“Kennel” means any lot or premises on which four (4) or more dogs over four (4) months of age are kept.

“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.

“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:

“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:

“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 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.

“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.

“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 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 floodplain 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. (Ord. 3051, 9/24/24)

“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.

“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. (Ord. 3051, 9/24/24)

“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.

“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.

“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.

“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 nonindigenous 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.

“Cultivation” means the planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof. (Ord. 3051, 9/24/24)

“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 prerequisite 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 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.

“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. (Ord. 3051, 9/24/24)

“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.

“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. (Ord. 3051, 9/24/24)

“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.

“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.

“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. (Ord. 3051, 9/24/24)

“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.

“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. (Ord. 3051, 9/24/24)

“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 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. (Ord. 3051, 9/24/24)

“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 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:

“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 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:

“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. (Ord. 3051, 9/24/24)

“Kennel” means any lot or premises on which four (4) or more dogs over four (4) months of age are kept. (Ord. 3051, 9/24/24)

“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.

“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 nonelevation design requirements. (Ord. 3051, 9/24/24)

“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.

“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 floodplain 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.

“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.

“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. (Ord. 3051, 9/24/24)

“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 “nonprofit corporation,” as used herein, does not refer to an organization’s federal tax code status.

“Nonresidential Property” shall mean all properties that are billed as commercial accounts per Chapter 13.12 MLMC.

“Nonstormwater” 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. (Ord. 3051, 9/24/24)

“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:

“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:

“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. (Ord. 3051, 9/24/24)

“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.

“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 nontransient 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.

“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:

“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.

“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.

“Preapplication 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.

“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. (Ord. 3051, 9/24/24)

“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.

“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 multifamily 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.

“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. (Ord. 3051, 9/24/24)

“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.

“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:

“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.”

“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.

“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.

“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, 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:

“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.

“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: V (Vertical Distance)/H (Horizontal Distance) × 100 = Slope %

“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 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 nonstormwater.

“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.

“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.

“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. (Ord. 3051, 9/24/24)

“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.

“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). (Ord. 3051, 9/24/24)

“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 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. (Ord. 3051, 9/24/24)

“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. (Ord. 3051, 9/24/24)

“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.

“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 (nonwetland) 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 nonwetland 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 nonwetland 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.

“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. (Ord. 3051, 9/24/24)

“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 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. (Ord. 3051, 9/24/24)

“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. (Ord. 3051, 9/24/24)

B. Calculations for Determining Minimum Density – Net Area. All site areas shall be used in the calculation of minimum allowed residential density except:

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.

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.

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 E 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.

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:

A. Guiding Principles. In interpreting the MLUDC, the Director shall adhere to the following rules of construction in interpreting and applying the Code: