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1762_00001ORDINANCE NO.1762 ANORDINANCE AMENDINGCHAPTER18.16OF THE MOSES LAKE MUNICI- PAL CODE ENTITLED "R-1,SINGLE FAMILYRESIDENTIAL ZONE" THE CITY COUNCIL OF THE CITYOF MOSES LAKE,WASHINGTON DO ORDAINAS FOLLOWS: Section 1.Chapter 18.16 of the Moses Lake Municipal Code entitled "R-1,Single Family Residential Zone"is amended as follows: 18.16.020 Permitted Uses:Hereafter intheSingleFamily Residential Zone,no building,structure,or landshallbeusedandnobuildingorstructureshallbeerected,altered,enlarged,or relocated thereinwhich is designed or intended to be used for any other than the following outrightpermittedusesorasaconditionaluse.Outrightpermitted uses or conditional uses in theSingleFamilyResidentialZoneshallbeincompliancewiththeconditions,the performance standards,and bulk regulationsof thischapter. A.OutrightPermittedUses: 1.Single family dwelling units,including a.Single family detached dwelling units. b.Single family dwellingunits sharing a commonwallor attachment on twolots of record. c.Condominiums-singlefamily attached dwelling units developed as a horizontal regime in compliancewith Chapter 18.67 of this title entitled "Planned Develop- ment District." d.Factory built structures not on a permanent chassis. 2.Subordinate Uses -Any use which is incidental and subordinate to the principal useofthelandorbuilding;is located on the same lot withthe principal uses;and is nototherwiseprohibited. 3.Accessory buildings and/orstructures appurtenanttoany permitted uses in compliance with Section 18.16.040 of thischapter. 4.Factory-built housing constructed to the standards of the Uniform BuildingCode. 5.Keeping of householdpets (dogsand cats)not exceeding three(3)in numberwhich are four (4)months old or older. 6.Planned Development Districts in compliance with Chapter 18.67 ofthis title. 7.Home occupations in compliance with Chapter 18.55 of thistitle. 8.Parks and non-commercial recreational uses. 9.An accessory dwelling unit intended to accommodate a member(s)ofthe immediatefamilyrequiringdailycare,supervision,or guardianship in compliance with Section18.16.190 ofthis chapter entitled Residential Density. 10.Other unmentioned uses ruled by the Planning Commission to be similar to andcompatiblewiththespecifiedpermitteduses. 11.Family day care homes as an accessory use to a private familyresidence providingcareduringpartofthetwenty-four(24)hour day to six (6)or fewer children.FamilydaycarehomesshallbelicensedbytheStateofWashington,Department of SocialandHealthSST¥ices and shall operate in compliance with the licensed capacityrequirementsforfamilydaycarehomes.A city business license shall be required. O B.ConditionalUses:The following uses may be permitted by the Planning CommissionasaconditionaluseincompliancewiththeprovisionsofthischapterandChapter18.51 ofthistitleentitled"Conditional and Unmentioned Uses." 1.Cemeteries 2.Churches and church structures or additions which may exceed thirtyfeet (30')inheight 3.Essential public services and utilities including buildings and structures. 4.Golf courses ORD,1762 5.Other unmentioned uses ruled by the Planning Commission tobe a conditionaluse PAGE2 provided thatthe use shall be similar to and compatible with the expressed permitted and conditionaluses. 6.Rental ofan apartment appurtenant to a single family residence 7.Schools 8.Mini Day Care Facility and Day Care Center: a.Mini Day Care Facility:A day care facility for the care of from seven (7)throughtwelve(12)childrenin the family abode of the person holding the license issued by the State of Washington,Department of Social and Health Services.Ob.Day Care Center:A day care facility that providesfor the care of from thirteen (13)throughtwenty(20)childrenin the familyabode of the person holding thelicenseissuedbytheStateofWashington,Department of Social and Health Services. c.Requirements:Mini day care facilities and day care centers shall be in compli- ance with thefollowing requirements: 1)Outdoorplay areas shall not be located in front yards. 2)One (1)on-site parking space is required for each employee in addition to required resident parking. 3)An on-site,off-street loading and unloading area shall be required. 4)A citybusiness license shall be required. 5)Signage shall not be permitted. 6)No structural or decorative alteration which would alter the character or be incompatible with thesurrounding residences shall be permitted. 7)The use and structures shall be in compliance with zoning regulations and UniformBuilding Code requirements. 8)Miniday care facilitiesand day care centers shall be licensed by theState of Washington,Department of Social and Health Services and shall operate in compliancewiththelicensed capacityrequirementas determinedby the State of Washington,Department of Social and Health Services except that day care centers shall operate in compliance with the capacity requirements as stipulated in thissection. 9)The Planning Commission may impose conditions to mitigate any potential adverse impacts on the surrounding area. 10)Notification and agreement of adjacent property owners ofan applicationfor a day care facility. 18.16.240 Building Heights: A.No building or structure shall exceed thirtyfeet (30')in height except structures,other than detached accessory buildings,may be constructed up to thirty-fivefeet (35')in height under the conditions set forth herein: 1.The interior side yard setback must be at least ten feet (10')with one (1)additional foot of setback for each additional foot of building height over thirtyfeet (30'). 2.A minimum lot size of twelve thousandfive hundred (12,500)square feet. 3.AIIfront,rear,and exterior setbacks shall remain as provided in Section 18.16.090. B.The following structures are exempted from the building height restriction and may be erected higher than thirtyfeet (30')so long as the structure permitted is a distance from all propertylines not less thanits height and it meets anyadditional conditions as noted: 1.Church spires,steeples,and bell towers 2.Flag poles 3.Non-commercial antennas and towersrelated to wireless transmissions and relays,if permitted by law,so long as thosetowersare nohigher thannecessary to reasonably accommodate the use including the use of the shortest structure possible and crank up or telescopingdevises are used whenever possible. ORD.1762PAGE3 4.Water reservoirs Section 2.This ordinance shall take effect and be in force five (5)days after its passage and publicationofitssummaryasprovidedbylaw. Adopted by theCity Council and signed by its Mayor on March25,1997 ATTEST:Mayo Finance Director APPROVEDAS TO FORM: QÀyAttomey PUBLISHED:3/28/97 0 9