2457ORDINANCE NO. 2457
AN ORDINANCE AMENDING CHAPTER 18.30 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "COMMERCIAL ZONES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.30 of the Moses Lake Municipal Code entitled "Commercial Zones" is amended as
follows:
18.30.030 Allowed Uses:
A. The Commercial 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 commercial
zones are included in this table. Land uses not listed are prohibited unless allowed through
the process specified in MLMC 18.30.030.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 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 18.30.010 and the 1987 version of the Standard Industrial Classification Manual.
LAND USES IN COMMERCIAL ZONES
USE CATEGORIES C-1 C-2 C-1A NC'
Retail
ORDINANCE NO. 2457
AN ORDINANCE AMENDING CHAPTER 18.30 OF THE MOSES LAKE MUNICIPAL
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vary outc.1067-"nie7cE'gridie—cfisrii-dy A A A A
Sidewalk sales A A A A
Christmas tree sales, non-profit organization sales or activities
associated with a seasonal event'
A A A A
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C C C C
C C C X 1
ORDINANCE NO. 2457
PAGE 2 May 12, 2009
LAND USES IN COMMERCIAL ZONES
USE CATEGORIES C-1 C-2 C-1A NC1
Vehicle sales lot8 X A C X
Gasoline stations'C A C Cl°
Drive thru for a permitted use C A C X
Wholesale
Wholesale use as an accessory use to a permitted retail use A A A X
Wholesale use when not associated with a retail use X A X X
Services
Service uses (other than those listed below)A A A All
Professional Offices, other than medical/dental/psychiatric A A A Al2
Medical/dental/psychiatric office or clinic C A A X
Hospitals X C C X
clubs, lodges, assembly halls A A A X
Lodging and assembly A A A X
Recreational Vehicle Parks (in compliance with MLMC 18.71)X C X X
Banking and financial services A A A X
Repair and maintenance, including vehicles and appliances 13 C A C X
Child care, day care A A A A
Veterinarian, small animals (pets)014 C C X
ORDINANCE NO. 2457
PAGE 2 May 12, 2009
LAND USES IN COMMERCIAL ZONES
USE CATEGORIES C-1 C-2 C-1A NC1
IL IL: II XLocal utilities, below ground y
Local utilities, above ground
Regional utilities
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PAGE 3 May 12, 2009 •
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LAND USES IN COMMERCIAL ZONES
USE CATEGORIES
Private or public passenger transportation systems 15 A A A A
Airports, landing strips, and air transportation facilities X C X X
Heliports C C C X
Industrial and Storage
On-site hazardous waste treatment and storage facilities'C C C
Off-site hazardous waste treatment and storage facilities X X X X
Wrecking yards, salvage yards, or junk yards X X X X
Light manufacturing when subordinate to a retail sales outlet and
contained in a building
A A A X
Storage, warehousing, and distribution, not associated with a retail
business
X A X
Construction site storage in sea-going containers or semi-trailers'A A A
Permanent storage in cargo container, in compliance with MLMC
18.76
X C X
Temporary storage in cargo container, in compliance with MLMC
18.76
X C C
Outside storage in conjunction with a principal use which is in an
enclosed adjoining building
X A C
Public and Institutional
Park, playground, athletic field, other non-commercial recreation A A A
Outdoor recreational, entertainment, or amusement facilities A A A
Festivals or other outdoor celebrations A A A
Schools, public and private C C C
Churches C C C
Libraries A A A
Residential
Manufactured or mobile home park X X X
Occupancy of trailers or recreational vehicles (except in an RV park)X X X X
Residential use in conjunction with a commercial structure A19 C C19 Azo
Multi-family residential use, not in conjunction with a commercial
structure C21 C C21 X
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ORDINANCE NO. 2457
PAGE 4 May 12, 2009
LAND USES IN COMMERCIAL ZONES
USE CATEGORIES C-1 C-2 C-1A NC'
Assisted Living Facility X C C X
Adult Family Home22 in an existing residence A A A A
Family Day Care Home' in an existing residence A A A A
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 material24
X X X X
Keeping of livestock. p oultry. rabbits. or bees X C X X
Footnotes for Table 1
1.All uses in the NC Zone are limited to those selling products and providing services to the
immediate neighborhood without attracting a significant number of patrons from outside the
neighborhood. No single use shall exceed ten thousand (10,000) square feet. Uses that have
outdoor sales require a conditional use permit. Drive thru not allowed.
2.Limited to ten thousand (10,000) square feet of gross floor area.
3.Includes establishments that serve liquor with meals. Limited to five thousand (5,000) square
feet of gross floor area. Drive thru not allowed.
4.Limited to five thousand (5,000) square feet of gross floor area.
5.Provided display is on private property and does not interfere with parking, traffic, or pedestrian
movement.
