Final 2024 0822 Special MeetingMoses 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 22, 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
Attached: Memo dated August 8, Mini Storage - MLMC 15.640 ((reserved))
Memo dated August 13, Non-Conforming Use - MLMC 15.730
Memo dated August 20, Critical Area Buffers - MLMC 15.515
MLMC 15.720.070 Approval of Landscape Plan
Adjournment
Next UDC Workshop is scheduled for Monday, August 26, 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.
Moses Lake City Council and Planning Commission
Mini Storage Standards
Most jurisdictions do not have separate development standards for mini-storages and they are only
subject to the general development standards for the zone they are allowed in (generally limited
commercial and industrial).
Development Standards can be categorized as follows:
•Restrictions on use (No sales, repairs, or other commercial uses)
•Restrictions on location (generally to protect prime commercial corridors)
•Architectural Features (aesthetic regulations to ensure consistency with the character of the
surrounding zone)
•Landscaping and Screening
•Paving requirements
Example codes are provided so the council and commission can inform staff as to what standards to
include and what those standards should be in the proposed code.
Current Moses Lake Municipal Code: Mini storage allowed in Moses Lake Industrial Park (MLIP),
Light Industrial (L-I), and Heavy Industrial (H-I) Zones – no specific standards apply
Grant County Code:
GCC 23.08.330 Mini Storage Facilities
(a) The following standards apply to all residential (mini) storage facilities:
(1) The site shall be contiguous to a designated urban arterial or rural collector road, although
access may or may not be directly onto such arterial or collector, as determined through the
review process;
(2)A strip of land twenty (20) feet in width, landscaped with any harmonious combination of lawn,
flowers, trees, shrubs and ground cover, shall be provided along all street frontages. Xeriscapes
and natural features may be included in the design and plan. All other property lines and
outdoor storage areas shall be visually screened in accordance with GCC § 23.12.180;
(3)Signing shall be limited to on-premises signage and shall meet the standards of GCC §
23.12.150;
(4)Building height shall not exceed eighteen (18) feet;
(5)Exterior lighting shall meet the standards of GCC § 23.12.190;
(6)The Decision Maker may require exterior modifications of structures, including use of
architectural features or details, materials for siding and roofing, reduction of building mass and
number of units when necessary to assure compatibility with adjoining residential zoning
districts; and
(7)Use of the facility shall be limited to the storage of excess personal property. No garage sales,
servicing or repair of vehicles or appliances, commercial business or other similar activities shall
be conducted on the premises (except Moving Equipment Rental Facilities approved as an
accessory to a residential mini storage facility).
(b)The following standards apply to residential (mini) storage facilities in Urban zones:
(1)All access, travel surfaces, loading areas, and building aprons shall be surfaced with asphalt,
concrete, or other similar hard surface pavement as approved by the Administrative Official.
Aug 8 2024 Mini Storage Memo, Page 1
(c)The following standards apply to residential (mini) storage facilities in rural zones and rural activity
center zones:
(1)All access, travel surfaces, and loading areas may be surfaced with gravel. Buildings shall be
surrounded by a paved apron a minimum of three (3) feet wide. Concrete, asphalt, or other hard
surface paving approved by the Administrative Office will be acceptable.
(2)Visual screening shall only apply when a residence is present within 100 feet of any property
line, excluding road frontages, and excluding any residences owned or controlled by the mini
storage operator and/or property owner.
Cheney (2021):
Business Park Zone Development Standards 21.36.050(C)11 – Self-Storage Facility Design Standards
a.Architectural Features. Architectural features are to be consistent with the character of the
surrounding neighborhood. The following are minimum standards.
1.Exterior vertical surfaces require 50 percent of the area to be materials such as decorative brick
veneer, stone, stucco, textured block, tin and other materials which reflect commercial design
elements.
2.Fencing is required to be low-maintenance material and articulation at intervals no greater than
20 feet.
3.A building or series of buildings parallel with and adjacent to residentially zoned or developed
property or street frontage must have staggered setbacks for every 70 feet of lineal
development. The setback alternates between the minimum and the minimum plus ten feet for
every 70 feet of lineal development. There must be at least ten feet of separation between
buildings.
b.Landscaping and screening. The following landscaping and screening requirements apply to all
mini-storage facilities:
1.All setback areas shall be landscaped with a variety of trees, shrubs and ground cover plants
consistent with Type II landscaping as defined under chapter CMC 21.42, landscaping and
screening.
2.A landscape plan prepared by a landscape architect licensed by the state of Washington and
approved by the planning services department shall be required prior to the issuance of any
building permits for a mini-storage facility.
