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2799u u U ORDINANCE NO.2799 AN ORDINANCE AMENDING CHAPTER 18.20 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "RESIDENTIAL ZONES" THE CITYCOUNCIL OF THE CITYOF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter 18.20of 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 inthis table. Land uses not listed are prohibited unless allowed through theprocessspecified in MLMC 18.20.020.D.Further interpretation ofthesezones may be obtained as specified in MLMC 20.03.020.B.Land uses are also subjectto any footnotes contained within this chapter. B. The symbols used inthe table represent the following: 1.An "A"ina table cellindicatesthat the use is allowed subject tothe applicablestandards 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 byconditional use permit,subject to the conditional use provisions in MLMC 18.51 andany additional standardsspecified. 3. An "X"in a table cell indicates the use is not allowed in the zone listed at the top of the table. C.Procedural requirements for permits are described in Moses Lake Municipal Code Title 20. D.Usessimilar tothoselisted may be established as allowed orconditionally allowed through the interpretation procedures in MLMC 20.03.020.B.In determining whether a use should be permitted,the Community Development Director shall refer to the purpose statements found in MLMC 18.20.010 and the 1987 version ofthe Standard Industrial Classification Manual. TABLE 1:LAND USES IN RESIDENTIAL ZONES USE CATEGORIES Residential Single family detached dwelling Single family attacheddwelling,each unit on itsown lotof record Factory built residential structurenotona permanentchassis Factory-built housing constructedtothe standards ofthe State Building Code Manufactured home Duplex Multi-family dwelling units Condominium (in compliance with MLMC 18.67) Rental ofapartment appurtenantto singlefamily residence Accessory dwelling unit (in compliance with 18.20.055) Boarding house fornot more than 3 people R-1 X X R-2 R-3 R-4 X X A X X ORDINANCE NO.2799 PAGE 2 February 23,2016 TABLE 1:LAND USES IN RESIDENTIAL ZONES USE CATEGORIES R-1 R-2 R-3 R-4 Manufactured Home Park (in compliance with MLMC 18.65)X C C X Temporary occupancy of recreational vehicle1 X C C X Commercial Adult Family Home2 A A A A Assisted Living Facility X X C X Family DayCare3 A A A A Day Care Center-in home4 C C C X Day Care Center-not in home5 X X C X Home Occupation (in compliance with MLMC 18.55)A A A A Professional Office X X C X Golf course c c C c Clubs,lodges,assembly halls X X C X Athletic clubs X X C X Boarding houses X X C X Clinics,hospitals X X C X Hotels,motels X X C X Marinas X X C X Recreational Vehicle Parks (in compliance with MLMC 18.71)X X C X Commercial uses not specifically listed X X X X Transportation,Communication,and Utilities Wireless communication facilities, in compliance with MLMC 18.78 X X X X Local utilities,below ground A A A A Local utilities,above ground c c C c Regional utilities c c C c Public and Institutional Park,playground,athletic field,other non-commercial recreation A A A A 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 U u u ORDINANCE NO.2799 PAGE 3 February 23,2016 TABLE 1:LAND USES IN RESIDENTIAL ZONES USE CATEGORIES R-1 R-2 R-3 R-4 Cemeteries C C C C Agricultural Commercial cultivation of land for agricultural products,vineyards, gardening,fruit growing X X X A Keeping of livestock, poultry,rabbits, or bees (incompliance 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 primaryuse and nototherwise prohibited A A A A Removal of soil or other natural materials for the purpose of sale or use as fill material6 X X X X Footnotes for Table 1 1.A.The following criteria shall be met: 1)Applicantmust be a non-profit organization. 2) The request isassociated with a construction project which requires a conditional use permit. 3)The location and siting ofthe RV units shall comply with MLMC 18.65.080 Setbacks and Separations of Manufactured Homes,MLMC 16.36 Fire Apparatus Access,and MLMC 16.48 Fire Hydrants. B.In addition to any other conditions the Planning Commission sets on the project,the following requirements shall be stipulated as conditions ofthe conditional use permit: 1)Theduration oftheconditional use permit shall be specified andshall not be allowed to exceed the lifeof the building permit. 2) The number of RVunits to be allowed. 3) The RV siteshall be left freeoflitter,debris,orotherevidence of RV occupation upon the completion or removal of the use. 4) Asolid waste disposal plan shall be provided. 