2745u
u
U
ORDINANCE NO.2745
AN ORDINANCE AMENDING CHAPTER 18.20 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "RESIDENTIAL ZONES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones"is amended as
follows:
18.20.030 Allowed Uses:
A.The Residential Land Uses table indicates where categories of land uses may be permitted
and whether those uses are allowed outright or by conditional use permit. Only residential
zones are included in this table.Land uses not listed are prohibited unless allowed through
the process specified in MLMC 18.20.020.D. Further interpretation of these zones may be
obtained as specified in MLMC 20.03.020.B.Land uses are also subject to any footnotes
contained within this chapter.
B.The symbols used in the table represent the following:
1.An "A" in a table cell indicates that the use is allowed subject to the applicable standards
in this code in the zone listed at the top ofthe table.
2. A "C"in a table cell indicates that the use is allowed by conditional use permit,subject to
the conditional use provisions in MLMC 18.51 and any additional standards specified.
3. An "X" in a table cell indicates the use is not allowed in the zone listed at the top ofthe
table.
C. Procedural requirements for permits are described in Moses Lake Municipal Code Title 20.
D.Uses similarto those listed may be established as allowed orconditionallyallowed through the
interpretation procedures in MLMC 20.03.020.B.In determining whether a use should be
permitted, the Community Development Director shall refer to the purpose statements found
in MLMC 18.20.010 and the 1987 version of the Standard Industrial Classification Manual.
TABLE 1:LAND USES IN RESIDENTIAL ZONES
USE CATEGORIES R-1 R-2 R-3 R-4
Residential
Single family detached dwelling A A A A
Single family attached dwelling,each unit on its own lot of record A A A X
Factory built residential structure not on a permanent chassis A A A A
Factory-built housing constructed to the standards of the State
Building Code
A A A A
Manufactured home X A A A
Duplex X A A X
Multi-familydwelling units X X A X
ORDINANCE NO.2745
PAGE 2 January 13,2015
TABLE 1:LAND USES IN RESIDENTIAL ZONES
USE CATEGORIES R-1 R-2 R-3 R-4
Condominium (in compliance with MLMC 18.67)A A A A
Rental of apartment appurtenant to single family residence X C C C
Accessory dwelling unit (in compliance with 18.20.055)A A A X
Boarding house for not more than 3 people X C C X
Manufactured Home Park (in compliance with MLMC 18.65)X C C X
Temporary occupancyof recreational vehicle1 X C C X
Commercial
Adult Family Home2 A A A A
Assisted Living Facility X X C X
Family Day Care3 A A A A
DayCare Center-in home4 C C C X
DayCare Center-not inhome5 X X C X
Home Occupation (in compliance with MLMC 18.55)A A A A
Professional Office X X C X
Golfcourse C c C c
Clubs,lodges,assembly halls X X C X
Athletic clubs X X C X
Boarding houses X X C X
Clinics,hospitals X X C X
Hotels,motels X X C X
Marinas X X C X
Recreational Vehicle Parks (in compliance with MLMC 18.71)X X C X
Commercial uses not specifically listed X X X X
Transportation,Communication,and Utilities
Wireless communication facilities,in compliance with MLMC 18.78 X X X X
Local utilities,below ground A A A A
Local utilities,above ground C c C c
u
u
u
ORDINANCE NO.2745
PAGE 3 January 13,2015
TABLE 1:LAND USES IN RESIDENTIAL ZONES
USE CATEGORIES R-1 R-2 R-3 R-4
Regional utilities C C C C
Public and Institutional
Park,playground,athletic field,other non-commercial recreation A A A A
schools-public and private C C C C
Churches and church structures or additions which may exceed 30' in
height,and appurtenant uses
C C C C
Cemeteries C C C C
Agricultural
Commercial cultivation of land for agricultural products,vineyards,
gardening,fruit growing
X X X A
Keeping of livestock,poultry,rabbits,or bees (in compliance with
MLMC 18.20.160)
X X X A
Selling of agricultural products raised or grown on premises X X X A
Stables,riding academies,commercial dog kennels X X X C
Commercial produce stand (selling of seasonal agricultural products)X X X C
Miscellaneous
Accessory use appurtenant to any primary use and not otherwise
prohibited
A A A A
Removal of soil or other natural materials for the purpose of sale or
use as fill material8
X X X X
Footnotes for Table 1
1.A.The following criteria shall be met:
1)Applicant must be a non-profit organization.
2) The request is associated witha construction project which requires a conditional use
permit.
3) The locationand sitingof the RVunits shall comply with MLMC 18.65.080 Setbacks
and Separations of Manufactured Homes,MLMC 16.36 FireApparatusAccess, and
MLMC 16.48 Fire Hydrants.
B. In addition to any other conditions the Planning Commission sets on the project, the
following requirements shall be stipulated as conditions ofthe conditionaluse permit:
1)The durationofthe conditional use permitshall be specifiedand shall notbe allowed
to exceed the life of the building permit.
2)The number of RV units to be allowed.
ORDINANCE NO.2745
PAGE4 January 13, 2015
3)The RV site shall be left free of litter,debris,or otherevidence of RV occupation upon
the completion or removal of the use.^"^
4) A solid waste disposal plan shall be provided.
2. An adult family home shall be licensed by the State of Washington Department of Social and
Health Services,and a city business license shall be required.
