Loading...
1180_00001O ORDINANCENO.1180 ANORDINANCEESTABLISHINGCHAPTER18.28 OF THEMOSESLAKE MUNICIPALCODEENTITLED"C-1,CENTRALBUSINESSDISTRICT ZONE" THE CITYCOUNCILOF THE CITY OF MOSESLAKE;WASHINGTONDOORDAINAS FOLLOWS: Section 1.Chapter 18.28 of the Moses Lake Municipal Code entitled "C-1 Cen- traE Business District Zone,"is hereby established as follows:I 18.28.010 Purpose:The C-1 Central Business District,Zone is intended toprovideforavarietyofretailbusinessusesandservicesandto preserve land for such uses. 18.28.020 Permitted Uses:Hereafter in the C-1 Zone the use of any build- ing,structure;or land is permitted in compliance with the per- formance standards,the bulk regulations and the requirements of this chapter.No land shall be used and no building or structure shall be erected,altered;or enlarged which is not in compliance with the performance standards;the bulk regulations,and the re-quirements of this chapter.All uses shall comply fully with therequirementsofthischapterasapre-condition of being permitted in the C-1 Zone. 18.28.030 Examples of Permitted Uses:The following specific and generally described uses are listed as examples of the t.ypes of uses that may be located in the C-1 zone.The list is not all inclusive. A.Retail uses B.Governmental offices CD PS o i n 1 offices E.Cultural,recreational;and entertainment uses F.Lodging;assembly and food services G.Planned development districts H.Essential public services and utilities including buildings and structures I..Accessory uses appurtenant to any primary uses and not other-wise prohibited. J.Banking and financial services 18.28.040 Conditional Uses:The following specific and generally described uses shall be permitted in the C-1 Zone only as a conditional usesubjecttotheapprovalofthePlanningCommissionincompliance with the provisions of this chapter and Chapter 18.57 of this ti- tle entitled "Conditional and Unmentioned Uses." A.Churches i B.Schools C.Hospitals D.Gasoline stations E.Any permitted development over two (2)acres in size F.Open sale lots G.Temporary or seasonal uses exceeding seven (7)days in duration -1 - H.Keeping of livestock poultry,rabbits,or bees I.Bulk storage of hazardous;combustible,or explosive substances J.Any commercial use not on city sanitary sewer. K.Other unmentioned uses ruled by the Planning Commission to be a conditional use or uses permitted by specific provision of this chapter as a conditional use. L.Residential Uses 18.28.050 Prohibited Uses:The following uses shall be prohibited in the C- 1 Lone: A.Any use which does not or is not capable of conforming with the requirements of this chapter. B.Public nuisances as defined by Moses Lake Municipal Code Sec- tion 18.06.485 C.Industrial uses D.Outside storage;collection;or dumping of dismantled,partly dismantled,or wrecked vehicles trailers machinery,ortheirparts. E.Outside storage or collection of any junk,scrap;garbage, unsightly material,or debris except as may be contained in an approved garbage collection container or as may be en-closed within a sight obscuring fence or screen subject toPlanningCommissionapprovalasaconditionaluse. F.Abandoned structures or buildings in a state of disrepair. G.Removal of soil or other natural materials for the purpose of sale or use as fill material,except that excavation for the purpose of construction or landscaping is permitted. H.Occupancy of trailers or recreational vehicles I.Warehouses not connected to a retail outlet J.Wrecking yards,salvage yards,or junk yards K.Mobile home parks or recreational vehicle parks 18.28.060 Performance Standards:Uses within the C-1 Zone shall not inflict upon adaacent property smoke;dust,dirt,glare,odors,steam, vibration,electrical interference;excessive hazard or noise which exceeds the maximumpermissible limits as herein defined. A.Air Quality:Emissions from combustion and incineration, emissions from sources emitting hazardous air pollutants,and emissions of suspended particles or fugitive dust shall not exceed the standards set forth in Chapter 173.400 WAC; General Regulations for Air Pollution.Where such emissions could be produced as a result of accident or equipment mal- function,safeguards standard for safe operation in the in- dustry shall be taken.Polluted air streams shall be treated with the best available control technology. B.Heat,Glare,and Humidity (Steam):Any activity producing humidity in the form of steam or moist air,or producing heat or glare shall be carried on in such a manner that the heat, glare,or humidity is not perceptible at or beyond the prop- erty line.Artificial lighting shall be hooded or shaded so that direct light of high intensity lamps will not result in objectionable glare. -2 - C.Odors:Any use producing