6.Daily open merchandise display is permitted on private property when conducted in
conjunction with the principal operation which is in an enclosed adjoining building provided that
such merchandise is taken in and stored in an enclosed building at the close of each business
day and that the display shall not interfere with parking, traffic, or pedestrian movement.
7.The listed outdoor temporary/seasonal uses are permitted outright not to exceed thirty (30)
days in duration. Temporary structures associated with the listed uses are permitted and shall
be exempt from the requirement for compliance with the State Building Code. The siting of
temporary structures shall be approved by the Building Official.
8.All areas where vehicles are stored must be improved with hard surface paving. A street
frontage buffer as specified in MLMC 18.57.040.A is required, even if landscaping is not
otherwise required. Loudspeakers are prohibited.
Must cH i tururCes imrig Chan he set back twenty-five feet (25') from property lines
11 II 10.Sales of tires, batteries, or other automobile parts is prori[bitec..111-,.—epAu!vv01
11.Limited to establishments selling products and providing services to the immediate
neighborhood without attracting a significant number of patrons from outside the
neighborhood. In the personal services category (SIC 72), funeral homes, crematories, and
ORDINANCE NO. 2457
PAGE 5 May 12, 2009
related uses; tattoo parlors, and Turkish baths are prohibited. No single use shall exceed ten
thousand (10,000) square feet and office uses are limited to two thousand (2,000) square feet.
12.Limited to two thousand (2,000) square feet. Engineering, accounting, research, management,
and related services (SIC 87) is not allowed.
13.In the C-1 and C-1A Zones, repair and maintenance, where allowed, shall take place entirely
within an enclosed building.
14.No outdoor boarding allowed.
15.A bus garage or similar facility is allowed only in the C-2 Zone.
16.In compliance with the performance standards of the State of Washington siting criteria for on-
site hazardous waste treatment and storage facilities and the requirements of this chapter;
provided that, on-site hazardous waste treatment and storage facilities are accessory to and
subordinate to a primary use which is a generator of hazardous waste.
17.Construction storage facilities may be located ten (10) days prior to start of construction and
shall be removed within ten (10) days of finish of construction. Start of construction shall be
defined as ten (10) days prior to the physical presence of construction activity on the site for
which a building permit has been issued. Finish of construction shall be defined as the date
of issuance of a Certificate of Occupancy.
18.Allowed only as a subordinate use.
19.Existing residential uses may remain. For new residential uses, at least 50% of the ground
floor area must be designated for retail, service, public, or commercial uses. Off-street parking
for residential tenants must be provided, in compliance with MLMC 18.54.
20.When located adjacent to a residential zone, the allowed residential density is the same as the
adjoining residential zone. See MLMC 18.31.050.
21.In the C-1 and C-1A Zones, this use is not allowed for properties that front on 3 rd Avenue.
22.Adult family homes shall be licensed by the Department of Social and Health Services, and a
city business license shall be required.
23.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
24. Excavation for the purpose of on-site construction or landscaping is permitted.
18.30.050 Development Standards for Commercial Zones:
A.Purpose. This section establishes the development standards and site requirements for uses
in the commercial 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 commercial zones are identified across the top row. The matrix cells contain the
requirements of each zone. The footnotes identify particular requirements applicable to a
ORDINANCE NO. 2457
PAGE 6 May 12, 2009
specific use, standard, or zone. Additional requirements for the NC zone are found in MLMC
chapter 18.31.
I TABLE 2: DEVELOPMENT STANDARDS IN COMMERCIAL ZONES I
'Development Standards C-1 C-2 C-1A NC I
Minimum lot size NR NR NR See MLMC 18.31.020
Maximum lot size NR1 NR NR1 3 acres
Maximum building height 4 stories or
62' 2
4 stories or
62'2
4 stories or
62' 2
See MLMC 18.31.040
Minimum Front yard
setback3
NR 15'NR See MLMC 18.31.030.A
Maximum front setback 0' 4 NR 0' 4 See MLMC 18.31.030.A
Exterior side yard setback3 NR 15'0'See MLMC 18.31.030.B
Interior side yard setback 3 NR NR NR See MLMC 18.31.030.B
Rear yard setback3 NR NR NR See MLMC
18.31.030.0
Landscaping required
(MLMC 18.57)
New parking
lots only
Yes New parking
lots only
Yes. Additional
requirements at MLMC
18.31.060
Buffer requirements MLMC
18.30.130
MLMC
18.30.130
MLMC
18.30.130
MLMC 18.30.130 and
18.31.060
Signage MLMC 18.58 MLMC 18.58 MLMC 18.58 MLMC 18.58 and
18.31.090
Outside storage allowed No MLMC
18.30.110
No No
Fencing requirements MLMC
18.30.120
MLMC
18.30.120
MLMC
18.30.120
MLMC 18.30.120 and
18.31.060
- • -. ►4 1/For Yes Yes Yes
Pedestrian requirements 11NR MLMC
18.30.160
NR= No Requirement for the zone. Other regulations may apply.
Footnotes for Table 2
1.No maximum lot size; however, any use over two (2) acres requires Planning Commission
approval as a conditional use.
2.The Planning Commission may allow buildings or structures to be erected to an additional
height after a public hearing and examination of the location and upon due proof to the
satisfaction of the Commission that the additional height will not be detrimental.
ORDINANCE NO. 2457
PAGE 7 May 12, 2009 •3. Setbacks:
A.Within the setback area shown on Table 2, no building or structure (as defined in
18.06.610) shall be allowed, except flagpoles, street furniture, transit shelters, signage,
fencing, slope stability structures, and improvements less than thirty inches (30") above
grade, including decks, patios, walks, and driveways. Some of these structures and
improvements require a permit.
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).
4. Portions of the building may be set back further than the maximum setback to allow for
features that encourage pedestrian use and activity along the street, such as building
modulation, pedestrian plazas or courtyards, covered or recessed entryways, commercial
uses or displays (such as vendors, newsstands, or cafes), public art (such as water features
or sculptures), or seating and/or planter areas.
18.30.060 Performance Standards: Uses within the commercial zones shall not inflict upon adjacent
property smoke, dust, dirt, glare, odors, steam, vibration, electrical interference, excessive hazard
or noise which exceeds the maximum permissible limits as herein defined.
A.Air Quality: Emissions from combustion and incineration, emissions from sources emitting
hazardous air pollutants, and emissions of suspended particles or fugitive dust shall not
exceed the standards set forth in Chapter 173-400 WAC, General Regulations for Air
Pollution. Where such emissions could be produced as a result of accident or equipment
malfunction, safeguards standard for safe operation in the industry shall be taken. Polluted
air streams shall be treated with the best available control technology.
B.Heat, Glare, and Humidity (Steam): Any activity producing humidity in the form of steam or
moist air, or producing heat or glare shall be carried on in such a manner that the heat, glare,
or humidity is not perceptible at or beyond the property line. Artificial lighting shall be hooded
or shaded so that direct light of high intensity lamps will not result in objectionable glare.
C.Odors: Any use producing odors shall be carried on in such a manner that offensive or
obnoxious odors shall not be perceptible at or beyond the property line.
D.Vibration: Every use shall be so operated that the ground vibration inherently and recurrently
generated from equipment other than vehicles is not perceptible without instruments at any
point beyond the property line.
E.Electromagnetic Interference: Electric fields and magnetic fields shall not be created that
adversely affect the public health, safety, and welfare, including but not limited to interference
with the normal operation of equipment or instruments or normal radio, telephone, or
television reception from off the premises where the activity is conducted. This section does
not apply to telecommunication facilities which are regulated by the FCC under the Federal
Telecommunication Act of 1996 or its successor.
F.Noise: Noise within the Commercial Zones must not exceed the maximum permissible noise
levels set forth in WAC 173-60-040 and this chapter as measured at the property line of the
noise source. •
ED AS TO FORM:
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ORDINANCE NO. 2457
PAGE 8 May 12, 2009
Maximum Permissible Environmental Noise Levels
Noise Source Property Receiving Noise by Zone
Residential Commercial Industrial
Commercial Zone 57 dBA*60 dBA 65 dBA
*Between the hours of 10 p.m. and 7 a.m., the noise limitations of the foregoing table shall
be reduced by ten (10) dBA for residential receiving property.
At any time of the day or night the applicable noise limitations may be exceeded for any
receiving property by no more than:
1.5 dBA for a total of fifteen (15) minutes in any one hour period.
2.10 dBA for a total of five (5) minutes in any one hour period.
3.15 dBA for a total of one and a half (1.5) minutes in any one hour period.
Exemptions to the maximum permissible noise level cited in this chapter shall be as
enumerated in WAC 173-60-050, Maximum Environmental Noise Levels Exemptions.
G. Fire and Explosive Hazard: The manufacture, use, processing, or storage of flammable
liquids, gases, or solids shall be in compliance with the State Fire Code, the State Building
Code, National Fire Protection Association standards, and any other state or nationally
recognized standards that may apply to the particular use, building, or process.
18.30.090 State Building Code, State Fire Code, State Mechanical Code, and State Plumbing Code
Requirements: All uses in the commercial zones must be in compliance with the applicable
requirements of the State Building Code, the State Fire Code, the State Mechanical Code, and
the State Plumbing Code except as may be provided in this chapter.
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.
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Adopted by the City Council and signed by its Mayor on May 12, 2009.
Ronald C. Covey,
ATTEST:
Ronald R. Cone, inance Director