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authorized to abate the temporary use in accordance with subsection 41.090C2 of this <br /> title. <br /> H. Exception to Permit Requirement. The following temporary uses, when located in <br /> commercial and industrial zones for not longer than the time periods specified below, are <br /> exempt from the permit requirements of this section: <br /> 1. Not to exceed forty-five days: <br /> a. Christmas tree lots, <br /> b. Fireworks stands; <br /> 2. Not to exceed ten consecutive days: <br /> a. Amusement rides, <br /> b. Carnivals and circuses, <br /> c. Parking lot sales which are ancillary to the indoor sale of the same goods and services. <br /> I. Prohibited on Public Right-of-way. Temporary use permits shall not be issued for <br /> property which is within a public right-of-way. <br /> BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: <br /> Temporary use. <br /> A. User Guide. This section establishes a mechanism whereby the City may, on a short <br /> term basis, permit a use to be conducted that would not otherwise be allowed in the zone <br /> in which it is located. This section is intended to permit certain inherently temporary <br /> uses, such as community festivals and fresh vegetable stands, that would not be allowed <br /> in the zone in which they are proposed, but which, if limited in time and strictly <br /> controlled, may be in the best interest of the Everett community. <br /> B. Process for Deciding Upon a Proposed Temporary Use. The City will use the review <br /> process as described in the City's Local Project Review Procedures Ordinance, to review <br /> and decide upon an application for a temporary use permit. <br /> C. Application Information. The applicant shall provide the following information to the <br /> Planning Department: <br /> 1. A completed application on the form provided by the Planning Department, along <br /> with all information requested in that form; <br /> 2. An irrevocable, signed and notarized statement granting the City permission to <br /> summarily abate the temporary use and all physical evidence of that use if it is not <br /> removed by the applicant within the period specified as part of the permit, and agreeing <br /> to reimburse the city for any expenses incurred by the City in abating the temporary use; <br /> and <br /> 3. Written permission from the owner of the property upon which the temporary use is <br /> proposed to be located authorizing the proponent to use the subject property for the stated <br /> purposes and time period. <br /> D. Criteria for Granting a Temporary Use Permit. The City may grant a temporary use <br /> permit only if it finds that: <br /> 1. The proposed temporary use will not be materially detrimental to the public welfare, <br /> or injurious to the property or improvements in the immediate vicinity; and <br /> 2. The proposed temporary use is compatible in terms of location, access, traffic, noise, <br /> nuisance, dust control and hours of operation with existing land uses in the immediate <br /> vicinity; and <br /> 10 <br />