Final 2024 0808 Special Meeting PacketMoses Lake City Council
Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member
Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member
Thursday, August 8, 2024
Moses Lake Civic Center – 401 S. Balsam
Joint Meeting with Planning Commission
Special Meeting Agenda
Call to Order – 5:30 p.m.
Development Code Update Study Session
(Continuation of 9 prior meetings in June and July)
Attached edits to draft 15.700 Community and Project Design Standards
Next Review: Boundary Line Adjustment and Binding Site Plan
Adjournment
Next Regular Council Meeting is scheduled for August 13, 2024
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
Link to information on the development code update can be found from the homepage cityofml.com.
Council-Planning UDC Workshop 8-8-24
Part 15.700 COMMUNITY AND PROJECT DESIGN STANDARDS
Chapter 15.705 COMMUNITY DESIGN STANDARDS
Chapter 15.710 PROJECT DESIGN STANDARDS
Chapter 15.715 PARKING
Chapter 15.720 LANDSCAPING AND BUFFERING
Chapter 15.725 FENCES, SCREENING, AND REFUSE STORAGE STANDARDS
Chapter 15.730 NONCONFORMING USES AND STRUCTURES
Chapter 15.735 SIGNS
Chapter 15.740 OUTDOOR LIGHTING
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Chapter 15.705
COMMUNITY DESIGN STANDARDS
Sections:
15.705.010 Compliance with Standards and Guidelines.
15.705.020 Sidewalks, Multi-Use Pathways, and Street Trees.
15.705.030 Street Design.
15.705.040 Performance Standards.
15.705.050 Pedestrian Standards.
15.705.060 Shoreline Master Program.
15.705.070 Community Street and Utility Standards and City Design Standards.
15.705.080 Structures over Easements or Right-of-Way.
15.705.090 Maintenance of Lots.
15.705.100 Maintenance of City Right-of-Way.
15.705.110 Issuance of a Business License or a Certificate of Occupancy.
15.705.120 Vehicle Maintenance.
15.705.130 General Residential Performance Standard.
15.705.010 Compliance with Standards and Guidelines.
A. Application. All development shall comply with the design standards and guidelines
applicable to the type of use and/or the district in which the proposed development is
located. The Director, or other decision maker so specified, shall have the authority to
apply the standards to specific development proposals as conditions of approval.
B. Standards Adopted by Reference. This Chapter recognizes and incorporates the
standard details for construction of public improvements, as it exists now or as it may
hereafter be amended. The City Council has established by resolution the standard
details for construction of public improvements, and other matters pertaining to the
MLUDC. The standard details for construction of public improvements shall be kept by
the City Engineer or the City Clerk and may be altered or amended by resolution of the
City Council. Where conflicts or inconsistencies arise between the standard details for
construction as approved by resolution of the City Council and those in other code
requirements, the standard details for construction as approved by resolution of the
City Council supersede those in other code requirements. Referenced guidelines or
standards:
1. Comprehensive Plan
2. Community Street and Utility Design Standards
3. Trails and Activity Paths
4. Parks, Recreation & Open Space Plan
5. Shoreline Master Program
6. Stormwater Management Manual for Eastern Washington
7. Complete Streets
8. Housing Action Plan
9. Wastewater Facility Plan
10. Water System Plan
C. Minimums. The standards and requirements established or referenced by this Chapter
are minimum requirements. These standards may be increased and additional
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requirements may be imposed for the purpose of mitigating identified probable
significant adverse environmental impacts pursuant to the State Environmental Policy
Act, Chapter 43.21C RCW, as now established or hereafter amended. Such additional
requirements may include, but shall not be limited to, off-site improvements to any
public facility, the dedication or improvement of parks and open spaces, and monetary
contributions to any City fund established to finance the provision of public services
D. Conflict. These standards are intended to supplement other provisions of the MLUDC
and other existing City codes applicable to developments. Where there is a conflict
between the provisions of this Chapter and other codes, the most stringent shall apply.
E. Chapter Not Exclusive. Compliance with the provisions of this Chapter does not
constitute compliance with other federal, state, and local regulations and permit
requirements that may be required (for example, Shoreline Substantial Development
Permits, Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic
Preservation Act, U.S. Army Corps of Engineers Section 404 permits, National Pollution
Discharge Elimination System permits). The Applicant is responsible for complying with
these requirements.
15.705.020 Sidewalks, Multi-Use Pathways, and Street Trees.
A. Sidewalks Multi-Use Pathways, and Street Trees. The following standards are
applicable:
1. Width: Unless otherwise specified in the referenced guidelines or standards the
minimum sidewalk width shall be five feet plus accommodations for street trees,
plantings, applicable stormwater, and curb. Multi-use pathways, designed per
standards and guidelines Community Street and Utility Design Standards, shall be
used in place of a standard sidewalk for all streets.
2. Street Trees and Plantings within Right-of-way (planter strip): Shall comply with the
requirements of MLUDC Chapter 15.720.
B. Multi-use Pathways.
1. Multi-use pathways, designed per standards and guidelines herein, may be used in
place of a standard sidewalk for all streets.
2. Multi-use pathways shall be constructed to WSDOT’s Shared Use Path design
standards (Chapter 1515 of the WSDOT Design Manual). This includes a minimum
paved width of ten (10) feet.
15.705.030 Street Design.
A. Streets, sidewalks, water, wastewater, stormwater and miscellaneous utility
infrastructure shall be laid out in a manner which allows for accessibility, further
development of all parcels within the region, and well-designed networks and
circulation.
B. The Applicant is responsible for constructing all the streets within the subdivision full
width, and all the streets adjacent to the subdivision half width. Except, the Applicant
shall be responsible for constructing the adjacent streets full width if the City
determines that the use within the subdivision requires full width streets.
C. The Applicant shall be required to design easements and dedications in a manner which
facilitates the future development of the region as determined by the Director. This
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shall be accomplished by establishing easements and dedications to the furthest lot line,
as well as other similar methods. Cul-de-sacs are limited and only allowed authorized by
the Director upon consultation with the City Engineer.
D. All easements and dedications shall be designed in a manner which provides the
necessary dimensional specifications required for future development.
E. All lots shall be provided with direct access to an improved public street meeting the
specifications contained in the MLUDC and as designated in the Comprehensive Plan.
Streets shall be improved to the standards as outlined in the MLUDC and as a condition
of development approval. All streets shall be dedicated to the City, except as provided in
MLUDC Chapter 15.330.
F. Development standards shall be reviewed concurrently with the related application for
a building permit, utility connection permit, land use permit, subdivision permit, or
other associated type of activity or permit.
G. Those public facilities and utilities required to be provided as a condition of approval
shall be fully operational or bonded for concurrency with the use and occupancy of the
development, except that concurrency for transportation facilities may be within six (6)
years of project approval at the discretion of the Director working in consultation with
the Public Works Director.
H. Development shall be prohibited if the development causes the level of service on a
locally owned transportation facility to decline below the standards adopted in the
transportation element of the comprehensive plan, unless transportation improvements
or strategies to accommodate the impacts of development are made concurrent with
the development. These strategies may include increased public transportation service,
ride-sharing programs, demand management, and other transportation systems
management strategies. For the purposes of this subsection, “concurrent with the
development” means that improvements or strategies are in place at the time of
development, or that a financial commitment is in place to complete the improvements
or strategies within six years. Highways of statewide significance are exempt from
concurrency requirements, pursuant to RCW 36.70A.070(6)(a)(iii)(C). See MLUDC
Chapter 15.250.
I. Street design shall meet the street functional classification.
15.705.040 Performance Standards.
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.
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C. Odors. Any use producing odors shall implement best available practices and use best
available technology so that offensive or obnoxious odors shall not be perceptible to a
person of normal sensitivity 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 Telecommunications Act of 1996 or its
successor.
F. Noise. Noise within the commercial and industrial zones must not exceed the maximum
permissible noise levels set forth in WAC 173-60-040.
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.
H. Health Regulations. All uses must be in compliance with all current health regulations.
I. State Building Code, State Fire Code, State Mechanical Code, and State Plumbing Code
Requirements. All uses 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.
J. Outside Storage. Outside storage is permitted in C-1A and C-2 zones when conducted in
conjunction with the principal use which is in an enclosed adjoining building. Outside
storage is prohibited in the other commercial zones.
K. Fences and Walls. All fences and walls will require a fence permit to be issued by the
Building Official prior to construction or installation. Electric and barbed wire fences are
prohibited, except that security fences containing barbed wire may be permitted subject
to review by the Building Official regarding the safety of such a fence. All applications for
permits to construct or install fences or walls shall be reviewed by the Building Official
and City Engineer for vehicular and pedestrian safety. Additional information about
fences is contained in MLUDC Chapter 15.725.
L. Stormwater and Drainage.
1. Each use shall provide for approved on-site or off-site detention or control of excess
stormwater runoff or drainage resulting from the use. No use shall cause
downstream property owners to receive stormwater runoff at a higher peak flow
than would have resulted from the same event had the use or improvement not
been present.
2. Stormwater shall comply with the Stormwater Management Manual for Eastern
Washington.
3. Stormwater runoff or drainage shall be controlled and contained on site except
where adequate off-site storm drainage systems are available. Stormwater runoff
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and/or drainage resulting from a use must be controlled so that water will not flow
onto a public sidewalk or onto adjacent property unless approved by the City
Engineer or Building Official. Drainage into City storm sewer or onto a City street
must be approved by the City Engineer.
15.705.050 Pedestrian Standards. The pedestrian standards encourage a safe, attractive, and usable
pedestrian circulation system in all developments. They ensure a direct pedestrian
connection between the street and buildings on the site, and between buildings and other
activities within the site. In addition, they provide for connections between adjacent sites,
where feasible
A. Improvements Required. An on-site pedestrian circulation system shall be provided.
The system shall meet all standards of this section.
B. Connection to the Street. The system shall connect all adjacent streets to the main
entrance. One (1) of the connections should be no longer than the straight-line distance
from the entrance to the closest sidewalk. It may not be more than twenty feet (20’)
longer or one hundred twenty percent (120%) of the straight-line distance, whichever is
less.
C. Connection to Neighboring Uses. The system shall connect to all adjacent properties.
The connections shall extend to the property line and connect to paths or sidewalks on
neighboring properties or to the likely location of connections on those properties.
When no connections exist on a neighboring property and extending a connection
would create a safety hazard or it is not possible to determine the likely location of
future connections on that property, the City of Moses Lake may enter into a legally
binding agreement with the owner of the property being developed to construct the
connection to the neighboring use when the property on which the use is located
develops or redevelops. This agreement shall run with the land and be recorded in the
Grant County Auditor’s Office.
D. Internal Connections. The system shall connect all buildings on the site and provide
connections to other areas of the site, such as parking areas, bicycle parking,
recreational areas, common outdoor areas, and any pedestrian amenities
E. Lighting. The on-site pedestrian circulation system shall be lighted to an intensity where
the system can be used at night by employees, residents, and customers. Lighting
should be at a height appropriate for a pedestrian pathway system.
F. Materials.
1. The circulation system shall be paved and be at least five feet (5’) wide.
2. Where the system crosses driveways, parking areas, and loading areas, the system
shall be clearly identifiable through the use of elevation changes, speed bumps, a
different paving material, or other equally effective methods. Striping does not
meet this requirement.
3. Where the system is parallel and adjacent to an auto travel lane, the system shall be
a raised path or be separated from the auto travel lane by a raised curb, bollards,
landscaping, or another physical barrier. If a raised path is used, the ends of the
raised portions shall be equipped with curb ramp.
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15.705.060 Shoreline Master Program. All property developed within two hundred feet (200’) of the
high water line of Moses Lake or its associated wetlands, and any associated uses relying on
the shoreline for such use, shall conform with the City’s Shoreline Management Plan.
15.705.070 Community Street and Utility Standards and City Design Standards. Uses must be in
compliance with Chapter 12 of the City Community Street and Utility Standards and City
Design Standards in effect at the time of issuance of a building permit except that
enlargement, alteration, replacement, or repair must be to current City standards.
15.705.080 Structures over Easements or Right-of-Way. No building or structure shall be constructed
or placed over dedicated right-of-way or over a public utility or municipal easement, except
as specifically allowed in other sections of the MLUDC. This section shall not be construed to
prohibit permitted signage. In commercial zones, awnings, roof overhangs, and similar
structures may project over City sidewalk when attached to buildings sited on property line
and fronting on a City street subject to review and approval by the Director and Building
Official.
15.705.090 Maintenance of Lots. Lots shall be maintained so as to not create a fire hazard and shall be
free of litter, debris, garbage, unsightly material, or weeds.
15.705.100 Maintenance of City Right-of-Way. The property owner shall be responsible for the
maintenance of City right-of-way from the back side of the curb, including but not limited to
sidewalks, planter strips, driveways, and landscaping. Where there is no curb, the property
owner shall be responsible for the maintenance from the edge of asphalt, back of ditch, or
traveled way.
15.705.110 Issuance of a Business License or a Certificate of Occupancy. No certificate of occupancy or
business license may be issued by the City until the premises in question have been
inspected and found by the Building Official to be in compliance with the provisions and
requirements of the MLUDC and MLMC.
