A. On-Premises Directional Signs. On-premises directional signs readable from the public right-of-way may be permitted in accordance with Tables 15.735.080-1 and 15.735.080-2. On-premises directional signs may contain both directions and the business name or logo, provided the business name or logo shall not exceed fifty percent of the sign area. All on-premises directional signs shall meet the general provisions of this section, and shall not exceed ten square feet per sign face.

B. Off-Premises Directional Signs. Off-premises directional signs readable from the public right-of-way may be permitted in accordance with Table 15.735.080-1; provided, that:

A. Application. All development shall comply with the design standards and guidelines applicable to the type of use and/or the district in which the proposed development is located. The Director, or other decision maker so specified, shall have the authority to apply the standards to specific development proposals as conditions of approval.

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

C. Minimums. 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

D. Conflict. These standards are intended to supplement other provisions of the MLUDC and other existing City codes applicable to developments. Where there is a conflict between the provisions of this Chapter and other codes, the most stringent shall apply.

E. Chapter Not Exclusive. Compliance with the provisions of this Chapter does not constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, Shoreline Substantial Development Permits, Hydraulic Permit Act (HPA) permits, Section 106 of the National Historic Preservation Act, U.S. Army Corps of Engineers Section 404 permits, National Pollution Discharge Elimination System permits). The Applicant is responsible for complying with these requirements. (Ord. 3051, 9/24/24)

A. Sidewalks Multi-Use Pathways, and Street Trees. The following standards are applicable:

B. Multi-use Pathways.

A. Streets, sidewalks, water, wastewater, stormwater and miscellaneous utility infrastructure shall be laid out in a manner which allows for accessibility, further development of all parcels within the region, and well-designed networks and circulation.

B. The Applicant is responsible for constructing all the streets within the subdivision full width, and all the streets adjacent to the subdivision half width. Except, the Applicant shall be responsible for constructing the adjacent streets full width if the City determines that the use within the subdivision requires full width streets.

C. The Applicant shall be required to design easements and dedications in a manner which facilitates the future development of the region as determined by the Director. This shall be accomplished by establishing easements and dedications to the furthest lot line, as well as other similar methods. Cul-de-sacs are limited and only allowed authorized by the Director upon consultation with the City Engineer.

D. All easements and dedications shall be designed in a manner which provides the necessary dimensional specifications required for future development.

E. All lots shall be provided with direct access to an improved public street meeting the specifications contained in the MLUDC and as designated in the Comprehensive Plan. Streets shall be improved to the standards as outlined in the MLUDC and as a condition of development approval. All streets shall be dedicated to the City, except as provided in MLUDC Chapter 15.330.

F. Development standards shall be reviewed concurrently with the related application for a building permit, utility connection permit, land use permit, subdivision permit, or other associated type of activity or permit.

G. Those public facilities and utilities required to be provided as a condition of approval shall be fully operational or bonded for concurrency with the use and occupancy of the development, except that concurrency for transportation facilities may be within six (6) years of project approval at the discretion of the Director working in consultation with the Public Works Director.

H. Development shall be prohibited if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride-sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection, “concurrent with the development” means that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years. Highways of statewide significance are exempt from concurrency requirements, pursuant to RCW 36.70A.070(6)(a)(iii)(C). See MLUDC Chapter 15.250.

I. Street design shall meet the street functional classification. (Ord. 3051, 9/24/24)

A. Air Quality. Emissions from combustion and incineration, emissions from sources emitting hazardous air pollutants, and emissions of suspended particles or fugitive dust shall not exceed the standards set forth in Chapter 173-400 WAC, General Regulations for Air Pollution. Where such emissions could be produced as a result of accident or equipment malfunction, safeguards standard for safe operation in the industry shall be taken. Polluted air streams shall be treated with the best available control technology.

B. Heat, Glare, and Humidity (Steam). Any activity producing humidity in the form of steam or moist air, or producing heat or glare, shall be carried on in such a manner that the heat, glare, or humidity is not perceptible at or beyond the property line. Artificial lighting shall be hooded or shaded so that direct light of high intensity lamps will not result in objectionable glare.

C. Odors. Any use producing odors shall implement best available practices and use best available technology so that offensive or obnoxious odors shall not be perceptible to a person of normal sensitivity at or beyond the property line.

D. Vibration. Every use shall be so operated that the ground vibration inherently and recurrently generated from equipment other than vehicles is not perceptible without instruments at any point beyond the property line.

E. Electromagnetic Interference. Electric fields and magnetic fields shall not be created that adversely affect the public health, safety, and welfare, including but not limited to interference with the normal operation of equipment or instruments or normal radio, telephone, or television reception from off the premises where the activity is conducted. This section does not apply to telecommunication facilities which are regulated by the FCC under the Federal Telecommunications Act of 1996 or its successor.

F. Noise. Noise within the commercial and industrial zones must not exceed the maximum permissible noise levels set forth in WAC 173-60-040.

G. Fire and Explosive Hazard. The manufacture, use, processing, or storage of flammable liquids, gases, or solids shall be in compliance with the State Fire Code, the State Building Code, National Fire Protection Association standards, and any other state or nationally recognized standards that may apply to the particular use, building, or process.

H. Health Regulations. All uses must be in compliance with all current health regulations.

I. State Building Code, State Fire Code, State Mechanical Code, and State Plumbing Code Requirements. All uses must be in compliance with the applicable requirements of the State Building Code, the State Fire Code, the State Mechanical Code, and the State Plumbing Code except as may be provided in this Chapter.

J. Outside Storage. Outside storage is permitted in C-1A and C-2 zones when conducted in conjunction with the principal use which is in an enclosed adjoining building. Outside storage is prohibited in the other commercial zones.

