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2129_00001ORDINANCE NO.2129 ANORDINANCEAMENDINGCHAPTER 18.32 OF THE MOSES LAKEMUNICIPALCODEENTITLED"C-2,GENERAL COMMERCIALAND BUSINESS" THE CITYCOUNCILOF THE CITYOF MOSES LAKE,WASHINGTON DO ORDAINAS FOLLOWS: Section 1.Chapter 18.32 of the Moses Lake MunicipalCode entitled "C-2,General CommercialandBusiness"isamended as follows: 18.32.040 ConditionalUses:The followingspecific and generallydescribed uses shall be permitted in theOC-2 Zone only as a conditionaluse subject to the approval of the Planning Commission incompliancewiththeprovisionsofthischapterandChapter18.51 ofthistitleentitled"ConditionalandUnmentionedUses." A.Churches B.Schools C.Hospitals D.Bulkstorage of hazardous,combustibleor explosive substances E.Airports,landing strips,heliports,and airtransportationfacilities F.Recreational vehicle parks G.Keeping oflivestock,poultry,rabbits,or bees for commercial or private purposes H.Any commercialuse not on city sanitary sewer. I.Permanent storage facilitiesutilizing steel sea or ocean-going containers marked with theAmericanBureauofShipping's Emblem ormeetingtheIntemational Standard Organization'sstandardswhichcanbedetachedfromatrailer,chassis,orframe and,which were formerlyusedfortransportingseaorocean-going cargo when intended tobe used as storage facilitieswiththefollowingconditionsbeingrequiredasaminimum: 1.Be used as an appurtenance to theprimary use;such primary use beingsituated in anenclosedadjoiningbuilding. 2.Be placed on concrete,asphalt,or level,compacted,hard surface at alltimes. 3.Be painted so as to blend in with thebuilding towhich it is associated. 4.Not be visible to the motoring publicor from residential neighborhoods immediatelyadjacenttothepropertywhereitislocatedunlessothermeasuresareemployedtomitigatethevisualimpactsofthecontainersformerlyusedfortransportingseaoroceangoingcargo,which measures shall be approved by thePlanning Commission,provided,thatthePlanning Commissiondoes not need torequire mitigation measures ifitisfeltthatthemotoringpublicoradjacentresidentialneighborhoodsarenotimpacted. 5.Have a maximum allowablesquare footage of container storage area not toexceed fivepercent(5%)ofthegross floorarea of thebuilding withwhich the container(s)is associ-ated.In no event shall the number of containers allowedas appurtenant storage facilitiesexceedthree(3)in number. 6.Be located on premises as an appurtenant storage facility. 7.Not be stacked. 8.Abide by allset back requirementsapplicable tothe zone inwhich it is located. 9.The recipientof theconditional use permitis theonly party allowed to use thecontainer. 10.The conditionsas required by 1 through9 shall be met withinten (10)workingdays aftertheconditionalusepermithasbeengrantedandtheten(10)day appeal period hasexpired. 11.Ifany additional conditions are specified by the Planning Commission,the Commissionshallsetadatefortheconditionstobemetbytheapplicant. J.Temporary seasonal storage facilities utilizingsteel sea or ocean-goingcontainersmarkedwiththeAmericanBureauofShipping's Emblem or meeting the Intemational StandardOrganization's standards which can be detached from a trailer,chassis,or frame and,whichwereformerlyusedfortransportingseaorocean-going cargo when intended to be used asstoragefacilitieswiththefollowingconditionsbeingrequiredasaminimum: 1.Be used as an appurtenance tothe primary use;such primary use being situated in anenclosedadjoiningbuilding. 2.Be placed on concrete,asphalt,or level,compacted,hard surface at alltimes. 3.Not be visible to the motoring public or from residential neighborhoods immediatelyadjacenttothepropertywhereitislocatedunlessothermeasuresareemployedtomitigatethevisualimpactsofthecontainersformerlyusedfortransportingseaoroceangoingcargo,which measures shall be approved by thePlanning Commission,provided, thatthePlanning Commissiondoes notneedtorequire mitigation measures ifitisfeltthatthemotoringpublicoradjacentresidentialneighborhoodsarenotimpacted. 4.Have a maximum allowablesquare footage of container storage area notto exceed five percent (5%)of the gross floorarea of thebuildingwithwhich the container(s)is associ-ated.Subject tothesquare footage of container area togross floor area limitation,up tofifteen(15)containers may be allowed on a temporaryseasonal basis nottoexceed ninety (90)days ineverytwelve(12)monthperiod.The beginning and ending dates oftheninety(90)day period shall be specified by the proponent in the container placement permitapplication. 5.Be located on premises as an appurtenant storage facility. 6.Not be stacked. 7.Abide by all set back requirementsapplicabletothe zone in which itis located. 8.The recipient of theconditionaluse permitis the onlyparty allowedtouse the container. 9.The conditions as required by 1 through8 shall be met at the time the containers are placed. 10.Ifany additional conditionsare specified by the Planning Commission,theCommission shall seta date for theconditionstobe met bytheapplicant.Ifthe applicant has requested toplace the containers annually,the conditions shallbe meteach year.Ifany conditions are deviated from,a newconditionaluse permit shallbe required. 11.A container placement permit and a fee of sixty dollars ($60)per container shall be required to mitigate additionalexpenses to the city.The permitand fee shall be required each year thecontainersare placed. K.Other unmentioned uses ruled by the Planning Commission tobe a conditional use or usespermittedbyspecificprovisionofthischapterasaconditionaluse. L.On-site hazardous waste treatmentand storage facilities incompliance with the performance standards ofthe State ofWashington siting criteria for on-site hazardous waste treatmentand storage facilities and therequirements ofthischapter;provided that,on-site hazardous waste treatmentand storage facilities are accessory toand subordinate toa primary use which is ageneratorofhazardouswaste. M.Residential uses as an accessory use toa commercialstructure,whether occupied by the owner,rented,leased,or occupied by a resident manager,watchperson,custodian,orattendantprovidedtheusedoesnotconflictwithgroundlevelcommercialfloorarea.Accessory use shall be defined as a use of the land or a portion of a building which is incidental andsubordinatetotheprincipaluse ofthebuilding.Accessory uses mustbe located on the same lot as the principal use. N.Multi-family residential uses (apartments)provided theuse does not conflictwith groundlevel commercial floor area. Section 2.This ordinance shall take effectand be in force five (5)days after its passage and publication of its summary as provided by law. Adopted bythe City Council and signed by its Mayor on October 14,2003. .J A inance Director Published:10/17/03 (legels)