15.705.120 Vehicle Maintenance. There shall be no maintenance of vehicles on City rights-of-way. Oil
and gasoline shall not be dumped on paved City streets or into catch basins or storm sewers.
15.705.130 General Residential Performance Standard. Uses within the residential zones shall not
inflict upon adjacent property smoke, dirt, dust, glare, odors, steam, vibration, noise,
electrical interference, or excessive hazard. Noise in the residential zones shall not exceed
the standards set forth in MLMC Chapter 8.28.
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Chapter 15.710
PROJECT DESIGN STANDARDS
Sections:
15.710.010 Applicability.
15.710.020 Site Design.
15.710.030 Outdoor Spaces.
15.710.050 Stormwater Management Manual for Eastern Washington.
15.710.060 Industrial Zoning Districts Standards.
15.710.070 Commercial Zone – Noise.
15.710.010 Applicability.
A. Development Types to be Reviewed. Project design standards, review, and approval is
required prior to the location, occupancy, or use of any:
1. Commercial project, building, or facility;
2. Industrial project, building, or facility; or
3. Any multi-family residential use or structure containing four or more dwelling units.
B. When Reviewed. Project design review shall apply to all new development, expansions,
or site improvements that will change the physical conditions of a site. Review shall be
required and processed along with the appropriate land use permit or associated with a
building permit application. This review must be approved prior to issuance of a building
permit.
C. Only Reviewing Project Design. Project design review is not intended to review and
determine the appropriateness of a given use on a particular site.
D. Project Requirements. Any project level requirement found within the MLUDC shall be
applied herein.
15.710.020 Site Design.
A. Site Design. The following design elements shall be applied to all projects:
1. Site Design Layout.
a. Sites shall be developed in a coordinated manner to complement the natural
topography and drainage, and adjacent structures through building placement,
architecture, and size/mass.
b. Whenever possible, buildings on the same site shall be designed to enhance
safe and convenient pedestrian access between buildings including plazas,
courtyards, pocket parks, and other pedestrian use areas connected by clearly
marked walkways.
c. Where appropriate, sites shall incorporate transit-compatible designs. “Transit
compatible” means designs that are pedestrian oriented, provide safe and
convenient access to transit facilities, and foster efficient transit service.
d. Where appropriate, sites shall be designed to provide vehicular and pedestrian
connections to adjacent sites.
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e. Landscaping shall make use of minimizing the need for water or irrigation
through xeriscape design, native plan species, and minimizing turf and irrigated
areas to appropriate levels for the site (such as establishing trees as an
example).
2. Tree Preservation.
a. Project design shall maximize the preservation of existing significant tree stands
and significant individual trees, especially on slopes, street frontages, and on the
perimeter of the site.
b. Project design shall incorporate existing natural and native vegetation into the
site design wherever possible.
3. Setback Landscaping. Landscaping shall comply with MLUDC Chapter 15.720.
a. Setback areas are to be landscaped and covered with live plant materials.
b. Setback landscaping may include low impact development stormwater
management facilities that are not fenced and can be designed to integrate
vegetation appropriately into the setback’s landscape area.
4. On-site Pedestrian Circulation.
a. Pathways between dwelling units and the street are required. Such pathways
shall make a direct connection to the street.
b. The pedestrian circulation system shall connect entrances on the site.
Pedestrian connections to other areas of the site, such as parking areas,
recreational areas, common open space, and other amenities shall be required.
Pedestrian pathways may be located within setback landscaping.
c. Pedestrian pathways shall be clearly defined and designed to be separated from
driveways and parking areas, through the use of raised curbs, elevation changes,
bollards, landscaping, different paving materials, and/or other similar
treatments. Striping does not meet this requirement.
5. On-Site Vehicular Circulation, Parking, and Bicycle Facilities.
a. Vehicular access points from public roads or primary private drives shall be
limited, by sharing driveways and linking parking lots between adjacent uses.
b. On-site primary vehicular circulation drives shall be separated and provide
minimal vehicular conflict with parking areas.
c. Parking garages should be designed and sited to complement, not dominate,
the streetscape and shall be screened when visible from public streets. Above-
grade parking garages shall be designed to incorporate architectural elements
that complement the adjacent buildings.
d. Bicycle racks shall be located near the entrances to each commercial, multi-
family or mixed use buildings, and to the main features of each recreational
amenity.
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B. Screening Standards. Mechanical equipment, trash and recycling dumpsters, and any
outdoor related equipment shall be screened from abutting properties, public rights-of-
way, and open space with a combination of fencing and landscaping. Screening shall be
complementary to the materials and colors of the primary structure(s) and shall be of a
height appropriate to reduce the appearance of the materials being screened. See
MLUDC Chapter 15.725.
15.710.030 Outdoor Spaces.
A. Design and locate outdoor spaces and gateways as outlined in the Comprehensive Plan
and Sub-Area Plans.
1. All outdoor spaces shall be ADA and handicapped-accessible;
2. Outdoor spaces will be evaluated with the following considerations:
a. Orientation. Orient to sunlight to the maximum extent feasible and provide
good physical and visual access to the sidewalk or walkway, so that the space is
perceived as an extension of the sidewalk.
b. Dimensions. Size is adequate for seating, planting, etc., but not so large as to
appear barren and uninviting.
c. Seating. Provide seating at comfortable height and depth, and appropriate
arrangement appropriate for both single and group users.
d. Pavement. Use nonglare, nonslip, and safe surface materials.
e. Trees and Planting. Consider provision for shade and sun. Use to create space
and define human scale. Provide protection from wind.
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f. Amenities. Use pedestrian-scaled lighting, fountains or other water features,
litter receptacles and sheltered waiting areas.
g. Physical Access. Ensure ready physical as well as visual access with special
attention to elevation differences.
h. Enclosure. Use landscaping or structure to provide a sense of enclosure, while
ensuring visual access for safety;
B. Recognize the transportation and recreation uses to provide pedestrian and bicycle
connections from private development adjacent to the corridor, when appropriate, to
preserve the opportunity for future multi-modal transportation access. Site design will
be evaluated with connectivity of trails, sidewalks, and bike routes in mind.
15.710.050 Stormwater Management Manual for Eastern Washington. All projects shall comply with
the current Stormwater Management Manual for Eastern Washington.
15.710.060 Industrial Zoning Districts Standards.
A. Air Quality. Air emissions shall meet applicable state and federal regulations, including
but not limited to Title 173 WAC - Department of Ecology, and Title 296 WAC –
Department of Labor and Industries. Where emissions could be released as a result of
accident or equipment malfunction, standard safeguards for safe operation of the
industry involved shall be taken. Air emissions can include but are not limited to smoke,
dust, particulate matter, odor, or gas/vapor.
B. Odors. Any use producing odors shall implement best available practices and use best
available technology so that offensive or obnoxious odor shall not be perceptible to a
person of normal sensitivity at or beyond the property line. Any use producing odors
shall implement best available practices and use best available technology so that
offensive or obnoxious odors shall not be perceptible to a person of normal sensitivity at
or beyond the Industrial Zone boundary line.
C. Heat and Humidity. Any use or activity producing heat or humidity in the form of steam
or moist air shall be carried on in such a manner that the heat or humidity is not
perceptible at or beyond the property line.
D. Glare. Any activity producing glare shall be carried on in such a manner that the glare is
not perceptible at or beyond the property line. Building and infrastructure materials
with high reflectivity of light shall not be used or shall receive surface treatments to
prevent the reflection of light or glare onto areas within and surrounding Industrial
Zones. Artificial lighting shall be hooded or shaded so that direct light of high intensity
lamps will not result in glare when viewed from public streets or neighboring properties.
E. Vibrations. Every use shall be so operated that any air or ground vibration recurrently
generated from equipment other than vehicles is not perceptible without instruments at
any point on or beyond the property line.
F. Hazardous Materials. The manufacture, use, processing or storage of hazardous
materials or substances shall be permitted in accordance with the regulations of the
State Building Code, State Fire Code, the National Fire Protection Association standards
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as set forth in Titles 51 WAC, Chapter 296-843 WAC, Chapters 19.27 and 35.21 RCW,
and compliance with any other state or nationally recognized standards that may apply
to the particular use, building, or process.
G. Industrial Wastes. The storage, processing, or disposal of dangerous or hazardous waste
shall be subject to the regulations of Title 173 WAC - Department of Ecology and Title
296 WAC – Department of Labor and Industries.
H. Flammable and Explosive Hazards. The manufacture, use, processing, storage, and
disposal of flammable liquids or materials that produce or are innately flammable or
explosive substances shall be subject to the regulations of the State Building Code, State
Fire Code, the National Fire Protection Association standards as set forth in Titles 51
WAC, Chapter 296-843 WAC, Chapters 19.27 and 35.21 RCW, and compliance with any
other state or nationally recognized standards that may apply to the particular use,
building, or process.
I. 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 Telecommunications Act of 1996 or its
successor.
J. Noise. Noise emanating from a use or activity within an industrial zone which exceeds
the maximum permissible noise levels set forth in WAC 173-60-040 and this Chapter
shall not be permitted.
Table 15.710.060 – Maximum Permissible Environmental Noise Levels
from a Noise Source in an Industrial Zone (Chapter 173-60 WAC)
Property Receiving Noise by Zone Maximum Noise Level
Residential* 60 dBA
Commercial 65 dBA
Industrial 70 dBA
*Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations
shall be reduced by 10 dBA for receiving property in residential zones.
At any hour 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 15 minutes in any 1-hour period
2. 10 dBA for a total of 5 minutes in any 1-hour period
3. 15 dBA for a total of 1.5 minutes in any 1-hour period
Exemptions to the maximum permissible noise levels cited in this
Chapter shall be as enumerated in WAC 173-60-050, Maximum
Environmental Noise Levels Exemptions.
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K. Additional Requirements. Additional requirements are found in other Chapters of the
Municipal Code, other adopted City regulations, and applicable State and Federal
agency regulations, including but not limited to the following:
1. Washington State Building Code, Title 51 WAC,
2. Chapters 19.27 and 35.21 RCW, including to the State Building Code, State Fire
Code, State Mechanical Code, and State Plumbing Code.
3. Washington State Department of Ecology, Title 173 WAC.
4. Washington State Public Health and Safety, Title 70 RCW.
5. Washington State Environmental Health and Safety, Title 70A RCW.
6. Washington State Department of Labor and Industries, Title 296 WAC.
7. Washington State Labor Regulations, Title 49 RCW.
8. Washington State Public Highways and Transportation, Title 47 RCW
15.710.070 Commercial Zone – Noise. Noise emanating from a use or activity within a commercial zone
which exceeds the maximum permissible noise levels set forth in WAC 173-60-040 and this
Chapter shall not be permitted.
Table 15.710.070 – Maximum Permissible Environmental Noise Levels
from a Noise Source in an Commercial Zone (Chapter 173-60 WAC)
Property Receiving Noise by Zone Maximum Noise Level
Residential* 57 dBA
Commercial 60 dBA
Industrial 65 dBA
*Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations
shall be reduced by 10 dBA for receiving property in residential zones.
At any hour of the day or night the applicable noise limitations may be
exceeded for any receiving property by no more than:
4. 5 dBA for a total of 15 minutes in any 1-hour period
5. 10 dBA for a total of 5 minutes in any 1-hour period
6. 15 dBA for a total of 1.5 minutes in any 1-hour period
Exemptions to the maximum permissible noise levels cited in this
Chapter shall be as enumerated in WAC 173-60-050, Maximum
Environmental Noise Levels Exemptions.
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Chapter 15.715
PARKING
Sections:
15.715.010 Applicability.
15.715.020 General Standards.
15.715.030 Specific Parking Requirements.
15.715.040 Location of Parking Area.
15.715.050 Bicycle Facilities Standards.
15.715.060 Specific Loading Requirements.
15.715.070 ADA Accessibility
15.715.080 Development and Maintenance.
15.715.090 On-Site Drainage for Parking Lots.
15.715.100 Waivers and Exceptions.
15.715.110 Electric Vehicle Charging Station Standards.
15.715.010 Applicability.
A. Applicability. Unless exempt as provided herein, the requirements of this Chapter shall
apply to all of the following:
1. New development.
2. Replacement or improvement of more than forty-five percent (45%) of existing
impervious surfaces on a developed site.
3. A twenty-five percent (25%) or greater expansion of an existing parking lot.
4. Any addition, remodel, alteration, or repair of a structure that increases the gross
floor area by more than seventy-five percent (75%) or where the cost of the
addition, remodel, alteration, or repair exceeds seventy-five percent (75%) of the
existing assessed value of the structure.
5. Change of occupancy (per the Building Code).
B. Exceptions.
1. No off-street parking shall be required for home occupations or for businesses
located within the C-1 Central Business District and the C-1A Transitional
Commercial Zone.
2. Preservation and Maintenance. The following parking area maintenance practices
are exempt from the requirements of this Chapter:
a. Pothole and square cut patching.
b. Crack sealing.
c. Vegetation maintenance.
d. Overlaying existing asphalt or concrete pavement with bituminous surface
treatment (BST or “chip seal”).
15.715.020 General Standards.
A. Access and Capacity. The parking and/or loading areas shall have reasonable access and
a capacity according to the use of the property listed in the following sections. Where a
use is not listed, the Director shall determine the required parking and/or loading space
based on similar uses for which the requirements are specified or based on an analysis
of likely parking needs.