K. Fences and Walls. All fences and walls will require a fence permit to be issued by the Building Official prior to construction or installation. Electric and barbed wire fences are prohibited, except that security fences containing barbed wire may be permitted subject to review by the Building Official regarding the safety of such a fence. All applications for permits to construct or install fences or walls shall be reviewed by the Building Official and City Engineer for vehicular and pedestrian safety. Additional information about fences is contained in MLUDC Chapter 15.725.

L. Stormwater and Drainage.

A. Improvements Required. An on-site pedestrian circulation system shall be provided. The system shall meet all standards of this section.

B. Connection to the Street. The system shall connect all adjacent streets to the main entrance. One (1) of the connections should be no longer than the straight-line distance from the entrance to the closest sidewalk. It may not be more than twenty feet (20') longer or one hundred twenty percent (120%) of the straight-line distance, whichever is less.

C. Connection to Neighboring Uses. The system shall connect to all adjacent properties. The connections shall extend to the property line and connect to paths or sidewalks on neighboring properties or to the likely location of connections on those properties. When no connections exist on a neighboring property and extending a connection would create a safety hazard or it is not possible to determine the likely location of future connections on that property, the City of Moses Lake may enter into a legally binding agreement with the owner of the property being developed to construct the connection to the neighboring use when the property on which the use is located develops or redevelops. This agreement shall run with the land and be recorded in the Grant County Auditor’s Office.

D. Internal Connections. The system shall connect all buildings on the site and provide connections to other areas of the site, such as parking areas, bicycle parking, recreational areas, common outdoor areas, and any pedestrian amenities

E. Lighting. The on-site pedestrian circulation system shall be lighted to an intensity where the system can be used at night by employees, residents, and customers. Lighting should be at a height appropriate for a pedestrian pathway system.

F. Materials.

B. When Reviewed. Project design review shall apply to all new development, expansions, or site improvements that will change the physical conditions of a site. Review shall be required and processed along with the appropriate land use permit or associated with a building permit application. This review must be approved prior to issuance of a building permit.

C. Only Reviewing Project Design. Project design review is not intended to review and determine the appropriateness of a given use on a particular site.

D. Project Requirements. Any project level requirement found within the MLUDC shall be applied herein. (Ord. 3051, 9/24/24)

A. Site Design. The following design elements shall be applied to all projects:

5. On-Site Vehicular Circulation, Parking, and Bicycle Facilities.

a. Vehicular access points from public roads or primary private drives shall be limited, by sharing driveways and linking parking lots between adjacent uses.

b. On-site primary vehicular circulation drives shall be separated and provide minimal vehicular conflict with parking areas.

c. Parking garages should be designed and sited to complement, not dominate, the streetscape and shall be screened when visible from public streets. Above-grade parking garages shall be designed to incorporate architectural elements that complement the adjacent buildings.

d. Bicycle racks shall be located near the entrances to each commercial, multifamily or mixed use buildings, and to the main features of each recreational amenity.

B. Screening Standards. Mechanical equipment, trash and recycling dumpsters, and any outdoor related equipment shall be screened from abutting properties, public rights-of-way, and open space with a combination of fencing and landscaping. Screening shall be complementary to the materials and colors of the primary structure(s) and shall be of a height appropriate to reduce the appearance of the materials being screened. See MLUDC Chapter 15.725. (Ord. 3051, 9/24/24)

A. Design and locate outdoor spaces and gateways as outlined in the Comprehensive Plan and Sub-Area Plans.

B. Recognize the transportation and recreation uses to provide pedestrian and bicycle connections from private development adjacent to the corridor, when appropriate, to preserve the opportunity for future multi-modal transportation access. Site design will be evaluated with connectivity of trails, sidewalks, and bike routes in mind. (Ord. 3051, 9/24/24)

A. Air Quality. Air emissions shall meet applicable state and federal regulations, including but not limited to Title 173 WAC – Department of Ecology, and Title 296 WAC – Department of Labor and Industries. Where emissions could be released as a result of accident or equipment malfunction, standard safeguards for safe operation of the industry involved shall be taken. Air emissions can include but are not limited to smoke, dust, particulate matter, odor, or gas/vapor.

B. Odors. Any use producing odors shall implement best available practices and use best available technology so that offensive or obnoxious odor shall not be perceptible to a person of normal sensitivity at or beyond the property line. Any use producing odors shall implement best available practices and use best available technology so that offensive or obnoxious odors shall not be perceptible to a person of normal sensitivity at or beyond the Industrial Zone boundary line.

C. Heat and Humidity. Any use or activity producing heat or humidity in the form of steam or moist air shall be carried on in such a manner that the heat or humidity is not perceptible at or beyond the property line.

D. Glare. Any activity producing glare shall be carried on in such a manner that the glare is not perceptible at or beyond the property line. Building and infrastructure materials with high reflectivity of light shall not be used or shall receive surface treatments to prevent the reflection of light or glare onto areas within and surrounding Industrial Zones. Artificial lighting shall be hooded or shaded so that direct light of high intensity lamps will not result in glare when viewed from public streets or neighboring properties.

E. Vibrations. Every use shall be so operated that any air or ground vibration recurrently generated from equipment other than vehicles is not perceptible without instruments at any point on or beyond the property line.

F. Hazardous Materials. The manufacture, use, processing or storage of hazardous materials or substances shall be permitted in accordance with the regulations of the State Building Code, State Fire Code, the National Fire Protection Association standards as set forth in Titles 51 WAC, Chapter 296-843 WAC, Chapters 19.27 and 35.21 RCW, and compliance with any other state or nationally recognized standards that may apply to the particular use, building, or process.

G. Industrial Wastes. The storage, processing, or disposal of dangerous or hazardous waste shall be subject to the regulations of Title 173 WAC – Department of Ecology and Title 296 WAC – Department of Labor and Industries.

