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Moses Lake City Zoning Code

Division 15.400

Zoning and Overlay Districts

15.405.010 Purpose:

The purpose of this Part is to establish and define the land use zones located within and throughout the City of Moses Lake. The City is divided into zones that are established and enforced for the following purposes:

A. To provide for the geographic distributions of zones based on land uses that reflect the vision, goals, and policies of the Moses Lake Comprehensive Plan;

B. To provide for a consistent and compatible residential land use pattern;

C. To preserve and provide for the public safety needs of the citizens of Moses Lake. (Ord. 3051, 9/24/24)

15.405.020 Adopted Zoning Map and Interpretation:

The City of Moses Lake adopts, maintains, interprets, and enforces its Official Zoning Map according to the following:

A. The boundaries of Zones and Overlay Zones are shown upon the map entitled “Official Zoning Map of the City of Moses Lake” (referred to hereinafter as “Zoning Map”) which is incorporated into and made part of the MLUDC by reference.

B. The Zoning Map and all notations, references, and other information shown on it are a part of the MLUDC and have the same force and effect as the MLUDC.

C. The Zoning Map that is on file at the City of Moses Lake Community Development Services shall control in the event of a conflict between the map that is on file and any other reproduction of said map, including but not limited to, maps that are made available electronically.

D. Amendments to the Zoning Map approved by Ordinance of the City Council shall be made administratively by the Director or designee. Technical changes to the Zoning Map that are necessary to ensure that the Zoning Map accurately reflects zone boundaries previously approved by Ordinance of the City Council shall also be made administratively by the Director or designee, including subsequently discovered scrivener’s errors. Zoning Map amendments approved by the City Council have immediate effect, unless otherwise specified in the enabling Ordinance.

E. Amendments to the Zoning Map that stem from a privately initiated zoning change request shall only be implemented on the Zoning Map after a Final Decision has been rendered on the underlying zone change request, and after the time limit for which an appeal by an interested party has expired. A duly filed and accepted appeal shall pause the implementation of the change until resolved.

F. Zone boundaries, unless otherwise indicated, are lot lines or the center line of streets and alleys as shown on the official Zoning Map. Where the street layout on the ground varies from that shown on the Zoning Map, the designations shown on the map shall be applied to the streets as actually laid out so as to carry out the intent and purposes of the MLUDC. In a case where it appears that the Zoning Map shows a zone boundary bisecting or otherwise crossing an existing parcel, the Director shall make an Administrative Code Interpretation decision that seeks to carry out the intent and purpose of the MLUDC and any relevant Ordinance or Final Decision meant to establish the zoning boundary at the appropriate lot line, street, or alley. (Ord. 3051, 9/24/24)

15.405.030 Establishment of Zones:

In order to carry out the provisions of the MLUDC, the City is divided into the zones set forth in Table 15.405.030, Moses Lake Zones.

Table 15.405.030. Moses Lake Zones

Zone Classification /Name

Abbreviation

Character

Purposes

Residential

Low Density Residential

R-1

Suburban

Provides for low-density residential development in neighborhoods already characterized by one and two-family dwellings, and in areas not suited to more intense residential development. These purposes are accomplished by:

1. Allowing detached single-family as the predominant use;

2. Allowing multi-unit structures that are compatible with a single-family aesthetic;

3. Providing design standards and guidelines that enhance the appearance and function of uses in the zone and their compatibility with surrounding uses.

Medium Density Residential

R-2

Auto-oriented or Suburban

Provides for moderate density residential uses in a mix of housing types and styles.

1. Allowing multifamily, townhomes, cottage housing, and mixed housing type uses;

2. Providing design standards and guidelines that enhance the appearance and function of uses in the zone and their compatibility with surrounding uses

High Density Residential

R-3

Auto-oriented or Urban

Provides for multifamily residential uses in more urbanized areas of the City in a range of styles, including limited opportunities for mixed-use development. This designation also serves as transitional areas between lower-density residential neighborhoods and non-residential areas.

1. Allowing multifamily, townhomes, cottage housing, and mixed housing types;

2. Providing design standards and guidelines that enhance the appearance and function of uses in the zone and their compatibility with surrounding uses.

Commercial and Mixed Use

Central Business District/Downtown

C1

Urban core

This zone provides for a pedestrian oriented mixed-use area that focuses less on automotive traffic. It is intended to provide for a variety of uses to facilitate a live, work, play environment.

Transitional Commercial/Downtown

C1A

Urban core

This zone provides for a pedestrian oriented mixed-use area that focuses less on automotive traffic. It is intended to provide for a variety of uses to facilitate a live, work, play environment.

General Commercial and Business Zone

C-2

Auto-oriented suburban or urban

Facilitates economic activity in Moses Lake through commercial development in a variety of forms and locations. The zone orients mainly to automotive traffic

Industrial

Light Industrial

L-I

Auto-oriented

Intended to accommodate a variety of light industrial uses including but not limited to manufacturing, warehousing, distribution operations, processing, and fabricating, and to preserve land for such use.

Heavy Industrial

H-I

Auto-oriented

Intended to accommodate heavy industrial uses and to preserve land for such uses at locations that will permit less restrictive industrial performance standards and bulk regulations than are required in the L-I Zone, thereby providing greater flexibility to accommodate a variety of heavy industrial uses including but not limited to manufacturing, fabricating, processing, warehousing, distribution operations, and assembly. These purposes are accomplished by providing design standards and guidelines that enhance the appearance and function of uses in the zone and their compatibility with surrounding uses.

Public

Public

P

Varies

Indicates areas that are used for the variety of public uses which are required in a city such as parks, offices, community facilities, and schools. All publicly owned property is to be designated “Public” unless otherwise zoned.

Parks and Open Space

OS

Natural

Intended to designate areas reserved for parks or open space uses that are generally available to the public.

(Ord. 3051, 9/24/24)

15.405.040 Establishment of Overlay Districts:

A. Overlay districts are complimentary to the underlying zoning designation and may apply additional criteria or standards along with those for the underlying zone. Any discrepancies should be resolved in favor of the overlay district standards.

B. Overlay district are established in the following Table 15.405.040, Moses Lake Overlay Districts.

Table 15.405.040. Moses Lake Overlay Districts

Overlay District

Abbreviation

Purposes

Downtown Creative District

DCD

Intended to promote revitalization of Downtown Moses Lake through targeted investments that will promote a unique sense of place, increase the vitality of Downtown by adding housing and mixed-use development, and reinforce Downtown’s role as a civic center for the community.

Broadway Revitalization District

BRD

Intended to improve the overall viability of development in this important gateway corridor into Downtown Moses Lake through infrastructure investments, public-private partnerships, and land use regulations to promote infill development.

EPA Groundwater Institutional Control Boundary

Pertains to land surrounding the Grant County Airport and is a designated as a U.S. Environmental Protection Agency (EPA) Superfund site due to soil and groundwater contamination resulting from past industrial activity. The EPA has documented two groundwater contamination plumes, and clean-up activities in the area are ongoing. In addition to technical cleanup and remediation measures, institutional controls, such as zoning and development regulations, may be necessary to ensure the safety of residents and businesses in the area. The Institutional Control Boundary delineates the area where such controls may be necessary, as determined by the EPA.

Municipal Airport Overlay Districts (Grant County and Moses Lake Municipal)

This zone relates to the property within the boundary of the Moses Lake Municipal Airport. The primary purposes of the Moses Lake Municipal Airport Zone are: A. To assure that the property comprising the Moses Lake Municipal Airport will continue to be used in a manner that is compatible with general aviation airport and aircraft operations. and B. To establish a framework within which both commercial and recreational aviation and aviation-related activities can prosper.

(Ord. 3051, 9/24/24)

15.405.050 Interpretation of Land Use by Zone Tables:

A. The purpose of this Chapter is to establish where categories of land uses may be permitted and whether those uses are allowed outright or by conditional use permit. Permitted uses may have additional standards or criteria that apply. Land uses are also subject to any footnotes contained within this Chapter. Land uses not listed are presumed to be prohibited. If a proposed use is not listed, but may be substantially similar to a listed use, an Applicant may seek clarification through a request for a Code Interpretation. See also 15.405.080 below.

B. The symbols used in the table represent the following:

1. A “P” means “permitted as-of-right.” These uses are subject to administrative review for compliance with the general requirements of the MLUDC, as well as any additional criteria or standards that apply to the particular use.

2. A “C” indicates that the use is allowed by Conditional Use Permit (CUP) and is subject to the conditional use provisions in MLUDC Chapter 15.225 and any additional standards specified.

3. A “L” indicates that the use is “limited” and includes additional standards, criteria, and specifications.

4. No symbol in the box indicates the use is prohibited in the zone.

C. Procedural requirements for permits are described in Part 15.200. (Ord. 3051, 9/24/24)

15.405.060 Residential Land Uses by Zone:

The residential land uses that are allowed in each zone are outlined in Table – Residential Land Uses by Zone. Housing descriptions and standards for each housing type are within the standards sections. Permitted uses may still have additional standards that apply to specific types of development in all or some zones.

Table 15.405.060. Residential Land Uses by Zone

Land Use

Zones

MLDUC Reference

Residential

Commercial and Mixed Use

Industrial

Public

R-1

R-2

R-3

C-1

C-1A

C-2

L-I

H-I

P

Single Family Dwelling Unit

P

P

P

15.410 & 15.415

Zero Lot Line Home

P

P

P

15.410 & 15.415

Accessory Dwelling Unit

P

P

P

15.410 & 15.415

Duplex

P

P

P

15.410 & 15.415

Townhouse

P

P

P

15.410 & 15.415

Stacked Flats

P

P

15.410 & 15.415

Triplexes (1)

P

P

P

15.410 & 15.415

Fourplexes (1)

P

P

P

15.410 & 15.415

Fiveplexes

P

15.410 & 15.415

Sixplexes

P

15.410 & 15.415

Cluster Housing Developments (2)

P

P

15.410 & 15.415

Courtyard Apartments

P

15.410 & 15.415

Cottage Housing (2)

P

P

15.410 & 15.415

Multifamily Residential

P

P(L)

P(L)

C

15.410 & 15.415

L – Accessory Use on second floor

Manufactured Homes

P

P

15.410 & 15.415

Manufactured Home Parks

C

C

15.410 & 15.415

Modular Homes

P

P

P

15.410 & 15.415

Micro (Tiny) Homes (3)

P

P

P

15.410 & 15.415

Mixed Use Residential Development

P

P

P

P

15.410 & 15.415

Other Housing (4)

P

P

P

15.410 & 15.415

Special Residential Land Uses

Assisted Living or Congregate Care

P

P

P

C

C

Group Home

P

P

P

C

C

Home Occupation

P

P

15.630

Short Term Rental

P

P

P

15.650

Live-Work Unit

P

P

C

C

15.420

Nursing Home, Memory Care, Alzheimer’s Care

C

C

C (5)

C(5)

P

Protective Care

P

P

P

P

P

P

Boarding House

C

C

C

P

P

RV Parks (for housing)

P

15.415

Transitional Housing

15.415

“P” = Permitted Use; “L” = Limited Use (see section and standards); “C” = Conditional Use

Development conditions (footnotes)

1Triplexes and Fourplexes in the R-1 and R-2 Zone shall only be located on corner lots.

2Cluster developments including cottage housing shall comply with the subdivision and development standards in Part. Cluster housing shall avoid critical areas in accordance with Part 15.500.

3Micro (Tiny) Homes shall be allowed in each zone with densities and unit allocations as outlined in 15.415.010.

4Other Housing types, as they may exist now or be developed in the future, shall always be subject to all additional criteria found in referenced code sections, as well as all applicable building, fire, and health standards.

5These facilities may not be located or operated on the ground floor of buildings in the Downtown Zone.

(Ord. 3051, 9/24/24)

15.405.070 Nonresidential Land Uses by Zone:

The nonresidential land uses that are allowed in each zone are outlined in Table Non-Residential Land Uses by Zone. Standards can be found within the standards sections. Permitted uses may still have additional standards that apply to specific types of development in all or some zones.

Table 15.405.070. Non-Residential Land Uses by Zone

Land Use

Zones

MLDUC Reference

Residential

Commercial and Mixed Use

Industrial

Public

R-1

R-2

R-3

C-1

C-1A

C-2

L-I

H-I

P

Hospitality, Recreation, and Entertainment Uses

Exhibition Halls and Museums

P

P

P

P

Bed and Breakfast

P

P

P

C

Brewery or Winery (production only)

P(L)

P(L)

L - Micro Brewery, Distillery, Winery – CUP

Brewpub

P1

P1

P

Limited Winery / Tasting Rooms (no production)

P

P

Exception for Fairgrounds

Distillery

P

P

Bar

P

P

P

Campground, public

P

Campground, private

C

C

Commercial Lodging, Business or Tourist

P

P

P

Commercial Lodging, Convention

P

P

P

P

Convention Center

P

P

P

P

Community Center or Service Clubs

P (2)

P (2)

P (2)

P

P

P

Fairgrounds

P

Golf Course, public

C

C

C

P

Golf Course, private

C

C

C

C

Indoor Amusement, Recreation and Entertainment

P

P

P

P

Indoor Firing or Gun Range

C

C

C

C

C

Movie Theatre

P

Outdoor Commercial Recreation or Amusement

P

P

P

P

C

Outdoor Stadium, Arena, Amphitheatre, or Drive-In Theater

C

P

Parks

P

P

P

P

P

P

P

P

P

Restaurant

C (3)

C (3)

P

P

P

P

CUP under 2,000 sq ft

Restaurant, Fast Food (Drive through)

P

P

Skating Rink

P

P

RV Park

P

C

Adult Entertainment

C

Zoo

C

C

Commercial Uses

Electric vehicle charging stations(4)

P

P

P

P

P

P

P

P

P

Fueling or service stations

P

P

P

Fruit or Vegetable Stand

P

Laundromat

P

P

P

Cannabis/Marijuana *retail

P

P

C

Motor vehicle wash

P

P

P

P

Motorcycle, scooter, E-bike, ATV sales or rental

C

C

P

P

Office, General

C

C

P

P

P

P

L -Size, location and 2nd floor, define

Office, Medical

P(L)

P

P

P

P

L -Size, 2nd floor, location and define

Office, Personal Services

P(L)

P

P

P

C

L -Size, location, 2nd floor and define

Retail Sales and Services

P

P

P

P

C

Kennel (Indoor

P

P

P

P

Kennel (outdoor)

P

Surface parking (2)

P

P

P

P

P

Paid / Accessory – off-site

Structured parking

C

C

P

P

P

Veterinarian (Large Animal)

P

Veterinarian (Small Animal)

P

P

P

P

Nursery or Greenhouse, Wholesale

P

P

P

P

Community and Institutional Uses

Airport

P

Bus or Taxi Terminal

C

C

C

C

Cemetery

C

P

Churches, Temples, Synagogues, etc.

