Final 2024 0730 Special Meeting PacketMoses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Tuesday, July 30, 2024
Moses Lake Civic Center – 401 S. Balsam
Joint Meeting with Planning Commission
Special Meeting Agenda
Call to Order – 5:30 p.m.
Development Code Update Study Session
(Continued from 6 meetings in June, and July 2, 16)
Attached edits:
15.100 Administration, pg 2
15.315 BLA and BSP, pg 57
15.605 and 15.630 – child care and home occupation, pg 65
Adjournment
Next Regular Council Meeting is scheduled for August 13, 2024
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
Link to information on the development code update can be found from the homepage cityofml.com.
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Part 15.100 ADMINISTRATION
Chapter 15.105 DEFINITIONS
Chapter 15.110 MEASUREMENTS
Chapter 15.120 GENERAL PROVISIONS
Chapter 15.125 ADMINISTRATIVE CODE INTERPRETATIONS
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Chapter 15.105
DEFINITIONS
Sections:
15.105.001 A Definitions.
15.105.002 B Definitions.
15.105.003 C Definitions.
15.105.004 D Definitions.
15.105.005 E Definitions.
15.105.006 F Definitions.
15.105.007 G Definitions.
15.105.008 H Definitions.
15.105.009 I Definitions.
15.105.010 J Definitions.
15.105.011 K Definitions.
15.105.012 L Definitions.
15.105.013 M Definitions.
15.105.014 N Definitions.
15.105.015 O Definitions.
15.105.016 P Definitions.
15.105.017 Q Definitions.
15.105.018 R Definitions.
15.105.019 S Definitions.
15.105.020 T Definitions.
15.105.021 U Definitions.
15.105.022 V Definitions.
15.105.023 W Definitions.
15.105.024 X Definitions.
15.105.025 Y Definitions.
15.105.026 Z Definitions.
15.105.001 A Definitions.
“Accessory Dwelling Unit” “ADU” means an additional, subordinate dwelling unit on the
same lot which may be attached, detached, or located within the primary residence, for use
as a complete, independent dwelling with permanent provisions for living, sleeping, eating,
cooking, and sanitation. No mobile home or recreational vehicle shall be an accessory
dwelling unit.
“Accessory Dwelling Unit, Attached” means an accessory dwelling unit that is attached to or
part of the principal dwelling. Examples include converted living spaces, basements, attics,
attached garages, additions, or any combination thereof, that also meet the base definition
of an ADU.
“Accessory Dwelling Unit, Detached” means an accessory dwelling unit that is separate and
detached from the principal dwelling that also meets the base definition of an ADU.
Examples include converted garages or new standalone construction.
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“Accessory Use” means a use customarily incidental to and on the same lot as the principal
use of a building or operation, and so necessary or commonly to be expected that it cannot
be supposed that it was intended to be prohibited.
“Accessory Structure” means a detached, subordinate structure, the use of which is clearly
incidental and related to that of the principal structure or use of the land, and which is
located on the same lot as the principal structure.
“Adjoining” means next to, abutting.
“Activity Trail” means trails or paths that are designated for bicycle and pedestrian use.
Activity trails are typically ten feet (10') wide, unobstructed trails, with four feet (4') or more
of clearance on each side, and ten feet (10') of vertical clearance. Activity trails may be
widened sidewalks, designated roadway lanes, or separate trails from sidewalks or streets.
The Activity Trail Master Plan that was adopted by City Council provides guidance on the
construction of activity trails and their locations.
“Additional Work” means all work that is required to finish an incomplete project so that it
is acceptable per the terms of the permit. Costs of additional work include all costs for work
as well as all costs for enforcement actions required to obtain payment for additional work.
“Adjacent Property” means property which is contiguous or touching at any point. Property
which would be contiguous or touching except for the existence of a street, road, or right-
of-way will be considered contiguous or touching.
“Adult Arcade, Adult Panorama Theater, Adult Panorama” means any place to which the
public is permitted or invited and where coin operated or slug operated or electronically,
electrically, or mechanically controlled still or motion picture machines, projectors, or other
image producing devices are maintained to show images to persons in booths or viewing
rooms where the images so displayed depict or describe “specified sexual activities” or
“specified anatomical areas.”
“Adult Cabaret or Adult Entertainment Business” means an establishment to which
customers are invited or permitted access, and which, for consideration of any kind, offers
adult materials to such customers when any live, video, or film materials are displayed to
customers while on the premises. Adult entertainment businesses include, but are not
limited to, any adult mini-theater, adult motion picture theater, adult arcade, or live adult
entertainment establishments.
“Adult Entertainment” means:
1. Any exhibition, performance or dance of any type conducted in a premises where
such exhibition, performance, or dance involves a person who is unclothed or in
such costume, attire, or clothing as to expose any portion of the female breast
below the top of the areola or any portion of the pubic region, anus, buttocks, vulva
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or genitals, or wearing any device or covering exposed to view which simulates the
appearance of any portion of the female breast below the top of the areola or any
portion of the pubic region, anus, buttocks, vulva or genitals, or human male
genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Any exhibition, performance or dance of any type conducted in a premises where
such exhibition, performance or dance is distinguished or characterized by a
predominant emphasis on the depiction, description, simulation, or relation to the
following specified sexual activities:
a. Human genitals in a state of sexual stimulation or arousal,
b. Acts of human masturbation, sexual intercourse or sodomy, or
c. Fondling or other erotic touching of human genitals, pubic region, buttocks or
female breast; or
Any exhibition, performance or dance which is intended to sexually stimulate any
member of the public and which is conducted on a regular basis or as a substantial
part of the premises activity. This includes, but is not limited to, any such exhibition,
performance or dance performed for, arranged with or engaged in with fewer than
all members of the public on the premises at that time, with separate consideration
paid, either directly or indirectly, for such performance, exhibition or dance and
which is commonly referred to as table dancing, couch dancing, taxi dancing, lap
dancing, private dancing or straddle dancing.
“Adult Entertainment Establishment (Live)” means any building or portion of a building to
which any member of the public is invited or admitted and where any employee or
entertainer, on a regular basis or as a substantial part of the premises activity, conducts any
exhibition, performance, or dance of any type which contains:
1. Specified sexual activities;
2. Any display of specified anatomical areas; or
3. Any conduct intended to sexually stimulate any member of the public, including but
not limited to any such exhibition, performance, or dance performed for, arranged
with, or engaged in with fewer than all members of the public on the premises at
that time, with separate consideration paid either directly or indirectly for such
activity, and commonly referred to as table dancing, couch dancing, taxi dancing, lap
dancing, private dancing, or straddle dancing.
“Adult Entertainment Manager” means any person who manages, directs, administers or is
in charge of the affairs and/or conduct of any portion of any activity involving adult
entertainment occurring at any adult cabaret or adult entertainment business, and includes
assistant managers working with or under the direction of a manager to carry out such
purposes.
“Adult Entertainment Operator” means any person applying for or operating, conducting, or
maintaining any adult entertainment business.
“Adult Entertainment Operator Control Person” means all partners, corporate officers and
directors and any other individuals in the Adult Entertainment Operator’s business
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organization who hold a significant interest in the adult entertainment business, based on
the responsibility for management of the adult entertainment business.
“Adult Family Home” means a regular family abode of a person or persons providing
personal care, special care, room, and board to more than one (1) but not more than six (6)
adults who are not related by blood or marriage to the person or persons providing the
services.
“Adult Material” means material, conveyed or communicated by live performance, still
photograph, printed or pictorial matter, motion picture film, slide, video cassette, digital
video disk, recorded graphic or visual imagery, human conduct, or any other medium, which
material is intended to provide sexual stimulation or sexual gratification, and which is
distinguished or characterized by an emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas. “Adult material” also includes any
instrument, device, or paraphernalia designed for use in connection with specified sexual
activities.
“Adult Mini Theater” means an enclosed or drive-in theater used for presenting material
distinguished or characterized by an emphasis on matters depicting, describing or relating to
“specified sexual activities” or “specified anatomical areas” for observation by patrons
therein.
“Adult Motion Picture Theater” means an enclosed or drive-in theater with a capacity of 8 or
more persons used for presenting material distinguished or characterized by an emphasis on
matters depicting, describing, or relating to “specified sexual activities” or “specified
anatomical areas” for observation by patrons therein.
“Adult Panorama Theater or Adult Panorama” means any place to which the public is
permitted or invited and where coin operated or slug operated or electronically, electrically,
or mechanically controlled still or motion picture machines, projectors, or other image
producing devices are maintained to show images to persons in booths or viewing rooms
where the images so displayed depict or describe “specified sexual activities” or “specified
anatomical areas.”
“Adult Entertainment Applicant Control Persons” means all partners, corporate officers and
directors and any other individuals in the Applicant’s business organization who hold a
significant interest in the adult cabaret or adult entertainment business, based on
responsibility for management of the adult cabaret or adult entertainment business.
“Adult Entertainment Cabaret” means any room, place, or space whatsoever in the City in
which any music, singing, dancing, or other similar entertainment is permitted in connection
with any hotel, restaurant, café, club, tavern, eating place, directly selling, serving, or
providing the public, with or without charge, food or liquor. The words “music and
entertainment” as used herein, shall not apply to radios or mechanical devices.
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“Adult Entertainment Employee” means any and all persons, including managers,
entertainers and independent contractors, who work in or at or render any services directly
related to the operation of an adult entertainment business.
“Adult Entertainer” means any person who provides live adult entertainment within an
adult entertainment business as defined herein whether or not a fee is charged or accepted
for entertainment.
“Adult Entertainment, Member of the Public” means any customer, patron, club member, or
person, other than an employee as defined herein, who is invited or admitted to a cabaret.
“Affordable Housing” means housing used as the primary residence of an affordable housing
qualified household. Unless otherwise specified, the price of affordable units is based on
that amount a household can afford to pay for housing, when household income is less than
eighty percent (80%) of the median annual income, adjusted for household size, as
determined by the United States Department of Housing and Urban Development.
“Affordable Housing Unit” means, for the purposes of the MLUDC, housing reserved for
occupancy by eligible households and affordable to households with annual incomes below
eighty percent (80%) of the regional median income, adjusted for household size, and no
more than thirty percent (30%) of the monthly household income is paid for monthly
housing expenses. Housing expenses for ownership housing include mortgage, property
taxes, property insurance, and homeowner dues. Housing expenses for rental housing
include rent and appropriate utility allowance.
“Agricultural/Agriculture Lands” means lands that are not already characterized by urban
growth and are of long-term commercial significance for the commercial production of
horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products, or of
berries, grain, hay, straw, turf, seed, livestock, and Christmas trees not subject to excise tax.
“Airport Approach Surface” means a surface longitudinally centered on the extended
runway centerline, extending outward and upward from the end of the primary surface and
at the same slope as the approach zone height limitation slope. In plan the perimeter of the
approach surface coincides with the perimeter of the approach zone.
“Airport Conical Surface” means a surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000
feet.
“Airport Elevation” means the highest point of an airport’s usable landing area measured in
feet from sea level.
“Alley” means a service way providing a secondary means of public access to abutting
property and not intended for general traffic circulation.
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“Alteration” means any change, addition or modification in construction or occupancy or
any change, addition, or modification to a site, building or occupancy.
“Amusement Park” means a tract or area used principally as a permanent location for
amusement devices, rides and structures, and usually having booths for games or
refreshments. For seasonal operations and portable equipment see “Fairgrounds”.
“Antenna, Alternative Support Structures” includes flat roofs of buildings that are greater
than thirty-five feet in height above the street grade upon which such buildings front, bell
towers, clock towers, water towers, church steeples, street light standards, traffic light and
traffic sign structures, bill boards and commercial signs, and other man-made structures and
devices that extend vertically from the ground to a sufficient height or elevation to
accommodate the attachment of antennas at an altitude or elevation that is desirable for
wireless communications signal transmission and reception.
“Antenna” means any exterior apparatus designed for telephonic, radio, data, internet, or
other communications through the sending and/or receiving of radio frequency signals
including, but not limited to, equipment attached to an antenna support structure or
alternative antenna support structure for the purpose of providing wireless services.
“Antenna, Attached” means a wireless communication antenna which is fixed to an
alternative antenna support structure.
“Antenna Support Structure” means a structure or device specifically designed, constructed
and/or erected for the purpose of attaching, mounting or otherwise affixing antennas at a
height, altitude, or elevation which is significantly above the base of such structure; antenna
support structures include the following: Lattice Tower and Monopole Tower.
“Apartment” means a building or portion of a building arranged or designed to be occupied
by three or more families living independently of each other.
“Applicant” means the person, party, firm, corporation, or other legal entity that proposes
any activity. The Applicant is either the owner of the land on which the proposed activity
would be located, or the designated representative authorized to act on behalf of the owner
of the land, or both.
“Arcade” means a continuously covered area which functions as a weather protected
extension of the publicly accessible space which it abuts.
“Aquifer Recharge Areas” means areas which serve as critical groundwater recharge areas
and which are highly vulnerable to contamination from intensive land uses within these
areas.
“Area of Shallow Flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a
community’s flood insurance rate map (FIRM) with a one percent chance or greater annual
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chance of flooding to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the
sheet flow area.
“Area of Special Flood Hazard” means the land in the flood plain within a community subject
to a one percent (1%) or greater chance of flooding in any given year. Designation on flood
insurance rate maps always includes the letters A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30,
VE). Definitions of each zone are established by the Federal Emergency Management
Agency (FEMA). “Special flood hazard area” is synonymous with the phrase “area of special
flood hazard”.
“Articulation” means the giving of emphasis to architectural elements (like windows,
balconies, entries, etc.) that create a complimentary pattern or rhythm, dividing the large
buildings into smaller identifiable pieces.
“Auto Wrecking Yard” means any area, lot, land, parcel, building, structure, or part thereof
where buying, selling, or dealing in vehicles of a type required to be registered under
Washington State law, for the purpose of wrecking, dismantling, disassembling, or
substantially changing the form of a vehicle, or buying or selling integral secondhand parts,
in whole or in part is taking place.
“Auto Repair” means a building or portion thereof designed and used for storage, repair or
servicing of motor vehicles or boats as a business.
“Assisted Living” means an establishment which provides living quarters and a variety of
limited personal care and supportive health care to individuals who are unable to live
independently due to infirmity of age, physical or mental handicap, but who do not need the
skilled nursing care of a convalescent or nursing home.
“Average Daily Traffic” means the total average volume of traffic that passes or is estimated
to pass a point or segment of a roadway facility, in both directions, during a twenty-four (24)
hour period that does not include weekends. When the average daily traffic is required to
be provided for future estimates, it shall be based on industry standard calculations.
15.105.002 B Definitions.
“Base Flood” means the flood having a one percent (1%) chance of being equaled or
exceeded in any given year. Also referred to as the “100-year flood.”
“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise
during the base flood.
“Basement” means any area of the building having its floor sub-grade (below ground level)
on all sides.
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“Bed and Breakfast” means an owner-occupied dwelling which temporarily houses guests
for profit. A bed and breakfast does not include a rooming house.
“Best Available Science” means current scientific information used in the process to
designate, protect, or restore critical areas that is derived from a valid scientific process
following WAC 365-195-900 through 365-195-925.
“Binding Site Plan” means an alternative procedure for the orderly and efficient division of a
single lot of a recorded plat into parcels.
“Block” means a group of lots, tracts, or parcels bounded by streets, pedestrian access ways,
and other private internal circulation routes that allow for public access.
“Boarding House or Lodging House” means an establishment with lodging for five or more
persons on a weekly or longer basis with a central kitchen and dining area maintained
exclusively for residents and their guests, for compensation.
“Brewery” means an establishment which manufactures fermented malt beverages on site.
A brewery may sell products manufactured on site for on-premises and off-premises
consumption but does not meet the requirements to be considered a brewpub.
“Brewpub” means a restaurant that manufactures up to 5,000 barrels of fermented malt
beverages per year on premises as an accessory use. Such an accessory use shall not occupy
more than thirty percent (30%) of the gross floor area of the restaurant.
“Buildable Area/Building Envelope” means the net area of a site where construction can
legally and reasonably take place, after minimum open space, landscaping, setback and any
other applicable zoning requirements have been applied.
“Building” means any structure having a roof supported by columns or walls used or
intended to be used for the shelter or enclosure of persons, animals, or property of any
kind. (See “Structure.”)
“Building Area” means the total square footage of the building, including basements and
mezzanines.
“Building height” means the vertical distance measured from the average grade to the
highest point on the roof, ridge, or parapet wall.
