1990_00001ORDINANCE NO.1990
ANORDINANCE AMENDINGCHAPTER 18.32 OF THE MOSES LAKEMUNICIPALCODEENTITLED"C-2,GENERAL COMMERCIALAND BUSINESS ZONE"
THE CITYCOUNCIL OF THE CITYOF MOSES LAKE,WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1.Chapter 18.32 of the Moses Lake Municipal Code entitled "C-2,General ComrnercialandBusinessZone"is amended as follows:
O 18.32.040 Conditional Uses:The followingspecificand generallydescribed uses shall be permittedin theC-2 Zone only as a conditional use subject to the approval of the Planning Commission incompliancewiththeprovisionsofthischapterandChapter18.51 ofthistitleentitled"ConditionalandUnmentionedUses."
A.Churches
B.Schools
C.Hospitals
D.Bulk storage ofhazardous,combustibleorexplosivesubstances
E.Manufactured home parks
F.Airports,landing strips,heliports,and air transportationfacilities
G.Recreational vehicle parks
H.Keeping of livestock,poultry,rabbits,or bees forcommercialor private purposes
I.Any commercial use not on city sanitary sewer.
J.Permanent storage facilities utilizingsteel sea or ocean-going containers marked with theAmericanBureauofShipping's Emblem ormeetingthe International Standard Organization'sstandardswhichcanbedetachedfromatrailer,chassis,or frame and,whichwere formerlyusedfortransportingseaorocean-going cargo when intended tobe used as storage facilitieswiththefollowingconditionsbeingrequiredasaminimum:
1.Be used as an appurtenance to theprimaryuse,such primary use beingsituated in anenclosedadjoiningbuilding.
2.Be placed on concrete,asphalt,orlevel,compacted,hard surface at all times.
3.Be painted so as toblend in withthebuildingtowhich it is associated.
4.Not be visible to the motoring public or from residential neighborhoods immediatelyadjacenttothepropertywhereitislocatedunlessothermeasuresareemployedtomitigatethevisualimpactsofthecontainersformerlyusedfortransportingseaoroceangoingcargo,which measures shall be approved by the Planning Commission,provided,thatthe Planning Commission does notneed torequiremitigation measures ifit is feltthatthemotoringpublicoradjacentresidentialneighborhoodsarenotimpacted.
5.Have a maximumallowable square footage ofcontainerstorage area nottoexceed fivepercent(5%)of thegross floor areaofthebuilding withwhich thecontainer(s)is associ-ated.Innoevent shallthenumberof containers allowedas appurtenantstorage facilitiesexceedthree(3)in number.
6.Be located on premises as an appurtenant storage facility.
7.Not be stacked.
8.Abide by allset back requirements applicableto the zone in which it is located.
9.The recipient oftheconditionaluse permit is theonlyparty allowedto use the container.
10.The conditions as requiredby 1 through9 shall be met within ten(10)workingdays aftertheconditionalusepermithasbeengrantedandtheten(10)day appeal period hasexpired.
11,Ifany additionalconditionsare specifiedby the Planning Commission,the Commissionshallsetadatefortheconditionstobemetbytheapplicant.
K.Temporary seasonal shortage facilitiesutilizing steel sea or ocean-going containersmarkedwiththeAmericanBureauofShipping's Emblem or meeting the International StandardOrganization'sstandards whichcan be detached froma trailer,chassis,or frameand,which
were formerly used for transportingsea or ocean-going cargo when intended to be used asstoragefacilitieswiththefollowingconditionsbeingrequiredasaminimum:
1.Be used as an appurtenance to theprimaryuse;such primaryuse being situated in anenclosedadjoiningbuilding.
2.Be placed on concrete,asphalt,or level,compacted,hard surface at all times.
3.Not be visibleto the motoring public or from residential neighborhoods immediately
adjacent to the propertywhere it is located unless other measures are employed tomitigatethevisualimpactsofthecontainersformerlyusedfortransportingseaoroceangoingcargo,whichmeasures shall be approvedby thePlanning Commission,provided,thatthe Planning Commissiondoes not need to require mitigation measures ifitis felt thatthemotoringpublicoradjacentresidentialneighborhoodsarenotimpacted.
4.Have a maximum allowablesquare footageofcontainerstorage area nottoexceed tlweefivepercent(85%)ofthe gross floor area of thebuilding withwhichthecontainer(s)is
associated.Subject tothesquare footage ofcontainerarea togross floorarea limitation,
upon application fora separate permit,up toan additional fifteen (15)containers maybe
allowed on a temporaryseasonal basis not to exceed ninety (90)days.The ninety(90)day period shall be specified by the proponent inthe conditional use permit application.
A conditionaluse permitfor a temporaryseasonal usage shall onlybe granted once in
every twelve(12)month period foreach location.
5.Be located on premises as an appurtenantstorage facility.
6.Not be stacked.
7.Abide by allset back requirementsapplicabletothe zone in which itis located.
8.The recipient of theconditional use permit is theonlypartyallowedto use the container.
9.The conditions as required by 1 through9 shall be met within ten(10)workingdays after
the conditional use permit has been granted and the ten (10)day appeal period has
expired.
10.If any additionalconditionsare specified by thePlanning Commission,the Commission
shallset a date for theconditionsto be met by theapplicant.
11.The use oftemporarystorage shallnotexceed ninety(90)consecutivedays.The ninety
(90)days shall beginafterthe conditional use permit has been granted and the ten (10)day appeal period has expired.A conditionaluse permit shall onlybe granted once in
everytwelve(12)monthperiodfor each location.
12.A separate conditional use permitshall accompany each temporary,seasonal storage
usage sought.
13.A separate fee ofsixtydollars ($60)per container shall be required to mitigateadditional
expenses to the city.
L.Other unmentioned uses ruled by the Planning Commissionto be a conditional use or uses
permittedby specific provision ofthischapter as a conditionaluse.
M.Site built and factory built,detached housing units,whether occupied by theowner,rented,
leased,oroccupiedby a resident watchman,custodian,or attendant,when set back according
to Moses Lake Municipal Code 18.32.220.
N.On-site hazardous waste treatmentand storagefacilities incompliance withthe performance
standards of the State ofWashington sitingcriteriaforon-site hazardous waste treatmentand
storage facilities and therequirements ofthischapter;provided that,on-site hazardouswaste
treatment and storage facilities are accessory to and subordinate toa primary use which is a
generator of hazardous waste.
O.NIanufactured detached housing units whether occupied by the owner,rented,leased,or
occupied by a residentwatchman,custodian,orattendantwhen set back one hundred and fifty
feet (150')from any arterialstreet.
P.Residential uses as an accessory use to a commercial structure,whether occupied by the
owner,rented,leased,or occupied by a resident manager,watchperson,custodian,or
attendant.Accessory use shall be defined as a use of a portion of a building which is
incidental and subordinate totheprincipal use ofthe building.
Q.Multi-familyresidential uses (apartments)
18.32.200 Landscaping:Landscaping shall be in compliancewithChapter 18.57 of thistitle.
Section 2.The City Councildeclares that an emergency exists and this ordinance shall take effectimmediatelyasprovidedbylawupononereadingif2/3 of theentire City Council present vote in favor of
passage.
Adopted by the City Council and signed by its Mayor on taber 24,2000.
MayorO
A D
CityAttorney