H. Flammable and Explosive Hazards. The manufacture, use, processing, storage, and disposal of flammable liquids or materials that produce or are innately flammable or explosive substances shall be subject to the regulations of the State Building Code, State Fire Code, the National Fire Protection Association standards as set forth in Title 51 WAC, Chapter 296-843 WAC, Chapters 19.27 and 35.21 RCW, and compliance with any other state or nationally recognized standards that may apply to the particular use, building, or process.

I. Electromagnetic Interference. Electric fields and magnetic fields shall not be created that adversely affect the public health, safety, and welfare, including but not limited to interference with the normal operation of equipment or instruments or normal radio, telephone, or television reception from off the premises where the activity is conducted. This section does not apply to telecommunication facilities which are regulated by the FCC under the Federal Telecommunications Act of 1996 or its successor.

J. Noise. Noise emanating from a use or activity within an industrial zone which exceeds the maximum permissible noise levels set forth in WAC 173-60-040 and this Chapter shall not be permitted.

K. Additional Requirements. Additional requirements are found in other Chapters of the Municipal Code, other adopted City regulations, and applicable State and Federal agency regulations, including but not limited to the following:

A. Applicability. Unless exempt as provided herein, the requirements of this Chapter shall apply to all of the following:

B. Exceptions.

A. Access and Capacity. The parking and/or loading areas shall have reasonable access and a capacity according to the use of the property listed in the following sections. Where a use is not listed, the Director shall determine the required parking and/or loading space based on similar uses for which the requirements are specified or based on an analysis of likely parking needs.

B. Wheel or Bumper Stops. Wheel or bumper stops shall be required to prevent vehicles from overhanging walkways, property lines, or other limits of a parking facility and to prevent damage to landscaping.

C. Use of Streets. Except for single-family dwelling, duplex or triplex unit driveways, access or aisles shall be designed in a manner which does not permit backing movements or other maneuvering within or onto a street other than an alley.

D. Aisles. Aisle width shall be a minimum of twenty-four feet (24') for two way traffic and, as applicable, meet fire lane standards. One way traffic aisle can be reduced in width upon approval by the Fire Department.

E. Drive Through Windows. Drive through windows shall have a stacking lane of a minimum of one hundred twenty feet (120') and shall be designed to not block access, parking aisles, or fire lanes.

F. Landscaping. Parking lot landscaping shall comply with MLUDC Chapter 15.720.

G. Carpool Parking. For industrial, commercial, and institutional uses where there are more than fifty (50) parking spaces on the site, the following standards must be met:

H. Litter Receptacles. All off-street parking areas serving retail uses and restaurants shall provide at least one (1) outdoor litter receptacle within the parking area or at the building entrance. One (1) additional outdoor litter receptacle shall be provided within the parking area or at the building entrance for each seventy-five (75) parking spaces located on the site.

I. Parking Space Dimensions. Except for compact car spaces, each parking space shall be no less than nine feet (9’) wide and twenty feet (20') long.

J. Compact Parking Spaces. Ten percent (10%) of the total spaces required may be for compact cars only. These spaces must be designated. Each compact space shall be at least eight feet (8') wide and sixteen feet (16') long and shall be clearly identified as a compact car space by painting the word “COMPACT” in capital letters, a minimum of eight inches (8") high, on the pavement at the base of the parking space and centered between the striping.

K. Mixed Occupancy Building. A building that has mixed occupancies shall provide parking for each use as required in MLUDC 15.715.030. (Ord. 3051, 9/24/24)

A. Residential. Required parking space shall be located adjacent to the residence.

B. Commercial, Industrial, Public, and Institutional. Required parking shall be on site or within three hundred feet (300') of the building, unless authorized by the Director. Businesses located within a C-1 Central Business District and C-1A Commercial Transitional Zone shall be exempt from the parking requirement. (Ord. 3051, 9/24/24)

A. Bicycle Parking Spaces. Off-street parking areas shall contain at least one (1) bicycle parking space for every twelve (12) spaces required for motor vehicles except as follows:

B. Location of Bicycle Parking. All bicycle parking shall be located on the ground level and within one hundred feet (100') of the building entrance, shall be located in safe, visible areas (i.e., in view of windows, street, or sidewalk) that do not impede pedestrian or vehicle traffic flow, and shall be well lit for nighttime use. In the case of multiple businesses, bicycle parking shall be placed in multiple locations or near the center of the development. Covered bicycle parking is optional but encouraged.

C. Required Improvements. Bicycle parking shall be improved in accordance with the following requirements:

A. General Loading Requirements. Other than those listed in subsection (B) of this section, commercial, industrial, and public utility uses shall provide truck loading and unloading space as follows:

B. Special Loading Requirements. Restaurants, office buildings, hotels, motels, hospitals and institutions, schools and colleges, public buildings, recreational or entertainment facilities, and any similar use shall provide off-street truck loading or unloading spaces as follows:

C. Size of Loading Space. A loading space shall consist of a space not less than ten feet (10') wide, thirty-five feet (35') long, and a height clearance of fourteen feet (14'). Where vehicles generally used for loading and unloading exceed these dimensions, the required length of these spaces shall be increased. The Building Official may waive the height requirement upon receipt of evidence that such height is unnecessary.

D. Location of Loading Area. The required off-street loading area shall be located on the same lot with the use it is intended to serve.