C

C

C

C

C

P

Day Care Center, Adult or Child, Level 1

C

C

C

C

C

P

15.605

Day Care Center, Adult or Child, Level 2

C

C

C

C

C

C

15.605

Funeral Home

P

P

Essential Public Facilities

15.625

Hospital

C

C

School

C

C

C

C

C

C

C

Makers Space / Incubator

P

P

P

P

University or College, Vocational Schools

P

P

P

P

Community Garden

P

P

P

P

P

P

P

P

Industrial Uses

Concrete Products

P

P

Concrete Manufacturing

P

Composting Facility

P

P

Cryptocurrency

C

15.615

Data Centers

C

15.615

Disposal

Food Processing

P

P

Heavy Industry (L)

C

P

Heavy vehicle sales or rental, including tractor trailers, RV’s, implements, etc.

P

P

P

Heavy Logistics Center

P

P

Light Industry (L)

P

P

Light Manufacturing

Cannabis/ Marijuana production and processing

C

C

15.635

Recycling Collection Center

P(L)

P

P

L – up to 2,000 sq ft

Rendering Plant/Slaughterhouse

P

Resource Extraction (minerals)

C

Salvage Yard

C

P

Self-Storage / Mini-storage

C

P(L)

P

P

15.640

Contractor Yard

P

P

Storage Yard

P

P

Storage of Gravel & Equipment for construction

P

P

Governmental, Utility, and Wireless Communication

Court House

P

P

P

Fire Station

P

P

P

P

P

P

P

P

P

Jail

C

P

Library

P

P

P

P

P

Police Station

P

P

P

P

P

P

P

P

P

Public Agency or Utility Office

P

P

P

P

Public Agency or Utility Yard

P

P

P

Utility Facility

C

P

P

P

P

Freestanding Communications Tower

C

C

C

C

15.655

Alternative Tower Structure

C

C

C

C

15.655

Small Cell Wireless Facility

P

P

P

P

P

P

P

P

P

15.657

Other Wireless Communication Facilities

C

C

C

C

C

C

15.655

Development conditions (footnotes)

1A Brewery or Winery with a retail component is limited to a maximum of 4,000 sq ft in C-1 or C-1A and 10,000 sq ft in C-2.

2These facilities are allowed in residential zones so long as there is no service, sale, or use or alcohol or cannabis products.

3Restaurants in the residential zones shall be no larger than 2,000 sq ft.

4Vehicle battery charging stations are permissible for the primary use of residents and their guests in all residential zones. Battery charging station clusters are permitted for multifamily uses located in the R-3 zone.

5Use is described as primary use on site not secondary. Grading and/or site development permit is required.

6Indoor.

(Ord. 3051, 9/24/24)

15.405.080 Unlisted Uses:

A. How to Determine. If a proposed use is not listed in a Land Use by Zone Table, then the Director or designee shall determine whether the proposed use is functionally comparable to a use that is listed in Tables 15.405.060 and 15.405.070. A request for such a determination is considered a Code Interpretation Type I Permit. Once an official request for a Code Interpretation is received and accepted by the Department, the Director or designee shall determine whether the proposed unlisted use is functionally comparable to a listed use, or not, according to the criteria and considerations in subsection B below.

B. Decision Criteria. The following decision criteria shall be evaluated when the Director determines whether a proposed use is functionally comparable to an allowed use:

1. Parking demand;

2. Average daily and peak hour trip generation;

3. Noise;

4. Vibration;

5. Lighting;

6. Dust;

7. Odors;

8. Potentially hazardous conditions, such as projectiles leaving the site;

9. Secondary impacts on the community (e.g., increased crime or threats to public health, or degradation of historic resources);

10. Design of buildings and structures;

11. Character of operation;

12. Implementation of the Comprehensive Plan;

13. The latest version of the North American Industry Classification System; and

14. Any other relevant consideration.

C. Determinations.

1. If the Director determines that the unlisted use is functionally comparable to a permitted or conditional use, then an application for approval of the unlisted use shall be processed with the same restrictions as the listed use that it is functionally comparable to.

2. If the Director determines that an unlisted use is most closely functionally comparable to a prohibited use, or is not functionally comparable to any listed use, then the unlisted use is a prohibited use. (Ord. 3051, 9/24/24)

15.405.090 Low Density Residential (R-1) Standards1:

A. In General. The R-1 zone is the residential zone with larger lots and a lower density of development. This zone is primarily focused on detached single dwelling units with potential for accessory dwellings, but also allows attached units and small-sized multi-unit structures that are consistent with the lower density character of the zone.

Table 15.405.090. R-1 Building Dimensional Standards

R-1 Building Dimensions

Standard

Reference

Front yard and exterior side yard setback (for parking/vehicle/garage)

25 feet

Front yard and exterior side yard setback (residential structure)

10 feet

Rear setback

15 feet

Side setback

5 feet

Front yard and exterior side yard setback-porches, covered entryways, and similar unenclosed building projections

10 feet

Maximum building height

35 feet

Accessory dwelling unit (ADU) maximum height (1)

24 feet

15.415.010

Accessory structure maximum height (1)

20 feet

Parking Requirements (1)

2 off street spots per principal unit

Minimum Lot Width (1) (2) (3)

40 feet (25 on curves and cul-de-sac)

Minimum Lot Depth (3)

75 feet

Minimum Lot Size (3)

4,000 sq ft or 10 units per acre

Notes:

(1)Exceptions and Standards for Accessory Dwelling Units are outlined in MLUDC 15.415.010.

(2)Corner lots shall have a minimum width of 60 feet in the R-1 Zone.

(3)The minimum lot width, depth, and size may be reduced in a subdivision as long as the average of all of the lot sizes within the subdivision remains equal to or above the minimum lot width, depth, and size. All lots must comply with all other requirements, including but not limited to minimums set forth in Title 16 MLMC, Buildings and Construction.

B. Density. Generally, the maximum number of residential units per lot in the R-1 Zone is two (2) principal dwelling units. Increased density per lot is allowed under the following circumstances:

1. Affordable Housing. If one or more of the residential units on a particular lot is designated as “affordable housing” meeting the requirements of RCW 36.70A.635(2), then there may be up to four (4) principal residential units on that lot.

2. Corner Lots. Triplexes and Fourplexes are allowed uses on corner lots within the R-1 Zone. Therefore, the maximum number of principal residential units is four (4) per corner lot within the R-1 Zone, so long as the units are all within the same structure.

3. ADUs. The addition of two (2) Accessory Dwelling Units (ADUs) per lot is generally allowed. ADUs are considered residential units (but no principal units) when calculating per lot density. All underlying zoning standards, as well as those found in MLUDC 15.415.010, shall always apply. The number of ADUs allowed to be constructed on each lot in the R-1 Zone shall be as follows:

a. If the principal unit is a single-family detached unit with no other residential units on the lot, then two (2) ADUs are permitted on that lot.

b. If the subject lot contains only two (2) principal residential units (i.e. a duplex), then only one (1) ADU is allowed.

c. If the subject lot already contains three (3) or more residential units, then ADUs shall not be allowed to be constructed on that lot.

C. Primary Entrance.

1. Residential units shall have a primary entrance that faces the street or a common courtyard.

2. The primary entrance shall include an architectural feature such as a porch, landing, or portico.

3. There shall be a walkway from the primary entrance to the sidewalk or driveway.

D. Landscape and Hardscape Standards. Landscaping shall comply with MLUDC Chapter 15.720.

E. Building Height Plane. Buildings shall comply with MLUDC Chapters 15.410 and 15.415.

F. Massing Standards. All principal residential dwelling structures that contain more than one residential unit shall comply with the applicable standards found in MLUDC Chapters 15.410 and 15.415. (Ord. 3074, 2025; Ord. 3051, 9/24/24)

1 Code reviser’s note: This section has been amended by interim Ord. 3067. The amendments adopted by Ord. 3067 shall remain in effect until six (6) months from the effective date (February 11, 2025) and shall automatically expire unless the same are extended as provided in RCW 36.70A.390 and 35A.63.220 prior to that date, or unless the same are repealed or superseded by permanent amendments prior to that date.

15.405.100 Medium Density Residential (R-2) Standards1:

A. In General. The R-2 zone is the residential zone with moderate density residential uses and a mixture of housing types at a medium density. This zone is comprised of a mixture of housing types ranging from single dwelling units up to fourplexes. The intent of this zone is to allow a diversity of housing types while maintaining a moderate density neighborhood character.

Table 15.405.100. R-2 Building Dimensional Standards

R-2 Building Dimensions

Standard

Reference

Front yard and exterior side yard setback (for parking/vehicle/garage)

25 feet

Front yard setback (residential structure)

8 feet

Exterior side yard setback living space (residential structure)

8 feet

Front yard and exterior side yard setback porches, covered entryways, and similar unenclosed building projections

8 feet

Rear setback

10 feet

Side setback

5 feet

Maximum building height

50 feet (1)

Accessory dwelling unit (ADU) maximum height (1)

24 feet

15.415.010

Accessory structure maximum height (1)

20 feet

Parking Requirements (1)

2 off street spots per principal unit

Minimum Lot Width (1) (2)

40 feet (25 on curves and cul-de-sac)

Minimum Lot Depth (2)

75 feet

Minimum Lot Size (2)

2,700 sq ft or 10 units per acre

Notes:

(1)Exceptions and Standards for Accessory Dwelling Units are outlined in MLUDC 15.415.010.

(2)The minimum lot width, depth, and size may be reduced in a subdivision as long as the average of all of the lot sizes within the subdivision remains equal to or above the minimum lot width, depth, and size. All lots must comply with all other requirements, including but not limited to minimums set forth in Title 16 MLMC, Buildings and Construction.

B. Density. Generally, the maximum number of residential units per lot in the R-2 Zone is two (2) principal dwelling units. Increased density per lot is allowed under the following circumstances:

1. Affordable Housing. If one or more of the residential units on a particular lot is designated as “affordable housing” meeting the requirements of RCW 36.70A.635(2), then there may be up to four (4) principal residential units on that lot.

2. Corner Lots. Triplexes and Fourplexes are allowed uses on corner lots within the R-2 Zone. Therefore, the maximum number of principal residential units is four (4) per corner lot within the R-2 Zone, so long as the units are all within the same structure.

3. ADUs. The addition of two (2) Accessory Dwelling Units (ADUs) is generally allowed. ADUs are considered residential units (but not principal units) when calculating per lot density. All underlying zoning standards, as well as those found in MLUDC 15.415.010, shall always apply. The number of ADUs allowed to be constructed on each lot in the R-2 Zone shall be as follows:

a. If the principal unit is a single-family detached unit with no other residential units on the lot, then two (2) ADUs are permitted on that lot.

b. If the subject lot contains only two (2) principal residential units (i.e. a duplex), then only one (1) ADU is allowed.

c. If the subject lot already contains three (3) or more residential units, then ADUs shall not be allowed to be constructed on that lot.

C. Primary Entrance.

1. Residential units shall have a primary entrance that faces the street or a common courtyard.

2. The primary entrance shall include an architectural feature such as a porch, landing, or portico.

3. There shall be a walkway from the primary entrance to the sidewalk or driveway.

D. Landscape and Hardscape Standards. Landscaping shall comply with MLUDC Chapter 15.720.

E. Building Height Plane. Buildings shall comply with MLUDC Chapters 15.410 and 15.415.

F. Massing Standards. All principal residential dwelling structures that contain more than one residential unit shall comply with the applicable standards found in MLUDC Chapters 15.410 and 15.415. (Ord. 3074, 2025; Ord. 3051, 9/24/24)

1 Code reviser’s note: This section has been amended by interim Ord. 3067. The amendments adopted by Ord. 3067 shall remain in effect until six (6) months from the effective date (February 11, 2025) and shall automatically expire unless the same are extended as provided in RCW 36.70A.390 and 35A.63.220 prior to that date, or unless the same are repealed or superseded by permanent amendments prior to that date.

15.405.110 High Density Residential (R-3) Standards1:

A. In General. The R-3 zone is intended to be a more urbanized residential zone with the highest density and mixture of residential uses. This zone is transitional from lower density residential zones towards commercial or mixed-use districts. This allows for the largest range of housing types while maintaining compatibility and a transitional form between land uses.

Table 15.405.110. R-3 Building Dimensional Standards

R-3 Building Dimensions

Standard

Reference

Front yard and exterior side yard setback (for parking/vehicle/garage)

22 feet

Front yard setback (residential structure)

8 feet

Rear setback

10 feet

Side setback

5 feet

Exterior side yard setback living space (residential structure)

8 feet

Front yard and exterior side yard setback porches, covered entryways, and similar unenclosed building projections

8 feet

Maximum building height (1)

50 feet (1)

Accessory dwelling unit (ADU) maximum height (2)

24 feet

15.415.010

Accessory structure maximum height (2)

20 feet

Lot building coverage

75%

Parking Requirements (2)

2 off street per unit

15.715

Minimum Lot Size (4)

2,000 sq ft

Maximum Density (3)

25 units per acre

Notes:

(1)The maximum building height may be increased to 50 feet if the bottom floor or base layer of the structure is used for parking.

(2)Exceptions for Accessory Dwelling Units are outlined in MLUDC 15.415.010.

(3)The Maximum Density of 25 units per acre applies to multifamily development, not for the purposes of determining minimum lot size.

(4)The minimum lot size may be reduced in a subdivision as long as the average of all of the lot sizes within the subdivision remains equal to or above the minimum lot size. All lots must comply with all other requirements, including but not limited to minimums set forth in Title 16 MLMC, Buildings and Construction.