“Building Official” means the Building Official of the City of Moses Lake or the Building
Official’s designated representative.
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15.105.003 C Definitions.
“Caliper” means the diameter of a tree in inches as measured according to specifications
promulgated by the American Association of Nurserymen in American Standard For Nursery
Stock, ANSI Z60,1-1990.
“Campground, Public” means a City owned facility which provides passive recreation
activities such as beaches, trails, camping sites, horticultural exhibits, or interpretive
centers.
‘Campground, Private” means a facility under private ownership which provides passive
recreation activities such as beaches, trails, camping sites, horticultural exhibits, or
interpretive centers.
“Cargo Containers or Containers” are standardized reusable vessels that were: (1) originally,
specifically, or formerly designed for or used in the packing, shipping, movement or
transportation of freight, articles, good or commodities; and/or (2) designed for or capable
of being mounted or moved by rail, truck, or ship by means of being mounted on a chassis
or similar transport device. This definition includes the terms “transport containers” and
“portable site storage containers.
“Churches, Temples, Synagogues, Etc.” means a facility operated for worship, prayer,
meditation or similar activity by an organization granted tax exempt status by the Federal
Internal Revenue Service. Also known as “Religious Facility”.
“City” means the City of Moses Lake, Washington, a municipal corporation.
“City Engineer” means the Public Works Director or the Public Works Director’s designee.
“Clearview Triangle” see “Sight Distance Triangle”.
“Clearing” means the removal of brush, grass, ground cover, or other vegetative matter
from a site which exposes the surface of the site.
“Clinic” means a place where group medical services are performed, not including the
overnight housing of patients.
“Club” means an association of persons, religious or otherwise, for a common purpose, but
not including groups which are organized primarily to render a service carried on as a
business for a profit.
“Cluster Housing Developments” means detached and/or attached dwelling units arranged
in close groups similar to cottage housing with a buffer zone for critical areas and/or
outdoor recreation which may be on individual lots.
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“Co-location” means (1) mounting or installing an antenna facility on a preexisting structure,
and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility
on that structure; provided, that, for purposes of eligible facilities requests, “co-location”
means the mounting or installation of transmission equipment on an eligible support
structure for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes.
“Commercial Building” means churches, schools, and buildings classified under the State
Building Code within the occupancy groups A, B, E, F, H, I, M, R-1, and S.
“Commercial Coach” means a structure transportable in one (1) or more sections that is
built on a permanent chassis and designed to be used for commercial purposes with or
without a permanent foundation when connected to the required utilities. A commercial
coach is labeled with a black insignia in compliance with Washington State Department of
Labor and Industries regulations.
“Commercial Lodging, Business or Tourist” means transient lodging provided for a fee or
charge in a hotel, motel, boarding house, bed and breakfast, short term stay use or other
granting of any similar license to use real property for a period of less than thirty (30) days.
“Commercial Lodging, Convention” means transient lodging provided for a fee or charge in a
hotel, motel, boarding house, bed and breakfast, short term stay use or other granting of
any similar license to use real property for a period of less than thirty (30) days associated
with a convention center.
“Commercial Significance, Long Term” means the growing capacity, productivity, and soil
composition of the land for long-term commercial production, in consideration with the
land’s proximity to population areas, and the possibility of more intense use of the land.
“Community Development Director” refers to the designated City employee responsible for
overseeing the Community Development Department of the City of Moses Lake, or the
Community Development Director’s designee.
“Community Center” means a structure owned and operated by a nonprofit public or
private corporation and used as a public meeting place for recreation, education, and the
general good of the community.
“Community Garden” means privately or public owned land used for the cultivation of fruits,
vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided
into separate plots for cultivation by one or more individuals or may be farmed collectively
by member of the group and may include common areas maintained or used by group
members.
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“Compensatory Mitigation” means mitigation for wetland losses or impacts resulting from
alteration of wetlands and/or their buffers. It includes, but is not limited to, creation,
enhancement, and restoration.
“Composting Facility” means a location where organic municipal solid waste is collected and
stored in a controlled setting in accordance with state law. The stored materials can be
used as compost fertilizer for plants. These facilities will often be a centralized location
within municipal programs and include the collection of leaf and yard waste.
“Comprehensive Plan” means the generalized coordinated land use policy statement of the
City of Moses Lake adopted pursuant to the Growth Management Act.
“Conference Center” means an establishment developed primarily as a meeting facility,
including only facilities for recreation, overnight lodging, and related activities provided for
conference participants.
“Conditional Use” means a use conditionally allowed in one (1) or more zones but which,
because of characteristics particular to each such use, size, technological processes,
equipment, or because of the exact location with respect to surroundings, streets, existing
improvements, or demands upon public facilities, requires a special degree of control to
determine if uses can be made compatible with the Comprehensive Plan, adjacent uses, and
the character of the vicinity.
“Condominium Dwelling” means a dwelling unit, established under Chapters 64.32 or 64.34
RCW, owned separately from any other unit within the same building, if any, and the lot on
which the building is located is owned in common by all dwelling unit owners.
“Congregate Care / Assisted Living” means a dwelling providing shelter and services for the
elderly which may include meals, housekeeping, and personal care assistance.
“Contractor Construction Services” A use which combines administrative offices with on-site
storage of equipment or materials
“Construction Plans” means the maps, drawings, and specifications that are stamped by a
professional engineer, that show and describe the specific location and design of
improvements to be installed or constructed.
“Construction Site Operator” means a person, firm, corporation, subdivider, developer,
contractor, property owner, or any agent of a property owner who causes construction
activity.
“Contaminant” means any chemical, physical, biological, or radiological material that is not
naturally occurring and is introduced into the environment by human action, accident, or
negligence.
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“Cooperative” means a group of more than one, but not more than four qualified medical
marijuana patients and/or designated providers who share responsibility for growing and
processing marijuana only for the medical use of the members of the cooperative.
“Cottage Housing” means single dwelling units grouped together in clusters with shared
common open spaces, parking, access, amenities, and facilities on a single lotresidential
units on a lot with a common open space that either (a) is owned in common; or (b) has
units owned as condominium units with property owned in common and a minimum of
twenty percent (20%) of the lot size as open space.
“Courtyard Apartments” means attached one or two stories dwelling units centered on a
shared outdoor open space or garden and only accessed by courtyard from the street (and
not by an interior corridor).up to four attached dwelling units arranged on two or three
sides of a yard or court.
“Critical Area/Wetland Enhancement” means actions performed to improve the condition of
existing degraded wetlands and/or buffers so that the functions they provide are of a higher
quality (e.g., increasing plant diversity, increasing wildlife habitat, installing environmentally
compatible erosion controls, removing non-indigenous plant or animal species, removing fill
material or garbage, etc.).
“Critical Areas” means an area or combination of areas or ecosystems which include
wetlands, aquifer recharge areas, frequently flooded areas, geologically hazardous areas,
and fish and wildlife habitat conservation areas. See MLUDC Chapter 15.515.
“Critical Facility” means a facility for which even a slight chance of flooding would represent
a major risk. Critical facilities include, but are not limited to, schools, nursing homes,
hospitals, police, fire and emergency response installations, installations which produce,
use, or store hazardous materials or hazardous waste of a type and amounts deemed to be
inappropriately located in a 100-year floodplain.
“Cryptocurrency Mining” means the operation of specialized computer equipment for the
primary purpose of mining one (1) or more blockchain based cryptocurrencies such as
Bitcoin. This activity typically involves the solving of algorithms as part of the development
and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-
to-peer network. Typical physical characteristics of cryptocurrency mining include
specialized computer hardware; high density load (HDL) electricity use; a high energy use
intensity (EUI) where the operating square footage as determined by the utility is above two
hundred fifty (250) kWh/ft2/year and with a high load factor in addition to the use of
equipment to cool the hardware and operating space. For the purposes of the associated
regulations, cryptocurrency mining does not include the exchange of cryptocurrency or any
other type of virtual currency nor does it encompass the use, creation, or maintenance of all
types of peer-to-peer distributed ledgers.
“Cul De Sac” means a street with no outlet, commonly referred to as a dead end street.
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“Cul De Sac Bulb” means the circular turn around at the end of a cul-de-sac
“Cultivation” means the planting, growing, harvesting, drying, or processing of marijuana
plants or any part thereof.
15.105.004 D Definitions.
“Dangerous Waste” means those wastes designated by the Revised Code of Washington
(RCW) or Washington Administrative Code (WAC) as dangerous or extremely hazardous
waste.
“Data Center/Server Farm/Cluster” means a network of computer(s) and/or server(s)
typically used by organizations for the remote storage, processing, or distribution of large
amounts of data.
“Data Maps” means a series of maps that are maintained by the Community Development
Department for the purpose of graphically depicting the boundaries of resource lands and
critical areas.
“Day Care Facility” means an agency or person regularly providing care for a group of
children for periods of less than twenty-four (24) hours.
“Day Care Center, Adult or Child, Level 1 & 2” means an establishment for group care of
nonresident adults or children. See MLUDC Chapter 15.605.
“Dead-End Street” means a municipal or private street that has a single egress via the
intended route. Cul-de-sac streets are considered dead-end streets.
“Dedication” means the deliberate appropriation of land by an owner for any general and
public uses, for which the owner reserves no other rights than such as are compatible with
the full exercise and enjoyment of the public uses to which the property has been
appropriated.
“Density” means the number of dwelling units within a given unit of land.
“Developer” means a legal property owner who has completed municipal improvements as
a result of ordinances that required the improvements as a pre-requisite to further property
development. May include the Applicant, or agent of the Applicant.
“Development” means the physical extension and/or construction of urban land uses.
Development activities include, but is not limited to: subdivision of land; change in intensity
of use of land; construction, reconstruction, demolition or partial demolition or alteration of
buildings, roads, utilities, and other facilities; commencement of drilling (except for a
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permitted well or to obtain soil samples), mining, or excavation; grading, deposit of fill
materials; and clearing of natural vegetation cover, etc.
“Development (as pertains to the special flood hazard area)” means the division of a parcel
of land into two or more parcels; the construction, reconstruction, conversion, structural
alteration, relocation, or enlargement of any structure; any manmade change to improved
or unimproved real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage equipment or
materials located within the area of special flood hazard; and use of land or water or the
intensification or expansion of the use of land or water.
“Development Agreement” means a contract between an Applicant and the City defining
their respective roles and responsibilities for final approval of a land development.
“Development Application” means a written request completed by an Applicant, seeking
City approval for a development. This could include any land use or environmental permit,
license or action applied for and regulated by the MLUDC, including but not limited to
building permits, subdivisions, binding site plans, planned development district overlays,
rezones, mobile home parks, home occupations or conditional use permits.
“Development Code” means any code associated with or regulating development, including
but not limited to the MLUDC.
“Director” means the City of Moses Lake Community Development Director or designee,
unless otherwise specified.
“Distillery” means a facility which produces spirits for consumption, the sales and
distribution of which are subject to regulation by the Washington State Liquor Control
Board.
“District” means a zoning district unless otherwise defined.
“Disposal, Industrial” means the storage, processing, or disposal of dangerous waste shall be
subject to the regulations of the Washington State Department of Ecology.
“Division of Land” means the division of any land into two (2) or more lots, tracts, or parcels.
“Docket” means the process for determining which proposed annual comprehensive plan
amendments will be considered during the annual review process. See MLUDC Chapter
15.240.
“Domicile” as it pertains to marijuana cooperatives means a person’s true, fixed, primary
permanent home and place of habitation and the tax parcel on which it is located. It is the
place where the person intends to remain and to which the person expects to return when
the person leaves without intending to establish a new domicile elsewhere.
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“Driveway” means a private access that is constructed in accordance with the Community
Street and Utility Standards.
“Dual Frontage Properties” refers to properties that have street frontage on two opposite
boundaries, one of which is the street address and primary access.
“Dwelling” means any building or portion thereof designed or used for a residence or
sleeping place of one (1) or more persons.
“Dwelling, Cottage” “Cottage” means a small single-family swelling that is clustered with
other similar units surrounding a common open space. See MLUDC Chapter 15.415 for
special cottage housing provisions.
“Dwelling Unit” means one (1) or more habitable rooms for one (1) family with facilities for
living, sleeping, cooking, eating, and sanitation.
“Dwelling, Live-Work Units” are a type of Mixed Use development that combines
commercial or manufacturing space within the same structure as a residential living space
that is designed for that business owner.
“Dwelling, Multifamily” means a building or portion thereof designed or used as a residence
and containing more than four (4) dwelling units.
“Dwelling, Single-family” means a dwelling designed or used for residence and containing
only one (1) dwelling unit, or one dwelling unit with an attached or detached accessory
dwelling unit used, intended, or designed to be used, rented, leased, let, or hired out to be
occupied for living purposes, intended for occupancy by one family which may be either the
lot owner or a renter.
“Dwelling, Two (2) Dwelling or Duplex” a building designed or used for residential purposes
and containing two (2) dwelling units.
15.105.005 E Definitions.
“Earth/Earth Material” means naturally occurring rock, soil, stone, sediment, organic
material, or combination thereof.
“Easement” means a grant of one (1) or more rights in property by the property owner to
and for the use by the public, the City, a corporation, or another person or entity. See also
Municipal Easement, Private Easement, and Public Utility Easement.
“Easement, Municipal” means an easement that is accepted by the City for constructing,
maintaining, and servicing municipal improvements, and for permitted public and private
uses.
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“Easement, Private” means an easement that is provided to an individual or group of
individuals. Any property rights related to private easements shall only belong to those
individuals to whom the private easement is provided.
“Easement, Public Utility” means a nonexclusive easement granted to public utility providers
for the express use of locating public utilities.
“Electric Vehicle Charging Station” means a power supply device that supplies electrical
power for recharging plug-in electric vehicles (including battery electric vehicles, electric
trucks, electric buses, neighborhood electric vehicles and plug-in hybrid vehicles).
“Emergency Housing” means a facility whose primary purpose is to provide temporary or
transitional shelter and supportive services to the homeless in general or to a specific
population of the homeless for no more than sixty (60) days.
“Engineer” means a City employee who is designated by the Public Works Director to
oversee a particular construction project.
“Entertainment” means any exhibition or dance of any type, pantomime, modeling, or any
other performance.
“Erosion” means the wearing away of the earth’s surface as a result of the movement of
wind, water, or ice.
“Erosion Hazard Areas” means areas which are areas likely to become unstable, such as
bluffs, steep slopes, and areas with unconsolidated soils. Areas which have been rated as
severe or very severe for building site development on slopes by the United States
Department of Agriculture Soil Conservation Service Soil Survey for Grant County are
included within this definition.
“Excavation” means the manual and or mechanical removal of earth material or fill.
“Existing and Ongoing Agricultural Activities” means those activities conducted on lands
defined in RCW 84.34.020 (2).
“Exhibition Halls and Museums” means public facilities designed to increase the
community’s understanding and appreciation of natural and cultural history which may
include components such as exhibit, display, educational and research facilities; interpretive
kiosks; wildlife viewing areas; scenic overlooks; self-guided trails and interpretive signs and
labels.
15.105.006 F Definitions.
“Façade” means one (1) or more exterior walls of a building that face one (1) direction,
including parapets and openings such as doors and windows.
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“Family” means one or more persons, either related or unrelated, living together as a single
housekeeping unit, as distinguished from a group occupying a boarding or lodging house or
hotel.
“Fairgrounds” means a seasonal use operated for profit offering portable facilities and
equipment for recreation and entertainment.
“Fill/Fill Material” means a deposit of earth material, placed by human or mechanical, and
which is not defined as solid waste according to Chapter 70.95 RCW.
“Filling” means the act of placing fill material on any surface.
“Final Plat” means the plat of the final subdivision. An approved final plat is a final plat that
has been approved, with conditions. Final major and short plats are approved as provided in
the MLUDC. All approved final plats will be signified by a written notice of final plat approval
that is prepared by the Director, with the conditions of approval listed in the notice.
“Fish and Wildlife Habitat Areas” means areas which, in a natural state, serve as an
important habitat for locally important species, including, but not limited to, riparian
ecosystems, naturally occurring ponds under twenty (20) acres; or areas in which rare,
threatened, or endangered species have a primary association.
“Flood Insurance Rate Map (Firm)” means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
“Flood Insurance Study” means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Maps, and the water
surface elevation of the base flood.
“Flood or Flooding” means a general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters and/or the
unusual and rapid accumulation of run-off of surface waters from any source.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot (1').
