ORDINANCE #455
JANUARY 28, 2014
AN ORDINANCE OF THE CITY OF MILLWOOD, SPOKANE COUNTY,
WASHINGTON, AMENDING PORTIONS OF CHAPTER 17.18 OF THE
MILLWOOD MUNICIPAL CODE RELATING TO THE C-2 LOW INTENSITY
COMMERCIAL/MIXED USE ZONE; PROVIDING FOR CONDITIONAL USES
IN THE C-2 ZONE; REVISING THE LIST OF PROHBITED USES IN THE C-2
ZONE, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING
THERETO.
WHEREAS, the City of Millwood accepts proposed amendments to its Comprehensive
Plan and development regulations once each year for consideration by the Millwood
Planning Commission at its regular January meeting, and
WHEREAS, for the 2014 annual amendment cycle the City of Millwood Planning
Department submitted a proposal to review the regulations in Chapter 17.18 of the
Millwood Municipal Code regarding conditional uses in the C-2 Low Intensity
Commercial/Mixed Use zone; and
WHEREAS, the Planning Commission conducted a public hearing on this matter
following proper public notice, and adopted a written recommendation to city council
which includes its findings and recommendations; and
WHEREAS, all requirements of the State Environmental Policy Act RCW 32.21C have
been met;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MILLWOOD DO
ORDAIN AS FOLLOWS:
Section 1. Section 17.18.010 Purpose of the Millwood Municipal Code is hereby
amended to read as follows:
17.18.010 - Purpose. The purpose of the C-2 low-intensity commercial/mixed use
zone is to provide housing opportunities and retail and professional services to a limited
trade area. The zone should be developed on pedestrian scale to accommodate
neighborhood and local community shopping needs, to provide variety in housing and to
create recreation opportunities without negatively impacting adjoining neighborhoods. C2 zones shall be grouped along arterials and within one-quarter mile of a public transit
route, and should be designed to accommodate pedestrians. The zone should create an
urban neighborhood and, in addition, serve several neighborhoods within walking
distance or within a few miles allowing for short driving distances from home to the
zone. The zone should serve as a buffer between residential zones and arterial roads
thereby providing an appropriate land use transition.
1
In 1928, Millwood became the first incorporated Town in the Spokane Valley. The mill,
the historic homes west of the mill and the downtown area that was to become the C-2
zone, were already in existence. The city has developed a unique character and ambience
based on the community's residential and commercial structures, combined with the
natural setting along the Spokane River. Millwood has an overall character and
environment which is cherished by its residents and instantly recognized by visitors.
These guidelines contain a clear statement of community expectations to assist property
and business owners. These guidelines are intended to establish a balance that preserves
and enhances the city's livability and sense of place while supporting the economic
vitality that provides the resources for community services and makes Millwood a
complete community.
Section 2.
Section 17.18.040 Permitted uses of the Millwood Municipal Code is
hereby amended to read as follows:
17.18.040 - Permitted uses.
A. All approvals under the provisions of this C-2 zone may include conditions
appropriate to ensure to the maximum extent possible that the use or structure approved
does not create an impediment to the eventual development of the property to achieve the
purpose and objectives of this zone.
B. On any property of whatever size: the following uses are permitted:
1. Bank or credit union
2. Bed and breakfast
3. Exercise or spa facilities
4. Day care facilities
5. Educational services
6. Barber shops, hair salons, nail salons and tanning salons
7. Theaters and auditoriums
8. Taverns
9. Places of worship
10. Museums, libraries and other public buildings
11. Fraternal organizations, youth centers
12. Restaurants and cafes, excluding drive-through windows
13. Art, music and dance studios
14. Business and professional offices
15. Printing and copying services
16. Retail sales
17. Health services, medical clinics, dental offices, chiropractic offices,
optometric offices and opticians
18. Veterinary services
19. Shared parking lots
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20. Any other use not listed above and not expressly prohibited below may be
allowed by conditional use permit issued by the city council in accordance with
standards regulating the issuance of conditional use permits as specified in this
code.
C. Residential uses are permitted, provided:
1. They are combined in the same development and structure with any of the
permitted uses;
2. Residential floor area is permitted on the ground floor, provided that it
represents less than fifty (50) percent of the ground floor area, and non-residential
uses front on the public right-of-way.
D. Outdoor Business Activities. Outdoor business activities on the public right-of-way,
may be permitted with a right-of-way permit.
E. Conversion of Residential Structures. An existing single-family residential structure
may be converted to a commercial or office use if:
1. The structure is brought into conformance with the building code for such use;
and
2. The development standards required in Sections 17.18.060 through 17.18.160
can be met with the exception of setbacks of existing buildings.
F. Class(es) I-A, I-B, and I-C Group-Care Homes. Class(es) I-A, I-B, and I-C group-care
home structures may be allowed in the C-2 zone by conditional use permit.
