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The following specific acts, omissions, places, and conditions are declared to be public nuisances per se,
<br /> including, but not limited to, any one or more of the following:
<br /> A. Any cannabis garden.
<br /> B. Any dispensary.
<br /> C. Any collective garden located in any of the following use zones: A-1, R-S, R-S-1, R-1, R-1(A), R-2, R-
<br /> 2(A), R-3(L), R-3, R-4, R-5, UR B-1, B-2, B-2(B), C-1, C-1R, B-3UM,W-C, M-S, BMU, C-2, C 2ESULI,
<br /> WRM, P, AQ, or OS.
<br /> D. Any collective garden on a parcel located within one thousand feet of any of the following use
<br /> zones: R-S, R-S-1, R-1, R-1(A), R-2, R-2(A), R-3(L), R-3, R-4, or R-5.
<br /> E. Any collective garden on a parcel located within five hundred feet of another parcel containing a
<br /> collective garden.
<br /> F. Any collective garden on a parcel which contains another collective garden or a cannabis garden.
<br /> G. Any collective garden that is not fully enclosed within a structure.
<br /> H. Any place where cannabis is visible to the public or is visible from property owned or leased by
<br /> another person or entity.This includes smoking cannabis in a manner that it is visible from public
<br /> property or from property owned or leased by another person or entity.
<br /> I. Any place that cannabis can be smelled from a public place or from a property owned or leased by
<br /> another person or entity.
<br /> J. Any place bearing a sign or placard advertising cannabis for sale or delivery.
<br /> K. Any collective garden where a person under twenty-one is allowed to be present.
<br /> L. Any place, other than a private residence, where cannabis is smoked or ingested.
<br /> M. Any place where any violation of Chapter 69.50 RCW occurs and for which the affirmative defense
<br /> created by Chapter 69.51A RCW would not apply.
<br /> N. Any place where any production, manufacture, processing, delivery, distribution, possession, or use
<br /> of cannabis occurs for which there is not an affirmative defense under state law.
<br /> O. Any collective garden that does not comply with all other applicable regulations or code
<br /> requirements.
<br /> Section 5. Section 3 of Ordinance 1048-84, as amended (Temporary Use of Rights-of-Way, EMC
<br /> 13.30.030.A), is amended to read as follows:
<br /> 13.30.030 Annual permit fee.
<br /> All permit fees for the temporary use of city rights-of-way, including streets, alleys and sidewalks, shall
<br /> be based upon the following rate schedules:
<br /> A. Zoning Annual Rate per Square Foot
<br /> 1. Commercial zones including, $.45
<br /> but not limited to, C-1, C-2
<br /> 2. Business zones including, .40
<br /> but not limited to, B-1, B-2,-B-3UM
<br /> 3. Multi-family zones including, .20
<br /> but not limited to, R-3, R-4, R-5 UR
<br /> 4. Manufacturing zones including, .15
<br /> but not limited to, M-M, M-1, ULI
<br /> 5. Single-family zones including, .10
<br /> but not limited to, R-S, R-1, R-2
<br /> When an applicant for a permit for the temporary use of a city right-of-way has a nonconforming use or
<br /> a special property use permit for the subject property, then the rate per square foot shall be the amount
<br /> EMC Titles 2,3,8, 13, 16, 18, 19,20 and 46 Consistency Amendments(Metro Everett) Page 6 of 53 8/29/18
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