1804_00001ORDINANCENO..1804
ANORDINANCE CREATING CHAPTER 18.250F THEMOSESLAKEMUNICIPALCODEENTITLED"R-4,RESIDENTIAL ZONE"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON DOORDAIN AS FOLLOWS:
Section 1.Chapter 18.25 of the Moses Lake MunicipalCode entitled "RA,Residential"is created asfollows:
CHAPTER18.25
RA,RESIDENTIAL ZONE
18.25.010 jntent:The R-4,ResidentialZone is intended toprovideareas toaccommodate a low densityresidentiallandusepattern.The zone will provide land which may be converted from theresidentialreservedesignationtoadevelopmentdistrict.Land uses permittedin thezone andthestandardsapplicabletoitaredesignedsothatfuture,more intensive development is notprecluded.
18.25.020 PermittedUses:Hereafter in theResidential Zone no building,structure,or landshall be usedandnobuildingorstructureshallbeerected,altered,enlarged,or intended to be used for anyotherthanthefollowingoutrightpermittedusesorasaconditionaluse.Outright permittedusesorconditionalusesintheR-4 Residential Zone shall be in compliance with all perfor-
mance standards,conditions,and bulkregulationsof thischapter.
A.Outright Permitted Uses:
1.Singlefamilydetached dwelling units,manufactured homes,and factory built housingconstructedtothestandardsoftheUniformBuildingCode.
2.Any use whichis incidental and subordinatetotheprincipal use oftheland or building;is located on thesame lotwith the principal use;and is not otherwise prohibited.
3.Accessory buildings and/orstructuresappurtenanttoanypermitteduses in compliancewithSection18.25.040ofthischapter.
4.Cultivation of land foragriculturalproducts,vine yards,gardening,and fruit growing.
5.Keeping of livestock,poultry,rabbits,and bees in accordance with Section 18.25.050
of this chapter.
6.Selling of agriculturalproducts raised or grownon the premises.
7.Keeping ofhousehold pets (dogsand cats)not exceeding four (4)in number which arefour(4)monthsold or older.
8.Planned Development Districts in compliance withChapter 18.67 of thistitle.
9.Home occupations in compliance withChapter 18.55 of thistitle.
10.Parks and non-commercialrecreational uses.
11.An accessory dwellingunit intended to accommodate a member(s)of the immediatefamilyrequiringdailycare,supervision,or guardianship in compliance with Section18.25.190 of thischapter entitledResidential Density.
12.Other unmentioned uses ruled by the Planning Commission to be similar to andcompatiblewiththespecifiedpermitteduses.
13.Family ChildCare Home as an accessory use toa private family residence providing4careduringpartofthetwenty-four(24)hour day to six (6)or fewer children.FamilyChildCareHomesshallbelicensedbytheStateofWashington,Department ofSocialand.Health Services and shall operate in compliance with the licensed .capacity
requirements for family Child Care Homes.Iflocated within thecorporate limits a citybusinesslicenseshallberequired.
B.Conditional Uses:The followinguses may be permitted by the Planning Commission asaconditionaluseincompliancewiththeprovisionsofthischapterandChapter18.51 ofthistitleentitledConditionalandUnmentionedUses.
1.Cemeteries
2.Churches
3.Essential public services and utilitiesincluding buildings and structures.
4.Golf courses
5.Other unmentioneduses ruled by the PlanningCommissionto be a conditionaluseprovidedthattheuseshallbesimilartoandcompatiblewiththeexpressedpermitted
and conditionaluses.
6.Schools
7.Stables,riding academies,and commercial dog kennels
8.Rental of an apartment appurtenant to a single family residence.
9.Selling of seasonal agricultural products i.e.commercial fruitstands.
10.Family ChildCare Home:A day care facility for the care of from seven (7)throughtwelve(12)childrenin thefamily abodeofthe personholdingthelicense issued by the
State of Washington,Department of Social and Health Services.
a.Requirements:Family Child Care Homesshallbe in compliancewiththefollowing
requirements:
1)Outdoor playareas shall not be located in front yards.
2)One (1)on-site parking space is required for each employee in addition torequiredresidentparking.
3)An on-site,off-streetloadingand unloadingarea shall be required.
4)Iflocated withinthe corporate limits a city business license shallbe required.
5)Signage shall notbe permitted.
6)No structural or decorative alterationwhich would alter thecharacter or be
incompatible withthesurroundingresidences shall be permitted.
7)The use and structures shall be in compliancewith zoning regulations and
Uniform Building Code requirements.
8)Family Child Day Care Homes shall be licensed by theState of Washington,
Department of Social and Health Services and shall operate in compliance
withthe licensed capacity requirement as determined by theState of Wash-
ington,Department of Social and Health Sentices.
