3051 Unified Development CodeORDINANCE NO. 3051
AN ORDINANCE OF THE CITY OF MOSES LAKE,
WASHINGTON, CREATING A NEW TITLE 15 TITLED
“UNIFIED DEVELOPMENT CODE” OF THE MOSES LAKE
MUNICIPAL CODE
WHEREAS, RCW 36.70A.040 and 36.70A.120, portions of the Growth Management Act, require
the City to adopt development regulations, including zoning regulations, to implement the City's
Comprehensive Plan; and
WHEREAS, RCW 36.70A.130 required the City of Moses Lake to conduct a periodic update to
its development regulations no later than June 30, 2018, to ensure consistency with the Growth
Management Act and the City's updated comprehensive plan; and
WHEREAS, On April 11, 2024, the proposed Unified Development Code was submitted to the
Washington State Department of Commerce for review, as required by RCW 36.70A.106; and
WHEREAS, On May 15, 2024, the City issued a SEPA threshold Determination of Non-
Significance for the proposed Unified Development Code; and
WHEREAS, On May 30, 2024, the comment and appeal period for the Determination of Non-
Significance expired. Comments received have been reviewed and incorporated into the proposed
Unified Development Code as appropriate. No appeals were filed; and
WHEREAS, On September 9, 2024, the Planning Commission held a duly noticed public hearing
on the proposed Unified Development Code and adopted a resolution recommending the City
Council adopt the same; and
WHEREAS, Notice of a public hearing before the City Council on the proposed Unified
Development Code was duly posted on the City’s website and published in the Columbia Basin
Herald on September 13, 2024; and
WHEREAS, the City Council finds and concludes that the proposed changes are consistent with
the policies and provisions of the Comprehensive Plan that encourage orderly development within
the community and the Growth Management Act pursuant to the requirements of Chapter 36.70A
RCW.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Creation. Moses Lake Municipal Code Title 15 titled “Unified Development Code” is
hereby created to read as shown in Exhibit A, attached hereto and incorporated herein by reference.
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Section 2. Repeal. Moses Lake Municipal Code Title 14 titled “Environmental Regulations” is hereby
repealed in its entirety.
Section 3. Repeal. Moses Lake Municipal Code Title 17 titled “Subdivisions” is hereby repealed in its
entirety.
Section 4. Repeal. Moses Lake Municipal Code Title 18 titled “Zoning” is hereby repealed in its
entirety.
Section 5. Repeal. Moses Lake Municipal Code Title 19 titled “Growth Management” is hereby
repealed in its entirety.
Section 6. Repeal. Moses Lake Municipal Code Title 20 titled “Development Review Process” is hereby
repealed in its entirety.
Section 7. Repeal. Moses Lake Municipal Code Title 21 titled “Development Impacts” is hereby
repealed in its entirety.
Section 8. Repeal. Moses Lake Municipal Code Chapter 12.28 titled “Fences, Walls, and Hedges” is
hereby repealed in its entirety.
Section 9. Amendment. Moses Lake Municipal Code Section 1.20.040 titled “Applicability” is hereby
amended as follows:
1.20.040 Applicability. This chapter may be applied for the purposes of enforcing the following
regulations:
A. MLMC Title 3, Revenue and Finance;
B. MLMC Title 5, Business Licenses and Regulations;
C. MLMC Title 6, Animals;
D. MLMC Title 8, Health and Safety;
E. MLMC Title 9, Public Peace, Morals and Welfare
F. MLMC Title 10, Streets, Sidewalks and Public Places;
G. MLMC Title 13, Water, Sewers and Public Utilities;
H. ((MLMC Title 15, Unified Development Code;))
MLMC Title 14, Environmental Regulations;
I. MLMC Title 16, Buildings and Construction;
J. MLMC Title 17, Subdivisions;
K. MLMC Title 18, Zoning; and
((J))L. Such other code provisions, ordinances, resolutions, or public rules that promote or
protect the public health, safety, or welfare, or the use and development of land and
water.
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Section 10. Amendment. Moses Lake Municipal Code Section 1.20.130 titled “Administrative Notice
and Order – Appeal – Hearing Examiner Hearing” is hereby amended as follows:
1.20.130 Administrative Notice and Order – Appeal – Hearing Examiner Hearing.
A. Date of Hearing. Within ten (10) days of the Clerk’s receipt of the appeal, the Hearing
Examiner shall set a public hearing for a date within forty-five (45) days of the Clerk’s
receipt of the appeal, unless a longer period is agreed to between the parties.
B. Notice of Hearing. The Clerk shall cause a notice of the appeal hearing to be posted on
the property that is the subject of the notice and order, and mailed to the appellant and
the complainant, if not anonymous, at least ten (10) calendar days before the hearing.
The notice shall contain the following:
1. The file number and a brief description of the matter being appealed;
2. A statement of the scope of the appeal, including a summary of the errors alleged
and the findings and/or legal conclusions disputed in the appeal;
3. The date, time and place of the public hearing on the appeal;
4. A statement of who may participate in the appeal; and
5. A statement of how to participate in the appeal.
C. Conduct of Hearing. The Hearing Examiner shall conduct the hearing on the appeal
pursuant to Chapter 18.80((2.88)) MLMC and the rules of procedure of the Hearing
Examiner.
Section 11. Amendment. Moses Lake Municipal Code Section 3.16.025 titled “Penalties and Interest”
is hereby amended as follows:
3.16.025 Penalties and Interest
A. If full payment of any tax is not received by the Finance Department on or before the
due date, there shall be added to the amount due a penalty as follows:
1. Five percent (5%) if paid within twenty-nine (29) days after the date due;
2. Ten percent (10%) if paid within thirty (30) to fifty-nine (59) days after the date due;
3. Twenty percent (20%) if paid within sixty (60) to eighty-nine (89) days after the
date due;
4. Twenty-five percent (25%) if paid within ninety (90) to one hundred nineteen (119)
days after the date due;
5. Fifty percent (50%) if paid after one hundred twenty (120) or more days after the
date due.
B. In no event shall the penalty be less than ten dollars ($10).
C. In addition to the penalties assessed, interest shall be added to the amount due at the
maximum, legal, statutory rate and compounded daily.
D. The penalties assessed shall be in addition to any civil penalties that may be imposed as
a result of any action taken by the city to enforce the provisions of this chapter.
E. Notice of Violation and Order to Pay.
1. General. If the Finance Director determines that any person, co-partnership,
company, association, or corporation has engaged in any business or practice of
their trade or profession in violation of this chapter, he or she may issue a Notice of
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Violation and Order to Pay pursuant to Chapter 1.20. This Notice will specifically
indicate the following:
a. The name and address of the person(s) charged with the violation.
b. The street address or description of the location of the site on which the violation
has been determined to exist.
c. The amount necessary to cure the violation.
d. The date by which the payment is to be made.
e. A statement that the civil penalties established in 1.20 shall be assessed against
the person(s) cited if the payment is not made within the specified time.
F. Appeals. Any Notice of Violation and Order to Pay issued by the Finance Director shall
be appealable to the Hearing Examiner under Chapter 20.03 ((2.88)).
G. Penalties.
1. Any violation for which a Notice of Violation and Order to Pay has been issued but
which has not been paid within the time specified shall incur a civil penalty of two
hundred fifty dollars ($250) per day up to a sum of five thousand dollars ($5,000),
beginning on the day the payment was to be made. The cumulative penalty provided
for in this paragraph shall not accrue while an appeal is pending, nor shall the
penalty preclude the initiation of appropriate legal action to bar further operation of
a business, trade or occupation in violation of this chapter.
2. If a penalty has been assessed pursuant to 1.20, a court shall assess that penalty and
any additional penalty the court considers appropriate plus court costs and attorney’s
fees.
H. Compromise, Settlement, and Disposition of Disputes or Litigation: The Finance
Director and the City Attorney may negotiate a settlement or compromise, or otherwise
dispose of a dispute or litigation when to do so would be in the best interests of the city.
Section 12. Amendment. Moses Lake Municipal Code Section 5.07.090 titled “Mobile Food and Street
Food Vendor and Food Court Standards” is hereby amended as follows:
5.07.090 Mobile Food and Street Food Vendor and Food Court Standards. All mobile and street
vendors licensed under this chapter shall conform to the following standards:
A. No mobile food or street food vendor shall operate from one (1) location in a residential
zone as defined in Title 18((15)) for longer than fifteen (15) minutes at a time.
B. No mobile food or street food vendor shall locate his or her vehicle or conveyance in
that portion of public right-of-way abutting private property without the written
permission of the owner of the abutting private property. No food shall be offered,
displayed, or sold, and no customers served, in any vehicle travel lane. A mobile food
or street food vendor shall not be located within five feet (5') from the outside edge of
any public right-of-way.
C. No signs or signage shall be permitted other than that which can be contained on the
vehicle or conveyance utilized.
D. The distance between any food vendor and other structures on the site shall comply with
the requirements of the International Fire Code, as currently enacted or hereinafter
amended.
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E. No vehicle, mobile food, street food vendor, other conveyance or temporary stand shall
locate closer than fifty feet (50') from flammable combustible liquid or gas storage and
dispensing structures.
F. All mobile food and street food vendors shall have at least one (1) adequately sized and
properly secured garbage receptacle upon the site of business or on the vehicle or
conveyance for customer use.
G. Sites used by mobile food or street food vendors, or food courts shall be cleaned of all
debris, trash, and litter at the conclusion of daily business activities.
H. All vehicles, mobile food vendor, street food vendor, other conveyances, or temporary
stands shall be equipped with at least one (1) fire extinguisher approved by the Fire
Department, with an up-to-date annual inspection tag provided.
I. All tents with dimensions larger than ten feet (10') by ten feet (10') must conform to
labeling and certification which shall be done in accordance with the currently adopted
and amended state fire code.
1. The tent shall be of vinyl, canvas, or similar durable material. All parts of such tent
must have a minimum of seven feet (7') of vertical clearance to the ground.
2. All tents shall be anchored in accordance with requirements of the International Fire
Code, as currently adopted or hereinafter amended.
3. Cooking under tents shall conform with each of the following requirements:
a. Any tent that is placed over any cooking apparatus, or near a heat source, shall
be of a flame-retardant material, and require approval from the Fire Department.
b. Tents with cooking devices are not allowed to be open to the public.
c. Cooking devices are not allowed to obstruct the exit access, exit or exit
discharge.
d. Cooking devices located under tents with sidewalls shall have cooking devices
located a minimum of three feet (3') from tent walls.
e. Cooking surfaces shall have a minimum vertical clearance of forty-two inches
(42") to tent structure when the tent dimensions do not exceed ten feet (10') by
ten feet (10'), and a minimum vertical clearance of forty-eight inches (48") when
the tent dimensions exceed ten feet (10') by ten feet (10').
f. A minimum rated 2A-10BC fire extinguisher shall be located within each tent.
g. If grease-laden vapors are produced, a six (6) liter class K extinguisher shall be
located within the tent.
h. All compressed gas cylinders shall be restrained to prevent dislodging.
J. No mobile food or street food vendor shall sell or vend from his or her vehicle or
conveyance:
1. Within four hundred feet (400') of any public or private school grounds during the
hours of regular school session, classes, or school-related events in said public or
private school, except when authorized by said school.
2. Within three hundred feet (300') of any public park of the City where any City-
authorized concession stand is located during times other than during the course of
a public celebration except as approved by the Parks and Recreation Department of
the City.
3. Within three hundred feet (300') of any public park of the City where any City
authorized concession stand is located during the course of a public celebration
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when nonprofit organizations are permitted to engage in the sale of merchandise
and food in such park.
4. Within three hundred feet (300') of any public park or other public space during a
special event for which organizations are permitted to sell merchandise and/or food
in the park or public space for a fee, unless the mobile food or street food vendor
obtains written permission from the coordinator of the event.
K. No mobile food or street food vendor shall conduct business so as to violate the traffic
and sidewalk ordinances of the City as now in effect or hereafter amended.
L. No mobile food or street food vendor, acting solo or as part of a food court, shall obstruct
or cause to be obstructed the passage of any sidewalk, street, avenue, alley or any other
public place, by causing people to congregate at or near the place where goods, wares,
food, or merchandise of any kind is being sold or offered for sale.
M. Generators shall not be operated from 10:00 p.m. to 6:00 a.m.
Section 13. Amendment. Moses Lake Municipal Code Section 8.52.020 titled “Definitions” is hereby
amended as follows:
8.52.020 Definitions. For the purposes of this chapter the following words shall have the following
meanings:
A. “Commercial vehicle” means any motor vehicle where the principal use is
transportation of commodities, merchandise, produce, freight, vehicles, animals or
passengers for hire. Commercial vehicles are primarily used in construction, providing
a service or farming, including but not limited to bulldozers, backhoes, tractors and
cranes. A typical home use pickup truck or passenger van with a commercial logo on
the side shall not be considered a commercial vehicle under this definition.
B. “Designated driveway” means the clearly defined roadway leading from the street that
is surfaced by asphalt, concrete, gravel, bricks, pavers, or similar material not to exceed
thirty feet (30') in width, or otherwise as shown on approved site plans. Where there is
curb and gutter at the street, the driveway must have an approved curb cut.
C. “Front yard” means the area as defined in Section 18.03.040((Moses Lake Unified
Development Code Chapter 15.105)).
D. “Improved parking surface” means a parking surface such as concrete, asphalt, pavers,
brick or other similar surface. Gravel or crushed rock may be used in the side or rear
yards, and the front yard as it extends from the side yard. The parking surface shall be
continuous from a designated driveway. Gravel or crushed rock shall be contained and
shall not be allowed to migrate and shall be vegetation free. Material used for the
improved parking surface shall be a minimum of two inches (2") in thickness and shall
be at least the same area as the drip edge of the vehicle.
E. “Inoperable vehicle” means a vehicle as defined in subsection J of this section except
that it is not licensed or does not operate in the manner it was intended.
F. “Junk vehicle” means a vehicle certified under RCW 46.55.230 as meeting at least three
(3) of the following requirements: is three (3) years old or older; is extensively damaged,
such damage including but not limited to any of the following: a broken window or
windshield, or missing wheels, tires, motor, or transmission; is apparently inoperable;
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has an approximate fair market value equal only to the approximate value of the scrap
in it.
G. “Owner” means any person owning property as shown on the real property records of
Grant County or on the last assessment roll for taxes, and shall also mean any lessee,
tenant, or other person having control or possession of the property.
H. “Property” means land and all buildings and structures located thereon.
I. “Recreational vehicle” means a vehicular type unit primarily designed as temporary
living quarters for recreational, camping, travel, or seasonal use that either has its own
power or is mounted on, or towed by, another vehicle. Recreational vehicles include,
but are not limited to, camping trailers, fifth-wheel trailers, motor homes, travel trailers,
and truck campers.
J. “Vehicle” means a currently licensed motorized or nonmotorized conveyance that
includes, but is not limited to, an automobile, car, truck, camper, motorcycle, trailered
boat, trailered personal water-craft, trailered snowmobile, or recreational vehicle, trailer
of any type in operable condition, and may or may not be intended for use on public
roadways or waterways.
K. “Vacant property” means any lot, tract, or tax identification parcel which lacks any
habitable structures.
Section 14. Amendment. Moses Lake Municipal Code Section 13.07.020 titled “Connection to City
Water System” is hereby amended as follows:
13.07.020 Connection to City Water System:
A. Purpose. The requirement to connect to the City water system is to reduce the need for
Group A and B water systems; and to reduce well bore holes, which are potential
contamination sources.
B. New Buildings. All newly constructed buildings that will have human occupancy, as
defined in the building code, shall be connected to the City water system.
C. Existing Buildings. Owners of all existing buildings that have human occupancy, as
defined by the building code, that are within two hundred feet (200') of the City water
system shall be required to connect to the City water system within six (6) months of
City notification; provided, that single and duplex residences will not be required to
connect if the cost of making the connection exceeds nine thousand dollars ($9,000).
All connections shall be at the owner’s expense.
D. Private Water Systems. Properties that are connected to a private water system that is
approved by the Department of Health are exempt from this chapter.
E. Water Service Review – Appeal.
1. Purpose. Under the Public Water System Coordination Act of 1977, Grant County
established a coordinated water system plan (CWSP) on October 13, 1999, to
manage future development of public water supply. The CWSP priority and policy
framework is for development within a water utility retail service area to obtain
water service from the utility. Section V of the 1999 CWSP provides for a utility
service review procedure and further provides that any disputes arising within
incorporated areas be resolved through the procedures established by that city.
2. Appeal and Review Process Established.
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a. Application. The City has several water service utility providers within its
incorporated limits, each with its own service area. This appeal process is
limited to service issues related to those water service utility providers within
the incorporated City limits and does not apply to water service from the City.
b. Moses Lake Utilities Technical Review Committee. There is established a
Moses Lake Utilities Technical Review Committee (MLUTRC) comprised of
the Municipal Services Director, Community Development Director, Fire
Chief, and City Manager.
c. Filing Notice of Appeal. The applicant shall first go through the water utility’s
dispute resolution process, if there is one. If there is no dispute resolution
process provided for by the water utility, the applicant shall next use this
administrative dispute resolution process by requesting that the MLUTRC
review the application. MLUTRC review is initiated by the filing of a two
hundred fifty-dollar ($250.00) fee and the completed notice and statement of
appeal form with the Community Development Department. Forms are
available at the Community Development Department. Applicant must provide
a copy of the notice and statement of appeal to the water utility and shall file
proof of service with the filing of the notice and statement of appeal. Following
the filing of a completed notice and statement of appeal, appeal fee, and proof
of service on the water utility, the water utility shall be given ten (10) business
days within which to file its response to notice and statement of appeal with the
MLUTRC. Forms are available at the Community Development Department.
The MLUTRC shall provide the parties with a review schedule not to exceed
forty-five (45) days from the date of receipt of the water utility’s response to
notice and statement of appeal. The review schedule shall include timelines for
receiving information and evidence, including any briefings or other legal and
factual support for the parties’ positions. The written decision of the MLUTRC
shall be provided to the parties within fifteen (15) business days following
closure of the record.
d. Effect of MLUTRC’s Decision. The decision of the MLUTRC is final unless
appealed to the Moses Lake Hearing Examiner pursuant to Chapter
18.80((2.88)).
3. Issues Subject to Appeal and Review. Issues subject to review are limited to the
following:
a. Interpretation and application of water utility service area boundaries where
applicable;
b. Proposed schedule for providing service;
c. Conditions of service (excluding published rates and fees);
d. Minimum design standards as adopted in the CWSP, or more stringent
standards as contained in a utility water system plan approved by DOH.
Section 15. Severability. The provisions of this ordinance are declared to be separate and severable. If
any clause, sentence, paragraph, subdivision, section, subsection or portion of this ordinance, or the
application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons or circumstances.
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Section 16. Corrections. The City Clerk and the codifiers of this ordinance are authorized by the Moses
Lake City Council to make necessary clerical corrections to this ordinance including, but not limited to,
the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection
numbers, and any references thereto which do not change the substantive meaning of the ordinance.
Section 17. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage
and publication of its summary as provided by law.
ADOPTED by the City Council of the City of Moses Lake, Washington and signed by its Mayor
on September 24, 2024.
____________________________________
Dustin Swartz, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Debbie Burke, City Clerk Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Lombardi Skaug
Vote: Aye Aye Aye Aye Aye Aye Aye
Date Published: September 30, 2024
Date Effective: October 5, 2024
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Signature Certificate
Reference number: TPKVK-K8ZNT-RH6OJ-SY7HN
Document completed by all parties on:
03 Oct 2024 17:16:17 UTC
Page 1 of 1
Signer Timestamp Signature
Katherine Kenison
Email: kkenison@basinlaw.com
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Viewed:26 Sep 2024 16:35:40 UTC
Signed:26 Sep 2024 16:35:54 UTC
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Mayor Dustin Swartz
Email: dswartz@cityofml.com
Shared via link
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Viewed:01 Oct 2024 23:58:34 UTC
Signed:02 Oct 2024 00:08:24 UTC
IP address: 74.82.240.250
Location: Moses Lake, United States
Debbie Burke
Email: dburke@cityofml.com
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IP address: 63.135.54.162
Location: Moses Lake, United States
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ORDININACE 3051 EXHIBIT A
TITLE 15
UNIFIED DEVELOPMENT CODE
Chapters:
15.100 Administration
15.200 Land Use Decisions
15.300 Land Division
15.400 Zoning and Overlay Districts
15.500 Environmental Regulations
15.600 Special Use Standards
15.700 Community and Project Design Standards
Part 15.100 ADMINISTRATION
Chapter 15.105 DEFINITIONS
Chapter 15.110 MEASUREMENTS
Chapter 15.120 GENERAL PROVISIONS
Chapter 15.125 ADMINISTRATIVE CODE INTERPRETATIONS
Part 15.100 Administration Page 2 of 57
Chapter 15.105
DEFINITIONS
Sections:
15.105.001 A Definitions.
15.105.002 B Definitions.
15.105.003 C Definitions.
15.105.004 D Definitions.
15.105.005 E Definitions.
15.105.006 F Definitions.
15.105.007 G Definitions.
15.105.008 H Definitions.
15.105.009 I Definitions.
15.105.010 J Definitions.
15.105.011 K Definitions.
15.105.012 L Definitions.
15.105.013 M Definitions.
15.105.014 N Definitions.
15.105.015 O Definitions.
15.105.016 P Definitions.
15.105.017 Q Definitions.
15.105.018 R Definitions.
15.105.019 S Definitions.
15.105.020 T Definitions.
15.105.021 U Definitions.
15.105.022 V Definitions.
15.105.023 W Definitions.
15.105.024 X Definitions.
15.105.025 Y Definitions.
15.105.026 Z Definitions.
15.105.001 A Definitions.
“Accessory Dwelling Unit” “ADU” means an additional, subordinate dwelling unit on the
same lot which may be attached, detached, or located within the primary residence, for use
as a complete, independent dwelling with permanent provisions for living, sleeping, eating,
cooking, and sanitation. No mobile home or recreational vehicle shall be an accessory
dwelling unit.
“Accessory Dwelling Unit, Attached” means an accessory dwelling unit that is attached to or
part of the principal dwelling. Examples include converted living spaces, basements, attics,
attached garages, additions, or any combination thereof, that also meet the base definition
of an ADU.
“Accessory Dwelling Unit, Detached” means an accessory dwelling unit that is separate and
detached from the principal dwelling that also meets the base definition of an ADU.
Examples include converted garages or new standalone construction.
Part 15.100 Administration Page 3 of 57
“Accessory Use” means a use customarily incidental to and on the same lot as the principal
use of a building or operation, and so necessary or commonly to be expected that it cannot
be supposed that it was intended to be prohibited.
“Accessory Structure” means a detached, subordinate structure, the use of which is clearly
incidental and related to that of the principal structure or use of the land, and which is
located on the same lot as the principal structure.
“Adjoining” means next to, abutting.
“Activity Trail” means trails or paths that are designated for bicycle and pedestrian use.
Activity trails are typically ten feet (10') wide, unobstructed trails, with four feet (4') or more
of clearance on each side, and ten feet (10') of vertical clearance. Activity trails may be
widened sidewalks, designated roadway lanes, or separate trails from sidewalks or streets.
The Activity Trail Master Plan that was adopted by City Council provides guidance on the
construction of activity trails and their locations.
“Additional Work” means all work that is required to finish an incomplete project so that it
is acceptable per the terms of the permit. Costs of additional work include all costs for work
as well as all costs for enforcement actions required to obtain payment for additional work.
“Adjacent Property” means property which is contiguous or touching at any point. Property
which would be contiguous or touching except for the existence of a street, road, or right-
of-way will be considered contiguous or touching.
“Adult Arcade, Adult Panorama Theater, Adult Panorama” means any place to which the
public is permitted or invited and where coin operated or slug operated or electronically,
electrically, or mechanically controlled still or motion picture machines, projectors, or other
image producing devices are maintained to show images to persons in booths or viewing
rooms where the images so displayed depict or describe “specified sexual activities” or
“specified anatomical areas.”
“Adult Cabaret or Adult Entertainment Business” means an establishment to which
customers are invited or permitted access, and which, for consideration of any kind, offers
adult materials to such customers when any live, video, or film materials are displayed to
customers while on the premises. Adult entertainment businesses include, but are not
limited to, any adult mini-theater, adult motion picture theater, adult arcade, or live adult
entertainment establishments.
“Adult Entertainment” means:
1. Any exhibition, performance or dance of any type conducted in a premises where
such exhibition, performance, or dance involves a person who is unclothed or in
such costume, attire, or clothing as to expose any portion of the female breast
below the top of the areola or any portion of the pubic region, anus, buttocks, vulva
or genitals, or wearing any device or covering exposed to view which simulates the
Part 15.100 Administration Page 4 of 57
appearance of any portion of the female breast below the top of the areola or any
portion of the pubic region, anus, buttocks, vulva or genitals, or human male
genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Any exhibition, performance or dance of any type conducted in a premises where
such exhibition, performance or dance is distinguished or characterized by a
predominant emphasis on the depiction, description, simulation, or relation to the
following specified sexual activities:
a. Human genitals in a state of sexual stimulation or arousal,
b. Acts of human masturbation, sexual intercourse or sodomy, or
c. Fondling or other erotic touching of human genitals, pubic region, buttocks or
female breast; or
Any exhibition, performance or dance which is intended to sexually stimulate any
member of the public and which is conducted on a regular basis or as a substantial
part of the premises activity. This includes, but is not limited to, any such exhibition,
performance or dance performed for, arranged with or engaged in with fewer than
all members of the public on the premises at that time, with separate consideration
paid, either directly or indirectly, for such performance, exhibition or dance and
which is commonly referred to as table dancing, couch dancing, taxi dancing, lap
dancing, private dancing or straddle dancing.
“Adult Entertainment Establishment (Live)” means any building or portion of a building to
which any member of the public is invited or admitted and where any employee or
entertainer, on a regular basis or as a substantial part of the premises activity, conducts any
exhibition, performance, or dance of any type which contains:
1. Specified sexual activities;
2. Any display of specified anatomical areas; or
3. Any conduct intended to sexually stimulate any member of the public, including but
not limited to any such exhibition, performance, or dance performed for, arranged
with, or engaged in with fewer than all members of the public on the premises at
that time, with separate consideration paid either directly or indirectly for such
activity, and commonly referred to as table dancing, couch dancing, taxi dancing, lap
dancing, private dancing, or straddle dancing.
“Adult Entertainment Manager” means any person who manages, directs, administers or is
in charge of the affairs and/or conduct of any portion of any activity involving adult
entertainment occurring at any adult cabaret or adult entertainment business, and includes
assistant managers working with or under the direction of a manager to carry out such
purposes.
“Adult Entertainment Operator” means any person applying for or operating, conducting, or
maintaining any adult entertainment business.
“Adult Entertainment Operator Control Person” means all partners, corporate officers and
directors and any other individuals in the Adult Entertainment Operator’s business
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organization who hold a significant interest in the adult entertainment business, based on
the responsibility for management of the adult entertainment business.
“Adult Family Home” means a regular family abode of a person or persons providing
personal care, special care, room, and board to more than one (1) but not more than six (6)
adults who are not related by blood or marriage to the person or persons providing the
services.
“Adult Material” means material, conveyed or communicated by live performance, still
photograph, printed or pictorial matter, motion picture film, slide, video cassette, digital
video disk, recorded graphic or visual imagery, human conduct, or any other medium, which
material is intended to provide sexual stimulation or sexual gratification, and which is
distinguished or characterized by an emphasis on matter depicting, describing, or relating to
specified sexual activities or specified anatomical areas. “Adult material” also includes any
instrument, device, or paraphernalia designed for use in connection with specified sexual
activities.
“Adult Mini Theater” means an enclosed or drive-in theater used for presenting material
distinguished or characterized by an emphasis on matters depicting, describing or relating to
“specified sexual activities” or “specified anatomical areas” for observation by patrons
therein.
“Adult Motion Picture Theater” means an enclosed or drive-in theater with a capacity of 8 or
more persons used for presenting material distinguished or characterized by an emphasis on
matters depicting, describing, or relating to “specified sexual activities” or “specified
anatomical areas” for observation by patrons therein.
“Adult Panorama Theater or Adult Panorama” means any place to which the public is
permitted or invited and where coin operated or slug operated or electronically, electrically,
or mechanically controlled still or motion picture machines, projectors, or other image
producing devices are maintained to show images to persons in booths or viewing rooms
where the images so displayed depict or describe “specified sexual activities” or “specified
anatomical areas.”
“Adult Entertainment Applicant Control Persons” means all partners, corporate officers and
directors and any other individuals in the Applicant’s business organization who hold a
significant interest in the adult cabaret or adult entertainment business, based on
responsibility for management of the adult cabaret or adult entertainment business.
“Adult Entertainment Cabaret” means any room, place, or space whatsoever in the City in
which any music, singing, dancing, or other similar entertainment is permitted in connection
with any hotel, restaurant, café, club, tavern, eating place, directly selling, serving, or
providing the public, with or without charge, food or liquor. The words “music and
entertainment” as used herein, shall not apply to radios or mechanical devices.
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“Adult Entertainment Employee” means any and all persons, including managers,
entertainers and independent contractors, who work in or at or render any services directly
related to the operation of an adult entertainment business.
“Adult Entertainer” means any person who provides live adult entertainment within an
adult entertainment business as defined herein whether or not a fee is charged or accepted
for entertainment.
“Adult Entertainment, Member of the Public” means any customer, patron, club member, or
person, other than an employee as defined herein, who is invited or admitted to a cabaret.
“Affordable Housing” means housing used as the primary residence of an affordable housing
qualified household. Unless otherwise specified, the price of affordable units is based on
that amount a household can afford to pay for housing, when household income is less than
eighty percent (80%) of the median annual income, adjusted for household size, as
determined by the United States Department of Housing and Urban Development.
“Affordable Housing Unit” means, for the purposes of the MLUDC, housing reserved for
occupancy by eligible households and affordable to households with annual incomes below
eighty percent (80%) of the regional median income, adjusted for household size, and no
more than thirty percent (30%) of the monthly household income is paid for monthly
housing expenses. Housing expenses for ownership housing include mortgage, property
taxes, property insurance, and homeowner dues. Housing expenses for rental housing
include rent and appropriate utility allowance.
“Agricultural/Agriculture Lands” means lands that are not already characterized by urban
growth and are of long-term commercial significance for the commercial production of
horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products, or of
berries, grain, hay, straw, turf, seed, livestock, and Christmas trees not subject to excise tax.
“Airport Approach Surface” means a surface longitudinally centered on the extended
runway centerline, extending outward and upward from the end of the primary surface and
at the same slope as the approach zone height limitation slope. In plan the perimeter of the
approach surface coincides with the perimeter of the approach zone.
“Airport Conical Surface” means a surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000
feet.
“Airport Elevation” means the highest point of an airport’s usable landing area measured in
feet from sea level.
“Alley” means a service way providing a secondary means of public access to abutting
property and not intended for general traffic circulation.
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“Alteration” means any change, addition or modification in construction or occupancy or
any change, addition, or modification to a site, building or occupancy.
“Amusement Park” means a tract or area used principally as a permanent location for
amusement devices, rides and structures, and usually having booths for games or
refreshments. For seasonal operations and portable equipment see “Fairgrounds”.
“Antenna, Alternative Support Structures” includes flat roofs of buildings that are greater
than thirty-five feet in height above the street grade upon which such buildings front, bell
towers, clock towers, water towers, church steeples, street light standards, traffic light and
traffic sign structures, bill boards and commercial signs, and other man-made structures and
devices that extend vertically from the ground to a sufficient height or elevation to
accommodate the attachment of antennas at an altitude or elevation that is desirable for
wireless communications signal transmission and reception.
“Antenna” means any exterior apparatus designed for telephonic, radio, data, internet, or
other communications through the sending and/or receiving of radio frequency signals
including, but not limited to, equipment attached to an antenna support structure or
alternative antenna support structure for the purpose of providing wireless services.
“Antenna, Attached” means a wireless communication antenna which is fixed to an
alternative antenna support structure.
“Antenna Support Structure” means a structure or device specifically designed, constructed
and/or erected for the purpose of attaching, mounting or otherwise affixing antennas at a
height, altitude, or elevation which is significantly above the base of such structure; antenna
support structures include the following: Lattice Tower and Monopole Tower.
“Apartment” means a building or portion of a building arranged or designed to be occupied
by three or more families living independently of each other.
“Applicant” means the person, party, firm, corporation, or other legal entity that proposes
any activity. The Applicant is either the owner of the land on which the proposed activity
would be located, or the designated representative authorized to act on behalf of the owner
of the land, or both.
“Arcade” means a continuously covered area which functions as a weather protected
extension of the publicly accessible space which it abuts.
“Aquifer Recharge Areas” means areas which serve as critical groundwater recharge areas
and which are highly vulnerable to contamination from intensive land uses within these
areas.
“Area of Shallow Flooding” means a designated zone AO, AH, AR/AO or AR/AH (or VO) on a
community’s flood insurance rate map (FIRM) with a one percent chance or greater annual
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chance of flooding to an average depth of one to three feet where a clearly defined channel
does not exist, where the path of flooding is unpredictable, and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the
sheet flow area.
“Area of Special Flood Hazard” means the land in the flood plain within a community subject
to a one percent (1%) or greater chance of flooding in any given year. Designation on flood
insurance rate maps always includes the letters A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30,
VE). Definitions of each zone are established by the Federal Emergency Management
Agency (FEMA). “Special flood hazard area” is synonymous with the phrase “area of special
flood hazard”.
“Articulation” means the giving of emphasis to architectural elements (like windows,
balconies, entries, etc.) that create a complimentary pattern or rhythm, dividing the large
buildings into smaller identifiable pieces.
“Auto Wrecking Yard” means any area, lot, land, parcel, building, structure, or part thereof
where buying, selling, or dealing in vehicles of a type required to be registered under
Washington State law, for the purpose of wrecking, dismantling, disassembling, or
substantially changing the form of a vehicle, or buying or selling integral secondhand parts,
in whole or in part is taking place.
“Auto Repair” means a building or portion thereof designed and used for storage, repair or
servicing of motor vehicles or boats as a business.
“Assisted Living” means an establishment which provides living quarters and a variety of
limited personal care and supportive health care to individuals who are unable to live
independently due to infirmity of age, physical or mental handicap, but who do not need the
skilled nursing care of a convalescent or nursing home.
“Average Daily Traffic” means the total average volume of traffic that passes or is estimated
to pass a point or segment of a roadway facility, in both directions, during a twenty-four (24)
hour period that does not include weekends. When the average daily traffic is required to
be provided for future estimates, it shall be based on industry standard calculations.
15.105.002 B Definitions.
“Base Flood” means the flood having a one percent (1%) chance of being equaled or
exceeded in any given year. Also referred to as the “100-year flood.”
“Base flood elevation (BFE)” means the elevation to which floodwater is anticipated to rise
during the base flood.
“Basement” means any area of the building having its floor sub-grade (below ground level)
on all sides.
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“Bed and Breakfast” means an owner-occupied dwelling which temporarily houses guests
for profit. A bed and breakfast does not include a rooming house.
“Best Available Science” means current scientific information used in the process to
designate, protect, or restore critical areas that is derived from a valid scientific process
following WAC 365-195-900 through 365-195-925.
“Binding Site Plan” means an alternative procedure for the orderly and efficient division of a
single lot of a recorded plat into parcels.
“Block” means a group of lots, tracts, or parcels bounded by streets, pedestrian access ways,
and other private internal circulation routes that allow for public access.
“Boarding House or Lodging House” means an establishment with lodging for five or more
persons on a weekly or longer basis with a central kitchen and dining area maintained
exclusively for residents and their guests, for compensation.
“Brewery” means an establishment which manufactures fermented malt beverages on site.
A brewery may sell products manufactured on site for on-premises and off-premises
consumption but does not meet the requirements to be considered a brewpub.
“Brewpub” means a restaurant that manufactures up to 5,000 barrels of fermented malt
beverages per year on premises as an accessory use. Such an accessory use shall not occupy
more than thirty percent (30%) of the gross floor area of the restaurant.
“Buildable Area/Building Envelope” means the net area of a site where construction can
legally and reasonably take place, after minimum open space, landscaping, setback and any
other applicable zoning requirements have been applied.
“Building” means any structure having a roof supported by columns or walls used or
intended to be used for the shelter or enclosure of persons, animals, or property of any
kind. (See “Structure.”)
“Building Area” means the total square footage of the building, including basements and
mezzanines.
“Building height” means the vertical distance measured from the average grade to the
highest point on the roof, ridge, or parapet wall.
“Building Official” means the Building Official of the City of Moses Lake or the Building
Official’s designated representative.
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15.105.003 C Definitions.
“Caliper” means the diameter of a tree in inches as measured according to specifications
promulgated by the American Association of Nurserymen in American Standard For Nursery
Stock, ANSI Z60,1-1990.
“Campground, Public” means a City owned facility which provides passive recreation
activities such as beaches, trails, camping sites, horticultural exhibits, or interpretive
centers.
‘Campground, Private” means a facility under private ownership which provides passive
recreation activities such as beaches, trails, camping sites, horticultural exhibits, or
interpretive centers.
“Cargo Containers or Containers” are standardized reusable vessels that were: (1) originally,
specifically, or formerly designed for or used in the packing, shipping, movement or
transportation of freight, articles, good or commodities; and/or (2) designed for or capable
of being mounted or moved by rail, truck, or ship by means of being mounted on a chassis
or similar transport device. This definition includes the terms “transport containers” and
“portable site storage containers.
“Churches, Temples, Synagogues, Etc.” means a facility operated for worship, prayer,
meditation or similar activity by an organization granted tax exempt status by the Federal
Internal Revenue Service. Also known as “Religious Facility”.
“City” means the City of Moses Lake, Washington, a municipal corporation.
“City Engineer” means the Public Works Director or the Public Works Director’s designee.
“Clearview Triangle” see “Sight Distance Triangle”.
“Clearing” means the removal of brush, grass, ground cover, or other vegetative matter
from a site which exposes the surface of the site.
“Clinic” means a place where group medical services are performed, not including the
overnight housing of patients.
“Club” means an association of persons, religious or otherwise, for a common purpose, but
not including groups which are organized primarily to render a service carried on as a
business for a profit.
“Cluster Housing Developments” means detached and/or attached dwelling units arranged
in close groups similar to cottage housing with a buffer zone for critical areas and/or
outdoor recreation which may be on individual lots.
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“Co-location” means (1) mounting or installing an antenna facility on a preexisting structure,
and/or (2) modifying a structure for the purpose of mounting or installing an antenna facility
on that structure; provided, that, for purposes of eligible facilities requests, “co-location”
means the mounting or installation of transmission equipment on an eligible support
structure for the purpose of transmitting and/or receiving radio frequency signals for
communications purposes.
“Commercial Building” means churches, schools, and buildings classified under the State
Building Code within the occupancy groups A, B, E, F, H, I, M, R-1, and S.
“Commercial Coach” means a structure transportable in one (1) or more sections that is
built on a permanent chassis and designed to be used for commercial purposes with or
without a permanent foundation when connected to the required utilities. A commercial
coach is labeled with a black insignia in compliance with Washington State Department of
Labor and Industries regulations.
“Commercial Lodging, Business or Tourist” means transient lodging provided for a fee or
charge in a hotel, motel, boarding house, bed and breakfast, short term stay use or other
granting of any similar license to use real property for a period of less than thirty (30) days.
“Commercial Lodging, Convention” means transient lodging provided for a fee or charge in a
hotel, motel, boarding house, bed and breakfast, short term stay use or other granting of
any similar license to use real property for a period of less than thirty (30) days associated
with a convention center.
“Commercial Significance, Long Term” means the growing capacity, productivity, and soil
composition of the land for long-term commercial production, in consideration with the
land’s proximity to population areas, and the possibility of more intense use of the land.
“Community Development Director” refers to the designated City employee responsible for
overseeing the Community Development Department of the City of Moses Lake, or the
Community Development Director’s designee.
“Community Center” means a structure owned and operated by a nonprofit public or
private corporation and used as a public meeting place for recreation, education, and the
general good of the community.
“Community Garden” means privately or public owned land used for the cultivation of fruits,
vegetables, plants, flowers, or herbs by multiple users. Community gardens may be divided
into separate plots for cultivation by one or more individuals or may be farmed collectively
by member of the group and may include common areas maintained or used by group
members.
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“Compensatory Mitigation” means mitigation for wetland losses or impacts resulting from
alteration of wetlands and/or their buffers. It includes, but is not limited to, creation,
enhancement, and restoration.
“Composting Facility” means a location where organic municipal solid waste is collected and
stored in a controlled setting in accordance with state law. The stored materials can be
used as compost fertilizer for plants. These facilities will often be a centralized location
within municipal programs and include the collection of leaf and yard waste.
“Comprehensive Plan” means the generalized coordinated land use policy statement of the
City of Moses Lake adopted pursuant to the Growth Management Act.
“Conference Center” means an establishment developed primarily as a meeting facility,
including only facilities for recreation, overnight lodging, and related activities provided for
conference participants.
“Conditional Use” means a use conditionally allowed in one (1) or more zones but which,
because of characteristics particular to each such use, size, technological processes,
equipment, or because of the exact location with respect to surroundings, streets, existing
improvements, or demands upon public facilities, requires a special degree of control to
determine if uses can be made compatible with the Comprehensive Plan, adjacent uses, and
the character of the vicinity.
“Condominium Dwelling” means a dwelling unit, established under Chapters 64.32 or 64.34
RCW, owned separately from any other unit within the same building, if any, and the lot on
which the building is located is owned in common by all dwelling unit owners.
“Congregate Care / Assisted Living” means a dwelling providing shelter and services for the
elderly which may include meals, housekeeping, and personal care assistance.
“Contractor Construction Services” A use which combines administrative offices with on-site
storage of equipment or materials
“Construction Plans” means the maps, drawings, and specifications that are stamped by a
professional engineer, that show and describe the specific location and design of
improvements to be installed or constructed.
“Construction Site Operator” means a person, firm, corporation, subdivider, developer,
contractor, property owner, or any agent of a property owner who causes construction
activity.
“Contaminant” means any chemical, physical, biological, or radiological material that is not
naturally occurring and is introduced into the environment by human action, accident, or
negligence.
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“Cooperative” means a group of more than one, but not more than four qualified medical
marijuana patients and/or designated providers who share responsibility for growing and
processing marijuana only for the medical use of the members of the cooperative.
“Cottage Housing” means residential units on a lot with a common open space that either
(a) is owned in common; or (b) has units owned as condominium units with property owned
in common and a minimum of twenty percent (20%) of the lot size as open space.
“Courtyard Apartments” means up to four attached dwelling units arranged on two or three
sides of a yard or court.
“Critical Area/Wetland Enhancement” means actions performed to improve the condition of
existing degraded wetlands and/or buffers so that the functions they provide are of a higher
quality (e.g., increasing plant diversity, increasing wildlife habitat, installing environmentally
compatible erosion controls, removing non-indigenous plant or animal species, removing fill
material or garbage, etc.).
“Critical Areas” means an area or combination of areas or ecosystems which include
wetlands, aquifer recharge areas, frequently flooded areas, geologically hazardous areas,
and fish and wildlife habitat conservation areas. See MLUDC Chapter 15.515.
“Critical Facility” means a facility for which even a slight chance of flooding would represent
a major risk. Critical facilities include, but are not limited to, schools, nursing homes,
hospitals, police, fire and emergency response installations, installations which produce,
use, or store hazardous materials or hazardous waste of a type and amounts deemed to be
inappropriately located in a 100-year floodplain.
“Cryptocurrency Mining” means the operation of specialized computer equipment for the
primary purpose of mining one (1) or more blockchain based cryptocurrencies such as
Bitcoin. This activity typically involves the solving of algorithms as part of the development
and maintenance of a blockchain which is a type of distributed ledger maintained on a peer-
to-peer network. Typical physical characteristics of cryptocurrency mining include
specialized computer hardware; high density load (HDL) electricity use; a high energy use
intensity (EUI) where the operating square footage as determined by the utility is above two
hundred fifty (250) kWh/ft2/year and with a high load factor in addition to the use of
equipment to cool the hardware and operating space. For the purposes of the associated
regulations, cryptocurrency mining does not include the exchange of cryptocurrency or any
other type of virtual currency nor does it encompass the use, creation, or maintenance of all
types of peer-to-peer distributed ledgers.
“Cul De Sac” means a street with no outlet, commonly referred to as a dead end street.
“Cul De Sac Bulb” means the circular turn around at the end of a cul-de-sac
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“Cultivation” means the planting, growing, harvesting, drying, or processing of marijuana
plants or any part thereof.
15.105.004 D Definitions.
“Dangerous Waste” means those wastes designated by the Revised Code of Washington
(RCW) or Washington Administrative Code (WAC) as dangerous or extremely hazardous
waste.
“Data Center/Server Farm/Cluster” means a network of computer(s) and/or server(s)
typically used by organizations for the remote storage, processing, or distribution of large
amounts of data.
“Data Maps” means a series of maps that are maintained by the Community Development
Department for the purpose of graphically depicting the boundaries of resource lands and
critical areas.
“Day Care Facility” means an agency or person regularly providing care for a group of
children for periods of less than twenty-four (24) hours.
“Day Care Center, Adult or Child, Level 1 & 2” means an establishment for group care of
nonresident adults or children. See MLUDC Chapter 15.605.
“Dead-End Street” means a municipal or private street that has a single egress via the
intended route. Cul-de-sac streets are considered dead-end streets.
“Dedication” means the deliberate appropriation of land by an owner for any general and
public uses, for which the owner reserves no other rights than such as are compatible with
the full exercise and enjoyment of the public uses to which the property has been
appropriated.
“Density” means the number of dwelling units within a given unit of land.
“Developer” means a legal property owner who has completed municipal improvements as
a result of ordinances that required the improvements as a pre-requisite to further property
development. May include the Applicant, or agent of the Applicant.
“Development” means the physical extension and/or construction of urban land uses.
Development activities include, but is not limited to: subdivision of land; change in intensity
of use of land; construction, reconstruction, demolition or partial demolition or alteration of
buildings, roads, utilities, and other facilities; commencement of drilling (except for a
permitted well or to obtain soil samples), mining, or excavation; grading, deposit of fill
materials; and clearing of natural vegetation cover, etc.
“Development (as pertains to the special flood hazard area)” means the division of a parcel
of land into two or more parcels; the construction, reconstruction, conversion, structural
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alteration, relocation, or enlargement of any structure; any manmade change to improved
or unimproved real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage equipment or
materials located within the area of special flood hazard; and use of land or water or the
intensification or expansion of the use of land or water.
“Development Agreement” means a contract between an Applicant and the City defining
their respective roles and responsibilities for final approval of a land development.
“Development Application” means a written request completed by an Applicant, seeking
City approval for a development. This could include any land use or environmental permit,
license or action applied for and regulated by the MLUDC, including but not limited to
building permits, subdivisions, binding site plans, planned development district overlays,
rezones, mobile home parks, home occupations or conditional use permits.
“Development Code” means any code associated with or regulating development, including
but not limited to the MLUDC.
“Director” means the City of Moses Lake Community Development Director or designee,
unless otherwise specified.
“Distillery” means a facility which produces spirits for consumption, the sales and
distribution of which are subject to regulation by the Washington State Liquor Control
Board.
“District” means a zoning district unless otherwise defined.
“Disposal, Industrial” means the storage, processing, or disposal of dangerous waste shall be
subject to the regulations of the Washington State Department of Ecology.
“Division of Land” means the division of any land into two (2) or more lots, tracts, or parcels.
“Docket” means the process for determining which proposed annual comprehensive plan
amendments will be considered during the annual review process. See MLUDC Chapter
15.240.
“Domicile” as it pertains to marijuana cooperatives means a person’s true, fixed, primary
permanent home and place of habitation and the tax parcel on which it is located. It is the
place where the person intends to remain and to which the person expects to return when
the person leaves without intending to establish a new domicile elsewhere.
“Driveway” means a private access that is constructed in accordance with the Community
Street and Utility Standards.
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“Dual Frontage Properties” refers to properties that have street frontage on two opposite
boundaries, one of which is the street address and primary access.
“Dwelling” means any building or portion thereof designed or used for a residence or
sleeping place of one (1) or more persons.
“Dwelling, Cottage” “Cottage” means a small single-family swelling that is clustered with
other similar units surrounding a common open space. See MLUDC Chapter 15.415 for
special cottage housing provisions.
“Dwelling Unit” means one (1) or more habitable rooms for one (1) family with facilities for
living, sleeping, cooking, eating, and sanitation.
“Dwelling, Live-Work Units” are a type of Mixed Use development that combines
commercial or manufacturing space within the same structure as a residential living space
that is designed for that business owner.
“Dwelling, Multifamily” means a building or portion thereof designed or used as a residence
and containing more than four (4) dwelling units.
“Dwelling, Single-family” means a dwelling designed or used for residence and containing
only one (1) dwelling unit, or one dwelling unit with an attached or detached accessory
dwelling unit used, intended, or designed to be used, rented, leased, let, or hired out to be
occupied for living purposes, intended for occupancy by one family which may be either the
lot owner or a renter.
“Dwelling, Two (2) Dwelling or Duplex” a building designed or used for residential purposes
and containing two (2) dwelling units.
15.105.005 E Definitions.
“Earth/Earth Material” means naturally occurring rock, soil, stone, sediment, organic
material, or combination thereof.
“Easement” means a grant of one (1) or more rights in property by the property owner to
and for the use by the public, the City, a corporation, or another person or entity. See also
Municipal Easement, Private Easement, and Public Utility Easement.
“Easement, Municipal” means an easement that is accepted by the City for constructing,
maintaining, and servicing municipal improvements, and for permitted public and private
uses.
“Easement, Private” means an easement that is provided to an individual or group of
individuals. Any property rights related to private easements shall only belong to those
individuals to whom the private easement is provided.
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“Easement, Public Utility” means a nonexclusive easement granted to public utility providers
for the express use of locating public utilities.
“Electric Vehicle Charging Station” means a power supply device that supplies electrical
power for recharging plug-in electric vehicles (including battery electric vehicles, electric
trucks, electric buses, neighborhood electric vehicles and plug-in hybrid vehicles).
“Emergency Housing” means a facility whose primary purpose is to provide temporary or
transitional shelter and supportive services to the homeless in general or to a specific
population of the homeless for no more than sixty (60) days.
“Engineer” means a City employee who is designated by the Public Works Director to
oversee a particular construction project.
“Entertainment” means any exhibition or dance of any type, pantomime, modeling, or any
other performance.
“Erosion” means the wearing away of the earth’s surface as a result of the movement of
wind, water, or ice.
“Erosion Hazard Areas” means areas which are areas likely to become unstable, such as
bluffs, steep slopes, and areas with unconsolidated soils. Areas which have been rated as
severe or very severe for building site development on slopes by the United States
Department of Agriculture Soil Conservation Service Soil Survey for Grant County are
included within this definition.
“Excavation” means the manual and or mechanical removal of earth material or fill.
“Existing and Ongoing Agricultural Activities” means those activities conducted on lands
defined in RCW 84.34.020 (2).
“Exhibition Halls and Museums” means public facilities designed to increase the
community’s understanding and appreciation of natural and cultural history which may
include components such as exhibit, display, educational and research facilities; interpretive
kiosks; wildlife viewing areas; scenic overlooks; self-guided trails and interpretive signs and
labels.
15.105.006 F Definitions.
“Façade” means one (1) or more exterior walls of a building that face one (1) direction,
including parapets and openings such as doors and windows.
“Family” means one or more persons, either related or unrelated, living together as a single
housekeeping unit, as distinguished from a group occupying a boarding or lodging house or
hotel.
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“Fairgrounds” means a seasonal use operated for profit offering portable facilities and
equipment for recreation and entertainment.
“Fill/Fill Material” means a deposit of earth material, placed by human or mechanical, and
which is not defined as solid waste according to Chapter 70.95 RCW.
“Filling” means the act of placing fill material on any surface.
“Final Plat” means the plat of the final subdivision. An approved final plat is a final plat that
has been approved, with conditions. Final major and short plats are approved as provided in
the MLUDC. All approved final plats will be signified by a written notice of final plat approval
that is prepared by the Director, with the conditions of approval listed in the notice.
“Fish and Wildlife Habitat Areas” means areas which, in a natural state, serve as an
important habitat for locally important species, including, but not limited to, riparian
ecosystems, naturally occurring ponds under twenty (20) acres; or areas in which rare,
threatened, or endangered species have a primary association.
“Flood Insurance Rate Map (Firm)” means the official map on which the Federal Insurance
Administration has delineated both the areas of special flood hazards and the risk premium
zones applicable to the community.
“Flood Insurance Study” means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Maps, and the water
surface elevation of the base flood.
“Flood or Flooding” means a general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland or tidal waters and/or the
unusual and rapid accumulation of run-off of surface waters from any source.
“Floodway” means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing
the water surface elevation more than one foot (1').
“Franchise”means a special privilege conferred by the City to an individual or corporation,
which special privilege does not belong to the general public.
“Franchise Permit” means a permit that authorizes a franchisee to install, remove, or
replace existing or proposed municipal improvements.
“Freeway Interchange Sign” means a freestanding sign that is intended to attract the
attention of traffic entering or exiting an Interstate 90 or SR 17 interchange. A freeway
interchange sign is located within one thousand five hundred feet (1,500') of the
interchange as measured from the centerline of Interstate 90 or SR 17 right-of-way and the
intersecting right-of-way centerline.
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“Freeway Sign” means a freestanding sign that is intended to attract the attention of traffic
on Interstate 90. A freeway sign is located within two hundred fifty feet (250') of Interstate
90 right-of-way.
“Frequently Flooded Areas” means areas within the City of Moses Lake which are
determined to be at risk of having one percent (1%) or greater chance of experiencing a
flood in any one (1) year, with those areas defined and identified on the Federal Emergency
Management Administration (FEMA) Flood Insurance Rate Maps for the City of Moses Lake.
“Fueling or Service Stations” means any area of land, including the structures thereon, that
is used for the sale of gasoline or other motor fuels, oils, lubricants and auto accessories
(including areas for storage) and which may or may not include, lubricating and other minor
servicing but no painting operation
“Full-Time” means at least eleven (11) months out of the year.
“Funeral Home” means a building or part thereof used for human funeral services. Such
building may contain space and facilities for (a) embalming and the performance of other
services used in the preparation of the dead for burial; (b) the performance of autopsies and
other surgical procedures; (c) the storage of caskets, funeral urns and other related funeral
supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation.
“Fruit or Vegetable Stand” means any facility from which seasonal fresh fruits or vegetables
produced within the state of Washington are sold to the public. Fruit or vegetable stand
includes roadside stands, farmer's markets, trucks or other conveyances and temporary
open air parking lot stands other than those owned or operated by retail grocery stores.
Such facilities may or may not be owned, leased, or otherwise operated by the producer of
the fruits or vegetables.
15.105.007 G Definitions.
“General Plan” means the General Plan of the City as adopted by the City Council (same as
Comprehensive Plan).
“Geologically Hazardous Areas” means areas designated within the City of Moses Lake
which are not suited for siting commercial, residential, or industrial development because of
their susceptibility to erosion, sliding, earthquake, or other geological events. These areas
shall include erosion hazard areas, landslide hazard areas, and seismic hazard areas.
“Golf Course” means an area of land where nine or 18 holes of golf is played. A golf course
may, or may not, include putting course and driving range. A golf course does not include
miniature golf which is defined as Indoor Amusement, Recreation and Entertainment.
“Grade (Ground Level)” means the average of the finished ground level at the center of all
walls of a building.
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“Grading” means any excavating, filling, clearing, leveling, or contouring of the ground
surface of a site.
“Gross Floor Area” means all floor area within the exterior walls of a building, including
areas in halls, storage, and partitions.
“Group R-1 and R-2 Occupancies” means occupancies as defined by the currently adopted
State Fire Code.
15.105.008 H Definitions.
“Habitat Management Plan” means a report prepared by a qualified wildlife biologist for the
management of fish and wildlife habitat areas.
“Hazard to Air Navigation” means any obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the navigable airspace.
“Hazardous Substance” means any material that exhibits any of the characteristics or
criteria of hazardous waste, inclusive of waste oil and petroleum products, and which
further meets the definitions of “hazardous waste” pursuant to Chapter 173-303 WAC.
“Hazardous Waste” means all dangerous and extremely hazardous waste as defined in the
Revised Code of Washington (RCW) or Washington Administrative Code (WAC).
“Heliport Primary Surface” means the area of the primary surface coincides in size and
shape with the designed takeoff and landing area of a heliport. This surface is a horizontal
plane at the elevation of the established heliport elevation.
“Hillsides” means geologic features with slopes of fifteen percent (15%) or greater. (Vertical
Distance)/H (Horizontal Distance) x 100= Slope %.
“Home Occupation” means any endeavor conducted for financial gain or profit in a dwelling
unit where the endeavor is not generally characteristic of activities for which dwelling units
are intended or designed; provided, that endeavors where the only activities include the
receipt of mail, the use of a telephone, the occasional commercial delivery of goods and
materials not inconsistent with such deliveries in residential neighborhoods, and occasional
vehicular traffic not inconsistent with such vehicular traffic in residential neighborhoods, are
not considered home occupations subject to permitting requirements under the MLUDC.
“Horizontal Surface” means a horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter of the horizontal
zone.
“Hospital” means a building requiring a license pursuant to Chapter 70.41 RCW and
designed and used for the medical, surgical diagnosis, treatment and housing of persons
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under the care of doctors and nurses and including ancillary uses such as cafeterias, florists
and patient- and visitor-related services. Rest homes, nursing homes, convalescent homes
and clinics are not included.
“Hotel or Motel” means a facility offering transient lodging accommodations to the general
public. The facility may also provide additional services, such as restaurants, meeting rooms,
entertainment, and recreation facilities. Institutions housing persons under legal restraint or
requiring medical attention or care, bed and breakfasts and boarding houses are not
included within the scope of this definition.
15.105.009 I Definitions.
“Impervious Groundcover” means a surface that is covered with material that is resistant to
infiltration of water including conventionally surfaced streets, roofs, sidewalks, concrete
flatwork, driveways, parking lots and other oiled, graveled, graded or compacted surface
that impedes the natural infiltration of surface water.
“Impervious Surface.” Any structure or other nonvegetated surface affixed to the ground
that prevents or retards the entry of water into the soil layer, or that causes water to run off
the surface in greater quantities or at an increased rate of flow from the flow rate prior to
addition of such surface. “Impervious Surfaces” include, without limitation: structures,
including eaves; vehicular, bicycle, pedestrian or other circulation facilities constructed of
solid surfaces, including pavement, concrete, u grouted brick or stone; solid decks, patios,
sport courts, swimming pools, hot tubs and similar recreation facilities; and landscape
features, including sheds, arbors, and play structures.
“Improvements” means any combination of pavement, curb, gutter, sidewalk, walkway,
street sign, drainage structure, bike path, sewer, water, gas, street lights,
telecommunications, electricity, or other utility or structure.
“Improvements, Municipal” means any or all sewer mains and appurtenances, water mains
and appurtenances, asphalt pavement, sidewalks, drainage structures, and other permanent
structures that are constructed for the benefit of the public as approved and accepted by
the City.
“Improvements, Municipal Street” means curbs and gutters, asphalt pavement, storm
drainage systems, sidewalks, street lighting, traffic controls, and other similar roadway
improvements that are constructed for the benefit of the public and are maintained by the
City.
“Improvements, Required” means improvements that are mandatory as a condition of
development. Required improvements shall be constructed in conformance with the
Community Street and Utility Standards.
“Indoors” means within a fully enclosed and secure structure that complies with the
International Building Code, as adopted by the City of Moses Lake, that has a complete roof
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enclosure supported by connecting walls extending from the ground to the roof, and a
foundation, slab, or equivalent base to which the floor is securely attached. The structure
must be secure against unauthorized entry, accessible only through two (2) or more lockable
doors, and constructed of solid materials that cannot be easily broken through. Plastic
sheeting, regardless of gauge, or similar products do not satisfy this requirement.
“Indoor Amusement, Recreation and Entertainment” means establishments engaged in
providing amusement or entertainment for a fee or admission charge, including but not
limited to activities such as dance halls, studios, bowling alleys, billiard and pool
establishments, in-door rinks, miniature golf courses, video arcades, indoor swimming pools,
expositions, game parlors, batting cages.
“Indoor Firing or Gun Range” means an area provided with targets for the controlled
practice of shooting.
“Industry, Heavy” means industrial uses that are not specifically defined elsewhere in the
MLUDC, that can be described in one of the following four ways: Primary processing or
manufacturing or repair operations not specifically defined elsewhere in the MLUDC or this
definition. For illustrative purposes, heavy industrial uses include (if they meet the
thresholds of this definition), but are not limited to:
• Coal cleaning plants with thermal dryers; coke oven batteries; carbon black plants
(furnace process); petroleum refineries; petroleum storage and transfer units
(except retail gasoline stations); and bulk fuel dealers;
• Facilities used in the primary or secondary production of metals (e.g., primary zinc,
copper, or lead smelters; primary aluminum ore reduction plants; iron and steel
mills; sintering plants; secondary metal production plants; and blacksmith shops);
• Portland cement plants;
• Sawmills and pulp mills;
• Incinerators with the capacity to charge more than 250 tons of refuse per day;
• Lime plants; phosphate rock processing plants; sulfur recovery plants; and
hydrofluoric, sulfuric, or nitric acid plants;
• Fossil fuel combustion (except for electricity generation) totaling more than 250
million BTUs per hour of heat input;
• Fabrication of motor vehicles, manufacturing equipment, durable goods, or pre-
fabricated homes or home components;
• Drycleaner processing plants that use large quantities of PERC or comparable
petrochemical solvents;
• Manufacture of plastic products (except assembly of parts that are manufactured
elsewhere);
• Hot mix asphalt plants; and
• Meat processing involving butchering of large animal carcasses.
“Industry, Light” means a category of uses that involves research and development,
assembly, remanufacturing, compounding, packaging, testing, or treatment of products,
generally from previously prepared materials or components, with limited outside storage
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and limited truck traffic, external impacts, or risks, such that the use is not defined as
"Heavy Industry". Light industry also includes wholesaling, warehousing, and distribution
uses that involve fewer than 12 truck trips per day. For illustrative purposes, light industrial
uses may include:
• Assembly, testing, repair, or refurbishing of products, instruments, electronics,
office and computing machines, and fixtures using pre-manufactured components;
• Offices of general contractors; specialty subcontractors; tradesmen; or
telecommunications providers which include:
• Overhead door access to indoor storage of tools, parts, and materials;
• Parking of commercial vehicles or a fleet of cars, vans, or light trucks that are used in
the business; or limited outdoor storage areas;
• Food production (e.g., commercial kitchen or bakery) and packaging, but not meat
processing involving butchering of large animal carcasses;
• Medical marijuana-infused products manufacture; or
• Restaurants;
• Beverage production (alcoholic and non-alcoholic) and bottling;
• Furniture making or refinishing;
• Manufacture of textiles or apparel;
• Screen printing of apparel (except low volume screen printing at a retail store);
• Printing and publishing, except copy centers, and except printing presses that
require a Stationary Source permit or Title V permit for air emissions;
• Research, development, and testing laboratories (e.g., for development of products,
equipment, or materials), if not classified as ""office"" or ""heavy industry"";
• Disassembly of consumer electronics and/or appliances into component parts,
where all operations and storage are within an enclosed building;
• Manufacture of glass products (e.g., windowpanes, bottles and jars), including hand-
blown products;
• Fabrication of building materials such as countertops, drywall, and cut stone (if not
classified as heavy industry);
• Manufacture or compounding of pharmaceutical products, dietary supplements,
health and beauty products, and herbal products;
• Packaging of products; or
• Storing, selling, and/or distributing merchandise for or to retailers; industrial,
commercial, institutional, or professional business users; or wholesalers, except that
except that wholesale membership clubs that offer memberships to the general
public are not Light Industrial uses.
“In-Kind Mitigation” means to replace wetlands with substitute wetlands whose
characteristics and functions and values are intended to replicate those destroyed or
degraded by a regulated activity.
15.105.010 J Definitions.
15.105.011 K Definitions.
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“Kennel” means any lot or premises on which four (4) or more dogs over four (4) months of
age are kept.
15.105.012 L Definitions.
“Land Surveyor” means an individual licensed in the State of Washington to perform land
surveys in accordance with the provisions of state law.
“Landscaped” means an area in lawn, shrubbery, wood chips, rock, or other material that is
maintained and kept free of debris and other nuisances.
“Landslide Hazard Areas” means areas which are susceptible to risk of mass movement due
to a combination of geologic, topographic, and hydrologic factors.
“Lattice Tower” means a vertical support structure consisting of a network of crossed metal
braces, forming a tower which may be three, four, or more sided.
“Laundromat” means a facility providing machines for the washing and drying of clothes and
personal items. This definition does not include an industrial facility providing laundry, dry
cleaning, linen supply, and uniforms on a regional basis.
“Larger Than Utility Runway” means a runway that is constructed for and intended to be
used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight and
jet powered aircraft.
“Lease” means a contract or agreement whereby one (1) party grants to another party
general or limited rights, title, or interest in real property. This definition is intended to
apply to those agreements that are ordinarily considered “ground leases” and does not
apply to those which are ordinarily considered “space leases”.
“Legal Property Owner” means the person, firm, or corporation who is listed in records of
the Grant County Assessor as the owner of said property.
“Liquor” means all beverages defined in RCW 66.04.200.
“Local Improvement District” means a financing method that is authorized by RCW Chapters
35.43 - 35.53 to make municipal improvements whereby the legal property owners who
benefitted must repay the cost of the improvements to the City over a period of years.
“Lot” means a fractional part of real property, within the boundaries of a recorded plat,
having fixed boundaries, being of sufficient area and dimension to meet requirements in the
MLUDC for lot width, lot depth, and lot area and capable of being used under the
regulations of the City, including both the building site and all required yards and open
spaces .
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“Lot, Corner” means any lot which is located at the intersection of two (2) or more streets.
The shorter street frontage of such a lot shall constitute the front of the lot.
“Lot, Depth” means the horizontal distance between the front and rear property lines
measured in the mean direction of the side property lines.
“Lot, Flag” means a lot that has a narrow strip (the "pole") connecting the main body (the
"flag") to a public street. The pole is driveway and does not meet the minimum street
frontage requirements. The pole is not included in the lot size calculation for zoning and
building purposes.
“Lot, Inside” means a lot other than a corner lot.
“Lot, Irregular” means a lot which is neither in the shape of a rectangle or a square.
“Lot, Parcel” means a fractional part of a binding site plan having fixed boundaries.
“Lot, Tract” means a fractional part of divided land having fixed boundaries with a specified
function with or without frontage that is not a building lot for the purpose of development
outside the specified function (examples, stormwater control, utility, parks, or other uses for
recreational purposes). Tract may be any area and configuration that supports the specified
function and may not be used for any other purpose.
“Lot, Through” means a lot which has frontage on two (2) parallel or approximately parallel
streets, or a lot that has a body of water or other natural barrier at the rear of the property
which is parallel to the street.
“Lot, Width” means the horizontal distance between the side property lines measured at
right angles to the depth at a point which is the required minimum building setback line in
that zone in which the lot is located.
“Lowest Floor” means the lowest floor of the lowest enclosed area (including basement). An
unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access
or storage, in an area other than a basement area, is not considered a building’s lowest
floor, provided that such enclosure is not built so as to render the structure in violation of
the applicable non-elevation design requirements.
15.105.013 M Definitions.
“Maintain” means to preserve and care for a structure, improvement, or area to such an
extent that it remains attractive, safe, and presentable and carries out the purpose for
which it was installed or constructed.
“Maintenance Bond” means a form of security or surety, provided by the Applicant and
approved by the City Attorney, that guarantees improvements after acceptance by City
Council.
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“Makerspace/Incubator Space” means workspace created to offer startups and new
ventures access to the resources within a single structure which is a temporary space for
new businesses, with the expectation that business will expand and move out within two
years.
“Manufactured Home” means a structure, transportable in one (1) or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent
foundation when connected to the required utilities and built in accordance with regulations
adopted under the National Manufactured Housing Construction and Safety Act of 1974 (42
U.S.C. 5401 et seq.). A commercial coach, recreational vehicle, or motor home is not a
manufactured home. For flood plain management purposes the term “manufactured home”
also includes park trailers, travel trailers, and other similar vehicles placed on a site for
greater than one hundred eighty (180) consecutive days. For insurance purposes the term
“manufactured home” does not include park trailers, travel trailers, and other similar
vehicles.
“Marijuana or Marihuana” means, as defined in RCW 69.50.101, all parts of the plant
Cannabis, whether growing or not, with a THC concentration greater than three-tenths
percent (0.3%) on a dry weight basis; the seeds thereof; the resin extracted from any part of
the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination.
“Marijuana Processor” means, as defined in RCW 69.50.101, a person licensed by the State
Liquor and Cannabis Board to process marijuana into useable marijuana and marijuana-
infused products, package and label useable marijuana and marijuana-infused products for
the sale in retail outlets, and sell useable marijuana and marijuana-infused products at
wholesale to marijuana retailers.
“Marijuana Producer” means, as defined in RCW 69.50.101, a person licensed by the State
Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana
processors and other licensed marijuana producers.
“Marijuana Production, Processing, and Retail Sales” means any reference to marijuana
production, processing and retail sales shall refer only to recreational marijuana production,
processing and retail sales.
“Marijuana Retailer” means, as defined in RCW 69.50.101, a person licensed by the State
Liquor and Cannabis Board to sell useable marijuana and marijuana-infused products in a
retail outlet.
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“Marijuana-infused Products” means, as defined in RCW 69.50.101, products that contain
marijuana or marijuana extracts, are intended for human use, and have a THC concentration
greater than three-tenths percent (0.3%) and no greater than sixty percent (60%). The term
“marijuana-infused products” does not include either useable marijuana or marijuana
concentrates.
“May” means a permissive condition approved at the discretion of the Community
Development Director, Plat Administrator, Public Works Director, Hearing Examiner, or City
Council as allowed by the MLUDC.
“Micro (Tiny) Homes” means detached dwelling unit no larger than 400 square feet.
“Mineral Lands” means lands that are not already characterized by urban growth and are of
long-term commercial significance for the extraction of aggregate and mine resources,
including sand, gravel, and valuable metallic substances.
“Miniature Golf Course” means an informal version of golf played on a series of short
constructed obstacle courses.
“Mitigation (work wetland purposes)” means to avoid, minimize, or compensate for adverse
wetland impacts.
“Mixed Use” means a structure or multiple structure development that allows for two or
more different land uses within such structure or development. Mixed Use developments
can be either vertical or horizontally mixed, and could include employment uses such as
office, retail, and/or lodging along with higher-density residential uses, and in some cases,
community or cultural facilities.
“Mobile Home” means a factory built residential structure constructed prior to June 15,
1976, and not in compliance with the National Manufactured Housing Construction and
Safety Standards Act of 1974 (HUD Code).
“Modular Homes” means dwelling units that have parts that are manufactured in a factory
and assembled or placed on the site.
“Modulation, Architecture” means a design approach that subdivides a system into smaller
parts. A modular system is characterized by functional partitioning into discrete scalable and
reusable modules, rigorous use of well-defined modular interfaces, and making use of
industry standards for interfaces. Together, articulation and modulation and their interval
create a sense of building scale.
“Monopole Tower” means a vertical support structure consisting of a single vertical metal,
concrete or wooden pole, typically round or square, and driven into the ground or attached
to a foundation.
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“Moses Lake” means the body of water named Moses Lake along with all associated ponds,
wetlands and tributaries, and the waters of the state, unless the usage of the phrase is
clearly tied to the Moses Lake City Council, the City of Moses Lake, the Moses Lake
Municipal Code, MLUDC, or the Port of Moses Lake.
“Moses Lake Municipal Code” “MLMC” means the municipal code of the City of Moses Lake.
“Moses Lake Unified Development Code” “MLUDC” means Title 15 of the MLMC.
“Motel” See “Hotel.”
“Motor Vehicle Wash” means facilities for the washing of passenger cars and light trucks as
either a principal use or accessory to fueling stations, convenience stores or similar
permitted uses.
“Movie Theatre” means an enclosed building or drive-in facility used for presenting, for
commercial purposes, motion pictures, films, video cassettes, or any other such material,.
“Mulch” means material (such as decaying leaves, bark, or compost) spread around or over
a plant to enrich or insulate the soil. Decorative rock is considered mulch.
“Multiple-Building Complex” means a group of structures housing two or more retail, office,
or commercial uses sharing the same lot, access, or parking facilities, or a coordinated site
plan. Each multiple-building complex shall be considered a single use.
“Multiple-Tenant Building” means a single structure housing two or more retail, office, or
commercial uses sharing the same lot, access, or parking facilities, or a coordinated site
plan. Each multiple-building complex shall be considered a single use.
15.105.014 N Definitions.
“National Fire Protection Association Standards” means codes, standards, and
recommended practices for fire and life safety as published by the National Fire Protection
Association.
“New Construction” means structures for which the “start of construction” commenced on
or after the effective date of the MLUDC.
“NFPA” means the National Fire Protection Association.
“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.
“Nonprofit Corporation” means an organization that does not distribute its surplus funds to
owners or shareholders, but instead uses them to help pursue its goals, and that is certified
by the Secretary of State of the State of Washington as a nonprofit corporation. The term
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“nonprofit corporation,” as used herein, does not refer to an organization’s federal tax code
status.
“Non-Residential Property” shall mean all properties that are billed as commercial accounts
per Chapter 13.12 MLMC.
“Non-Stormwater” means discharge to a stormwater system that is not composed entirely
of stormwater.
“Nursery or Greenhouse, Wholesale“ means a place where young plants and trees are
grown for sale or for planting elsewhere.
15.105.015 O Definitions.
“Office, General” means buildings from which professional, administrative, financial, clerical,
brokering, real estate, and limited technical services are provided. The phrase includes, but
is not limited to, the following types of businesses:
•Accounting, auditing and bookkeeping;
•Advertising and graphic design (but not mailing services, which are classified as
“business services”);
•Architectural, engineering, and surveying services;
•Attorneys and court reporters;
•Banks, savings and loans, credit agencies, and investment companies;
•Brokering of motor vehicles, commodities, and other items where the thing
brokered is not stored on-site for any length of time;
•Business incubators (unless the businesses being incubated are classified as another
type of use, such as light industry);
•Computer programming and data recovery services;
•Corporate headquarters;
•Data processing and word processing services;
•Detective agencies;
•Government offices;
•Insurance;
•Interior design;
•Real estate sales and off-site rental offices;
•Research and development (not including on-site manufacturing or fabrication, and
not including marijuana uses);
•Retail catalog, internet, and telephone order processing, but not warehousing; and
•Virtual office service
“Office, Medical” means office space used for the examination or treatment of patients on
an outpatient basis (with no overnight stays by patients), generally by appointment. The
phrase "Medical Office" includes medical laboratories to the extent necessary to carry out
diagnostic services for the medical office's patients. The phrase includes, but is not limited
to, the following types of businesses:
•Chiropractors, licensed massage therapists, and acupuncturists;
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•Dentists;
•Medical doctors (physicians, pediatricians, obstetricians, gynecologists, radiologists,
geriatricians, general and specialist surgeons, podiatrists, ophthalmologists,
anesthesiologists, etc.);
•Midwives;
•Nutritionists and homeopaths;
•Optometrists;
•Occupational therapists, physical therapists, or speech therapists;
•Psychiatrists, clinical psychologists, clinical social workers, and marriage and family
therapists;
•Physiatrists, physiotherapists, orthotics, prosthetics, recreational therapists,
audiologists, respiratory therapists, rehabilitation counselors, prosthetic technicians,
and personal care assistants; and
•Other comparable health care professionals.
“Office, Personal Services” See “Personal Services Uses.”
“Official Sign or Legal Notice” means an official sign or legal notice issued by a court, public
agency, or as authorized by law or federal, county, or City authority.
“Outdoor Commercial Recreation or Amusement” means establishments engaged in
providing amusement or entertainment for a fee or admission charge, including but not
limited to activities such as racetracks, golf courses, amusement parks, amusement and
bathing beaches, riding academies, carnival operations, ball fields, play fields, skate parks,
horse shows, marinas, yacht clubs, BMX courses, paintball, golf driving ranges, and coasters.
“Outdoor Stadium, Arena, Amphitheatre, or Drive-In Theater” means a sports arena with
tiers of seats for spectators.
“Outdoors” means any location that is not indoors within a fully enclosed and secure
structure as defined herein.
“Out-of-Kind Mitigation” means to replace wetlands whose characteristics do not closely
approximate those destroyed or degraded by a regulated activity.
“Owner” See Property Owner.
15.105.016 P Definitions.
“Park” means an area of land that is owned or controlled by the City, that is set aside or
maintained by the City, and is used for recreation and relaxation of the public.
“Park Structure” means all rocks, buildings, cages, pens, monuments, signs, fences, benches,
structures, apparatus, equipment, or other park property.
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“Parking Aisle” means an off-street space used for or designated for the parking of motor
vehicles, together with the area required to provide reasonable access to and from each
space.
“Parking Lot” means any area of land, a yard or other open space area, used for or
designated for the parking of motor vehicles. and the temporary storage of automobiles or
other motorized vehicles.
“Parking Space” means a space of a size adequate to temporarily park a motor vehicle which
has access to a public street or alley.
“Parks, Recreation and Cultural Services Director” means the Parks, Recreation and Cultural
Services Director of the City of Moses Lake or the Parks, Recreation and Cultural Services
Director’s designated representative.
“Paved” means a hard surfaced area of Portland cement or asphaltic concrete with a base
approved by the City Engineer.
“Paver District” means the area of the City that is bounded by the center of Pioneer Way
from Fifth Avenue to Chestnut Street; the northwest side of Broadway Avenue from
Chestnut Street to Dogwood Street; the center of Dogwood Street from Broadway Avenue
to Fourth Avenue; the southeast side of Fourth Avenue from Dogwood Street to Balsam
Street; the center of Balsam Street from Fourth Avenue to Fifth Avenue; the northwest side
of Fifth Avenue from Balsam Street to Pioneer Way; and the area on the southwest half of
Ash Street from Fourth Avenue extending one hundred fifty feet (150') southeast. Detail A-1
of the Community Street and Utility Standards depicts the Paver District Boundaries and is
incorporated by reference and made part of this definition.
“Pedestrian Path” means a path that provides unobstructed pedestrian access between
existing sidewalks and activity trails through mid-block right-of-way.
“Performance Bond” means any security or surety bond approved by the City Attorney as a
guarantee that required improvements will be satisfactorily completed within a specified
period of time.
“Permanent Erosion Control” means continuous on-site and off-site control measures that
are needed to control conveyance or deposition of earth, turbidity, or pollutants after
development, construction, or restoration.
“Permanent Residential Occupancy” means multi-unit housing that provides either rental or
owner occupancy on a non-transient basis. This includes owner-occupied or rental
accommodation that is leased for a period of at least one (1) month. This excludes hotels
and motels that predominantly offer rental accommodation on a daily or weekly basis.
Part 15.100 Administration Page 32 of 57
“Permittee” means a person, firm, or corporation that has obtained a permit from the City
in accordance with the respective section of the MLUDC.
“Permitted Use” means any use authorized or permitted alone or in conjunction with
another use in a specified district and subject to the limitations of the regulations of such
use district.
“Person” means any individual, partnership, corporation, trust, incorporated or
unincorporated association, marital community, joint venture, governmental entity, or
other entity or group of persons however organized.
“Personal Services Use, Office” means a business that is engaged in the provision of
informational, instructional, personal improvement, personal care, or similar services within
an enclosed building, including but not limited to:
•Art or music schools;
•Beauty and barber shops;
•Boxing or kickboxing instruction;
•Cooking instruction;
•Driving schools;
•Fitness centers;
•Handicraft or hobby instruction;
•Laundry and dry-cleaning retail outlets;
•Martial arts instruction;
•Portrait shops or photography studios;
•Shoe repair;
•Swim instruction;
•Tailor/alterations shops; or
•Yoga instruction.
“Picnic Areas” means areas in City parks that are designated as picnic areas by the Parks,
Recreation and Cultural Services Director.
“Place of Assembly” means a building, portion of a building, or property in which people
assemble for civic, educational, religious, social, or cultural purposes. This use includes
facilities used for worship and accessory celebratory events; meeting halls; event centers;
fraternal organizations; outdoor assembly areas; and private clubs.
“Planning Commission” means the body created pursuant to MLMC Section 2.08.710.
“Plantlife” means all trees, plants, shrubs, vegetation, and all of their living or decaying
parts.
“Plat” means a map or representation of a subdivision.
Part 15.100 Administration Page 33 of 57
“Plat Administrator” means the Community Development Director or the Community
Development Director’s designee charged with administering land development regulations.
“Potential Discharge to Moses Lake” means stormwater that might discharge from the
property into Moses Lake or the City’s stormwater system that discharges to Moses Lake;
and includes areas where debris is tracked out into the right-of-way and might enter Moses
Lake or the City’s stormwater system that discharges to Moses Lake.
“Pre-Application Meeting” means an informal meeting where the Applicant introduces the
general idea of a proposed subdivision, binding site plan, or other development to City staff.
“Precision Instrument Runway” means a runway having and existing instrument approach
procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR).
It also a runway for which a precision approach system is planned and is so indicated on an
approved airport layout plan or any other planning document.
“Preliminary Plat” means a dimensional drawing of a proposed subdivision that
accompanies an application for a preliminary subdivision and shows the proposed layout of
dedications, lots, blocks, and other elements of a proposed subdivision. The preliminary plat
shall be the basis for the approval or disapproval of the proposed layout of a subdivision.
“Primary Street” means a street classification as defined in the Community Street and Utility
Standards. The Community Street and Utility Standards includes a list of all primary streets
in the City. Primary streets are arterial streets that carry the majority of traffic that enters
and exits urban areas and that carry the majority of through traffic. Primary streets have
either fully-controlled or partially-controlled accesses. Primary streets include interstate
highways, state highways, and other specific streets as listed in the Community Street and
Utility Standards.
“Primary Surface” means a surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface, the primary surface extends two hundred (200) feet
beyond each end of the runway; for military runways or when the runway has no specially
prepared hard surface, or planned hard surface, the primary surface ends at each end of
that runway. The elevation of any point on the primary surface is the same as the elevation
of the nearest point on the runway centerline.
“Professional Engineer” means an individual licensed in the State of Washington to practice
engineering in accordance with the provisions of state law.
“Property Line, Front” means the line separating the street from the front of the lot as
shown on the official recorded plat of the property, and as modified by any subsequent
vacation, condemnation, or conveyance for public purposes. In the case of unplatted
property, a front line shall be designated by the Building Official before issuance of a
building permit. A through lot shall be considered to have a front property line on each of
the opposite streets upon which the lot abuts.
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“Property Line, Rear” means the lot line opposite and most distant from the front lot line. In
the case of triangular or otherwise irregularly shaped lots, a line ten feet (10') in length
entirely within the lot, parallel to and at a maximum distance from the front lot line.
“Property Line, Side” means any lot line other than a front or rear lot line.
“Property Owner” means the property owner of record according to the Grant County
Assessor’s Office and includes all part owners, joint owners, tenants in common, joint
tenants, and tenants by the entirety, of the whole, or a part of such building or land.
“Public Nuisance” means nuisances that are defined and enforced in Chapter 8.14 MLMC.
“Public Place” means all dedicated rights-of-way, municipal easements, and properties that
are deeded to the City of Moses Lake.
“Public Utility” means a privately or publicly owned and operated business whose services
are so essential to the general public as to justify the granting of a franchise by the City.
“Public Works Director” means the designated City employee responsible for overseeing the
Public Works Department of the City of Moses Lake, or the Public Works Director’s
designee.
15.105.017 Q Definitions.
15.105.018 R Definitions.
“Recording” means the act of the Grant County Auditor to accept a document, place it in the
Grant County archives, and provide a unique auditor’s file number for said document.
“Recreational Park Trailer” means a trailer-type unit that is primarily designed to provide
temporary living quarters for recreational, camping, or seasonal use.
“Recreational Vehicle” means a vehicular type unit that is primarily designed as temporary
living quarters for recreational camping, travel, or seasonal use that either has its own
motive power or is mounted on or towed by another vehicle. Recreational vehicles include
camping trailers, fifth-wheel trailers, motorhomes, travel trailers, and truck campers. A
recreational vehicle that is sold or leased in the State of Washington is required to have
either a state-plan or self-certified insignia from the Washington State Department of Labor
and Industries that signifies compliance with Chapter 296-150R WAC and ANSI A119.2.
“Recreational Vehicle (RV) Park” means a tract or parcel of land within a major or short
subdivision which is divided according to an approved binding site plan, and has been
developed to rent or lease park spaces to guests.
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“Recreational Vehicle Park Space” means an improved plot of ground with a definite
boundary that is located within a recreational vehicle park for the set-up and temporary
occupancy of a recreational park trailer, recreational vehicle, or tent.
“Recycling Collection Center” means a collection point for small refuse items, such as bottles
and newspapers, located either in a container or a small structure.
“Rehabilitation Improvements” means modifications to existing structures, that are vacant
for twelve (12) months or longer, that are made to achieve a condition of substantial
compliance with existing building codes or modification to existing occupied structures
which increase the number of multi-family housing units.
“Rendering Plant” means a facility that converts waste animal tissue into stable, usable
materials. Rendering can refer to any processing of animal products into more useful
materials, or, more narrowly, to the rendering of whole animal fatty tissue into purified fats
like lard or tallow.
“Renumeration” means compensation, money, rent or other bargained for consideration
given in return for occupancy, possession, or use of real property.
“Residential Property” means all properties that are billed as residential accounts per
Chapter 13.12 MLMC.
“Residential Targeted Area” means an area within an urban center that has been designated
by the City Council as lacking sufficient, available, desirable, and convenient residential
housing to meet the needs of the public.
“Resource Extraction (minerals)” means the quarrying and mining of minerals or materials
including, but not limited to, surface mining of sand, gravel, and rock and the primary
reduction, treatment, and processing of minerals or materials together with the necessary
buildings, structures, apparatus, and appurtenances including rock crushing, washing,
sorting and asphalt mixing.
“Restaurant, Sit-Down” means a restaurant at which all food and drink is consumed on the
premises.
“Restaurant, Fast Food” means an establishment which offers quick food service which is
accomplished through a limited menu of items already prepared and held for service, or
prepared, fried, or griddled quickly, or heated in a device such as a microwave oven. Orders
are not generally taken at the customer’s table, and food is generally served in disposable
wrappings or containers. There is only limited table service.
“Restaurant, Take-Out” means a restaurant that offers a take-out service whereby food may
be consumed off the premises. A take-out restaurant may have seating facilities.
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“Restoration” means the re-establishment of a viable wetland from a previously filled or
degraded wetland site.
“Retail” means establishments engaged in selling merchandise for personal or household
consumption and rendering services incidental to the sale of the goods. Retail
establishments generally buy goods for resale and are engaged in activities to attract the
general public to buy. The establishment may process or manufacture some of its products
(such as a jeweler or bakery), but such processing or manufacturing is incidental or
subordinate to the selling activities.
