Chapter 7.10
USES

Sections:

7.10.000    Purpose.

7.10.010    Allowed uses.

7.10.020    Use descriptions index.

7.10.030    Nonconforming use.

7.10.040    Prohibited uses.

7.10.050    Accessory dwelling units.

7.10.060    Home occupations.

7.10.070    Manufactured, mobile, and modular homes.

7.10.080    Recreational vehicles (RVs).

7.10.090    Cargo containers.

7.10.100    Rural storage structures.

7.10.110    Hobby farms.

7.10.120    Short-term rentals.

7.10.130    Event-based business use.

7.10.140    Special event.

7.10.000 Purpose.

This chapter sets forth allowed uses in each zone. The use tables are to be used in combination with TTC 7.10.020, Use descriptions index, to determine what kinds of new development are allowed or prohibited. Uses are permitted in accordance with the intent and purpose statements in TTC 7.08.030, Zoning districts. Additional regulations for some specific uses are described in sections at the end of this chapter. [Res. 2023-382].

7.10.010 Allowed uses.

(1) Use Tables. The tables list zoning districts in the vertical columns and land use activities in the horizontal rows. The cell at the intersection of a column and a row will be coded with the allowances for that use in that zone. Tables are grouped by type of land use activity. All uses are subject to the provisions of this title. Prohibited uses are listed in TTC 7.10.040, Prohibited uses, and are not allowed in any zoning district on the Tulalip Reservation.

(2) Zoning District Abbreviations.

(a) AG: Agriculture.

(b) R-10: Low Density Residential-10.

(c) R-5: Low Density Residential-5.

(d) MR: Medium Density Residential.

(e) NM: Neighborhood Mixed Use.

(f) CM: Community Mixed Use.

(g) UM: Urban Mixed Use.

(h) LI: Light Industrial/Manufacturing.

(i) BF: Big Flats.

(j) RC: Recreation.

(k) RS: Resource.

(l) RS-20: Resource-20.

(m) RT: Resource Tidelands.

(n) CS: Conservation.

(o) QCV-C: Quil Ceda Village Commercial.

(p) QCV-I: Quil Ceda Village Light Industrial/Office.

(3) Use Permission Abbreviations.

(a) P: Permitted. This use is allowed in this zone and may require permits.

(b) AC: Administrative Conditional. Requires a Type IV administrative conditional use permit.

(c) C: Conditional. Requires a Type V conditional use permit.

(d) Blank: Use not permitted in that zoning district.

(4) Accessory Uses. If a use is listed under the “Accessory Uses” section of a table, it is only allowed as an accessory or secondary use to a primary use permitted in that zoning district.

(5) Residential uses permitted in the following zoning districts:

RESIDENTIAL USES

AG

R-10

R-5

MR

NM

CM

UM

RS-20

Agriculture

Low Density Residential-10

Low Density Residential-5

Medium Density Residential

Neighborhood Mixed Use

Community Mixed Use

Urban Mixed Use

Resource-20

Use Key: P: Permitted, use allowed and may require permits AC: Administrative Conditional, Type IV permit C: Conditional, Type V permit
Blank: use not permitted in that zoning district

PRIMARY USES

Single-Family Home

P

P

P

P

P

P

 

P

Manufactured Home I

P

P

P

P

P

P

 

P

Manufactured Home II

P

P

P

P

P

 

 

P

Manufactured Home Park

 

 

 

AC

AC

AC

 

 

Mobile Home (except RV)

P

P

P

AC

P

 

 

P

Duplex

P

P

P

P

P

P

 

P

Triplex

 

 

 

P

P

P

 

 

Multifamily I (4 – 12 units)

 

 

 

AC

AC

P

P

 

Multifamily II (12+ units)

 

 

 

 

 

AC

AC

 

Group Home

AC

AC

AC

AC

AC

P

 

 

ACCESSORY USES

Accessory Residential Structure I

(< 3,500 square feet)

P

P

P

P

P

P

 

 

Accessory Residential Structure II

(3,500 – 7,000 square feet)

P

P

AC

AC

 

 

 

 

Accessory Dwelling Unit

P

P

P

P

P

P

 

P

Home Occupation

P

P

P

P

P

P

 

P

Hobby Farm

P

P

P

P

 

 

P

P

Wedding Venue

AC

AC

AC

 

 

 

 

 

Agritourism Business

AC

AC

AC

 

 

 

 

 

Recreational Vehicle Storage (RVs)

P

P

P

P

P

P

 

P

(6) Commercial uses permitted in the following zoning districts:

COMMERCIAL AND INDUSTRIAL USES

AG

R-10

R-5

MR

NM

CM

UM

LI

QCV-C and QCV-I

Agriculture

Low Density Residential-10

Low Density Residential-5

Medium Density Residential

Neighborhood Mixed Use

Community Mixed Use

Urban Mixed Use

Light Industrial/

Manufacturing

 

Use Key: P: Permitted, use allowed and may require permits AC: Administrative Conditional, Type IV permit C: Conditional, Type V permit Blank: use not permitted in that zoning district

 

PRIMARY USES

Office/Service

 

 

 

 

P

 

P

P

Subject to Quil Ceda Village Approval

Restaurant

 

 

 

 

P

AC

P

 

Hotel/Motel

 

 

 

 

 

 

P

 

Retail

 

 

 

 

P

AC

P

 

Gaming

 

 

 

 

 

 

P

 

Movie Theater

 

 

 

 

 

 

P

 

Recreation Facility I

AC

AC

 

 

P

AC

P

P

Recreation Facility II

 

 

 

 

 

 

AC

AC

Day Care

 

AC

AC

 

P

 

P

 

Animal Care, Indoor

P

AC

AC

 

P

 

P

P

Animal Care, Outdoor

AC

C

C

 

 

 

 

AC

Auto Facility

 

 

 