3.A performance bond or other device acceptable to the city, in the amount of 25 percent of the
estimated value of the required landscaping, to remain in effect for two years to assure full
establishment of the plantings must be tendered before a certificate of occupancy is issued.
4.All use of the site shall comply with the city noise standards stated in CMC 9A.10, nuisances.
5.In the I-L zones, outdoor storage of vehicles shall be allowed only if it can be demonstrated that
the storage items will be screened from view of the adjoining right-of-way or adjacent
residences.
Spokane:
Section 17C.350.030 Development Standards
Mini-storage facilities are permitted in the zones listed in Table 17C.350.040-1 subject to the following
conditions:
A.The maximum lot size is seven acres. Facilities on larger lots may be allowed as a conditional use
processed through a Type III procedure.
B.The required setbacks are: […]
C.Parking and internal drives are prohibited in setback areas.
Aug 8 2024 Mini Storage Memo, Page 2
D.The accesses are required to be gated and monitored at all times.
Section 17C.350.040 Design Considerations
The following exterior design requirements apply to a mini-storage facility when located adjacent to or
across a right-of-way from a residentially zoned or developed property. The site development plan is
subject to approval by the City design review board for a determination as to the consistency of the
plans with the design guidelines adopted by the city council pursuant to Resolution No. 2000-84.
[Table – Coverage, Height and Length]
A.Architectural Features. Architectural features are to be consistent with the character of the
surrounding neighborhood. The following are minimum standards.
1.Minimum roof pitch is 4:12, except in the downtown zones.
2.Colors are to be muted earth tones including but not limited to gray, off-white and beige.
3.Exterior vertical surfaces require fifty percent of the area to be materials such as decorative
brick veneer, stone, stucco, textured block, and other materials which reflect residential design
elements.
4.Unique architectural features such as towers, turrets and pergolas are subject to the standards
of this subsection and are subject to review by the design review board for a determination of
consistency with the neighborhood character.
5.Access points, except for emergency access, may not be from a local access street.
6.Fencing is required to be low-maintenance material and articulation at intervals no greater than
twenty feet. Chain-link fencing is not permitted.
7.Display and floodlighting is required to be constructed, shielded and used so as not to directly
illuminate, or create glare visible from, adjacent property or public right-of-way.
8.A building or series of buildings parallel with and adjacent to residentially zoned or developed
property or street frontage must have staggered setbacks for every seventy feet of lineal
development, except in the downtown zones. The setback alternates between the minimum and
the minimum plus ten feet for every seventy feet of lineal development. There must be at least
ten feet of separation between buildings.
B.Signs. Signs are subject to chapter 17C.240 SMC except as provided in this subsection.
1.Roof signs and flashing or animated signs are prohibited.
2.Signs may be illuminated to low intensity only.
3.One wall sign, not to exceed one hundred square feet, is permitted on each street frontage
except a sign visible from a local access street is not permitted.
4.One freestanding sign, not to exceed twenty feet in height nor forty square feet in area, is
permitted at the main entrance.
5.A site abutting Interstate 90 may have one freeway sign on-site advertising the facility if no
higher than seventy feet, no larger than sixty square feet, and located so as to minimize impacts
on residential areas.
C.Landscaping and Screening. The following landscaping and screening requirements apply to all
mini-storage facilities:
1.All setback areas shall be landscaped with a variety of trees, shrubs and ground cover plants
consistent with L2 landscaping as defined under chapter 17C.200 SMC, Landscaping and
Screening.
2.A solid wall, a screening fence or a combination of both achieving a perimeter screening to a
minimum of six feet in height is required and shall be located so that a minimum of seventy-five
percent of the landscaping area is outside the fence.
Aug 8 2024 Mini Storage Memo, Page 3
3.A landscape plan prepared by a landscape architect licensed by the state of Washington and
approved by the planning and economic development services department shall be required
prior to the issuance of any building permits for a mini-storage facility.
4.A performance bond or other device acceptable to the City, in the amount of twenty-five percent
of the estimated value of the required landscaping, to remain in effect for two years to assure
full establishment of the plantings must be tendered before a certificate of occupancy is issued.
5.All use of the site shall comply with the City noise standards stated in Title 10 SMC, Regulation
of Activities. In addition, the department of ecology has standards, which apply to environments
within which maximum permissible noise levels are established.
6.In the CB and GC zones, outdoor storage of vehicles shall be allowed only if it can be
demonstrated that the storage items will be screened from view of the adjoining right-of-way or
adjacent residences.
Vancouver:
20.895.100Self-Service Storage.
A. Defined. The development standards of this section apply to any facility that falls within the use
classification for self-service storage, pursuant to VMC 20.160.020(C)(8).