“Right-of-Way” means land or real property, dedicated or deeded to the City, County, State,
or federal agencies, to be used for improvements, and for permitted public and private uses.
“Rough In Inspection” means an inspection performed by the Washington State Department
of Labor and Industries to approve the electrical work up to and including all junction boxes.
“Runway” means a defined area on an airport prepared for landing and takeoff of aircraft
along its length.
15.105.019 S Definitions.
“Sanitary Dumping Station” means a facility for receiving body waste and liquid waste that is
discharged from recreational park trailer and recreational vehicle holding tanks.
“Salvage Yard” means a lot, land or structure, or part thereof, used for the collecting,
storage and sale of waste paper, rags, scrap metal or discarded material; or for the
collecting, dismantling, storage, salvaging or sale of parts of machinery or vehicles not in
running condition.
“Scale” means the scale of a plat, site plan, or record of survey that is the proportion that
the map is drawn to with reference to the actual surveyed distances.
“School, Elementary and Secondary” means public or private institutions of learning having
a curriculum below the college level as required by the common school provisions of the
State of Washington.
“School, Pre” means an institution primarily engaged in academic instruction for children of
pre-kindergarten age.
“Security” means a performance bond, maintenance bond, covenant, or alternative
collateral provided by the Applicant to the City, and approved by the City Attorney, that
guarantees events will occur in accordance with the agreement attached to the security.
“Seismic Hazard Areas” means areas which are susceptible to severe damage from
earthquakes as a result of ground shaking, slope failure, settlement, or soil liquefaction.
Part 15.100 Administration Page 37 of 57
“Self-Storage/Mini-Storage” means a building for short term self-service storage of personal
goods and materials for a fee or rent.
“Service Area” means any area devoted to garbage or refuse containers, incinerators, the
shipping and receiving of commodities, or the parking of trucks or other large vehicles used
in the operation of an enterprise.
“Setback/Yard” means the distance between the property line and permitted building.
“Setback Line, Building” means the distance beyond which the footprint or foundation of
the building or structure shall not extend.
“Sexual Conduct” means any act of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration,
however slight;
2. Any penetration of the vagina or anus, however slight, by an object;
3. Any contact between persons, involving the sex organs of one person, whether
clothed or unclothed, and the mouth or anus of another, whether clothed or
unclothed;
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of
one person by another.
“Shall” means a mandatory condition. Where requirements are described with “shall,” the
requirements are mandatory.
“Short Plat” means a map or representation of a short subdivision.
“Short Term Rental” means the use of an approved vacation rental dwelling by any person
or group of persons who occupies or is entitled to occupy a dwelling unit for remuneration
for a period of less than thirty (30) calendar days, counting portions of days as full days, but
in no event for less than twenty-four (24) consecutive hours.
“Should” means an advisory condition. Where the word “should” is used, it is considered to
be advisable usage; recommended but not mandatory.
“Sidewalk, Municipal” means sidewalks constructed within the right-of-way, municipal
easement, or other public place for the use of the public.
“Sight Distance Triangle” means a sight triangle formed by measuring from the intersection
of the extended curb line or the traveled right-of-way (if no curbs exist) of the adjacent
street to a distance of fifty feet (50’) from the corner point. The third side of the triangle is
the straight line connecting the two (2) fifty foot (50’) sides. Within the area comprising the
triangle, no fence, shrub, or other physical obstruction higher than thirty-six inches (36”)
above the established street grade shall be permitted. Also known as a “Clearview Triangle.”
Part 15.100 Administration Page 38 of 57
“Sign” means letters, figures, symbols, or logos, with or without illumination, on any
medium, including its structural component parts, used or intended to attract attention to
the subject matter that identifies, advertises, or promotes a product, good, service, place,
person, firm, merchandise, point of sale, or business. A sign also includes any item attached
to sign structures, such as balloons, streamers, pennants, flags, inflatables, or similar devices
intended to attract attention.
“Sign Face” means one (1) dimension of a sign that contains the visual message.
“Sign Height” means the vertical distance as measured from finished grade at the base of a
sign or sign structure to the top of the sign.
“Sign Structure” means the horizontal and vertical support for a sign.
“Sign, Abandoned” means any sign located on property that is vacant and unoccupied for a
period of six months or more, or any sign which pertains to any occupant, business, or event
unrelated to the present occupant or use that is not an allowed off-premises sign.
Abandoned sign also includes signs that are broken, defaced, faded, rusted, peeled, or
otherwise deteriorated and are not repaired within thirty days after the City provides notice
of the condition.
“Sign, Architectural Appendage” means a building sign that is suspended from, attached to,
applied to, or part of an awning, marquee, false mansard, canopy, or similar projection from
the exterior walls of a building.
“Sign Area” means that area contained within a single continuous perimeter enclosing the
entire sign or sign cabinet, but excluding any support or framing structure that does not
convey a message.
“Sign, Banner” means any sign of lightweight fabric or similar material that is mounted to a
pole or building at one or more edges that is not a “flag” as defined herein.
“Sign, Billboard” means a large outdoor advertising sign containing a message, commercial
or otherwise, usually unrelated to the use or activity on the property on which the sign is
located or to any use or activity in the immediate area (such as is the case with an off-
premises sign) and which is customarily leased for commercial purposes.
“Sign, Building” means any sign that is attached or applied to, mounted on, suspended from,
painted on, or part of the exterior of a building or architectural appendage, including the
roof and facade.
“Sign, Cabinet” means the module or background containing the advertising message but
excluding sign supports, architectural framing, or other decorative features which contain
no written or advertising copy.
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“Sign, Carried” means a hand-held or carried sign held or carried by a person.
“Sign, Changeable Copy” means a sign that is designed to easily rotate or alternate
messages by mechanical. Examples of changeable copy signs are reader boards with
removable letters.
“Sign, Community” means a temporary sign that promotes, celebrates, or commemorates a
community event, public awareness, community service, holiday season, or similar public
function.
“Sign, Construction” means a temporary standing or portable sign that is nonilluminated. A
construction sign provides information about a construction project.
“Sign, Digital” means a changeable copy sign with LED (or other similar light source) text,
graphics or, symbols over a nonilluminated background.
“Sign, Directional (traffic)” means a sign which only identifies a business or activity and
directs traffic to that business or activity.
“Sign, Directory” means a sign that has space which is limited to the name, address, and
logo of the developed site and the names, addresses, and logos of several on-site
businesses, organizations, or facilities.
“Sign, Double-Face” means two (2) sign faces which are identical in size and message and
either are displayed back-to-back or within a thirty degree (30°) interior angle.
“Sign, Electronic” means an on-premises advertising sign having a signboard display that can
be changed by an electrical, electronic, or computerized process.
“Sign, Electrical” means a sign or sign structure in which electrical wiring, connections, or
fixtures are used as part of the sign proper
“Sign, Flag” means a piece of cloth, attached to a staff, with distinctive colors, patterns or
symbols.
“Sign, Flashing” means an electric sign or a portion thereof (except changing message
centers) which changes light intensity in a sudden transitory burst, or which switches on and
off in a constant pattern in which more than one-third of the nonconstant light source is off
at any one time.
“Sign, Freestanding” means any sign supported by one or more uprights, poles, or braces in
the ground.
“Sign, Freeway” means a freestanding sign designed and placed to attract the attention of
freeway traffic.
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“Sign Height” means the vertical distance measured from the grade below the sign or upper
surface of the nearest street curb, whichever permits the greatest height, to the highest
point of the sign.
“Sign, Home Occupation” means an on-site sign that advertises a home occupation.
“Sign, Off-Premises Directional” means an off-premises sign with directions to a particular
business.
“Sign, Off-Premises” means a sign advertising or promoting merchandise, service, goods, or
entertainment sold, produced, manufactured, or furnished at a place other than on the
property where the sign is located.
“Sign, On-Premises Directional” means a sign directing pedestrian or vehicular traffic to
parking, entrances, exits, service areas, or other on-site locations of a particular business.
“Sign, On-Premises Sign” means a sign incidental to a lawful use of the premises on which it
is located, advertising the business transacted, services rendered, goods sold, or products
produced on the premises or the name of the business or name of the person, firm, or
corporation occupying the premises.
“Sign, Permanent” means a sign constructed of weather resistant material and intended for
permanent use and that does not otherwise meet the definition of “temporary sign” or fall
under any other provision of the sign code.
“Sign, Portable” means a sign made of wood, metal, plastic, or other durable material that is
not attached to the ground or a structure. This definition includes sandwich boards, and
portable reader boards if placed on private property. This definition also includes trailered
signs. Signs placed on public or street right-of-way, including public sidewalks, require
review under Chapter 12.14 MLMC.
“Sign, Projecting” means a sign, other than a wall sign, that is attached to and projects from
a structure or building face.
“Sign, Roof” means any sign erected or constructed as an integral part or is essentially part
of a normal roof structure of any building design, where any portion of the face of which is
situated above the roof line to which it is attached, and which is wholly or partially
supported by said building.
“Sign Setback” means the horizontal distance from the property line to the nearest edge of
the sign cabinet or sign.
“Sign, Temporary” means any sign; poster; placard; stake sign or sign not placed in the
ground with concrete or other means to provide permanent support, stability, or rot
prevention; banner; pennant; valance; or advertising display constructed of cloth, paper,
Part 15.100 Administration Page 41 of 57
canvas, cardboard, or other light nondurable materials used temporarily and is not
permanently mounted, painted, or otherwise affixed to a permanent structure or building.
Temporary signs may only be made of nondurable materials including, but not limited to,
paper, corrugated board, flexible plastics, foamcore board, or signs painted with water
soluble paints or chalks. Signs made of other materials shall be considered permanent and
are subject to the permanent sign regulations of the sign code.
“Sign, Trailered” means any sign located on or affixed to a trailer or vehicle normally
licensed by the state as a trailer, or any sign that has its own wheels, or is located on or
affixed to its own wheels, capable of being used to move the sign from location to location.
Trailered sign does not mean signs that are permanently or temporarily affixed to motor
vehicles other than trailers, such as passenger cars, trucks, or recreational vehicles.
“Sign, Wall” means any on-premises sign attached to or painted directly on, or erected
against and parallel to, the wall, façade, or fascia of a building.
“Sign, Wayfinding” means an off-premises sign that is part of a City-sponsored and
coordinated program for the purpose of facilitating vehicular tourist and pedestrian traffic
to local tourist destinations.
“Sign, Window” means any sign, pictures, symbol, or combination thereof, designed to
communicate information about a business, person, product, event, sale, or service, placed
inside a window or upon the window panes or glass and visible from the exterior of the
window.
“Significant Impact” means a meaningful change or recognizable effect to the ecological
function and value of a wetland, which is noticeable or measurable, resulting in a loss of
wetland function and value.
“Site” means either:
1. A parcel of unplatted land, a parcel in a binding site plan, a tract, or a lot in a
subdivision; or
2. Two (2) or more contiguous parcels, tracts, or lots under one (1) ownership without
intervening right-of-way and identified or delineated as one (1) development site; or
3. Two (2) or more contiguous parcels, tracts, or lots under different ownership,
without intervening right-of-way, and identified or delineated as one (1)
development site.
“Site Plan” means a drawing that depicts all proposed and existing improvements and land
conditions.
“Slaughterhouse” means a place where animals are slaughtered for food.
“Sleeping Shelter” means a structure that is used for the purpose of sleeping by indigent
persons on a temporary basis.
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“Slope” means an inclined ground surface, the inclination of which is expressed as a ratio or
percentage. The percentage is determined by the following formula:
“Skating Rink” See Indoor Amusement, Recreation and Entertainment
“Small Cell Wireless Facility” means a wireless communications facility where each antenna
is located inside an enclosure of no more than three (3) cubic feet in volume, or, in the case
of an antenna that has exposed elements, the antenna and all of its exposed elements could
fit within an imaginary enclosure of no more than three (3) cubic feet; and all other
associated wireless equipment is not larger than twenty-eight (28) cubic feet in volume.
“Small Satellite Dish” means a satellite dish with a diameter of one meter or less in all zones.
“Special Hazard District Development” means the construction or alteration of structures,
dredging, dumping, filling, or removal of earth of any temporary or permanent nature
“Species of Local Importance” means a species of animal which are of local concern due to
their population status or their sensitivity to habitat manipulation. This term also includes
game species.
“Specific Anatomical Areas” means less than completely or opaquely covered: human
genitals, pubic hair, vulva; buttocks, anus; and female breasts below a point immediately
above the top of the areola; and human male genitals in a discernibly turgid state, even if
completely or opaquely covered.
“Specified Sexual Activities” means human genitals in a state of sexual stimulation or
arousal; acts of human masturbation, sexual intercourse, or sodomy; or fondling or other
erotic touching of human genitals, pubic region, buttocks, or female breast.
“Stacked Flats” mean dwelling units in a residential building of no more than two stories on
a residential zoned lot in which each floor may be separately rented or owned.
“Stealth” means the design and technology that minimizes the aesthetic and visual impact
of wireless communication facilities by camouflaging, disguising, screening, architecturally
integrating, and/or the incorporation of colors and design features to blend into the
surrounding environment.
“Start of Construction” means substantial improvement, and the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, placement, or
other improvement was within one hundred eighty (180) days of the permit date. The actual
start either the first placement of permanent construction of a structure on a site, such as
the pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing,
grading, and filling; nor does it include the installation of streets and/or walkways; nor does
Part 15.100 Administration Page 43 of 57
it include excavation for a basement, footings, piers, or foundation or the erection of
temporary forms; nor does it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not part of the main structure.
For substantial improvements, the start of construction the first alteration of any wall,
ceiling, floor, or other structural part of the building, whether or not that alteration affects
the external dimensions of the building.
“Storage” means the keeping of a quantity of goods, merchandise, or other materials in a
manner or location which will require them to be rearranged or relocated before use or
retail sales of the goods, merchandise, or other materials .
“Storage Yard” means a location for outdoor storage of: operable equipment and materials
for off-site processing, construction projects, or right-of-way maintenance; and / or
recreational vehicles, boats, trucks, commercial vehicles, and passenger vehicles. A storage
yard may include an accessory office or caretaker facility. The phrase "storage yard" does
not include storage of wrecked or inoperable vehicles (see salvage yard) and accessory
outdoor storage.
“Storage, Dangerous Waste” means the holding of dangerous waste for a temporary period.
Accumulation of dangerous waste by the generator on the site of generation is not storage
as long as the generator complies with the applicable requirements of WAC 173-303-200
and 173-303-201.
“Stormwater Fee” means the service charge established under Title 13 MLMC for parcels of
real property to fund the costs of stormwater management and for operating, maintaining
and improving the City’s stormwater system.
“Stormwater System” means all the pipes, swales, ditches, culverts, street gutters,
detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins,
oil/water separators, biofiltration swales, outfalls, underground injection wells, and other
items for conveying, treating, or containing stormwater and non-stormwater.
“Stormwater Utility” means the stormwater utility, created by Chapter 13.03 MLMC.
“Story” means that portion of a building included between the surface of any floor and the
surface of the floor next above it, or, if there is no floor above it, then the space between
such floor and the ceiling next above it. Any portion of a building exceeding fourteen feet
(14') in height shall be considered as an additional story for each fourteen feet (14') or major
fraction thereof. If the finished floor level directly above the basement or cellar is more than
six feet (6') above grade such basement or cellar shall be considered a story.
“Street” means a public right-of-way which provides the primary of access to the abutting
property.
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“Street and Utility Construction Bond” means a performance and maintenance bond that is
provided to the City, on forms that are provided by the City, in an amount stipulated by the
City of at least ten thousand dollars ($10,000), that guarantees completion of work
authorized by a Street and Utility Construction Permit, and that provides for a two (2) year
maintenance bond for the work that is authorized by a Street and Utility Construction
Permit.
“Street and Utility Construction Permit” means a permit that authorizes the permittee to
install, remove, replace, or repair existing or proposed municipal improvements.
“Street Frontage” means the length in feet of a property line(s) or lot line(s) bordering a
public street. For corner lots, each street-side property line shall be a separate street
frontage. The frontage for a single use or development on two or more lots shall be the sum
of the individual lot frontages.
“Street, Municipal” means a municipal roadway that is provided for the benefit of the public
within dedicated right-of-way, City-owned property, or municipal easements.
“Street, Private” means a way that is privately built and maintained which affords the
primary of access to a planned development district, manufactured or mobile home park,
or recreational vehicle park.
“Structural Alteration” means any change in the supporting members of a building such as
bearing walls, columns, beams, girders, floor joints, ceiling joists, or roof rafters.
“Structure” means a combination of materials constructed and erected permanently on or
under the ground or attached to something having a permanent location on or under the
ground. Not included are residential fences, retaining walls less than thirty (30) inches in
height, rockeries less than thirty (30) inches in height and similar improvements of a minor
character. For the purposes of this definition, regulations for the Shoreline Master Program,
a different definition applies.
“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.
“Subdivider” means a person, firm, or corporation that undertakes to create a short or
major subdivision
“Subdivision” means either a “short subdivision” or “major subdivision,” depending on the
context.
“Subdivision Bond” means a surety or other security bond that is provided by the Applicant
and approved by the City Attorney that guarantees that certain improvements will be
completed within a specific period of time.
Part 15.100 Administration Page 45 of 57
“Subdivision, Major” means the division or redivision of land, for the purpose of sale, lease,
or transfer of ownership. Major subdivisions are required whenever the subdivision consists
of ten (10) or more lots, or includes lands that have been subdivided by a short subdivision
within the previous five (5) years.
“Subdivision, Short” means the division or redivision of land into nine (9) or fewer lots,
tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
“Substantial Damage” means damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed fifty
percent (50%) of the market value of the structure before the damage occurred.
“Substantial Improvement” means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the
structure either before the improvement or repair is started, or, if the structure has been
damaged and is being restored, before the damage occurred. For the purpose of this
definition, substantial improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences, whether or not that
alteration affects the external dimensions of the structure. The term does not, however,
include either:
“Substrate” means the soil, sediment, decomposing organic matter, or combination, located
on the bottom surface of the wetland.
15.105.020 T Definitions.
“Tent” means a confined space, collapsible, light-weight shelter that is set up for recreation
or vacation purposes.
“Townhouse” means a multi-story dwelling which is attached to one or more similar houses
by shared walls
“Traffic Control Sign” means any permanent or temporary traffic control, traffic signal, or
construction sign that is subject to: (1) the latest edition of the Standard Specifications for
Road, Bridge, and Municipal Construction as published by the Washington State Department
of Transportation in conjunction with the Washington State Chapter of the American Public
Works Association, as amended by the City of Moses Lake Community Street and Utility
Standards; and (2) the Manual on Uniform Traffic Control Devices.
“Transitional Housing” means temporary housing provided to transitional persons for a
period of thirty-one (31) calendar days to twenty-four (24) months by nonprofit
organizations, public housing authorities, establishments of religion, or other organizations
or partnerships formed to promote public welfare, for the purpose of facilitating movement
of said persons to independent living.
Part 15.100 Administration Page 46 of 57
“Transitional Person” means an adult or child who lacks a fixed, regular, and adequate
nighttime residence. This definition excludes any persons who are abusing alcohol,
prescription drugs, or other controlled substances.
“Transitional Surfaces” means surfaces that extend outward at 90 degree angles to the
runway centerline and the runway centerline extended at a slope of seven feet (7')
horizontally for each foot vertically from the sides of the primary and approach surfaces to
where they intersect the horizontal and conical surfaces. Transitional surfaces for those
portions of the precision approach surfaces, which project through and beyond the limits of
the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of
the approach surface and at 90 degree angles to the extended runway centerline.
“Treatment (dangerous waste)” means treatment of dangerous waste shall be as defined in
state law.
“Tree” means a woody perennial plant, typically having a single stem or trunk growing to a
considerable height and bearing lateral branches at some distance from the ground.
“Turf Grass” means a type of grass that are for lawns, golf courses, sports fields, and
playgrounds. Turf grasses differ from the ornamental grass varieties in that they are thicker,
stronger, and grow in dense patches carpeting the ground. Ornamental grasses are typically
perennial and include the sedges (Cyperaceae), rushes (Juncaceae), restios (Restionaceae),
and cat-tails (Typhaceae).
15.105.021 U Definitions.
“Undeveloped Property” means property that is unaltered by the actions, construction, or
addition to such property by man, or addition to such property by man of impervious
groundcover, or physical manmade improvements, or conditions of any kind that change
the hydrology of the property or its soil from its natural state, so long as stormwater runoff
from said property causes no detriment to the City’s stormwater system.
“University or College, Vocational Schools” means an educational institution designed for
instruction, examination, or both, of students in many branches of advanced learning,
conferring degrees in various faculties, and often embodying colleges and similar
institutions and a school in which people learn how to do a job that requires special skills.
“Urban Center” means a compact, identifiable district containing several business
establishments, adequate public facilities, and a mixture of uses and activities, where
residents may obtain a variety of products and services.
“Useable Marijuana” means dried marijuana flowers. The term “useable marijuana” does
not include marijuana-infused products.
“Utilities, Local” means facilities and infrastructure provided by a public agency, utility
district, or franchise which convey essential services throughout a neighborhood area or
Part 15.100 Administration Page 47 of 57
within the community. These facilities include but are not limited to local water and
wastewater lines and pump stations, electrical distribution lines and substations, natural gas
distribution pipelines, local telecommunication facilities, and stormwater retention and
conveyance systems.
“Utilities, Regional” means facilities and infrastructure provided by a public agency, utility,
or franchise which convey essential services throughout the area beyond but including
Moses Lake. These facilities include but are not limited to regional water storage tanks,
reservoirs, and booster stations; wastewater interceptors, pump stations, and treatment
facilities; electrical transmission substations and lines one hundred fifteen (115) kV and
greater, regional natural gas pipelines and gate stations, and regional telecommunication
facilities.
“Utility Line” means pipe, conduit, cable, or other similar facility by which services are
conveyed to the public or individual recipients. Such services shall include, but are not
limited to, water supply, electric power, gas, and communications.
“Utility Runway” means a runway that is constructed for and intended to be used by
propeller driven aircraft of 12,500 pounds maximum gross weight and less.
15.105.022 V Definitions.
“Variance” means a grant of relief from development code requirements which permits
construction in a manner that would otherwise be prohibited by this ordinance.
“Veterinarian” means the offices of one or more licensed veterinarians, including operating
space, and space in which health care, pet grooming, or pet day care for animals are
provided.
“Vehicle” means motorized mechanical devices designed for movement by means of
wheels, skids, or runners of any kind, and specifically including all such automobiles, buses,
trucks, cars, vans, and motor homes even though they may be at any time immobilized in
any way for any period of time for whatever duration; and also including boats, other
motorized vessels, trailers, recreational vehicles, off road vehicles, and all terrain vehicles.
“Violation” means any violation by the owner or any occupant of any provision of the
MLUDC, any provision of the Moses Lake Municipal Code, or any violation of state law.
“Visual Runway” means a runway intended solely for the operation of aircraft using visual
approach procedures.
15.105.023 W Definitions.
“Waiver” means a permanent deviation that allows alterations to the requirements of the
Community Street and Utility Standards, the MLUDC, or the Moses Lake Municipal Code.
Part 15.100 Administration Page 48 of 57
“Warehousing” means the use of a building primarily for the long-term storage of goods and
materials .
“Wetland Buffer Zone” means a designated area contiguous or adjacent to a wetland that is
required for the continued maintenance, function, and structural stability of the wetland.
“Wetland Creation” means the producing or forming of a wetland through artificial from an
upland (non-wetland) site.
“Wetland Site” means any parcel or combination of contiguous parcels, or right-of-way or
combination of contiguous rights-of-way under the Applicant’s ownership or control where
the proposed project impacts a wetland(s).
“Wetland Specialist” means a person with a minimum of a four (4) year degree in wildlife
sciences, biology, environmental science, or an equivalent academic background who also
has experience in performing wetland delineations, analysis of wetland functions and values
and project impacts, and wetland mitigation and restoration techniques. The person must
be familiar with the approved federal Wetland Delineation Manual and applicable regional
supplements, the Washington State Wetland Rating System for Eastern Washington, and the
City of Moses Lake Wetlands Ordinance.
“Wetland(s)“ means areas that are inundated or saturated by surface water or ground water
at a frequency and duration sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not
include those artificial wetlands intentionally created from non-wetland sites, including but
not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities,
retention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or
those wetlands created after July 1, 1990, that were unintentionally created as a result of
the construction of a road, street, or highway. Wetlands may include those artificial
wetlands intentionally created from non-wetland areas to mitigate the conversion of
wetlands.
“Wheeler Corridor Heavy Industrial Area” means the area within City limits, located east of
Road L and zoned Heavy Industrial .
“Wholesale” means establishments primarily engaged in selling merchandise to retailers; to
industrial, commercial, institutional, farm, construction contractors, or professional business
users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or
selling merchandise to such persons or companies.
“Wildlife Biologist” means a person having a minimum of a Bachelor’s degree in wildlife
biology, wildlife science, wildlife ecology, wildlife management, or zoology.
Part 15.100 Administration Page 49 of 57
“Winery” means a facility designed for crushing, pressing, fermenting, bottling, and cellaring
wine for retail and wholesale purposes.
“Wireless Communication Facility” means an unstaffed facility for the transmission and/or
reception of radio frequency (RF), microwave or other signals for communication purposes,
typically consisting of an equipment enclosure, an antenna support structure or an
alternative antenna support structure, and one or more antennas.
“Wireless Communication Service” means providing or offering for rent, sale, lease, or in
exchange for other consideration, the transmittal and reception of voice, data, image,
graphic, and other information by the use of wireless communications facilities; this term
includes any personal wireless services as defined in the Telecommunications Act of 1996.
These include commercial mobile services, unlicensed wireless services, and common carrier
wireless exchange access services, and similar services that currently exist or that may in the
future be developed.
“Wireless Communication Service Provider” means every person or entity who provides
wireless communications service, for rent, sale, lease, or in exchange for other
consideration, through the use of wireless communications facilities, whether or not such
facilities are owned by or under the control of such person.
“Wireless Equipment Enclosure” means a small structure, shelter, cabinet, box or vault
designed for and used to house and protect the electronic equipment necessary and/or
desirable for processing wireless communications signals and data, including any provisions
for air conditioning, ventilation, or auxiliary electricity generators.
15.105.024 X Definitions.
15.105.025 Y Definitions.
“Yard” See Setback
“Yard, Front” means the required open space adjoining the front property line and
extending across the full width of the lot to a depth equal to the minimum permitted
horizontal distance between the front property line and any part of a building on the lot
save as elsewhere excepted in the MLUDC.
“Yard, Side” means the required open space adjoining the side property line and extending
from the required front yard to the required rear yard on inside lots, and to the rear
property line on corner lots along the side flanking a public street, or in the absence of such
required yards to the front or rear property lines, and having a width equal to the minimum
permitted horizontal distance between the side property line and any part of the main
building on the lot line.
“Yard, Rear” means the required open space adjoining the rear property line and extending
across the full width of the lot on inside lots, and from the side yard flanking a public street
Part 15.100 Administration Page 50 of 57
to the opposite side property line on corner lots and having a depth equal to the minimum
permitted horizontal distance between the rear property line and any part of the main
building on the lot, save as elsewhere excepted in the MLUDC.
15.105.026 Z Definitions.
“Zero Lot Line Home” means a residential dwelling in which the structure adjacent to side
property line.
“Zoning Administrator” means the Community Development Director or designee charged
with the administration and enforcement of the MLUDC.
“Zoning Ordinance”means the Zoning Ordinance of the City as codified in the MLUDC.
“Zoo” means an establishment which maintains a collection of wild animals, typically in a
park or gardens, for study, conservation, or display to the public.
Part 15.100 Administration Page 51 of 57
Chapter 15.110
MEASUREMENTS
Sections:
15.110.010 Density Calculations.
15.110.020 Setback Measurements.
15.110.030 Building Height Plane.
15.110.010 Density Calculations. Minimum and maximum density for an individual site shall be
calculated by multiplying the gross developable acreage by the applicable number of
dwelling units.
A. Fractions. When calculation results in a fraction, the fraction shall be rounded to the
nearest whole number as follows:
1. Fractions of 0.50 and above shall be rounded up.
2. Fractions below 0.50 shall be rounded down.
B. Calculations for Determining Minimum Density—Net Area. All site areas shall be used
in the calculation of minimum allowed residential density except:
1. Existing street rights-of-way, easements, or other areas reserved or dedicated for
public use (such as parks, open space, and stormwater retention facilities); and
2. Submerged lands.
3. At the time of subdivision, property used for new roadways, trails, stormwater
facilities, or other features used by residents may be counted as part of the site area
for density calculations. Property transferred to the City for the construction of
public roadways or other public features shall be counted as part of the site area if
the City and property owner reach such an agreement prior to and as part of the
transfer.
15.110.020 Setback Measurements.
A. Front Yard Setback. The front yard is measured from the street right-of-way or the edge
of a surface improvement (sidewalk) which extends beyond a right-of-way, whichever is
closer to the proposed structure, to a line parallel to and measured perpendicularly
from the street right-of-way or the edge of the surface improvement at the depth
prescribed for each zone. For dual frontage properties, the front yard is measured from
the street right-of-way that is the property's street address and primary access.
B. Side Yard Setback. The side yard setback is measured from the side lot line adjacent to
another private property to a line parallel to and measured perpendicularly from the
side lot lines at the depth prescribed for each zone.
C. Rear Yard Setback. The rear yard setback is measured from the rear lot line adjacent to
another private property or an alley to a line parallel to and measured perpendicularly
from the rear lot lines at the depth prescribed for each zone.
D. Corner Lots. For corner lots with two street frontages, setbacks from the addressed
street side shall conform to the front yard setback for the underlying zoning district. The
setbacks for the flanking side shall conform to the exterior side yard setbacks for the
underlying zoning district.
E. Pointed/Irregular Lot. For measurements on a pointed or irregular lot refer to definition
of lot line
Part 15.100 Administration Page 52 of 57
15.110.030 Building Height Plane.
A. Maximum Height. Any building or structure or portion thereof hereafter erected in any
use district shall not exceed the maximum height specified in the district, except as
provided in subsections C, D, and E of this section, or as enumerated elsewhere in the
MLUDC.
Part 15.100 Administration Page 53 of 57
B. Building Height. The building or structure height is the vertical distance above the
reference datum from the highest point of the structure except as provided in
subsection F of this section. The reference datum shall be selected by either of the
following, whichever yields a greater height of building:
1. Commercial Zoning Districts. The reference datum shall be measured from the
average grade level of the building perimeter, except as provided below and as
enumerated in subsections D and E of this section:
a. The reference datum for buildings, structures or multi-building complexes
located not more than ten (10) feet below the established sidewalk and/or road
right-of-way shall be measured from the reference datum of the highest
adjoining sidewalk or public road right-of-way to a maximum of ten (10) feet; or
b. The reference datum for buildings, structures or multi-building complexes
located more than ten (10) feet below the highest grade of an adjoining
sidewalk or road right-of-way shall be measured from the average distance
between the highest grade of the adjoining sidewalk or public road right-of-way
and the finished grade of the building perimeter to a maximum of twenty (20)
feet.
c. The height of a stepped or terraced building is the maximum height of any
segment of the building.
Part 15.100 Administration Page 54 of 57
2. Residential Zoning Districts. The reference datum shall be measured from the
average grade level of the building perimeter, except as provided in subsections D
and E of this section for multifamily and commercial buildings.
Part 15.100 Administration Page 55 of 57
3. “Average grade level” means the average of the natural or existing topography of
the lot, parcel, or tract of real property which will be directly under the proposed
building or structure. Calculation of the average grade level shall be made by
averaging the ground elevations at the midpoint of all exterior walls of the proposed
building or structure.
4. “Natural or existing topography” means the topography of the lot, parcel, or tract of
real property in its natural state immediately prior to any site preparation or
grading, including excavation or filling.
C. General Aviation. Buildings, structures, or objects proposed to be located within one
mile of a general aviation airport shall be reviewed to ensure they do not penetrate any
of the airspace surfaces on or near a general aviation airport and meet the Airport
Overlay standards. The review authority shall deny any building, structure or object that
is determined to penetrate or otherwise obstruct airspace surfaces.
D. Shoreline Master Program. The height of any buildings, structures or objects proposed
to be located within the jurisdiction of the shoreline master program shall be subject to
the height restrictions as prescribed by the applicable shoreline regulations.
E. Exemptions. The following types of structures or structural components are not subject
to the building height limitation of the MLUDC except the limitations on height as
outlined in subsections C, D, and E of this section:
1. Aerials, belfries, chimneys, church spires, fire and hose towers, flagpoles,
monuments, radio or television antennas, communication towers and associated
antennas, water towers, porticos, parapet walls, elevator shafts, and mechanical
systems; and
2. Other similar projections or architectural features that have no space able to be
occupied and do not directly or indirectly affect the use or occupancy of the primary
structure; and
3. Cupolas and domes that do not project higher than twenty percent (20%) of the
average height of the principal structure
Part 15.100 Administration Page 56 of 57
Chapter 15.120
GENERAL PROVISIONS
Sections:
15.120.010 Title.
15.120.020 Law of the City.
15.120.030 Severability and Validity.
15.120.040 Enforcement.
15.120.010 Title. This title shall be and may be cited as the Moses Lake Unified Development Code of
the City of Moses Lake Development Code of the City of Moses Lake, and shall be codified in
Title 15 of the Moses Lake Municipal Code. The Moses Lake Unified Development Code may
be cited by the abbreviation MLUDC.
15.120.020 Law of the City. The contents of the MLUDC shall be prima facie the law of a general and
permanent nature of the City of Moses Lake, State of Washington, and as such shall be
entitled to recognition by all administrative bodies and tribunals of the City, the State or any
of the political subdivisions or municipal corporations of the State, and by any court. Copies
of the MLUDC shall be received as the law of the City without further proof in all courts and
administrative tribunals of the county and State.
15.120.030 Severability and Validity. If any section, subsection, sentence, clause, or phrase of the
MLUDC is for any reason held by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remaining portions of the MLUDC. The City
Council of the City of Mose Lake hereby declares that should any section, paragraph,
sentence, or word of the MLUDC be declared for any reason to be void or unconstitutional,
on its face or as applied, it is hereby provided that all other parts of the same which are not
expressly held to be void or unconstitutional shall continue in full force and effect.
15.120.040 Enforcement. The applicable Department Director or designee has authority to enforce the
requirements of the MLUDC. Enforcement of the MLUDC shall proceed under the provisions
of Chapter 1.20 MLMC. Any approval, permit, certificate, or license issued in conflict with
the provisions of the MLUDC, intentionally or otherwise, may be suspended or revoked by
the Director. The Director and the City Attorney or designee may negotiate a settlement,
compromise, or otherwise dispose of an action when to do so would be in the best interest
of the City.
Part 15.100 Administration Page 57 of 57
Chapter 15.125
ADMINISTRATIVE CODE INTERPRETATIONS
Sections:
15.125.010 Responsibility.
15.125.020 Procedure.
15.125.030 Rules of Construction.
15.125.010 Responsibility. It shall be the responsibility of the Director to review and resolve any
questions regarding the proper interpretation or application of the provisions of the MLUDC
pursuant to the procedures set forth in this Chapter. The Director’s decision shall be in
keeping with the spirit and intent of the MLUDC and of the Comprehensive Plan. The
Director’s decision shall be in writing and kept on permanent file.
15.125.020 Procedure. Any person may request in writing the Director’s interpretation of a code
provision of the MLUDC when it pertains to a specific property or project by means of a
Type I application pursuant to MLUDC Part 15.200. The Director may independently initiate
an interpretation of any conflicting or unclear provisions of the MLUDC.
15.125.030 Rules of Construction.
A. Guiding Principles. In interpreting the MLUDC, the Director shall adhere to the following
rules of construction in interpreting and applying the Code:
1. Meaning. All words used in the MLUDC shall have their normal and customary
meaning, unless specifically defined in the MLUDC.
2. Tense. Words used in the present tense include the future tense.
3. Plural. The plural includes the singular and vice versa.
4. Mandatory. The words will and shall are mandatory.
5. Permissive. The word may is permissive.
6. Gender. The masculine gender includes the feminine and vice versa.
7. Context. In determining the meaning of a word as used in the Code, regard shall be
made for the context in which the word is used.
8. Specification. General terms which follow specific terms are limited to matters
similar to those specified.
9. Exclusion. Express mention of one thing implies exclusion of another.
10. Antecedent. A qualifying phrase refers back both grammatically and legally to the
last antecedent.
11. Conjunctions. The word “or” may include “and”.
12. Superfluous words. No clause or individual words of the Code should be deemed
superfluous.
13. Binding case law. Other applicable rules of construction employed by Washington
appellate courts in interpreting legislative enactments shall apply.
Part 15.200 LAND USE DECISIONS
Chapter 15.205 PERMIT REVIEW PROCESS TYPES
Chapter 15.210 PERMIT REVIEW PROCEDURES
Chapter 15.215 HEARINGS AND APPEALS
Chapter 15.220 ANNEXATIONS
Chapter 15.225 CONDITIONAL USE PERMITS
Chapter 15.230 DEVELOPMENT AGREEMENTS
Chapter 15.235 VARIANCES
Chapter 15.240 COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS
Chapter 15.245 AREA-WIDE AND SITE-SPECIFIC REZONES
Chapter 15.250 CONCURRENCY
Chapter 15.255 FIRE IMPACT FEES
Part 15.200 Land Use Decisions Page 2 of 53
Chapter 15.205
PERMIT REVIEW PROCESS TYPES
Sections:
15.205.010 Decision Types.
15.205.020 Assignment of Development Applications to Decision Type.
15.205.030 Permits Not Governed by Chapters 15.205 through 15.215.
15.205.040 Type I Applications: Administrative.
15.205.050 Type II Applications: Administrative with Notice.
15.205.060 Type III Applications: Quasi-Judicial.
15.205.070 Type IV Applications: Legislative.
15.205.010 Decision Types.
There are four types of decisions that may be made under the provisions of this Title. All
applications for land use and development activities within the City will be classified as one
of the following:
A. Type I – Administrative
B. Type II – Administrative with Notice
C. Type III – Quasi-Judicial
D. Type IV – Legislative
15.205.020 Assignment of Development Applications to Decision Type.
A. Assignment by Table. Land use and development applications shall be classified and
processed pursuant to their designation in Table 15.205.020 below:
Table 15.205.020 – Application and Permit Type
Type Land Use and Development Application MLUDC Cross-Reference
Administrative Variance 15.235.010
Boundary Line Adjustment or Lot Consolidation Chapter 15.315
Day Care I Chapter 15.605
Cargo Containers Chapter 15.610
Cryptocurrency Mining, Sever Farms, Data Centers Chapter 15.615
Fence Permit Chapter 15.725
Benign Nonconformity Chapter 15.730
Accessory Dwelling Unit 15.415.010
Commercial Grand Window Design Standard Variance 15.420.020
Landscape Plan 15.720.070
Lot of Record 15.305.020
Extension of Preliminary Subdivision Approval Term 15.310.040
Minor Alteration of Preliminary Subdivision 15.310.050
Binding Site Plan – Individual Lots 15.320.090
Conditional Use Permit – Minor Modification 15.225.060
Unified Development Code Interpretations Chapter 15.125
Critical Area Exemption Request 15.515.120
Critical Area Reasonable Use Request 15.515.050
Type I
Home Occupations (Level 1)Chapter 15.630
Part 15.200 Land Use Decisions Page 3 of 53
Small Cell Wireless Facilities Chapter 15.657
Final Plat 15.310.070
Critical Area Determination & Permit Chapter 15.515
Shoreline Exemption Chapter 15.550
Preliminary Short Subdivision 15.310.020
Non-Conforming Uses and Structures Chapter 15.730
Home Occupation (Level 2)Chapter 15.630
Emergency and Transitional Housing 15.415.050-.080
Live Work Units 15.420.040
Additional Extension of Preliminary Subdivision Approval Term 15.310.040
Vacation/Alteration of Approved Short Subdivision 15.310.160
Binding Site Plan Chapter 15.320
Critical Areas Development Permit (no hearing)Chapter 15.515
Type II
Short Term Rental Chapter 15.650
Critical Areas Development Permit (public hearing)Chapter 15.515
Day Care II Chapter 15.605
Vacation/Alteration of Approved Major Subdivision 15.310.160
Preliminary Major Subdivision 15.310.020
Conditional Use Permit Chapter 15.225
Conditional Use Permit – Major Modification 15.225.050
Quasi-Judicial Variance 15.235.020
Variance Chapter 15.235
Variance – Critical Areas Chapter 15.510
Shoreline Variance Chapter 15.550
Shoreline Substantial Development Permit Chapter 15.550
Shoreline Conditional Use Permit Chapter 15.550
Wireless Communication Facilities Chapter 15.655
Type III
Major Subdivision Plat Alteration 15.310.100
Comprehensive Plan Text or Map Amendments Chapter 15.240
Area-Wide Re-Zones or Map Amendments Chapter 15.245
Site-Specific Rezone Chapter 15.245
Development Regulations Amendments Chapter 15.240
Shoreline Master Program Amendments Chapter 15.550
Development Agreements Chapter 15.230
Essential Public Facilities Siting Chapter 15.625
Type IV
Annexations Chapter 15.220
Street Vacations 15.205.030(A)
Sidewalk Permits 15.205.030(A)
Special Event Permits 15.205.030(A)
SEPA Exempt Building or Construction Permits 15.205.030(B)
Exempt*
SEPA Exempt Administrative Approvals 15.205.030(B)
*Permits or other approvals exempt from the procedures set forth in MLUDC Chapter 15.205-15.215
are still subject to the applicable requirements of the Moses Lake Municipal Code.
Part 15.200 Land Use Decisions Page 4 of 53
B. Assignment by Director. Any application for development that is not defined or
assigned in Table 15.205.020 shall be assigned a type by the Director or designee based
on the most closely related application type. The Director may also determine that the
application is exempt from this Chapter. This determination is considered a Type I
Unified Development Code Interpretation decision.
C. Consolidated Process for Multiple Permits. In general, if a proposal requires multiple
permits with decisions of different types, the higher numbered process type applies to
the entire proposal. For more detailed information on consolidating permits, refer to
MLUDC 15.210.090.
D. SEPA Review. The SEPA review procedures codified in MLUDC Chapter 15.50, SEPA
Regulations, are supplemental and concurrent to the procedures set forth in this
Chapter.
15.205.030 Permits Not Governed by Chapters 15.205 through 15.215.
A. Street, Sidewalk, and Special Event Permits. The following permits or approvals are
specifically excluded from the provisions of Part 15.200 MLUDC:
1. Street Vacations are processed by the City’s Public Works Department under
Chapter 12.44 MLMC.
2. Sidewalk Use Permits are processed by Community Development under Title 12
MLMC.
3. Special Event Permits are processed by the Parks and Recreation Department under
Chapter 5.12 MLMC.
B. SEPA Exempt Permits. Building and other construction permits, or similar administrative
approvals, categorically exempt from environmental review under Chapter 43.21C RCW,
or for which environmental review has been completed in connection with other project
permits. SEPA Exempt Permits are subject to other approval requirements set forth in
the Moses Lake Municipal Code.
C. Other Exemptions. Certain other permits that are not listed here, nor in Table
15.205.020, or that will be created by the City in the future, may be exempt from the
provisions of this Chapter. The Director shall determine whether such a permit is
exempt or should be classified as a specific permit type to be processed under this
Chapter. See also MLUDC 15.205.020(B).
15.205.040 Type I Applications: Administrative.
A. In General. Type I applications and decisions are based on compliance with specific,
nondiscretionary, or technical standards that are clearly enumerated in code.
B. Notice. Type I applications are exempt from notice requirements.
C. Public Hearing. Type I applications do not require a public hearing.
D. Decision Maker. The decision maker for Type I applications is the Director, or designee.
Decisions by the Director on Type I applications are Final Decisions and must be in
writing which includes the issuance of the permit.
E. Where Appealed. Decisions by the Director on Type I Applications may be appealed to
the Hearing Examiner. See MLUDC 15.215.020.
Part 15.200 Land Use Decisions Page 5 of 53
15.205.050 Type II Applications: Administrative with Notice.
A. In General. Type II applications and decisions are based on compliance with specific,
mostly nondiscretionary, or technical standards that are enumerated in code. Some
criteria for approval may involve discretionary elements or may involve the
determination of site-specific conditions of approval necessary to meet code
requirements.
B. Notice. Type II applications are required to provide public notice in accordance with
MLUDC 15.210.050.
C. Public Hearing. Type II applications do not require a public hearing.
D. Decision Maker. The decision maker for Type II applications is the Director, or designee.
Decisions by the Director on Type II applications are Final Decisions and must be in
writing.
E. Where Appealed. Decisions by the Director on Type II Applications may be appealed to
the Hearing Examiner. See MLUDC 15.215.020.
15.205.060 Type III Applications: Quasi-Judicial.
A. In General. Type III applications and decisions are based on compliance with standards
and criteria that involve a greater use of discretionary judgment and application of
conditions of approval that are tailored to each specific application. Type III decisions
are made by the Hearing Examiner following an open record public hearing.
B. Notice. Type III applications are required to provide public notice in accordance with
MLUDC 15.210.050 and 15.210.060.
C. Public Hearing. Type III applications require a public hearing before the Hearing
Examiner.
D. Decision Maker. The decision maker for Type III applications is the Hearing Examiner.
Decisions by the Hearing Examiner are final actions that must be in writing, and shall
include written findings, conclusions, and conditions, if any. The Hearing Examiner may
approve, approve with modifications or conditions, or deny the Type III application. Any
decision by the Hearing Examiner on a shoreline variance or conditional use permit shall
be submitted to the Department of Ecology for final approval in accordance with the
Shoreline Management Act, Chapter 90.58 RCW.
E. Where Appealed. Decisions by the Hearing Examiner on Type III Applications may be
appealed to the Grant County Superior Court. Decisions on shoreline permits may be
appealed to the Washington State Shoreline Hearings Board. See MLUDC 15.215.030.
15.205.070 Type IV Applications: Legislative.
A. In General. Type IV applications and decisions are legislative or quasi-legislative in
nature, involving the creation, revision, application, or large-scale implementation of
public policy. Type IV decisions are made by the City Council, following a public hearing
before either the Planning Commission or the City Council, as designated.
B. Notice. Type IV applications are required to provide public notice in accordance with
state law, as well as any other requirements based on the specific application criteria.
C. Public Hearing. Type IV applications require a public hearing before the Planning
Commission or City Council, depending on the specific application type.
Part 15.200 Land Use Decisions Page 6 of 53
D. Decision Maker. The decision maker for Type IV applications is the City Council. Final
Decisions by the City Council must be formalized in writing.
E. Where Appealed. There is no administrative appeal of Type IV decisions, but certain
decisions may be appealed to the Washington State Growth Management Hearings
Board, Washington State Shoreline Hearings Board, or Grant County Superior Court. See
MLUDC 15.215.030.
F. Other Matters for City Council. Other matters that come before the City Council for
deliberation and decision as a legislative function are not subject to the requirements of
this Chapter. This Chapter and the requirements herein shall only apply to applications
that are considered a Type IV application and are specifically classified as such.
Part 15.200 Land Use Decisions Page 7 of 53
Chapter 15.210
PERMIT REVIEW PROCEDURES
Sections:
15.210.010 Development Application Requirements.
15.210.020 Pre-Application Conference.
15.210.030 Counter-Complete Determination and Acceptance of Applications.
15.210.040 Determination of Completeness.
15.210.050 Notice of Application.
15.210.060 Notice of Public Hearing.
15.210.070 Final Decisions and Notice of Decision.
15.210.080 Consolidated Permit Process.
15.210.010 Development Application Requirements.
A. In General. The requirements for any individual application for development within the
City may be found in this Code and forms that are provided by the Department. Any
contradiction or discrepancy shall be resolved by the discretion of the Director to apply
the more stringent criteria or requirement.
B. Application Forms Required. All applications shall be made on forms provided by the
Department, and only on those approved forms that are in use at the time of submittal.
The Director shall have the authority to modify the application forms.
C. Submittal Information. All applications shall include the information required in the
applicable provisions of this Code, as well as any other information or documentation
required by the Department. These requirements may be revised from time to time,
either through the formal amendment of the text within in this Code, or through the
discretionary revision of forms, checklists, and other document submittal requirements
the Department may establish for particular application types. See also, standards for
the determination of Counter-Complete in MLUDC 15.215.030.
D. Signature of Owner Required. All land use and development applications shall be signed
by the owner(s) of the property.
E. Fees Required. All land use and development applications shall be accompanied by the
fee applicable to the specific application type. Fee schedules are adopted by the City
Council and are available with the Department but may change from time to time. The
fee that applies shall be the required fee in place at the time an application could
otherwise be determined to be Counter-Complete per MLUDC 15.210.030.
F. Required Procedures by Application Type. The required procedural steps for
applications Type I -Administrative, Type II – Administrative with Notice, and Type III –
Quasi-Judicial are generally set forth in Table 15.210.010 below. Type IV applications are
processed according to the specific procedural and substantive requirements governing
each type of proposal, as well as the general requirements in MLUDC Chapter 15.210.
Part 15.200 Land Use Decisions Page 8 of 53
Table 15.210.010 – Procedural Requirements by Application Type
Application
Type
Pre-
Application
Conference
15.210.020
Counter-
Complete
Determination
15.210.030
Determination
of
Completeness
15.210.040
Notice
of
Application
15.210.050
Notice of
Public
Hearing
15.210.060
Final
Decision
and Notice
15.210.070
I O R R N/A N/A R
II R R R R N/A R
III R R R R R R
R = Required O = Optional N/A = Not Applicable
15.210.020 Pre-Application Conference.
A. In General. The purpose of a Pre-Application Conference is to provide the City and other
agency staff with a sufficient level of detail about the proposed development that
enables them to advise the Applicant about applicable Code provisions and other
requirements. Sharing of information between the Applicant and the City is intended to
identify opportunities for a successful application and generally to improve the quality
of development while reducing the time needed to review and complete the processing
of the application without substantial revisions or outright denials. However, the
conference is not intended to provide an exhaustive review of all the potential issues
and does not prevent the City from applying all relevant laws to the application.
B. When Required. Pre-Application Conferences are required for any intended Type II or
Type III permits, and for any requests for a Consolidated Permit Process of any types.
C. Pre-Application Waiver. The Director may waive the requirement for a Pre-Application
Conference if he or she determines that the impending proposal has few development
related issues, involve subsequent phases of an approved development activity, is
substantially similar to a prior proposal regarding the same property or property owner,
or for any other reason that is within the sound discretion of the Director.
D. Written Request Required. The Applicant must submit a completed Pre-Application
Conference request form provided by the City.
E. Fee Required; Deducted from Application Fee. A Pre-Application Conference requires
the payment of the applicable fee prior to the scheduling of the meeting. The Pre-
Application Conference fee shall be credited towards the total fee required for the
official submission of the underlying permit(s) if a permit application is submitted within
one year of the Pre-Application Conference.
F. Notice of Pre-Application Conference. Within fourteen (14) calendar days after receipt
of a written request for a Pre-Application Conference, the City shall mail a written notice
to the Applicant stating the date, time, location, and purpose of the Pre-Application
Conference.
G. Scheduling. The Pre-Application Conference shall be conducted at least five (5) business
days after the notice is mailed but not more than twenty-eight (28) calendar days after
the City accepts the written request for pre-application conference. The City shall
reschedule the conference and give new notice if the Applicant or Applicant’s
representative cannot or does not attend the conference when scheduled.
Part 15.200 Land Use Decisions Page 9 of 53
H. Expiration. A counter-complete application that the City finds is substantially similar to
the subject of a Pre-Application Conference must be submitted within one calendar year
after the Pre-Application Conference or after approval of waiver of Pre-Application
Conference.
15.210.030 Counter-Complete Determination and Acceptance of Applications.
A. Only Counter-Complete Accepted. The City shall only accept an application if it is
determined to be Counter-Complete. No parts of an application will be accepted or
retained by the City on behalf of an Applicant unless it is part of a complete and
accepted application. Applications that are not Counter-Complete shall not begin the
timing for a Determination of Completeness under MLUDC 15.210.040.
B. Counter-Complete Defined. An application shall be determined to be Counter-Complete
if the Applicant submits a full and complete application packet that includes all the
submittal requirements together with fees.
C. Notice. If the City determines the application is counter-complete, the City shall provide
written notice that the application is counter-complete and review for completeness
under MLUDC 15.210.040 has started. If the City determines the application is not
counter-complete, the City shall provide notice that the application is rejected with
identification of what is needed to make the application counter-complete.
D. Not a Determination of Completeness. A determination that an application is Counter-
Complete does not constitute a Determination of Completeness under MLUDC
15.210.040.
15.210.040 Determination of Completeness.
A. Determination of Completeness. A project application is complete for purposes of this
Chapter when it meets the procedural submission requirements of the City, as outlined
on the project permit application. Additional information or studies may be required or
project modifications may be undertaken subsequent to the procedural review of the
application by the City. The determination of completeness shall not preclude the City
from requesting additional information or studies either at the time of the notice of
completeness or subsequently if new information is required or substantial changes in
the proposed action occur. However, if the procedural submission requirements, as
outlined on the project permit application have been provided, the need for additional
information or studies may not preclude a completeness determination.
B. Time to Determine. Within twenty-eight (28) calendar days after accepting a project
permit application as Counter-Complete, the Department shall notify the Applicant a
written determination stating either:
1. The application is Complete; or
2. The application is Incomplete and what is necessary to make the application
Complete.
C. Requesting Additional Information. A Determination of Completeness shall not
preclude the Department from requesting additional information or studies either at the
time of Notice of Completeness, or subsequently if new information is required or
substantial changes in the proposed action occur.
Part 15.200 Land Use Decisions Page 10 of 53
D. Timeline for Additional Information Request. If the additional information requested by
the Department is not fully submitted within ninety (90) calendar days from the date it
was requested, the application shall be rejected and returned to the Applicant with
eighty percent (80%) of the application fee. The Applicant may submit a written request
for up to a ninety (90) calendar day extension of this deadline, or a date as mutually
agreed upon by the Director. The Director may grant a single extension if the Applicant
has demonstrated that they are actively working to obtain the requested information.
E. Time to Determine After Additional Information Provided. If the application was
determined to be Incomplete with additional information requested, then the Applicant
shall provide the requested information before any further review or processing will
occur. When an Applicant does provide the requested information, the Department
shall provide the Applicant with written determination of whether the application is
now Complete or not within fourteen (14) calendar days of receipt of the requested
information.
F. Notice of Completeness. If a project application is given a Determination of
Completeness, this determination shall be provided to the Applicant in writing as a
Notice of Completeness. This Notice may also identify other agencies with jurisdiction
over some aspect of the application, but in no way absolves or assumes the
responsibility of the Applicant to seek applicable permits from other jurisdictions.
15.210.050 Notice of Application.
A. When Required. A Notice of Application is required for all Type II and Type III
applications. No Notice of Application is required for Type I applications.
B. Time to Provide. The Department shall issue the Notice of Application to the Applicant
within fourteen (14) calendar days after the Determination of Completeness is provided.
C. Information to be Provided. The Notice of Application shall include, at least, the
following information:
1. The date of application;
2. The date of Notice of Completeness;
3. The date of Notice of Application;
4. A brief description of the proposed project action with a list of the project permits
included in the application;
5. A list of studies requested, if any;
6. The identification of other permits not included in the application, to the extent
known by the Department;
7. The identification of any existing environmental documents that evaluate the
proposed project, including where such documents can be reviewed;
8. A statement of the public comment period, including statements of the right of any
person to comment on the application, to receive notice of and participate in any
hearing, to request a copy of the decision once made, and any appeal rights;
9. The date, time, place, and type of hearing, if applicable;
10. A statement of the preliminary determination, if one has been made at the time of
Notice of Application, of those development regulations that will be applied to the
proposal; and
11. Any other information determined to be appropriate by the Department.
Part 15.200 Land Use Decisions Page 11 of 53
D. Timing If Hearing Required. If an open record hearing is required for the requested
project permit, then the Notice of Application shall be provided at least fifteen (15)
calendar days prior to the open record hearing.
E. Notice of Application to the Public.
1. The Department shall provide public notice of the Notice of Application as follows:
a. By mailing a Notice of Application to the owners of real property located within
five hundred (500) feet of the subject property.
b. By publishing the Notice of Application in a newspaper of local circulation.
c. By posting the Notice of Application on the City’s website.
2. The Applicant shall provide public notice of the Notice of Application by posting a
minimum of one sign or placard on the site or a location immediately adjacent to
the site that provides visibility to motorists using adjacent streets. The Director shall
establish standards for size, color, layout, design, wording, number, placement, and
timing of installation and removal of the signs or placards. All costs associated with
the public notice shall be borne by the Applicant.
F. Comment Period. The Department shall allow a public comment period of fourteen (14)
calendar days for Type II and Type III application. This public comment period shall
commence when the Notice of Application is mailed or posted on the subject property,
whichever is later. There is no comment period for Type I applications.
15.210.060 Notice of Public Hearing.
A. When Required. A Notice of Public Hearing is required for all Type III applications.
B. Time to Provide. The Notice of Public Hearing shall be provided at least fifteen (15)
calendar days prior to the open record hearing.
C. Information to be Provided. The Notice of Public Hearing shall include, at least, the
following information, through text or graphic:
1. The application and/or project number;
2. The name of the Applicant or the Applicant’s authorized representative;
3. The general project location/vicinity, with address(es) and/or parcel number(s);
4. A brief project summary or description for each project permit application to be
decided upon;
5. The designated hearing body;
6. The date, time, and place of the hearing;
7. The date when the staff report will be available, and where it can be reviewed; and
8. A statement regarding the appeal process.
D. Notice of Public Hearing to the Public.
1. When a public hearing is required, the Department shall provide public notice of the
Notice of Application as follows:
a. By mailing a Notice of Application to the owners of real property located within
five hundred (500) feet of the subject property.
b. By publishing or posting the Notice of Application on the City’s website.
2. When a public hearing is required, the Applicant shall provide public notice of the
Notice of Application by posting a minimum of one sign or placard on the site or a
location immediately adjacent to the site that provides visibility to motorists using
adjacent streets. The Director shall establish standards for size, color, layout, design,
Part 15.200 Land Use Decisions Page 12 of 53
wording, number, placement, and timing of installation and removal of the signs or
placards.
E. Combined with Notice of Application. The Department may combine the Notice of
Public Hearing with the Notice of Application.
15.210.070 Final Decisions and Notice of Decision.
A. When Required. A written Final Decision must be made for every application. A Notice
of Decision is required for all Type II and Type III applications.
B. Timing of the Decision. A Final Decision shall be made no more than one hundred and
twenty (120) calendar days after the date of the Determination of Completeness. If the
Department is unable to issue its final decision on an application within the time limits
provided in this section, it shall provide written notice of this fact to the Applicant. The
notice shall include a statement of reasons why the time limits cannot be met and an
estimated date for issuance of the notice of final decision. In determining the number of
days that have elapsed after the Determination of Completeness, the following periods
shall be excluded:
1. Any period between the day that the Department has notified the Applicant, in
writing, that additional information is required to further process the application
and the day when responsive information is resubmitted by the Applicant;
2. Any period after an Applicant informs the Department, in writing, that they would
like to temporarily suspend review of the project permit application until the time
that the Applicant notifies the Department, in writing, that they would like to
resume the application.
3. Any period after an administrative appeal is filed until the administrative appeal is
resolved and any additional time period provided by the administrative appeal has
expired.
4. Any extension of time mutually agreed upon by the Applicant and the City.
C. Writing Required. All Final Decisions must be in writing.
D. Contents of a Final Decision – Type I. Final Decisions for Type I applications may be
memorialized and conveyed by the issuance of the requested permit. If the permit is
denied, then the decision shall be in writing with a short explanation or basis for the
denial, along with the rights and process for appeal, to be transmitted directly to the
Applicant.
E. Contents of a Final Decision – Type II and Type III. Final Decisions for Type II and Type III
applications shall be in writing and contain the following information:
1. Findings of Fact;
2. Conclusions of Law; and
3. Appeal rights.
F. Notice of Decision. Notice of a Final Decision may be the transmittal of the Final
Decision with or without a coversheet or additional information. For Type II project
permits, the Notice of Decision may be a copy of the final report, so long as the
transmittal includes any SEPA threshold determinations or Critical Area final
determinations if the project was not categorically exempt from such. For Type III
project permits, dissemination of the Hearing Examiner’s Decision shall constitute a
Notice of Decision. If any of the required contents of a Final Decision are not included in
Part 15.200 Land Use Decisions Page 13 of 53
that document, including especially the rights and process for appeal, then this
information shall be included with the transmittal of the Final Decision.
G. Who Receives Notice of Decision. The Notice of Decision shall be provided to:
1. The Applicant;
2. Any government agency that commented or requested notice;
3. Any person who testified at the hearing or who provided substantive written
comments on the application during the public comment period; and
4. Any persons who, prior to the rendering of the decision, requested a Notice of
Application or Notice of Decision.
H. Other Requirements. The Notice of Decision shall provide notice of the decision that
also includes a statement of any threshold determination made under 43.21C RCW
(SEPA), and procedures for administrative appeal, if any.
I. Effective Date of Decision. The effective date of the Final Decision is the date on which
the Notice of Decision was placed in the mail or sent electronically, whichever is earlier.
J. Reconsideration of Hearing Examiner Decision.
1. A party of record, including the City, may petition for reconsideration of a Final
Decision issued by the Hearing Examiner in writing. The petition must be submitted
to the Department within fourteen (14) calendar days of the Notice of Decision. The
petition shall provide facts and arguments to establish the applicability of one or
more of the following:
a. Irregularity in the proceedings by which the moving party was prevented from
having a fair hearing;
b. Newly discovered evidence of a material nature which the moving party
applying for reconsideration could not have discovered and produced at the
hearing with reasonable diligence;
c. Errors in law or clear mistakes as to a fact that is material to the decision.
2. The Department shall forward the request for reconsideration to the Hearing
Examiner and notify all parties of record of the request for reconsideration.
3. Within fourteen (14) calendar days from the date the Hearing Examiner receives a
request for reconsideration, the Hearing Examiner shall issue a written notification
that the request has been denied or granted.
4. Prior to the Hearing Examiner issuing a decision on a request for reconsideration,
the Hearing Examiner may convene a hearing, allow for comment, or continue a
proceeding in such a manner as the Hearing Examiner determines appropriate to
ensure a fair, timely, and reasoned decision.
5. The Hearing Examiner’s decision on a request for reconsideration is not subject to a
request for reconsideration and shall be the final decision of the City.
6. If a timely request for reconsideration is filed, the time for appeal shall not
commence to run until the issuance of a written decision denying or granting a
request for reconsideration.
15.210.080 Consolidated Permit Process.
A. Consolidation Optional. A Consolidated Permit Process may be used when there are
two (2) or more project permits related to a proposed project action.
Part 15.200 Land Use Decisions Page 14 of 53
B. Consolidation into Single Process. If an Applicant requests a Consolidated Permit
Process, and the City agrees, then the proposed permits shall be consolidated into a
single application review and approval process that covers all project permits requested
by the Applicant. Once consolidated, the Determination of Completeness, Notice of
Application, Notice of Public Hearing (if any), and Notice of Final Decision must include
all project permits being reviewed in one cohesive document for each procedural stage.
C. Pre-Application Conference Required. A Pre-Application Conference is required to
discuss the potential of a Consolidated Permit Process. This conference topic is separate
and distinct from the requirement for Pre-Application Conferences regarding the
particulars of any of the underlying permit applications. One Pre-Application Conference
may be done that concurrently discusses all proposed permits and the consolidated
process in the same meeting, or be separated into different meetings, to be decided at
the discretion of the Director.
D. Limit on Number of Hearings. For any Consolidated Permit Process, there shall only one
(1) open record hearing and one (1) closed record appeal.
E. Highest Application Type Controls. When multiple application types are consolidated,
the procedural requirements for the highest permit type shall apply to the entire
Consolidated Permit Process. If the applications are to be processed under the individual
procedures option, the highest number type procedure must be processed prior to the
subsequent lower numbered process procedure.
F. Type IV Permits Not to be Consolidated. Applications classified as a Type IV proposal
shall not be consolidated with Type I, II, or III permit applications. This is done to ensure
that the City Council does not make the Final Decision on Administrative or Quasi-
Judicial applications.
G. Discretion of Director. The Director, or designee, shall have complete discretion on
whether and how to consolidate, or not, application packages in a way that serves the
interests of the timely and judicious review and processing of the applications. This
includes, especially, the discretion of the Director to require the completion of Final
Decisions for Type III and Type IV applications before other applications that could rely
on those decisions.
Part 15.200 Land Use Decisions Page 15 of 53
Chapter 15.215
HEARINGS AND APPEALS
Sections:
15.215.010 Open Record Public Hearings.
15.215.020 Appeals of Type I and Type II Decisions.
15.215.030 Appeals of Decisions of the Hearing Examiner or City Council
15.215.010 Open Record Public Hearings.
A. Limit on Number of Hearings. For any project permit application, there shall be no more
than one (1) Open Record Hearing and no more than one (1) Closed Record Appeal. This
includes multiple applications that are consolidated into a single process under the
Consolidated Review Process in MLUDC 15.210.080.
B. Open Record Public Hearings; When Used. Open Record Public Hearings shall be held
for all Type III and Type IV applications.
1. Type III Open Record Hearings shall be conducted by and held before the Hearing
Examiner.
2. Type IV Legislative Hearings shall be conducted by the Director, or designee, and
shall be held before the Planning Commission or City Council, depending on the
specific application.
C. Hearing Procedure. The order of proceedings for a hearing will depend in part on the
nature of the hearing. The establishment and amendment to hearings procedures shall
be within the sound discretion of the Director, or designee, or the Hearing Examiner, as
applicable body.
D. Staff Report. At least seven (7) business days before the date of the hearing, the
Director shall issue a written staff report and recommendation regarding the
application(s), shall make available to the public a copy of the staff report for review and
inspection, and shall mail a copy of the staff report and recommendation without
charge to the Applicant. The Director shall mail or provide a copy of the staff report at
reasonable charge to other parties who request it. If the Director does not issue the
staff report at least seven (7) business before the date of the hearing, the Applicant shall
be entitled to ask for a continuance without penalty.
E. Ex Parte Communications Prohibited. No member of the hearing body may
communicate, directly or indirectly, regarding any issues in a proceeding before them,
other than to participate in necessary communications on procedural aspects. The
member may receive advice from his or her legal counsel and may communicate with
staff members. If a member of the hearing body receives ex parte communications
regarding a pending application to be heard by them, then that person shall:
1. Notify the Director of the communication; and
2. Disclose the nature and contents of the communications on the open record at the
hearing, to include the identity of each person from whom the ex parte
communications were received.
F. Conflicts of Interest, Ethics, Open Public Meetings, and Appearance of Fairness. The
hearing body shall comply with and remain subject to the Code of Ethics for Municipal
Officers, Chapter 42.23 RCW, the Open Public Meetings Act, Chapter 42.30 RCW, and
Part 15.200 Land Use Decisions Page 16 of 53
the Appearance of Fairness Doctrine, Chapter 42.36 RCW, as they may now exist or be
lawfully amended hereafter.
G. Consolidating Appeals from Threshold Determinations. In accordance with RCW
43.21C.075, any hearing on the appeal of a SEPA threshold determination or Critical
Area determination shall be consolidated with the hearing or appeal of the underlying
permit. No more than one appeal proceeding shall be allowed on each procedural
determination (the adequacy of a determination of significance/non-significance or of a
final environmental impact statement). Appeals of procedural issues and of substantive
determinations (such as a decision to require particular mitigation measures or to deny
a proposal) shall be consolidated as well. This does not apply to:
1. An appeal of a determination of significance;
2. An appeal of a procedural determination made by the City when the City is a project
proponent, or is funding a project, and chooses to conduct its review under Chapter
43.21C RCW, including any appeals of its procedural determinations, prior to
submitting an application for a project permit; or
3. An appeal of a procedural determination made by the City on a non-project action.
15.215.020 Appeals of Type I and Type II Decisions.
A. Standing; Who May Bring Appeal. An appeal of a Type I or Type II Decision may only be
brought by one of the following:
1. The Applicant;
2. Any party who participated in the decision process through the submittal of
substantive written comments; or
3. Any other person who can demonstrate, as a threshold manner, that they would
have standing according to the standing requirements in RCW 36.70C.060.
B. Time to Appeal. An Appeal of a Type I or Type II Decision shall be filed with the
Department within fourteen (14) calendar days of the date the final Notice of Decision
was mailed.
C. Fees. An appeal will only be accepted if it is accompanied by the appropriate appeal fee.
If the applicable fee is not received by the City within the prescribed time to appeal, the
appeal shall not be accepted nor considered.
D. Contents of Appeal. Appeals shall be in writing and contain the following information:
1. Appellant’s name, address, and phone number;
2. The Application and Final Decision that they are appealing;
3. A statement describing the Appellant’s standing to appeal;
4. A statement describing the grounds for appeal and the facts upon which the appeal
is based, with specific reference to only those facts that are contained in the official
record from which the Decision was based upon;
5. A statement describing what relief is sought;
6. A statement that the Appellant has read the appeal and believes the contents to be
true; and
7. The Appellant’s signature, or the signature of the Appellant’s agent/representative
that is accompanied by written authorization to act on the Appellant’s behalf.
E. Time to Amend. The Hearing Examiner shall have discretion to allow an appellant up to
fourteen (14) calendar days to amend or perfect an otherwise timely filed appeal.
Part 15.200 Land Use Decisions Page 17 of 53
F. Process for Appeal Hearing. An appeal under this section shall be heard by the Hearing
Examiner as an Open Record Appeal.
G. Burden of Proof. The Appellant shall bear the burden to demonstrate by a
preponderance of the evidence at least one of the following:
1. The Director or designee exceeded his or her jurisdiction or authority;
2. The Director or designee failed to follow applicable procedures in reaching the
decision;
3. The Director or designee committed an error of law; and/or
4. The findings, conclusions, or decision prepared by the Director or designee are not
supported by substantial evidence.
H. Reconsideration.
1. A party to the appeal, including the City, may petition the Hearing Examiner in
writing to reconsider a decision. The petition must be submitted to the Department
within five (5) business days of the Notice of Decision. The petition shall provide
facts and arguments to establish the applicability of one or more of the following:
a. Irregularity in the proceedings by which the moving party was prevented from
having a fair hearing;
b. Newly discovered evidence of a material nature which the moving party
applying for reconsideration could not have discovered and produced at the
hearing with reasonable diligence;
c. Errors in law or clear mistakes as to a fact that is material to the decision.
2. The Department shall forward the request for reconsideration to the Hearing
Examiner and notify all parties of record of the request for reconsideration.
3. Within fourteen (14) calendar days from the date the Hearing Examiner receives a
request for reconsideration, the Hearing Examiner shall issue a written notification
that the request has been denied or granted.
4. Prior to the Hearing Examiner issuing a decision on a request for reconsideration,
the Hearing Examiner may convene a hearing, allow for comment, or continue a
proceeding in such a manner as the Hearing Examiner determines appropriate to
ensure a fair, timely, and reasoned decision.
5. The Hearing Examiner’s decision on a request for reconsideration is not subject to a
request for reconsideration and shall be a final decision of the City.
6. If a timely request for reconsideration is filed, the time for appeal shall not
commence to run until the issuance of a written decision denying or granting a
request for reconsideration.
I. Stay of Decision. An appeal or request for reconsideration stays the underlying decision
pending final disposal of the appeal, unless the action ordered in the decision is
necessary to protect the public health or safety, or unless the appeal is required to be
filed in superior court.
J. Judicial Review Only After Administrative Exhaustion. No person may seek judicial
review of any Decision of the City unless that person first exhausts the administrative
remedies provided by the City. Any judicial appeal shall be filed in accordance with state
law, primarily the Land Use Petition Act, Chapter 36.70C RCW.
Part 15.200 Land Use Decisions Page 18 of 53
15.215.030 Appeals of Decisions of the Hearing Examiner or City Council
A. In General. Appeals of a Final Decision of the Hearing Examiner or City Council are
generally not governed by the provisions of this code. Judicial review of land use
decisions is controlled by the Land Use Petition Act, Chapter 36.70C RCW.
B. Exceptions. Other quasi-judicial bodies hold jurisdiction to hear certain land use
decisions, such as the Growth Management Hearings Board or the State Shoreline
Hearings Board. No provisions of this code should be interpreted or applied in a way
that conflicts with state law regarding judicial or quasi-judicial review of land use
decisions.
C. Appealing a Hearing Examiner Decision. A Final Decision by the Hearing Examiner for a
Type III application, or from a Final Decision on the appeal of a Type I or Type II decision,
shall be appealed to the Grant County Superior Court in accordance with the Land Use
Petition Act, Chapter 36.70C RCW. A Final Decision by the Hearing Examiner on a
shoreline permit shall be appealed to the Washington State Shoreline Hearings Board in
accordance with the Shoreline Management Act, Chapter 90.58 RCW.
D. Appealing a Decision of the City Council. A Final Decision by the City Council shall only
be appealed to the appropriate jurisdictional entity charged by state law with hearing
such appeals.
E. Stay of Decision. Filing a suit or action in court does not stay the final decision unless
and until the court, pursuant to RCW 36.70C.100, issues an order.
Part 15.200 Land Use Decisions Page 19 of 53
Chapter 15.220
ANNEXATIONS
Sections:
15.220.010 Annexation Methods and Applicability.
15.220.020 Annexation Evaluation Criteria.
15.220.030 Newly Annexed Areas.
15.220.040 Mitigation.
15.220.050 Decision on Annexation.
15.220.010 Annexation Methods and Applicability.
A. Application. All annexations shall occur pursuant to the procedures set forth in Chapter
35A.14 RCW, as adopted or amended, and as otherwise allowable by law. In addition to
all other procedures allowed by law, all voter-initiated, City Council-initiated, and direct
petition annexations shall be subject to the procedures set forth in this Chapter. Other
types of annexations may, but are not required to, use these procedures.
B. Eligibility for Annexation. To be eligible for annexation under this Chapter, the entire
subject area must be within an adopted urban growth area and be contiguous with the
City boundary. The proposed annexation shall not include sub-portions of any parcel.
15.220.020 Annexation Evaluation Criteria.
A. Comprehensive Plan. Annexations shall be consistent with the Comprehensive Plan.
B. Petitioner Provided Information. The City has the authority to request that petitioner(s)
provide information regarding the identified impacts as part of a petition or part of the
petition process, require the petitioner(s) to respond to inquiries regarding the impacts,
and require the petitioner(s) to conduct any studies necessary to evaluate any of the
identified impacts at the petitioner’s cost or to pay for such studies undertaken by the
City.
C. Evaluation Criteria. Prior to approval or disapproval of any annexation as allowed by
law, the City shall consider the short and long term impact on the City by reviewing, at a
minimum, the following:
1. An analysis of the City’s available capacity to provide a variety of services in the area
proposed for annexation, which takes into account the present and anticipated
need for the governmental services including, but not limited to the following:
a. Water supply, sewage, and solid waste disposal;
b. Zoning;
c. Streets, alleys, curbs, sidewalks, and other rights of way;
d. Police and fire protection;
e. Playgrounds, parks, and other municipal services;
f. Transportation; and
g. Drainage, including stormwater.
2. The financial impact of providing the required governmental services at the City’s
adopted levels of service, including potential sources of revenue. Review of financial
impact shall include at a minimum an analysis of the costs to provide services and
anticipated revenues from the proposed annexation area to support required levels
of service;
Part 15.200 Land Use Decisions Page 20 of 53
3. The impact of annexation on any applicable City bonded indebtedness, including an
analysis of the impact of City bonded indebtedness upon property within the
proposed annexation area;
4. Whether the annexation would follow logical boundaries, such as property lines,
streets, waterways, or substantial topographic changes;
5. Whether the annexation would eliminate an irregularity or irregularities in the City’s
boundaries, thereby improving service delivery;
6. Review of existing infrastructure prior to defining boundaries of the proposed
annexation to determine logical inclusions or exclusions, including but not limited to
the review of the following factors:
a. Whether acquisition of additional right-of-way will be needed for the provision
of utilities or transportation links.
b. Whether there are preexisting utilities from a particular district or jurisdiction
that are currently in a right-of-way.
c. Whether the existing transportation network will produce an unfair burden on
the City for the operation, maintenance, and preservation or replacement of
assumed infrastructure;
7. Whether the proposed annexation area lies within an irrigation district or contains
irrigation district facilities.
8. Zoning that will be applicable for the proposed annexation area, subject to the
requirements of MLUDC 15.220.030; and
9. Review of any other impact identified as necessary by the City.
D. Pre-Annexation Agreement. If it is determined that the existing public services or
infrastructure within the proposed annexation area are deficient and do not meet City
standards, the petitioner and other property owners within the proposed annexation
area shall enter into a pre-annexation agreement to address the deficiencies.
15.220.030 Newly Annexed Areas.
A. Proposed Zoning Designation. Property within the urban growth area which has
proposed zoning designated pursuant to RCW 35A.14.330, as amended, will
automatically be zoned in conformance with the land use designation previously
prescribed for that property unless the proposed zoning designation is changed as
provided herein.
B. Proposed Zoning Designation Inconsistent with Comprehensive Plan; No Designation.
Where property does not have a proposed zoning regulation or the proposed zoning
regulation is inconsistent with the Comprehensive Plan, the City Council upon
consideration of the annexation proposal may establish an interim classification for the
property. The interim zone shall be consistent with the annexation area’s
Comprehensive Plan designation. If an interim Comprehensive Plan and zoning
designation is established, it shall be in place no longer than twelve (12) months unless
otherwise provided by ordinance. The process for establishing an interim zoning district
shall meet the requirements of RCW 35A.63.220. For all property classified in the
interim zone, the City shall commence all steps necessary to establish an official zoning
classification pursuant to the procedure described in MLUDC Chapter 15.245.
Part 15.200 Land Use Decisions Page 21 of 53
15.220.040 Mitigation.
The City has the authority to seek to mitigate increased expenses or impacts due to
annexation through any means allowed by law; including, but not limited to, requiring the
payment of impact fees or assessments, addressing the improvement of infrastructure, or
requiring connection to municipal utilities, as a condition of annexation. Such requirements
may be established in the form of a pre-annexation development agreement subject to the
same requirements and procedures of MLUDC Chapter 15.230.
15.220.050 Decision on Annexation.
Subject to applicable law regarding annexations by election, the City Council shall not be
obligated to approve or disapprove any annexation, regardless of the outcome of the review
undertaken pursuant to this Chapter.
Part 15.200 Land Use Decisions Page 22 of 53
Chapter 15.225
CONDITIONAL USE PERMITS
Sections:
15.225.010 Permit Process Type.
15.225.020 Criteria for Approval.
15.225.030 Conditions for Approval.
15.225.040 Runs with Land.
15.225.050 Major Modifications.
15.225.060 Minor Modifications.
15.225.070 Revocation for Noncompliance.
15.225.080 Expiration of Approval.
15.225.010 Permit Process Type. A Conditional Use Permit (“CUP”) is a Type III Permit and must comply
with all applicable provisions of this Chapter, MLUDC 15.205.050, and MLUDC Chapter
15.215.
15.225.020 Criteria for Approval.
A. General Criteria. A Conditional Use Permit shall be approved with conditions only if the
Applicant demonstrates that all the following criteria are met:
1. The conditional use is consistent with the Comprehensive Plan and with the
character and appearance of the existing or proposed development in the vicinity of
the subject property;
2. The location, size, and height of buildings, structures, walls and fences, and visual
screening for the conditional use shall not hinder or discourage the permitted
development or use of neighboring properties;
3. Requested modifications to standards are limited to those which will mitigate
impacts in a manner equal to or greater than the standards of the MLUDC;
4. The conditional use does not conflict with the health and safety of the community;
5. The proposed location does not result in the detrimental over-concentration of a
particular use within the City or within the immediate area of the proposed use,
unless the proposed use is deemed a public necessity;
6. The pedestrian and vehicular traffic associated with the use will not be hazardous or
conflict with existing and anticipated traffic in the neighborhood; and
7. There are adequate public facilities or services to support the use and the use will
not adversely affect public services to the surrounding area or conditions can be
established to mitigate adverse impacts on such facilities.
B. Special Criteria for Industrial Uses (Reserved).
C. Special Criteria for Residential Uses in Non-Residential Zones (Reserved).
15.225.030 Conditions for Approval. In approving a Conditional Use Permit, the Hearing Examiner may
impose any condition that is crafted to accomplish or satisfy a criterion for approval. These
conditions may include, but are not limited to, any of the following:
A.Limit the way the use is conducted, including restricting the time an activity may take
place, and imposing any reasonable restraints to minimize environmental effects such as
noise, vibration, air pollution, glare, and odor;
Part 15.200 Land Use Decisions Page 23 of 53
B.Establish a special yard or other open space, with specified lot area, location, or
dimension;
C.Limit the height, size, or location of a building or other structure(s);
D.Designate the size, number, or nature of vehicle access points;
E.Increase the amount of street dedication, roadway width, or other improvements within
the street right-of-way;
F.Designate the size, location, screening, drainage, surfacing, or other improvements of
off-street parking or truck loading areas;
G.Limit or otherwise designate the number, size, location, and height of lighting and signs;
H.Limit the number and intensity of outdoor lighting or require its shielding;
I.Require screening, landscaping, or other improvement to protect adjacent or nearby
property that designates standards for installation and/or maintenance;
J.Require and establish the size, height, location, or materials for a fence;
K.Require protection of critical areas; or
L.Any other reasonable restriction, condition, or safeguard that will uphold the intent of
the MLUDC and the City’s Comprehensive Plan, or that is used to mitigate any adverse
effect upon adjacent properties that would result from the proposed use.
15.225.040 Runs with Land. A Conditional Use Permit is granted to and attaches to the subject property
of the proposal, not to the owner of the property. The Conditional Use Permit remains
attached to and enforceable against the property during and after conveyance to any and all
subsequent owners or successors in interest.
15.225.050 Major Modifications. The Director shall determine that a major modification will result if
one or more of the changes listed below have been proposed:
A.A change of any applicable condition of approval;
B.A change in use classification as defined in MLUDC Chapter 15.405;
C.A ten percent (10%) increase in dwelling unit density, providing the proposed density
does not exceed the maximum density established in the underlying base zoning
district;
D.An increase in the approved floor area proposed for nonresidential use by more than
twenty-five percent (25%), except for schools, which shall have a threshold of fifty
percent (50%) increase in floor area;
E.A change in the operational use deemed to be a possible adverse impact to adjacent
properties by the Director. Upon the Director determining that the proposed
modification to the Conditional Use Permit is a major modification, the Applicant shall
submit a new application to be processed as a Type III application.
15.225.060 Minor Modifications. Any modification that is not within the description of a major
modification as provided in above shall be considered a minor modification. An Applicant
shall request approval of a minor modification by means of a Type I procedure. A minor
modification shall be approved, approved with conditions, or denied following the Director’s
review based on the findings that the proposed development is in compliance with all
applicable requirements of this Code.
Part 15.200 Land Use Decisions Page 24 of 53
15.225.070 Revocation for Noncompliance. A Conditional Use Permit may be suspended or revoked if
the grantee of the Conditional Use Permit, or successors in interest, fail to comply with the
conditions or restrictions included in the Conditional Use Permit. The Director, or designee,
shall notify the Conditional Use Permit holder in writing of the violation, who then have
thirty (30) calendar days to submit a written response to the notice of violation. If the
Conditional Use Permit holder fails to respond, fails to rectify ongoing violations, or is
otherwise found to not be in compliance with the duly imposed conditions of the permit,
the Director shall revoke or suspend the Conditional Use Permit. The revocation of a
Conditional Use Permit for failure to comply with attached conditions is an Administrative
Final Decision that can be appealed to the Hearing Examiner.
15.225.080 Expiration of Approval. If no development has taken place on the proposed development or
if no building permits or subdivision applications have been issued or received within a
twenty-four (24) month time limit from the date of approval, the Conditional Use Permit
shall become null and void. Prior to expiration, the Applicant may submit a written request
for up to a twenty-four (24) month extension of this deadline. The Director may grant a
single extension if the Applicant has demonstrated that they are actively working to
complete the proposed development.
Part 15.200 Land Use Decisions Page 25 of 53
Chapter 15.230
DEVELOPMENT AGREEMENTS
Sections:
15.230.010 Development Agreements Authorized.
15.230.020 Purpose.
15.230.030 Pre-existing Agreements.
15.230.040 Effect and Vesting.
15.230.050 Procedure.
15.230.060 Costs.
15.230.070 Recording.
15.230.010 Development Agreements Authorized.
A. Property Within City Limits. The City may, but under no circumstances is required to,
enter into a development agreement pursuant to this and Sections 36.70B.170 RCW et
seq., with a person having ownership or control of real property within its jurisdiction.
B. Property Outside City Limits. The City may, but under no circumstances is required to,
enter into a development agreement pursuant to and Sections 36.70B.170 RCW et seq.,
with a person having ownership or control of real property outside of its boundaries as
part of a proposed annexation or service agreement.
C. Nature of City Action. The decision of the City Council to approve or reject a request for
a new development agreement, a modification to an existing development agreement,
or an extension of an existing development agreement, shall be a discretionary,
legislative act and an exercise of the City’s police power and contract authority.
15.230.020 Purpose.
A. Contents. Development agreements shall set forth the development standards and
other provisions that shall apply to and govern and vest the development, use, and
mitigation of the development of the real property for the duration specified in the
agreement. A development agreement may obligate a party to fund or provide services,
infrastructure, or other facilities. For the purposes of this Section, “development
standards” include, but are not limited to:
1. Project elements such as permitted uses, residential densities, and nonresidential
densities and intensities or building sizes;
2. The amount and payment of impact fees imposed or agreed to in accordance with
any applicable provisions of State law, any reimbursement provisions, other
financial contributions by the property owner, inspection fees, or dedications;
3. Mitigation measures, development conditions, and other requirements under
MLUDC Chapter 15.510, SEPA Regulations;
4. Design standards such as maximum heights, setbacks, drainage and water quality
requirements, landscaping and other development features;
5. Affordable housing;
6. Parks and open space preservation;
7. Phasing;
8. Review procedures and standards for implementing decisions;
9. A build-out or vesting period for applicable standards; and
Part 15.200 Land Use Decisions Page 26 of 53
10. Any other appropriate development requirement or procedure.
B. Development Standards.
A development agreement shall be consistent with applicable development regulations
to the fullest extent possible; provided, a development agreement may allow
development standards different from those otherwise imposed under the MLUDC in
order to provide flexibility to achieve public benefits, respond to changing community
needs, or encourage modifications which provide the functional equivalent or
adequately achieve the purposes of otherwise applicable City standards. Any approved
development standards that differ from those in the code shall not require any further
zoning reclassification, variance from City standards or other City approval apart from
development agreement approval, except that no deviation from critical areas or
shoreline management regulations shall be permitted. The development standards as
approved through a development agreement shall apply to and govern the
development and implementation of each covered site in lieu of any conflicting or
different standards or requirements elsewhere in the MLUDC. Subsequently adopted
standards which differ from those of a development agreement adopted by the City as
provided in this Chapter shall apply to the covered development project only where
necessary to address imminent public health and safety hazards or where the
development agreement specifies a time period or phase after which certain identified
standards can be modified. Building permit applications for property subject to a
development agreement shall be subject to the building and construction codes in effect
when the building permit application is deemed complete.