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B. Wheel or Bumper Stops. Wheel or bumper stops shall be required to prevent vehicles
from overhanging walkways, property lines, or other limits of a parking facility and to
prevent damage to landscaping.
C. Use of Streets. Except for single family dwelling, duplex or triplex unit driveways, access
or aisles shall be designed in a manner which does not permit backing movements or
other maneuvering within or onto a street other than an alley.
D. Aisles. Aisle width shall be a minimum of twenty-four feet (24’) for two way traffic and,
as applicable, meet fire lane standards. One way traffic aisle can be reduced in width
upon approval by the Fire Department.
E. Drive Through Windows. Drive through windows shall have a stacking lane of a
minimum of one hundred twenty feet (120’) and shall be designed to not block access,
parking aisles, or fire lanes.
F. Landscaping. Parking lot landscaping shall comply with MLUDC Chapter 15.720,
Landscaping.
G. Carpool Parking. For industrial, commercial, and institutional uses where there are
more than fifty (50) parking spaces on the site, the following standards must be met:
1. Five (5) spaces or five percent (5%) of the parking spaces on the site, whichever is
less, must be reserved for carpool use. More spaces may be provided, but are not
required.
2. Signs must be posted, or painted within the spaces, indicating that these spaces are
reserved for carpool use.
H. Litter Receptacles. All off-street parking areas serving retail uses and restaurants shall
provide at least one (1) outdoor litter receptacle within the parking area or at the
building entrance. One (1) additional outdoor litter receptacle shall be provided within
the parking area or at the building entrance for each seventy-five (75) parking spaces
located on the site.
I. Parking Space Dimensions. Except for compact car spaces, each parking space shall be
no less than nine feet (9’) wide and twenty feet (20’) long.
J. Compact Parking Spaces. Ten percent (10%) of the total spaces required may be for
compact cars only. These spaces must be designated. Each compact space shall be at
least eight feet (8’) wide and sixteen feet (16’) long and shall be clearly identified as a
compact car space by painting the word “COMPACT” in capital letters, a minimum of
eight inches (8”) high, on the pavement at the base of the parking space and centered
between the striping.
K. Mixed Occupancy Building. A building that has mixed occupancies shall provide parking
for each use as required in MLUDC 15.715.030.
15.715.030 Specific Parking Requirements.
Table 15.715.030 – Specific Parking Requirements
LAND USE REQUIRED PARKING
RESIDENTIAL
Duplex 2 per dwelling unit
Manufactured home park 2 per dwelling unit plus 5% of total for guest parking
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Studio and 1-bedroom apartment 1 per unit, plus 5% of total for guests
Multi-family 2 per unit for 2 or more bedrooms plus 2% of total for
guests.
Senior citizen dwellings/apartments 0.5 per unit
Single-family homes (including
manufactured homes) 2 per unit
RETAIL BUSINESS
Appliance and furniture sales/service 1 per 1,000 square feet of display area
Automobile sales/rentals 1 per 400 gross square feet of inside display area, 1 per
2,000 gross square feet of outside display area
Building supply and home improvement 1 per 1,000 gross square feet of warehouse area
Convenience store
1 per 350 gross square feet, plus 2 for every 2.5 seats of
on-site seating, but not less than 10. Service area at gas
pumps shall not be counted as parking spaces
Equipment rental shop
1 per 300 gross square feet of retail, office or shop use, 1
per 1,000 gross square feet of outdoor storage or display
area
Espresso/latte stand (no seating) 1, plus 1 per employee
Greenhouse/nursery 1 per 400 gross square feet of indoor retail, 1 per 1,000
gross square feet of outdoor display or storage area
Landscape materials sales 3 plus 1 per employee
Motor vehicle parts sales/service 1 per 300 gross square feet
Print shop 1 per 400 gross square feet
Recreational vehicle sales and service 1 per 3,000 gross square feet of display area
Restaurant 1 per 100 gross square feet, except when located in a
shopping center
Retail, e.g., grocery store, drug store, shoe
store, etc. 1 per 250 gross square feet
Shopping centers
4.5 per 1,000 square feet of gross leasable area (GLA) for
centers having GLA less than 400,000 gross square feet,
and 5 per 1,000 gross feet of GLA for centers having a
GLA over 400,000 gross square feet
Tavern 1 per 4 seats
SERVICE
Animal clinic/veterinary 1 per 250 square feet of gross indoor floor area
Assisted living facility 1 per 4 residents, plus 1 per staff on largest shift
Automobile/truck/RV/motorcycle service,
painting, repair, body, and fender work
1 per 300 gross square feet of building minus service
bays, plus 2 per service bay
Banks, savings and loan, etc. 2.5 per 1,000 gross square feet
Barber shop and beauty shops 2 per station
Carpenter shop 1 per 600 gross square feet
Carwash 1 per employee, 2 spaces per stall for drying purposes
Day care, child and adult 1 per employee, plus 1 per 10 children or adults
Dry cleaning, linen, laundry 1 per 500 square feet, plus 1 per employee
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Funeral home 1 per 4 seats or 8 lineal feet of bench in chapel area
Hospital 1 per 4 patient beds, plus 1 space per doctor, plus 1 per
each 3 additional employees
Hotel/motel 1 per guest room, plus 1 per shift employee for the
largest shift
Kennel/animal boarding/shelter 3, plus 1 per shift employee
Laboratories 1 per 600 gross square feet
Medical/dental clinic 1 per each doctor or dentist, plus 1 per 250 gross square
feet
Office, professional and general 1 per 250 gross square feet
Recreational vehicle park/campground 1 per RV site/campsite, 1 per employee
INDUSTRIAL
Industrial warehouses, freight terminals,
manufacturing, etc. 1 per shift employee on the maximum shift
Brewery, winery and/or distillery 1 per shift employee on the maximum shift, plus 1 per 4
seats in any tasting room or other visitor facility
Showroom (appurtenant to industrial use) 1 per 500 gross square feet of display area
PUBLIC AND SEMI-PUBLIC
Auditorium, theaters, stadium 1 per 4 fixed seats or 8 lineal feet of bench seating
Church or other place of worship 1 per 4 seats or 8 lineal feet of bench seating
College or university 1 per 2 students, plus 1 per employee
Community hall, club or lodge 1 per 200 gross square feet
Dance, exhibition and assembly halls 1 per 75 square feet of gross floor area of main assembly
room
Golf course 2 per hole
Golf driving range/training center 2 per designated driving station on driving range and 1
per 500 square feet of putting/chipping green
Libraries 1 per 400 square feet of gross floor area
Sports field 20 per acre of site
Swimming pool 1 per 100 gross square feet of water surface area
Tennis, racquetball and similar courts 2 per court
Exercise facility/gym athletic club 1 per 100 gross square feet
Fire, police station 1 space per employee on the maximum shift
Post office, postal center 1 per 200 gross square feet of public area, plus 1 per
employee
Racetrack 1 per each 4 fixed seats or 8 lineal feet of bench seating
School, training/learning, professional,
vocational and trade 1 per 2 students
Schools, public and private preschool 1.5 per teacher
Schools, public and private K through 8 1 per teacher, plus 1 per other employees
Schools, public and private 9 through 12 1 per 2 students, plus 1 per shift employee
Transit center 1 per 200 gross square feet
Skating rink 1 per 200 gross square feet
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15.715.040 Location of Parking Area.
A. Residential. Required parking space shall be located adjacent to the residence.
B. Commercial, Industrial, Public, and Institutional. Required parking shall be on site or
within three hundred feet (300’) of the building, unless authorized by the Director.
Businesses located within a C-1 Central Business District and C-1A Commercial
Transitional Zone shall be exempt from the parking requirement.
15.715.050 Bicycle Facilities Standards.
A. Bicycle Parking Spaces. Off-street parking areas shall contain at least one (1) bicycle
parking space for every twelve (12) spaces required for motor vehicles except as
follows:
1. If there are less than twelve (12) parking spaces, no bicycle facilities are required.
2. The Director may reduce bike parking facilities when it is demonstrated that bicycle
activity is unlikely to occur at that location.
3. The Director may require additional spaces when it is determined that the use or its
location will generate a high volume of bicycle activity. Such a determination will
include but not be limited to the following uses:
a. Park/playfield.
b. Library/museum/arboretum.
c. Elementary/secondary school.
d. Sports club.
e. Retail business (when located along a developed bicycle trail or designated
bicycle route).
B. Location of Bicycle Parking. All bicycle parking shall be located on the ground level and
within one hundred feet (100’) of the building entrance, shall be located in safe, visible
areas (i.e., in view of windows, street, or sidewalk) that do not impede pedestrian or
vehicle traffic flow, and shall be well lit for nighttime use. In the case of multiple
businesses, bicycle parking shall be placed in multiple locations or near the center of the
development. Covered bicycle parking is optional but encouraged. See Diagram 1.
C. Required Improvements. Bicycle parking shall be improved in accordance with the
following requirements:
1. Bicycle racks shall enable a U-lock to lock both the frame of the bicycle and bicycle
tire to the bicycle rack.
2. Bicycle racks shall support the frame of the bicycle in at least two (2) places.
3. Bicycle parking shall not encroach upon the five foot (5’) sidewalk or the required
pedestrian connection.
4. Bicycle parking shall be secured with tamper-proof screws or be cast in place upon
concrete.
5. Bicycle racks shall be a “U” bike rack. See Diagram 2.
6. Variations may be allowed if it the intent of subsections (C)(1) through (C)(4) of this
section are met. Requests may be submitted to the Department.
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15.715.060 Specific Loading Requirements.
A. General Loading Requirements. Other than those listed in subsection B of this section,
commercial, industrial, and public utility uses shall provide truck loading and unloading
space as follows:
Table 15.715.060(A) General Loading
Requirements
Square Feet of Floor Area No. of Spaces Required
Less than 10,000 0
10,000-30,000 1
30,001-100,000 2
100,001 and over 3
B. Special Loading Requirements. Restaurants, office buildings, hotels, motels, hospitals
and institutions, schools and colleges, public buildings, recreational or entertainment
facilities, and any similar use shall provide off-street truck loading or unloading spaces
as follows:
Table 15.715.060(B) Special Loading
Requirements
Square Feet of Floor Area No. of Spaces Required
Less than 30,000 1
30,001-100,000 2
100,001 and over 3
C. Size of Loading Space. A loading space shall consist of a space not less than ten feet (10’)
wide, thirty-five feet (35’) long, and a height clearance of fourteen feet (14’). Where
vehicles generally used for loading and unloading exceed these dimensions, the
required length of these spaces shall be increased. The Building Official may waive the
height requirement upon receipt of evidence that such height is unnecessary.
D. Location of Loading Area. The required off-street loading area shall be located on the
same lot with the use it is intended to serve.
E. Restriction on Use. Off-street parking areas used to fulfill the requirements of this title
shall not be used for loading and unloading operations except during periods of the day
when not required to serve parking needs.
15.715.070 ADA Accessibility. The type and number of Americans with Disabilities Act (ADA) compliant
parking spaces shall be subject to applicable state law, and each ADA parking space shall be
considered as one (1) parking space for the purposes of calculating required parking
15.715.080 Development and Maintenance.
A. Parking Improvements. Every parcel of land hereafter used for parking purposes shall
be developed and permanently maintained in accordance with the following
requirements:
1. Surfacing.
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a. Parking areas shall be surfaced with an asphaltic or cement binder pavement or
other approved material. Parking areas shall be built on a suitable base so as to
provide a durable and dustless surface and shall be so graded and drained as to
properly dispose of all surface water on site.
b. Asphalt, brick, concrete paving, and interlocking paving blocks, including semi-
pervious systems that retain space for vegetation, are acceptable paving
materials.
c. All parking surfaces shall be maintained in sound condition free of weeds, dust,
trash, debris, potholes, and other hazards.
d. Any parking lot adjacent to an existing paved street shall be maintained in hard
surface paving, including parking spaces, access aisles, and all areas to be driven
on by vehicles.
2. Striping.
a. All required stalls, aisles, loading zones, fire lanes, and no parking areas shall be
striped or otherwise designated to provide for the safe loading, unloading,
parking, and storage of vehicles.
b. Single-family residential and two (2) family residential are exempt from striping
requirement.
3. Parking Lot Lighting. Any lighting used to illuminate a parking lot shall be directed
and shielded as to not illuminate surrounding properties. Light standards shall not
exceed eighteen feet (18’) in height measured from grade to the highest point of the
equipment. In instances where it can be established that additional height is
required for health and safety reasons, an additional five feet (5’) in height is
allowed, subject to review and approval by the Building Official.
B. Low Impact Development (LID). LID is encouraged for all parking areas. In parking lot
design, this can be achieved with the use of the following design features:
1. Pervious paving material.
2 Flat curbing to encourage stormwater flows to drainage facilities.
3. Vegetative islands and perimeter buffers, planted with native plant species tolerant
of and adapted to the amount of moisture anticipated in the island or buffer.
4. Vegetated islands and medians located below grade so water will flow to them.
5. Vegetated, natural drainage swales.
6. Creation of wetland cells planted with appropriate plant species and strategically
located to capture runoff.