E. Restriction on Use. Off-street parking areas used to fulfill the requirements of this title shall not be used for loading and unloading operations except during periods of the day when not required to serve parking needs. (Ord. 3051, 9/24/24)

A. Parking Improvements. Every parcel of land hereafter used for parking purposes shall be developed and permanently maintained in accordance with the following requirements:

B. Low Impact Development (LID). LID is encouraged for all parking areas. In parking lot design, this can be achieved with the use of the following design features:

A. Best Management Practices. It is the intent of these regulations to require the use of best management practices (BMPs) per the Eastern Washington Stormwater Manual to minimize, treat, prevent and/or reduce degradation of water quality and flooding potential due to stormwater runoff from parking. The stormwater management system shall be designed, constructed, and maintained with BMPs to minimize runoff volumes, prevent flooding, reduce soil erosion, protect water quality, maintain or improve wildlife habitat, and retain all stormwater on site pursuant to MLMC Section 13.35.030.

B. Stormwater Infiltration. Infiltration of stormwater shall be accommodated to the extent possible through limitation of land disturbance and grade changes, retention of existing natural drainage areas and wetlands, and use or creation of vegetated islands, vegetated medians, and vegetated perimeter buffer strips.

C. Drainage Patterns. Natural drainage patterns shall be maintained to the extent practicable. The Applicant must demonstrate, through information provided on and in association with the proposed site plan, the existing and proposed drainage patterns and calculated flows.

D. Impervious Surface Reduction. Measures that shall be considered to reduce the amount of impervious surfaces in all proposed parking lots include:

A. Bicycle Parking. The Director may reduce bicycle parking facilities for patrons when it is demonstrated that bicycle activity is unlikely to occur at that location, provided bike rack parking is not completely eliminated.

B. Minimum Parking Spaces. An Applicant may request a modification of the minimum required number of parking spaces by proving that parking demand can be met with reduced parking. In such cases, the Director may approve a reduction of up to fifty percent (50%) of the minimum required number of spaces.

C. Overflow Parking. Overflow parking areas and event-parking areas may use turf or other pervious surfaces. “Overflow parking” shall be defined as off-street parking in excess of the minimum required by this Chapter, not used more than fifteen (15) times a year. All parking areas for which paving is waived shall meet the minimum requirements of the State Building Code. All parking areas shall be constructed with proper drainage.

D. Existing Building. When an existing building is occupied by a new use which would require greater parking or loading space than is provided, the Director may waive the additional parking requirement provided the Director finds existing development renders compliance with the requirement impractical. (Ord. 3051, 9/24/24)

A. Parking spaces designated for electric vehicle charging shall be included in the calculation of the number of off-street parking spaces provided pursuant to this Chapter.

B. Each electric vehicle charging station space shall be posted with signage indicating the space is for electric vehicle charging purposes. Signage should include identifying voltage and amperage levels, time of use, fees, safety or other information. See example below of typical signage:

C. Installation of wayfinding signs should be conveniently located to effectively guide motorists to the charging station space(s). Such signs shall comply with this sign standards.

D. Where charging station equipment is provided adjacent to a pedestrian circulation area, such as a sidewalk or accessible route to the building entrance, charging equipment shall be located so as not to interfere with accessibility requirements of WAC 51-50-005, as amended.

E. Alternative Parking Bonus. The addition and/or inclusion of electric vehicle parking spaces will receive a bonus of a reduction of 20% from the overall parking requirement.

F. Battery exchange stations shall store all batteries in an enclosed building. No outdoor storage is permitted. All batteries that are beyond their useful life shall be recycled or disposed of in accordance with requirements established by the State Department of Ecology, State Department of Transportation, and the Environmental Protection Agency. (Ord. 3051, 9/24/24)

A. New Development.

B. Expansions and Enlargements.

A. Landscape Required. A landscape plan with designed landscaped areas shall be submitted as a part of all development applications where landscaping, buffering, or screening is required.

B. Maintenance. Property owners and occupants of the property with control over landscaped areas shall be responsible for:

C. Installation of Required Landscaping.

D. Irrigation of Landscaping. Any irrigation system shall be installed in a manner that minimizes the use of water and eliminates any runoff of water into public right-of-way.

E. Planting In or Over the Public Right-of-Way. All planting of vegetated material or installation of any landscaping, buffering, or screening material in the public right-of-way shall require prior approval of the City, and shall comply with line of sight requirements (sight distance triangle). See MLUDC 15.725.010(C).

F. Turf Limitations.

G. Landscaping Materials. Landscaping shall include drought-tolerant and water efficient plant materials consistent with City guidelines and the turf limitations of Subsection (F). (Ord. 3051, 9/24/24)

A. Buffer Landscaping Required. When adjacent to the uses listed, the subject property shall provide the type and width of landscaping listed in the table below along the entire property line between the subject property and the adjacent use, except for vehicular and pedestrian access points. If a building is located in the buffer area, the landscaping displaced by the building shall be located elsewhere on the site.

B. Landscape Buffer Types.

A. Parking Lot Buffers.

B. Parking Lot Interior. At least ten percent (10%) of the parking stall area of lots containing less than fifty (50) parking spaces, and at least fifteen percent (15%) of the parking stall area of lots containing fifty (50) or more parking spaces, shall be landscaped.

C. Tree Requirements.

D. Location and Dimension of Landscaped Areas.

E. Parking Lot Illumination. Parking lot illumination shall be considered in placement of trees, such that the illumination will not be obstructed by the tree, nor will the growth of tree be obstructed by the illumination structure. (Ord. 3051, 9/24/24)

A. Landscape Plan Approval. After receipt of a complete landscape plan, all development applications shall be reviewed by the Department for compliance with this Chapter concurrently with and as a part of the review process of the principal use or structure and prior to issuance of any permit or approval except subdivisions. Landscape plans are processed under the Type I review.