 

 

 

P

AC

Light Industrial

 

 

 

 

 

 

P

P

Medium Industrial

 

 

 

 

 

 

 

C

(7) Institutional uses permitted in the following zoning districts:

INSTITUTIONAL USES

AG

R-10

R-5

MR

NM

CM

UM

LI

BF

RS

RS-20

CS

QCV-C and

QCV-I

Agriculture

Low Density Residential-10

Low Density Residential-5

Medium Density Residential

Neighborhood Mixed Use

Community Mixed Use

Urban Mixed Use

Light Industrial/

Manufacturing

Big Flats

Resource

Resource-20

Conservation

 

Use Key: P: Permitted, use allowed and may require permits AC: Administrative Conditional, Type IV permit C: Conditional, Type V permit Blank: use not permitted in that zoning district

PRIMARY USES

Cultural/ Community Facility

 

 

 

AC

P

P

P

 

 

AC

 

 

Subject to Quil Ceda Village Approval

Cemetery

 

P

P

P

 

P

 

 

 

AC

 

 

Educational Facility

 

AC

AC

AC

P

P

P

P

 

AC

 

 

Healthcare

 

 

AC

AC

P

P

P

P

 

 

 

 

Tribal Government Facility

AC

AC

AC

AC

P

P

P

P

 

P

 

 

Utility Infrastructure

P

P

P

P

P

P

P

P

P

P

P

P

Utility Plant, Public

AC

 

 

 

 

P

C

P

P

AC

 

 

Park and Ride

AC

 

AC

AC

 

AC

P

P

 

 

 

 

Wireless Facility

C

C

C

C

C

C

P

P

 

P

C

P

Regional Transportation Facility

 

 

 

 

 

 

AC

 

 

AC

 

 

Religious Facility

C

C

C

C

C

AC

C

C

 

 

 

 

ACCESSORY USES

Cargo Container

P

P

P

P

P

P

P

P

P

P

P

P

Electric Vehicle Infrastructure

 

 

 

P

P

P

P

P

 

 

 

 

(8) Recreational uses permitted in the following zoning districts:

RECREATIONAL USES

AG

R-10

R-5

MR

NM

CM

UM

LI

RC

RS

RS-20

CS

QCV-C and

QCV-I

Agriculture

Low Density Residential-10

Low Density Residential-5

Medium Density Residential

Neighborhood Mixed Use

Community Mixed Use

Urban Mixed Use

Light Industrial/

Manufacturing

Recreation

Resource

Resource

-20

Conservation

 

Use Key: P: Permitted, use allowed and may require permits AC: Administrative Conditional, Type IV permit C: Conditional, Type V permit Blank: use not permitted in that zoning district

PRIMARY USES

Park (up to 10 acres)

AC

P

P

P

P

P

P

P

P

AC

AC

AC

Subject to Quil Ceda Village Approval

Regional Park

(> 10 acres)

 

 

 

 

 

 

 

 

P

 

 

 

Campground/RV Park

C

C

C

 

 

 

 

 

P

C

C

 

Nonmotorized Trail

P

P

P

P

P

P

P

P

P

P

P

P

Motorized Trail

 

 

 

 

 

 

 

 

AC

AC

AC

 

Golf Course

 

C

C

 

 

 

 

 

C

C

 

 

(9) Resource and Rural uses permitted in the following zoning districts:

RESOURCE AND RURAL USES

AG

R-10

R-5

MR

NM

CM

UM

LI

BF

RC

RS

RS-20

CS

QCV-C and QCV-I

Agriculture

Low Density Residential-10

Low Density Residential-5

Medium Density Residential

Neighborhood Mixed Use

Community Mixed Use

Urban Mixed Use

Light Industrial/

Manufacturing

Big Flats

Recreation

Resource

Resource-20

Conservation

 

Use Key: P: Permitted, use allowed and may require permits AC: Administrative Conditional, Type IV permit C: Conditional, Type V permit Blank: use not permitted in that zoning district

PRIMARY USES

Hobby Farm

P

P

P

P

P

 

P

P

 

 

P

 

 

Subject to Quil Ceda Village Approval

Wedding Venue

AC

AC

AC

 

 

 

 

 

 

 

 

 

 

Agritourism Business

AC

AC

AC

 

 

 

 

 

 

 

 

 

 

Agriculture

P

AC

AC

 

 

 

 

 

 

 

 

 

 

Rural Storage Structures

P

P

P

 

 

 

 

 

 

 

 

P

 

Wild Crop Harvest

 

 

 

 

 

 

 

 

 

 

P

P

P

Hatchery Operation

 

 

 

 

 

P

 

 

 

 

P

 

 

Forestry

P

P

P

 

 

P

 

 

 

P

P

P

 

Surface Mining

 

 

 

 

 

 

 

 

 

 

C

C

 

Shoreline Structure

Permissions subject to Chapter 8.30 TTC, Tidelands Management Policies

ACCESSORY USES

Barn

P

P

 

 

 

 

 

 

 

 

 

 

 

Caretaker Home

 

 

 

 

 

 

 

 

 

 

P

 

 

Prescribed Grazing

P

P

P

P

P

P

P

P

P

P

P

P

P

[Res. 2023-382].

7.10.020 Use descriptions index.

The following alphabetical list provides additional information to define and distinguish between uses listed in the tables above. These descriptions and examples are intended as guidance for users and administrators to determine what level of review a land use project may require and where it may be permitted on the Tulalip Reservation. All examples below are nonexhaustive lists.

(1) Accessory Dwelling Unit. A structure separate from and accessory to a single-family home that contains its own kitchen and bathroom and functions as independently from the primary residence. Examples include tiny homes. Regulated by TTC 7.10.050, Accessory dwelling units.

