2409es that the use is allowed subject to the applicable standards
ted at the top of the table.
1. An "A" in a table cell indica
in this code in the zone lis
ORDINANCE NO. 2409
•AN ORDINANCE AMENDING CHAPTER 18.20 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "RESIDENTIAL ZONES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones" is amended as
follows:
18.20.020 Additional Requirements: Additional requirements are found in other chapters of the Municip
Code and other adopted City regulations, including but not limited to the following:
A.MLMC 18.10, Citywide Regulations
B.MLMC 18.45, Conservation and Reclamation Zone
C.MLMC 18.49, Site Plan Review (for non-residential projects only)
D.MLMC 18.51, Conditional and Unmentioned Uses
E.MLMC 18.53, Flood Hazard Areas
F.MLMC 18.54, Off-Street Parking and Loading
G.MLMC 18.55, Home Occupations
H.MLMC 18.57, Landscaping
I.MLMC 18.58, Signs
J.MLMC 18.60, Factory Built Homes
K.MLMC 18.65, Manufactured Home Parks
L.MLMC 18.23, Residential Redevelopment Areas
M.MLMC 19.03, Classification and Designation of Reso
al
urce Lands and Critical Areas and
Regulations for the Interim Conservation and Protection of Resource Lands and Critical Areas
f Wetlands and Regulations for the N. MLMC 19.06, Classification and Designation o
Conservation and Protection of Wetlands
0. City of Moses Lake Shoreline Master Program
18.20.030 Allowed Uses:
where categories of land uses may be permitted
ight or by conditional use permit. Only residential
ses not listed are prohibited unless allowed through
020.D. Further interpretation of these zones may be
.020.B. Land uses are also subject to any footnotes
B. The symbols used in the table re resent the following:
A. The Residential Land Uses table indicates
and whether those uses are allowed out
zones are included in this table. Land u
the process specified in MLMC 18.20.
obtained as specified in MLMC 20.0
contained within this chapter.
•
ORDINANCE NO. 2409
PAGE 2 August 12, 2008
2.A "C" in a table cell indicates that the use is allowed by conditional use permit, subject to
the conditional use provisions in MLMC 18.51 and any additional standards specified.
3.An "X" in a table cell indicates the use is not allowed in the zone listed at the top of the
table.
C.Procedural requirements for permits are described in MLMC Title 20.
D.Uses similar to those listed may be established as allowed or conditionally allowed through the
interpretation procedures in MLMC 20.03.020.B. In determining whether a use should be
permitted, the Community Development Director shall refer to the purpose statements found
in 18.20.010 and the 1987 version of the Standard Industrial Classification Manual.
TABLE 1: LAND USES IN RESIDENTIAL ZONES
USE CATEGORIES R-1 R-2 I R-3 R-4
Residential
Single family detached dwelling A A A A
Single family attached dwelling, each unit on its own lot of record A A A X
Factory built residential structure not on a permanent chassis A A A A
Factory-built housing constructed to the standards of the UBC A A A A
Manufactured home X A A A
D..iplex X A A X
Multi-family dwelling units X X A X
Condominium (in compliance with MLMC 18.67)A A A A
Rental of apartment appurtenant to single family residence X C C C
Accessory dwelling unit for immediate family member requiring daily
care, supervision, or guardianship
A A A A
Boarding house for not more than 3 people X C C X
Manufactured Home Park (in compliance with MLMC 18.65)X C C X
Temporary occupancy of recreational vehicle'X C C X
Commercial
Adult Family Home2 A A A A
Assisted Living Facility X X C X
Family Day Care'A A A A
Day Care Center—in home'C C C X
Day Care Center—not in homes X X C X
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•
ORDINANCE NO. 2409
PAGE 3 August 12, 2008
•TABLE 1: LAND USES IN RESIDENTIAL ZONES
USE CATEGORIES R-1 R-2 1 R-3 R-4
Home Occupation (in compliance with MLMC 18.55)A A A A
Professional Office X X C X
Golf course C C C C
Clubs, lodges, assembly halls X X C X
Athletic clubs X X C X
Boarding houses X X C X
Clinics, hospitals X X C X
Hotels, motels .X X C X
Marinas X X C X
Recreational Vehicle Parks (in compliance with MLMC 18.71)X X C X
Commercial uses not specifically listed X X X X
Transportation, Communication, and Utilities
Wireless communication facilities, in compliance with MLMC 18.78 X X X X
Local utilities, below ground A A A A
Local utilities, above ground C C C C
Regional utilities C C C C
Public and Institutional
Park, playground, athletic field, other non-commercial recreation A A A A
schools—public and private C C C C
Churches and church structures or additions which may exceed 30' in