9)The Planning Commissionmay impose conditions to mitigate any potential
adverse impacts on the surroundingarea.
10)Notification and agreement of adjacent propertyowners of an application for
a day care facility.
18.25.030 Prohibited Uses:Any use not expressly permittedoutrightor as a conditional use in the R-4
Zone shall be prohibited,including but not limitedto thefollowingexamples:
A.Abandoned sheds or buildings in a state of disrepair
B.Commercialuses except as provided in Section 18.25.020 A and B of thischapter.
C.Two family or multi-family dwelling unit structures except as provided for in Section
18.25.020 A (11)of this chapter.
D.Industrial uses
E.Occupancy of trailersor recreational vehicles
F.Public nuisances
G.Removal of soil or other natural materials forthe purpose of sale or use as fiffmaterial
except thatexcavationfor the purpose of constructionor landscaping is permitted.
H.Outside storage,collection,or dumping of dismantled,partly dismantled,or wreckedvehicles,trailers,machinery,or theirparts.
I.Outside storage or collection of any junk,scrap,garbage,unsightly material,litter,ordebris.
J.Locating any sea or ocean-goingcontainerswhich can be detached from a trailer,chassis,
or frame and,which were formerlyused fortransportingsea or ocean-going cargo,railroad
cars and cabooses,semi-trailers when intended to be used as storage facilitiesor anyOotherunitwhichdetachesfromatrailer,chassis,or frame including car,truck,or vanbodiesorpartsofbodieswhenintendedtobeusedasstoragefacilitiesorthelike.
K.Manufactured Home Parks
18.25,040 Accessory Buildings or Structures:Detached accessory buildingsor structures are permittedincompliancewiththeuseandbulkregulationsandperformancestandardsofthischapter,provided that:
A.Detached accessory buildings orstructures shall not exceed thirtyfeet (35')in height.
B.Detached accessory buildings or structures shall comply with the front and side yardsetbackrequirementsofthischapter.
C,No detached accessory buildings will be constructed over right-of-wayor on a pub-lic/private easement
D.Accessory buildingsor structures intended for thekeepingand maintenance of livestockshallbeincompliancewithSection18.25.050.H of thischapter.
E.There shall be no requiredrear yardsetback for detached accessory structures except asrequiredbytheUniformBuildingCodeortheUniformFireCode.
18.25.050 Keepinaof Livestock:
A.Large livestock shall be defined as horses,mules,donkeys,burros,cattle,buffalo,sheep,goats,llamas,emu's,ostrich's and similaranimals.
B.Small livestockshall be defined as rabbits,guinea pigs,chickens,ducks,geese,turkeys,and other similarfowl.
C.Not toexceed one (1)animal from thelarge livestock categoryfor each 20,000 square feetofareaoftheparceloflanduponwhichtheanimalsarekept,except thatthree(3)goatsorsheepmaybeconsideredtheequivalenttoone(1)large livestock.
D.Not morethanfifteen(15)animals or fowlofthesmalllivestockcategory shall be kept foreachfivethousand(5,000)square feet of lot area of the parcel of land upon whichtheanimalsarekept.
E.Livestock,rabbits,fowl,and bees shall be cared for in such a manner as willnot create
a nuisance such as noise,odors,air pollution,waste,vibration,traffic,physicalhazard,orhealthhazard.
F.The keeping of swine shall be prohibited.
G.Pens,barns,stables,coops,corrals,or other structures used for the containment orhousingoflargelivestock,shall not be located closer thanone hundred feet (100')toanyneighboringresidentialstructure;structures used for the containment of small livestockshallnotbeloestedcloserthantwenty(20)feet from any neighboring residential structure.
18.25.060 Lot Size:All new subdivisions,lot segregations or divisions of land shall conform to thefollowingrequirements:
A.Lot size shall not be less thanone (1)acre.
B.Lots shall not be less thanone hundred fiftyfeet (150')inwidthand depth.No lot shallhavelessthanfortyfeet(40')frontage on a dedicated street.
18.25.070 Flaq Lots:
A.Flag lots shall have a minimumof forty foot (40')frontageon a dedicated right-of-way.
B.The flag portionof thelot shall not be considered in determining compliancewiththebulk
regulations,conditions,and performancestandards of thischapter.
C.Private driveways shall be maintained and clear of obstructionto allow for access by
emergency vehicles.
18.25.080 Lot DesignStandards:Lots in thiszone shallbe subdividedin compliancewithChapter 17.28
of thiscode entitled Design Standards.
