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1315_00001ORDINANCENO.1316 AN DRDINANCEREPEALINGCHAPTER18.63 DF THE MOSESLAKEMUNICIPALCODEENTITLED"MOBILEHOMEPARKS"ANDCREATINGANEWCHAPTER18.65 DF THEMOSESLAKEMUNICIPALCDDEENTITLED"MANUFACTUREDHOMEPARKS" THE CITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTON00 ORDAINAS FOLLOWS: I Section 1 Chapter 18.63 of the Moses Lake Municipal Code entitled "Mobile Home Parkf"is repealed in its entirety. Section 2.Chapter 18.65 of the Moses Lake Municipal Code entitled "Manufac-tured Home Parks"is created as follows: 18.65.010 Intent:The purpose of this ordinance is to provide a means fortheestablishmentandoperationofmanufacturedhomeparkswithin the City of Moses Lake;to ensure a suitable living environment for owners of manufactured homes located within manufactured homeparks;and,to establish standards to promote the health,safety,and general welfare. 18.65.020 Binding Site Plan:Manufactured home parks shall be established pursuant to the provisions of this chapter and Chapter 17.26 of theMosesLakeMunicipalCodeentitled"Binding Site Plan". 18.65.030 Permitted Uses and General Requirements:Subject to the provisionsofthischapter,the following uses are permitted in a manufactured home park A.Manufactured home units. B.Additions to manufactured home units. I C.Accessory structures or buildings. D.Recreational facilities located within the manufactured homeparkandintendedsolelyfortheuseoftheresidentsortheresidentsguests. E.Bulk storage areas for materials and equipment owned by resi-dents and located within the manufactured home park andlimitedtousebytheresidents. F.Buildings and structures necessary for the operation of apublicutility. G.Home occupations as subject to the conditions of the underly- ing zone and the requirements of this title. H.No space shall be rented or leased within a manufactured homeparkexceptforamanufacturedhomeunit. I.The sale of manufactured home spaces within a manufacturedhomeparkisprohibited.Manufactured home park Binding SitePlansshallnotauthorizethesaleortransferofownershipof a space or spaces within a manufactured home park. I-J.No person,company,or corporation shall establish a new man-ufactured home park without first complying with the provi-sions and standards of this chapter and obtaining all neces-sary permits and approval. 18.65.040 Manufactured Home Parks -Where Permitted:Manufactured home parks are permitted in the R-2,Single Family and Two Family ResidentialZone,the R-3,Multi-family Residential Zone,and the C-2,GeneralCommercialandBusinessZone,as a conditional use subject to re-view and approval of the Planning Commission and in compliance withthestandardsandrequirementsofthischapterandthestandardsoftheunderlyingzone.The standards and requirements of this chap-ter,shall supersede the standards and requirements of the underly-ing zone -1 - 18.65.050 Prohibited Uses:Any use not expressly permitted outright or as aconditionaluseinthischaptershallbeprohibited,including but not limited to the following examples. A.Commercial uses except as provided in this chapter. B.Industrial uses. C.Keeping of livestock,poultry,rabbits,or bees. D.Occupancy of recreational vehicles E.Public nuisances as defined in this title. F.Outside storage ,collection,or dumping of dismantled,partly dismantled,or wrecked vehicles,trailers,machinery or theirparts. G.Outside storage or collection of any junk,scrap,garbage, unsightly material,litter,or debris. H.Abandoned sheds or buildings in a state of disrepair. I.Any use which does not or is not capable of conforming with the requirements of this chapter. 18.65.060 Density:Manufactured home parks shall be developed at a density of not more than ten (10)dwelling units per acre. 18.65.070 Park Size:There shall be no minimum or maximum required manufac- tured home park size. 18.65.080 Setbacks and Separations:Setbacks and separations in the manufac- tured home park shall be as follows: A.Set Backs: 1.The set back from a private road shall be ten feet (10')- exclusive of hitches or towing devices. 2.The set backs from a public right-of-way shall be fifteen feet (15'). 3.The set back from the exterior park boundary not abutting upon a pubic right-of-way shall be ten feet (10').Ex- cept that separate accessory buildings or structures at- tendant to a manufactured home unit may be located not closer than five feet (5')from the exterior property line of a manufactured home park not abutting upon apublicright-of-way. 4.Attached or free standing additions to a manufactured home unit including carports,awnings,storage rooms,habitable rooms,and other similar structures or build- ings shall be considered to be a part of the manufactured home unit for set back purposes. 