height, and appurtenant uses
C C C C
Cemeteries C C C C
Agricultural
Commercial cultivation of land for agricultural products, vineyards,
gardening, fruit growing
X X X A
Keeping of livestock, poultry, rabbits, or bees (in compliance with
MLMC 18.20.160)
X X X A
Selling of agricultural products raised or grown on premises X X X A
ORDINANCE NO. 2409
PAGE 4 August 12, 2008
TABLE 1: LAND USES IN RESIDENTIAL ZONES
USE CATEGORIES R-1 R-2 R-3 R-4
Stables, riding academies, commercial dog kennels X X X C
Commercial produce stand (selling of seasonal agricultural products)X X X C
Miscellaneous
Accessory use appurtenant to any primary use and not otherwise
prohibited
A A A A
Removal of soil or other natural materials for the purpose of sale or
_use as fill material6
X X X X
Footnotes for Table 1
1. A. The following criteria shall be met:
1)Applicant must be a non-profit organization.
2)The request is associated with a construction project which requires a conditional use
permit.
3)The location and siting of the RV units shall comply with MLMC 18.65.080 Setbacks
and Separations of Manufactured Homes, MLMC 16.36 Fire Apparatus Access, and
MLMC 16.48 Fire Hydrants.
B. In addition to any other conditions the Planning Commission sets on the project, the
following requirements shall be stipulated as conditions of the conditional use permit:
1)The duration of the conditional use permit shall be specified and shall not be allowed
to exceed the life of the building permit.
2)The number of RV units to be allowed.
3)The RV site shall be left free of litter, debris, or other evidence of RV occupation upon
the completion or removal of the use.
4)A solid waste disposal plan shall be provided.
2. An adult family home shall be licensed by the State of Washington Department of Social and
Health Services, and a city business license shall be required.
3. Family day care homes shall be licensed by the State of Washington Department of Social and
Health Services and shall operate in compliance with the licensed capacity requirements for
family day care homes. Certification by the office of child care policy licensor as providing a
safe passenger loading area, and a city business license shall be required. The building and
lot shall comply with all building, fire, safety, and health code requirements, and shall conform
to the lot size, building size, setbacks, and lot coverage standards of the zone, except for legal
nonconforming structures. Signage shall not be allowed. Hours of operation may be limited
to facilitate neighborhood compatibility, while also providing appropriate opportunities for
persons who use family day care and who work a non-standard shift. Proof that adjacent
property owners have been notified in writing of the intent to locate and maintain such a facility
shall be required.
4. This shall be a day care facility that provides for the care of no more than 20 children in the
family abode of the person holding the license issued by the Washington State Department
of Social and Health Service. Day care centers must be in compliance with the following
requirements:
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ORDINANCE NO. 2409
PAGE 5 August 12, 2008
A.Outdoor play areas shall not be located in front yards.
B.One on-site parking space is required for each employee in addition to the required
resident parking.
C.An on-site, off-street loading and unloading area shall be required.
D.A city business license shall be required.
E.Signage shall not be permitted in the R-1, R-2, or R-4 Zones.
F.No structural or decorative alteration which would alter the character or be incompatible
with the surrounding residences shall be permitted.
G.The use and structures shall be in compliance with zoning regulations and State Building
Code requirements.
H.Day care centers shall be licensed by the State of Washington, Department of Social and
Health Services and shall operate in compliance with the licensed capacity requirements
as determined by the State of Washington, Department of Health Services, unless the
Planning Commission stipulates fewer children.
I.The Planning Commission may impose conditions to mitigate any potential adverse
impacts on the surrounding area.
5. Subject to the following conditions:
A.Day care facilities shall be licensed by the State of Washington, Department of Social and
Health Services and shall operate in compliance with the licensed capacity requirements
as determined by the State of Washington, Department of Health Services, unless the
Planning Commission stipulates fewer children.
B.One (1) on-site parking space shall be required for each employee on the largest shift.
