2781ORDINANCE NO.2781
^AN ORDINANCE AMENDING CHAPTER 18.30 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "COMMERCIAL ZONES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1.Chapter 18.30 of the Moses Lake Municipal Code entitled "Commercial Zones"is amended as
follows:
18.30.010 Purpose:
The purpose of this chapter is to provide for:
A. A well-distributed system ofcommunity-based retail,service, neighborhoodconvenience, and
regional-based retail uses;
B. Land uses that meetthe needs of local residents and attract regional populations;
C. Land areas withinthe cityto meet the needs of commercial development.
The C-1,Central Business District,Zone is intended to provideforavarietyof retail business uses
andservicesandto preserve land for suchuses.It isa unique pedestrian-oriented commercial
district that is the major retail,office,entertainment, and arts center for the community.
Complementary residential uses are encouraged.
The C-1A.Transitional Commercial.Zzone is intended to be a transition zone between theC-1 and\^j C-2 zones and to provide an area for future expansion of the C-1 zone.
The C-2,General Commercial and Business, Zone is intended to provide for the general
commercial and business activity ofthe cityandto preserve land for such uses.It isintendedto
complementthe downtown andhelpmeet theothercommunity needs, as well as provide anarea
for large scale shopping centers andotheruses oriented to vehicletraffic.
The NC.Neighborhood Commercial.Zzone provides for small-scale shopping areas that offer
convenience goods and personal services for the daily needs of nearby neighborhoods.This
zoning district is designed to reduce trips by providing convenient shopping.The allowed uses
servethe neighborhood.Uses that tendtodraw traffic into the neighborhood are notallowed.
18.30.030 Allowed Uses:
A. The Commercial LandUses table indicateswhere categories of land uses may be permitted
andwhether those uses are allowed outright orby conditional use permit.Onlycommercial
zones are included inthis table. Land uses not listedare prohibited unless allowed through
the process specified in MLMC 18.30.030.D.Further interpretation ofthese zones may be
obtained as specified in MLMC 20.03.020.B.Land uses are alsosubjectto any footnotes
contained within this chapter.
B. The symbols used inthe table represent the following:
1.An "A"ina table cellindicates that the use is allowed subject to the applicable standards
in this code in the zone listed at the top of the table.
2. A "C"ina table cell indicates that the use is allowed by conditional use permit,subject to
l\^J the conditional use provisions in MLMC 18.51 and any additional standards specified.
3. An "X" in a table cell indicates the use is not allowed in the zone listed at the top of the
table.
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Page 2 September8,2015
C.Procedural requirements for permits are described in MLMCTitle 20.
D.Uses similar to those listed may be established asallowed or conditionally allowed through the
interpretation procedures in MLMC 20.03.020.B.In determining whether a use should be
permitted,the Community Development Director shall refer to the purpose statements found
in 18.30.010 and the 1987 version of the Standard Industrial Classification Manual.