“Franchise” means a special privilege conferred by the City to an individual or corporation,
which special privilege does not belong to the general public.
“Franchise Permit” means a permit that authorizes a franchisee to install, remove, or
replace existing or proposed municipal improvements.
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“Freeway Interchange Sign” means a freestanding sign that is intended to attract the
attention of traffic entering or exiting an Interstate 90 or SR 17 interchange. A freeway
interchange sign is located within one thousand five hundred feet (1,500') of the
interchange as measured from the centerline of Interstate 90 or SR 17 right-of-way and the
intersecting right-of-way centerline.
“Freeway Sign” means a freestanding sign that is intended to attract the attention of traffic
on Interstate 90. A freeway sign is located within two hundred fifty feet (250') of Interstate
90 right-of-way.
“Frequently Flooded Areas” means areas within the City of Moses Lake which are
determined to be at risk of having one percent (1%) or greater chance of experiencing a
flood in any one (1) year, with those areas defined and identified on the Federal Emergency
Management Administration (FEMA) Flood Insurance Rate Maps for the City of Moses Lake.
“Fueling or Service Stations” means any area of land, including the structures thereon, that
is used for the sale of gasoline or other motor fuels, oils, lubricants and auto accessories
(including areas for storage) and which may or may not include, lubricating and other minor
servicing but no painting operation
“Full-Time” means at least eleven (11) months out of the year.
“Funeral Home” means a building or part thereof used for human funeral services. Such
building may contain space and facilities for (a) embalming and the performance of other
services used in the preparation of the dead for burial; (b) the performance of autopsies and
other surgical procedures; (c) the storage of caskets, funeral urns and other related funeral
supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation.
“Fruit or Vegetable Stand” means any facility from which seasonal fresh fruits or vegetables
produced within the state of Washington are sold to the public. Fruit or vegetable stand
includes roadside stands, farmer's markets, trucks or other conveyances and temporary
open air parking lot stands other than those owned or operated by retail grocery stores.
Such facilities may or may not be owned, leased, or otherwise operated by the producer of
the fruits or vegetables.
15.105.007 G Definitions.
“General Plan” means the General Plan of the City as adopted by the City Council (same as
Comprehensive Plan).
“Geologically Hazardous Areas” means areas designated within the City of Moses Lake
which are not suited for siting commercial, residential, or industrial development because of
their susceptibility to erosion, sliding, earthquake, or other geological events. These areas
shall include erosion hazard areas, landslide hazard areas, and seismic hazard areas.
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“Golf Course” means an area of land where nine or 18 holes of golf is played. A golf course
may, or may not, include putting course and driving range. A golf course does not include
miniature golf which is defined as Indoor Amusement, Recreation and Entertainment.
“Grade (Ground Level)” means the average of the finished ground level at the center of all
walls of a building.
“Grading” means any excavating, filling, clearing, leveling, or contouring of the ground
surface of a site.
“Gross Floor Area” means all floor area within the exterior walls of a building, including
areas in halls, storage, and partitions.
“Group R-1 and R-2 Occupancies” means occupancies as defined by the currently adopted
State Fire Code.
15.105.008 H Definitions.
“Habitat Management Plan” means a report prepared by a qualified wildlife biologist for the
management of fish and wildlife habitat areas.
“Hazard to Air Navigation” means any obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the navigable airspace.
“Hazardous Substance” means any material that exhibits any of the characteristics or
criteria of hazardous waste, inclusive of waste oil and petroleum products, and which
further meets the definitions of “hazardous waste” pursuant to Chapter 173-303 WAC.
“Hazardous Waste” means all dangerous and extremely hazardous waste as defined in the
Revised Code of Washington (RCW) or Washington Administrative Code (WAC).
“Heliport Primary Surface” means the area of the primary surface coincides in size and
shape with the designed takeoff and landing area of a heliport. This surface is a horizontal
plane at the elevation of the established heliport elevation.
“Hillsides” means geologic features with slopes of fifteen percent (15%) or greater. (Vertical
Distance)/H (Horizontal Distance) x 100= Slope %.
“Home Occupation” means any endeavor conducted for financial gain or profit in a dwelling
unit where the endeavor is not generally characteristic of activities for which dwelling units
are intended or designed; provided, that endeavors where the only activities include the
receipt of mail, the use of a telephone, the occasional commercial delivery of goods and
materials not inconsistent with such deliveries in residential neighborhoods, and occasional
vehicular traffic not inconsistent with such vehicular traffic in residential neighborhoods, are
not considered home occupations subject to permitting requirements under the MLUDC.
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“Horizontal Surface” means a horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter of the horizontal
zone.
“Hospital” means a building requiring a license pursuant to Chapter 70.41 RCW and
designed and used for the medical, surgical diagnosis, treatment and housing of persons
under the care of doctors and nurses and including ancillary uses such as cafeterias, florists
and patient- and visitor-related services. Rest homes, nursing homes, convalescent homes
and clinics are not included.
“Hotel or Motel” means a facility offering transient lodging accommodations to the general
public. The facility may also provide additional services, such as restaurants, meeting rooms,
entertainment, and recreation facilities. Institutions housing persons under legal restraint or
requiring medical attention or care, bed and breakfasts and boarding houses are not
included within the scope of this definition.
15.105.009 I Definitions.
“Impervious Groundcover” means a surface that is covered with material that is resistant to
infiltration of water including conventionally surfaced streets, roofs, sidewalks, concrete
flatwork, driveways, parking lots and other oiled, graveled, graded or compacted surface
that impedes the natural infiltration of surface water.
“Impervious Surface.” Any structure or other nonvegetated surface affixed to the ground
that prevents or retards the entry of water into the soil layer, or that causes water to run off
the surface in greater quantities or at an increased rate of flow from the flow rate prior to
addition of such surface. “Impervious Surfaces” include, without limitation: structures,
including eaves; vehicular, bicycle, pedestrian or other circulation facilities constructed of
solid surfaces, including pavement, concrete, u grouted brick or stone; solid decks, patios,
sport courts, swimming pools, hot tubs and similar recreation facilities; and landscape
features, including sheds, arbors, and play structures.
“Improvements” means any combination of pavement, curb, gutter, sidewalk, walkway,
street sign, drainage structure, bike path, sewer, water, gas, street lights,
telecommunications, electricity, or other utility or structure.
“Improvements, Municipal” means any or all sewer mains and appurtenances, water mains
and appurtenances, asphalt pavement, sidewalks, drainage structures, and other permanent
structures that are constructed for the benefit of the public as approved and accepted by
the City.
“Improvements, Municipal Street” means curbs and gutters, asphalt pavement, storm
drainage systems, sidewalks, street lighting, traffic controls, and other similar roadway
improvements that are constructed for the benefit of the public and are maintained by the
City.
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“Improvements, Required” means improvements that are mandatory as a condition of
development. Required improvements shall be constructed in conformance with the
Community Street and Utility Standards.
“Indoors” means within a fully enclosed and secure structure that complies with the
International Building Code, as adopted by the City of Moses Lake, that has a complete roof
enclosure supported by connecting walls extending from the ground to the roof, and a
foundation, slab, or equivalent base to which the floor is securely attached. The structure
must be secure against unauthorized entry, accessible only through two (2) or more lockable
doors, and constructed of solid materials that cannot be easily broken through. Plastic
sheeting, regardless of gauge, or similar products do not satisfy this requirement.
“Indoor Amusement, Recreation and Entertainment” means establishments engaged in
providing amusement or entertainment for a fee or admission charge, including but not
limited to activities such as dance halls, studios, bowling alleys, billiard and pool
establishments, in-door rinks, miniature golf courses, video arcades, indoor swimming pools,
expositions, game parlors, batting cages.
“Indoor Firing or Gun Range” means an area provided with targets for the controlled
practice of shooting.
“Industry, Heavy” means industrial uses that are not specifically defined elsewhere in the
MLUDC, that can be described in one of the following four ways: Primary processing or
manufacturing or repair operations not specifically defined elsewhere in the MLUDC or this
definition. For illustrative purposes, heavy industrial uses include (if they meet the
thresholds of this definition), but are not limited to:
• Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants
(furnace process); petroleum refineries; petroleum storage and transfer units
(except retail gasoline stations); and bulk fuel dealers;
• Facilities used in the primary or secondary production of metals (e.g., primary zinc,
copper, or lead smelters; primary aluminum ore reduction plants; iron and steel
mills; sintering plants; secondary metal production plants; and blacksmith shops);
• Portland cement plants;
• Sawmills and pulp mills;
• Incinerators with the capacity to charge more than 250 tons of refuse per day;
• Lime plants; phosphate rock processing plants; sulfur recovery plants; and
hydrofluoric, sulfuric, or nitric acid plants;
• Fossil fuel combustion (except for electricity generation) totaling more than 250
million BTUs per hour of heat input;
• Fabrication of motor vehicles, manufacturing equipment, durable goods, or pre-
fabricated homes or home components;
• Drycleaner processing plants that use large quantities of PERC or comparable
petrochemical solvents;
• Manufacture of plastic products (except assembly of parts that are manufactured
elsewhere);
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• Hot mix asphalt plants; and
• Meat processing involving butchering of large animal carcasses.
“Industry, Light” means a category of uses that involves research and development,
assembly, remanufacturing, compounding, packaging, testing, or treatment of products,
generally from previously prepared materials or components, with limited outside storage
and limited truck traffic, external impacts, or risks, such that the use is not defined as
"Heavy Industry". Light industry also includes wholesaling, warehousing, and distribution
uses that involve fewer than 12 truck trips per day. For illustrative purposes, light industrial
uses may include:
• Assembly, testing, repair, or refurbishing of products, instruments, electronics,
office and computing machines, and fixtures using pre-manufactured components;
• Offices of general contractors; specialty subcontractors; tradesmen; or
telecommunications providers which include:
• Overhead door access to indoor storage of tools, parts, and materials;
• Parking of commercial vehicles or a fleet of cars, vans, or light trucks that are used in
the business; or limited outdoor storage areas;
• Food production (e.g., commercial kitchen or bakery) and packaging, but not meat
processing involving butchering of large animal carcasses;
• Medical marijuana-infused products manufacture; or
• Restaurants;
• Beverage production (alcoholic and non-alcoholic) and bottling;
• Furniture making or refinishing;
• Manufacture of textiles or apparel;
• Screen printing of apparel (except low volume screen printing at a retail store);
• Printing and publishing, except copy centers, and except printing presses that
require a Stationary Source permit or Title V permit for air emissions;
• Research, development, and testing laboratories (e.g., for development of products,
equipment, or materials), if not classified as ""office"" or ""heavy industry"";
• Disassembly of consumer electronics and/or appliances into component parts,
where all operations and storage are within an enclosed building;
• Manufacture of glass products (e.g., windowpanes, bottles and jars), including hand-
blown products;
• Fabrication of building materials such as countertops, drywall, and cut stone (if not
classified as heavy industry);
• Manufacture or compounding of pharmaceutical products, dietary supplements,
health and beauty products, and herbal products;
• Packaging of products; or
• Storing, selling, and/or distributing merchandise for or to retailers; industrial,
commercial, institutional, or professional business users; or wholesalers, except that
except that wholesale membership clubs that offer memberships to the general
public are not Light Industrial uses.
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“In-Kind Mitigation” means to replace wetlands with substitute wetlands whose
characteristics and functions and values are intended to replicate those destroyed or
degraded by a regulated activity.
15.105.010 J Definitions.
15.105.011 K Definitions.
“Kennel” means any lot or premises on which four (4) or more dogs over four (4) months of
age are kept.
15.105.012 L Definitions.
“Land Surveyor” means an individual licensed in the State of Washington to perform land
surveys in accordance with the provisions of state law.
“Landscaped” means an area in lawn, shrubbery, wood chips, rock, or other material that is
maintained and kept free of debris and other nuisances.
“Landslide Hazard Areas” means areas which are susceptible to risk of mass movement due
to a combination of geologic, topographic, and hydrologic factors.
“Lattice Tower” means a vertical support structure consisting of a network of crossed metal
braces, forming a tower which may be three, four, or more sided.
“Laundromat” means a facility providing machines for the washing and drying of clothes and
personal items. This definition does not include an industrial facility providing laundry, dry
cleaning, linen supply, and uniforms on a regional basis.
“Larger Than Utility Runway” means a runway that is constructed for and intended to be
used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and
jet powered aircraft.
“Lease” means a contract or agreement whereby one (1) party grants to another party
general or limited rights, title, or interest in real property. This definition is intended to
apply to those agreements that are ordinarily considered “ground leases” and does not
apply to those which are ordinarily considered “space leases”.
“Legal Property Owner” means the person, firm, or corporation who is listed in records of
the Grant County Assessor as the owner of said property.
“Liquor” means all beverages defined in RCW 66.04.200.
“Local Improvement District” means a financing method that is authorized by RCW Chapters
35.43 - 35.53 to make municipal improvements whereby the legal property owners who
benefitted must repay the cost of the improvements to the City over a period of years.
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“Lot” means a fractional part of real property, within the boundaries of a recorded plat,
having fixed boundaries, being of sufficient area and dimension to meet requirements in the
MLUDC for lot width, lot depth, and lot area and capable of being used under the
regulations of the City, including both the building site and all required yards and open
spaces .
“Lot, Corner” means any lot which is located at the intersection of two (2) or more streets.
The shorter street frontage of such a lot shall constitute the front of the lot.
“Lot, Depth” means the horizontal distance between the front and rear property lines
measured in the mean direction of the side property lines.
“Lot, Flag” means a lot that has a narrow strip (the "pole") connecting the main body (the
"flag") to a public street. The pole is driveway and does not meet the minimum street
frontage requirements. The pole is not included in the lot size calculation for zoning and
building purposes.
“Lot, Inside” means a lot other than a corner lot.
“Lot, Irregular” means a lot which is neither in the shape of a rectangle or a square.
“Lot, Parcel” means a fractional part of a binding site plan having fixed boundaries.
“Lot, Tract” means a fractional part of divided land having fixed boundaries with a specified
function with or without frontage that is not a building lot for the purpose of development
outside the specified function (examples, stormwater control, utility, parks, or other uses for
recreational purposes). Tract may be any area and configuration that supports the specified
function and may not be used for any other purpose.
“Lot, Through” means a lot which has frontage on two (2) parallel or approximately parallel
streets, or a lot that has a body of water or other natural barrier at the rear of the property
which is parallel to the street.
“Lot, Width” means the horizontal distance between the side property lines measured at
right angles to the depth at a point which is the required minimum building setback line in
that zone in which the lot is located.
“Lowest Floor” means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage, in an area other than a basement area, is not considered a building’s lowest
floor, provided that such enclosure is not built so as to render the structure in violation of
the applicable non-elevation design requirements.
15.105.013 M Definitions.
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“Maintain” means to preserve and care for a structure, improvement, or area to such an
extent that it remains attractive, safe, and presentable and carries out the purpose for
which it was installed or constructed.
“Maintenance Bond” means a form of security or surety, provided by the Applicant and
approved by the City Attorney, that guarantees improvements after acceptance by City
Council.
“Makerspace/Incubator Space” means workspace created to offer startups and new
ventures access to the resources within a single structure which is a temporary space for
new businesses, with the expectation that business will expand and move out within two
years.
“Manufactured Home” means a structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities and built in accordance with regulations
adopted under the National Manufactured Housing Construction and Safety Act of 1974 (42
U.S.C. 5401 et seq.). A commercial coach, recreational vehicle, or motor home is not a
manufactured home. For flood plain management purposes the term “manufactured home”
also includes park trailers, travel trailers, and other similar vehicles placed on a site for
greater than one hundred eighty (180) consecutive days. For insurance purposes the term
“manufactured home” does not include park trailers, travel trailers, and other similar
vehicles.
“Marijuana or Marihuana” means, as defined in RCW 69.50.101, all parts of the plant
Cannabis, whether growing or not, with a THC concentration greater than three-tenths
percent (0.3%) on a dry weight basis; the seeds thereof; the resin extracted from any part of
the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.
“Marijuana Processor” means, as defined in RCW 69.50.101, a person licensed by the State
Liquor and Cannabis Board to process marijuana into useable marijuana and marijuana-
infused products, package and label useable marijuana and marijuana-infused products for
the sale in retail outlets, and sell useable marijuana and marijuana-infused products at
wholesale to marijuana retailers.
“Marijuana Producer” means, as defined in RCW 69.50.101, a person licensed by the State
Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana
processors and other licensed marijuana producers.
