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1181_00001ORDINANCENO.1181 ANORDINANCEESTABLISHINGCHAPTER18.32 OF THE MOSESLAKEMUNICIPALCODEENTITLED"C-2,GENERALCOMMERCIALANDBUSINESSZONE" THECITY COUNCILOF THECITY OF MOSESLAKE;WASHINGTONDOORDAINAS FOLLOWS: Section 1.Chapter 18.32 of the Moses Lake Municipal Code entitled "C-2;General Commercial and Business Zone,"is hereby established as follows:I 18.32.010 Purpose:The C-2;General Commercial and Business Zone;is in-tended to provide for the general commercial and business activityofthecityandtopreservelandforsuchuses. 18.32.020 Permitted Uses:Hereafter in the C-2 Zone the use of any buildingorlandispermittedincompliancewiththeperformancestandards;the bulk regulations,and the requirements of this chapter.Nolandshallbeusedandnobuildingorstructureshallbeerected;altered;or enlarged which is not in compliance with the perfor- mance standards the bulk regulations and the requirements ofthischapter.All uses shall comply fully with the requirementsofthischapterasapre-condition of being permitted in the C-2Zone. 18.32.030 Examples of Permitted Uses:The following specific and generallydescribedusesarelistedasexamplesofthetypesofusesthatmaybelocatedintheC-2 zone.The list is not all inclusive. A.Retail and wholesale uses B.Offices C.Services D.Cultural;recreational;and entertainment uses E.Essential public services and utilities including buildingsandstructures F.Lodging;assembly,and food service G.Planned development districts H.Banking and financial services I.Repair and maintenance J.Storage;warehousing,and distribution K.Light manufacturing when conducted as part of a retail salesoutlet L.Private or public transportation systems M.Accessory uses appurtenant to any primary uses and not other-wise prohibited. I 18.32.040 Conditional Uses:The following specific and generally described uses shall be permitted in the C-2 Zone only as a conditional usesubjecttotheapprovalofthePlanningCommissionincompliancewiththeprovisionsofthischapterandChapter18.57 of this ti-t1e entitled "Conditional and Unmentioned Uses." A.Churches B.Schools C.Hospitals D.Temporary or seasonal uses exceeding 7 days in duration E.Bulk storage of hazardous,combustible or explosivesubstances -1 - F.Manufactured home parks G.Airports,landing strips,heliports;and air transportation facilities H.Recreational vehicle parks I.Keeping of livestock,poultry,rabbits,or bees for commer-cial or private purposes 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 18.32.050 Prohibited Uses:The following uses shall be prohibited in the C-2 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,or their parts. E.Outside storage or collection of any junk,scrap;garbage, unsightly material,or debris except as may be contained in approved garbage collection containers or as may be enclosed within a sight obscuring fence or screen subject to Planning Commission approval as a conditional use. 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 outside of mobile home or recreational vehicle parks I.Wrecking yards,salvage yards,or junk yards 18.32.060 Performance Standards:Uses within the C-2 Zone shall not inflict upon adjacent 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 must 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 amannerthatoffensiveorobnoxiousodorsshallnotbepercep-tible at or beyond the property line. D.Vibration:Every use shall be so operated that the groundvibrationinherentlyandrecurrentlygeneratedfromequipmentotherthanvehiclesisnotperceptiblewithoutinstrumentsat 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 electricall or nuclear equip- ment uses;or processes with electrical apparatus in nearby buildings or use areas. F.Noise:Noise within the C-2 Zone must not exceed the maximumpermissiblenoiselevelssetforthinWAC173-60.040 and thischapterasmeasuredatthepropert.y line of the noise source. MaximumPermissible Environmental Noise Levels Noise Source Property Receiving Noise by Zone 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 property by no morethan: 1.5 dBAfor 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 maximumpermissible noise level cited in this chapter shall be as enumerated in WAC173-60-050;Maxi- mumEnvironmental Noise Levels Exemptions. 18.32.070 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. 18.32.080 Health Regulations:All uses must be in compliance with all cur- rent health regulations. 18.32.090 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. 18.32.100 Community Street and Utility Standards and city Design Standards: Uses in the C-2 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 citystandards. 18.32.110 Lot Design Standards:Lots in the C-2 Zone shall be subdivided incompliancewiththerequirementsofthischapterandChapter17.28 of this title entitled "Design Standards." -3 - 18.32.120 UBC;UFC,UMC;and UPCCode Requirements:All uses in the C-2 Aone must be in compliance with the applicable requirements of the Uniform Building Code,the Uniform Fire Code,the Uniform Mechani- cal Code,and the Uniform Plumbing Code. 18.32.130 Open Sales Lots:Open sales lots and outside display of merchan- dise for sale or rent are permitted in conjunction with the prin- cipal operation which must be located in an enclosed adjoining building provided that such sales and displays are located on pri- vate property and shall not interfere with parking,traffic,orpedestrianmovement. 18.32.140 Outside Storage:Outside storage is permitted when conducted in conjunction with the principal use which is in an enclosed adjoin- ing building. 18.32.150 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 Commission to be similar to and compatible with the specified permitted out- door activities or uses. 18.32.160 Fences;Wallsland Screening Plantings:Fences;walls;and screen-ing plantings not exceeding eight feet (8')in height may be per-mitted subject to the requirements of this section.All fences; walls;or screening plantings will require a special permit to be issued by the Building Official prior to construction or installa- tion.Electric and barbed wire fences are prohibited.Security fences containing barbed wire may be permitted subject to review by the Building Official regarding the safety of such a fence. All applications for permits to construct or install fences, walls or screening plantings shall be reviewed by the city Build- ing Official and city Traffic Engineer for vehicular and pedestrian safety. 