5.Open stairs,decks,and landings no higher than the floor level of the manufactured home unit may encroach towithinfivefeet(5')of a private road,public right-of- way,or from the exterior park boundary. B.Separations: 1.Manufactured home units having a minimum 2 x 4 stud and sheet rock exterior wall construction or equal fire resistive wall construction shall maintain a minimum tenfoot(10')separation from one manufactured home unit toanothermanufacturedhomeunitofsimilarconstruction. Manufactured home units of lesser fire resistive exterior wall construction shall maintain a twenty foot (20')separation from one manufactured home unit to another manufactured homeginit. 2.Attached or free standing additions attendant to a man-ufactured home including stairs,decks,landings,awnings,carports,storage rooms,habitable rooms,andotherstructuresorbuildingsshallbeconsideredtobe apartofthemanufacturedhomeforseparationpurposes. 3.Separate accessory buildings or structures shall not belocatedcloserthanthreefeet(3')from its attendant manufactured home or additions except as may be permittedbytheUniformBuildingCode.I 4.Separate accessory buildings or structures attendant toonemanufacturedhomeunitshallnotbelocatedcloserthansixfeet(6')from another manufactured home unitanditsattendantadditionsoraccessorybuildingsorstructures. 18.65.090 Walkways:The manufactured home park shall contain designated hardsurfacepedestrianwalkwaystoandfromallserviceandrecreationfacilities;and between locations where pedestrian traffic might interfere with vehicular traffic. 18.65.100 Screening:The manufactured home park shall be enclosed on allsideswithapermanentlymaintainedsightobscuringfence,wall,berm,or combination thereof six feet (6')in height and taperingtoamaximumoffourfeet(4')in height at the park entrances asapprovedbytheCityEngineertoensureadequatesightdistance. 18.65.110 Landscaping and Park Maintenance:All areas within the boundariesofthemanufacturedhomeparkshallbelandscaped.All natural andartificialbarriers,driveways,lawns,trees,landscaping,build-ings,occupied and unoccupied manufactured home spaces,recreation areas,and open spaces shall be continually maintained.The man-ufactured home park landscaping plan shall be reviewed by the Parks and Recreation Director.The Parks and Recreation Director shallimakearecommendationtothePlanningCommissionandtotheman-ufactured home park owner/developer.The landscaping element ofthebindingsiteplanshallbereviewedandapprovedbythePlan-ning Commission.Landscaping shall be defined as the addition of lawns,trees,plants,shrubs,and other natural and decorative fea-tures to the land.A permanent irrigation system shall be in- stalled and maintained for planted commonareas. 18.65.120 Space Numbering:Every manufactured home space shall be identifiedwithanindividualnumberinlogicalsequencewhichisuniformly located and clearly visible from the private street and so shown ontheofficialbindingsiteplan. 18.65.130 Signs:Signs identifying the manufactured home park shall conformtotheapplicablesignordinance. 18.65.140 Parking Requirements: A.There shall be provided and maintained on each manufacturedhomespaceatleasttwo(2)parking spaces.Each parking space shall contain a minimum area of one hundred eighty (180)square feet with a minimum width of nine feet (9')and minimumlengthoftwentyfeet(20'). I B.In addition to occupant parking,guest parking shall be pro-vided within the manufactured home park at a ratio of not lessthan.25 parking spaces for each manufactured home space.Such parking shall be hard surfaced and reserved solely for guest parking.Such parking shall be conveniently arrangedthroughoutthemanufacturedhomeparkorprovidedinparkinglanes. 18.65.150 Utility Requirements: A.All manufactured home parks shall provide permanent electri-cal,water,and sewage disposal connections to each manufac-tured home in accordance with the applicable federal,state,and local regulations.All sewage and wastewater shall bedischargedintoapublicsanitarysewersystem. -3 - B.All water,sewer,electrical,communication,and natural gas lines shall be installed underground except for access ter-minals and shall be approved by the agency or jurisdiction providing the service.Public utility shut off valves, meters,and regulators shall not be located beneath manufac- tured home units,additions,or accessory buildings orstructures. 18.65.160 CommonOpen Space:A minimumof four hundred thirty-five (435) square feet per manufactured home unit shall be set aside and main- tained as commonopen space for the manufactured home park.Such space and location shall be accessible and usable by all residents of the park.Parking space(s),driveways,storage areas,and pri- vate streets are not considered to be usable open space.The open space shall be of such grade and surface suitable for active or passive recreation.The following minimum ground area per manufac- tured home unit shall not be included as commonopen space: A.Single wide -3,200 square feet B.Double wide -4,300 square feet C.Triple wide -5,400 square feet Deviation from the commonopen space requirements of this section may be permitted by the Planning Commission as a conditional use in compliance with Moses Lake Municipal Code Chapter 18.51,entitled "Conditional and Unmentioned Uses,"and the provisions of this chapter. 