7. Grading across the lot to encourage runoff flows to drainage areas.
15.715.090 On-Site Drainage for Parking Lots.
A. Best Management Practices. It is the intent of these regulations to require the use of
best management practices (BMPs) per the Eastern Washington Stormwater Manual to
minimize, treat, prevent and/or reduce degradation of water quality and flooding
potential due to stormwater runoff from parking. The stormwater management system
shall be designed, constructed, and maintained with BMPs to minimize runoff volumes,
prevent flooding, reduce soil erosion, protect water quality, maintain or improve wildlife
habitat, and retain all stormwater on site pursuant to MLMC Section 13.35.030.
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B. Stormwater Infiltration. Infiltration of stormwater shall be accommodated to the extent
possible through limitation of land disturbance and grade changes, retention of existing
natural drainage areas and wetlands, and use or creation of vegetated islands,
vegetated medians, and vegetated perimeter buffer strips.
C. Drainage Patterns. Natural drainage patterns shall be maintained to the extent
practicable. The Applicant must demonstrate, through information provided on and in
association with the proposed site plan, the existing and proposed drainage patterns
and calculated flows.
D. Impervious Surface Reduction. Measures that shall be considered to reduce the amount
of impervious surfaces in all proposed parking lots include:
1. Provide pervious parking stall surfaces.
2. Provide pervious overflow parking.
3. Provide pervious snow-storage space.
4. Conserve existing natural areas, including trees, on site.
15.715.100 Waivers and Exceptions.
A. Bicycle Parking. The Director may reduce bicycle parking facilities for patrons when it is
demonstrated that bicycle activity is unlikely to occur at that location, provided bike
rack parking is not completely eliminated.
B. Minimum Parking Spaces. An Applicant may request a modification of the minimum
required number of parking spaces by proving that parking demand can be met with
reduced parking. In such cases, the Director may approve a reduction of up to fifty
percent (50%) of the minimum required number of spaces.
C. Overflow Parking. Overflow parking areas and event-parking areas may use turf or
other pervious surfaces. “Overflow parking” shall be defined as off-street parking in
excess of the minimum required by this Chapter, not used more than fifteen (15) times a
year. All parking areas for which paving is waived shall meet the minimum requirements
of the State Building Code. All parking areas shall be constructed with proper drainage.
D. Existing Building. When an existing building is occupied by a new use which would
require greater parking or loading space than is provided, the Director may waive the
additional parking requirement provided the Director finds existing development
renders compliance with the requirement impractical.
15.715.110 Electric Vehicle Charging Station Standards.
A. Parking spaces designated for electric vehicle charging shall be included in the
calculation of the number of off-street parking spaces provided pursuant to this
Chapter.
B. Each electric vehicle charging station space shall be posted with signage indicating the
space is for electric vehicle charging purposes. Signage should include identifying
voltage and amperage levels, time of use, fees, safety or other information. See
examples below of typical signage:
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C. Installation of wayfinding signs should be conveniently located to effectively guide
motorists to the charging station space(s). Such signs shall comply with this sign
standards.
D. Where charging station equipment is provided adjacent to a pedestrian circulation area,
such as a sidewalk or accessible route to the building entrance, charging equipment
shall be located so as not to interfere with accessibility requirements of WAC 51-50-005,
as amended.
E. Alternative Parking Bonus. The addition and/or inclusion of electric vehicle parking
spaces will receive a bonus of a reduction of 20% from the overall parking requirement.
F. Battery exchange stations shall store all batteries in an enclosed building. No outdoor
storage is permitted. All batteries that are beyond their useful life shall be recycled or
disposed of in accordance with requirements established by the State Department of
Ecology, State Department of Transportation, and the Environmental Protection Agency.
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Chapter 15.720
LANDSCAPING AND BUFFERING
Sections:
15.720.020 010 Applicability.
15.720.020 General Landscaping Requirements.
15.720.030 Residential Landscaping.
15.720.030 040 Buffer Landscaping.
15.720.040 050 Parking Lot Landscaping.
15.720.050 060 Water Conservation.
15.720.070 Approval of Landscape Plan and Installation of Landscaping.
15.720.080 Prohibited Plants.
15.720.010 Applicability. The provisions of this Chapter regarding landscaping shall apply to all new and
rehabilitated landscaping for:
A. New Development.
1. Commercial and industrial development projects.
2. Developer-installed landscaping in multi-family and single-family residential
projects.Residential subdivision projects.
3. Residential development in any zoning classification, with the exception of building
permit applications for single-family homes and their accessory uses.New residential
construction as part of a subdivision. Residential dwelling unit that revises,
maintains or alters existing landscaping is exempt.
4. Public agency projects.
5. Installation of a new parking lot or structure that includes twenty (20) or more
parking stalls.
B. Expansions and Enlargements.
1. The gross floor area of an existing structure is expanded or enlarged by fifty50
percent (50%) or more, with the exception of single family homes and ADU
additions; or.
2. There is a change of use of the existing building that requires an increase of off-
street parking by 50 fifty percent (50%) or more.; or
15.720.020 General Landscaping Requirements.
A. Landscape Required. A landscape plan with designed landscaped areas shall be
submitted as a part of all development applications where landscaping, buffering, or
screening is required.
1. All submitted landscape plans shall meet the minimum standards as outlined in this
Chapter and shall include the following elements:.
a. Name and address or location of project.
b. Date of the plan.
c. North arrow and scale (standard engineering scale, 1" = 50' or larger).
d. All property lines, rights-of-way, streets, walks, vehicular drives, parking lots,
curbing, existing and proposed structures, building entrances, overhead and
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underground utilities, freestanding lights, service or loading areas, signs, open
spaces, plazas, and recreation amenities, with materials noted.
e. Proposed location of all trees, shrubs, ground cover, and any proposed or
existing physical elements, such as fencing, walls, curbing, or benches.
f. A legend which shows symbols and types of plant and a plant schedule which
indicates the scientific and common names, quantities, spacing, and sizes at
planting and maturity for all plants in the landscape plan.
g. Location and details of irrigation system. The source of water and type of
irrigation system shall be noted.
i. Location and dimensions of any Critical Areas.
j. A calculation of the square footage of landscaping proposed.
l. Such other submissions consistent with this Chapter as may be required by the
Department.
2. A landscape plan shall be prepared by a person experienced in the selection and
installation of plants. For multifamily projects with five (5) or more units and non-
residential projects with more than twenty thousand (20,000) square feet of gross
floor area, the landscape plan shall be prepared by one of the following: licensed
landscape architect, or Certified Professional Horticulturalist. Landscape and
irrigation plans shall be prepared by a certified landscape architect, Washington
State certified nursery professional, Washington State certified landscaper, or other
qualified person with experience in landscape design as approved by the Director.
Landscaping plans for existing single family dwelling units not associated with
subdivision approved landscaping are exempt from this requirement.
3. The owner and occupant of the property are jointly and severally responsible for
maintaining or assuring the ongoing maintenance of installed landscaping so that
landscaping continues to thrive.
43. Required landscape and buffer areas shall be designed to serve as stormwater
management areas to the maximum extent practicable and consistent with their
required locations and vegetation.
B. Alternative Landscape Design. The Director may approve modifications to the standards
and designs set out in the Chapter if it provides equivalent means of achieving the intent
of this Chapter or is consistent with the surrounding landscaping and meets the
following:
1. The use of native and other drought tolerant plants and trees to retain the unique
character of Moses Lake’s landscape;
2. Conserving water resources by using sustainable design and maintenance
techniques and native and/or adapted plant species that are low water-use and
regionally appropriate;
3. Incorporation into storm water retention and infiltration,
4. Design includes heat and glare reduction;
5. Improving the appearance of development to protect and enhance public and
private investments and property values;
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6. Establishing an attractive streetscape that contributes to the character and
appearance of the City; and
7. Providing screening to minimize the visual impacts of some types of facilities,
structures, and equipment.
CB. Maintenance. Property owners and occupants of the property with control over
landscaped areas shall be responsible for:
1. Maintaining all landscaping in healthy living conditions.
2. Promptly replacing all dead vegetation with healthy, living plants, in accordance
with standard seasonal planting practices.
DC. Installation of Required Landscaping.
1. Soil preparation. Soil preparation will be suitable to provide healthy growing
conditions for the plants and to encourage water infiltration and penetration per
the landscape plans.
a. All vegetated materials shall be planted in uncompacted soil.
b. If used, weed barriers shall be permeable to optimize stormwater infiltration
and prevent runoff.
c. Soil amendments (organic material) shall also be added and tilled into the soil to
a minimum depth of six (6) inches to increase organic content and improved
water retention, unless demonstrated that existing organic material is greater
than six (6) inches in depth.
2. Mulch. After completion of new planting, all irrigated non-turf areas shall be
covered with a minimum of three (3) inch layer of mulch to retain water, inhibit
weed growth, and moderate soil temperature. Non-porous material shall not be
placed under the mulch. Permitted mulch must be a material of substantial weight
and placed in a manner that will keep it in place.
a. All rock mulch must be angular or crushed, clean or washed landscape gravel,
and be rocks size of two-inch minus, free of fines, unless authorized by the
Director.
b. The use of gravel or crusher fines is prohibited as ground cover for areas defined
as landscaped areas, except for pathways.
c. Pea gravel is not permitted.
d. Decorative rock material shall have a depth of at least two and one-half (2.5)
times the diameter of the rock material, and be placed completely on top of a
weed fabric barrier that allows the permeation of water. Rock material shall not
exceed the height of the sidewalk/trail or the top back of curb when placed
along a public right-of-way.
e. Rock mulch used in planter strips adjacent to a public street with a slope of
eight (8%) percent or greater shall be compacted.
f. Bark and lava rock mulch are prohibited on slopes of eight (8%) percent or
greater and due to weight and erosion concerns.
g. Bark mulch shall have a depth of at least two and one-half (2.5) times the
diameter of the material and shall be chunky. Chunky mulch resembles the
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mulch found naturally occurring on forest floors. It is made up of uniform grades
of chunky particles that restrict the germination of any wind-borne weed seeds.
The optimum chunky mulch has pieces no smaller than one (1) inch with zero
fines.
h. The final grade of all mulch adjacent to a sidewalk or curb shall be level or
slightly below the height of the sidewalk and curb to prevent erosion loss.
i. Rock mulch shall not be
ED. Irrigation of Landscaping. Where landscaping requires an irrigation system itAny
irrigation system shall be installed in a manner that minimizes the use of water and
eliminates any runoff of water into public right-of-way.
1. The irrigation system shall not spray or irrigate impervious surfaces, including
sidewalks, driveways, driveways, drive aisles, streets, and parking and loading areas.
2. All irrigation systems shall be installed in accordance with the City’s Cross-
Connection Control Program.
FE. Planting In or Over the Public Right of Way. All planting of vegetated material or
installation of any landscaping, buffering, or screening material in the public right of way
shall require prior approval of the City, and shall comply with line of sight requirements
(sight distance triangle). See MLUDC 15.725.010(C).
1. The property owner and occupants of the property with control over landscaped
areas shall be responsible for the maintenance, repairs, or liability for all the
landscaping placed in or over the public right of way.
2. Landscaping installed within a right of way shall be selected and located in a manner
that will not obstruct street signage.
3. Any trees that overhang a public sidewalk shall be trimmed to maintain a nine (9)
foot clearance over the sidewalk. Any trees that overhang a public street shall be
trimmed to maintain a twelve (12) foot clearance over the street surface.
4. Any trees that overhang shared use path and/or activity trail shall be trimmed to
maintain a ten (10) foot clearance over the path or trail.
5. If landscaping installed in the public right of way requires irrigation, any system
proposed shall meet the minimum technical requirements of Subsection EF.
GF. Turf Limitations.
1. The use of turf is subject to and limited by the provisions of this subsection. The turf
limitations imposed by this section are as follows:
Table 15.720.020 – Turf Limitations
Zoning District/Use Use of Turf
Commercial /
Industrial Districts Not permitted in landscaped areas.
Public Districts
Prohibited for ornamental or
decorative purposes, except for
schools, parks, and or cemeteries.
Residential Districts Limited to a maximum of 30% of
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(single-family) total yard area (front, rear, or side).
Lots with less than 5000 sq ft are
limited to a maximum of 50% of
total yard area.
Residential Districts
(multi-family)
Limited to a maximum of 30% of
landscaped area.
2. The turf limitations contained in this subsection are intended to increase the use of
water efficient vegetation.
3. The maximum amount of turf allowable pursuant to Paragraph 1 may be increased
proportionally by the percentage of water used for irrigation that comes from a
legal and lawful access to alternative water, such as a franchise permit, irrigation
water, etc. The use of water for irrigation of turf is only permissible from a non-
potable source.
HG. Landscaping Materials. Landscaping shall include drought-tolerant and water
efficient plant materials consistent with City guidelines and the turf limitations of
Subsection GF.