C.An on-site loading and unloading area shall be required.
6. Excavation for the purpose of on-site construction or landscaping is permitted.
18.20.050 Development Standards for Residential Zones:
A.Purpose: This section establishes the site requirements and development standards for uses
in the residential zones. The standards and rules are established to provide flexibility in project
design, prevent fire danger, provide adequate access and circulation, reduce incompatibilities,
and prevent overloading of infrastructure due to the impacts of development.
B.Explanation of table: Development standards are listed down the left column of the table and
the residential zones are identified across the top row. The matrix cells contain the
requirements of each zone. The footnotes identify particular requirements applicable to a
specific use, standard, or zone.
TABLE 2: DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
Development Standards R-1 R-2 R-3 R-4
Minimum lot size (in square feet)'7000 7000 6000 32,670
ORDINANCE NO. 2409
PAGE 6 August 12, 2008
TABLE 2: DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
Development Standards R-1 R-2 R-3 R-4
Minimum lot size for a corner lot (in square feet)7700 7700 6600 32,670
Minimum lot size for a two-family dwelling (in
square feet)'
----8000 6000 ----
Additional lot area per dwelling unit in excess of 2
dwelling units (in square feet)
--------1200 ----
Minimum lot depth 100'100'NS 150'
Minimum lot depth on an arterial 120'120'120'150'
Minimum lot width2 65'65'NS 100'
Minimum lot width, corner lot 70'70'NS 150'
Minimum lot width for a two-family dwelling ----70'NS - -
Minimum street frontage for flag lots 20'20'20'40'
Front yard setback3 25'25'15'25'
Interior side yard setback3 (each side)--------5'20'
If lot is 65' wide or less '5'--------
If lot is more than 65'7'7'--------
Exterior side yard setback3 for lots 65' or greater
in width
25'25'15'25'
Exterior side yard setback3 for lots less than 65'
in width4
20'20'15'----
Rear yard setback3 25'25'5'25'
Rear yard setback3, corner lot less than 70' in
width
10% of lot
depth
10% of lot
depth
5'----
Rear yard setback3, corner lot 70' or greater in
width
15% of lot
depth
15% of lot
depth
5'25'
Setback from the ordinary high water mark of
Moses Lakes
20' or
20% of lot
depth,
which
ever is
less
20' or
20% of lot
depth,
which
ever is
less
20' or 20%
of lot
depth,
which ever
is less
20' or 20%
of lot
depth,
which ever
is less
Maximum lot coverage for multi-family structures --------50%- -
Minimum open space for multi-family --------1000 SF +
100 SF per
units
Maximum height of primary structure'30'9 30' 8 40 9 30'9
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ORDINANCE NO. 2409
PAGE 7 August 12, 2008
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TABLE 2: DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
Development Standards R-1 R-2 R-3 R-4
Maximum height of detached accessory structure 16' 1°16' 10 16' 10 35, 11
Minimum width of narrowest portion of main
residential structure
20'20'20'20'
Minimum roof pitch of main roof of residential
structure (vertical:horizontal)
3:12 3:12 3:12 3:12
Maximum height of floor level above grade
(single level residential structures)
18"18"18"18"
Minimum required number of covered 12 parking
spaces
1 1 0 1
_
NS= No Standard
Footnotes for Table 2
1. Exceptions:
A.In the R-1 and R-2 zone, lots platted prior to 1961 shall have a minimum lot size of six
thousand (6000) square feet.
B.In the R-1, R-2, and R-3 zone, a building permit may be issued to a platted non-conforming
lot that contains at least five thousand (5000) square feet and otherwise meets the
underlying performance standards of the zone in at least eighty percent (80%) of the
minimum bulk dimensions of width, depth, and building setback line.
2. In the R-1 and R-2 zone, lots platted prior to 1961 shall have a minimum lot width of sixty feet
(60').
3. Setbacks
A.Within the setback area shown in Table 2, no building or structure (as defined in 18.06)
shall be allowed, except flagpoles, signage, fencing, slope stability structures, and open
steps and platforms having no roof covering. Eaves, cornices, and awnings may project
into the required setback no more than two feet (2').
B.The setbacks shown in the table are zoning setbacks. Larger setbacks may be required
by the State Building Code, State Fire Code, sight distance requirements, or landscaping
requirements (MLMC 18.57).