18.65.170 Building Height:No building or structure shall exceed thirty feet (30')in height. 18.65.180 Structures Over Public Easements or Right-of-Way:No building or structure shall be placed or constructed over a public easement or over dedicated right-of-way,except that fences may be placed over a public easement to the city subject to permission from the City of Moses Lake. 18.65.190 Use Impacts:Uses within a manufactured home park shall not in- flict upon adjacent property or upon adjacent manufactured home units smoke,dust,glare,odor,vibration,noise,electrical inter- ference,or excessive hazard.Noise in a manufactured home park shall not exceed the standards set forth in Chapter 8.23 of the Moses Lake Municipal Code. 18.65.200 Storage Area:A bulk storage area shall be provided for the storage of materials and equipment owned by the residents of the manufactured home park.A minimum of three hundred square feet (300')of space exclusive of driveways shall be provided for every ten (10)manufactured home units.Bulk storage areas shall be con- tained within the manufactured home park.Access to the storage area shall be through the manufactured home park.Access to the storage area shall not be onto a public street.A six foot (6') high sight obscuring fence shall be erected and maintained around the perimeter of the storage area.The requirements of this sec- tion shall be waived when the manufactured home park developer/ awner agrees to prohibit storage of such items in the manufactured home park and such prohibition is inscribed on the face of the binding site plan. 18.65.210 Drainage and Storm Water Control:Storm water run off or drainage shall be controlled and contained on-site except where adequate off-site storm water drainage systems are available.Storm water runoff and/or drainage resulting from the manufactured home park must be controlled so that water will not flow onto a public side- walk or onto adjacent property except whenwater flows in a natural course from one property to another.Drainage into a city street gutter must be approved by the City Engineer.Manufactured home parks shall provide for on-site or off-site detention or control of excess storm water or drainage resulting from the use.The man- ufactured home park shall not cause down stream property owners to -4 - receive storm water run off at a higher peak flow than would haveresultedfromthesameeventhadtheuseorimprovementnotbeenpresent. 18.65.220 Roads and Streets: A.All interior roads for manufactured home parks shall be pri-vate roads.All private roads shall be designed and main- I tained to carry emergency vehicles. B.Private road access to the manufactured home park shall beconsistentwiththeexistingpatternofvehicularmovement andparkingonpublicstreets. C.Public streets shall be constructed to City design standardscurrentatthetimeofconstruction. D.Vehicular movement,parking,and private streets shall be incompliancewiththeapprovedbindingsiteplan. E.Vehicular movement and parking generated from a new manufac-tured home park shall not exceed the design capacity of publiccollectororpublicminorstreetsservingthenewdevelopment. F.There must be vehicular and pedestrian access from a dedicatedandimprovedpublicstreet(s)to the manufactured home park. G.Private roads and parking lanes shall have hard surface depths as proposed by a licensed engineer and approved by the CityEngineer. H.Park roads and parking lanes shall have widths as follows: 1.One way roads shall be a minimum of twenty-twofeet (22')i in width. 2.Twoway roads shall be a minimum of thirty feet (30')inwidth. 3.Parking lanes shall be a minimum of ten feet (10')inwidth. I.Parking lanes shall be hard surfaced. J.A cul de sac turn around shall have a minimum pavement width of twenty feet (20')and a minimum diameter of fifty feet(50'),exclusive of any parking area. 18.65.230 Skirting:All manufactured homes shall have compatible foundationfasciaoffireandweatherresistantmaterial,which must be con-tinually maintained. 18.65.240 Lighting:Dutdoor lighting shall be provided to adequately illumi-nate internal streets and pedestrian walkways.Lights shall besizedanddirectedtoavoidadverseimpactfromglareonadjacentproperty. 18.65.250 Additions and Separate Accessary Buildings or Structures:I A.Additions to manufactured home units and separate accessorybuildingsorstructuresshallbeconstructedincompliancewiththestandardsspecifiedbylocalcodesincludingthe Uni-form Building Code,the Uniform Mechanical Code,the UniformPlumbingCode,the Uniform Fire Code,and the requirements oftheDepartmentofLaborandIndustriesasmaybeapplicable. B.Additions and accessory buildings or structures shall maintainthesetbackandseparationrequirementsofthischapter. C.Additions or accessory structures shall not exceed sixteenfeet(16')in height. -5 - 18.65.260 Satellite Receiving Antennas:Satellite receiving antennas shall be sited in compliance with the set back and separation standards of this chapter. 