2022/08/31 Council Agenda Packet

EXHIBIT B - EMC 19.05.068 TEMPORARY USES 19.05.068 Temporary uses. A. User Guide. This section establishes a mechanism whereby the city may, on a short-term basis, permit a use to be conducted that would not otherwise be allowed in the zone in which it is located. This section is intended to permit certain inherently temporary uses, such as community festivals and fresh vegetable stands, that would not be allowed in the zone in which they are proposed, but which, if limited in time and strictly controlled, may be in the best interest of the Everett community. B. Process for Deciding Upon a Proposed Temporary Use. The city will use the review process as described in Chapter 15.02 EMC, Local Project Review Procedures, to review and decide upon an application for a temporary use permit. C. Application information. The applicant shall provide the following information to the planning department: 1. A completed application on the form provided by the planning department, along with all information requested in that form; 2. An irrevocable, signed and notarized statement granting the city permission to summarily abate the temporary use and all physical evidence of that use if it is not removed by the applicant within the period specified as part of the permit, and agreeing to reimburse the city for any expenses incurred by the city in abating the temporary use; and 3. Written permission from the owner of the property upon which the temporary use is proposed to be located authorizing the proponent to use the subject property for the stated purposes and time period. 0. Criteria for Granting a Temporary Use Permit. The city may grant a temporary use permit only if it finds that: 1. The proposed temporary use will not be materially detrimental to the public welfare, or injurious to the property or improvements in the immediate vicinity; and 2. The proposed temporary use is compatible in terms of location, access, traffic, noise, nuisance, dust control and hours of operation with existing land uses in the immediate vicinity; and 3. The proposed temporary use is not otherwise allowable in the zone in which it is proposed. E. Dimensional Requirements and Development and Performance Standards. The city shall establish dimensional requirements and development and performance standards as part of the approval of each temporary use permit. The city will use the nature of the proposed use and character of the surrounding area as guides in establishing these requirements and standards. F. Frequency and Duration of Temporary Use. The city may not grant a temporary use permit to the same user for the same use more frequently than once in every three -hundred -sixty -five-day period. The city may only grant a temporary use permit for a specified period of time, not to exceed sixty days except as otherwise provided in this section. The temporary use permit shall specify a date by which the use shall be terminated. G. Removal of a Temporary Use. The city shall designate, as part of the temporary use permit, a period following the expiration of the permit within which the temporary use must be terminated and all physical evidence of the use must be removed by the applicant. If the temporary use and all physical evidence of the use are not removed within the time specified, it will constitute a violation of this title. Further, the city is authorized to abate the temporary use in accordance with subsection (C)(2) of this section. H. Exception to Permit Requirement. 1. Garage Sales. Garage sales shall be limited to two events per year with a maximum duration not to exceed four days per event. NOM 1112 YEFEIT Planning Commission Resolution 22-02 Homeless Shelters and Housing Code Amendments Exhibit B: EMC 19.05.068 Temporary Uses Page 1 of 2