1122_00001ORDINANCEND.1122
ANORDINANCEREPEALINGCHAPTER18.18 OF THEMOSESLAKEMUNICIPALCODEENTITLED"R-2,SINGLEFAMILYANDDUPLEXZONE"ANDESTABLISHINGA NEWCHAPTER18.19 OF THEMOSESLAKEMUNICIPALCODEENTITLED"R-2,SINGLEFAMILYANDTWOFAMILYRESIDENŒgþLZONE."
THECITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTON00 ORDAINAS FOLLOWS:
Section 1.Chapter 18.18 of the Moses Lake Municipal Code entitled "R-2,SingleiFamilyandDuplexZone"is hereby repealed in its entirety.
Section 2.Chapter 18.19 of the Moses Lake Municipal Code entitled "R-2,SingleFamilyandTwoFamilyResidenceZone"is hereby established as follows:
18.19.010 Intent:The single family and two family residence zone is intended
to provide for and to protect single family and two family residencesinspecitifedlowdensityareasandtopreservelandforsinglefamilyandtwofamilyresidentialuses.
18.19.020 Permitted Uses:Hereafter in the single family and two family resi-dence zone no building,structure,or land shall be used and no build-ing or structure shall be erected,altered,enlarged,or relocatedthereinwhichisdesignedorintendedtobeusedforanyotherthanthefollowingoutrightpermittedusesorasaconditionaluse.Out-right permitted uses or conditional uses in the single family and twofamilyresidencezoneshallbeincompliancewiththeconditions,theperformancestandards,and the bulk regulations of this chapter.
A.Outright Permitted Uses:
1.Duplex -a structure on one lot of record containing two (2)dwelling units.
I 2.Single family dwelling units including:
a.Single family detached dwelling units.
b.Single family dwelling units sharing a commonwall orattachmentontwolotsofrecord,
c.Condominiums -single family attached dwelling unitsdevelopedasahorizontalregimeincompliancewith therequirementsofthischapterorincompliancewithChapter18.67 of this title entitled Planned Development District.
3.Subordinate uses -any use which is incidental and subordinatetotheprincipaluseofthelandorbuilding;is located onthesamelotwiththeprincipaluse;and is not otherwiseprohibited.
4.Accessory buildings and/or structures appurtenant to anypermitteduseincompliancewithSection18.19.040 of thischapter.
5.Factor.y built housing constructed to the standards of theUniformBuildingCode.
I 6.Keeping of household pets (dogsand cats)not exceeding three(3)in number which are four (4)months old or older.
7.Planned Development Districts in compliance with Chapter 18.67ofthistitle,entitled Planned Development Districts.
8.Parks and non-commercial recreational uses.
9.Homeoccupations in compliance with Chapter 18.06.320 of thistitle.
10.An accessory dwelling unit intended to accommodatea member(s)of the immediate family requiring daily care,supervision,orguardianshipincompliancewithSection18.19.190 of thischapterentitledResidentialDensity.
ORD.#1122,Page 2
11.Other unmentioned uses ruled by the Planning Commission to besimilartoandcompatiblewiththespecifiedpermitteduses.
B.Conditional Uses:The following uses may be permitted by thePlanningCommissionasaconditionaluseincompliancewiththeprovisionsofthischapterandChapter18.57 of this title entitled,Conditional and Unmentioned Uses.
1.Churches
2.Schools
3.Group homes for the developmentally disabled
4.Golf courses
5.Manufactured homes not located in manufactured home parksprovidedthatthesize,construction,siting,and otherfeaturesshallbeharmoniouswiththesurroundingresidentialpropertiesandshallpreservethegeneralcharacterandin-tegrity of the neighborhood.
6.Cemetaries
7.Day care or day nurseries
8.Rental of an apartment appurtenant to a single family resi-dence.
9.Manufactured home parks in compliance with Chapter 18.63 ofthiscodeentitled"Mobile (Manufactured)Home Parks."
10.Essential public services and utilities including buildingsandstructures.
11.Boarding houses for not more than three (3)people
12.Other uses ruled by the Planning Commission to be a condi-tional use provided that the use shall be similar to andcompatiblewiththespecifiedpermittedandconditionaluses.