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“Marijuana Production, Processing, and Retail Sales” means any reference to marijuana
production, processing and retail sales shall refer only to recreational marijuana production,
processing and retail sales.
“Marijuana Retailer” means, as defined in RCW 69.50.101, a person licensed by the State
Liquor and Cannabis Board to sell useable marijuana and marijuana-infused products in a
retail outlet.
“Marijuana-infused Products” means, as defined in RCW 69.50.101, products that contain
marijuana or marijuana extracts, are intended for human use, and have a THC concentration
greater than three-tenths percent (0.3%) and no greater than sixty percent (60%). The term
“marijuana-infused products” does not include either useable marijuana or marijuana
concentrates.
“May” means a permissive condition approved at the discretion of the Community
Development Director, Plat Administrator, Public Works Director, Hearing Examiner, or City
Council as allowed by the MLUDC.
“Micro (Tiny) Homes” means detached dwelling unit no larger than 400 square feet.
“Mineral Lands” means lands that are not already characterized by urban growth and are of
long-term commercial significance for the extraction of aggregate and mine resources,
including sand, gravel, and valuable metallic substances.
“Miniature Golf Course” means an informal version of golf played on a series of short
constructed obstacle courses.
“Mitigation (work wetland purposes)” means to avoid, minimize, or compensate for adverse
wetland impacts.
“Mixed Use” means a structure or multiple structure development that allows for two or
more different land uses within such structure or development. Mixed Use developments
can be either vertical or horizontally mixed, and could include employment uses such as
office, retail, and/or lodging along with higher-density residential uses, and in some cases,
community or cultural facilities.
“Mobile Home” means a factory built residential structure constructed prior to June 15,
1976, and not in compliance with the National Manufactured Housing Construction and
Safety Standards Act of 1974 (HUD Code).
“Modular Homes” means dwelling units that have parts that are manufactured in a factory
and assembled or placed on the site.
“Modulation, Architecture” means a design approach that subdivides a system into smaller
parts. A modular system is characterized by functional partitioning into discrete scalable and
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reusable modules, rigorous use of well-defined modular interfaces, and making use of
industry standards for interfaces. Together, articulation and modulation and their interval
create a sense of building scale.
“Monopole Tower” means a vertical support structure consisting of a single vertical metal,
concrete or wooden pole, typically round or square, and driven into the ground or attached
to a foundation.
“Moses Lake” means the body of water named Moses Lake along with all associated ponds,
wetlands and tributaries, and the waters of the state, unless the usage of the phrase is
clearly tied to the Moses Lake City Council, the City of Moses Lake, the Moses Lake
Municipal Code, MLUDC, or the Port of Moses Lake.
“Moses Lake Municipal Code” “MLMC” means the municipal code of the City of Moses Lake.
“Moses Lake Unified Development Code” “MLUDC” means Title 15 of the MLMC.
“Motel” See “Hotel.”
“Motor Vehicle Wash” means facilities for the washing of passenger cars and light trucks as
either a principal use or accessory to fueling stations, convenience stores or similar
permitted uses.
“Movie Theatre” means an enclosed building or drive-in facility used for presenting, for
commercial purposes, motion pictures, films, video cassettes, or any other such material,.
“Mulch” means material (such as decaying leaves, bark, or compost) spread around or over
a plant to enrich or insulate the soil. Decorative rock is considered mulch.
“Multiple-Building Complex” means a group of structures housing two or more retail, office,
or commercial uses sharing the same lot, access, or parking facilities, or a coordinated site
plan. Each multiple-building complex shall be considered a single use.
“Multiple-Tenant Building” means a single structure housing two or more retail, office, or
commercial uses sharing the same lot, access, or parking facilities, or a coordinated site
plan. Each multiple-building complex shall be considered a single use.
15.105.014 N Definitions.
“National Fire Protection Association Standards” means codes, standards, and
recommended practices for fire and life safety as published by the National Fire Protection
Association.
“New Construction” means structures for which the “start of construction” commenced on
or after the effective date of the MLUDC.
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“NFPA” means the National Fire Protection Association.
“Nonconforming Use” means the use of any land or building which does not conform to the
use regulations of the MLUDC for the zone in which it is located.
“Nonprofit Corporation” means an organization that does not distribute its surplus funds to
owners or shareholders, but instead uses them to help pursue its goals, and that is certified
by the Secretary of State of the State of Washington as a nonprofit corporation. The term
“nonprofit corporation,” as used herein, does not refer to an organization’s federal tax code
status.
“Non-Residential Property” shall mean all properties that are billed as commercial accounts
per Chapter 13.12 MLMC.
“Non-Stormwater” means discharge to a stormwater system that is not composed entirely
of stormwater.
“Nursery or Greenhouse, Wholesale “ means a place where young plants and trees are
grown for sale or for planting elsewhere.
15.105.015 O Definitions.
“Office, General” means buildings from which professional, administrative, financial, clerical,
brokering, real estate, and limited technical services are provided. The phrase includes, but
is not limited to, the following types of businesses:
• Accounting, auditing and bookkeeping;
• Advertising and graphic design (but not mailing services, which are classified as
“business services”);
• Architectural, engineering, and surveying services;
• Attorneys and court reporters;
• Banks, savings and loans, credit agencies, and investment companies;
• Brokering of motor vehicles, commodities, and other items where the thing
brokered is not stored on-site for any length of time;
• Business incubators (unless the businesses being incubated are classified as another
type of use, such as light industry);
• Computer programming and data recovery services;
• Corporate headquarters;
• Data processing and word processing services;
• Detective agencies;
• Government offices;
• Insurance;
• Interior design;
• Real estate sales and off-site rental offices;
• Research and development (not including on-site manufacturing or fabrication, and
not including marijuana uses);
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• Retail catalog, internet, and telephone order processing, but not warehousing; and
• Virtual office service
“Office, Medical” means office space used for the examination or treatment of patients on
an outpatient basis (with no overnight stays by patients), generally by appointment. The
phrase "Medical Office" includes medical laboratories to the extent necessary to carry out
diagnostic services for the medical office's patients. The phrase includes, but is not limited
to, the following types of businesses:
• Chiropractors, licensed massage therapists, and acupuncturists;
• Dentists;
• Medical doctors (physicians, pediatricians, obstetricians, gynecologists, radiologists,
geriatricians, general and specialist surgeons, podiatrists, ophthalmologists,
anesthesiologists, etc.);
• Midwives;
• Nutritionists and homeopaths;
• Optometrists;
• Occupational therapists, physical therapists, or speech therapists;
• Psychiatrists, clinical psychologists, clinical social workers, and marriage and family
therapists;
• Physiatrists, physiotherapists, orthotics, prosthetics, recreational therapists,
audiologists, respiratory therapists, rehabilitation counselors, prosthetic technicians,
and personal care assistants; and
• Other comparable health care professionals.
“Office, Personal Services” See “Personal Services Uses.”
“Official Sign or Legal Notice” means an official sign or legal notice issued by a court, public
agency, or as authorized by law or federal, county, or City authority.
“Outdoor Commercial Recreation or Amusement” means establishments engaged in
providing amusement or entertainment for a fee or admission charge, including but not
limited to activities such as racetracks, golf courses, amusement parks, amusement and
bathing beaches, riding academies, carnival operations, ball fields, play fields, skate parks,
horse shows, marinas, yacht clubs, BMX courses, paintball, golf driving ranges, and coasters.
“Outdoor Stadium, Arena, Amphitheatre, or Drive-In Theater” means a sports arena with
tiers of seats for spectators.
“Outdoors” means any location that is not indoors within a fully enclosed and secure
structure as defined herein.
“Out-of-Kind Mitigation” means to replace wetlands whose characteristics do not closely
approximate those destroyed or degraded by a regulated activity.
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“Owner” See Property Owner.
15.105.016 P Definitions.
“Park” means an area of land that is owned or controlled by the City, that is set aside or
maintained by the City, and is used for recreation and relaxation of the public.
“Park Structure” means all rocks, buildings, cages, pens, monuments, signs, fences, benches,
structures, apparatus, equipment, or other park property.
“Parking Aisle” means an off-street space used for or designated for the parking of motor
vehicles, together with the area required to provide reasonable access to and from each
space.
“Parking Lot” means any area of land, a yard or other open space area, used for or
designated for the parking of motor vehicles. and the temporary storage of automobiles or
other motorized vehicles.
“Parking Space” means a space of a size adequate to temporarily park a motor vehicle which
has access to a public street or alley.
“Parks, Recreation and Cultural Services Director” means the Parks, Recreation and Cultural
Services Director of the City of Moses Lake or the Parks, Recreation and Cultural Services
Director’s designated representative.
“Paved” means a hard surfaced area of Portland cement or asphaltic concrete with a base
approved by the City Engineer.
“Paver District” means the area of the City that is bounded by the center of Pioneer Way
from Fifth Avenue to Chestnut Street; the northwest side of Broadway Avenue from
Chestnut Street to Dogwood Street; the center of Dogwood Street from Broadway Avenue
to Fourth Avenue; the southeast side of Fourth Avenue from Dogwood Street to Balsam
Street; the center of Balsam Street from Fourth Avenue to Fifth Avenue; the northwest side
of Fifth Avenue from Balsam Street to Pioneer Way; and the area on the southwest half of
Ash Street from Fourth Avenue extending one hundred fifty feet (150') southeast. Detail A-1
of the Community Street and Utility Standards depicts the Paver District Boundaries and is
incorporated by reference and made part of this definition.
“Pedestrian Path” means a path that provides unobstructed pedestrian access between
existing sidewalks and activity trails through mid-block right-of-way.
“Performance Bond” means any security or surety bond approved by the City Attorney as a
guarantee that required improvements will be satisfactorily completed within a specified
period of time.
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“Permanent Erosion Control” means continuous on-site and off-site control measures that
are needed to control conveyance or deposition of earth, turbidity, or pollutants after
development, construction, or restoration.
“Permanent Residential Occupancy” means multi-unit housing that provides either rental or
owner occupancy on a non-transient basis. This includes owner-occupied or rental
accommodation that is leased for a period of at least one (1) month. This excludes hotels
and motels that predominantly offer rental accommodation on a daily or weekly basis.
“Permittee” means a person, firm, or corporation that has obtained a permit from the City
in accordance with the respective section of the MLUDC.
“Permitted Use” means any use authorized or permitted alone or in conjunction with
another use in a specified district and subject to the limitations of the regulations of such
use district.
“Person” means any individual, partnership, corporation, trust, incorporated or
unincorporated association, marital community, joint venture, governmental entity, or
other entity or group of persons however organized.
“Personal Services Use, Office” means a business that is engaged in the provision of
informational, instructional, personal improvement, personal care, or similar services within
an enclosed building, including but not limited to:
• Art or music schools;
• Beauty and barber shops;
• Boxing or kickboxing instruction;
• Cooking instruction;
• Driving schools;
• Fitness centers;
• Handicraft or hobby instruction;
• Laundry and dry-cleaning retail outlets;
• Martial arts instruction;
• Portrait shops or photography studios;
• Shoe repair;
• Swim instruction;
• Tailor/alterations shops; or
• Yoga instruction.
“Picnic Areas” means areas in City parks that are designated as picnic areas by the Parks,
Recreation and Cultural Services Director.
“Place of Assembly” means a building, portion of a building, or property in which people
assemble for civic, educational, religious, social, or cultural purposes. This use includes
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facilities used for worship and accessory celebratory events; meeting halls; event centers;
fraternal organizations; outdoor assembly areas; and private clubs.
“Planning Commission” means the body created pursuant to MLMC Section 2.08.710.
“Plantlife” means all trees, plants, shrubs, vegetation, and all of their living or decaying
parts.
“Plat” means a map or representation of a subdivision.
“Plat Administrator” means the Community Development Director or the Community
Development Director’s designee charged with administering land development regulations.
“Potential Discharge to Moses Lake” means stormwater that might discharge from the
property into Moses Lake or the City’s stormwater system that discharges to Moses Lake;
and includes areas where debris is tracked out into the right-of-way and might enter Moses
Lake or the City’s stormwater system that discharges to Moses Lake.
“Pre-Application Meeting” means an informal meeting where the Applicant introduces the
general idea of a proposed subdivision, binding site plan, or other development to City staff.
“Precision Instrument Runway” means a runway having and existing instrument approach
procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR).
It also a runway for which a precision approach system is planned and is so indicated on an
approved airport layout plan or any other planning document.
“Preliminary Plat” means a dimensional drawing of a proposed subdivision that
accompanies an application for a preliminary subdivision and shows the proposed layout of
dedications, lots, blocks, and other elements of a proposed subdivision. The preliminary plat
shall be the basis for the approval or disapproval of the proposed layout of a subdivision.
“Primary Street” means a street classification as defined in the Community Street and Utility
Standards. The Community Street and Utility Standards includes a list of all primary streets
in the City. Primary streets are arterial streets that carry the majority of traffic that enters
and exits urban areas and that carry the majority of through traffic. Primary streets have
either fully-controlled or partially-controlled accesses. Primary streets include interstate
highways, state highways, and other specific streets as listed in the Community Street and
Utility Standards.
“Primary Surface” means a surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface extends two hundred (200) feet
beyond each end of the runway; for military runways or when the runway has no specially
prepared hard surface, or planned hard surface, the primary surface ends at each end of
that runway. The elevation of any point on the primary surface is the same as the elevation
of the nearest point on the runway centerline.
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“Professional Engineer” means an individual licensed in the State of Washington to practice
engineering in accordance with the provisions of state law.
“Property Line, Front” means the line separating the street from the front of the lot as
shown on the official recorded plat of the property, and as modified by any subsequent
vacation, condemnation, or conveyance for public purposes. In the case of unplatted
property, a front line shall be designated by the Building Official before issuance of a
building permit. A through lot shall be considered to have a front property line on each of
the opposite streets upon which the lot abuts.
“Property Line, Rear” means the lot line opposite and most distant from the front lot line. In
the case of triangular or otherwise irregularly shaped lots, a line ten feet (10') in length
entirely within the lot, parallel to and at a maximum distance from the front lot line.
“Property Line, Side” means any lot line other than a front or rear lot line.
“Property Owner” means the property owner of record according to the Grant County
Assessor’s Office and includes all part owners, joint owners, tenants in common, joint
tenants, and tenants by the entirety, of the whole, or a part of such building or land.
“Public Nuisance” means nuisances that are defined and enforced in Chapter 8.14 MLMC.
“Public Place” means all dedicated rights-of-way, municipal easements, and properties that
are deeded to the City of Moses Lake.
“Public Utility” means a privately or publicly owned and operated business whose services
are so essential to the general public as to justify the granting of a franchise by the City.
“Public Works Director” means the designated City employee responsible for overseeing the
Public Works Department of the City of Moses Lake, or the Public Works Director’s
designee.
15.105.017 Q Definitions.
15.105.018 R Definitions.
“Recording” means the act of the Grant County Auditor to accept a document, place it in the
Grant County archives, and provide a unique auditor’s file number for said document.
“Recreational Park Trailer” means a trailer-type unit that is primarily designed to provide
temporary living quarters for recreational, camping, or seasonal use.
“Recreational Vehicle” means a vehicular type unit that is primarily designed as temporary
living quarters for recreational camping, travel, or seasonal use that either has its own
motive power or is mounted on or towed by another vehicle. Recreational vehicles include
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camping trailers, fifth-wheel trailers, motorhomes, travel trailers, and truck campers. A
recreational vehicle that is sold or leased in the State of Washington is required to have
either a state-plan or self-certified insignia from the Washington State Department of Labor
and Industries that signifies compliance with Chapter 296-150R WAC and ANSI A119.2.
“Recreational Vehicle (RV) Park” means a tract or parcel of land within a major or short
subdivision which is divided according to an approved binding site plan, and has been
developed to rent or lease park spaces to guests.
“Recreational Vehicle Park Space” means an improved plot of ground with a definite
boundary that is located within a recreational vehicle park for the set-up and temporary
occupancy of a recreational park trailer, recreational vehicle, or tent.
“Recycling Collection Center” means a collection point for small refuse items, such as bottles
and newspapers, located either in a container or a small structure.
“Rehabilitation Improvements” means modifications to existing structures, that are vacant
for twelve (12) months or longer, that are made to achieve a condition of substantial
compliance with existing building codes or modification to existing occupied structures
which increase the number of multi-family housing units.
“Rendering Plant” means a facility that converts waste animal tissue into stable, usable
materials. Rendering can refer to any processing of animal products into more useful
materials, or, more narrowly, to the rendering of whole animal fatty tissue into purified fats
like lard or tallow.
