3067 Land Use Emg Interim ControlsPage 1 of 11
ORDINANCE NO. 3067
AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON,
RELATING TO CODE TEXT AMENDMENTS REGARDING MISSING
ZONING STANDARDS WITHIN THE CITY OF MOSES LAKE UNIFIED
DEVELOPMENT CODE, ADOPTING INTERIM LAND USE
REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW
35A.63.220 AND RCW 36.70A.390 FOR MULTI-FAMILY TAX
EXEMPTION, RESIDENTIAL EXTERIOR SIDE-YARD SETBACKS,
MOSES LAKE INDUSTRIAL PARK ZONING MAP AMENDMENT, AND
BUILDING ORIENTATION FOR INFILL DEVELOPMENT IN THE
GENERAL COMMERCIAL ZONING DISTRICT, DECLARING AN
EMERGENCY, ADOPTING FINDINGS OF FACT, AND ESTABLISHING
AN EFFECTIVE DATE.
Recitals:
1. The City of Moses Lake adopted the Title 15 – Unified Development Code October 4,
2024; and
2. Sections of the City of Moses Lake Municipal Code were inadvertently omitted and/or
missing from the Unified Development Code; and
3. As the Community Development Department receives inquiries and permits, the sections
needed to process and approve permits are necessary for successful development; and
4. As the Community Development Department receives inquiries and permits, determines
sections bar the development due to inadvertent reduction of flexibility necessary for
successful development; and
5. The City of Moses Lake is working toward the Growth Management Act Periodic Update
(RCW 36.70A.130) – Comprehensive Plan / Code update; and
6. The City of Moses Lake finds that omitted or missing sections should be included in the
Unified Development Code; and
7. The City of Moses Lake finds that building orientation should not bar development; and
8. The City Council finds that the proposed interim development and zoning regulations are
reasonable and necessary, and are therefore in the public interest; and
9. The need for code revisions creates a time sensitive emergency requiring the adoption of
an interim zoning ordinance; and
10. The City is authorized to impose interim land use controls for up to six months if a work
plan is developed for related studies providing for such longer periods pursuant to RCW
35A.63.220 and RCW 36.704.390; and
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11. A public hearing on these interim regulations will be held within six months of adoption,
pursuant to RCW 35A.63.220 and RCW 36.70A.390.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS
FOLLOWS:
Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated
as Findings of Fact of the City Council.
Section 2. Additional Findings. The Council may adopt further additional findings after the public
hearing is held and evidence presented to the City Council.
Section 3. This purpose of this ordinance is to:
Return sections of former code that may have been inadvertently omitted; and
Allow flexibility for building orientation.
Section 4. The following new Sections are hereby adopted:
Multi-family Housing Tax Exemption
Amend Division 15.400. Zoning and Overlay Districts to add and read as follows:
15.429 Multi-family Housing Tax Exemption
15.429.010 Purpose:
It is the purpose of RCW 84.14 to encourage new private multi-family housing development and
redevelopment within cities that are planning under the Growth Management Act, where the
legislative body has found that there are insufficient housing opportunities. To achieve this
purpose, this chapter provides for special valuation for eligible improvements associated with the
provision of multi-unit housing in residentially deficient urban centers. It is further intended to
provide attractive, reasonable places to live close to employment, shopping, entertainment, and
transit services and to promote neighborhood revitalization and community development.
15.429020 Definitions:
A. “Multi-family housing” means building(s) having four (4) or more dwelling units designed for
permanent residential occupancy resulting from new construction or rehabilitation or conversion
of vacant, underutilized, or substandard buildings.
B. “Owner” means the property owner of record.
C. “Director” means the Community Development Director.
D. “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.
E. “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.
F. “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.
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G. “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.
15.429.030 Residential Target Area Designation and Standards:
A. Criteria. Following notice and a public hearing, as prescribed in RCW 4.14.040, the City
Council may, in its sole discretion, designate one (1) or more residential target areas. The
designated target area must meet the following criteria:
1. The target area is located within an urban center.
2. The target area lacks sufficient available, desirable, and convenient residential housing to meet
the needs of the public who would likely live in the mixed use center if desirable, attractive, and
livable places were available.
3. The provision of additional housing opportunities in the target area will assist the city in
achieving the following purposes:
a. Increasing residential opportunities within the target area.
b. Stimulating the construction of new multi-family housing.
c. The rehabilitation of existing vacant and under-utilized buildings for multi-family housing.