LAND USES IN COMMERCIAL ZONES
USE CATEGORIES C-1 C-2 C-1A NC1
Retail
Retail uses (other than those listed below)A A A A1
Food stores A A A A2
Eating and drinking places A A A A3
Drinking places A A A C4
Open sales lots inconjunction withthe principal use which must be in
an enclosed adjoining building5
X A A X
Daily outdoormerchandise display6 A A A A
Sidewalk sales A A A A
Christmas tree sales,non-profit organization sales or activities
associated with a seasonal event7
A A A A
Vehicle sales lot8 X A A X
Gasoline stations9 c A A
cio
Drive thru for a permitted use c A A X
Wholesale
Wholesale use as an accessory use to a permitted retail use A A A X
Wholesale use when not associated with a retail use X A A X
Services
Service uses (other than those listed below)A A A A11
Professional Offices,other than medical/dental/psychiatric A A A A12
Medical/dental/psychiatric office or clinic C A A X
Hospitals X C C X
clubs,lodges,assembly halls A A A X
Lodging and assembly A A A X
Recreational Vehicle Parks (in compliance with MLMC 18.71)X C C X
Banking and financial services A A A X
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LAND USES IN COMMERCIAL ZONES
USE CATEGORIES C-1 C-2 C-1A NC1
Repair and maintenance,including vehicles and appliances13 c A A X
Child care,day care A A A A
Veterinarian,small animals (pets)Q14 C C X
Veterinarian,large animals (livestock)X X X X
Animal boarding X C C X
Drive thru for a permitted use c A A X
Adult entertainment facilities,in compliance with MLMC 18.73 X A X X
Cultural,recreational,and entertainment uses A A A A1
Transportation,Communication,and Utilities
Wireless communication facilities,in compliance with MLMC 18.78 A A A X
Local utilities,below ground A A A A
Local utilities,above ground C C C C
Regional utilities C C C X
Privateor public passenger transportation systems15 A A A A
Airports, landing strips, and air transportation facilities X C X X
Heliports c C c X
Industrial and Storage
On-site hazardous waste treatment and storage facilities16 c C c c
Off-site hazardous waste treatment and storage facilities X X X X
Wrecking yards,salvage yards,or junk yards X X X X
Lightmanufacturing when subordinate to a retail sales outlet and
contained in a building
A A A X
Storage, warehousing, and distribution,not associated with a retail
business
X A A X
Construction sitestorage in sea-going containers orsemi-trailers17 A A A A
Permanent storage in cargo container,in compliance with MLMC
18.76
X C C X
Temporary storage incargo container, incompliance with MLMC
18.76
X C C X
Outside storage in conjunction with a principal use which is in an
enclosed adjoining building
X A A X
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LAND USES IN COMMERCIAL ZONES
USE CATEGORIES C-1 C-2 C-1A NC1
Public and Institutional
Park, playground,athletic field,other non-commercial recreation A A A X
Outdoor recreational,entertainment,or amusement facilities A A A A1
Festivals or other outdoor celebrations A A A A
Schools,public and private C C C C
Churches C C C
C18
Libraries A A A C
Residential
Manufactured or mobile home park X X X X
Occupancy of trailers or recreational vehicles (except in an RV park)X X X X
Residential use in conjunction with a commercial structure A19 C Q19 A20
Multi-family residential use,not in conjunction with a commercial
structure
C21 C c21 X
Assisted Living Facility X C c X
Adult Family Home22 in an existing residence A A A A
Family Day Care Home23 inan existing residence A A A A
Residential uses in a basement or upper story A A A A
Miscellaneous
Accessory use appurtenant to any primary use and not otherwise
prohibited
A A A A
Removal of soil or other natural materials for the purpose of sale or
use as fill material24
X X X X
KeeDino of livestock.Doultrv.rabbits,or bees X X JJL x
Footnotes for Table 1
1. All uses in the NC Zone are limited to those selling products and providing services to the
immediate neighborhood without attracting a significant number of patrons from outside the
neighborhood.No single use shall exceed ten thousand (10,000)square feet.Uses that have
outdoor sales require a conditional use permit.Drive thru not allowed.
2. Limited to ten thousand (10,000)square feet of gross floor area.
3.Includes establishments thatserve liquorwith meals.Limitedto five thousand (5,000)square
feet of gross floor area.Drive thru not allowed.
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4.Limited to five thousand (5,000)square feet of gross floor area.
5. Provideddisplayison privatepropertyand does notinterferewith parking,traffic,orpedestrian
movement.
6.Daily open merchandise display is permitted on private property when conducted in
conjunction withthe principal operation whichisinanenclosed adjoining building provided that
such merchandise is taken inand stored inan enclosed buildingat the close of each business
day and that the display shallnot interferewith parking, traffic,or pedestrian movement.