C. Unauthorized Fees Prohibited. Nothing in this Chapter is intended to authorize the City
to impose impact fees, inspection fees, or dedications or to require any other financial
contributions or mitigation measures except as expressly authorized by other applicable
provisions of law.
15.230.030 Pre-existing Agreements.
Nothing in this Chapter affects the validity of a contract rezone, concomitant agreement,
annexation agreement, or other agreement in existence on July 23, 1995, or any agreement
adopted at any time under separate authority, that includes some or all of the development
standards provided in MLUDC 15.230.020. Nothing in this Chapter affects the applicability of
any State or Federal law or regulation.
15.230.040 Effect and Vesting.
A. General. Unless amended or terminated, a development agreement is enforceable
during its term by a party to the agreement. A development agreement and the
development standards in the agreement govern during the term of the agreement, or
for all or that part of the build-out period of the project specified in the agreement, and
the project may not be subject to an amendment to a zoning ordinance or development
standard or regulation or a new zoning ordinance or development standard or
regulation adopted after the effective date of the agreement.
B. Vesting. Under subsection (A), a development agreement provides an alternative to
vesting rights provided for under the MLUDC. A development agreement shall reference
Part 15.200 Land Use Decisions Page 27 of 53
by ordinance or code provision the land use regulations under which the project
described in the development agreement is vested.
C. Concurrency. A development agreement shall be compliant with the requirements of
MLUDC Chapter 15.250, Concurrency.
D. Modifications. The City shall reserve authority in each development agreement to
impose new or different regulations only if necessary, and to the extent necessary, to
address a serious threat to public health and safety.
E. Building Permits. Building permit applications for property subject to a development
agreement shall be subject to the building and construction codes in effect when the
building permit application is deemed complete.
15.230.050 Procedure.
A. No Deadline for Final Decision. Development agreements are not “project permit
applications” as defined in RCW 36.70B.020. Therefore, there is no deadline for
processing a development agreement. If an Applicant requests that the City execute a
development agreement as part of its approval of a project permit application, the
Applicant must agree to sign a written waiver of the deadline for issuance of a final
decision of the project permit application and a waiver of, so that the development
agreement may be processed.
B. Development Agreement Associated with Permit Application. A development
agreement may be submitted for review in conjunction with a land use and
development permit for the underlying project. The development agreement
application may be consolidated for processing with the underlying project permit
application or other application for approval, provided, however, a separate open public
hearing shall be held before the council on the development agreement and shall not be
consolidated with the open hearing for a Type II or III application, pursuant to MLUDC
15.210.080(E). Any development plan accompanying the development agreement shall
be subject to the applicable project permit process set out in this title.
C. Determination of Completeness. The application shall not be deemed complete until a
draft development agreement has been prepared and a development proposal
conforming to the parameters of the development agreement and meeting all pertinent
requirements has been submitted.
D. Final Decision. The development agreement shall be approved by the City Council prior
to any final decision being issued on the application.
E. Public Hearing. The City Council shall make the final decision whether to approve a
development agreement by ordinance or resolution after a public hearing. The duly
noticed public hearing shall be held in accordance with RCW 36.70B.200. All costs
associated with the public notice for the public hearing shall be borne by the Applicant.
15.230.060 Costs. The full costs of drafting and processing the development agreement shall be
reimbursed by the Applicant prior to final City Council action on the agreement to the
extent such costs exceed the initial application fee.
Part 15.200 Land Use Decisions Page 28 of 53
15.230.070 Recording.
Within thirty (30) calendar days after approval by City Council, the City shall ensure that a
development agreement is recorded with the Grant County Auditor’s Office.
Part 15.200 Land Use Decisions Page 29 of 53
Chapter 15.235
VARIANCES
Sections:
15.235.010 Administrative Variance.
15.235.020 Quasi-Judicial Variance.
15.235.030 Critical Area or Shoreline Variances.
15.235.010 Administrative Variance.
A. Permit Process Type. An Administrative Variance is a Type I Permit and must comply
with all applicable provisions of MLUDC 15.205.040 and MLUDC Chapter 15.210.
B. Administrative Variance Parameters. An Administrative Variance may be requested for
any of the following standards when the request is within the corresponding parameter.
Any request for a variance that does not fall within the following parameters is a Quasi-
Judicial Variance subject to the requirements of MLUDC 15.235.020.
1. Front Yard Setbacks. Up to a ten percent (10%) reduction to the front yard setback
standard in the applicable land use zoning district.
2. Interior Setbacks. Up to a ten percent (10%) reduction of the dimensional standards
for the side and rear yard setbacks required in the applicable land use zoning
district.
3. Lot Coverage. Up to a ten percent (10%) increase of the maximum lot coverage
required in the applicable land use zoning district.
4. Landscape Area. Up to a ten percent (10%) reduction in landscape area (overall area
or interior parking lot landscape area).
5. Building Height. Up to a ten percent (10%) increase in maximum building height in
the applicable land use zoning district, except within any land use zoning district or
overlay district with view protection regulations.
6. Parking Standards. A variance may be approved to the minimum or maximum
standards for off-street parking (quantity of parking spaces only).
C. Criteria for Approval. The Director may approve, or approve with any reasonable
conditions, an Administrative Variance only if the Applicant demonstrates all the
following:
1. The variance shall not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and zone in which the
property on behalf of which the application was filed is located – nonconforming
uses nor neighboring properties in other zoning districts shall be considered as
controlling factors for the issuance of a variance;
2. That such variance is necessary, because of special circumstances relating to the
size, shape, topography, location, or surroundings of the subject property, to
provide it with use rights and privileges permitted to other properties in the vicinity
and in the zone in which the subject property is located, provided, that the hardship
cannot be self-created by the Applicant;
3. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone in
which the subject property is situated; and
Part 15.200 Land Use Decisions Page 30 of 53
4. The variance requested is the least necessary to relieve the unusual circumstances
or conditions identified above and any impacts resulting from the variance are
mitigated to the extent practicable.
15.235.020 Quasi-Judicial Variance.
A. Permit Process Type. A Quasi-Judicial Variance is a Type III Permit and must comply with
all applicable provisions of MLUDC 15.205.070 and MLUDC Chapter 15.210.
B. Criteria for Approval. The Hearing Examiner may approve, or approve with any
reasonable conditions, a Quasi-Judicial Variance only if the Applicant demonstrates all
the following:
1. The variance shall not constitute a grant of special privilege inconsistent with the
limitation upon uses of other properties in the vicinity and zone in which the
property on behalf of which the application was filed is located – nonconforming
uses nor neighboring properties in other zoning districts shall be considered as
controlling factors for the issuance of a variance;
2. That such variance is necessary, because of special circumstances relating to the
size, shape, topography, location, or surroundings of the subject property, to
provide it with use rights and privileges permitted to other properties in the vicinity
and in the zone in which the subject property is located, provided, that the hardship
cannot be self-created by the Applicant;
3. That the granting of such variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone in
which the subject property is situated; and
4. The variance requested is the least necessary to relieve the unusual circumstances
or conditions identified above and any impacts resulting from the variance are
mitigated to the extent practicable.
C. Conditions for Approval. In approving a Quasi-Judicial Variance, the Hearing Examiner
may impose any reasonable condition that is crafted to accomplish or satisfy a criterion
for approval, or that will otherwise serve to ameliorate negative effects that the
variance may cause.
15.235.030 Critical Area or Shoreline Variances. A variance to the requirements of MLUDC Chapters
15.515 thru 15.545, Critical Areas Regulations, or 15.550, Shoreline Master Program, shall
be processed in accordance with the requirements of those Chapters.
Part 15.200 Land Use Decisions Page 31 of 53
Chapter 15.240
COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS
Sections:
15.240.010 Type of Action.
15.240.020 Applicability.
15.240.030 Initiation of Amendment to Comprehensive Plan or Development Regulations.
15.240.040 Docket of Proposed Amendments.
15.240.050 Public Notice.
15.240.060 SEPA Compliance.
15.240.070 Staff Report.
15.240.080 Planning Commission Recommendation on Docketed Amendments.
15.240.090 City Council Action on Docketed Amendments.
15.240.100 Review of Amendments to Development Regulations.
15.240.110 Appeals.
15.240.010 Type of Action. A comprehensive plan or development regulation amendment is a Type IV
legislative action and shall be considered in accordance with the procedures for such actions
as set forth in MLUDC 15.205.070, this Chapter, and the Growth Management Act, Chapter
36.70A RCW.
15.240.020 Applicability. The requirements of this Chapter shall apply to all applications or proposals
for changes to the comprehensive plan text or map designations and development
regulations, unless specifically exempted.
15.240.030 Initiation of Amendment to Comprehensive Plan or Development Regulations.
A. Application for Amendment. Any interested person, including citizens, hearing
examiners, staff of other agencies, and Planning Commission and City Council members,
may submit an application for an amendment of the comprehensive plan or a
development regulation. An application for an amendment of the comprehensive plan
that is related to a site-specific proposal must be filed by the property owner or
authorized representative.
B. When Applications May Be Submitted.
1. Comprehensive Plans. Applications for amendments to the City’s comprehensive
plan may not be considered more frequently than once every year, except: (1)
under the circumstances described in RCW 36.70A.130(2), as amended; (2) when
needed to resolve an emergency condition or situation that involves public health,
safety, or welfare and when adherence to the amendment process set forth in this
Chapter would be detrimental to the public health, safety, and welfare; or (3) to
resolve an appeal of a comprehensive plan filed with the growth management
hearings board or with the court. Except as otherwise provided in RCW
36.70A.130(2), all comprehensive plan amendments shall be considered
concurrently so that the cumulative effect of the various proposals may be
ascertained. The annual deadline for submitting applications for comprehensive
plan amendments shall be March 31st of each year, unless otherwise stated by the
City Council.
Part 15.200 Land Use Decisions Page 32 of 53
2. Development Regulations. The text of the City’s adopted development regulations
may be amended at any time; provided, that the amendment is consistent with the
City’s comprehensive plan and land use map. When inconsistent with the
comprehensive plan and land use map, the amendment shall be processed
concurrent with any necessary comprehensive plan amendments using the process
and timelines for comprehensive plan amendments in this Section.
C. Application Requirements. A complete application for an amendment to a development
regulation shall consist of the following materials. Applications that do not include the
information required in this Section shall not be processed.
1. Name, mailing address, email, and telephone number of the person, business,
agency, or other organization requesting the amendment.
2. Citation of the specific text, map, or other illustration requested to be amended.
3. The requested amendment.
4. A description of any development proposals associated with the requested
amendment, if applicable.
5. If a requested amendment is to a plan or to both a plan and a development
regulation, a statement of how the amendment (1) promotes the public health,
safety and welfare; (2) is consistent with or in conflict with other portions of the
comprehensive plan; and (3) complies with Chapter 36.70A RCW, also known as the
Growth Management Act, and the Grant County countywide planning policies.
6. If a requested amendment is only to the development regulations, a statement as to
how the amendment complies with the comprehensive plan.
7. Except for a request made by a City Department, officer, or governmental entity, a
fee in accordance with the approved fee schedule is required. All Applicants shall be
responsible for the costs of any specialized studies including, but not limited to,
traffic and transportation, critical areas and environmental impact statements
associated with their request.
8. SEPA checklist and fees.
15.240.040 Docket of Proposed Amendments.
A. Preliminary Docket. A preliminary docket shall be maintained by the Director, which
shall consist of the following:
1. All applications submitted before the March 31st deadline to amend the
comprehensive plan;
2. All amendments suggested during the year by citizens, the Planning Commission,
Hearing Examiner, City Council, staff, Departments, or other agencies.
B. Planning Commission Recommendation on Final Docket. The Planning Commission
shall hold a noticed public hearing to accept public comment regarding the suggested
amendments on the preliminary docket. Following the hearing, the Planning
Commission shall prepare a report and recommendation identifying those suggested
amendments that it is recommending for consideration by the City Council during the
annual amendment process. The Planning Commission’s recommendation shall be
based upon the perceived need, urgency, and appropriateness of each suggested
amendment. The Planning Commission’s report and recommendation shall also include
those proposed amendments resulting from its periodic assessment as applicable.
Part 15.200 Land Use Decisions Page 33 of 53
C. City Council Adoption of Final Docket. The City Council shall review and consider the
Planning Commission’ report and recommended final docket. The City Council may
adopt the Planning Commission’s recommended final docket without a public hearing;
however, in the event that a majority of the City Council decides to add or subtract
suggested amendments, it shall first hold a public hearing.
15.240.050 Public Notice.
A. General Requirements. Notice of any public hearing on an application for an
amendment to the comprehensive plan or a development regulation shall be given by
one publication in the official newspaper of the City at least fourteen (14) calendar days
prior to the date of the hearing and by posting a copy of the notice of public hearing on
the City’s website.
B. Contents. The public notice shall include the following:
1. The purpose(s) of the amendment.
2. The deadline for submitting comments on the amendment.
3. The date, time, and place of the public hearing.
C. Site Specific Proposals. For site-specific map amendments, the Applicant shall provide
public notice of the public hearing by posting a minimum of one sign or placard on the
site or a location immediately adjacent to the site that provides visibility to motorists
using adjacent streets. The Director shall establish standards for size, color, layout,
design, wording, number, placement, and timing of installation and removal of the signs
or placards. All costs associated with the public notice shall be borne by the Applicant.
15.240.060 SEPA Compliance. The Director shall be responsible for conducting SEPA review of all items
on the final docket, as required by MLUDC Chapter 15.510.
15.240.070 Staff Report. The Director shall prepare a staff report and recommendation on each
proposed amendment on the Final Docket.
15.240.080 Planning Commission Recommendation on Docketed Amendments.
A. Planning Commission Public Hearing and Recommendation. The Planning Commission
shall hold a public hearing on the applications included on the Final Docket and shall
make a recommendation to the City Council on each proposed amendment to deny,
approve, or approve with conditions or modifications, using the criteria set forth below,
as applicable.
B. Comprehensive Plan Review Criteria. The proposed amendments to the comprehensive
plan and development regulations shall be reviewed under the following criteria to
develop findings and conclusions to support a recommendation:
1. All Amendments.
a. Whether the proposed amendment(s) conform to the Growth Management Act
(Chapter 36.70A RCW);
b. Whether the proposed amendment(s) are consistent with and implement the
City’s comprehensive plan, including the goals, policies, and implementation
strategies of the various elements of the plan;
Part 15.200 Land Use Decisions Page 34 of 53
c. Whether circumstances related to the proposed amendment(s) or the area in
which it is located have substantially changed since the adoption of the City’s
comprehensive plan;
d. Whether the assumptions upon which the City’s comprehensive plan is based
are no longer valid, or whether new information is available which was not
considered during the adoption process or any annual amendments of the City’s
comprehensive plan; and
e. Whether the proposed amendment(s) will be in the interest of furtherance of
the public health, safety, comfort, convenience, and general welfare.
2. Amendments for Site-Specific Proposals. In addition to the above, any proposal for a
site-specific development or map amendment shall be reviewed under the following
criteria:
a. Whether the proposed site-specific map amendment(s) meets concurrency
requirements for transportation and does not adversely affect adopted level of
service standards for other public facilities and services (e.g., police, fire and
emergency medical services, parks, fire flow, and general governmental
services);
b. Any proposed site-specific map amendment(s) will not result in probable
significant adverse impacts to the City’s transportation network, capital
facilities, utilities, parks and environmental features that cannot be mitigated,
and will not place uncompensated burdens upon existing or planned service
capabilities;
c. Whether the subject parcels are physically suitable for the requested land use
designation and the anticipated land use development, including, but not
limited to, the following: (a) access; (b) provision of utilities; and (c)
compatibility with existing and planned surrounding land uses;
d. The proposed site-specific map amendment(s) will not create pressure to
change the land use designation of other properties, unless the change of land
use designation for other properties is in the long-term best interests of the City
as a whole;
e. The proposed site-specific map amendment(s) does not materially affect the
land use and population growth projections that are the bases of the
comprehensive plan;
f. If within an incorporated urban growth area (UGA), the proposed site specific
map amendment(s) does not materially affect the adequacy or availability of
urban facilities and services to the immediate area and the overall UGA;
g. The proposed site-specific map amendment(s) is consistent with any applicable
county-wide policies for the City and any other applicable interjurisdictional
policies or agreements, and any other local, state, or federal laws.
15.240.090 City Council Action on Docketed Amendments. The City Council will review the Planning
Commission recommendations and the criteria set forth in MLUDC 15.240.070(B) and take
action on each proposed amendment in the Final Docket. The City Council may reject or
accept in whole or part the Planning Commission’s recommendations. If the City Council
considers a change to a proposed amendment, the City Council must provide opportunity
Part 15.200 Land Use Decisions Page 35 of 53
for public review and comment on the proposed change before the City Council takes final
action. All amendments shall be approved by ordinance by the City Council.
15.240.100 Review of Amendments to Development Regulations. Applications for amendment to the
development regulations not docketed as part of the annual review of the comprehensive
plan shall be subject to the following procedures:
A. SEPA. If an application for an amendment to the development regulations is submitted
outside of the annual comprehensive plan amendment process, SEPA shall be
performed on the application as set forth in MLUDC Chapter 15.510. If applicable, the
City shall notify the Washington State Department of Commerce of its intent to adopt
the proposed amendment(s) to the comprehensive plan or development regulations at
least sixty (60) calendar days prior to final adoption.
B. Public Hearing. A public hearing shall be held before the Planning Commission with
notice provided as set forth in MLUDC 15.240.050.
C.Planning Commission Recommendation. After the public hearing, the Planning
Commission shall make a recommendation to the City Council, using the criteria set
forth in MLUDC 15.240.070(B), as applicable.
D.City Council Action. The City Council will review the Planning Commission
recommendations and the criteria set forth in MLUDC 15.240.070(B) and take action on
each proposed amendment to the development regulations. Council may reject or
accept in whole or part the Planning Commission’s recommendations. All amendments
shall be approved by ordinance by the City Council.
15.240.110 Appeals. Appeals of the City’s final decision on any amendment to the comprehensive plan
or development regulation may be filed with the Growth Management Hearings Board,
pursuant to RCW 36.70A.290.
Part 15.200 Land Use Decisions Page 36 of 53
Chapter 15.245
AREA-WIDE AND SITE-SPECIFIC REZONES
Sections:
15.245.010 Application.
15.245.020 Rezone Types.
15.245.030 Procedure.
15.245.040 Review Criteria for Area-Wide Rezones.
15.245.050 Review Criteria for Site-Specific Rezones.
15.245.010 Application. The zone classifications on the City of Moses Lake zoning map may be amended
by application for rezone. A rezone may be proposed by an Applicant under this Chapter
only where the rezone request is consistent with the Comprehensive Plan and does not
require a Comprehensive Plan amendment. A proposed rezone that requires a
Comprehensive Plan amendment is governed by MLUDC Chapter 15.240. A rezone may also
be proposed by motion of the City Council, Planning Commission, or Hearing Examiner.
15.245.020 Rezone Types. There are two types of rezones:
A. Area-Wide Rezone. Legislative approval of land reclassification in an area. An “area-
wide rezone” is a change in the Official Zoning Map
B. Site-Specific Rezone. A reclassification of a parcel of land from one zoning district to
another, allowing a change in the range of permitted uses on a specific piece of
property. A “site-specific rezone” is a change in the Official Zoning Map.
15.245.030 Procedure.
A. Area-Wide Rezone Hearing. The Planning Commission shall hold a public hearing on a
proposed Area-Wide Rezone and shall make a recommendation to the City Council
based on the criteria set forth in this Chapter.
B. Site-Specific Rezone Hearing. The Hearing Examiner shall hold a public hearing on a
proposed Site-Specific Rezone and shall make a recommendation to the City Council
based on the criteria set forth in this Chapter.
C. City Council Action. The City Council will review the recommendation of the Planning
Commission or Hearing Examiner and the criteria set forth in this Chapter and take
action on the proposed Area-Wide or Site-Specific Rezone within one hundred twenty
(120) days of the filing of a complete application as determined under MLUDC
15.210.070. All rezones shall be approved by ordinance by the City Council.
15.245.040 Review Criteria for Area-Wide Rezones. The decision an Area-Wide Rezone shall be based
on a legislative finding whether or not the proposal is consistent with and implements the
Comprehensive Plan.
15.245.050 Review Criteria for Site-Specific Rezones. The decision on a Site-Specific Rezone shall be
based on findings as they relate to the following:
A. The proposed rezone is consistent with the purpose and intent of the Comprehensive
Plan and MLUDC;
B. The proposed rezone will not adversely affect the surrounding community;
Part 15.200 Land Use Decisions Page 37 of 53
C. The rezone bears a substantial relationship to the public health, safety, or welfare of the
community; and
D. The proposed rezone:
1. Responds to a substantial change in conditions applicable to the area within which
the subject property lies;
2. Better implements applicable Comprehensive Plan policies than the current map
designation; or
3. Corrects an obvious mapping error.
Part 15.200 Land Use Decisions Page 38 of 53
Chapter 15.250
CONCURRENCY
Sections:
15.250.010 Concurrency Management Program.
15.250.020 Exemptions.
15.250.030 Concurrency Management Review.
15.250.040 Concurrency Inquiry.
15.250.050 Concurrency Review Procedures.
15.250.060 Concurrency Review Criteria.
15.250.070 Certificate of Capacity.
15.250.080 Appeal.
15.250.090 Existing Charges and Fees.
15.250.010 Concurrency Management Program.
The following public facilities are subject to the concurrency management program set forth
herein: transportation. The intent of the program is to ensure that public facilities and
services necessary to support development are adequate to serve the proposed
development at the time it is available for occupancy and use without decreasing service
levels below locally established minimum standards.
15.250.020 Exemptions.
The following applications are exempt from the requirements of this Chapter:
A. No Impact Developments. Applications for development which creates no additional
impacts on any concurrency facility or service are exempt from the requirements of this
Chapter. Such development includes, but is not limited to:
1. Any addition or accessory structure to a residence with no change in use or increase
in the number of dwelling units;
2. Interior renovations with no change in use or increase in number of dwelling units;
3. Interior completion of a structure for use(s) with the same or less intensity as the
existing use or a previously approved use;
4. Replacement structure with no change in use or increase in number of dwelling
units;
5. Temporary construction trailers;
6. Driveway resurfacing within the right-of-way, driveway or parking lot maintenance;
7. Reroofing of structures;
8. Demolitions.
B. Exempt Permits. The following development permits are exempt from the requirements
of this Chapter:
1. Boundary line adjustments;
2. Final plats, (if a concurrency test was conducted for the corresponding preliminary
plat permit);
3. Variances;
4. Shoreline substantial development permits or variances.
Part 15.200 Land Use Decisions Page 39 of 53
C. Application Filed Before the Effective Date of this Chapter. Complete development
permit applications that have been submitted before the effective date of the ordinance
codified in this Chapter are exempt from the requirements of this Chapter.
D. Pre-existing Use Rights. Development permits that were issued before the effective
date of the ordinance codified in this Chapter shall be considered to have capacity as
long as the accompanying development permit is valid. 4
E. Single-family Homes and Duplexes. Building permits for single-family homes and
duplexes are exempt from the requirements of this Chapter.
F. Interior Renovations. Interior renovations that only add one additional dwelling unit are
exempt from the requirements of this Chapter.
G. Accessory Dwelling Units. All accessory dwelling units, as defined in MLUDC Chapter
15.110 are exempt from the requirements of this Chapter.
H. Transportation Facilities and Services of Statewide Significance. See RCW
36.70A.070(6)(a)(iii)(C).
15.250.030 Concurrency Management Review.
All development permit applications are subject to a concurrency review except those set
forth in MLUDC 15.250.020. If a concurrency review is performed for a preliminary plat
application, no concurrency review shall be required for the final plat application.
15.250.040 Concurrency Inquiry.
An Applicant may inquire whether or not concurrency facilities exist without an
accompanying request for a development permit subject to the payment of an application
fee. Any available capacity cannot be reserved. A certificate of capacity will only be issued in
conjunction with a development permit approval as set forth in MLUDC 15.250.070.
15.250.050 Concurrency Review Procedures.
A. Applicant’s Role. The Applicant shall provide the City with information necessary to
complete the concurrency evaluation on the proposed development. It shall be the
responsibility of the Applicant to provide studies, surveys, traffic studies, engineering
review, or any other items determined to be necessary for an accurate concurrency
evaluation.
B. Department’s Role. The concurrency review will be performed during the processing of
the underlying development permit. The Department shall provide the overall
coordination of the concurrency review by notifying the facility and service providers,
including but not limited to the Public Works Department, of all applications requiring a
concurrency review. The Department shall also notify the facility and service providers
of any expired or extended development permits.
C. Service Provider’s Role. All facility and service providers shall be responsible for
maintaining and monitoring their available and planned capacity by conducting the
concurrency review, for their individual facility, for all applications requiring a
concurrency review as set forth in MLUDC 15.250.030; reserving the capacity needed for
each application; accounting for the capacity for each exempted application which uses
capacity as set forth in MLUDC 15.250.020(C), (D), (E), (F), and (G); notifying the
Department of the results of the reviews; and reinstating any capacity for an expired
Part 15.200 Land Use Decisions Page 40 of 53
development permit, or other action resulting in an Applicant no longer needing
capacity which has been reserved. Facility and service providers shall annually report to
the Department the total available and planned capacity of their facility or services as of
the end of each calendar year.
15.250.060 Concurrency Review Criteria.
A. Concurrency Standard. Development applications that would result in a reduction of a
level of service below the minimum level of service standard shall not be approved. For
transportation, available and planned capacity will be used in conducting the
concurrency test.
B. Sufficient Capacity Result. If the capacity of concurrency facilities is equal to or greater
than the capacity required to maintain the level of service standard for the impact from
the development application, the concurrency test is passed. A certificate of capacity
will be issued according to the provisions of MLUDC 15.250.070.
C. Insufficient Capacity Result. If the capacity of concurrency facilities is less than the
capacity required to maintain the level of service standard for the impact from the
development application, the concurrency test is not passed. The Applicant may:
1. Modify the application to reduce the need for concurrency facilities that do not
exist;
2. Demonstrate to the service provider’s satisfaction that the development will have a
lower need for capacity than usual and, therefore, capacity is adequate;
3. Arrange with the service provider for the provision of the additional capacity of
concurrency facilities required, including but not limited to the construction of
improvements needed to serve the proposed development; or
4. Appeal the results of the concurrency test to the Hearing Examiner in accordance
with MLUDC 15.250.080 and the provisions of MLUDC Chapter 15.215.
15.250.070 Certificate of Capacity.
A. Issuance. A certificate of capacity shall be issued at the same time the development
permit is issued and upon payment of any fee or performance of any condition required
by a service or facility provider.
B. Non-Transferable. A certificate of capacity shall apply only to the specific land uses,
densities, intensities, and development project described in the application and
development permit. A certificate of capacity is not transferable to other land, but may
be transferred to new owners of the original land.
C. Expiration. A certificate of capacity shall expire if the accompanying development
permit expires or is revoked. A certificate of capacity may be extended according to the
same terms and conditions as the accompanying development permit. If the
development permit is granted an extension, so shall the certificate of capacity. If the
accompanying development permit does not expire, the certificate of capacity shall be
valid for three years from issuance of the certificate.
D. Unused Capacity. Any capacity that is not used because the Applicant decides not to
develop or the accompanying development permit expires shall be returned to the pool
of available capacity.
Part 15.200 Land Use Decisions Page 41 of 53
E. Change in Proposed Development. Any change in the proposed development requiring
the submittal of a new or amended development application shall require a new
concurrency review based on the new or amended development application.
15.250.080 Appeal.
An Applicant may, within ten (10) calendar days of the date of denial of a certificate of
concurrency, appeal the denial in accordance with MLUDC Chapter 15.215 on the following
grounds:
A.The City committed a technical or mathematical error; or
B.The Applicant provided alternative data that was rejected by the City.
15.250.090 Existing Charges and Fees. Facility and service providers may continue to charge fees based
on their existing fee schedules. This Chapter does not independently authorize the
collection of any new fees.
Part 15.200 Land Use Decisions Page 42 of 53
Chapter 15.255
FIRE IMPACT FEES
Sections:
15.255.010 Findings and Authority.
15.255.020 Assessment of Impact Fees.
15.255.030 Collection of Impact Fees.
15.255.040 Independent Fee Calculations.
15.255.050 Exemptions.
15.255.060 Fire Impact Fees Relating to Change of Use.
15.255.070 Adjustments.
15.255.080 Establishment of Impact Fee Accounts.
15.255.090 Refunds.
15.255.100 Reserved.
15.255.110 Use of Funds.
15.255.120 Review of Schedule, Fee Increases, and Ordinance.
15.255.130 Appeals.
15.255.140 Responsibility for Payment of Fees.
15.255.150 Existing Authority Unimpaired.
15.255.160 Fire Impact Fee Schedule.
15.255.170 Administrative Fees.
15.255.010 Findings and Authority. The City Council finds and determines that new growth and
development in the City, including but not limited to new residential, commercial, retail,
office, and industrial development, will create additional demand and need for fire
protection facilities in the City and the Council finds that new growth and development
should pay a proportionate share of the cost of fire protection facilities needed to serve the
new growth and development. The City has conducted a study documenting the procedures
for measuring the impact of new developments on fire protection facilities. This study has
contributed to the rates established in the fee schedule of the City of Moses Lake. The City
has prepared a Capital Facilities Plan documenting the impact of new development within
the City. The City Council accepts the methodology and data contained in the Capital
Facilities Plan. Therefore, pursuant to Chapter 82.02 RCW, the City Council adopts this
Chapter to assess impact fees for new fire protection facilities within the City. The provisions
of this Chapter shall be liberally construed in order to carry out the purposes of the Council
in establishing the impact fee program.
15.255.020 Assessment of Impact Fees.
A. Service Area. The City shall collect impact fees, based on the fee schedule in Section
15.255160, from any Applicant seeking a building permit from the City. The City hereby
establishes, as the service area for impact fees, the City of Moses Lake, including all
property located within the corporate City limits and all property annexed into the City.
The scope of the service area is hereby found to be reasonable and established based on
sound planning and engineering principles, and consistent with RCW 82.02.060, as
described in the rate study.
Part 15.200 Land Use Decisions Page 43 of 53
B. Timing of Collection. All impact fees shall be collected from the Applicant prior to
issuance of the building permit based on the land use categories in MLUDC 15.255.160.
Unless the use of an independent fee calculation has been approved by the Director, or
unless a development agreement entered into pursuant to RCW 36.70B.170 provides
otherwise, the fee shall be calculated based on the impact fee schedule in effect at the
time a complete building permit application is filed.
C. Applicant Information. The Applicant shall submit all information requested by the
Department for purposes of determining the impact fee rate pursuant to MLUDC
15.255.040
D. Mixed Use. For mixed use buildings or developments, impact fees shall be imposed for
the proportionate share of each land use based on the applicable unit of measurement
found on the Citywide fee schedule.
E. New Subdivisions. For building permits within new subdivisions approved under MLUDC
Chapter 15.315, a credit shall be applied for any dwelling unit that exists on the land
within the subdivision prior to the subdivision if the dwelling unit is demolished. The
credit shall apply to the first complete building permit application submitted to the City
subsequent to demolition of the existing dwelling unit, unless otherwise allocated by
the Applicant of the subdivision as part of approval of the subdivision.
F. Single-Family. At the time of issuance of any single-family detached or attached
residential building permit, the Applicant may elect to have the impact fee payment
deferred until the building permit is completed or eighteen (18) months after issuance
of the building permits, whichever occurs first. The impact fee due and owing per
subsection C of this section shall be paid prior to building permit final inspection,
building permit final occupancy, or eighteen (18) months after the date of building
permit issuance, whichever is applicable. Applicants electing to use this deferred impact
fee process shall grant and record a deferred impact fee lien against the property
pursuant to RCW 82.02.050 and pay an administration fee with each respective building
permit prior to issuance of such building permit. Deferral Applicants are limited to
twenty (20) deferrals annually.
G. Credit Request. Applicants may request that a credit(s) for impact fees be awarded for
the value of any dedication of land for, improvement to, or new construction of any
system improvements provided by the developer, to facilities that are identified in the
City’s Capital Facilities Plan and that are required by the City as a condition of approving
the development.
H. Issuance of Building Permit. Except as otherwise provided in this section, the City shall
not issue any building permit unless and until the impact fee has been paid.
I. Development Agreement. The payment of impact fees may be delayed through a
development agreement approved by the City Council pursuant to Chapter 36.70B RCW
and MLUDC Chapter 15.230, provided the following criteria are met:
1. Payment of fees may be delayed to no later than issuance of the certificate of
occupancy;
2. The development agreement shall provide mechanisms, such as withholding of the
certificate of occupancy and/or property liens, to assure that the City will collect the
deferred fees;
Part 15.200 Land Use Decisions Page 44 of 53
3. The delay shall not reduce the availability of funds to implement the City’s adopted
capital improvement program in a timely manner; and
4. Projects must provide significant public benefit, including but not limited to:
a. Projects that implement adopted City Council goals;
b. Projects with economic benefit to the City;
c. Projects that involve partnerships with other governmental agencies; and
d. Projects that include affordable housing as defined by the MLUDC.
15.255.030 Collection of Impact Fees.
A. Fire Impact Fees.
1. Applicability. The City shall collect impact fees, based on the rates in the City of
Moses Lake Fee Schedule, from any Applicant seeking development approval from
the City for any development activity within the City, when such development
activity requires the issuance of a building permit or a permit for a change in use,
and creates a demand for additional public facilities.
2. Fire Impact Fee Basis and Amount. The maximum allowable fees shall be based on
the fire Capital Facilities Plan and the rate study developed by the Department,
approved by the Council, and adopted by the City as part of the capital facilities
element of the City’s Comprehensive Plan and as a fire impact fee Rate Study. The
rates to be charged are listed in the City of Moses Lake Fee Schedule.
B. Changes in Use or Tenancy. When an impact fee applies to a change of use permit, the
impact fee shall be the applicable impact fee for the land use category of the new use,
less any impact fee previously paid for the land use category of the prior use. For the
purposes of this provision, a change of use should be reviewed based on the land use
category provided in the Rate Study that best captures the broader use of the property
under development. Changes in use or tenancy, if consistent with the general character
of the building or building aggregations (i.e., “industrial park,” or “specialty retail”)
should not be considered a change in use that is subject to an impact fee. Further, minor
changes in tenancies that are consistent with the general character of the included
structure, building, or previous use should not be considered changes in use subject to
an impact fee. If no impact fee was paid for the prior use, the impact fee for the new
use shall be reduced by an amount equal to the current impact fee rate for the prior
use. Vacant buildings shall be assessed as if in the most recent legally established use as
shown on a locally owned business license or development permit documents.
C. Mixed Use. For mixed use developments, impact fees shall be imposed for the
proportionate share of each land use, based on the applicable measurement in the
impact fee rates in the City of Moses Lake Fee Schedule.
D. Timing of Assessment and Collection. Impact fees shall be determined at the time the
complete application for a building permit or a permit for a change in use is submitted
using the impact fees then in effect. A complete application shall be determined
pursuant to MLUDC 15.210.040. Impact fees shall be due and payable before the
building permit or permit for a change of use is issued by the City. Except if otherwise
exempt, the City shall not issue the required building permit unless or until the fire
impact fees are paid.
Part 15.200 Land Use Decisions Page 45 of 53
E. Documentation of Credit Required. Fee payers allowed credits prior to the submittal of
the complete building permit application or an application for a permit for a change of
use shall submit, along with the complete application, a copy of the letter prepared by
the Director, or Fire Department official setting forth the dollar amount of the credit
allowed. Impact fees, as determined after the application of any credits, shall be
collected from the fee payer no later than the time a building permit or permit for a
change of use is issued.
15.255.040 Independent Fee Calculations.
A. If, in the judgment of the Director, none of the fee categories or fee amounts set forth in
the fee schedule accurately describes the impacts resulting from issuance of the
proposed building permit, the Applicant shall provide to the Department for its review
and evaluation an independent fee calculation, paid for by the Applicant. The Director
may impose on the proposed building permit an alternative impact fee based on the
independent fee calculation. With the independent fee calculation, the Applicant shall
pay to the Department an administrative processing fee provided for on the Citywide
fee schedule.
B. If an Applicant requests not to have the impact fees determined according to the fee
schedule, then the Applicant shall submit to the Director an independent fee
calculation, paid for by the Applicant, for the building permit. The independent fee
calculation shall show the basis upon which it was made. With the request, the
Applicant shall pay to the Department the administrative processing fee of five hundred
dollars ($500) unless a different fee is provided for on the Citywide fee schedule.
C. An Applicant may request issuance of a building permit prior to completion of an
independent fee study; provided, that the impact fee is collected based on the fee
schedule in MLUDC 15.255.160. A partial refund may be forthcoming if the fee collected
exceeds the amount determined in the independent fee calculation and the Department
agrees with the independent fee calculation.
D. While there is a presumption that the calculations set forth in the Capital Facilities Plan
used to prepare the fee schedule are correct, the Director shall consider the
documentation submitted by the Applicant but is not required to accept such
documentation which the Director reasonably deems to be inaccurate or not reliable,
and may, in the alternative, require the Applicant to submit additional or different
documentation. The Director is authorized to adjust the impact fee on a case-by-case
basis based on the independent fee calculation, the specific characteristics of the
building permit, and/or principles of fairness.
E.Determinations made by the Director pursuant to this section may be appealed to the
Hearing Examiner subject to the procedures set forth in MLUDC Chapter 15.215.
15.255.050 Exemptions.
A. The following building permit applications shall be exempt from impact fees:
1. Replacement of a structure with a new structure of the same gross floor area at the
same site or lot when such replacement occurs within five (5) years of the
demolition or destruction of the prior structure. For replacement of structures in a
new subdivision, see MLUDC 15.255.020(E).
Part 15.200 Land Use Decisions Page 46 of 53
2. Replacement, alteration, expansion, enlargement, remodeling, rehabilitation, or
conversion of an existing dwelling unit where no additional units are created and
the work does not change the type of dwelling units.
3. Any building permit for a legal accessory dwelling unit approved under Section
18.20.055, as it is considered part of the single-family use associated with this fee.
4. Alteration of an existing nonresidential structure that does not expand the usable
space.
5. Miscellaneous improvements, including but not limited to fences, walls, swimming
pools, mechanical units, and signs.
6. Demolition or moving of a structure.
7. Low-Income Housing
a. Any Applicant for the construction or creation of low-income housing may
request an exemption of eighty percent (80%) of the required impact fee for
low-income housing units subject to the criteria in subsection (A)(7)(c) of this
section.
b. Any Applicant for an exemption from the impact fees which meets the criteria
set forth in subsection (A)(7)(c) of this section shall apply to the City Manager
for an exemption. The application shall be on forms provided by the City and
shall be accompanied by all information and data the City deems necessary to
process the application.
c. To be eligible for the impact fee exemption established by this section, the
Applicant shall meet each of the following criteria:
i. The Applicant must be proposing a greater number of low-income housing
units or a greater level of affordability for those units than is required by the
MLUDC or the Moses Lake Municipal Code. The allowed exemption shall
only apply to those low-income units in excess of the minimum required by
code unless the development will be utilizing public assistance targeted for
low-income housing.
ii. The Applicant must demonstrate to the City Manager’s satisfaction that the
amount of the impact fee exemption is justified based on the additional
affordability provided above that required by code and is necessary to make
the project economically viable.
iii. The proposed housing must meet the goals and policies set forth in Chapter
4 of the City of Moses Lake Comprehensive Plan.
d. The City Manager shall review applications for exemptions under subsection
(A)(7)(a) of this section pursuant to the above criteria and shall advise the
Applicant, in writing, of the granting or denial of the application. In addition, the
City Manager shall notify the City Council when such applications are granted or
denied.
e. The determination of the City Manager shall be the final decision of the City
with respect to the applicability of the low-income housing exemption set forth
in this subsection.
f. Any claim for exemption must be made before payment of the impact fee. Any
claim not so made shall be deemed waived. The claim for exemption must be
accompanied by a draft lien and covenant against the property guaranteeing
Part 15.200 Land Use Decisions Page 47 of 53
that the low-income housing use will continue. Before approval of the
exemption, the Department shall approve the form of lien and covenant, which
shall, at a minimum, meet the requirements of RCW 82.02.060. Prior to issuance
of a certificate of occupancy for any portion of the development, the Applicant
shall execute and record the approved lien and covenant with the Grant County
Auditor’s Office. The lien and covenant shall run with the land. In the event the
property is no longer used for low-income housing, the current owner shall pay
the current impact fee plus interest to the date of the payment.
8. Community-Based Human Service Agency Development.
a. Development activities of community-based human services agencies which
meet the human services needs of the community such as providing
employment assistance, food, shelter, clothing, or health services for low- and
moderate-income residents.
b. Any Applicant for an exemption from the impact fee which meets the criteria
set forth in subsection (A)(8)(c) of this section shall apply to the City Manager
for an exemption. The application shall be on forms provided by the City and
shall be accompanied by all information and data the City deems necessary to
process the application.
c. Exemption Criteria. To be eligible for the impact fee exemption established by
this section, the Applicant shall meet each of the following criteria:
i. The Applicant must have secured federal tax-exempt status under Section
501(c)(3) of the Internal Revenue Code.
ii. The Applicant’s services must be responsive to the variety of cultures and
languages that exist in the City.
iii. The Applicant must provide services and programs to those considered
most vulnerable and/or at risk, such as youth, seniors, and those with
financial needs, special needs, and disabilities.
iv. The Applicant’s services must meet the human services goals and policies
set forth in the City of Moses Lake Comprehensive Plan.
v. The Applicant shall certify that no person shall be denied or subjected to
discrimination in receipt of the benefit of services and programs provided
by the Applicant because of sex, marital status, sexual orientation, race,
creed, color, national origin, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service animal by a
person with a disability.
vi. The Applicant must provide direct human services at the premises for which
the Applicant is seeking exemption.
d. The City Manager shall review applications for exemptions under subsection
(A)(8)(a) of this section pursuant to the above criteria and shall advise the
Applicant, in writing, of the granting or denial of the application. In addition, the
City Manager shall notify the City Council when such applications are granted or
denied.
e. The determination of the City Manager shall be the final decision of the City
with respect to the applicability of the community-based human services
exemption set forth in this subsection.
Part 15.200 Land Use Decisions Page 48 of 53
f. Any claim for exemption must be made before payment of the impact fee. Any
claim not so made shall be deemed waived. The claim for exemption must be
accompanied by a draft lien and covenant against the property guaranteeing
that the human services use will continue. Before approval of the exemption,
the Department shall approve the form of lien and covenant. Within ten (10)
days of approval, the Applicant shall execute and record the approved lien and
covenant with the Grant County Auditor’s Office. The lien and covenant shall
run with the land. In the event the property is no longer used for human
services, the current owner shall pay the current impact fee plus interest to the
date of the payment.
g. The amount of impact fees not collected from human services agencies
pursuant to this exemption shall be paid from public funds other than the
impact fee account.
9. Buildings or structures constructed as shelters that provide emergency housing for
people experiencing homelessness and emergency shelters for victims of domestic
violence as defined by state law.
10. Fire stations and fire protection facilities.
11. A development permit for a City project.
B. Unless otherwise established in this section, the Director shall be authorized to
determine whether a particular development for a proposed building permit falls within
an exemption of this Chapter or in the MLUDC. Determinations of the Director shall be
subject to the appeals procedures set forth in MLUDC 15.255.130.
15.255.060 Fire Impact Fees Relating to Change of Use. The City shall not impose fire impact fees to the
extent the assessment of the fee is the result of a change to a land use category that results
in a higher fee than the fee schedule; provided, that this section shall not apply to a project:
A. To the extent the project will add, increase, or expand the gross floor area of an existing
building; or
B. For which a certificate of occupancy has been issued and the impact fees have been
paid, but the tenant land use is changed before the space is occupied; and
C.Provided further, that this section applies only to the use, renovation, or remodeling of
existing structures, and does not apply to redevelopment projects or other projects in
which existing structures are replaced or substantially redeveloped.
15.255.070 Adjustments. Pursuant to and consistent with the requirements of RCW 82.02.060, the
City’s Capital Facilities Plan has provided adjustments for past and future taxes paid or to be
paid by the new development which are earmarked or pro-ratable to the same new system
improvements that will serve the new development. The Citywide fee schedule is
reasonably adjusted each year for taxes and other revenue sources that are anticipated to
be available to fund system improvements.
15.255.080 Establishment of Impact Fee Accounts.
A.An impact fee account is established for the fees collected pursuant to this Chapter and
shall be entitled the “Fire Impact Fee Account.” Impact fees shall be earmarked
specifically and deposited in the special interest-bearing account. Funds withdrawn from
Part 15.200 Land Use Decisions Page 49 of 53
this account shall be used in accordance with the provisions of MLUDC 15.255.110.
Interest earned on impact fees shall be retained in the account and expended for the
purpose for which the impact fees were collected.
B. On an annual basis, the Finance Director shall provide a report to the Council on the
account showing the source and amount of all moneys collected, earned, or received,
and system improvements that were financed in whole or in part by impact fees.
C. Impact fees shall be expended or encumbered within ten (10) years of receipt, unless
the Council identifies in written findings an extraordinary and compelling reason or
reasons for the City to hold the fees beyond the ten (10) year period pursuant to RCW
82.02.070(3). Under such circumstances, the Council shall establish the period of time
within which the impact fees shall be expended or encumbered.
15.255.090 Refunds.
A. If the City fails to expend or encumber the impact fees within ten (10) years of payment
(or where extraordinary or compelling reasons exist, such other time periods as
established pursuant to MLUDC 15.255.080), the current owner of the property for
which impact fees have been paid may receive a refund of the fee. In determining
whether impact fees have been expended or encumbered, impact fees shall be
considered expended or encumbered on a first-in, first-out basis.
B. The City shall notify potential claimants by first class mail deposited with the United
States Postal Service at the last known address of such claimants.
C. Property owners seeking a refund of impact fees must submit a written request for a
refund of the fees to the Director within one (1) year of the date the right to claim the
refund arises or the date that notice is given, whichever is later.
D. Any impact fees for which no application for a refund has been made within the one (1)
year period shall be retained by the City and expended on the appropriate public
facilities.
E. Refunds of impact fees under this Chapter shall include any interest earned on the
impact fees by the City.
F. If the City terminates the impact fee program, all unexpended or unencumbered funds,
including interest earned, shall be refunded pursuant to this Chapter. The City shall
publish notice of the termination and the availability of refunds in a newspaper of
general circulation at least two (2) times and shall notify all potential claimants by first
class mail to the last known address of the claimants. All funds available for refund shall
be retained for a period of one (1) year after the second publication. At the end of one
(1) year, any remaining funds shall be retained by the City, but must be expended for
the appropriate public facilities. This notice requirement shall not apply if there are no
unexpended or unencumbered balances within the account.
G. The City shall refund the impact fee paid plus interest to the current owner of property
for which the impact fee had been paid, if the development was never completed or
occupied; provided, that if the City expended or encumbered the impact fee in good
faith prior to the application for a refund, the Director may decline to provide the
refund. If, within a period of three (3) years, the same or subsequent owner of the
property proceeds with the same or substantially similar development, the owner can
petition the Director for an offset. The petitioner shall provide receipts of impact fees
Part 15.200 Land Use Decisions Page 50 of 53
previously paid for a development of the same or substantially similar nature on the
same property or some portion thereof. The Director shall determine whether to grant
an offset, and the determinations of the Director may be appealed pursuant to the
procedures in MLUDC 15.255.130.
15.255.100 Reserved.
15.255.110 Use of Funds.
A. Pursuant to this Chapter, impact fees may be spent for fire protection facilities and fire
protection system improvements that will reasonably benefit the new development,
including, but not limited to, architectural and/or engineering design studies, land
surveys, land acquisition, engineering, permitting, financing, administrative expenses,
relocatable facilities, capital equipment, construction, site improvements, necessary off-
site improvements, applicable impact fees or mitigation costs and other expenses which
could be capitalized, and which are consistent with the City’s Capital Facilities Plan.
B. Impact fees shall be expended or encumbered on a first-in, first-out basis.
C. Impact fees may be used to recoup costs for system improvements previously incurred
by the City to the extent that new growth and development will be served by the
previously constructed system improvements.
D. In the event that bonds or similar debt instruments are or have been issued for the
advanced provision of system improvements, impact fees may be used to pay debt
service on such bonds or similar debt instruments to the extent that system
improvements provided are consistent with the requirements of this Chapter and are
used to serve the new development.
15.255.120 Review of Schedule, Fee Increases, and Ordinance.
A. The fee schedule will be amended to reflect changes to the Capital Facilities Plan
incorporated and adopted by the Comprehensive Plan. Amendments to the schedule for
this purpose shall be adopted by the Council.
B. The fee schedule shall be indexed to provide for an automatic fee increase each January
1st beginning in the year 2025. The June-to-June West Census Region Consumer Price
Index (CPI-W) will be used to determine the increase in fees for each year to reflect
increased project costs. In the event that the fees are increased during the preceding
calendar year due to changes to the Capital Facilities Plan pursuant to subsection A of
this section, the fees will not be indexed the following January. The Finance Director
shall compute the fee increase and the new schedule shall become effective
immediately after the annual fee increase calculation.
C. A new rate study shall be updated every three (3) years, unless the City determines that
circumstances do not warrant an update.
D. Council shall review the efficacy of this Chapter every three (3) years to determine
whether any changes are needed.
15.255.130 Appeals.
A. An appeal of an impact fee imposed on a building permit may only be filed by the
Applicant of the building permit for the subject property. An Applicant may either file an
Part 15.200 Land Use Decisions Page 51 of 53
appeal and pay the impact fee imposed by this Chapter under protest or appeal the
impact fee before issuance of the building permit. No appeal may be filed after the
impact fee has been paid and the building permit has been issued.
B. An appeal shall be filed with the Hearing Examiner on the following determinations of
the Director:
1. The applicability of the impact fees to a given building permit pursuant to MLUDC
15.255.020 and 15.255.040;
2. The decision on an independent fee calculation in MLUDC 15.255.040; or
3. Any other determination which the Director is authorized to make pursuant to this
Chapter.
C. An appeal, in the form of a letter of appeal, along with the required appeal fee, shall be
filed with the Department for all determinations by the Director, prior to issuance of a
building permit. Appellant has the burden of proof with respect to the points raised on
appeal and has the burden of establishing that the Director’s determination is not
supported by a preponderance of the evidence or was clearly erroneous. The letter
must contain the following:
1. A basis for and arguments supporting the appeal; and
2. Technical information and specific data supporting the appeal.
D. The fee for filing an appeal shall be set forth in the adopted Moses Lake Fee Schedule.
E. Within twenty-eight (28) calendar days of the filing of the appeal, the Director shall mail
to the Hearing Examiner the following:
1. The appeal and any supportive information submitted by the Applicant;
2. The Director’s determination along with the record of the impact fee determination
and, if applicable, the independent fee calculation; and
3. A memorandum from the Director analyzing the appeal.
F. The Hearing Examiner shall review the appeal from the Applicant, the Director’s
memorandum, and the record of determination from the Director. No oral testimony
shall be given, although legal arguments may be made. The determination of the
Director shall be accorded substantial weight.
G. The Hearing Examiner is authorized to make findings of fact and conclusions of law
regarding the decision. The Hearing Examiner may, so long as such action is in
conformance with the provisions of this Chapter, reverse or affirm, in whole or in part,
or modify the determination of the Director, and may make such order, requirements,
decision or determination as ought to be made, and to that end shall have the powers
which have been granted to the Director by this Chapter. The Hearing Examiner’s
decision shall be final.
H. The Hearing Examiner shall distribute a written decision to the Director within fifteen
(15) business days.
I. The Department shall distribute a copy of the Hearing Examiner’s decision to the
appellant within five (5) business days of receiving the decision.
J. In the event the Hearing Examiner determines that there is a flaw in the impact fee
program, that a specific exemption per MLUDC 15.255.050 should be awarded on a
consistent basis, or that the principles of fairness require amendments to this Chapter,
the Hearing Examiner may advise the Council as to any question or questions that the
Part 15.200 Land Use Decisions Page 52 of 53
Hearing Examiner believes should be reviewed as part of the Council’s review of the fee
schedule as provided by Section MLUDC 15.255.120.
K. The Hearing Examiner’s final decision is subject to appeal to the Superior Court of the
state of Washington, Grant County, pursuant to the rules and regulations set forth in the
Land Use Petition Act, Chapter 36.70C RCW.
15.255.140 Responsibility for Payment of Fees.
A. The building permit Applicant is responsible for payment of the fees authorized by this
Chapter in connection with a building permit application.
B. In the event that a building permit is erroneously issued without payment of the fees
authorized by this Chapter, the Building Official may issue a written notice to the
property owner and occupant advising them of the obligation to pay the fees authorized
by this Chapter. Such notice shall include a statement of the basis under which the fees
under this Chapter are being assessed, the amount of fees owed, and a statement that
the property owner or occupant may appeal the fee determination within twenty (20)
calendar days of the date the notice was issued. Any appeals of such a fee
determination shall be processed in accordance with the procedures set forth in MLUDC
15.255.130.
C. If a property owner or occupant fails to appeal the issuance of a fee notice under
subsection (B) of this section, or if the property owner or occupant’s appeal is
unsuccessful, the City is authorized to institute collection proceedings for the purpose of
recovering the unpaid impact fees.
15.255.150 Existing Authority Unimpaired. Nothing in this Chapter shall preclude the City from
requiring the Applicant for a building permit to mitigate adverse environmental impacts of a
specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW,
based on the environmental documents accompanying the underlying development
approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided,
that the exercise of this authority is consistent with the provisions of RCW 82.02.050(1)(c).
15.255.160 Fire Impact Fee Schedule. The following descriptions will be listed on the Citywide fee
schedule to represent the City’s determination of the appropriate share of system
improvement costs to be paid by new growth and development. The impact listed below is
based on the City’s latest fire rate study. The fees shall be assessed against all new
development based on development type in an amount provided for in the Rate Study for
Impact Fees for Fire Protection, which is filed in the office of the City Clerk and incorporated
herein by this reference as if set forth in full. As authorized under MLUDC 15.244.120(B), the
schedule may automatically increase each January 1st based on the June-to-June West
Census Region Consumer Price Index (CPI-W).
Fire Impact Fee Schedule
Commercial Per Square Foot
Office and Industrial Per Square Foot
Schools Per Square Foot
Health Care Per Square Foot
Part 15.200 Land Use Decisions Page 53 of 53
Government Per Square Foot
Single-Family Per Dwelling Unit
Multifamily Per Dwelling Unit
15.255.170 Administrative Fees.
A. Account Established. The cost of administering the fire impact fee program includes an
amount equal to five percent (5%) of the amount of the total fire impact fee determined
from the base fees. Administrative fees shall be deposited into a separate administrative
fee account within the impact fee account(s). Administrative fees shall be used to defray
the actual costs associated with the assessment, collection, administration, and update
of the impact fees.
B. Refunds, Waivers, and Credits. Administrative fees shall not be refundable, shall not be
waived, and shall not be credited against the impact fees.
Part 15.300 LAND DIVISION
Chapter 15.305 GENERAL PROVISIONS
Chapter 15.310 SUBDIVISIONS
Chapter 15.315 BOUNDARY LINE ADJUSTMENT AND LOT CONSOLIDATION
Chapter 15.320 BINDING SITE PLAN
Chapter 15.325 IMPROVEMENTS
Chapter 15.330 OPEN AND RECREATION SPACE
Part 15.300 LAND DIVISION Page 2 of 33
Chapter 15.305
GENERAL PROVISIONS
Sections:
15.305.010 Purpose.
15.305.020 Lot of Record Determination.
15.305.030 Land Division Categories.
15.305.040 Exemptions.
15.305.050 Water Rights.
15.305.010 Purpose. Regulations related to the municipal approval or disapproval of land divisions or
dedications are established by this Part. The Director is designated and assigned the
administrative and coordinating responsibilities contained in this Part, pursuant to the laws
of the State as amended. Subdivision is a mechanism by which to divide land into lots, parcels,
sites, units, plots, condominiums, tracts, or interests for the purpose of sale. The purpose of
this Part is to:
A.Establish the authority and procedures for segregating land in the City of Moses Lake.
B.Define and regulate divisions of land that are exempt from the short subdivision or
subdivision requirements.
C.Ensure consistency with and implement the Moses Lake Comprehensive Plan as amended
in accordance with the Washington State Growth Management Act, Chapter 36.70A RCW.
D.Require uniform monumenting of land subdivisions and conveyance by accurate legal
description.
E.Protect and preserve the public health, safety, and general welfare in accordance with
the standards established by the City and the State of Washington.
F.Ensure consistency with Chapter 58.17 RCW.
15.305.020 Lot of Record Determination. A lot of record determination is a Type I process. No
development is allowed outside of a lot of record.
A. Determination. An Applicant may request that the Director determine whether a lot was
created consistent with applicable state and local law. The Applicant shall demonstrate
to the satisfaction of the Director that a lot was created in compliance with applicable
state and local land segregation statutes or codes in effect at the time the lot was created
and may be required to submit a title report including chain of title evidence. Once the
Director has determined that the lot is a lot of record, the Department shall continue to
acknowledge the lot as such.
B. Lot of Record. “Lot of record” means any lot, tract, or parcel that meets one of the
following criteria:
1. A tax parcel that existed as of October 19, 1976; except for those tax parcels which
are identified as being created for tax purposes such as senior exemptions, mortgage
segregations, and partial interests;
2. A lot created by a major subdivision, short subdivision, or binding site plan;
3. A lot which has been amended but not eliminated via a recorded boundary line
adjustment application approved by the City of Moses Lake;
4. A lot or parcel created by intervening ownership, i.e., public right-of-way or Moses
Lake water body;
Part 15.300 LAND DIVISION Page 3 of 33
5. An exempt lot or parcel established in conformance with the requirements of RCW
58.17.040, and the rules and regulations in place at the time of creation. In general,
these provisions include: divisions of land by testamentary provisions or the laws of
descent; cemetery or burial plot while used for that purpose; exempt parcel transfers;
and exempt divisions for electric utility facilities when used as such;
6. An improved parcel that has previously transferred ownership prior to October 19,
1976;
7. A lot created by court order; or
8. A tax parcel may contain multiple lots of record if any of the following provisions
apply:
a. The tax parcel contains multiple tax parcels identified under subsection A of this
section;
b. Lots of record combined by the Grant County assessor’s office under one tax
parcel number are considered separate lots of record;
c. The tax parcel contains lots that were created in conformance with the provisions
of Code and platting regulations in effect on October 20, 1976, or as amended
thereafter;
d. The tax parcel contains multiple platted lots;
e. The tax parcel contains portions of platted lots, as shown on the last recorded
deed prior to October 20, 1976;
f. That the last recorded deed or deeds, filed prior to October 20, 1976, each
describe separate portions of the tax parcel; or
g. The legal description contains noncontiguous parcels.
C. Building Site. A determination of a lot of record shall not be construed as a guarantee
that the lot constitutes a building site as defined by the MLUDC.
15.305.030 Land Division Categories.
A. Short Subdivision. A subdivision of nine or fewer lots. See MLUDC Chapter 15.310.
B. Major Subdivision. A subdivision of ten or more lots. See MLUDC Chapter 15.310.
C. Boundary Line Adjustment. A minor reorientation of a lot line between existing lots to
correct an encroachment by a structure or improvement to more logically follow
topography or other natural features, or for other good cause, which results in no more
lots than existed before the boundary line adjustment. A boundary line adjustment may
also include an extinguishment of an existing lot line resulting in the merger of two (2) or
more lots into a single lot of record. See MLUDC Chapter 15.315.
D. Binding Site Plan. A land division for commercial, industrial, and condominium
ownership. See MLUDC Chapter 15.320.
15.305.040 Exemptions. This Part shall not apply to the divisions listed in RCW 58.17.040, except
boundary line adjustments shall be approved in accordance with MLUDC Chapter 15.315. The
exemptions provided herein shall not be construed as exemptions from compliance with all
other applicable standards required by the City and State.
Part 15.300 LAND DIVISION Page 4 of 33
Chapter 15.310
SUBDIVISIONS
Sections:
15.310.010 Preliminary Subdivision Application
15.310.020 Preliminary Subdivision Approval Process.
15.310.030 Preliminary Subdivision Approval Criteria.
15.310.040 Term of Preliminary Subdivision Approval – Extensions.
15.310.050 Alteration of Preliminary Subdivision.
15.310.060 Final Subdivision Application.
15.310.070 Final Subdivision Approval Process.
15.310.080 Subdivision Design and Development Standards.
15.310.090 Phasing of Subdivision.
15.310.100 Subdivision and Block Structure Standards.
15.310.110 Flag Lots.
15.310.120 Cluster Subdivisions.
15.310.130 Lot Size Averaging.
15.310.140 Surety In Lieu of Construction.
15.310.150 Final Short Subdivision – Prohibition on Further Division.
15.310.160 Vacation or Alteration of Approved Subdivision.
15.310.010 Preliminary Subdivision Application. Applications for a preliminary short or major subdivision
shall contain the following:
A.A completed application form signed by the property owners or authorized
representative of all parcels in the subdivision.
B.Application Fee in accordance with the Adopted Fee Schedule.
C.Environmental Checklist, if applicable.
D.A completed critical area information form or critical area report, if applicable.
E.A title report dated not later than thirty (30) days prior to the date of the application
showing the name of anyone with an interest in all parcels in the preliminary subdivision.
F.Preliminary subdivision plat drawing prepared by a licensed land surveyor meeting the
Department standards and including the following elements:
1. The name of the proposed preliminary subdivision; the legal description of the
property for which subdivision approval is sought; the date on which the plans were
prepared; the graphic scale and north point of the plan.
2. All existing and proposed easements and public or private roads, including adjacent
streets; all existing structures; elevations shown by contour lines at intervals of five
feet or less for ground slopes exceeding three percent; approximate location of all
natural features including but not limited to critical areas.
3. The location and dimensions of all existing and proposed USBR irrigation water rights-
of-way on and adjacent to the proposed subdivision.
4. The location, description, and proposed phasing of all facilities proposed to serve the
development:
Part 15.300 LAND DIVISION Page 5 of 33
a. Interior and exterior roadway network;
b. Water and sewerage facilities;
c. Stormwater drainage facilities;
d. Sidewalks and streetlights;
e. Open/recreational space plan;
f. Fire protection devices with sufficient water storage and flows;
g. Landscaping plan including buffers where required by MLUDC Chapter 15.720;
h. Irrigation water rights of way required by state law; and
i. Location of any proposed building envelopes on the lots smaller than four
thousand (4,000) square feet being created.
G. Preliminary engineering plans meeting Public Works Department standards including, but
not limited to, water, sewer, streetlights, roads, stormwater facilities, and sidewalks, and
a schedule of construction and proposed phasing of improvements if the Applicant
intends to develop the subdivision in phases.
H.Concurrency certificate.
I.Any other information in the opinion of the Director which is necessary to determine if
the proposed major subdivision makes appropriate provisions for physical problems or
hazards involving public health, safety, or welfare.
15.310.020 Preliminary Subdivision Approval Process.
A. Short Subdivisions.
1. Upon receiving a complete application for a preliminary short subdivision approval,
the Director shall transmit a copy of the preliminary short subdivision, together with
copies of any accompanying documents as the Director deems appropriate, to other
appropriate City Departments, as well as any interested outside agencies, to
determine the project’s conformance with City policies, codes, and development
standards.
2. If the short subdivision is not exempt, the City’s SEPA and critical areas review shall
generally occur concurrently with departmental review of the preliminary short
subdivision, unless circumstances warrant other procedures.
3. The Director shall approve, approve with conditions, or deny an application for a
preliminary short subdivision by means of a Type II decision, pursuant to MLUDC
15.205.050, using approval criteria contained in MLUDC 15.310.030.
B. Major Subdivisions.
1. Upon receiving a complete application for preliminary major subdivision approval,
the Director shall transmit a copy of the preliminary major subdivision, together with
copies of any accompanying documents as the Director deems appropriate, to other
appropriate City Departments, as well as any interested outside agencies, to
determine the project’s conformance with City policies, codes, and development
standards. The Director shall prepare a staff report with the recommendations of
reviewing departments and outside agencies and supporting materials for review by
the Hearing Examiner.
Part 15.300 LAND DIVISION Page 6 of 33
2. The City’s SEPA and critical areas review shall generally occur concurrently with
departmental review of the preliminary major subdivision, unless circumstances
warrant other procedures.
3. The Hearings Examiner shall approve, approve with conditions, or deny an application
for a preliminary major subdivision by means of a Type III decision, pursuant to
MLUDC 15.205.060, using approval criteria contained in MLUDC 15.310.030.
C. Timing. The application for a preliminary subdivision shall be approved, disapproved, or
returned to the Applicant for modification or correction within ninety (90) days of the
date of filing of a complete application, or within ninety (90) days after the issuance of a
final environmental impact statement, if required, whichever is later, unless the Applicant
consents to an extension of such time period in accordance with RCW 58.17.140.
15.310.030 Preliminary Subdivision Approval Criteria. The decision maker shall consider the application
materials, the recommendations of reviewing departments and outside agencies, and any
comments submitted upon the proposal, and determine whether the proposal meets the
following standards:
A. Consistent with the comprehensive plan and compliant with the municipal code, including
but not limited to the standards contained in this Chapter;
B. Includes appropriate provisions for the public health, safety and general welfare; open
space; stormwater; streets or roads, curbs, gutters; alleys; sidewalks and trails; transit
stops; irrigation water rights-of-ways; and other public ways; potable water supplies; fire
protection; and sanitary and solid waste disposal and as otherwise set forth in RCW
58.17.110, Community Street and Utility Standards, MLUDC Chapter 15.32, and other
codes and regulations that are applicable; and
C. Provides required mitigation measures imposed as a part of the SEPA review and critical
areas review.
15.310.040 Term of Preliminary Subdivision Approval – Extensions.
A. Term of Preliminary Subdivision Approval. Approval of a preliminary short subdivision or
major subdivision shall be valid for the period set forth in RCW 58.17.140, subject to
verification of utility availability, during which time an application for final plat meeting
all the requirements of this chapter and all conditions of preliminary subdivision approval
shall be made; provided, that extensions of preliminary short subdivision or subdivision
plat approval may be granted in accordance with the procedures and criteria set forth in
subsection D of this section.
B. Extension of Preliminary Subdivision Approval Term. Extension requests shall be
reviewed in accordance with the following criteria:
1. An initial one-year extension request, which has been filed at least thirty (30) days
prior to the expiration date, shall be reviewed by the Director by means of a Type I
decision, pursuant to MLUDC 15.205.040, upon showing that the Applicant has
attempted in good faith to meet the conditions for the final plat within the term of
the preliminary subdivision approval.
2. Two (2) additional one-year extension requests may be granted by the Director by
means of a Type II decision, pursuant to MLUDC 15.205.050, provided the Applicant
demonstrates compliance with all of the following criteria:
Part 15.300 LAND DIVISION Page 7 of 33
a. The Applicant has pursued compliance with all conditions of preliminary
subdivision approval and submitting the final plat in good faith; and
b. There have been no changes to the comprehensive plan, MLUDC, development
standards, or other applicable codes that are inconsistent with the approved
preliminary subdivision.
15.310.050 Alteration of Preliminary Subdivision.
A. Application. The Director may approve minor changes to an approved unexpired
preliminary subdivision, or its conditions of approval, upon written request of the
Applicant, subject to the Type I review process, with exceptions as provided herein.
B. Decision Criteria. The proposed changes shall not conflict with the preliminary approval
conditions, will not increase the number of lots, will not remove or add a street, and will
not conflict with any applicable provision of the MLUDC or the Community Street and
Utility Standards. If the proposal involves additional lots, rearrangements of lots or roads,
additional impacts to surrounding property, or other major changes, the proposal shall
be reviewed in the same manner as a new preliminary subdivision application.
15.310.060 Final Subdivision Application. Applications for a final short or major subdivision shall contain
the following:
A. Application Form. A completed application form signed by the property owners or
authorized representative of all parcels in the subdivision.
B. Application Fee. In accordance with the Adopted Fee Schedule.
C. Final Plat Map. Copies of the final subdivision plat map prepared by a licensed land
surveyor of the State of Washington, meeting the Department standards, and showing
the same information as required under MLUDC 15.310.040, modified to include:
1. All changes made pursuant to the conditions of the preliminary subdivision review
and approval;
2. A certificate from the County Treasurer indicating that all taxes on the property
included in the final subdivision or dedication have been paid;
3. A certificate from the City Finance Director indicating that all assessments on the
property included in the final subdivision or dedication have been paid;
4. Signature blocks for approval by the Director, City Engineer, the City Manager, and
irrigation district representative, where applicable, and date thereof, when the
development complies with all conditions; and
5. A notarized acknowledgment by the property owner(s) and mortgagee(s), if any, of
the approval of the final subdivision plat and the dedication of streets and other
public places.
D. Surveyor’s Declaration. A declaration by a licensed land surveyor shall be placed on the
above final subdivision plat map and shall certify that the subdivision plat map as shown
on the maps is based on an actual field survey of the land described and that all corners
and dimensions are correctly shown and that said record survey is staked on the ground
as indicated hereon.
E. Title Report. If the final subdivision application is not submitted for review within one
hundred twenty (120) calendar days of the approval of the preliminary subdivision
application, the Applicant shall provide a new title report, dated not later than thirty (30)
Part 15.300 LAND DIVISION Page 8 of 33
days prior to the date of the application, showing the name of anyone with an interest in
all parcels in the final subdivision.
F. Uninstalled Improvements. If required improvements have not been completed, security
shall be provided as per MLUDC 15.310.140, and such condition shall be stated on the
final subdivision plat map.
Upon approval of the final subdivision, the Department shall record the final subdivision plat
with the Grant County Auditor’s Office. All fees for such recording shall be paid by the
Applicant.
15.310.070 Final Subdivision Approval Process.
A. Department/Agency Comment. Upon receiving a complete application for a final
subdivision approval, the Director shall transmit a copy, together with copies of any
accompanying documents as the Director deems appropriate, to other appropriate City
Departments, as well as any interested outside agencies, to determine the final
subdivision’s conformance with the preliminary subdivision approval and City policies,
codes, and development standards.
B. Decision Type. The Director shall review an application for a final plat by means of a Type
I decision, pursuant to MLUDC 15.205.040. Final subdivision approval conditions shall not
modify the terms of preliminary subdivision approval conditions without the written
consent from the Applicant.
C. Decision Criteria. The Director shall consider the application materials, the
recommendations of reviewing departments and outside agencies, and determine
whether the final subdivision meets the following standards:
1. Conforms to all of the preliminary subdivision terms and conditions of approval;
2. Appropriate provisions are made for the public health, safety and general welfare;
open space; stormwater; streets or roads, curbs, gutters; alleys; sidewalks and trails;
transit stops; irrigation water rights-of-ways; and other public ways; potable water
supplies; fire protection; and sanitary and solid waste disposal and as otherwise set
forth in RCW 58.17.110, Community Street and Utility Standards, MLUDC Chapter
15.32, and other codes and regulations that are applicable;
3. The public use and interest will be served by the approval of such subdivision and
dedication; and
4. Meets all other applicable final major subdivision requirements as set forth in Chapter
58.17 RCW, other applicable state laws, this Chapter, the MLUDC, and any other
applicable City ordinances which were in effect at the time of preliminary major
subdivision approval.
D. Timing. The application for a final subdivision shall be approved, disapproved, or returned
to the Applicant for modification or correction within thirty (30) days of the date of filing
of a complete application unless the Applicant consents to an extension of such time
period in accordance with RCW 58.17.140.
15.310.080 Subdivision Design and Development Standards.
A. Monuments. Installation of reinforcing rods with land surveyor license identification at
the corners of all lots, plots, or tracts in accordance with Washington State law. This item
is required for plat recording and cannot be bonded under MLUDC 15.310.140.
Part 15.300 LAND DIVISION Page 9 of 33
B. Streets. The subdivision shall provide for adequate streets, curbs, gutters, and sidewalks
meeting the requirements of MLUDC Chapter 15.325 and the Community Street and
Utility Standards.
C. Landscaping. All subdivisions shall meet the requirements set forth in MLUDC Chapter
15.720.
D. Parking. The subdivisions shall provide for parking in compliance with the requirements
set forth in MLUDC Chapter 15.715.
E. Fire Protection. Hydrants shall be installed as required by the City Fire Chief. Water
pressure and flow shall be adequate to provide for fire protection to all areas of the site.
F. Pipe Utilities. Provision shall be made for adequate stormwater facilities, sanitary sewer
improvements, water improvements, and associated easements. Easements and cross-
easements for utilities shall be provided as necessary. Provision for utility line extension
beyond the boundary of the project may be required, along with any necessary
easements for maintenance, or dedications. All public improvements shall meet the
requirements set forth in MLUDC Chapter 15.325.
G. Wire Utilities. All projects shall have all power lines, telephone wires, television cables,
fire alarm systems, and other communication wires, cables, or lines placed underground.
All such underground installations or systems shall be approved by the appropriate utility
company. If the appropriate utility company determines that an underground system, as
required above, cannot reasonably be installed according to accepted engineering
practices, this requirement may be waived upon receipt of a written notice from such
utility to the Director. Utility easements shall be provided within a proposed subdivision
and shall be approved by the appropriate utility company before final acceptance of the
subdivision and shall be shown in their exact location on the final drawing of such
subdivision. All public improvements shall meet the requirements set forth in MLUDC
Chapter 15.325.
H. Subdivision Fencing. The Applicant shall record a covenant with the final plat designating
a uniform standard for fencing along the outer boundary of the subdivision. The
subdivision fence standard shall comply with the standards set forth in MLUDC Chapter
15.725.
15.310.090 Phasing of Subdivision. A major subdivision may be developed and recorded as final in
phases. Short subdivisions shall not be phased. Any phasing proposal shall be submitted with
the preliminary subdivision application. Approval of the phasing plan shall be based on making
the following findings:
A.The phasing plan includes all land contained within the preliminary major subdivision,
including areas where off-site improvements are being made;
B.The sequence and timing of development is identified on a phasing map;
C.Each phase shall consist of a contiguous group of lots that meets all pertinent
development standards on its own. The phase cannot rely on future phases for meeting
any City codes;
D.Each phase provides adequate circulation and utilities;
E.Specific public improvements that are necessary for the entire development may be
required to be completed with the first phase, regardless of phase design or completion
schedule of future phases, such as, but not limited to, stormwater facilities and parks
Part 15.300 LAND DIVISION Page 10 of 33
which may be designed to be located in a subsequent phase but that are necessary to be
developed in the first phase in order to ensure the facility essential to all of the major
subdivision is developed even if subsequent phases are never completed; and
F.Any approved phase of a preliminary major subdivision that has not been completed and
recorded as final by the City prior to the lapse of the preliminary major subdivision
approval as set forth in the effective period set forth in RCW 58.17.140 will be deemed to
have lapsed with that preliminary major subdivision.
15.310.100 Subdivision and Block Structure Standards.
A. Connectivity.
1. Connectivity to Abutting Lands. The street system of proposed subdivisions shall be
designed to connect with existing, proposed, and planned streets outside of the
subdivision. Wherever a proposed development abuts unplatted land or other land
with the capability of being further subdivided, street stubs shall be provided to allow
access to future abutting subdivisions and to logically extend the street system into
the surrounding area. All street stubs shall be provided with a temporary turnaround
unless specifically exempted by the Fire Marshal, and the restoration and extension
of the street shall be the responsibility of any future developer of the abutting land.
2. Continuation of Streets. Planned streets shall connect with surrounding streets to
permit the convenient movement of traffic between residential neighborhoods and
to facilitate emergency access and evacuation.
B. Street Access. Every lot shall be provided with satisfactory access to a public street. Lot
and Blocks shall not cause land locked property (except unbuildable tracts – such tracts
shall state the form and function and shall be clearly annotated to remain in perpetuity
the function of the tract and not for the purpose of development).
C. Lot Line Angles. Side lot lines shall be straight lines running within 20 degrees of
perpendicular to the road upon which the lots front. Side lot lines on curved roads should
run at or near radially to the curve. Lot lines that are common between two (2) lots shall
be composed of straight line segments except irregular lot (irregular lot standards). A
narrower lot width or irregular lot line may be permitted; and the Applicant shall submit
a building envelope for each irregular lot demonstrating area to accommodate a
residential unit.
D. Shoreline Master Plan. When a subdivision is within two hundred (200) feet of the
ordinary high water mark, the subdivision shall comply with the City of Moses Lake
Shoreline Master Program.
E. Block Design.
1. Residential. Residential blocks shall be designed to provide pedestrian and vehicular
connections at intervals no greater than six hundred sixty (660) feet. Blocks shall have
sufficient width to provide for two (2) tiers of lots, except on primary and secondary
streets that have restricted or limited access.
Part 15.300 LAND DIVISION Page 11 of 33
2. Commercial. Commercial blocks shall have connections no greater than one thousand
three hundred (1,300) feet.
3. Industrial. Industrial blocks shall have connections no greater than one thousand
three hundred (1,300) feet.
4. Alleys.
a. Alley access may be allowed where street access is established. At no time shall
an alley replace a street.
b. Dead-end alleys and alleys with sharp changes in direction are prohibited.
c. Alleys provided at the rear of lots shall have a minimum width of twenty (20) feet,
shall be paved, make necessary stormwater improvements, and shall comply with
the Community Street and Utilities Standards.
5. Private Drives or Access.
a. Up to four (4) residential lots may be served by a private driveway. Easements
shall be created with maintenance agreements for each lot.
b. When serving more than one (1) residential lot, the minimum and maximum
driveway widths for single-dwelling unit houses facing a public street as measured
at the property or right-of-way line shall be developed in accordance with the
Community Street and Utility Standards. Driveways in excess of one hundred fifty
(150) feet in length, as measured from the extended curb line or the traveled
right-of-way (if no curbs exist), shall comply with all of the provisions of the state
fire code as adopted by the City. Dwellings adjacent to a street are subject to
applicable driveway and garage standards for single-dwelling unit.
c. Parking and garages for individual dwellings shall be configured separately on
each lot or dwelling site (attached or detached) or clustered in shared parking
areas.
d. Garages (individual or shared) shall not be sited adjacent to common open
spaces.
e. Shared driveways shall be paved and include public utility easements in
accordance with the Community Street and Utility Standards.
Part 15.300 LAND DIVISION Page 12 of 33
f. Where parking areas are clustered in shared arrangements, such parking areas
and access lanes are subject to citywide fire-safety and emergency access
standards.
15.310.110 Flag Lots. Flag lots may be approved in residential zones where one (1) or two (2) lots would
otherwise be inaccessible to a dedicated street because of prior subdivision of land, property
segregation, or difficult terrain. The Director shall determine whether or not such a situation
exists for a proposed subdivision and the following shall apply:
A.The buildable portion of the flag lot shall not be set further than one (1) lot back from a
dedicated street.
B.The flagpole portion of a flag lot shall be twenty feet (20') wide or greater.
C.Flag lots shall have a minimum frontage on a dedicated right-of-way of twenty feet (20').
D.The flag pole portion of the lot shall not be considered in determining lot area, width, or
depth.
E. Shared private driveways shall be maintained and clear of obstruction to allow for access
by emergency vehicles.
Part 15.300 LAND DIVISION Page 13 of 33
15.310.120 Cluster Subdivisions.
A. Purpose. The purpose of this section is to provide for an innovative land division
technique that allows development to occupy that portion of a project site that is most
conducive to development while providing the opportunity to protect critical areas
consistent with the provisions of the Growth Management Act and the goals and policies
of the comprehensive plan.
B. Process.
1. Cluster divisions are processed as either a major or a short subdivision in accordance
with the established procedures for those land divisions under Chapter 58.17 RCW
and in conformance with the applicable standards of the MLUDC.
2. Cluster divisions create two (2) types of lots:
a. Individual lots that meet minimum dimensional standards; and
b. The reserve lot that is the portion of a proposed cluster division that is for critical
area. The reserve lot is included as a lot for the purpose of determining the
applicable land division process in accordance with Chapter 58.17 RCW and the
MLUDC.
3. Lands previously involved in a clustering are not eligible to be included in a cluster
division.
Part 15.300 LAND DIVISION Page 14 of 33
C. Where Permitted. Cluster divisions are allowed in residential zoned district; except, that
clustering shall be prohibited within Airport Protection Zones 1—3 and 5 of the National
Transportation Safety Board (NTSB) when underlying a Federal Aviation Parts 77
Transitional and Horizontal Surfaces of an Airport Overlay.
D. Density. The maximum density permitted for cluster divisions is the same as specified for
the zoning district. Cluster divisions shall not transfer density/clustered residential lots
from another property nor another zoning district. Density is calculated for all of the
Part 15.300 LAND DIVISION Page 15 of 33
original parcel(s) of record, with calculations listed individually for the area within each
zoning district that falls within the development boundaries. Traditional mathematical
conventions for rounding shall be used for determining allowed densities and numbers of
lots. Calculations ending in decimal numbers .50 and greater shall be rounded to the next
higher whole number. Calculations ending in decimal numbers less than .50 shall be
rounded to the next lower whole number.
E. Lot Size.
1. Individual lots must identify an adequate building envelope that accommodates
minimum setback requirements of the zoning district.
2. Reserve lots shall remain at least equal in size to the critical area and its associated
buffer.
F. Development Standards.
1. Lot Configuration.
a. The individual lots shall be arranged in a clustered/ concentrated pattern to be
compatible with physical site features. The arrangement of individual lots is
intended to discourage development forms commonly known as linear, straight-
line or highway strip patterns.
b. Clustered lots may be located in different areas of the original parcel provided
the number of lots in each cluster is four or more and all other criteria within this
section are met.
2. Street Access. Individual lots should be created in close proximity to existing streets
to minimize the need for construction of new streets.
3. Reserve Lots.
a. The reserve lot shall be contiguous. Fragmentation of the lot by streets,
easements, or building sites or lots shall not occur unless no other reasonable
alternative exists.
b. The reserve lot shall be owned by a homeowner’s association, divided interest of
the lots of the subdivision, or land trust (conservation district).
c. A note shall be placed on the plat and a restrictive covenant shall be recorded
that clearly states that the reserve lot will only be used for the protection of
critical areas and no development shall be allowed.
d. Structures or buildings shall not be allowed within reserve lots.
15.310.130 Lot Size Averaging. In approved subdivisions within the R-1, R-2, and R-3 zoning designations,
the individual lots shall be considered in compliance with the minimum site area requirements
if the average of all of the lots within the proposed application are equal to or above the
established minimum of the underlying zoning district. In addition, the following conditions
must also be met:
A. Maximum Reduction. No individual lot shall be reduced by more than twenty percent
(20%) from the minimum required lot size.
B. Maximum Increase. No more than a forty percent (40%) increase over the minimum lot
area for any individual lot shall be approved when the provisions of this section for lot
size averaging are used, except where any such lot, due to unique topography, or
geological or other physical features, would either be impractical or noncompliant with
the minimum lot dimensions, such lot or lots may vary by up to ten percent (10%) from
Part 15.300 LAND DIVISION Page 16 of 33
the required frontage, width, and depth requirements as based upon any relevant
information provided by Applicant for review and acceptance by the City.
C. Maximum Reduced Lots. No more than seventy-five percent (75%) of the total number
of lots in a proposed subdivision may contain an area less than the prescribed minimum
for the underlying zoning district.
D. Restriction on Further Division. The site area of any lot in excess of the required minimum
lot size shall not be used to increase the overall density of further divisions of land, unless
consistent with existing zoning or as may be amended. When recording any subdivision
subject to lot size averaging, the Applicant must include a restrictive covenant in
substantially the following form on the face of the plat:
NOTE: This subdivision includes lots created utilizing the lot size averaging under
MLUDC 15.310.130 The site area of any lot in excess of the required minimum lot size
shall not be used to increase the overall density of further divisions of land, unless
consistent with existing zoning or as may be amended.
15.310.140 Surety In Lieu of Construction.
A. Surety. In lieu of completing and installing all required improvements, the Applicant shall
file a performance bond in an amount deemed sufficient by the City Engineer to cover
one hundred fifty percent (150%) of the estimated costs of such improvements with the
Public Works Department. The estimated cost shall be provided by the Applicant’s
engineer and shall be approved by the City Engineer. Such bond shall be by a security
company authorized to transact a security business in the state and shall be on a form
approved by the City Attorney. In lieu of a performance bond, the Applicant may deposit
with the City Finance Director, cash bonds, savings deposit books, certificates of deposit,
or other security, all in forms acceptable to the City Attorney and in an amount approved
by the City Engineer. Bonds or alternate security for subdivisions shall be in effect for two
(2) years, and shall be on forms approved by the City Attorney.
B. Conditions of Security; Extension. All improvements listed in the bond or approved
security shall be installed by the Applicant and acceptable by the City within two (2) years
of accepting the bond or approved security. The City Engineer may approve one (1)
extension of the bond or approved security for a period not to exceed two (2) years,
provided that said request for an extension is filed with the City Engineer at least sixty
(60) calendar days prior to expiration of the existing bond or approved security. If a time
extension is approved, new security documents shall be submitted by the Applicant. The
new security shall be adjusted to accommodate increased costs for completing all
required improvements. A new security shall not include additional construction
requirements beyond the original scope of work. If the increased costs are not accepted
by the surety, or if the City Engineer denies the request for extension, and the required
improvements are not complete, the City shall foreclose on the existing security, and the
subdivision will be held in abeyance.
C. Forfeiture of Security. In the event the Applicant fails to complete all improvement work
in accordance with the provisions of this Chapter and the City shall have to complete the
same, the City shall call upon the security for reimbursement or shall appropriate, from
any cash deposit, funds for reimbursement. If the amount of security bond or cash deposit
shall exceed all costs and expenses incurred by the City it shall release the remainder of
Part 15.300 LAND DIVISION Page 17 of 33
such bond or cash deposit and if the amount of the security bond or cash deposit is less
than the cost and expense incurred by the City the Applicant shall be liable to the City for
such difference.
D. Certificate of Occupancy. A Certificate of Occupancy shall not be issued for buildings that
are permitted on final plats that have a bond or alternate security attachment until any
required public improvements serving the building has been constructed to Community
Street and Utility Standards and accepted by the City Council.
E. Exception – Park Improvements. Open space or park improvements required to be made
under MLUDC Chapter 15.330 shall not be eligible for bonding in lieu of construction.
15.310.150 Final Short Subdivision – Prohibition on Further Division. Property in approved short
subdivisions that have been filed for record may not be further divided in any manner within
a period of five (5) years without the filing of a new subdivision (major subdivision), except
that when the approved short subdivision contains less than four (4) parcels, nothing in this
section shall prevent the Applicant who filed the short subdivision from filing an alteration
within the five-year period to create up to a total of nine (9) lots within the original approved
short subdivision boundaries. This requirement shall be stated on the face of the recorded
short subdivision plat drawing.