18.19.030 Prohibited Uses:Any use not expressly permitted outright or as aconditionaluseintheR-2 zone shall be prohibited,including but notlimitedtothefollowingexamples:
A.Commercial uses except as provided in Section 18.19.020 A and B ofthischapter.
B.Multi-family dwelling unit structures except as provided in Section18.19.020 A and B of this chapter.
C.Keeping of livestock,poultry,rabbits,or less.
D.Industrial uses
E.Occupancy of trailers or recreational vehicles
F.Public nuisances
G.Removal of soil or other materials for the purpose of sale or useasfillmaterial,except that excavation for the purpose of con-struction or landscaping is permitted.
H.Outside storage,collection,or dumping of dismantled,partlydismantled,or wrecked vehicles,trailers,machinery,or theirparts.
I.Outside storage or collection of any junk,scrap,garbage,un-sightly material,litter,or debris.
J.Abandoned sheds or buildings in a state of disrepair.
ORD.1122,Page 3
18.19.040 Accessory Buildings or Structures:Detached accessory buildings orstructuresarepermittedincompliancewiththeuseandbulkregula-tions and performance standards of this chapter,provided that:
A.Detached accessory buildings or structures shall not exceed
sixteen feet (16')in height.
B.Detached accessory buildings or structures shall comply with thefrontandsideyardsetbackrequirementsofthischapter.
I C.There shall be no required rear yard setback except as required bytheUniformBuildingCodeandtheUniformFireCode.
D.No detached accessory buildings will be constructed over right-of-
way or a public/private easement.
18.19.050 Lot Size:
A.Lot size shall not be less than seven thousand (7,000)square feetwithaminimumdepthofonehundredfeet(100')and a minimumwidthofsixty-five feet (65')per single family residence (onedwellingunit),except that lots platted prior to 1961 shall have
a minimum lot size of six thousand (6,000)square feet with aminimumdepthofonehundredfeet(100')and a minimum width ofsixtyfeet(60')per single family lot.
B.A duplex (twofamily residence structure -two attached dwellingunits)lot shall not be less than eight thousand square feet(8,000')with a minimum width of seventy feet (70')and a minimumdepthofonehundredfeet(100').
18.19.060 Flag Lots:
A.Flag lots shall have a minimum of twenty feet (20')frontage on a
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dedicated right-of-way.
B.The flag portion of the lot shall not be considered in determiningcompliancewiththerequirementsofthischapter.
C.Private driveways shall be maintained and clear of obstructions toallowaccessbyemergencyvehicles.
18.19.070 Lot Design Standards:Lots in the R-1 Zone shall be subdivided incompliancewithChapter17.28 of this code entitled "Design Standards."
18.19.080 Drainage:Roofs shall drain in such a manner that water will not flowontoapublicsidewalk.Water discharged from evaporative air condi-
tioners shall be controlled by the owner so as to not discharge into acit.y sanitary sewer unless approved by the City Engineer and shall notflowontoacitystreetorontoadjacentlots.Paved areas exceedingtwohundredsquarefeet(200')in area shall be provided with approveddrainagedisposalsystemsontheproperty,except in areas whereadequatestormdrainagesystemsareavailable.
18.19.090 Setbacks:No building or structure shall be erected,altered,en-larged,or relocated so that any portion thereof shall be nearer thepropertylinesthanthedistanceindicatedbythedepthofthere-quired yard setback except as provided for in this chapter,the Uni-form Building Code,and/or the Uniform Fire Code.I A.Corner Lots:
1.Corner lots sixty-five feet (65')or greater in width shallmaintainafrontyardsetbackandanexteriorsideyardset-back not less than twenty-five feet (25').
ORD.1122,Page 4
2.Corner lots less than sixty-five feet (65')in width shallmaintainafrontyardsetbackofnotlessthantwenty-fivefeet(25')and an exterior side yard not less than twenty feet(20'),except that residential structures may conform toexistingstructureswithintwohundredfeet(200')alongeitherstreetbutinnocaseshallabuildingbepermittedlessthanfifteenfeet(15')to a property line abutting astreet.
3.Corner lots seventy feet (70')or greater in width shallmaintainaminimumrearyardsetbackofnotlessthanfifteenpercent(15%)of the total depth of the lot.Corner lots lessthanseventyfeet(70')in width shall maintain a rear yardsetbacknotlessthantenpercent(10%)of the total depth ofthelot.