7. The listedoutdoortemporary/seasonal uses are permitted outright not to exceed thirty (30)
daysin duration.Temporary structures associatedwith the listed uses are permitted andshall
be exempt from the requirement for compliance with the State Building Code. The siting of
temporary structures shall be approved by the Building Official.
8. All areas where vehicles are stored must be improved with hard surface paving. A street
frontage bufferas specified in MLMC 18.57.040.Ais required,even if landscaping is not
otherwise required.Loudspeakers are prohibited.
9 Gas pumps shallbe set back twenty-fivefeet (25')from property lines
10.Sales of tires, batteries,orotherautomobile partsis prohibited.Repairwork is prohibited.
11.Limited to establishments selling products and providing services to the immediate
neighborhood without attracting a significant number of patrons from outside the
neighborhood.In the personal services category (SIC 72),funeral homes,crematories,and
related uses; tattoo parlors,andTurkish bathsare prohibited.Nosingleuse shall exceed ten
thousand (10,000)squarefeetandoffice uses arelimited totwothousand (2,000)square feet.
\^_J 12.Limited totwo thousand (2,000)square feet.Engineering,accounting,research,management,
and related services (SIC 87)is not allowed.
13.In the C-1 and C-1 AZones,repair and maintenance,where allowed,shall take placeentirely
within an enclosed building.
14. No outdoor boarding allowed.
15.A bus garage or similar facility is allowed onlyinthe C-2 Zone.
16.In compliance with the performance standards oftheStateofWashington siting criteria for on-
site hazardous waste treatment and storage facilities and the requirements of this chapter;
provided that,on-site hazardous waste treatment and storage facilities are accessory toand
subordinate to a primary use which is a generator of hazardous waste.
17.Construction storage facilities maybe located ten (10)days prior to start ofconstruction and
shall be removedwithin ten (10)days of finish of construction.Startof construction shall be
defined asten (10)days prior tothe physical presence of construction activity onthe site for
which a building permit hasbeen issued.Finish of construction shall be defined asthedate
of issuance of a Certificate of Occupancy.
18.Allowed only as a subordinate use.
19.Existing residential uses mayremain.For new residential uses,at least 50%ofthe ground
floor area must be designated for retail,service,public,or commercial uses except that
properties that front onThird Avenue may not use any ofthe ground floor area for residential
i uses.Off-street parking for residential tenants must be provided,in compliance with MLMC
W 18.54.
20.When located adjacent toa residential zone,the allowed residential density isthesame asthe
adjoining residential zone.See MLMC 18.31.050.
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21.In the C-1 and C-1 A Zones,multi-family use is not allowed for properties that front on 3rd
Avenue.
22.Adult family homes shall be licensed by the Department of Social and Health Services,and a
city business license shall be required.
23. Familyday care homes shallbe licensed bythe State of Washington Departmentof 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 buildingand
lotshall comply with allbuilding,fire,safety,and health code requirements,and shall conform
to the lot size,building size,setbacks,and lot coverage standards of the zone,except for legal
nonconforming structures.
24. Excavation for the purpose of on-site construction or landscaping is permitted.
18.30.040 Prohibited:The following are prohibited in commercial zones:
A.Collection,or dumping of any junk,scrap,garbage,unsightly material, litter,or debris except
as may be contained in an approved garbage collection container.
B. Collection, or dumping of dismantled,partly dismantled,or wrecked vehicles,trailers,
machinery,or their parts.
C. Any usewhich does not or is not capable of conforming with the requirements of this chapter.
18.30.050 Development Standards for Commercial Zones:
A.Purpose.This section establishes the development standards and site requirements for uses
in the commercial zones.The standards and rules are established to provide flexibility in
project design,prevent fire danger,provide adequate access and circulation,reduce
incompatibilities,and prevent overloading ofinfrastructure due to the impactsof development.