B. High Density Housing Density. Generally, the maximum number of residential units per lot in the R-3 Zone is two (2) principal dwelling units. Increased density per lot is allowed under the following circumstances:

1. Affordable Housing. If one or more of the residential units on a particular lot is designated as “affordable housing” meeting the requirements of RCW 36.70A.635(2), then there may be up to four (4) principal residential units on that lot.

2. ADUs. The addition of two (2) Accessory Dwelling Units (ADUs) is generally allowed. ADUs are considered residential units (but not principal units) when calculating per lot density. All underlying zoning standards, as well as those found in MLUDC 15.415.010, shall always apply. The number of ADUs allowed to be constructed on each lot in the R-3 Zone shall be as follows:

a. If the principal unit is a single-family detached unit with no other residential units on the lot, then two (2) ADUs are permitted on that lot.

b. If the subject lot contains only two (2) principal residential units (i.e. a duplex), then only one (1) ADU is allowed.

c. If the subject lot already contains three (3) or more residential units, then ADUs shall not be allowed to be constructed on that lot.

d. No ADUs are allowed on a lot that has multifamily development.

C. Multifamily Residential Density. Multifamily development in the R-3 zone is allowed to construct units up to a maximum density of 25 units per acre.

1. Courtyard apartments, cottage housing, and all other middle housing options are not considered multifamily residential developments for the purposes of applying these density standards.

D. Primary Entrance.

1. Residential units shall have a primary entrance that faces the street or a common courtyard.

2. The primary entrance shall include an architectural feature such as a porch, landing, or portico.

3. There shall be a walkway from the primary entrance to the sidewalk or driveway.

E. Landscape and Hardscape Standards. Landscaping shall comply with MLUDC Chapter 15.720.

F. Building Height Plane. Buildings shall comply with MLUDC Chapters 15.410 and 15.415.

G. Massing Standards. All principal residential dwelling structures that contain more than one residential unit shall comply with the applicable standards found in MLUDC Chapters 15.410 and 15.415. All multifamily residential construction shall comply with the applicable standards found in MLUDC Chapters 15.410 and 15.415. (Ord. 3074, 2025; Ord. 3051, 9/24/24)

1 Code reviser’s note: This section has been amended by interim Ord. 3067. The amendments adopted by Ord. 3067 shall remain in effect until six (6) months from the effective date (February 11, 2025) and shall automatically expire unless the same are extended as provided in RCW 36.70A.390 and 35A.63.220 prior to that date, or unless the same are repealed or superseded by permanent amendments prior to that date.

15.405.120 Nonresidential and Mixed Use Standards:

The below Table – Nonresidential and Mixed Use Building Standards sets the standards for nonresidential and mixed use development.

Table 15.405.120. Nonresidential and Mixed Use Building Dimensional Standards

Building Dimensions

C-1

C-1A

C-2

L-I

H-I

P

Lot Area

N/A

N/A

N/A

N/A

N/A

N/A

Lot Width

N/A

N/A

N/A

N/A

N/A

N/A

Front Setback

0 ft.

0 ft.

15 ft.

0 ft.

0 ft.

25 ft.

Street Side

0 ft.

0 ft.

15ft.

0 ft.

0 ft.

25 ft.

Interior Side

Principal Buildings

0 ft.

0 ft.

0 ft.

0 ft.

0 ft.

10 ft.

Accessory Buildings

0 ft.

0 ft.

0 ft.

0 ft.

0 ft.

5 ft.

Rear

Principal Buildings

0 ft.

0 ft.

0 ft.

0 ft.

0 ft.

20 ft.

Accessory Buildings

0 ft.

0 ft.

0 ft.

0 ft.

0 ft.

15 ft.

Maximum Building Height

Principal Buildings

100 ft.

100 ft.

100 ft.

50 ft.

N/A

45 ft.

Accessory Buildings

100 ft.

100 ft.

100 ft.

50 ft.

N/A

45 ft.

Note: All structures must comply with all other requirements, including but not limited to any minimums or maximums set forth in Title 16 MLMC, Buildings and Construction.

(Ord. 3051, 9/24/24)

15.410.010 Compliance with Standards and Guidelines:

All residential development shall comply with the design standards and guidelines applicable to the type of use and/or the district in which the proposed development is located. The Director, or other decision maker so specified, shall have the authority to apply the standards to specific development proposals as conditions of approval. The residential district provisions in this Part generally apply to the following development within the City:

A. All residential development.

B. All mixed use development that includes residential development

C. All alternative residential development

D. All residential subdivisions.

These standards are intended to supplement other provisions of the MLUDC and other existing City codes applicable to developments. Where there is a conflict between the provisions of this Chapter and other codes, the most stringent shall apply. (Ord. 3051, 9/24/24)

15.410.015 Design Standards and Guidelines Adopted by Reference:

A. Standards Adopted by Reference. This Chapter recognizes and incorporates the standard details for construction of public improvements, as it exists now or as it may hereafter be amended. The City Council has established by resolution the standard details for construction of public improvements, and other matters pertaining to the MLUDC. The standard details for construction of public improvements shall be kept by the City Engineer or the City Clerk and may be altered or amended by resolution of the City Council. Where conflicts or inconsistencies arise between the standard details for construction as approved by resolution of the City Council and those in other titles, the standard details for construction as approved by resolution of the City Council supersede those in other titles.

B. Standards Adopted by Reference Minimum. The standards and requirements established or referenced by the MLUDC are minimum requirements. These standards may be increased and additional requirements may be imposed for the purpose of mitigating identified probable significant adverse environmental impacts pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, as now established or hereafter amended. Such additional requirements may include, but shall not be limited to, off-site improvements to any public facility, the dedication or improvement of parks and open spaces, and monetary contributions to any City fund established to finance the provision of public services. (Ord. 3051, 9/24/24)

15.410.020 Low Density Residential (R-1) Standards:

A. Windows. No building shall be designed without windows on a building façade. Exceptions may be made for zero-lot line homes as approved by the Director.

B. Siding Materials. Siding materials shall be wood, masonite, masonry, stucco, vinyl, or other exterior siding similar in appearance to siding materials commonly used on conventional site-built single-dwelling unit homes. The exterior siding materials shall extend to the top of the foundation or skirting.

C. Foundation. A permanent, perimeter masonry or a concrete foundation shall be required for all residential dwellings in the R-1 Residential District. Manufactured homes located within residential districts other than the R-1 Residential District, shall have a perimeter foundation or skirting that is similar in appearance to the foundations of site-built housing. Manufactured homes shall be placed on concrete runners extending for the length of the required blocking and eighteen (18) inches beyond the end pier. The runners shall be no less than six (6) inches in thickness and a minimum of two (2) feet in width. The runners will be reinforced with #4 rebar that are placed longitudinally and spaced no more than twelve (12) inches apart. Tie-downs are required as per manufacturer’s recommendation or as recommended by the Building Official.

D. Floor Level. The first finished floor level of a residence shall be 15 inches or less above the top of the perimeter foundation wall. Manufactured homes may be recessed (pit-set) to achieve this.

E. Garages. Whether attached or detached shall be setback from the front of the house a minimum of five (5) feet. Garages cannot make up more than fifty percent (50%) of a front facing façade.

F. Accessory. Accessory structures shall be setback a minimum of five (5) feet from the primary structure.

Garage Standards

(Ord. 3051, 9/24/24)

15.410.030 Medium Density Residential (R-2) Standards:

A. Windows. No building shall be designed without windows on a building façade. Exceptions may be made for zero-lot line homes as approved by the Director.

B. Siding Materials. Siding materials shall be wood, masonite, masonry, stucco, vinyl, or other exterior siding similar in appearance to siding materials commonly used on conventional site-built single-dwelling unit homes. The exterior siding materials shall extend to the top of the foundation or skirting.

C. Foundation. A permanent, perimeter masonry or a concrete foundation shall be required for all residential dwellings in the R-2 Residential District. Manufactured homes located within residential districts other than the R-2 Residential District, shall have a perimeter foundation or skirting that is similar in appearance to the foundations of site-built housing. Manufactured homes shall be placed on concrete runners extending for the length of the required blocking and eighteen (18) inches beyond the end pier. The runners shall be no less than six (6) inches in thickness and a minimum of two (2) feet in width. The runners will be reinforced with #4 rebar that are placed longitudinally and spaced no more than twelve (12) inches apart. Tie-downs are required as per manufacturer’s recommendation or as recommended by the Building Official.

D. Floor Level. The first finished floor level of a residence shall be fifteen (15) inches or less above the top of the perimeter foundation wall. Manufactured homes may be recessed (pit-set) to achieve this.

E. Garages. Whether attached or detached shall be setback from the front of the house a minimum of five (5) feet. Garages cannot make up more than fifty percent (50%) of a front facing façade.

F. Access. Corner lots shall include access and building façade/entrance to each frontage for multi-dwelling unit structures.

G. Accessory. Accessory structures shall be setback a minimum of five (5) feet from the primary structure. (Ord. 3051, 9/24/24)

15.410.040 High Density and Mixed Use Residential (R-3) Standards:

A. In General. Multifamily Residential shall comply with the applicable sections of the City of Moses Lake Design Standards and Guidelines which are adopted by this reference as if fully set forth herein.

B. Building Orientation.

1. Buildings shall be oriented towards the street, not towards the alley or parking area.

2. Pedestrian entrances shall provide direct access to the public sidewalk.

3. Where parcels have multiple frontages, buildings shall be designed with orientation towards both streets as much as feasible.

Building Articulation

C. Building Articulation – Multifamily Buildings. All multifamily buildings and residential portions of mixed-use buildings shall include at least three of the following articulation features at intervals of no more than thirty (30) feet along all facades facing a street, common open space, and common parking areas:

1. Repeating distinctive window patterns at intervals less than the required interval;

2. Providing vertical building modulation. Minimum depth and width of modulation is eighteen (18) inches and four (4) feet (respectively) if tied to a change in color or building material and/or roofline modulation as defined in Roofline modulation of this Section. Otherwise, minimum depth of modulation is ten (10) feet and minimum width for each modulation is fifteen (15) feet. Balconies may not be used to meet modulation option unless they are recessed or projected from the facade and integrated with the building's architecture. For example, "cave" balconies or other balconies that appear to be "tacked on" to the facade will not qualify for this option;

3. Change of roofline per Roofline modulation of this Section;

4. Providing horizontal modulation (upper level stepbacks). To qualify for this measure, the minimum upper level stepback shall be at least five (5) feet and the treatment shall be used consistently with other articulation elements or utilized along at least fifty percent (50%) percent of the facade;

5. Articulating of the building's top, middle, and bottom. This includes a distinctive ground floor or lower floor design, consistent articulation of middle floors, and a distinctive roofline; or

6. Other methods that meet the purpose of the standards.

D. Base, Middle, and CapTop Massing Standards. In order to reduce the bulk appearance of multi-story buildings and to maintain a pedestrian scale. The following standards shall be met.

1. Base: Multi-story buildings with a ‘base’ ground level or single story shall orient for pedestrian elements and scale. At least one of the following methods for base massing standards shall apply:

a. Use of heavy materials on the ground floor such as brick, stone, or other different materials than the middle level.

b. Multi-story buildings. Utilize a horizontal reveal line to denote the base between the middle of the building.

c. Use of arcade, gallery or colonnade to accentuate the ground floor.

d. Utilize architectural detailing or fenestration (the arrangement of windows and doors on the elevation of the building) to denote the ground floor.

2. Middle: The middle of a multi-story building is the less dominant part of the façade but may consist of multiple levels and units. At least one of the following methods for middle massing standards shall apply to multi-story projects in the any zone permitting mixed use projects.

a. Use of stepback in massing or a minimum of five (5) feet from the ground floor façade.

b. Utilize a change in material between the first and second floors.

c. Utilize a variation in window size between the ground floor and upper floors. Upper floors are typically smaller window units scaled to residential units.

3. Top: At least one of the following methods for building cap massing standards shall apply to multi-story projects in any zone permitting mixed use projects.

a. Use of a cornice (on flat roof buildings) or projecting roof lines for sloping roofs.

b. Utilize a reveal line or change in material, texture, pattering or color. Reveal lines shall be a minimum of twenty-four (24”) from the top of the building.

E. Roofline Modulation. In order to qualify as a roofline modulation treatment in the standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped roofs, gables, or a broken or articulated roofline consistent with the required articulation interval. Modulation shall consist of either:

1. Flat Roof. For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two feet or 0.1 multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in this Section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four (4) feet or two-tenths (0.2) multiplied by the wall height;

2. Sloped Roof. A sloped or gabled roofline segment of at least twenty (20) feet in width and a minimum slope of 6:12. The roofline must include modulated segments at no more than the interval required per the applicable standard above; or

3. Combination. A combination of the above.

Roofline Modulation

F. Screening of Rooftop Mounted Mechanical Equipment.

1. Use of Parapet Walls or Other Integrated Roof Structures Required. Mechanical equipment must be screened by extending parapet walls or other roof forms that are integrated with the architecture of the building.

2. Painting rooftop equipment or erecting fences are not acceptable methods of screening rooftop equipment.

Screening of Rooftop Mounted Mechanical Equipment

(Ord. 3051, 9/24/24)

15.410.050 General Residential Performance Standards:

A. Roof construction shall be of nonreflective materials.

B. Wheels and tongue of all manufactured homes not located in manufactured home parks shall be removed.

C. All manufactured homes shall be new and previously untitled and shall bear the insignia of approval by the State of Washington or the U.S. Department of Housing and Urban Development indicating compliance with the National Manufactured Housing Construction Safety Standards Act of 1974 (effective June 15, 1976).

D. Residential structures shall be constructed with a perimeter masonry or concrete foundation that is in accordance with the State Building Code.

E. Residential structures shall have a hard surfaced route from the main entrance of the residence to the street. This route may be directly from the entrance to the street or may be from the entrance to the driveway.

F. All required off-street parking spaces shall be paved. The access route from the street to the parking spaces shall also be paved, unless the street is not improved with paving.