15.720.030 Residential Landscaping.
Table 15.720.030 – Residential Landscaping Standards
R-1 Landscaping Standards
Front Yard(1) Maximum Impervious Groundcover(2)(3) 40%
Minimum Front Yard Landscaping(4) 50%
R-2 Landscaping Standards
Front Yard(1) Maximum Impervious Groundcover(2)(3) 50%
Minimum Front Yard Landscaping(4) 50%
R-3 Landscaping Standards
Front Yard(1) Maximum Impervious Groundcover(2)(3) 40%
Minimum Front Yard Landscaping(4) 30%
Notes:
(1) “Front Yard” is defined in MLUDC 15.105.025.
(2) “Impervious Groundcover” is defined in MLUDC 15.105.009.
(3) Impervious Groundcover may exceed 50% where required to allow two
9’x20’ parking spaces per principal unit with a 5’ wide walkway.
(4) Minimum landscaping may be less than 50% where required to allow two
9’x20’ parking spaces per principal unit with a 5’ wide walkway.
15.720.040 Buffer Landscaping.
A. Buffer ZonesLandscaping Required. When adjacent to the uses listed, the subject
property shall provide the type and width of landscaping listed in the table below along
the entire property line between the subject property and the adjacent use, except for
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vehicular and pedestrian access points. If a building is located in the buffer area, the
landscaping displaced by the building shall be located elsewhere on the site.
Table 15.720.040 Buffer Landscaping
Adjacent Use
Subject Property Use
Residential
Subdivision Multifamily Manufactured
Home Park Commercial Industrial
Freeway or Highway Type I
20’ wide
Type I
20’ wide
Type I
20’ wide
Type II
10’ wide
Type II
10’ wide
Street Frontage Type IV
5’ wide
Type IV
5’ wide
Type IV
5’ wide
Type IV
10’ wide
Type IV
20’ wide
Residential (1/2 dwelling
units) or vacant R-1/R-2 Type II
5’ wide
Type II
10’ wide
Type II
10’ wide
Type I
15’ wide
Multifamily or vacant R-3 Type II
10’ wide
Type III
5’ wide
Type II
10’ wide
Type II
10’ wide
Type I
15’ wide
Manufactured Home Park Type II
10’ wide
Type III
5’ wide Type II
10’ wide
Type I
15’ wide
Commercial or vacant C-1,
C-1A, C-2
Type II
10’ wide
Type II
5’ wide
Type II
10’ wide Type II
10’ wide
Industrial or vacant L-I/H-I Type II
10’ wide
Type I
5’ wide
Type II
10’ wide
Type II
10’ wide
1. The minimum buffer landscaping width along the rear and side yards may be
reduced to an amount approved by the City, but in no case shall it be less than five
feet, if an ornamental wall or fence is constructed in conjunction with the
landscaping required.
B. Landscape Buffer Types.
1. Type I Landscaping. Type I landscaping is a “full screen” that functions as a visual
barrier. This landscaping is typically found adjacent to freeways and between
residential and non-residential areas. Type I landscaping shall consist of:
a. Primarily evergreen or densely branching deciduous trees and shrubs placed to
form a continuous all-season screen at least six feet (6') tall within three (3)
years of planting. Trees and shrubs may be offset or staggered, rather than in a
single line. Other deciduous trees and shrubs may be incorporated for seasonal
interest, provided the screening function of the landscaping is not
compromised. Trees and shrubs shall be spaced so that they will touch or
overlap at mature size.
2. Type II Landscaping. Type II landscaping is a “filtered screen” that functions as a
visual separator between similar uses. This landscaping is typically found between
commercial and industrial uses; between differing types of residential development;
and to screen industrial uses from the street. Type II landscaping shall consist of:
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a. A mix of evergreen and deciduous trees and medium and/or large shrubs. Trees
and shrubs should be offset or staggered, rather than in a single line. Tree size
refers to size at maturity, and should be chosen based on the ability of the site
to support the size of tree chosen. Large trees should be spaced forty feet (40')
to sixty feet (60') apart, medium trees should be spaced thirty feet (30') to forty-
five feet (45') apart, and small trees should be spaced twenty feet (20') to thirty
feet (30') apart. The minimum number of trees required shall be determined by
dividing the total frontage by the maximum spacing for the size of tree chosen.
Any fraction of a tree shall be rounded up to the next whole number.
b. Required shrubs must achieve a height of four feet (4') within three (3) years.
3. Type III Landscaping. Type III landscaping is a “see-through buffer” to provide visual
relief between compatible uses and to soften the appearance of streets, parking
areas, and building facades. This landscaping is typically found along street
frontages or between apartment developments. Type III landscaping shall consist of:
a. A mix of trees. Tree size refers to size at maturity, and should be chosen based
on the ability of the site to support the size of tree chosen. Large trees should
be spaced forty feet (40') to sixty feet (60') apart, medium trees should be
spaced thirty feet (30') to forty-five feet (45') apart, and small trees should be
spaced twenty feet (20') to thirty feet (30') apart. The minimum number of trees
required shall be determined by dividing the total frontage by the maximum
spacing for the size of tree chosen. Any fraction of a tree shall be rounded up to
the next whole number.
b. A mix of evergreen and deciduous shrubs.
4. Type IV Street Frontage Landscaping. Type IV landscaping is a “see-through buffer”
to provide visual relief and to soften the appearance of streets. Type IV landscaping
shall consist primarily of trees and include the following:
a. Street trees. Tree size refers to size at maturity, and should be chosen based on
the ability of the site to support the size of tree chosen. Large trees should be
spaced forty feet (40') to sixty feet (60') apart, medium trees should be spaced
thirty feet (30') to forty-five feet (45') apart, and small trees should be spaced
twenty feet (20') to thirty feet (30') apart. The minimum number of trees
required shall be determined by dividing the total frontage by the maximum
spacing for the size of tree chosen. Any fraction of a tree shall be rounded up to
the next whole number. Columnar tree varieties shall not be used as street
trees.
b. Shrubs and/or groundcover. Shrubs shall not exceed a height of four feet (4') at
maturity.
5. Exceptions.
a. No additional street frontage landscaping shall be required along East
Broadway, where the existing trees and turf grass are maintained by the City.
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b. The required landscaping will be turf grass with Armstrong Maple, October
Glory Maple, or a Sunburst Locust as the street trees for the following aesthetic
corridors:
i. SR 171, Broadway Avenue from 1-90 to Highway 17.
ii. Wheeler Road from City Limits to Highway 17.
iii. Pioneer Way from Wheeler Road to I-90.
1. A perimeter buffer zone consisting of landscape planting and screening shall be
provided adjacent to all street rights-of-way and property lines as set forth in Table
15.720.030-1 below.
Table 15.720.030-1 – Perimeter Landscape Buffer Widths
STANDARD RESIDENTIAL
(MULTI-FAMILY) COMMERCIAL INDUSTRIAL RESIDENTIAL
(SINGLE FAMILY)
Minimum Depth
Adjacent to Right-of-Way 10 feet1 15 feet 15 feet 6 feet
Minimum Depth – Interior Lots
Lines 6 feet2 8 feet2 8 feet2 0 feet
Notes:
1. The distance shall be from tree center, and may be modified for placement of utilities,
from street safety signs, hydrants and driveways .
2. When adjacent to or across the street from an existing single family residential use or
zoning district, the buffer shall be increased to fifteen (15) feet.
3. When building setbacks are less restrictive, the setbacks shall prevail.
4. Perimeter landscaping is exempt within the sight distance triangle on corner residential
lots and where required planter strips are located within the public right of way.
5. Tree boxes are containment systems that include trees as vegetation. They are similar
to small bioretention cells and are designed to filter or infiltrate stormwater runoff.
Tree boxes typically consist of an engineered soil mix, underdrain, and overflow, and
are connected to the storm sewer system or other stormwater treatment system.
6. Landscaping shall be placed street-ward of any fencing and include gates along the
fence for access and maintenance of landscaping, except as approved by the Director.
2. Residential dwelling unit lots shall have a maximum of fifty percent (50%) front
landscape.
3. Sight distance requirements (sight distance triangle) shall be met.
B. Plant Material. The following are spacing requirements for plant material.
1. The standard planting requirement is as set forth in the figure below. Trees shall be
spaced within the required buffer zones in accordance with Table 15.720.030-2, with
trees to be spaced on center.
Table 15.720.030-2 – Spacing of Trees
STANDAR
D
RESIDENTIA
L
(MULTI-
COMMERCIA
L
RESIDENTIA
L
(SINGLE
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FAMILY
)
FAMILY
)
Minimum
Trees
(24”
box
minim
um)
1 per 20
linear
feet
1 per 30
linear
feet3
1 per 20
linear
feet1
1 per 30
linear
feet2,3
1 per 30
linear
feet
Notes:
1. Where adjacent to any residential use.
2. Where adjacent to any commercial .
3. Where adjacent to any right-of-way.
4. Tree boxes are containment systems that include trees as vegetation. They are similar to small
bioretention cells and are designed to filter or infiltrate stormwater runoff. Tree boxes typically
consist of an engineered soil mix, underdrain, and overflow, and are connected to the storm sewer
system or other stormwater treatment system.
2. Shrub Requirements. Shrubs are required in all buffer areas, with a minimum of four
shrubs, sized at 5-gallon, required for every tree.
3. Mulch Requirements. Ground covers shall be installed in all landscaped areas in
accordance with mulch above.
B. Utility Boxes & Installations. Clearances shall be approved pursuant to the applicable
utility provider.
15.720.040 050 Parking Lot Landscaping. Parking lot landscaping is separate and distinct from
landscaping buffers.
A. Parking Lot EdgesBuffers.
1. Parking lot landscaping requirements may be met in whole or in part with required
landscaping buffers.
2. Landscape buffers may be crossed by drive aisles connecting to abutting land.
32. No parking is allowed within a required landscape buffer.
B. Parking Lot Interior. At least ten 10 percent (10%) of the parking stall area of lots
containing less than fifty (50) parking or fewer spaces, and at least 15 fifteen percent
(15%) of the parking stall area of lots containing fifty (50) or more parking spaces, shall
be landscaped.
C. Tree Requirements.
1. One (1) tree is required per ten (10) parking spaces.
2. A minimum of four (4) shrubs, sized at least 5 gallons, are required for every tree.
Shrub equivalents shall match the buffer requirements.
3. No parking space may be more than one hundred (100) feet in any direction from a
tree trunk.
D. Location and Dimension of Landscaped Areas.
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1. The minimum size of tree planters within off-street parking areas shall be sixty (60)
square feet per tree.
2. Planter islands shall be a minimum of ten (10’) feet in width and shall be protected
with curb or wheel stops.
E. Irrigation. Irrigation used in parking lot landscaped areas shall meet the technical
requirements of MLUDC 15.720.020(F).
F. Mulch. Mulch used in parking lot landscaped areas shall meet the requirements herein
for mulch
GE. Parking Lot Illumination. Parking lot illumination shall be considered in placement of
trees, such that the illumination will not be obstructed by the tree, nor will the growth
of tree be obstructed by the illumination structure.
15.720.060 Water Conservation. Landscape areas shall be irrigated in accordance with the Water Use
Standards outlined in MLMC 13.07.060.
15.720.070 Approval of Landscape Plan and Installation of Landscaping.
A. Landscape Plan Approval. After receipt of a complete landscape plan, all development
applications shall be reviewed by the Department for compliance with this Chapter
concurrently with and as a part of the review process of the principal use or structure
and prior to issuance of any permit or approval except subdivisions.
B. Residential Subdivisions. For residential major and short subdivisions, required
landscaping shall be installed at the time each lot is developed, and no Certificate of
Occupancy for the building shall be issued until the landscaping for that lot is installed or
bonded for, as specified in herein.
C. Installation or Security. No Certificate of Occupancy, or final inspection approval if no
Certificate of Occupancy is required, shall be issued until one of the following occur:
1. The required landscaping is installed.
2. A bond or some other form of cash surety acceptable to the City is submitted at a
value of one hundred twenty percent (120%) of the estimated cost to complete the
landscaping according to the approved landscape plan. Upon completion of the
landscape installation, the City shall promptly release the surety. If the required
landscaping improvements are not made within six (6) months of occupancy of the
building, the City may use the surety to install the landscaping.
D. Alternative Landscape Design. The Director may approve modifications to the standards
and designs set out in the Chapter if it provides equivalent means of achieving the intent
of this Chapter or is consistent with the surrounding landscaping and meets the
following:
1. The use of native and other drought tolerant plants and trees to retain the unique
character of Moses Lake’s landscape;
2. Conserving water resources by using sustainable design and maintenance
techniques and native and/or adapted plant species that are low water-use and
regionally appropriate;
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3. Incorporation of landscaping into storm water retention and infiltration;
4. Design includes heat and glare reduction;
5. Improving the appearance of development to protect and enhance public and
private investments and property values;
6. Establishing an attractive streetscape that contributes to the character and
appearance of the City; and
7. Providing screening to minimize the visual impacts of some types of facilities, structures,
and equipment.
15.720.080 Prohibited Plants.
A. The following trees are prohibited within public right-of-way, including planter strips:
poplar, willow, cottonwood, fruit trees other than ornamental, nut trees, Siberian or
Chinese elm, or any other tree species that may be declared a nuisance by the City for
reasons of disease, exotic characteristics, or impairing or destroying property necessary
to the health, welfare, and safety of the citizens of the City.
B. The following trees are prohibited within one hundred (100) feet of a public sewer:
poplar, willow, elm, cottonwood, or any other tree species with invasive roots.
