Mill Creek City Zoning Code
CHAPTER 17
28 CONDITIONAL USES
(Legislative history: Ord. 97-406)
§ 17.28.010 Purpose.
A.
The purpose of this chapter is to establish a procedure to allow certain uses in the community which, because of their potential impacts, unusual size, infrequent occurrence, possible safety hazards, or detrimental effects on surrounding properties, may be suitable only under specified conditions, in specific locations, or in certain zoning districts. The intent of this section is to establish procedures and review criteria by which decisions granting or denying conditional uses may be made.
B.
This chapter shall apply to all uses in MCMC Title 17 designated as conditional uses.
(Ord. 2001-523 § 3; Ord. 2005-609 § 2)
§ 17.28.020 Requirements for complete application.
A.
Applications for a conditional use permit shall be filed with the director on forms prescribed by the city. The owner of the land for which the permit is sought, or the owner’s authorized agent, shall sign the application attesting to the accuracy of the material set forth therein. All applications shall be accompanied by applicable fees as established in MCMC § 17.42.010. Each application shall contain the following:
1.
The signature of the applicant or agent;
2.
The signature of each landowner if other than applicant or agent;
3.
A statement identifying the nature and operation of the conditional use and the section of the code under which the conditional use is sought;
4.
A vicinity sketch showing the relationship of the proposed use to existing streets, structures and surrounding land uses, and the location of any nearby bodies of water, wetlands, critical areas or other significant natural or manmade features;
5.
A plan of the proposed use showing proposed streets, structures, land uses, open spaces, parking areas, fencing, pedestrian paths and trails, buffers, and landscaping, along with text identifying the proposed use(s) of each structure or area included on the plan; and
6.
Such additional information as deemed necessary by the director for proper review of the application, and which is sufficient to enable the director to make a fully informed decision pursuant to the requirements of this chapter.
B.
If a conditional use permit application is submitted in conjunction with another development permit, the most specific submittal requirements shall apply; provided, that all of the requirements in this section shall be minimum requirements.
(Ord. 2001-523 § 3; Ord. 2005-609 § 2; Ord. 2025-943 § 2 (Exh. B))
§ 17.28.030 Procedure for conditional uses other than adult businesses.
The following standards shall apply to applications for conditional uses that do not involve adult businesses:
A.
Application. Upon receipt of a complete application for a conditional use permit, the application shall be processed pursuant to MCMC Title 14.
B.
Review. The director shall review the application for conformance with MCMC § 17.28.060; provided, that the director may waive one or more of those standards if the proposed use is determined to be a public necessity.
C.
Decision. A permit may be granted, granted with any conditions deemed necessary by the director to meet the terms of this chapter and this code, or denied. If no reasonable condition(s) can be imposed to ensure that the proposed use meets the terms of this chapter and this code, then the application shall be denied. Each decision granting or denying a conditional use permit shall be supported by written findings of fact specifically addressing the applicable criteria.
D.
Conditions. Conditions imposed under this chapter shall constitute permanent regulations on the exercise of the approved use.
E.
Timing of Actions. A final decision regarding a conditional use application shall be made as provided in MCMC Title 14. Appeals of such decisions shall be as provided in MCMC Title 14.
(Ord. 2001-523 § 3; Ord. 2005-609 § 2; Ord. 2019-850 § 3)
§ 17.28.040 Procedure for adult business uses.
The following standards shall apply to applications for conditional uses involving any adult business, whether comprising a part or the whole of the proposed use:
A.
Application. Upon receipt of a complete application for a conditional use permit, the application shall be processed administratively pursuant to MCMC Title 14.
B.
Review. The director shall review the application for conformance with the basic review criteria (MCMC § 17.28.060) and additionally shall determine whether the proposed use is consistent with MCMC § 17.28.070.
C.
Decision. A permit may be granted, granted with conditions pursuant to this chapter and this code, or denied. Any condition reasonably required to enable the proposed use to meet the standards of this chapter and this code may be imposed. If no reasonable condition(s) can be imposed to ensure the proposed use meets such requirements, the application shall be denied. Each decision granting or denying a conditional use permit shall be supported by written findings of fact specifically addressing the applicable criteria.
D.
Conditions. Conditions imposed under this chapter shall constitute permanent regulations on the exercise of the approved use.
E.
Timing of Actions. A final decision regarding a conditional use for an adult business application shall be expedited and shall be made not later than 90 days from receipt of the completed application. Immediate appeals of such decisions shall be available as provided in MCMC § 17.28.130 and MCMC Title 14.
(Ord. 2001-523 § 3; Ord. 2005-609 § 2)
§ 17.28.050 Procedure for wireless facilities.
Repealed by Ord. 2019-850.
(Ord. 2005-609 § 2)
§ 17.28.060 Review criteria – Basic.
No application for a conditional use may be approved unless all of the following criteria are satisfied:
A.
The proposed use is harmonious and appropriate in design, character and appearance with the existing or intended character or quality of development in the immediate vicinity of the subject property and with the physical characteristics of the subject property.
B.
The proposed use will be served by adequate public facilities including roads, water, fire protection, sewage disposal facilities and storm drainage facilities.
C.
The proposed use will not be materially detrimental to uses or property in the immediate vicinity of the subject property, and will not materially disturb persons in the use and enjoyment of their property.
D.
The proposed use will not be materially detrimental to the public health, safety and welfare.
E.
The proposed use is in accord with the comprehensive plan.
