Chapter 17.02


17.02.010    Purpose.

17.02.020    Residential zones established.

17.02.030    Commercial zones established.

17.02.040    Business and industrial zones established.

17.02.050    Compliance required.

17.02.060    Areas designated.

17.02.070    Zone district boundaries.

17.02.080    Interpretation of boundaries.

17.02.090    Limitations.

Legislative history: Ords. 95-349 and 97-406.

17.02.010 Purpose.

The purpose of this chapter includes, but is not limited to, the following:

A. To implement the comprehensive plan, including subarea plans, for the physical development of the city by regulating and providing for existing and planned uses as specified in the comprehensive plan.

B. To protect the character and the social and economic stability of residential, commercial, industrial and other land uses to allow appropriate uses of such land, to preserve property values, and to ensure the orderly and beneficial development of land and its uses by:

1. Reserving and retaining appropriate areas for each type of use;

2. Preventing encroachment into these areas by incompatible uses; and

3. Regulating the use of individual parcels of land to prevent unreasonable detrimental effects on nearby uses.

C. To preserve and enhance the aesthetic and natural features of the city by:

1. Establishing high standards of environmental protection;

2. Providing for design and environmental review of proposed actions and projects;

3. Providing open space and recreation assets consistent with the comprehensive plan; and

4. Preserving wooded areas, wherever possible, to ensure adequate habitat for fish and wildlife. (Ord. 2005-609 § 2)

17.02.020 Residential zones established.

The following residential zones are established to provide a variety of housing types, efficient utility service, minimize traffic congestion, preserve and protect historic structures, accommodate differing land forms, natural features and habitat, and implement the policies and intent of the comprehensive plan and amendments thereto. The residential zones are:

A. PRD 7200: Planned Residential Development.

B. LDR: Low Density Residential.

C. MDR: Medium Density Residential.

D. HDR: High Density Residential.

E. MU/HDR: Mixed-Use/High Density Residential. (Ord. 2005-609 § 2)

17.02.030 Commercial zones established.

Commercial zones are established to provide for the sale of consumer goods and services appropriate to the area and scale of the community they serve and to ensure the compatibility with nearby land uses. Limited residential may be permitted in some commercial zones. The commercial zones are:

A. CB: Community Business.

B. NB: Neighborhood Business.

C. PCB: Planned Community Business.

D. EGPUV: East Gateway Planned Urban Village. (Ord. 2010-717 §  2 (Exh. B); Ord. 2005-609 § 2)

17.02.040 Business and industrial zones established.

Business and industrial zones are established to provide suitable areas for transit- and pedestrian-oriented office development, manufacturing, product assembly, wholesaling, outdoor storage and other similar intensive uses in locations where these activities can be made compatible with nearby land use. The business and industrial park zones are:

A. BP: Business and Industrial Park.

B. OP: Office Park. (Ord. 2005-609 § 2)

17.02.050 Compliance required.

A. All uses and structures shall conform to the special requirements of the zone district within which they are located, the other requirements of this title, and the comprehensive plan.

B. In the event that uses not specifically mentioned in this title due to advancing technology or any other reason arise, the following shall apply:

1. The director of community development may permit such use to be established following the applicant’s showing that the use conforms to the designated uses of the district where it is to be located, and that it is consistent with the purposes of the zone district and the comprehensive plan.

2. The director may only classify such use as a secondary or conditional use and shall prepare a written determination of all such classifications. Notice of the determination shall be provided to adjacent property owners and shall be subject to the provisions of MCMC 14.07.020.

C. Where more than one part of this title applies to the same proposed use or development or elements thereof, all applicable provisions shall apply. In the case of an explicit conflict, the more restrictive requirement shall apply.

D. All land uses and development authorized by this title shall comply with all other regulations and/or requirements of this title and any other local, state or federal agency that has jurisdiction over land uses and development. Where a difference exists between this title and other public regulations, the more restrictive requirements shall apply. (Ord. 2005-609 § 2)

17.02.060 Areas designated.

All land within the city of Mill Creek shall be included in a zone district. (Ord. 2005-609 § 2)

17.02.070 Zone district boundaries.

The location of the various zone districts are shown on the official zoning map of the city of Mill Creek, which is part of this title. (Ord. 2005-609 § 2)

17.02.080 Interpretation of boundaries.

Zone district boundaries indicated on the zoning map shall be interpreted as follows:

A. Where boundaries are indicated along streets, the boundaries shall be the centerline of the street.

B. Where boundaries are indicated along established lot lines, the boundary shall be the lot line.

C. Where boundaries are indicated as following lines of ordinary high water, or government meander line, said lines shall be considered to be the boundary line. If these lines should change, the zone district boundaries shall be considered to move with them.

D. Upon vacation of a street, the zone district boundaries of abutting properties shall be extended to the dividing line of the vacated street unless by law the property boundaries do not follow the centerline, in which case the zone district boundaries shall be extended to the new property boundary.

E. All lands annexed to the city shall be pre-zoned pursuant to RCW 35A.14.330 to be consistent with the land use map of the comprehensive plan.

F. In other cases where a zone boundary is not indicated to follow a property line or public right-of-way, the boundary line is as drawn, based upon the scale shown on the zoning map. (Ord. 2005-609 § 2)

17.02.090 Limitations.

It is the intent of this title to place the obligation of complying with its requirements upon the permit applicants, owners and occupiers of the land and/or buildings within its jurisdiction. No provision of or term used in this title is intended to impose any duty upon the city or any of its officers or employees, nor to create a special relationship with any third person. Nothing contained in this title is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, employees or agents for any injury or damage resulting from a failure to comply with provisions of this title, or by reason of or in consequence of any permission, denial or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this title or by reason of any action or inaction on the part of the city related in any manner to the implementation or enforcement of this title by the city, its officers, employees or agents. (Ord. 2005-609 § 2)