(2) Accessory Residential Structure I. A detached structure under 3,500 square feet that is accessory to a residential single-family home, duplex, triplex, or multifamily home and is used for residential or home occupation storage only. Examples include carports, garages, shops, and storage buildings.

(3) Accessory Residential Structure II. A detached structure between 3,500 and 7,000 square feet that is accessory to a residential single-family home, duplex, triplex, or multifamily home and is used for residential or home occupation storage only. Examples include carports, garages, shops, and storage buildings.

(4) Agriculture. The tilling of the soil, the raising of crops, horticulture, pasturing, grazing, and farming.

(5) Agritourism Business. A business accessory to an agricultural use that sells products and services to paying customers. Examples include animal display and interaction; you-pick or you-cut activities with rides, games, or other activities with paid admission and/or ticket sales; nursery; horseback riding lessons; tasting rooms; or camps related to agricultural uses.

(6) Animal Care, Indoor. Indoor facilities for animals. Examples include kennels, shelters, pet day care, grooming and veterinarian clinics.

(7) Animal Care, Outdoor. Facilities for animals with an outdoor component. Examples include kennels, shelters, pet day care and boarding, grooming, kennels, and veterinarian clinics.

(8) Auto Facility. Retail and infrastructure involved in the marketing, selling, renting, repair, storage, and maintenance of motor vehicles. Examples include automotive sales, automotive repair and service, automotive rental, battery exchange stations, electric vehicle charging stations, fuel dealers, and commercial vehicle storage (service stations included in retail).

(9) Barn. A structure accessory to a resource use, used to house animals and/or store agricultural products.

(10) Campground. Designated sites designed for the use of tents, yurts, cabins, or recreational vehicles.

(11) Caretaker Home. A home accessory to a resource use for the guardians or custodians of that use.

(12) Cargo Container. Standardized reusable vessels that are: designed for use in packing, shipping, or transportation of freight; or are capable of being moved by rail, truck, or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms “transport containers” and “portable site storage containers,” having a similar appearance to and characteristics of cargo containers. Regulated by TTC 7.10.090, Cargo containers.

(13) Cemetery. A place for the interment and memorial of the deceased.

(14) Cultural/Community Facility. A gathering space that promotes and sustains the cultural heritage, spiritual practices, and social connections of communities on the Reservation. Examples include community centers, cultural centers, and museums.

(15) Day Care. A day care center licensed by the State of Washington for 13 or more children in any 24-hour period.

(16) Duplex. Two dwelling units with common walls on one or two sides but with separate front and/or rear access.

(17) Educational Facility. A place that facilitates learning and knowledge sharing. Examples include public schools, non-profit schools, private schools, institutional education, government, day care.

(18) Electric Vehicle Infrastructure. Infrastructure that supports motor vehicles powered by electricity. Examples include public charging stations and battery exchange stations.

(19) Forestry. Commercial harvest or thinning of forest that may include road building activities. Regulated by Chapter 8.15 TTC, Forest Products Permit.

(20) Gaming. All land uses and activities regulated by Chapter 10.05 TTC, Gaming.

(21) Golf Course. Grounds where the sport of golf is played.

(22) Group Homes. A home where six or fewer adults can live together for collective healthcare, support, or supervision. Requires a business license from the Tulalip Tribes for operation.

(23) Hatchery Operation. A facility for the conservation and/or farming of fish, crustaceans, or mollusks or for the cultivation of aquatic food. Examples include Tribally operated hatchery, aquaculture, and mariculture operations.

(24) Healthcare. A facility providing medical diagnoses, treatment, and care for physical and mental impairments, including injury, illness, and mental disorders. Examples include outpatient treatment facilities, inpatient treatment facilities, substance abuse facilities, mental health facilities, and secure community transition facilities.

(25) Hobby Farm. A small-scale farm operated for pleasure or for supplemental income. Regulated by TTC 7.10.110, Hobby farms.

(26) Home Occupation. A small-scale business accessory to residential single-family home. Regulated by TTC 7.10.060, Home occupations.

(27) Hotel/Motel. Temporary overnight lodging that may provide other amenities such as a restaurant, pool, or spa.

(28) Light Industrial. Facilities primarily for production, processing, and assembling that are operated so that noise, odor, dust, and glare of such operations are confined within an enclosed building or enclosure. Some loading facilities possible, no truck turnarounds allowed, lower indoor heights. Examples include: mini storage, testing facilities, laboratories, research and development, light manufacturing, distribution of goods, wholesale, printing, farm product processing, laundry services.

(29) Manufactured Home I. New single wide, double wide, or triple wide manufactured homes intended for single-family home use that meet standards set forth in the international building code. Regulated by TTC 7.10.070, Manufactured, mobile, and modular homes.

(30) Manufactured Home II. Used single wide, double wide, triple wide manufactured homes intended for single-family home use that may or may not meet current building codes. Regulated by TTC 7.10.070, Manufactured, mobile, and modular homes.

(31) Manufactured Home Park. A temporary or permanent lodging place for occupants of modular homes, mobile homes, and travel trailers. Regulated by TTC 7.10.070, Manufactured, mobile, and modular homes, and 7.10.080, Recreational vehicles (RVs).

(32) Medium Industrial. Loading docks (not cross-loading docks) and truck turnaround allowed, taller door heights allowed. Examples include: equipment and machine and vessel sales and rental, warehouses, lumber yards, building supplies, marinas, dry docks, construction contracting, outdoor storage, commercial vehicle storage/dispatch, trucking and courier services, freight and cargo facilities, construction staging, government fleet management, motor vehicle body shops, welding, sheet metal or machine shops, cold storage, forest industry storage and maintenance facilities, waste, and recycling transfer stations.