15.310.160 Vacation or Alteration of Approved Subdivision.
A. Application. An application may be submitted for any proposed vacation or alteration to
a final plat. The application shall contain the signatures of the majority of those persons
having an ownership interest in the lots, tracts, parcels, sites, or divisions in the
subdivision or portion to be altered. If the subdivision is subject to restrictive covenants
which were filed at the time of the approval of the subdivision, and the application for
alteration would result in a violation of a covenant, the application shall contain an
agreement signed by all parties to the covenants providing that the parties agree to
terminate or alter the relevant covenants to accomplish the purpose of the alteration.
B. Street Vacations. A request to vacate a street within a subdivision shall follow the
procedures for street vacation in Chapter 35.79 RCW.
C. Alteration Procedure. Any alteration or modification of a short subdivision or major
subdivision shall be undertaken pursuant to all applicable development standards
including regulations established in Chapter 58.17 RCW by a Type II or Type III decision,
respectively. If approved, the Applicant shall obtain approval of a final plat application as
required by this Chapter.
D. Vacation Procedure. Any vacation of a short subdivision or major subdivision shall be
undertaken pursuant to the standards set forth in RCW 58.17.212 by a Type II or Type III
decision, respectively.
Part 15.300 LAND DIVISION Page 18 of 33
Chapter 15.315
BOUNDARY LINE ADJUSTMENT AND LOT CONSOLIDATION
Sections:
15.315.010 Boundary Line Adjustment/Lot Consolidation Application.
15.315.020 Boundary Line Adjustment/Lot Consolidation Approval Process.
15.315.030 Boundary Line Adjustment/Lot Consolidation Approval Criteria.
15.315.040 Boundary Line Adjustment/Lot Consolidation Final Approval.
15.315.010 Boundary Line Adjustment/Lot Consolidation Application. Applications for a boundary line
adjustment or lot consolidation shall contain the following:
A.A completed application form signed by the property owners or authorized
representative of all parcels in the boundary line adjustment or lot consolidation.
B.Application Fee in accordance with the Adopted Fee Schedule.
C.A Record of Survey meeting the requirements of WAC 332-130 and Chapter 58.09 RCW.
D.A separate site plan map of both the existing and proposed property line configuration
that meet Department standards and contains the following:
1. A vicinity map that clearly marks the site in relation to the nearest major streets,
roads, and waterways in the area;
2. A map at scale which depicts the existing property configuration, including all lot lines,
dimensions, and lot area.
3. The location and dimensions of all structures or improvements existing upon the
affected lots and the distance between such structures or improvements and the
existing and proposed boundary lines.
4. The location and dimensions of any easements within or adjacent to the affected
lot(s).
5. The location, dimensions, and names of all existing or platted street rights-of-way,
whether public or private, within or adjacent to the affected lots.
6. The location of all existing and proposed water, sewer and stormwater facilities, on-
site wastewater disposal systems, drainfields, and wells.
7. The location of access to all affected lots.
8. A north arrow and bar scale.
E.The original legal descriptions of all affected properties, together with new separate legal
descriptions for each parcel resulting from the adjustment or consolidation on the Record
of Survey prepared by a licensed land surveyor.
F.If an existing on-site sewage (septic tank) disposal system or well will continue to be used
on an affected property after the boundary line adjustment, where City code does not
require connection to the City’s municipal sewer or water system, the Applicant shall
provide written verification from the Grant County Health District that the proposed lot
is adequate to accommodate an on-site sewage disposal system or well.
15.315.020 Boundary Line Adjustment/Lot Consolidation Approval Process. The Director shall approve
or deny an application for a boundary line adjustment or lot consolidation by means of a Type
Part 15.300 LAND DIVISION Page 19 of 33
I decision, pursuant to MLUDC 15.205.040, using approval criteria contained in MLUDC
15.315.030.
15.315.030 Boundary Line Adjustment/Lot Consolidation Approval Criteria. The following criteria shall
be used to review and approve boundary line adjustments or lot consolidations:
A.The boundary line adjustment or lot consolidation shall not result in the creation of any
additional lot, tract, parcel, site, or division.
B.The boundary line adjustment or lot consolidation shall not create a lot or unplatted tract
that does not meet the requirements of the MLUDC, including but not limited to
dimensional requirements.
C.The boundary line adjustment or lot consolidation shall not increase the nonconforming
aspects of an existing nonconforming lot or structure.
D.The boundary line adjustment or lot consolidation will not diminish or impair existing or
future drainage, water supply, sanitary sewage disposal (including on-site sewage
disposal), or legal access.
E.The boundary line adjustment or lot consolidation shall not violate or be inconsistent with
any conditions of approval for a previously filed land use action, subdivision, short plat,
or binding site plan.
F.The boundary line adjustment or lot consolidation shall not result in a lot having more
than one land use designation or zoning or result in being bisected by any special overlay.
G.The boundary line adjustment or lot consolidation shall not result in a lot, or lots, not
wholly located within the City limits.
H.The boundary line adjustment or lot consolidation shall not result in a lot which would be
so constrained by topography, critical areas or buffers, unusual shape, or other site
conditions that a reasonable building site cannot be obtained except through a variance,
reasonable use exemption from a critical areas permit, or other special exemption from
the MLUDC.
15.315.040 Boundary Line Adjustment/Lot Consolidation Final Approval and Recording. The Director
will provide a decision in writing to the Applicant. The Applicant must submit the deed(s)
reflecting the new legal description(s), excise tax affidavit, and recording fees to the
Department within thirty (30) calendar days of the decision for recording with the Grant
County Auditor’s Office by the Department.
Part 15.300 LAND DIVISION Page 20 of 33
Chapter 15.320
BINDING SITE PLAN
Sections:
15.320.010 Authority.
15.320.020 Binding Site Plan Application.
15.320.030 Binding Site Plan Approval Process.
15.320.040 Binding Site Plan Approval Criteria.
15.320.050 Binding Site Plan Final Approval.
15.320.060 Binding Site Plan Design and Development Standards.
15.320.070 Surety In Lieu of Construction.
15.320.080 Binding Site Plan Compliance.
15.320.090 Administrative Approval of Individual Lots.
15.320.100 Alteration of Approved Binding Site Plan.
15.320.010 Authority. A Binding Site Plan provides an alternative method of dividing land for specific
types of development. The binding site plan shall only be applied for the purpose of dividing
land for:
A. Commercial or Industrial Zoned Property. Sale or for lease of commercially or industrially
zoned property as provided in RCW 58.17.040(4).
B. Leases of Mobile Homes, Tiny Houses, Recreational Vehicles, or Travel Trailers. A
division for the purpose of lease as provided in RCW 58.17.040(5) when no other structure
other than manufactured homes, tiny houses, recreational vehicles, or travel trailers are
permitted to be placed upon the land, so long as the site plan complies with the
requirements of the MLUDC.
C. Condominiums. Condominiums as provided in RCW 58.17.040(7).
15.320.020 Binding Site Plan Application. Applications for a binding site plan shall contain the following:
A.A completed application form signed by the property owners or authorized
representative of all parcels in the binding site plan.
B.Application Fee in accordance with the Adopted Fee Schedule.
C.Environmental Checklist, if applicable.
D. A completed critical area information form or critical area report, if applicable.
E.Preliminary binding site plan prepared by a licensed land surveyor, meeting Department
standards, and including the following elements:
1. The name of the proposed binding site plan; the legal description of the property for
which binding site plan approval is sought; the date on which the plans were
prepared; the graphic scale and north point of the plan.
2. All existing and proposed easements and public or private roads, including adjacent
streets; all existing structures; elevations shown by contour lines at intervals of five
feet or less for ground slopes exceeding three percent; approximate location of all
natural features including but not limited to critical areas.
3. The location, description, and proposed phasing of all facilities proposed to serve the
development:
Part 15.300 LAND DIVISION Page 21 of 33
a. Interior and exterior roadway network;
b. Water and sewerage facilities;
c. Stormwater drainage facilities;
d. Sidewalks and streetlights;
e. Fire protection devices with sufficient water storage and flows;
f. Landscaping plan including buffers where required by MLUDC Chapter 15.720;
and
g. Any lot(s) to be created as a part of the original binding site plan.
F.A title report dated not later than thirty (30) days prior to the date of the application
showing the name of anyone with an interest in all parcels in the binding site plan.
G. Preliminary engineering plans including, but not limited to, water, sewer, streetlights,
roads, stormwater facilities, and sidewalks, and a schedule of construction and proposed
phasing of improvements if the Applicant intends to develop the site in phases.
H. Draft covenants and restrictions for the development including provisions for long-term
maintenance for areas and facilities under common ownership.
I.Concurrency certificate.
15.320.030 Binding Site Plan Approval Process.
A. Decision Type. The Director shall approve, approve with conditions, or deny an
application for a binding site plan by means of a Type II decision, pursuant to MLUDC
15.205.050, using approval criteria contained in MLUDC 15.320.040.
B. Department Review. Upon receiving a complete application for binding site plan
approval, the Director shall transmit a copy of the binding site plan, together with copies
of any accompanying documents as the Director deems appropriate, to other appropriate
City Departments, as well as any interested outside agencies, to determine the project’s
conformance with City policies, codes, and development standards. The City’s SEPA
review shall generally occur concurrently with departmental review of the binding site
plan, unless circumstances warrant other procedures.
C. Final Binding Site Plan Approval. No sale, lease, or transfer of any lot proposed by the
binding site plan shall occur until a final binding site plan is approved and recorded with
the Grant County Auditor’s Office in accordance with MLUDC 15.320.050. The final site
plan shall be submitted within one (1) year of the date of approval or the binding site plan
shall be expired.
15.320.040 Binding Site Plan Approval Criteria. The Director shall consider the application materials, the
recommendations of reviewing departments and outside agencies, and any comments
submitted upon the proposal, and determine whether the proposal meets the following
standards:
A. Consistent with the comprehensive plan and compliant with the municipal code, including
but not limited to the standards contained in MLUDC 15.320.060;
B. Includes appropriate provisions for the public health, safety and general welfare; open
space; stormwater; streets or roads; alleys; sidewalks and trails; transit stops; and other
public ways; open space; potable water supplies; fire protection; and sanitary and solid
waste disposal and as otherwise set forth in RCW 58.17. 110, Community Street and
Part 15.300 LAND DIVISION Page 22 of 33
Utility Standards, MLUDC Chapter 15.32, and other codes and regulations that are
applicable; and
C. Provides required mitigation measures imposed as a part of the SEPA review and critical
areas review.
15.320.050 Binding Site Plan Final Approval. When all conditions of the binding site plan approval are
met, including but not limited to the installation of all required improvements, the Applicant
shall submit the final binding site plan together with the fee set forth in the adopted fee
schedule to the Department for processing and recording. The final binding site plan shall
include the following:
A. Binding Site Plan Maps. Copies of the final binding site plan prepared by a licensed land
surveyor of the State of Washington, meeting the Department standards, showing the
same information as required under MLUDC 15.320.040, modified to include:
1. All changes made pursuant to the conditions of binding site plan review and approval;
2. A certificate from the County Treasurer indicating that all taxes on the property
included in the binding site plan or dedication have been paid;
3. A certificate from the City Finance Director indicating that all assessments on the
property included in the binding site plan or dedication have been paid;
4. Signature blocks for approval by the Director, City Engineer, and the City Manager,
and date thereof, when the development complies with all conditions; and
5. A notarized acknowledgment by the property owner(s) and mortgagee(s), if any, of
the approval of the final binding site plan and the dedication of public streets and
other public places.
B. Surveyor’s Declaration. A declaration by a licensed land surveyor shall be placed on the
above binding site plan map and shall certify that the binding site plan as shown on the
maps is based on an actual field survey of the land described and that all corners and
dimensions are correctly shown and that said record survey is staked on the ground as
indicated hereon.
C. Uninstalled Improvements. If required improvements have not been completed, security
shall be provided as per MLUDC 15.320.070, and such condition shall be stated on the
final binding site plan map.
D. Condominium Declaration. All binding site plans for condominiums shall include the
declaration required by RCW 58.17.040(7).
E. Covenants. The binding site plan shall include the covenants required under MLUDC
15.320.060(F).
Upon approval of the final binding site plan, the Department shall record the final binding site
plan with the Grant County Auditor’s Office. All fees for such recording shall be paid by the
Applicant.
15.320.060 Binding Site Plan Design and Development Standards.
A. Streets—Realignment, Dedication, or Widening. If the City concludes that street right-
of-way adjacent to and within a proposed binding site plan is inadequate, as determined
by the Comprehensive Plan, traffic impact study, or the Community Street and Utility
Standards, then the City shall require a dedication of necessary right-of-way and
improvement of that right-of-way and provision of attendant traffic control devices. All
Part 15.300 LAND DIVISION Page 23 of 33
public streets shall meet the requirements set forth in MLUDC Chapter 15.325. All other
internal roads within the proposed binding site plan shall be privately held and
maintained by the property owners.
B. Landscaping. All binding site plans shall meet the requirements set forth in MLUDC
Chapter 15.720.
C. Parking. The binding site plan shall provide for parking in compliance with the
requirements set forth in MLUDC Chapter 15.715.
D. Fire Protection. Hydrants shall be installed as required by the City Fire Chief. Water
pressure and flow shall be adequate to provide for fire protection to all areas of the site.
E. Access. The site design shall provide for joint access easements and lot configurations
which will reduce the number of ingress/egress points from existing City, County, or State
roads or street. Adequate access for emergency services shall be included to each lot.
F. Pipe Utilities. Provision shall be made for adequate stormwater improvements, sanitary
sewer improvements, water improvements, and associated easements. Easements and
cross-easements for utilities shall be provided as necessary. Provision for utility line
extension beyond the boundary of the project may be required, along with any necessary
easements for maintenance, or dedications. All public improvements shall meet the
requirements set forth in MLUDC Chapter 15.325.
G. Wire Utilities. All projects shall have all power lines, telephone wires, television cables,
fire alarm systems, and other communication wires, cables, or lines placed underground.
All such underground installations or systems shall be approved by the appropriate utility
company. If the appropriate utility company determines that an underground system, as
required above, cannot reasonably be installed according to accepted engineering
practices, this requirement may be waived upon receipt of a written notice from such
utility to the Director. Utility easements shall be provided within a proposed binding site
plan and shall be approved by the appropriate utility company before final acceptance of
the binding site plan and shall be shown in their exact location on the final drawing of
such plan. All public improvements shall meet the requirements set forth in MLUDC
Chapter 15.325.
H. Covenants and Restrictions. All development within a binding site plan shall be governed
by covenants and restrictions, reviewed and approved by the Director and City Attorney
prior to final approval. At a minimum, the covenants and restrictions shall: specify
standards for construction and design; control operational standards and impacts of
various uses; specify maintenance and easement of responsibilities and obligations; and
provide a mechanism for enforcement of the covenants and restrictions. These covenants
and restrictions shall be recorded and referenced on the face of the final binding site plan
and attached as a permanent deed restriction to each lot within the binding site area.
15.320.070 Surety In Lieu of Construction.
A. Surety. In lieu of completing and installing all required improvements, the Applicant shall
file a performance bond in an amount deemed sufficient by the City Engineer to cover
one hundred fifty percent (150%) of the estimated costs of such improvements with the
Public Works Department. The estimated cost shall be provided by the Applicant’s
engineer and shall be approved by the City Engineer. Such bond shall be by a security
company authorized to transact a security business in the state and shall be on a form
Part 15.300 LAND DIVISION Page 24 of 33
approved by the City Attorney. In lieu of a performance bond, the Applicant may deposit
with the City Finance Director, cash bonds, savings deposit books, certificates of deposit,
or other security, all in forms acceptable to the City Attorney and in an amount approved
by the City Engineer. Bonds or alternate security for subdivisions shall be in effect for two
(2) years and shall be on forms approved by the City Attorney.
B. Conditions of Security; Extension. All improvements listed in the bond or approved
security shall be installed by the Applicant and acceptable by the City within two (2) years
of accepting the bond or approved security. The City Engineer may approve one (1)
extension of the bond or approved security for a period not to exceed two (2) years,
provided that said request for an extension is filed with the City Engineer at least sixty
(60) calendar days prior to expiration of the existing bond or approved security. If a time
extension is approved, new security documents shall be submitted by the Applicant. The
new security shall be adjusted to accommodate increased costs for completing all
required improvements. A new security shall not include additional construction
requirements beyond the original scope of work. If the increased costs are not accepted
by the surety, or if the City Engineer denies the request for extension, and the required
improvements are not complete, the City shall foreclose on the existing security, and the
subdivision will be held in abeyance.
C. Forfeiture of Security. In the event the Applicant fails to complete all improvement work
in accordance with the provisions of this Chapter and the City shall have to complete the
same, the City shall call upon the security for reimbursement or shall appropriate, from
any cash deposit, funds for reimbursement. If the amount of security bond or cash deposit
shall exceed all costs and expenses incurred by the City it shall release the remainder of
such bond or cash deposit and if the amount of the security bond or cash deposit is less
than the cost and expense incurred by the City the Applicant shall be liable to the City for
such difference.
D. Certificate of Occupancy. A Certificate of Occupancy shall not be issued for buildings that
are permitted on binding site plans that have a bond or alternate security attachment
until any required public improvements serving the building has been constructed to
Community Street and Utility Standards and accepted by the City Council and any
required private improvements have been constructed to the standards set forth in the
final binding site plan.
15.320.080 Binding Site Plan Compliance. A commercial or industrial binding site plan authorizes a sale
or transfer of a parcel. The binding site plan and all of its requirements shall be legally
enforceable on the purchaser or other person acquiring ownership of the parcel. Mobile
home, tiny house, recreational vehicle, or travel trailer park binding site plans do not
authorize the sale or transfer of ownership of a parcel of the binding site plan. The sale or
transfer of such parcel in violation of the binding site plan, or without obtaining a binding site
plan approval, is an illegal act in violation of state law and may be restrained by injunctive
action.
15.320.090 Administrative Approval of Individual Lots. Once the final binding site plan is recorded, the
creation of individual lot(s) other than lots established by the recorded binding site plan may
be administratively approved as a Type I decision. The Applicant shall submit a completed
Part 15.300 LAND DIVISION Page 25 of 33
application form and the required application fee to the Department. The application must
include the following:
A. Survey Required. The proposed lot(s) created must be surveyed by a licensed land
surveyor and the legal description for the lot must be prepared by the surveyor in
accordance with the Survey Recording Act (Chapter 58.09 RCW). All parties having an
ownership interest in the property shall sign the exemption application and the survey.
B. Compliance with Binding Site Plan. The lot(s) to be created meet the requirements set
forth in the recorded final binding site plan.
C. Minimum Lot Size. The lot(s) meet the minimum lot size in the zoning district.
The City will provide a decision in writing to the Applicant. The Department shall record the
approved survey containing the above information with the Grant County Auditor’s Office. All
fees for such recording shall be paid by the Applicant. No sale, lease, or transfer of any created
lot shall be completed prior to the recording of the approved survey.
15.320.100 Alteration of Approved Binding Site Plan.
A. Alteration. Alteration of a recorded binding site plan shall be accomplished by submitting
a new binding site plan application to the Director. The amended binding site plan shall
comprise the entire original binding site plan, with the revised parcels shown clearly on
the survey for the altered binding site plan. The altered binding site plan shall be
processed subject to all the procedures and requirements of this Chapter.
B. Minor Modifications. Minor modifications to the approved binding site plan may be
allowed if the Director determines such modifications are necessary because of
unforeseen technical problems and such modifications comply with the spirit and intent
of the approval and will not be detrimental to the public health, safety, or welfare, or
injurious to other properties in the area. Examples of minor modifications are, but are not
limited to:
1. Modification of lot lines which do not violate any development codes or regulations
of the City or this Chapter;
2. Reconfiguration of parking lots or landscape areas that are approved by the Director;
3. Relocation of fire protection improvements that would conform to City regulations
and are approved by the Fire Department; or
4. Relocation of utilities that would conform to City regulations as approved by the City
Engineer.
The City will provide a decision in writing to the Applicant. The Department shall record
the approved minor modification in a written statement and illustrated on appropriate
maps and mylars prepared by the Applicant with the Grant County Auditor’s Office. All
fees for such recording shall be paid by the Applicant.
C. Vacation. The City may rescind all or a portion of a final binding site plan upon the request
of the owner or owners of a lot or lots subject to a recorded binding site plan; provided,
that any portion of a binding site plan which is rescinded shall be considered to be one lot
unless divided by an approved subdivision or short division.
D. Owner Signatures. Signatures of the owners of those portions of a binding site plan which
are not proposed to be altered by an amendment or rescission are not required on the
amended binding site plan or application for rescission.
Part 15.300 LAND DIVISION Page 26 of 33
Chapter 15.325
IMPROVEMENTS
Sections:
15.325.010 Application.
15.325.020 Procedure for Installing Improvements.
15.325.030 City Participation.
15.325.040 Street Design Standards.
15.325.050 Water Mains.
15.325.060 Sewer Mains.
15.325.070 Stormwater Facilities.
15.325.080 Pedestrian Paths and Activity Trails.
15.325.090 Street Lighting.
15.325.100 Improvement Construction Plans.
15.325.110 Maintenance Bond.
15.325.010 Application. This Chapter shall apply to all improvements required to be installed by the
Applicant as part of any land division set forth in this Part.
15.325.020 Procedure for Installing Improvements. All improvements shall be installed per Community
Street and Utility Standards that are current at the time of application. Street and utility
construction permits are required in accordance with Chapter 12.16 MLMC. When
improvements or infrastructure required of any development have been deferred, and a
subsequent application for a preliminary subdivision, binding site plan, or building permit has
been received that makes use of that deferred improvement or infrastructure, in that case
the City shall call for the installation or completion of the deferred improvement or
infrastructure prior to, or as a condition of, approval of the new application.
15.325.030 City Participation. The City may participate in the cost of street and over-sizing municipal
utility improvements that are not required of the Applicant. Examples of these types of
improvements include one-half street improvements, over sizing municipal utility mains and
lift stations, street extensions, activity trails, stormwater improvements, and extensions of
municipal utilities. The City will reimburse the Applicant for the agreed cost for the additional
street and municipal utility improvements after the construction is complete and accepted by
the City Council. No approval is authorized by the City unless a written approval for the
reimbursement by the City Engineer is sent to the Applicant prior to construction. This Section
shall not be construed to establish an affirmative obligation upon the City to participate in
any project. The City’s participation is limited by the funds available, priority of projects
throughout the City, and the desirability of a particular project.
15.325.040 Street Design Standards.
A. Sidewalks 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 applicable
stormwater and curb. Multi-use pathways, designed per Community Street and Utility
Standards, shall be used in place of a standard sidewalk for all streets.
Part 15.300 LAND DIVISION Page 27 of 33
2. Street Trees and Plantings.
a. The Applicant may install street trees and plantings, in addition to any required
buffer landscaping. Drought tolerant tree species shall be required and no
prohibited trees set forth in MLUDC Chapter 15.720 shall be used.
b. The area in which street plantings are installed must be located between the
street and the sidewalk, unless precluded by existing utilities which cannot
reasonably be relocated, or meandered to accommodate equivalent tree canopy
coverage. Street trees together with shrubbery, groundcover, and other
approved plantings must be placed in a planter strip along the length of the
frontage, or in an alternative location as approved by the Director subject to
demonstration of design of equivalent tree canopy coverage. Turf or lawn grass
shall not be accepted as groundcover. Native grasses or alternative forms of
water smart ground cover may be installed.
B. Street Design.
1. 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.
2. The Applicant is responsible for constructing all the public streets within the
development full width, and all the streets adjacent to the development half width.
Except, the Applicant shall be responsible for constructing the adjacent streets full
width if the City determines that the use within the development requires full width
streets.
3. 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
and in accordance with the Community Street and Utilities Standards. This shall be
accomplished by establishing easements and dedications to the furthest lot line, as
well as other similar methods. Cul-de-sacs are prohibited unless authorized by the
Director upon consultation with the City Engineer.
4. All easements and dedications shall be designed in a manner which provides the
necessary dimensional specifications required for future development.
5. Street designs, including gradients, shall comply with the standards and provisions of
the Community Street and Utilities Standards.
6. Streets shall be improved to the standards as outlined in the MLUDC, the Community
Street and Utilities Standards, and as a condition of development approval. All public
streets shall be dedicated to the City.
15.325.050 Water Mains. The Applicant shall install water main improvements for the full length of all
streets within and adjacent to the development, unless the Public Works Director determines
that the additional water main provides no additional benefit. All water main improvements
shall meet the requirements of the Community Street and Utilities Standards. Fire hydrants
are not required to be installed when water mains are installed through or adjacent to
property other than the proposed development.
Part 15.300 LAND DIVISION Page 28 of 33
15.325.060 Sewer Mains. The Applicant shall install sewer main improvements for the full length of
streets within and adjacent to the development, unless the Public Works Director determines
that the additional sewer main provides no additional benefit. All sewer main improvements
shall meet the requirements of the Community Street and Utilities Standards.
15.325.070 Stormwater Facilities.
A.Stormwater facilities that are a part of street improvements shall be installed in
accordance with MLUDC 15.325.040.
B.The City Engineer may approve plans submitted by the Applicant’s engineer to divert or
enclose natural drainage in and through the development. The Applicant shall bear all
costs associated with diverting or enclosing natural drainage.
C.All stormwater in City streets shall drain from the asphalt to concrete gutters, then to
approved stormwater structures such as catch basins. All stormwater between
stormwater structures shall be in underground pipes.
D.All stormwater facilities must be constructed in accordance with the most current version
of the Stormwater Management Manual for Eastern Washington adopted by the City.
E.Any private underground injection control well shall be registered with the Washington
Department of Ecology in accordance with Chapter 173-218 WAC.
15.325.080 Pedestrian Paths and Activity Trails.
A. Right-of-way Required. Right-of-way for pedestrian paths and activity trails at locations
other than within the right-of-way for streets and utilities may be required as a condition
of development approval. Activity trails shall be provided for as shown on the Activity
Trail Master Plan that was adopted by City Council. Pedestrian paths may be required
where pedestrian routes would otherwise be more than one-quarter (1/4) of a mile
longer if the pedestrian path were not provided.
B. Standards. All right-of-way for pedestrian paths shall be at least ten feet (10') in width. All
right-of-way for activity trails shall be at least fourteen feet (14') in width. Right-of-way
for pedestrian paths and activity trails shall be dedicated by one (1) of the adjacent lots,
and shall be required to be maintained and serviced by the adjacent lot that provided the
dedication for the pedestrian path or activity trail. The plat or site plan shall specifically
designate the lot that provided the dedicated right-of-way and shall designate said lot
owner to provide service and maintenance for the pedestrian path or activity trail.
15.325.090 Street Lighting. Street lighting is required for all streets, per plans that are approved by Grant
County PUD and the City Engineer.
15.325.100 Improvement Construction Plans.
A.Construction plans shall be submitted by the Applicant and approved by the City Engineer
prior to construction.
B.Preliminary construction plan sets shall meet Department standards.
C.All construction plans shall be stamped by a professional engineer. The plans shall show
all required improvements.
D.A plan check fee shall be due when the preliminary construction plans are submitted to
the Public Works Department, in accordance the Adopted Fee Schedule.
Part 15.300 LAND DIVISION Page 29 of 33
E.Approved construction plans will be returned to the Applicant after the plans are
acceptable by the City Engineer, and after the Applicant provides acceptable construction
plans meeting Department standards.
F.The City Engineer may approve deviations to the requirements for construction plans.
15.325.110 Maintenance Bond. A two (2) year maintenance bond or alternative security is required to be
submitted to the City in the amount of fifty percent (50%) of the cost of the municipal
improvements to be accepted; which bond or alternative security shall be as approved by the
City Attorney prior to acceptance of municipal improvements. If the cost of the municipal
improvements is less than the amount of a street and utility construction bond or
performance bond that has been provided for the municipal improvements, and that street
and utility construction bond or performance bond provides for two (2) year maintenance of
the improvements being accepted, an additional two (2) year maintenance bond or
alternative security will not be required prior to acceptance of the project.
Part 15.300 LAND DIVISION Page 30 of 33
Chapter 15.330
OPEN AND RECREATION SPACE
Sections:
15.330.010 Open and Recreation Space.
15.330.010 Open and Recreation Space.
A. Applicability.
1. Subdivision. This Chapter applies to every subdivision of contiguous land or binding
site plan regulated by this Part where any one of the following conditions is met:
a. The land to be divided is located wholly or in part in the residential zoning
districts;
b. If a rezone to a residential zoning district is sought in connection with subdivision
approval, and granted, the subdivision is subject to this Chapter; or
c. All residential subdivisions of any size.
B. Open and Recreation Space Standards for Dedication.
1. An area greater than or equal to nine and eight-tenths (9.8) acres of parkland per one
thousand (1,000) residents of the gross land area to be divided which shall be
dedicated for the open space and recreational needs of its residents including
requiring the installation of recreational facilities. Each dwelling unit is equal to two
and seventy-two hundredths (2.72) (or as amended by the Comprehensive Plan or
OFM) residents per unit. Land proposed for dedication shall meet the Dedication
Criteria.
2. Minimum Standards. Required open space area shall at a minimum meet the
following standards:
a. Open space areas must be designed to be attractive and usable for active as well
as passive recreation opportunities. No use shall be allowed within open space
that adversely affects the aesthetic appeal or usability of the open space for
recreational purposes.
b. The open space area shall be separate and distinct from required yards, setbacks,
and other undeveloped portions of the site.
c. Up to twenty-five percent (25%) of the open space requirement may be satisfied
by wetlands, wetland buffers, and other critical areas. The wetland or other
critical area and associated buffer may be applied as credit to the total amount
of required open space at a rate not exceeding fifty percent (50%).
d. Shoreline area may be applied as credit to the total amount of required open
space at a rate of two hundred percent (200%) for every linear foot compliant
with the City of Moses Lake Shoreline Master Program (SMP) section 6-70 Public
Access and other applicable SMP standards and specifications for the use and
enjoyment of the public. The area for calculation shall be linear shoreline and
Shoreline Jurisdiction.
e. The open space shall not be incumbered by deed restrictions, easements, or other
limitations that otherwise compromise or limit the use of the open space.
f. The open space area shall have convenient access for residences of the
development and shall be consolidated to provide maximum access, visibility,
usability, minimization of impacts to residential uses, and ease of maintenance
Part 15.300 LAND DIVISION Page 31 of 33
unless another configuration, due to unique topographic conditions, would be of
a greater benefit to the development.
g. Open space areas shall be designed and placed in consideration of existing and
potential open space on adjacent parcels to consolidate or provide opportunities
for future consolidation of neighborhood open space areas.
h. Except where removal is required to meet active recreation requirements in this
Chapter, existing trees and significant vegetation shall be retained in open space
and park areas unless an alternate landscaping plan for such areas is required or
approved by the Parks, Recreation and Cultural Services Director.
i. The minimum usable open space and park area dedicated for residential
subdivisions shall be nine and eight-tenths (9.8) acres of parkland per one
thousand (1,000) residents of the gross land area to be divided which shall be
dedicated for the open space and recreational needs of its residents including the
require the installation of recreational facilities. Each dwelling unit is equal to two
and seventy-two hundredths (2.72) (or as amended by the Comprehensive Plan
or OFM) residents per unit.
3. Review. The Parks Recreation and Cultural Services Board shall review Community
Parks and make recommendations to the Hearing Examiner; excepting that Mini-
Parks and Neighborhood Parks shall be reviewed and approved by the Parks,
Recreation and Cultural Services Director.
Table 15.340.010-1 Park Standards for Level of Service
Category General Description Location Criteria
Mini-Park Used to address limited, isolated, or unique
recreational needs.
1/4-mile radius in
residential setting.
Neighborhood
Park
Remains the basic unit of the park system and serves
as the recreational and social focus of the
neighborhood. Focus is on informal active and passive
recreation.
1/2-mile radius and
uninterrupted by non-
residential streets or
other physical barriers.
Community
Park
Serves a broader purpose than a neighborhood park.
Focus is on meeting community-based needs as well
as preserving unique landscapes and open spaces.
Determined by the
quality and suitability of
the site.
Note: Table definitions are for the purposes of applicability threshold for decision authority.
C. Fee-In-Lieu of Dedication. The City may require a fee-in-lieu of dedication and a
dedication of open space at the sole discretion of the Parks, Recreation and Cultural
Services Director after review of the Dedication Criteria. Fee-in-lieu of dedication value of
land area and improvements, shall be remitted to the City to fulfill the requirements of
this section. The amount of fee-in-lieu of dedication required will be determined using
the area required, Table 15.340.010-2, Residential Development Park Requirements, and
the adopted costs within the Parks and Recreation Design Standards These are based on
the cost of meeting the adopted level of service for neighborhood parks in the Parks,
Recreation & Open Space Plan (PROS), Moses Lake Parks & Recreation Design Manual,
Policies and Programs. Fees collected shall be allocated to a neighborhood park, open
space, cultural or recreation project and shall be expended within five (5) years of fee
acceptance.
Part 15.300 LAND DIVISION Page 32 of 33
Table 15.340.010-2 Residential Development Park Requirement
Required Items
Items 0-3 acres 3-5 acres 5 acres or larger
Garbage Cans 2 per acre 2 per acre 2 per acre
Benches 1 per acre 1 per acre 1 per acre
Picnic Tables 1 per acre 1 per acre 1 per acre
Dog bag Stations 1 per park 2 per park 4 per park
Restrooms 0 1- 2 unit Restroom 1- 4 unit Bathroom
Parking 0 See parking
standards
See parking
standers
Active Recreation
Items 0-3 acres 3-5 acres 5 acres or larger
Sports Field
Baseball/Softball Field
Pickleball Court
Tennis Court
Sport Court (may include, but
is not limited to: Basketball,
futsal, or similar courts)
Workout stations
One item per acre One item per acre One item per acre
Play Equipment 3 features per acre
for single age group
3 features per acre
for two age groups
3 features per acre
for three age groups
Passive Recreation
Items 0-3 acres 3-5 acres 5 acres or larger
Trails/Pathways
Open space/turf area
Off leash dog park
Community Garden plots
One item per acre One item per acre One item per acre
Other passive or active recreation facilities if approved by the Parks, Recreation and
Cultural Services Director.
D. Dedication Criteria.
1. Prohibition. The required minimum open space dedication shall not include lands
reserved for street rights-of-way.
2. Open Space Dedication Location.
a. The City of Moses Lake maintains a walkable parks map detailing actual half-mile
or 10-minute walking distance on safe routes (sidewalks, trails, or crosswalks) to
public parks, open space, or greenspace. This map includes school properties that
have fields/playgrounds as open space components.
b. Any identified gaps in service for the half-mile distance or 10-minute walk will be
identified on the map and opportunities to fill in those gaps will be considered as
they arise.
c. Any new development in the City that is required to provide open space or pay
in-lieu fees will be evaluated by the Parks, Recreation and Cultural Services
Director based on a half-mile walking distance to a park or open space standard
Part 15.300 LAND DIVISION Page 33 of 33
and the National Recreation and Parks Association reported median 9.8 acres of
parkland per 1,000 residents for population centers 20,000 to 49,999 people. The
Parks, Recreation and Cultural Services Director will decide based on these
standards whether a park is required or if a fee in lieu of a park is required.
d. The area proposed for dedication shall be within the subject development.
e. The designated open space shall be contiguous. Where practical, the proposed
dedicated property shall be located adjacent to other established or planned
park, open space, critical area buffers, or recreational areas in adjacent parcels or
developments, schools, or public parks; provided, that such dedication would
increase the overall benefit to the residents of the subject development and
conform to other criteria in this section.
f. Open space shall be designated to minimize conflicts with existing and planned
utilities and road rights-of-way.
3. Open Space Dedication Access.
a. All residences within the subject development must have access to the proposed
area for dedication at the time of approval. Access shall not be blocked by major
obstacles such as arterials or collectors.
b. Areas dedicated for active recreational open space shall have reasonable access
from street frontage at a minimum of one hundred (100) feet of street frontage.
Design measures shall accomplish the purposes of access and security.
4. Open Space Uses. The designated open space shall be used for any of the following
permitted uses:
a. Active or passive recreational activities;
b. Protection of critical areas and their required buffers;
c. Park landscaping requirements and other park improvements;
5. Open Space Dedication Recreation. The dedicated open space area shall be suitable
for recreation. The topography, soils, hydrology, and other physical characteristics of
the area proposed for active recreation shall be of such quality as to provide a dry
obstacle-free space in a configuration which is suitable for active recreation.
Part 15.400 ZONING AND OVERLAY DISTRICTS
Chapter 15.405 ZONES, OVERLAY ZONES, AND LAND USE
Chapter 15.410 RESIDENTIAL DISTRICT STANDARDS
Chapter 15.415 HOUSING TYPE STANDARDS
Chapter 15.420 NONRESIDENTIAL AND MIXED-USE DISTRICT STANDARDS
Chapter 15.425 GRANT COUNTY AIRPORT OVERLAY DISTRICT
Chapter 15.427 MOSES LAKE MUNICIPAL AIRPORT OVERLAY DISTRICT
Part 15.400 Zoning and Overlay Districts Page 2 of 69
Chapter 15.405
ZONES, OVERLAY ZONES, AND LAND USE
Sections:
15.405.010 Purpose and Application
15.405.020 Adopted Zoning Map and Interpretation
15.405.030 Establishment of Zones.
15.405.040 Establishment of Overlay Districts.
15.405.050 Interpretation of Land Use by Zone Tables.
15.405.060 Residential Land Uses by Zone.
15.405.070 Non-Residential Land Uses by Zone.
15.405.080 Unlisted Uses.
15.405.090 Low Density Residential (R-1) Standards.
15.405.100 Medium Density Residential (R-2) Standards.
15.405.110 High Density Residential (R-3) Standards.
15.405.120 Nonresidential and Mixed Use Standards.
15.405.010 Purpose. The purpose of this Part is to establish and define the land use zones located within
and throughout the City of Moses Lake. The City is divided into zones that are established and
enforced for the following purposes:
A. To provide for the geographic distributions of zones based on land uses that reflect the
vision, goals, and policies of the Moses Lake Comprehensive Plan;
B. To provide for a consistent and compatible residential land use pattern;
C. To preserve and provide for the public safety needs of the citizens of Moses Lake.
15.405.020 Adopted Zoning Map and Interpretation. The City of Moses Lake adopts, maintains,
interprets, and enforces its Official Zoning Map according to the following:
A. The boundaries of Zones and Overlay Zones are shown upon the map entitled “Official
Zoning Map of the City of Moses Lake” (referred to hereinafter as “Zoning Map”) which is
incorporated into and made part of the MLUDC by reference.
B. The Zoning Map and all notations, references, and other information shown on it are a
part of the MLUDC and have the same force and effect as the MLUDC.
C. The Zoning Map that is on file at the City of Moses Lake Community Development Services
shall control in the event of a conflict between the map that is on file and any other
reproduction of said map, including but not limited to, maps that are made available
electronically.
D. Amendments to the Zoning Map approved by Ordinance of the City Council shall be made
administratively by the Director or designee. Technical changes to the Zoning Map that
are necessary to ensure that the Zoning Map accurately reflects zone boundaries
previously approved by Ordinance of the City Council shall also be made administratively
by the Director or designee, including subsequently discovered scrivener’s errors. Zoning
Map amendments approved by the City Council have immediate effect, unless otherwise
specified in the enabling Ordinance.
E. Amendments to the Zoning Map that stem from a privately initiated zoning change
request shall only be implemented on the Zoning Map after a Final Decision has been
rendered on the underlying zone change request, and after the time limit for which an
Part 15.400 Zoning and Overlay Districts Page 3 of 69
appeal by an interested party has expired. A duly filed and accepted appeal shall pause
the implementation of the change until resolved.
F. Zone boundaries, unless otherwise indicated, are lot lines or the center line of streets and
alleys as shown on the official Zoning Map. Where the street layout on the ground varies
from that shown on the Zoning Map, the designations shown on the map shall be applied
to the streets as actually laid out so as to carry out the intent and purposes of the MLUDC.
In a case where it appears that the Zoning Map shows a zone boundary bisecting or
otherwise crossing an existing parcel, the Director shall make an Administrative Code
Interpretation decision that seeks to carry out the intent and purpose of the MLUDC and
any relevant Ordinance or Final Decision meant to establish the zoning boundary at the
appropriate lot line, street, or alley.
15.405.030 Establishment of Zones. In order to carry out the provisions of the MLUDC, the City is divided
into the zones set forth in Table 15.405.030, Moses Lake Zones.
Table 15.405.030 Moses Lake Zones
Zone
Classification
/Name
Abbreviation Character Purposes
Residential
Low Density
Residential R-1 Suburban
Provides for low-density residential development in
neighborhoods already characterized by one and two-
family dwellings, and in areas not suited to more
intense residential development. These purposes are
accomplished by:
1. Allowing detached single-family as the predominant
use;
2. Allowing multi-unit structures that are compatible
with a single-family aesthetic;
3. Providing design standards and guidelines that
enhance the appearance and function of uses in the
zone and their compatibility with surrounding uses.
Medium
Density
Residential
R-2
Auto-
oriented
or
Suburban
Provides for moderate density residential uses in a mix
of housing types and styles.
1. Allowing multi-family, townhomes, cottage housing,
and mixed housing type uses;
2. Providing design standards and guidelines that
enhance the appearance and function of uses in the
zone and their compatibility with surrounding uses
High Density
Residential R-3
Auto-
oriented
or Urban
Provides for multifamily residential uses in more
urbanized areas of the City in a range of styles,
including limited opportunities for mixed-use
development. This designation also serves as
transitional areas between lower-density residential
neighborhoods and non-residential areas.
Part 15.400 Zoning and Overlay Districts Page 4 of 69
1. Allowing multi-family, townhomes, cottage housing,
and mixed housing types;
2. Providing design standards and guidelines that
enhance the appearance and function of uses in the
zone and their compatibility with surrounding uses.
Commercial and Mixed Use
Central
Business
District/
Downtown
C1 Urban
core
This zone provides for a pedestrian oriented mixed-use
area that focuses less on automotive traffic. It is
intended to provide for a variety of uses to facilitate a
live, work, play environment.
Transitional
Commercial/
Downtown
C1A Urban
core
This zone provides for a pedestrian oriented mixed-use
area that focuses less on automotive traffic. It is
intended to provide for a variety of uses to facilitate a
live, work, play environment.
General
Commercial
and Business
Zone
C-2
Auto-
oriented
suburban
or urban
Facilitates economic activity in Moses Lake through
commercial development in a variety of forms and
locations. The zone orients mainly to automotive traffic
Industrial
Light
Industrial L-I Auto-
oriented
Intended to accommodate a variety of light industrial
uses including but not limited to manufacturing,
warehousing, distribution operations, processing, and
fabricating, and to preserve land for such use.
Heavy
Industrial H-I Auto-
oriented
Intended to accommodate heavy industrial uses and to
preserve land for such uses at locations that will permit
less restrictive industrial performance standards and
bulk regulations than are required in the L-I Zone,
thereby providing greater flexibility to accommodate a
variety of heavy industrial uses including but not
limited to manufacturing, fabricating, processing,
warehousing, distribution operations, and assembly.
These purposes are accomplished by providing design
standards and guidelines that enhance the appearance
and function of uses in the zone and their compatibility
with surrounding uses.
Public
Public P Varies
Indicates areas that are used for the variety of public
uses which are required in a city such as parks, offices,
community facilities, and schools. All publicly owned
property is to be designated “Public” unless otherwise
zoned.
Parks and
Open Space OS Natural Intended to designate areas reserved for parks or open
space uses that are generally available to the public.
Part 15.400 Zoning and Overlay Districts Page 5 of 69
15.405.040 Establishment of Overlay Districts.
A.Overlay districts are complimentary to the underlying zoning designation and may apply
additional criteria or standards along with those for the underlying zone. Any
discrepancies should be resolved in favor of the overlay district standards.
B.Overlay district are established in the following Table 15.405.040, Moses Lake Overlay
Districts.
Table 15.405.040 Moses Lake Overlay Districts
Overlay
District Abbreviation Purposes
Downtown
Creative
District
DCD
Intended to promote revitalization of Downtown Moses Lake through
targeted investments that will promote a unique sense of place,
increase the vitality of Downtown by adding housing and mixed-use
development, and reinforce Downtown’s role as a civic center for the
community.
Broadway
Revitalization
District
BRD
Intended to improve the overall viability of development in this
important gateway corridor into Downtown Moses Lake through
infrastructure investments, public-private partnerships, and land use
regulations to promote infill development.
EPA
Groundwater
Institutional
Control
Boundary
Pertains to land surrounding the Grant County Airport and is a
designated as a U.S. Environmental Protection Agency (EPA)
Superfund site due to soil and groundwater contamination resulting
from past industrial activity. The EPA has documented two
groundwater contamination plumes, and clean-up activities in the
area are ongoing. In addition to technical cleanup and remediation
measures, institutional controls, such as zoning and development
regulations, may be necessary to ensure the safety of residents and
businesses in the area. The Institutional Control Boundary delineates
the area where such controls may be necessary, as determined by the
EPA.
Municipal
Airport
Overlay
Districts
(Grant
County and
Moses Lake
Municipal)
This zone relates to the property within the boundary of the Moses
Lake Municipal Airport. The primary purposes of the Moses Lake
Municipal Airport Zone are: A. To assure that the property
comprising the Moses Lake Municipal Airport will continue to be used
in a manner that is compatible with general aviation airport and
aircraft operations. and B. To establish a framework within which
both commercial and recreational aviation and aviation-related
activities can prosper.
15.405.050 Interpretation of Land Use by Zone Tables.
A.The purpose of this Chapter is to establish where categories of land uses may be
permitted and whether those uses are allowed outright or by conditional use permit.
Permitted uses may have additional standards or criteria that apply. Land uses are also
subject to any footnotes contained within this Chapter. Land uses not listed are presumed
to be prohibited. If a proposed use is not listed, but may be substantially similar to a listed
Part 15.400 Zoning and Overlay Districts Page 6 of 69
use, an Applicant may seek clarification through a request for a Code Interpretation. See
also 15.405.080 below.
B.The symbols used in the table represent the following:
1. A “P” means “permitted as-of-right.” These uses are subject to administrative review
for compliance with the general requirements of the MLUDC, as well as any additional
criteria or standards that apply to the particular use.
2. A “C” indicates that the use is allowed by Conditional Use Permit (CUP) and is subject
to the conditional use provisions in MLUDC Chapter 15.225 and any additional
standards specified.
3. A “L” indicates that the use is “limited” and includes additional standards, criteria,
and specifications.
4. No symbol in the box indicates the use is prohibited in the zone.
C.Procedural requirements for permits are described in Part 15.200.
15.405.060 Residential Land Uses by Zone. The residential land uses that are allowed in each zone are
outlined in Table - Residential Land Uses by Zone. Housing descriptions and standards for each
housing type are within the standards sections. Permitted uses may still have additional
standards that apply to specific types of development in all or some zones.
Table 15.405.060 Residential Land Uses by Zone
Zones
Residential
Commercial and
Mixed Use Industrial Public
Land Use R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P MLUDC Reference
Single Family
Dwelling Unit P P P 15.410 & 15.415
Zero Lot Line Home P P P 15.410 & 15.415
Accessory Dwelling
Unit P P P 15.410 & 15.415
Duplex P P P 15.410 & 15.415
Townhouse P P P 15.410 & 15.415
Stacked Flats P P 15.410 & 15.415
Triplexes (1)P P P 15.410 & 15.415
Fourplexes (1)P P P 15.410 & 15.415
Fiveplexes P 15.410 & 15.415
Sixplexes P 15.410 & 15.415
Cluster Housing
Developments(2)P P 15.410 & 15.415
Courtyard
Apartments P 15.410 & 15.415
Cottage Housing(2)P P 15.410 & 15.415
Multi-family
Residential P P(L)P(L)C
15.410 & 15.415
L – Accessory Use on
second floor
Part 15.400 Zoning and Overlay Districts Page 7 of 69
Manufactured
Homes P P 15.410 & 15.415
Manufactured
Home Parks C C 15.410 & 15.415
Modular Homes P P P 15.410 & 15.415
Micro (Tiny) Homes
(3)P P P 15.410 & 15.415
Mixed Use
Residential
Development
P P P P
15.410 & 15.415
Other Housing (4)P P P 15.410 & 15.415
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Special Residential Land Uses
Assisted Living or
Congregate Care P P P C C
Group Home P P P C C
Home Occupation P P 15.630
Short Term Rental P P P 15.650
Live-Work Unit P P C C 15.420
Nursing Home,
Memory Care,
Alzheimer’s Care
C C C (5)C(5)P
Protective Care P P P P P P
Boarding House C C C P P
RV Parks (for
housing)P 15.415
Transitional
Housing 15.415
Development conditions (footnotes):
(1)Triplexes and Fourplexes in the R-1 and R-2 Zone shall only be located on corner lots.
(2)Cluster developments including cottage housing shall comply with the subdivision and
development standards in Part. Cluster housing shall avoid critical areas in accordance with Part
15.500.
(3)Micro (Tiny) Homes shall be allowed in each zone with densities and unit allocations as outlined in
15.415.010.
(4)Other Housing types, as they may exist now or be developed in the future, shall always be subject
to all additional criteria found in referenced code sections, as well as all applicable building, fire,
and health standards.
(5)These facilities may not be located or operated on the ground floor of buildings in the Downtown
Zone.
“P” = Permitted Use; “L” = Limited Use (see section and standards); “C” = Conditional Use
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15.405.070 Non-Residential Land Uses by Zone. The non-residential land uses that are allowed in each
zone are outlined in Table Non- Residential Land Uses by Zone. Standards can be found within
the standards sections. Permitted uses may still have additional standards that apply to
specific types of development in all or some zones.
Table 15.405.070 Non-Residential Land Uses by Zone
Zones
Residential
Commercial and
Mixed Use Industrial Public
Land Use R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
MLUDC
Reference
Hospitality, Recreation, and Entertainment Uses
Exhibition Halls and
Museums P P P P
Bed and Breakfast P P P C
Brewery or Winery
(production only)P(L)P(L)
L - Micro
Brewery,
Distillery,
Winery – CUP
Brewpub P1 P1 P
Limited Winery /
Tasting Rooms (no
production)
P P Exception for
Fairgrounds
Distillery P P
Bar P P P
Campground, public P
Campground, private C C
Commercial Lodging,
Business or Tourist P P P
Commercial Lodging,
Convention P P P P
Convention Center P P P P
Community Center
or Service Clubs
P
(2)
P
(2)P (2)P P P
Fairgrounds P
Golf Course, public C C C P
Golf Course, private C C C C
Indoor Amusement,
Recreation and
Entertainment
P P P P
Indoor Firing or Gun
Range C C C C C
Movie Theatre P
Outdoor Commercial
Recreation or
Amusement
P P P P C
Part 15.400 Zoning and Overlay Districts Page 16 of 69
Outdoor Stadium,
Arena,
Amphitheatre, or
Drive-In Theater
C P
Parks P P P P P P P P P
Restaurant C
(3)C (3)P P P P CUP under
2,000 sq ft
Restaurant, Fast
Food (Drive through)P P
Skating Rink P P
RV Park P C
Adult Entertainment C
Zoo C C
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Commercial Uses
Electric vehicle
charging stations(4)P P P P P P P P P
Fueling or service
stations P P P
Fruit or Vegetable
Stand P
Laundromat P P P
Cannabis/Marijuana
*retail P P C
Motor vehicle wash P P P P
Motorcycle, scooter,
E-bike, ATV sales or
rental
C C P P
Office, General C C P P P P
L -Size,
location and
2nd floor,
define
Office, Medical P(L)P P P P
L -Size, 2nd
floor, location
and define
Office, Personal
Services P(L)P P P C
L -Size,
location, 2nd
floor and
define
Retail Sales and
Services P P P P C
Kennel (Indoor P P P P
Kennel (outdoor)P
Part 15.400 Zoning and Overlay Districts Page 17 of 69
Surface parking (2)P P P P P
Paid /
Accessory –
off-site
Structured parking C C P P P
Veterinarian (Large
Animal)P
Veterinarian (Small
Animal)P P P P
Nursery or
Greenhouse,
Wholesale
P P P P
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Community and Institutional Uses
Airport P
Bus or Taxi Terminal C C C C
Cemetery C P
Churches, Temples,
Synagogues, etc. C C C C C P
Day Care Center,
Adult or Child,
Level 1
C C C C C P 15.605
Day Care Center,
Adult or Child,
Level 2
C C C C C C 15.605
Funeral Home P P
Essential Public
Facilities 15.625
Hospital C C
School C C C C C C C
Makers Space /
Incubator P P P P
University or
College, Vocational
Schools
P P P P
Community Garden P P P P P P P P
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Industrial Uses
Concrete Products P P
Concrete
Manufacturing P
Composting Facility P P
Cryptocurrency C 15.615
Part 15.400 Zoning and Overlay Districts Page 18 of 69
Data Centers C 15.615
Disposal
Food Processing P P
Heavy Industry (L)C P
Heavy vehicle sales
or rental, including
tractor trailers, RV’s,
implements, etc.
P P P
Heavy Logistics
Center P P
Light Industry (L)P P
Light Manufacturing
Cannabis/ Marijuana
production and
processing
C C 15.635
Recycling Collection
Center P(L)P P L – up to 2,000
sq ft
Rendering Plant/
Slaughterhouse P
Resource Extraction
(minerals)C
Salvage Yard C P
Self-Storage / Mini-
storage C P(L)P P 15.640
Contractor Yard P P
Storage Yard P P
Storage of Gravel &
Equipment for
construction
P P
R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Governmental, Utility, and Wireless Communication
Court House P P P
Fire Station P P P P P P P P P
Jail C P
Library P P P P P
Police Station P P P P P P P P P
Public Agency or
Utility Office P P P P
Public Agency or
Utility Yard P P P
Utility Facility C P P P P
Freestanding
Communications
Tower
C C C C 15.655
Part 15.400 Zoning and Overlay Districts Page 19 of 69
Alternative Tower
Structure C C C C 15.655
Small Cell Wireless
Facility P P P P P P P P P 15.657
Other Wireless
Communication
Facilities
C C C C C C 15.655
Development conditions (footnotes):
(1) A Brewery or Winery with a retail component is limited to a maximum of 4,000 sq ft in C-1 or C-1A
and 10,000 sq ft in C-2.
(2) These facilities are allowed in residential zones so long as there is no service, sale, or use or alcohol
or cannabis products.
(3) Restaurants in the residential zones shall be no larger than 2,000 sq ft.
(4) Vehicle battery charging stations are permissible for the primary use of residents and their guests
in all residential zones. Battery charging station clusters are permitted for multifamily uses located
in the R-3 zone.
(5) Use is described as primary use on site not secondary. Grading and/or site development permit is
required.
(6) Indoor.
15.405.080 Unlisted Uses.
A. How to Determine. If a proposed use is not listed in a Land Use by Zone Table, then the
Director or designee shall determine whether the proposed use is functionally
comparable to a use that is listed in Tables 15.405.060 and 15.405.070. A request for such
a determination is considered a Code Interpretation Type I Permit. Once an official
request for a Code Interpretation is received and accepted by the Department, the
Director or designee shall determine whether the proposed unlisted use is functionally
comparable to a listed use, or not, according to the criteria and considerations in
subsection B below.
B. Decision Criteria. The following decision criteria shall be evaluated when the Director
determines whether a proposed use is functionally comparable to an allowed use:
1. Parking demand;
2. Average daily and peak hour trip generation;
3. Noise;
4. Vibration;
5. Lighting;
6. Dust;
7. Odors;
8. Potentially hazardous conditions, such as projectiles leaving the site;
9. Secondary impacts on the community (e.g., increased crime or threats to public
health, or degradation of historic resources);
10. Design of buildings and structures;
11. Character of operation;
12. Implementation of the Comprehensive Plan;
13. The latest version of the North American Industry Classification System; and
Part 15.400 Zoning and Overlay Districts Page 20 of 69
14. Any other relevant consideration.
C. Determinations.
1. If the Director determines that the unlisted use is functionally comparable to a
permitted or conditional use, then an application for approval of the unlisted use shall
be processed with the same restrictions as the listed use that it is functionally
comparable to.
2. If the Director determines that an unlisted use is most closely functionally comparable
to a prohibited use, or is not functionally comparable to any listed use, then the
unlisted use is a prohibited use.
15.405.090 Low Density Residential (R-1) Standards.
A. In General. The R-1 zone is the residential zone with larger lots and a lower density of
development. This zone is primarily focused on detached single dwelling units with
potential for accessory dwellings, but also allows attached units and small-sized multi-
unit structures that are consistent with the lower density character of the zone.
Table 15.405.090 R-1 Building Dimensional Standards
R-1 Building Dimensions Standard Reference
Front setback (for
parking/vehicle/garage)25 feet
Front setback (residential structure)10 feet
Rear setback 15 feet
Side setback 5 feet
Maximum building height 35 feet
Accessory dwelling unit (ADU)
maximum height (1)24 feet 15.415.010
Accessory structure maximum height (1)20 feet
Parking Requirements (1)2 off street spots per principal
unit
Minimum Lot Width (1) (2)(5)40 feet (25 on curves and cul-de-
sac)
Minimum Lot Depth(5)75
Minimum Lot Size(5)4,000 sq ft or 10 units per acre
Notes:
(1) Exceptions and Standards for Accessory Dwelling Units are outlined in MLUDC 15.415.010.
(2) Corner lots shall have a minimum width of 60 feet in the R-1 Zone.
(3) The minimum lot width, depth, and size may be reduced in a subdivision as long as the average
of all of the lot sizes within the subdivision remains equal to or above the minimum lot width,
depth, and size. All lots must comply with all other requirements, including but not limited to
minimums set forth in Title 16 MLMC, Buildings and Construction.
B. Density. Generally, the maximum number of residential units per lot in the R-1 Zone is
two (2) principal dwelling units. Increased density per lot is allowed under the following
circumstances:
Part 15.400 Zoning and Overlay Districts Page 21 of 69
1. Affordable Housing. If one or more of the residential units on a particular lot is
designated as “affordable housing” meeting the requirements of RCW 36.70A.635(2),
then there may be up to four (4) principal residential units on that lot.
2. Corner Lots. Triplexes and Fourplexes are allowed uses on corner lots within the R-1
Zone. Therefore, the maximum number of principal residential units is four (4) per
corner lot within the R-1 Zone, so long as the units are all within the same structure.
3. ADUs. The addition of two (2) Accessory Dwelling Units (ADUs) per lot is generally
allowed. ADUs are considered residential units (but no principal units) when
calculating per lot density. All underlying zoning standards, as well as those found in
MLUDC 15.415.010, shall always apply. The number of ADUs allowed to be
constructed on each lot in the R-1 Zone shall be as follows:
a. If the principal unit is a single-family detached unit with no other residential units
on the lot, then two (2) ADUs are permitted on that lot.
b. If the subject lot contains only two (2) principal residential units (i.e. a duplex),
then only one (1) ADU is allowed.
c. If the subject lot already contains three (3) or more residential units, then ADUs
shall not be allowed to be constructed on that lot.
C. Primary Entrance.
1. Residential units shall have a primary entrance that faces the street or a common
courtyard.
2. The primary entrance shall include an architectural feature such as a porch, landing,
or portico.
3. There shall be a walkway from the primary entrance to the sidewalk or driveway.
D. Landscape and Hardscape Standards. Landscaping shall comply with MLUDC Chapter
15.720.
E. Building Height Plane. Buildings shall comply with MLUDC Chapters 15.410 and 15.415.
F. Massing Standards. All principal residential dwelling structures that contain more than
one residential unit shall comply with the applicable standards found in MLUDC Chapters
15.410 and 15.415.
15.405.100 Medium Density Residential (R-2) Standards.
A. In General. The R-2 zone is the residential zone with moderate density residential uses
and a mixture of housing types at a medium density. This zone is comprised of a mixture
of housing types ranging from single dwelling units up to fourplexes. The intent of this
zone is to allow a diversity of housing types while maintaining a moderate density
neighborhood character.
Table 15.405.100 R-2 Building Dimensional Standards
R-2 Building Dimensions Standard Reference
Front setback (for
parking/vehicle/garage)25 feet
Front setback (residential structure)8 feet
Rear setback 10 feet
Side setback 5 feet
Maximum building height 40 feet
Part 15.400 Zoning and Overlay Districts Page 22 of 69
Accessory dwelling unit (ADU)
maximum height (1)24 feet 15.415.010
Accessory structure maximum height (1)20 feet
Parking Requirements (1)2 off street spots per principal
unit
Minimum Lot Width (1) (4)40 feet (25 on curves and cul-de-
sac)
Minimum Lot Depth(4)75 feet
Minimum Lot Size (4)2,700 sq ft or 10 units per acre
Notes:
(1)Exceptions and Standards for Accessory Dwelling Units are outlined in MLUDC 15.415.010.
(2)The minimum lot width, depth, and size may be reduced in a subdivision as long as the average
of all of the lot sizes within the subdivision remains equal to or above the minimum lot width,
depth, and size. All lots must comply with all other requirements, including but not limited to
minimums set forth in Title 16 MLMC, Buildings and Construction.
B. Density. Generally, the maximum number of residential units per lot in the R-2 Zone is
two (2) principal dwelling units. Increased density per lot is allowed under the following
circumstances:
1. Affordable Housing. If one or more of the residential units on a particular lot is
designated as “affordable housing” meeting the requirements of RCW 36.70A.635(2),
then there may be up to four (4) principal residential units on that lot.
2. Corner Lots. Triplexes and Fourplexes are allowed uses on corner lots within the R-2
Zone. Therefore, the maximum number of principal residential units is four (4) per
corner lot within the R-2 Zone, so long as the units are all within the same structure.
3. ADUs. The addition of two (2) Accessory Dwelling Units (ADUs) is generally allowed.
ADUs are considered residential units (but not principal units) when calculating per
lot density. All underlying zoning standards, as well as those found in MLUDC
15.415.010, shall always apply. The number of ADUs allowed to be constructed on
each lot in the R-2 Zone shall be as follows:
a. If the principal unit is a single-family detached unit with no other residential units
on the lot, then two (2) ADUs are permitted on that lot.
b. If the subject lot contains only two (2) principal residential units (i.e. a duplex),
then only one (1) ADU is allowed.
c. If the subject lot already contains three (3) or more residential units, then ADUs
shall not be allowed to be constructed on that lot.
C. Primary Entrance.
1. Residential units shall have a primary entrance that faces the street or a common
courtyard.
2. The primary entrance shall include an architectural feature such as a porch, landing,
or portico.
3. There shall be a walkway from the primary entrance to the sidewalk or driveway.
D. Landscape and Hardscape Standards. Landscaping shall comply with MLUDC Chapter
15.720.
E. Building Height Plane. Buildings shall comply with MLUDC Chapters 15.410 and 15.415.
Part 15.400 Zoning and Overlay Districts Page 23 of 69
F. Massing Standards. All principal residential dwelling structures that contain more than
one residential unit shall comply with the applicable standards found in MLUDC Chapters
15.410 and 15.415.
15.405.110 High Density Residential (R-3) Standards.
A. In General. The R-3 zone is intended to be a more urbanized residential zone with the
highest density and mixture of residential uses. This zone is transitional from lower
density residential zones towards commercial or mixed-use districts. This allows for the
largest range of housing types while maintaining compatibility and a transitional form
between land uses.
Table 15.405.110 R-3 Building Dimensional Standards
R-3 Building Dimensions Standard Reference
Front setback (for
parking/vehicle/garage)22 feet
Front setback (residential structure)8 feet
Rear setback 10 feet
Side setback 5 feet
Maximum building height (1)50 feet (1)
Accessory dwelling unit (ADU)
maximum height (2)24 feet 15.415.010
Accessory structure maximum height (2)20 feet
Lot building coverage 75%
Parking Requirements (2)2 off street per unit 15.715
Minimum Lot Size(6)2,000 sq ft
Maximum Density (3)25 units per acre
Notes:
(1) The maximum building height may be increased to 50 feet if the bottom floor or base layer of
the structure is used for parking.
(2) Exceptions for Accessory Dwelling Units are outlined in MLUDC 15.415.010.
(3) The Maximum Density of 25 units per acre applies to multifamily development, not for the
purposes of determining minimum lot size.
(4) The minimum lot size may be reduced in a subdivision as long as the average of all of the lot
sizes within the subdivision remains equal to or above the minimum lot size. All lots must comply
with all other requirements, including but not limited to minimums set forth in Title 16 MLMC,
Buildings and Construction.
B. High Density Housing Density. Generally, the maximum number of residential units per
lot in the R-3 Zone is two (2) principal dwelling units. Increased density per lot is allowed
under the following circumstances:
1. Affordable Housing. If one or more of the residential units on a particular lot is
designated as “affordable housing” meeting the requirements of RCW 36.70A.635(2),
then there may be up to four (4) principal residential units on that lot.
2. ADUs. The addition of two (2) Accessory Dwelling Units (ADUs) is generally allowed.
ADUs are considered residential units (but not principal units) when calculating per
lot density. All underlying zoning standards, as well as those found in MLUDC
Part 15.400 Zoning and Overlay Districts Page 24 of 69
15.415.010, shall always apply. The number of ADUs allowed to be constructed on
each lot in the R-3 Zone shall be as follows:
a. If the principal unit is a single-family detached unit with no other residential units
on the lot, then two (2) ADUs are permitted on that lot.
b. If the subject lot contains only two (2) principal residential units (i.e. a duplex),
then only one (1) ADU is allowed.
c. If the subject lot already contains three (3) or more residential units, then ADUs
shall not be allowed to be constructed on that lot.
d. No ADUs are allowed on a lot that has multi-family development.
C. Multi-Family Residential Density. Multi-family development in the R-3 zone is allowed to
construct units up to a maximum density of 25 units per acre.
1. Courtyard apartments, cottage housing, and all other middle housing options are not
considered multi-family residential developments for the purposes of applying these
density standards.
D. Primary Entrance.
1. Residential units shall have a primary entrance that faces the street or a common
courtyard.
2. The primary entrance shall include an architectural feature such as a porch, landing,
or portico.
3. There shall be a walkway from the primary entrance to the sidewalk or driveway.
E. Landscape and Hardscape Standards. Landscaping shall comply with MLUDC Chapter
15.720.
F. Building Height Plane. Buildings shall comply with MLUDC Chapters 15.410 and 15.415.
G. Massing Standards. All principal residential dwelling structures that contain more than
one residential unit shall comply with the applicable standards found in MLUDC Chapters
15.410 and 15.415. All multi-family residential construction shall comply with the
applicable standards found in MLUDC Chapters 15.410 and 15.415.
15.405.120 Nonresidential and Mixed Use Standards. The below Table - Nonresidential and Mixed Use
Building Standards sets the standards for nonresidential and mixed use development.
Table 15.405.120 Nonresidential and Mixed Use Building Dimensional Standards
Building Dimensions C-1 C-1A C-2 L-I H-I P
Lot Area N/A N/A N/A N/A N/A N/A
Lot Width N/A N/A N/A N/A N/A N/A
Front Setback 0 ft.0 ft.15 ft.0 ft.0 ft.25 ft.
Street Side 0 ft.0 ft.15ft.0 ft.0 ft.25 ft.
Interior Side
Principal Buildings 0 ft.0 ft.0 ft.0 ft.0 ft.10 ft.
Accessory Buildings 0 ft.0 ft.0 ft.0 ft.0 ft.5 ft.
Rear
Principal Buildings 0 ft.0 ft.0 ft.0 ft.0 ft.20 ft.
Accessory Buildings 0 ft.0 ft.0 ft.0 ft.0 ft.15 ft.
Maximum Building Height
Principal Buildings 100 ft.100 ft.100 ft.50 ft.N/A 45 ft.
Part 15.400 Zoning and Overlay Districts Page 25 of 69
Accessory Buildings 100 ft.100 ft.100 ft.50 ft.N/A 45 ft.
Note: All structures must comply with all other requirements, including but not limited to any
minimums or maximums set forth in Title 16 MLMC, Buildings and Construction.
Part 15.400 Zoning and Overlay Districts Page 26 of 69
Chapter 15.410
RESIDENTIAL DISTRICT STANDARDS
Sections:
15.410.010 Compliance with Standards and Guidelines.
15.410.015 Design Standards and Guidelines Adopted by Reference.
15.410.020 Low Density Residential (R-1) Standards.
15.410.030 Medium Density Residential (R-2) Standards.
15.410.040 High Density and Mixed Use Residential (R-3) Standards.
15.410.030 General Residential Performance Standards.
15.410.010 Compliance with Standards and Guidelines. All residential 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. The residential district provisions in this Part generally apply to the following
development within the City:
A. All residential development.
B. All mixed use development that includes residential development
C. All alternative residential development
D. All residential subdivisions.
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.
15.410.015 Design Standards and Guidelines Adopted by Reference.
A. 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 titles, the
standard details for construction as approved by resolution of the City Council supersede
those in other titles.
B. Standards Adopted by Reference Minimum. The standards and requirements
established or referenced by the MLUDC are minimum requirements. These standards
may be increased and additional 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
Part 15.400 Zoning and Overlay Districts Page 27 of 69
spaces, and monetary contributions to any City fund established to finance the provision
of public services.
15.410.020 Low Density Residential (R-1) Standards.
A. Windows. No building shall be designed without windows on a building façade.
Exceptions may be made for zero-lot line homes as approved by the Director.
B. Siding Materials. Siding materials shall be wood, masonite, masonry, stucco, vinyl, or
other exterior siding similar in appearance to siding materials commonly used on
conventional site-built single-dwelling unit homes. The exterior siding materials shall
extend to the top of the foundation or skirting.
C. Foundation. A permanent, perimeter masonry or a concrete foundation shall be required
for all residential dwellings in the R-1 Residential District. Manufactured homes located
within residential districts other than the R-1 Residential District, shall have a perimeter
foundation or skirting that is similar in appearance to the foundations of site-built
housing. Manufactured homes shall be placed on concrete runners extending for the
length of the required blocking and eighteen (18) inches beyond the end pier. The runners
shall be no less than six (6) inches in thickness and a minimum of two (2) feet in width.
The runners will be reinforced with #4 rebar that are placed longitudinally and spaced no
more than twelve (12) inches apart. Tie-downs are required as per manufacturer’s
recommendation or as recommended by the Building Official.
D. Floor Level. The first finished floor level of a residence shall be 15 inches or less above the
top of the perimeter foundation wall. Manufactured homes may be recessed (pit-set) to
achieve this.
E. Garages. Whether attached or detached shall be setback from the front of the house a
minimum of five (5) feet. Garages cannot make up more than fifty percent (50%) of a front
facing façade.
F. Accessory. Accessory structures shall be setback a minimum of five (5) feet from the
primary structure.
Garage Standards
Part 15.400 Zoning and Overlay Districts Page 28 of 69
15.410.030 Medium Density Residential (R-2) Standards.
A. Windows. No building shall be designed without windows on a building façade.
Exceptions may be made for zero-lot line homes as approved by the Director.
B. Siding Materials. Siding materials shall be wood, masonite, masonry, stucco, vinyl, or
other exterior siding similar in appearance to siding materials commonly used on
conventional site-built single-dwelling unit homes. The exterior siding materials shall
extend to the top of the foundation or skirting.
C. Foundation. A permanent, perimeter masonry or a concrete foundation shall be required
for all residential dwellings in the R-2 Residential District. Manufactured homes located
within residential districts other than the R-2 Residential District, shall have a perimeter
foundation or skirting that is similar in appearance to the foundations of site-built
housing. Manufactured homes shall be placed on concrete runners extending for the
length of the required blocking and eighteen (18) inches beyond the end pier. The runners
shall be no less than six (6) inches in thickness and a minimum of two (2) feet in width.
The runners will be reinforced with #4 rebar that are placed longitudinally and spaced no
more than twelve (12) inches apart. Tie-downs are required as per manufacturer’s
recommendation or as recommended by the Building Official.
D. Floor Level. The first finished floor level of a residence shall be fifteen (15) inches or less
above the top of the perimeter foundation wall. Manufactured homes may be recessed
(pit-set) to achieve this.
E. Garages. Whether attached or detached shall be setback from the front of the house a
minimum of five (5) feet. Garages cannot make up more than fifty percent (50%) of a front
facing façade.
F. Access. Corner lots shall include access and building façade/entrance to each frontage for
multi-dwelling unit structures.
G. Accessory. Accessory structures shall be setback a minimum of five (5) feet from the
primary structure.
15.410.040 High Density and Mixed Use Residential (R-3) Standards.
A. In General. Multi-family Residential shall comply with the applicable sections of the City
of Moses Lake Design Standards and Guidelines which are adopted by this reference as if
fully set forth herein.
B. Building Orientation.
1. Buildings shall be oriented towards the street, not towards the alley or parking area.
2. Pedestrian entrances shall provide direct access to the public sidewalk.
3. Where parcels have multiple frontages, buildings shall be designed with orientation
towards both streets as much as feasible.
Part 15.400 Zoning and Overlay Districts Page 29 of 69
Building Articulation
C. Building Articulation—Multifamily Buildings. All multifamily buildings and residential
portions of mixed-use buildings shall include at least three of the following articulation
features at intervals of no more than thirty (30) feet along all facades facing a street,
common open space, and common parking areas:
1. Repeating distinctive window patterns at intervals less than the required interval;
2. Providing vertical building modulation. Minimum depth and width of modulation is
eighteen (18) inches and four (4) feet (respectively) if tied to a change in color or
building material and/or roofline modulation as defined in Roofline modulation of this
Section. Otherwise, minimum depth of modulation is ten (10) feet and minimum
width for each modulation is fifteen (15) feet. Balconies may not be used to meet
modulation option unless they are recessed or projected from the facade and
integrated with the building's architecture. For example, "cave" balconies or other
balconies that appear to be "tacked on" to the facade will not qualify for this option;
Part 15.400 Zoning and Overlay Districts Page 30 of 69
3. Change of roofline per Roofline modulation of this Section;
4. Providing horizontal modulation (upper level stepbacks). To qualify for this measure,
the minimum upper level stepback shall be at least five (5) feet and the treatment
shall be used consistently with other articulation elements or utilized along at least
fifty percent (50%) percent of the facade;
5. Articulating of the building's top, middle, and bottom. This includes a distinctive
ground floor or lower floor design, consistent articulation of middle floors, and a
distinctive roofline; or
6. Other methods that meet the purpose of the standards.
C. Base, Middle, and CapTop Massing Standards. In order to reduce the bulk appearance of
multi-story buildings and to maintain a pedestrian scale. The following standards shall be
met.
1. Base: Multi-story buildings with a ‘base’ ground level or single story shall orient for
pedestrian elements and scale. At least one of the following methods for base
massing standards shall apply:
a. Use of heavy materials on the ground floor such as brick, stone, or other different
materials than the middle level.
b. Multi-story buildings. Utilize a horizontal reveal line to denote the base between
the middle of the building.
c. Use of arcade, gallery or colonnade to accentuate the ground floor.
d. Utilize architectural detailing or fenestration (the arrangement of windows and
doors on the elevation of the building) to denote the ground floor.
2. Middle: The middle of a multi-story building is the less dominant part of the façade
but may consist of multiple levels and units. At least one of the following methods for
middle massing standards shall apply to multi-story projects in the any zone
permitting mixed use projects.
a. Use of stepback in massing or a minimum of five (5) feet from the ground floor
façade.
b. Utilize a change in material between the first and second floors.
c. Utilize a variation in window size between the ground floor and upper floors.
Upper floors are typically smaller window units scaled to residential units.
3. Top: At least one of the following methods for building cap massing standards shall
apply to multi-story projects in any zone permitting mixed use projects.
a. Use of a cornice (on flat roof buildings) or projecting roof lines for sloping roofs.
b. Utilize a reveal line or change in material, texture, pattering or color. Reveal lines
shall be a minimum of twenty-four (24”) from the top of the building.
D. Roofline Modulation. In order to qualify as a roofline modulation treatment in the
standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped
roofs, gables, or a broken or articulated roofline consistent with the required articulation
interval. Modulation shall consist of either:
1. Flat Roof. For flat roofs or facades with horizontal eave, fascia, or parapet, the
minimum vertical dimension of roofline modulation is the greater of two feet or 0.1
Part 15.400 Zoning and Overlay Districts Page 31 of 69
multiplied by the wall height (finish grade to top of the wall) when combined with
vertical building modulation techniques described in this Section. Otherwise, the
minimum vertical dimension of roofline modulation is the greater of four (4) feet or
two-tenths (0.2) multiplied by the wall height;
2. Sloped Roof. A sloped or gabled roofline segment of at least twenty (20) feet in width
and a minimum slope of 6:12. The roofline must include modulated segments at no
more than the interval required per the applicable standard above; or
3. Combination. A combination of the above.
Roofline Modulation
E. Screening of Rooftop Mounted Mechanical Equipment.
1. Use of Parapet Walls or Other Integrated Roof Structures Required: Mechanical
equipment must be screened by extending parapet walls or other roof forms that are
integrated with the architecture of the building.
2. Painting rooftop equipment or erecting fences are not acceptable methods of
screening rooftop equipment.
Part 15.400 Zoning and Overlay Districts Page 32 of 69
Screening of Rooftop Mounted Mechanical Equipment
15.410.030 General Residential Performance Standards.
A. Roof construction shall be of nonreflective materials.
B. Wheels and tongue of all manufactured homes not located in manufactured home parks
shall be removed.
C. All manufactured homes shall be new and previously untitled and shall bear the insignia
of approval by the State of Washington or the U.S. Department of Housing and Urban
Development indicating compliance with the National Manufactured Housing
Construction Safety Standards Act of 1974 (effective June 15, 1976).
D. Residential structures shall be constructed with a perimeter masonry or concrete
foundation that is in accordance with the State Building Code.
E. Residential structures shall have a hard surfaced route from the main entrance of the
residence to the street. This route may be directly from the entrance to the street or may
be from the entrance to the driveway.
F. All required off-street parking spaces shall be paved. The access route from the street to
the parking spaces shall also be paved, unless the street is not improved with paving.
G. The front-facing facade of an attached garage shall have articulation from the rest of the
facade. This may be provided by a setback, trellis, change in roof line, or other
architectural technique approved by the Director.
H. All buildings on the same lot should generally use similar materials and styles to provide
a cohesive appearance. They may vary in individual features and accents.
Part 15.400 Zoning and Overlay Districts Page 33 of 69
Chapter 15.415
HOUSING TYPE STANDARDS
Sections:
15.415.010 Accessory Dwelling Units.
15.415.020 Cluster Development; Tiny Homes; and Cottages.
15.415.030 Manufactured Homes on Individual Lots.
15.415.040 Manufactured Home Parks.
15.415.050 Emergency and Transitional Housing – General Provisions.
15.415.060 Emergency and Transitional Housing – Application Requirements
15.415.070 Emergency and Transitional Housing – Design Standards and Approval Criteria
15.415.080 Emergency and Transitional Housing – Zoning Districts Where Allowed.
15.415.090 Micro (Tiny) Home Standards.
15.415.010 Accessory Dwelling Units.
A. Accessory Dwelling Units (ADUs). The City intends to promote and encourage the
creation of Accessory Dwelling Units, subject to the design and development standards
found herein, for the purposes of:
1. Providing homeowners with the opportunity and flexibility to establish separate living
quarters within or adjacent to their homes, whether for the purposes of caring for or
providing housing for family members, or for obtaining rental income to help meet
the rising costs of home ownership, or for any other legal purpose;
2. Increasing the range and availability of housing choices within the City;
3. Protecting neighborhood stability, property values, and the single-family residential
appearance of the neighborhood by ensuring that ADUs are installed in accordance
with the provisions of this Section; and
4. Otherwise comply with the requirements of RCW 36.70A and other applicable
portions of state law.
B. Where Allowed. The installation or construction of an ADU, subject to the specific design
and development standards found in this Chapter, shall be allowed in all residential zones.
ADUs shall be allowed as an accessory to any properly permitted principal unit.
C. Where Prohibited. ADUs are prohibited on any lot that has or will have a multifamily use.
ADUs are prohibited on any lot for which the primary use is commercial or industrial in
nature, except that living quarters or dwelling units used for on-site security personnel
may be allowed.
D. General Performance Standards Apply. All standards for the underlying zoning district,
including lot size, minimum setbacks, and overall building/lot coverage, as set forth in the
applicable Sections of MLUDC Part 15.400, shall be met with respect to the siting and
dimensions of ADUs, except that a detached ADU may be sited at the lot line if that lot
line abuts a public alley.
E. Administrative Review. An ADU permit application shall be processed as a Type I permit.
F. General Design Standards. The ADU shall be designed and constructed to maintain the
appearance of the principal unit, including exterior finish materials, trim, roof pitch,
window design, and color. Any and all requirements, limits, restrictions, or design criteria
that apply to the principal unit shall also apply to the ADUs and their placement.
Part 15.400 Zoning and Overlay Districts Page 34 of 69
G. Number Allow Per Lot. No more than two (2) ADUs shall be permitted in conjunction with
the principal unit on a single lot of record, provided that adequate provisions for water
and sewage are met, and all other applicable criteria, standards, and code requirements
can be satisfied.
H. Allowable Size. An ADU shall have a gross floor area that is no less than three hundred
(300) square feet and no greater than one thousand (1,000) square feet max.
I. Permitted Height. An ADU shall have a maximum roof height limit of twenty-four (24)
feet. Except that an ADU to be constructed above an existing structure, including garages,
may have a maximum roof height limit of thirty-two (32) feet. If an existing structure is
itself being converted to an ADU, then the twenty-four (24) foot limit applies.
J. Conversion of Existing Legally Established Structures Allowed. An existing structure,
including detached garages, may be converted to an ADU. Such a conversion is allowed
even if the existing structure violates current code requirements for setbacks or lot
coverage. All other requirements, including those for building code compliance, and any
other provisions for health and safety shall apply.
K. Parking Requirements. One (1) off-street parking space shall be provided for each ADU.
L. Home Occupations. Home businesses or other home occupations shall comply with
criteria the same as allowed for the primary residence and adopted standards.
M. Short Term Rentals. Short Term Rentals of ADUs are prohibited.
N. Overriding State and Local Laws. This Chapter does not supersede or override other
applicable local and state laws designed to protect critical areas or their buffers,
environmentally sensitive areas, natural resources, nor any other duly applicable law or
regulation designed for the general health and safety of the public.
Attached Accessory Dwelling Unit
Part 15.400 Zoning and Overlay Districts Page 35 of 69
Detached Accessory Dwelling Unit
15.415.020 Cluster Development; Tiny Homes; and Cottages.
A. In General. Cluster development may consist of tiny homes, cottage style housing, or
other similar co-housing clusters that consist of a mixture of smaller units fixed on a single
parcel of development. The purpose of this development type is to have the housing types
arranged in clusters of typically (3) to (12) units around a green space. These
developments are meant to allow for flexibility and uniqueness in design.
B. Dimensional Standards. Table Tiny Home, Cottage, and Co-Housing Cluster Lot and
Building Standards illustrates the dimensional standards and Figure - illustrative Cottage
Housing Development Massing, illustrates an example for a housing cluster development.
C. Screening Requirements. In order to be compatible in character with single-family houses
in the R-1 and R-2 zones, boundaries between Cluster Developments and adjacent
residential zoned properties shall be screened with landscaping or architectural
treatments to reduce the appearance of bulk or intrusion onto adjacent residential
properties.
D. Homeowners’ Association. If the Cluster Development is a condominium, a homeowner’s
association is required to be created for the purpose of regulating and providing for the
use and maintenance of common areas, buildings, and similar shared improvements or
features. Covenants reflecting such use and maintenance requirements shall be recorded
with the Grant County Auditor.
Table 15.415.020 – Tiny Home, Cottage, and Co-Housing Cluster Lot and Building Standards
Minimum Maximum
Housing
Type
Lot
Area1
Lot
Width2
Front
Setback3
Side
Setback 3
Street
Setback3
Rear
Setback3
Building
Spacing4
Building
Height
Open
Space
Tiny
Home5 NA NA 15 ft 10 ft 10 ft 15 ft 20 ft
Cottages6 NA NA 15 ft 10 ft 10 ft 15 ft 25 ft
Common
Building NA NA 15 ft 10 ft 10 ft 15 ft
15 ft front
to front and
10 ft all
other sides 30 ft
40%
Notes:
1. Minimum area of subject property in which cluster development is proposed.
Part 15.400 Zoning and Overlay Districts Page 36 of 69
2. Minimum width of subject property for cluster development being proposed. If more than one
housing type is proposed in the cluster development, the largest minimum width applies.
3. Setback is for the development as a whole, relating to adjoining properties.
4. Refers to spacing for buildings within the cluster development.
5. Building footprint of 400 sf. or less
6. Building footprint of 900 sf. or less
Cluster Housing Developments
15.415.030 Manufactured Homes on Individual Lots.
A. In General. Pursuant to the requirements of RCW 35.21.684, the City does not
discriminate against consumers’ choices in the placement or use of a manufactured home
in such a manner that is not equally applicable to all types of homes. MLUDC 15.415.415
applies only to manufactured housing units placed on individual lots. Any terms used in
this Section follow those definitions as found in RCW 35.63.160 and RCW 59.20.400
B. Where Allowed. Manufactured homes are allowed in all zones where a single-family
dwelling is a permitted use, subject to the development standards found in MLUDC
15.415.40.C below.
C. Standards. Homes built to 42 U.S.C. §5401-5403 standards (and as amended) are
regulated for the purposes of siting in the same manner as site-built homes, factory-built
homes, or homes built to any other state construction or local design standard. In
addition, the following standards shall apply to all manufactured homes to be placed on
an individual residential lot:
1. Be a new manufactured home;
Part 15.400 Zoning and Overlay Districts Page 37 of 69
2. Be set upon a permanent foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed by concrete or an
approved concrete product which can be either load bearing or decorative;
3. Comply with all local design standards applicable to all other homes within the
neighborhood in which the manufactured home is to be located;
4. Be thermally equivalent to the state energy code; and
5. Otherwise meet all other requirements for a designated manufactured home as
defined in RCW 35.63.160, currently listed as follows:
a. Is comprised of at least two (2) fully enclosed parallel sections each of not less
than twelve feet wide by thirty-six (36) feet long;
b. Was originally constructed with and now has a composition or wood shake or
shingle, coated metal, or similar roof of nominal 3:12 pitch; and
c. Has exterior siding similar in appearance to siding materials commonly used on
conventional site-built uniform building code single-family residences.
D. Fire and Safety. Notwithstanding foregoing subsections D and E, the City may restrict the
location of a manufactured home in manufactured home communities for any other
reason including, but not limited to, failure to comply with fire, safety, or other local
ordinances or state laws related to manufactured homes.
E. Restrictions Preserved. MLUDC Chapter 15.415does not override any legally recorded
covenants or deed restrictions of record.
F. State Jurisdiction Preserved. MLUDC Chapter 15.415 does not affect the authority
granted to the Department of Labor and Industries under Chapter 43.22 RCW.
G. Recreational Vehicles and Tiny Homes. In general, recreational vehicles and tiny homes
are not allowed as a matter of right in the same way that manufactured homes are under
this Section.
15.415.040 Manufactured Home Parks.
A. In General. Manufactured Home Parks are permitted in the R-2 and R-3 zones as a
conditional use and are further subject to the standards of this Section.
B. Density. Manufactured Home Park density shall be consistent with the underlying zoning
classification.