odors shall be carried on in such a manner that offensive or obnoxious odors shall not be percep-tible at or beyond the property line. D.Vibration:Every use shall be so operated that the ground vibration inherently and recurrently generated from equipment other than vehicles is not perceptible without instruments at any point beyond the property line. E.Electrical Interference:Provisions must be made for neces-I sary shielding or other preventative measures against inter- ference caused by mechanical,electrical,or nuclear equip- ment,uses,or processes with electrical apparatus in nearby buildings or use areas. F.Noise:Noise within the C-1 Zone must not exceed the maximum permissible noise levels set forth in WAC173-60.040 and this chapter as measured at the property line of the noise source. MaximumPermissible Environmental Noise Levels Noise Source Property Receiving Noise by Lone Residential Commercial Industrial Commercial Zone 57 dBA*60 dBA 65 dBA *Between the hours of 10 p.m.and 7 a.m.,the noise limita- tions of the foregoing table shall be reduced by 10 dBAfor residential receiving property. I At any time of the day or night the applicable noise limita- tions may be exceeded for any receiving propert.y by no more than: 1.5 dBA for a total of 15 minutes in any one hour period. 2.10 dBA for a total of 5 minutes in any one hour period. 3.15 dBA for a total of 1.5 minutes in any one hour period. Exemptions to the maximum permissible noise level cited in this chapter shall be as enumerated in WAC173-60-050,Maxi- mumEnvironmental Noise Levels Exemptions. 18.28.070 Fire and Explosive Hazard:The manufacture,use,processing,orstorageofflammableliquids,gases,or solids shall be in com-pliance with the Uniform Fire Code and the Uniform Building Code. 18.28.080 Health Regulations:All uses must be in compliance with all cur-rent health regulations. 18.28.090 Environmental Review:Environmental information shall be prepared and submitted in accordance with the guidelines established under i the State Environmental Policy Act of 1971,as amended,and the Moses Lake Municipal Code,as amended. 18.28.100 Community Street and Utility Standards and City Design Standards: Uses in the U-1 Lone must be in compliance with the City Community Street and Utility Standards and City Design Standards in effect at the time of issuance of a building permit except that enlarge- ment,alteration,replacement,or repair must be to current city standards. 18.28.110 Lot Design Standards:Lots in the C-1 Zone shall be subdivided in compliance with the requirements of this chapter and Chapter 17.28 of this title entitled "Design Standards." -3 - 18.28.120 UBC;UFCIUMC,and UPCCode Requirements:All uses in the C-1 2one must be in compliance with the applicable requirements of theUniformBuildingCode,the Uniform Fire Code,the Uniform Mechani- cal Code;and the Uniform Plumbing Code. 18.28.130 Containment Within a Structure:All commercial and business ac-tivity including storage and merchandise display must be conducted within an enclosed building. Except that:Daily open merchandise display is permitted on pri- vate propert.y when conducted in conjunction with the principal operation which is in an enclosed adjoining building provided that such merchandise is taken in and stored in an enclosed building at the close of each business day and that the display shall not interfere with parking,traffic,or pedestrian movement. Except that:Open sales lots may be permitted by the Planning Commission as a conditional use when conducted in conjunction with the principal uses which must be in an enclosed adjoining building. 18.28.140 Outdoor Uses:The following outdoor uses are specifically permit- ted in compliance with the requirements of this chapter. A.Service Station Pumps -gas pumps shall be set back twenty-five feet (25')from property lines B.Parks and playgrounds C.Outdoor recreational,entertainment,or amusement facilities D.Essential public services and utilities including buildings and structures E.Sidewalk sales F.Street vendors G.Festivals or other outdoor celebrations H.Other unmentioned uses ruled by the Planning commissionto be similar to and compatible with the specified permitted out- door activities or uses. 18.28.150 Fences,Walls,and Screening Plantings:Fences,walls,and screening plantings not exceeding eight feet (8')in height may be permitted subject to the requirements of this section.All fen- ces,walls,or screening plantings will require a special permit to be issued by the Building Official prior to construction orinstallation.Electric and barbed wire fences are prohibited. Security fences containing barbed wire may be permitted subject toreviewbytheBuildingOfficialregardingthesafetyofsucha fence.All applications for permits to construct or install fen- ces,walls,or screening plantings shall be reviewed by the city Building Official and city Traffic Engineer for vehicular and pedestrian safety. 