B.Eaves,Cornices,and Awnings:Eaves,cornices,and awnings mayprojectintotherequiredsetbacksnotmorethantwofeet(2').Open porches,steps,terraces,fences,and platforms having noroofcoveringsmayprojectintothefrontyardsetbacks.
C.Front Yard:Each lot shall maintain a front yard setback not lessthantwenty-five feet (25').
D.Lakefront Lots:There shall be no rear yard setback requirementsforalotabuttingashoreline.Structures located within alakefrontrearyardshallbeincompliancewithChapter18.45entitledCRZone.
E.Rear Yard:Each lot shall maintain a rear yard setback not lessthantwenty-five feet (25')except that detached accessory build-ings or structures may be sited within the rear yard setback incompliancewithSection18.16.040 of this chapter.
F.Attached Single Family Residences:There shall be no commonsideyardsetbackrequirementforsinglefamilydwellingunitssharing
a commonwall or attachment on two lots of record.
G.Side Yards:Interior side yard setbacks shall be not less thanthefollowing:
Lot Width Required Minimum Side Yard
45'-65'5'each side yard66'-75'7'each side yard76'-85'S'each side yard86'-99'9'each side yard100'or greater 10'each side yard
H.Through Lots:Through lots shall maintain not less than a twenty-five foot (25')setback from property lines on each parallel
street upon which the lot has frontage.
I.Zero Lot Line:Single family detached dwelling units may belocatedinsuchamannerthatoneofthebuildingsidesrests on alotline.Zero lot lines may be permitted provided that provi-sions are made for a ten foot (10')access easement for construe-tion,maintenance,and repairs.
18.19.100 Lots Frontinq on Curved Streets:The required width of residentiallotsfrontingoncurvedstreetsmaybereducedtonotlessthanfortyfeet(40')provided that the required lot area is obtained within onehundredtwentyfeet(120')of the front property line abutting acurvedstreetandthatthereshallbeaminimumsixty-five foot (66')lot width at the front building line on the lot.
18.19.110 Signs and Billboards:Signs and billboards shall be in compliancewithChapter18.57 of this title.
ORD.1122,Page 5
18.19.120 Landscaping:The area within the required front yard setback shall be
landscaped within one (1)year of occupancy and maintained.Land-
scaping shall be defined as the addition of lawns,trees,plants,
shrubs,and other natural and decorative features to the land.
18.19.130 Shoreline Areas:All property developed within two hundred feet(200')of the high water line of Moses Lake or its associated wet-lands,and any associated uses relying on the shoreline for such useshallconformwiththecity's Shoreline Management Plan.
I 18.19.140 Parking:
A.Parking requirements shall be in compliance with Chapter 18.54 ofthistitle.
B.Recreational equipment,including camping trucks,motor homes,camping trailers,boats,boat trailers,and similar equipment maybeparkedorstoredonpremises.Recreational equipment stored orparkedwithinsideyardsetbacksshallbepermissableprovidedtheoccupantsoftheadjoiningpropertyconsentthereto.
18.19.150 Vehicular Movement:
A.Vehicular movementand parking shall be consistant with the exit-ing pattern of vehicular movement and parking.Streets shall beincompliancewithcitydesignstandards.
B.Vehicle movementand parking generated form new developmtns shallnotexceedthedesigncapacit.y of collector or minor streets.
18.19.160 Satellite Receiving Antennas:Satellite receiving antennas shall besitedincompliancewiththefrontandsideyardsetbackrequirements
of this chapter.
18.19.170 Structures Over Easements or Right-of-Way:No building or structureishallbeconstructedorplacedoverdedicatedright-of-way or over aneasement.
18.19.180 Fences,Walls,and Hedges:Fences,walls,and hedges shall not exceedfourfeet(4')above finished ground level in.any front yard orcornerlotexteriorsideyardnorexceedeightfeet(8')on any in-terior side or rear yard.Electric or barbed wire fences shall be
prohibited.
18.19.190 Residential Density:Residential density shall not exceed two (2)dwelling units per residential lot.Lot size shall be in compliancewithSection18.16.050 of this chapter.