C. Sales Prohibited. The sale of manufactured home spaces within a manufactured home
park is prohibited. Manufactured home park binding site plans shall not authorize the sale
or transfer of ownership of a space or spaces within a manufactured home park. No space
shall be rented or leased within a manufactured home park except for a manufactured
home unit or an RV or tiny home subject to the requirements of subsection D.
D. Recreational Vehicles and Tiny Homes. Recreational vehicles or tiny houses with wheels,
as defined in RCW 35.21.686, are permitted primary residences in manufactured home
parks, PROVIDED:
1. There are no conflicting fire, safety, or other regulations related to recreational
vehicles;
2. Utility hookups in the manufactured home community meet state and federal
building code standards for manufactured home parks; AND
3. One of the following two criteria are met:
Part 15.400 Zoning and Overlay Districts Page 38 of 69
a. The recreational vehicle or tiny house with wheels, as defined in RCW 35.21.686,
contains at least one internal toilet and at least one internal shower; or
b. The manufactured home community provides toilets and showers.
E. Open Space. A Manufactured Home Park shall provide at least ten percent (10%) of the
gross site area for open space or recreational areas available for use by all residents.
Internal roads, parking, driveways, setback areas, or other areas less than five thousand
square feet do not count as required open space.
F. Accessory Uses. A Manufactured Home Park may include accessory uses and buildings:
1. Recreational facilities located within the manufactured home park and intended
solely for the use of the residents or the residents’ guests.
2. Bulk storage areas for materials and equipment owned by residents and located
within the manufactured home park and limited to use by the residents. A minimum
of three hundred (300) square feet of space exclusive of driveways shall be provided
for every ten (10) manufactured home units. Bulk storage areas shall be contained
within the manufactured home park. Access to the storage area shall be through the
manufactured home park. Access to the storage area shall not be onto a public street.
A six foot (6') high sight obscuring fence shall be erected and maintained around the
perimeter of the storage area. The requirements of this Section shall be waived when
the manufactured home park developer/owner agrees to prohibit storage of such
items in the manufactured home park and such prohibition is inscribed on the face of
the binding site plan.
3. Satellite receiving antennas shall be sited in compliance with the setback and
separation standards of this Chapter.
G. Frontage Required. Each manufactured home space shall have direct frontage on a public
or private street.
H. Lot and Building Standards. The lot and building standards for manufactured homes are
set out in Table 15.415.040. The standards of this Subsection apply to manufactured
homes that are located in new manufactured home communities or expanded areas of
existing manufactured home parks.
Table 15.415.040 – Manufactured Home Parks Minimum Setbacks
Minimum Setback from the Lines of Individual Park Spaces (in Feet)
Structure Front Yard Side Yard Rear Yard
Manufactured
Home 10 10 10
Patio covers,
decks, landings,
awnings, etc.,
5 5 5
Carports 5 5 5
1. Existing Parks. In existing manufactured home parks, manufactured homes may be
placed on existing lots or spaces that do not comply with this Section, provided that
they are spaced a minimum of ten (10) feet from the boundary lines of the
manufactured home park.
2. Manufactured home parks shall be established pursuant to the provisions of this
Chapter and MLUDC Chapter 15.330.
Part 15.400 Zoning and Overlay Districts Page 39 of 69
3. Every manufactured home space shall be identified with an individual number in
logical sequence which is uniformly located and clearly visible from the private street
and so shown on the official binding site plan.
4. All manufactured home parks shall provide permanent electrical, water, and sewage
disposal connections to each manufactured home in accordance with the applicable
federal, state, and local regulations. All sewage and wastewater shall be discharged
into a public sanitary sewer system.
5. All water, sewer, electrical, communication, and natural gas lines shall be installed
underground except for access terminals and shall be approved by the agency or
jurisdiction providing the service. Public utility shut off valves, meters, and regulators
shall not be located beneath manufactured home units, additions, or accessory
buildings or structures.
6. All manufactured homes shall have compatible foundation fascia of fire and weather
resistant material, which must be continually maintained.
7. Outdoor lighting shall be provided to adequately illuminate internal streets and
pedestrian walkways. Lights shall be sized and directed to avoid adverse impact from
glare on adjacent property.
8. Prior to the location, relocation, establishment, or initial occupancy of any
manufactured home, the manufactured home owner or authorized representative
shall obtain a set up permit from the Building Department. All manufactured homes
shall be set up in accordance with the manufacturer’s specifications and as required
by the Building Official in accordance with any applicable federal, state, or local
regulations.
H. Screening. The manufactured home park shall be enclosed on all sides with a permanently
maintained sight obscuring fence, wall, berm, or combination thereof, that is six (6) feet
in height and tapering to a maximum of four (4) feet in height at the park entrances as
approved by the City Engineer to ensure adequate sight distance.
I. Pedestrian Facilities. The manufactured home park shall contain designated hard surface
pedestrian walkways to and from all service and recreation facilities; and between
locations where pedestrian traffic might interfere with vehicular traffic. There must be
vehicular and pedestrian access from a dedicated and improved public street(s) to the
manufactured home park.
J. Landscaping and Buffers. Landscaping shall comply with MLUDC Chapter 15.720.
K. Signs. Signs identifying the manufactured home park shall comply with MLUDC Chapter
15.735.
L. Occupant Parking. There shall be provided and maintained on each manufactured home
space at least two (2) parking spaces. Each parking space shall have a minimum width of
nine feet (9') and minimum length of twenty feet (20').
M. Guest Parking. In addition to occupant parking, guest parking shall be provided within the
manufactured home park at a ratio of not less than one-quarter (0.25) parking space for
each manufactured home space. Such parking shall be hard surfaced and reserved solely
for guest parking. Such parking shall be conveniently arranged throughout the
manufactured home park or provided in parking lanes.
Part 15.400 Zoning and Overlay Districts Page 40 of 69
N. Streets.
1. All interior roads for manufactured home parks shall be private roads. All private
roads shall be designed and maintained to carry emergency vehicles.
2. Private road access to the manufactured home park shall be consistent with the
existing pattern of vehicular movement and parking on public streets.
3. Public streets shall be constructed to City design standards current at the time of
construction.
4. Vehicular movement, parking, and private streets shall be in compliance with the
approved binding site plan and conditional use permit.
5. Private roads and parking lanes shall have hard surface depths as proposed by a
licensed engineer and approved by the City Engineer.
6. Park roads and parking lanes shall have widths as follows:
a. One (1) way roads shall be a minimum of twenty-two feet (22') in width.
b. Two (2) way roads shall be a minimum of thirty feet (30') in width.
c. Parking lanes shall be a minimum of ten feet (10') in width.
7. Parking lanes shall be hard surfaced.
8. A cul-de-sac turnaround shall meet City standards.
O. Existing Communities. For manufactured home communities that were legally in
existence before June 12, 2008, nothing in this Section should be construed to restrict the
location of manufactured homes therein based exclusively on the age or dimensions of
the manufactured home.
P. Existing Lots. Nothing in this Section should be construed to prohibit the siting of a
manufactured home on an existing lot based solely on lack of compliance with existing
separation and setback requirements that regulate the distance between homes.
15.415.050 Emergency and Transitional Housing – General Provisions.
A. Purpose and Intent. The purpose of MLUDC 15.415.050-.080 is to allow and establish a
review and permitting process for the location, siting, and indoor operation of emergency
shelters, emergency housing, transitional housing, permanent supportive housing and
transitional parking. In accordance RCW 35A.21.430, these regulations are intended to
protect public health and safety by requiring safe operations of these uses for both the
residents and the broader community.
B. Applicability. MLUDC 15.415.050-.080 and these requirements apply to all proposals for
a new or expanding emergency shelter, emergency housing, transitional housing,
permanent supportive housing, or transitional parking, including modifications to such
uses.
C. Permit Type. An application for a listed use under MLUDC 15.415.050-.080 is classified as
a Type II permit. See MLUDC Chapter 15.205.
D. Authority to Impose Conditions. In addition to the Type II permit process and the
additional standards listed in MLUDC 15.415.050-.080, the Director or their designee shall
have the authority to impose specific conditions on the approval of the permit. These
conditions may be imposed to:
1. Minimize nuisance-generating features such as noise, waste, air quality, traffic,
physical hazards, and other similar impact; and
Part 15.400 Zoning and Overlay Districts Page 41 of 69
2. Mitigate potentially adverse operational characteristics, including, but not limited to,
direct intake of residents on site, daily check-in of residents to secure a bed, lack of
resident enrollment in a program operated by the on-site agency, or lack of available
intensive case management for residents on site.
D. Temporary Emergency Shelters. The Director may authorize the operation of a
temporary emergency shelter for up to thirty (30) calendar days in situations where an
immediate life, health, or safety concern exists due to unanticipated or severe
environmental conditions. The Director may authorize an extension to the thirty (30)
calendar days for a specified period, if the City Council has adopted a resolution pursuant
to Chapter 38.52 RCW declaring that the conditions which gave rise to the operation of
the temporary emergency shelter continue in effect, and constitute a threat to the life,
health, and safety of the residents of the City. Temporary emergency shelters authorized
by this Section are not subject to the requirements of MLUDC 15.415.060-.080.
15.415.060 Emergency and Transitional Housing – Application Requirements
A. Forms, Submission, and Fees. An application for emergency shelter, emergency housing,
transitional housing, permanent supportive housing, or transitional parking must comply
with the following requirements and include the following items in order to be accepted
as Counter-Complete and initiate the review process:
1. Applications must be submitted on forms provided by the City, and only on those
approved forms that are in use at the time of submittal.
2. Applications shall be signed by all property owners of record. Applications shall also
be signed by an official representative of any organization that will be responsible for
the oversight and administration of the facility, if applicable.
3. A non-refundable fee per the current fee schedule or adopted fee resolution that is
in place at the time of submission.
4. Applications may be submitted digitally but shall always include a number of printed
copies in a quantity to be determined by the Department.
B. Information Required. All applications for emergency shelter, emergency housing,
transitional housing, permanent supportive housing, or transitional parking shall contain
the following information:
1. Identification of sponsors and/or managing agencies, including, but not limited to:
a. Identification of experience providing similar services to people experiencing
homelessness.
b. Certifications or academic credentials in an applicable human service field and/or
applicable experience in a related program with people experiencing
homelessness.
2. An operations plan that addresses the following elements:
a. Key staff positions and their roles and responsibilities.
b. Site/facility management plan, including a security and emergency plan, and a
plan for managing individuals excluded from accessing the proposed facility that
specifically addresses loitering and trespassing. Security cameras shall be
provided to monitor parking areas.
c. Site/facility maintenance plan, including, at a minimum, regular trash patrol in
the immediate vicinity of the site.
Part 15.400 Zoning and Overlay Districts Page 42 of 69
d. Occupancy policies, including resident responsibilities and a code of conduct that
includes, at a minimum, a plan that addresses threatening or unsafe behavior,
substance use, safety, and cleanliness.
e. Provision of human and social services, including a staffing plan and outcome
measures.
f. Outreach with surrounding property owners and residents that includes at a
minimum the following:
i. A description of how the proposed facility will serve the population that will
be accommodated by the use;
ii. Identification of a phone number and point of contact at the site of the
proposed facility for the community to report concerns;
iii. A plan for addressing reported concerns and documenting resolution, and
making this information publicly available; and
iv. Notice to all property owners of the proposed site within five (hundred) feet
of the facility.
v. Procedures for maintaining accurate and complete records and how
confidentiality will be maintained; and
vi. For those providers that operate emergency shelters or emergency housing,
a coordination plan to accommodate space is available for people
experiencing homelessness in the City.
3. A map showing transit, pedestrian, and bicycle access from the subject site to services
and schools.
4. Emergency shelters and emergency housing providers shall provide an interior space
plan identifying all functions associated with the facility, including adequate waiting
space. All functions must take place within a building or facility.
5. A parking plan that addresses the parking needs of the use based on the population
served and projected needs. Parking shall be provided on site unless it can be
provided for consistent with adopted parking standards. The plan shall include
security cameras and areas to be observed by the cameras.
6. An exterior lighting plan for the parking area in compliance with adopted lighting
standards.
7. Additional materials required for transitional parking uses include:
a. A site plan that indicates the facility parking and the parking area provided for the
transitional parking;
b. The operations plan shall specify how waste and restroom access will be
provided. Restroom access may be provided either in the building or in portable
facilities;
c. The operations plan shall specify if the site is available for overnight parking use
only, or available for parking during the daytime and overnight; and
d. A signed agreement between the organization and the managing agency, if
applicable.
15.415.070 Emergency and Transitional Housing – Design Standards and Approval Criteria
A. Underlying Standards Apply. An application for emergency shelter, emergency housing,
transitional housing, permanent supportive housing, or transitional parking shall be
Part 15.400 Zoning and Overlay Districts Page 43 of 69
subject to all locally applicable land use, development, zoning, and building regulations
requirements.
B. Additional Standards. In addition to the requirements, an application for emergency
shelter, emergency housing, transitional housing, permanent supportive housing, or
transitional parking shall be subject to the following standards:
1. In the C-1, C-1A, and C-2 zones, emergency shelters, emergency housing, transitional
housing sites, permanent supportive housing sites and transitional parking sites shall
be limited to no more than twenty (20) individuals being served. In the R-1, R-2, and
R-3 zones, transitional housing and permanent supportive housing shall be limited to
no more than ten (10) adults per dwelling unit, not including children under the age
of eighteen (18).
2. Emergency shelters, emergency housing, permanent supportive housing and
transitional parking shall be located a minimum of one mile apart measured from the
nearest property line of any other use regulated by MLUDC 15.415.050-.080.
Transitional housing shall not be subject to any spacing requirements.
3. All residents, staff, and operators shall comply with all Grant County Health District
requirements related to food preparation, service, and donations.
4. Trash receptacles shall be provided in multiple locations throughout the facility and
site. Managing parties shall contract with the applicable trash service provider for the
duration of the use.
5. The number of parking spaces shall be required based on the population served and
the projected needs of the emergency shelter, emergency housing, transitional
housing, or permanent supportive housing facility as outlined in the parking plan and
subject to review and approval of the City. Spaces shall be provided at a minimum,
and may increase at the discretion of the City after review of the parking plan as
follows:
a. One (1) space for the maximum number of staff on duty throughout each day;
and
b. Five (5) spaces for transitional housing and permanent supportive housing in
residential zones; or
c. Ten (10) spaces for emergency shelters, emergency housing, transitional housing
and permanent supportive housing in nonresidential zones;
d. Transitional parking uses do not need to provide additional parking in non-
residential zones;
e. Off-street parking shall comply with all other requirements of MLUDC Chapter
15.715 including, but not limited to, paving, drainage, location, dimensions, and
design standards.
6. On-site supervision shall be provided at all times, unless it can be demonstrated
through the operations plan that this level of supervision is not warranted for the
population being served.
7. No children under the age of eighteen (18) are allowed to stay overnight in emergency
shelters, emergency housing, transitional housing, permanent supportive housing or
transitional parking sites unless accompanied by a parent or guardian, or unless the
facility is licensed to provide services to youth. If a child under the age of eighteen
(18) without a parent or guardian present attempts to stay in a facility not specifically
Part 15.400 Zoning and Overlay Districts Page 44 of 69
licensed for providing housing to youth, the sponsor and/or managing agency shall
immediately contact Child Protective Services and actively endeavor to find
alternative housing for the child.
8. The sponsor and/or managing agency shall designate points of contact and provide
24-hour accessible phone contact information to the patrol operations commander
for the Moses Lake Police Department (MLPD). The names of the on-duty points of
contact shall be posted on site daily, and their contact information shall be provided
to the MLPD.
9. Transitional parking programs are subject to the following additional requirements:
a. Restroom access either within the buildings on the property or through use of
portable facilities. Restrooms shall include handwashing stations or facilities in an
adequate number as determined by the City. Restroom and handwashing station
access shall be available at all hours of the day and night.
b. Organizations providing transitional parking spaces must continue to abide by the
parking requirements so that the provision of transitional parking spaces does not
reduce the total number of available parking spaces required for the primary use.
c. Recreational vehicles shall be allowed on a temporary basis less than fourteen
(14) consecutive calendar days.
15.415.080 Emergency and Transitional Housing – Zoning Districts Where Allowed.
Table 15.415.080 – Emergency and Transitional Housing – Permitted Zoning Districts
Zones
Residential
Commercial and
Mixed Use Industrial Public
Land Use R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P
Emergency Shelter P P P
Emergency Housing P P P
Transitional Housing P P P P P P
Permanent Supportive Housing P P P P P P
Transitional Parking P P P
15.415.090 Micro (Tiny) Home Standards.
A. Density.
Table 15.415.090 – Residential Zone Density for Micro (Tiny) Homes
Zone Standards
R-1 2 units per lot
R-2 (min) 3+ units
R-3 (min) 4+ units
B. Building Regulations. All units shall include the following:
1. Shall be supported and anchored to a permanent foundation.
2. Permanent provisions for living, sleeping, eating, kitchen, and sanitation (water
closet, lavatory, and a bathtub or shower).
3. Habitable rooms shall meet minimum dimensional requirements including: a floor
area of not less than seventy (70) square feet, seven (7) foot clear horizontal
Part 15.400 Zoning and Overlay Districts Page 45 of 69
dimension in any direction, and a ceiling height of not less than seven (7) feet (the
height can be reduced in rooms and in areas with sloped ceilings).
4. Fire code requirements may require fire sprinklers on a case-by-case basis.
5. Units shall utilize potable water and wastewater systems in accordance with City
regulations and Health District regulations.
C. Micro (Tiny) Homes as an Accessory Dwelling Unit (ADU). Micro (Tiny) Homes utilized as
an Accessory Dwelling unit shall comply with MLUDC 15.415.010.
Part 15.400 Zoning and Overlay Districts Page 46 of 69
Chapter 15.420
NONRESIDENTIAL AND MIXED-USE DISTRICT STANDARDS
Sections:
15.420.010 Compliance with Standards.
15.420.015 Design Standards and Guidelines Adopted by Reference.
15.420.020 Commercial and Mixed Use Design Standards.
15.420.020 Commercial Design Standards.
15.420.030 Industrial Design Standards.
15.420.040 Live Work.
15.420.010 Compliance with Standards. All nonresidential development shall comply with the design
standards and guidelines applicable to the type of use 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.
The nonresidential district provisions in this Part generally apply to all commercial, mixed use,
and industrial development within the City. 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.
15.420.015 Design Standards and Guidelines Adopted by Reference.
A. 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 this Chapter. 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 titles, the
standard details for construction as approved by resolution of the City Council supersede
those in other titles.
B. Standards Adopted by Reference Minimum. The standards and requirements
established or referenced by this Chapter are minimum requirements. These standards
may be increased and additional 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.
Part 15.400 Zoning and Overlay Districts Page 47 of 69
15.420.020 Commercial and Mixed Use Design Standards.
A.In General. Commercial projects shall comply with the applicable sections of the City of
Moses Lake Design Standards and Guidelines which are adopted by this reference as if
fully set forth herein.
B. Building Orientation.
1. Buildings shall be oriented towards the street or lake, not towards the alley or parking
area.
2. Pedestrian entrances shall provide access to the public sidewalk. Access shall be
visible and include distinct features.
3. Where parcels have multiple frontages, buildings shall be designed with architectural
treatment visible from public right of way.
C. Blank Wall Treatment. A wall (including building facades and retaining walls) is
considered a blank wall if:
1. A ground floor wall or portion of a ground floor wall over six (6) feet in height has a
horizontal length greater than fifteen (15) feet and does not include a transparent
window or door; or
2. Any portion of a ground floor wall having a surface area of four hundred (400) square
feet or greater does not include a transparent window or door.
D. Building Articulation. All other buildings featuring nonresidential uses on the ground
floor shall include at least three of the following articulation features along all facades
facing a street and containing the customer building entries (alley facades are exempt) at
intervals of no more than sixty (60) feet.
1. Providing vertical building modulation of at least two (2) feet in depth and four (4)
feet in width if combined with a change in siding materials or roofline modulation per
Roofline modulation of this Section. Otherwise, the vertical modulation shall be at
least ten (10) feet deep and fifteen (15) feet wide to qualify;
2. Providing horizontal modulation (upper level stepbacks). To qualify for this measure,
the minimum upper level stepback shall be at least five (5) feet and the treatment
shall be used consistently with other articulation elements or utilized along at least
seventy-five percent (75%) of the facade;
3. Repeating distinctive window patterns at intervals less than the articulation interval;
4. Providing a covered entry or separate weather protection feature for each
articulation interval;
Part 15.400 Zoning and Overlay Districts Page 48 of 69
5. Use of vertical piers that reinforce storefront pattern. To qualify for this measure, the
piers must project at least two inches from the facade and extend from the ground
to the roofline;
6. Change of roofline per Roofline modulation of this Section;
7. Changing materials or color with a change in building plane;
8. Providing lighting fixtures, trellis, tree, or other landscape feature within each
interval; or
9. Other methods that meet the purpose of the standards.
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E. Base, Middle, and Cap Massing Standards. In order to reduce the bulk appearance of
multi-story buildings and to maintain a pedestrian scale. The following standards shall be
met.
1. Base. Multi-story buildings with a ‘base’ ground level or single story shall orient for
pedestrian elements and scale. At least one of the following methods for base
massing standards shall apply:
a. Use of heavy materials on the ground floor such as brick, stone, or other different
materials than the middle level.
b. Multi-story buildings. Utilize a horizontal reveal line to denote the base between
the middle of the building.
c. Use of arcade, gallery, or colonnade to accentuate the ground floor.
d. Utilize architectural detailing or fenestration (the arrangement of windows and
doors on the elevation of the building) to denote the ground floor.
2. Middle. The middle of a multi-story building is the less dominant part of the façade
but may consist of multiple levels and units. At least one of the following methods for
middle massing standards shall apply to multi-story projects in the any zone
permitting mixed use projects.
a. Use of stepback in massing or a minimum of five (5) feet from the ground floor
façade.
b. Utilize a change in material between the first and second floors.
c. Utilize a variation in window size between the ground floor and upper floors.
Upper floors are typically smaller window units scaled to residential units.
3. Top. At least one of the following methods for building cap massing standards shall
apply to multi-story projects in any zone permitting mixed use projects.
a. Use of a cornice (on flat roof buildings) or projecting roof lines for sloping roofs.
b. Utilize a reveal line or change in material, texture, pattering or color. Reveal lines
shall be a minimum of twenty-four inches (24”) from the top of the building.
F. Roofline Modulation. In order to qualify as a roofline modulation treatment in the
standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped
roofs, gables, or a broken or articulated roofline consistent with the required articulation
interval. Modulation shall consist of either:
1. Flat Roof. For flat roofs or facades with horizontal eave, fascia, or parapet, the
minimum vertical dimension of roofline modulation is the greater of two (2) feet or
one-tenth (0.1) multiplied by the wall height (finish grade to top of the wall) when
combined with vertical building modulation techniques described in subsection (C)(1)
of this Section. Otherwise, the minimum vertical dimension of roofline modulation is
the greater of four (4) feet or two-tents (0.2) multiplied by the wall height;
2. Pitched or Sloped Roof. A sloped or gabled roofline segment of at least twenty (20)
feet in width and include varied slopes. The roofline must include modulated
segments at no more than the interval required per the applicable standard above;
or
3. Combination. A combination of the above.
Part 15.400 Zoning and Overlay Districts Page 53 of 69
G. Screening of Rooftop Mounted Mechanical Equipment.
1. Use of Parapet Walls or Other Integrated Roof Structures Required. Mechanical
equipment must be screened by extending parapet walls or other roof forms that are
integrated with the architecture of the building.
2. Painting rooftop equipment or erecting fences are not acceptable methods of
screening rooftop equipment.
H. General Provisions.
1. Plaza or courtyard materials can be used to create a community space, through the
use of color and scoring as patterns in the hardscape. Landscape creates diversity,
provides color and softens the building and hardscape environment, while benches
or seating areas, play areas and public art help residents and visitors enjoy the space
and environment, making it a place where people want to visit, shop, live and
recreate.
2. Awnings, Sunshades and Canopies. Weather protection is required for pedestrian
street frontages with ground floor commercial. The minimum width of such elements
shall be four (4) feet. Minimum height is eight (8) feet, maximum height is twelve (12)
feet. Awnings with painted signs are permitted; Lighting is permissible under the
awning, but it must attached to the building.
3. Front Porches. Front porches, stoops, bay windows, and dormers are required on
buildings which contain residential dwellings.
4. Street Furniture. Where needed public seating, trash receptacles and informational
directional kiosks shall be of uniform design and be provided throughout the
development.
5. Exterior Lighting. Pedestrian areas need to be well-marked and well-lit. Exterior
lighting shall be an integral part of the architecture and landscape design. Street
lighting shall relate in scale to the pedestrian character of the area. Pedestrian lighting
shall be provided at a pedestrian scale of three to twelve feet, with the source light
being shielded to reduce glare. Overall, lighting, and pedestrian zone lighting is
needed but shall not create glare or light spillage off site or beyond parking lots and
streets.
I. Ground Floor Windows in Commercial Zoning Districts.
1. Where ground floor window standards are required, exterior walls on the ground
floor that are within thirty feet (30') of a street lot line shall meet the general window
standard below. However, on corner lots, the general standard needs to be met on
only one (1) street frontage. On the other street, the requirement is one-half (1/2)
the general standard. The general standard shall be met on the street that has the
highest classification on the Comprehensive Plan’s Existing Arterial Function
Classification and Street Plan, Map TE-1 or its successor. If the streets have the same
classification, the Applicant may choose on which street to meet the general
standard.
2. General Standard. The windows shall be at least forty percent (40%) of the length and
twenty percent (20%) of the ground level wall area. Ground level wall area includes
all exterior walls up to nine feet (9') above finished grade. The requirement does not
apply to walls of residential units or to parking structures when set back at least five
feet (5') and landscaped consistent with MLUDC Chapter 15.720.
Part 15.400 Zoning and Overlay Districts Page 54 of 69
3. Qualifying Window Features. Required window areas shall be either windows that
allow views into working areas or lobbies, pedestrian entrances, or display windows
set into the wall. Doors and display cases attached to the outside wall do not qualify.
The bottom of the windows shall be no more than four feet (4') above the adjacent
exterior grade.
4. The Applicant may submit a ground floor window plan that differs from the specific
criteria set forth in this Section, except that the amount of window area may not be
less than the amount required in this Chapter. The Applicant shall clearly and in detail
state what adjustments of requirements are being requested and the reasons that
such adjustments are warranted. The request shall be accompanied by supplemental
data, such as sketches and statistical information, that is necessary to support the
adjustment. The request will be a Type I decision. In approving the alteration request,
the Director shall make the following findings:
1. The alteration would be in keeping with and preserve the intent of the zone; and
2. The alteration would not be contrary to the public interest.
15.420.020 Commercial Design Standards.
A. In General. Commercial projects shall comply with the applicable sections of the City of
Moses Lake Design Standards and Guidelines which are adopted by this reference as if
fully set forth herein.
B. Building Orientation.
1. Buildings shall be oriented towards the street, not towards the alley or parking area.
2. Pedestrian entrances shall provide direct access to the public sidewalk.
3. Where parcels have multiple frontages, buildings shall be designed with orientation
towards both streets as much as feasible.
C. Blank Wall Treatment. A wall (including building facades and retaining walls) is
considered a blank wall if:
1. A ground floor wall or portion of a ground floor wall over six (6) feet in height has a
horizontal length greater than fifteen (15) feet and does not include a transparent
window or door; or
2. Any portion of a ground floor wall having a surface area of four hundred (400) square
feet or greater does not include a transparent window or door.
D. Building Articulation. All other buildings featuring nonresidential uses on the ground
floor shall include at least three (3) of the following articulation features along all facades
facing a street and containing the customer building entries (alley facades are exempt) at
intervals of no more than sixty (60) feet.
1. Providing vertical building modulation of at least two (2) feet in depth and four (4)
feet in width if combined with a change in siding materials and/or roofline modulation
per Roofline modulation of this Section. Otherwise, the vertical modulation shall be
at least ten (10) feet deep and fifteen (15) feet wide to qualify;
2. Providing horizontal modulation (upper level stepbacks). To qualify for this measure,
the minimum upper level stepback shall be at least five (5) feet and the treatment
shall be used consistently with other articulation elements or utilized along at least
seventy-five percent (75%) of the facade;
3. Repeating distinctive window patterns at intervals less than the articulation interval;
Part 15.400 Zoning and Overlay Districts Page 55 of 69
4. Providing a covered entry or separate weather protection feature for each
articulation interval;
5. Use of vertical piers that reinforce storefront pattern. To qualify for this measure, the
piers must project at least two (2) inches from the facade and extend from the ground
to the roofline;
6. Change of roofline per Roofline modulation of this Section;
7. Changing materials or color with a change in building plane;
8. Providing lighting fixtures, trellis, tree, or other landscape feature within each
interval; or
9. Other methods that meet the purpose of the standards.
D. Base, Middle and Cap Massing Standards. In order to reduce the bulk appearance of
multi-story buildings and to maintain a pedestrian scale. The following standards shall be
met.
1. Base. Multi-story buildings with a ‘base’ ground level or single story shall orient for
pedestrian elements and scale. At least one of the following methods for base
massing standards shall apply:
a. Use of heavy materials on the ground floor such as brick, stone, or other different
materials than the middle level.
b. Multi-story buildings. Utilize a horizontal reveal line to denote the base between
the middle of the building.
c. Use of arcade, gallery, or colonnade to accentuate the ground floor.
d. Utilize architectural detailing or fenestration (the arrangement of windows and
doors on the elevation of the building) to denote the ground floor.
2. Middle. The middle of a multi-story building is the less dominant part of the façade
but may consist of multiple levels and units. At least one of the following methods for
middle massing standards shall apply to multi-story projects in the any zone
permitting mixed use projects.
a. Use of stepback in massing or a minimum of five (5) feet from the ground floor
façade.
b. Utilize a change in material between the first and second floors.
c. Utilize a variation in window size between the ground floor and upper floors.
Upper floors are typically smaller window units scaled to residential units.
3. Top. At least one of the following methods for building cap massing standards shall
apply to multi-story projects in any zone permitting mixed use projects.
a. Use of a cornice (on flat roof buildings) or projecting roof lines for sloping roofs.
b. Utilize a reveal line or change in material, texture, pattering or color. Reveal lines
shall be a minimum of twenty-four inches (24”) from the top of the building.
E. Roofline Modulation. In order to qualify as a roofline modulation treatment in the
standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped
roofs, gables, or a broken or articulated roofline consistent with the required articulation
interval. Modulation shall consist of either:
1. Flat Roof. For flat roofs or facades with horizontal eave, fascia, or parapet, the
minimum vertical dimension of roofline modulation is the greater of two (2) feet or
one-tenth (0.1) multiplied by the wall height (finish grade to top of the wall) when
combined with vertical building modulation techniques described in subsection (C)(1)
Part 15.400 Zoning and Overlay Districts Page 56 of 69
of this Section. Otherwise, the minimum vertical dimension of roofline modulation is
the greater of four (4) feet or two-tents (0.2) multiplied by the wall height;
2. Sloped Roof. A sloped or gabled roofline segment of at least twenty feet in width and
a minimum slope of 6:12. The roofline must include modulated segments at no more
than the interval required per the applicable standard above; or
3. Combination. A combination of the above.
F. Screening of Rooftop Mounted Mechanical Equipment.
1. Use of Parapet Walls or Other Integrated Roof Structures Required. Mechanical
equipment must be screened by extending parapet walls or other roof forms that are
integrated with the architecture of the building.
2. Painting rooftop equipment or erecting fences are not acceptable methods of
screening rooftop equipment.
15.420.030 Industrial Design Standards.
A. In General. Screen outdoor storage with building materials consistent with the
architectural character of the main building. Materials such as sheet metal used as a
screening material is not permitted.
B. Trash. Trash enclosures will be constructed of sturdy, durable, opaque materials (with
trash receptacles screened from view).
15.420.040 Live Work.
A. Decision Type. Live-work units may be established through the conversion of existing
buildings or by new construction with a Type II process.
B. Prohibitions. No work activity shall be permitted nor shall any live-work unit be
established on any site that contains the potential to adversely affect others living or
working in or nearby the live-work development by reason of dust, glare, heat, noise,
noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by
way of materials, process, product or wastes. The following are prohibited within or a part
of live work units: automobile/vehicle sales and services, bars/lounges/night clubs, adult
businesses, animal sales and services, liquor stores, funeral parlors and mortuaries,
outdoor storage as a primary use, and salvage and wrecking. No explosive, toxic,
combustible or flammable materials in excess of what would be allowed incidental to
normal residential use shall be stored or used on the premises.
C. Change in Occupancy. A change in occupancy under the Building Code shall not be
approved unless the Director finds that the change of occupancy would not conflict with
or adversely affect existing uses in the building and in the area where the live-work unit
is located. No use shall be approved where there would be the potential for adverse
health impacts from the proposed use on the people residing in the unit. An example of
a potential health impact is the potential for food contamination from uses that generate
airborne particulates in a unit with an unenclosed kitchen
D. Floor Area. At least fifty percent (50%) of the gross floor area of a live-work unit must be
designated and regularly used for work activities.
E. Residential Areas. Residential areas are permitted above, to the side, or in back of the
business component, provided that there is internal access between the residential and
Part 15.400 Zoning and Overlay Districts Page 57 of 69
commercial space. The residential unit(s) shall be occupied by the owner, manager, or
employee(s) of the commercial space.
F. Conversion of Commercial Component. The commercial component as designated on
the floor plan shall remain commercial and cannot be converted to residential use.
G. Conversion of Residential Component. The residential component as designated on the
floor plan shall remain residential and cannot be converted to commercial use.
H. New Construction. Common or private on-site open space shall be provided for the use
of occupants pursuant to the multifamily standards. Such space may include rooftop,
balcony, or patio for the residence.
I. External Access. The external access for the commercial component shall be oriented to
the street or the lake and shall have at least one external entrance/exit separate from the
living space. The entrance to the business component shall be located on the ground level.
Access to the commercial component of each live/work unit shall be clearly separate from
the common walkways or entrances to the other residential units within the
development, or other residential units in adjacent developments.
J. Conversions. Any existing on-site open space shall be retained for the use of the
occupants of the live-work units.
K. Business License Required. At least one occupant of each live-work unit shall maintain a
current City business license for a business located in that unit.
N. Parking. The live/work unit shall be required to provide parking in accordance with
MLUDC Chapter 15.715.
O. No Separate Sale or Rental of Portions of Unit. No portion of a live-work unit may be
separately rented or sold as a commercial space for a person or persons not living in the
premises or as a residential space for a person or persons not working in the same unit.
Part 15.400 Zoning and Overlay Districts Page 58 of 69
Chapter 15.425
GRANT COUNTY AIRPORT OVERLAY DISTRICT
Sections:
15.425.010 Applicability.
15.425.020 Grant County Airport Overlay District.
15.425.030 Height Restrictions.
15.425.040 Prohibited Uses.
15.425.060 Exemptions.
15.425.010 Applicability.
The provisions of this Chapter shall apply to all lands, buildings, structures, natural features,
or uses located within those areas that are defined by the Grant County Airport overlay district
on the City’s zoning map. If there is any conflict between the regulations defined in this
Chapter and those of the underlying zoning district, the more restrictive requirement shall be
applied. If there is any conflict between the regulations defined in this Chapter and those of
any airport safety-related law or regulation adopted by an agency or district having
jurisdictional authority for an airport regulated under this Chapter, the law or regulation of
the jurisdictional authority shall prevail. Reference should be made to the current Grant
County International Airport Port of Moses Lake - Airport Master Plan.
15.425.020 Grant County Airport Overlay District.
There is hereby created the Grant County Airport Overlay District that is composed of the
following surface and safety areas. A parcel located in more than one (1) of the following
areas is considered to be only in the area with the more restrictive height limitation. The
various areas are hereby established and defined as follows:
A. Primary Surface Area. This area is defined as a surface longitudinally centered on the
Grant County Airport runways, which extends two hundred feet (200') beyond the end of
the runway and is one thousand feet (1,000') wide. The primary surface is at the elevation
of the runway.
B. Inner Approach Area. This area is defined as that area which lies directly below imaginary
inclined surfaces (the “Inner Approach Surfaces”) longitudinally centered on the extended
runway centerline and extending outward and upward from the north and south ends of
the primary surface. The inner edges of the inner approach surfaces are one thousand
(1,000) feet wide and expand uniformly to a width of four thousand (4,000) feet. The inner
approach surfaces extend for a horizontal distance of ten thousand (10,000) feet at a
slope of fifty (50) horizontal to one (1) vertical.
C. Outer Approach Area. This area is defined as that area which lies directly below imaginary
inclined surfaces (the “Outer Approach Surfaces”) longitudinally centered on the
extended runway centerline and extending outward and upward from the north and
south outer edges of the inner approach surfaces. The inner edges of the outer approach
surfaces are four thousand feet (4,000') wide and expand uniformly to a width of eight
thousand feet (8,000'). The outer approach surfaces extend for a horizontal distance of
forty thousand feet (40,000') at a slope of forty (40) horizontal to one (1) vertical.
D. Turning Area. This area is defined as that area which lies directly below an imaginary
horizontal oval surface (the “Turning Surface”) one hundred fifty feet (150') above the
Part 15.400 Zoning and Overlay Districts Page 59 of 69
established airport elevation (which is seventeen feet (17') above sea level), the
perimeter of which is constructed by swinging ten-thousand-foot (10,000') radii arcs from
the center of the end of the primary surface and by connecting the adjacent arcs with
parallel lines tangent to those arcs.
E. Conical Area. This area is defined as that area which lies directly below an imaginary
surface (the “Conical Surface”) which extends outward and upward from the periphery of
the horizontal surface at a slope of twenty (20) horizontal to one (1) vertical for a
horizontal distance of four thousand feet (4,000'). The Horizontal Surface is a horizontal
plane 150 feet above the established Airport Elevation, the perimeter of which is
constructed by swinging arcs of specified radii from the center of each end of the Primary
Surface of each runway. Tangents then connect the adjacent arcs. Size of arcs as follows:
1. For all runways designed visual or utility, the radius of each arc is 5,000 feet
2. For PIR and Non-Precision Instrument Runways, the radius of each arc is 10,000 feet.
The radius of the arcs specified for each end of a runway will have the same numerical
value, that value being the highest determined for either end of the runway. When a
5,000 foot arc is encompassing by tangents connecting two adjacent 10,000 foot arcs, it
shall be disregarded.
F. Transitional Areas. These areas are defined as the areas which lie directly below the
imaginary inclined surfaces (the “Transitional Surfaces”) which extend outward and
upward from the edges of the primary surface and the inner and outer approach surfaces.
The transitional surfaces extend at a slope of seven (7) horizontal to one (1) vertical at
right angles to the runway centerline and extension of the runway centerline. Transitional
surfaces for those portions of the approach surfaces which project through and beyond
the limits of the conical surface, extend a distance of five thousand feet (5,000') measured
horizontally from the edge of the approach surface and at right angles to the runway
centerline. Transitional surfaces for those portions of the inner approach surface and the
primary surface extend up to the turning surface.
G. Heliport Areas.
1. Heliport Primary Surface. The area of the primary surface coincides in size and shape
with the designated take-off and landing area. This surface is a horizontal plane at the
elevation of the established heliport elevation.
2. Heliport Approach Surface. The approach surface begins at each end of the heliport
primary surface with the same width as the primary surface and extends outward and
upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope
of the approach surface is 8 to 1.
3. Heliport Transitional Surfaces. These surfaces extend outward and upward from the
lateral boundaries of the primary surface and from the approach surfaces at a slope
of 2 to 1 for a distance of 250 feet measured horizontally from the centerline of the
primary and approach surfaces.
15.425.030 Height Restrictions. Except as otherwise provided in this Chapter, no structure shall be
erected, altered, or maintained, and no tree shall be allowed to grow in any area created by
this Chapter to a height in excess of the applicable height limits herein established for such
area. Such applicable height limitations are hereby established for each of the area in question
as follows:
Part 15.400 Zoning and Overlay Districts Page 60 of 69
A. Inner Approach Area. Structures and trees shall not exceed the height of the Inner
Approach Surface.
B. Outer Approach Area. Structures and trees shall not exceed the height of the Outer
Approach Surface.
C. Turning Area. Structures and trees shall not exceed the height of the Turning Surface.
D. Conical Area. Structures and trees shall not exceed the height of the Conical Surface.
E. Transitional Areas. Structures and trees shall not exceed the height of the Transition
Surfaces.
F. Heliport Areas. Structures and trees shall not exceed the height of the Heliport Approach
and Transitional Surfaces.
G. Special Exception. The Director may permit a structure thirty-five (35) feet or less to
exceed the height limits of the Airport Overlay District as a special exception. Such an
exception shall only be permitted if the Director finds that all of the following conditions
exist:
1. The Federal Aviation Administration advises the Director that the exception to the
height limits does not create a hazard to aviation; and
2. The additional height is necessary for the successful physical function of the structure;
and
3. The exception will not result in re-routing of aircraft; and
4. The structure is designed to minimize adverse impacts of lighting on surrounding uses
while complying with the lighting requirements of the Federal Aviation
Administration.
Federal Aviation Administration (FAA)
Part 15.400 Zoning and Overlay Districts Page 61 of 69
15.425.040 Prohibited Uses. Prohibited uses are the same as for the underlying zoning district as listed in
Tables MLUDC 15.405.060 and 15.405.070, except no permit shall be granted in the Overlay
District that would:
A. No Airport Hazards. Allow the establishment or creation of an airport hazard, including
but not limited to:
1. Electrical interference with navigational signals or radio communications at the
airport or with radio or electronic communications between the airport and aircraft.
2. Emission of fly ash, dust, vapor, gases, or other forms of emissions that may conflict
with any planned operations of the airport.
3. Foster an increase in bird population and thereby increase the likelihood of a bird-
impact problem.
4. Erection or placement of any structure, device, or other object that makes it difficult
for pilots to distinguish between airport lights and other lights, results in glare in the
eyes of pilots using the airports, impairs visibility in the vicinity of the airport, or
otherwise endangers the landing, taking off, or maneuvering of aircraft.
B. No Incompatible Uses. Authorize any use or activity that would result in the siting of an
incompatible use adjacent to an airport pursuant to RCW 36.70.547, as amended; or
C. No Increase in Nonconforming Structures or Use. Permit a nonconforming structure or
use to be made larger or to become higher or become a greater hazard to air navigation
than it was when the MLUDC was adopted.
15.425.060 Exemptions.
The provisions of this Chapter shall not be applicable to the following when allowed in the
underlying zoning district:
A. Nonconforming Uses and Structures. A use, building, or structure which legally exists
prior to the effective date of the ordinance codified in this Chapter is considered
nonconforming and therefore is exempt, except as may be compelled by state or federal
regulations. The use, building, or structure must adhere to the requirements of MLUDC
Chapter 15.730.
B. Necessary Aviation Facilities. Any air navigation facility, airport visual approach, or
aircraft arresting device, or meteorological device, or a type of device approved by the
FAA, the location and height of which is fixed by its functional purpose.
C. Temporary Outdoor Events and Festivals. Temporary outdoor events and temporary
outdoor festivals as defined in the Moses Lake Municipal Code and MLUDC, as long as the
period of operation does not exceed five (5) days.
D. Temporary Structures. Temporary buildings and structures auxiliary to residential
development and major construction which support the sale of dwellings and lots within
the same subdivision or residential development, so long as such uses and associated
structures are constructed or erected as incidental to a development, do not involve any
significant investment, are solely used for the designated purpose and remain for a
maximum of one (1) year.
E. Agricultural Structures. Bona fide agricultural buildings, structures, improvements, and
associated developments so long as not more than one (1) single-family dwelling occurs
within that portion of the parcel located within the Overlay District.
Part 15.400 Zoning and Overlay Districts Page 62 of 69
F. Other Uses. As determined by the Director to be minor or incidental and within the intent
or objective of this Chapter to protect the airspace around the Grant County Airport from
airspace obstructions, hazards, and incompatible land uses and to protect public health,
safety, and general welfare within the Overlay District.
Part 15.400 Zoning and Overlay Districts Page 63 of 69
Chapter 15.427
MOSES LAKE MUNICIPAL AIRPORT OVERLAY DISTRICT
Sections:
15.427.010 Applicability.
15.427.020 Moses Lake Municipal Airport Overlay District.
15.427.030 Height Restrictions.
15.427.040 Prohibited Uses.
15.427.050 Exemptions.
15.427.010 Applicability.
The provisions of this Chapter shall apply to all lands, buildings, structures, natural features,
or uses located within those areas that are defined by the Moses Lake Municipal Airport
overlay district on the City’s zoning map. If there is any conflict between the regulations
defined in this Chapter and those of the underlying zoning district, the more restrictive
requirement shall be applied. If there is any conflict between the regulations defined in this
Chapter and those of any airport safety-related law or regulation adopted by an agency or
district having jurisdictional authority for an airport regulated under this Chapter, the law or
regulation of the jurisdictional authority shall prevail. The Moses Lake Airport Plan and
Narrative Report (ALP) is an important reference document for consideration of zoning and
land use around the Moses Lake Municipal Airport. Section 4.9 includes zoning and land use
recommendations as guidance to mitigating incompatible uses.
15.427.020 Moses Lake Municipal Airport Overlay District.
There is hereby created the Moses Lake Municipal Airport Overlay District that is composed
of the following surface and safety areas. A parcel located in more than one (1) of the
following areas is considered to be only in the area with the more restrictive height limitation.
The various areas are hereby established and defined as follows:
A. Primary Surface Area. This area is defined as a surface longitudinally centered on the
Moses Lake Municipal Airport runway, which extends two hundred feet (200') beyond the
end of the runway and is one thousand feet (1,000') wide. The primary surface is at the
elevation of the runway.
B. Inner Approach Area. This area is defined as that area which lies directly below imaginary
inclined surfaces (the “Inner Approach Surfaces”) longitudinally centered on the extended
runway centerline and extending outward and upward from the north and south ends of
the primary surface. The inner edges of the inner approach surfaces are one thousand
(1,000) feet wide and expand uniformly to a width of four thousand (4,000) feet. The inner
approach surfaces extend for a horizontal distance of ten thousand (10,000) feet at a
slope of fifty (50) horizontal to one (1) vertical.
C. Outer Approach Area. This area is defined as that area which lies directly below imaginary
inclined surfaces (the “Outer Approach Surfaces”) longitudinally centered on the
extended runway centerline and extending outward and upward from the north and
south outer edges of the inner approach surfaces. The inner edges of the outer approach
surfaces are four thousand feet (4,000') wide and expand uniformly to a width of eight
thousand feet (8,000'). The outer approach surfaces extend for a horizontal distance of
forty thousand feet (40,000') at a slope of forty (40) horizontal to one (1) vertical.
Part 15.400 Zoning and Overlay Districts Page 64 of 69
D. Turning Area. This area is defined as that area which lies directly below an imaginary
horizontal oval surface (the “Turning Surface”) one hundred fifty feet (150') above the
established airport elevation (which is seventeen feet (17') above sea level), the
perimeter of which is constructed by swinging ten-thousand-foot (10,000') radii arcs from
the center of the end of the primary surface and by connecting the adjacent arcs with
parallel lines tangent to those arcs.
E. Conical Area. This area is defined as that area which lies directly below an imaginary
surface (the “Conical Surface”) which extends outward and upward from the periphery of
the horizontal surface at a slope of twenty (20) horizontal to one (1) vertical for a
horizontal distance of four thousand feet (4,000'). The Horizontal Surface is a horizontal
plane 150 feet above the established Airport Elevation, the perimeter of which is
constructed by swinging arcs of specified radii from the center of each end of the Primary
Surface of each runway. Tangents then connect the adjacent arcs. Size of arcs as follows:
1. For all runways designed visual or utility, the radius of each arc is 5,000 feet
2. For PIR and Non-Precision Instrument Runways, the radius of each arc is 10,000 feet.
The radius of the arcs specified for each end of a runway will have the same numerical
value, that value being the highest determined for either end of the runway. When a
5,000 foot arc is encompassing by tangents connecting two adjacent 10,000 foot arcs, it
shall be disregarded.
F. Transitional Areas. These areas are defined as the areas which lie directly below the
imaginary inclined surfaces (the “Transitional Surfaces”) which extend outward and
upward from the edges of the primary surface and the inner and outer approach surfaces.
The transitional surfaces extend at a slope of seven (7) horizontal to one (1) vertical at
right angles to the runway centerline and extension of the runway centerline. Transitional
surfaces for those portions of the approach surfaces which project through and beyond
the limits of the conical surface, extend a distance of five thousand feet (5,000') measured
horizontally from the edge of the approach surface and at right angles to the runway
centerline. Transitional surfaces for those portions of the inner approach surface and the
primary surface extend up to the turning surface.
15.427.030 Height Restrictions. Except as otherwise provided in this Chapter, no structure shall be
erected, altered, or maintained, and no tree shall be allowed to grow in any area created by
this Chapter to a height in excess of the applicable height limits herein established for such
area. Such applicable height limitations are hereby established for each of the area in question
as follows:
A. Inner Approach Area. Structures and trees shall not exceed the height of the Inner
Approach Surface.
B. Outer Approach Area. Structures and trees shall not exceed the height of the Outer
Approach Surface.
C. Turning Area. Structures and trees shall not exceed the height of the Turning Surface.
D. Conical Area. Structures and trees shall not exceed the height of the Conical Surface.
E. Transitional Areas. Structures and trees shall not exceed the height of the Transition
Surfaces.
F. Special Exception. The Director may permit a structure thirty-five (35) feet or less to
exceed the height limits of the Airport Overlay District as a special exception. Such an
Part 15.400 Zoning and Overlay Districts Page 65 of 69
exception shall only be permitted if the Director finds that all of the following conditions
exist:
1. The Washington State Department of Transportation advises the Director that the
exception to the height limits does not create a hazard to aviation; and
2. The additional height is necessary for the successful physical function of the structure;
and
3. The exception will not result in re-routing of aircraft; and
4. The structure is designed to minimize adverse impacts of lighting on surrounding uses
while complying with the lighting requirements of the Federal Aviation
Administration.
15.427.040 Prohibited Uses.
Prohibited uses are the same as for the underlying zoning district as listed in Tables MLUDC
15.405.060 and 15.405.070, except no permit shall be granted in the Overlay District that
would:
A. No Airport Hazards. Allow the establishment or creation of an airport hazard, including
but not limited to:
1. Electrical interference with navigational signals or radio communications at the
airport or with radio or electronic communications between the airport and aircraft.
2. Emission of fly ash, dust, vapor, gases, or other forms of emissions that may conflict
with any planned operations of the airport.
3. Foster an increase in bird population and thereby increase the likelihood of a bird-
impact problem.
4. Erection or placement of any structure, device, or other object that makes it difficult
for pilots to distinguish between airport lights and other lights, results in glare in the
eyes of pilots using the airports, impairs visibility in the vicinity of the airport, or
otherwise endangers the landing, taking off, or maneuvering of aircraft.
B. No Incompatible Uses. Authorize any use or activity that would result in the siting of an
incompatible use adjacent to an airport pursuant to RCW 36.70.547, as amended.
C. Other Prohibited Uses. Additional prohibited uses within the Moses Lake Municipal
Airport include:
1. Kennels;
2. Automobile wrecking yards;
3. Residences;
4. Storage of any waste not generated within the municipal boundaries of the City of
Moses Lake as a result of a business licensed within the City; and
5. The treatment or storage of any hazardous or nuclear waste.
D. No Increase in Nonconforming Structures or Use. Permit a nonconforming structure or
use to be made larger or to become higher or become a greater hazard to air navigation
than it was when the MLUDC was adopted.
15.427.050 Exemptions.
The provisions of this Chapter shall not be applicable to the following when allowed in the
underlying zoning district:
Part 15.400 Zoning and Overlay Districts Page 66 of 69
A. Nonconforming Uses and Structures. A use, building, or structure which legally exists
prior to the effective date of the ordinance codified in this Chapter is considered
nonconforming and therefore is exempt, except as may be compelled by state or federal
regulations. The use, building, or structure must adhere to the requirements of MLUDC
Chapter 15.730.
B. Necessary Aviation Facilities. Any air navigation facility, airport visual approach, or
aircraft arresting device, or meteorological device, or a type of device approved by
WSDOT, the location and height of which is fixed by its functional purpose;
C. Temporary Outdoor Events and Festivals. Temporary outdoor events and temporary
outdoor festivals as defined in the Moses Lake Municipal Code and MLUDC, as long as the
period of operation does not exceed five (5) days.
D. Temporary Structures. Temporary buildings and structures auxiliary to residential
development and major construction which support the sale of dwellings and lots within
the same subdivision or residential development, so long as such uses and associated
structures are constructed or erected as incidental to a development, do not involve any
significant investment, are solely used for the designated purpose and remain for a
maximum of one (1) year.
E. Agricultural Structures. Bona fide agricultural buildings, structures, improvements, and
associated developments so long as not more than one (1) single-family dwelling occurs
within that portion of the parcel located within the Overlay District.
F. Other Uses. As determined by the Director to be minor or incidental and within the intent
or objective of this Chapter to protect the airspace around the Moses Lake Municipal
Airport from airspace obstructions, hazards, and incompatible land uses and to protect
public health, safety, and general welfare within the Overlay District.
Part 15.400 Zoning and Overlay Districts Page 67 of 69
Part 15.400 Zoning and Overlay Districts Page 68 of 69
Airport Compatibility Zone
Dimensions Length Width Notes
Zone 1 1,000’750’Zone 1 includes the runway’s RPZ. The RPZ is depicted with
shaded area within Zone 1.
Zone 2 1,500’750’NA
Zone 3 3,000’**Plot Zone 3 ‘s vertex 1,000’ from the runway’s endpoint or
25% of runway’s length
Zone 4 2,500’500’NA
Zone 5 *500’Zone 5 ends 200’ past the runway’s endpoint
Zone 6 5,000’5,000’Set the vertex for Zone 6’s arc parallel to the end of Zone 2
Part 15.400 Zoning and Overlay Districts Page 69 of 69
Part 15.500 Environmental Regulations Page 1 of 85
Part 15.500 ENVIRONMENTAL REGULATIONS
Chapter 15.510 SEPA REGULATIONS
Chapter 15.515 CRITICAL AREA REGULATIONS – APPLICABILITY, EXEMPTIONS, AND EXCEPTIONS
Chapter 15.520 CRITICAL AREA REGULATIONS – GENERAL PROVISIONS
Chapter 15.525 CRITICAL AREA REGULATIONS – WETLANDS
Chapter 15.530 CRITICAL AREA REGULATIONS – FISH AND WILDLIFE HABITAT
Chapter 15.535 CRITICAL AREA REGULATIONS – GEOLOGICALLY HAZARDOUS AREAS
Chapter 15.540 CRITICAL AREA REGULATIONS – FREQUENTLY FLOODED AREAS
Chapter 15.545 CRITICAL AREA REGULATIONS – AQUIFER RECHARGE AREAS
Chapter 15.550 SHORELINE MANAGEMENT REGULATIONS
Part 15.500 Environmental Regulations Page 2 of 85
Chapter 15.510
SEPA REGULATIONS
Sections:
15.510.010 Authority.
15.510.020 Codes Adopted By Reference.
15.510.030 Definitions.
15.510.040 Designation of Responsible Official.
15.510.050 Lead Agency Determination and Responsibilities.
15.510.060 Timing Considerations.
15.510.070 Project Permit Integration.
15.510.080 Growth Management Act Integration.
15.510.090 Model Toxics Contral Act Integration.
15.510.100 Categorical Exemptions – Adoption by Reference.
15.510.110 Categorical Exemptions – Minor New Construction
15.510.120 Categorical Exemptions – Determination.
15.510.130 Applicant Information.
15.510.140 Threshold Determination Process.
15.510.150 Threshold Determination – Mitigated DNS
15.510.160 Optional DNS Process.
15.510.170 Planned Actions.
15.510.180 Environmental Impact Statement Preparation.
15.510.190 Using Existing Environmental Documents
15.510.200 SEPA Substantive Authority and Mitigation.
15.510.210 Public Notice Requirements.
15.510.220 Appeals.
15.510.230 Notice of Action.
15.510.240 Fees.
15.510.250 Retention of Documents.
15.510.260 Forms.
15.510.010 Authority.
The City adopts the ordinance codified in this Chapter under the State Environmental Policy
Act (SEPA), Chapter 43.21C RCW and the SEPA Rules, Chapter 197-11 WAC. This Chapter
contains the City’s SEPA procedures and policies. The SEPA rules contained in Chapter 197-11
WAC shall be used in conjunction with this Chapter.
A. SEPA Rules. The following sections of Chapter 197-11 WAC are incorporated by reference:
197-11-030 Policy.
15.510.020 Codes Adopted By Reference.
Unless otherwise specifically stated herein, all codes which are adopted or referenced in this
chapter shall be as such codes now exist or are hereafter amended.
Part 15.500 Environmental Regulations Page 3 of 85
15.510.030 Definitions.
A. Definitions Adopted By Reference. The following sections of Chapter 197-11 WAC are
incorporated by reference:
197-11-040 Definitions.
197-11-220 SEPA/GMA definitions.
197-11-700 Definitions.
197-11-702 Act.
197-11-704 Action.
197-11-706 Addendum.
197-11-708 Adoption.
197-11-710 Affected tribe.
197-11-712 Affecting.
197-11-714 Agency.
197-11-716 Applicant.
197-11-718 Built environment.
197-11-720 Categorical exemption.
197-11-721 Closed record appeal.
197-11-722 Consolidated appeal.
197-11-724 Consulted agency.
197-11-726 Cost-benefit analysis.
197-11-728 County/city.
197-11-730 Decision maker.
197-11-732 Department.
197-11-734 Determination of nonsignificance (DNS).
197-11-736 Determination of significance (DS).
197-11-738 EIS.
197-11-740 Environment.
197-11-742 Environmental checklist.
197-11-744 Environmental document.
197-11-746 Environmental review.
197-11-750 Expanded scoping.
197-11-752 Impacts.
197-11-754 Incorporation by reference.
197-11-756 Lands covered by water.
197-11-758 Lead agency.
197-11-760 License.
197-11-762 Local agency.
197-11-764 Major action.
197-11-766 Mitigated DNS.
197-11-768 Mitigation.
197-11-770 Natural environment.
197-11-772 NEPA.
197-11-774 Nonproject.
197-11-775 Open record hearing.
Part 15.500 Environmental Regulations Page 4 of 85
197-11-776 Phased review.
197-11-778 Preparation.
197-11-780 Private project.
197-11-782 Probable.
197-11-784 Proposal.
197-11-786 Reasonable alternative.
197-11-788 Responsible official.
197-11-790 SEPA.
197-11-792 Scope.
197-11-793 Scoping.
197-11-794 Significant.
197-11-796 State agency.
197-11-797 Threshold determination.
197-11-799 Underlying governmental action.
B. Additional Definitions. In addition to those definitions contained within Chapter 197-11
WAC, when used in this Chapter, the following terms shall have the following meanings:
“City” means the City of Moses Lake, Washington.
“Permit” or “Permit application” means any land use or environmental permit or license
required from the City for a project action, including but not limited to building permits,
subdivisions, planned unit developments, conditional uses, shoreline development
permits, site plan review, permits or approvals required by critical area ordinances, site
specific rezones authorized by the comprehensive plan or a special planning area plan or
other subarea plan, unless excluded by this Chapter.
“SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.
15.510.040 Designation of Responsible Official.
The responsible official for the City shall be the Director or designee.
15.510.050 Lead Agency Determination and Responsibilities.
A. Determination of Lead Agency. When the City receives an application for or initiates a
proposal that involves a nonexempt action, the responsible official shall determine the
lead agency for that proposal under WAC 197-11-050 and WAC 197-11-922 through 197-
11-940, incorporated herein. This determination shall be made for each proposal
involving a nonexempt action unless the lead agency has been previously determined or
the responsible official is aware that another agency is in the process of determining the
lead agency.
B. Transfer of Lead Agency Status to a State Agency. For any proposal for a private project
where the City would be the lead agency and for which one or more state agencies have
jurisdiction, the responsible official may elect to transfer the lead agency duties to a state
agency. The state agency with jurisdiction appearing first on the priority listing in WAC
197-11-936 shall be the lead agency and the City shall be an agency with jurisdiction. To
transfer lead agency duties, the responsible official must transmit a notice of the transfer
together with any relevant information available on the proposal to the appropriate state
Part 15.500 Environmental Regulations Page 5 of 85
agency with jurisdiction. The responsible official shall also give notice of the transfer to
the Applicant and any other agencies with jurisdiction over the proposal.
C. Responsibilities of City as Lead Agency. For all proposals for which the City is the lead
agency, the responsible official shall make the threshold determination, supervise scoping
and preparation of any required environmental impact statement (EIS), and perform any
other functions assigned to the lead agency or responsible official by those sections of the
SEPA rules that are adopted by reference in this Chapter, or otherwise assigned by the
supplemental provisions of this Chapter.
D. Responsibilities of City When Not Lead Agency. When the City is not the lead agency for
a proposal, all Departments of the City shall use and consider, as appropriate, either the
DNS or the final EIS of the lead agency in making decisions on the proposal. The City shall
not prepare or require preparation of a DNS or EIS in addition to that prepared by the
lead agency, unless required under WAC 197-11-600. In some cases, the City may require
or conduct supplemental environmental review under WAC 197-11-600.
E. Objection to Lead Agency Determination. If the City receives a lead agency
determination made by another agency that appears inconsistent with the criteria of WAC
197-11-922 through 197-11-940, it may object to the determination. Any objection must
be made to the agency originally making the determination and resolved within fifteen
(15) calendar days of receipt of the determination, or the City must petition the
Department of Ecology for a lead agency determination under WAC 197-11-946 within
the fifteen-day time period. Any such petition on behalf of the City may be initiated by
the responsible official.
F. Lead Agency Agreements. The responsible official is authorized to make agreements as
to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942
and 197-11-944.
G. Determination of Other Agencies. In making a lead agency determination for a private
project, the responsible official shall require sufficient information from the Applicant to
identify which other agencies have jurisdiction over the proposal.
H. Assumption of Lead Agency Status. The City may assume lead agency status pursuant to
WAC 197-11-948, incorporated herein.
15.510.060 Timing Considerations.
Time estimates contained in this section (expressed in calendar days) shall apply when the
City processes permits for all private projects and those governmental proposals submitted
to the City by other agencies. The actual time may vary with the complexity of the project,
availability of staff, cooperation of agencies with jurisdiction or expertise, etc. Time periods
for making threshold determinations shall commence upon payment of SEPA fees.
A. SEPA Rules. The following sections of Chapter 197-11 WAC are incorporated by reference:
197-11-055 Timing of the SEPA process.
197-11-230 Timing of an integrated GMA/SEPA process.
B. Categorical Exemptions. The City will typically identify whether an action is categorically
exempt within seven (7) days of receiving a completed application.
C. Threshold Determinations. When the City is lead agency for a proposal, the following
threshold determination timing requirements apply:
Part 15.500 Environmental Regulations Page 6 of 85
1. If a DS is made concurrent with the notice of application, the DS and scoping notice
shall be combined with the notice of application. Nothing in this subsection prevents
the DS or scoping notice from being issued before the notice of application. If
sufficient information is not available to make a threshold determination when the
notice of application is issued, the DS may be issued later in the review process.
2. If the City is lead agency and project proponent or is funding a project, the City may
conduct its review under SEPA and may allow appeals of procedural determinations
prior to submitting a project permit application.
3. If an open record hearing is required, the threshold determination shall be issued at
least fifteen (15) days before the open record hearing.
4. The optional DNS process in WAC 197-11-355 may be used to indicate on the notice
of application that the lead agency is likely to issue a DNS. If this optional process is
used, a separate comment period on the DNS may not be required.
D. Early Review. If the City’s only action on a proposal is a decision on a building permit or
other permit that requires detailed project plans and specifications, the Applicant may
request in writing that the City conduct environmental review prior to submission of the
detailed plans and specifications.
1. In addition to the environmental documents and complete project permit application,
an Applicant shall submit the following information for early environmental review:
a. Site plan as required by the zoning code.
b. Other information as the responsible official may determine.
2. The responsible official should respond to the request for early review within twenty-
one (21) calendar days in writing and state:
a. Whether the City currently considers issuance of a DS likely and, if so, indicate the
general or specific areas of concern that are leading the City to consider a DS; and
b. State that the Applicant may change or clarify the proposal to mitigate the
indicated impacts, revising the environmental checklist and/or permit application
as necessary to reflect the changes or clarifications.
15.510.070 Project Permit Integration. Under state law, the procedure for review of project permits shall
be combined with the environmental review process, both procedural and substantive. The
process under SEPA and this Chapter shall integrate the following procedures, insofar as
possible, with any applicable process for decision-making on permit and land use applications:
A. Application. Department review of the application under City codes and regulations, and
the environmental review and determination thereon.
B. Staff Report. The staff report on the application, and the report or documentation
concerning environmental review.
C. Hearing and Public Notices. Hearings and other public processes, including required
public notices, required by City codes or regulations, and hearings and other public
processes, including public notices, required, or conducted under SEPA.
D. Additional Processes. Such other review processes as the responsible official shall
determine.
Part 15.500 Environmental Regulations Page 7 of 85
15.510.080 Growth Management Act Integration. The following sections of Chapter 197-11 WAC are
incorporated by reference:
197-11-210 SEPA/GMA integration.
197-11-220 SEPA/GMA definitions.
197-11-228 Overall SEPA/GMA integration procedures.
197-11-230 Timing of an integrated GMA/SEPA process.
197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental
analysis, and expanded scoping.
197-11-235 SEPA/GMA integration documents.
15.510.090 Model Toxics Contral Act Integration. The following sections of Chapter 197-11 WAC are
incorporated by reference:
197-11-250 SEPA/Model Toxics Control Act integration.
197-11-253 SEPA lead agency for MTCA actions.
197-11-256 Preliminary evaluation.
197-11-259 Determination of nonsignificance for MTCA remedial action.
197-11-262 Determination of significance and EIS for MTCA remedial actions.
197-11-265 Early scoping for MTCA remedial actions.
197-11-268 MTCA interim actions.
15.510.100 Categorical Exemptions – Adoption by Reference. The following sections of Chapter 197-11
WAC are incorporated by reference:
197-11-305 Categorical exemptions.
197-11-800 Categorical exemptions.
197-11-880 Emergencies.
197-11-890 Petitioning DOE to change exemptions.
15.510.110 Categorical Exemptions – Minor New Construction
A. City Thresholds Established. The City establishes the following exempt levels for minor
new construction based on local conditions:
1. For single family residential units in WAC 197-11-800(1)(b)(i): Up to 30 residential
units.
2. For single family residential units in WAC 197-11-800(1)(b)(i) with the total square
footage less than 1,500 square feet: Up to 50 residential units.
3. For multifamily residential units in WAC 197-11-800(1)(b)(ii): Up to 60 residential
units.
4. For agricultural structures in WAC 197-11-800(1)(b)(iii): up to 40,000 square feet.
5. For office, school, commercial, recreational, service or storage buildings in WAC 197-
11-800(1)(b)(iv): Up to 30,000 square feet and up to 90 parking spaces.
6. For parking lots in WAC 197-11-800 I(b)(iv): Up to 90 parking spaces.
7. For any fill or excavations in WAC 197-11-800(1)(b)(v): Up to 1,000 cubic yards.
Part 15.500 Environmental Regulations Page 8 of 85
15.510.120 Categorical Exemptions – Determination.
A. Determination. When the City receives an application for a project or proposal or, in the
case of City proposals, a department initiates a project or proposal, the responsible official
shall determine whether the project or the proposal is exempt under this Chapter, SEPA,
or the SEPA rules. The determination that a project or proposal is exempt shall be final
and not subject to administrative review. If a proposal is exempt, none of the procedural
requirements of this Chapter shall apply to the proposal. The City shall not require
completion of an environmental checklist for an exempt proposal.
B. Review of Proposal Information. In determining whether a project or proposal is exempt,
the responsible official shall make certain the proposal is properly defined and shall
identify the specific permits and approvals required.
C. Proposals with Exempt and Non-Exempt Actions. If a proposal includes both exempt and
nonexempt actions, the City may authorize exempt actions prior to compliance with the
procedural requirements of this Chapter, except that as authorized in WAC 197-11-070:
1. The City may withhold approval of an exempt action that would lead to modification
of the physical environment, when such modification would serve no purpose if
nonexempt action(s) were not approved; and
2. The City may withhold approval of exempt actions that would lead to substantial
financial expenditures by a private Applicant when the expenditures would serve no
purpose if nonexempt action(s) were not approved.
D. Documentation of Categorical Exemption. The City may note on an application that a
proposal is categorically exempt or place such a determination in City files, but the City is
not required to document that a proposal is categorically exempt.
15.510.130 Applicant Information.
A. SEPA Rules. The following sections of Chapter 197-11 WAC are incorporated by reference:
197-11-060 Content of environmental review.
197-11-080 Incomplete or unavailable information.
197-11-090 Supporting documents.
197-11-100 Information Required of Applicants.
B. Environmental Checklist. All applications subject to this Chapter shall include a
completed SEPA Checklist in such form as provided by the City.
1. A completed SEPA checklist shall not be required when:
a. The City has determined the proposal to be Categorically Exempt from the
requirements of SEPA.
b. The City and Applicant mutually agree that an EIS is required.
c. SEPA compliance for the proposed project has already been completed.
d. SEPA compliance has been initiated by another agency for the same proposal.
2. The responsible official shall use the environmental checklist substantially in the form
found in WAC 197-11-960 except for:
a. Public proposals on which the lead agency has decided to prepare its own EIS;
b. Proposals on which the lead agency and Applicant agree an EIS will be prepared;
or
Part 15.500 Environmental Regulations Page 9 of 85
c. Projects which are proposed as planned actions, which shall be governed by the
requirements of WAC 197-11-315(2).
3. The Applicant shall be responsible for completing the SEPA checklist and providing all
required supporting documentation.
4. For projects submitted under an approved planned action under WAC 197-11-164
and 197-11-168, the City shall use its existing environmental checklist form or may
modify the environmental checklist form as provided in WAC 197-11-315. The
modified environmental checklist form may be prepared and adopted along with, or
as part of, a planned action ordinance, or developed after the ordinance is adopted.
In either case, a proposed modified environmental checklist form must be completed.
C. Identification of Other Agencies with Jurisdiction. The responsible official shall require
sufficient information from the Applicant to identify other Agencies with jurisdiction.
15.510.140 Threshold Determination Process.
A. SEPA Rules. The following sections of Chapter 197-11 WAC are incorporated by reference:
197-11-300 Purpose of this part.
197-11-310 Threshold determination required.
197-11-315 Environmental checklist.
197-11-330 Threshold determination process.
197-11-335 Additional information.
197-11-340 Determination of nonsignificance (DNS).
197-11-350 Mitigated DNS.
197-11-355 Optional DNS process.
197-11-360 Determination of significance (DS/initiation of scoping.
197-11-390 Effects of threshold determination.
197-11-920 Agencies with environmental expertise.
B. Review of Responsible Official. The responsible official, in reviewing the environmental
impacts of a project and making the threshold determination, shall determine that the
requirements for environmental analysis, protection and mitigation measures in the City’s
comprehensive plan and development regulations adopted under chapter 36.70A RCW,
and in other applicable local, state or federal laws or rules provide adequate analysis of
and mitigation for some or all of the specific adverse environmental impacts of the
project. In conducting this review the responsible official shall:
1. Determine whether applicable regulations require studies that adequately analyze all
of the project application’s specific probable adverse environmental impacts;
2. Determine whether applicable regulations require measures that adequately address
such environmental impacts;
3. Determine whether additional studies are required and/or whether the project
permit application should be conditioned with additional mitigation measures;
4. Provide prompt and coordinated review by government agencies and the public on
compliance with applicable environmental laws and plans, including mitigation for
specific project impacts that have not been considered and addressed at the plan or
development regulation level;
Part 15.500 Environmental Regulations Page 10 of 85
5. Review and document consistency with the comprehensive plan and land use code
development regulations; and
6. Consult the procedures set forth in WAC 197-11-158.
C. Project Review under the GMA. In its review of a project permit application, the City may
determine, pursuant to the criteria of RCW 43.21C.240(1) and (2), the requirements for
environmental analysis, protection and mitigation measures in the applicable
development regulations, comprehensive plan and/or in other applicable local, state or
federal laws provide adequate analysis of and mitigation for the specific adverse
environmental impacts of the application.
1. If the City’s comprehensive plan and development regulations adequately address a
project’s probable specific adverse environmental impacts, as determined under
subsection (C)(2) of this section, or RCW 43.21C.240(1) and (2), the City shall not
impose additional mitigation under SEPA during project review.
2. A comprehensive plan, development regulation or other applicable local, state or
federal law provides adequate analysis of and mitigation for the specific adverse
environmental impacts of an application when:
a. The impacts have been avoided or otherwise mitigated; and
b. The City has designated as acceptable certain levels of service, land use
designations, development standards or other land use planning required or
allowed by the GMA.
3. Nothing in this section limits the authority of the City in its review or mitigation of a
project to adopt or otherwise rely on environmental analyses and requirements
under other laws, as provided in chapter 43.21C RCW.
D. Agency Consultation. In its decision whether a specific adverse environmental impact has
been addressed by an existing rule or law of another agency with jurisdiction with
environmental expertise with regard to a specific environmental impact, the City shall
consult orally or in writing with that agency and may expressly defer to that agency. In
making this deferral, the City shall base or condition its project approval on compliance
with these other existing rules or laws.
15.510.150 Threshold Determination – Mitigated DNS
A. Mitigated DNS. The responsible official may issue a determination of nonsignificance
(DNS) based on conditions attached to the proposal by the responsible official or on
changes to, or clarifications of, the proposal made by the Applicant.
B. Early Review – Revised Proposal. When an Applicant submits a changed or clarified
proposal, along with a revised environmental checklist, pursuant to the City’s response to
a request for early review, the City shall base its threshold determination on the changed
or clarified proposal.
1. If the City indicated specific mitigation measures in its response to the request for
early notice, and the Applicant changed or clarified the proposal to include those
specific mitigation measures, the City shall issue and circulate a determination of
nonsignificance if the City determines that no additional information or mitigation
measures are required.
Part 15.500 Environmental Regulations Page 11 of 85
2. If the City indicated areas of concern, but did not indicate specific mitigation
measures that would allow it to issue a DNS, the City shall make the threshold
determination, issuing a DNS or DS as appropriate.
3. The Applicant’s proposed mitigation measures, clarifications, changes, or conditions
must be in writing and must be specific.
4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated
in the DNS by reference to agency staff reports, studies, or other documents.
C. Timing. The City shall not act upon a proposal for which a mitigated DNS has been issued
for fourteen (14) calendar days after the date of issuance; provided, that the
requirements of this section shall not apply to an mitigated DNS issued pursuant to the
optional DNS process described in MLUDC 15.510.160.
D. Mitigation Measures. Mitigation measures incorporated in the mitigated DNS shall be
deemed conditions of approval of the underlying permit or action and may be enforced
in the same manner as any term or condition of the permit or enforced in any matter
specifically prescribed by the City. Failure to comply with the designated mitigation
measures shall be grounds for suspension and/or revocation of any permit issued.
E. Withdrawal of DNS. If the City’s tentative decision on a permit or approval does not
include mitigation measures that were incorporated in a mitigated DNS for the proposal,
the City should evaluate the threshold determination to assure consistency with WAC
197-11-340(3)(a) relating to the withdrawal of a DNS.
15.510.160 Optional DNS Process.
A. Eligibility. When the responsible official has a reasonable basis for determining significant
adverse environmental impacts are unlikely for a proposal, the City may use a single
integrated comment period to obtain comments on the notice of application and the
likely threshold determination for the proposal. If the process is used, a second comment
period will typically not be required when the DNS is issued. The Optional DNS Process
should only be used on minor projects that can be fully reviewed prior to issuing a Notice
of Application under MLUDC 15.210.050.
B. Optional DNS Notice. If the City uses the optional process, the responsible official shall
comply with the requirements of WAC 179-11-355, combining the SEPA notice with the
notice of application and providing on 14-day comment period for the application and
SEPA determination.
15.510.170 Planned Actions.
A. SEPA Rules. The following sections of Chapter 197-11 WAC are incorporated by reference:
197-11-164 Planned actions—Definition and criteria.
197-11-168 Ordinances or resolutions designating planned actions—Procedures for
adoption.
197-11-172 Planned actions—Project review.
15.510.180 Environmental Impact Statement Preparation.
A. SEPA Rules. The following sections of Chapter 197-11 WAC are incorporated by reference:
197-11-400 Purpose of EIS.
Part 15.500 Environmental Regulations Page 12 of 85
197-11-402 General requirements.
197-11-405 EIS types.
197-11-406 EIS timing.
197-11-408 Scoping.
197-11-410 Expanded scoping.
197-11-420 EIS preparation.
197-11-425 Style and size.
197-11-430 Format.
197-11-435 Cover letter or memo.
197-11-440 EIS contents.
197-11-442 Contents of EIS on non-project proposals.
197-11-443 EIS contents when prior non-project EIS.
197-11-444 Elements of the environment.
197-11-448 Relationship of EIS to other considerations.
197-11-450 Cost-benefit analysis.
197-11-455 Issuance of DEIS.
197-11-460 Issuance of FEIS.
B. Preparation of EIS.
1. The DEIS and FEIS or draft and final SEIS shall be prepared by the City, the Applicant,
or by a consultant selected by the City or the Applicant. If the responsible official
requires an EIS for a proposal and determines that someone other than the City will
prepare the EIS, the responsible official shall notify the Applicant immediately after
completion of the threshold determination. The responsible official shall also notify
the Applicant of the City’s procedure for EIS preparation, including approval of the DEIS
and FEIS prior to distribution.
2. The City is authorized to require the Applicant to provide information the City does not
possess, including specific investigations. However, the Applicant is not required to
supply information that is not required under this Chapter, SEPA, the SEPA Rules, or
that is being requested from another agency. (This does not apply to information the
City may request under another ordinance or statute.)
15.510.190 Using Existing Environmental Documents
A. SEPA Rules. The following sections of Chapter 197-11 WAC are incorporated by reference:
197-11-600 When to use existing environmental documents.
197-11-610 Use of NEPA documents.
197-11-620 Supplemental environmental impact statement – Procedures.
197-11-625 Addenda – Procedures.
197-11-630 Adoption – Procedures.
197-11-635 Incorporation by reference – Procedures.
197-11-640 Combining documents.
15.510.200 SEPA Substantive Authority and Mitigation.
A. SEPA Rules. The following sections of Chapter 197-11 WAC are incorporated by reference:
197-11-650 Purpose of this part.
Part 15.500 Environmental Regulations Page 13 of 85
197-11-655 Implementation.
197-11-660 Substantive authority and mitigation.
B. Mitigation Conditions. The City may attach conditions to a permit or approval for a
proposal so long as:
1. Such conditions are necessary to mitigate specific probable adverse environmental
impacts identified in environmental documents prepared pursuant to this Chapter;
2. Such conditions are in writing;
3. The conditions or mitigation measures included in such conditions are reasonable and
capable of being accomplished;
4. The City has considered whether other local, state, or federal mitigation measures
applied to the proposal are sufficient to mitigate the identified impacts; and
5. Such conditions are based on one or more policies in subsection D of this section.
C. Denial of Permit or Approval. The City may deny a permit or approval for a proposal on
the basis of SEPA so long as:
1. A finding is made that approving the proposal would result in probable significant
adverse environmental impacts that are identified in a FEIS or final SEIS prepared
pursuant to this chapter;
2. A finding is made that no reasonable mitigation measures are capable of being
accomplished that are sufficient to mitigate the identified impact; and
3. The denial is based on one or more policies identified in subsection D of this section
and identified in writing in the decision document.
D. Criteria for Exercise of Substantive Authority. The City designates and adopts by
reference the following policies as the basis for the City’s exercise of authority pursuant
to this section:
1. The City shall use all practicable means, consistent with other essential considerations
of City policy, to improve and coordinate plans, functions, programs, and resources
to the end that the City and its citizens may:
a. Fulfill the responsibilities of each generation as trustee of the environment for
succeeding generations;
b. Assure for all people of Moses Lake safe, healthful, productive, and aesthetically
and culturally pleasing surroundings;
c. Attain the widest range of beneficial uses of the environment without
degradation, risk to health or safety, or other undesirable and unintended
consequences;
d. Preserve important historic, cultural, and natural aspects of our national heritage;
e. Maintain, wherever possible, an environment which supports diversity and
variety of individual choice;
f. Achieve a balance between population and resource use which will permit high
standards of living and a wide sharing of life’s amenities; and
g. Enhance the quality of renewable resources and approach the maximum
attainable recycling of depletable resources.
2. The City recognizes that each person has a fundamental and inalienable right to a
healthful environment and that each person has a responsibility to contribute to the
preservation and enhancement of the environment.
Part 15.500 Environmental Regulations Page 14 of 85
3. The City adopts by reference the policies, plans, rules, or regulations in the following
statutes, regulations, provisions, and documents to the extent such policies, plans,
rules, or regulations are not inconsistent with the policies listed in subsections D(1)
and D(2) of this section and are not inconsistent with the City of Moses Lake
Comprehensive Plan:
a. Moses Lake Building Code.
b. Moses Lake Unified Development Code.
c. City of Moses Lake Trails Plan.
d. City of Moses Lake Comprehensive Parks, Recreation & Open Space Plan.
e. City of Moses Lake Community Street and Utility Standards.
f. City of Moses Lake Shoreline Master Program.
g. City of Moses Lake Housing Action Plan.
h. City of Moses Lake Wayfinding Plan.
15.510.210 Public Notice Requirements.
A. SEPA Rules. The following sections of Chapter 197-11 WAC are incorporated by reference:
197-11-500 Purpose of this part.
197-11-502 Inviting comment.
197-11-504 Availability and cost of environmental documents.
197-11-508 SEPA register.
197-11-510 Public notice.
197-11-535 Public hearings and meetings.
197-11-545 Effect of no comment.
197-11-550 Specificity of comments.
197-11-560 FEIS response to comments.
197-11-570 Consulted agency costs to assist lead agency.
B. Public Notice. Whenever the City issues a DNS under WAC 197-11-340(2), an Optional
DNS under WAC 197-11-355, or a DS under WAC 197-11-360(3) the City shall give public
notice as follows:
1. When possible, public notice requirements under SEPA should be combined with
notice requirements for an application set forth in MLUDC Chapter 15.210. This notice
shall state whether a DS or a DNS was issued and when all comments are due. The
City will use whichever notice requirements are greater except when issuing a DNS
under the optional DNS process, in which case the requirements of WAC 197-11-355
shall be met.
2. The City shall give notice of a DNS or DS by using all of the following means:
a. By publishing notice in a newspaper of local circulation.
b. By posting the Notice of Application on the City’s website.
c. By sending notice to public agencies as determined by the responsible official.
d. By notifying public or private groups which have expressed interest in writing for
a certain proposal or in the type of proposal being considered.
e. For site specific proposals, by mailing notice to the owners of real property
located within five hundred (500) feet of the subject property or posting a
minimum of one sign or placard on the site or a location immediately adjacent to
Part 15.500 Environmental Regulations Page 15 of 85
the site that provides visibility to motorists using adjacent streets, or both, as
determined by the responsible official. The responsible official shall establish
standards for size, color, layout, design, wording, number, placement, and timing
of installation and removal of the signs or placards.
f. Any other reasonable method calculated to inform the public and other agencies
or required by statute or ordinance, as determined by the responsible official.
3. Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the
scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in
the public notice.
4. Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-
11-620, notice of the availability of those documents shall be given by indicating the
availability of the DEIS in any public notice required for a nonexempt permit and all
of the methods specified in subsection B(2) above.
C. Notice of Public Hearings. Notice of public hearings shall be published, posted, and
mailed no later than fifteen (15) calendar days before the hearing.
D. Cost of Public Notice. The City shall require an Applicant to complete the public notice
requirements for the Applicant’s proposal at the Applicant’s expense, compensate the
City for costs of carrying out the public notice requirements on behalf of the Applicant, or
provide services or materials to assist the City in carrying out the public notice
requirements.
E. Notice of Appeal. The notice of decision shall include notice of:
1. That any SEPA issues must be appealed within the time limit set by statute or
ordinance for appealing the underlying governmental action.
2. The time limit for commencing the appeal of the underlying governmental action and
SEPA issues, and the statute or ordinance establishing the time limit; and
3. Where the appeal may be filed.
15.510.220 Appeals.
A. SEPA Rules. The following sections of Chapter 197-11 WAC are incorporated by reference:
197-11-680 Appeals
B. Administrative Appeals. The City establishes the following administrative appeal
procedures under RCW 43.21C.075 and WAC 197-11-680:
1. Procedural appeals.
a. Any person may appeal the City’s procedural compliance with this Chapter for
issuance of the following:
i. A DNS: Appeal of the DNS must be made to the Hearing Examiner within
fourteen (14) calendar days of the date the DNS is final. This appeal period
shall be extended for an additional seven (7) calendar days if the DNS
provides for public comment. Except as provided herein, the appeal shall be
consolidated with any hearing or appeal of the underlying permit.
ii. A DS: Appeal of the DS must be made to the Hearing Examiner within fourteen
(14) calendar days of the date the DS is issued. An appeal is not required to
be consolidated with a hearing or appeal on the underlying permit.
Part 15.500 Environmental Regulations Page 16 of 85
iii. Agency action: Appeals of a procedural determination made by the City when
it is the project proponent or is funding the project, and appeals of a
procedural determination made by the City on a nonproject action need not
be consolidated with a hearing or appeal on the underlying action.
b. The decision of the Hearing Examiner shall be final with no additional
administrative appeal.
c. The procedural determination by the City’s responsible official shall carry
substantial weight in any appeal proceeding.
2. Substantive appeals. There shall be no administrative appeal when any proposal or
action is conditioned or denied on the basis of SEPA by a nonelected official.
3. No other appeal provided. Except as provided in subsection B(1) of this section, or as
otherwise provided by law, no right to appeal is created by this section.
4. Contents of Appeal. All appeals shall contain a statement of reasons why the decision
of the responsible official is allegedly in error and comply with the other requirements
for a written appeal set forth in MLUDC 15.215.020(D).
C. Judicial Appeals.
1. No right to judicial review or appeal, which does not now exist, is created by this
Chapter. The decision by the City to issue or deny nonexempt permits or approve
proposals shall be final. Judicial review shall be initiated within the time provided by
RCW 43.21C.075.
2. The City shall give official notice under WAC 197-11-680(5) of the date and place for
commencing judicial appeal whenever it issues a permit or approval for which a
statute or ordinance establishes a time limit for commencing judicial review.
D. Record on Appeal.
1. Any judicial appeal under this Chapter shall be on the record. The City shall provide
for a record consisting of the following:
1. Findings and conclusions;
2. Testimony under oath; and
3. A taped or written transcript.
2. The cost of providing a taped or written transcript shall be borne by the Appellant.
15.510.230 Notice of Action. The City, Applicant for, or proponent of an action may publish a notice of
action pursuant to RCW 43.21C.080 for any action. The form of the notice shall be
substantially in the form provided in WAC 197-11-990. The notice shall be published by the
City, Applicant, or proponent pursuant to RCW 43.21C.080. Any cost of publication shall be
paid by the Applicant.