G. The front-facing facade of an attached garage shall have articulation from the rest of the facade. This may be provided by a setback, trellis, change in roof line, or other architectural technique approved by the Director.

H. All buildings on the same lot should generally use similar materials and styles to provide a cohesive appearance. They may vary in individual features and accents. (Ord. 3051, 9/24/24)

15.415.010 Accessory Dwelling Units:

A. Accessory Dwelling Units (ADUs). The City intends to promote and encourage the creation of Accessory Dwelling Units, subject to the design and development standards found herein, for the purposes of:

1. Providing homeowners with the opportunity and flexibility to establish separate living quarters within or adjacent to their homes, whether for the purposes of caring for or providing housing for family members, or for obtaining rental income to help meet the rising costs of home ownership, or for any other legal purpose;

2. Increasing the range and availability of housing choices within the City;

3. Protecting neighborhood stability, property values, and the single-family residential appearance of the neighborhood by ensuring that ADUs are installed in accordance with the provisions of this Section; and

4. Otherwise comply with the requirements of RCW 36.70A and other applicable portions of state law.

B. Where Allowed. The installation or construction of an ADU, subject to the specific design and development standards found in this Chapter, shall be allowed in all residential zones. ADUs shall be allowed as an accessory to any properly permitted principal unit.

C. Where Prohibited. ADUs are prohibited on any lot that has or will have a multifamily use. ADUs are prohibited on any lot for which the primary use is commercial or industrial in nature, except that living quarters or dwelling units used for on-site security personnel may be allowed.

D. General Performance Standards Apply. All standards for the underlying zoning district, including lot size, minimum setbacks, and overall building/lot coverage, as set forth in the applicable Sections of MLUDC Part 15.400, shall be met with respect to the siting and dimensions of ADUs, except that a detached ADU may be sited at the lot line if that lot line abuts a public alley.

E. Administrative Review. An ADU permit application shall be processed as a Type I permit.

F. General Design Standards. The ADU shall be designed and constructed to maintain the appearance of the principal unit, including exterior finish materials, trim, roof pitch, window design, and color. Any and all requirements, limits, restrictions, or design criteria that apply to the principal unit shall also apply to the ADUs and their placement.

G. Number Allow Per Lot. No more than two (2) ADUs shall be permitted in conjunction with the principal unit on a single lot of record; provided, that adequate provisions for water and sewage are met, and all other applicable criteria, standards, and code requirements can be satisfied.

H. Allowable Size. An ADU shall have a gross floor area that is no less than three hundred (300) square feet and no greater than one thousand (1,000) square feet max.

I. Permitted Height. An ADU shall have a maximum roof height limit of twenty-four (24) feet. Except that an ADU to be constructed above an existing structure, including garages, may have a maximum roof height limit of thirty-two (32) feet. If an existing structure is itself being converted to an ADU, then the twenty-four (24) foot limit applies.

J. Conversion of Existing Legally Established Structures Allowed. An existing structure, including detached garages, may be converted to an ADU. Such a conversion is allowed even if the existing structure violates current code requirements for setbacks or lot coverage. All other requirements, including those for building code compliance, and any other provisions for health and safety shall apply.

K. Parking Requirements. One (1) off-street parking space shall be provided for each ADU.

L. Home Occupations. Home businesses or other home occupations shall comply with criteria the same as allowed for the primary residence and adopted standards.

M. Short Term Rentals. Short Term Rentals of ADUs are prohibited.

N. Overriding State and Local Laws. This Chapter does not supersede or override other applicable local and state laws designed to protect critical areas or their buffers, environmentally sensitive areas, natural resources, nor any other duly applicable law or regulation designed for the general health and safety of the public.

Attached Accessory Dwelling Unit

Detached Accessory Dwelling Unit

(Ord. 3051, 9/24/24)

15.415.020 Cluster Development – Tiny Homes – and Cottages:

A. In General. Cluster development may consist of tiny homes, cottage style housing, or other similar co-housing clusters that consist of a mixture of smaller units fixed on a single parcel of development. The purpose of this development type is to have the housing types arranged in clusters of typically (3) to (12) units around a green space. These developments are meant to allow for flexibility and uniqueness in design.

B. Dimensional Standards. Table Tiny Home, Cottage, and Co-Housing Cluster Lot and Building Standards illustrates the dimensional standards and Figure-illustrative Cottage Housing Development Massing, illustrates an example for a housing cluster development.

C. Screening Requirements. In order to be compatible in character with single-family houses in the R-1 and R-2 zones, boundaries between Cluster Developments and adjacent residential zoned properties shall be screened with landscaping or architectural treatments to reduce the appearance of bulk or intrusion onto adjacent residential properties.

D. Homeowners’ Association. If the Cluster Development is a condominium, a homeowner’s association is required to be created for the purpose of regulating and providing for the use and maintenance of common areas, buildings, and similar shared improvements or features. Covenants reflecting such use and maintenance requirements shall be recorded with the Grant County Auditor.

Table 15.415.020. Tiny Home, Cottage, and Co-Housing Cluster Lot and Building Standards

Minimum

Maximum

Housing Type

Lot Area1

Lot Width2

Front Setback3

Side Setback 3

Street Setback3

Rear Setback3

Building Spacing4

Building Height

Open Space

Tiny Home5

NA

NA

15 ft

10 ft

10 ft

15 ft

15 ft front to front and 10 ft all other sides

20 ft

40%

Cottages6

NA

NA

15 ft

10 ft

10 ft

15 ft

25 ft

Common Building

NA

NA

15 ft

10 ft

10 ft

15 ft

30 ft

Notes:

1Minimum area of subject property in which cluster development is proposed.

2Minimum width of subject property for cluster development being proposed. If more than one housing type is proposed in the cluster development, the largest minimum width applies.

3Setback is for the development as a whole, relating to adjoining properties.

4Refers to spacing for buildings within the cluster development.

5Building footprint of 400 sf. or less

6Building footprint of 900 sf. or less

Cluster Housing Developments

(Ord. 3051, 9/24/24)

15.415.030 Manufactured Homes on Individual Lots:

A. In General. Pursuant to the requirements of RCW 35.21.684, the City does not discriminate against consumers’ choices in the placement or use of a manufactured home in such a manner that is not equally applicable to all types of homes. MLUDC 15.415.030 applies only to manufactured housing units placed on individual lots. Any terms used in this Section follow those definitions as found in RCW 35.63.160 and RCW 59.20.400

B. Where Allowed. Manufactured homes are allowed in all zones where a single-family dwelling is a permitted use, subject to the development standards found in MLUDC 15.415.040(C) below.

C. Standards. Homes built to 42 U.S.C. §5401-5403 standards (and as amended) are regulated for the purposes of siting in the same manner as site-built homes, factory-built homes, or homes built to any other state construction or local design standard. In addition, the following standards shall apply to all manufactured homes to be placed on an individual residential lot:

1. Be a new manufactured home;

2. Be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;

3. Comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

4. Be thermally equivalent to the state energy code; and

5. Otherwise meet all other requirements for a designated manufactured home as defined in RCW 35.63.160, currently listed as follows:

a. Is comprised of at least two (2) fully enclosed parallel sections each of not less than twelve feet wide by thirty-six (36) feet long;

b. Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of nominal 3:12 pitch; and

c. Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences.

D. Fire and Safety. Notwithstanding foregoing subsections D and E, the City may restrict the location of a manufactured home in manufactured home communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to manufactured homes.

E. Restrictions Preserved. MLUDC Chapter 15.415 does not override any legally recorded covenants or deed restrictions of record.

F. State Jurisdiction Preserved. MLUDC Chapter 15.415 does not affect the authority granted to the Department of Labor and Industries under Chapter 43.22 RCW.

G. Recreational Vehicles and Tiny Homes. In general, recreational vehicles and tiny homes are not allowed as a matter of right in the same way that manufactured homes are under this Section. (Ord. 3051, 9/24/24)

15.415.040 Manufactured Home Parks:

A. In General. Manufactured Home Parks are permitted in the R-2 and R-3 zones as a conditional use and are further subject to the standards of this Section.

B. Density. Manufactured Home Park density shall be consistent with the underlying zoning classification.

C. Sales Prohibited. The sale of manufactured home spaces within a manufactured home park is prohibited. Manufactured home park binding site plans shall not authorize the sale or transfer of ownership of a space or spaces within a manufactured home park. No space shall be rented or leased within a manufactured home park except for a manufactured home unit or an RV or tiny home subject to the requirements of subsection D.

D. Recreational Vehicles and Tiny Homes. Recreational vehicles or tiny houses with wheels, as defined in RCW 35.21.686, are permitted primary residences in manufactured home parks, PROVIDED:

1. There are no conflicting fire, safety, or other regulations related to recreational vehicles;

2. Utility hookups in the manufactured home community meet state and federal building code standards for manufactured home parks; AND

3. One of the following two criteria are met:

a. The recreational vehicle or tiny house with wheels, as defined in RCW 35.21.686, contains at least one internal toilet and at least one internal shower; or

b. The manufactured home community provides toilets and showers.

E. Open Space. A Manufactured Home Park shall provide at least ten percent (10%) of the gross site area for open space or recreational areas available for use by all residents. Internal roads, parking, driveways, setback areas, or other areas less than five thousand square feet do not count as required open space.

F. Accessory Uses. A Manufactured Home Park may include accessory uses and buildings:

1. Recreational facilities located within the manufactured home park and intended solely for the use of the residents or the residents’ guests.

2. Bulk storage areas for materials and equipment owned by residents and located within the manufactured home park and limited to use by the residents. A minimum of three hundred (300) square feet of space exclusive of driveways shall be provided for every ten (10) manufactured home units. Bulk storage areas shall be contained within the manufactured home park. Access to the storage area shall be through the manufactured home park. Access to the storage area shall not be onto a public street. A six foot (6') high sight obscuring fence shall be erected and maintained around the perimeter of the storage area. The requirements of this Section shall be waived when the manufactured home park developer/owner agrees to prohibit storage of such items in the manufactured home park and such prohibition is inscribed on the face of the binding site plan.

3. Satellite receiving antennas shall be sited in compliance with the setback and separation standards of this Chapter.

G. Frontage Required. Each manufactured home space shall have direct frontage on a public or private street.

H. Lot and Building Standards. The lot and building standards for manufactured homes are set out in Table 15.415.040. The standards of this Subsection apply to manufactured homes that are located in new manufactured home communities or expanded areas of existing manufactured home parks.

Table 15.415.040. Manufactured Home Parks Minimum Setbacks

Minimum Setback from the Lines of Individual Park Spaces (in Feet)

Structure

Front Yard

Side Yard

Rear Yard

Manufactured Home

10

10

10

Patio covers, decks, landings, awnings, etc.,

5

5

5

Carports

5

5

5

1. Existing Parks. In existing manufactured home parks, manufactured homes may be placed on existing lots or spaces that do not comply with this Section; provided, that they are spaced a minimum of ten (10) feet from the boundary lines of the manufactured home park.

2. Manufactured home parks shall be established pursuant to the provisions of this Chapter and MLUDC Chapter 15.330.

3. Every manufactured home space shall be identified with an individual number in logical sequence which is uniformly located and clearly visible from the private street and so shown on the official binding site plan.

4. All manufactured home parks shall provide permanent electrical, water, and sewage disposal connections to each manufactured home in accordance with the applicable federal, state, and local regulations. All sewage and wastewater shall be discharged into a public sanitary sewer system.

5. All water, sewer, electrical, communication, and natural gas lines shall be installed underground except for access terminals and shall be approved by the agency or jurisdiction providing the service. Public utility shut off valves, meters, and regulators shall not be located beneath manufactured home units, additions, or accessory buildings or structures.

6. All manufactured homes shall have compatible foundation fascia of fire and weather resistant material, which must be continually maintained.

7. Outdoor lighting shall be provided to adequately illuminate internal streets and pedestrian walkways. Lights shall be sized and directed to avoid adverse impact from glare on adjacent property.

8. Prior to the location, relocation, establishment, or initial occupancy of any manufactured home, the manufactured home owner or authorized representative shall obtain a set up permit from the Building Department. All manufactured homes shall be set up in accordance with the manufacturer’s specifications and as required by the Building Official in accordance with any applicable federal, state, or local regulations.

I. Screening. The manufactured home park shall be enclosed on all sides with a permanently maintained sight obscuring fence, wall, berm, or combination thereof, that is six (6) feet in height and tapering to a maximum of four (4) feet in height at the park entrances as approved by the City Engineer to ensure adequate sight distance.

J. Pedestrian Facilities. The manufactured home park shall contain designated hard surface pedestrian walkways to and from all service and recreation facilities; and between locations where pedestrian traffic might interfere with vehicular traffic. There must be vehicular and pedestrian access from a dedicated and improved public street(s) to the manufactured home park.

K. Landscaping and Buffers. Landscaping shall comply with MLUDC Chapter 15.720.

L. Signs. Signs identifying the manufactured home park shall comply with MLUDC Chapter 15.735.

M. Occupant Parking. There shall be provided and maintained on each manufactured home space at least two (2) parking spaces. Each parking space shall have a minimum width of nine feet (9') and minimum length of twenty feet (20').

N. Guest Parking. In addition to occupant parking, guest parking shall be provided within the manufactured home park at a ratio of not less than one-quarter (0.25) parking space for each manufactured home space. Such parking shall be hard surfaced and reserved solely for guest parking. Such parking shall be conveniently arranged throughout the manufactured home park or provided in parking lanes.

O. Streets.

1. All interior roads for manufactured home parks shall be private roads. All private roads shall be designed and maintained to carry emergency vehicles.

2. Private road access to the manufactured home park shall be consistent with the existing pattern of vehicular movement and parking on public streets.

3. Public streets shall be constructed to City design standards current at the time of construction.

4. Vehicular movement, parking, and private streets shall be in compliance with the approved binding site plan and conditional use permit.

5. Private roads and parking lanes shall have hard surface depths as proposed by a licensed engineer and approved by the City Engineer.

6. Park roads and parking lanes shall have widths as follows:

a. One (1) way roads shall be a minimum of twenty-two feet (22') in width.

b. Two (2) way roads shall be a minimum of thirty feet (30') in width.

c. Parking lanes shall be a minimum of ten feet (10') in width.