(33) Mobile Homes. Any vehicle or similar portable structure built prior to the enactment of the National Manufactured Home Construction and Safety Standards Act of 1974, designed for mounting on wheels and intended for use as a residence, except parked and unoccupied recreational vehicles, which meets the standards of the Washington Department of Labor and Industries. Regulated by TTC 7.10.070, Manufactured, mobile, and modular homes. For RVs and travel trailers, see TTC 7.10.080, Recreational vehicles (RVs).

(34) Motorized Trails. Unpaved trails or roads that may be designated for specific use by snowmobile, dirt motorcycle, all-terrain vehicle (ATV), off-highway vehicle (OHV), off-road vehicle (ORV).

(35) Movie Theater. A building or part of a building having seating for an audience and a large screen for showing movies.

(36) Multifamily I. Small-scale cottage housing developments or apartment buildings, condominiums, townhomes, or multiplexes with four to twelve dwelling units, subject to underlying density limits.

(37) Multifamily II. Medium-scale and large-scale apartment buildings or condominiums with more than 12 dwelling units, subject to underlying density limits.

(38) Nonmotorized Trails. In-park, local connector, and regional trails. Includes unpaved and paved trails, which may be designated for specific uses: foot, bicycle, ski, equestrian, etc.

(39) Office/Service. Office or business offering personal or professional services. Examples include: real estate, legal, insurance, accounting, or architecture and engineering offices; personal services such as cobblers, salons, alterations; small scale printing and shipping services; funeral homes; art and craft studios.

(40) Park. A park less than 10 acres in size.

(41) Park and Ride Facility. A parking lot where drivers can park their personal vehicles and take advantage of immediate connections to public transit.

(42) Prescribed Grazing. The controlled harvest of vegetation with grazing animals, managed with the intent to achieve a specific objective including but not limited to controlling the composition of plant communities, improving surface or subsurface water quality, improving riparian and watershed function, reducing soil erosion, improving availability of food or cover for wildlife, or managing fire fuel loads.

(43) Recreation Facility I. Small-scale indoor and/or outdoor recreational use. Examples include private paintball courses, miniature golf, and martial arts, dance, yoga, or other movement studios.

(44) Recreation Facility II. Large, specialized buildings or complexes that house recreational facilities. Examples include sports complex arenas, amphitheaters, driving ranges, resorts, indoor shooting ranges, aquatic centers, and climbing gymnasiums.

(45) Recreational Vehicle (RV). Regulated by TTC 7.10.080, Recreational vehicles (RVs).

(46) Regional Park. A park 10 acres in size or larger. Intended to serve as a regional recreational draw in addition to providing facilities to the Tulalip Tribal communities.

(47) Regional Transportation Facilities. Examples include light rail and bus stops or terminals, air fields.

(48) Religious Facility. A gathering space for religious and spiritual services; a house of worship for a congregation; a place for education about religious and spiritual matters.

(49) Restaurant. A business that prepares and sells meals and refreshments. Examples include: drive-in food service businesses, food trucks, cafes, full-service restaurants.

(50) Retail. Retail that provides commercial services to the Tulalip community. Examples include: grocers, hardware stores, greenhouses, fish markets, farmers markets, small appliance repair, indoor entertainment, theaters, television and radio stations, liquor stores, service stations, dry cleaning pickup and retail. Excludes dry cleaning plants.

(51) Rural Storage Structures. Standalone storage structures not accessory to a primary home or on rural lots. Regulated by TTC 7.10.100, Rural storage structures.

(52) Shoreline Structures. Replacement docks, stairs, or armoring; or Tribal government structures along lakes and marine areas. Building permits and access to such structures for construction or work performed on tidelands regulated by Chapter 8.30 TTC, Tidelands Management Policies; additional approvals may be required.

(53) Single-Family Home. Self-contained living quarters supported by its own sewer or septic and water services. May include a tiny home, or other types of homes, but must meet international building code standards.

(54) Surface Mining. Areas where mineral extraction results in more than one acre of disturbed area, including the result of mineral prospecting or exploration activities, or surface mined slopes greater than 30 feet high and steeper than a 1.0-foot horizontal to a 1.0-foot vertical. Regulated by Chapter 8.35 TTC, Surface Mining.

(55) Tribal Government Facility. Any office or facility for Tribal government use.

(56) Triplex. Three dwelling units with common walls on one or two sides but with separate front and/or rear access.

(57) Utility Infrastructure. Essential infrastructure for connecting utilities. Examples include water storage, pump stations, sewer lift stations, power lines, transformers, and solar panels.

(58) Utility Plants, Public. Centralized utility infrastructure buildings and plants. Examples include water and sewer treatment facilities and large-scale power generation such as hydro, solar, wood, wind, and biomass.

(59) Wedding Venue. An operation accessory to an agriculture or single-family home use that operates a commercial wedding venue for paying customers.

(60) Wild Crop Harvest. Regulated by Chapter 8.15 TTC, Forest Products Permit.

(61) Wireless Facilities. Facilities and infrastructure related to wireless communications are regulated by Chapter 7.22 TTC, Wireless Communications. Examples include antennas, poles, towers, cables, wires, conduits, ducts, pedestals, vaults, buildings, and electronic and switching equipment. [Res. 2023-382].

7.10.030 Nonconforming use.

(1) Purpose. To provide parameters for the continued operation and use of legal nonconforming uses, structures, or lots. And to provide a process to consider expansion or intensification of such uses when doing so would not lead to negative impacts or risks to adjacent and surrounding properties.

(2) Applicability. The following lots, uses of land, and uses of structures which existed or were legally established prior to the effective date of the ordinance codified in this title and which do not meet all the zoning requirements of the ordinance codified in this title, shall be deemed to be lawful nonconforming uses, and may continue subject to the provisions of this title:

(a) Any lot, tract, or parcel of land:

(i) On fee lands which was recognized as a legal building lot by Snohomish County prior to the effective date of the ordinance codified in this title, except lots established under County law through boundary line adjustments that would not be permissible under the provisions of this title; or

(ii) Established or platted under provisions of Tribal law or Federal regulations prior to the effective date of the ordinance codified in this title.