“Renumeration” means compensation, money, rent or other bargained for consideration
given in return for occupancy, possession, or use of real property.
“Residential Property” means all properties that are billed as residential accounts per
Chapter 13.12 MLMC.
“Residential Targeted Area” means an area within an urban center that has been designated
by the City Council as lacking sufficient, available, desirable, and convenient residential
housing to meet the needs of the public.
“Resource Extraction (minerals)” means the quarrying and mining of minerals or materials
including, but not limited to, surface mining of sand, gravel, and rock and the primary
reduction, treatment, and processing of minerals or materials together with the necessary
buildings, structures, apparatus, and appurtenances including rock crushing, washing,
sorting and asphalt mixing.
“Restaurant, Sit-Down” means a restaurant at which all food and drink is consumed on the
premises.
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“Restaurant, Fast Food” means an establishment which offers quick food service which is
accomplished through a limited menu of items already prepared and held for service, or
prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders
are not generally taken at the customer’s table, and food is generally served in disposable
wrappings or containers. There is only limited table service.
“Restaurant, Take-Out” means a restaurant that offers a take-out service whereby food may
be consumed off the premises. A take-out restaurant may have seating facilities.
“Restoration” means the re-establishment of a viable wetland from a previously filled or
degraded wetland site.
“Retail” means establishments engaged in selling merchandise for personal or household
consumption and rendering services incidental to the sale of the goods. Retail
establishments generally buy goods for resale and are engaged in activities to attract the
general public to buy. The establishment may process or manufacture some of its products
(such as a jeweler or bakery), but such processing or manufacturing is incidental or
subordinate to the selling activities.
“Right-of-Way” means land or real property, dedicated or deeded to the City, County, State,
or federal agencies, to be used for improvements, and for permitted public and private uses.
“Rough In Inspection” means an inspection performed by the Washington State Department
of Labor and Industries to approve the electrical work up to and including all junction boxes.
“Runway” means a defined area on an airport prepared for landing and takeoff of aircraft
along its length.
15.105.019 S Definitions.
“Sanitary Dumping Station” means a facility for receiving body waste and liquid waste that is
discharged from recreational park trailer and recreational vehicle holding tanks.
“Salvage Yard” means a lot, land or structure, or part thereof, used for the collecting,
storage and sale of waste paper, rags, scrap metal or discarded material; or for the
collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in
running condition.
“Scale” means the scale of a plat, site plan, or record of survey that is the proportion that
the map is drawn to with reference to the actual surveyed distances.
“School, Elementary and Secondary” means public or private institutions of learning having
a curriculum below the college level as required by the common school provisions of the
State of Washington.
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“School, Pre” means an institution primarily engaged in academic instruction for children of
pre-kindergarten age.
“Security” means a performance bond, maintenance bond, covenant, or alternative
collateral provided by the Applicant to the City, and approved by the City Attorney, that
guarantees events will occur in accordance with the agreement attached to the security.
“Seismic Hazard Areas” means areas which are susceptible to severe damage from
earthquakes as a result of ground shaking, slope failure, settlement, or soil liquefaction.
“Self-Storage/Mini-Storage” means a building for short term self-service storage of personal
goods and materials for a fee or rent.
“Service Area” means any area devoted to garbage or refuse containers, incinerators, the
shipping and receiving of commodities, or the parking of trucks or other large vehicles used
in the operation of an enterprise.
“Setback/Yard” means the distance between the property line and permitted building.
“Setback Line, Building” means the distance beyond which the footprint or foundation of
the building or structure shall not extend.
“Sexual Conduct” means any act of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration,
however slight;
2. Any penetration of the vagina or anus, however slight, by an object;
3. Any contact between persons, involving the sex organs of one person, whether
clothed or unclothed, and the mouth or anus of another, whether clothed or
unclothed;
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of
one person by another.
“Shall” means a mandatory condition. Where requirements are described with “shall,” the
requirements are mandatory.
“Short Plat” means a map or representation of a short subdivision.
“Short Term Rental” means the use of an approved vacation rental dwelling by any person
or group of persons who occupies or is entitled to occupy a dwelling unit for remuneration
for a period of less than thirty (30) calendar days, counting portions of days as full days, but
in no event for less than twenty-four (24) consecutive hours.
“Should” means an advisory condition. Where the word “should” is used, it is considered to
be advisable usage; recommended but not mandatory.
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“Sidewalk, Municipal” means sidewalks constructed within the right-of-way, municipal
easement, or other public place for the use of the public.
“Sight Distance Triangle” means a sight triangle formed by measuring from the intersection
of the extended curb line or the traveled right-of-way (if no curbs exist) of the adjacent
street to a distance of fifty feet (50’) from the corner point. The third side of the triangle is
the straight line connecting the two (2) fifty foot (50’) sides. Within the area comprising the
triangle, no fence, shrub, or other physical obstruction higher than thirty-six inches (36”)
above the established street grade shall be permitted. Also known as a “Clearview Triangle.”
“Sign” means letters, figures, symbols, or logos, with or without illumination, on any
medium, including its structural component parts, used or intended to attract attention to
the subject matter that identifies, advertises, or promotes a product, good, service, place,
person, firm, merchandise, point of sale, or business. A sign also includes any item attached
to sign structures, such as balloons, streamers, pennants, flags, inflatables, or similar devices
intended to attract attention.
“Sign Face” means one (1) dimension of a sign that contains the visual message.
“Sign Height” means the vertical distance as measured from finished grade at the base of a
sign or sign structure to the top of the sign.
“Sign Structure” means the horizontal and vertical support for a sign.
“Sign, Abandoned” means any sign located on property that is vacant and unoccupied for a
period of six months or more, or any sign which pertains to any occupant, business, or event
unrelated to the present occupant or use that is not an allowed off-premises sign.
Abandoned sign also includes signs that are broken, defaced, faded, rusted, peeled, or
otherwise deteriorated and are not repaired within thirty days after the City provides notice
of the condition.
“Sign, Architectural Appendage” means a building sign that is suspended from, attached to,
applied to, or part of an awning, marquee, false mansard, canopy, or similar projection from
the exterior walls of a building.
“Sign Area” means that area contained within a single continuous perimeter enclosing the
entire sign or sign cabinet, but excluding any support or framing structure that does not
convey a message.
“Sign, Banner” means any sign of lightweight fabric or similar material that is mounted to a
pole or building at one or more edges that is not a “flag” as defined herein.
“Sign, Billboard” means a large outdoor advertising sign containing a message, commercial
or otherwise, usually unrelated to the use or activity on the property on which the sign is
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located or to any use or activity in the immediate area (such as is the case with an off-
premises sign) and which is customarily leased for commercial purposes.
“Sign, Building” means any sign that is attached or applied to, mounted on, suspended from,
painted on, or part of the exterior of a building or architectural appendage, including the
roof and facade.
“Sign, Cabinet” means the module or background containing the advertising message but
excluding sign supports, architectural framing, or other decorative features which contain
no written or advertising copy.
“Sign, Carried” means a hand-held or carried sign held or carried by a person.
“Sign, Changeable Copy” means a sign that is designed to easily rotate or alternate
messages by mechanical. Examples of changeable copy signs are reader boards with
removable letters.
“Sign, Community” means a temporary sign that promotes, celebrates, or commemorates a
community event, public awareness, community service, holiday season, or similar public
function.
“Sign, Construction” means a temporary standing or portable sign that is nonilluminated. A
construction sign provides information about a construction project.
“Sign, Digital” means a changeable copy sign with LED (or other similar light source) text,
graphics or, symbols over a nonilluminated background.
“Sign, Directional (traffic)” means a sign which only identifies a business or activity and
directs traffic to that business or activity.
“Sign, Directory” means a sign that has space which is limited to the name, address, and
logo of the developed site and the names, addresses, and logos of several on-site
businesses, organizations, or facilities.
“Sign, Double-Face” means two (2) sign faces which are identical in size and message and
either are displayed back-to-back or within a thirty degree (30°) interior angle.
“Sign, Electronic” means an on-premises advertising sign having a signboard display that can
be changed by an electrical, electronic, or computerized process.
“Sign, Electrical” means a sign or sign structure in which electrical wiring, connections, or
fixtures are used as part of the sign proper
“Sign, Flag” means a piece of cloth, attached to a staff, with distinctive colors, patterns or
symbols.
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“Sign, Flashing” means an electric sign or a portion thereof (except changing message
centers) which changes light intensity in a sudden transitory burst, or which switches on and
off in a constant pattern in which more than one-third of the nonconstant light source is off
at any one time.
“Sign, Freestanding” means any sign supported by one or more uprights, poles, or braces in
the ground.
“Sign, Freeway” means a freestanding sign designed and placed to attract the attention of
freeway traffic.
“Sign Height” means the vertical distance measured from the grade below the sign or upper
surface of the nearest street curb, whichever permits the greatest height, to the highest
point of the sign.
“Sign, Home Occupation” means an on-site sign that advertises a home occupation.
“Sign, Off-Premises Directional” means an off-premises sign with directions to a particular
business.
“Sign, Off-Premises” means a sign advertising or promoting merchandise, service, goods, or
entertainment sold, produced, manufactured, or furnished at a place other than on the
property where the sign is located.
“Sign, On-Premises Directional” means a sign directing pedestrian or vehicular traffic to
parking, entrances, exits, service areas, or other on-site locations of a particular business.
“Sign, On-Premises Sign” means a sign incidental to a lawful use of the premises on which it
is located, advertising the business transacted, services rendered, goods sold, or products
produced on the premises or the name of the business or name of the person, firm, or
corporation occupying the premises.
“Sign, Permanent” means a sign constructed of weather resistant material and intended for
permanent use and that does not otherwise meet the definition of “temporary sign” or fall
under any other provision of the sign code.
“Sign, Portable” means a sign made of wood, metal, plastic, or other durable material that is
not attached to the ground or a structure. This definition includes sandwich boards, and
portable reader boards if placed on private property. This definition also includes trailered
signs. Signs placed on public or street right-of-way, including public sidewalks, require
review under Chapter 12.14 MLMC.
“Sign, Projecting” means a sign, other than a wall sign, that is attached to and projects from
a structure or building face.
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“Sign, Roof” means any sign erected or constructed as an integral part or is essentially part
of a normal roof structure of any building design, where any portion of the face of which is
situated above the roof line to which it is attached, and which is wholly or partially
supported by said building.
“Sign Setback” means the horizontal distance from the property line to the nearest edge of
the sign cabinet or sign.
“Sign, Temporary” means any sign; poster; placard; stake sign or sign not placed in the
ground with concrete or other means to provide permanent support, stability, or rot
prevention; banner; pennant; valance; or advertising display constructed of cloth, paper,
canvas, cardboard, or other light nondurable materials used temporarily and is not
permanently mounted, painted, or otherwise affixed to a permanent structure or building.
Temporary signs may only be made of nondurable materials including, but not limited to,
paper, corrugated board, flexible plastics, foamcore board, or signs painted with water
soluble paints or chalks. Signs made of other materials shall be considered permanent and
are subject to the permanent sign regulations of the sign code.
“Sign, Trailered” means any sign located on or affixed to a trailer or vehicle normally
licensed by the state as a trailer, or any sign that has its own wheels, or is located on or
affixed to its own wheels, capable of being used to move the sign from location to location.
Trailered sign does not mean signs that are permanently or temporarily affixed to motor
vehicles other than trailers, such as passenger cars, trucks, or recreational vehicles.
“Sign, Wall” means any on-premises sign attached to or painted directly on, or erected
against and parallel to, the wall, façade, or fascia of a building.
“Sign, Wayfinding” means an off-premises sign that is part of a City-sponsored and
coordinated program for the purpose of facilitating vehicular tourist and pedestrian traffic
to local tourist destinations.
“Sign, Window” means any sign, pictures, symbol, or combination thereof, designed to
communicate information about a business, person, product, event, sale, or service, placed
inside a window or upon the window panes or glass and visible from the exterior of the
window.
“Significant Impact” means a meaningful change or recognizable effect to the ecological
function and value of a wetland, which is noticeable or measurable, resulting in a loss of
wetland function and value.
“Site” means either:
1. A parcel of unplatted land, a parcel in a binding site plan, a tract, or a lot in a
subdivision; or
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2. Two (2) or more contiguous parcels, tracts, or lots under one (1) ownership without
intervening right-of-way and identified or delineated as one (1) development site; or
3. Two (2) or more contiguous parcels, tracts, or lots under different ownership,
without intervening right-of-way, and identified or delineated as one (1)
development site.
“Site Plan” means a drawing that depicts all proposed and existing improvements and land
conditions.
“Slaughterhouse” means a place where animals are slaughtered for food.
“Sleeping Shelter” means a structure that is used for the purpose of sleeping by indigent
persons on a temporary basis.
“Slope” means an inclined ground surface, the inclination of which is expressed as a ratio or
percentage. The percentage is determined by the following formula:
“Skating Rink” See Indoor Amusement, Recreation and Entertainment
“Small Cell Wireless Facility” means a wireless communications facility where each antenna
is located inside an enclosure of no more than three (3) cubic feet in volume, or, in the case
of an antenna that has exposed elements, the antenna and all of its exposed elements could
fit within an imaginary enclosure of no more than three (3) cubic feet; and all other
associated wireless equipment is not larger than twenty-eight (28) cubic feet in volume.
“Small Satellite Dish” means a satellite dish with a diameter of one meter or less in all zones.
“Special Hazard District Development” means the construction or alteration of structures,
dredging, dumping, filling, or removal of earth of any temporary or permanent nature
“Species of Local Importance” means a species of animal which are of local concern due to
their population status or their sensitivity to habitat manipulation. This term also includes
game species.
“Specific Anatomical Areas” means less than completely or opaquely covered: human
genitals, pubic hair, vulva; buttocks, anus; and female breasts below a point immediately
above the top of the areola; and human male genitals in a discernibly turgid state, even if
completely or opaquely covered.
“Specified Sexual Activities” means human genitals in a state of sexual stimulation or
arousal; acts of human masturbation, sexual intercourse, or sodomy; or fondling or other
erotic touching of human genitals, pubic region, buttocks, or female breast.
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“Stacked Flats” mean two-story dwelling units, one over the other. Both units have doors
that open out onto the streetdwelling units in a residential building of no more than two
stories on a residential zoned lot in which each floor may be separately rented or owned.
“Stealth” means the design and technology that minimizes the aesthetic and visual impact
of wireless communication facilities by camouflaging, disguising, screening, architecturally
integrating, and/or the incorporation of colors and design features to blend into the
surrounding environment.
“Start of Construction” means substantial improvement, and the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, placement, or
other improvement was within one hundred eighty (180) days of the permit date. The actual
start either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and/or walkways; nor does
it include excavation for a basement, footings, piers, or foundation or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure.
For substantial improvements, the start of construction the first alteration of any wall,
ceiling, floor, or other structural part of the building, whether or not that alteration affects
the external dimensions of the building.
“Storage” means the keeping of a quantity of goods, merchandise, or other materials in a
manner or location which will require them to be rearranged or relocated before use or
retail sales of the goods, merchandise, or other materials .
“Storage Yard” means a location for outdoor storage of: operable equipment and materials
for off-site processing, construction projects, or right-of-way maintenance; and / or
recreational vehicles, boats, trucks, commercial vehicles, and passenger vehicles. A storage
yard may include an accessory office or caretaker facility. The phrase "storage yard" does
not include storage of wrecked or inoperable vehicles (see salvage yard) and accessory
outdoor storage.
“Storage, Dangerous Waste” means the holding of dangerous waste for a temporary period.
Accumulation of dangerous waste by the generator on the site of generation is not storage
as long as the generator complies with the applicable requirements of WAC 173-303-200
and 173-303-201.
“Stormwater Fee” means the service charge established under Title 13 MLMC for parcels of
real property to fund the costs of stormwater management and for operating, maintaining
and improving the City’s stormwater system.
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“Stormwater System” means all the pipes, swales, ditches, culverts, street gutters,
detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins,
oil/water separators, biofiltration swales, outfalls, underground injection wells, and other
items for conveying, treating, or containing stormwater and non-stormwater.
“Stormwater Utility” means the stormwater utility, created by Chapter 13.03 MLMC.