18,65.270 Shoreline Areas:All property developed within two hundred feet(200')of the high water mark of Moses Lake or its associated wet- lands as defined by the city's Shoreline Management Master Plan, and any uses relying on the shoreline for such use,shall conform with the city's Shoreline Management Master Plan. 18.65.280 Park Administration:The owner and/or authorized operator of themanufacturedhomeparkshallberesponsibleforensuringthemain- tenance of the manufactured home park and compliance with the pro-visions of this chapter. 18.65.290 Permit:Prior to the location,relocation,establishment,or ini- tial occupancy of any manufactured home,the manufactured home owner or authorized representative shall obtain a set up permit from the Building Division of the Municipal Services Department, Application for the permit shall be on forms prescribed and fur- nished by the Building Division.The permit fee shall be es-tablished by the Building Division.Each permit issued by theBuildingDivisionshallbevaliduntilthemanufacturedhomeis moved to another location. 18.65.300 Set Up:All manufactured homes shall be set up in accordance with the manufactures specifications and as required by the building official in accordance with any applicable federal,state,or local regulations. 18.65.310 Insignia Requirement:All manufactured homes not established as aresidencewithinthecitypriortotheeffectivedateofthisor-dinance shall bear the insignia of approval by the State of Washington or the U.S.Department of Housing and Urban Development indicating compliance with the 1974 National Mobile Home Construc- tion Safety Act. 18.65.320 Variances: A.Zoning:A variance of the bulk standards,the performance standards,and the dimensional standards of this chapter may be obtained through the Zoning Board of Adjustment in com-pliance with the provisions of Chapter 18.78 of the Moses Lake Municipal Code entitled,"Zoning Board of Adjustment". B.Design:A variance of the city design standards or of the requirements of Chapter 17.26 of the Moses Lake Municipal Code entitled "Binding Site Plan"may be obtained in compliance with Moses Lake Municipal Code Chapter 17.40 entitled "Variances". 18.65.330 Interpretations and Rulings:Recognizing that there may be ambi- guities in any ordinance and that it may be necessary to obtain aninterpretationorrulingregardingintent,interpretation,or defi- nition,the Zoning Administrator may forward a request to the Plan- ning Commission for an interpretation or ruling regarding the ap- plication of the provisions of this chapter to any existing or pro- posed use. 18.65.340 Appeals:Any decision made by any administrator,officer,board, or commission in carrying out the provisions of this chapter may be appealed as provided for in Chapter 18.65 of the Moses Lake Municipal Code. 18.65.350 Issuance of a Business License or a certificate of Occupancy:No certificate of occupancy or business license may be issued by the city for new development until the premises have been inspected by the Building Official and found to be in compliance with the provi- sions and requirements of this chapter. -6 - 18.65.360 Non-Conforming Use:Any land use,structure,lot of record or signwhichwaslegallyestablishedpriortotheeffectivedateofthisordinanceorsubsequentamendmenttoitandwhichcouldnotbeper-mitted to be established as a new use in a zone in which it is lo-cated by the regulations of this ordinance,may be permitted tocontinueasalegalnon-conforming use in compliance with Chapter18.69 of this title,entitled "Non-Conforming Uses". 18.65.370 Violation:I A.Upon occurrence of a violation of the provisions of this chap-ter,the Building Official shall notify the responsible personrepresentingtheuseinviolationthataviolationofthischapterexists.Such a notice shall be in writing,identify the violation,and specify the time within which the pre-scribed action to correct the violation must be taken.The person in violation shall have not less than seven (7)calen-dar days to correct the violation,unless in the opinion oftheBuildingOfficial,there is imminent peril to the propertyand/or to the public health,safety,or general welfare inwhichcasetheviolationshallbecorrectedimmediately. B.Upon failure,neglect,or refusal of any person so notified tocorrectaviolationofthischapter,the Building Officialshallissueacivilinfractionnotice. C.Any violation of the provisions of this chapter shall bepunishableasdefinedinChapter1.08 of the Moses LakeMunicipalCode. Section 3.This ordinance shall take effect and be in force five (5)days after its passage and publication as provided by law. I Adopted by the City Council and signed by its Mayor on May 10,1988. Mayor ATTET: City Clerk SUMMARYPUBLISHED:May 18,1988 i -7 -