7. Parking lanes shall be hard surfaced.

8. A cul-de-sac turnaround shall meet City standards.

P. Existing Communities. For manufactured home communities that were legally in existence before June 12, 2008, nothing in this Section should be construed to restrict the location of manufactured homes therein based exclusively on the age or dimensions of the manufactured home.

Q. Existing Lots. Nothing in this Section should be construed to prohibit the siting of a manufactured home on an existing lot based solely on lack of compliance with existing separation and setback requirements that regulate the distance between homes. (Ord. 3051, 9/24/24)

15.415.050 Emergency and Transitional Housing – General Provisions:

A. Purpose and Intent. The purpose of MLUDC 15.415.050-15.415.080 is to allow and establish a review and permitting process for the location, siting, and indoor operation of emergency shelters, emergency housing, transitional housing, permanent supportive housing and transitional parking. In accordance RCW 35A.21.430, these regulations are intended to protect public health and safety by requiring safe operations of these uses for both the residents and the broader community.

B. Applicability. MLUDC 15.415.050-15.415.080 and these requirements apply to all proposals for a new or expanding emergency shelter, emergency housing, transitional housing, permanent supportive housing, or transitional parking, including modifications to such uses.

C. Permit Type. An application for a listed use under MLUDC 15.415.050-15.415.080 is classified as a Type II permit. See MLUDC Chapter 15.205.

D. Authority to Impose Conditions. In addition to the Type II permit process and the additional standards listed in MLUDC 15.415.050-15.415.080, the Director or their designee shall have the authority to impose specific conditions on the approval of the permit. These conditions may be imposed to:

1. Minimize nuisance-generating features such as noise, waste, air quality, traffic, physical hazards, and other similar impact; and

2. Mitigate potentially adverse operational characteristics, including, but not limited to, direct intake of residents on site, daily check-in of residents to secure a bed, lack of resident enrollment in a program operated by the on-site agency, or lack of available intensive case management for residents on site.

E. Temporary Emergency Shelters. The Director may authorize the operation of a temporary emergency shelter for up to thirty (30) calendar days in situations where an immediate life, health, or safety concern exists due to unanticipated or severe environmental conditions. The Director may authorize an extension to the thirty (30) calendar days for a specified period, if the City Council has adopted a resolution pursuant to Chapter 38.52 RCW declaring that the conditions which gave rise to the operation of the temporary emergency shelter continue in effect, and constitute a threat to the life, health, and safety of the residents of the City. Temporary emergency shelters authorized by this Section are not subject to the requirements of MLUDC 15.415.060 – 15.415.080. (Ord. 3051, 9/24/24)

15.415.060 Emergency and Transitional Housing – Application Requirements:

A. Forms, Submission, and Fees. An application for emergency shelter, emergency housing, transitional housing, permanent supportive housing, or transitional parking must comply with the following requirements and include the following items in order to be accepted as Counter-Complete and initiate the review process:

1. Applications must be submitted on forms provided by the City, and only on those approved forms that are in use at the time of submittal.

2. Applications shall be signed by all property owners of record. Applications shall also be signed by an official representative of any organization that will be responsible for the oversight and administration of the facility, if applicable.

3. A nonrefundable fee per the current fee schedule or adopted fee resolution that is in place at the time of submission.

4. Applications may be submitted digitally but shall always include a number of printed copies in a quantity to be determined by the Department.

B. Information Required. All applications for emergency shelter, emergency housing, transitional housing, permanent supportive housing, or transitional parking shall contain the following information:

1. Identification of sponsors and/or managing agencies, including, but not limited to:

a. Identification of experience providing similar services to people experiencing homelessness.

b. Certifications or academic credentials in an applicable human service field and/or applicable experience in a related program with people experiencing homelessness.

2. An operations plan that addresses the following elements:

a. Key staff positions and their roles and responsibilities.

b. Site/facility management plan, including a security and emergency plan, and a plan for managing individuals excluded from accessing the proposed facility that specifically addresses loitering and trespassing. Security cameras shall be provided to monitor parking areas.

c. Site/facility maintenance plan, including, at a minimum, regular trash patrol in the immediate vicinity of the site.

d. Occupancy policies, including resident responsibilities and a code of conduct that includes, at a minimum, a plan that addresses threatening or unsafe behavior, substance use, safety, and cleanliness.

e. Provision of human and social services, including a staffing plan and outcome measures.

f. Outreach with surrounding property owners and residents that includes at a minimum the following:

i) A description of how the proposed facility will serve the population that will be accommodated by the use;

ii) Identification of a phone number and point of contact at the site of the proposed facility for the community to report concerns;

iii) A plan for addressing reported concerns and documenting resolution, and making this information publicly available; and

iv) Notice to all property owners of the proposed site within five (hundred) feet of the facility.

v) Procedures for maintaining accurate and complete records and how confidentiality will be maintained; and

vi) For those providers that operate emergency shelters or emergency housing, a coordination plan to accommodate space is available for people experiencing homelessness in the City.

3. A map showing transit, pedestrian, and bicycle access from the subject site to services and schools.

4. Emergency shelters and emergency housing providers shall provide an interior space plan identifying all functions associated with the facility, including adequate waiting space. All functions must take place within a building or facility.

5. A parking plan that addresses the parking needs of the use based on the population served and projected needs. Parking shall be provided on site unless it can be provided for consistent with adopted parking standards. The plan shall include security cameras and areas to be observed by the cameras.

6. An exterior lighting plan for the parking area in compliance with adopted lighting standards.

7. Additional materials required for transitional parking uses include:

a. A site plan that indicates the facility parking and the parking area provided for the transitional parking;

b. The operations plan shall specify how waste and restroom access will be provided. Restroom access may be provided either in the building or in portable facilities;

c. The operations plan shall specify if the site is available for overnight parking use only, or available for parking during the daytime and overnight; and

d. A signed agreement between the organization and the managing agency, if applicable. (Ord. 3051, 9/24/24)

15.415.070 Emergency and Transitional Housing – Design Standards and Approval Criteria:

A. Underlying Standards Apply. An application for emergency shelter, emergency housing, transitional housing, permanent supportive housing, or transitional parking shall be subject to all locally applicable land use, development, zoning, and building regulations requirements.

B. Additional Standards. In addition to the requirements, an application for emergency shelter, emergency housing, transitional housing, permanent supportive housing, or transitional parking shall be subject to the following standards:

1. In the C-1, C-1A, and C-2 zones, emergency shelters, emergency housing, transitional housing sites, permanent supportive housing sites and transitional parking sites shall be limited to no more than twenty (20) individuals being served. In the R-1, R-2, and R-3 zones, transitional housing and permanent supportive housing shall be limited to no more than ten (10) adults per dwelling unit, not including children under the age of eighteen (18).

2. Emergency shelters, emergency housing, permanent supportive housing and transitional parking shall be located a minimum of one mile apart measured from the nearest property line of any other use regulated by MLUDC 15.415.050-15.415.080. Transitional housing shall not be subject to any spacing requirements.

3. All residents, staff, and operators shall comply with all Grant County Health District requirements related to food preparation, service, and donations.

4. Trash receptacles shall be provided in multiple locations throughout the facility and site. Managing parties shall contract with the applicable trash service provider for the duration of the use.

5. The number of parking spaces shall be required based on the population served and the projected needs of the emergency shelter, emergency housing, transitional housing, or permanent supportive housing facility as outlined in the parking plan and subject to review and approval of the City. Spaces shall be provided at a minimum, and may increase at the discretion of the City after review of the parking plan as follows:

a. One (1) space for the maximum number of staff on duty throughout each day; and

b. Five (5) spaces for transitional housing and permanent supportive housing in residential zones; or

c. Ten (10) spaces for emergency shelters, emergency housing, transitional housing and permanent supportive housing in nonresidential zones;

d. Transitional parking uses do not need to provide additional parking in nonresidential zones;

e. Off-street parking shall comply with all other requirements of MLUDC Chapter 15.715 including, but not limited to, paving, drainage, location, dimensions, and design standards.

6. On-site supervision shall be provided at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being served.

7. No children under the age of eighteen (18) are allowed to stay overnight in emergency shelters, emergency housing, transitional housing, permanent supportive housing or transitional parking sites unless accompanied by a parent or guardian, or unless the facility is licensed to provide services to youth. If a child under the age of eighteen (18) without a parent or guardian present attempts to stay in a facility not specifically licensed for providing housing to youth, the sponsor and/or managing agency shall immediately contact Child Protective Services and actively endeavor to find alternative housing for the child.

8. The sponsor and/or managing agency shall designate points of contact and provide 24-hour accessible phone contact information to the patrol operations commander for the Moses Lake Police Department (MLPD). The names of the on-duty points of contact shall be posted on site daily, and their contact information shall be provided to the MLPD.

9. Transitional parking programs are subject to the following additional requirements:

a. Restroom access either within the buildings on the property or through use of portable facilities. Restrooms shall include handwashing stations or facilities in an adequate number as determined by the City. Restroom and handwashing station access shall be available at all hours of the day and night.

b. Organizations providing transitional parking spaces must continue to abide by the parking requirements so that the provision of transitional parking spaces does not reduce the total number of available parking spaces required for the primary use.

c. Recreational vehicles shall be allowed on a temporary basis less than fourteen (14) consecutive calendar days. (Ord. 3051, 9/24/24)

15.415.080 Emergency and Transitional Housing – Zoning Districts Where Allowed:

Table 15.415.080. Emergency and Transitional Housing – Permitted Zoning Districts

Land Use

Zones

Residential

Commercial and Mixed Use

Industrial

Public

R-1

R-2

R-3

C-1

C-1A

C-2

L-I

H-I

P

Emergency Shelter

P

P

P

Emergency Housing

P

P

P

Transitional Housing

P

P

P

P

P

P

Permanent Supportive Housing

P

P

P

P

P

P

Transitional Parking

P

P

P

(Ord. 3051, 9/24/24)

15.415.090 Micro (Tiny) Home Standards:

A. Density.

Table 15.415.090. Residential Zone Density for Micro (Tiny) Homes

Zone

Standards

R-1

2 units per lot

R-2

(min) 3+ units

R-3

(min) 4+ units

B. Building Regulations. All units shall include the following:

1. Shall be supported and anchored to a permanent foundation.

2. Permanent provisions for living, sleeping, eating, kitchen, and sanitation (water closet, lavatory, and a bathtub or shower).

3. Habitable rooms shall meet minimum dimensional requirements including: a floor area of not less than seventy (70) square feet, seven (7) foot clear horizontal dimension in any direction, and a ceiling height of not less than seven (7) feet (the height can be reduced in rooms and in areas with sloped ceilings).

4. Fire code requirements may require fire sprinklers on a case-by-case basis.

5. Units shall utilize potable water and wastewater systems in accordance with City regulations and Health District regulations.

C. Micro (Tiny) Homes as an Accessory Dwelling Unit (ADU). Micro (Tiny) Homes utilized as an Accessory Dwelling unit shall comply with MLUDC 15.415.010. (Ord. 3051, 9/24/24)

15.420.010 Compliance with Standards:

All nonresidential development shall comply with the design standards and guidelines applicable to the type of use or the district in which the proposed development is located. The Director, or other decision maker so specified, shall have the authority to apply the standards to specific development proposals as conditions of approval. The nonresidential district provisions in this Part generally apply to all commercial, mixed use, and industrial development within the City. These standards are intended to supplement other provisions of the MLUDC and other existing City codes applicable to developments. Where there is a conflict between the provisions of this Chapter and other codes, the most stringent shall apply. (Ord. 3051, 9/24/24)

15.420.015 Design Standards and Guidelines Adopted by Reference:

A. Standards Adopted by Reference. This Chapter recognizes and incorporates the standard details for construction of public improvements, as it exists now or as it may hereafter be amended. The City Council has established by resolution the standard details for construction of public improvements, and other matters pertaining to this Chapter. The standard details for construction of public improvements shall be kept by the City Engineer or the City Clerk and may be altered or amended by resolution of the City Council. Where conflicts or inconsistencies arise between the standard details for construction as approved by resolution of the City Council and those in other titles, the standard details for construction as approved by resolution of the City Council supersede those in other titles.

B. Standards Adopted by Reference Minimum. The standards and requirements established or referenced by this Chapter are minimum requirements. These standards may be increased and additional requirements may be imposed for the purpose of mitigating identified probable significant adverse environmental impacts pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, as now established or hereafter amended. Such additional requirements may include, but shall not be limited to, off-site improvements to any public facility, the dedication or improvement of parks and open spaces, and monetary contributions to any City fund established to finance the provision of public services.

(Ord. 3051, 9/24/24)

15.420.020 Commercial and Mixed Use Design Standards:

A. In General. Commercial projects shall comply with the applicable sections of the City of Moses Lake Design Standards and Guidelines which are adopted by this reference as if fully set forth herein.

B. Building Orientation.

1. Buildings shall be oriented towards the street or lake, not towards the alley or parking area.

2. Pedestrian entrances shall provide access to the public sidewalk. Access shall be visible and include distinct features.

3. Where parcels have multiple frontages, buildings shall be designed with architectural treatment visible from public right-of-way.

C. Blank Wall Treatment. A wall (including building facades and retaining walls) is considered a blank wall if:

1. A ground floor wall or portion of a ground floor wall over six (6) feet in height has a horizontal length greater than fifteen (15) feet and does not include a transparent window or door; or

2. Any portion of a ground floor wall having a surface area of four hundred (400) square feet or greater does not include a transparent window or door.

D. Building Articulation. All other buildings featuring nonresidential uses on the ground floor shall include at least three of the following articulation features along all facades facing a street and containing the customer building entries (alley facades are exempt) at intervals of no more than sixty (60) feet.