18.32.170 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,or berms or any combination thereof. 18.32.180 Vehicular Movement: A.Vehicular movement and parking shall be consistent with the existing pattern of vehicular movement and parking.Streets shall be in compliance with city Design Standards. B.Vehicle movement and parking generated from new developments shall not exceed the design capacit.y of collector or minor streets. -4 - C.The City Engineer may impose special standards on curb cutsinareaswherecurbcutscouldcausetrafficorsafetyproblems. 18.32.190 Vehicle Maintenance on City Right-of-Way:There shall be no main-tenance of vehicles on city right-of-way.Oil and gasoline shall not be dumped on paved city streets or into catch basins or storm sewers. 18.32.200 Landscaping:At least one square foot (1')for each lineal foot of developed front footage shall be landscaped and maintained.I The front footage shall be based on the street address frontageonly.The required landscaping must be installed within one yearofoccupancy.Landscaping shall be defined as the addition oflawns,trees,plants,shrubs,and other natural and decorativefeaturestotheland.The required landscaping must be in com-pliance with the city landscape plan or as approved by the ParksandRecreationDirector. 18.32.210 Lot Size:No minimum or maximum lot size requirement except that new subdivision lots shall be in compliance with Chapter 17.28 ofthistitleentitled"Design Standards." 18.32.220 Setback Requirement:No building or structure shall be erected,altered,enlarged,or relocated so that any portion thereof shallbenearerthepropertylinesthanthedistanceindicatedbythedepthoftherequiredyardsetbackexceptasotherwiseprovidedforinthischapter,the Uniform Fire Code and the Uniform Build-ing Code: Exterior Side Yard Interior Rear ss n 1 acre Fro5nt Corner Lot Side0Yard Yar0d Greater than 1 acre 20'20'0 0 18.32.230 Maintenance of Lots:Lots in the C-2 Zone shall be maintained so as to not create a fire hazard and shall be free of litter,de- bris,garbage,unsightly material or weeds. 18.32.240 Maintenance of City Right-of-Way:The property owner shall be responsible for the maintenance of city right-of-way from the backsideofthecurb. 18.32.250 Building Height:No building or structure shall be erected orenlargedtoexceedthree(3)stories or fifty feet (50')in heightexceptthatthePlanningCommissionma.y allow buildings or struc-tures to be erected to an additional height after a public hearing and examination of the location and upon due proof to the satis-faction of the Commission that the additional height will not be detrimental. 18.32.260 Structures Over Easements or Right-of-Way:No building or struc-ture shall be constructed or placed over dedicated right-of-way orioverapubliceasement.This section shall not be construed toprohibitpermittedsignage.Awnings may project over city side-walk when attached to buildings sited on a propert.y line subjecttoreviewandapprovaloftheBuildingOfficial. 18.32.270 Off-Street Parking and Loading:Off-street parking and loading areas will be in compliance with Chapter 18.54 of this title. 18.32.280 Signs and Billboards:Signs and billboards shall be in compliance with Chapter 18.5/of this title. 18.32.290 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 cit.y's shoreline Management MasterPlan. -5 - 18.32.300 Storm Water and Drainage: A.Each use shall provide for approved on-site or off-site detention or control of excess storm water run off or drainage resulting from the use.No use shall cause down stream property owners to receive storm water run off at a higher peak flow than would have resulted from the same event had the use or improvement not been present. 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 runoff and/or drainage resulting from a use must be controlled so that water will not flow onto a public sidewalk or onto adjacent property. Drainage into a city storm sewer or onto a city street must be approved by the City Engineer. 18.32.310 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." 18.32.320 Interpretation and Rulings:Recognizing that there may be ambigu- ities in any ordinance and that it may be necessary to obtain an interpretation or a ruling regarding intent;interpretation or definition or a ruling as to whether or not a use may be permitted in the C-2 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. 18.32.330 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. 18.32.340 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 or disapprove all site plans of development which exceed 12,000 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 an- dother approvals and similar quasi judicial or administrative ac- tions to the extent that procedural requirements applicable to these actions permit simultaneous processing. 18.32.350 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. 18.32.360 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 amendmentto it and which could notbepermittedtobeestablishedasanewuseinazoneinwhichit -6 - is located by the regulations of this ordinance;may be permittedtocontinueasalegalnon-conforming use in compliance with Chap-ter 18.69 of this title entitled "Non-Conforming Uses." 18.32.370 Violation: A.Upon occurrence of a violation of the provisions of thischapter;the Building Official shall notify the responsiblepersonrepresentingtheuseinviolationthataviolation ofthischapterexists.Such notice shall be in writing;iden-tify the violation;and specify the time within which theiprescribedactiontocorrecttheviolationmustbetaken.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. 8.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 city to maintain the personnel or equipment necessary to make the determination of violation then thecityshallcallinproperlyqualifiedexpertstomakethe i determination of violation.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 determinationshallbepaidentirelybythecity. 18.32.380 Severability:If any provision of this ordinance or its applica-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)daysatteritspassageandpublicationasprovidedbylaw. Adopted by the City Council and signed by its Mayor on July 23,1985 ATTE : Publish:July 31,1985 -7 -