4. In designating the target area, the City Council may also consider other factors, including:
a. Whether additional housing will attract and maintain an increasing number of permanent
residents and help alleviate detrimental conditions caused by a lack of investment in
underutilized vacant buildings.
b. Whether an increased permanent residential population in the targeted area will help the city
achieve the planning goals mandated by the Growth Management Act under RCW 36.70A.020.
c. Whether additional housing may contribute to revitalization of a distressed neighborhood or
area within the City.
B. Target Area Standards and Guidelines. For the designated residential target areas, the City
Council shall adopt basic requirements for both new construction and rehabilitation, including
the application process and procedures. The City Council may also adopt guidelines to include
the following:
1. Requirements that address demolition of existing structures and site utilization.
2. Building requirements that may include elements addressing parking, height, density,
environmental impact, public benefit features, compatibility with surrounding property, and such
other amenities as will attract and keep permanent residents and will properly enhance the
livability of the residential target area.
3. The required amenities shall be relative to the size of the proposed project and the tax benefit
to be obtained.
The City Council may, by ordinance, amend or rescind the designation of a residential target area
at any time pursuant to the same procedure as set forth in the original designation.
C. Designated Target Area. The City Council has adopted Residential Target Area as indicated
on the attached map.
15.429.040 Project Eligibility:
A proposed project must meet the following requirements for consideration for a property tax
exemption under this chapter:
A. Location. The project must be located within Moses Lake’s Residential Targeted Area, as
designated under Section 18.23.030 of this chapter.
B. Size. The project must include at least four (4) units of multi-family housing within a
residential structure or as part of a mixed-use development. A minimum of four (4) new units
must be constructed or at least four (4) additional multi-family units must be added to existing
occupied multi-family housing. Existing multi-family housing that has been vacant for twelve
(12) months or more does not have to provide additional units so long as the project provides at
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least four (4) units of new, converted, or rehabilitated multi-family housing.
C. Residential Displacement and Demolition.The project must not displace existing residential
units, unless the units are certified not to meet current building and housing codes. The units can
then be rehabilitated or replaced and included in the qualified portion of the project to receive the
property tax abatement. If the units slated for replacement or demolition do meet current code,
then the size of the project needs to be increased by the number of units that are being replaced
or demolished and these replacement units would not qualify for the property tax abatement.
Property proposed to be rehabilitated or developed must be vacant at least twelve (12) months
before submitting an application.
D. Permanent Residential Housing. At least fifty percent (50%) of the space designated for
multi-family housing must be provided for permanent residential occupancy.
E. Proposed Completion Date. New construction of multi-family housing and rehabilitation
improvements must be scheduled to be completed within three (3) years from the date of
approval of the application.
F. Compliance with Guidelines and Standards. The project must be designed to comply with the
city’s comprehensive plan, building, housing, and zoning codes, and any other applicable
regulations in effect at the time the application is approved. Rehabilitation and conversion
improvements must comply with all applicable housing codes. New construction must comply
with the building code. The project must also comply with any other standards and guidelines
adopted by the City Council for the residential target area in which the project will be developed.
15.429.050 Application Procedure:
A property owner who wishes to propose a project for tax exemption shall complete the
following procedures:
A. Application. An application needs to be filed with the Community Development Department.
A fee of five hundred thirty dollars ($530) needs to be included to cover the Grant County
Assessor’s administrative costs. Upon approval of the application, the fee will be forwarded to
the Grant County Assessor’s office for processing. A complete application shall include:
1. A completed City of Moses Lake application form setting forth the grounds for the exemption.
2. Preliminary floor and site plans of the proposed project.
3. A statement acknowledging the potential tax liability when the project ceases to be eligible
under this chapter.
4. Verification by oath or affirmation of the information submitted.
5. For rehabilitation projects, the applicant shall also submit an affidavit that existing dwelling
units have been unoccupied for a period of twelve (12) months prior to filing the application.
B. Application Review and Issuance of Conditional Certificate. The Community Development
Director may certify as eligible an applicant who is determined to comply with the requirements
of this chapter. A decision to approve or deny an application shall be made within thirty (30)
days of receipt of a complete application.
1. Approval. If an application is approved, the applicant shall enter into a contract with the city,
subject to approval by the City Council, regarding the terms and conditions of the project. Upon
City Council approval of the contract, the Community Development Director shall issue a
Conditional Certificate of Acceptance of Tax Exemption. The Conditional Certificate expires
three (3) years from the date of approval unless an extension is granted as provided in this
chapter.