1. Providing vertical building modulation of at least two (2) feet in depth and four (4) feet in width if combined with a change in siding materials or roofline modulation per Roofline modulation of this Section. Otherwise, the vertical modulation shall be at least ten (10) feet deep and fifteen (15) feet wide to qualify;

2. Providing horizontal modulation (upper level stepbacks). To qualify for this measure, the minimum upper level stepback shall be at least five (5) feet and the treatment shall be used consistently with other articulation elements or utilized along at least seventy-five percent (75%) of the facade;

3. Repeating distinctive window patterns at intervals less than the articulation interval;

4. Providing a covered entry or separate weather protection feature for each articulation interval;

5. Use of vertical piers that reinforce storefront pattern. To qualify for this measure, the piers must project at least two inches from the facade and extend from the ground to the roofline;

6. Change of roofline per Roofline modulation of this Section;

7. Changing materials or color with a change in building plane;

8. Providing lighting fixtures, trellis, tree, or other landscape feature within each interval; or

9. Other methods that meet the purpose of the standards.

E. Base, Middle, and Cap Massing Standards. In order to reduce the bulk appearance of multi-story buildings and to maintain a pedestrian scale. The following standards shall be met.

1. Base. Multi-story buildings with a ‘base’ ground level or single story shall orient for pedestrian elements and scale. At least one of the following methods for base massing standards shall apply:

a. Use of heavy materials on the ground floor such as brick, stone, or other different materials than the middle level.

b. Multi-story buildings. Utilize a horizontal reveal line to denote the base between the middle of the building.

c. Use of arcade, gallery, or colonnade to accentuate the ground floor.

d. Utilize architectural detailing or fenestration (the arrangement of windows and doors on the elevation of the building) to denote the ground floor.

2. Middle. The middle of a multi-story building is the less dominant part of the façade but may consist of multiple levels and units. At least one of the following methods for middle massing standards shall apply to multi-story projects in the any zone permitting mixed use projects.

a. Use of stepback in massing or a minimum of five (5) feet from the ground floor façade.

b. Utilize a change in material between the first and second floors.

c. Utilize a variation in window size between the ground floor and upper floors. Upper floors are typically smaller window units scaled to residential units.

3. Top. At least one of the following methods for building cap massing standards shall apply to multi-story projects in any zone permitting mixed use projects.

a. Use of a cornice (on flat roof buildings) or projecting roof lines for sloping roofs.

b. Utilize a reveal line or change in material, texture, pattering or color. Reveal lines shall be a minimum of twenty-four inches (24”) from the top of the building.

F. Roofline Modulation. In order to qualify as a roofline modulation treatment in the standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped roofs, gables, or a broken or articulated roofline consistent with the required articulation interval. Modulation shall consist of either:

1. Flat Roof. For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two (2) feet or one-tenth (0.1) multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsection (C)(1) of this Section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four (4) feet or two-tents (0.2) multiplied by the wall height;

2. Pitched or Sloped Roof. A sloped or gabled roofline segment of at least twenty (20) feet in width and include varied slopes. The roofline must include modulated segments at no more than the interval required per the applicable standard above; or

3. Combination. A combination of the above.

G. Screening of Rooftop Mounted Mechanical Equipment.

1. Use of Parapet Walls or Other Integrated Roof Structures Required. Mechanical equipment must be screened by extending parapet walls or other roof forms that are integrated with the architecture of the building.

2. Painting rooftop equipment or erecting fences are not acceptable methods of screening rooftop equipment.

H. General Provisions.

1. Plaza or courtyard materials can be used to create a community space, through the use of color and scoring as patterns in the hardscape. Landscape creates diversity, provides color and softens the building and hardscape environment, while benches or seating areas, play areas and public art help residents and visitors enjoy the space and environment, making it a place where people want to visit, shop, live and recreate.

2. Awnings, Sunshades and Canopies. Weather protection is required for pedestrian street frontages with ground floor commercial. The minimum width of such elements shall be four (4) feet. Minimum height is eight (8) feet, maximum height is twelve (12) feet. Awnings with painted signs are permitted; Lighting is permissible under the awning, but it must attached to the building.

3. Front Porches. Front porches, stoops, bay windows, and dormers are required on buildings which contain residential dwellings.

4. Street Furniture. Where needed public seating, trash receptacles and informational directional kiosks shall be of uniform design and be provided throughout the development.

5. Exterior Lighting. Pedestrian areas need to be well-marked and well-lit. Exterior lighting shall be an integral part of the architecture and landscape design. Street lighting shall relate in scale to the pedestrian character of the area. Pedestrian lighting shall be provided at a pedestrian scale of three to twelve feet, with the source light being shielded to reduce glare. Overall, lighting, and pedestrian zone lighting is needed but shall not create glare or light spillage off site or beyond parking lots and streets.

I. Ground Floor Windows in Commercial Zoning Districts.

1. Where ground floor window standards are required, exterior walls on the ground floor that are within thirty feet (30') of a street lot line shall meet the general window standard below. However, on corner lots, the general standard needs to be met on only one (1) street frontage. On the other street, the requirement is one-half (1/2) the general standard. The general standard shall be met on the street that has the highest classification on the Comprehensive Plan’s Existing Arterial Function Classification and Street Plan, Map TE-1 or its successor. If the streets have the same classification, the Applicant may choose on which street to meet the general standard.

2. General Standard. The windows shall be at least forty percent (40%) of the length and twenty percent (20%) of the ground level wall area. Ground level wall area includes all exterior walls up to nine feet (9') above finished grade. The requirement does not apply to walls of residential units or to parking structures when set back at least five feet (5') and landscaped consistent with MLUDC Chapter 15.720.

3. Qualifying Window Features. Required window areas shall be either windows that allow views into working areas or lobbies, pedestrian entrances, or display windows set into the wall. Doors and display cases attached to the outside wall do not qualify. The bottom of the windows shall be no more than four feet (4') above the adjacent exterior grade.

4. The Applicant may submit a ground floor window plan that differs from the specific criteria set forth in this Section, except that the amount of window area may not be less than the amount required in this Chapter. The Applicant shall clearly and in detail state what adjustments of requirements are being requested and the reasons that such adjustments are warranted. The request shall be accompanied by supplemental data, such as sketches and statistical information, that is necessary to support the adjustment. The request will be a Type I decision. In approving the alteration request, the Director shall make the following findings:

1. The alteration would be in keeping with and preserve the intent of the zone; and

2. The alteration would not be contrary to the public interest. (Ord. 3051, 9/24/24)

15.420.030 Commercial Design Standards1:

A. In General. Commercial projects shall comply with the applicable sections of the City of Moses Lake Design Standards and Guidelines which are adopted by this reference as if fully set forth herein.

B. Building Orientation.

1. Buildings shall be oriented towards the street, not towards the alley or parking area, except for infill lot development where adjacent existing building orientation is set back from the front. In addition, this exception applies to the requirement within subsection (B)(2) of this section regarding pedestrian entrances. The Director shall consider the surrounding development character in building orientation. This exception does not apply to the C1 Commercial zone.

2. Pedestrian entrances shall provide direct access to the public sidewalk.

3. Where parcels have multiple frontages, buildings shall be designed with orientation towards both streets as much as feasible.

C. Blank Wall Treatment. A wall (including building facades and retaining walls) is considered a blank wall if:

1. A ground floor wall or portion of a ground floor wall over six (6) feet in height has a horizontal length greater than fifteen (15) feet and does not include a transparent window or door; or

2. Any portion of a ground floor wall having a surface area of four hundred (400) square feet or greater does not include a transparent window or door.

D. Building Articulation. All other buildings featuring nonresidential uses on the ground floor shall include at least three (3) of the following articulation features along all facades facing a street and containing the customer building entries (alley facades are exempt) at intervals of no more than sixty (60) feet.

1. Providing vertical building modulation of at least two (2) feet in depth and four (4) feet in width if combined with a change in siding materials and/or roofline modulation per Roofline modulation of this Section. Otherwise, the vertical modulation shall be at least ten (10) feet deep and fifteen (15) feet wide to qualify;

2. Providing horizontal modulation (upper level stepbacks). To qualify for this measure, the minimum upper level stepback shall be at least five (5) feet and the treatment shall be used consistently with other articulation elements or utilized along at least seventy-five percent (75%) of the facade;

3. Repeating distinctive window patterns at intervals less than the articulation interval;

4. Providing a covered entry or separate weather protection feature for each articulation interval;

5. Use of vertical piers that reinforce storefront pattern. To qualify for this measure, the piers must project at least two (2) inches from the facade and extend from the ground to the roofline;

6. Change of roofline per Roofline modulation of this Section;

7. Changing materials or color with a change in building plane;

8. Providing lighting fixtures, trellis, tree, or other landscape feature within each interval; or

9. Other methods that meet the purpose of the standards.

E. Base, Middle and Cap Massing Standards. In order to reduce the bulk appearance of multi-story buildings and to maintain a pedestrian scale. The following standards shall be met.

1. Base. Multi-story buildings with a ‘base’ ground level or single story shall orient for pedestrian elements and scale. At least one of the following methods for base massing standards shall apply:

a. Use of heavy materials on the ground floor such as brick, stone, or other different materials than the middle level.

b. Multi-story buildings. Utilize a horizontal reveal line to denote the base between the middle of the building.

c. Use of arcade, gallery, or colonnade to accentuate the ground floor.

d. Utilize architectural detailing or fenestration (the arrangement of windows and doors on the elevation of the building) to denote the ground floor.

2. Middle. The middle of a multi-story building is the less dominant part of the façade but may consist of multiple levels and units. At least one of the following methods for middle massing standards shall apply to multi-story projects in the any zone permitting mixed use projects.

a. Use of stepback in massing or a minimum of five (5) feet from the ground floor façade.

b. Utilize a change in material between the first and second floors.

c. Utilize a variation in window size between the ground floor and upper floors. Upper floors are typically smaller window units scaled to residential units.

3. Top. At least one of the following methods for building cap massing standards shall apply to multi-story projects in any zone permitting mixed use projects.

a. Use of a cornice (on flat roof buildings) or projecting roof lines for sloping roofs.

b. Utilize a reveal line or change in material, texture, pattering or color. Reveal lines shall be a minimum of twenty-four inches (24”) from the top of the building.

F. Roofline Modulation. In order to qualify as a roofline modulation treatment in the standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped roofs, gables, or a broken or articulated roofline consistent with the required articulation interval. Modulation shall consist of either:

1. Flat Roof. For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two (2) feet or one-tenth (0.1) multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsection (C)(1) of this Section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four (4) feet or two-tents (0.2) multiplied by the wall height;

2. Sloped Roof. A sloped or gabled roofline segment of at least twenty feet in width and a minimum slope of 6:12. The roofline must include modulated segments at no more than the interval required per the applicable standard above; or

3. Combination. A combination of the above.

G. Screening of Rooftop Mounted Mechanical Equipment.

1. Use of Parapet Walls or Other Integrated Roof Structures Required. Mechanical equipment must be screened by extending parapet walls or other roof forms that are integrated with the architecture of the building.

2. Painting rooftop equipment or erecting fences are not acceptable methods of screening rooftop equipment. (Ord. 3074, 2025; Ord. 3051, 9/24/24)

1 Code reviser’s note: This section has been amended by interim Ord. 3067. The amendments adopted by Ord. 3067 shall remain in effect until six (6) months from the effective date (February 11, 2025) and shall automatically expire unless the same are extended as provided in RCW 36.70A.390 and 35A.63.220 prior to that date, or unless the same are repealed or superseded by permanent amendments prior to that date.

15.420.040 Industrial Design Standards:

A. In General. Screen outdoor storage with building materials consistent with the architectural character of the main building. Materials such as sheet metal used as a screening material is not permitted.

B. Trash. Trash enclosures will be constructed of sturdy, durable, opaque materials (with trash receptacles screened from view). (Ord. 3051, 9/24/24)

15.420.050 Live Work:

A. Decision Type. Live-work units may be established through the conversion of existing buildings or by new construction with a Type II process.

B. Prohibitions. No work activity shall be permitted nor shall any live-work unit be established on any site that contains the potential to adversely affect others living or working in or nearby the live-work development by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. The following are prohibited within or a part of live work units: automobile/vehicle sales and services, bars/lounges/night clubs, adult businesses, animal sales and services, liquor stores, funeral parlors and mortuaries, outdoor storage as a primary use, and salvage and wrecking. No explosive, toxic, combustible or flammable materials in excess of what would be allowed incidental to normal residential use shall be stored or used on the premises.

C. Change in Occupancy. A change in occupancy under the Building Code shall not be approved unless the Director finds that the change of occupancy would not conflict with or adversely affect existing uses in the building and in the area where the live-work unit is located. No use shall be approved where there would be the potential for adverse health impacts from the proposed use on the people residing in the unit. An example of a potential health impact is the potential for food contamination from uses that generate airborne particulates in a unit with an unenclosed kitchen

D. Floor Area. At least fifty percent (50%) of the gross floor area of a live-work unit must be designated and regularly used for work activities.

E. Residential Areas. Residential areas are permitted above, to the side, or in back of the business component; provided, that there is internal access between the residential and commercial space. The residential unit(s) shall be occupied by the owner, manager, or employee(s) of the commercial space.

F. Conversion of Commercial Component. The commercial component as designated on the floor plan shall remain commercial and cannot be converted to residential use.

G. Conversion of Residential Component. The residential component as designated on the floor plan shall remain residential and cannot be converted to commercial use.

H. New Construction. Common or private on-site open space shall be provided for the use of occupants pursuant to the multifamily standards. Such space may include rooftop, balcony, or patio for the residence.

I. External Access. The external access for the commercial component shall be oriented to the street or the lake and shall have at least one external entrance/exit separate from the living space. The entrance to the business component shall be located on the ground level. Access to the commercial component of each live/work unit shall be clearly separate from the common walkways or entrances to the other residential units within the development, or other residential units in adjacent developments.

J. Conversions. Any existing on-site open space shall be retained for the use of the occupants of the live-work units.

K. Business License Required. At least one occupant of each live-work unit shall maintain a current City business license for a business located in that unit.