B. Residential Subdivisions. For residential major and short subdivisions, required landscaping shall be installed at the time each lot is developed, and no permanent Certificate of Occupancy for the building shall be issued until the landscaping for that lot is installed or bonded for, as specified in herein. Where compliance with this requirement is not possible because of bona fide seasonal planting limitations, the Applicant may request a one (1) time extension for a temporary Certificate of Occupancy not to exceed six (6) months. However, no permanent Certificate of Occupancy shall be issued until all required landscaping is completed or security provided.

C. Installation or Security. No permanent Certificate of Occupancy, or final inspection approval if no Certificate of Occupancy is required, shall be issued until one of the following occur:

D. Alternative Landscape Design. The Director may approve modifications to the standards and designs set out in the Chapter if it provides equivalent means of achieving the intent of this Chapter or is consistent with the surrounding landscaping and meets the following:

A. The following trees are prohibited within public right-of-way, including planter strips: poplar, willow, cottonwood, fruit trees other than ornamental, nut trees, Siberian or Chinese elm, or any other tree species that may be declared a nuisance by the City for reasons of disease, exotic characteristics, or impairing or destroying property necessary to the health, welfare, and safety of the citizens of the City.

B. The following trees are prohibited within one hundred (100) feet of a public sewer: poplar, willow, elm, cottonwood, or any other tree species with invasive roots.

C. Any plant listed by the Grant County Weed District No. 2 as a noxious weed is prohibited. (Ord. 3051, 9/24/24)

B. Nonresidential Zoning Districts. The following regulations shall apply to all zoning districts and overlays, excluding residential districts:

C. Clearview Triangle. All corner lots shall maintain a vehicular sight triangle for safety purposes. A sight triangle shall be formed by measuring from the intersection of the extended curb line or the traveled right-of-way (if no curbs exist) of the adjacent street to a distance of fifty feet (50') from the corner point. The third side of the triangle is the straight line connecting the two (2) fifty foot (50') sides. Within the area comprising the triangle, no fence, shrub, or other physical obstruction higher than thirty-six inches (36") above the established street grade shall be permitted.

D. Electric Fences. Electric fences shall be prohibited in all zones.

E. Fence Maintenance. It shall be the responsibility of the owner and/or occupant of the property where a fence is erected to maintain the structure in good repair at all times. When a portion of the fence exceeding twenty-five percent (25%) of the street frontage is found to be in a deteriorated condition or in need of repair, including, but not limited to, broken or missing structural components, or the fence is substantially less than perpendicular to grade, the Building Official may order the fencing to be repaired, replaced, or removed depending on the condition of the fence. Such order shall be in writing. If the fencing is ordered to be replaced, then new fencing shall meet the current regulations.

F. Right-of-Way and Public Easements. No fence shall be constructed within the right-of-way. The fence shall be constructed to avoid placement over public utilities and municipal improvements. The City and the public utility companies may remove a fence located within a public easement for installation, repair, or replacement of municipal improvements and public utilities without being required to reconstruct the fence, wall, or hedge. However, the owner may have the fence reconstructed as part of the project; provided, that the owner pays for all reconstruction costs. (Ord. 3051, 9/24/24)

A. Shall be located inside a dumpster.

B. Shall not be located in any required street setback area.

C. Shall be located behind buildings when feasible.

D. Shall be placed inside a one hundred percent (100%) sight-obscuring containment area (excluding alleys), when visible from abutting properties, consisting of slatted fencing and/or landscaping.

E. Shall be placed inside a one hundred percent (100%) sight-obscuring containment area (excluding alleys), when visible from a public street, finished with materials similar to the exterior material of the primary structure. (Ord. 3051, 9/24/24)

B. The use, structure, or lot does not comply with the development standards or other requirements of the MLUDC.

A change in the required permit review process shall not create a nonconformance. (Ord. 3051, 9/24/24)

A. Benign Nonconformity. A nonconformity that does not have a negative impact on the health and safety of the public but may have an impact on public welfare. Examples may include not enough landscaping, too few parking spaces, or minimal deviation from dimensional standards.

B. Detrimental Nonconformity. A nonconformity that has a negative impact on the health and safety of the public. Examples include uses involving hazardous materials, such as gasoline, in single-family neighborhoods, uses that produce significant noise, such as body shops or paint shops, uses that have been deemed incompatible, such as adult entertainment establishments near schools, or uses that have large trip generation characteristics such as drive-through restaurants.

A. Expansion of Nonconforming Uses. No existing building, structure, or land devoted to a nonconforming use shall be expanded, enlarged, extended, reconstructed, intensified, or structurally altered unless the use thereof is changed to a use permitted in the district in which such building, structure, or land is located except as follows: (1) reconstruction of a building or structure devoted to a benign nonconforming use when damaged by fire or other natural disasters may be constructed within the same footprint and height of the structure prior to the damage; and (2) a benign nonconforming use may be expanded, enlarged, extended, or structurally altered as long as the intensity of the benign nonconformity is the same or smaller and the use is authorized by conditional use permit.

B. Change of Nonconforming Use. When authorized by the Director, a benign nonconforming use may be changed to a similar use that does not increase the intensity of impacts on surrounding conforming uses. For example, a change from a benign nonresidential use in a residential zone to another benign use shall be acceptable.

C. Discontinuance of Nonconforming Use. When a detrimental nonconforming use of land or a nonconforming use of all or part of a structure is discontinued or abandoned for a period of twelve (12) months, such use shall not be resumed, notwithstanding any reserved intent not to abandon such use. Normal seasonal cessation of use, or temporary discontinuance for purposes of maintenance or improvements, shall not be included in determination of the twelve (12) month period of discontinuance. Evidence that such use has been actively available and marketed for sale or lease shall be considered by the director in determining if a nonconforming use has been discontinued. The Applicant may request an additional twelve (12) months after the expiration of the above text from the Director.

D. Reversion to Nonconforming Use. If a nonconforming use is changed to a permitted use, the nonconforming use shall not be resumed.