“Story” means that portion of a building included between the surface of any floor and the
surface of the floor next above it, or, if there is no floor above it, then the space between
such floor and the ceiling next above it. Any portion of a building exceeding fourteen feet
(14') in height shall be considered as an additional story for each fourteen feet (14') or major
fraction thereof. If the finished floor level directly above the basement or cellar is more than
six feet (6') above grade such basement or cellar shall be considered a story.
“Street” means a public right-of-way which provides the primary of access to the abutting
property.
“Street and Utility Construction Bond” means a performance and maintenance bond that is
provided to the City, on forms that are provided by the City, in an amount stipulated by the
City of at least ten thousand dollars ($10,000), that guarantees completion of work
authorized by a Street and Utility Construction Permit, and that provides for a two (2) year
maintenance bond for the work that is authorized by a Street and Utility Construction
Permit.
“Street and Utility Construction Permit” means a permit that authorizes the permittee to
install, remove, replace, or repair existing or proposed municipal improvements.
“Street Frontage” means the length in feet of a property line(s) or lot line(s) bordering a
public street. For corner lots, each street-side property line shall be a separate street
frontage. The frontage for a single use or development on two or more lots shall be the sum
of the individual lot frontages.
“Street, Municipal” means a municipal roadway that is provided for the benefit of the public
within dedicated right-of-way, City-owned property, or municipal easements.
“Street, Private” means a way that is privately built and maintained which affords the
primary of access to a planned development district, manufactured or mobile home park,
or recreational vehicle park.
“Structural Alteration” means any change in the supporting members of a building such as
bearing walls, columns, beams, girders, floor joints, ceiling joists, or roof rafters.
“Structure” means a combination of materials constructed and erected permanently on or
under the ground or attached to something having a permanent location on or under the
ground. Not included are residential fences, retaining walls less than thirty (30) inches in
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height, rockeries less than thirty (30) inches in height and similar improvements of a minor
character. For the purposes of this definition, regulations for the Shoreline Master Program,
a different definition applies.
“Structure, Nonconforming” means a structure conforming with respect to use, but does not
conform with respect to height, setback, coverage, or other requirements of the MLMC.
“Subdivider” means a person, firm, or corporation that undertakes to create a short or
major subdivision
“Subdivision” means either a “short subdivision” or “major subdivision,” depending on the
context.
“Subdivision Bond” means a surety or other security bond that is provided by the Applicant
and approved by the City Attorney that guarantees that certain improvements will be
completed within a specific period of time.
“Subdivision, Major” means the division or redivision of land, for the purpose of sale, lease,
or transfer of ownership. Major subdivisions are required whenever the subdivision consists
of ten (10) or more lots, or includes lands that have been subdivided by a short subdivision
within the previous five (5) years.
“Subdivision, Short” means the division or redivision of land into nine (9) or fewer lots,
tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
“Substantial Damage” means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed fifty
percent (50%) of the market value of the structure before the damage occurred.
“Substantial Improvement” means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the
structure either before the improvement or repair is started, or, if the structure has been
damaged and is being restored, before the damage occurred. For the purpose of this
definition, substantial improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The term does not, however,
include either:
“Substrate” means the soil, sediment, decomposing organic matter, or combination, located
on the bottom surface of the wetland.
15.105.020 T Definitions.
“Tent” means a confined space, collapsible, light-weight shelter that is set up for recreation
or vacation purposes.
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“Townhouse” means a multi-story dwelling which is attached to one or more similar houses
by shared walls
“Traffic Control Sign” means any permanent or temporary traffic control, traffic signal, or
construction sign that is subject to: (1) the latest edition of the Standard Specifications for
Road, Bridge, and Municipal Construction as published by the Washington State Department
of Transportation in conjunction with the Washington State Chapter of the American Public
Works Association, as amended by the City of Moses Lake Community Street and Utility
Standards; and (2) the Manual on Uniform Traffic Control Devices.
“Transitional Housing” means temporary housing provided to transitional persons for a
period of thirty-one (31) calendar days to twenty-four (24) months by nonprofit
organizations, public housing authorities, establishments of religion, or other organizations
or partnerships formed to promote public welfare, for the purpose of facilitating movement
of said persons to independent living.
“Transitional Person” means an adult or child who lacks a fixed, regular, and adequate
nighttime residence. This definition excludes any persons who are abusing alcohol,
prescription drugs, or other controlled substances.
“Transitional Surfaces” means surfaces that extend outward at 90 degree angles to the
runway centerline and the runway centerline extended at a slope of seven feet (7')
horizontally for each foot vertically from the sides of the primary and approach surfaces to
where they intersect the horizontal and conical surfaces. Transitional surfaces for those
portions of the precision approach surfaces, which project through and beyond the limits of
the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of
the approach surface and at 90 degree angles to the extended runway centerline.
“Treatment (dangerous waste)” means treatment of dangerous waste shall be as defined in
state law.
“Tree” means a woody perennial plant, typically having a single stem or trunk growing to a
considerable height and bearing lateral branches at some distance from the ground.
“Turf Grass” means a type of grass that are for lawns, golf courses, sports fields, and
playgrounds. Turf grasses differ from the ornamental grass varieties in that they are thicker,
stronger, and grow in dense patches carpeting the ground. Ornamental grasses are typically
perennial and include the sedges (Cyperaceae), rushes (Juncaceae), restios (Restionaceae),
and cat-tails (Typhaceae).
15.105.021 U Definitions.
“Undeveloped Property” means property that is unaltered by the actions, construction, or
addition to such property by man, or addition to such property by man of impervious
groundcover, or physical manmade improvements, or conditions of any kind that change
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the hydrology of the property or its soil from its natural state, so long as stormwater runoff
from said property causes no detriment to the City’s stormwater system.
“University or College, Vocational Schools” means an educational institution designed for
instruction, examination, or both, of students in many branches of advanced learning,
conferring degrees in various faculties, and often embodying colleges and similar
institutions and a school in which people learn how to do a job that requires special skills.
“Urban Center” means a compact, identifiable district containing several business
establishments, adequate public facilities, and a mixture of uses and activities, where
residents may obtain a variety of products and services.
“Useable Marijuana” means dried marijuana flowers. The term “useable marijuana” does
not include marijuana-infused products.
“Utilities, Local” means facilities and infrastructure provided by a public agency, utility
district, or franchise which convey essential services throughout a neighborhood area or
within the community. These facilities include but are not limited to local water and
wastewater lines and pump stations, electrical distribution lines and substations, natural gas
distribution pipelines, local telecommunication facilities, and stormwater retention and
conveyance systems.
“Utilities, Regional” means facilities and infrastructure provided by a public agency, utility,
or franchise which convey essential services throughout the area beyond but including
Moses Lake. These facilities include but are not limited to regional water storage tanks,
reservoirs, and booster stations; wastewater interceptors, pump stations, and treatment
facilities; electrical transmission substations and lines one hundred fifteen (115) kV and
greater, regional natural gas pipelines and gate stations, and regional telecommunication
facilities.
“Utility Line” means pipe, conduit, cable, or other similar facility by which services are
conveyed to the public or individual recipients. Such services shall include, but are not
limited to, water supply, electric power, gas, and communications.
“Utility Runway” means a runway that is constructed for and intended to be used by
propeller driven aircraft of 12,500 pounds maximum gross weight and less.
15.105.022 V Definitions.
“Variance” means a grant of relief from development code requirements which permits
construction in a manner that would otherwise be prohibited by this ordinance.
“Vehicle” means motorized mechanical devices designed for movement by means of
wheels, skids, or runners of any kind, and specifically including all such automobiles, buses,
trucks, cars, vans, and motor homes even though they may be at any time immobilized in
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any way for any period of time for whatever duration; and also including boats, other
motorized vessels, trailers, recreational vehicles, off road vehicles, and all terrain vehicles.
“Veterinarian” means the offices of one or more licensed veterinarians, including operating
space, and space in which health care, pet grooming, or pet day care for animals are
provided.
“Violation” means any violation by the owner or any occupant of any provision of the
MLUDC, any provision of the Moses Lake Municipal Code, or any violation of state law.
“Visual Runway” means a runway intended solely for the operation of aircraft using visual
approach procedures.
15.105.023 W Definitions.
“Waiver” means a permanent deviation that allows alterations to the requirements of the
Community Street and Utility Standards, the MLUDC, or the Moses Lake Municipal Code.
“Warehousing” means the use of a building primarily for the long-term storage of goods and
materials .
“Wetland Buffer Zone” means a designated area contiguous or adjacent to a wetland that is
required for the continued maintenance, function, and structural stability of the wetland.
“Wetland Creation” means the producing or forming of a wetland through artificial from an
upland (non-wetland) site.
“Wetland Site” means any parcel or combination of contiguous parcels, or right-of-way or
combination of contiguous rights-of-way under the Applicant’s ownership or control where
the proposed project impacts a wetland(s).
“Wetland Specialist” means a person with a minimum of a four (4) year degree in wildlife
sciences, biology, environmental science, or an equivalent academic background who also
has experience in performing wetland delineations, analysis of wetland functions and values
and project impacts, and wetland mitigation and restoration techniques. The person must
be familiar with the approved federal Wetland Delineation Manual and applicable regional
supplements, the Washington State Wetland Rating System for Eastern Washington, and the
City of Moses Lake Wetlands Ordinance.
“Wetland(s) “ means areas that are inundated or saturated by surface water or ground water
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not
include those artificial wetlands intentionally created from non-wetland sites, including but
not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities,
retention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or
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those wetlands created after July 1, 1990, that were unintentionally created as a result of
the construction of a road, street, or highway. Wetlands may include those artificial
wetlands intentionally created from non-wetland areas to mitigate the conversion of
wetlands.
“Wheeler Corridor Heavy Industrial Area” means the area within City limits, located east of
Road L and zoned Heavy Industrial .
“Wholesale” means establishments primarily engaged in selling merchandise to retailers; to
industrial, commercial, institutional, farm, construction contractors, or professional business
users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or
selling merchandise to such persons or companies.
“Wildlife Biologist” means a person having a minimum of a Bachelor’s degree in wildlife
biology, wildlife science, wildlife ecology, wildlife management, or zoology.
“Winery” means a facility designed for crushing, pressing, fermenting, bottling, and cellaring
wine for retail and wholesale purposes.
“Wireless Communication Facility” means an unstaffed facility for the transmission and/or
reception of radio frequency (RF), microwave or other signals for communication purposes,
typically consisting of an equipment enclosure, an antenna support structure or an
alternative antenna support structure, and one or more antennas.
“Wireless Communication Service” means providing or offering for rent, sale, lease, or in
exchange for other consideration, the transmittal and reception of voice, data, image,
graphic, and other information by the use of wireless communications facilities; this term
includes any personal wireless services as defined in the Telecommunications Act of 1996.
These include commercial mobile services, unlicensed wireless services, and common carrier
wireless exchange access services, and similar services that currently exist or that may in the
future be developed.
“Wireless Communication Service Provider” means every person or entity who provides
wireless communications service, for rent, sale, lease, or in exchange for other
consideration, through the use of wireless communications facilities, whether or not such
facilities are owned by or under the control of such person.
“Wireless Equipment Enclosure” means a small structure, shelter, cabinet, box or vault
designed for and used to house and protect the electronic equipment necessary and/or
desirable for processing wireless communications signals and data, including any provisions
for air conditioning, ventilation, or auxiliary electricity generators.
15.105.024 X Definitions.
15.105.025 Y Definitions.
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“Yard” See Setback
“Yard, Front” means the required open space adjoining the front property line and
extending across the full width of the lot to a depth equal to the minimum permitted
horizontal distance between the front property line and any part of a building on the lot
save as elsewhere excepted in the MLUDC.
“Yard, Side” means the required open space adjoining the side property line and extending
from the required front yard to the required rear yard on inside lots, and to the rear
property line on corner lots along the side flanking a public street, or in the absence of such
required yards to the front or rear property lines, and having a width equal to the minimum
permitted horizontal distance between the side property line and any part of the main
building on the lot line.
“Yard, Rear” means the required open space adjoining the rear property line and extending
across the full width of the lot on inside lots, and from the side yard flanking a public street
to the opposite side property line on corner lots and having a depth equal to the minimum
permitted horizontal distance between the rear property line and any part of the main
building on the lot, save as elsewhere excepted in the MLUDC.
15.105.026 Z Definitions.
“Zero Lot Line Home” means a residential dwelling in which the structure adjacent to side
property line.
“Zoning Administrator” means the Community Development Director or designee charged
with the administration and enforcement of the MLUDC.
“Zoning Ordinance” means the Zoning Ordinance of the City as codified in the MLUDC.
“Zoo” means an establishment which maintains a collection of wild animals, typically in a
park or gardens, for study, conservation, or display to the public.
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Chapter 15.110
MEASUREMENTS
Sections:
15.110.010 Density Calculations.
15.110.020 Setback Measurements.
15.110.030 Building Height Plane.
15.110.010 Density Calculations. Minimum and maximum density for an individual site shall be
calculated by multiplying the gross developable acreage by the applicable number of
dwelling units.
A. Fractions. When calculation results in a fraction, the fraction shall be rounded to the
nearest whole number as follows:
1. Fractions of 0.50 and above shall be rounded up.
2. Fractions below 0.50 shall be rounded down.
B. Calculations for Determining Minimum Density—Net Area. All site areas shall be used
in the calculation of minimum allowed residential density except:
1. Existing street rights-of-way, easements, or other areas reserved or dedicated for
public use (such as parks, open space, and stormwater retention facilities); and
2. Submerged lands.
3. At the time of subdivision, property used for new roadways, trails, stormwater
facilities, or other features used by residents may be counted as part of the site area
for density calculations. Property transferred to the City for the construction of
public roadways or other public features shall be counted as part of the site area if
the City and property owner reach such an agreement prior to and as part of the
transfer.
15.110.020 Setback Measurements.
A. Front Yard Setback. The front yard is measured from the street right-of-way or the edge
of a surface improvement (sidewalk) which extends beyond a right-of-way, whichever is
closer to the proposed structure, to a line parallel to and measured perpendicularly
from the street right-of-way or the edge of the surface improvement at the depth
prescribed for each zone. For dual frontage properties, the front yard is measured from
the street right-of-way that is the property's street address and primary access.
B. Side Yard Setback. The side yard setback is measured from the side lot line adjacent to
another private property to a line parallel to and measured perpendicularly from the
side lot lines at the depth prescribed for each zone.
C. Rear Yard Setback. The rear yard setback is measured from the rear lot line adjacent to
another private property or an alley to a line parallel to and measured perpendicularly
from the rear lot lines at the depth prescribed for each zone.
D. Corner Lots. For corner lots with two street frontages, setbacks from the addressed
street side shall conform to the front yard setback for the underlying zoning district. The
setbacks for the flanking side shall conform to the exterior side yard setbacks for the
underlying zoning district.
E. Pointed/Irregular Lot. For measurements on a pointed or irregular lot refer to definition
of lot line
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15.110.030 Building Height Plane.
A. Maximum Height. Any building or structure or portion thereof hereafter erected in any
use district shall not exceed the maximum height specified in the district, except as
provided in subsections C, D, and E of this section, or as enumerated elsewhere in the
MLUDC.
B. Building Height. The building or structure height is the vertical distance above the
reference datum from the highest point of the structure except as provided in
subsection F of this section. The reference datum shall be selected by either of the
following, whichever yields a greater height of building:
1. Commercial Zoning Districts. The reference datum shall be measured from the
average grade level of the building perimeter, except as provided below and as
enumerated in subsections D and E of this section:
a. The reference datum for buildings, structures or multi-building complexes
located not more than ten (10) feet below the established sidewalk and/or road
right-of-way shall be measured from the reference datum of the highest
adjoining sidewalk or public road right-of-way to a maximum of ten (10) feet; or
b. The reference datum for buildings, structures or multi-building complexes
located more than ten (10) feet below the highest grade of an adjoining
sidewalk or road right-of-way shall be measured from the average distance
between the highest grade of the adjoining sidewalk or public road right-of-way
and the finished grade of the building perimeter to a maximum of twenty (20)
feet.
c. The height of a stepped or terraced building is the maximum height of any
segment of the building.
2. Residential Zoning Districts. The reference datum shall be measured from the
average grade level of the building perimeter, except as provided in subsections D
and E of this section for multifamily and commercial buildings.
3. “Average grade level” means the average of the natural or existing topography of
the lot, parcel, or tract of real property which will be directly under the proposed
building or structure. Calculation of the average grade level shall be made by
averaging the ground elevations at the midpoint of all exterior walls of the proposed
building or structure.
4. “Natural or existing topography” means the topography of the lot, parcel, or tract of
real property in its natural state immediately prior to any site preparation or
grading, including excavation or filling.