3. Family day care homes shall be licensed by the State of Washington Department of Social and
Health Services and shall operate in compliance with the licensed capacity requirements for
family day care homes.Certification by the office of child care policy licensor as providing a
safe passenger loading area,and a city business license shall be required.The building and
lot shall comply with all building, fire,safety,and health code requirements,and shall conform
to the lot size,building size,setbacks,and lot coverage standards of the zone,except for legal
nonconforming structures.Signage shall not be allowed.Hours of operation may be limited
to facilitate neighborhood compatibility,while also providing appropriate opportunities for
persons who use family day care and who work a non-standard shift.Proof that adjacent
property owners have been notified inwritingof the intent to locate and maintain such a facility
shall be required.
4.This shall be a day care facility that provides for the care of no more than 20 children in the
family abode of the person holding the license issued by the Washington State Department
of Social and Health Service.Day care centers must be in compliance with the following
requirements:
A.Outdoor play areas shall not be located in front yards.
B.One on-site parking space is required for each employee in addition to the required
resident parking.
C. An on-site,off-street loading and unloading area shall be required.
D. A city business license shall be required.
E.Signage shall not be permitted in the R-1,R-2,or R-4 Zones.
F. No structural or decorative alteration which would alter the character or be incompatible
with the surrounding residences shall be permitted.
G.The use and structures shall be in compliance withzoning regulations and State Building
Code requirements.
H. Day care centers shall be licensed by the State of Washington,Department of Social and
Health Services and shall operate in compliance with the licensed capacity requirements
as determined by the State of Washington,Department of Health Services,unless the
Planning Commission stipulates fewer children.
I.The Planning Commission may impose conditions to mitigate any potential adverse
impacts on the surrounding area.
5.Subject to the following conditions:
A. Day carefacilities shall be licensed bythe Stateof Washington,Department of Social and
Health Services and shall operate incompliance withthe licensed capacity requirements
as determined by the State of Washington,Department of Health Services,unless the
Planning Commission stipulates fewer children.
r^
n
ORDINANCE NO.2745
PAGE5 January13,2015
B.One (1)on-site parking space shall be required for each employee on the largest shift.
C.An on-site loading and unloading area shall be required.
6.Excavation for the purpose of on-site construction or landscaping is permitted.
18.20.055 Accessory Dwelling Units
A.Purpose:
1 To regulate the establishment of accessory dwelling units within or in conjunction with
single-family dwellings while preserving the character of single-family neighborhoods.
2 To provide affordable housing options.
3. Make possible foradult children to provide care and support to a parent or other relatives
in need of assistance.
4.To provide the opportunity for homeownersto gain security,companionship and the extra
income necessary to help meet the rising costs of home ownership.
5. To provide infill housing opportunites and efficient land use throughout residential zones
in the City.
B.Accessory dwelling units (ADU) shall meet all of the following standards:
1.In The R-1,R-2,and R-3 zones,an ADU may be created within, or detached from, any
existing or new single-family dwelling as a subordinate use.
\^J 2.No more than one ADU may be created per legal lot ofrecord.
3. Only the property owner, which shall include title holders and contract purchasers,may
apply foran ADU.The propertyowner mustoccupy either the primarydwelling orthe ADU
as their principal residence for at least six months of the year.
4.One off-street parking space shall be provided in addition to off-street parking that is
required for the primary dwelling,
5.The ADU shall be designed to maintain the appearance of the primary dwelling as a
single-family dwelling.Roof pitches and material, siding, trim, color, and windows of any
new construction to house the ADU shall be similar and complementary to the primary
dwelling.
6. In no case shall a detached ADU be less than 200 square feet,and no less than 300
square feet when partof the primary residence.No ADU shall be more than 800 square
feet,excluding any related parking and stair areas.
7.The ADU shall include,at a minimum,kitchen,bathroom and sleeping facilities
8.Detached accessory dwelling units shall meet front, rearand side yardaccessorystructure
setback requirements.
9.Ifa separate outside entrance is necessary foranADUlocatedwithinthe primary dwelling,
that entrance must be located either on the rear or side of the building.
u 10.A home occupation may be permitted ineither the primarydwellingorthe ADUbut not in
both.
ORDINANCE NO.2745
PAGE 6 January 13, 2015
11.An ADU shall not be subdivided or otherwise segregated in ownership from the primary
dwelling unit unless the resulting lots meet all of the required minimum development
standards
12. An address for an ADU shall be the same as the primary dwelling unit with a "B"added to
the end of the address number.
13.The design and construction of the ADU shall conform to all applicable codes.
14.The property owner shall file a restrictive covenant with Grant County's auditor's office for
the subject property prior to final building inspection approval for the ADU.The recorded
information shall:
a.Identify the property by address and legal description
b.State that the owner(s)resides in either the principal or accessory dwelling unit.
c.State that the owner(s)will notify any prospective purchasers of the limitations of the
ADU.
d.State that the ADU shall not be subdivided or otherwise segregated in ownership from
the primary dwelling unit unless the resulting lots meet all of the required minimum
development standards for the zone.
e.Provide,upon proper notice,for the removal of the ADU within 2 years,if any of the
requirements of this title are violated.
Section 2.This ordinance shall take effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on January 13,2015.
Dick Deane,Mayor
ATTEST:
\J.Robert Taylor,Finance Director
APPROVED AS TO FORM:
IAjU2jL
erine L.Kenison,City-Attorney
~