C.There shall be no side yard setback requirement for single family dwelling units sharing a
common wall or attachment when each dwelling is on its own lot of record.
D.To determine the interior side setback requirement in the R-1 and R-2 zones, the lot width
shall be measured at the front setback line for rectangular lots. For all other lot shapes,
the average of the width at the front setback line and rear setback line shall be used to
calculate the required interior side setback.
4. Except that residential structures in the R-1 and R-2 zone may conform to existing structures
within two hundred feet (200') along either street but in no case shall a building be permitted
less than fifteen feet (15') from a property line abutting a street. •
ORDINANCE NO. 2409
PAGE 8 August 12, 2008
5. Setback from the ordinary high water mark of Moses Lake:
A.This setback does not apply to water-dependent structures such as docks or boathouse.
Structures located within a lakefront rear yard shall be in compliance with Chapter 18.45
entitled C-R Zone and the Shoreline Master Program.
B.Lawfully existing structures built prior to the adoption of this ordinance shall not be required
to comply with this setback. Building permits for lots in subdivisions approved prior to the
adoption of this ordinance shall not be required to meet this setback. Subdivisions
approved after the adoption of this ordinance and the request for building permits on lots
in these subdivisions shall meet this setback.
6. Open space shall not include parking areas or driveways and shall be usable outdoor area for
recreation and landscaping. The smallest dimension of the open space area shall be not less
than fifteen feet (15').
7. The following structures are exempt from the building height restriction and may be erected
higher than thirty feet (30') so long as the structure permitted is a distance from all property
lines not less than its height and it meets any additional conditions as noted:
A.Church spires, steeples, and bell towers. Other portions of a church building may exceed
thirty feet (30') if addressed as part of the conditional use permit for the building.
B.Flag poles.
C.Non-commercial antennas and towers related to wireless transmissions and relays, if
permitted by law, so long as those towers are no higher than necessary to reasonably
accommodate the use including the use of the shortest structure possible and crank-up
or telescoping devices are used whenever possible.
D.Water reservoirs.
8. In the R-1 and R-2 zones, a primary structure may be constructed up to thirty-five feet (35') in
height under the following conditions:
A.The interior side yard setback must be at least ten feet (10') with one additional foot of
setback for each additional foot of building height over thirty feet (30').
B.A minimum lot size of twelve thousand five hundred (12,500) square feet.
9. In the R-3 Zone a primary structure may be constructed up to forty feet (40') in height under
the following conditions:
A.The rear yard and interior side yard setback must be at least ten feet (10') with one
additional foot of setback for each additional foot of building height over thirty feet (30') to
a maximum required setback of fifteen feet (15').
B.A minimum lot size of twelve thousand five hundred (12,500) square feet.
•
•
10. A detached accessory building in a residential zone may exceed sixteen feet (16') in height
under the following conditions:
A.Minimum lot size of fifteen thousand (15,000) square feet.
B.Minimum lot width of eighty feet (80'). •
Ronald C. Covey, lylp
ATTEST:
•Adopted by the City Council and signed by its Mayor on-August 12,
•
ORDINANCE NO. 2409
PAGE 9 August 12, 2008
C.Accessory building, primary structure, and impervious surfaces combined do not cover
more than fifty percent (50%) of lot.
D.Any building over sixteen feet (16') in height must be consistent with the exterior of the
primary structure in architectural style, siding, paint, roof pitch, and roofing material. If the
primary structure has multiple roof pitches, the accessory building need only match one
of them.
E.Interior side yard and rear yard setbacks as required by current code plus one additional
foot for each additional foot in height over sixteen feet (16').
F.Building to be no taller than 26' or the height of the house, whichever is less.
G.Blank wall facades created by an accessory building over sixteen feet (16') in overall height
and twenty-four feet (24') in width or length will require one window, with one (1) additional
window required for each additional twelve feet (12') in width or length. Window trim shall
match the window trim on the front of the house.
11.In the R-4 Zone, a primary or accessory structure may be constructed up to thirty-five feet
(35') when the interior side yard setback is increased by one foot (1') of setback for each
additional foot of building height over thirty feet (30').
12.In a garage or carport constructed to the standards of the State Building Code.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
inald R. Cone, Finance Director
APP VED AS TO FORM:
dr: _
James A. Whitaker, City Attorney
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