C. General Aviation. Buildings, structures, or objects proposed to be located within one
mile of a general aviation airport shall be reviewed to ensure they do not penetrate any
of the airspace surfaces on or near a general aviation airport and meet the Airport
Overlay standards. The review authority shall deny any building, structure or object that
is determined to penetrate or otherwise obstruct airspace surfaces.
D. Shoreline Master Program. The height of any buildings, structures or objects proposed
to be located within the jurisdiction of the shoreline master program shall be subject to
the height restrictions as prescribed by the applicable shoreline regulations.
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E. Exemptions. The following types of structures or structural components are not subject
to the building height limitation of the MLUDC except the limitations on height as
outlined in subsections C, D, and E of this section:
1. Aerials, belfries, chimneys, church spires, fire and hose towers, flagpoles,
monuments, radio or television antennas, communication towers and associated
antennas, water towers, porticos, parapet walls, elevator shafts, and mechanical
systems; and
2. Other similar projections or architectural features that have no space able to be
occupied and do not directly or indirectly affect the use or occupancy of the primary
structure; and
3. Cupolas and domes that do not project higher than twenty percent (20%) of the
average height of the principal structure
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Chapter 15.120
GENERAL PROVISIONS
Sections:
15.120.010 Title.
15.120.020 Law of the City.
15.120.030 Severability and Validity.
15.120.040 Enforcement.
15.120.010 Title. This title shall be and may be cited as the Moses Lake Unified Development Code of
the City of Moses Lake Development Code of the City of Moses Lake, and shall be codified in
Title 15 of the Moses Lake Municipal Code. The Moses Lake Unified Development Code may
be cited by the abbreviation MLUDC.
15.120.020 Law of the City. The contents of the MLUDC shall be prima facie the law of a general and
permanent nature of the City of Moses Lake, State of Washington, and as such shall be
entitled to recognition by all administrative bodies and tribunals of the City, the State or any
of the political subdivisions or municipal corporations of the State, and by any court. Copies
of the MLUDC shall be received as the law of the City without further proof in all courts and
administrative tribunals of the county and State.
15.120.030 Severability and Validity. If any section, subsection, sentence, clause, or phrase of the
MLUDC is for any reason held by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remaining portions of the MLUDC. The City
Council of the City of Mose Lake hereby declares that should any section, paragraph,
sentence, or word of the MLUDC be declared for any reason to be void or unconstitutional,
on its face or as applied, it is hereby provided that all other parts of the same which are not
expressly held to be void or unconstitutional shall continue in full force and effect.
15.120.040 Enforcement. The applicable Department Director or designee has authority to enforce the
requirements of the MLUDC. Enforcement of the MLUDC shall proceed under the provisions
of Chapter 1.20 MLMC. Any approval, permit, certificate, or license issued in conflict with
the provisions of the MLUDC, intentionally or otherwise, may be suspended or revoked by
the Director. The Director and the City Attorney or designee may negotiate a settlement,
compromise, or otherwise dispose of an action when to do so would be in the best interest
of the City.
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Part 15.100 Administration Page 55 of 55
Chapter 15.125
ADMINISTRATIVE CODE INTERPRETATIONS
Sections:
15.125.010 Responsibility.
15.125.020 Procedure.
15.125.030 Rules of Construction.
15.125.010 Responsibility. It shall be the responsibility of the Director to review and resolve any
questions regarding the proper interpretation or application of the provisions of the MLUDC
pursuant to the procedures set forth in this Chapter. The Director’s decision shall be in
keeping with the spirit and intent of the MLUDC and of the Comprehensive Plan. The
Director’s decision shall be in writing and kept on permanent file.
15.125.020 Procedure. Any person may request in writing the Director’s interpretation of a code
provision of the MLUDC when it pertains to a specific property or project by means of a
Type I application pursuant to MLUDC Part 15.200. The Director may independently initiate
an interpretation of any conflicting or unclear provisions of the MLUDC.
15.125.030 Rules of Construction.
A. Guiding Principles. In interpreting the MLUDC, the Director shall adhere to the following
rules of construction in interpreting and applying the Code:
1. Meaning. All words used in the MLUDC shall have their normal and customary
meaning, unless specifically defined in the MLUDC.
2. Tense. Words used in the present tense include the future tense.
3. Plural. The plural includes the singular and vice versa.
4. Mandatory. The words will and shall are mandatory.
5. Permissive. The word may is permissive.
6. Gender. The masculine gender includes the feminine and vice versa.
7. Context. In determining the meaning of a word as used in the Code, regard shall be
made for the context in which the word is used.
8. Specification. General terms which follow specific terms are limited to matters
similar to those specified.
9. Exclusion. Express mention of one thing implies exclusion of another.
10. Antecedent. A qualifying phrase refers back both grammatically and legally to the
last antecedent.
11. Conjunctions. The word “or” may include “and”.
12. Superfluous words. No clause or individual words of the Code should be deemed
superfluous.
13. Binding case law. Other applicable rules of construction employed by Washington
appellate courts in interpreting legislative enactments shall apply.
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Chapter 15.315
BOUNDARY LINE ADJUSTMENT
Sections:
15.315.010 Boundary Line Adjustment Application.
15.315.020 Boundary Line Adjustment Approval Process.
15.315.030 Boundary Line Adjustment Approval Criteria.
15.315.040 Boundary Line Adjustment Final Approval.
15.315.010 Boundary Line Adjustment Application. Applications for a boundary line adjustment shall
contain the following:
A. A completed application form signed by the property owners or authorized
representative of all parcels in the boundary line adjustment.
B. Application Fee.
C. A Record of Survey meeting the requirements of WAC 332-130 and Chapter 58.09 RCW.
D. A separate site plan map of both the existing and proposed property line configuration
that contains the following:
1. A vicinity map that clearly marks the site in relation to the nearest major streets,
roads, and waterways in the area;
2. A map at scale which depicts the existing property configuration, including all lot
lines, dimensions, and lot area.
3. The location and dimensions of all structures or improvements existing upon the
affected lots and the distance between such structures or improvements and the
existing and proposed boundary lines.
4. The location and dimensions of any easements within or adjacent to the affected
lot(s).
5. The location, dimensions, and names of all existing or platted street rights-of-way,
whether public or private, within or adjacent to the affected lots.
6. The location of all existing and proposed water, sewer and storm drainage facilities,
on-site wastewater disposal systems, drainfields, and wells.
7. The location of access to all affected lots.
8. A north arrow and bar scale.
E. The original legal descriptions of all affected properties, together with new separate
legal descriptions for each parcel resulting from the adjustment on the Record of Survey
prepared by a licensed professional engineer or professional land surveyor.
F. If an existing on-site sewage (septic tank) disposal system or well will continue to be
used on an affected property after the boundary line adjustment, where City code does
not require connection to the City’s municipal sewer or water system, the Applicant
shall provide written verification from the Grant Public Health District that the proposed
lot is adequate to accommodate an on-site sewage disposal system or well.
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Part 15.300 LAND DIVISION Page 2 of 8
15.315.020 Boundary Line Adjustment Approval Process. The Director shall approve or deny an
application for a boundary line adjustment by means of a Type I decision, pursuant to
MLUDC 15.205.040, using approval criteria contained in MLUDC 15.315.030.
15.315.030 Boundary Line Adjustment Approval Criteria. The following criteria shall be used to review
and approve boundary line adjustments:
A. The boundary line adjustment shall not result in the creation of any additional lot, tract,
parcel, site, or division.
B. The boundary line adjustment shall not create a lot or unplatted tract that does not
meet the requirements of the MLUDC, including but not limited to dimensional
requirements.
C. The boundary line adjustment shall not increase the nonconforming aspects of an
existing nonconforming lot or structure.
D. The boundary line adjustment will not diminish or impair existing or future drainage,
water supply, sanitary sewage disposal (including on-site sewage disposal), or legal
access.
E. The boundary line adjustment shall not violate or be inconsistent with any conditions of
approval for a previously filed land use action, subdivision, short plat, or binding site
plan.
F. The boundary line adjustment shall not result in a lot having more than one land use
designation or zoning or result in being bisected by any special overlay.
G. The boundary line adjustment shall not result in a lot, or lots, not wholly located within
the City limits.
H. Shall not result in a lot which would be so constrained by topography, critical areas or
buffers, unusual shape, or other site conditions that a reasonable building site cannot be
obtained except through a variance, reasonable use exemption from a critical areas
permit, or other special exemption from the MLUDC.
15.315.040 Boundary Line Adjustment Final Approval and Recording. The City will provide a decision in
writing to the Applicant. The Department shall record approved boundary line adjustments
and eliminations with the Grant County Auditor’s Office after an Excise Tax Affidavit has
been submitted by the Applicant. All fees for such recording shall be paid by the Applicant.
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Part 15.300 LAND DIVISION Page 3 of 8
Chapter 15.320
BINDING SITE PLAN
Sections:
15.320.010 Authority.
15.320.020 Binding Site Plan Application.
15.320.030 Binding Site Plan Approval Process.
15.320.040 Binding Site Plan Approval Criteria.
15.320.050 Binding Site Plan Final Approval.
15.320.060 Binding Site Plan Design and Development Standards.
15.320.070 Surety In Lieu of Construction.
15.320.080 Binding Site Plan Compliance.
15.320.090 Administrative Approval of Individual Lots.
15.320.100 Alteration of Approved Binding Site Plan.
15.320.010 Authority. A Binding Site Plan provides an alternative method of dividing land for specific
types of development. The binding site plan shall only be applied for the purpose of dividing
land for:
A. Commercial or Industrial Zoned Property. Sale or for lease of commercially or
industrially zoned property as provided in RCW 58.17.040(4).
B. Leases of Mobile Homes, Tiny Houses, Recreational Vehicles, or Travel Trailers. A
division for the purpose of lease as provided in RCW 58.17.040(5) when no other
structure other than manufactured homes, tiny houses, recreational vehicles, or travel
trailers are permitted to be placed upon the land, so long as the site plan complies with
the requirements of the MLUDC.
C. Condominiums. Condominiums as provided in RCW 58.17.040(7).
15.320.020 Binding Site Plan Application. Applications for a binding site plan shall contain the
following:
A. A completed application form signed by the property owners or authorized
representative of all parcels in the binding site plan.
B. Application Fee.
C. Environmental Checklist.
D. Preliminary binding site plan prepared by a licensed architect, engineer, or land
surveyor including the following elements:
1. The name of the proposed binding site plan; the legal description of the property for
which binding site plan approval is sought; the date on which the plans were
prepared; the graphic scale and north point of the plan.
2. All existing and proposed easements and public or private roads, including adjacent
streets; all existing structures; elevations shown by contour lines at intervals of five
feet or less for ground slopes exceeding three percent; approximate location of all
natural features including but not limited to critical areas.
3. The location, description, and proposed phasing of all facilities proposed to serve
the development:
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Part 15.300 LAND DIVISION Page 4 of 8
a. Interior and exterior roadway network;
b. Water and sewerage facilities;
c. Stormwater drainage facilities;
d. Sidewalks and streetlights;
e. Fire protection devices with sufficient water storage and flows;
f. Landscaping plan including buffers where required by MLUDC Chapter 15.720;
and
g. Any lot(s) to be created as a part of the original binding site plan.
E. A title report dated not later than thirty (30) days prior to the date of the application
showing the name of anyone with an interest in all parcels in the binding site plan.
F. Preliminary engineering plans including, but not limited to, water, sewer, streetlights,
roads, storm drainage, and sidewalks, and a schedule of construction and proposed
phasing of improvements if the Applicant intends to develop the site in phases.
G. Draft covenants and restrictions for the development including provisions for long-term
maintenance for areas and facilities under common ownership.
15.320.030 Binding Site Plan Approval Process.
A. Decision Type. The Director shall approve, approve with conditions, or deny an
application for a binding site plan by means of a Type II decision, pursuant to MLUDC
15.205.050, using approval criteria contained in MLUDC 15.320.040.
B. Department Review. Upon receiving a complete application for binding site plan
approval, the Director shall transmit a copy of the binding site plan, together with copies
of any accompanying documents as the Director deems appropriate, to other
appropriate City Departments, as well as any interested outside agencies, to determine
the project’s conformance with City policies, codes, and development standards. The
City’s SEPA review shall generally occur concurrently with departmental review of the
binding site plan, unless circumstances warrant other procedures.
C. Final Binding Site Plan Approval. No sale, lease, or transfer of any lot proposed by the
binding site plan shall occur until a final binding site plan is approved and recorded with
the Grant County Auditor’s Office in accordance with MLUDC 15.320.050. The final site
plan shall be submitted within one (1) year of the date of approval or the binding site
plan shall be expired.
15.320.040 Binding Site Plan Approval Criteria. The Director shall consider the application materials,
the recommendations of reviewing departments and outside agencies, and any comments
submitted upon the proposal, and determine whether the proposal meets the following
standards:
A. Consistent with the comprehensive plan and compliant with the municipal code,
including but not limited to the standards contained in MLUDC 15.320.060;
B. Includes appropriate provisions for the public health, safety and general welfare; open
space; storm drainage; streets or roads; alleys; sidewalks and trails; transit stops; and
other public ways; open space; potable water supplies; fire protection; and sanitary and
solid waste disposal and as otherwise set forth in RCW 58.17.110; and
C. Provides required mitigation measures imposed as a part of the SEPA review.
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Part 15.300 LAND DIVISION Page 5 of 8
15.320.050 Binding Site Plan Final Approval. When all conditions of the binding site plan approval are
met, including but not limited to the installation of all required improvements, the Applicant
shall submit the final binding site plan together with the fee set forth in the adopted fee
schedule to the Department for processing and recording. The final binding site plan shall
include the following:
A. Binding Site Plan Maps. Two (2) mylar drawing(s), one (1) reproducible copy, one (1)
digital copy of the map(s) of the final binding site plan prepared by a registered land
surveyor of the State of Washington, showing the same information as required under
MLUDC 15.320.040, modified to include:
1. All changes made pursuant to the conditions of binding site plan review and
approval;
2. A certificate from the County Treasurer indicating that all taxes on the property
included in the binding site plan or dedication have been paid;
3. A certificate from the City Finance Director indicating that all assessments on the
property included in the binding site plan or dedication have been paid; and
4. Signature blocks for approval by the Director, City Engineer, City Building Official,
and the City Manager, and date thereof, when the development complies with all
conditions.
B. Surveyor’s Declaration. A declaration by a licensed land surveyor shall be placed on the
above binding site plan map and shall certify that the binding site plan as shown on the
maps is based on an actual field survey of the land described and that all corners and
dimensions are correctly shown and that said record survey is staked on the ground as
indicated hereon.
C. Uninstalled Improvements. If required improvements have not been completed,
security shall be provided as per MLUDC 15.320.070, and such condition shall be stated
on the final binding site plan map.
D. Condominium Declaration. All binding site plans for condominiums shall include the
declaration required by RCW 58.17.040(7).
E. Covenants. The binding site plan shall include the covenants required under MLUDC
15.320.060(F).
Upon approval of the final binding site plan, the Department shall record the final binding
site plan with the Grant County Auditor’s Office. All fees for such recording shall be paid by
the Applicant.
15.320.060 Binding Site Plan Design and Development Standards.
A. Streets—Realignment, Dedication, or Widening. If the City concludes that street right-
of-way adjacent to and within a proposed binding site plan is inadequate, as determined
by the Comprehensive Plan, traffic impact study, or the Community Street and Utility
Standards, then the City shall require a dedication of necessary right-of-way and
improvement of that right-of-way and provision of attendant traffic control devices. All
public streets shall meet the requirements set forth in MLUDC Chapter 15.325. All other
internal roads within the proposed binding site plan shall be privately held and
maintained by the property owners.
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B. Landscaping. All binding site plans shall meet the requirements set forth in MLUDC
Chapter 15.720.
C. Parking. The binding site plan shall provide for parking in compliance with the
requirements set forth in MLUDC Chapter 15.715.
B. Fire Protection. Hydrants shall be installed as required by the City Fire Chief. Water
pressure and flow shall be adequate to provide for fire protection to all areas of the site.
C. Access. The site design shall provide for joint access easements and lot configurations
which will reduce the number of ingress/egress points from existing City, County, or
State roads or street. Adequate access for emergency services shall be included to each
lot.
D. Pipe Utilities. Provision shall be made for adequate storm drainage improvements,
sanitary sewer improvements, water improvements, and associated easements.