2. Denial. The Community Development Director shall state in writing the reasons for denial and
shall send notice to the applicant at the applicant’s last known address within ten (10) days of the
denial. An applicant may appeal a denial to the City Council within thirty (30) days of receipt of
notice. On appeal, the Community Development Director’s decision will be upheld unless the
applicant can show that there is no substantial evidence on the record to support the Community
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Development Director’s decision. The City Council’s decision on appeal will be final.
C. Extension of Conditional Certificate. The Community Development Director may extend the
Conditional Certificate for a period not to exceed twenty-four (24) consecutive months. The
applicant must submit a written request stating the grounds for extension. An extension may be
granted if it is determined that:
1. The anticipated failure to complete construction or rehabilitation within the required time
period is due to circumstances beyond the control of the owner.
2. The owner has been acting, and could reasonably be expected to continue to act, in good faith
and with due diligence.
3. All the conditions of the original contract between the applicant and the city will be satisfied
upon completion of the project.
D. Application for Final Certificate. Upon completion of the improvements agreed upon in the
contract between the applicant and the city and upon issuance of a temporary or permanent
certificate of occupancy, the applicant may request a Final Certificate of Tax Exemption. The
applicant must file with the Community Development Department the following:
1. A statement of expenditures made with respect to all affected multi-family housing units and
the total expenditures made with respect to the entire property.
2. A description of the completed work and a statement of qualification for the exemption.
3. A statement that the work was completed within the required three (3) year period plus any
authorized extension.
Within thirty (30) days of receipt of all materials required for a Final Certificate, the Community
Development Director shall determine which specific improvements satisfy the requirements of
this chapter.
E. Issuance of Final Certificate. If the Community Development Director determines that the
project has been completed in accordance with the contract between the applicant and the city
and has been completed within the authorized time period, the Community Development
Director shall, within ten (10) days, file a Final Certificate of Tax Exemption with the Grant
County Assessor.
1. Denial and Appeal. The Community Development Director shall notify the applicant in
writing that a Final Certificate will not be filed if the Community Development Director
determines that:
a. The improvements were not completed within the authorized time period.
b. The improvements were not completed in accordance with the contract between the applicant
and the city.
c. The owner’s property is otherwise not qualified under this chapter.
Within fourteen (14) days of receipt of the Community Development Director’s denial of a Final
Certificate, the applicant may file an appeal with the City Council. On appeal, the Community
Development Director’s decision will be upheld unless the applicant can show that there is no
substantial evidence to support the Community Development Director’s decision. The City
Council’s decision on appeal will be final.
F. Annual Compliance Review. Within thirty (30) days after the first anniversary of the date of
filing the Final Certificate of Tax Exemption and each year thereafter, for a period of eight (8) or
twelve (12) years, the property owner shall file a notarized declaration with the Community
Development Director indicating the following:
1. A statement of occupancy and vacancy of the multi-family units during the prior year.
2. A certification that the property continues to be in compliance with the contract with the city.
3. A description of any subsequent improvements or changes to the property.
City staff shall also conduct on-site verification of the declaration. Failure to submit the annual
declaration may result in the tax exemption being cancelled.
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G. Cancellation of Tax Exemption. If the Community Development Director determines the
owner is not complying with the terms of the contract, the tax exemption may be cancelled. This
cancellation may occur in conjunction with the annual review or at any other time when non-
compliance has been determined. If the owner intends to convert the multi-family housing to
another use, the owner must notify the Community Development Director and the Grant County
Assessor within sixty (60) days of the change in use.
1. Effect of cancellation. If a tax exemption is cancelled due to a change in use or other non-
compliance, the Grant County Assessor may impose the additional real property tax on the value
of the non-qualifying improvements in the amount that would normally be imposed, plus a
penalty of twenty percent (20%). This additional tax is calculated based upon the difference
between the property tax paid and the property tax that would have been paid if it had included
the value of the non-qualifying improvements dated back to the date that the improvements were
converted to a non-multi-family use. The tax must include interest upon the amount of the
additional tax as determined by the Assessor, and the additional tax owed, together with interest
and penalty, will become a lien on the land and attach at the time the property or portion of the
property is removed from multi-family use or the amenities no longer meet applicable
requirements.
2. Notice of Appeal. Upon determining that a tax exemption is to be cancelled, and after the
Community Development Director’s review with the City Manager, the Community
Development Director shall notify the property owner by certified mail. The property owner may
appeal the determination by filing a notice of appeal with the Finance Director within thirty (30)
days, specifying the factual and legal basis for the appeal. The City Council will conduct a
hearing at which all affected parties may be heard and all competent evidence received. The City
Council may affirm, modify, or repeal the decision to cancel the exemption based on the
evidence received. An aggrieved party may appeal the City Council’s decision to the Grant
County Superior Court.