B.Explanation ofTable.Developmentstandards are listed down the left column ofthe table and
the commercial zones are identified across the top row.The matrix cells contain the
requirements of each zone.The footnotes identify particular requirements applicable to a
specific use,standard,or zone.Additional requirements for the NC zone are found in MLMC
chapter 18.31.
TABLE 2:DEVELOPMENT STANDARDS IN COMMERCIAL ZONES
Development Standards C-1 C-2 C-1A NC
Minimum lot size NR NR NR See MLMC 18.31.020
Maximum lot size NR1 NR NR1 3 acres
Maximum building height 4 stories or
62'2
4 stories or
62'2
4 stories or
62'2
See MLMC 18.31.040
Minimum Front yard
setback3
NR 15'NR See MLMC 18.31.030.A
Maximum front setback 0'4 NR NR See MLMC 18.31.030.A
Exteriorside yard setback3 NR 15'0'See MLMC 18.31.030.B
Interiorside yard setback3 NR NR NR See MLMC 18.31.030.B
Rear yardsetback3 NR NR NR See MLMC
18.31.030.C
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TABLE 2:DEVELOPMENT STANDARDS IN COMMERCIAL ZONES
Development Standards C-1 C-2 C-1A NC
Landscaping required
(MLMC 18.57)
New parking
lots only
Yes New parking
lots only
Yes.Additional
requirements at MLMC
18.31.060
Buffer requirements MLMC
18.30.130
MLMC
18.30.130
MLMC
18.30.130
MLMC 18.30.130 and
18.31.060
Signage MLMC 18.58 MLMC 18.58 MLMC 18.58 MLMC 18.58 and
18.31.090
Outside storage allowed No MLMC
18.30.110
MLMC
18.30.110
No
Fencing requirements MLMC
18.30.120
MLMC
18.30.120
MLMC
18.30.120
MLMC 18.30.120 and
18.31.060
Parking required (MLMC
18.54)
For
residential
only
Yes For
residential
and lodging
only
Yes
Ground floor window
standards
MLMC
18.30.150
NR MLMC
18.30.150
MLMC 18.30.150
Pedestrian requirements NR MLMC
18.30.160
NR MLMC 18.30.160
NR= No Requirement for the zone.Other regulations may apply.
Footnotes for Table 2
1. No maximum lotsize;however,any use over two(2)acres requires Planning Commission
approval as a conditional use.
2. The Planning Commission may allow buildings or structures to be erected to an additional
height after a public hearing and examination of the location and upon due proof to the
satisfaction of the Commission that the additional height will not be detrimental.
3.Setbacks:
A. Within the setback area shown on Table 2, no building or structure (as defined in
18.06.610)shall be allowed,except flagpoles,street furniture,transitshelters, signage,
fencing,slope stability structures, and improvements less than thirty inches (30")above
grade,including decks,patios,walks,and driveways.Some of these structures and
improvements require a permit.Eaves,cornices,and awnings may project into the
required setback no more than two feet (2').
B. The setbacks shown inthe table are zoning setbacks.Larger setbacks may be required
by theState Building Code,State Fire Code,sight distance requirements,orlandscaping
requirements (MLMC 18.57).
4.Portions of the building may be set back further than the maximum setback to allow for
features that encourage pedestrian use and activity along the street, such as building
modulation,pedestrianplazasorcourtyards,covered orrecessed entryways,commercial uses
or displays (such as vendors, newsstands, or cafes),public art (such as waterfeatures or
sculptures),or seating and/or planter areas.
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18.30.110 Outside Storage:Outside storage is permitted in the C-2 and C1-A Zones when conducted in
conjunction with the principal use which is in an enclosed adjoining building.Screening may be
required by the Planning Commission as partof site plan review.Outside storage is prohibited in
the other commercial zones.
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 September 8,2015.
Dick Deane,Mayor
ATTEST:
W.CRoDert/Taylor,Finalide Director
APPROVED AS TO FORM:
Katnerlne L.KenisorvCity-Atforney
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