Easements and cross-easements for utilities shall be provided as necessary. Provision for
utility line extension beyond the boundary of the project may be required, along with
any necessary easements for maintenance, or dedications. All public improvements shall
meet the requirements set forth in MLUDC Chapter 15.325.
E. Wire Utilities. All projects shall have all power lines, telephone wires, television cables,
fire alarm systems, and other communication wires, cables, or lines placed
underground. All such underground installations or systems shall be approved by the
appropriate utility company. If the appropriate utility company determines that an
underground system, as required above, cannot reasonably be installed according to
accepted engineering practices, this requirement may be waived upon receipt of a
written notice from such utility to the Director. Utility easements shall be provided
within a proposed binding site plan and shall be approved by the appropriate utility
company before final acceptance of the binding site plan and shall be shown in their
exact location on the final drawing of such plan. All public improvements shall meet the
requirements set forth in MLUDC Chapter 15.325.
F. Covenants and Restrictions. All development within a binding site plan shall be
governed by covenants and restrictions, reviewed and approved by the Director and City
Attorney prior to final approval. At a minimum, the covenants and restrictions shall:
specify standards for construction and design; control operational standards and
impacts of various uses; specify maintenance and easement of responsibilities and
obligations; and provide a mechanism for enforcement of the covenants and
restrictions. These covenants and restrictions shall be recorded and referenced on the
face of the final binding site plan and attached as a permanent deed restriction to each
lot within the binding site area.
15.320.070 Surety In Lieu of Construction.
A. Improvement Agreement. Prior to final approval of the binding site plan, the Applicant
shall either install all required improvements and repair any existing streets or other
facilities damaged in the development of the binding site plan or execute and file an
agreement with the City specifying the period acceptable to the Director within which
the Applicant shall complete all required improvement work to the satisfaction of the
Director and City Engineer. If the Applicant shall fail to complete such work within such
period the City may complete the same and recover the full cost and expense thereof
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Part 15.300 LAND DIVISION Page 7 of 8
from the Applicant or the Applicant’s security. The agreement shall also provide for
inspection of all improvements by the City.
B. Surety. The Applicant shall file with the improvement agreement a performance bond in
an amount deemed sufficient by the Director to cover one hundred fifty percent (150%)
of the estimated costs of such improvements. The estimated cost shall be provided by
the Applicant’s engineer and shall be approved by the City Engineer. Such bond shall be
by a security company authorized to transact a security business in the state and shall
be on a form approved by the Director. In lieu of a performance bond, the Applicant
may deposit with the City Finance Director, cash bonds, savings deposit books,
certificates of deposit, or other security, all in forms acceptable to the Director and in an
amount approved by the City Engineer.
C. Forfeiture of Security. In the event the Applicant fails to complete all improvement
work in accordance with the provisions of this Chapter and the improvement agreement
and the City shall have to complete the same, the City shall call upon the security for
reimbursement or shall appropriate, from any cash deposit, funds for reimbursement. If
the amount of security bond or cash deposit shall exceed all costs and expenses
incurred by the City it shall release the remainder of such bond or cash deposit and if
the amount of the security bond or cash deposit is less than the cost and expense
incurred by the City the Applicant shall be liable to the City for such difference.
D. Certificate of Occupancy. A Certificate of Occupancy shall not be issued for buildings
that are permitted on binding site plans that have a bond or alternate security
attachment until any required public improvements serving the building has been
constructed to Community Street and Utility Standards and accepted by the City Council
and any required private improvements have been constructed to the standards set
forth in the final binding site plan.
15.320.080 Binding Site Plan Compliance. A commercial or industrial binding site plan authorizes a sale
or transfer of a parcel. The binding site plan and all of its requirements shall be legally
enforceable on the purchaser or other person acquiring ownership of the parcel. Mobile
home, tiny house, recreational vehicle, or travel trailer park binding site plans do not
authorize the sale or transfer of ownership of a parcel of the binding site plan. The sale or
transfer of such parcel in violation of the binding site plan, or without obtaining a binding
site plan approval, is an illegal act in violation of state law and may be restrained by
injunctive action.
15.320.090 Administrative Approval of Individual Lots. Once the final binding site plan is recorded, the
creation of individual lot(s) other than lots established by the recorded binding site plan may
be administratively approved as a Type I decision. The Applicant shall submit a completed
application form and the required application fee to the Department. The application must
include the following:
A. Survey Required. The proposed lot(s) created must be surveyed by a licensed land
surveyor and the legal description for the lot must be prepared by the surveyor in
accordance with the Survey Recording Act (Chapter 58.09 RCW). All parties having an
ownership interest in the property shall sign the exemption application and the survey.
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Part 15.300 LAND DIVISION Page 8 of 8
B. Compliance with Binding Site Plan. The lot(s) to be created meet the requirements set
forth in the recorded final binding site plan.
C. Minimum Lot Size. The lot(s) meet the minimum lot size in the zoning district.
The City will provide a decision in writing to the Applicant. The Department shall record the
approved survey containing the above information with the Grant County Auditor’s Office.
All fees for such recording shall be paid by the Applicant. No sale, lease, or transfer of any
created lot shall be completed prior the recording of the approved survey.
15.320.100 Alteration of Approved Binding Site Plan.
A. Alteration. Alteration of a recorded binding site plan shall be accomplished by
submitting a new binding site plan application to the Director. The amended binding site
plan shall comprise the entire original binding site plan, with the revised parcels shown
clearly on the survey for the altered binding site plan. The altered binding site plan shall
be processed subject to all the procedures and requirements of this Chapter.
B. Minor Modifications. Minor modifications to the approved binding site plan may be
allowed if the Director determines such modifications are necessary because of
unforeseen technical problems and such modifications comply with the spirit and intent
of the approval and will not be detrimental to the public health, safety, or welfare, or
injurious to other properties in the area. Examples of minor modifications are, but are
not limited to:
a. Modification of lot lines which do not violate any development codes or regulations
of the city or this chapter;
b. Reconfiguration of parking lots or landscape areas that are approved by the city
planning director;
c. Relocation of fire protection improvements that would conform to City regulations
and are approved by the Fire Department;
d. Relocation of utilities that would conform to City regulations as approved by the City
Engineer;
The City will provide a decision in writing to the Applicant. The Department shall record
the approved minor modification in a written statement and illustrated on appropriate
maps and mylars prepared by the Applicant with the Grant County Auditor’s Office. All
fees for such recording shall be paid by the Applicant.
C. Vacation. The City may rescind all or a portion of a final binding site plan upon the
request of the owner or owners of a legal lot or lots subject to a recorded binding site
plan; provided, that any portion of a binding site plan which is rescinded shall be
considered to be one lot unless divided by an approved subdivision or short division.
D. Owner Signatures. Signatures of the owners of those portions of a binding site plan
which are not proposed to be altered by an amendment or rescission are not required
on the amended binding site plan or application for rescission
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Chapter 15.605
CHILDCARE, ADULT CENTERS, AND DAYCARE CENTERS
Sections:
15.605.010 Day Care Defined.
15.605.020 General Provisions.
15.605.010 Day Care Defined. Day Care includes varied establishments for group care of nonresident
adults or children. Specifically:
A.Day Care shall include child day care services, adult day care centers, and the following:
1.Adult day care, such as adult day health centers or social day care as defined by the
Washington State Department of Social and Health Services;
2.Nursery schools for children under minimum age for education in public schools;
3.Privately conducted kindergartens or pre-kindergartens when not a part of a public
or parochial school; and
4.Programs covering after-school care for school children.
B.Day Care establishments are subclassified as follows:
1. Day Care I: a maximum of 12 adults or children in any 24-hour period; and
2.Day Care II: over 12 adults or children in any 24-hour period. Day care II is
considered a day care center and does require a Conditional Use Permit (Type III
Review) as stated in MLUDC Chapter 15.225.
15.605.020 General Provisions. The following applies to the Day Care:
A.Business License Required. A City of Moses Lake Business License Endorsement is
required for all daycares located within the City of Moses Lake.
B.Day Care I. Day Care I shall be processed as a Type I permit.
C.Day Care II. Day care II shall be processed as a Type III permit and shall require the
following minimum conditions:
1.Forty feet (40) of frontage on a public street to accommodate for loading unless
alternative locations can be provided and approved by the Director.
2.One (1) off-street parking space per employee, and one (1) off-street loading space
(ten (10) feet by twenty (20) feet) for every five (5) children beyond the first twelve
(12)children;
3.One hundred fifty (150) square feet of fenced outdoor play space per child,
exclusive of garage area, located in the rear or side yards;
4.Fifty (50) square feet of interior floor space per child;
5.Hours of operation shall be between 6:00 a.m. and 9:00 p.m.;
6.Licensing shall be in accordance with Department of Social and Health Services
regulations;
7.Approval by the Building Official that the facility meets the requirements of the
International Building Code;
8.Confirmation by the Fire Department that the facility meets the requirements of
Chapter 212-12 WAC; and
9.No structural or decorative alternative, which will alter the single-family character of
an existing or proposed residential structure or be incompatible with surrounding
residences is permitted.
D.Passenger Loading Area. A safe passenger loading area must be provided for both Day
Care I and Day Care II.
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Part 15.600 Special Use Standards Page 2 of 5
Chapter 15.630
HOME OCCUPATION
Sections:
15.630.010 Home Occupation Defined.
15.630.020 General Requirements.
15.630.030 Table of Permitted Home Occupations.
15.630.040 Application Requirements.
15.630.050 Unclassified Home Occupations.
15.630.060 Home Occupations Not Permitted.
15.630.070 Denial of Application for a Home Occupation.
15.630.080 Revocation of Home Occupation Permit.
15.630.0890 Appeal.
15.630.010 Home Occupation Defined. A home occupation is the accessory use by a person of a
dwelling unit or structure on the same lot in a residential district where the person resides
for gainful employment involving the manufacture or provision of goods or services for sale,
or the administrative office for an occupation conducted away from home. A home
occupation whose primary purpose is the display and sales of retail goods is prohibited.
15.630.030 General Requirements.
A. Maximum Square Footage. Home occupations shall occupy not more than four hundred
(400) square feet total.
B. Performance Standards. Home occupations shall emit no noise, air pollutants, waste
products, or other effects detrimental to the environment or the neighborhood beyond
those normally emanating from residential use. Further, any occupation which may
produce waste products of a quality or quantity not normally associated with residential
use shall not qualify as a home occupation.
C. Compliance with Laws. Home occupations shall comply with all other local, state, or
federal regulations pertinent to the activity pursued, and the requirements or
permission granted or implied by this Chapter shall not be construed as an exemption
from such regulations.
D. Business License. Any person engaging in a home occupation shall register as a business
under Chapter 5.05 MLMC.
E. Structural Alterations. Structural alterations made to accommodate a home occupation
shall be similar in material and style to the principal structure.
F. Exterior Display. No merchandise or stock in trade may be sold, displayed, or stored on
any portion of the exterior of the premises.
G. Exterior Storage. No equipment or material may be stored, altered, or repaired on any
exterior portion of the premises.
H. Limit on Number of Employees. No more than one personpersons other than bona fide
residents of the dwelling unit may be employed in the home occupation at the site.
I. Limit on Traffic. Traffic generated by home occupations shall not exceed two (2)
commercial vehicles per week. Customer or client traffic generated by the home
occupation shall not be of a greater volume than is customary in the neighborhood in
which the home occupation is located.The maximum number of vehicles trips per day
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for the home occupation shall not exceed twenty (2) vehicle trips by customers, clients,
or off-site employees. As used here, a trip is considered either the arrival or the
departure of a vehicle from the household. For example, one vehicle making a delivery
and then leaving immediately would be considered two trips. This limitation shall not
apply to Day Care I uses.
J. Parking. Parking of customers’ or clients’ vehicles shall create no hazard or unusual
congestion. Parking of customers’ or clients’ vehicles shall be off-street.
K. Incidental Use. The home occupation shall be incidental and subordinate to the
principal use of the structure as a dwelling.
L. Use of Utilities. The home occupation shall not increase the water or sewer use so that
the combined total use for the dwelling and the home occupation is significantly more
than the average for residences in the neighborhood.
M. Mechanical Equipment. No mechanical equipment shall be permitted except that which
is normally associated with residential uses.
N. Signs. See MLUDC Chapter 17.735, Signs.
O. Harmony with Surrounding Neighborhood. In granting approval for a home occupation,
the reviewing official may attach additional conditions to ensure the home occupation
will be in harmony with, and not detrimental to, the character of the residential
neighborhood.
P. Inspection. Any home occupation authorized under the provisions of this MLUDC shall
be open to inspection and review at all reasonable times by enforcement officials for
purposes of verifying compliance with the conditions of approval and other provisions of
this code.
15.630.040 Table of Permitted Home Occupations.
Table 15.630.040 – Permitted Home Occupations
and Level of Review
Business Type Level of Review
Accountant 1
Architect 1
Artist, arts and crafts 1
Attorney 1
Author 1
Bakery, off-site sales 1
Barbershop, beauty parlor 2
Business administration 1
Caterer 1
Ceramics and sculpting 1
Composer 1
Computer programmer/data
processing 1
Consulting services (engineer,
planner, financial, tax, etc.) 1
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Daycare (In-Home)Day Care I
(see MLUDC Chapter: 15.610) 2
Direct sales/product
distribution 1
Dog grooming 2
Dressmaker, seamstress, tailor 1
Drafting and graphic 1
Engineer 1
Flower arrangement 1
Insurance agent 1
Locksmith 1
Photographer (not including
productions studio) 1
Physician 1
Mail/phone/internet order 1
Music teacher 1
Production of small articles by
hand without the use of
automated or production line
equipment
1
Real estate agent 1
Tutor 1
Typing/secretarial service 1
Watch/clock repair 1
Unclassified home occupations See MLUDC
15.630.060
1 = Permitted Home Occupations Type I Review
2 = Permitted Home Occupations Type II Review
3 = Permitted Home Occupations Type III Review
15.630.050 Application Requirements. In addition to the general application requirements of the
designated review level, Applicants for a home occupation permit must submit a written
explanation of their proposal, detailing items such as anticipated traffic generation, hours of
operation, proposed signage, the nature of the proposed business, and other information as
required by the Director.
15.630.060 Unclassified Home Occupations. Home occupations not listed in the Table of Permitted
Home Occupations and Section MLUDC 15.630.070 shall be reviewed and classified by the
Director; provided, any unclassified home occupation permitted after review and
classification by the Director in a particular zone district shall be allowed only as a Level II or
III use.
15.630.070 Home Occupations Not Permitted.
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A. Prohibited Home Occupations. The following uses, by the nature of their operation or
investment, have a pronounced tendency, once started, to increase beyond the limits
permitted for home occupations, or to generate nuisance conditions, and impair the use
and value of a residentially zoned area for residential purposes. Therefore, the uses
listed below shall not be permitted as home occupations:
1. Ambulance service;
2. Vehicle or engine repair, alteration, or rebuilding;
3. Antique shop or gift shop;
4. Kennel;
5. Veterinary clinic or hospital;
6. Painting of vehicles, trailers, or boats;
7. Large appliance repair including stoves, refrigerators, washers and dryers;
8. Upholstering;
9. Machine and sheet metal shops;
10. Martial arts school;
11. Woodcutting for the purpose of selling or bartering firewood;
12. Brewing, distilling or winemaking for other than personal consumption;
13. Cabinet, carpentry work;
14. Dentist;
15. Radio and television repair;
16. Small engine repair;
17. Vehicle washing, cleaning or detailing.
15.630.080 Denial of application for a home occupation. An application for a home occupation shall be
denied if the approving authority finds that either the application or record fail to establish
compliance with the provisions of this Chapter. When any application is denied, the
approving authority shall state the specific reasons, and shall cite the specific provisions and
sections of the MLUDC on which the denial is based.
15.630.090 Revocation of Home Occupation Permit. Upon inspection of the premises, receipt of a
written complaint, or during review of the permit, the Director may revoke a home
occupation permit approval if the conditions of approval have not been complied with or
the home occupation is otherwise conducted in a manner contrary to this Chapter. Any
written complaints will be investigated by the Director and the home occupation operator
shall have a reasonable opportunity to provide a written response to the complaint prior to
final action by the Director. The final decision of the Director may be appealed by the home
occupation operator by filing a written notice with the City Manager within ten (10) business
days after the date of the revocation decision.
15.630.100 Appeal. Decisions regarding home occupations may be appealed to the appropriate
appellate body as prescribed in MLUDC Chapter 20.215.
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