18.28.160 Buffer Strips:Site plan review by the Planning Commission will be required for any contiguous commercial and residential develop- ment.Buffer strips may be required by the Planning Commission to separate developed contiguous commercial and residential uses from each other in order to eliminate nuisances.Buffer strips shall be in compliance with the city landscape plan or installed as ap- proved by the Parks and Recreation Director.The Planning Commis- sion may allow or require screening fences,walls,plantings,orbermsoranycombinationthereof. 18.28.170 Vehicular Movement: A.Vehicular movementand parking shall be consistent with the existing pattern of vehicular movementand parking.Streets shall be in compliance with city Design Standards. -4 - B.Vehicle movement and parking generated from new developments shall not exceed the design capacity of collector or minor streets. C.The City Engineer may impose special standards on curb cuts in areas where curb cuts could cause traffic or safet)problems. 18.28.180 Vehicle Maintenance on City Right-of-Way:There shall be no main- tenance of vehicles on city right-of-way.Oil and gasoline shallinotbedumpedonpavedcitystreetsorintocatchbasinsorstorm sewers. 18.28.190 Landscaping:No requirement 18.28.200 Lot Size:No minimum or maximumlot size requirement except that new subdivision lots shall be in compliance with Chapter 17.28 ofthistitleentitled"Design Standards." 18.28.210 Setback Requirement:No setbacks are required other than those required by the Uniform Building Code and the Uniform Fire Code. 18.28.220 Maintenance of Lots:Lots in the C-1 Zone shall be maintained so as to not create a tire hazard and shall be free of litter,de- bris,garbage,unsightly material or weeds. 18.28.230 Maintenance of City Right-of-Way:The property owner shall be responsible for the maintenance of city right-of-way from the back side of the curb. 18.28.240 Building Height:No building or structure shall be erected orenlargedtoexceedthree(3)stories or fifty feet (50')in height except that the Planning Commission may allow buildings or struc- tures to be erected to an additional height after a public hearing i and examination of the location and upon due proof to the satis- faction of the Commission that the additional height will not be detrimental. 18.28.250 Structures Over Easements or Right-of-Way:No building or struc- ture shall be constructed or placed over dedicated right-of-way or over a public easement.This section shall not be construed toprohibitpermittedsignage.Awnings may project over city side- walk when attached to buildings sited on property line and front- ing on a city street subject to review and approval by the Build- ing Official. 18.28.260 Off-Street Parking and Loading:Off-street parking and loading areas will be in compliance with Chapter 18.54 of this title. 18.28.270 Signs and Billboards:Signs and billboards shall be in compliance with Chapter 18.6/of this title. 18.28.280 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 use relying on the shoreline for such use shall conform with the city's shoreline Management Master Plan. I 18.28.290 Storm Water and Drainage: A.Each use shall provide for approved on-site or off-sitedetentionorcontrolofexcessstormwaterrunoffordrainageresultingfromtheuse.No use shall cause down stream property owners to receive storm water run off at ahigherpeakflowthanwouldhaveresultedfromthesameeventhadtheuseorimprovementnotbeenpresent. B.Storm water run off or drainage shall be controlled and con-tained on-site except where adequate off-site storm drainage systems are available.Storm water run off and/or drainage resulting from a use must be controlled so that water will -5 - not flow on to a public sidewalk or on to adjacent property. Drainage into city storm sewer or onto a city street must be approved by the Cit.y Engineer. 18.28.300 Variances:A variance of the bulk regulations and performance standards of this chapter may be obtained through the Zoning Board of Adjustment in compliance with the provisions of Chapter 18.78 of this title entitled "Zoning Board of Adjustment." 