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ORDINANCE NO. 2456
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:
18.20.030 Allowed Uses:
A. The Residential Land Uses table indicates where categories of land uses may be permitted
and whether those uses are allowed outright or by conditional use permit. Only residential
zones are included in this table. Land uses not listed are prohibited unless allowed through
the process specified in MLMC 18.20.020.D. Further interpretation of these zones may be
obtained as specified in MLMC 20.03.020.B. Land uses are also subject to any footnotes
contained within this chapter.
B. The symbols used in the table represent the following:
1.An "A" in a table cell indicates that the use is allowed subject to the applicable standards
in this code in the zone listed at the top of the table.
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 Moses Lake Municipal Code 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 MLMC 18.20.010 and the 1987 version of the Standard Industrial Classification
Manual.
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I TABLE 1: LAND USES IN RESIDENTIAL ZONES II
USE CATEGORIES R-1 R-2 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 State
Building Code
A A A A
Manufactured home X A A A
Duplex X A A X
Multi-family dwelling units X X A X
ORDINANCE NO. 2456
PAGE 2 May 12, 2009
I TABLE 1: LAND USES IN RESIDENTIAL ZONES I
USE CATEGORIES R-1 R-2 R-3 R-4
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
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
ORDINANCE NO. 2456
PAGE 3 May 12, 2009 •
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TABLE 1: LAND USES IN RESIDENTIAL ZONES
USE CATEGORIES R-1 R-2 R-3 R-4
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
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 material'
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:
ORDINANCE NO. 2456
PAGE 4 May 12, 2009
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:
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.
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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
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Property Lines
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ORDINANCE NO. 2456
PAGE 5 May 12, 2009
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.
18.20.120 Fences, Walls, and Hedges:
A. Solid fencing shall not obscure sight at intersection.
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B. All corner lots shall maintain a
vehicular sight triangle for safety
purposes. A sight triangle shall be
formed by measuring from the
intersection of the extended curb line
or the traveled right-of-way (if no
curbs exist) of the adjacent street to
a distance of fifty feet (50') from the
corner point. The third side of the
triangle is the straight line connecting
the two (2) fifty foot (50') sides.
Within the area comprising the
triangle, no fence, shrub, or other
physical obstruction higher than
thirty-six inches (36") above the
established street grade shall be
permitted . See Figure 1.Figure 1
C. Fences, walls, and hedges shall not
exceed four feet (4') above finished ground level outside of the vehicle sight triangle in any
front yard or corner lot exterior side yard, except for the following:
1.In the R-4 Zone, chain link, woven wire, or split rail fences, not to exceed five (5) feet in
height are permitted. Fences of other materials and sight-obscuring fences shall not
exceed 4'.
2.When one of the frontages of a through lot is a primary or secondary street, sight
obscuring fences not exceeding six feet (6') in height may be built inside the property line
to within five feet (5') of the sidewalk abutting the primary or secondary street, provided
the following requirements are met unless otherwise approved by the Planning
Commission:
a.The adjacent strip of land between the fence and the back of the adjacent sidewalk
shall be improved by the property owner concurrent with the fence installation.
b.The property owner shall provide a treatment plan for the strip of land as part of the
building permit application process.
c. The treatment plan shall provide for minimum treatment with grass, decorative rock,
wood, bark, or any combination of such materials or similar materials in a manner that
will minimize disturbance by natural elements or pedestrians. Additional landscaping
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ORDINANCE NO. 2456
PAGE 6 May 12, 2009
d.Approved landscaping, installed between the fence and the property line shall be
permanently maintained in a healthy growing condition. Dead, diseased, and dying
material shall be replaced immediately. Planted areas shall be maintained clear of
rubbish and debris.
e.Fences proposed along Valley Road, Yonezawa Boulevard, Grape Drive, Division
Street, and Nelson Road shall be three-dimensional, capped or framed, with twelve
inch (12") wide pilasters located a maximum of sixteen feet (16') apart. Pilasters shall
be of contrasting materials. The use of durable materials, such as masonry, is
strongly encouraged. Masonry columns a minimum of two feet (2') wide may be
placed every forty-eight feet (48') maximum if used in place of pilasters. All wood
materials used must be painted or stained. Fences that are not consistent with the
conditions specifically stated in this section may be allowed subject to the approval
of the Planning Commission.
f.Lots contained within subdivisions may not apply for an individual fence permit
unless the majority of the lots with arterial street frontage within that subdivision have
already legally constructed six foot (6') high fencing along the frontage. If less than
the majority of said lots have six foot (6') high fencing, then a subdivision fence
pursuant to 18.20.120. K is required.
D.Fences and walls shall not exceed eight feet (8') above finished ground level in any interior
side or rear yard.
E.Fences along walkways, pedestrian paths, or activity trail links open to the public shall be no
more than four feet (4') solid or six feet (6') open in height or a combination of both with a
maximum of four feet (4') solid portion starting from the top of the walkway, pedestrian path,
or activity trail. Fencing located within the front or exterior side yard setback area may not
exceed 4' in height. All fencing materials must be located inside the property line, and a
landscaping treatment is required for the exterior side of the fence up to the hard surface
pathway. This area shall be maintained by the property owner. The landscaping treatment
plan is required in conjunction with the fence permit application and shall include a minimum
treatment of grass, decorative rock, wood, bark, or any combination of such materials, or
similar materials, in a manner that will minimize disturbance by natural elements or
pedestrians. Additional landscaping is encouraged.
F.All fences in residential zones shall be constructed of material commonly used in residential
fence construction, such as wood, masonry, ornamental iron, chain link, and similar material.