N. Parking. The live/work unit shall be required to provide parking in accordance with MLUDC Chapter 15.715.

O. No Separate Sale or Rental of Portions of Unit. No portion of a live-work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same unit. (Ord. 3051, 9/24/24)

15.425.010 Applicability:

The provisions of this Chapter shall apply to all lands, buildings, structures, natural features, or uses located within those areas that are defined by the Grant County Airport overlay district on the City’s zoning map. If there is any conflict between the regulations defined in this Chapter and those of the underlying zoning district, the more restrictive requirement shall be applied. If there is any conflict between the regulations defined in this Chapter and those of any airport safety-related law or regulation adopted by an agency or district having jurisdictional authority for an airport regulated under this Chapter, the law or regulation of the jurisdictional authority shall prevail. Reference should be made to the current Grant County International Airport Port of Moses Lake – Airport Master Plan. (Ord. 3051, 9/24/24)

15.425.020 Grant County Airport Overlay District:

There is hereby created the Grant County Airport Overlay District that is composed of the following surface and safety areas. A parcel located in more than one (1) of the following areas is considered to be only in the area with the more restrictive height limitation. The various areas are hereby established and defined as follows:

A. Primary Surface Area. This area is defined as a surface longitudinally centered on the Grant County Airport runways, which extends two hundred feet (200') beyond the end of the runway and is one thousand feet (1,000') wide. The primary surface is at the elevation of the runway.

B. Inner Approach Area. This area is defined as that area which lies directly below imaginary inclined surfaces (the “Inner Approach Surfaces”) longitudinally centered on the extended runway centerline and extending outward and upward from the north and south ends of the primary surface. The inner edges of the inner approach surfaces are one thousand (1,000) feet wide and expand uniformly to a width of four thousand (4,000) feet. The inner approach surfaces extend for a horizontal distance of ten thousand (10,000) feet at a slope of fifty (50) horizontal to one (1) vertical.

C. Outer Approach Area. This area is defined as that area which lies directly below imaginary inclined surfaces (the “Outer Approach Surfaces”) longitudinally centered on the extended runway centerline and extending outward and upward from the north and south outer edges of the inner approach surfaces. The inner edges of the outer approach surfaces are four thousand feet (4,000') wide and expand uniformly to a width of eight thousand feet (8,000'). The outer approach surfaces extend for a horizontal distance of forty thousand feet (40,000') at a slope of forty (40) horizontal to one (1) vertical.

D. Turning Area. This area is defined as that area which lies directly below an imaginary horizontal oval surface (the “Turning Surface”) one hundred fifty feet (150') above the established airport elevation (which is seventeen feet (17') above sea level), the perimeter of which is constructed by swinging ten-thousand-foot (10,000') radii arcs from the center of the end of the primary surface and by connecting the adjacent arcs with parallel lines tangent to those arcs.

E. Conical Area. This area is defined as that area which lies directly below an imaginary surface (the “Conical Surface”) which extends outward and upward from the periphery of the horizontal surface at a slope of twenty (20) horizontal to one (1) vertical for a horizontal distance of four thousand feet (4,000'). The Horizontal Surface is a horizontal plane 150 feet above the established Airport Elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the Primary Surface of each runway. Tangents then connect the adjacent arcs. Size of arcs as follows:

1. For all runways designed visual or utility, the radius of each arc is 5,000 feet.

2. For PIR and Nonprecision Instrument Runways, the radius of each arc is 10,000 feet.

The radius of the arcs specified for each end of a runway will have the same numerical value, that value being the highest determined for either end of the runway. When a 5,000 foot arc is encompassing by tangents connecting two adjacent 10,000 foot arcs, it shall be disregarded.

F. Transitional Areas. These areas are defined as the areas which lie directly below the imaginary inclined surfaces (the “Transitional Surfaces”) which extend outward and upward from the edges of the primary surface and the inner and outer approach surfaces. The transitional surfaces extend at a slope of seven (7) horizontal to one (1) vertical at right angles to the runway centerline and extension of the runway centerline. Transitional surfaces for those portions of the approach surfaces which project through and beyond the limits of the conical surface, extend a distance of five thousand feet (5,000') measured horizontally from the edge of the approach surface and at right angles to the runway centerline. Transitional surfaces for those portions of the inner approach surface and the primary surface extend up to the turning surface.

G. Heliport Areas.

1. Heliport Primary Surface. The area of the primary surface coincides in size and shape with the designated take-off and landing area. This surface is a horizontal plane at the elevation of the established heliport elevation.

2. Heliport Approach Surface. The approach surface begins at each end of the heliport primary surface with the same width as the primary surface and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is 8 to 1.

3. Heliport Transitional Surfaces. These surfaces extend outward and upward from the lateral boundaries of the primary surface and from the approach surfaces at a slope of 2 to 1 for a distance of 250 feet measured horizontally from the centerline of the primary and approach surfaces. (Ord. 3051, 9/24/24)

15.425.030 Height Restrictions:

Except as otherwise provided in this Chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any area created by this Chapter to a height in excess of the applicable height limits herein established for such area. Such applicable height limitations are hereby established for each of the area in question as follows:

A. Inner Approach Area. Structures and trees shall not exceed the height of the Inner Approach Surface.

B. Outer Approach Area. Structures and trees shall not exceed the height of the Outer Approach Surface.

C. Turning Area. Structures and trees shall not exceed the height of the Turning Surface.

D. Conical Area. Structures and trees shall not exceed the height of the Conical Surface.

E. Transitional Areas. Structures and trees shall not exceed the height of the Transition Surfaces.

F. Heliport Areas. Structures and trees shall not exceed the height of the Heliport Approach and Transitional Surfaces.

G. Special Exception. The Director may permit a structure thirty-five (35) feet or less to exceed the height limits of the Airport Overlay District as a special exception. Such an exception shall only be permitted if the Director finds that all of the following conditions exist:

1. The Federal Aviation Administration advises the Director that the exception to the height limits does not create a hazard to aviation; and

2. The additional height is necessary for the successful physical function of the structure; and

3. The exception will not result in re-routing of aircraft; and

4. The structure is designed to minimize adverse impacts of lighting on surrounding uses while complying with the lighting requirements of the Federal Aviation Administration.

Federal Aviation Administration (FAA)

(Ord. 3051, 9/24/24)

15.425.040 Prohibited Uses:

Prohibited uses are the same as for the underlying zoning district as listed in Tables MLUDC 15.405.060 and 15.405.070, except no permit shall be granted in the Overlay District that would:

A. No Airport Hazards. Allow the establishment or creation of an airport hazard, including but not limited to:

1. Electrical interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft.

2. Emission of fly ash, dust, vapor, gases, or other forms of emissions that may conflict with any planned operations of the airport.

3. Foster an increase in bird population and thereby increase the likelihood of a bird-impact problem.

4. Erection or placement of any structure, device, or other object that makes it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airports, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off, or maneuvering of aircraft.

B. No Incompatible Uses. Authorize any use or activity that would result in the siting of an incompatible use adjacent to an airport pursuant to RCW 36.70.547, as amended; or

C. No Increase in Nonconforming Structures or Use. Permit a nonconforming structure or use to be made larger or to become higher or become a greater hazard to air navigation than it was when the MLUDC was adopted. (Ord. 3051, 9/24/24)

15.425.060 Exemptions:

The provisions of this Chapter shall not be applicable to the following when allowed in the underlying zoning district:

A. Nonconforming Uses and Structures. A use, building, or structure which legally exists prior to the effective date of the ordinance codified in this Chapter is considered nonconforming and therefore is exempt, except as may be compelled by state or federal regulations. The use, building, or structure must adhere to the requirements of MLUDC Chapter 15.730.

B. Necessary Aviation Facilities. Any air navigation facility, airport visual approach, or aircraft arresting device, or meteorological device, or a type of device approved by the FAA, the location and height of which is fixed by its functional purpose.

C. Temporary Outdoor Events and Festivals. Temporary outdoor events and temporary outdoor festivals as defined in the Moses Lake Municipal Code and MLUDC, as long as the period of operation does not exceed five (5) days.

D. Temporary Structures. Temporary buildings and structures auxiliary to residential development and major construction which support the sale of dwellings and lots within the same subdivision or residential development, so long as such uses and associated structures are constructed or erected as incidental to a development, do not involve any significant investment, are solely used for the designated purpose and remain for a maximum of one (1) year.

E. Agricultural Structures. Bona fide agricultural buildings, structures, improvements, and associated developments so long as not more than one (1) single-family dwelling occurs within that portion of the parcel located within the Overlay District.

F. Other Uses. As determined by the Director to be minor or incidental and within the intent or objective of this Chapter to protect the airspace around the Grant County Airport from airspace obstructions, hazards, and incompatible land uses and to protect public health, safety, and general welfare within the Overlay District. (Ord. 3051, 9/24/24)

15.427.010 Applicability:

The provisions of this Chapter shall apply to all lands, buildings, structures, natural features, or uses located within those areas that are defined by the Moses Lake Municipal Airport overlay district on the City’s zoning map. If there is any conflict between the regulations defined in this Chapter and those of the underlying zoning district, the more restrictive requirement shall be applied. If there is any conflict between the regulations defined in this Chapter and those of any airport safety-related law or regulation adopted by an agency or district having jurisdictional authority for an airport regulated under this Chapter, the law or regulation of the jurisdictional authority shall prevail. The Moses Lake Airport Plan and Narrative Report (ALP) is an important reference document for consideration of zoning and land use around the Moses Lake Municipal Airport. Section 4.9 includes zoning and land use recommendations as guidance to mitigating incompatible uses. (Ord. 3051, 9/24/24)

15.427.020 Moses Lake Municipal Airport Overlay District:

There is hereby created the Moses Lake Municipal Airport Overlay District that is composed of the following surface and safety areas. A parcel located in more than one (1) of the following areas is considered to be only in the area with the more restrictive height limitation. The various areas are hereby established and defined as follows:

A. Primary Surface Area. This area is defined as a surface longitudinally centered on the Moses Lake Municipal Airport runway, which extends two hundred feet (200') beyond the end of the runway and is one thousand feet (1,000') wide. The primary surface is at the elevation of the runway.

B. Inner Approach Area. This area is defined as that area which lies directly below imaginary inclined surfaces (the “Inner Approach Surfaces”) longitudinally centered on the extended runway centerline and extending outward and upward from the north and south ends of the primary surface. The inner edges of the inner approach surfaces are one thousand (1,000) feet wide and expand uniformly to a width of four thousand (4,000) feet. The inner approach surfaces extend for a horizontal distance of ten thousand (10,000) feet at a slope of fifty (50) horizontal to one (1) vertical.

C. Outer Approach Area. This area is defined as that area which lies directly below imaginary inclined surfaces (the “Outer Approach Surfaces”) longitudinally centered on the extended runway centerline and extending outward and upward from the north and south outer edges of the inner approach surfaces. The inner edges of the outer approach surfaces are four thousand feet (4,000') wide and expand uniformly to a width of eight thousand feet (8,000'). The outer approach surfaces extend for a horizontal distance of forty thousand feet (40,000') at a slope of forty (40) horizontal to one (1) vertical.

D. Turning Area. This area is defined as that area which lies directly below an imaginary horizontal oval surface (the “Turning Surface”) one hundred fifty feet (150') above the established airport elevation (which is seventeen feet (17') above sea level), the perimeter of which is constructed by swinging ten-thousand-foot (10,000') radii arcs from the center of the end of the primary surface and by connecting the adjacent arcs with parallel lines tangent to those arcs.

E. Conical Area. This area is defined as that area which lies directly below an imaginary surface (the “Conical Surface”) which extends outward and upward from the periphery of the horizontal surface at a slope of twenty (20) horizontal to one (1) vertical for a horizontal distance of four thousand feet (4,000'). The Horizontal Surface is a horizontal plane 150 feet above the established Airport Elevation, the perimeter of which is constructed by swinging arcs of specified radii from the center of each end of the Primary Surface of each runway. Tangents then connect the adjacent arcs. Size of arcs as follows:

1. For all runways designed visual or utility, the radius of each arc is 5,000 feet

2. For PIR and Nonprecision Instrument Runways, the radius of each arc is 10,000 feet.

The radius of the arcs specified for each end of a runway will have the same numerical value, that value being the highest determined for either end of the runway. When a 5,000 foot arc is encompassing by tangents connecting two adjacent 10,000 foot arcs, it shall be disregarded.

F. Transitional Areas. These areas are defined as the areas which lie directly below the imaginary inclined surfaces (the “Transitional Surfaces”) which extend outward and upward from the edges of the primary surface and the inner and outer approach surfaces. The transitional surfaces extend at a slope of seven (7) horizontal to one (1) vertical at right angles to the runway centerline and extension of the runway centerline. Transitional surfaces for those portions of the approach surfaces which project through and beyond the limits of the conical surface, extend a distance of five thousand feet (5,000') measured horizontally from the edge of the approach surface and at right angles to the runway centerline. Transitional surfaces for those portions of the inner approach surface and the primary surface extend up to the turning surface. (Ord. 3051, 9/24/24)

15.427.030 Height Restrictions:

Except as otherwise provided in this Chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any area created by this Chapter to a height in excess of the applicable height limits herein established for such area. Such applicable height limitations are hereby established for each of the area in question as follows:

A. Inner Approach Area. Structures and trees shall not exceed the height of the Inner Approach Surface.

B. Outer Approach Area. Structures and trees shall not exceed the height of the Outer Approach Surface.

C. Turning Area. Structures and trees shall not exceed the height of the Turning Surface.

D. Conical Area. Structures and trees shall not exceed the height of the Conical Surface.

E. Transitional Areas. Structures and trees shall not exceed the height of the Transition Surfaces.

F. Special Exception. The Director may permit a structure thirty-five (35) feet or less to exceed the height limits of the Airport Overlay District as a special exception. Such an exception shall only be permitted if the Director finds that all of the following conditions exist:

1. The Washington State Department of Transportation advises the Director that the exception to the height limits does not create a hazard to aviation; and

2. The additional height is necessary for the successful physical function of the structure; and

3. The exception will not result in re-routing of aircraft; and

4. The structure is designed to minimize adverse impacts of lighting on surrounding uses while complying with the lighting requirements of the Federal Aviation Administration. (Ord. 3051, 9/24/24)

15.427.040 Prohibited Uses:

Prohibited uses are the same as for the underlying zoning district as listed in Tables MLUDC 15.405.060 and 15.405.070, except no permit shall be granted in the Overlay District that would:

A. No Airport Hazards. Allow the establishment or creation of an airport hazard, including but not limited to:

1. Electrical interference with navigational signals or radio communications at the airport or with radio or electronic communications between the airport and aircraft.