E. Residential Exception to Nonconforming Use Status. Legally established residential uses located in any zoning district shall not be deemed nonconforming in terms of use and density provisions and shall be a legal use. (Ord. 3051, 9/24/24)

A. Residential zones. In any residential zone, and in nonresidential zones where single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected or modified on any nonconforming lot of record, even though such lot fails to meet lot area and width requirements of the zone in which such lot is located; provided, that:

B. Other Districts. In any other district, permitted building and structures may be constructed on a nonconforming parcel or legal lot of record, provided applicable development standards such as setbacks, landscaping, and off-street parking requirements are met. (Ord. 3051, 9/24/24)

A. Minimum standards in order to promote traffic safety;

B. Recognition of free speech rights by regulating signs in a content-neutral manner;

C. The free flow of traffic and to protect pedestrians and motorists from injury and property damage caused by, or attributable to, cluttered, distracting, or illegible signs;

D. Provide consistent and compatible sign design standards; and

E. Adopt understandable regulations which enable the fair and consistent enforcement of this Chapter.

A. Flags. Any flags, subject to the following standards:

B. Building Identification Numbers. Building identification numbers as required pursuant to the Moses Lake Municipal Code or any other City or state regulation.

C. Certain Informational Signs. Memorial signs or tablets, names of buildings, stained glass windows, and dates of erection when cut into the surface or the facade of the building or when projecting not more than two inches.

D. Governmental Signs. Signs installed by the City, County, or a federal or State governmental agency for the protection of the public health, safety, and general welfare, including, but not limited to, the following:

E. Utility Signs. Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities.

F. Certain Identification Wall Signs. Flush-mounted wall signs, used to identify the name and address of the occupant for each dwelling provided the sign does not exceed two square feet in sign area.

G. Nonvisible Signs. Signs not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public right-of-way. Any freestanding signs may a building permit for structural review.

H. Alterations to Sign Face or Copy. Changes to the face or copy of changeable copy signs, digital signs, electronic messaging signs, provided such changes do not change the material or appearance of the sign as originally permitted by the City.

I. Repair and Maintenance. The normal repair and maintenance, (painting, repainting, cleaning) of conforming or legal nonconforming signs that does not involve structural alteration of the sign or supporting structure.

J. Public Art and Design Features. Sculptures, fountains, mosaics, murals, public art and design features which do not otherwise constitute a sign.

K. Certain Informational Warning Signs. “No trespassing,” “no dumping,” “no parking,” “private” signs identifying essential public needs (i.e., restrooms, entrance, exit, telephone, etc.) and other informational warning signs, which shall not exceed three square feet in surface area.

L. Illuminated Wall Highlights. Illuminated wall highlights that do not contain words, logos, or corporate images.

M. Interior Signs. Signs or displays located entirely inside of a building and located at least three (3) feet away from transparent doors and windows.

N. Temporary Signs. Temporary signs on private property or public property meeting the requirements of MLUDC 15.735.120.

O. Vehicle Signs. Any sign on a vehicle, unless such vehicle is parked or stationed near an activity for the primary purpose of attracting public attention to such activity or unless such vehicle or mobile unit is regularly parked in any prominently visible location for the primary purpose of attracting public attention to the sign.

P. Temporary Window Signs. Any temporary sign taped or otherwise affixed to the inside of a window, in such a manner as to be easily removed; provided, that the total area of the sign in any one window does not exceed that as allowed in this Chapter for window signs and temporary signs. (Ord. 3051, 9/24/24)

A. Signs on any vehicle or trailer parked on public or private property and visible from a public right-of-way for the purpose of circumventing the provisions of this Chapter. This provision shall not prohibit signs painted on or magnetically attached to any vehicle operating in the normal course of business.

B. Signs purporting to be, imitating, or resembling an official traffic sign or signal by its color, design, location, or illumination which could cause confusion with any official sign, or which obstruct the visibility of any traffic, street sign, signal, or pedestrian by glare or method of illumination.

C. Signs attached to utility, streetlight, and traffic-control poles or facilities, signs attached to fences owned by the City, or signs placed on trees.

D. Billboards.

E. Flashing signs.

F. Swinging projecting signs.

G. Signs in a dilapidated (i.e., having peeling paint, major cracks or holes, and/or loose or dangling materials) or hazardous condition.

H. Abandoned signs.

I. Signs on doors, windows or fire escapes that restrict free ingress or egress.

J. Roof signs.

K. Any other sign not meeting the provisions of this Chapter. (Ord. 3051, 9/24/24)

A. Two (2) copies of a scaled drawing of the site plan which shows the site boundary, sidewalk and curb, driveways, buildings, other relevant site development or site limitations, and the location of the proposed building or freestanding sign or signs. The location of freestanding signs should be shown as dimension lines from nearest lot or parcel boundaries.

B. Two (2) copies of scaled plans and elevations of the sign work, including sign and sign structure dimensions, sign height, structural detail, description, drawing, or picture of the sign copy, footing details, method of sign attachment to sign structure, building, or architectural appendage, illumination, specifications, and calculations for wind loads.

C. An inventory of each and every existing sign on the site, including a description of the sign copy, type of sign, and sign dimensions.

D. The Director may waive the submission of plans, specifications, and calculations when the structural aspect is of minor importance.

E. A completed application with an inventory of each and every sign that will be erected, altered, or relocated, and the type of sign. (Ord. 3051, 9/24/24)

A. Construction shall satisfy the requirements of the building code and permanent signs must be manufactured of durable materials that withstand the effects of water and wind, as well as meet the following requirements:

B. Except for exempt, portable, and temporary signs, all signs shall be permanently attached to a building or the ground.