C. Any plant listed by the Grant County Weed District No. 2 as a noxious weed is
prohibited.
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Chapter 15.725
FENCES, SCREENING, AND REFUSE STORAGE STANDARDS
Sections:
15.725.010 Fencing.
15.725.020 Refuse Storage.
15.725.010 Fencing. A fence permit issued by the Department is required for all fence construction
regardless of zoning designation. Fence permits are processed under the Type I review.
A. Residential Zoning Districts. The following regulations shall apply to all residential zoning
districts:
a. Front yard fence height: four feet (4’) or less for solid fences and five feet (5’) or less
for non-sight obscuring fences.
b. Side or rear yard fence height: up to six feet (6’) in height.
c. The fence shall be constructed behind the sidewalk, if installed, and shall be setback
from the sidewalk or street, if no sidewalk has been installed, at least eighteen (18)
inches.
cd. Lots with double street frontage may have a fence up to six feet (6’) in height on the
property along right of way for the side not used as a point of access, outside of the
clear view triangle, and setback to the front setback. 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. The property owner shall
provide a ground cover plan for the strip of land as part of the fence permit
application process. The strip of land shall be maintained clear of rubbish and
debris.
de. Fences may be constructed of wood, masonry, chain-link, vinyl, or similar materials
employed by standard building practice. Fences shall not be made of tires or similar
salvage materials not originally designed as structural components of fences or
buildings.
ef. 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 property owner
shall provide a ground cover plan for the strip of land as part of the fence permit
application process. The strip of land shall be maintained clear of rubbish and
debris. 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.
fg. 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.
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B. Nonresidential Zoning Districts. The following regulations shall apply to all zoning
districts and overlays, excluding residential districts:
ia. Fences shall not exceed eight feet in height without a variance.
bii. The height of the fence shall be measured from the base of the fence.
c. The fence shall be constructed behind the sidewalk, if installed, and shall be setback
from the sidewalk or street, if no sidewalk has been installed, at least eighteen (18)
inches.
iiid. Barbed wire may be used for security purposes only on the upper one-quarter of the
fence unless the use is adjacent to a residential zoning district, in which case no
barbed wire shall be allowed on the portion of the fence adjacent to the residential
zoning district. An administrative exception may be granted by the Director for
public utility distribution or transmission facilities seeking relief from barbed wire
requirements.
C. Clearview Triangle. 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
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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.
D. Electric Fences. Electric fences shall be prohibited in all zones.
E. Fence Maintenance. 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 or in need of repair, including, but not limited
to, broken or missing structural components, or the fence is substantially less than
perpendicular to grade, the Building Official 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.
F. Right-of-Way. The fence shall be constructed to avoid placement over public utilities
and municipal improvements. The City and the public utility companies may remove a
fence located within a City right-of-way for installation, repair, or replacement of
municipal improvements and public utilities without being required to reconstruct the
fence, wall, or hedge. However, the owner may have the fence reconstructed as part of
the project; provided, that the owner pays for all reconstruction costs.
15.725.020 Refuse Storage. The following regulations shall apply to all zoning districts and overlays,
excluding single-family dwellings and single duplex projects. All outdoor trash, garbage, and
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refuse storage areas shall meet standards for dimensions and access provided by the City-
contracted solid waste collection service, in addition to the following:
A. Shall be located inside a dumpster.
B. Shall not be located in any required street setback area.
C. Shall be located behind buildings when feasible.
D. Shall be placed inside a one hundred percent (100%) sight-obscuring containment area
(excluding alleys), when visible from abutting properties, consisting of slatted fencing
and/or landscaping.
E. Shall be placed inside a one hundred percent (100%) sight-obscuring containment area
(excluding alleys), when visible from a public street, finished with materials similar to
the exterior material of the primary structure.
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Chapter 15.730
NONCONFORMING USES AND STRUCTURES
Sections:
15.730.010 Applicability.
15.730.020 Benign and Detrimental Nonconformities.
15.730.030 Nonconforming Use.
15.730.040 Nonconforming Structure.
15.730.050 Nonconforming Lots.
15.730.010 Applicability. Any use, structure, lot or other site improvement, which was legally
established prior to the effective date of a land use regulation that rendered it
nonconforming, shall be considered nonconforming if:
A. The use is now prohibited or cannot meet use limitations applicable to the zone in which
it is located; or
B. The use, structure, or lot does not comply with the development standards or other
requirements of the MLUDC.
A change in the required permit review process shall not create a nonconformance.
15.730.020 Benign and Detrimental Nonconformities. The provisions of this Chapter distinguish benign
nonconformities from detrimental nonconformities based on the differing levels of impacts
that the various types of nonconformities may cause to surrounding uses that conform to
the surrounding zoning, land uses, and basic health, safety and welfare.
A. Benign Nonconformity. A nonconformity that does not have a negative impact on the
health and safety of the public but may have an impact on public welfare. Examples may
include not enough landscaping, too few parking spaces, or minimal deviation from
dimensional standards.
B. Detrimental Nonconformity. A nonconformity that has a negative impact on the health
and safety of the public. Examples include uses involving hazardous materials, such as
gasoline, in single-family neighborhoods, uses that produce significant noise, such as
body shops or paint shops, uses that have been deemed incompatible, such as adult
entertainment establishments near schools, or uses that have large trip generation
characteristics such as drive-through restaurants.
The Director shall make a written determination as to whether a nonconformity is benign or
detrimental and include the rationale for such determination. Such determination shall be
subject to Type I permit review processes for purposes of notice and appeal.
15.730.030 Nonconforming Use.
A. Expansion of Nonconforming Uses. No existing building, structure, or land devoted to a
nonconforming use shall be expanded, enlarged, extended, reconstructed, intensified,
or structurally altered unless the use thereof is changed to a use permitted in the
district in which such building, structure, or land is located except as follows: When
authorized by conditional use permit, a benign nonconforming use may be expanded,
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enlarged, extended, reconstructed, intensified, or structurally altered as long as the
intensity of the benign nonconformity is the same or smaller.
B. Change of Nonconforming Use. When authorized by the Director, a benign
nonconforming use may be changed to a similar use that does not increase the intensity
of impacts on surrounding conforming uses. For example, a change from a benign
nonresidential use in a residential zone to another benign use shall be acceptable.
C. Discontinuance of Nonconforming Use. When a detrimental nonconforming use of land
or a nonconforming use of all or part of a structure is discontinued or abandoned for a
period of twelve (12) months, such use shall not be resumed, notwithstanding any
reserved intent not to abandon such use. Normal seasonal cessation of use, or
temporary discontinuance for purposes of maintenance or improvements, shall not be
included in determination of the twelve (12) month period of discontinuance. Evidence
that such use has been actively available and marketed for sale or lease shall be
considered by the director in determining if a nonconforming use has been
discontinued. The Applicant may request an additional twelve (12) months after the
expiration of the above text from the Director.
D. Reversion to Nonconforming Use. If a nonconforming use is changed to a permitted
use, the nonconforming use shall not be resumed.
E. Residential Exception to Nonconforming Use Status. Legally established residential
uses located in any zoning district shall not be deemed nonconforming in terms of use
and density provisions and shall be a legal use.
15.730.040 Nonconforming Structure. No nonconforming structure may be expanded, enlarged, or
extended where they increase an existing nonconformity. Nonconforming buildings may be
repaired and maintained provided such work does not increase an existing nonconformity.
Reconstruction of a nonconforming building or structure when damaged by fire or other
natural disasters may be constructed within the same footprint and height of the structure
prior to the damage.
15.730.050 Nonconforming Lots.
A. Residential zones. In any residential zone, and in nonresidential zones where single-
family dwellings are permitted, a single-family dwelling and customary accessory
buildings may be erected or modified on any nonconforming lot of record, even though
such lot fails to meet lot area and width requirements of the zone in which such lot is
located; provided, that:
1. Such lot is a legal lot of record; and
2. Such lot is in separate ownership; and
3. The proposed development meets other applicable development standards such as
setbacks and building height.
B. Other Districts. In any other district, permitted building and structures may be
constructed on a nonconforming parcel or legal lot of record, provided applicable
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development standards such as setbacks, landscaping, and off-street parking
requirements are met.
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Chapter 15.735
SIGNS
Sections:
15.735.010 Purpose.
15.735.020 Development Permit Required.
15.735.030 Exemptions.
15.735.040 Prohibited Signs.
15.735.050 Sign Permit Applications.
15.735.060 General Provisions.
15.735.070 Calculation of Sign Face Area:
15.735.080 Sign Types Permitted By Zone.
15.735.090 Sign Illumination.
15.735.100 Projection Over the Right-of-Way.
15.735.110 Wall Signs.
15.735.120 Temporary Signs.
15.735.130 Carried Signs.
15.735.140 Directional Signs.
15.735.150 Digital Signs.
15.735.160 Multiple-Building Complexes and Multiple-Tenant Buildings.
15.735.170 Freeway Signs.
15.735.180 Portable Signs.
15.735.190 Nonconforming Signs.
15.735.200 Maintenance of Signs.
15.735.210 Removal of Signs.
15.735.010 Purpose. The purpose of this Chapter is to promote the public health, safety, and welfare
through a comprehensive system of reasonable, effective, consistent, content-neutral, and
nondiscriminatory sign standards and requirements. It has also been adopted to promote
the following:
A. Minimum standards in order to promote traffic safety;
B. Recognition of free speech rights by regulating signs in a content-neutral manner;
C. The free flow of traffic and to protect pedestrians and motorists from injury and
property damage caused by, or attributable to, cluttered, distracting, or illegible signs;
D. Provide consistent and compatible sign design standards; and
E. Adopt understandable regulations which enable the fair and consistent enforcement of
this Chapter.
This Chapter is not intended to restrict speech on the basis of its content, viewpoint, or
message. Any classification of signs herein which purports to permit speech by reason of the
type of sign, identity of the sign user, or otherwise, should be interpreted to allow
commercial or noncommercial speech on the sign. Nothing in this Chapter should be
construed to favor commercial speech over noncommercial speech.
15.735.020 Development Permit Required. No sign governed by the provisions of this Chapter shall be
erected, structurally altered, or relocated by any person, firm, entity, or corporation without
a permit issued by the City unless an exemption applies under this Chapter.
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15.735.030 Exemptions. The following signs are exempt from the permitting requirements of this
Chapter:
A. Flags. Any flags, subject to the following standards:
1. The maximum flagpole height shall be the maximum structure height of the
underlying zoning district
2. Flagpoles shall meet applicable setback standards for accessory structures.
B. Building Identification Numbers. Building identification numbers as required pursuant
to the Moses Lake Municipal Code or any other City or state regulation.
C. Certain Informational Signs. Memorial signs or tablets, names of buildings, stained glass
windows, and dates of erection when cut into the surface or the facade of the building
or when projecting not more than two inches.
D. Governmental Signs. Signs installed by the City, County, or a federal or State
governmental agency for the protection of the public health, safety, and general
welfare, including, but not limited to, the following:
1. Emergency and warning signs necessary for public safety or civil defense.
2. Traffic or wayfinding signs erected and maintained by an authorized public agency.
3. Signs required to be displayed by law.
4. Signs showing the location of public facilities including public and private hospitals
and emergency medical services.
5. Any sign, posting, notice, or similar sign placed by or required by a governmental
agency in carrying out its responsibility to protect the public health, safety, and
general welfare.
E. Utility Signs. Signs of public utility companies indicating danger or which serve as an aid
to public safety or which show the location of underground facilities.
F. Certain Identification Wall Signs. Flush-mounted wall signs, used to identify the name
and address of the occupant for each dwelling provided the sign does not exceed two
square feet in sign area.
G. Non-Visible Signs. Signs not visible beyond the boundaries of the lot or parcel upon
which they are located, or from any public right-of-way. Any freestanding signs may a
building permit for structural review.
H. Alterations to Sign Face or Copy. Changes to the face or copy of changeable copy signs,
digital signs, electronic messaging signs, provided such changes do not change the
material or appearance of the sign as originally permitted by the City.
I. Repair and Maintenance. The normal repair and maintenance, (painting, repainting,
cleaning) of conforming or legal nonconforming signs that does not involve structural
alteration of the sign or supporting structure.
J. Public Art and Design Features. Sculptures, fountains, mosaics, murals, public art and
design features which do not otherwise constitute a sign.
K. Certain Informational Warning Signs. “No trespassing,” “no dumping,” “no parking,”
“private” signs identifying essential public needs (i.e., restrooms, entrance, exit,
telephone, etc.) and other informational warning signs, which shall not exceed three
square feet in surface area.
L. Illuminated Wall Highlights. Illuminated wall highlights that do not contain words,
logos, or corporate images.
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M. Interior Signs. Signs or displays located entirely inside of a building and located at least
three (3) feet away from transparent doors and windows.
N. Temporary Signs. Temporary signs on private property or public property meeting the
requirements of MLUDC 15.735.120.
O. Vehicle Signs. Any sign on a vehicle, unless such vehicle is parked or stationed near an
activity for the primary purpose of attracting public attention to such activity or unless
such vehicle or mobile unit is regularly parked in any prominently visible location for the
primary purpose of attracting public attention to the sign.