B. General Requirements.
1.Self-service storage shall be prohibited on properties located in whole or part within 500 feet of
major corridors, which is measured from the centerline of the street, as illustrated in Figure
20.895-1 contained herein. Map on file with department and available for search on individual
site-specific parcels.
2.Self-service storage is permitted only within multi-story structures.
3.Self-storage units shall gain access from the interior of the building(s) or site. No unit doors may
face the street.
4.Self-storage units shall not be used for:
a.Heavy manufacturing, fabrication, or processing of goods, service or repair of vehicles,
engines, appliances or other electrical equipment, or any other heavy industrial activity.
b.Conducting garage or estate sales. This does not preclude auctions or sales for the
disposition of abandoned or unclaimed property.
c.Storage of flammable, perishable or hazardous materials or the keeping of animals.
5.Each floor above the ground floor of a self-storage facility building that is facing a street shall at
a minimum be comprised of 15 percent glass.
6.At least 75 percent of the width of any new or reconstructed first-story building wall facing a
principal, minor, or collector arterial street shall be devoted to interest-creating features, such as
pedestrian entrances, reliefs, murals, landscaping, transparent show or display windows, or
windows affording views into retail, office, or lobby space.
7.Outdoor storage is prohibited. All goods and property stored at a self-storage facility shall be
stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, or similar, or storage
in outdoor storage pods or shipping containers is permitted.
8.Recognition of Existing Facilities. Existing self-service storage businesses are permitted to
expand or construct new buildings within parcels being used for self-storage as of the date of
adoption of the ordinance codified in this section. The expansion or new construction shall be
consistent with and meet all applicable standards of the zoning district as well as this section.
Aug 8 2024 Mini Storage Memo, Page 4
Moses Lake City Council and Planning Commission
NON-CONFORMING USES, STRUCTURES, LOTS
Questions/Comments Received for Review:
1.Under non-conforming uses, reconstruction is not allowed (15.730.030(A)); however, under non-
conforming structures, reconstruction is allowed (15.730.040).
2.What development standards apply to a non-conforming lot? Does this change if neighboring lots do
not have current improvements (e.g., sidewalks, curbs, etc.)
Staff Information:
1.Whether reconstruction of a structure is allowed is a policy choice for the City. Note that non-
conforming uses, which are uses not currently allowed under the code, are more likely to fall within
the “detrimental nonconformity” category than non-conforming structures, which are structures
whose use meets the current code, but the development dimensions of the structure do not. As an
example, a non-conforming use would include a mechanic’s shop in a neighborhood that has been
subsequently rezoned residential. If that shop were to burn down under the proposed code, the
owner would not be able to reconstruct the shop but could develop the lot as a residential use.
Contrast that to the case of a non-conforming structure like a restaurant in a commercial zone that
does not meet the current parking requirements, landscaping requirements, and is over current set
backs. If that restaurant were to burn down under the proposed code, the owner would be able to
reconstruct the restaurant to its former footprint without meeting the current parking, landscaping,
and set back requirements.
2.Under 15.730.050, a lot that does not meet the lot area and width requirements of the zone is allowed
to construct a structure in accordance with all other development standards including setbacks,
building height, and other dimensional standards other than lot area and width. Under Title 16, two
different code provisions may also apply to non-conforming lots, MLMC 16.02.040, Unplatted Areas,
and MLMC 16.02.110 Platting Deemed Insufficient – When. Title 16, Buildings and Construction, is not
being incorporated into the proposed Unified Development Code, but should be reviewed after
adoption of the UDC is completed. Those two sections are included with this memo.
Chapter 15.750 Nonconforming Uses and Structures Page 2 of 4
Chapter 15.105
DEFINITIONS
“Nonconforming Use” means the use of any land or building which does not conform to the use
regulations of the MLUDC for the zone in which it is located.
“Structure, Nonconforming” means a structure conforming with respect to use, but does not conform
with respect to height, setback, coverage, or other requirements of the MLMC.
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.
Chapter 15.750 Nonconforming Uses and Structures Page 3 of 4
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, 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
Chapter 15.750 Nonconforming Uses and Structures Page 4 of 4
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 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
development standards such as setbacks, landscaping, and off-street parking
requirements are met.