F.
The proposed use complies with this chapter and all other provisions of this code.
(Ord. 2001-523 § 3; Ord. 2005-609 § 2)
§ 17.28.070 Review criteria for adult business uses.
A.
Legislative Findings. Adult business establishments have been repeatedly demonstrated to be associated with adverse secondary effects on the community. The city is taking reasonable efforts to minimize such adverse secondary effects by regulating adult business establishments through reasonable time, place and manner regulations. These regulations are contained in the city’s zoning code, licensing regulations, and the conditional use permit process set forth in this chapter.
B.
Purpose. The purpose and intent of the adult business zoning requirements are to:
1.
Consolidate the location of adult business establishments within the BP zone district to minimize the detrimental secondary effects that have been demonstrated to be associated with such uses;
2.
Facilitate more effective law enforcement and emergency equipment responses;
3.
Buffer such businesses from other properties in their vicinity; and
4.
Protect the general health, safety and welfare of the community.
C.
Review Criteria. Adult business establishments shall be permitted in the BP zone only, subject to the general requirements of the development code, the conditional use permit process of this chapter and the following site development and performance standards:
1.
Location Requirements. No adult business shall be permitted within 200 feet of any of the following sensitive uses:
a.
Any library;
b.
Any park, playground, swimming pool, or other public areas intended for passive recreational use or other areas where minors regularly travel or congregate;
c.
Any school and its grounds;
d.
Any licensed nursery school or day care center;
e.
Any church, or other religious facility of worship; or
f.
Any property zoned for residential use.
2.
Measurement of Distances for Location Requirements. The distance provided for in subsection (C)(1) of this section shall be measured by following a straight line, without regard to intervening buildings, streets or other features, from the nearest point of the property upon which the proposed use is to be located and the nearest point of the property on which the adjacent use requiring separation is located.
3.
Performance Standards. Every adult business establishment shall comply with the following:
a.
Hours of Operation. No adult business use, except adult motels, shall be conducted, operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m.
b.
No Exterior Depiction of Nudity. The facades, exteriors, signs and premises of an adult business shall not graphically depict in any manner the adult business conducted therein. Window or exterior displays of goods or services that depict or simulate specified anatomical areas, or adult stock in trade, or are intended for the use in connection with specified sexual activities, are prohibited.
c.
Adult Business Regulations. Licensing and other regulations are set forth in Chapter 5.26 MCMC.
(Ord. 2001-523 § 3; Ord. 2005-609 § 2)
§ 17.28.080 Review criteria for wireless communication facilities (WCF).
Repealed by Ord. 2019-850.
(Ord. 2005-609 § 2; Ord. 2006-648 § 1; Ord. 2011-723 § 2 (Exh. B))
§ 17.28.090 Transfer of permits – Recording.
Based upon the objective standards articulated in this chapter, the director shall determine on a permit-by-permit basis whether a conditional use permit will run with the land or will be personal to the applicant. If the conditional use permit is issued as a personal permit, the permit shall be nontransferable to other persons unless such other persons have satisfied the objective permitting criteria articulated by this chapter, have satisfied all licensing requirements required by this code, including but not limited to Chapter 5.26 MCMC, and have met all other applicable standards of this code. A conditional use permit, even if issued as a personal permit, shall apply only to the specific property on which the use is located and may not be transferred to any other property, unless an application for such use on such property is first made and approved in accordance with this chapter. Every permit approved for transfer together with conditions issued under this chapter shall be recorded in the office of the Snohomish County auditor at the applicant’s expense and a conformed copy thereof delivered to the city within 30 days of final approval.
(Ord. 2001-523 § 3; Ord. 2005-609 § 2)
§ 17.28.100 Expiration of permits.
A conditional use permit issued under this chapter must be substantially implemented within three years from the date of final approval or the permit shall expire. The holder of the permit may request one and only one extension of time before the expiration date of a permit. Such request shall be in writing, shall be filed with the director not less than 30 days before the expiration date of the permit, and shall contain a concise explanation of the reason for and requested duration of the extension. If a timely request is made, the director shall grant one extension of time of up to one year past the original expiration date.
(Ord. 2001-523 § 3; Ord. 2005-609 § 2; Ord. 2013-762 § 10)
§ 17.28.110 Recording.
Any conditional use permit approved by the city that is not associated with a binding site plan or a preliminary plat shall be recorded with the Snohomish County auditor within 30 calendar days of final approval. A copy of the final site plan and documents stamped with a recording number shall be sent to the city within 14 days of recording. The city shall not process any related permits until the city receives copies of the recorded documents.
(Ord. 2005-609 § 2)
§ 17.28.120 Resubmittal of permit applications.
An application for a conditional use permit that has been denied may not be resubmitted within six months of the date of the final denial.
(Ord. 2001-523 § 3; Ord. 2005-609 § 2)
§ 17.28.130 Appeals.
A.
Appeals of decisions under MCMC § 17.28.040 shall be processed by the city as quickly as feasible, with procedural requirements of MCMC Title 14 serving as maximum time limits.
B.
Appeals of decisions under MCMC § 17.28.030 shall be filed and processed pursuant to MCMC Title 14.
(Ord. 2001-523 § 3; Ord. 2005-609 § 2)
§ 17.28.140 Enforcement.
Every permit approved under the requirements of this chapter shall be enforced as provided in MCMC Title 14.
(Ord. 2005-609 § 2)