(b) Any structure or building erected or in actual use, and any noncriminal actual use of a structure or building existing or established, prior to the effective date of the ordinance codified in this title. Any structure or building erected subsequent to the date of this title on a lawful nonconforming lot or parcel shall meet all other provisions of this title except minimum lot size. Any use established subsequent to the date of this title shall meet all provisions of this title.

(c) Lawful nonconforming uses may have applicable permit requirements under the ordinance codified in this title.

(3) Replacement. If any nonconforming structure is over 50 percent destroyed by fire or other casualty, such structure may be rebuilt within its same footprint with no expansion or intensification; provided, that such reconstruction occurs within two years.

(4) Discontinuation. A lawful nonconforming use discontinued or abandoned for 24 months or longer shall not be resumed and will have lost its status as a lawful nonconforming use.

(5) Change of Use. A change in use from a lawful nonconforming use to another nonconforming use is allowed only when the new use is equal or less intensive and the site obtains confirmation of lawful nonconforming status, as described in subsection (7) of this section, Confirmation of Lawful Nonconforming Status. Lawful nonconforming use status cannot be transferred to a new use.

(6) Expansion of Use. A lawful nonconforming use shall not be relocated, expanded, enlarged or increased in intensity beyond the scope and area of its operation at the time it is deemed lawfully nonconforming. A lawful nonconforming use may be allowed incidental expansion up to a maximum of 10 percent of any of the following features: the original building square footage, impervious surface, or number of daily traffic trips, only when the expansion will not cause or increase nonconformity of any structure or lot. Expansion, enlargement, or increase of intensity beyond 10 percent of any of the above listed features may be considered through a Type V(a) conditional use permit review process, whereby the applicant must demonstrate that no negative impacts or additional risk to public health and safety, the environment, cultural resources, or traffic safety will result from the additional expansions. The Planning Commission may choose to approve, deny, or conditionally approve the request. Denial of the expansion request will have no bearing on the property’s lawful nonconforming use status.

(7) Confirmation of Lawful Nonconforming Status. An owner of a lot, structure, or use that is lawfully conforming may confirm its lawful nonconforming status with the Tribes by seeking a confirmation of lawful nonconforming status, a Type III review. The applicant shall include a site plan showing the lawfully nonconforming lot, structure(s), or use(s), along with a narrative description of activities conducted there, intensity of use, date of establishment, or other details necessary to determine its lawful nonconforming status. [Res. 2023-382].

7.10.040 Prohibited uses.

(1) The following uses are not allowed in any zoning district on the Tulalip Reservation:

(a) Adult entertainment;

(b) Correctional facilities;

(c) Heavy industrial uses;

(d) Junk yards. [Res. 2023-382].

7.10.050 Accessory dwelling units.

(1) Purpose. Accessory dwelling units (ADU) provide additional separate living space on a residential lot that may be used directly by the property owner or rented out. Accessory dwelling units are a way to add additional housing choices.

(2) Requirements.

(a) Primary House and Residency Requirement. Each accessory dwelling unit shall be located on a lot containing a single-family primary residence. Either the primary residence or the accessory dwelling unit must be occupied by a property owner or lease holder.

(b) Zones Permitting Accessory Dwelling Units. Accessory dwelling units are allowed in any zone where a single-family dwelling is allowed, as long as the provisions of this chapter can be met.

(c) Location of Units. An accessory dwelling unit can be either detached from the primary residence, such as a standalone building or above a garage structure, or attached, such as in a basement or an addition. A primary residence may have a maximum of one attached accessory dwelling unit and any additional permitted accessory dwelling units must be detached.

(d) Dimensional Standards. All units must comply with Chapter 7.12 TTC, Density and Dimensions, including setback requirements and lot coverage, except that the height of a detached accessory dwelling until shall not exceed 15 feet.

(e) Density Limitations. Accessory dwelling units are not subject to the density requirements placed on the primary residence by the underlying zone. Accessory dwelling units are not allowed on lots containing multifamily buildings, such as duplexes, triplexes, or apartments.

(f) Parking Required. The primary residence shall have two dedicated parking spaces. An additional one parking space is required for each accessory dwelling unit.

(g) Site Access. Automobile access shall be limited to one driveway. Multiple access points are allowed for nonvehicle access.

(h) Adequate Utilities. The primary residence and all accessory dwelling units must be connected to water and sewage treatment facilities.

(i) Size and Quantity of Accessory Dwelling Units by Lot Size.

Lot Size

Max No.

Max Combined Size of All ADUs*

7,200 square feet+

1

500 square feet

14,500 square feet+

1

800 square feet

43,500 square feet+/1 acre+

2

1,200 square feet

5 acres+

3

1,600 square feet

* One or all units combined cannot exceed maximum combined size.

(3) Approval and Continuation.

(a) Accessory dwelling units shall be permitted according to the provisions of Chapter 7.06 TTC, Permit Processing.

(b) Future owners of lots with accessory dwelling units must still meet all ADU requirements. [Res. 2023-382].

7.10.060 Home occupations.

(1) Purpose. To provide for home-based economic opportunities for the Reservation community while protecting nearby properties from potential detrimental effects of home occupations.

(2) Applicability.

(a) Home occupations shall be clearly incidental and subordinate to the use of premises for residential purposes.

(b) Home occupations are permitted as accessory uses and structures to dwelling units within applicable zones.

(c) The home occupation permittee shall reside in the dwelling unit as their principal residence.

(3) Exemptions.

(a) Home offices. Bookkeeping and/or office for a business conducted off-premises with no outward indication of the business nor customers or employees visiting the premises are exempt from all home occupation requirements.

(b) Private social events and garage-yard sales. Product sales associated with private social events (e.g., Tupperware parties) and garage-yard sales are exempt from all home occupation requirements provided they occur no more than four times per year at any given residence.