P. Temporary Window Signs. Any temporary sign taped or otherwise affixed to the inside
of a window, in such a manner as to be easily removed; provided, that the total area of
the sign in any one window does not exceed that as allowed in this Chapter for window
signs and temporary signs.
15.735.040 Prohibited Signs. The following signs are prohibited:
A. Signs on any vehicle or trailer parked on public or private property and visible from a
public right-of-way for the purpose of circumventing the provisions of this Chapter. This
provision shall not prohibit signs painted on or magnetically attached to any vehicle
operating in the normal course of business.
B. Signs purporting to be, imitating, or resembling an official traffic sign or signal by its
color, design, location, or illumination which could cause confusion with any official sign,
or which obstruct the visibility of any traffic, street sign, signal, or pedestrian by glare or
method of illumination.
C. Signs attached to utility, streetlight, and traffic-control poles or facilities, signs attached
to fences owned by the City, or signs placed on trees.
D. Billboards.
E. Flashing signs.
F. Swinging projecting signs.
G. Signs in a dilapidated (i.e., having peeling paint, major cracks or holes, and/or loose or
dangling materials) or hazardous condition.
H. Abandoned signs.
I. Signs on doors, windows or fire escapes that restrict free ingress or egress.
J. Roof signs.
K. Any other sign not meeting the provisions of this Chapter.
15.735.050 Sign Permit Applications. The application for the erection, alteration, or relocation of any
sign subject to the requirements of this Chapter shall include:
A. Two (2) copies of a scaled drawing of the site plan which shows the site boundary,
sidewalk and curb, driveways, buildings, other relevant site development or site
limitations, and the location of the proposed building or freestanding sign or signs. The
location of freestanding signs should be shown as dimension lines from nearest lot or
parcel boundaries.
B. Two (2) copies of scaled plans and elevations of the sign work, including sign and sign
structure dimensions, sign height, structural detail, description, drawing, or picture of
the sign copy, footing details, method of sign attachment to sign structure, building, or
architectural appendage, illumination, specifications, and calculations for wind loads.
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C. An inventory of each and every existing sign on the site, including a description of the
sign copy, type of sign, and sign dimensions.
D. The Director may waive the submission of plans, specifications, and calculations when
the structural aspect is of minor importance.
E. A completed application with an inventory of each and every sign that will be erected,
altered, or relocated, and the type of sign.
15.735.060 General Provisions. All signs, including exempt and temporary signs, shall comply with the
following provisions:
A. Construction shall satisfy the requirements of the building code and permanent signs
must be manufactured of durable materials that withstand the effects of water and
wind, as well as meet the following requirements:
1. Paper-faced signs, including vinyl-coated paper and those applied with adhesives,
are not allowed. Canvas or vinyl signs must be durable; and
2. Sign faces made of canvas, fabric, vinyl, or similar pliable materials that are attached
to permanent sign structures must be mounted behind a perimeter frame or trim
cap so that the edges of the sign face are not exposed, except that flags made of
one hundred percent spun polyester are exempt from this requirement.
B. Except for exempt, portable, and temporary signs, all signs shall be permanently
attached to a building or the ground.
C. Signs attached to a building shall not exceed the height of the building, except as
provided in this Chapter.
D. All signs shall comply with the setback requirements set forth in this Chapter, except
when the side or rear yard is a street frontage, then the front setback shall apply.
E. In addition to the sign illumination requirements of MLUDC 15.735.090, lighting directed
on or internal to any sign shall be shaded, screened, or directed so that the light’s
intensity or brightness shall not adversely affect neighboring property or motor vehicle
safety.
F. In addition to the sign illumination requirements of MLUDC 15.735.090, any exterior
lighting must be shielded and directed away from adjoining streets or residential uses.
G. All signs together with their supports, braces, and guys shall be maintained in a safe and
secure manner.
H. The ratio of the area of the sign support, framing structure, or other decorative features
which contain no written or advertising copy to the sign cabinet shall not be greater
than 1:1.
I. No signs shall be placed in the clear view triangle of roadways, driveways, or curb cuts
as established in the MLUDC 15.725.010(C).
J. The construction of temporary signs is limited to the materials described in the
definition of “temporary sign” herein. In addition, a temporary sign must also conform
to the requirements of this Chapter, including, but not limited to, MLUDC 15.735.120.
K. No signs shall be affixed, connected, taped, zip-tied, tied, or otherwise attached to any
City property, including, but not limited to, utility poles, utility boxes, fences, or street
signs. Such signs will be removed by the City.
L. No sign may be placed within the roadway portion of the City right-of-way except as
otherwise permitted with a City right-of-way use or special event permit.
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M. No sign shall be erected or maintained if it is visible from the main traveled way of the
interstate or primary system except as permitted by Chapter 47.42 RCW, entitled
Highway Advertising Control Act – Scenic Vistas Act, and the regulations set forth in
Chapter 468-66 WAC.
15.735.070 Calculation of Sign Face Area. The area of a sign face is the smallest circle, square, or
rectangle that encloses a sign face or the largest plane of a three (3) dimensional sign. The
area of a double-face sign face is the area of a single face. The area of a multiple-face sign
face (other than a double-face sign face) is the sum of the areas of all sign faces. Only the
sign portion of a structure, material, space, or device is calculated for the purpose of sign
area face, except that the area of a cabinet sign or sign in a frame or border shall be based
on the outside dimensions of the cabinet, frame, or border. The area of multiple signs on a
structure, material, space, or device is the sum of the areas of all sign faces. The area of a
sign face with multiple messages is the smallest circle, square, or rectangle that encloses all
of the messages.
15.735.080 Sign Types Permitted By Zone.
Table 15.825.080-1 – Type of Signs, Maximum Height, and Maximum Sign Area Permitted in Non-
Residential Zones
Zone
Types of Signs
Allowed Number of Signs Max. Sign Face Area Max. Sign Height
Commercial
or Mixed
Use
Wall No limit within
maximum sign face area
The total area shall not
exceed 15% of the overall
area of each façade. Top of Wall
Permanent
Freestanding 1 per street frontage 150 square feet 25 feet
Projecting 1 per street frontage 150 square feet 25 feet
Freeway No limit within
maximum sign face area 350 square feet per site 45 feet
Off-Premises
Directional 1 per business 150 square feet 25 feet
Off-Premises 1 sign 150 square feet 25 feet
On-Premises
Directional No limit 8 square feet 6 feet
Industrial
Wall No limit within
maximum sign face area
The total area shall not
exceed 25% of the overall
area of each façade. Top of Wall
Permanent
Freestanding 1 per street frontage 150 square feet 25 feet
Projecting 1 per street frontage 150 square feet 25 feet
Freeway
No limit within
maximum sign face area
(Shall comply with Scenic
Vista)
350 square feet per site 45 feet
Off-Premises
Directional 1 per business 150 square feet 25 feet
Off-Premises 1 sign 150 square feet 25 feet
On-Premises
Directional No limit 8 square feet 6 feet
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Public/Parks
and Open
Space
Wall No limit within
maximum sign face area
The total area shall not
exceed 25% of the overall
area of each façade. Top of Wall
Permanent
Freestanding 1 per street frontage 150 square feet 25 feet
Projecting 1 per street frontage 150 square feet 25 feet
Freeway No limit within
maximum sign face area 350 square feet per site 45 feet
Off-Premises
Directional 1 per business 150 square feet 25 feet
Off-Premises 1 sign 150 square feet 25 feet
On-Premises
Directional No limit 8 square feet 6 feet
Notes:
Temporary Signs are regulated by MLUDC 15.735.120.
Carried Signs are regulated by MLUDC 15.735.130.
Digital Signs are regulated by MLUDC 15.735.150.
Portable Signs are regulated by MLUDC 15.735.180.
Table 15.825.080-2 – Type of Signs, Maximum Height, and Maximum Sign Area Permitted in
Residential Zones
Development or Use
Type
Types of Signs
Allowed
Number of
Signs
Max. Sign Face
Area Max. Sign Height
Single-Family
Subdivision
Permanent
Freestanding 1 per entrance 25 square feet 5 feet
Multifamily Complex
Permanent
Freestanding 1 per entrance 25 square feet 8 feet
On-Premises
Directional No limit 8 square feet 6 feet
Home Occupation Non-Illuminated
Wall 1 per building 2 square feet Top of Wall
Other Permitted Non-
Residential Use
Permanent
Freestanding 1 per site 25 square feet 8 feet
Non-Illuminated
Wall 1 per building 6 square feet Top of Wall
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On-Premises
Directional No limit 8 square feet 6 feet
Notes:
Temporary Signs are regulated by MLUDC 15.735.120.
Carried Signs are regulated by MLUDC 15.735.130.
Digital Signs are regulated by MLUDC 15.735.150.
Portable Signs are regulated by MLUDC 15.735.180.
15.735.090 Sign Illumination.
A. General Illumination Standards.
1. For purposes of illumination, all lights attached to a sign in any manner shall not
extend more than five feet from the sign structure.
2. Internal or external sign lighting shall be shaded, hooded, site screened, or directed
so that the light’s intensity or brightness shall neither adversely affect adjacent or
nearby property, nor create a public nuisance, nor create a traffic hazard.
3. All internally lit signs shall integrate automatic dimming capability that adjusts to
the brightness of ambient light at all times of the day and night subject to the
following brightness limits:
a. Daytime: 8,000 maximum nits.
b. Nighttime: 1,000 maximum nits. This applies between 30 minutes after sunset
and 30 minutes before sunrise.
B. Hours of Illumination. Any illuminated sign located on a lot adjacent to or across the
street from any residential zone and that may be visible within 200 feet of any
residential zone shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m.
15.735.100 Projection Over the Right-of-Way. A projecting sign is allowed over a sidewalk in right-of-
way in the Commercial and Mixed Use zones where the building is not set back from right-
of-way; provided, that the sign does not project more than eighty percent (80%) of the
distance between the right-of-way line and back of curb line, and there is a minimum of
eight feet (8’) vertical clearance under the sign.
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15.735.110 Wall Signs. All wall signs shall conform to the following provisions:
A. Wall signs may be painted upon, attached flat to, or pinned away from the wall, but
shall not project more than twelve inches from the wall.
B. The number of wall signs is not regulated; provided, that the total area of the wall
sign(s) may not exceed the area of the wall to which attached.
C. Wall signs shall not extend above the height of the wall to which the wall sign is
attached.
15.735.120 Temporary Signs. All temporary signs shall conform to the following:
A. Prohibited Locations.
1. No temporary sign shall be placed in a required parking space, driveway, or clear
view triangle. See MLUDC 15.725.010(C).
2. No temporary sign may be placed on City-owned property (not including a City right-
of-way) unless in conjunction with an approved special event permit, temporary use
permit, or other permission from the City.
3. No temporary sign shall be placed in the roadway.
B. City Right-of-Way Locations. Temporary signs on the City right-of-way placed outside
the roadway shall comply with the following requirements:
1. Allowed only between the property line and the back of the nearest curb, or where
no curb exists, between the property line and the nearest edge of the pavement.
Signs may not be placed on sidewalks, driveways, or other paved areas designed for
pedestrians or vehicular use.
2. Approval of the abutting landowner is required.
3. Signs on stakes that can be manually pushed or hammered into the ground are
allowed. All other signs are prohibited, unless specifically allowed by a right-of-way
use permit.
4. Signs are limited to four square feet total and three feet in height, from the ground
to the top of the sign.
5. Any temporary sign in the right-of-way that is dilapidated or a nuisance shall be
removed by the person responsible for placement of the sign.
6. The City may allow other signs in a City right-of-way with a right-of-way use permit.
C. Residential Zones. Temporary signs may be placed on property residentially zoned in
accordance with the requirements of this section and the following:
1. One temporary window sign per residential unit not to exceed four square feet is
allowed.
2. Freestanding signs, including post-mounted, stake and portable signs are allowed as
follows:
a. In low density residential zones temporary free-standing signs shall not exceed
four square feet in size and five feet in height, if the sign is post-mounted on the
ground, and not to exceed three feet in height if the sign is stake-mounted or
portable.
b. In medium and high density residential zones temporary free-standing signs
shall not exceed six square feet in size and five feet in height if the sign is post-
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mounted on the ground, and not to exceed three feet in height if the sign is
stake-mounted or portable.
F. Nonresidential Zones. Temporary signs are allowed in nonresidential zones in
accordance with the requirements of this section and the following:
1. Window signs are limited to fifty percent of the window area.
2. Freestanding signs, including post-mounted, stake and portable signs are limited to
four square feet and five feet in height if the temporary sign is mounted in the
ground, and not to exceed three feet in height if the temporary sign is stake-
mounted or portable.
3. Surface-mounted signs are limited to thirty square feet and must be flatly affixed to
walls or to on-site fences either facing the abutting street or facing inward to the
subject site.
15.735.130 Carried Signs. All carried signs shall conform to the following:
A. Area. A carried sign shall not exceed eight square feet in area, and shall not exceed eight
feet in height when held in place.
B. Zone. Carried signs are permitted only in nonresidential zones.
C. Design. A carried sign shall not be illuminated. Carried signs and persons carrying signs
shall be limited to the hours from dawn until dusk. A carried sign cannot include any
element of a prohibited sign, as described in MLUDC 15.735.040.