16.02.040 Unplatted Areas:
No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in
violation of Chapter 58.17 RCW or the platting ordinances and regulations of the city. No building permit or other
development permit shall be issued for any unplatted property not otherwise permitted to be issued a building
permit unless the City Council finds that the public interest will not be adversely affected by the issuance of such a
permit. The standards to determine if the public interest will be adversely affected includes but is not limited to
consideration of the installation or existence of adequate sewer and water, conformance to lot size requirements,
existence of street, sidewalk and curb improvements, access to the site, all as respects the proposed building site
and the surrounding area. The City Council may condition the issuance of a building permit on unplatted land on
the installation or completion of such utility, street and sidewalk improvements or other conditions as the City
Council upon recommendation of staff shall deem appropriate. The City Council shall make the grant of the
privilege to build on unplatted land specific as to the proposed building activity and personal to the applicant. The
grant of such privilege shall expire if a building permit is not obtained within six (6) months of the adoption of the
resolution provided for herein unless the applicant requests and obtains an additional thirty (30) day extension
from the Community Development Director. Any request for the thirty (30) day additional extension must be
submitted in writing to the Community Development Director prior to the expiration of the six (6) month limitation
period. The Community Development Director has the discretion to grant the additional extension only when no
significant development code changes have occurred or will occur during the extension period, there is
demonstrable proof of substantial progress made by the applicant, and the request serves the public health,
safety and welfare. No more than one (1) thirty (30) day additional extension may be granted to any applicant. The
City Council shall only direct the issuance of such a permit by a resolution of the City Council. The following
construction is exempt from City Council resolution:
A. Remodeling of an existing, conforming building.
B. Construction of a temporary structure.
C. Fences.
D. Signs. (Ord. 3025, 5/23/23; Ord. 2814, 5/24/16; Ord. 2686, 8/13/13; Ord. 2475, 6/23/09; Ord. 2172, 7/27/04;
Ord. 2073, 7/23/02)
Ch. 16.02 Building Permits | Moses Lake Municipal Code Page 1 of 2
The Moses Lake Municipal Code is current through Ordinance 3046, passed April 9, 2024.
The Moses Lake Municipal Code is current through Ordinance 3046, passed April 9, 2024.
Disclaimer: The city clerk has the official version of the Moses Lake Municipal Code. Users should contact the city
clerk for ordinances passed subsequent to the ordinance cited above.
City Website: www.cityofml.com
Staff Directory
Hosted by General Code.
Ch. 16.02 Building Permits | Moses Lake Municipal Code Page 2 of 2
The Moses Lake Municipal Code is current through Ordinance 3046, passed April 9, 2024.
The Moses Lake Municipal Code is current through Ordinance 3046, passed April 9, 2024.
Disclaimer: The city clerk has the official version of the Moses Lake Municipal Code. Users should contact the city
clerk for ordinances passed subsequent to the ordinance cited above.
City Website: www.cityofml.com
Staff Directory
Hosted by General Code.
16.02.110 Platting Deemed Insufficient – When:
A. Property located within the city which is presently platted and which property was platted without the
extension or provision of City water, City sewer, storm sewer, curb, sidewalk, streets or other improvements
through some or all of the lots of the plat shall be deemed to be unplatted for purposes of the issuance of any
development permit or building permit. Any lot so affected shall be permitted to develop and a building permit
will be issued upon the installation of City water, City sewer, storm drains, curbs, sidewalks, streets, and other
improvements to community standards, including fire protection devices, or upon the posting of security in an
amount approved by the City, which is equal to the estimated cost of the extensions and/or improvements
remaining to be installed through the lot, in a form acceptable to the City Attorney to insure the construction of
the required improvements and extensions at the same time as construction of the building for which the building
permit was issued or at the time of the improvement of the affected lot.
B. Any property owner can make application to the City Council for a waiver, deferral, or deviation from or of the
requirement to install improvements. A waiver, deferral, or deviation from or of the requirement to install
improvements shall not be granted unless the City Council finds that because of the nature of the property, its
topography, the conditions or nature of the adjoining areas or the existence of unusual physical conditions, the
requirement to install improvements would cause an unusual and unnecessary hardship on the property owner.
In granting a waiver, deferral or deviation from or of the requirements to install improvements, the City Council
may require such conditions as will secure the objectives of the requirement waived, deferred, or deviated. Any
waiver, deferral, or deviation authorized shall be entered in the minutes of the Moses Lake City Council together
with the circumstances that justify the waiver, deferral, or deviation granted. (Ord. 3025, 5/23/23; Ord. 2564, 6/22/
10; Ord. 2391, 5/13/08)
Ch. 16.02 Building Permits | Moses Lake Municipal Code Page 1 of 1
The Moses Lake Municipal Code is current through Ordinance 3046, passed April 9, 2024.