(c) Cultural-related occupations. Cultural-related occupations (e.g., Native arts and crafts, fishing, crabbing, totem/story pole carving) are exempt from all home occupation requirements.

(d) Occupations related to Tribal rights derived from the Treaty of Point Elliott as recognized in TTC 7.02.040(1), Traditional and Cultural Buildings and Activities, may be exempt.

(4) Permits and Licenses Required.

(a) Business License Required. Home offices and home occupations require a Tulalip Tribes business license. A business license shall not be issued to a home occupation until a home occupation permit is first obtained.

(b) Home occupation permits and licenses are nontransferable.

(c) It shall be unlawful for any person to undertake any home occupation without first obtaining a Type III home occupation permit.

(d) Home occupations are subject to annual inspections by the Tulalip Tribes.

(e) Home occupations shall comply with all applicable Tulalip Tribes building and fire codes, policies and regulations.

(5) Requirements.

(a) Impacts. The home occupation shall not create light and glare, smoke, heat, dust, odor, drainage, electrical interference or other similar impacts that are detectable at or beyond property lines of lot where home occupation is located.

(b) Noise. When measured at the property line noise generated by home occupation activities shall not exceed the limits established in Chapter 11.10 TTC, Noise Abatement.

(c) Signs. One unlit sign advertising the home occupation is allowed; sign shall be attached flat to the dwelling or accessory structure and shall not exceed two square feet.

(d) Parking. All necessary parking shall be accommodated off-street in driveways, garages and/or carports.

(e) Electricity. Electrical service for a lot shall not exceed 200 amps.

(f) In-Home Day Care. Child care programs shall not exceed 12 children per day including the children of the operator. Hours of operation for home day care businesses are limited to 6:00 a.m. to 8:00 p.m. any days of the week or seven days a week.

(g) Exterior. No structural changes to the exterior or interior of the dwelling are permitted that are associated with the home occupation.

(h) Sales. Retail sales in conjunction with the home occupation are limited to items accessory to a service or merchandise that is handcrafted on the premises.

(6) Type I Home Occupations, Additional Requirements. Type I home occupations can be operated on larger lots and can therefore have a higher intensity of use.

(a) Minimum Lot Size. The minimum lot size required to operate a Type I home occupation is five acres.

(b) Maximum Size. Not more than 35 percent of the total square footage of the dwelling may be used for the home occupation.

(c) Hours of Operation. Hours of operation are limited to 7:00 a.m. to 6:00 p.m. Monday through Friday; and 9:00 am to 6:00 p.m., Saturday and Sunday including deliveries, employee visits and customer visits.

(d) Employees. Not more than three nonresident employees shall be employed in the home occupation.

(e) Parking. The parking area for any commercial vehicle associated with the home occupation shall be located indoors, screened with a solid fence, or landscaped with a row of evergreen shrubs spaced not more than five feet apart and forming a continuous hedge not less than six feet high when planted to screen the area from adjacent properties and public streets. The Tribes may waive this requirement for those sides of the parking area that will not be visible from public streets or if not clearly invasive to adjacent properties.

(f) Vehicle Trip Generation. Not more than 15 total business-related visits per day are allowed except child care home occupations which are allowed business-related visits for pick-up and drop-off of up to 12 children per day.

(g) Outdoor Storage. Materials stored outdoors shall be covered and not visible at or beyond all property lines of the lot where home occupation is located.

(h) Accessory Structure. Total area used for home occupations in any accessory structure and attached garage shall not exceed 7,000 square feet.

(7) Type II Home Occupations, Additional Requirements. Type II home occupations are operated on lots less than five acres; their intensity of use shall be less than what is allowed for Type I home occupations.

(a) Minimum Lot Size. There is no minimum lot size required to operate a Type II home occupation.

(b) Maximum Size. Not more than 25 percent of the total square footage of the dwelling may be used for the home occupation.

(c) Hours of Operation. Hours of operation are limited to 7:00 a.m. to 6:00 p.m. Monday through Friday, including deliveries, employee visits and customer visits except when business activities are taking place entirely within principal residence or accessory buildings.

(d) Employees. Not more than one nonresident employee shall be employed in the home occupation.

(e) Parking. Not more than one vehicle with a manufacturer’s weight rating of less than 26,001 pounds and used in the operation of the home occupation allowed on the premises.

(f) Vehicle Trip Generation. Not more than 10 total business-related visits per day allowed except child care home occupations which are allowed business-related visits for pick-up and drop-off of up to 12 children per day.

(g) Outdoor Storage. No outdoor storage of equipment and/or materials used for the home occupation is allowed.

(h) Visibility. Home occupation shall be fully enclosed within residence and accessory structure(s) with the exception of child care home occupations which may provide outdoor play areas for children.

(i) Accessory Structures. Total area for home occupations in any accessory structure and attached garage shall not exceed 3,500 square feet.

(8) Adjustment to Requirements. If a home occupation is unable to meet all the above requirements, an applicant can seek a Type IV administrative conditional use permit to adjust up to two requirements listed under subsection (6) of this section, Type I Home Occupations, or subsection (7) of this section, Type II Home Occupations, as long as the applicant can demonstrate that the proposed home occupation will not result in significant impacts to adjacent land zoned for residential use.

(9) Prohibited.

(a) Multifamily Dwellings. Home occupations are prohibited in multifamily dwellings and those structures accessory to multifamily dwellings.

(b) The following are prohibited under the home occupation section:

(i) Processing, use, or storage of hazardous materials.

(ii) External display of merchandise.

(iii) Expanding the commercial capacity of a nonconforming home occupation.

(iv) Automotive towing, salvage yard, service station, painting, repair and maintenance.

(v) Hotel, motel, and bed and breakfast inn.