D. Locations Allowed. Carried signs must stay at least fifteen feet away from an
unsignalized street or driveway intersection, measured from the edge of the curb
abutting the roadway or edge of the pavement if no curb exists. Carried signs must
remain on the sidewalks adjacent to signalized intersections. In no event may a carried
sign, or the person carrying the sign, impede or interfere with pedestrian or vehicular
traffic.
E. Locations Not Allowed. Carried signs shall not be located in any of the following places:
1. On any public property or within public rights-of-way, other than public sidewalks.
2. In parking aisles or stalls.
3. In driving lanes.
4. On fences, walls, boulders, planters, other signs, vehicles, utility facilities or other
structures.
5. In a location or manner that results in a person with a carried sign physically
interfering with motorists, pedestrians, or bicyclists.
15.735.140 Directional Signs.
A. On-Premises Directional Signs. On-premises directional signs readable from the public
right-of-way may be permitted in accordance with Tables 15.735.080-1 and 15.735.080-
2. On-premises directional signs may contain both directions and the business name or
logo, provided the business name or logo shall not exceed fifty percent of the sign area.
All on-premises directional signs shall meet the general provisions of this section, and
shall not exceed ten square feet per sign face.
B. Off-Premises Directional Signs. Off-premises directional signs readable from the public
right-of-way may be permitted in accordance with Table 15.735.080-1, provided, that:
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1. Each use located in a zone where off-premises directional signs are allowed is
permitted one off-premises directional sign.
2. The off-premises sign contains only directional information and does not exceed
thirty-two square feet in area nor twenty-five feet in height.
3. The off-premises signs are permanently installed on private property.
4. Only one off-premises sign is permitted on a parcel.
15.735.150 Digital Signs.
A. Maximum Size. The maximum size of a digital sign is fifty percent of the total area of the
sign permitted by Table 15.735.080-1, and no greater than fifty square feet.
B. Density. There may be one digital sign per one hundred feet of street frontage.
C. Zoning. Digital signs are allowed only in nonresidential zones.
D. Motion. Digital signs may have no motions other than the change of the message.
F. Hold Duration. The minimum hold between messages is eight seconds.
G. Illumination. All digital signs must meet the illumination standards set forth in MLUDC
15.735.090.
15.735.160 Multiple-Building Complexes and Multiple-Tenant Buildings.
A. Application. The following provisions shall apply to multiple-building complexes and
multiple-tenant buildings in the Commercial and Mixed Use Zones. Tenants in such
buildings or complexes may also have their own signs in accordance with the provisions
of this Chapter.
B. Number of Freestanding Signs. Each multiple-building complex shall be allowed one
freestanding sign on each street frontage in accordance with Table 15.735.080-1. When
the street frontage is longer than four hundred feet:
1. One additional freestanding sign shall be permitted for each additional four hundred
feet of street frontage or part thereof; or
2. A single, larger freestanding sign can be erected in accordance with Table
15.735.080-1.
If option 1, as set forth in subsection (B)(1) of this section, is selected, no freestanding
sign shall be placed closer than two hundred (200) feet to any other freestanding sign or
exceed the standards in Table 15.735.080-1. These provisions shall also apply to each
multiple-tenant building, unless it is a part of a multiple-building complex. The allowable
freestanding sign(s) may be used to advertise one or more of the uses in the multiple-
building complex or multiple-tenant building.
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15.735.170 Freeway Signs.
A. Location. A freeway sign may be used to substitute an allowable freestanding sign
where there is more than one street frontage, when the use is within two hundred fifty
feet of the freeway right-of-way.
B. Number of Freeway Signs. Only one freeway sign is permitted on each parcel, multiple-
building complex or for each development, whichever is more restrictive.
C. Uses with Only One Frontage. Uses within the area described in subsection B of this
section with only one street frontage may install a freeway sign in addition to the
permitted freestanding sign.
D. Sign Height. The maximum height for freeway signs is shown in Table 15.735.080-1.
15.735.180 Portable Signs. Portable signs, including sandwich board, trailered and portable pole-
mounted signs, shall comply with the following standards:
A. Zone. Portable signs are allowed only in nonresidential zones.
B. Design and Materials. Portable signs must be designed with durable materials,
otherwise they will be regulated as temporary signs under MLUDC 15.735.120. Portable
signs must be designed to withstand wind and include a heavy weighted base for pole-
mounted signs, and a heavy weight suspended between the opposing faces of a
sandwich board sign. Portable signs cannot be illuminated.
C. Size and Height. Portable signs shall be a maximum of four feet in height and maximum
of three feet in width. When measuring the height, measurement shall be from the
ground to the top of the sign, and shall include any support structure, such as a trailer.
When measuring the width, measurement shall include the full width of the sign and
any support structures.
D. Number. Not more than two portable signs may be displayed per business, per tenant
space. The total square feet of the portable signs per business or tenant space shall not
exceed twenty-four feet in the event two signs are displayed.
E. Location. Portable signs must be located no further than ten feet from the primary
building of the business, or located not farther than ten feet from the site’s driveway
entrance. No portable sign may be located on the City right-of-way, which includes the
sidewalk, without a right-of-way use permit or other permit allowing such use issued by
the City. No portable sign may be located in a clear view triangle or obstruct pedestrian
or vehicular traffic. See MLUDC 15.725.010(C).
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F. Display Hours. Portable signs may be displayed during business or operating hours only.
15.735.190 Nonconforming Signs. Signs lawfully existing under all codes and ordinances in effect at the
time this Chapter is enacted or amended may continue to be maintained and operated as a
legal nonconforming sign so long as it remains otherwise lawful; provided, that:
A. No sign shall be changed in any manner that increases its noncompliance with the
provisions of the MLUDC.
B. If the sign is structurally altered or moved, its legal nonconforming status shall be
voided, and the sign will be required to conform to the provisions of this Chapter.
Nothing in this section shall be construed to restrict normal structural repair and
maintenance.
C. The sign is not a hazardous or abandoned sign.
D. The sign is not a portable sign, temporary sign, or an illegal sign.
15.735.200 Maintenance of Signs. It is unlawful for any owner of record, lessor, lessee, manager, or
other person having lawful possession or control over a building, structure, or parcel of land
to fail to maintain any signs on the building, structure, or parcel in compliance with this
Chapter and the MLUDC. Signs placed on public property pursuant to this Chapter shall be
maintained by the sign owner. Failure to maintain a sign constitutes a violation of this
Chapter and shall be subject to enforcement.
15.735.210 Removal of Signs. Any vacant or unused sign, support structures, poles, or other remnants
of old signs which are currently not in use, or are not proposed for immediate reuse, shall be
removed. In addition to the remedies of the MLUDC, the Director shall have the authority to
require the repair, maintenance, or removal of any signor sign structure which has become
dilapidated or represents a hazard to the safety, health, or welfare of the public, at the cost
of the sign or property owner in accordance with Chapter 1.20 MLMC.
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Chapter 15.740
OUTDOOR LIGHTING
Sections:
15.740.010 Applicability.
15.740.020 Exemptions.
15.740.030 Lighting Standards and Guidelines.
15.740.040 Submission of Plans.
15.740.050 Alternative Materials or Methods of Construction or Installation/Operation.
15.740.010 Applicability.
A. All outdoor lighting fixtures that are to be installed on private and public property in
association with any building permit application or subdivision application shall comply
with this Chapter. This Chapter does not apply to interior lighting. Types of outdoor
lighting to which this Chapter applies include, but are not limited to, lighting for:
1. Building and structures including, but not limited to, overhangs and canopies.
2. Recreational areas.
3. Parking lot lighting.
4. Landscape and architectural lighting.
B. The City’s Building Official shall administer and enforce this Chapter.
15.740.020 Exemptions. The following are exempt from the provisions of this Chapter:
A. Traffic control signals and devices.
B. Public street lights; provided, however, public street lights must conform to the
most current version of the City’s Public Works Standards.
C. Temporary emergency lighting (i.e. fire, police, medical personnel, repair workers)
or warning lights.
D. Moving vehicle lights.
E. Navigation lights (e.g. on radio/television towers, microwave towers) or any other
lights where state or federal statute or other provision of the MLUDC requires
lighting that cannot comply with this Chapter. In such situations, lighting shall be
shielded to the maximum extent possible, and lumens shall be minimized to the
maximum extent possible, while still complying with state or federal statute.
F. Seasonal decorations.
G. Outdoor lighting approved by the building official for temporary or periodic events
(e.g. fairs, nighttime construction).
H. Outdoor lighting fixtures installed prior to the effective date of the ordinance
codified in this Chapter.
I. Fossil fuel lights.
15.740.030 Lighting standards and guidelines. The following general standards shall apply to all
nonexempt outdoor lighting fixtures and accent lighting unless specifically noted:
A. Shielding. Outdoor lighting fixtures and accent lighting with 2,000 lumens or more must
be shielded and aimed downward. The shield must mask the direct horizontal surface of
the light source. The light must be aimed to ensure that the illumination is only pointing
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downward onto the ground surface, with no escaping direct light permitted to
contribute to light pollution by shining upward into the sky.
B. Limitation on Light Trespass. All outdoor lighting fixtures and accent lighting shall be
designed, installed, located and maintained in such a manner that limits light trespass.
C. Accent Lighting. Accent lighting shall be directed downward onto the illuminated object
or area and not toward the sky or onto adjacent properties. Direct light emissions of
such accent lighting shall not be visible above the roof line or beyond the building,
structure, or object edge.
D. Special Object Lighting. Bridge, flag, fountain, statue, monument, similar public artwork,
feature lighting and private street lighting are permitted provided such lighting does not
cause the spilling of direct light to other properties or traveled public ways.
E. Sports Field Lighting. Lighting shall be fully shielded with an allowance of five percent
uplighting. Sports field lighting shall be exempt from the light trespass provisions of this
Chapter; provided, however, such light shall be extinguished when not in use and
fixtures shall be aimed to control light trespass to the extent possible for the mounting
height and required shielding.
F. Lighting within the Industrial Districts. Fixtures shall be aimed to control light trespass
to the extent possible for the mounting height and required shielding. Mounted lighting
height shall not exceed 50 feet.
G. New Nonresidential and Multifamily Lighting Standards. An exterior lighting plan
providing appropriate lighting levels in all areas used by pedestrians or automobiles,
including building entries, walkways, parking areas, circulation areas, and other open
space areas shall be submitted and meet the following standards and guidelines:
1. All public areas shall be lighted with average minimum and maximum levels as
follows:
a. Minimum (for low or non-pedestrian and vehicular traffic areas) of one-half
(0.5) foot-candles;
b. Moderate (for moderate or high volume pedestrian areas) of one to two (2)
foot-candles; and
c. Maximum (for high volume pedestrian areas and building entries) of four (4)
foot-candles;
2. Lighting shall be provided at consistent levels, with gradual transitions between
maximum and minimum levels of lighting and between lit areas and unlit areas.
Highly contrasting pools of light and dark areas shall be avoided;
3. Parking lot lighting fixtures shall be non-glare and mounted no more than twenty-
five (25) feet above the ground, with lower fixtures preferable so as to maintain a
human scale;
4. Pedestrian-scaled lighting (light fixtures no taller than fifteen (15) feet) is required in
areas with high anticipated pedestrian activity ; and
5. Vegetation and landscaping shall be maintained in a manner that does not obstruct
security lighting.
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15.740.040 Submission of Plans.
A. Submission Contents. The Applicant for any building permit or subdivision approval
involving outdoor lighting fixtures shall submit with the application evidence that the
proposed work will comply with this Chapter. The submission shall contain but shall not
necessarily be limited to the following:
1. Plans indicating the location on the premises of all proposed newly installed or
relocated outdoor lighting fixtures;
2. Description of all proposed newly installed or relocated outdoor lighting fixtures.
The description may include, but is not limited to, catalog cuts and illustrations by
manufacturers (including sections where required), lamp types, wattages, and initial
lumen outputs; and
3. Photometric data, such as that furnished by manufacturers, or similar showing the
angle of cut-off of proposed newly installed or relocated outdoor light emissions.
B. Additional Submission. The above required plans, descriptions, and data shall be
sufficiently complete to enable the Building Official to readily determine whether
compliance with the requirements of this Chapter will be secured. If such plans,
descriptions, and data cannot enable this ready determination, the Applicant shall
additionally submit such certified reports of tests as will do so; provided, that these
tests shall have been performed and certified by a recognized testing laboratory.
C. Subdivisions. If any subdivision proposes to have installed street or other common or
public area outdoor lighting, submission of the information as described in subsection
(A) of this section shall be required for all such lighting, and the lighting shall comply
with the most current version of the City’s Public Works Standards.
D. Lamp or Fixture Substitution. A change request must be submitted to the Building
Official for approval prior to substitution of any approved outdoor light fixture or type of
light source.
15.740.050 Alternative Materials or Methods of Construction or Installation/Operation. The provisions
of this Chapter are not intended to prevent the use of any design, material, or method of
installation or operation not specifically prescribed by this Chapter, provided any such
alternate has been approved by the Building Official to meet the purpose and intent of this
Chapter.
Council-Planning UDC Workshop 8-8-24