15.510.240 Fees.
A. SEPA Rules. The following sections of Chapter 197-11 WAC are incorporated by reference:
197-11-914 SEPA fees and costs.
B. Threshold Determination. For every environmental checklist the City will review when it
is lead agency, the City shall collect a fee from the proponent of the proposal prior to
undertaking the threshold determination.
Part 15.500 Environmental Regulations Page 17 of 85
C. Environmental Impact Statement.
1. When the City is the lead agency for a proposal requiring an environmental impact
statement and the responsible official determines that the environmental impact
statement shall be prepared by employees of the City, the City may charge and collect
a reasonable fee from any Applicant to cover costs incurred, including overhead, by
the City in preparing the environmental impact statement. The responsible official
shall advise the Applicant of the projected costs for the environmental impact
statement prior to actual preparation.
2. The responsible official may determine that the City will contract directly with a
consultant for preparation of an environmental impact statement, or a portion of the
environmental impact statement, for activities initiated by some persons or an entity
other than the City and may bill such costs incurred including overhead directly to the
Applicant. Such consultants shall be selected by the City.
3. The Applicant shall pay the projected amount to the City prior to commencing work.
The City will refund the excess, if any, at the completion of the environmental impact
statement. If the City’s costs exceed the projected costs, the Applicant shall
immediately pay the excess, and the City is not obligated to proceed until the monies
have been received. If a proposal is modified so that an environmental impact
statement is no longer required, the responsible official shall refund any fees
collected under this section which remain after incurred costs, including overhead,
are paid.
D. Appeals. All appeals shall be accompanied by a nonrefundable appeal fee.
E. Public Records Act Copies. The City may charge any person for copies of any document
prepared under this Chapter, and for mailing the document in a manner provided by the
Public Records Act, Chapter 42.56 RCW and the City Public Records Policy.
15.510.250 Retention of Documents. The City shall retain all documents required by the SEPA rules
(Chapter 197-11 WAC) and make them available in accordance with the Public Records Act,
Chapter 42.56 RCW.
15.510.260 Forms. The City adopts the following forms and sections by reference:
197-11-960 Environmental checklist.
197-11-965 Adoption notice.
197-11-970 Determination of non-significance (DNS).
197-11-980 Determination of significance and scoping notice (DS).
197-11-985 Notice of assumption of lead agency status.
197-11-990 Notice of action.
Part 15.500 Environmental Regulations Page 18 of 85
Chapter 15.515
CRITICAL AREA REGULATIONS – APPLICABILITY, EXEMPTIONS, AND EXCEPTIONS
Sections:
15.515.010 Applicability.
15.515.020 Exemptions.
15.515.030 Allowed activities.
15.515.040 Exception – Public agency and utility.
15.515.050 Exception – Reasonable use.
15.515.060 Critical area review requirements.
15.515.070 Preapplication meeting.
15.515.080 Public notice of initial determination.
15.515.090 Critical area report – Requirements.
15.515.100 Critical area report – Modifications to requirements.
15.515.110 Mitigation requirements.
15.515.120 Mitigation sequencing.
15.515.130 Mitigation plan requirements.
15.515.140 Innovative mitigation.
15.515.150 Determination.
15.515.160 Review criteria.
15.515.170 Report acceptance.
15.515.180 Report rejection.
15.515.190 Completion of the critical area review.
15.515.200 Appeals.
15.515.210 Variances.
15.515.215 Variances within frequently flooded areas.
15.515.220 Unauthorized critical area alterations and enforcement.
15.515.230 Critical area markers and signs.
15.515.240 Notice on title.
15.515.250 Critical area tracts.
15.515.260 Bonds to ensure mitigation, maintenance, and monitoring.
15.515.270 Critical area inspections.
15.515.280 Enforcement and penalties.
15.515.010 Applicability.
A.Unless exempted as provided herein, the provisions of MLUDC Chapters 15.515 through
15.545 shall apply to all lands, all land uses, clearing and development activity, and all
structures and facilities in the City located within a critical area or buffer or on a site
containing a critical area or buffer. No person, company, agency, or Applicant shall alter
a critical area or buffer except as consistent with the purposes and requirements of these
Chapters.
B.The provisions of MLUDC Chapters 15.515 through 15.545 shall apply whether or not a
permit or authorization is required.
C.The City shall not approve any permit or otherwise issue any authorization to alter the
condition of any land, water, or vegetation, or to construct or alter any structure or
Part 15.500 Environmental Regulations Page 19 of 85
improvement in, over, or on a critical area or associated buffer, without first ensuring
compliance with the requirements of MLUDC Chapters 15.515 through 15.545.
15.515.020 Exemptions.
A. Critical Area Review Application Required. A critical area review application shall be
submitted for all development in any identified critical area to determine exemption
applicability. Pursuant to FEMA regulations, exemption for the activities described in
subsections (D)(2), (D)(3) and (D)(4) of this section is not applicable to development
located within the floodplain.
B. Exemption Request and Review Process. An Applicant may submit a written request for
exemption to the Director that describes the activity and states the exemption listed in
this section that applies. The Director shall review the exemption request as a Type I
permit review process. If the exemption is approved, it shall be placed on file with the
Department and the Applicant may continue through the review process for any
underlying permit. If the exemption is denied, the Applicant may continue in the critical
area review process and shall be subject to the requirements of MLUDC Chapters 15.515
through 15.545.
C. Exempt Activities and Impacts to Critical Areas. All exempted activities shall use
reasonable methods to avoid potential impacts to critical areas. To be exempt from this
critical areas regulations does not give permission to degrade a critical area or ignore risk
from natural hazards. Any incidental damage to, or alteration of, a critical area that is not
a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced
at the responsible party’s sole expense.
D. Exempt Activities. The following developments, activities, and associated uses shall be
exempt from the provisions of MLUDC Chapters 15.515 through 15.545; provided, that
they are otherwise consistent with the provisions of other local, state, and federal laws
and requirements:
1. Emergencies. Those activities necessary to prevent an immediate threat to public
health, safety, or welfare, or which pose an immediate risk of damage to private
property and which require remedial or preventative action in a time frame too short
to allow for compliance with the MLUDC Chapters 15.515 through 15.545. Emergency
actions which create an impact to a critical area or its buffer shall use reasonable
methods to address the emergency; in addition, they must have the least possible
impact to the critical area or its buffer. The person or agency undertaking such action
shall notify the City within one business day following commencement of the
emergency activity. Within thirty (30) calendar days, the Director shall determine if
the action taken was within the scope of the emergency actions allowed in this
subsection. If the Director determines that the action taken, or any part of the action
taken, was beyond the scope of an allowed emergency action, then MLUDC
15.515.220 shall apply. After the emergency, the person or agency undertaking the
action shall apply to the City for review and fully fund and conduct necessary
restoration or mitigation for any impacts to the critical area and buffers resulting from
the emergency action in accordance with an approved critical area report and
mitigation plan. The restoration, mitigation, planning, and financial requirements set
Part 15.500 Environmental Regulations Page 20 of 85
forth in this subsection shall not apply to public safety or volunteer emergency
services providers who, in good faith, render emergency response services, and while
in the course and scope of such services determine it necessary to damage, destroy,
or alter a critical area or its buffer; provided further, this exception from responsibility
shall not extend to the landowner or to any persons other than such public safety or
volunteer emergency services providers.
2. Operation, Maintenance, or Repair. Operation, maintenance, or repair of existing
structures, infrastructure, utilities, public or private roads, dikes, ditches, reservoirs,
or other structures or facilities for irrigation purposes. Operation and maintenance
includes vegetation management performed in accordance with best management
practices that is part of ongoing maintenance of structures, infrastructure, or utilities;
provided, that such management actions are part of regular and ongoing
maintenance, do not expand further into the critical area, are not the result of an
expansion of the structure or utility, and do not directly impact an endangered or
threatened species. To qualify as an exemption, operation, maintenance, or repair
activities must meet the following criteria:
a. The activity does not require construction permits;
b. The activity does not further alter or increase the impact to, or encroach further
within, the critical area or buffer; and
c. There is no increased risk to life or property as a result of the proposed operation,
maintenance, or repair.
3. Passive Outdoor Activities. Recreation, education, and scientific research activities
that do not degrade the critical area, including fishing, hiking, and bird watching.
4. Flood Control. Operation, maintenance, and repair of ditches, reservoirs, and other
structures or facilities which were created or developed as part of normal flood
control activities, except that this exemption does not extend to the permanent
draining or permanent alteration of any regulated wetland.
5. Other Similar Activity. Such activity that the Director may determine is closely allied
or similar to any activity on the exemption list. If such an activity does not impact the
functions and values of any critical area or its buffers, it may also be determined to
be exempt.
15.515.030 Allowed Activities.
A. Allowed Activities. Certain activities as set forth below are allowed activities. The
Applicant for an allowed activity must submit a critical area review form. In making the
decision whether a proposed activity is an allowed activity for purposes of this Chapter,
the Director shall follow the permit review process set forth for a Type I permit.
B. Approval. Activities allowed under this Chapter shall have been reviewed and permitted
or approved by the City or other agency with jurisdiction, but do not require submittal of
a separate critical area report, unless such submittal was previously required for the
underlying permit. The Director may apply conditions to the underlying permit or
approval to ensure that the allowed activity is consistent with the provisions of this
Chapter to protect critical areas.
Part 15.500 Environmental Regulations Page 21 of 85
C. Required Use of Best Management Practices. All allowed activities shall be conducted
using the best management practices pursuant to the City’s Public Works Standards, that
result in the least amount of impact to the critical areas. Best management practices shall
be used for tree and vegetation protection, construction management, erosion and
sedimentation control, water quality protection, and regulation of chemical applications.
The City shall observe the use of best management practices to ensure that the activity
does not result in degradation to the critical area. Any incidental damage to, or alteration
of, a critical area shall be restored, rehabilitated, or replaced at the Applicant’s expense.
D. Allowed Activities. The following activities are allowed:
1. Permit Requests Subsequent to Previous Critical Area Review. Development permits
and approvals that involve both discretionary land use approvals (such as subdivisions
or conditional use permits), and construction approvals (such as building permits) if
all of the following conditions have been met:
a. The provisions of this Chapter have been previously addressed as part of another
approval;
b. There have been no material changes in the potential impact to the critical area
or buffer since the prior review;
c. There is no new information available that is applicable to any critical area review
of the site or particular critical area;
d. The permit or approval has not expired or, if no expiration date, no more than
five years has elapsed since the issuance of that permit or approval; and
e. Compliance with any standards or conditions placed upon the prior permit or
approval has been achieved or secured.
2. Modification to Existing Structures. Structural modification of, addition to, demolition
of, or replacement of an existing legally constructed structure that does not further
alter or increase the impact to the critical area or buffer and there is no increased risk
to life or property as a result of the proposed modification or replacement; provided,
that restoration of structures or demolition pursuant to an approved demolition
permit must be initiated within one year of the date of such damage, as evidenced by
the issuance of a valid building permit, and diligently pursued to completion. This
subsection does not apply to modifications to existing structures located within a
special flood hazard area. In such cases, the proposed modifications are subject to all
requirements of special flood hazard standards, including but not limited to the
requirements for substantial improvements.
3. Activities Within the Improved Right-of-Way. Replacement, modification, installation,
or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances,
not including substations, when such facilities are located within the improved
portion of the public right-of-way, except those activities that alter a wetland or
watercourse, such as culverts or bridges, or result in the transport of sediment or
increased stormwater; subject to the following:
a. Critical area and/or buffer widths shall be increased, where possible, equal to the
width of the right-of-way improvement, including disturbed areas; and
b. Retention and replanting of native vegetation shall occur wherever possible along
the right-of-way improvement and resulting disturbance.
Part 15.500 Environmental Regulations Page 22 of 85
4. Minor Utility Projects. Utility projects which have minor or short-duration impacts to
critical areas, as determined by the Director in accordance with the criteria below:
a. There is no practical alternative to the proposed activity with less impact on
critical areas;
b. The activity involves the placement of a utility pole, street signs, anchor, or vault
or other small component of a utility facility;
c. The activity does not significantly impact the function or values of a critical
area(s);
d. The activity or project is constructed with best management practices and
additional restoration measures are provided; and
e. The activity shall not result in the transport of sediment or increased stormwater.
5. Public and Private Pedestrian Trails. Public and private pedestrian trails subject to the
following:
a. The trail surface shall meet all other requirements including applicable standards
set forth in the City’s development standards;
b. Critical area and/or buffer widths shall be increased, where possible, equal to the
width of the trail corridor, including disturbed areas; and
c. Trails proposed to be located in landslide or erosion hazard areas shall be
constructed in a manner that does not increase the risk of landslide or erosion
and in accordance with an approved geotechnical report.
6. Select Vegetation Removal Activities. The following vegetation removal activities;
provided, that except for these activities no vegetation shall be removed from a
critical area or its buffer without approval from the Director:
a. The removal of invasive and noxious weeds and vegetation with hand labor and
light equipment.
b. The removal of trees that are hazardous, posing a threat to public safety, or
posing an imminent risk of damage to private property; provided, that:
i. The Applicant submits a report from a certified arborist, registered landscape
architect, or professional forester that documents the hazard and provides a
replanting schedule for the replacement trees
ii. Tree cutting shall be limited to pruning and crown thinning, unless otherwise
justified by a qualified professional. Where pruning or crown thinning is not
sufficient to address the hazard, trees should be removed or converted to
wildlife snags;
iii. All vegetation cut (tree stems, branches, etc.) shall be left within the critical
area or buffer unless removal is warranted due to the potential for disease,
or pest transmittal to other healthy vegetation, or safety and health hazards;
iv. The landowner shall replace any trees that are removed with new trees at a
ratio of two replacement trees for each tree removed (2:1) within one year
in accordance with an approved restoration plan. Replacement trees may be
planted at a different, nearby location if it can be determined that planting in
the same location would create a new hazard or potentially damage the
critical area. Replacement trees shall be species that are native and
Part 15.500 Environmental Regulations Page 23 of 85
indigenous to the site and a minimum of one inch in diameter-at-breast
height (dbh) for deciduous trees as measured from the top of the root ball;
v. Hazard trees determined to pose an imminent threat or danger to public
health or safety, to public or private property, or of serious environmental
degradation, may be removed or pruned by the landowner prior to receiving
written approval from the City; provided, that within fourteen (14) calendar
days following such action, the landowner shall submit a restoration plan that
demonstrates compliance with the provisions of MLUDC Chapters 15.515
through 15.545; and
vi. Unless otherwise provided, or as a necessary part of an approved alteration,
removal of any vegetation or woody debris from a habitat conservation area
or wetland shall be prohibited.
c. Vegetation Enhancement. Voluntary enhancement of a critical area or buffer by
planting vegetation that will improve the health and function of the critical area.
d. Chemical Applications. The application of herbicides, pesticides, organic or
mineral-derived fertilizers, or other hazardous substances, if necessary, as
approved by the City; provided, that their use shall be restricted in accordance
with Washington State Department of Fish and Wildlife Management
Recommendations and the regulations of the Washington State Department of
Agriculture, Washington State Department of Ecology, and the U.S.
Environmental Protection Agency.
e. Minor Site Investigative Work. Work necessary for land use submittals, such as
surveys, soil logs, percolation tests, archaeological shovel tests, and other related
activities, where such activities do not require construction of new roads or
significant amounts of excavation. In every case, impacts to the critical area shall
be minimized and disturbed areas shall be immediately restored.
f Navigational Aids and Boundary Markers. Construction or modification of
navigational aids and boundary markers.
15.515.040 Exception – Public Agency and Utility.
A. Applicability. If the application of MLUDC Chapters 15.515 through 15.545 would prohibit
a development proposal by a public agency or public utility, the agency or utility may
apply for an exception pursuant to this section.
B. Exception Request and Review Process. An application for a public agency and utility
exception shall be made to the City and shall include a critical area information form; and
if necessary a critical area report, including mitigation plan; and any other related project
documents, such as permit applications to other agencies, special studies, and
environmental documents prepared pursuant to the State Environmental Policy Act
(Chapter 43.21C RCW).
C. Public Agency and Utility Review Criteria. The criteria for review and approval of public
agency and utility exceptions are as follows:
1. There is no other practical alternative to the proposed development with less impact
on the critical areas;
Part 15.500 Environmental Regulations Page 24 of 85
2. The application of MLUDC Chapters 15.515 through 15.545 would unreasonably
restrict the ability to provide utility services to the public;
3. The proposal does not pose an unreasonable threat to the public health, safety, or
welfare on or off the development proposal site;
4. The proposal attempts to protect and mitigate impacts to the critical area functions
and values consistent with the best available science; and
5. The proposal is consistent with other applicable regulations and standards.
15.515.050 Exception – Reasonable Use.
A. Applicability. If the application of MLUDC Chapters 15.515 through 15.545 would deny all
reasonable economic use of the subject property, the City shall determine if
compensation is an appropriate action, or the property owner may apply for an exception
pursuant to this section. However, this section is not applicable to development in the
floodplain. The requirements and criteria for variances within frequently flooded areas
are applicable.
B. Exception Request and Review Process. An application for a reasonable use exception
shall be made to the City and shall include a critical area review form; and if necessary a
critical area report, including mitigation plan; and any other related project documents,
such as permit applications to other agencies, special studies, and environmental
documents prepared pursuant to the State Environmental Policy Act (Chapter 43.21C
RCW and WAC 197-11-158).
C. Reasonable Use Review Criteria. Criteria for review and approval of reasonable use
exceptions follow; one or more may apply:
1. The application of MLUDC Chapters 15.515 through 15.545would deny all reasonable
economic use of the property;
2. No other reasonable economic use of the property has less impact on the critical area;
3. The proposed impact to the critical area is the minimum necessary to allow for
reasonable economic use of the property;
4. The inability of the Applicant to derive reasonable economic use of the property is
not the result of actions by the Applicant after the effective date of the ordinance
codified in this Chapter, or its predecessor;
5. The proposal does not pose an unreasonable threat to the public health, safety, or
welfare on or off the development proposal site;
6. The proposal will result in no net loss of critical area functions and values consistent
with the best available science; and
7. The proposal is consistent with other applicable regulations and standards.
15.515.060 Critical Area Review Requirements.
A. Submittal. Prior to the City’s consideration of any proposed activity not found to be
exempt or allowed, the Applicant shall submit to the Department complete information
regarding the critical area on the application for the underlying development on forms
provided by the City.
B. Critical Area Review Process. As part of a critical area review, the City shall:
1. Verify the information submitted by the Applicant;
Part 15.500 Environmental Regulations Page 25 of 85
2. Conduct a site inspection to evaluate the project area and vicinity for critical areas as
determined necessary by the Director. The Director shall notify the property owner
of the inspection prior to the site visit. Reasonable access to the site shall be provided
by the property owner for the purpose of inspections during any proposal review,
restoration, emergency action, or monitoring period;
3. Determine whether the proposed project is likely to impact the functions or values of
critical areas;
4. Review other information available pertaining to the site and the proposal;
5. Determine if the proposed project adequately addresses the impacts and avoids
impacts to the critical area associated with the project; and
6. Make a determination on the critical area.
a. No Critical Areas Present. If after any required site visit the Director’s analysis
indicates that the project area is not within or adjacent to a critical area or buffer
and that the proposed activity is unlikely to degrade the functions or values of a
critical area, then the Director shall rule that the critical area review is complete
and note on the underlying application the reasons that no further review is
required. A summary of this information shall be included in any staff report or
decision on the underlying permit.
b. Critical Areas Present, but No Impact – Waiver. If the Director determines there
are critical areas within or adjacent to the project area, but that the best available
science shows that the proposed activity is unlikely to degrade the functions or
values of the critical area, the Director may waive the requirement for a critical
area report. A waiver may be granted if there is substantial evidence that all of
the following requirements will be met:
i. There will be no alteration of the critical area or buffer;
ii. The development proposal will not impact the critical area in a manner
contrary to the purpose, intent, and requirements of this Chapter; and
iii. The proposal is consistent with other applicable regulations and standards. A
summary of this analysis and the findings shall be included in any staff report
or decision on the underlying permit.
c. Critical areas may be affected by proposal. If the Director determines that a
critical area or areas may be affected by the proposal, then the Director shall
notify the Applicant that a critical area report must be submitted prior to further
review of the project and indicate each of the critical area types that should be
addressed in the report. The Director may use the following indicators to assist in
determining the need for a critical area report:
i. Indication of a critical area on the City critical areas maps that may be
impacted by the proposed activity;
ii. Information and scientific opinions from appropriate agencies, including but
not limited to the Washington State Departments of Fish and Wildlife, Natural
Resources, and Ecology;
iii. Documentation, from a scientific or other reasonable source, of the possible
presence of a critical area; or
Part 15.500 Environmental Regulations Page 26 of 85
vi. A finding by a qualified professional, or a reasonable belief by the Director,
that a critical area may exist on or adjacent to the site of the proposed
activity.
C. Effect of Director’s Determination. A determination regarding the apparent absence of
one or more critical areas by the Director is not an expert certification regarding the
presence of critical areas and the determination is subject to possible reconsideration and
reopening if new information is received. If the Applicant wants greater assurance of the
accuracy of the critical area review determination, the Applicant may choose to hire a
qualified professional to provide such assurances.
15.515.070 Preapplication Meeting. Any Applicant preparing to submit an application for development
or use of land that may be regulated by the provisions of MLUDC Chapters 15.515 through
15.545 shall comply with the preapplication process for the underlying permit. At this meeting
and as applicable, the Director shall discuss the requirements of MLUDC Chapters 15.515
through 15.545; provide critical area maps, scientific information, and other source materials;
outline the review process; and work with the Applicant to identify any potential concerns
that might arise during the review process, in addition to discussing other permit procedures
and requirements.
15.515.080 Public Notice of Initial Determination. The City shall notify the public of proposals in
accordance with the procedure set forth for the underlying permit type.
A. No Critical Area Report Necessary. If the Director determines that no critical area report
is necessary, the City shall state the reasons for this determination in the notice of
application issued by the City for the proposal.
B. Unlikely to Impact Critical Areas. If the Director determines that there are critical areas
on the site that the proposed project is unlikely to impact and the project meets the
requirements for and has been granted a waiver from the requirement to complete a
critical area report, a summary of the analysis and findings for this decision shall be stated
in the notice of application for the proposal.
C. Critical Areas May Be Effected. If the Director determines that critical areas may be
affected by the proposal and a critical area report is required, public notice of the
application shall include a description of the critical area that might be affected and state
that a critical area report(s) is required.
15.515.090 Critical Area Report – Requirements.
A. Preparation by Qualified Professional. The Applicant shall submit a critical area report
prepared by a qualified professional. Whether a person is a qualified professional is
determined by the person’s professional credentials ‘or certification, any advanced
degrees earned in the pertinent scientific discipline from a recognized university, the
number of years of experience in the pertinent scientific discipline, recognized leadership
in the discipline of interest, formal training in the specific area of expertise, and field ‘or
laboratory experience with evidence of the ability to produce peer-reviewed publications
or other professional literature. No one factor is determinative in deciding whether a
person is a qualified scientific expert. Where pertinent scientific information implicates
Part 15.500 Environmental Regulations Page 27 of 85
multiple scientific disciplines a team of scientific experts may be required representing
various disciplines to ensure the identification and inclusion of the best available science.
The qualifications of the professional who prepared the plan shall be included in the
report.
B. Incorporation of Best Available Science. The critical area report shall use scientifically
valid methods and studies in the analysis of critical area data and field reconnaissance
and reference the source of science used. The critical area report shall evaluate the
proposal and all probable impacts to critical areas in accordance with the provisions of
this Chapter.
C. Minimum Report Contents. At a minimum, the report shall contain the following:
1. The name and contact information of the Applicant, a description of the proposal,
and identification of the permit requested;
2. A copy of the site plan for the development proposal including:
a. A map to scale depicting critical areas, buffers, the development proposal, and
any areas to be cleared; and
b. A description of the proposed stormwater management plan for the
development and consideration of impacts to drainage alterations.
3. The dates, names, and qualifications of the persons preparing the report and
documentation of any fieldwork performed on the site;
4. Identification and characterization of all critical areas, water bodies, and buffers
adjacent to the proposed project area;
5. A statement specifying the accuracy of the report, and all assumptions made and
relied upon;
6. An assessment of the probable cumulative impacts to critical areas resulting from
development of the site and the proposed development;
7. A description of reasonable efforts made to apply mitigation sequencing pursuant to
MLUDC 15.515.120 to avoid, minimize, and mitigate impacts to critical areas;
8. Plans for adequate mitigation, as needed, to offset any impacts, in accordance with
MLUDC 15.515.130, including, but not limited to:
a. The impacts of any proposed development within or adjacent to a critical area or
buffer on the critical area; and
b. The impacts of any proposed alteration of a critical area or buffer on the
development proposal, other properties and the environment;
9. A discussion of the performance standards applicable to the critical area and
proposed activity;
10. Assessment of various site development alternatives.
11. Financial guarantees (for example, bond) to ensure compliance, as approved by the
City Attorney; and
12. Any additional information required for the critical area as specified in the
corresponding Chapter.
D. Use of Existing Reports and Studies. Unless otherwise provided, a critical area report may
be supplemented by or composed, in whole or in part, of any reports or studies required
by other laws and regulations or previously prepared for and applicable to the
development proposal site, as approved by the Director.
Part 15.500 Environmental Regulations Page 28 of 85
15.515.100 Critical Area Report – Modifications to Requirements.
A. Limitations to Study Area. The Director may limit the required geographic area of the
critical area report as appropriate if:
1. The Applicant, with assistance from the City, cannot obtain permission to access
properties adjacent to the project area; or
2. The proposed activity will affect only a limited part of the subject site.
B. Modifications to Required Contents. The Applicant may consult with the Director prior
to or during preparation of the critical area report to obtain City approval of modifications
to the required contents of the report where, in the judgment of a qualified professional,
more or less information is required to adequately address the potential critical area
impacts and required mitigation.
C. Additional Information Requirements. The Director may require additional information
to be included in the critical area report when determined to be necessary to the review
of the proposed activity in accordance with this Chapter. Additional information that may
be required, includes, but is not limited to:
1. Historical data, including original and subsequent mapping, aerial photographs, data
compilations and summaries, and available reports and records relating to the site or
past operations at the site;
2. Grading and drainage plans; and
3. Information specific to the type, location, and nature of the critical area.
15.515.110 Mitigation Requirements.
A.The Applicant shall avoid all impacts that degrade the functions and values of a critical
area or areas when possible. Unless otherwise provided in this Chapter, if alteration to
the critical area is unavoidable, all adverse impacts to or from critical areas and buffers
resulting from a development proposal or alteration shall be mitigated using the best
available science in accordance with an approved critical area report and SEPA
documents, so as to result in no net loss of critical area functions and values.
B.Mitigation shall be in-kind and on-site, when possible, and sufficient to maintain the
functions and values of the critical area, and to prevent risk from a hazard posed by a
critical area.
C.Mitigation shall not be implemented until after the Director’s approval of a critical area
report that includes a mitigation plan, and mitigation shall be in accordance with the
provisions of the approved critical area report.
15.515.120 Mitigation sequencing. Applicants shall demonstrate that all reasonable efforts have been
examined with the intent to avoid and minimize impacts to critical areas in the following
order. When an alteration to a critical area is proposed, such alteration shall be avoided,
minimized, or compensated for in the following sequential order of preference:
A.Avoiding the impact altogether by not taking a certain action or parts of an action;
B.Minimizing impacts by limiting the degree or magnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps, such as
project redesign, relocation, or timing, to avoid or reduce impacts;
Part 15.500 Environmental Regulations Page 29 of 85
C.Rectifying the impact to wetlands, frequently flooded areas, and habitat conservation
areas by repairing, rehabilitating, or restoring the affected environment to the conditions
existing at the time of the initiation of the project;
D.Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through
engineered or other methods;
E.Reducing or eliminating the impact or hazard over time by preservation and maintenance
operations during the life of the action;
F.Compensating for the impact to wetlands, frequently flooded areas, and habitat
conservation areas by replacing, enhancing, or providing substitute resources or
environments; and
G.Monitoring the hazard or other required mitigation and taking remedial action when
necessary. Mitigation for individual actions may include a combination of the above
measures.
15.515.130 Mitigation plan requirements. When mitigation is required, the Applicant shall submit for
approval by the City a mitigation plan as part of the critical area report. The mitigation plan
shall include:
A. Environmental Goals and Objectives. The mitigation plan shall include a written report
identifying environmental goals and objectives of the compensation proposed and
including:
1. A description of the anticipated impacts to the critical areas and the mitigating actions
proposed and the purposes of the compensation measures, including the site
selection criteria; identification of compensation goals; identification of resource
functions; and dates for beginning and completion of site compensation construction
activities. The goals and objectives shall be related to the functions and values of the
impacted critical area;
2. A review of the best available science supporting the proposed mitigation and a
description of the report author’s experience to date in restoring or creating the type
of critical area proposed; and
3. An analysis of the likelihood of success of the compensation project.
B. Performance Standards. The mitigation plan shall include measurable specific criteria for
evaluating whether or not the goals and objectives of the mitigation project have been
successfully attained and whether or not the requirements of this Chapter have been met.
C. Detailed Construction Plans. The mitigation plan shall include written specifications and
descriptions of the mitigation proposed, such as:
1. The proposed construction sequence, timing, and duration;
2. Grading and excavation details;
3. Erosion and sediment control features;
4. A planting plan specifying plant species, quantities, locations, size, spacing, and
density; and
5. Measures to protect and maintain plants until established.
These written specifications shall be accompanied by detailed site diagrams, scaled cross-
sectional drawings, topographic maps showing slope percentage and final grade
Part 15.500 Environmental Regulations Page 30 of 85
elevations, and any other drawings appropriate to show construction techniques or
anticipated final outcome.
D. Monitoring Program. The mitigation plan shall include a program for monitoring
construction of the compensation project and for assessing a completed project. A
protocol shall be included outlining the schedule for site monitoring (for example,
monitoring shall occur in years one, three, five, and seven after site construction), and
how the monitoring data will be evaluated to determine if the performance standards are
being met. A monitoring report shall be submitted as needed to document milestones,
successes, problems, and contingency actions of the compensation project. The
compensation project shall be monitored for a period necessary to establish that
performance standards have been met, but not for a period less than five years.
E. Contingency Plan. The mitigation plan shall include identification of potential courses of
action, and any corrective measures to be taken if monitoring or evaluation indicates
project performance standards are not being met.
F. Estimates of Cost. The mitigation plan shall include an estimate of the costs to implement
the required activities under the proposed plan to include both labor and materials. Any
required financial guarantees shall be posted in accordance with MLUDC 15.515.260 to
ensure mitigation, maintenance, and monitoring.
15.515.140 Innovative mitigation.
A.The City should encourage, facilitate, and approve innovative mitigation projects that are
based on the best available science. Advance mitigation and mitigation banking are
examples of alternative mitigation projects allowed under the provisions of this section
wherein one or more Applicants, or an organization with demonstrated capability, may
undertake a mitigation project together if it is demonstrated that all of the following
circumstances exist:
1. Creation or enhancement of a larger system of critical areas and open space is
preferable to the preservation of many individual habitat areas;
2. The Applicant(s) demonstrates the organizational and fiscal capability to act
cooperatively;
3. The Applicant(s) demonstrates that long-term management of the habitat area will
be provided; and
4. There is a clear potential for success of the proposed mitigation at the identified
mitigation site.
B.Conducting mitigation as part of a cooperative process does not reduce or eliminate the
required replacement ratios.
15.515.150 Determination. The Director shall make a determination as to whether the proposed activity
and mitigation, if any, is consistent with the provisions of this Chapter. The Director’s
determination shall be based on the review criteria set forth in MLUDC 15.515.160.
Part 15.500 Environmental Regulations Page 31 of 85
15.515.160 Review Criteria.
A. Review Criteria. Any alteration to a critical area, unless otherwise provided for in this
Chapter, shall be reviewed and approved, approved with conditions, or denied based on
the proposal’s ability to comply with all of the following criteria:
1. The proposal minimizes the impact on critical areas in accordance with the MLUDC
15.515.120.
2. The proposal does not pose an unreasonable threat to the public health, safety, or
welfare on or off the development proposal site;
3. The proposal is consistent with the general purposes of this Chapter and the public
interest;
4. Any alterations permitted to the critical area are mitigated in accordance with MLUDC
15.515.110;
5. The proposal protects the critical area functions and values consistent with the best
available science and results in no net loss of critical area functions and values; and
6. The proposal is consistent with other applicable regulations and standards.
B. Conditions. The City may condition the proposed activity as necessary to mitigate impacts
to critical areas and to conform to the standards required by this Chapter.
C. Buffer Widths Alteration. Standard buffer widths on legal lots or parcels recorded prior
to the effective date of the ordinance codified in this Chapter may be reduced by the
Director upon the receipt and consideration of a critical area report. In addition to the
requirements of such critical area report, the report shall include recommendations for
the buffer width and mitigation from the experienced, qualified professional who
produced the critical area report, provided the Applicant for a development permit or
other City approval demonstrates:
1. The lot was improved with a legally constructed structure prior to the effective date
of the ordinance codified in this Chapter. Current or continued occupancy is not
required to meet this standard.
2. The legally constructed structure is currently present on the lot or was removed
pursuant to a demolition permit approved by the City prior to the effective date of
the ordinance codified in this Chapter.
3. The existing buffer or critical area has been degraded by past legal land uses and is
currently in a degraded state.
4. The Applicant mitigates for the proposed buffer to result in no net loss of buffer
functions per best available science.
5. The Applicant provides in the critical areas report a discussion comparing the
functions provided by the existing buffer and the functions provided by the proposed
buffer with mitigation demonstrating no net loss of function.
6. The Applicant provides for the protection of the reestablished buffer and critical area
in perpetuity through one or more of the following measures:
a. Major and minor subdivisions, commercial, and multifamily residential
developments completed under this section shall dedicate all buffers and critical
areas as a critical area tract (held in an undivided interest by each owner of a
building lot within the development with the ownership interest passing with the
ownership of the lot, or held by an incorporated homeowners’ association or land
Part 15.500 Environmental Regulations Page 32 of 85
trust (which ensures the ownership, maintenance, and protection of the tract)
recorded prior to the issuance of an occupancy permit or other final City approval.
b. Subdivisions shall record a notice on the title of affected properties identifying
the presence and location of buffer widths and adjoining critical areas. Recording
the notice on title shall occur prior to occupancy permits or other final City
approvals.
D. Denial. Except as provided for by this Chapter, any project that cannot adequately
mitigate its impacts to critical areas in the sequencing order of preferences shall be
denied.
15.515.170 Report Acceptance. If the Director determines that the proposed activity meets the criteria
set forth in MLUDC 15.515.170, and complies with the applicable provisions of this Chapter,
the Director shall prepare a written notice of determination and identify any required
conditions of approval. The notice of determination and conditions of approval shall be
included in the project file and be considered in the next phase of the City’s review of the
proposed activity in accordance with any other applicable codes or regulations. Any
conditions of approval included in a notice of determination shall be attached to the
underlying permit or approval. Any subsequent changes to the conditions of approval shall
void the previous determination pending re-review of the proposal and conditions of approval
by the Director. A favorable determination should not be construed as endorsement or
approval of any underlying permit or approval.
15.515.180 Report Rejection. If the Director determines that a proposed activity does not adequately
mitigate its impacts on the critical areas or does not comply with the criteria in MLUDC
15.515.160, and the provisions of this Chapter, the Director shall prepare written notice of
the determination that includes findings of noncompliance. No proposed activity or permit
shall be approved or issued if it is determined that the proposed activity does not adequately
mitigate its impacts on the critical areas or does not comply with the provisions of this
Chapter. Following notice of determination that the proposed activity does not meet the
review criteria or does not comply with the applicable provisions of this Chapter, the Applicant
may request consideration of a revised critical area report. If the revision is found to be
substantial and relevant to the critical area review, the Director may reopen the critical area
review and make a new determination based on the revised report.
15.515.190 Completion of the Critical Area Review. The City’s determination regarding critical areas
pursuant to this Chapter shall be final concurrent with the final decision to approve, condition,
or deny the development proposal or other activity involved.
15.515.200 Appeals. Any decision to approve, condition, or deny a development proposal or other activity
based on the requirements of this Chapter may be appealed according to, and as part of, the
appeal procedure for the permit or approval involved.
15.515.210 Variances. Variances shall be processed in accordance with MLUDC 15.235.030.
Part 15.500 Environmental Regulations Page 33 of 85
15.515.215 Variances Within Frequently Flooded Areas.
A. Frequently Flooded Areas Variance. It is the duty of the City to help protect its citizens
from flooding. This need is so compelling and the implications of the cost of ensuring a
structure built below the base flood elevation are so serious that variances from the flood
elevation or from other requirements in MLUDC Chapters 15.515 through 15.545 are
quite rare. The long-term goal of preventing and reducing flood loss and damage can only
be met if variances are strictly limited. Therefore, the variance guidelines provided in this
Chapter are more detailed and contain multiple provisions that must be met before a
variance can be properly granted. The criteria are designed to screen out those situations
in which alternatives other than a variance are more appropriate.
A. Variance Procedure. Variances from the standards of MLUDC Chapters 15.515 through
15.545 for frequently flooded areas may be authorized by the City in accordance with the
procedures for a Type III permit. The hearing examiner shall review the request and make
a written finding that the request meets or fails to meet the variance criteria.
B. Requirements for Variances.
1. Variances shall only be issued:
a. Upon a determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of the public, or conflict with
existing local laws or ordinances;
b. Upon a determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief;
c. Upon a showing of good and sufficient cause;
d. Upon a determination that failure to grant the variance would result in
exceptional hardship to the Applicant;
e. Upon a showing that the use cannot perform its intended purpose unless it is
located or carried out in close proximity to water. This includes only facilities
defined as “functionally dependent use.”
2. Variances shall not be issued within any floodway if any increase in flood levels during
the base flood discharge would result.
3. Generally, variances may be issued for new construction and substantial
improvements to be erected on a lot of one-half acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the base flood
elevation (BFE), provided the procedures set forth in frequently flooded areas
standards have been fully considered. As the lot size increases beyond one-half acre,
the technical justification required for issuing the variance increases.
C. Variance Criteria. In considering variance applications, the City shall consider all technical
evaluations, all relevant factors, all standards specified in MLUDC Chapters 15.515
through 15.545, and:
1. The danger that materials may be swept onto other lands to the injury of others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the community;
Part 15.500 Environmental Regulations Page 34 of 85
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use, which are not subject to
flooding or erosion damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain
management program for that area;
9. The safety of access to the property in time of flood for ordinary and emergency
vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site; and
11. The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities, such as sewer, gas,
electrical, water system, and streets and bridges.
D. Additional Requirements for the Issuance of a Variance.
1. Any Applicant to whom a variance is granted shall be given written notice over the
signature of the Director that:
a. The issuance of a variance to construct a structure below the BFE will result in
increased premium rates for flood insurance for insurance coverage, and
b. Such construction below the BFE increases risks to life and property.
2. The Director shall maintain a record of all variance actions, including justification for
their issuance.
3. The Director shall condition the variance as needed to ensure that the requirements
and criteria of this Chapter are met.
4. Variances as interpreted in the National Flood Insurance Program are based on the
general zoning law principle that they pertain to a physical piece of property; they are
not personal in nature and do not pertain to the structure, its inhabitants, economic
or financial circumstances. They primarily address small lots in densely populated
residential neighborhoods. As such, variances from flood elevations should be quite
rare.
E. Time Limit. The City shall prescribe a time limit within which the action for which the
variance is required shall be commenced, completed, or both. Failure to begin or
complete such action within the established time limit shall terminate the variance.
F. Burden of Proof. The burden of proof shall be on the Applicant to bring forth evidence in
support of the variance application and upon which any decision has to be made on the
application.
15.515.220 Unauthorized Critical Area Alterations and Enforcement.
A. Stop Work. When a critical area or its buffer has been altered in violation of MLUDC
Chapters 15.515 through 15.545, all ongoing development work shall stop and the critical
area shall be restored. The City shall have the authority to issue a stop work order to cease
all ongoing development work, and order restoration, rehabilitation, or replacement
measures at the owner’s or other responsible party’s expense to compensate for violation
of provisions of this Chapter.
Part 15.500 Environmental Regulations Page 35 of 85
B. Requirement for Restoration Plan. All development work shall remain stopped until a
restoration plan is prepared. The plan is subject to approval by the City. Such a plan shall
be prepared by a qualified professional using the best available science and shall describe
how the actions proposed meet the minimum requirements described in subsection (C)
of this section. The Director shall, at the violator’s expense, seek expert advice in
determining the adequacy of the plan. Inadequate plans shall be returned to the Applicant
or violator for revision and resubmittal.
C. Minimum Performance Standards for Restoration.
1. For alterations to frequently flooded areas, wetlands, and habitat conservation areas,
the following minimum performance standards shall be met for the restoration of a
critical area; provided, that if the violator can demonstrate that greater functional
and habitat values can be obtained, these standards may be modified:
a. The structural and functional values that existed prior to the unauthorized
alteration shall be restored, including water quality and habitat functions;
b. The soil types and configuration that existed prior to the unauthorized alteration
shall be replicated;
c. The disturbed critical area and buffers shall be replanted with vegetation in
species types, sizes, and densities chosen from an approved restoration plant list.
The functions and values that existed prior to the unauthorized alteration should
be replicated at the location of the alteration; and
d. Information demonstrating compliance with the requirements in MLUDC
15.515.130, shall be submitted to the Director.
2. For alterations to flood and geological hazards, the following minimum performance
standards shall be met for the restoration of a critical area; provided, that if the
violator can demonstrate that greater safety can be obtained, these standards may
be modified:
a. The hazard shall be reduced to a level equal to, or less than, the pre-development
hazard;
b. Any risk of personal injury resulting from the alteration shall be eliminated or
minimized; and
c. The hazard area and buffers shall be replanted with native vegetation sufficient
to minimize the hazard.
15.515.230 Critical Area Markers and Signs.
A. Markers. The boundary at the outer edge of critical area tracts, associated buffers and
easements shall be delineated with permanent survey stakes, using iron or concrete
markers as established by local survey standards.
B. Modifications. These provisions may be modified by the Director as necessary to ensure
protection of sensitive features or wildlife needs.
15.515.240 Notice on Title.
A. Notice. In order to inform subsequent purchasers of real property of the existence of
critical areas, the Applicant of any property containing a critical area or buffer on which a
development proposal is submitted shall record a notice with the county auditor. The
Part 15.500 Environmental Regulations Page 36 of 85
notice shall state the presence of the critical area or buffer on the property, the
application of MLUDC Chapters 15.515 through 15.545 to the property, and the fact that
limitations on actions in or affecting the critical area or buffer may exist. The notice shall
“run with the land.”
B. Proof of Notice. The Applicant shall submit proof that the notice has been filed for public
record before the City approves any site development or construction for the property
or, in the case of subdivisions, short subdivisions, planned unit developments, and binding
site plans, at or before recording.
15.515.250 Critical Area Tracts.
A. Critical Area Tracts. Critical area tracts shall be used in development proposals for
subdivisions, short subdivisions, and binding site plans to delineate and protect those
contiguous critical areas and buffers:
1. All landslide hazard areas and buffers;
2. All wetlands and buffers;
3. All habitat conservation areas; and
4. All other lands to be protected from alterations as conditioned by project approval.
B. Recording. Critical area tracts shall be recorded on all documents of title of record for all
affected lots.
C. Plat or Recorded Drawing. Critical area tracts shall be designated on the face of the plat
or recorded drawing in a format approved by the City Attorney. The designation shall
include the following restriction:
1. An assurance that native vegetation will be preserved for the purpose of preventing
harm to property and the environment, including, but not limited to, controlling
surface water runoff and erosion, maintaining slope stability, buffering, and
protecting plants, fish, and animal habitat; and
2. The right of the City to enforce the terms of the restriction.
D. Dedication. The City may require that any required critical area tract be dedicated to the
City, held in an undivided interest by each owner of a building lot within the development
with the ownership interest passing with the ownership of the lot, or held by an
incorporated homeowners’ association or land trust (which ensures the ownership,
maintenance, and protection of the tract).
15.515.260 Bonds to Ensure Mitigation, Maintenance, and Monitoring.
A.When mitigation required pursuant to a development proposal is not completed prior to
the final permit approval, such as final plat approval or final building inspection, the City
shall require the Applicant to post a performance bond or other security in a form and
amount deemed acceptable by the City. If the development proposal is subject to
mitigation, the Applicant shall post a mitigation bond or other security in a form and
amount deemed acceptable by the City to ensure mitigation is fully functional.
B.The bond shall be in the amount of one hundred twenty-five percent (125%) of the
estimated cost of the uncompleted actions or the estimated cost of restoring the
functions and values of the critical area that are at risk, whichever is greater.
Part 15.500 Environmental Regulations Page 37 of 85
C.The bond shall be in the form of a surety bond, performance bond, assignment of savings
account, or an irrevocable letter of credit guaranteed by an acceptable financial
institution, with terms and conditions acceptable to the City Attorney and with a company
authorized to do business in the state of Washington.
D.Bonds or other security authorized by this section shall remain in effect until the City
determines, in writing, that the standards bonded for have been met. Bonds or other
security shall be held by the City for a minimum of five years to ensure that the required
mitigation has been fully implemented and demonstrated to function, and may be held
for longer periods when necessary.
E.Depletion, failure, or collection of bond funds shall not discharge the obligation of an
Applicant or violator to complete required mitigation, maintenance, monitoring, or
restoration.
F.Public development proposals shall be relieved from having to comply with the bonding
requirements of this section if public funds have previously been committed for
mitigation, maintenance, monitoring, or restoration.
G.Any failure to satisfy critical area requirements established by law or condition including,
but not limited to, the failure to provide a monitoring report within thirty (30) calendar
days after it is due or comply with other provisions of an approved mitigation plan shall
constitute a default, and the City may demand payment of any financial guarantees or
require other action authorized by the municipal code or any other law.
H.Any funds recovered pursuant to this section shall be used to complete the required
mitigation and reimburse the City for its costs relating to the enforcement action.
15.515.270 Critical Area Inspections. Reasonable access to the site shall be provided to the City, state,
and federal agency review staff for the purpose of inspections during any proposal review,
restoration, emergency action, or monitoring period.
15.515.280 Enforcement and Penalties.
A. Rights of Entry.
1. For Permitting or Inspection of Work Conducted under Permit. Whenever a person
applies for a permit or approval under any section of MLUDC Chapters 15.515 through
15.545, the Director shall have a limited right of entry to conduct studies necessary
to determine whether to approve the proposal or to inspect work being conducted
under the permit or approval. The property owner’s failure to grant permission for
the Director to enter the property shall be grounds for denial of the permit or issuance
of a stop work order.
2. To Investigate Violations and Corrections. The Director is authorized to enter upon
property to determine whether the provisions of this Chapter are being obeyed and
to make any examinations, surveys, and studies as may be necessary in the
performance of his or her duties. The Director shall obtain the property owner’s
permission prior to entry. If the property owner declines to give permission or cannot
be located, the Director shall enter upon the property only in a manner consistent
with the constitutions and laws of the United States and the State of Washington. If
so required by the constitutions and laws of the United States and the State of
Part 15.500 Environmental Regulations Page 38 of 85
Washington, the Director shall apply to a court of competent jurisdiction for an order
authorizing access to such property for such purpose.
B. Stop Work Orders.
1. Whenever any work or development is being done or use is being conducted contrary
to the provisions of MLUDC Chapters 15.515 through 15.545, the Director may issue
a stop work order requiring that all work on the project be stopped or that the use be
discontinued.
2. Issuance of a stop work order shall not bar the imposition of a civil or criminal penalty
under this Chapter or the use of any other provision of MLUDC Chapters 15.515
through 15.545.
3. It is unlawful for any person with actual or constructive knowledge of the issuance of
a stop work order pursuant to this Chapter to do work or an activity prohibited by the
order until the Director has removed or lifted the order and issued written
authorization for the work or activity to be continued.
4. Any person issued a stop work order who believes the issuance of such order was the
result of a mistaken determination may appeal its issuance at an informal hearing
before the Director or designee. To be timely, such appeal shall be filed in writing at
the Department within five (5) business days of the date of issuance of the stop work
order. The hearing will be conducted within three (3) business days of the Director’s
receipt of the written appeal, unless the appellant requests additional time not to
exceed ten (10) business days following receipt of the appeal. At the hearing, the
Appellant will be provided:
A. An explanation of, and opportunity to ask questions about, the reasons for and
evidence supporting issuance of the stop work order;
b. An opportunity to give any statements, reasons or documentation, personally or
through others, explaining why the order was wrongfully or mistakenly issued;
c. An opportunity to identify any mitigating circumstances the Appellant believes
would justify withdrawal of the order; and
d. The right to have legal counsel present. The Director shall issue a written decision
within five (5) business days following the conclusion of the hearing.
C. Remedies Not Exclusive – Nuisance.
1. The remedies prescribed in this Chapter are in addition to all other remedies provided
or authorized by law. The enforcement official or his or her designee may enforce the
provisions of this title through any enforcement provisions herein, in Chapters 1.20
and 8.14 MLMC or any other applicable provision of the City of Moses Lake City Code
or state law.
2. Any development carried out contrary to the provisions of this Chapter shall
constitute a public nuisance and may be abated as provided by the municipal code or
by the statutes of the State of Washington.
Part 15.500 Environmental Regulations Page 39 of 85
Chapter 15.520
CRITICAL AREA REGULATIONS – GENERAL PROVISIONS
Sections:
15.520.010 Purpose.
15.520.020 Authority.
15.520.030 Relationship to Other Regulations.
15.520.040 Administrative Procedures.
15.520.050 Fees.
15.520.060 Severability.
15.520.070 Interpretation.
15.520.080 Jurisdiction – Critical Areas.
15.520.090 Protection of Critical Areas.
15.520.100 Best available Science.
15.520.020 Authority.
A.As provided herein, the Director is given the authority to interpret and apply, and the
responsibility to enforce, this Chapter to accomplish the stated purpose.
B.The City may withhold, condition, or deny development permits or activity approvals to
ensure that the proposed action is consistent with this Chapter.
15.520.030 Relationship to Other Regulations.
A.These critical areas regulations shall apply as an overlay and in addition to zoning and
other regulations adopted by the City.
B.Any individual critical area adjoined by another type of critical area shall have the buffer
and meet the requirements that provide the most protection to the critical areas
involved. When any provision of this Chapter or any existing regulation, easement,
covenant, or deed restriction conflicts with this Chapter, that which provides more
protection to the critical areas shall apply.
C.Where applicable, these critical areas regulations shall apply concurrently with review
conducted under the State Environmental Policy Act (SEPA), as locally adopted. Any
conditions required pursuant to this Chapter shall be included in the SEPA review and
threshold determination.
D.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, apart from the
process established in this Chapter.
15.520.050 Fees.
A.The City Council shall establish fees for filing of a critical area information form, critical
area review processing, and other services provided by the City as required by this
Chapter. These fees shall be based on the anticipated sum of direct costs incurred by the
Part 15.500 Environmental Regulations Page 40 of 85
City for any individual development or action and may be established as a sliding scale
that will recover all of the City costs including the enforcement of these code provisions.
The bases for these fees shall include, but not be limited to, the cost of engineering and
planning review time, cost of inspection time, costs for administration, and any other
special costs attributable to the critical area review process.
B.Unless otherwise indicated in this Chapter, the Applicant shall be responsible for the
initiation, preparation, submission, and expense of all required reports, assessment(s),
studies, plans, reconnaissance(s), peer review(s) by qualified professionals, and other
work prepared in support of or necessary to review the application.
15.520.060 Severability. If any clause, sentence, paragraph, section, or part of this Chapter or the
application thereof to any person or circumstances shall be judged by any court of competent
jurisdiction to be invalid, such order or judgment shall be confined in its operation to the
controversy in which it was rendered. The decision shall not affect or invalidate the remainder
of any part thereof and to this end the provisions of each clause, sentence, paragraph, section,
or part of this Chapter are hereby declared to be severable.
15.520.070 Interpretation. In the interpretation and application of this Chapter, the provisions of this
Chapter shall be considered the minimum requirements necessary, shall be liberally
construed to serve the purpose of this Chapter, and shall be deemed to neither limit nor
repeal any other provisions under state statute.
15.520.080 Jurisdiction – Critical areas.
A.The City shall regulate all uses, activities, and developments within, adjacent to, or likely
to affect, one or more critical areas, consistent with the best available science and the
provisions herein.
B.Critical areas regulated by MLUDC Chapters 15.515 through 15.545 include:
1. Wetlands;
2. Frequently flooded areas;
3. Critical aquifer recharge areas;
4. Geologically hazardous areas; and
5. Fish and wildlife habitat conservation areas.
C.All areas within the City meeting the definition of one or more critical areas, regardless of
any formal identification, are hereby designated critical areas and are subject to the
provisions of MLUDC Chapters 15.515 through 15.545.
15.520.090 Protection of Critical Areas.
A.Any action taken pursuant to MLUDC Chapters 15.515 through 15.545 shall result in at
least equivalent functions and values of the critical areas associated with the proposed
action, as determined by the best available science. All actions and developments shall
be designed and constructed in accordance with MLUDC 15.515.120. Applicants must first
demonstrate an inability to avoid impacts before restoration and compensation of
impacts will be allowed. No activity or use shall be allowed that results in a net loss of the
functions or values of critical areas.
Part 15.500 Environmental Regulations Page 41 of 85
B.MLUDC Chapters 15.515 through 15.545 shall be interpreted to ensure, among other
things, that no harm shall occur in critical areas as a result of activities and developments,
but it shall not require enhancement of critical areas where such critical areas were
degraded prior to the proposed land use activity or development, or where previously
existing critical areas no longer exist.
15.520.100 Best Available Science.
A. Protect Functions and Values of Critical Areas with Special Consideration to
Anadromous Fish. Critical area reports and decisions to alter critical areas shall rely on
the best available science to protect the functions and values of critical areas and must
give special consideration to conservation or protection measures necessary to preserve
or enhance anadromous fish, such as salmon and bull trout, and their habitat.
B. Best Available Science to Be Consistent with Criteria in WACs. The best available science
is that scientific information applicable to the critical area prepared by local, state, or
federal natural resource agencies, a qualified scientific professional, or team of qualified
scientific professionals, that is consistent with criteria established in WAC 365-195-900
through 365-195-925.
Part 15.500 Environmental Regulations Page 42 of 85
Chapter 15.525
CRITICAL AREA REGULATIONS – WETLANDS
Sections:
15.525.010 Identification and Rating of Wetlands.
15.525.020 Critical Area Report – Additional Requirements for Wetlands.
15.525.030 Performance Standards – General Requirements.
15.525.040 Performance Standards – Compensatory Mitigation requirements.
15.525.010 Identification and Rating of Wetlands
A. Definition. Wetlands are those areas, designated in accordance with the approved
federal wetland delineation manual and applicable regional supplements, that are
inundated or saturated by surface or ground water at a frequency and duration sufficient
to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands
intentionally created (but not as mitigation for impacts to wetlands) from nonwetland
sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales,
canals, detention facilities, wastewater treatment facilities, farm ponds and landscape
amenities or those wetlands created after July 1990 that were unintentionally created as
a result of the construction of a road, street, or highway. Wetlands shall include those
artificial wetlands intentionally created from nonwetland areas to mitigate conversion of
wetlands.
B. Identification and Delineation. Identification of wetlands and delineation of their
boundaries pursuant to this Chapter shall be done in accordance with the approved
federal wetland delineation manual and applicable regional supplements. All areas within
the City meeting the wetland designation criteria in that procedure are hereby designated
critical areas and are subject to the provisions of this Chapter.
C. Wetland Ratings. Wetlands shall be rated according to the Washington State Department
of Ecology wetland rating system found in the Washington State Wetland Rating System
for Eastern Washington (Publication No. 14-06-030, Hruby, T., 2014, or as may be
subsequently revised by Ecology). These documents contain the definitions and methods
for determining if the criteria below are met.
1. Wetland Rating Categories.
a. Category I. Category I wetlands are those that represent a unique or rare wetland
type, are more sensitive to disturbance than most wetlands, are relatively
undisturbed and contain ecological attributes that are impossible or too difficult
to replace within a human lifetime, and provide a high level of functions.
(Examples of Category I: Alkali wetlands; Wetlands of high conservation value
that are identified by scientist of the Washington Natural Heritage program/DNR;
Bogs and calcareous fens; Mature and old growth forested wetlands over a
quarter of an acre with slow growing trees; Forested wetlands with stands of
aspen; Wetlands scoring between 22 and 27 points in the Eastern Washington
Wetland Rating System).
Part 15.500 Environmental Regulations Page 43 of 85
b. Category II. Category II wetlands are difficult, though not impossible, to replace,
and provide high levels of some functions. These wetlands occur more commonly
than Category I wetlands, but still need a relatively high level of protection
(Example s of Category II wetlands include: Forested wetlands in the floodplains
of rivers; Mature and old growth forested wetlands over a quarter of an acre with
native fast-growing trees; Vernal pools; or Wetlands scoring between 19 and 21
points in the Eastern Washington Wetland Rating System).
c. Category III. Category III wetlands have a moderate level of functions (scores
between 16 and 18 points). These wetlands can often adequately be replaced
with a well-planned mitigation project. Wetlands scoring between 16 to 18 points
generally have been disturbed in some way and are often less diverse and more
isolated from other natural resources in the landscape than Category II wetlands.
d. Category IV. Category IV wetlands have the lowest levels of functions, scoring less
than 16 points in the Eastern Washington Rating System, and are often heavily
disturbed. These are wetlands that should be able to be replaced and in some
cases improved. These wetlands may provide some important functions, and also
need to be protected.
2. Date of Wetland Rating. Wetland rating categories shall be applied as the wetland
exists on the date of adoption of the rating system by the City, as the wetland
naturally changes thereafter, or as the wetland changes in accordance with permitted
activities. Wetland rating categories shall not change due to illegal modifications.
D. Mapping. The National Wetland Inventory provides the approximate location and extent
of potential wetlands as shown in the City’s geographic system data. Other maps may also
be used as they are developed and subsequently adopted by the City. Soil maps produced
by U.S. Department of Agriculture National Resources Conservation Service may be useful
in helping to identify potential wetland areas. These maps are to be used as a guide for
the City, Applicants, or property owners, and may be continuously updated as new critical
areas are identified. They are a reference and do not provide a final critical area
designation.
E. Identification of Boundaries. The exact location of a wetland shall be determined through
site visits and identified wetlands shall have their boundaries delineated for regulation
consistent with the requirements of this section.
15.525.020 Critical Area Report – Additional Requirements for Wetlands.
A.Except when located within the Shoreline Jurisdiction, all critical areas located within 300
feet of the project area that have been designated by the City and are shown on City,
state, or federal government agency maps or reports shall be addressed in a critical area
report for wetlands. Wetlands within the Shoreline Jurisdiction that are located within
the first 10 feet of the Ordinary High Water Mark shall meet the Shoreline Master
Program standards, and are exempt from this Chapter.
B. Wetland Analysis. A written assessment of the wetland, the appropriate wetland type,
and required buffer under the provisions of this Chapter.
C. Critical Area Report Information. The Director may require additional information to be
included in the critical area report when determined to be necessary for the review of the
Part 15.500 Environmental Regulations Page 44 of 85
proposed activity. Additional information for wetlands that may be required includes, but
is not limited to, the following:
1. Vegetative, faunal, and hydrologic characteristics;
2. Soil and substrate characteristics;
3. Topographic elevations;
4. A discussion of water sources supplying the wetland and documentation of the
hydrologic regime. Such discussion shall include an analysis of existing and future
hydrologic regimes and proposed hydrologic regime for enhanced, created, or
restored mitigation areas, if provided for in the project.
15.525.030 Performance Standards – General Requirements.
A. Permitted Activities. Activities may only be permitted in a wetland or wetland buffer if
the Applicant can show that the proposed activity will not degrade the functions and
functional performance of the wetland and other critical areas.
B. Prohibited Activities. Activities and uses shall be prohibited in wetlands and wetland
buffers, except as provided for in this Chapter.
C. Category I Wetlands. Activities and uses shall be prohibited from Category I, except as
provided for in the public agency and utility exception, reasonable use exception, and
variance sections of this Chapter.
D. Category II, III, and IV Wetlands. Activities and uses that result in unavoidable and
necessary impacts may be permitted in Category II, III, and IV wetlands and associated
buffers in accordance with an approved critical area report and mitigation plan, but only
if the proposed activity is the only reasonable alternative that will accomplish the
Applicant’s objectives. Full compensation for the acreage and loss functions will be
provided under the terms established under MLUDC 15.515.040(F) and (G).
E. Wetland Buffers. The following buffer widths have been established in accordance with
the best available science. They are based on the category of wetland and habitat score
as determined by a qualified wetland professional using the Washington State Wetland
Rating System for Eastern Washington: 2014 Update (Ecology Publication No. 14-06-030,
Hruby, T., or as may subsequently be revised by Ecology). The adjacent land use intensity
is assumed to be high or moderate, see Table Wetland Buffer Requirements.
1. The buffer widths in Table Wetland Buffer Requirements assume that the buffer is
vegetated with a native plant community appropriate for the ecoregion. If the existing
buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do
not perform needed functions, the buffer should either be planted to create the
appropriate plant community or the buffer should be widened to ensure that
adequate functions of the buffer are provided.
2. Measurement of Wetland Buffers. All buffers shall be measured from the wetland
boundary as surveyed in the field. The width of the wetland buffer shall be
determined according to the wetland category. The buffer for a wetland created,
restored, or enhanced as compensation for approved wetland alterations shall be the
same as the buffer required for the category of the created, restored, or enhanced
wetland. Only fully vegetated buffers will be considered. Lawns, walkways, driveways,
and other mowed or paved areas will not be considered buffers.
Part 15.500 Environmental Regulations Page 45 of 85
3. Increased Wetland Buffer Widths. In those situations in which a SEPA checklist
discloses that the above buffer widths may not be sufficient to mitigate the significant
adverse environmental impacts of the proposal on the wetland, the Director may
invoke the procedures in WAC 197-11-158. The Director may require increased buffer
widths in accordance with the recommendations of the experienced, qualified
professional wetland scientist who produced the required critical areas report and
best available science on a case-by-case basis when a larger buffer is necessary to
protect wetland functions and values based on site-specific characteristics. The
increased buffer width shall not exceed a maximum of one hundred percent (100%)
increase over the buffer width that would otherwise be required by this subsection.
This determination shall be based on one or more of the following criteria:
a. A larger buffer is needed to protect other critical areas;
b. The buffer or adjacent uplands have a slope greater than fifteen percent (15%) or
is susceptible to erosion and standard erosion-control measures will not prevent
adverse impacts to the wetland;
c. The buffer area has minimal vegetative cover. In lieu of increasing the buffer
width where existing buffer vegetation is inadequate to protect the wetland
functions and values, implementation of a buffer planting plan may substitute.
Where a buffer planting plan is proposed, it shall include densities that are not
less than three feet on center for shrubs and eight feet on center for trees and
require monitoring and maintenance to ensure success. Existing buffer
vegetation is considered inadequate and will need to be enhanced through
additional native plantings and (if appropriate) removal of nonnative plants
when:
i. Nonnative or invasive plant species provide the dominant cover,
ii. Vegetation is lacking due to disturbance and wetland resources could be
adversely affected, or
iii. Enhancement plantings in the buffer could significantly improve buffer
functions;
d. The standard buffer is less than that which is necessary to protect documented
endangered, threatened, or sensitive wildlife species which have a primary
association with the wetland;
e. The wetland contains plants listed as sensitive, threatened, or endangered;
f. The proposed development density is greater than two or more residential units
per acre and abuts a Category I or II wetland with high habitat value of 19 to 27
points obtained in the wetland critical areas report; or
g. The wetland is associated with a stream segment on the 303(d) list for pollutants,
or has a total daily maximum load for sediment or temperature and the proposal
includes removal of trees and shrubs or untreated stormwater runoff.
5. Wetland Buffer Width Averaging. The Director may allow modification of the standard
wetland buffer width in accordance with an approved critical area report and the best
available science on a case-by-case basis by averaging buffer widths. Averaging of
buffer widths may only be allowed where a qualified professional wetland scientist
demonstrates that:
Part 15.500 Environmental Regulations Page 46 of 85
a. It will not reduce wetland functions or functional performance;
b. The wetland contains variations in sensitivity due to existing physical
characteristics or the character of the buffer varies in slope, soils, or vegetation,
and the wetland would benefit from a wider buffer in places and would not be
adversely impacted by a narrower buffer in other places;
c. The total area contained in the buffer area after averaging is no less than that
which would be contained within the standard buffer; and
d. The buffer width is not reduced to less than 50 percent of the standard width.
Part 15.500 Environmental Regulations Page 47 of 85
6. Interrupted Buffer.
a. Where a legally established, preexisting use of the buffer exists, those proposed
activities that are within the wetland or stream buffer, but are separated from
the critical area by an existing permanent substantial improvement, which serves
to eliminate or greatly reduce the impact of the proposed activity upon the critical
area, are exempt; provided, that the detrimental impact to the critical area does
not increase. However, if the impacts do increase, the City shall determine if
additional buffer may be required along the impact area of the interruption.
Substantial improvements may include developed public infrastructure such as
roads and railroads. Substantial improvements may not include paved trails,
sidewalks, or parking areas. An allowance for activity in an interrupted buffer may
require a critical areas report for the type of critical areas buffer that is affected.
In determining whether a critical areas report is necessary, the City shall consider
the hydrologic, geologic, or biological habitat connection potential and the extent
and permanence of the interruption.
b. Where a legally established, preexisting structure or use is located within a
regulated wetland or stream buffer and where the regulated buffer is fully paved
and does not conform to the interrupted buffer provision above, the buffer will
end at the edge of the pavement, adjacent to the wetland or stream.
7. Buffer Consistency. All mitigation sites shall have buffers consistent with the buffer
requirements of this Chapter.
8. Buffer Maintenance. Except as otherwise specified or allowed in accordance with this
Chapter, wetland buffers and buffers of mitigation sites shall be retained in an
undisturbed condition, or shall be maintained as enhanced pursuant to any required
permit or approval. Removal of invasive nonnative weeds is required for the duration
of the mitigation bond.
9. Buffer Uses. The following uses may be permitted within a wetland buffer in
accordance with the review procedures of this Chapter, provided they are not
prohibited by any other applicable law and they are conducted in a manner so as to
minimize impacts to the buffer and adjacent wetland:
a. Conservation and Restoration Activities. Conservation or restoration activities
aimed at protecting the soil, water, vegetation, or wildlife.
b. Passive Recreation. Passive recreation facilities designed in accordance with an
approved critical area report, including:
i. Walkways and trails; provided, that those pathways which are generally
parallel to the perimeter of the wetland shall be located in the outer 25
percent of the buffer area, and constructed with a surface that does not
interfere with the permeability. Raised boardwalks utilizing nontreated
pilings area may be acceptable;
ii. Wildlife viewing structures; and
iii. Fishing access areas down to the water’s edge that shall be no larger than six
feet.
Part 15.500 Environmental Regulations Page 48 of 85
c. Stormwater Management Facilities. Stormwater management facilities, limited
to stormwater dispersion outfalls and bioswales, may be allowed within the outer
25 percent of the buffer of Category III or IV wetlands only; provided, that:
i. No other location is feasible; and
ii. The location of such facilities will not degrade the functions or values of the
wetland. Stormwater management facilities are not allowed in buffers of
Category I or II wetlands.
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: Shoreline
Residential, Shoreline
Residential – Resource Area,
& High Intensity
25’Add 10’Add 50’Add 75’
Category III: Shoreline
Residential – Special Resource
Area, High Intensity –
Resource Area, Water-
Oriented Parks and Public
Facilities, & Natural
60’Add 15’Add 45’Add 75’
Notes:
1. Additional buffer widths are added to the standard buffer widths. For example, a Category I
wetland scoring 32 points for habitat function would require a buffer of 150' (75 + 75).
2. The standard buffers have been reduced by 25%, contingent on implementation of the mitigation
measures in the table titled Performance Standards – Required Measures to Minimize Impacts to
Wetlands. If an Applicant chooses not to apply the mitigation measures in that table, then the
width of the buffer must be increased to the original width by dividing by 75%. For example, a 75'
buffer with the mitigation measures would be a 100' buffer without them, and a 25' buffer with the
mitigation measures would be a 33.3' buffer without them.
Performance Standards – Required Measures to Minimize Impacts to Wetlands
Disturbance Required measures to minimize impacts
Lights • Lighting shall be minimally invasive to wetland areas
Noise • Locate activity that generates noise away from wetland
Part 15.500 Environmental Regulations Page 49 of 85
• If warranted, enhance existing buffer with native vegetation plantings
adjacent to noise source
• For activities that generate relatively continuous, potentially disruptive
noise, such as certain heavy industry or mining, establish an additional 10-foot
heavily vegetated buffer strip immediately adjacent to the outer wetland
buffer
Toxic runoff
• Route all new, untreated runoff away from wetland while ensuring wetland
is not dewatered
• Establish covenants limiting use of pesticides within 150 feet of wetland
• Apply integrated pest management
Stormwater runoff
• Retrofit stormwater detention and treatment for roads and existing adjacent
development
• Prevent channelized flow from lawns that directly enters the buffer
• Apply integrated pest management
Change in water
regime
• Infiltrate or treat, drain, and disperse into buffers new runoff from
impervious surfaces and new lawns
Pets and human
disturbance
• Use privacy fencing or plant dense vegetation to delineate buffer edge and
to discourage disturbance using vegetation appropriate for the region
• Place wetland and its buffer in a separate tract or protect with a
conservation easement
Dust • Use best management practices to control dust
Disruption of
corridors or
connections
• Maintain connections to offsite areas that are undisturbed
• Restore corridors or connections to offsite habitats by replanting
F. Signs and Fencing of Wetlands.
1. Temporary Markers. The outer perimeter of the wetland and buffer and the limits of
those areas to be disturbed pursuant to an approved permit or authorization shall be
marked in the field in such a way as to ensure that no unauthorized intrusion will
occur and is subject to inspection by the Director prior to the commencement of
permitted activities. The Director shall have the authority to require that temporary
fencing be placed on-site to mark the outer perimeter of the wetland and its
associated buffer area. This temporary marking, and any required temporary fencing,
shall be maintained throughout construction and shall not be removed until
permanent signs, if required, are in place.
2. Permanent Signs. As a condition of any permit or authorization issued pursuant to
this Chapter, the Director shall require the Applicant to install permanent signs along
the boundary of a wetland or buffer.
a. Permanent signs shall be made of a metal face with a green color background and
white letters; attached to a metal post, or another nontreated material of equal
durability; made with a sign face no smaller than one foot by one foot square and
no larger than two feet by two feet square; and mounted with the bottom of the
sign face no less than three feet above and no more than five feet above adjacent
grade. Signs must be posted at a minimum of one per lot of record, or on large
parcels every one hundred (100) feet, or additional signs as required by the
Director and must remain unobstructed and be maintained by the property
Part 15.500 Environmental Regulations Page 50 of 85
owner in perpetuity. The sign(s) shall be worded as follows or with alternative
language approved by the Director:
Protected Critical Area
Do Not Disturb
Contact the City of Moses Lake
Regarding Uses and Restriction
b. The provisions of subsection (F)(2)(i) of this section may be modified by the Director
as necessary to assure protection of sensitive features or wildlife.
15.525.040 Performance Standards – Compensatory Mitigation Requirements. Compensatory
mitigation for alterations to wetlands shall achieve equivalent or greater biologic functions.
Compensatory mitigation plans shall be consistent with the State Department of Ecology
Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans, 2006, or as
may be subsequently revised.
A. Preferred Mitigation. Mitigation shall be required in the following order of preference:
1. Avoiding the impact altogether by not taking a certain action or parts of an action.
2. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation, by using appropriate technology, or by taking affirmative steps to
avoid or reduce impacts.
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment.
4. Reducing or eliminating the impact over time by preservation and maintenance
operations.
5. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments.
B. Mitigation for Affected Functions or Functions Lost as a Result of the Proposed Activity.
Compensatory mitigation actions shall address functions affected by the alteration to
achieve functional equivalency or improvement and shall provide similar wetland
functions as those lost by the proposed activity, except when:
1. The lost wetland provides minimal functions as determined by a site-specific function
assessment, and the proposed compensatory mitigation action(s) will provide equal
or greater functions or will provide functions shown to be limiting within a watershed
through a formal Washington State watershed assessment plan or protocol; or
2. Out-of-kind replacement will best meet formally identified watershed goals, such as
replacement of historically diminished wetland types.
C. Preference of Mitigation Actions. Mitigation actions that require compensation by
replacing, enhancing, or substitution shall occur in the following order of preference:
1. Restoring wetlands on upland sites that were formerly wetlands.
2. Creating wetlands on disturbed upland sites such as those with vegetative cover
consisting primarily of nonnative introduced species. This should only be attempted
when there is a consistent source of hydrology and it can be shown that the surface
Part 15.500 Environmental Regulations Page 51 of 85
and subsurface hydrologic regime is conducive for the wetland community that is
being designed.
3. Enhancing or rehabilitating significantly degraded wetlands. Such enhancement or
rehabilitation should be part of a mitigation package that includes replacing the
impacted area meeting appropriate ratio requirements.
D. Type and Location of Mitigation. Unless it is demonstrated that a higher level of
ecological functioning would result from an alternate approach, compensatory mitigation
for ecological functions shall be either in-kind and on-site, or in-kind and within the same
stream reach, subbasin, or drift cell. Mitigation actions shall be conducted within the
same subdrainage basin and on the site as the alteration except when all of the following
apply:
1. There are no reasonable on-site or in-subdrainage basin opportunities or on-site and
in-subdrainage basin opportunities do not have a high likelihood of success, after a
determination of the natural capacity of the site to mitigate for the impacts.
Consideration should include: anticipated wetland mitigation replacement ratios,
buffer conditions and proposed widths, hydrogeomorphic classes of on-site wetlands
when restored, proposed flood storage capacity, potential to mitigate riparian fish
and wildlife impacts (such as connectivity);
2. Off-site mitigation has a greater likelihood of providing equal or improved wetland
functions than the impacted wetland; and
3. Off-site locations shall be in the same subdrainage basin unless:
a. Established watershed goals for water quality, flood or conveyance, habitat, or
other wetland functions have been established and strongly justify location of
mitigation at another site; or
b. Credits from a state certified wetland mitigation bank are used as mitigation and
the use of credits is consistent with the terms of the bank’s certification.
E. Mitigation Timing. Mitigation projects shall be completed with an approved monitoring
plan prior to activities that will disturb wetlands. In all other cases, mitigation shall be
completed immediately following disturbance and prior to use or occupancy of the
activity or development. Construction of mitigation projects shall be timed to reduce
impacts to existing fisheries, wildlife, and flora. The Director may authorize a one-time
temporary delay, up to one hundred twenty (120) calendar days, in completing minor
construction and landscaping when environmental conditions could produce a high
probability of failure or significant construction difficulties. The delay shall not create or
perpetuate hazardous conditions or environmental damage or degradation, and the delay
shall not be injurious to the health, safety, and general welfare of the public. The request
for the temporary delay must include a written justification that documents the
environmental constraints which preclude implementation of the mitigation plan. The
justification must be verified and approved by the City and include a financial guarantee
(bond).
F. Mitigation Ratios.
1. Acreage Replacement Ratios. The following ratios shall apply to creation or re-
establishment, rehabilitation, or enhancement that is in-kind, is on-site, is the same
category, is timed prior to or concurrent with alteration, and has a high probability of
Part 15.500 Environmental Regulations Page 52 of 85
success. These ratios do not apply to remedial actions resulting from unauthorized
alterations; greater ratios shall apply in those cases. These ratios do not apply to the
use of credits from a state certified wetland mitigation bank. When credits from a
certified bank are used, replacement ratios should be consistent with the
requirements of the bank’s certification.
Wetland Mitigation Ratios
Category and Type of Wetland Creation or
Re-establishment Rehabilitation Enhancement
Category I: Bog, natural heritage site Not considered possible Case by case Case by case
Category I: forested 6:1 12:1 24:1
Category I: Based on function 4:1 8:1 16:1
Category II 3:1 6:1 12:1
Category III 2:1 4:1 8:1
2. Increased Replacement Ratio. The Director may increase the ratios under the
following circumstances:
a. Uncertainty exists as to the probable success of the proposed restoration or
creation;
b. A significant period of time will elapse between impact and replication of wetland
functions;
c. Proposed mitigation will result in a lower category wetland or reduced functions
relative to the wetland being impacted; or
d. The impact was an unauthorized impact.
G. Wetland Mitigation Banks.
1. Credits from a wetland mitigation bank may be approved for use as compensation for
unavoidable impacts to wetlands when:
a. The bank is certified under Chapter 173-700 WAC;
b. The Director determines that the wetland mitigation bank provides appropriate
compensation for the authorized impacts; and
c. The proposed use of credits is consistent with the terms and conditions of the
bank’s certification.
2. Replacement ratios for projects using bank credits shall be consistent with
replacement ratios specified in the bank’s certification.
3. Credits from a certified wetland mitigation bank may be used to compensate for
impacts located within the service area specified in the bank’s certification. In some
cases, bank service areas may include portions of more than one adjacent drainage
basin for specific wetland functions.
Part 15.500 Environmental Regulations Page 53 of 85
Chapter 15.530
CRITICAL AREA REGULATIONS – FISH AND WILDLIFE HABITAT
Sections:
15.530.010 Designation of Fish and Wildlife Habitat Conservation Areas.
15.530.020 Critical Area Report – Additional Requirements for Habitat Conservation Areas.
15.530.030 Performance Standards – General Requirements.
15.530.040 Performance Standards – Specific Habitats.
15.530.010 Designation of Fish and Wildlife Habitat Conservation Areas.
A. Fish and Wildlife Habitat Conservation Areas. Fish and wildlife habitat conservation areas
include:
1. Areas with which state or federally designated endangered, threatened, and sensitive
species have a primary association.
a. Fish and Wildlife Habitat Areas - areas which, in a natural state, serve a critical
role in sustaining needed habitats and species for the functional integrity of the
ecosystem, and which, if altered, may reduce the likelihood that the species will
persist over the long term. These areas may include, but are not limited to, rare
or vulnerable ecological systems, communities, and habitat or habitat elements
including seasonal ranges, breeding habitat, winter range, and movement
corridors; and areas with high relative population density or species richness.
b. Federally designated endangered and threatened species are those fish and
wildlife species identified by the U.S. Fish and Wildlife Service and the National
Marine Fisheries Service that are in danger of extinction or threatened to become
endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries
Service should be consulted for current listing status.
c. State designated endangered, threatened, and sensitive species are those fish
and wildlife species native to the state of Washington and identified by the
Washington Department of Fish and Wildlife, which are in danger of extinction,
threatened to become endangered, vulnerable, or declining and are likely to
become endangered or threatened in a significant portion of their range within
the state without cooperative management or removal of threats. State
designated endangered, threatened, and sensitive species are periodically
recorded in WAC 232-12-014 (state endangered species) and WAC 232-12-011
(state threatened and sensitive species). The State Department of Fish and
Wildlife maintains the most current listing and should be consulted for current
listing status.
2. Habitats and species identified in reference to lists, categories, and definitions
promulgated by the Washington Department of Fish and Wildlife as identified in WAC
232-12-011 or 232-12-014; in the priority habitat and species (PHS) program of the
Department of Fish and Wildlife; or by rules and regulations adopted by the U.S. Fish
and Wildlife Service, National Marine Fisheries Service, or other agency with authority
for such designations.
3. Naturally occurring ponds under twenty (20) acres. Naturally occurring ponds are
those ponds under twenty (20) acres and their submerged aquatic beds that provide
Part 15.500 Environmental Regulations Page 54 of 85
fish or wildlife habitat, including those artificial ponds intentionally created from dry
areas in order to mitigate impacts to ponds. Naturally occurring ponds do not include
ponds deliberately designed and created from dry sites, such as canals, detention
facilities, wastewater treatment facilities, farm ponds, temporary construction ponds,
and landscape amenities, unless such artificial ponds were intentionally created for
mitigation.
4. Waters of the State. Waters of the state include lakes, rivers, ponds, streams, inland
waters, underground waters, salt waters, and all other surface waters and
watercourses within the jurisdiction of the state of Washington, as classified in WAC
222-16-031 (or WAC 222-16-030 depending on classification used).
5. Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal
entity.
6. State natural area preserves and natural resource conservation areas. Natural area
preserves and natural resource conservation areas are defined, established, and
managed by the Washington State Department of Natural Resources.
7. Areas of rare plant species and high-quality ecosystems. Areas of rare plant species
and high-quality ecosystems are identified by the Washington State Department of
Natural Resources through the Natural Heritage Program.
B. Designated Critical Areas. All areas within the City meeting one or more of these criteria,
regardless of any formal identification, are hereby designated critical areas and are
subject to the provisions of this Chapter and shall be managed consistent with the best
available science, such as the Washington Department of Fish and Wildlife’s Management
Recommendations for Priority Habitat and Species.
C. Mapping. The approximate location and extent of habitat conservation areas are shown
on the critical area maps adopted by reference by the City, as most recently updated. The
following maps and data are hereby adopted and are available from the City or the listed
governmental agency:
1. Washington Department of Fish and Wildlife Priority Habitat and Species Maps;
2. Washington State Department of Natural Resources, Official Water Type Reference
Maps, as amended; and
3. Anadromous and resident salmonid distribution maps contained in the Habitat
Limiting Factors Reports published by the Washington Conservation Commission.
D. Use of Maps. The above maps are to be used as a guide for the City, Applicants, or
property owners and should be continuously updated as new critical areas are identified.
The above maps are a reference and do not provide a final critical area designation.
15.530.020 Critical Area Report – Additional Requirements for Habitat Conservation Areas.
A. Critical Area Report. All critical areas located within three hundred (300) feet of the
project area that have been designated by the City and are shown on City, state, or federal
government agency maps or reports shall be addressed in a critical area report for habitat
conservation areas.
B. Habitat Analysis. A habitat assessment to include at a minimum the following:
1. Detailed description of vegetation on the project area and its associated buffer.
Part 15.500 Environmental Regulations Page 55 of 85
2. Identification of any federal and state endangered, threatened, or candidate species,
WDFW priority species that have a primary association with habitat on the project
area, and assessment of potential project impacts to use of the buffer and critical area
on the site by the species.
3. A detailed discussion of the direct and indirect potential impacts on habitat by the
project. Such discussion shall include a discussion of the ongoing management
practices that will protect habitat after the project site has been developed.
15.530.030 Performance Standards for Habitat Conservation Areas – General Requirements.
A. Nonindigenous Species. No plant, wildlife, or fish species not indigenous to the region
shall be introduced into a habitat conservation area unless authorized by a state or federal
permit or approval.
B. Mitigation and Contiguous Corridors. Mitigation sites shall be located to preserve or
achieve contiguous wildlife habitat corridors in accordance with a mitigation plan that is
part of an approved critical area report to minimize the isolating effects of development
on habitat areas, so long as mitigation of aquatic habitat is located within the same
aquatic ecosystem as the area disturbed.
C. Approvals of Activities. The Director shall condition approvals of activities allowed within
or adjacent to a habitat conservation area or its buffers, as necessary to minimize or
mitigate any potential adverse impacts. Conditions shall be based on the best available
science and may include, but are not limited to, the following:
1. Establishment of buffer zones;
2. Preservation of critically important vegetation and/or habitat features such as snags
and downed wood;
3. Treatment and control of noxious/invasive weeds.
4. Limitation of access to the habitat area, including fencing to deter unauthorized
access;
5. Seasonal restriction of construction activities;
6. Establishment of a duration and timetable for periodic review of mitigation activities;
and
7. Requirement of a performance bond, when necessary, to ensure completion and
success of proposed mitigation.
D. Mitigation to at Least Biological Functions. Mitigation of alterations to habitat
conservation areas shall achieve at least equivalent biologic and hydrologic functions and
shall include mitigation for adverse impacts upstream or downstream of the development
proposal site. Mitigation shall address each function affected by the alteration to achieve
functional equivalency or improvement on a per function basis.
E. Approvals and the Best Available Science. Any approval of alterations or impacts to a
habitat conservation area shall be supported by the best available science. WDFW Priority
Habitats and Species Management Recommendations are a source of Best Available
Science.
F. Restrictions.
1. Tracts. Habitat conservation areas shall be preserved in perpetuity through the use
of critical area tracts or other City approved protection measures.
Part 15.500 Environmental Regulations Page 56 of 85
2. Seasonal Restrictions. When a species is more susceptible to adverse impacts during
specific periods of the year, seasonal restrictions may apply.
G. Signs and Fencing of Habitat Conservation Areas.
1. Temporary Markers. The outer perimeter of the habitat conservation area and the
limits of those areas to be disturbed pursuant to an approved permit or authorization
shall be marked in the field in such a way as to ensure that no unauthorized intrusion
will occur and verified by the Director prior to the commencement of permitted
activities. The Director shall have the authority to require that temporary fencing be
placed on-site to mark the outer perimeter of the habitat conservation area. This
temporary marking, and any required temporary fencing, shall be maintained
throughout construction and shall not be removed until permanent signs, if required,
are in place.
2. Permanent Signs. As a condition of any permit or authorization issued pursuant to
this Chapter, the Director may require that Applicant to install permanent signs along
the boundary of a habitat conservation area.
a. Permanent signs shall be made of a metal face with a green color background and
white letters; attached to a metal post or another nontreated material of equal
durability; made with a sign face no smaller than one foot by one foot and no
larger than two feet by two feet; and mounted with the bottom of the sign face
no less than three feet above and no more than five feet above adjacent grade.
Signs must be posted at a minimum of one per lot of record, or on large parcels
every three hundred (300) feet, or additional signs as required by the Director
and must remain unobstructed and be maintained by the property owner in
perpetuity. The sign(s) shall be worded as follows or with alternative language
approved by the Director:
Protected Critical Area Do Not Disturb
Contact the City of Moses Lake
Regarding Uses and Restriction
b. The provisions of this section may be modified by the Director as necessary to
assure protection of sensitive features or wildlife.
15.530.040 Performance Standards – Specific Habitats.
A. Federal and State Endangered, Threatened, and Sensitive Species and WDFW Priority
Habitats and Species.
1. No development shall be allowed within a habitat conservation area or buffer with
which state or federally endangered, threatened, or sensitive species, WDFW Priority
Habitats and Species have a primary association, except that which is provided for by
a management plan established by the Washington Department of Fish and Wildlife
or applicable state or federal agency.
2. Whenever activities are proposed adjacent to a habitat conservation area within
which state or federally endangered, threatened, or sensitive species have a primary
association, such area shall be protected through the application of protection
Part 15.500 Environmental Regulations Page 57 of 85
measures in accordance with a critical area report prepared by a qualified
professional and approved by the City. All applications for activities proposed
adjacent to a habitat conservation area or buffer addressed in this subsection shall
be sent for review and comment to the Department of Fish and Wildlife for Priority
Habitats and Specie, the Washington State Department of Natural Resources Natural
Heritage Program for rare species and rare/high quality ecological communities, and
other appropriate federal or state agencies. Whenever activities are proposed
adjacent to any habitat conservation area, reviews are required sufficiently early in
the development review process with the Department of Fish and Wildlife, such as a
pre-application review.