(vi) Mini storage.

(vii) Restaurant.

(viii) Retail store.

(ix) Medical and dental clinics.

(x) Wineries, breweries and distillation of alcohol.

(xi) Dance and night clubs.

(xii) Truck or heavy equipment fueling, maintenance or repair.

(xiii) Motocross racetrack.

(xiv) Any other use determined by the Executive Director to be not incidental to or compatible with residential activities, is prohibited. [Res. 2023-382].

7.10.070 Manufactured, mobile, and modular homes.

(1) Purpose. All modular homes, mobile homes that do not conform to the limitations in this title shall be prohibited in all zones.

(2) Requirements.

(a) Manufactured and Mobile Homes. Manufactured, mobile, and modular homes shall be placed and securely tied to concrete footings and meet current electrical codes of the State of Washington.

(b) Modular Homes. Modular homes shall be constructed on foundation walls and shall conform to manufacturer’s specifications and shall conform to electrical codes of the State of Washington, as the same now exist or may hereafter be amended. [Res. 2023-382].

7.10.080 Recreational vehicles (RVs).

(1) Purpose. To allow for proper storage and recreational use of recreational vehicles (RVs) and travel trailers within appropriate zones and locations within the Reservation boundaries, to provide individuals and families a temporary dwelling solution while minimizing negative impacts to the environment and adjacent properties, and to monitor RV and travel trailer use and storage and prevent misuse.

(2) Requirements.

(a) Applicability. Recreational vehicles and travel trailers have wheels and contain living or sleeping quarters to accommodate recreation, camping, or travel uses. Use of any such vehicle as a permanent dwelling is prohibited in all zones.

(b) Recreational Use. Storage and recreational use of a travel trailer or recreational vehicle is an allowed accessory use in zones that allow single-family dwellings, provided that each lot may contain a travel trailer or recreational vehicle for overnight accommodations for no more than 30 days within a 90-day period. Extended recreational use by one or more travel trailers or recreational vehicles may be approved through a temporary use and occupancy permit.

(c) Temporary Dwelling Use. Use of travel trailers and other recreational vehicles which provide temporary dwelling may be permitted for periods exceeding typical recreational use only after obtaining a temporary use and occupancy permit. To obtain a temporary use and occupancy permit for a temporary dwelling use, power and sewage disposal facilities must be present at the site and meet Tribal Code requirements.

(d) License Required. All travel trailers and recreational vehicles stored or used within the Tulalip Reservation must obtain a storage license from the Planning Department. Licensee must show that the trailer or recreational vehicle is in operational condition and has current registration.

(e) Prohibitions. Storage of trailers or recreational vehicles on vacant land with no sewage treatment facilities or water or temporary use and occupancy permit is prohibited.

(f) Campgrounds. Travel trailers and recreational vehicles are allowed in approved park or campground areas. [Res. 2023-382].

7.10.090 Cargo containers.

(1) Purpose. To allow storage in cargo containers with minimal oversight and regulation in appropriate zones while providing the framework and flexibility needed to address negative impacts from the use of cargo containers for non-storage uses purposes and/or the placement of cargo containers in areas that violate this or other Tribal codes. This section establishes minimum standards for the placement of cargo containers and transport containers used for storage of material and/or equipment or for uses other than that for which they were primarily designed.

(2) Temporary Use.

(a) Nothing in this chapter shall preclude temporary use of cargo containers on permitted construction sites during periods of construction.

(b) Nothing in this chapter shall preclude the use of cargo containers as moving pods or any other temporary use that is less than three months in duration.

(3) Approval Criteria.

(a) Anyone who places a cargo container is required to call the planning department prior its placement in order to verify that it is not placed over an environmentally sensitive area or other prohibited areas, detailed below.

(b) A building permit is required prior to placement of cargo containers larger than 200 square feet in area, ensuring effective anchoring/foundation according to the IBC (International Building Code). The application shall show the proposed unit is accessory to the permitted use of the property and meets placement criteria for detached accessory structures.

(c) Cargo containers shall not be used for human occupancy and/or other commercial applications without first obtaining a building permit and structural review to determine if retrofitting for the intended use meets the standards set forth in the IBC (International Building Code).

(d) Quantity and Size Limits Per Lot.

(i) Residential zones:

Lot Size (sq. ft.)

Maximum Number of Cargo Containers

Maximum Combined Size of All Cargo Containers

7,200 – 14,500

1

80 sq. ft.

14,500 – 22,000

2

160 sq. ft.

22,000 or greater

4

320 sq. ft.

(ii) Agricultural and resource zones:

Lot Size

Maximum Number of Cargo Containers

Maximum Combined Size of All Cargo Containers

Under 10 acres

8

640 sq. ft.

10 acres or greater

12

960 sq. ft.

(e) Use of cargo containers in a residential zone for storage of business and commercial equipment or supplies shall be associated with an approved or exempt home occupation permit.

(f) Material storage within cargo containers is subject to review and approval by the Tulalip Planning Department and Fire Chief.

(4) Cargo containers are prohibited:

(a) As a primary use in residential zones;

(b) In environmentally sensitive areas including but not limited to wetlands, steep slopes, streams and their applicable setbacks and buffers;

(c) In public road rights-of-way or utility or access easements unless the location has received prior approved as part of an existing land use permit or has permission from the County or Tribal Transportation Department or has permission from the private property owners or easement owners;

(d) For use to expand commercial storage capacity in association with a nonconforming home occupation;

(e) From occupying required off-street parking, loading, or landscaping areas on a permanent basis;

(f) From storing hazardous material beyond residential household limits in compliance with EPA regulations for safe management of household hazardous waste;

(g) In all residential zones: from being stored empty for commercial use, resale, or rental;

(h) From being stacked except in industrial zoning districts, and then only with the express written permission of the building official; or

(i) For use as animal shelter.