2.An adult family home shall be licensed by theStateofWashington Department ofSocial and Health Services,and a citybusiness license shall be required. 3.Family day carehomes shall belicensed by theState ofWashington Department ofSocial and Health Servicesand shall operate in compliance with the licensed capacity requirements for family daycare homes.Certification by theoffice ofchild care policy licensor as providing a safepassengerloading area,anda city businesslicense shall be required.The building and lot shall comply with all building,fire,safety,and health coderequirements,and shall conform tothe lot size,building size,setbacks,and lot coverage standardsofthezone,exceptfor legal nonconforming structures.Signage shall not be allowed.Hours ofoperation may be limited ORDINANCE NO.2799 PAGE 4 __February 23,2016 to facilitate neighborhood compatibility,while also providing appropriate opportunities forpersonswhousefamilydaycareandwhoworkanon-standard shift.Proof that adjacent (**} propertyowners have been notifiedinwriting ofthe intentto locateand maintainsuch a facility shall be required. 4. This shall be a day care facility that provides forthe care of no more than 20 children inthe family abode ofthe person holdingthe license issued bythe Washington State Department of Socialand Health Service.Daycare centers must be in compliance with the following requirements: A.Outdoor play areas shall not be located in front yards. B.One on-site parking space is required for each employee in addition to the required resident parking. C. An on-site,off-street loading and unloading area shall be required. D. A city business license shall be required. E.Signage shall not be permitted in the R-1,R-2, or R-4 Zones. F. No structural or decorative alteration which would alter the character or be incompatible with the surrounding residences shall be permitted. G.The use and structures shall be in compliance with zoning regulations and State Building Code requirements. H.Daycare centers shall be licensed by the State of Washington,Department of Social and Health Services and shall operate in compliance with the licensed capacity requirements as determined by the State of Washington,Department of Health Services,unless the (**) Planning Commission stipulates fewer children. I.The Planning Commission may impose conditions to mitigate any potential adverse impacts on the surrounding area. 5.Subject to the following conditions: A. Day care facilities shall be licensed by the State of Washington,Departmentof Social and Health Services and shall operate in compliance with the licensed capacity requirements as determined by the State of Washington,Department of Health Services,unless the Planning Commission stipulates fewer children. B.One (1)on-site parking space shall be required for each employee on the largest shift. C.An on-site loading and unloading area shall be required. 6.Excavation for the purpose of on-site construction or landscaping is permitted. 18.20.150 Performance Standards Residential Structures: A.Roof construction shall be of non-reflective materials. B.Wheels and tongue ofall 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 f) Development indicating compliance with the National Manufactured Housing Construction Safety Standards Act of 1974 (effective June 15,1976). ORDINANCE NO.2799 PAGE 5 February 23,2016 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. F.All required off-street parking spaces shall be paved. The access route fromthe street to the parking spaces shall also be paved,unless the street is not improved with paving. G. The roof pitch of any house or garage must have a minimum pitch of four feet (4') of rise to twelve feet (12')of run (4:12)for at least eighty percent (80%) of the structure. H.The front-facing facade of an attached garage shall have articulation from the rest of the facade. This may be providedbya setback,trellis,change inroof line,or other architectural technique approved by the Community Development Director. I.All buildingson the same lotshould generally use similar materials and styles to providea cohesive appearance.They may vary in individual features and accents. Section 2.This ordinance shall take effect and be inforce five (5) days after its passage and publication of its summary as provided by law. Adopted bythe City Counciland signed byits Mayor on February 23, 2016. ATTEST: APPROVED AS TO FORM: ine L.Kenison,City AttcKatheririty_AttOpfi%y~ ^ odd vbth,Mayor