Fences of synthetic materials that have the functional equivalence of natural or traditional
material may be substituted. Fences shall not be made of tires, or similar salvage materials,
not originally designed as structural components of fences or buildings
G.Electric fences and barbed wire fences shall be prohibited, except in the R-4 Zone where
they may be used to contain livestock. Such fences shall not be located within the front yard
setback area or along property lines adjacent to other residential and commercial zones and
shall be removed when the livestock use has been discontinued. Electric fences shall be
posted with permanent signs every fifty feet (50') stating that the fence is electrified. All
electric fences and appliances, equipment, and materials used in connection therewith shall
be listed or labeled by a qualified testing agency and shall be installed in accordance with
manufacturer's specifications and in compliance with the National Electrical Code.
H.Responsibility of Owners and Occupants:
1. It shall be the responsibility of the owner and/or occupant of the property where a fence
is erected to maintain the structure in good repair at all times. When a portion of the
fence exceeding twenty five percent (25%) of the street frontage is found to be in a
deteriorated condition and/or in need of repair, including, but not limited to, broken or
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ORDINANCE NO. 2456
PAGE 7 May 12, 2009
missing structural components, and/or the fence is substantially less than perpendicular
to grade, the Building Official, or his or her authorized agent, may order the fencing to be
repaired, replaced or removed depending on the condition of the fence. Such order shall
be in writing. If the fencing is ordered to be replaced, then new fencing shall meet the
current regulations.
2. The provisions of this section shall not apply to fences, walls, or shrubbery owned or
maintained by the city, or to fences constructed or maintained by any other governmental
body or agency, for which the principal purpose is inherent to public safety.
I.An installation permit shall be required for the construction, erection, or installation of a fence
or wall. All permit applications shall be reviewed and approved by the Building Official and
the City Engineer for vehicular and pedestrian safety. Fences and walls exceeding six feet
(6') in height are regulated by the State Building Code and require a building permit and
associated fees.
J.Additional information about fences is contained in MLMC 12.28.
K.Subdivision Fencing: Border fences or walls not to exceed six feet (6') in height along streets
bordering the subdivision and tapering to no higher than three feet (3') at street intersections
and/or subdivision entrances may be permitted for new subdivisions under the following
conditions:
1. The subdivision must be designed for interior street access to all lots abutting the border
street(s).
2. If such a fence is proposed it must be for all or a majority of the arterial street frontage the
subject lots abut. Individual fences taller than forty-eight inches (48") on independent lots
will not be permitted in the required set back areas.
3. Fences shall be three-dimensional, capped or framed, with twelve inch (12") wide
pilasters located a maximum of sixteen feet (16') apart. Pilasters shall be of contrasting
materials. The use of durable materials, such as masonry, is strongly encouraged.
Masonry columns a minimum of two feet (2') wide may be placed every forty-eight feet
(48') maximum if used in place of pilasters. All wood materials must be painted or
stained.
4. The fence may be installed along the public right-of-way line provided there is a minimum
of five feet (5') of irrigated landscaping between the fence and the street improvements
(sidewalk, curb, gutter, street trees). Border fences may not extend into the front yard on
corner lots.
5. A five foot (5') width of landscaping is required between the fence and the abutting
arterial, except that if the arterial is SR-17 than landscaping must comply with section
18.57.040. Landscaping for all other arterials must include one of the following
landscaping options:
a.Deciduous trees planted at an average spacing of twenty-five feet (25'), and a mix of
evergreen and deciduous shrubs, spaced no further than 4' apart that do not exceed
a height of four feet (4'), and non living groundcover; or
b.Deciduous trees planted at an average spacing of twenty-five feet (25'), and live
groundcover.
6. The type and design of the fence and landscaping shall be reviewed and approved by the
Planning Commission, and may be concurrent with the subdivision review process. The
review shall include the fence material, landscaping, maintenance and the timing of the
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.
Adopted by the City Council and signed by its Mayor on M 09.
Ronald C. Covey, M6yor
AP n ' OVED AS F R or
ORDINANCE NO. 2456
PAGE 8 May 12, 2009
installation of fence and landscaping. All applications for subdivision fencing or walls shall
be reviewed by the City Engineer for vehicular and pedestrian safety.
7.All landscaping elements, plant materials, and street trees shall be planted or installed
by the developer and permanently maintained pursuant to MLMC 18.57.090 by a
homeowner's association. In the absence of a homeowner's association, (i.e. if it is
disbanded) landscaping shall be maintained by the individual property owner.
8.A homeowner's association, or similar organization, is required and shall perpetually
maintain the fence and the landscaping. The developer and/or homeowners association
shall provide evidence of such perpetual maintenance. The Community Development
Director shall approve the evidence of the homeowners' association,
9.An irrigation system designed for the health of the street trees on arterial streets
maintained by the homeowner's association or individual owner shall be required.
18.20.150 Performance Standards Residential Structures:
A.Roof construction shall be of non-reflective materials.
B.Wheels and tongue of all manufactured homes not located in manufactured home parks shall
be removed.
C.All manufactured homes shall be new and previously untitled and shall bear the insignia of
approval by the State of Washington or the U. S. Department of Housing and Urban
Development indicating compliance with the National Manufactured Housing Construction
Safety Standards Act of 1974 (effective June 15, 1976).
D.Residential structures shall be constructed with a perimeter masonry or concrete foundation
that is in accordance with the State Building Code.
E.Residential structures shall have a hard surfaced route from the main entrance of the
residence to the street.
F.All required off-street parking spaces shall be paved. The access route from the street to the
parking spaces shall also be paved, unless the street is not improved with paving.
ATTEST:
Ronald R. Cone, Finance Director
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ames A. W itaker, City Attorney
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