C. Signs attached to a building shall not exceed the height of the building, except as provided in this Chapter.

D. All signs shall comply with the setback requirements set forth in this Chapter, except when the side or rear yard is a street frontage, then the front setback shall apply.

E. In addition to the sign illumination requirements of MLUDC 15.735.090, lighting directed on or internal to any sign shall be shaded, screened, or directed so that the light’s intensity or brightness shall not adversely affect neighboring property or motor vehicle safety.

F. In addition to the sign illumination requirements of MLUDC 15.735.090, any exterior lighting must be shielded and directed away from adjoining streets or residential uses.

G. All signs together with their supports, braces, and guys shall be maintained in a safe and secure manner.

H. The ratio of the area of the sign support, framing structure, or other decorative features which contain no written or advertising copy to the sign cabinet shall not be greater than 1:1.

I. No signs shall be placed in the clear view triangle of roadways, driveways, or curb cuts as established in the MLUDC 15.725.010(C).

J. The construction of temporary signs is limited to the materials described in the definition of “temporary sign” herein. In addition, a temporary sign must also conform to the requirements of this Chapter, including, but not limited to, MLUDC 15.735.120.

K. No signs shall be affixed, connected, taped, zip-tied, tied, or otherwise attached to any City property, including, but not limited to, utility poles, utility boxes, fences, or street signs. Such signs will be removed by the City.

L. No sign may be placed within the roadway portion of the City right-of-way except as otherwise permitted with a City right-of-way use or special event permit.

M. No sign shall be erected or maintained if it is visible from the main traveled way of the interstate or primary system except as permitted by Chapter 47.42 RCW, entitled Highway Advertising Control Act – Scenic Vistas Act, and the regulations set forth in Chapter 468-66 WAC. (Ord. 3051, 9/24/24)

A. General Illumination Standards.

B. Hours of Illumination. Any illuminated sign located on a lot adjacent to or across the street from any residential zone and that may be visible within 200 feet of any residential zone shall not be illuminated between the hours of 10:00 p.m. and 7:00 a.m. (Ord. 3051, 9/24/24)

A. Wall signs may be painted upon, attached flat to, or pinned away from the wall, but shall not project more than twelve inches from the wall.

B. The number of wall signs is not regulated; provided, that the total area of the wall sign(s) may not exceed the area of the wall to which attached.

C. Wall signs shall not extend above the height of the wall to which the wall sign is attached. (Ord. 3051, 9/24/24)

A. Prohibited Locations.

B. City Right-of-Way Locations. Temporary signs on the City right-of-way placed outside the roadway shall comply with the following requirements:

C. Residential Zones. Temporary signs may be placed on property residentially zoned in accordance with the requirements of this section and the following:

F. Nonresidential Zones. Temporary signs are allowed in nonresidential zones in accordance with the requirements of this section and the following:

A. Area. A carried sign shall not exceed eight square feet in area, and shall not exceed eight feet in height when held in place.

B. Zone. Carried signs are permitted only in nonresidential zones.

C. Design. A carried sign shall not be illuminated. Carried signs and persons carrying signs shall be limited to the hours from dawn until dusk. A carried sign cannot include any element of a prohibited sign, as described in MLUDC 15.735.040.

D. Locations Allowed. Carried signs must stay at least fifteen feet away from an unsignalized street or driveway intersection, measured from the edge of the curb abutting the roadway or edge of the pavement if no curb exists. Carried signs must remain on the sidewalks adjacent to signalized intersections. In no event may a carried sign, or the person carrying the sign, impede or interfere with pedestrian or vehicular traffic.

E. Locations Not Allowed. Carried signs shall not be located in any of the following places:

A. On-Premises Directional Signs. On-premises directional signs readable from the public right-of-way may be permitted in accordance with Tables 15.735.080-1 and 15.735.080-2. On-premises directional signs may contain both directions and the business name or logo, provided the business name or logo shall not exceed fifty percent of the sign area. All on-premises directional signs shall meet the general provisions of this section, and shall not exceed ten square feet per sign face.

B. Off-Premises Directional Signs. Off-premises directional signs readable from the public right-of-way may be permitted in accordance with Table 15.735.080-1; provided, that:

A. Maximum Size. The maximum size of a digital sign is fifty percent of the total area of the sign permitted by Table 15.735.080-1, and no greater than fifty square feet.

B. Density. There may be one digital sign per one hundred feet of street frontage.

C. Zoning. Digital signs are allowed only in nonresidential zones.

D. Motion. Digital signs may have no motions other than the change of the message.

F. Hold Duration. The minimum hold between messages is eight seconds.

G. Illumination. All digital signs must meet the illumination standards set forth in MLUDC 15.735.090. (Ord. 3051, 9/24/24)

A. Application. The following provisions shall apply to multiple-building complexes and multiple-tenant buildings in the Commercial and Mixed Use Zones. Tenants in such buildings or complexes may also have their own signs in accordance with the provisions of this Chapter.

B. Number of Freestanding Signs. Each multiple-building complex shall be allowed one freestanding sign on each street frontage in accordance with Table 15.735.080-1. When the street frontage is longer than four hundred feet:

If option 1, as set forth in subsection (B)(1) of this section, is selected, no freestanding sign shall be placed closer than two hundred (200) feet to any other freestanding sign or exceed the standards in Table 15.735.080-1. These provisions shall also apply to each multiple-tenant building, unless it is a part of a multiple-building complex. The allowable freestanding sign(s) may be used to advertise one or more of the uses in the multiple-building complex or multiple-tenant building.

A. Location. A freeway sign may be used to substitute an allowable freestanding sign where there is more than one street frontage, when the use is within two hundred fifty feet of the freeway right-of-way.

B. Number of Freeway Signs. Only one freeway sign is permitted on each parcel, multiple-building complex or for each development, whichever is more restrictive.

