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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 /> 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 EMC Title 15, Local Project Review Procedures, to review and <br /> 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 <br /> agreeing to reimburse the city for any expenses incurred by the city in abating the <br /> temporary use; and <br /> 3. Written permission from the owner of the property upon which the temporary use <br /> is proposed to be located authorizing the proponent to use the subject property for the <br /> stated 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 <br /> welfare, 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, <br /> noise, nuisance, dust control and hours of operation with existing land uses in the <br /> immediate vicinity; and <br /> 3. The proposed temporary use is not otherwise allowable in the zone in which it is <br /> proposed. <br /> E. Dimensional Requirements and Development and Performance Standards. The city <br /> shall establish dimensional requirements and development and performance standards as <br />