1764_00001ORDINANCE NO.1764
AN ORDINANCE AMENDING CHAPTER 18.22 OF THE MOSESLAKEMUNICI-
PAL CODE ENTITLED "R-3,MULTI-FAMILYRESIDENTIAL ZONE"
THE CITY COUNCIL OF THECITY OF MOSES LAKE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Chapter 18.22 oftheMoses Lake Municipal Codeentitled"R-3,Multi-Family Residential Zone"
is amended as follows:
18.22.020 Permitted Uses:Hereafter in theMulti-family Residential Zone,no building,structure,or landshallbeusedandnobuildingorstructureshallbeerected,altered,or relocated herein which
is designed or intended tobe used for any other than the following outright permitted uses or
as a conditional use.Outrightpermitted uses or conditional uses in theMulti-family Residential
Zone shall be in compliance with the conditions,the performance standards,and bulkregulationsofthischapter.
A.OutrightPermitted Uses:
1.Multi-familydwellingunitstructure-a structure containingmorethantwodwelling units
on a single lot
2.Duplex -a structure on one lot of record containing two(2)dwelling units.
3.Single family dwelling units,including
a.Single family detached dwelling units.
b.Single family dwelling units sharing a commonwallor attachment on twolots ofrecord.
c.Condominiums -single family attached dwelling units developed as a horizontalregimeincompliancewiththerequirementsofthischapterorincompliancewith
Chapter 18.67 of thistitleentitled "Planned Development District."
4.Subordinate Uses -any use which is incidental and subordinate to the principaluseofthelandorbuilding;is located on the same lot with the principal use;and is not
otherwise prohibited.
5.Accessory buildings and/orstructures appurtenanttoany permitted uses incompliance
with Section 18.22.040 ofthischapter.
6.Factory-built housingconstructed tothe standards of theUniformBuildingCode.
7.Manufacturedhomes
8.Keeping of household pets (dogsand cats)not to exceed three(3)in number which
are four (4)months old or older.
9.Planned Development Districts in compliance withChapter 18.67 of this title,entitled"Planned Development Districts."
10.Parks and non-commercialrecreational uses.
11.Home occupations in compliancewith Chapter 18.55 of thistitle.
12.An accessory dwelling unitintended toaccommodate a member(s)ofthe immediatefamilyrequiringdailycare,supervision,or guardianship in compliance with Section18.22.210 ofthis chapter entitled "Residential Density."
13.Other unmentioned uses ruled by the Planning Commission to be similar to andcompatiblewiththespecifiedpermitteduses.
O 14.Family day care homes as an accessory use to a private family residence providingcareduringpartofthetwenty-four(24)hour day to six (6)or fewer children.FamilydaycarehomesshallbelicensedbytheStateofWashington,Department of SocialandHealthServicesandshalloperateincompliancewiththelîcensedcapacityrequirementsforfamilydaycarehomes.A citybusiness license shall be required.
B.ConditionalUses:The followinguses may be permitted by thePlanning CommissionasaconditionaluseincompliancewiththeprovisionsofthischapterandChapter18.51 ofthistitleentitled"Conditionaland UnmentionedUses."
1.Golf Courses
2.Cemeteries
ORD.1764Rg.2 3.Manufactured home parks in compliance with Chapter 18.65 of this code entitled"Manufactured)Home Parks."
4.Clubs,lodges,and assembly halls
5.Athletic clubs
6.Boardinghouses
7.Grouphomes for thedevelopmentally disabled
8.Schools
9.Churches and church structures or additions which may exceed thirtyfeet (30')in
height
10.Clinics
11.Professional offices
12.Rental of an apartment appurtenant to a single family residence
13.Essential public services and utilitiesincluding buildings and structures.
14.Hospitals
15.Hotels
16.Motels
17.Marinas located along the lake shore
18.Mini Day Care Facilities and Day Care Centers:
a.Mini Day Care Facility:
1)A day care center for the care of twelve (12)or fewer children in a facility
otherthanthefamily abode oftheperson or persons under whose direct careandsupervisionthechildisplaced;or
2)For the care of from seven (7)throughtwelve(12)children in the family
abode of such person or persons.
b.Day Care Center:A day care facility that provides for the care of thirteen(13)or
more children provided that the capacity of day care centers located in private
family residences in residential zones shall not exceed twenty(20)childrenat anygiventimeandthepermittedcapacityofdaycarecenterslocatedinresidential
zones in other than private family residences shall be set by the Planning
Commission on a case by case basis.
c.Requirements:Mini day care facilities and day care centers shall be in compli-
ance with the following requirements:
1)Outdoorplayareas shall not be located in front yards.
2)One (1)on-site parkingspace is required for each employee in addition torequiredresidentparking.
3)An on-site,off-streetloading and unloading area shall be required.
4)A city business license shall be required.
5)Signage shall not be permitted.
6)No structural or decorative alterationwhich would alter the character or be
incompatible with thesurroundingresidences shall be permitted.
7)The use and structures shall be in compliancewith zoning regulations and
Uniform Building Code requirements.
8)Miniday care facilities and day care centers shall be licensed by theState of
Washington,Department of Social and Health Services and shall operate in
compliance with thelicensed capacityrequirementas determined by theState
of Washington,Department of Social and Health Services except that day
care centers shall operate in compliance with thecapacity requirements as
stipulatedin this section.
9)The Planning Commissionmay impose conditions to mitigateany potentíal
adverse impacts on thesurroundingarea.
Ord.1764/Pg.3 10)Notification and agreement of adjacent propertyowners of an applicationfor
a day care facility.
19.Other uses ruled by the Planning Commission to be a conditional use provided thattheuseshallbesimilartoandcompatiblewiththeexpressedpermittedandcondition-al uses or other uses permittedby specific provisionof thischapter as a conditionaluse.
18.22.260 Building Heights:
A.No buildingor structure shall exceed thirtyfeet (30')in heightexcept structures,other thandetachedaccessorybuildings,may be constructed up to thirty-fivefeet (35')in heightundertheconditionssetforthherein:
1.The interior side yard setback must be at least ten feet (10')with one (1)additionalfootofsetbackforeachadditionalfootofbuildingheightoverthirtyfeet(30').
2.A minimum lot size of twelvethousandfive hundred (12,500)square feet.
3.AIIfront,rear,and exteriorsetbacks shall remain as provided in Section 18.16.090.
B.The following structures are exempted from the building height restrictionand may beerectedhigherthanthirtyfeet(30')so long as the structure permitted is a distance fromallpropertylinesnotlessthanitsheightanditmeetsanyadditionalconditionsasnoted:
1.Church spires,steeples,and bell towers
2.Flag poles
3.Non-commercial antennas and towers related towireless transmissionsand relays,ifpermittedbylaw,so long as those towersare no higher thannecessary to reasonablyaccommodatetheuseincludingtheuseoftheshorteststructurepossibleandcrank
up or telescopingdevises are used whenever possible.
4.Water reservoirs
Section 2.This ordinance shall take effect and be in force five (5)days after its passage and publicationofitssummaryasprovidedbylaw.
Adopted by the City Counciland signed by its Mayor on March 25,1997.
ATT S
Finance Director *
Cl Attorney
PUBLISHED3/28/97