B. Wetland Habitats. All proposed activities within or adjacent to habitat conservation areas
containing wetlands shall conform to the wetland development performance standards
set forth in the wetlands section. If non-wetlands habitat and wetlands are present at the
same location, the provisions of this Chapter or the Wetlands Chapter, whichever
provides greater protection to the habitat, apply.
C. Shrubsteppe.
1. No development shall be allowed within a high quality shrubsteppe habitat
conservation area.
2. No development shall be allowed within a low or moderate shrubsteppe habitat
conservation area in which rare, threatened, or endangered species have a primary
association.
3. Shrubsteppe habitat conservation area less than one-half acre and within connection
to abutting other wetland, riparian and/or habitat area shall not be subject to this
Chapter.
4. The quality of habitat is based on the predominant habitat quality on the site.
Washington Department of Fish and Wildlife Management Recommendations for
Washington’s Priority Habitats: Shrubsteppe and the Ecological Integrity Assessment
protocol for rating shrubsteppe habitat at the project site (Ecological integrity index
measures to be evaluated for ranking the ecological quality of shrubsteppe habitat),
as well as at the potential mitigation site within Appendix 9.
5. The following Shrubsteppe Mitigation Ratios shall be applicable for any
encroachment within the shrubsteppe.
Shrubsteppe Mitigation Ratios
Category A (High)Not considered possible Case by case Case by case
Category B (High) Case by case Case by case Case by case
Category C (Medium)Case by case Case by case Case by case
Category D Case by case Case by case Case by case
6. Fuel management for fire protection may be allowed with the submittal and approval
by the Director of a Shrubsteppe Mitigation Plan.
7. Shrubsteppe Habitat Mitigation. Mitigation of adverse impacts to shrubsteppe shall
result in equivalent functions and values on a per function basis, be located as near
the alteration as feasible, and be located in the same shrubsteppe as the habitat
impacted.
Part 15.500 Environmental Regulations Page 58 of 85
8. Alternative Mitigation for Shrubsteppe. The performance standards set forth in this
subsection may be modified at the City’s discretion if the Applicant demonstrates that
greater habitat functions, on a per function basis, can be obtained in the affected
subdrainage basin as a result of alternative mitigation measures.
D. Riparian Habitat Areas. Unless otherwise allowed in this Chapter, all structures and
activities shall be located outside of the stream buffers. Crab Creek has a riparian habitat
and is the only riverine in the City of Moses Lake. The Stream buffers of one hundred fifty
(150) feet (consistent with the Shoreline Master Program buffer) is established for habitat
that includes aquatic and terrestrial ecosystems that mutually benefit each other and that
are located adjacent to rivers, perennial or intermittent streams, seeps, and springs. The
width shall be measured outward in each direction, on the horizontal plane from the
ordinary high water mark, or from the top of bank if the ordinary high water mark cannot
be identified. Stream buffers should be sufficiently wide to achieve the full range of
riparian and aquatic ecosystem functions, which include but are not limited to protection
of instream fish habitat through control of temperature and sedimentation in streams;
preservation of fish and wildlife habitat; and connection of riparian wildlife habitat to
other habitats.
1. Increased Stream Buffer Widths. The Director may require increased buffer widths in
accordance with the recommendations of an experienced, qualified professional, and
the best available science on a case- by-case basis when a large buffer is necessary to
maintain the structure and functions of the habitat area, based on site-specific
characteristics. When the SEPA checklist discloses the possibility that the buffers may
be increased, the procedures in WAC 197-11-158 shall be invoked. The criteria to be
used to analyze the issue whether the buffers should be increased are as follows:
a. When the Director determines that the recommended width is insufficient to
prevent habitat degradation and to protect the structure and functions of the
habitat area;
b. When a channel migration zone is present, the stream buffer width shall be
measured from the outer edge of the channel migration zone; or
c. When the habitat area is within an erosion or landslide hazard area, or buffer, the
stream buffer width shall be the recommended distance, or the erosion or
landslide hazard area or buffer, whichever is greater.
2. Stream Buffer Width Averaging. The Director may allow the recommended stream
buffer width to be reduced in accordance with a critical area report only if:
a. The width reduction will not reduce stream or habitat functions, including those
of nonfish habitat;
b. The width reduction will not degrade the habitat, including habitat for
anadromous fish;
c. The proposal will provide additional habitat protection;
d. The total area contained in the riparian habitat area of each stream on the
development proposal site is not decreased;
e. The recommended stream buffer width is not reduced by more than 50 percent
in any one location;
Part 15.500 Environmental Regulations Page 59 of 85
f. The width reduction will not be located within another critical area or associated
buffer; and
g. The reduced stream buffer width is supported by the best available science.
3. Interrupted Buffer.
a. Where a legally established, pre-existing use of the buffer exists, those proposed
activities that are within the wetland or stream buffer, but are separated from
the critical area by an existing permanent substantial improvement, which serves
to eliminate or greatly reduce the impact of the proposed activity upon the critical
area, are exempt; provided, that the detrimental impact to the critical area does
not increase. However, if the impacts do increase, the City shall determine if
additional buffer may be required along the impact area of the interruption.
Substantial improvements may include developed public infrastructure such as
roads and railroads. Substantial improvements may not include paved trails,
sidewalks, or parking areas. An allowance for activity in an interrupted buffer may
require a critical areas report for the type of critical areas buffer that is affected.
In determining whether a critical areas report is necessary, the City shall consider
the hydrologic, geologic, and/or biological habitat connection potential and the
extent and permanence of the interruption.
b. Where a legally established, pre-existing structure or use is located within a
regulated wetland or stream buffer and where the regulated buffer is fully paved
and does not conform to the interrupted buffer provision above, the buffer will
end at the edge of the pavement, adjacent to the wetland or stream.
4. Riparian Habitat Mitigation. Mitigation of adverse impacts to stream buffers shall
result in equivalent functions and values on a per function basis, be located as near
the alteration as feasible, and be located in the same subdrainage basin as the habitat
impacted.
5. Alternative Mitigation for Stream Buffers. The performance standards set forth in this
subsection may be modified at the City’s discretion if the Applicant demonstrates that
greater habitat functions, on a per function basis, can be obtained in the affected
subdrainage basin as a result of alternative mitigation measures.
E. Aquatic Habitat. Aquatic Habitat is regulated under the shoreline master program.
Part 15.500 Environmental Regulations Page 60 of 85
Chapter 15.535
CRITICAL AREA REGULATIONS – GEOLOGICALLY HAZARDOUS AREAS
Sections:
15.535.010 Designation of Geologically Hazardous Areas.
15.535.020 Designation of Specific Hazard Areas.
15.535.030 Mapping of Geologically Hazardous Areas.
15.535.040 Critical Area Report – Additional Requirements for Geologically Hazardous
Areas.
15.535.050 Performance Standards – General requirements.
15.535.060 Performance Standards – Specific Hazards.
15.535.010 Designation of Geologically Hazardous Areas. Geologically hazardous areas include areas
susceptible to erosion, sliding, earthquake, or other geological events. They pose a threat to
the health and safety of citizens when incompatible development is sited in areas of
significant hazard. Such incompatible development may not only place itself at risk, but also
may increase the hazard to surrounding development and use. Areas susceptible to one or
more of the following types of hazards shall be designated as a geologically hazardous area:
A.Erosion hazard;
B.Landslide hazard;
C.Seismic hazard;
D.Other geological events including mass wasting, debris flows, rock falls, and differential
settlement.
15.535.020 Designation of Specific Hazard Areas.
A. Erosion Hazard Areas. Erosion hazard areas include those areas identified by the U.S.
Department of Agriculture’s Natural Resources Conservation Service as having a
moderate to severe, severe, or very severe rill (small stream) and interrill erosion hazard.
Erosion hazard also includes those areas impacted by shore land and/or stream bank
erosion and those areas within a river’s channel migration zone.
B. Landslide Hazard Areas. Landslide hazard areas are areas potentially subject to landslides
based on a combination of geologic, topographic, and hydrologic factors. They include
areas susceptible because of any combination of bedrock, soil, slope (gradient), slope
aspect, structure, hydrology, or other factors. Examples of these may include but are not
limited to the following:
1. Areas of historic failures, such as:
a. Those areas delineated by the U.S. Department of Agriculture’s Natural
Resources Conservation Service as having a severe limitation for building site
development;
b. Those areas mapped by the Washington State Department of Natural Resources
(slope stability mapping) as unstable (U or Class 3), unstable old slides (UOS or
Class 4), or unstable recent slides (URS or Class 5); and
c. Areas designated as quaternary slumps, earthflows, mudflows, or landslides on
maps published by the U.S. Geological Survey or Washington State Department
of Natural Resources;
Part 15.500 Environmental Regulations Page 61 of 85
2. Areas with all three of the following characteristics:
a. Slopes steeper than fifteen percent (15%);
b. Hillsides intersecting geologic contacts with a relatively permeable sediment
overlying a relatively impermeable sediment or bedrock; and
c. Springs or ground water seepage;
3. Areas that have shown movement during the Holocene epoch (from 10,000 years ago
to the present) or that are underlain or covered by mass wastage debris of that epoch;
4. Slopes that are parallel or subparallel to planes of weakness (such as bedding planes,
joint systems, and fault planes) in subsurface materials;
5. Slopes having gradients steeper than 80 percent subject to rock fall during seismic
shaking;
6. Areas potentially unstable because of rapid stream incision, stream bank erosion, and
undercutting by wave action;
7. Areas located on an active alluvial fan, presently or potentially subject to inundation
by debris flows or catastrophic flooding; and
8. Any area with a slope of 40 percent or steeper and with a vertical relief of ten (10) or
more feet except areas composed of consolidated rock. A slope is delineated by
establishing its toe and top and is measured by averaging the inclination over at least
ten (10) feet of vertical relief.
C. Seismic Hazard Areas. Seismic hazard areas are areas subject to severe risk of damage as
a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction,
lateral spreading, or surface faulting. One indicator of potential for future earthquake
damage is a record of earthquake damage in the past. Ground shaking is the primary
cause of earthquake damage in Washington. The strength of ground shaking is primarily
affected by:
1. The magnitude of an earthquake;
2. The distance from the source of an earthquake;
3. The type of thickness of geologic materials at the surface; and
4. The type of subsurface geologic structure.
5. Settlement and soil liquefaction conditions occur in areas underlain by cohesionless,
loose, or soft-saturated soils of low density, typically in association with a shallow
ground water table.
D. Other Hazard Areas. Geologically hazardous areas shall also include areas determined by
the Director to be susceptible to other geological events including mass wasting, debris
flows, rock falls, and differential settlement.
15.535.030 Mapping of Geologically Hazardous Areas.
A.The approximate location and extent of geologically hazardous areas are shown on the
critical area maps adopted by reference in this Chapter and listed below. The critical area
maps listed below are available from the City or the listed governmental agency and
include:
1. U.S. Geological Survey topographical maps;
2. Washington State Department of Natural Resources seismic hazard maps for Eastern
Washington;
Part 15.500 Environmental Regulations Page 62 of 85
3. Washington State Department of Natural Resources slope stability maps;
4. Federal Emergency Management Administration flood insurance maps; and
5. Locally adopted maps.
B. Use of Maps. These maps are to be used as a guide for the City, Applicants, or property
owners and may be continuously updated as new critical areas are identified. They are a
reference and do not provide a final critical area designation.
15.535.040 Critical Area Report – Additional Requirements for Geologically Hazardous Areas. The
following requirements for geologically hazardous area critical area reports are in addition to
the requirements for critical area reports:
A. Area Addressed in Critical Area Report. The following areas shall be addressed in a critical
area report for geologically hazardous areas:
1. The project area of the proposed activity; and
2. All geologically hazardous areas previously identified by the City within two hundred
(200) feet of the project area or that have potential to affect or be affected by the
proposal.
B. Geological Hazards Assessment. A critical area report for a geologically hazardous area
shall contain an assessment of geological hazards including the following site- and
proposal-related information at a minimum:
1. Site and Construction Plans. The report shall include a copy of the site plans for the
proposal showing:
a. The type of impacts, if any, that the project will either experience or cause in
relation to any other critical area so identified under this section;
b. Proposed development, including the location of existing and proposed
structures, fill, storage of materials, and drainage facilities;
c. The topography of the project site, of the project area, and all hazard areas
addressed in the report; and
d. Clearing limits.
2. Assessment of Geological Characteristics. The report shall include an assessment of
the geologic characteristics of the soils, sediments, or rock of the project area and
potentially affected adjacent properties, and a review of the site history regarding
landslides, erosion, and prior grading. Soils analysis shall be accomplished in
accordance with accepted classification systems in use in the region. The assessment
shall include, but not be limited to:
a. A description of the surface and subsurface geology, hydrology, soils, and
vegetation found in the project area and in all hazard areas addressed in the
report;
b. A detailed overview of the field investigations, published data, and references;
data and conclusions from past assessments of the site; and site-specific
measurements, tests, investigations, or studies that support the identification of
geologically hazardous areas; and
c. A description of the vulnerability of the site to seismic and other geologic events;
3. Analysis of Proposal. The report shall contain a hazards analysis including a detailed
description of the project, its relationship to the geologic hazard(s), and its potential
Part 15.500 Environmental Regulations Page 63 of 85
impact upon the hazard area, the subject property, and affected adjacent properties;
and
4. Minimum Buffer and Building Setback. The report shall make a recommendation for
the minimum no-disturbance buffer and minimum building setback from any geologic
hazard based upon the geotechnical analysis.
C. Incorporation of Previous Study. Where a valid critical areas report has been prepared
within the last five years for a specific site, and where the proposed land use activity and
surrounding site conditions are unchanged, said report may be incorporated into the
required critical area report. The Applicant shall submit a hazards assessment detailing
any changed environmental conditions associated with the site.
D. Mitigation of Long-Term Impacts. When hazard mitigation is required, the mitigation
plan shall specifically address how the activity maintains or reduces the pre-existing level
of risk to the site and adjacent properties on a long-term basis (equal to or exceeding the
projected lifespan of the activity or occupation). Proposed mitigation techniques shall be
considered to provide long-term hazard reduction only if they do not require regular
maintenance or other actions to maintain their function. Mitigation may also be required
to avoid any increase in risk above the pre-existing conditions following abandonment of
the activity.
E. Additional Analysis to Be Included in a Critical Area Report for Geologically Hazardous
Areas. Parameters for design of site improvements, including appropriate foundations
and retaining structures, should include allowable load and resistance capacities for
bearing and lateral loads, installation considerations, slope stability and estimates of
settlement performance, vegetation management, erosion control, and damage control.
15.535.050 Performance Standards – General Requirements.
A. Alterations. Alterations of geologically hazardous areas or associated buffers may only
occur for activities that:
1. Will not increase the threat of the geological hazard to adjacent properties beyond
pre-development conditions;
2. Will not adversely impact other critical areas;
3. Are designed so that the hazard to the project is eliminated or mitigated to a level
equal to or less than pre-development conditions; and
4. Are certified as safe as designed and under anticipated conditions by a qualified
engineer or geologist, licensed in the State of Washington.
B. Critical Facilities Prohibited. Critical facilities shall not be sited within geologically
hazardous areas unless there is no other practical alternative.
15.535.060 Performance Standards – Specific Hazards.
A. Erosion and Landslide Hazard Areas. Activities on sites containing erosion or landslide
hazards shall meet the standards the Performance standards – General requirements, and
the specific following requirements:
1. Buffer Requirement. A buffer shall be established from all edges of landslide hazard
areas. The size of the buffer shall be determined by the Director to eliminate or
minimize the risk of property damage, death, or injury resulting from landslides
Part 15.500 Environmental Regulations Page 64 of 85
caused in whole or part by the development, based upon review of, and concurrence
with, a critical area report prepared by a qualified professional;
a. Minimum Buffer. The minimum buffer shall be equal to the height of the slope or
50 feet, whichever is greater;
b. Buffer Reduction. The buffer may be reduced to a minimum of ten (10) feet when
a qualified professional demonstrates to the Director’s satisfaction that the
reduction will adequately protect the proposed development, adjacent
developments, and uses and the subject critical area;
c. Increased Buffer. The buffer may be increased where the Director determines a
larger buffer is necessary to prevent risk of damage to proposed and existing
development;
2. Alterations. Alterations of an erosion or landslide hazard area or buffer may only
occur for activities for which a hazards analysis is submitted and certifies that:
a. The development will not increase surface water discharge or sedimentation to
adjacent properties beyond pre-development conditions;
b. The development will not decrease slope stability on adjacent properties; and
c. Such alterations will not adversely impact other critical areas;
3. Design Provisions. Development within an erosion or landslide hazard area and/or
buffer shall be designed to meet the following basic requirements unless it can be
demonstrated that an alternative design that deviates from one or more of these
standards provides greater long-term slope stability while meeting all other
provisions of this Chapter. The requirement for long-term slope stability shall exclude
designs that require regular and periodic maintenance to maintain their level of
function. The basic development design provisions are:
a. The proposed development shall not decrease the factor of safety for landslide
occurrences below the limits of 1.5 for static conditions and 1.2 for dynamic
conditions. Analysis of dynamic conditions shall be based on a minimum
horizontal acceleration as established by the current version of the International
Building Code;
b. Structures and improvements shall be clustered to avoid geologically hazardous
areas and other critical areas;
c. Structures and improvements shall minimize alterations to the natural contour of
the slope, and foundations shall be tiered where possible to conform to existing
topography;
d. Structures and improvements shall be located to preserve the most critical
portion of the site and its natural landforms and vegetation;
e. The proposed development shall not result in greater risk or a need for increased
buffers on neighboring properties;
f. The use of retaining walls that allow the maintenance of existing natural slope
area is preferred over graded artificial slopes; and
g. Development shall be designed to minimize impervious lot coverage.
4. Vegetation Retention. Unless otherwise provided or as part of an approved alteration,
removal of vegetation from an erosion or landslide hazard area or related buffer shall
be prohibited.
Part 15.500 Environmental Regulations Page 65 of 85
5. Utility Lines and Pipes. Utility lines and pipes shall be permitted in erosion and
landslide hazard areas only when the Applicant demonstrates that no other practical
alternative is available. The line or pipe shall be located above ground and properly
anchored or designed so that it will continue to function in the event of an underlying
slide. Stormwater conveyance shall be allowed only through a high-density
polyethylene pipe with fuse-welded joints, or similar product that is technically equal
or superior.
6. Point Discharges. Point discharges from surface water facilities and roof drains onto
or upstream from an erosion or landslide hazard area shall be prohibited except as
follows:
a. Conveyed via continuous storm pipe downslope to a point where there are no
erosion hazard areas downstream from the discharge;
b. Discharged at flow durations consistent with the City’s Public Works Standards
for stormwater runoff control, with adequate energy dissipation, into existing
channels that previously conveyed stormwater runoff in the predeveloped state;
or
c. Dispersed discharge upslope of the steep slope onto a low-gradient undisturbed
buffer demonstrated to be adequate to infiltrate all surface and stormwater
runoff, and where it can be demonstrated that such discharge will not increase
the saturation of the slope;
7. Subdivisions. The division of land in landslide hazard areas and associated buffers is
subject to the following:
a. Land that is located wholly within a landslide hazard area or its buffer may not be
subdivided. Land that is located partially within a landslide hazard area or its
buffer may be divided; provided, that each resulting lot has sufficient buildable
area outside of, and will not affect, the landslide hazard or its buffer;
b. Access roads and utilities may be permitted within the landslide hazard area and
associated buffers if the City determines that no other feasible alternative exists;
and
8. Prohibited Development. On-site sewage disposal systems, including drain fields,
shall be prohibited within erosion and landslide hazard areas and related buffers.
B. Seismic Hazard Areas. Activities proposed to be located in seismic hazard areas shall meet
the standards within the Performance standards – General requirements.
Part 15.500 Environmental Regulations Page 66 of 85
Chapter 15.540
CRITICAL AREA REGULATIONS – FREQUENTLY FLOODED AREAS
Sections:
15.540.010 Designation of Frequently Flooded Areas.
15.540.015 Designation of the Floodplain Administrator – Permit Review.
15.540.020 Critical Area Report Requirements – Frequently Flooded Areas.
15.540.030 Warning and Disclaimer of Liability.
15.540.040 Performance Standards – General Requirements.
15.540.050 Performance Standards – Specific Uses.
15.540.060 Performance Standards – Areas of Shallow Flooding.
15.540.070 Prohibited Uses and Activities.
15.540.010 Designation of Frequently Flooded Areas.
A. Frequently Flooded Areas. Frequently flooded areas shall include areas Identified on the
Flood Insurance Map(s). Those areas of special flood hazard within the incorporated city
limits of Moses Lake identified as being within the 100-year floodplain by the Federal
Insurance Administrator in a scientific and engineering report entitled “The Flood
Insurance Study (FIS) for Grant County, Washington and Incorporated Areas,” dated
February 18, 2009 (FIRM Panels: 53025C1310C), and any revisions thereto, with
accompanying flood insurance rate maps (FIRMs), and any revisions thereto, are hereby
adopted by reference and declared to be a part of this Chapter. The FIS and FIRMs are on
file with the Department. The best available information for flood hazard area
identification as outlined in subsection (D) of this section shall be the basis for regulation
until a new FIRM is issued that incorporates data utilized under subsection (D) of this
section.
B. Use of Additional Information. The Director may use additional flood information that is
more restrictive or detailed than that provided in the flood insurance study conducted by
the Federal Emergency Management Agency (FEMA) to designate frequently flooded
areas, including data on channel migration, historical data, high water marks,
photographs of past flooding, location of restrictive floodways, maps showing future
build-out conditions, maps that show riparian habitat areas, or similar information.
C. Compliance. All development within special flood hazard areas is subject to terms of this
Chapter and other applicable regulations.
D. Flood Elevation Data. When base flood elevation data is not available (A and V zones
designated under subsection (A) of this section), the Director shall obtain, review, and
reasonably utilize any base flood elevation and floodway data available from a federal,
state, county or other source, in order to administer this section.
E. Designation Made by Director. The flood insurance maps are to be used as a guide for
the City, Applicants, Property Owners, and the public, and should be considered a
minimum designation of frequently flooded areas. Because flood insurance maps may be
continuously updated as areas are reexamined or new areas are identified, the best
available information for flood hazard area identification shall be the basis for regulation.
F. Supplemental Documentation. Any areas identified by the Director in this section shall
be supported by professional scientific information.
Part 15.500 Environmental Regulations Page 67 of 85
G. Maintenance of Records. The Director shall maintain for public inspection all records of
floodplain hazards, certificates of floodproofing, and flood elevation data.
H. Mapping. The location and extent of frequently flooded areas are shown on the critical
area maps adopted with the ordinance codified in this Chapter by the City. The following
maps and data are hereby adopted and are available from the City or the listed
governmental agency: Federal Emergency Management Administration flood insurance
rate maps; Community Panels: “The Flood Insurance Study for Grant County, Washington
and Incorporated Areas” dated February 18, 2009 and any revisions thereto, with
accompanying flood insurance rate maps (FIRM) and any revisions thereto, are hereby
adopted by reference and declared to be a part of this ordinance.
I. Abrogation and Greater Restrictions. This Chapter is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed restrictions. However, where this
Chapter and another section of the municipal code, easement, covenant, or deed
restriction conflict or overlap, whichever imposes the more stringent restrictions shall
prevail.
J. Interpretation. In the interpretation and application of this Chapter, all provisions shall
be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under state statutes.
15.540.015 Designation of the Floodplain Administrator – Permit Review.
A. Floodplain Administrator. The Director is hereby appointed as the floodplain
administrator to administer, implement, and enforce this Chapter by granting or denying
development permits in accordance with its provisions. The floodplain administrator may
delegate authority to implement these provisions. The duties of the floodplain
administrator shall include, but not be limited to:
B. Permit Review. Review all development permits to determine that:
1. The permit requirements of this Chapter have been satisfied;
2. All other required state and federal permits have been obtained;
3. The site is reasonably safe from flooding;
4. The proposed development is not located in the floodway. If located in the floodway,
assure the encroachment provisions of MLUDC 15.540.070(B)(1) are met;
5. Notify FEMA when annexations occur in the special flood hazard area; and
6. Notify FEMA of changes to the base flood elevation within six months of when
technical information of such changes becomes available. Such notification shall
include technical or scientific information.
C. Information to Be Obtained and Maintained.
1. Where base flood elevation data is provided through the FIS, FIRM, or required as in
MLUDC 15.540.040(D), obtain and maintain a record of the actual (as-built) elevation
(in relation to mean sea level) of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not the structure contains a
basement.
Part 15.500 Environmental Regulations Page 68 of 85
2. For all new or substantially improved floodproofed nonresidential structures where
base flood elevation data is provided through the FIS, FIRM, or as required in MLUDC
15.540.040(D):
a. Obtain and maintain a record of the elevation (in relation to mean sea level) to
which the structure was floodproofed.
b. Maintain the floodproofing certifications required in MLUDC 15.540.020(C)(2).
4. Certification required by MLUDC 15.540.070(B)(1), floodway encroachments.
5. Records of all variance actions, including justification for their issuance.
6. Improvement and damage calculations.
7. Maintain for public inspection all records pertaining to the provisions of this Chapter.
D. Alteration or Relocation of a Watercourse. Whenever a watercourse is to be altered or
relocated:
1. Notify adjacent communities and the Department of Ecology prior to such alteration
or relocation of a watercourse, and submit evidence of such notification to the
Federal Insurance Administrator through appropriate notification means; and
2. Assure that the flood carrying capacity of the altered or relocated portion of said
watercourse is maintained.
E. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact
location of the boundaries of the areas of special flood hazards (e.g., where there appears
to be a conflict between a mapped boundary and actual field conditions). The person
contesting the location of the boundary shall be given a reasonable opportunity to appeal
the interpretation. Such appeals shall be granted consistent with the standards of Section
60.6 of the Rules and Regulations of the NFIP (44 CFR 59-76).
15.540.020 Critical Area Report Requirements – Frequently Flooded Areas.
A. Prepared by a Qualified Professional. A frequently flooded areas report shall be prepared
for development within floodplains. Such report shall be required to be prepared by a
qualified professional who is a hydrologist or engineer, and who is licensed in the state of
Washington with experience in preparing flood hazard assessments.
B. Areas Addressed in Critical Area Report. The following areas shall be addressed in a
critical area report for frequently flooded areas:
1. The location of the proposed activity;
2. All areas of a special flood hazard, as indicated on the flood insurance map(s) within
200 feet of the project area; and
3. All other flood areas indicated on the flood insurance map(s) within two hundred
(200) feet of the project area.
C. Flood Hazard Assessment Required. A critical area report for a proposed activity within
a frequently flooded area shall contain a flood hazard assessment including the following
site- and proposal-related information at a minimum:
1. Site and Construction Plans. A copy of the site and construction plans for the
development proposal showing:
a. Floodplain (100-year flood elevation); 10-year and 50-year flood elevations and
floodway, if required by the Director and, in addition, other critical areas, buffers,
and shoreline areas;
Part 15.500 Environmental Regulations Page 69 of 85
b. Proposed development, including the location of existing and proposed
structures, fill, storage of materials, and drainage facilities, with dimensions
indicating distances to the floodplain;
c. Extent and location of proposed clearing and grading activity;
d. Elevation in relation to mean sea level, of the lowest floor (including basement)
of all structures; and
e. Elevation in relation to mean sea level to which any structure has been
floodproofed.
2. Floodproofing Certificate. When floodproofing is proposed, a certification by a
registered professional engineer or architect that the floodproofing methods meet
the requirements of MLUDC 15.540.040(H).
3. Watercourse Alteration. When watercourse alteration is proposed, the critical area
report shall include:
a. Extent of Watercourse Alteration. A description of and plan showing the extent
to which a watercourse will be altered or relocated as a result of the proposal;
and
b. Maintenance Program Required for Watercourse Alterations. A maintenance
program that provides maintenance practices for the altered or relocated portion
of the watercourse to ensure that the flood-carrying capacity is not diminished.
4. Information Regarding Other Critical Areas. Potential impacts to wetlands, fish and
wildlife habitat and other critical areas shall be addressed in accordance with the
applicable sections of this Chapter.
15.540.030 Warning and Disclaimer of Liability. The degree of flood protection required by this Chapter
poses and is based on scientific and engineering considerations. Larger floods can and will
occur on rare occasions. Flood heights may be increased by manmade or natural causes. This
Chapter does not imply that land outside frequently flooded areas or uses permitted within
such areas will be free from flooding or flood damages. This Chapter shall not create liability
on the part of the City, any officer or employee thereof, or the Federal Insurance
Administrator, for any flood damage that results from reliance on this Chapter or any
administrative decision lawfully made hereunder.
15.540.040 Performance Standards – General Requirements.
A. Permit(s) Required. The permit required by this section shall be incorporated into the
basic underlying permits necessary for the project or activity to proceed within a
frequently flooded area, e.g., building permit, short plat, public works permits, State
Environmental Policy Act and City critical areas reviews, and similar permits and
development reviews. Completion of and compliance with the necessary review
processes and permits listed above shall satisfy the requirement of issuance of a
development permit for any activity that would alter land or commence a new use within
a frequently flooded area. The permit shall be for all structures including manufactured
homes as defined by the MLUDC, and for all development including fill and other
activities.
Part 15.500 Environmental Regulations Page 70 of 85
B. All necessary permits shall be obtained. The Director shall verify that all necessary
permits have been obtained from those governmental agencies from which prior
approval is required by federal, state, or local law, including but not limited to Section 404
of the Federal Water Pollution Control Act Amendment of 1972 and the Endangered
Species Act of 1973.
C. Effective Base Flood Storage Volume. Development proposals must not reduce the
effective base flood storage volume of a floodplain. Grading or other activity that would
reduce the effective storage volume must be mitigated by creating compensatory storage
on the site. The compensatory storage must provide equivalent volume at equivalent
elevations to that being displaced, be hydraulically connected to the source of the
flooding, be provided in the same construction season, and occur on site or off site, if
legal arrangements can be made to assure that the effective compensatory storage will
be preserved over time.
D. Areas without Base Flood Elevation Data. Where base flood elevation data is not
available (A and V zones, and there is insufficient data available from federal, state,
county, or other sources, the Director shall determine the base flood elevation using
historical data, high water marks, photographs of past flooding, and other available
information. If there is insufficient data available for the Director to make a determination
of the base flood elevation, and standards requiring a base flood elevation cannot be
implemented, the Director shall require measures that assure the proposed structures
will be reasonably safe from flooding. At a minimum, the base flood elevation shall be set
at least two feet above the highest adjacent grade. The Director shall have the authority
to set an average base flood elevation if there are sufficient grade deficiencies in elevation
around the development area.
E. AE Zones with Base Flood Elevations but No Floodways. In areas with BFEs (when a
regulatory floodway has not been designated), no new construction, substantial
improvements, or other development (including fill) shall be permitted within zone AE on
the City’s FIRM, unless it is demonstrated that the cumulative effect of the proposed
development, when combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood more than one foot at any point
within the City.
F. Construction Materials and Methods.
1. Methods That Minimize Flood Damage. All new construction and substantial
improvements shall be constructed using flood-resistant materials and utility
equipment, and with methods and practices that minimize flood damage.
2. Structures Shall Be Located Outside the Floodplain. All structures shall be located on
the buildable portion of the site out of the floodplain unless there is no buildable site
area out of the floodplain. For sites with no buildable area out of the floodplain,
structures shall be placed on the highest land on the site, oriented parallel to the
anticipated flow of water rather than perpendicular, and sited as far from the
watercourse and other critical areas as possible. If the Director finds any evidence of
active hyporheic exchange on a site, the development shall be located to minimize
disruption of such exchange.
Part 15.500 Environmental Regulations Page 71 of 85
3. Utilities Shall Be Protected. All utilities shall be located on the buildable portion of the
site out of the floodplain unless there is no buildable site area out of the floodplain.
Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to
prevent water from entering or accumulating within their components during
conditions of flooding. Water wells shall be located on high ground that is not in the
floodway per WAC 173-10-171. All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of floodwaters into the systems. New
and replacement sanitary sewage systems shall be designed to minimize or eliminate
infiltration of floodwaters into the systems and discharges from the systems into
floodwaters. On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
G. Elevation Certificate Required Following Construction. Following construction or
substantial improvement of a structure within the floodplain where the base flood
elevation is provided, the Applicant shall be required to submit to the Director an as-built
elevation certificate from a licensed professional land surveyor that records the elevation
of the lowest floor (including basement), and whether or not the structure contains a
basement. The Director shall obtain said as-built elevation certificate and maintain for
public inspection said certificates in its official records.
H. Floodproofing.
1. When a nonresidential structure is to be floodproofed, it shall be designed and
constructed using methods that meet the following requirements:
a. Watertight Structure. The structure shall be watertight with walls substantially
impermeable to the passage of water below one foot above the base flood level;
b. Hydrostatic Resistance. Structural components shall be capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy; and
c. Certified by a Registered Professional Engineer or Architect. The structure shall
be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice
for meeting provisions of this subsection based on their development and/or
review of the structural design, specifications, and plans.
2. Floodproofing Certificate Required Following Construction. Following construction of
the structure, the Applicant shall obtain and provide to the Director a floodproofing
certificate from a registered professional engineer or architect that records the actual
(as-built) elevation to which the structure was floodproofed.
3. Floodproofing Nonresidential Buildings. Applicants floodproofing nonresidential
buildings shall be notified by the Director that flood insurance premiums will be based
on rates that are one foot below the floodproofed level (for example, a building
floodproofed to the base flood level will be rated as one foot below).
I. Anchoring.
1. Anchoring Required. All new construction and substantial improvements within the
floodplain, including those related to manufactured homes, shall be anchored to
prevent flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads including the effects of buoyancy.
Part 15.500 Environmental Regulations Page 72 of 85
2. Manufactured Homes Shall Be Anchored. All manufactured homes to be placed or
substantially improved within the floodplain shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated one foot
or more above the base flood elevation and must be anchored to prevent flotation,
collapse, or lateral movement, and shall be installed using methods and practices that
minimize flood damage. Anchoring methods may include, but are not limited to, use
of over-the-top or frame ties to ground anchors.
J. Fill and Grading. Fill and grading within the floodplain shall only occur after the review
and approval by the City of the clearing, grading, and fill proposal. Such proposal shall
require a determination from a licensed professional engineer that the fill or grading will
not block side channels, inhibit channel migration, increase flood hazards to others, or be
placed within a channel migration zone, whether or not the City delineated such zones as
of the time of the application.
K. Storage of Materials and Equipment.
1. The storage or processing of materials that could be injurious to human, animal, or
plant life if released due to damage from flooding is prohibited in special flood hazard
areas.
2. Storage of other material or equipment may be allowed if not subject to damage by
floods and if firmly anchored to prevent flotation, or if readily removable from the
area within the time available after flood warning.
15.540.050 Performance Standards – Specific Uses. In all frequently flooded areas where base flood
elevation data has been provided as set forth in MLUDC 15.540.010(A) or 15.540.040(D), the
following standards are required:
A. Residential Construction.
1. In AE or other A zoned areas where the BFE has been determined or can be reasonably
obtained, new construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated one foot or more above the
base flood elevation for the area. Mechanical equipment and utilities shall be
waterproofed or elevated at least one foot above the BFE.
2. New construction and substantial improvement of any residential structure in an AO
zone shall meet the requirements in MLUDC 15.540.060.
3. Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs must meet or
exceed the following minimum criteria:
a. Have a minimum of two openings with a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding.
b. The bottom of all openings shall be no higher than one foot above grade.
c. Openings may be equipped with screens, louvers, valves, or other coverings or
devices; provided, that they permit the entry and exit of floodwater.
d. A garage attached to a residential structure, constructed with the garage floor
slab below the BFE, must be designed to allow for the automatic entry and exit of
floodwaters.
Part 15.500 Environmental Regulations Page 73 of 85
Alternatively, a registered engineer or architect may design and certify engineered
openings.
B. Manufactured Homes Must Be Elevated. All manufactured homes to be placed or
substantially improved shall be elevated on a permanent foundation such that the lowest
floor of the manufactured home is elevated one foot or more above the base flood
elevation and be securely anchored to an adequately anchored foundation system to
resist flotation, collapse and lateral movement.
C. Recreational Vehicles. Recreational vehicles are required to either:
1. Be on the site for fewer than one hundred eighty (180) consecutive calendar days;
2. Be fully licensed and ready for highway use, on its wheels or jacking system, be
attached to the site only by quick disconnect type utilities and security devices, and
have no permanently attached additions; or
3. Must obtain a development permit and meet the requirements of this section,
including elevation and anchoring, for manufactured homes.
D. Nonresidential Construction. New construction and substantial improvement of any
commercial, industrial or other nonresidential structure shall meet the requirements of
subsection (D)(1) or (2) of this section.
1. New construction and substantial improvement of any commercial, industrial or
other nonresidential structure shall meet all of the following requirements:
a. In AE and A1-30 zones or other A zoned areas where the BFE has been determined
or can be reasonably obtained, new construction and substantial improvement
of any commercial, industrial, or other nonresidential structure shall have the
lowest floor, including basement, elevated one foot or more above the BFE, or
elevated as required by ASCE 24, whichever is greater. Mechanical equipment
and utilities shall be waterproofed or elevated at least one foot above the BFE, or
as required by ASCE 24, whichever is greater.
b. If located in an AO zone, the structure shall meet the requirements in MLUDC
15.540.060.
c. If located in an unnumbered A zone for which a BFE is not available and cannot
be reasonably obtained, the structure shall be reasonably safe from flooding, but
in all cases the lowest floor shall be at least two feet above the highest adjacent
grade.
d. Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited or shall be designed to automatically equalize hydrostatic flood forces
on exterior walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered professional
engineer or architect or must meet or exceed the following minimum criteria:
i. Have a minimum of two openings with a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding.
ii. The bottom of all openings shall be no higher than one foot above grade.
iii. Openings may be equipped with screens, louvers, valves, or other coverings
or devices; provided, that they permit the automatic entry and exit of
floodwater.
Part 15.500 Environmental Regulations Page 74 of 85
iv. A garage attached to a residential structure, constructed with the garage
floor slab below the BFE, must be designed to allow for the automatic entry
and exit of floodwaters.
v. Alternatively, a registered engineer or architect may design and certify
engineered openings.
2. If the requirements of subsection (D)(1) of this section are not met, then new
construction and substantial improvement of any commercial, industrial or other
nonresidential structure shall meet all of the following requirements:
a. Be dry floodproofed so that below one foot or more above the base flood level
the structure is watertight with walls substantially impermeable to the passage
of water or dry floodproofed to the elevation required by ASCE 24, whichever is
greater;
b. Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
c. Be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice
for meeting provisions of this subsection based on their development and/or
review of the structural design, specifications and plans. Such certifications shall
be provided to the official as set forth in MLUDC 15.540.015(B)(2); and
d. Nonresidential structures that are elevated, not floodproofed, must meet the
same standards for space below the lowest floor as described in subsection (A)(2)
of this section.
Applicants who are floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the floodproofed level
(e.g., a building floodproofed to the base flood level will be rated as one foot below).
Floodproofing the building an additional foot will reduce insurance premiums.)
E. Utilities.
1. Shall be designed to minimize infiltration of floodwaters. All new and replacement
water supply systems shall be designed to minimize or eliminate infiltration of
floodwaters into the systems.
2. Sanitary Sewage Systems. New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of floodwaters into the systems and
discharges from the systems into floodwaters.
F. Subdivision Proposals.
1. All subdivisions and short subdivisions shall:
a. Minimize flood damage. Subdivisions and short subdivisions shall be designed to
minimize or eliminate flood damage to proposed structures; and public utilities
and facilities that are installed as part of such subdivisions, such as sewer, gas,
electrical, and water systems, shall be located and constructed to minimize flood
damage. Subdivisions should be designed using natural features of the landscape,
and should not incorporate flood protection changes;
b. Have adequate drainage. Subdivisions and short subdivisions shall have adequate
natural surface water drainage in accordance with City’s Public Works Standards
to reduce exposure to flood hazards; and
Part 15.500 Environmental Regulations Page 75 of 85
d. Show flood areas on plat maps. Subdivisions and short subdivisions shall show
the 100-year floodplain, floodway, and channel migration zone where designated
by the City on the preliminary and final plat and short plat maps.
2. Detailed base flood elevation data shall be generated for subdivisions of at least 50
lots or five acres. Where detailed base flood elevation data has not been provided or
is not available from another authoritative source, it shall be generated for
subdivision proposals and other proposed developments which contain at least 50
lots or five acres, whichever is the lesser.
G. Alteration of Watercourses.
1. Shall require the submission of a critical area report by the Applicant and be in
accordance with the habitat regulations set forth in MLUDC 15.540.020 and
15.540.030 et seq. Watercourse alterations shall only be allowed when no negative
impacts occur to critical areas.
2. Shall not result in blockage. Watercourse alteration projects shall not result in
blockage of side channels.
3. Notification Required. The City shall notify adjacent communities, the Washington
State Department of Ecology, the Washington Department of Fish and Wildlife, and
the Federal Insurance Administration of the proposed watercourse alteration at least
thirty (30) calendar days prior to permit issuance.
4. Maintenance of Alterations. The Applicant shall maintain the altered or relocated
portion of the watercourse to ensure that the flood carrying capacity is not
diminished. The Applicant shall furnish the City with a surety bond for maintenance,
which bond shall remain in effect for a period of five years after completion of the
alterations and be in accordance with a maintenance program approved by the
Director for the alteration project. The bond shall be in an amount to be determined
by the Director as sufficient to ensure that the flood carrying capacity of the
watercourse is not diminished and complies with the terms of the maintenance
program. The surety and the form of the bond shall be subject to the approval of the
City Attorney.
H. Crawlspaces. Crawlspaces are commonly used as a method of elevating buildings to or
above the base flood elevation or providing area for easier access to utilities and other
building facilities. The following requirements apply to all crawlspaces that have enclosed
areas or floors below the base flood elevation:
1. The building must be designed and adequately anchored to resist flotation, collapse,
and lateral movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effect of buoyancy. Hydrostatic loads and the effects of buoyancy
can usually be addressed through the required opening standards set forth below in
this section. If crawlspace construction is proposed for areas in which the flood
velocities exceed five feet per second, the design must be reviewed and approved by
a registered architect or engineer.
2. The crawlspace is an enclosed area below the base flood elevation, and as such, must
have openings that equalize hydrostatic pressures by allowing for the automatic entry
and exit of floodwaters. Openings or vents must meet the following criteria:
Part 15.500 Environmental Regulations Page 76 of 85
a. A minimum of two openings having a total net area of not less than one square
inch for every square foot of enclosed area subject to flooding shall be provided;
b. The bottom of all openings shall be no higher than one foot above grade; and
c. Openings may be equipped with screens, louvers, or other coverings or devices;
provided, that they permit the automatic entry and exit of floodwaters.
3. All portions of the building below the base flood elevation must be constructed with
materials resistant to flood damage. The recommended construction practice is to
elevate the bottom of the joists and all insulation above the base flood elevation.
4. Any building utility systems within the crawlspace must be elevated above the base
flood elevation or designed so that floodwaters cannot enter or accumulate within
the system components. Duct work must either be placed above the base flood
elevation or sealed from floodwaters.
5. In addition to the above requirements, the following specific provisions also apply to
below grade crawlspaces:
a. The interior grade of a crawlspace below the base flood elevation must not be
more than two feet below the lowest adjacent exterior grade;
b. The height of the below grade crawlspace, measured from the interior grade of
the crawlspace to the top of the crawlspace foundation wall, must not exceed
four feet at any point;
c. There must be an adequate drainage system that removes floodwaters from the
interior area of the crawlspace. Possible options include natural drainage through
porous, well-drained soils or drainage systems such as perforated pipes, tiles,
gravel or other means; and
d. Below grade crawlspace construction in accordance with the requirements listed
above will not be considered basements.
I. Enclosed Area Below the Lowest Floor. If buildings or manufactured homes are
constructed or substantially improved with fully enclosed areas below the lowest floor,
the areas shall be used solely for parking of vehicles, building access, or storage.
J. Appurtenant Structures (Detached Garages and Small Storage Structures) in A Zones (A,
AE, AH, AO).
1. Appurtenant structures used solely for parking of vehicles or limited storage may be
constructed such that the floor is below the BFE, provided the structure is designed
and constructed in accordance with the following requirements:
a. Use of the appurtenant structure must be limited to parking of vehicles or limited
storage;
b. The portions of the appurtenant structure located below the BFE must be built
using flood-resistant materials;
c. The appurtenant structure must be adequately anchored to prevent flotation,
collapse, and lateral movement;
d. Any machinery or equipment servicing the appurtenant structure must be
elevated or floodproofed to or above the BFE;
e. The appurtenant structure must comply with floodway encroachment provisions
in MLUDC 15.540.070(B)(1);
Part 15.500 Environmental Regulations Page 77 of 85
f. The appurtenant structure must be designed to allow for the automatic entry and
exit of floodwaters in accordance with subsection (A)(3) of this section;
g. The structure shall have low damage potential;
h. If the structure is converted to another use, it must be brought into full
compliance with the standards governing such use; and
i. The structure shall not be used for human habitation.
2. Detached garages, storage structures, and other appurtenant structures not meeting
the above standards must be constructed in accordance with all applicable standards
in subsection (A) of this section.
3. Upon completion of the structure, certification that the requirements of this section
have been satisfied shall be provided to the Director for verification.
15.540.060 Performance Standards – Areas of Shallow Flooding. Shallow flooding areas appear on FIRMs
as AO zones with depth designations. The base flood depths in these zones range from one
to three feet above ground where a clearly defined channel does not exist, or where the path
of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually
characterized as sheet flow. In these areas, the following provisions apply:
A. Residential Structures. New construction and substantial improvements of residential
structures and manufactured homes within AO zones identified in the flood insurance
study and maps referenced in MLUDC 15.540.010(A) shall have the lowest floor (including
basement) elevated above the highest adjacent grade of the building site to one foot
above the depth number specified in feet on the flood insurance map or at least two feet
if no depth number is specified.
B. Nonresidential Structures. New construction and substantial improvements of
nonresidential structures within such AO zones shall either:
1. Have the lowest floor (including basement) elevated above the highest adjacent
grade of the building site to an height totaling one foot higher than the depth number
specified in feet on the flood insurance map or at least two feet if no depth number
is specified; or
2. Together with attendant utility and sanitary facilities, be completely floodproofed
one foot above the depth number specified in the flood insurance map(s) referenced
in MLUDC 15.540.010(A) so that any space below that depth number is watertight
with walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy. If this method is used, compliance shall be certified by a
registered professional engineer or architect as in MLUDC 15.540.040(H),
Floodproofing.
C. Drainage Paths. All development shall include adequate drainage paths around structures
on slopes to guide floodwaters around and away from proposed structures.
D. Recreational Vehicles. Recreational vehicles placed on sites within AO zones on the flood
insurance map(s) shall either:
1. Be on the site for fewer than one hundred eighty (180) consecutive calendar days;
Part 15.500 Environmental Regulations Page 78 of 85
2. Be fully licensed and ready for highway use, on its wheels or jacking system, be
attached to the site only by quick disconnect type utilities and security devices, and
have no permanently attached additions; or
3. Must meet the requirements of this section and the anchoring requirements for
manufactured homes.
15.540.070 Prohibited Uses and Activities.
A. Critical Facilities. Construction of new critical facilities shall be permissible within
frequently flooded areas if no feasible alternative site is available. Critical facilities
constructed within frequently flooded areas shall have the lowest floor elevated three
feet or more above the level of the base flood elevation (100-year flood) or to the height
of the 500-year flood, whichever is higher. Floodproofing and sealing measures must be
taken to ensure that toxic substances will not be displaced by or released into
floodwaters. Access routes elevated to or above the level of the base flood elevation shall
be provided to all critical facilities to the extent possible. SEPA Review. If not otherwise
required by the City, locating of critical facilities within a frequently flooded area shall be
subject to SEPA review and action.
B. Construction in Floodways. Located within areas of special flood hazard established in
MLUDC 15.540.010(A) are areas designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of floodwaters that can carry debris, and
increase erosion potential, the following provisions apply:
1. New construction requires certification by a licensed professional engineer.
Encroachments, including new construction, substantial improvements, fill, and other
development, are prohibited within designated floodways unless certified by a
registered professional engineer. Such certification shall demonstrate through
hydrologic and hydraulic analyses, performed in accordance with standard
engineering practice, that the proposed encroachment will not result in any increase
in flood levels during the occurrence of the base flood discharge. Small projects that
are solely to protect or create fish habitat and designed by a qualified professional
may be allowed without certification if the Director determines that the project will
not obstruct flood flows. Fish protection projects shall be reviewed on behalf of the
City by a qualified professional in the field of hydraulics.
2. Residential Construction and Reconstruction Prohibited. Construction and
reconstruction of residential structures is prohibited within designated floodways,
except for:
a. Repairs, reconstruction, or improvements to a structure that do not increase the
ground floor area; and
b. Repairs, reconstruction or improvements to a structure, for which the cost does
not exceed 50 percent of the market value of the structure either:
i. Before the repair or reconstruction is started; or
ii. If the structure has been damaged, and is being restored, before the damage
occurred.
Improvement to a structure to correct existing violations of state or local health,
sanitary, or safety code specifications that have been identified by the local code
Part 15.500 Environmental Regulations Page 79 of 85
enforcement official and that are the minimum necessary to assure safe living
conditions or to structures identified as historic places may be excluded from the
calculation of the 50 percent.
3. Substantially Damaged Residences in Floodway.
a. For all substantially damaged residential structures, other than farmhouses, located
in a designated floodway, the Director may make a written request that the
Department of Ecology assess the risk of harm to life and property posed by the
specific conditions of the floodway. Based on analysis of depth, velocity, flood-related
erosion, channel migration, debris load potential, and flood warning capability, the
Department of Ecology may exercise best professional judgment in recommending to
the local permitting authority repair, replacement, or relocation of a substantially
damaged structure consistent with WAC 173-158-076. The property owner shall be
responsible for submitting to the City and the Department of Ecology any information
necessary to complete the assessment. Without a favorable recommendation from
the Department for the repair or replacement of a substantially damaged residential
structure located in the regulatory floodway, no repair or replacement is allowed per
WAC 173-158-070(1); and
b. Before the repair, replacement, or reconstruction is started, all requirements of the
NFIP, the state requirements adopted pursuant to Chapter 86.16 RCW, and all
applicable local regulations must be satisfied. In addition, the following conditions
must be met:
i. There is no potential safe building location for the replacement residential
structure on the same property outside the regulatory floodway.
ii. A replacement residential structure is a residential structure built as a substitute
for a legally existing residential structure of equivalent use and size.
iii. Repairs, reconstruction, or replacement of a residential structure shall not
increase the total square footage of floodway encroachment.
iv. The elevation of the lowest floor of the substantially damaged or replacement
residential structure is a minimum of one foot higher than the BFE.
v. New and replacement water supply systems are designed to eliminate or
minimize infiltration of floodwater into the system.
vi. New and replacement sanitary sewerage systems are designed and located to
eliminate or minimize infiltration of floodwater into the system and discharge
from the system into the floodwaters.
vii. All other utilities and connections to public utilities are designed, constructed,
and located to eliminate or minimize flood damage.
4. If the provisions of subsection (B)(1) of this section are satisfied, or construction is allowed
pursuant to subsection (B)(2) or (B)(3) of this section, all new construction and substantial
improvements shall comply with all applicable requirements of MLUDC 15.540.040 and
15.540.050.
Part 15.500 Environmental Regulations Page 80 of 85
Chapter 15.545
AQUIFER RECHARGE AREAS
Sections:
15.545.010 Critical Aquifer Recharge Areas Designation.
15.545.020 Aquifer Recharge Areas Susceptibility Ratings.
15.545.030 Mapping of Critical Aquifer Recharge Areas.
15.545.040 Activities Allowed in Critical Aquifer Recharge Areas.
15.545.050 Critical Area Report – Additional Requirements for Critical Aquifer Recharge
Areas.
15.545.060 Performance Standards – General Requirements.
15.545.070 Performance Standards – Specific Uses.
15.545.010 Critical Aquifer Recharge Areas Designation. Critical aquifer recharge areas (CARAs) are those
areas with a critical recharging effect on aquifers used for potable water as defined by WAC
365-190-030(2). CARAs have prevailing geographic conditions associated with infiltration
rates that create a high potential for contamination of ground water resources or contribute
significantly to the replenishment of ground water.
A. Wellhead Protection Areas. Wellhead protection areas may be defined by the boundaries
of the 10-year time of ground water travel or boundaries established using alternate
criteria approved by the Washington State Department of Health in those settings where
ground water time of travel is not a reasonable delineation criterion, in accordance with
WAC 246-290-135.
B. Sole Source Aquifers. Sole source aquifers are areas that have been designated by the
U.S. Environmental Protection Agency pursuant to the Federal Safe Water Drinking Act.
C. Susceptible Ground Water Management Areas. Susceptible ground water management
areas are areas that have been designated as moderately or highly vulnerable or
susceptible in an adopted ground water management program developed pursuant to
Chapter 173-100 WAC.
D. Moderately or Highly Vulnerable Aquifer Recharge Areas. Aquifer recharge areas that
are moderately or highly vulnerable to degradation or depletion because of
hydrogeologic characteristics are those areas delineated by a hydrogeologic study
prepared in accordance with the State Department of Ecology guidelines.
E. Moderately or Highly Susceptible Aquifer Recharge Areas. Aquifer recharge areas
moderately or highly susceptible to degradation or depletion because of hydrogeologic
characteristics are those areas meeting the criteria established by the State Department
of Ecology.
15.545.020 Aquifer Recharge Areas Susceptibility Ratings. Aquifer recharge areas shall be rated as having
high, moderate, or low susceptibility based on soil permeability, geologic matrix, infiltration
and depth to water as determined by the criteria established by the State Department of
Ecology.
Part 15.500 Environmental Regulations Page 81 of 85
15.545.030 Mapping of Critical Aquifer Recharge Areas. As of the time of adoption of the ordinance
codified in this Chapter, the City does not believe there are any critical aquifer recharge areas
within city limits relating to public drinking supplies. If this situation changes, the City will
show the approximate location and extent of critical aquifer recharge areas on the adopted
critical areas map.
15.545.040 Activities Allowed in Critical Aquifer Recharge Areas. The following activities are allowed in
critical aquifer recharge areas pursuant to MLUDC 15.515.030 and do not require submission
of a critical areas report.
A.Construction of structures and improvements, including additions, resulting in less than
five percent or 2,500 square feet (whichever is greater) total site impervious surface area
that does not result in a change of use or increase the use of a hazardous substance.
B.Development and improvement of parks, recreation facilities, open space or conservation
areas resulting in less than five percent total site impervious surface area that do not
increase the use of a hazardous substance.
C.On-site domestic septic systems releasing less than 14,500 gallons of effluent per day and
that are limited to a maximum density of one system per one acre.
15.545.050 Critical Area Report – Additional Requirements for Critical Aquifer Recharge Areas. In
addition to the general critical area report requirements of MLUDC 15.515.090, critical area
reports for critical aquifer recharge areas must meet the requirements of this section. Critical
area reports for two or more types of critical areas must meet the report requirements for
each relevant type of critical area.
A. Hydrogeologic Assessment. For all proposed activities to be located in a critical aquifer
recharge area, a critical area report shall contain a Level One hydrogeological assessment.
A Level Two hydrogeologic assessment shall be required for any of the following proposed
activities:
1. Activities that result in five percent or more impervious site area;
2. Activities that divert, alter, or reduce the flow of surface or ground waters, or
otherwise reduce the recharging of the aquifer;
3. The use of hazardous substances, other than household chemicals used according to
the directions specified on the packaging for domestic applications;
4. The use of injection wells, including on-site septic systems, except those domestic
septic systems releasing less than 14,500 gallons of effluent per day and that are
limited to a maximum density of one system per one acre; or
5. Any other activity determined by the Director likely to have an adverse impact on
ground water quality or quantity or in the recharge of an aquifer.
B. Level 1 Hydrogeologic Assessment. A level 1 hydrogeologic assessment shall include the
following site- and proposal-related information at a minimum:
1. Available information regarding geologic or hydrogeologic characteristics of the site
including the surface location of all critical aquifer recharge areas located on-site or
immediately adjacent to the site, and permeability of the unsaturated zone;
2. Ground water depth, flow direction and gradient based on available information;
Part 15.500 Environmental Regulations Page 82 of 85
3. Currently available data on wells and springs within one thousand, three hundred
(1,300) feet of the project area;
4. Location of other critical areas, including surface waters, within one thousand, three
hundred (1,300) feet of the project area;
5. Available historic water quality data for the area to be affected by the proposed
activity; and
6. Best management practices proposed to be utilized.
C. Level Two Hydrogeologic Assessment. A Level Two hydrogeologic assessment shall
include the following site- and proposal-related information at a minimum, in addition to
the requirements for a Level One hydrogeological assessment:
1. Historic water quality data for the area to be affected by the proposed activity
compiled for at least the previous five-year period;
2. Ground water monitoring plan provisions;
3. Discussion of the effects of the proposed project on the ground water quality and
quantity, including:
a. Predictive evaluation of ground water withdrawal effects on nearby surface wells
and surface water features; and
b. Predictive evaluation of contaminant transport based on potential releases to
ground water; and
4. A spill plan that identifies equipment and/or structures that could fail, resulting in an
impact. Spill plans shall include provisions for regular inspection, repair and
replacement of structures and equipment that could fail.
15.545.060 Performance Standards – General Requirements.
A.Activities may only be permitted in a critical aquifer recharge area if the Applicant can
show that the proposed activity will not cause contaminants to enter the aquifer and that
the proposed activity will not adversely affect the recharging of the aquifer.
B.The proposed activity must comply with the water source protection requirements and
recommendations of the U.S. Environmental Protection Agency, Washington State
Department of Health and the City of Moses Lake wellhead protection plan.
C.The proposed activity must be designed and constructed in accordance with the locally
adopted surface water management or water quality regulations.
15.545.070 Performance Standards – Specific Uses.
A. Storage Tanks. All storage tanks proposed to be located in a critical aquifer recharge area
must comply with local building code requirements and must conform to the following
requirements:
1. Underground Tanks. All new underground storage facilities proposed for use in the
storage of hazardous substances or hazardous wastes shall be designed and
constructed so as to:
a. Prevent releases due to corrosion or structural failure for the operational life of
the tank;
b. Be protected against corrosion, constructed of noncorrosive material, steel clad
with a noncorrosive material, or designed to include a secondary containment
Part 15.500 Environmental Regulations Page 83 of 85
system to prevent the release or threatened release of any stored substances;
and
c. Use material in the construction or lining of the tank that is compatible with the
substance to be stored.
2. Aboveground Tanks. All new aboveground storage facilities proposed for use in the
storage of hazardous substances or hazardous wastes shall be designed and
constructed so as to:
a. Not allow the release of a hazardous substance to the ground, ground waters, or
surface waters;
b. Have a primary containment area enclosing or underlying the tank or part
thereof; and
c. A secondary containment system either built into the tank structure or a dike
system built outside the tank for all tanks.
B. Vehicle Repair and Servicing.
1. Vehicle repair and servicing must be conducted over impermeable pads and within a
covered structure capable of withstanding normally expected weather conditions.
Chemicals used in the process of vehicle repair and servicing must be stored in a
manner that protects them from weather and provides containment should leaks
occur.
2. No dry wells shall be allowed in critical aquifer recharge areas on sites used for vehicle
repair and servicing. Dry wells existing on the site prior to facility establishment must
be abandoned using techniques approved by the State Department of Ecology prior
to commencement of the proposed activity.
C. Residential Use of Pesticides and Nutrients. Application of household pesticides,
herbicides and fertilizers shall not exceed times and rates specified in the packaging.
D. Use of Reclaimed Water for Surface Percolation or Direct Recharge. Water reuse
projects for reclaimed water must be in accordance with the adopted water or sewer
comprehensive plans that have been approved by the State Departments of Ecology or
Health.
1. Use of reclaimed water for surface percolation must meet the ground water recharge
criteria given in RCW 90.46.080(1) and 90.46.010(10). The State Department of
Ecology may establish additional discharge limits in accordance with RCW
90.48.080(2).
2. Direct injection must be in accordance with the standards developed by authority of
RCW 90.46.042.
E. State and Federal Regulations. The uses listed below shall be conditioned as necessary
to protect critical aquifer recharge areas in accordance with the applicable state and
federal regulations.
Statutes, Regulations, and Guidance Pertaining to Ground Water Impacting Activities
Activity Statute—Regulation—Guidance
Aboveground storage tanks WAC 173-303-640
Animal feedlots Chapter 173-216 WAC, Chapter 173-220 WAC
Part 15.500 Environmental Regulations Page 84 of 85
Automobile washers
Chapter 173-216 WAC, Best Management
Practices for Vehicle and Equipment Discharges
(Washington Department of Ecology WQ-R-95-96)
Below ground storage tanks Chapter 173-360 WAC
Chemical treatment, storage, or disposal of
dangerous waste WAC 173-303-141
Hazardous waste generator (boat repair shops,
biological research facility, dry cleaners, furniture
stripping, motor vehicle service garages,
photographic processing, printing and publishing
shops, etc.)
Chapter 173-303 WAC
Injection wells Federal 40 CFR Parts 144 and 146, Chapter 173-
218 WAC
Junk yards and salvage yards
Chapter 173-304 WAC, Best Management
Practices to Prevent Stormwater Pollution at
Vehicles Recycler Facilities (Washington State
Department of Ecology 94-146)
Oil and gas drilling WAC 332-12-450, Chapter 173-218 WAC
On-site sewage systems (large scale)Chapter 173-240 WAC
On-site sewage systems (< 14,500 gal/day)Chapter 246-272 WAC, Local Health Ordinances
Pesticide storage and use Chapters 15.54 and 17.21 RCW
Sawmills
Chapters 173-303 and 173-304 WAC, Best
Management Practices to Prevent Stormwater
Pollution at Log Yards (Washington State
Department of Ecology, 95-53)
Solid waste handling and recycling facilities Chapter 173-304 WAC
Surface mining WAC 332-18-015
Wastewater application to land surface
Chapter 173-216 and 173-200 WAC, Washington
State Department of Ecology Land Application
Guidelines, Best Management Practices for
Irrigated Agriculture
Part 15.500 Environmental Regulations Page 85 of 85
Chapter 15.550
SHORELINE MANAGEMENT REGULATIONS
Sections:
15.550.010 Establishment of Boundaries.
15.550.020 Regulation of Uses.
15.550.030 Administration and Enforcement.
15.550.010 Establishment of Boundaries. The provisions of the City of Moses Lake Shoreline
Management Master Program together with the map entitled “Shoreline Environment
Designations” shall define the boundaries of the Shoreline Management Area.
15.550.020 Regulation of Uses. The City of Moses Lake Shoreline Management Master shall be used to
regulate uses and shall provide development standards for uses within the Shoreline
Management Area.
15.550.030 Administration and Enforcement. The City of Moses Lake Shoreline Management Master
Program shall be used to administer and enforce the regulations within the Shoreline
Management Area.
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
Part 15.700 Community and Project Design Standards Page 2 of 55
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
Part 15.700 Community and Project Design Standards Page 3 of 55
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
Part 15.700 Community and Project Design Standards Page 4 of 55
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.
Part 15.700 Community and Project Design Standards Page 5 of 55
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
Part 15.700 Community and Project Design Standards Page 6 of 55
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.
Part 15.700 Community and Project Design Standards Page 7 of 55
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 the 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.
Part 15.700 Community and Project Design Standards Page 8 of 55
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.
Part 15.700 Community and Project Design Standards Page 9 of 55
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. Landscaping. Landscaping shall comply with MLUDC Chapter 15.720.
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.
Part 15.700 Community and Project Design Standards Page 10 of 55
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.
Part 15.700 Community and Project Design Standards Page 11 of 55
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
Part 15.700 Community and Project Design Standards Page 12 of 55
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 Title 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.
Part 15.700 Community and Project Design Standards Page 13 of 55
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.
Part 15.700 Community and Project Design Standards Page 14 of 55
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.
Part 15.700 Community and Project Design Standards Page 15 of 55
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.
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
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.
Part 15.700 Community and Project Design Standards Page 16 of 55
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
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
Part 15.700 Community and Project Design Standards Page 17 of 55
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
Part 15.700 Community and Project Design Standards Page 18 of 55
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.
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.
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.
Part 15.700 Community and Project Design Standards Page 19 of 55
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.
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
Part 15.700 Community and Project Design Standards Page 20 of 55
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.
B. Stormwater Infiltration. Infiltration of stormwater shall be accommodated to the extent
possible through limitation of land disturbance and grade changes, retention of existing
Part 15.700 Community and Project Design Standards Page 21 of 55
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 example
below of typical signage:
Part 15.700 Community and Project Design Standards Page 22 of 55
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.
Part 15.700 Community and Project Design Standards Page 23 of 55
Chapter 15.720
LANDSCAPING AND BUFFERING
Sections:
15.720.010 Applicability.
15.720.020 General Landscaping Requirements.
15.720.030 Residential Landscaping.
15.720.040 Buffer Landscaping.
15.720.050 Parking Lot Landscaping.
15.720.060 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 development projects.
2. 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.
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 fifty percent
(50%) or more, with the exception of single family homes and ADU additions.
2. There is a change of use of the existing building that requires an increase of off-
street parking by fifty percent (50%) or more.
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
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.
Part 15.700 Community and Project Design Standards Page 24 of 55
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.
3. 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. 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.
C. 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.
Part 15.700 Community and Project Design Standards Page 25 of 55
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
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 used for vehicle or equipment storage and shall not be
an improved parking surface under Chapter 8.52 MLMC
D. Irrigation of Landscaping. Any 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.
E. 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.
Part 15.700 Community and Project Design Standards Page 26 of 55
5. If landscaping installed in the public right of way requires irrigation, any system
proposed shall meet the minimum technical requirements of Subsection F.
F. 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, or cemeteries.
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.
G. Landscaping Materials. Landscaping shall include drought-tolerant and water efficient
plant materials consistent with City guidelines and the turf limitations of Subsection F.
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.
Part 15.700 Community and Project Design Standards Page 27 of 55
15.720.040 Buffer Landscaping.
A. Buffer Landscaping 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 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
Subject Property Use
Adjacent 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.
Part 15.700 Community and Project Design Standards Page 28 of 55
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:
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.
Part 15.700 Community and Project Design Standards Page 29 of 55
5. Exceptions. No additional street frontage landscaping shall be required along East
Broadway, where the existing trees and turf grass are maintained by the City.
15.720.050 Parking Lot Landscaping.
A. Parking Lot Buffers.
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.
3. No parking is allowed within a required landscape buffer.
B. Parking Lot Interior. At least ten percent (10%) of the parking stall area of lots
containing less than fifty (50) parking spaces, and at least 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.
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.
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. 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. Landscape plans are
processed under the Type I review.
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
Part 15.700 Community and Project Design Standards Page 30 of 55
Occupancy not to exceed six (6) months. However, no permanent Certificate of
Occupancy shall be issued until all required landscaping is completed or security
provided.
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 or
security provided.
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;
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.
Part 15.700 Community and Project Design Standards Page 31 of 55
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.
Part 15.700 Community and Project Design Standards Page 32 of 55
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:
1. Front yard fence height: four feet (4’) or less for solid fences and five feet (5’) or less
for non-sight obscuring fences.
2. Side or rear yard fence height: up to six feet (6’) in height.
3. 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 or the extent of the right-of-way, whichever is greater. No fence shall be
constructed within the right-of-way.
4. 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.
5. 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.
6. 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. g. 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.
Part 15.700 Community and Project Design Standards Page 33 of 55
B. Nonresidential Zoning Districts. The following regulations shall apply to all zoning
districts and overlays, excluding residential districts:
1. Fences shall not exceed eight feet in height without a variance.
2. The height of the fence shall be measured from the base of the fence.
3. 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 or the extent of the right-of-way, whichever is greater. No fence shall be
constructed within the right-of-way.
4. 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
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.
Part 15.700 Community and Project Design Standards Page 34 of 55
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 and Public Easements. No fence shall be constructed within the 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 public easement 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
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.
Part 15.700 Community and Project Design Standards Page 35 of 55
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.
Part 15.700 Community and Project Design Standards Page 36 of 55
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: (1)
reconstruction of a building or structure devoted to a benign nonconforming use when
Part 15.700 Community and Project Design Standards Page 37 of 55
damaged by fire or other natural disasters may be constructed within the same
footprint and height of the structure prior to the damage; and (2) a benign
nonconforming use may be expanded, enlarged, extended, or structurally altered as
long as the intensity of the benign nonconformity is the same or smaller and the use is
authorized by conditional use permit.
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.
Part 15.700 Community and Project Design Standards Page 38 of 55
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.
Part 15.700 Community and Project Design Standards Page 39 of 55
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.
Part 15.700 Community and Project Design Standards Page 40 of 55
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.
Part 15.700 Community and Project Design Standards Page 41 of 55
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.
Part 15.700 Community and Project Design Standards Page 42 of 55
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.
Part 15.700 Community and Project Design Standards Page 43 of 55
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
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
Commercial
or Mixed
Use
On-Premises
Directional No limit 8 square feet 6 feet
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
Industrial
On-Premises
Directional No limit 8 square feet 6 feet
Part 15.700 Community and Project Design Standards Page 44 of 55
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
Public/Parks
and Open
Space
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
Permanent
Freestanding 1 per entrance 25 square feet 8 feet
Multifamily Complex On-Premises
Directional No limit 8 square feet 6 feet
Home Occupation Non-Illuminated
Wall 1 per building 2 square feet Top of Wall
Permanent
Freestanding 1 per site 25 square feet 8 feet
Non-Illuminated
Wall 1 per building 6 square feet Top of Wall
Other Permitted Non-
Residential Use
On-Premises No limit 8 square feet 6 feet
Part 15.700 Community and Project Design Standards Page 45 of 55
Directional
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.
Part 15.700 Community and Project Design Standards Page 46 of 55
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-
mounted on the ground, and not to exceed three feet in height if the sign is
stake-mounted or portable.
Part 15.700 Community and Project Design Standards Page 47 of 55
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:
1. Each use located in a zone where off-premises directional signs are allowed is
permitted one off-premises directional sign.
Part 15.700 Community and Project Design Standards Page 48 of 55
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.
Part 15.700 Community and Project Design Standards Page 49 of 55
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).
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.
Part 15.700 Community and Project Design Standards Page 50 of 55
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.
Part 15.700 Community and Project Design Standards Page 51 of 55
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
Part 15.700 Community and Project Design Standards Page 52 of 55
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.
Part 15.700 Community and Project Design Standards Page 53 of 55
Part 15.700 Community and Project Design Standards Page 54 of 55
Part 15.700 Community and Project Design Standards Page 55 of 55
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.
Part 15.600 SPECIAL USE STANDARDS
Chapter 15.605 CHILDCARE, ADULT CENTERS, AND DAYCARE CENTERS
Chapter 15.610 CARGO CONTAINERS
Chapter 15.615 CRYPTOCURRENCY AND DATA CENTERS
Chapter 15.620 [RESERVED]
Chapter 15.625 ESSENTIAL PUBLIC FACILITIES
Chapter 15.630 HOME OCCUPATION
Chapter 15.635 MARIJUANA BUSINESSES
Chapter 15.640 MINI STORAGES
Chapter 15.645 RV PARKS
Chapter 15.650 SHORT TERM RENTALS
Chapter 15.655 WIRELESS COMMUNICATION FACILITIES
Chapter 15.657 SMALL WIRELESS COMMUNICATION FACILITIES
Chapter 15.660 MISCELLANEOUS SPECIAL USE STANDARDS [RESERVED]
Part 15.600 Special Use Standards Page 2 of 52
Chapter 15.605
CHILDCARE, ADULT CENTERS, AND DAYCARE CENTERS
Sections:
15.605.010 Day Care Defined.
15.605.020 General Provisions.
15.605.010 Day Care Defined. Day Care includes varied establishments for group care of nonresident
adults or children. Specifically:
A.Day Care shall include child day care services, adult day care centers, and the following:
1. Adult day care, such as adult day health centers or social day care as defined by the
Washington State Department of Social and Health Services;
2. Nursery schools for children under minimum age for education in public schools;
3. Privately conducted kindergartens or pre-kindergartens when not a part of a public
or parochial school; and
4. Programs covering after-school care for school children.
B.Day Care establishments are subclassified as follows:
1. Day Care I: a maximum of 12 adults or children in any 24-hour period; and
2. Day Care II: over 12 adults or children in any 24-hour period. Day care II is considered
a day care center and does require a Conditional Use Permit (Type III Review) as
stated in MLUDC Chapter 15.225.
15.605.020 General Provisions. The following applies to the Day Care:
A. Business License Required. A City of Moses Lake Business License Endorsement is
required for all daycares located within the City of Moses Lake.
B. Day Care I. Day Care I shall be processed as a Type I permit.
C. Day Care II. Day care II shall be processed as a Type III permit and shall require the
following minimum conditions:
1. Forty feet (40) of frontage on a public street to accommodate for loading unless
alternative locations can be provided and approved by the Director.
2. One (1) off-street parking space per employee, and one (1) off-street loading space
(ten (10) feet by twenty (20) feet) for every five (5) children beyond the first twelve
(12) children;
3. One hundred fifty (150) square feet of fenced outdoor play space per child, exclusive
of garage area, located in the rear or side yards;
4. Fifty (50) square feet of interior floor space per child;
5. Hours of operation shall be between 6:00 a.m. and 9:00 p.m.;
6. Licensing shall be in accordance with Department of Social and Health Services
regulations;
7. Approval by the Building Official that the facility meets the requirements of the
International Building Code;
8. Confirmation by the Fire Department that the facility meets the requirements of
Chapter 212-12 WAC; and
9. No structural or decorative alternative, which will alter the single-family character of
an existing or proposed residential structure or be incompatible with surrounding
residences is permitted.
Part 15.600 Special Use Standards Page 3 of 52
D. Passenger Loading Area. A safe passenger loading area must be provided for both Day
Care I and Day Care II
Part 15.600 Special Use Standards Page 4 of 52
Chapter 15.610
CARGO CONTAINERS
Sections:
15.610.010 Applicability.
15.610.020 General Provisions.
15.610.010 Applicability. Cargo containers, sometimes referred to as “shipping containers” or “storage
containers”, can be used for a wide variety of land uses such as commercial and industrial.
They can be temporary or permanent structures, depending on the use.
15.610.020 General Provisions. The following applies to the installation and use of new cargo containers.
A. Cargo containers are allowed in the commercial and industrial zones and shall be
processed as a Type I permit. Cargo containers are prohibited in the residential zones.
Cargo containers are not a use but an alternative form of storage. The use of the cargo
container shall conform with the standards of the underlying zoning district.
B. Storage of junk, inoperable vehicles, scrap materials, garbage, or the like is strictly
prohibited in cargo containers.
C. Cargo containers shall not be used for any types of human occupancy or animal sheltering.
D. Cargo containers shall not be stacked.
E. Cargo containers must be placed on an improved surface such as gravel, asphalt, or
concrete, and must be placed fully on said surface and any axles must be removed.
F. Cargo containers shall comply with the underlying zone building setback requirements.
G. Materials stored within cargo containers are subject to review and approval by the fire
department. Cargo containers used in conjunction with a business regardless of zoning
are also subject to review and approval by the fire district.
H. Licensed and bonded contractors may use cargo containers on-site for the temporary
location of an office, equipment, or materials storage structure during construction which
is taking place on the property.
I. For permanent commercial and industrial uses, cargo containers must undergo standard
building permit procedures.
J. Temporary use of commercial or industrial cargo containers will be determined on a case-
to-case basis on the authority of the Director. Time limits may be set and inspections
required.
Part 15.600 Special Use Standards Page 5 of 52
Chapter 15.615
CRYPTOCURRENCY AND DATA CENTERS
Sections:
15.615.010 Development Requirements.
15.615.010 Development Requirements. All cryptocurrency mining operations, server farms, or data
centers where allowed by the district use chart shall meet the following standards unless
otherwise regulated within this code:
A. Application Type. Application for a business license shall be processed as a Type I permit.
B. Use of Storage Containers. The use of cargo containers, railroad cars, semi-truck trailers
and other similar storage containers for any component of the operation is only allowed
in the industrial zones as long as the unit is new, pre-engineered and certified by the
Department of Labor and Industries.
C. Grant PUD Verification. Prior to approving the business license, the Applicant shall
provide written verification from the Grant County Public Utility District (PUD) stating the
following:
1. Adequate capacity is available on the applicable supply lines and substation to ensure
that the capacity available to serve the other needs of the planning area is consistent
with the normal projected load growth envisioned by the PUD;
2. Utility supply equipment and related electrical infrastructure are sufficiently sized and
can safely accommodate the proposed use; and
3. The use will not cause electrical interference or fluctuations in line voltage on and off
the operating premises.
D. Electrical Permit. Prior to any cryptocurrency mining, server farms, and/or data centers,
a copy of the Washington State Department of Labor and Industries electrical permit and
written verification that the electrical work has passed a final inspection shall be provided
to the City and the PUD.
E. Performance Standards. All cryptocurrency mining operations, server farms, or data
centers, including all ancillary equipment/operations for purposes such as cooling, shall
be designed, constructed, operated, and maintained so as to be harmonious and
appropriate in appearance with the existing or intended character of the surrounding
properties and not cause the dissemination of dust, smoke, glare, heat, vibration or noise
in excess of the maximum environmental noise level established by City Code or Chapter
173-60 WAC beyond the property line or affecting adjacent buildings. Violation of these
established noise levels will result in revocation of a City business license pursuant to City
Code or any other applicable penalties.
F. Façade. No facade shall have more than twenty percent (20%) of the area exposed with
apparatus (e.g., vents, fans, HVAC systems, etc.).
G. Impacts Beyond Property Line. Any use or activity producing air, noise, exhaust, heat, or
humidity in any form shall be carried on in such a manner that it is not perceptible at or
beyond the property line.
H. Electrical or Magnetic Fields. 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.
Part 15.600 Special Use Standards Page 6 of 52
I. 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 15.615.010 – Maximum Permissible Environmental Noise Levels
from a Cryptocurrency Mining Operation, Server Farm, or Data Centers
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.
Part 15.600 Special Use Standards Page 7 of 52
Chapter 15.620
[RESERVED]
Part 15.600 Special Use Standards Page 8 of 52
Chapter 15.625
ESSENTIAL PUBLIC FACILITIES
Sections:
15.625.010 Purpose and Intent.
15.625.020 Specifically Identified Essential Public Facilities.
15.625.030 Essential Public Facilities Not Listed.
15.625.040 Identifying Essential Public Facilities Not Listed.
15.625.050 Required Application Information and Analysis.
15.625.060 Siting Procedures.
15.625.070 Development Agreements Allowed.
15.625.010 Purpose and Intent. The purpose of this Chapter is to define the process for identifying and
siting Essential Public Facilities (EPFs). EPFs are public facilities that are typically difficult to
site. EPFs provide a public service, can be publicly or privately owned, can be both new and
existing facilities, and include the expansion of existing EPFs.
It is the intent of this Chapter to comply with the requirements of RCW 36.70A.200 and other
related state laws. It is not the City’s intent to preclude the siting of any EPFs.
15.625.020 Specifically Identified Essential Public Facilities. The following facilities are considered
Essential Public Facilities and subject to the siting process outlined in this Chapter:
A.Airports;
B.State education facilities;
C.State or regional transportation facilities as defined in RCW 47.06.140. These include:
1. The interstate highway system;
2. Interregional state principal arterials including ferry connections that serve statewide
travel;
3. Intercity passenger rail services;
4. Intercity high-speed ground transportation;
5. Major passenger intermodal terminals excluding all airport facilities and services;
6. The freight railroad system;
7. The Columbia/Snake navigable river system;
8. Marine port facilities and services that are related solely to marine activities affecting
international and interstate trade;
9. High capacity transportation systems.
D.Regional transit facilities as defined in RCW 81.112.020;
E.State and local correctional facilities;
F.Solid waste handling facilities;
G.Opioid treatment programs including both mobile and fixed-site medication units;
H.Recovery residences;
I.Harm reduction programs excluding safe injection sites;
J.In-patient facilities, including:
1. Substance use disorder treatment facilities;
Part 15.600 Special Use Standards Page 9 of 52
2. Mental health facilities;
3. Group homes;
4. Community facilities as defined in RCW 72.05.020; and
5. Secure community transition facilities as defined in RCW 71.09.020.
15.625.030 Essential Public Facilities Not Listed. Any facility not specifically listed as an EPF in 15.625.020
is presumed to not be subject to this Chapter. A proposed facility that could reasonably be
considered an EPF shall be subject to the process of determination outlined in 15.625.040
below. Seeking such a determination may be initiated by an Applicant for such a facility, or by
the City at any time.
15.625.040 Identifying Essential Public Facilities Not Listed.
A. In General. Some proposed uses and facility types that are not specifically designated as
an EPF should be determined to be an EPF and be subject to the provisions of this Chapter.
Other uses may have similarities to EPFs but should be determined to not be an EPF and
therefore not be subject to the siting process in this Chapter. The EPF siting process in this
Chapter shall not be used to obtain approval for projects that are not EPF.
B. Determination. The Director or designee shall be the Final Decision Maker as to whether
a proposed use or facility is an EPF or not. Such a determination shall be considered a
Type I Code Interpretation.
C. Required Findings. A proposed use or facility shall be determined to be an EPF only if it is
found that:
1. The facility provides or is necessary to provide a public service which is essential to
the common good; and
2. The facility is difficult to site.
D. Criteria to Determine if Difficult to Site. In determining whether a proposed use or facility
is difficult to site, the following criteria shall be considered, any one or more of which may
be a sufficient basis for the required finding:
1. The public facility needs a specific type of site of such as size, location, or available
public services, of which there are few choices;
2. The public facility needs to be located near another public facility or is an expansion
of an essential public facility at an existing location;
3. The public facility has, or is generally perceived by the public to have, significant
adverse impacts that make it difficult to site;
4. Use of the normal development review process would effectively preclude the siting
of the facility; and
5. Development regulations require the proposed facility to use an essential public
facility siting process.
15.625.050 Required Application Information and Analysis. Applicants for Essential Public Facilities shall
provide project information and an analysis of the alternative sites considered for the
Part 15.600 Special Use Standards Page 10 of 52
proposed facility. In addition to any other required application contents, the following
information and analysis shall be included:
A.A detailed written description of the proposed and potential public services to be
provided, the source or sources of funding, and identification of any applicable public
regulatory agencies;
B.A written statement of the need, in statistical or narrative form, for the proposed project
currently and over the following ten (10) year period;
C.An inventory of known, existing or proposed facilities, by name and address, within Grant
County, or within the region, serving the same or similar needs as the proposed project;
D.An analysis of the proposal’s consistency with the City of Moses Lake Comprehensive Plan
and development regulations;
E.An explanation of the need and suitability for the proposed facility in the proposed City
location(s);
F.An evaluation of the site’s capability to meet basic siting criteria for the proposed facility,
such as: size, physical characteristics, access, and availability of necessary utilities and
support services;
G.The site’s relationship to the service area and the distribution of other similar public
facilities within the service area or jurisdiction, whichever is larger;
H.A general description of the relative environmental, traffic, and social impacts associated
with locating the proposed facility at the proposed and alternative sites which meet the
Applicant’s basic siting criteria. The Applicant shall also identify proposed mitigation
measures to alleviate or minimize significant potential impacts;
I. A brief description of the process used to identify and evaluate the alternative sites; and
J.Any such information requested by staff.
15.625.060 Siting Procedures.
A. In General. All Essential Public Facilities shall be subject to the requirements of this
section. This process is intended to identify the most appropriate location for a proposed
EPF and shall not be used to preclude their siting.
B. Legislative Decision. Given the nature of these facilities and the need to balance
competing interests, the Final Decision for approving the siting of an EPF shall be made
by the City Council. Generally, an application for an EPF shall follow a Type IV process, and
the City Council may opt to hold the public hearing before the City Council.
C. City Analysis. The Director or designee is responsible for performing and compiling an
appropriate analysis that will aid the City Council in their final determination on the siting
of a proposed EPF. The Director may form an ad-hoc committee whose composition is
entirely within their discretion. A final Staff Report shall be completed and promulgated
at times appropriate to comply with the notice procedures for a Type IV application.
D. Review Criteria. In making its final recommendation to the City, the Director or designee
shall consider the following:
Part 15.600 Special Use Standards Page 11 of 52
1. Whether the proposed site is adequate in size and shape for the proposed project
and the use conforms, or can aesthetically conform, to the general character of the
neighborhood;
2. Whether other potential sites were considered, what those other potential sites are,
and how they compare to the proposed site;
3. Whether the proposed EPF is compatible with the following:
a. Availability and physical constraints of land;
b. Adjacent and nearby land uses;
c. Likely adverse environmental impacts, including but not limited to erosion,
sensitive areas, noise, odor, traffic, and air and water quality;
d. Basic infrastructure standards, such as vehicular traffic, and the availability of
necessary utilities and services;
e. The City’s Comprehensive Plan, development regulations, and SEPA regulations.
f. Other nearby sensitive uses that may be directly or indirectly incompatible with
the EPF;
g. Any existing and applicable interjurisdictional agreements.
h. Any supplemental siting criteria found in Chapter 71.09 RCW, Chapter 72.05 RCW,
or any other applicable local, state, or federal regulations. In addition, no secure
community transition facility shall be sited closer than five hundred (500) feet
from any residentially zoned property.
4. If applicable, the proportionate financial burdens of the proposed EPF on the City and
other affected jurisdictions, and whether they are reasonably mitigated as provided
in any inter-jurisdictional agreement, development agreement, or by other means.
15.625.070 Development Agreements Allowed. Nothing in this Chapter precludes the possibility of the
City and an Applicant for an EPF entering into a Development Agreement that allows the siting
of the proposed EPF in a location and manner that is agreeable to both parties under MLUDC
Chapter 15.230. This option is voluntary, for both parties, and extends an option to the City
and Applicants to site a desired facility in a way that might deviate from specific standards in
this Chapter.
Part 15.600 Special Use Standards Page 12 of 52
Chapter 15.630
HOME OCCUPATION
Sections:
15.630.010 Home Occupation Defined.
15.630.020 General Requirements.
15.630.030 Table of Permitted Home Occupations.
15.630.040 Application Requirements.
15.630.050 Unclassified Home Occupations.
15.630.060 Home Occupations Not Permitted.
15.630.070 Denial of Application for a Home Occupation.
15.630.080 Revocation of Home Occupation Permit.
15.630.090 Appeal.
15.630.010 Home Occupation Defined. A home occupation is the accessory use by a person of a dwelling
unit or structure on the same lot in a residential district where the person resides for gainful
employment involving the manufacture or provision of goods or services for sale, or the
administrative office for an occupation conducted away from home. A home occupation
whose primary purpose is the display and sales of retail goods is prohibited.
15.630.020 General Requirements.
A. Maximum Square Footage. Home occupations shall occupy not more than four hundred
(400) square feet total.