EXHIBIT 1 MFTE Target Area Map
Exterior Side yard setbacks:
Amend Tables 15.405.090. R-1 Building Dimensional Standards, 15.405.100 Medium Density
Residential (R-2) Standards, and 15.405.110 High Density Residential (R-3) Standards: as
follows:
Table 15.405.090. R-1 Building Dimensional Standards
R-1 Building Dimensions Standard Reference
Front yard and exterior side yard setback (for
parking/vehicle/garage)
25 feet
Front yard and exterior side yard setback (residential
structure)
10 feet
Rear setback 15 feet
Side setback 5 feet
Front yard and exterior side yard setback-porches, covered
entryways, and similar unenclosed building projections
15 feet
Maximum building height 35 feet
Accessory dwelling unit (ADU) maximum height (1)24 feet 15.415.010
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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
Table 15.405.100. R-2 Building Dimensional Standards
R-2 Building Dimensions Standard Reference
Front yard and exterior side yard setback (for
parking/vehicle/garage)
25 feet
Front yard setback (residential structure) 8 feet
Exterior side yard setback-living space 15 feet
Front yard and exterior side yard setback-porches, covered
entryways, and similar unenclosed building projections
15 feet
Rear setback 10 feet
Side setback 5 feet
Table 15.405.110. R-3 Building Dimensional Standards
R-3 Building Dimensions Standard Reference
Front yard and exterior side yard setback (for
parking/vehicle/garage)
22 feet
Front yard setback (residential structure) 8 feet
Rear setback 10 feet
Side setback 5 feet
Exterior side yard setback living space 15 feet
Front yard and exterior side yard setback porches, covered
entryways, and similar unenclosed building projections
15 feet
Maximum building height (1)50 feet (1)
Accessory dwelling unit (ADU) maximum height (2)24 feet 15.415.010
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Zoning Map Revision - Zoning Map amendment to replace Moses Lake Industrial Park (MLIP)
with Light Industrial (LI)
The Zoning Map will be revised as shown in EXHIBIT 2
Building Orientation:
Amend 15.420.030 as follows:
15.420.030 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, except for
infill lot development where adjacent lots, existing building orientation differ from front. The
Director shall consider the surrounding development character in building orientation. This
exception does not apply to the C1 and C1A Commercial zones.
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.
Section 5. Appeals. Interim controls are not subject to appeal.
Section 6. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70.390, the City Council
shall hold a hearing on this interim ordinance before adoption in order to take public testimony.
Section 7. Duration of Interim Regulations. The interim amendments adopted by this ordinance
shall remain in effect until six (6) months from the effective date and shall automatically expire
unless the same are extended as provided in RCW 36.70A.390 and RCW 35A.63.220 prior to that
date, or unless the same are repealed or superseded by permanent amendments prior to that date.
Section 8. Planning Commission Work Program. The City of Moses Lake Planning Commission
is hereby directed to review the interim regulations in 2025. The Commission shall make a
recommendation on whether said amendments, or some modification thereof, should be
permanently adopted. The Moses Lake Planning Commission is directed to complete its review,
to conduct such public hearings as may be necessary or desirable, and to forward its
recommendation to the Moses Lake City Council prior to the expiration of the interim
amendments. The work program shall include input from citizens and City staff.
Section 9. Severability. If any section, sentence, clause or phrase of this ordinance should be held
to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 10. Enforcement. Violations of this ordinance are enforceable to the same extent as other
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violations of Title 15 MLUDC and are equally subject to injunctive and other forms of civil relief
that the City may seek.
Section 11. Conflict. In the event that there is a conflict between the provisions of this ordinance
and any other City ordinance, the provisions of this ordinance shall control.
Section 12. Declaration of Emergency. The Moses Lake City Council hereby finds and declares
that an emergency exists which necessitates that this ordinance become effective immediately in
order to preserve the public health, safety and welfare of the City of Moses Lake, pursuant to RCW
35A.13.190.
Section 13. Effective Date. This Ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth herein.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on
February 11, 2025.
________________________________________
Dustin Swartz, Mayor
ATTEST:
________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Lombardi Skaug
Vote: Aye Aye Aye Aye Aye Aye Aye
Date Published:
Date Effective:
February 18, 2025
February 11, 2025
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EXHIBIT 1
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EXHIBIT 2
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REF. NUMBER
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