18.25.090 Drainage:Roofsshall drainin such a manner thatwater will not flowonto a publicsidewalk.
Water discharged fromevaporativeair conditionersshall be controlled by theownerso as tonotdischargeintoasanitarysewerunlessapprovedbytheCityEngineerandshallnotflow
ontoa citystreet or ontoadjacent lots.Paved areas exceeding twohundred square feet (200')
in area shall be providedwith approveddrainage disposal systems on thepropeity,except in
areas whereadequate storm drainage systems are available.
18.25.100 Setbacks:No buildingorstructureshall be erected,altered,enlarged,or relocated so thatany
portion thereofshall be nearer the property lines thanthe distance indicated by the depth of
therequired setback except as providedfor in this chapter,the Uniform Building Code,and/or
the Uniform Fire Code.
A.Front Yard:Each lot shall maintaina frontyard setback of not less thantwenty-fivefeet
(25').
B.Interior Side Yard:Each lot shall maintain an interior side yard setback of not less than
twentyfeet (20').
C.Rear Yard:Each lot shall maintain a rear yardsetback not less thantwenty-fivefeet (25')except thatdetached accessory buildings or structures may be sited within the rear yard
setback in compliancewith Sections 18.25.040 and .050 of thischapter.
D.Eaves,Cornices,and Awnings:Eaves,cornices,and awnings may project into the
required setbacks not more thantwofeet (2').
E.Lakefront Lots:There shall be no rearyard setback requirement for a lot abutting ashoreline.Structures located withina lakefront rear yard shall be in compliance with
Chapter 18.45entitled CR Zone.
F.Through Lots:Throughlots shall maintain not less thana twenty-fivefoot (25')setback
from property lines on each parallelstnset upon whichthe lot has frontage.
G.Comer Lots:Corner lots shall maintain an exterior side yard setback of not less than
twenty-fivefeet (25').
18.25.110 Siqns and Billboards:Signs and billboards shall be in compliancewith Chapter 18.56 of this
title.
18.25 120 Landscaping:The area within the front yard shall be landscaped withinone (1)year of
occupancy and maintained.Landscaping shall be defined as the addition of lawns,trees,plants,shrubs,and other naturaland decorative features tothe land.
18.25.130 ShorelineAreas:AIIproperty developedwithin twohundred feet (200')of the high water line
of Moses Lake or its associated wetlands,and any associated uses relyingon the shoreline
forsuch use shall conformwiththe city's Shoreline Management Plan.
18.25.140 Parkinq:
A.Parking requirements shall be in compliancewith Chapter 18.54 of thistitle,except that
agricultural equipmentor machinery used for agricultural activities,in compliancewith
section 18.25.020.A.4,and located on the premises,may be parked or stored on site.
B.Required off-streetparking shall be a hard surface.
C.Recreational equipment,including campingtrucks,motorhomes,campingtrailers,boats,
boat trailers,and similarequipment may be parked or stored on premises.Recreational
equipment stored or parked within side yard setbacks shall be permissible provided the
occupants of the adjoining property consent thereto.
18.25.150 Vehicular Movement and Parking:
A.Vehicular movementand parkingshall be consistent with theexisting pattern of vehicular
movementand parking.Streets shall be incompliancewithcity DesignStandards.
B.Vehicle movement and parking generated from new developments shall not exceed thedesigncapacityofcollectororminorstreets.
18.25.160 Satellite Receivinq Antennas:Satellite receiving antennas shall be sited in compliance withthefrontandsideyardsetbackrequirementsofthischapter.
18.25.170 Structures Over Easements or Right-of-Wav:No buildingor structure shall be constructed orplacedoverdedicatedright-of-way or over an easement.
18.25.180 Fences,Walls,and Hedges:Fences,walls,and hedges shall notexceed eightfeet (8')abovefinishedgroundlevel.Solid fencing shall not obscure sight at intersection.Sight distancesshallbeasrequiredinChapter17.28.030 ofthistitle.
A.Fences,walls,and hedges shall not exceed six feet (6')above finished ground levelin anyfrontyard,nor exceed eight feet (8')on any interior side or rear yard.Fences,screensandhedgeslocatedinthefrontyardorexteriorsideyardsetbackareaofacornerlotshallnotexceedfourfeet(4')unless otherwise approved by the City Engineer.
B.Electric fences and barbed wire fences shall be prohibitedexcept when used to containlivestockandshallberemovedwhenthelivestockusehasbeendiscontinued.Electricandbarbedwirefencesshallnotbelocatedwithinthefrontyardsetbackarea.
C.An installation permit shall be required for the construction,erection,or installation of afence,wall,or screening plantings.AIIpermitapplications shall be reviewedand approvedbytheBuildingOfficialandtheCityEngineerforvehicularandpedestriansafety.Fences
and walls exceeding six feet (6')in height are regulated by theUniformBuilding Codeandrequireabuildingpermit.