CRITICAL AREAS ORDINANCE – WETLAND BUFFER WIDTHS
Under the GMA, wetlands must be delineated in accordance with the manual adopted by the Department of
Ecology. The current draft rolled over the existing buffer widths set forth in MLMC 19.06.160 that were
established in 2003. In 2015, the Department of Ecology’s Washington State Wetland Rating System for
Eastern Washington became effective. Ecology submitted comments noting that the pre-2015 wetland buffer
widths are not established in accordance with the best available science and in accordance with Ecology’s
guidance. The 2023 Moses Lake Shoreline Master Program established wetland buffer widths which should be
adopted in the critical areas ordinance.
Department of Ecology – Washington State Wetland Rating System for Eastern Washington (2015)
Category I Wetlands –1) represent a unique or rare wetland type; or sensitive to disturbance than most
wetlands; or 2) are more 3) are relatively undisturbed and contain ecological attributes that are impossible to
replace within a human lifetime; or 4) provide a high level of functions. Eastern Washington Category I
Wetlands include Alkali Wetlands (presence of shallow saline water with a high pH); Wetlands of High
Conservation Value (formerly Natural Heritage Wetlands; identified by scientists from the Washington Natural
Heritage Program (WNHP) as important ecosystems for maintaining plant diversity in our state); Bogs
(wetlands with peat soils and a low pH); Calcareous fens (alkaline, rather than acidic, peat wetland); and
Wetlands That Perform Functions at High Levels (wetlands scoring 22 points or more).
Category II Wetlands – wetlands that are difficult, though not impossible, to replace, and provide high levels of
some functions. Eastern Washington Category II Wetlands include vernal pools (formed when small
depressions in the scabrock or in shallow soils fill with snowmelt or spring rains. They retain water until the
late spring when they dry out as a result of reduced precipitation and increased evapotranspiration) and
Wetlands That Perform Functions Well (wetlands scoring between 19-21 points).
Category III Wetlands – wetlands with a moderate level of functions (scores between 16-18 points) and can
often be adequately replaced with a well-planned mitigation project.
Category IV Wetlands – wetlands have the lowest levels of functions (scores less than 16 points) and are often
heavily disturbed.
Points are assigned for functions (improving water quality, hydrologic, habitat) or special characteristics.
Current MLMC Wetland Buffer Widths
Wetland Category MLMC 19.06.160 (2003)
Category I 100’
Category II 100’
Category III 25’
Category IV 10’
Category V 5’
2023 ML Shoreline Master Program Wetland Buffer Widths
Wetland Category Standard
Buffer Width
Additional buffer
width if wetland
scores 5 habitat
points
Additional buffer
width if wetland
scores 6-7 habitat
points
Additional buffer
width if wetland
scores 8-9 habitat
points
Category I or II: Based
on total score 75’ Add 15’ Add 45’ Add 75’
Category I or II:
Forested 75’ Add 15’ Add 45’ Add 75’
Category I: Natural
Heritage Wetlands 190’ NA NA NA
Category I or II: Alkali
or Vernal Pool 150’ NA NA NA
Category III: SR, SR-R,
& H 25’ Add 10’ Add 50’ Add 75’
Category III: SR-S, H-
R, W, & N 60’ Add 15’ Add 45’ Add 75’
Category IV: (all) 25’ Add 15’ NA NA
Ecology Buffer Approaches for Eastern Washington
Option 1 - requires habitat corridor & impact minimization measures
Wetland Category
Habitat Score 3-5
points (corridor
not required)
Habitat
Score 6-7
points
Habitat
Score 8-9
points
Buffer width
based on
special
characteristics
Category I or II: Based on rating of
wetland functions (and not listed below) 75’ 110’ 150’ NA
Category I or II: Forested 75’ 110’ 150’ NA
Category I: Bogs, calcareous fens, and
Wetlands of High Conservation Value NA NA NA 190’
Category I: Alkali NA NA NA 150’
Category II: Vernal pool NA NA NA 150’
Category III 60’ 110’ 150’ NA
Category IV 40’ 40’ 40’ NA
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 permanent
Certificate of Occupancy for the building shall be issued until the landscaping for that lot
is installed or bonded for, as specified in herein. Where compliance with this
requirement is not possible because of bona fide seasonal planting limitations, the
Applicant may request a one (1) time extension for a temporary Certificate of
Occupancy not to exceed six (6) months. However, no permanent Certificate of
Occupancy shall be issued until all required landscaping is completed.
C. Installation or Security. No permanent 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.
Where compliance with this requirement is not possible because of bona fide seasonal
planting limitations, the Applicant may request a one (1) time extension for a
temporary Certificate of Occupancy not to exceed six (6) months. However, no
permanent Certificate of Occupancy shall be issued until all required landscaping is
completed.