2. Emission of fly ash, dust, vapor, gases, or other forms of emissions that may conflict with any planned operations of the airport.

3. Foster an increase in bird population and thereby increase the likelihood of a bird-impact problem.

4. Erection or placement of any structure, device, or other object that makes it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airports, impairs visibility in the vicinity of the airport, or otherwise endangers the landing, taking off, or maneuvering of aircraft.

B. No Incompatible Uses. Authorize any use or activity that would result in the siting of an incompatible use adjacent to an airport pursuant to RCW 36.70.547, as amended.

C. Other Prohibited Uses. Additional prohibited uses within the Moses Lake Municipal Airport include:

1. Kennels;

2. Automobile wrecking yards;

3. Residences;

4. Storage of any waste not generated within the municipal boundaries of the City of Moses Lake as a result of a business licensed within the City; and

5. The treatment or storage of any hazardous or nuclear waste.

D. No Increase in Nonconforming Structures or Use. Permit a nonconforming structure or use to be made larger or to become higher or become a greater hazard to air navigation than it was when the MLUDC was adopted. (Ord. 3051, 9/24/24)

15.427.050 Exemptions:

The provisions of this Chapter shall not be applicable to the following when allowed in the underlying zoning district:

A. Nonconforming Uses and Structures. A use, building, or structure which legally exists prior to the effective date of the ordinance codified in this Chapter is considered nonconforming and therefore is exempt, except as may be compelled by state or federal regulations. The use, building, or structure must adhere to the requirements of MLUDC Chapter 15.730.

B. Necessary Aviation Facilities. Any air navigation facility, airport visual approach, or aircraft arresting device, or meteorological device, or a type of device approved by WSDOT, the location and height of which is fixed by its functional purpose;

C. Temporary Outdoor Events and Festivals. Temporary outdoor events and temporary outdoor festivals as defined in the Moses Lake Municipal Code and MLUDC, as long as the period of operation does not exceed five (5) days.

D. Temporary Structures. Temporary buildings and structures auxiliary to residential development and major construction which support the sale of dwellings and lots within the same subdivision or residential development, so long as such uses and associated structures are constructed or erected as incidental to a development, do not involve any significant investment, are solely used for the designated purpose and remain for a maximum of one (1) year.

E. Agricultural Structures. Bona fide agricultural buildings, structures, improvements, and associated developments so long as not more than one (1) single-family dwelling occurs within that portion of the parcel located within the Overlay District.

F. Other Uses. As determined by the Director to be minor or incidental and within the intent or objective of this Chapter to protect the airspace around the Moses Lake Municipal Airport from airspace obstructions, hazards, and incompatible land uses and to protect public health, safety, and general welfare within the Overlay District.

Airport Compatibility Zone

Dimensions

Length

Width

Notes

Zone 1

1,000'

750'

Zone 1 includes the runway’s RPZ. The RPZ is depicted with shaded area within Zone 1.

Zone 2

1,500'

750'

NA

Zone 3

3,000'

*

*Plot Zone 3’s vertex 1,000' from the runway’s endpoint or 25% of runway’s length

Zone 4

2,500'

500'

NA

Zone 5

*

500'

Zone 5 ends 200' past the runway’s endpoint

Zone 6

5,000'

5,000'

Set the vertex for Zone 6’s arc parallel to the end of Zone 2

(Ord. 3051, 9/24/24)

15.429.010 Purpose:

It is the purpose of Chapter 84.14 RCW to encourage new private multifamily housing development and redevelopment within cities that are planning under the Growth Management Act, where the legislative body has found that there are insufficient housing opportunities. To achieve this purpose, this chapter provides for special valuation for eligible improvements associated with the provision of multi-unit housing in residentially deficient urban centers. It is further intended to provide attractive, reasonable places to live close to employment, shopping, entertainment, and transit services and to promote neighborhood revitalization and community development. (Ord. 3074, 2025)

15.429.020 Definitions:

A. “Multifamily housing” means building(s) having four (4) or more dwelling units designed for permanent residential occupancy resulting from new construction or rehabilitation or conversion of vacant, underutilized, or substandard buildings.

B. “Owner” means the property owner of record.

C. “Director” means the Community Development Director.

D. “Permanent residential occupancy” means multi-unit housing that provides either rental or owner occupancy on a 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.

E. “Rehabilitation improvements” means modifications to existing structures, that are vacant for twelve (12) months or longer, that are made to achieve a condition of substantial compliance with existing building codes or modification to existing occupied structures which increase the number of multifamily housing units.

F. “Residential targeted area” means an area within an urban center that has been designated by the City Council as lacking sufficient, available, desirable, and convenient residential housing to meet the needs of the public.

G. “Urban center” means a compact, identifiable district containing several business establishments, adequate public facilities, and a mixture of uses and activities, where residents may obtain a variety of products and services. (Ord. 3074, 2025)

15.429.030 Residential Target Area Designation and Standards:

A. Criteria. Following notice and a public hearing, as prescribed in RCW 4.14.040, the City Council may, in its sole discretion, designate one (1) or more residential target areas. The designated target area must meet the following criteria:

1. The target area is located within an urban center.

2. The target area lacks sufficient available, desirable, and convenient residential housing to meet the needs of the public who would likely live in the mixed use center if desirable, attractive, and livable places were available.

3. The provision of additional housing opportunities in the target area will assist the City in achieving the following purposes:

a. Increasing residential opportunities within the target area.

b. Stimulating the construction of new multifamily housing.

c. The rehabilitation of existing vacant and under-utilized buildings for multifamily housing.

4. In designating the target area, the City Council may also consider other factors, including:

a. Whether additional housing will attract and maintain an increasing number of permanent residents and help alleviate detrimental conditions caused by a lack of investment in underutilized vacant buildings.

b. Whether an increased permanent residential population in the targeted area will help the City achieve the planning goals mandated by the Growth Management Act under RCW 36.70A.020.

c. Whether additional housing may contribute to revitalization of a distressed neighborhood or area within the City.

B. Target Area Standards and Guidelines. For the designated residential target areas, the City Council shall adopt basic requirements for both new construction and rehabilitation, including the application process and procedures. The City Council may also adopt guidelines to include the following:

1. Requirements that address demolition of existing structures and site utilization.

2. Building requirements that may include elements addressing parking, height, density, environmental impact, public benefit features, compatibility with surrounding property, and such other amenities as will attract and keep permanent residents and will properly enhance the livability of the residential target area.

3. The required amenities shall be relative to the size of the proposed project and the tax benefit to be obtained.

The City Council may, by ordinance, amend or rescind the designation of a residential target area at any time pursuant to the same procedure as set forth in the original designation.

C. Designated Target Area. The City Council has adopted residential target area as indicated on the map attached to the ordinance codified in this chapter. (Ord. 3074, 2025)

15.429.040 Project Eligibility:

A proposed project must meet the following requirements for consideration for a property tax exemption under this chapter:

A. Location. The project must be located within Moses Lake’s residential target area, as designated under Section 15.429.030.

B. Size. The project must include at least four (4) units of multifamily housing within a residential structure or as part of a mixed-use development. A minimum of four (4) new units must be constructed or at least four (4) additional multifamily units must be added to existing occupied multifamily housing. Existing multifamily housing that has been vacant for twelve (12) months or more does not have to provide additional units so long as the project provides at least four (4) units of new, converted, or rehabilitated multifamily housing.

C. Residential Displacement and Demolition. The project must not displace existing residential units, unless the units are certified not to meet current building and housing codes. The units can then be rehabilitated or replaced and included in the qualified portion of the project to receive the property tax abatement. If the units slated for replacement or demolition do meet current code, then the size of the project needs to be increased by the number of units that are being replaced or demolished and these replacement units would not qualify for the property tax abatement. Property proposed to be rehabilitated or developed must be vacant at least twelve (12) months before submitting an application.

D. Permanent Residential Housing. At least fifty percent (50%) of the space designated for multifamily housing must be provided for permanent residential occupancy.

E. Proposed Completion Date. New construction of multifamily housing and rehabilitation improvements must be scheduled to be completed within three (3) years from the date of approval of the application.

F. Compliance With Guidelines and Standards. The project must be designed to comply with the City’s comprehensive plan, building, housing, and zoning codes, and any other applicable regulations in effect at the time the application is approved. Rehabilitation and conversion improvements must comply with all applicable housing codes. New construction must comply with the building code. The project must also comply with any other standards and guidelines adopted by the City Council for the residential target area in which the project will be developed. (Ord. 3074, 2025)

15.429.050 Application Procedure:

A property owner who wishes to propose a project for tax exemption shall complete the following procedures:

A. Application. An application needs to be filed with the Community Development Department. A fee of five hundred thirty dollars ($530) needs to be included to cover the Grant County Assessor’s administrative costs. Upon approval of the application, the fee will be forwarded to the Grant County Assessor’s office for processing. A complete application shall include:

1. A completed City of Moses Lake application form setting forth the grounds for the exemption.

2. Preliminary floor and site plans of the proposed project.

3. A statement acknowledging the potential tax liability when the project ceases to be eligible under this chapter.

4. Verification by oath or affirmation of the information submitted.

5. For rehabilitation projects, the applicant shall also submit an affidavit that existing dwelling units have been unoccupied for a period of twelve (12) months prior to filing the application.

B. Application Review and Issuance of Conditional Certificate. The Community Development Director may certify as eligible an applicant who is determined to comply with the requirements of this chapter. A decision to approve or deny an application shall be made within thirty (30) days of receipt of a complete application.

1. Approval. If an application is approved, the applicant shall enter into a contract with the City, subject to approval by the City Council, regarding the terms and conditions of the project. Upon City Council approval of the contract, the Community Development Director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate expires three (3) years from the date of approval unless an extension is granted as provided in this chapter.

2. Denial. The Community Development Director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant’s last known address within ten (10) days of the denial. An applicant may appeal a denial to the City Council within thirty (30) days of receipt of notice. On appeal, the Community Development Director’s decision will be upheld unless the applicant can show that there is no substantial evidence on the record to support the Community Development Director’s decision. The City Council’s decision on appeal will be final.

C. Extension of Conditional Certificate. The Community Development Director may extend the conditional certificate for a period not to exceed twenty-four (24) consecutive months. The applicant must submit a written request stating the grounds for extension. An extension may be granted if it is determined that:

1. The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner.

2. The owner has been acting, and could reasonably be expected to continue to act, in good faith and with due diligence.

3. All the conditions of the original contract between the applicant and the City will be satisfied upon completion of the project.

D. Application for Final Certificate. Upon completion of the improvements agreed upon in the contract between the applicant and the City and upon issuance of a temporary or permanent certificate of occupancy, the applicant may request a final certificate of tax exemption. The applicant must file with the Community Development Department the following:

1. A statement of expenditures made with respect to all affected multifamily housing units and the total expenditures made with respect to the entire property.

2. A description of the completed work and a statement of qualification for the exemption.

3. A statement that the work was completed within the required three (3) year period plus any authorized extension.

Within thirty (30) days of receipt of all materials required for a final certificate, the Community Development Director shall determine which specific improvements satisfy the requirements of this chapter.

E. Issuance of Final Certificate. If the Community Development Director determines that the project has been completed in accordance with the contract between the applicant and the City and has been completed within the authorized time period, the Community Development Director shall, within ten (10) days, file a final certificate of tax exemption with the Grant County Assessor.

1. Denial and Appeal. The Community Development Director shall notify the applicant in writing that a final certificate will not be filed if the Community Development Director determines that:

a. The improvements were not completed within the authorized time period.

b. The improvements were not completed in accordance with the contract between the applicant and the City.

c. The owner’s property is otherwise not qualified under this chapter.

Within fourteen (14) days of receipt of the Community Development Director’s denial of a final certificate, the applicant may file an appeal with the City Council. On appeal, the Community Development Director’s decision will be upheld unless the applicant can show that there is no substantial evidence to support the Community Development Director’s decision. The City Council’s decision on appeal will be final.

F. Annual Compliance Review. Within thirty (30) days after the first anniversary of the date of filing the final certificate of tax exemption and each year thereafter, for a period of eight (8) or twelve (12) years, the property owner shall file a notarized declaration with the Community Development Director indicating the following:

1. A statement of occupancy and vacancy of the multifamily units during the prior year.

2. A certification that the property continues to be in compliance with the contract with the City.

3. A description of any subsequent improvements or changes to the property.

City staff shall also conduct on-site verification of the declaration. Failure to submit the annual declaration may result in the tax exemption being cancelled.

G. Cancellation of Tax Exemption. If the Community Development Director determines the owner is not complying with the terms of the contract, the tax exemption may be cancelled. This cancellation may occur in conjunction with the annual review or at any other time when noncompliance has been determined. If the owner intends to convert the multifamily housing to another use, the owner must notify the Community Development Director and the Grant County Assessor within sixty (60) days of the change in use.

1. Effect of Cancellation. If a tax exemption is cancelled due to a change in use or other noncompliance, the Grant County Assessor may impose the additional real property tax on the value of the nonqualifying improvements in the amount that would normally be imposed, plus a penalty of twenty percent (20%). This additional tax is calculated based upon the difference between the property tax paid and the property tax that would have been paid if it had included the value of the nonqualifying improvements dated back to the date that the improvements were converted to a non-multifamily use. The tax must include interest upon the amount of the additional tax as determined by the Assessor, and the additional tax owed, together with interest and penalty, will become a lien on the land and attach at the time the property or portion of the property is removed from multifamily use or the amenities no longer meet applicable requirements.

2. Notice of Appeal. Upon determining that a tax exemption is to be cancelled, and after the Community Development Director’s review with the City Manager, the Community Development Director shall notify the property owner by certified mail. The property owner may appeal the determination by filing a notice of appeal with the Finance Director within thirty (30) days, specifying the factual and legal basis for the appeal. The City Council will conduct a hearing at which all affected parties may be heard and all competent evidence received. The City Council may affirm, modify, or repeal the decision to cancel the exemption based on the evidence received. An aggrieved party may appeal the City Council’s decision to the Grant County Superior Court. (Ord. 3074, 2025)