18.19.200 Maintenance of Lots:Lots in the R-1 Zone shall be maintained so astonotcreateafirehazardandshallbefreeoflitter,debris,garbage,unsightly material,or weeds.
18.19.210 Vehicle Maintenance:There shall be no maintenance of vehicles oncityright-of-way.Oil and gasoline shall not be dumped on paved citystreetsorintocatchbasinsorstormsewers.
18.19.220 Maintenance of city Right-of-Way:The property owner shall be respon-sible for the maintenance of city right-of-way from the back side ofthecurb.I 18.19.230 Uses:Uses within the R-2 Zone shall not inflict upon adjacent prop-e5157 smoke,dirt,dust,glare,odors,steam,vibration,noise,elec-trical interference,or excessive hazard.Noise in the R-2 Zone shallnotexceedthestandardssetforthinChapter8.18 of the Moses LakeMunicipalCodeentitled"Noise Control."
18.19.240 Building Heights:No building or structure shall exceed thirty feet(30')in height.
ORD.1122,Page 6
18.19.250 Performance Standards Residential Structures:Exclusive of manufac-tured homeslocated in manufactured home parks which shall be incompliancewithChapter18.63 of this code entitled "Mobile (Manufac-tured)Home Parks."
A.Manufactured Homes:
1.Each manufactured home shall be installed with a preimetermasonryorconcretefoundation.
2.All manufactured homes shall be set up in accordance with themanufacturer's specifications and as required by the BuildingOfficial.
3.Wheels and tongue of manufactured homes shall be removedexceptthatthisrequirementshallnotapplytomanufacturedhomeslocatedinmanufacturedhomeparks.
B.Minimum Roof Pitch:Residential structures shall have a pitchedrooforthepitchofthemainroofshallbenotlessthantwoinches(2")of rise for each twelve inches (12")of horizontal
run.
C.MinimumWidth:The minimum width of the main portion of thestructureshallbenotlessthantwentyfeet(20')as measuredacrossthenarrowestportion.
D.Roof Construction:Roof construction shall be of non-reflectivematerials.
E.Wheels and Tongue:Wheels and tongue of all manufactured homesnotlocatedinmanufacturedhomeparksshallberemoved.
F.Insignia Requirement:All mobile/manufactured homes not estab-lished as a permanent residence within the city prior to theeffectivedateofthisordinanceshallbeartheinsigniaof ap-proval by the State of Washington or the U.S.Department ofHousingandUrbanDevelopmentindicatingcompliancewiththe 1974NationalMobileHomeConstructionandSafetyAct(effective June15,1976).
18.19.260 Variances:A variance of the bulk regulations and performance stand-ards of this chapter may be obtained through the Zoning Board ofAdjustmentincompliancewiththeprovisionsofChapter18.78 entitled"Zoning Board of Adjustment."
18.19.270 Violation:
A.Upon occurrance of a violation of the provisions of this chapter,the Building Official shall notify the responsible person repre-senting the use in violation that a violation of this chapterexists.Such notice shall be in writing,identify the violation,and specify the time within which the prescribed action to correcttheviolationmustbetaken.The person in violation shall have
not less than seven (7)days from the issuance of the notice tocorrecttheviolation,unless,in the opinion of the BuildingOfficial,there is imminent peril to property and/or to the publichealth,safety,or general welfare in which case the violationshallbecorrectedimmediately.
B.Upon the failure,neglect,or refusal of any person so notified tocorrectaviolationofthischapter,the Building Official shallissueacivilinfractionnotice.
C.Any violation of the provisions of this chapter shall be punish-able as defined in Chapter 1.08 of the Moses Lake Municipal Code.
ORD.1122,Page 1
18.19.280 Severability:If any provision of this ordinance or its applicationtoanypersonorcircumstanceisheldinvalid,the remainder of theordinanceortheapplicationoftheprovisionstotheotherpersons orcircumstancesshallnotbeaffected.
Section 3.This ordinance shall take effect and be in force five (5)days after
its passage and publication as required by law.
Adopted by the City Council and signed by its Mayor on December 13,1983.
ATTEST:
City Clerk
D AS TOF
2î ty Attorney
Publ ished:12/26/83
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