B. Performance Standards. Home occupations shall emit no noise, air pollutants, waste
products, or other effects detrimental to the environment or the neighborhood beyond
those normally emanating from residential use. Further, any occupation which may
produce waste products of a quality or quantity not normally associated with residential
use shall not qualify as a home occupation.
C. Compliance with Laws. Home occupations shall comply with all other local, state, or
federal regulations pertinent to the activity pursued, and the requirements or permission
granted or implied by this Chapter shall not be construed as an exemption from such
regulations.
D. Business License. Any person engaging in a home occupation shall register as a business
under Chapter 5.05 MLMC.
E. Structural Alterations. Structural alterations made to accommodate a home occupation
shall be similar in material and style to the principal structure.
F. Exterior Display. No merchandise or stock in trade may be sold, displayed, or stored on
any portion of the exterior of the premises.
G. Exterior Storage. No equipment or material may be stored, altered, or repaired on any
exterior portion of the premises.
H. Limit on Employees. No persons other than bona fide residents of the dwelling unit may
be employed in the home occupation at the site. This limitation shall not apply to Day
Care I uses.
I. Limit on Traffic. Traffic generated by home occupations shall not exceed two (2)
commercial vehicles per week. The maximum number of vehicles trips per day for the
home occupation shall not exceed twenty (20) vehicle trips by customers, clients, or off-
Part 15.600 Special Use Standards Page 13 of 52
site employees. As used here, a trip is considered either the arrival or the departure of a
vehicle from the household. For example, one vehicle making a delivery and then leaving
immediately would be considered two trips. This limitation shall not apply to Day Care I
uses.
J. Parking. Parking of customers’ or clients’ vehicles shall create no hazard or unusual
congestion. Parking of customers’ or clients’ vehicles shall be off-street.
K. Incidental Use. The home occupation shall be incidental and subordinate to the principal
use of the structure as a dwelling.
L. Use of Utilities. The home occupation shall not increase the water or sewer use so that
the combined total use for the dwelling and the home occupation is significantly more
than the average for residences in the neighborhood.
M. Mechanical Equipment. No mechanical equipment shall be permitted except that which
is normally associated with residential uses.
N. Signs. See MLUDC Chapter 17.735, Signs.
O. Harmony with Surrounding Neighborhood. In granting approval for a home occupation,
the reviewing official may attach additional conditions to ensure the home occupation
will be in harmony with, and not detrimental to, the character of the residential
neighborhood.
P. Inspection. Any home occupation authorized under the provisions of this MLUDC shall be
open to inspection and review at all reasonable times by enforcement officials for
purposes of verifying compliance with the conditions of approval and other provisions of
this code.
15.630.030 Table of Permitted Home Occupations.
Table 15.630.040 – Permitted Home Occupations
and Level of Review
Business Type Level of Review
Accountant 1
Architect 1
Artist, arts and crafts 1
Attorney 1
Author 1
Bakery, off-site sales 1
Barbershop, beauty parlor 2
Business administration 1
Caterer 1
Ceramics and sculpting 1
Composer 1
Computer programmer/data
processing 1
Consulting services (engineer,
planner, financial, tax, etc.)1
Part 15.600 Special Use Standards Page 14 of 52
Day Care I (see MLUDC Chapter
15.610)2
Direct sales/product
distribution 1
Dog grooming 2
Dressmaker, seamstress, tailor 1
Drafting and graphic 1
Engineer 1
Flower arrangement 1
Insurance agent 1
Locksmith 1
Photographer (not including
productions studio)1
Physician 1
Mail/phone/internet order 1
Music teacher 1
Production of small articles by
hand without the use of
automated or production line
equipment
1
Real estate agent 1
Tutor 1
Typing/secretarial service 1
Watch/clock repair 1
Unclassified home occupations See MLUDC
15.630.050
1 = Permitted Home Occupations Type I Review
2 = Permitted Home Occupations Type II Review
3 = Permitted Home Occupations Type III Review
15.630.040 Application Requirements. In addition to the general application requirements of the
designated review level, Applicants for a home occupation permit must submit a written
explanation of their proposal, detailing items such as anticipated traffic generation, hours of
operation, proposed signage, the nature of the proposed business, and other information as
required by the Director.
15.630.050 Unclassified Home Occupations. Home occupations not listed in the Table of Permitted Home
Occupations and MLUDC 15.630.070 shall be reviewed and classified by the Director;
provided, any unclassified home occupation permitted after review and classification by the
Director in a particular zone district shall be allowed only as a Level II or III use.
15.630.060 Home Occupations Not Permitted.
A. Prohibited Home Occupations. The following uses, by the nature of their operation or
investment, have a pronounced tendency, once started, to increase beyond the limits
Part 15.600 Special Use Standards Page 15 of 52
permitted for home occupations, or to generate nuisance conditions, and impair the use
and value of a residentially zoned area for residential purposes. Therefore, the uses listed
below shall not be permitted as home occupations:
1. Ambulance service;
2. Vehicle or engine repair, alteration, or rebuilding;
3. Antique shop or gift shop;
4. Kennel;
5. Veterinary clinic or hospital;
6. Painting of vehicles, trailers, or boats;
7. Large appliance repair including stoves, refrigerators, washers and dryers;
8. Upholstering;
9. Machine and sheet metal shops;
10. Martial arts school;
11. Woodcutting for the purpose of selling or bartering firewood;
12. Brewing, distilling or winemaking for other than personal consumption;
13. Cabinet, carpentry work;
14. Dentist;
15. Radio and television repair;
16. Small engine repair;
17. Vehicle washing, cleaning or detailing.
15.630.070 Denial of application for a home occupation. An application for a home occupation shall be
denied if the approving authority finds that either the application or record fail to establish
compliance with the provisions of this Chapter. When any application is denied, the approving
authority shall state the specific reasons, and shall cite the specific provisions and sections of
the MLUDC on which the denial is based.
15.630.080 Revocation of Home Occupation Permit.
A. Revocation Procedure. Upon inspection of the premises, receipt of a written complaint,
or during review of the permit, the Director may revoke a home occupation permit
approval if the conditions of approval have not been complied with or the home
occupation is otherwise conducted in a manner contrary to this Chapter. Any written
complaints will be investigated by the Director and the home occupation operator shall
have a reasonable opportunity to provide a written response to the complaint prior to
final action by the Director.
B. Appeal of Revocation. The final decision of the Director may be appealed by the home
occupation operator by filing a written notice with the City Manager within ten (10)
business days after the date of the revocation decision. The written appeal notice must
contain at a minimum the following information:
1. A brief statement of what is being appealed;
2. A statement of the relief sought and the reasons why the city official’s determination
should be reversed, modified or set aside;
3. The property owner’s or violator’s current address;
4. Identification of any witness testimony, photographs, or documentary evidence to be
presented; and
Part 15.600 Special Use Standards Page 16 of 52
5. A statement or verification under penalty of perjury, made by the appellant as to the
truth of the matters stated in the appeal, pursuant to RCW 9A.72.085.
15.630.090 Appeal. Decisions regarding home occupations may be appealed to the appropriate appellate
body as prescribed in MLUDC Chapter 20.215.
Part 15.600 Special Use Standards Page 17 of 52
Chapter 15.635
MARIJUANA BUSINESSES
Sections:
15.635.010 Purpose.
15.635.020 Applicability.
15.635.030 Marijuana Cooperatives.
15.635.040 Marijuana Operations.
15.635.050 Violations.
15.635.010 Purpose. The purpose of this Chapter is to regulate marijuana producers, processors, and
retailers regulated under Chapters 69.50 and 69.51A RCW by identifying appropriate land use
zones and establishing development and performance standards. Marijuana producers,
processors, and retailers shall only be permitted when licensed by the Washington State
Liquor and Cannabis Board (WSLCB). Marijuana cooperatives shall only be permitted when
they are registered with the WSLCB.
15.635.020 Applicability. No part of this Chapter is intended to or shall be deemed to conflict with federal
law, including, but not limited to, the Controlled Substances Act, 21 U.S.C. § 800 et seq., or
state law, including, but not limited to, the Uniform Controlled Substances Act (chapter 69.50
RCW) and the Cannabis Patient Protection Act (Chapter 69.51A RCW), nor to otherwise permit
any activity that is prohibited under either act, or any other local, state, or federal law, statute,
rule or regulation.
15.635.030 Marijuana Cooperatives. Nothing in this Chapter shall be construed to require the filing of an
application for, or the issuance of, a permit from the City of Moses Lake as a condition of
engaging in an activity which is subject to the provisions of this section; provided, however,
all marijuana cooperatives shall comply with the applicable requirements of Chapter 314-55
WAC, including but not limited to the following:
A. All members must be at least twenty-one (21) years of age. The designated provider of a
qualifying patient under twenty-one (21) years of age may be a member of a cooperative
on the qualifying patient’s behalf.
B. All members must hold valid recognition cards.
C. A member can only belong to one cooperative.
D. A member may only grow plants in the cooperative and may not grow plants elsewhere.
E. Members must participate in growing plants. A monetary contribution or donation is not
considered assistance. Members must provide nonmonetary resources and assistance in
order to participate.
F. Members may grow up to the total amount of plants for which each member is authorized
on their recognition cards. At the location, the qualifying patients or designated providers
may possess the amount of useable marijuana that can be produced with the number of
plants permitted, but no more than seventy-two (72) ounces.
G. Members may not sell, donate, or otherwise provide marijuana, marijuana concentrates,
useable marijuana, or other marijuana-infused products to a person who is not a member
of the cooperative.
H. A cooperative may not be located within a one-mile radius of a marijuana retailer.
Part 15.600 Special Use Standards Page 18 of 52
I. A cooperative must be located in the domicile of one of the members. Only one
cooperative may be located per property tax parcel.
J. To obscure public view of the premises, outdoor marijuana production must be enclosed
by a sight obscuring wall or fence mat the maximum and in compliance with the
underlying zoning district.
K. Cooperatives must be registered with the WSLCB, per the criteria and guidelines outlined
in WAC 314-55-410.
15.635.040 Marijuana Operations.
A. General Requirements. All recreational marijuana producers, processors and retail
outlets are subject to all applicable definitions and requirements of Chapters 69.50 and
69.51A RCW, Chapter 314-55 WAC and other state statutes, as they now exist or may be
amended, and must also operate in compliance with the following provisions.
1. Marijuana producers, processors and retail outlets shall be subject to all applicable
standards of City development regulations.
2. Marijuana producers, processors and retail outlets shall obtain a City business license.
All such businesses shall first obtain an appropriate license issued by the WSLCB
before applying for a City business license.
3. Any Applicant for a marijuana producer, processor or retailer’s license under Chapter
69.50 RCW shall, no later than sixty (60) calendar days prior to issuance of its license
by the WSLCB, provide individual notice of the license which includes contact
information for the WSLCB to any elementary or secondary school, recreation center
or facility, child care center, church, public park, public transit center, library, or any
game arcade, admission to which is not restricted to persons aged twenty-one (21)
years or older, that is located within one thousand (1,000) feet of the of the perimeter
of the grounds of the proposed marijuana business location.
4. Marijuana producers and processors shall not be permitted within one thousand
(1,000) feet of the perimeter grounds of the following entities:
a. Elementary or secondary schools.
b. Playground.
c. Recreation center or facility.
d. Childcare center.
e. Public Park.
f. Public transit center.
g. Library; or
h. Any game arcade (where admission is not restricted to persons age twenty-one
(21) or older).
5. Marijuana producers and marijuana processors may not locate within one thousand
(1,000) feet of any parcel zoned as residential.
6. Marijuana retail outlets shall not be permitted within either:
a. One thousand (1,000) feet of the perimeter grounds of the following entities:
i. Elementary or secondary schools; or
ii. Playground.
b. Five hundred (500) feet of the perimeter grounds of the following entities:
i. Recreation center or facility.
Part 15.600 Special Use Standards Page 19 of 52
ii. Childcare center.
iii. Public Park.
iv. Public transit center.
v. Library; or
vi. Any game arcade (where admission is not restricted to persons age twenty-
one (21) or older).
7. Odor shall be treated prior to venting to exterior space. The ventilation shall be
designed maintained in a working order to remove odor. At no point in time shall odor
travel beyond the property lines.
B. Residential Zones. No recreational marijuana producer, processor or retail operation may
locate within any residentially zoned district or within any residential unit in the City.
C. Measurement. For purposes of the distance restrictions in this Chapter, the distance shall
be measured as the shortest straight-line distance from property line to property line
between the marijuana facility and the restricted entity, or from property line to property
line between two separate marijuana facilities.
D. Signs. Signage shall comply with Chapter 314-55 WAC and MLUDC Chapter 15.735
requirements, whichever is more restrictive, with no off-site signage permitted.
E. Exterior Displays. There shall be no exterior display of marijuana or marijuana cultivation
outside of the premises of a marijuana producer, processor, or retail outlet that is visible
from the public right-of-way or public place.
F. Marijuana Retail Outlets.
1. No drive-through marijuana retail outlets are allowed.
2. Marijuana retail outlets shall be permitted in accordance with the use tables in
MLUDC Chapter 15.405.
3. Marijuana retail outlets shall not be located closer than five hundred (500) feet from
another marijuana retailer. In addition:
a. If two or more marijuana retail outlet Applicants seek licensing from the state and
propose to locate within five hundred (500) feet of each other, the City shall
consider the entity who is licensed first by the WSLCB to be the “first-in-time”
Applicant who is entitled to site the retail use. First-in-time determinations will
be based on the date and time of the state-issued license or conditional license,
whichever is issued first. The Director shall make the first-in-time determination,
whether in connection with an application for an administrative conditional use
permit or as otherwise appropriate.
b. First-in-time determinations are location-specific and do not transfer or apply to
a new property or site unless the new site is within the same tax parcel.
G. Marijuana Producers and Processors.
1. Recreational marijuana producers or processors shall be permitted in accordance with
the use tables in MLUDC Chapter 15.405.
2. The production and processing of marijuana shall take place indoors, entirely within
a permanent enclosed structure with a roof. The structure shall comply with all
applicable code requirements.
3. Waste products must be disposed of in a secure manner that would prevent exposure
to the public or create a nuisance.
Part 15.600 Special Use Standards Page 20 of 52
I. Conflicts. In the event of a conflict between Chapters 69.50 and 69.51A RCW, Chapter
314-55 WAC, and this Chapter, the most restrictive provision shall apply.
15.635.050 Violations.
A. It is a violation of this Chapter for any person owning, leasing, occupying or having charge
or possession of any parcel of land within any incorporated area of the City of Moses Lake
to cause or allow such parcel of land to be used for the cultivation of marijuana or
cannabis plants for medicinal purposes in excess of or contrary to the limitations and
restrictions set forth herein.
B. The cultivation of more than the number of cannabis plants set forth in this chapter on
any one legal parcel housing unit within the City of Moses Lake, regardless of whether the
persons growing the cannabis is/are a “qualified patient,” or members of a “collective
garden medical cannabis cooperative” as defined herein, is hereby prohibited.
C. Civil penalties. The violation or failure to comply with any provision of this Chapter shall
constitute a civil violation and may be enforced under the provisions of this code;
provided, however, that this Chapter shall not be construed as preventing the
enforcement of alternative criminal penalties under applicable provisions of state or
federal law.
D. Violations of this Chapter are deemed to be a public nuisance as set forth in Chapters 1.20
and 8.14 MLMC and may be abated by the City of Moses Lake under the procedures set
forth in these Chapters or state law for the abatement of public nuisances.
Part 15.600 Special Use Standards Page 21 of 52
Chapter 15.640
MINI STORAGES
Sections:
15.640.010 Mini Storage Use Restrictions.
15.640.020 Mini Storage Development Standards – General Commercial and Business Zone
(C-2).
15.640.030 Mini Storage Development Standards – High Density Residential (R-3).
15.640.040 Mini Storage Development Standards – Industrial Zone (L-I) and (H-I).
15.640.010 Mini Storage Use Restrictions. Mini storage facilities and 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.
15.640.020 Mini Storage Development Standards – General Commercial and Business Zone (C-2).
A.The maximum lot size is one hundred thirty-two thousand (132,000) square feet. Existing
mini-storage businesses are permitted to expand or construct new buildings within
parcels being used for mini-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.
B.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 Director.
C. All developments shall comply with the state fire code as adopted by the City in Title 16
MLMC, including but not limited to requirements for fire apparatus access roads.
D.All developments shall comply with parking, landscape and buffering, sign, and outdoor
lighting requirements set forth in MLUDC Part 15.700.
15.640.030 Mini Storage Development Standards – High Density Residential (R-3).
A.The maximum lot size is one hundred thirty-two thousand (132,000) square feet. Existing
mini-storage businesses are permitted to expand or construct new buildings within
parcels being used for mini-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.
B.Outdoor storage is prohibited. All goods and property stored at a mini-storage shall be
stored in an enclosed building. No outdoor storage of boats, RVs, vehicles, or similar
equipment is permitted
C.All non-landscaped surfaces shall be paved with asphalt, concrete, or other similar hard
surface pavement as approved by the Director.
D. All developments shall comply with the state fire code as adopted by the City in Title 16
MLMC, including but not limited to requirements for fire apparatus access roads.
E.All developments shall comply with parking, landscape and buffering, sign, and outdoor
lighting requirements set forth in MLUDC Part 15.700.
Part 15.600 Special Use Standards Page 22 of 52
15.640.040 Mini Storage Development Standards – Industrial Zone (L-I) and (H-I).
A.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 Director.
B. All developments shall comply with the state fire code as adopted by the City in Title 16
MLMC, including but not limited to requirements for fire apparatus access roads.
C.All developments shall comply with parking, landscape and buffering, sign, and outdoor
lighting requirements set forth in MLUDC Part 15.700.
Part 15.600 Special Use Standards Page 23 of 52
Chapter 15.645
RV PARKS
Sections:
15.645.010 Recreational Vehicle Park.
15.645.010 Recreational Vehicle Park. Recreational vehicle parks shall be permitted in accordance with
the use tables in MLUDC Chapter 15.405, subject to the following performance standards:
A. Minimum Size of the Recreational Vehicle Park. One hundred thousand (100,000) square
feet.
B. Maximum Gross Density. One recreational vehicle space per each two thousand (2,000)
square feet of land area.
C. Recreational Space. A minimum of fifteen percent (15%) of the recreational vehicle park
area, excluding the area dedicated to permitted uses, accessory uses, and critical areas,
shall be set aside and maintained for guest open space recreation. The open space shall
be accessible and usable. The area requirement may be reduced to ten percent (10%) if
substantial and appropriate recreational facilities such as recreational buildings,
swimming pool, or tennis courts are provided.
D. Minimum Width. Each recreational vehicle space shall have a minimum width of twenty-
five (25) feet.
E. Interior Private Streets.
1. Twelve (12) feet of width per each travel lane and ten (10) feet of width per each
parking lane. A minimum of twenty (20) feet shall be provided for one-way systems;
and
2. The streets shall be improved in accordance with street standards of the City’s Public
Works Standards except as modified herein. In addition, all streets shall be well-
drained, well-lighted, and continuously maintained in operable condition.
F. Spacing Between Units. There shall be a minimum side-to-side dimension of twelve (12)
feet between units and a minimum end-to-end dimension of ten (10) feet between units.
G. Minimum Setbacks Required. The following setback requirements shall apply:
1. Twenty-five (25) feet from a public street;
2. Five (5) feet from an interior private street; and
3. Fifteen (15) feet from the park boundary.
H. Off-street Parking. A minimum of one off-street parking space shall be required for each
recreational vehicle space. It shall be located within the recreational vehicle space. In
addition, one (1) off-street parking space per each three (3) recreational vehicle spaces
shall be required for guest parking. The guest parking spaces shall be grouped and
distributed evenly throughout the park.
I. Pedestrian Walkways. Pedestrian walkways having a width of not less than four feet shall
be provided from the recreational vehicle spaces to all service buildings, and facilities,
refuse collection areas, and recreation areas. The walkways shall be hard-surfaced, well-
drained, and well-lighted.
J. Landscaping. See MLUDC Chapter 15.570 for applicable landscaping standards.
K. Limit of Stay. No recreational vehicle shall remain within in a recreational vehicle park for
more than one hundred twenty (120) calendar days in any one-year period;
Part 15.600 Special Use Standards Page 24 of 52
L. Solid Waste Disposal. The storage, collection, and disposal of solid waste in recreational
vehicle parks shall be so conducted as to create no health hazards, rodent harborage,
insect breeding areas, or accident or fire hazards. Individual or grouped refuse containers
must be screened from view except on collection day in accordance with MLUDC Chapter
15.725.
M. Utilities. The following requirements for utilities shall apply:
1. Water system. A water supply system shall be provided in the recreational vehicle
park for each recreational vehicle space designed to accommodate the park user
occupying a self-contained recreational vehicle, the water system for a recreational
vehicle park shall be constructed and maintained in accordance with all applicable
state and local codes and regulations.
2. Watering stations. Each recreational vehicle park shall be provided with one (1) or
more accessible water supply outlets for filling recreational vehicle water storage
tanks.
3. Sewage disposal system. An adequate and safe sewage disposal system shall be
provided in a recreational vehicle park for each recreational vehicle space designed
to accommodate the park user occupying a self-contained vehicle and shall be
connected to the public sewage system. The sewage disposal system in a recreational
vehicle park shall be constructed and maintained in accordance with all applicable
state and local codes and regulations.
4. Sanitary stations. Each recreational vehicle park shall be provided with sanitary
dumping stations in the ratio of one (1) for every one hundred (100) recreational
vehicle spaces or fractional part thereof. The construction of the sanitary station shall
be in accordance with the appropriate county department of health. Sanitary stations
shall be screened from other activities by a visual barrier such as fences, walls, or
natural growth and shall be separated from any recreational vehicle space by a
distance of not less than fifty (50) feet.
5. Electrical supply system. Each recreational vehicle park shall be provided with an
underground electrical system which shall be installed and maintained in accordance
with all applicable state and local codes and regulations.
6. Other utility systems. If other utility systems such as natural gas, television cable, or
telephone are installed in a recreational vehicle park, such installation shall be in
accordance with state and local codes and regulations. Installation shall occur
underground.
7. Restroom and Shower Facilities. Restroom and shower facilities shall be provided.
One (1) restroom facilities shall be provided for every fifteen (15) park spaces. The
showers shall have hot and cold running water.
N. Visibility. All recreational vehicle spaces shall be well marked and numbered.
O. Lighting. All recreation vehicle parks shall have adequate lighting in accordance with
MLUDC Chapter 15.740.
P. Street Access. A recreational vehicle park road at a street intersection shall be designed
for safe, convenient, and limited ingress and egress to minimize friction with free
movement of traffic on adjacent streets. The street access shall conform to City driveway
and access control standards of Moses Lake Municipal Code Chapters 12.08 and 12.10 as
determined by the City Engineer. The street access shall be designed for a minimum of
Part 15.600 Special Use Standards Page 25 of 52
one hundred feet (100’) sight distance for grade intersection with stop control. Sight
distance is defined as the distance that a driver of a stopped vehicle on a park road can
see along the street in either direction, as compared to the distance required for safe
operation. The City Engineer may increase the required sight distance based on accepted
intersection design principles.
Q. Owner’s Responsibility. The owner of a recreational vehicle park shall be responsible for
its development, improvement, maintenance, and management. A recreational vehicle
park shall have an on-site manager available twenty-four (24) hours per day, seven (7)
days per week.
R. Permitted Zoning. A recreational vehicle park is permitted in accordance with the use
tables in MLUDC Chapter 15.405. These standards and requirements shall supersede the
standards and requirements of the underlying zone(s), unless otherwise specified.
S. Business Licensing. All recreation vehicle parks shall hold an active Business License with
the City of Moses Lake and shall maintain good standing with the state and local
government and taxing jurisdictions.
Part 15.600 Special Use Standards Page 26 of 52
Chapter 15.650
SHORT TERM RENTALS
Sections:
15.650.010 Intent.
15.650.020 Permitted Zones.
15.650.030 Eligible Dwellings and Limitations.
15.650.040 Application for Short Term Rental Approval.
15.650.050 Criteria for Endorsement.
15.650.060 Notice Requirements.
15.650.070 Business License Required.
15.650.080 Continued Compliance with This Chapter.
15.650.090 Nontransferability.
15.650.100 Violations.
15.650.110 Enforcement, Penalties, and Appeal.
15.650.010 Intent. It is the intent of this Chapter is to establish the terms, criteria, and procedures by
which Short Term Rental may be permitted to ensure the safety and convenience of renters,
owners, and neighboring property owners; protect the character of the residential
neighborhoods; and address potential negative effects such as excessive noise, overcrowding,
illegal parking, nuisance activities, and the accumulation of refuse.
15.650.020 Permitted Zones. A Short Term Rental dwelling use is a permitted use in all zoning districts
that allow single-family residences as a permitted use.
15.650.030 Eligible Dwellings and Limitations. A Short Term Rental dwelling may be located in a single-
family dwelling, an accessory dwelling unit, or a condominium dwelling. No more than one (1)
Short Term Rental shall be allowed on a single parcel, except that this limitation shall not
apply to condominium dwellings.
15.650.040 Application for Short Term Rental Approval. An application for Short Term Rental use of an
eligible dwelling unit must be completed and submitted to the Director for review.
Applications shall be submitted on forms provided by the Department. Fees must be paid at
the time of submittal in accordance with the most recently adopted fee schedule. If
compliance with the provisions of this Chapter is demonstrated, an endorsement for a Short
Term Rental use will be issued. A business license under Chapter 5.04 MLMC is required for a
Short Term Rental business, but will not be issued by the City until an endorsement for Short
Term Rental use of the dwelling has been issued, as provided under this Chapter.
15.650.050 Criteria for Endorsement. The following criteria shall be met in order for approval of a
property to be authorized by the City as a Short Term Rental dwelling:
A. Business License Endorsement. A business license endorsement shall be applied for and
obtained prior to any use of property as a Short Term Rental dwelling. Endorsements are
specific to the owner of the dwelling unit. When the holder of an endorsement sells or
transfers the real property, the new owner shall obtain an endorsement before using the
dwelling unit as a Short Term Rental dwelling. Short Term Rental dwelling endorsements
Part 15.600 Special Use Standards Page 27 of 52
shall remain in effect so long as a valid business license is maintained for the rental use
and the property is not sold or transferred.
B. Occupancy. Maximum occupancy of the rental shall be no more than two (2) persons per
sleeping room plus two (2) additional persons per unit. Up to four (4) children under the
age of six (6) do not count towards the overall maximum occupancy of the rental. The
property owner shall be responsible for ensuring that the dwelling unit is in conformance
with its maximum occupancy.
C. Compliance. The Short Term Rental dwelling must comply with the requirements of the
International Building Code and International Residential Code.
D. Parking and Vehicles. At least one (1) additional off-street parking space shall be provided
for the Short Term Rental use, in addition to all other parking required for the dwelling.
Parking on site along the front property line shall not exceed forty percent (40%) of the
front-yard frontage. The number of vehicles at a Short Term Rental residence shall not at
any time exceed the number of available parking spaces on the subject property.
However, this limitation shall not apply to condominium dwellings. All overnight occupant
parking shall be on site or immediately in front of the Short Term Rental dwelling.
E. Signage. No outdoor advertising signs related to the vacation dwelling shall be allowed
on the site.
F. Solid Waste Collection. Weekly solid waste collection is required during all months. In the
event that normal weekly collection is insufficient for the use, the property owner or local
property representative shall make arrangements for additional solid waste removal.
G. Local Property Representative. Where the property owner does not reside full-time
within thirty (30) minutes driving distance of Moses Lake, a local property manager shall
be designated. The local property manager shall reside full-time within thirty (30) minutes
driving distance from Moses Lake and shall be available twenty-four (24) hours a day to
respond to complaints, questions, or concerns. The local representative or property
owner shall be responsible for responding to complaints about the rental. The name,
address, and telephone contact number of the property owner or local representative
shall be kept on file at the Department. Additionally, a notice that states the name,
address, and telephone number of the property owner or local representative will be sent
to all property owners within three hundred feet (300’) of the Short Term Rental property.
If the local representative changes, the owner of the Short Term Rental property shall be
required to send out new notices to all property owners within three hundred feet (300’)
of the subject property.
H. Renter Information. Notice must be included to provide information on maximum
occupancy, location of off-street parking, contact information for the property owner or
local representative, evacuation routes, and the renter’s responsibility not to trespass on
private property or to create disturbances. Acknowledgment of receipt and review of a
copy of this information by the Applicant can be accomplished by incorporating it into the
rental contract, including it in the rental booklet, posting it online, providing it in a
conspicuous place in the dwelling unit, or a similar method.
I. Responsible Person. A responsible person (aged twenty-five (25) or older) who is an
occupant of the Short-Term Rental dwelling and is legally responsible for ensuring that all
occupants and/or their guests comply with all laws and regulations during their stay shall
be identified for each rental.
Part 15.600 Special Use Standards Page 28 of 52
J. Inspection. A dwelling unit proposed for a Short-Term Rental dwelling shall be inspected
by the Building Official or designee to determine its conformance with the endorsement
standards of this Chapter and basic health and safety elements as required by any
applicable code. Any corrective action required shall be completed before the dwelling
unit can be rented. Short Term Rental shall be subject to periodic reinspection by the
Building Official or designee at the City’s discretion to ensure compliance with the
provisions of this Chapter. The time frame for such inspections is subject to the City’s
discretion and available resources.
K. Other Standards. The Short-Term Rental dwelling shall meet all applicable requirements
of the zone in which it is located, including but not limited to setbacks, maximum height,
and lot coverage standards.
L. Renewal of Existing Operating Endorsement. The property owner shall submit for
renewal of the short term rental endorsement fourteen (14) calendar days prior to the
expiration of the current endorsement. Endorsements are valid for one (1) calendar year
and the property owner shall be in good standing with applicable Chapters of the MLMC
including but not limited to code enforcement, lodging taxes, and business licensing.
15.650.060 Notice Requirements. Prior to issuance of an endorsement, the City shall provide notice to
property owners within three hundred feet (300’) of the subject property (or outline of
property that is held in common), advising that an endorsement for a Short Term Rental
dwelling will issued. Such notice shall include the address of the dwelling unit that received
the endorsement, a location where additional information can be obtained about the nature
of the endorsement, and the name, phone number, mailing address, and email address (if
available) of the owner or designated contact.
15.650.070 Business License Required. Short Term Rentals shall meet all local and state regulations,
including those pertaining to business licenses and taxes.
15.650.080 Continued Compliance with This Chapter. A City approved Short Term Rental dwelling shall
be in compliance with the standards of the MLUDC and the Moses Lake Municipal Code at all
times or shall be subject to the provisions of MLUDC 15.650.100. The owner of the Short Term
Rental dwelling is responsible for compliance with the provisions of this Chapter. The failure
of the local property manager or representative to comply with this Chapter shall be deemed
noncompliance by the owner.
15.650.090 Nontransferability. A Short Term Rental dwelling approval is issued to a specific owner of a
dwelling. If the property owner sells or transfers the real property, the new owner shall apply
for and must receive a Short Term Rental dwelling approval from the City before using the
dwelling as a Short Term Rental.
15.650.100 Violations. Penalties, as specified in Section 15.650.110, may be imposed for one (1) or more
of the following violations:
A.Advertising, renting, using, or offering for use, occupancy, or rent a Short Term Rental
dwelling where the owner does not hold a valid endorsement issued pursuant to this
Chapter.
Part 15.600 Special Use Standards Page 29 of 52
B.Advertising, renting, using, or offering for use, occupancy, or rent a Short Term Rental
dwelling in a manner that does not comply with the endorsement requirements of
MLUDC 15.650.040.
C.Failure by the owner to pay the special excise tax required by Chapter 3.28 MLMC.
D.Failure of the owner’s designated contact to respond to tenant, citizen, or City complaints
or inquiries. “Failure to respond” occurs if City staff is unable to reach the designated
contact after three (3) attempts, using the information that the owner has on file with the
City.
E. Failure of the owner or any occupant to comply with any of the provisions and/or
requirements of MLUDC 15.650.050.
15.650.110 Enforcement, Penalties, and Appeal.
A. Enforcement. This Chapter may be enforced by any authorized representative of the City
including, but not limited to, the Police Chief, Building Inspector, Code Enforcement
Officer, Director, City Manager, or designee.
B. Penalties. Failure to comply with any provisions of this chapter shall subject the violator
to a C-1 penalty as it is defined in Chapter 1.08 of the MLMC. Penalties under this section
shall be deemed to be separate from any other applicable penalty provisions including
license and tax penalties.
C. Revocation. Upon inspection of the premises, receipt of a written complaint, or during
review of the permit, the Director may revoke a short term rental permit approval if the
conditions of approval have not been complied with or the short term rental is otherwise
conducted in a manner contrary to this Chapter. Any written complaints will be
investigated by the Director and the short term rental operator shall have a reasonable
opportunity to provide a written response to the complaint prior to final action by the
Director.
D. Appeal. Any owner wishing to appeal the revocation of the Short Term Rental dwelling
endorsement may request an appeal to the City Manager by filing a written notice with
the City Manager within ten (10) calendar days after the date of revocation. Any
endorsement that has been revoked cannot be reapplied for or issued for a period of at
least one (1) year from the date the endorsement was revoked. The written appeal notice
must contain at a minimum the following information:
1. A brief statement of what is being appealed;
2. A statement of the relief sought and the reasons why the city official’s determination
should be reversed, modified or set aside;
3. The property owner’s or violator’s current address;
4. Identification of any witness testimony, photographs, or documentary evidence to be
presented; and
5. A statement or verification under penalty of perjury, made by the appellant as to the
truth of the matters stated in the appeal, pursuant to RCW 9A.72.085.
Part 15.600 Special Use Standards Page 30 of 52
Chapter 15.655
WIRELESS COMMUNICATION FACILITIES
Sections:
15.655.010 Permits and Exemptions.
15.655.020 Permit Applications.
15.655.030 General Siting Criteria.
15.655.040 Siting Within Residentially Zoned Property – Development Standards.
15.655.050 Support Structures and Antennas – Development Standards.
15.655.060 Wireless Communications Facilities – Development Standards.
15.655.070 Removal of Wireless Communication Facilities.
15.655.080 Special Exceptions.
15.655.010 Permits and Exemptions.
A. Permits Required. Permits are required for all wireless communication facilities. Permits
and development standards for small wireless facilities are addressed in MLUDC Chapter
15.657. Permits and development standards for wireless communication facilities
proposed as eligible facilities requests are provided under MLUDC 15.657.110.
B. Structural Permits. Building permits and mechanical permits are required for all wireless
communications facilities unless specifically exempted under Subsection C of this Section,
Exemptions.
C. Exemptions. The following antennas shall be exempt from permit requirements:
1. VHF and UHF receive-only television antennas: VHF and UHF receive-only antennas
shall not be required to obtain a building permit. VHF/UHF antennas shall be
restricted to a height limit of no more than fifteen feet above the existing or proposed
roof.
2. Small satellite dishes.
3. Temporary wireless facilities for the following purposes:
a. In response to a declaration of public emergency, if approved by the City manager
or designee.
b. To provide coverage for an officially sanctioned public event.
c. For purposes of this Subsection, “temporary” means no more than ninety (90)
calendar days unless extended by the City.
15.655.020 Permit Applications. Any wireless communication service provider wishing to receive
authorizations and permits to develop and operate a wireless communication facility in the
City shall submit an application package to the Department that contains the following
information:
A. Property Owner Information. A permit application signed by the property owner.
B. Telecommunications Provider Information. Name, address, contact person, and contact
information for the entity seeking authorization and permits, including copies of all
current licenses and authorizations required to provide wireless communications services
in the City.
C. Facility Design. Complete description, including technical diagrams and specifications,
photos, depictions, and plans of the proposed wireless communications facility or
facilities, and a complete description of the services to be provided by such facilities.
Part 15.600 Special Use Standards Page 31 of 52
D. Site Map. A site map depicting the location of the proposed facility and drawings or
renderings depicting the antenna support structure or alternative antenna support
structure and its appearance from street level from north, south, east, and west
perspectives. The drawings should be produced with the purpose of showing the
proposed facility from adjacent and nearby properties as it will appear when completed,
including any proposed features to conceal, camouflage, or visually blend the proposed
facility into its surroundings.
E. Site Selection Analysis. A complete discussion of the following:
1. Why the Applicant selected the proposed site, including technical analysis, which
explains why other sites are not satisfactory for the proposed facility;
2. If the Applicant is proposing a site with no other wireless communications facilities
present, explain why co-location is not technically feasible, unavailable, or is
otherwise unsuitable;
3. A comparison of the service to be provided by the proposed facility services provided
by the Applicant’s other facilities in the City, including service features, coverage or
capacity needs, plans for new or added services, potential interference with radio
transmissions for emergency services, and related service issues; and
4. A description of stealth design and technology and their availability to conceal,
camouflage, or visually blend the proposed facility into its surroundings, and an
explanation why certain stealth design technology were selected or not selected as
part of the proposed facility.
F. Other Information. Such other information and materials that may be required.
G. Application and Review Fee. Any Applicant shall pay an application and review fee or fee
deposit in an amount as determined by the City Council. This application and review fee
covers the actual costs associated with the City’s initial review of the application;
provided, however, that the Applicant shall also be required to pay all necessary permit
fees. This application and review fee shall be deposited with the City as part of the
application filed pursuant to this Chapter.
H. Other City Costs. All Applicants shall, within thirty (30) calendar days after written
demand therefor, reimburse the City for all direct and actual costs and expenses incurred
by the City in connection with any grant, modification, amendment, renewal, or transfer
of any franchise.
I. Permit Fee. Prior to issuance of a right-of-way permit or small wireless facility permit, the
Applicant shall pay a permit fee in an amount as determined by the City Council, or the
actual costs incurred by the City in reviewing such permit application.
15.655.030 General Siting Criteria.
A. Additional Criteria. MLUDC Part 15.400 identifies the zoning districts and the
development standards addressing site specific factors. The siting criteria contained in
this Chapter for wireless communication facilities and related structures are necessary to
encourage the siting of those facilities in locations most appropriate based on land use
compatibility, neighborhood characteristics, and aesthetic considerations.
B. Co-Location. Co-location on existing antenna support structures or alternative antenna
support structures is required if technically feasible, available, and otherwise suitable for
the proposed wireless communication services. Further, attachment of antennas to
Part 15.600 Special Use Standards Page 32 of 52
existing nonresidential structures and buildings primarily within industrial and
commercial zoning districts is preferable to additional antenna support structures. The
City may request feasibility studies associated with applications for wireless
communication facilities which demonstrate that locations on existing structures have
been explored as the preferred siting alternative. The cost of such studies shall be the
responsibility of the Applicant.
C. Expert Review. The City may retain qualified experts to review application materials
submitted by an Applicant, and to provide technical and other advice to the City in
considering issuance of requested authorizations and permits. Topics on which the City
may retain experts include, but are not limited to, co-location, visual screening, buffering,
and stealth design and technology of proposed facilities, radio signal coverage, the
feasibility of providing the proposed services, and potential signal interference with radio
communication systems for emergency services and related services, and similar wireless
communication service issues. If the City retains one or more experts on one or more
topics related to an application package, the City shall develop a scope of work for each
expert. This scope of work shall be made available to the Applicant for a period of ten (10)
business days for review and comment. After ten (10) business days, and after review of
any input received from the Applicant, the City may retain the expert(s) to perform the
scope of work as finally determined by the City. Applicants shall be responsible for
reasonable costs actually incurred by the City under this Subsection. Applicants shall pay
an initial deposit of one thousand dollars ($1,000). If actual costs are less than the deposit,
the City shall refund the excess to the Applicant. If actual costs exceed the deposit, the
Applicant shall pay the excess to the City no later than thirty (30) calendar days after
receipt of an invoice for the excess from the City. The City shall make available to the
Applicant all written reports and data produced under the scope of work, unless there is
an applicable legal privilege or restriction on sharing such information with the Applicant.
15.655.040 Siting Within Residentially Zoned Property – Development Standards.
A. General Prohibition. Wireless communication facilities, antenna support structures, and
all related structures are prohibited on properties zoned neighborhood residential (RN)
or multifamily residential (RM) unless:
1. The wireless communication facilities, antenna support structures, and all related
structures are designed using stealth technology and placed on a parcel with a
preexisting nonresidential use.
a. Examples of stealth design and technology of antenna support structures include
but are not limited to facilities disguised as trees, flagpoles, bell or clock towers,
freestanding church steeples.
b. The wireless communication facility and antenna support structure must comply
with the height and setback limitations.
B. Exemptions. This Section shall not preclude co-location of facilities upon existing legally
located antenna support structures or existing legally located attached antennas;
provided, that such co-location does not substantially change the existing use or
materially expand the physical dimensions of the facilities at that location or is otherwise
permitted as an eligible facilities request.
Part 15.600 Special Use Standards Page 33 of 52
15.655.050 Support Structures and Antennas – Development Standards.
A. Development Standards for All Zoning Districts.
1. The Applicant shall demonstrate that the proposed location was selected pursuant to
the siting criteria of MLUDC 15.655.030 and 15.655.040. Placement of an antenna
support structure shall be denied if the antenna support needs can be met by co-
location on an existing antenna support structure or by mounting on an alternative
antenna support structure which already supports an attached antenna. Placement
of an attached antenna shall be denied if the antenna support needs can be met by
co-location on an existing antenna support structure or by mounting on an alternative
antenna support structure which already supports an attached antenna. Applications
shall be required to provide documentation that comprehensive efforts to identify
alternative locations were made.
2. Owners and operators of a proposed antenna support structure shall provide
information regarding the opportunity for the co-location of other antennas. If
feasible, provision for future co-location may be required.
3. Antenna support structures reviewed under this Section shall not be located within
any required building setback areas.
4. Antenna support structures and attached antennas shall not be used for the purposes
of signage to display a message of any kind, except informational signs required by
law.
5. Applications for antenna support structures or mounting an attached antenna upon
an alternative antenna support structure shall include one or more proposals on how
industry-recognized concealment techniques can be employed to mitigate the visual
effects of the antenna and antenna support structure. It is expected that the
structures and vegetation surrounding the proposed location will be taken into
account so that appropriate site-specific concealment alternatives can be analyzed by
the Department.
6. Any fencing required for security shall meet screening standards of Section
15.655.060.
7. A Washington licensed professional engineer shall certify in writing, over his or her
seal, that both construction plans and final construction of the antenna support
structure or alternative antenna support structure upon which an attached antenna
may be mounted are designed to reasonably withstand wind and seismic loads as
established by the International Building Code.
8. All antenna support structures and attached antennas shall be removed by the facility
owner within twelve months of the date it ceases to be operational, or if the facility
falls into disrepair and is not maintained. Disrepair includes structural features, paint,
landscaping, or general lack of maintenance which could result in safety or visual
impacts.
9. An attached antenna shall not dominate the appearance of a structure.
10. Antenna support structures and attached antennas shall be located at a point farthest
from lot lines as feasible.
11. The base of a ground-mounted antenna support structure shall be screened with
fencing, walls, landscaping, or other means such that the view of the structure’s base
is blocked as much as practicable from any street and from the yards and main living
Part 15.600 Special Use Standards Page 34 of 52
floor areas of surrounding residential properties. The screening may be located
anywhere between the antennas and the above-mentioned viewpoints. Landscaping
that qualifies for the purpose of screening shall be maintained in a healthy condition.
B. Development Standards for Commercial Zones.
1. Antenna placements in this zone shall utilize alternative antenna support structures.
The antenna(s) shall extend no farther than fifteen (15) feet above the roof and shall
be placed as far back from the building perimeter as is feasible.
2. New antenna support structures shall be permitted in these districts only after
approval of a special exception application as provided in MLUDC 15.655.080.
C. Height Limitations. Antenna support structures including the antennas mounted thereon
shall comply with the height limits of the underlying zone. Properties within the airport
overlay districts must conform to standards provided by the Federal Aviation
Administration.
D. Height and Setback Limitations for Residential Zones.
1. Antenna Support Structures.
a. The wireless communication facility, antenna support structure and all related
structures shall be set back a distance equal to the height of the wireless
communication facility from the nearest residential lot line.
b. The combined antenna support structures and attached antennas shall have a
maximum height of sixty-five feet from the existing grade.
2. Alternative Antenna Support Structures.
a. Antennas placed upon an existing alternative antenna support structure shall not
extend more than fifteen feet above the building upon which the antenna is
mounted.
b. Any antenna fixed to an alternative antenna support structure shall not further
encroach into the current setback of the alternative antenna support structure.
15.655.060 Wireless Communications Facilities – Development Standards.
A. Development Standards for all Zoning Districts. The following standards shall be applied
to all wireless equipment, such as antennas and equipment shelters, exclusive of the
antenna support structure. Antenna support structures are regulated by MLUDC
15.655.050.
1. No wireless equipment reviewed under this Section shall be located within any
conflicting easements or required building setback areas.
2. Antennas mounted on alternative antenna support structures shall not extend more
than fifteen feet above the existing or proposed roof structure.
3. No wireless equipment shall be used for the purposes of signage or message display
of any kind, except informational signs required by law.
4. Location of wireless communication antennas on existing buildings shall be screened
or camouflaged to the greatest practicable extent by use of shelters, compatible
materials, location, color, or other stealth design and technology tactics to reduce
visibility of the antennas as viewed from any street or residential property.
5. Screening of wireless equipment shall be provided with one or a combination of the
following materials: fencing, walls, landscaping, structures, or topography which will
block the view of the antennas and equipment shelter as much as practicable from
Part 15.600 Special Use Standards Page 35 of 52
any street and from the yards and main floor living areas of residential properties
within approximately five hundred feet. Screening may be located anywhere between
the base and the above-mentioned viewpoints. Landscaping for the purposes of
screening shall be maintained in a healthy condition.
6. Any fencing required for security shall meet screening standards of Subsection (A)(5)
of this Section.
7. Construction plans and final construction of the mountings of wireless antennas and
equipment shelters shall be approved by the City’s Building Official prior to any
construction or site preparation. Applications shall document that the proposed
structure and any mounting bases are designed to reasonably withstand wind and
seismic loads.
8. A wireless communication facility shall be removed by the facility owner within
twelve months of the date it ceases to be operational or if the facility falls into
disrepair and is not maintained. Disrepair includes structural features, paint,
landscaping, or general lack of maintenance which could result in safety or visual
impacts.
9. The antennas shall not dominate the structure upon which they are attached and
shall be visually concealed utilizing color and compatible material to camouflage the
facility to the greatest extent feasible.
10. Associated above ground equipment shelters shall be minimized and shall not exceed
two hundred forty square feet (e.g., twelve feet by twenty feet) unless operators can
demonstrate that more space is needed to support antenna co-location. Shelters shall
be painted a color that matches existing structures or the surrounding landscape, a
visual screen (see landscape standards) shall be created around the perimeter of the
shelter, and operators shall consider under-grounding equipment if technically
feasible or placing the equipment within existing structures.
15.655.070 Removal of Wireless Communication Facilities.
A. Provider to Give Notice of Abandonment or Discontinuance of Service.
1. No less than thirty (30) calendar days prior to the date that a wireless service provider
plans to abandon or discontinue operation of a wireless communication facility or any
significant component thereof, the provider must notify the City by certified U.S. mail
of the proposed date of abandonment of a facility or discontinuance of operation of
such facility.
2. Failure of a service provider to give such notice will constitute grounds for the City to
declare the permit for the site to be suspended.
B. Discontinued Service or Abandonment of Site – Removal Required.
1. Any wireless communication facility which is abandoned or which does not provide
service for at least four (4) months in any running six (6) month period is declared to
be in violation of its permit in that it is not meeting its conditions of approval.
2. A facility which is abandoned or discontinued shall be removed within ninety (90)
calendar days of said abandonment or discontinuation of service. Any facility which
is not timely removed in accordance with this Subsection is declared to be a public
nuisance.
Part 15.600 Special Use Standards Page 36 of 52
C. Responsible Parties Determined and Responsibility Assigned.
1. The owner of the communication facility, the lessee of the property upon which the
facility is located (if different from the owner of the facility), and the owner of the
property (if different from the owner of the facility and/or the holder of the lease) are
individually, jointly, and severally responsible for removal of the facility as described
in Subsection B of this Section.
2. The City may pursue all remedies and recovery of costs for its actions from any and
all responsible parties through any means available in courts of competent
jurisdiction.
15.655.080 Special Exceptions. The City may allow for a special exception to the wireless communication
facility development standards in this Chapter, if the Applicant can demonstrate that the
legitimate safety or aesthetic development standards of this Chapter cannot be met, thereby
leaving a significant gap in coverage. The final approval authority for granting of the special
exception shall be the same as that of the permit approving the antenna location. A request
for a special exception shall be processed in conjunction with the permit approving the
antenna location and shall not require any additional application or fees. Special exceptions
do not apply to variations from the International Building Codes.
A. Special Exception Criteria.
1. The Applicant shall justify the request by showing that the special exception is
needed:
a. To fill a significant gap in coverage, and
b. That its solution varies from the development standards as little as possible.
2. The City may consider pictures, photo simulations, drawings (to scale), maps and/or
manufacturer’s specifications, studies, technical information, proposed materials,
shape, height, color, proximity to other structures, nature of uses on adjacent and
nearby properties, the surrounding topography, the surrounding tree coverage and
foliage, or other materials or information, to demonstrate to the City that the special
exception is necessary. The Applicant has the burden of showing the lack of available
and technological alternatives to comply with the City’s development standards.
B. Wireless Communication Facilities and Related Structures – Residential Zones – Special
Exceptions Process Inapplicable. The special exception process does not apply and shall
not be used in the placement, construction, or modification of wireless communication
facilities or related structures in residential zones.
C. Antenna Support Structures – Commercial, Public, and Industrial Zones – Special
Exceptions. An Applicant of a proposed antenna support structure that exceeds height
limits shall be required to apply for a conditional use permit under provisions of MLUDC
Chapter 15.225.
Part 15.600 Special Use Standards Page 37 of 52
Chapter 15.657
SMALL WIRELESS COMMUNICATION FACILITIES
Sections:
15.657.010 Small Wireless General Provisions.
15.657.020 Small Wireless Deployment.
15.657.030 Small Wireless Permit Application.
15.657.040 Small Wireless Review Process.
15.657.050 Small Wireless Permit Requirements.
15.657.060 Modifications to Small Wireless Facilities.
15.657.070 Small Wireless Consolidated Permit.
15.657.080 Small Wireless Fees and Other Costs.
15.657.090 Design and Concealment Standards for Small Wireless Deployments.
15.657.100 New Poles in the Rights-of-Way for Small Wireless Facilities.
15.657.110 Eligible Facilities Requests.
15.657.010 Small Wireless General Provisions.
A. Not Essential Public Facilities. Small wireless facilities shall not be considered nor
regulated as essential public facilities.
B. Outside Public Rights of Way. Small wireless facilities located outside of the public rights-
of-way may be either a primary or a secondary use. A different use of an existing structure
on the same lot shall not preclude the installation of a small wireless facility.
C. Franchise. Small wireless facilities located within the public right-of-way pursuant to a
valid franchise are outright permitted uses in every zone of the City but still require a
small wireless facility permit pursuant to this Chapter.
15.657.020 Small Wireless Deployment.
A. Overview. In order to manage its rights-of-way in a thoughtful manner which balances
the need to accommodate new and evolving technologies with the preservation of the
natural and aesthetic environment of the City, the City has adopted this administrative
process for the deployment of small wireless facilities. The City and Applicant for a
franchise and other permits associated with the deployment of small wireless facilities
face challenges in coordinating applicable legislative and administrative processes under
the Federal Communications Commission (FCC) regulations. A franchise for the use of the
City’s right-of-way is a contract which requires approval by the City Council. The small
wireless permits are issued by the Public Works Director, or designee. Applicants are
encouraged and expected to provide all related applications in one submittal, unless they
have already obtained a franchise.
B. Application Process. The Public Works Director, or designee, is authorized to establish
franchise and other application forms to gather the information required by this Chapter
from Applicants and to determine the completeness of the application process as
provided herein. The application shall include Parts A, B, and C as described in this
Subsection below.
1. Franchise. The process typically begins with and depends upon approval of a franchise
for the use of the public right-of-way to deploy small wireless facilities if any portion
of the Applicant’s facilities is to be located in the right-of-way. A complete application
Part 15.600 Special Use Standards Page 38 of 52
for a franchise is designated as Part A. An Applicant with a franchise for the
deployment of small wireless facilities in the City may proceed to directly apply for a
small wireless facility permit and related approvals (Parts B and C). An Applicant at its
option may utilize phased development. Because franchises are required by federal
law to be competitively neutral, the City has established a franchise format for use by
all right-of-way users.
2. Small Wireless Facility Permits. Part B of the application requires specification of the
small wireless facility components and locations as further required in the small
wireless permit application described in MLUDC 15.657.030.
3. Associated Permit(s). Part C of the application shall attach all associated permits
requirements such as applications or check lists required under the Critical Areas,
Shoreline Management Plan, or SEPA Codes. Applicants for deployment of new small
wireless poles shall comply with the requirements in this Chapter.
4. Leases. An Applicant who desires to attach a small wireless facility any utility pole or
light owned by the City shall include an application for a lease as a component of its
application. The City Manager, or designee, is authorized to approve leases in the
form approved for general use by the City Council for any utility pole or light pole in
the right-of-way. Leases for the use of other public property, structures, or facilities
shall be submitted to the City Council for approval.
15.657.030 Small Wireless Permit Application. The following information shall be provided by all
Applicants for a small wireless permit:
A. Location. The application shall provide specific locational information including GIS
coordinates of all proposed small wireless facilities and specify where the small wireless
facilities will utilize existing, replacement, or new poles, towers, existing buildings, or
other structures. Ground-mounted equipment, conduit, junction boxes, and fiber and
electrical connections necessary for and intended for use in the deployment shall also be
specified regardless of whether the additional facilities are to be constructed by the
Applicant or leased from a third party. Detailed schematics and visual renderings of the
small wireless facilities, including engineering and design standards, shall be provided by
the Applicant. The application shall have sufficient detail to identify:
1. The location of overhead and underground public utility, telecommunication, cable,
water, sewer drainage, and other lines and equipment in the rights-of-way along the
proposed route;
2. The specific structures, improvements, facilities, lines and equipment, and
obstructions, if any, that Applicant proposes to temporarily or permanently remove
or relocate and a plan for protecting, replacing, and restoring any areas to be
disturbed during construction.
3. If the site location includes a replacement light pole, then the Applicant must submit
a photometric analysis of the roadway and sidewalk one hundred fifty (150) feet
upstream and downstream of the existing light.
4. Compliance with the aesthetic requirements of this Chapter.
B. Owner Approval. The Applicant must show written approval from the owner of any pole
or structure for the installation of its small wireless facilities on such pole or structure.
Such written approval shall include approval of the specific pole, engineering, and design
Part 15.600 Special Use Standards Page 39 of 52
standards, as well as assurances that the specific pole can withstand wind and seismic
loads, from the pole owner, unless the pole owner is the City. Submission of the lease
agreement between the owner and the Applicant is not required. For City-owned poles
or structures, the Applicant must obtain a lease from the City prior to or concurrent with
the small wireless permit application and must submit as part of the application the
information required in the lease for the City to evaluate the usage of a specific pole.
C. Photometric Analysis. If the application is for a new or replacement light pole, then the
Applicant must provide a photometric analysis.
D. Batched Applications. The Applicant can batch multiple small wireless facility sites in one
application. The Applicant is encouraged to batch the small wireless facility sites within
an application in a contiguous service area.
E. Adjacent Residential Uses. Any application for a small wireless facility located in the right-
of-way adjacent to a parcel zoned for residential use shall demonstrate that it has
considered the following:
1. Whether a small wireless facility is currently installed on an existing pole in front of
the same residential parcel. If a small wireless facility exists, then the Applicant must
demonstrate that no technically feasible alternative location exists which is not in
front of the same residential parcel.
2. Whether the proposed small wireless facility can be screened from residential view
by choosing a pole location that is not directly in front of a window or views.
F. Environmental Review. Any application for a small wireless permit which contains an
element which is not exempt from SEPA review shall simultaneously apply under Chapter
43.21C RCW and MLUDC Chapter 15.510. Further, any application proposing small
wireless facilities in the shoreline jurisdiction (MLUDC Chapter 15.550) or in Critical Areas
(MLUDC Chapters 15.515-15.545) must indicate that the application is exempt or comply
with the review processes in such codes.
G. Radio Frequency Emissions. The Applicant shall submit a sworn affidavit signed by a Radio
Frequency (RF) Engineer with knowledge of the proposed project affirming that the small
wireless facilities will be compliant with all FCC and other governmental regulations in
connection with human exposure to radio frequency emissions for every frequency at
which the Small Wireless facility will operate. If facilities which generate radio frequency
radiation necessary to the Small Wireless facility are to be provided by a third party, then
the small wireless permit shall be conditioned on a Radio Frequency Certification showing
the cumulative impact of the radio frequency emissions on the entire installation. The
Applicant may provide one emissions report for the entire small wireless deployment if
the Applicant is using the same small wireless facility configuration for all installations
within that batch or may submit one emissions report for each subgroup installation
identified in the batch.
H. Regulatory Approvals. The Applicant shall provide proof of FCC and other regulatory
approvals required to provide the service(s) or utilize the technologies sought to be
installed.
l. Engineered Drawings. A professional engineer licensed by the State of Washington shall
certify in writing, over his or her seal, that both construction plans and final construction
of the small wireless facilities and structure or pole and foundation are designed to
reasonably withstand wind and seismic loads as established by the International Building
Part 15.600 Special Use Standards Page 40 of 52
Code. Further, the construction drawings shall depict all existing proposed improvements
related to the proposed location, including but not limited to poles, driveways, ADA
ramps, equipment cabinets, street trees, and structures within two hundred fifty (250)
feet from the proposed site. The construction drawings shall also include the Applicant’s
plan for electric and fiber utilities, all conduits, cables, wires, handholds, junctions,
meters, disconnect switches and any other ancillary equipment or construction necessary
to construct the small wireless facility.
J. Traffic Control Plan.
K. Right of Way Permit Requirements. The small wireless facilities permit shall include those
elements that are typically contained in the right-of-way use permit to allow the Applicant
to proceed with the build-out of the small wireless facility deployment.
L. City Standards. Recognizing that small wireless facility technology is rapidly evolving, the
Public Works Director or designee is authorized to adopt and publish standards for the
technological and structural safety of City-owned structures and to formulate and publish
application questions for use when an Applicant seeks to attach to City owned structures.
15.657.040 Small Wireless Review Process.
A. Review. The following provisions relate to review of applications for a small wireless
facility permit.
1. Only complete applications for a small wireless permit containing all required
submission elements described in MLUDC 15.657.030 shall be considered by the City.
2. In any zone, upon application for a small wireless permit, the City will permit small
wireless deployment on existing or replacement utility poles conforming to the City’s
generally applicable development and design standards of this Chapter, except as
provided in Subsection B below.
3. Vertical clearance shall be reviewed by the Public Works Director or designee to
ensure that the small wireless facilities will not pose a hazard to other users of the
rights-of-ways.
4. Small wireless facilities may not encroach onto or over private property or property
outside of the right-of-way without the property owner’s express written consent.
5. The City shall make every reasonable effort, consistent with any applicable provisions
of state or federal law, and the preservation of the City’s health, safety, and aesthetic
environment, to comply with the Federal presumptively reasonable time periods for
review of facilities for the deployment of small wireless facilities to the fullest extent
possible.
B. Review of Facilities. Review of the site locations proposed by the Applicant shall be
governed by the provisions of 47 U.S.C. §253 and 47 U.S.C. §332 and other applicable
statutes, regulations and case law. Applicants for franchises and the small wireless facility
permits shall be treated in a competitively neutral and non-discriminatory manner with
other service providers, utilizing supporting infrastructure which is functionally
equivalent, that is, service providers whose facilities are similarly situated in terms of
structure, placement, or cumulative impacts. Small wireless facility permit review under
this Chapter shall neither prohibit nor have the effect of prohibiting the ability of an
Applicant to provide telecommunications services.
Part 15.600 Special Use Standards Page 41 of 52
C. Final Decision. Any decision by the Public Works Director or designee shall be final and
not be subject to administrative appeals.
D. Withdrawal. Any Applicant may withdraw an application submitted pursuant to MLUDC
15.657.030 at any time, provided the withdrawal is in writing and signed by all persons
who signed the original application or their successors in interest. When a withdrawal is
received, the application shall be deemed null and void. If such withdrawal occurs prior
to the Public Works Director’s or designee’s decision, then reimbursement of fees
submitted in association with said application shall be prorated to withhold the amount
of City costs incurred in processing the application prior to time of withdrawal. If such
withdrawal is not accomplished prior to the Public Works Director’s or designee’s decision
there shall be no refund of all or any portion of such fee.
15.657.050 Small Wireless Permit Requirements.
A. Compliance with Permit. The Applicant of any granted permit shall comply with all of the
requirements within the small wireless permit.
B. Right-of-Way Permit. Small wireless facilities authorized under a small wireless facility
permit may proceed to installation without the need for an additional right-of-way use
permit if construction is commenced within thirty (30) calendar days of approval by
providing email or written notice to the Public Works Director or designee. Facilities
approved in a small wireless permit in which installation has not commenced within thirty
(30) calendar days of the approval of a small wireless facility permit shall apply for and be
issued a right-of-way use permit to install such small wireless facilities in accordance with
the standard requirements of the City for use of the right-of-way.
C. Post-Construction As-Builts. Within thirty (30) calendar days after construction of the
small wireless facility, the Applicant shall provide the City with as-builts of the small
wireless facilities demonstrating compliance with the permit and site photographs.
D. Permit Time Limit. Construction of the small wireless facility must be completed within
six (6) months after the approval date by the City. The Applicant may request one (1)
extension to be limited to three (3) months, if the Applicant cannot construct the small
wireless facility within the original six (6) month period.
E. Site Safety and Maintenance. The Applicant must maintain the small wireless facilities in
safe and working condition. The Applicant shall be responsible for the removal of any
graffiti or other vandalism and shall keep the site neat and orderly, including but not
limited to following any maintenance or modifications on the site.
15.657.060 Modifications to Small Wireless Facilities.
A. Application. If an Applicant desires to make a modification to an existing small wireless
facility, including but not limited to expanding or changing the antenna type, increasing
the equipment enclosure, placing additional pole-mounted or ground-mounted
equipment, or modifying the concealment elements, then the Applicant shall apply for a
small wireless facility permit.
B. Exceptions. A small wireless facility permit shall not be required for routine maintenance
and repair of a small wireless facility within the rights-of-way, or the replacement of an
antenna or equipment of similar size, weight, and height, provided that such replacement
does not defeat the concealment elements used in the original deployment of the small
Part 15.600 Special Use Standards Page 42 of 52
wireless facility, does not impact the structural integrity of the pole, and does not require
pole replacement. Further, a small wireless facility permit shall not be required for
replacing equipment within the equipment enclosure or reconfiguration of fiber or power
to the small wireless facility. Right of-way use permits may be required for such routine
maintenance, repair, or replacement consistent with Chapter 12.16 MLMC.
15.657.070 Small Wireless Consolidated Permit.
A. Consolidated Permit. The issuance of a small wireless permit grants authority to construct
small wireless facilities in the rights-of-way in a consolidated manner to allow the
Applicant, in most situations, to avoid the need to seek duplicative approval by both the
Public Works and the Community Development Departments. If the Applicant requires a
new franchise to utilize the right-of-way, the franchise approval may be consolidated with
the small wireless facility permit review if requested by the Applicant. As an exercise of
police powers pursuant to RCW 35.99.040(2), the small wireless facility permit is not a
right-of-way use permit, but instead a consolidated public works and land use permit and
the issuance of a small wireless facility permit shall be governed by the time limits
established by federal law for small wireless facilities.
B. Street and Utility Construction Permit Standards. The general standards applicable to
the use of the rights-of-way described in Chapter 12.16 MLMC shall apply to all small
wireless facility permits.
15.657.080 Small Wireless Fees and Other Costs.
A. Application and Review Fee. Any Applicant for a franchise pursuant to this Chapter shall
pay an application and review fee or fee deposit in an amount as determined by the City
Council. This application and review fee covers the actual costs associated with the City’s
initial review of the application; provided, however, that the Applicant shall also be
required to pay all necessary permit fees. This application and review fee shall be
deposited with the City as part of the application filed pursuant to this Chapter.
B. Other City Costs. All Applicants shall, within thirty (30) calendar days after written
demand therefor, reimburse the City for all direct and actual costs and expenses incurred
by the City in connection with any grant, modification, amendment, renewal, or transfer
of any franchise.
C. Permit Fee. Prior to issuance of a right-of-way permit or small wireless facility permit, the
Applicant shall pay a permit fee in an amount as determined by the City Council, or the
actual costs incurred by the City in reviewing such permit application.
15.657.090 Design and Concealment Standards for Small Wireless Deployments. Small wireless facility
deployments whether permitted in the right-of way under a franchise agreement or
permitted in accordance with this Chapter shall conform to the following design standards:
A. Non-Wooden Pole Attachment Design Standards. Small wireless facilities attached to
existing or replacement non-wooden light poles and other non-wooden poles in the right-
of-way or non-wooden poles outside of the right-of-way shall conform to the following
design criteria:
1. Antennas and the associated equipment enclosures (including disconnect switches
and other appurtenant devices) shall be fully concealed within the pole, unless such
Part 15.600 Special Use Standards Page 43 of 52
concealment is otherwise technically infeasible, or is incompatible with the pole
design, then the antennas and associated equipment enclosures must be
camouflaged to appear as an integral part of the pole or flush mounted to the pole,
meaning no more than six (6) inches off of the pole, and must be the minimum size
necessary for the intended purpose, not to exceed the volumetric dimensions of small
wireless facilities. If the equipment enclosure is permitted on the exterior of the pole,
the Applicant is required to place the equipment enclosure behind any banners or
road signs that may be on the pole, provided that such location does not interfere
with the operation of the banners or signs.
2. The furthest point of any antenna or equipment enclosure may not extend more than
twenty (20) inches from the face of the pole.
3. All conduit, cables, wires, and fiber must be routed internally in the nonwooden
pole. Full concealment of all conduit, cables, wires, and fiber is required within
mounting brackets, shrouds, canisters, or sleeves if attaching to exterior antennas or
equipment.
4. An antenna on top of an existing pole may not extend more than six (6) feet above
the height of the existing pole and the diameter may not exceed sixteen (16) inches,
measured at the top of the pole, unless the Applicant can demonstrate that more
space is needed. The antennas shall be integrated into the pole design so that it
appears as a continuation of the original pole, including colored or painted to match
the pole, and shall be shrouded or screened to blend with the pole except for canister
antennas which shall not require screening. All cabling and mounting hardware or
brackets from the bottom of the antenna to the top of the pole shall be fully
concealed and integrated with the pole.
5. Any replacement pole shall substantially conform to the design of the pole it is
replacing or the neighboring pole design standards utilized within the contiguous
right-of-way.
6. The height of any replacement pole may not extend more than ten (10) feet· above
the height of the existing pole or the minimum additional height necessary; provided
that the height of the replacement pole cannot be extended further by additional
antenna height.
7. The diameter of a replacement pole shall comply with the City’s setback and sidewalk
clearance requirements and shall, to the extent technically feasible, not be more than
a twenty-five percent (25%) increase of the existing non-wooden pole measured at
the base of the pole, unless additional diameter is needed in order to conceal
equipment within the base of the pole, and shall comply with the requirements in
Subsection E(4) of this Section.
8. The use of the pole for the siting of a small wireless facility shall be considered
secondary to the primary function of the pole. If the primary function of a pole serving
as the host site for a small wireless facility becomes unnecessary, the pole shall not
be retained for the sole purpose of accommodating the small wireless facility and the
small wireless facility and all associated equipment shall be removed.
B. Wooden Pole Design Standards. Small wireless facilities located on wooden poles shall
conform to the following design criteria:
Part 15.600 Special Use Standards Page 44 of 52
1. The wooden pole at the proposed location may be replaced with a taller pole for the
purpose of accommodating a small wireless facility; provided, that the replacement
pole shall not exceed a height that is a maximum of ten (10) feet taller than the
existing pole, unless a further height increase is required and confirmed in writing by
the pole owner and that such height extension is the minimum extension possible to
provide sufficient separation and/or clearance from electrical and wireline facilities.
2. A pole extender may be used instead of replacing an existing pole but may not
increase the height of the existing pole by more than ten (10) feet, unless a further
height increase is required and confirmed in writing by the pole owner and that such
height increase is the minimum extension possible to provide sufficient separation or
clearance from electrical and wireline facilities. A “pole extender” as used herein is
an object affixed between the pole and the antenna for the purpose of increasing the
height of the antenna above the pole. The pole extender shall be painted to
approximately match the color of the pole and shall substantially match the diameter
of the pole measured at the top of the pole.
3. Replacement wooden poles must either match the approximate color and materials
of the replaced pole or shall be the standard new wooden pole used by the pole
owner in the City.
4. Antennas, equipment enclosures, and all ancillary equipment, boxes, and conduit
shall be colored or painted to match the approximate color of the surface of the
wooden pole on which they are attached.
5. Antennas shall not be mounted more than twelve (12) inches from the surface of the
wooden pole.
6. Antennas should be placed in an effort to minimize visual clutter and obtrusiveness.
Multiple antennas are permitted on a wooden pole provided that each antenna
enclosure shall not be more than three (3) cubic feet in volume.
7. A canister antenna may be mounted on top of an existing wooden pole, which may
not exceed the height requirements described in Subsection B(1) above. A canister
antenna mounted on the top of a wooden pole shall not exceed sixteen (16) inches,
measured at the top of the pole, and shall be colored or painted to match the pole.
The canister antenna must be placed to look as if it is an extension of the pole. In the
alternative, the Applicant may propose a side mounted canister antenna, so long as
the inside edge of the antenna is no more than twelve (12) inches from the surface of
the wooden pole. All cables shall be concealed either within the canister antenna or
within a sleeve between the antenna and the wooden pole.
8. The furthest point of any antenna or equipment enclosure may not extend more than
twenty (20) inches from the face of the pole.
9. An omni-directional antenna may be mounted on the top of an existing wooden pole,
provided such antenna is no more than four (4) feet in height and is mounted directly
on the top of a pole or attached to a sleeve made to look like the exterior of the pole
as close to the top of the pole as technically feasible. All cables shall be concealed
within the sleeve between the bottom of the antenna and the mounting bracket.
10. All related equipment, including but not limited to ancillary equipment, radios, cables,
associated shrouding, microwaves, and conduit which are mounted on wooden poles
Part 15.600 Special Use Standards Page 45 of 52
shall not be mounted more than six (6) inches from the surface of the pole, unless a
further distance is technically required, and is confirmed in writing by the pole owner.
11. Equipment for small wireless facilities must be attached to the wooden pole, unless
otherwise permitted to be ground-mounted pursuant to Subsection of the Section.
The equipment must be placed in the smallest enclosure possible for the intended
purpose. The equipment enclosure and all other wireless equipment associated with
the utility pole, including wireless equipment associated with the antenna and any
pre-existing associated equipment on the pole, may not exceed twenty-eight (28)
cubic feet. Multiple equipment enclosures may be acceptable if designed to more
closely integrate with the pole design and does not cumulatively exceed twenty-eight
(28) cubic feet. The Applicant is encouraged to place the equipment enclosure behind
any banners or road signs that may be on the pole, provided that such location does
not interfere with the operation of the banners or signs.
12. An Applicant who desires to enclose both its antennas and equipment within one
unified enclosure may do so, provided that such enclosure is the minimum size
necessary for its intended purpose and the enclosure and all other wireless
equipment associated with the pole, including wireless equipment associated with
the antenna and any pre-exiting associated equipment on the pole does not exceed
twenty-eight (28) cubic feet. The unified enclosure may not be placed more than six
(6) inches from the surface of the pole, unless a further distance is required and
confirmed in writing by the pole owner. To the extent possible, the unified enclosure
shall be placed so as to appear as an integrated part of the pole or behind banners or
signs, provided that such location does not interfere with the operation of the
banners or signs.
13. The visual effect of the small wireless facility on all other aspects of the appearance
of the wooden pole shall be minimized to the greatest extent possible.
14. The use of the wooden pole for the siting of a small wireless facility shall be
considered secondary to the primary function of the pole. If the primary function of
a pole serving as the host site for a small wireless facility becomes unnecessary, the
pole shall not be retained for the sole purpose of accommodating the small wireless
facility and the small wireless facility and all associated equipment shall be removed.
15. The diameter of a replacement pole shall comply with the City’s setback and sidewalk
clearance requirements and shall not be more than a twenty-five percent (25%)
increase of the existing utility pole measured at the base of the pole.
16. All cables and wires shall be routed through conduit along the outside of the pole.
The outside conduit shall be colored or painted to match the pole. The number of
conduit shall be minimized to the number technically necessary to accommodate the
small wireless.
C. Building Attachments Design Standards. Small wireless facilities attached to existing
buildings, shall conform to the following design criteria:
1. Small wireless facilities may be mounted to the sides of a building if the antennas do
not interrupt the building’s architectural theme.
2. The interruption of architectural lines or horizontal or vertical reveals is discouraged.
Part 15.600 Special Use Standards Page 46 of 52
3. New architectural features such as columns, pilasters, corbels, or other
ornamentation that conceal antennas may be used if it complements the architecture
of the existing building.
4. Small wireless facilities shall utilize the smallest mounting brackets necessary in order
to provide the smallest offset from the building.
5. Skirts or shrouds shall be utilized on the sides and bottoms of antennas in order to
conceal mounting hardware, create a cleaner appearance, and minimize the visual
impact of the antennas. Exposed cabling/wiring is prohibited.
6. Small wireless facilities shall be painted and textured to match the adjacent building
surfaces.
D. Cable Attachments Design Standards. Small wireless facilities mounted on cables strung
between existing utility poles shall conform to the following standards.
1. Each strand mounted facility shall not exceed three (3) cubic feet in volume;
2. Only one strand mounted facility is permitted per cable between any two existing
poles;
3. The strand mounted devices shall be placed as close as possible to the nearest utility
pole, in no event more than five (5) feet from the pole unless a greater instance
technically necessary or is required by the pole owner for safety clearance;
4. No strand mounted device shall be located in or above the portion of the roadway
open to vehicular traffic;
5. Ground-mounted equipment to accommodate a shared mounted facility is not
permitted except when placed in pre-existing equipment cabinets; and
6. Pole mounted equipment shall comply with the requirements of Subsections A and B
of this Section.
7. Such strand mounted devices must be installed to cause the least visual impact and
without excess exterior cabling or wires (other than the original strand).
8. Strand mounted facilities are prohibited on non-wooden poles.
E. General Requirements.
1. Ground-mounted equipment in the rights-of-way is prohibited, unless such facilities
are placed underground or the Applicant can demonstrate that pole mounted or
undergrounded equipment is technically infeasible. If ground-mounted equipment is
necessary, then the Applicant shall submit a concealment element plan.
Generators located in the rights-of-way are prohibited.
2. No equipment shall be operated so as to produce noise in violation of Chapter 173-
60 WAC.
3. Small wireless facilities are not permitted on traffic signal poles unless denial of the
siting could be a prohibition or effective prohibition of the Applicant’s ability to
provide telecommunications service in violation of 47 U.S.C. §§ 253 and 332.
4. Replacement poles and new poles shall comply with the Americans with Disabilities
Act (ADA), City construction and sidewalk clearance standards, City ordinance, and
state and federal laws and regulations in order to provide a clear and safe passage
within the rights-of-way. Further, the location of any replacement or new pole must:
be physically possible, comply with applicable traffic signal warrants, not interfere
with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not
adversely affect the public welfare, health, or safety.
Part 15.600 Special Use Standards Page 47 of 52
5. Replacement poles shall be located as near as possible to the existing pole with the
requirement to remove the abandoned pole.
6. No signage, message, or identification other than the manufacturer’s identification or
identification required by governing law is allowed to be portrayed on any antenna
or equipment enclosure. Any permitted signage shall be located on the equipment
enclosures and be of the minimum amount possible to achieve the intended purpose
(no larger than 4x6 inches); provided that, signs are permitted as concealment
element techniques where appropriate.
7. Antennas and related equipment shall not be illuminated except for security reasons,
required by a federal or state authority, or unless approved as part of a concealment
element plan.
8. Side arm mounts for antennas or equipment must be the minimum extension
necessary and for wooden poles may be no more than twelve (12) inches off the pole
and for non-wooden poles no more than six (6) inches off the pole.
9. The preferred location of a small wireless facility on a pole is the location with the
least visible impact.
10. Antennas, equipment enclosures, and ancillary equipment, conduit, and cable shall
not dominate the structure or pole upon which they are attached.
11. Except for locations in the right-of-way, small wireless facilities are not permitted on
any property containing a residential use in the residential zones.
12. The City may consider the cumulative visual effects of small wireless facilities
mounted on poles within the rights-of-way in when assessing proposed siting
locations so as to not adversely affect the visual character of the City. This provision
shall not be applied to limit the number of permits issued when no alternative sites
are reasonably available nor to impose a technological requirement on the Applicant.
13. These design standards are intended to be used solely for the purpose of concealment
and siting. Nothing herein shall be interpreted or applied in a manner which dictates
the use of a particular technology. When strict application of these requirements
would unreasonably impair the function of the technology chosen by the Applicant,
alternative forms of concealment or deployment may be permitted which provide
similar or greater protections from negative visual impacts to the streetscape.
15.657.100 New Poles in the Rights-of-Way for Small Wireless Facilities.
A. Use of New Poles. New poles, as compared to replacement poles, within the rights-of-
way are only permitted if the Applicant can establish that:
1. The proposed small wireless facility cannot be located on an existing utility pole or
light pole, electrical transmission tower or on a site outside of the public rights-of-
way such as a public park, public property, building, transmission tower, or in or on a
non-residential use in a residential zone whether by roof or panel-mount or separate
structure;
2. The proposed small wireless facility receives approval for a concealment element
design, as described in Subsection C of this Section;
3. The proposed small wireless facility also complies with the City’s Shoreline Master
Program, MLUDC Chapter 15.550, and SEPA, MLUDC Chapter 15.510, if applicable;
and
Part 15.600 Special Use Standards Page 48 of 52
4. No new poles shall be located in a critical area or associated buffer required by the
City’s Critical Areas Code (MLUDC Chapters 15.515-15.545), except when determined
to be exempt pursuant to said Code.
B. Approval of New Pole. The Public Works Director or designee may approve, approve,
with conditions, or deny an application for a new pole without notice and his or her
decision shall be final on the date issued.
C. Concealment Element Design. The concealment element design shall include the design
of the screening, fencing, or other concealment technology for a tower, pole, or
equipment structure, and all related transmission equipment or facilities associated with
the proposed small wireless facility, including but not limited to fiber and power
connections.
1. The concealment element design should seek to minimize the visual obtrusiveness of
the small wireless facility. The proposed pole or structure should have similar designs
to existing neighboring poles in the rights-of-way, including similar height to the
extent technically feasible. Any concealment element design for a small wireless
facility on a decorative pole should attempt to mimic the design of such pole and
integrate the small wireless facility into the design of the decorative pole. Other
concealment methods include, but are not limited to, integrating the installation with
architectural features or building design components, utilization of coverings or
concealment devices of similar material, color, and texture - or the appearance
thereof - as the surface against which the installation will be seen or on which it will
be installed, landscape design, or other camouflage strategies appropriate for the
type of installation. Applicants are required to utilize designs in which all conduit and
wirelines are installed internally in the structure. Further, Applicant designs should,
to the extent technically possible, comply with the generally applicable design
standards adopted pursuant to MLUDC 15.657.090.
2. If the Public Works Director or designee has already approved a concealment element
design either for the Applicant or another small wireless facility along the same public
right-of-way or for the same pole type, then the Applicant shall utilize a substantially
similar concealment element design, unless it can show that such concealment
element design is not physically or technologically feasible, or that such deployment
would undermine the generally applicable design standards.
D. Determination of Public Works Director. Even if an alternative location is established
pursuant to Subsection A(1) and A (2), the Public Works Director or designee may
determine that a new pole in the right-of-way is in fact a superior alternative based on
the impact to the City, the concealment element design, the City’s Comprehensive Plan
and the added benefits to the community.
E. Site Specific Agreement. Prior to the issuance of a permit to construct a new pole or
ground-mounted equipment in the right-of-way, the Applicant must obtain a site-specific
agreement from the City to locate such new pole or ground-mounted equipment. This
requirement also applies to replacement poles that are higher than the replaced pole,
and the overall height of the replacement pole and the proposed small wireless facility is
more than sixty (60) feet.
F. Technology Impacts. These design standards are intended to be used solely for the
purpose of concealment and siting. Nothing herein shall be interpreted or applied in a
Part 15.600 Special Use Standards Page 49 of 52
manner which dictates the use of a particular technology. When strict application of these
requirements would unreasonably impair the function of the technology chosen by the
Applicant, alternative forms of concealment or deployment may be permitted which
provide similar or greater protections of the streetscape.
15.657.110 Eligible Facilities Requests.
A. Additional Definitions.
1. “Base Station”: A structure or equipment at a fixed location that enables FCC-licensed
or authorized wireless communications between user equipment and a
communications network. The term does not encompass a tower as defined herein
nor any equipment associated with a tower. Base Station includes, without limitation:
a. Equipment associated with wireless communications services as well as
unlicensed wireless services and fixed wireless services such as microwave
backhaul.
b. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup
power supplies, and comparable equipment, regardless of technological
configuration (including Distributed Antenna Systems (“DAS”) and small wireless
networks).
c. Any structure other than a tower that, at the time the relevant application is filed
(with jurisdiction) under this Section, supports or houses equipment described in
subparagraph (i) and (ii) above that has been reviewed and approved under the
applicable zoning or siting process, or under another State or local regulatory
review process, even if the structure was not built for the sole or primary purpose
of providing that support.
d. The term does not include any structure that, at the time the Eligible Facilities
Request application is filed with the City, does not support or house equipment
described in subparagraph (l)(a) and (l)(b) above.
2. “Collocation”: The mounting or installation of transmission equipment on an eligible
support structure for the purpose of transmitting and/or receiving radio frequency
signals for communication purposes.
3. “Eligible Facilities Request”: Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions of such tower or
base station, involving:
a. Collocation of new transmission equipment;
b. Removal of transmission equipment; or
c. Replacement of transmission equipment.
4. “Eligible Support Structure”: Any tower or base station as defined in this Section,
provided that it is existing at the time the relevant application is filed with the City.
5. “Existing”: A constructed tower or base station is existing if it has been reviewed and
approved under the applicable zoning or siting process, or under another State or
local regulatory review process, provided that a tower that has not been reviewed
and approved because it was not in a zoned area when it was built, but was lawfully
constructed, is existing for purposes of this definition.
6. “Substantial Change”: A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following criteria:
Part 15.600 Special Use Standards Page 50 of 52
a. For towers other than towers in the public rights-of-way, it increases the height
of the tower by more than ten percent (10%) or by the height of one additional
antenna array with separation from the nearest existing antenna not to exceed
twenty (20) feet, whichever is greater; for other eligible support structures, it
increases the height of the structure by more than ten percent (10%) or more
than ten (10) feet, whichever is greater;
b. For towers other than towers in the public rights-of-way, it involves adding an
appurtenance to the body of the tower that would protrude from the edge of the
tower more than twenty (20) feet, or more than the width of the tower structure
at the level of the appurtenance, whichever is greater; for other eligible support
structures, it involves adding an appurtenance to the body of the structure that
would protrude from the edge of the structure by more than six (6) feet;
c. For any eligible support structure, it involves installation of more than the
standard number of new equipment cabinets for the technology involved, but not
to exceed four cabinets; or, for towers in the public rights-of-way and Base
Stations, it involves installation of any new equipment cabinets on the ground if
there are no pre-existing ground cabinets associated with the structure, or else
involves installation of ground cabinets that are more than ten percent (10%)
larger in height or overall volume than any other ground cabinets associated with
the structure;
d. It entails any excavation or deployment outside the current site;
e. It would defeat the concealment elements of the eligible support structure; or
f. It does not comply with conditions associated with the siting approval of the
construction or modification of the eligible support structure or base station
equipment, provided, however, that this limitation does not apply to any
modification that is non-compliant only in a manner that would not exceed the
thresholds identified above.
7. “Tower”: Any structure built for the sole or primary purpose of supporting any FCC-
licensed or authorized antennas and their associated facilities, including structures
that are constructed for wireless communications services including, but not limited
to, private, broadcast, and public safety services, as well as unlicensed wireless
services and fixes wireless services such as microwave backhaul and the associated
site.
8. “Transmission Equipment”: Equipment that facilitates transmission for any FCC-
licensed or authorized wireless communication service, including, but not limited to,
radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup
power supply. The term includes equipment associated with wireless
communications services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed wireless services such
as microwave backhaul.
B. Application. The Public Works Director shall prepare and make publicly available an
application form used to consider whether an application is an Eligible Facilities Request.
The application may not require the Applicant to demonstrate a need or business case for
the proposed modification.
Part 15.600 Special Use Standards Page 51 of 52
C. Qualification as an Eligible Facilities Request. Upon receipt of an application for an
Eligible Facilities Request, the Public Works Director shall review such application to
determine whether the application qualifies as an Eligible Facilities Request.
D. Timeframe for Review. Within sixty (60) calendar days of the date on which an Applicant
submits an Eligible Facilities Request application, the Public Works Director shall approve
the application unless it determines that the application is not covered by this Section.
E. Tolling of the Time Frame for Review. The sixty (60) calendar day review period begins
to run when the pre-application or application is filed and may be tolled only by mutual
agreement by the Public Works Director and the Applicant or in cases where the Public
Works Director determines that the application is incomplete. The timeframe for review
of an Eligible Facilities Request is not tolled by a moratorium on the review of applications.
1. To toll the timeframe for incompleteness, the Public Works Director shall provide
written notice to the Applicant within thirty (30) calendar days of receipt of the
application, clearly and specifically delineating all missing documents or information
required in the application.
2. The timeframe for review begins running again when the Applicant makes a
supplemental submission in response to the Public Works Director’s notice of
incompleteness.
3. Following a supplemental submission, the Public Works Director will notify the
Applicant within ten (10) calendar days that the supplemental submission did not
provide the information identified in the original notice delineating missing
information. The timeframe is tolled in the case of second or subsequent notices
pursuant to the procedures identified in this sub-Section. Second or subsequent
notice of incompleteness may not specify missing documents or information that was
not delineated in the original notice of incompleteness.
F. Determination That Application Is Not an Eligible Facilities Request. If the Public Works
Director determines that the Applicant’s request does not qualify as an Eligible Facilities
Request, the Public Works Director shall deny the application.
G. Failure to Act. In the event the Public Works Director fails to approve or deny a request
for an Eligible Facilities Request within the timeframe for review (accounting for any
tolling), the request shall be deemed granted. The deemed grant does not become
effective until the Applicant notifies the Public Works Director in writing after the review
period has expired (accounting for any tolling) that the application has been deemed
granted.
Part 15.600 Special Use Standards Page 52 of 52
Chapter 15.660
MISCELLANEOUS SPECIAL USE STANDARDS [RESERVED]