C. Uses with Only One Frontage. Uses within the area described in subsection (B) of this section with only one street frontage may install a freeway sign in addition to the permitted freestanding sign.

D. Sign Height. The maximum height for freeway signs is shown in Table 15.735.080-1. (Ord. 3051, 9/24/24)

A. Zone. Portable signs are allowed only in nonresidential zones.

B. Design and Materials. Portable signs must be designed with durable materials, otherwise they will be regulated as temporary signs under MLUDC 15.735.120. Portable signs must be designed to withstand wind and include a heavy weighted base for pole-mounted signs, and a heavy weight suspended between the opposing faces of a sandwich board sign. Portable signs cannot be illuminated.

C. Size and Height. Portable signs shall be a maximum of four feet in height and maximum of three feet in width. When measuring the height, measurement shall be from the ground to the top of the sign, and shall include any support structure, such as a trailer. When measuring the width, measurement shall include the full width of the sign and any support structures.

D. Number. Not more than two portable signs may be displayed per business, per tenant space. The total square feet of the portable signs per business or tenant space shall not exceed twenty-four feet in the event two signs are displayed.

E. Location. Portable signs must be located no further than ten feet from the primary building of the business, or located not farther than ten feet from the site’s driveway entrance. No portable sign may be located on the City right-of-way, which includes the sidewalk, without a right-of-way use permit or other permit allowing such use issued by the City. No portable sign may be located in a clear view triangle or obstruct pedestrian or vehicular traffic. See MLUDC 15.725.010(C).

F. Display Hours. Portable signs may be displayed during business or operating hours only. (Ord. 3051, 9/24/24)

A. No sign shall be changed in any manner that increases its noncompliance with the provisions of the MLUDC.

B. If the sign is structurally altered or moved, its legal nonconforming status shall be voided, and the sign will be required to conform to the provisions of this Chapter. Nothing in this section shall be construed to restrict normal structural repair and maintenance.

C. The sign is not a hazardous or abandoned sign.

D. The sign is not a portable sign, temporary sign, or an illegal sign. (Ord. 3051, 9/24/24)

B. The City’s Building Official shall administer and enforce this Chapter. (Ord. 3051, 9/24/24)

A. Traffic control signals and devices.

B. Public street lights; provided, however, public street lights must conform to the most current version of the City’s Public Works Standards.

C. Temporary emergency lighting (i.e. fire, police, medical personnel, repair workers) or warning lights.

D. Moving vehicle lights.

E. Navigation lights (e.g. on radio/television towers, microwave towers) or any other lights where state or federal statute or other provision of the MLUDC requires lighting that cannot comply with this Chapter. In such situations, lighting shall be shielded to the maximum extent possible, and lumens shall be minimized to the maximum extent possible, while still complying with state or federal statute.

F. Seasonal decorations.

G. Outdoor lighting approved by the building official for temporary or periodic events (e.g. fairs, nighttime construction).

H. Outdoor lighting fixtures installed prior to the effective date of the ordinance codified in this Chapter.

I. Fossil fuel lights. (Ord. 3051, 9/24/24)

A. Shielding. Outdoor lighting fixtures and accent lighting with 2,000 lumens or more must be shielded and aimed downward. The shield must mask the direct horizontal surface of the light source. The light must be aimed to ensure that the illumination is only pointing downward onto the ground surface, with no escaping direct light permitted to contribute to light pollution by shining upward into the sky.

B. Limitation on Light Trespass. All outdoor lighting fixtures and accent lighting shall be designed, installed, located and maintained in such a manner that limits light trespass.

C. Accent Lighting. Accent lighting shall be directed downward onto the illuminated object or area and not toward the sky or onto adjacent properties. Direct light emissions of such accent lighting shall not be visible above the roof line or beyond the building, structure, or object edge.

D. Special Object Lighting. Bridge, flag, fountain, statue, monument, similar public artwork, feature lighting and private street lighting are permitted provided such lighting does not cause the spilling of direct light to other properties or traveled public ways.

E. Sports Field Lighting. Lighting shall be fully shielded with an allowance of five percent uplighting. Sports field lighting shall be exempt from the light trespass provisions of this Chapter; provided, however, such light shall be extinguished when not in use and fixtures shall be aimed to control light trespass to the extent possible for the mounting height and required shielding.

F. Lighting within the Industrial Districts. Fixtures shall be aimed to control light trespass to the extent possible for the mounting height and required shielding. Mounted lighting height shall not exceed 50 feet.

G. New Nonresidential and Multifamily Lighting Standards. An exterior lighting plan providing appropriate lighting levels in all areas used by pedestrians or automobiles, including building entries, walkways, parking areas, circulation areas, and other open space areas shall be submitted and meet the following standards and guidelines:

A. Submission Contents. The Applicant for any building permit or subdivision approval involving outdoor lighting fixtures shall submit with the application evidence that the proposed work will comply with this Chapter. The submission shall contain but shall not necessarily be limited to the following:

B. Additional Submission. The above required plans, descriptions, and data shall be sufficiently complete to enable the Building Official to readily determine whether compliance with the requirements of this Chapter will be secured. If such plans, descriptions, and data cannot enable this ready determination, the Applicant shall additionally submit such certified reports of tests as will do so; provided, that these tests shall have been performed and certified by a recognized testing laboratory.

C. Subdivisions. If any subdivision proposes to have installed street or other common or public area outdoor lighting, submission of the information as described in subsection (A) of this section shall be required for all such lighting, and the lighting shall comply with the most current version of the City’s Public Works Standards.

D. Lamp or Fixture Substitution. A change request must be submitted to the Building Official for approval prior to substitution of any approved outdoor light fixture or type of light source. (Ord. 3051, 9/24/24)