18.28.310 Interpretation and Rulings:Recognizing that there may be ambigu- ities in any ordinance and that it may be necessary to obtain aninterpretationorarulingregardingintentinterpretationordefinitionorarulingastowhetherornotausemaybepermitted in the C-1 Zone,the Zoning Administrator may forward a request to the Planning Commission for an interpretation or a ruling regard- ing the application of the provisions of this chapter to any ex-isting or proposed use. 18.28.320 Appeals:Any decision made by any administrator,officer;board, or commission in carrying out the provisions of this title may be appealed as provided for in Chapter 18.75 of the Moses Lake Municipal Code. 18.28.330 Zoning Certificate and Site Plan Review:No development permitted by this ordinance may be established and no land shall be used and no building or structure shall be erected,altered,or enlarged with respect to its use after the effective date of this ordinance until a zoning certificate has been secured form the Zoning Ad- ministrator certifying that the use in question or as proposed is in compliance with the requirements of this chapter. A comprehensive site plan review will be required as a precondi- tion to the issuance of a zoning certificate.The Zoning Ad- ministrator will review and approve or disapprove all site plans to ensure compliance with the requirements of this chapter.Ex- cept that;the Planning Commission shall review and approve ordisapproveallsiteplansofdevelopmentwhichexceed12;000 square feet in gross floor and/or land area and all site plan for developments that are contiguous to a residential zone. All applications for a zoning certificate and site plan review shall be on forms as prescribed by the Zoning Administrator and shall be filed with the Zoning Administrator. An application for a zoning certificate and site plan review shall be processed simultaneously with applications for rezones varian- ces;planned development districts;plats;shoreline permits and other approvals and similar quasi judicial or administrative ac-tions to the extent that procedural requirements applicable to these actions permit simultaneous processing. 18.28.340 Issuance of a Business License or a Certificate of Occupancy:No certificate of occupancy or business license may be issued by the city until the premises in question have been inspected and found by the Building Official to be in compliance with the provisions and requirements of this chapter as specified in the zoning certificate. 18.28.350 Non-Conforming Uses:Any land use,structure;lot of record or sign which was legally established prior to the effective date of this ordinance or subsequent amendment to it and which could not be permitted to be established as a new use in a zone in which it is located by the regulations of this ordinance,may be permitted to continue as a legal non-conforming use in compliance with Chap- ter 18.69 of this title entitled "Non-Conforming Uses." 18.28.360 Violation: A.Upon occurrence of a violation of the provisions of this chapter,the Building Official shall notify the responsible person representing the use in violation that a violation of -6 - this chapter exists.Such notice shall be in writing;iden-tify the violation,and specify the time within which theprescribedactiontocorrecttheviolationmustbetaken.The person in violation shall have not less than seven (7)days from the issuance of the notice to correct the viola-tion;unless,in the opinion of the Building Official,thereisimminentperiltopropertyand/or to the public health;safety,or general welfare in which case the violation shallbecorrectedimmediately. I B.Upon the failure;neglect or refusal of any person sonotifiedtocorrectaviolationofthischapter,the BuildingOfficialshallissueacivilinfractionnotice. C.Any violation of the provisions of this chapter shall bepunishableasdefinedinChapter1.08 of the Moses LakeMunicipalCode. D.Where determination of violations can be made by the BuildingOfficialusingequipmentnormallyavailabletothecityorobtainedwithoutextraordinaryexpense;such determinationshallbesomadebeforeanoticeofviolationissued.Wheretechnicalcomplexityorextraordinaryexpensemakeitunrea-sonable for the cit.y to maintain the personnel or equipmentnecessarytomakethedeterminationofviolationthenthecityshallcallinproperlyqualifiedexpertstomakethedeterminationofviolation.If expert findings indicate aviolation,the cost of the determination shall be assessedagainstthepropertiesorpersonsresponsiblefortheviola-tion in addition to other penalties prescribed by this chap-ter.If no violation is found;cost of the determinationshallbepaidentirelybythecit.y. 18.28.370 Severability:If any provision of this ordinance or its applica-i 'tion to any person or circumstance is held invalid the remainderoftheordinanceortheapplicationoftheprovisionstoother persons or circumstances shall not be affected. Section 2.This ordinance shall take effect and be in force five (5)daysafteritspassageandpublicationasprovidedbylaw. Adopted by the City Council and signed by its Mayor on July 23 1985 A T: City Clerk APPR D AS TO FORM: I ty Attorney Publish:July 31,1985 -7 -