18.25.190 Residential Density:Residentialdensityshall not exceed one (1)dwelling unitper acre exceptasprovidedforinSection18.25.020.
18.25.200 Maintenance of Lots:Lots in the R-4 Zone shall be maintained so as to notcreate a firehazardandshallbefreeoflitter,debris,garbage,unsightlymaterial,or weeds.
18.25.210 Vehicle Maintenance:There shall be no maintenance of vehicles on cityright-of-way.Oilandgasolineshallnotbedumpedonpavedcitystreetsorintocatchbasinsorstormsewers.
18.25.220 Maintenance of City Right-of-Way:The property owner shall be responsible for the main-tenance of city right-of-way fromtheback side of the curb.
18.25.230 _U_ses:Uses within the R-4 Zone shall not inflict upon adjacent property smoke,dirt,dust,glare,odors,steam,vibration,noise,electrical interference,orexcessive hazard.Noise in theR-4Zone shallnotexceed thestandards set forthin Chapter 8.28 of theMoses Lake MunicipalCodeentitledNoiseControl.
18.25.240 BuildingHeights:
A.Nobuildingor structureshall exceed thirtyfeet (30')inheightexcept structures,includingdetachedaccessorybuildings,maybe constructedup tothirty-five(35')in height under theconditionssetforthherein:
1.The interiorside yard setback must be at least twentyfeet (20')withone (1)additionalfootofsetbackforeachadditionalfootofbuildingheightoverthirty(30').
2.All front,rear,and exterior setbacks shall remain as providedin Section 18.25.100.
B.The following structures are exempted from the building height restriction and may beerectedhigherthanthethirtyfeet(30')so long as the structure permitted is a distancefromallpropertylinesnotlessthanitsheightanditmeetsanyadditionalconditionsasnoted:
1.Church spires,steeples,and bell towers
2.Flag poles.
3.Non-commercialantennas and towersrelated towireless transmissionsand relays,ifpermittedbylaw,so longas thosetowersare nothigherthannecessary toreasonablyaccommodatetheuseincludingtheuseoftheshorteststructurepossibleandcrankuportelescopingdevicesareusedwheneverpossible.
4.Water reservoirs
18.25.250 Performance Standards Residential Structures:
A.Residentialstructures shall have a pitched roof or the pitchofthe main roofshall be not
less thanthreeinches (3")of rise for each twelveinches (12")of horizontal run.
B.The minimumwidthof the main portionof a residential structure shall be not less than
twentyfeet (20')as measured across the narrowest portion.
C.Roof constructionshall be of non-reflectivematerîats.
D.Wheels and tongueof all manufactured homes shall be removed.
E.AII manufactured homes shall be new and previously untitledand shall bear the insignia
of approval by the State of Washington or the U.S.Department of Housingand Urban
Developmentindicating compliancewiththeNational ManufacturedHousing Construction
Safety Standards Actof 1974 (effectiveJune 15,1976).
F.Residential structures shall be constructed with a perimeter masonry or concrete
foundationthat is in accordance with the UniformBuilding Code.
G.Single level residential structures shall have a floor level not more than eighteen inches
(18")above average finished grade.
H.Residential structures shall have a hard surfaced route from the main entrance of theresidencetotheparkingarea.
I.Residential structures shall have a minimumof one (1)detached or attached covered
parkingspace.
18.25.260 Variances:A variance of thebulk regulationsand performancestandards of this chapter may
be obtained throughtheHearings Examiner in compliancewith the provisions ofChapter 18.80
entitled Hearings Examiner.
18.25.270 Violation:
A.Uponoccurrence ofa violationof theprovisions ofthischapter,the BuildingOfficialshall
notify the responsible person representing the use in violation that a violation of this
chapter exists.Such noticeshall be in writing,identifytheviolation,and specify thetime
within whichthe prescribed actionto correcttheviolationmust be taken.The person in
violation shall have notless thanseven (7)days fromtheissuance of thenoticeto correct
the violation,unless,in the opinion of the Building Official,there is immínent peril to
property and/or tothe public health,safety,or general welfare in which case the violation
shall be corrected immediately.
B.Upon thefailure,neglect,or refusal or any person so notifiedtocorrect a violation of this
chapter,the Building Official shall issue a civilinfraction notice.
C.Any violation of the provisions of thischapter shall be punishable as defined in Chapter
1.08 of the Moses Lake Municipal Code.
Section 2.This ordinance shall takeeffectand be in force five (5)days after its passage and publication
of its summary as provided by law.
Adopted by the City Council and signed by its Mayor on
Mayor
ATTE T:
mance Director
AP AttornD A
PUBLISH:5/29/98