G. Temporary Use Permits. The director has the authority to approve temporary use
permits in the C-2 zone for the following uses:
1. Craft, produce, Christmas tree sales and farmers markets, provided:
a. A temporary use application is submitted and approved;
b. Restroom facilities are provided on-site or provided for by a written
restroom facility agreement with an adjoining commercial business. The
adjoining commercial business must be lawfully in existence, including having
a lawfully issued certificate of occupancy;
c. The temporary use will be restricted to the same hours and days of operation
as those of the adjoining business;
d. The director may require a traffic and parking plan;
e. The director may include any conditions for the temporary use permit
deemed necessary in order to reasonably mitigate any adverse impacts
anticipated from the permit.
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H. Accessory Uses: The following uses are specifically allowed in the C-2 zone as
temporary uses:
1. Electrical outlets capable of charging electric vehicles.
2. Level 1 and Level 2 electric vehicle charging stations.
Section 3. Section 17.18.050 Prohibited uses of the Millwood Municipal Code is
hereby amended to read as follows:
17.18.050 - Prohibited uses. On any property of whatever size the following uses are
not permitted:
A. Storage or storage facilities except those which are incidental to the approved use of
the property;
B. Uses which produce odor, dust, smoke, gas, vehicular traffic or noise to the point of
being a public nuisance;
C. Cemeteries or crematoriums;
D. Slaughterhouses or any other slaughtering of animals or fowl, stock yards, fat
rendering, soap manufacture, glue manufacture, tannery, wool scouring and cleaning,
cotton textile sizing, scouring, bleaching, dyeing and similar uses: paint and varnish
manufacture, creosote and creosote products manufacture;
E. Stockyards;
F. Manufacturing or industrial Industrial uses including light industrial;
G. Telecommunications antennae except stealth antennas as defined in Chapter 17.34 of
this title;
H. Drive up windows;
I. Kennels;
J. Automobile leasing, sales, service or repair, except for EV charging stations in
accordance with Section 17.18.040 (Reserved);
K. Fuel dispensing stations, except for EV charging stations as mentioned in accordance
with Section 17.18.040;
L. Adult entertainment facilities;
M. Manufactured housing;
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N. Commercial Parking lots or structures;
O. Wholesale uses not accessory to a permitted use;
P. Warehouses for any purpose;
Q. Marijuana processors, marijuana producers or marijuana retailers, and
R. All uses listed as prohibited in C-1 commercial zone. The production of corrosive and
noxious chemicals including, but not limited to, acids, acetylene gas, ammonia, chlorine,
bleaching compound;
S. The production and processing of coal and coal tar, the processing of petroleum and
petroleum products, and above ground storage of petroleum products, petroleum refining;
T. Mining and the extraction, preparation and processing of dust-producing mineral
products including, but not limited to, abrasives, cement, lime, fertilizer, plaster, crushed
stone, mining of sand, gravel, top soil;
U. The smelting and reduction of metallic ores, including, but not limited to, blast
furnaces, open hearth and electric furnaces: Bessemer converters, nonferrous metal
smelters;
V. The manufacture and storage of explosive products, including, but not limited to,
dynamite and commercial explosives, T.N.T. and military explosives, fireworks;
W. Auto wrecking yards, the storage of junk, and the storage of parts associated with auto
salvage and fuel yards;
X. Battery rebuilding and manufacturing;
Y. The keeping, maintaining, and raising of exotic animals as defined by the Spokane
County animal control regulations, as may be amended, with the addition of nonhuman
primates.
Section 4
Repeal. All ordinances, resolutions, laws, and regulations, or parts thereof
in conflict with this ordinance are, to the extent of said conflict, hereby repealed.
Section 5.
Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconditionally shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
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Section 6. Effective Date. This ordinance shall be in full force and effect from and
after its adoption and five (5) days after its publication or a publication of a summary of
this ordinance in the official newspaper of the City.
PASSED BY THE COUNCIL OF THE CITY OF MILLWOOD THIS __th DAY OF
_____________, 2014.
____________________________
DANIEL N. MORK, MAYOR
Attest:
_________________________
Thomas Richardson, City Clerk
STATE OF WASHINGTON )
)ss:
County of Spokane
)
Thomas Richardson, being first duly sworn on oath deposes and says:
I am the City Clerk of the City of Millwood, Washington, and the forgoing ordinance
entitled “AN ORDINANCE OF THE CITY OF MILLWOOD, SPOKANE COUNTY,
WASHINGTON, AMENDING PORTIONS OF CHAPTER 17.18 OF THE
MILLWOOD MUNICIPAL CODE RELATING TO THE C-2 LOW INTENSITY
COMMERCIAL/MIXED USE ZONE; PROVIDING FOR CONDITIONAL USES IN
THE C-2 ZONE; REVISING THE LIST OF PROHIBITED USES IN THE C-2 ZONE,
AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO” is
the true and correct copy of the City of Millwood’s Ordinance numbered 455 and that the
same was posted and published according to law.
____________________________________
Thomas Richardson
SUBSCRIBED AND SWORN TO BEFORE ME THIS ___ DAY OF _________, 2014.
____________________________________
____________________________________
Notary Public in and for the
State of Washington, residing at Spokane.
My Commission expires _______________
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