(6) Development Standards. In addition to the provisions of Chapters 7.12 TTC, Density and Dimensions, and 7.14 TTC, Development Standards, cargo containers shall:

(a) Meet the setback requirements in the zone where they are placed and be set back an additional 25 feet from fire hydrants, water mains, and sewer main lines.

(b) Be included in the overall lot coverage.

(c) Be placed in the side or rear yard setback of the property.

(d) Be screened from abutting properties and rights-of-way by a sight-obscuring fence or effective landscaping.

(e) Be painted or stained a neutral shade which blends with the surrounding premises or nearby structures on the same property.

(f) Avoid septic systems, powerlines, waterlines, sewer lines, and other public and private utilities. [Res. 2023-382].

7.10.100 Rural storage structures.

(1) Purpose. This section applies to standalone storage structures not accessory to a primary home or business. Such rural storage structures may be constructed on rural lots for the purposes of providing storage for private or business use, but not for the purposes of operating a business or providing direct service to customers at that location. These provisions do not apply to storage structures located on properties with active residential or agricultural uses.

(2) Requirements.

(a) Maximum Size, Lot Coverage, and Height.

(i) Rural storage structures:

(A) May not be larger than 2,400 square feet.

(B) May cover no more than 10 percent of a lot.

(C) Shall have a maximum height of 35 feet in every zone.

(D) If multiple rural storage structures are located on a single lot, then the combined area may not exceed 10 percent of the lot size, and in no case have a combined size of greater than 2,400 square feet.

(E) These dimensional requirements supersede what is listed in TTC 7.12.020, Dimensional standards.

(b) Development Standards. Storage activities shall be contained within storage structures. Any noise, smells, or visual impacts shall be contained within the structure and shall not cause a nuisance to adjacent properties.

(c) Uses Allowed. Only storage uses are allowed. It is not permitted to operate a business or provide client services from a rural storage structure. [Res. 2023-382].

7.10.110 Hobby farms.

(1) Purpose. To allow hobby farms to exist in appropriate zones while providing the framework and flexibility needed to prevent and address negative impacts associated with this use.

(2) Applicability. This section applies to hobby farms operated for pleasure or for supplemental income in zones where they are permitted. This code does not apply to agricultural zones, where agricultural uses are widely allowed. Hobby farms may include:

(a) Small-scale agriculture for personal use and enjoyment that may include some animal husbandry; or

(b) Small-scale agriculture and/or animal husbandry that includes some commercial sales of products for supplemental income.

(c) For animal husbandry, the following categories apply:

(i) Goats, rabbits, and potbelly pigs are considered small animals.

(ii) Horses, cows, sheep, llamas, and alpacas are considered large animals.

(iii) Chickens, turkeys, ducks, and geese are considered domestic fowl.

(3) Permits Required.

(a) Hobby farms meeting both the following criteria and also meeting the standard conditions of this code do not require a permit to operate:

(i) The hobby farm generates an annual income less than $1,000; and

(ii) The hobby farm is located in a non-residential zone, regardless of whether it generates income.

(b) Hobby farms must comply with business licensing rules found at Chapter 10.10 TTC, Business Licenses.

(c) Hobby farms must operate entirely outside of environmentally sensitive area buffers and wellhead protection areas. If this is not possible, a Type III permit or higher is required, and mitigations or special conditions may be applied.

(d) Accessory structures and/or clearing and grading activity for a hobby farm operation may be subject to additional review and permitting. If a home occupation permit is required, these activities must comply with the home occupation code’s size limits for storage and percent of property used, TTC 7.10.060, Home occupations.

(4) Quantity of Animals.

(a) Up to four beehives may be kept on any lot under 20,000 square feet. One additional beehive is permitted for each 5,000 square feet of lot area in excess of 20,000 square feet.

(b) One small animal or domestic fowl is permitted for each 3,000 square feet of lot area.

(c) Large animals are permitted only on lots 20,000 square feet or greater. On these lots, one large animal for every 20,000 square feet of lot area is permitted.

(5) Prohibitions.

(a) Prohibited Activities. Commercial dog breeding, kennels, and large livestock breeding are prohibited on hobby farms.

(b) Prohibited Animals. Roosters, peacocks, and wild, venomous, or dangerous animals are prohibited on hobby farms.

(6) Setbacks. Structures housing animals may not be placed in required setbacks. The following additional setbacks apply:

(a) A hobby farm may not be located within 100 feet of a wellhead protection zone.

(b) Structures housing domestic fowl may not be located within 15 feet of any lot line.

(c) Beehives may not be located within 25 feet of any lot line.

(d) Small and large animals and the structures housing them may not be located within 25 feet of any lot line.

(7) Mitigating Impacts.

(a) Animals, including domestic fowl, must be contained within fencing.

(b) Animals, their feed, and their waste shall be properly managed so no to attract rodents or generate excessive light and glare, heat, dust, odor, drainage, or other similar impacts or hazards detectable at significant levels at or beyond the property boundary. When measured at the property line, noise generated by hobby farm activities shall not exceed the limits established in Chapter 11.10 TTC, Noise Abatement.

(c) Waste and feed shall be prevented from spilling into or otherwise impacting environmentally sensitive lands including streams, wetlands, and steep slopes. The placement of a hobby farm shall not interfere with or damage existing utilities, wells, wellhead protection areas, septic systems, drain fields, or reserve areas.

(8) Medium Density Residential Zone. The following more restrictive regulations are also applied when a hobby farm is located in the medium density residential (MR) zone:

(a) Large animals are permitted only on lots 40,000 square feet or greater. On these lots, one large animal for every 40,000 square feet of lot area is permitted. [Res. 2023-382].

7.10.120 Short-term rentals.

(1) Purpose. The purpose of this code is to allow for economic gain with permitting oversight and development standards that apply to appropriate zones and provide a regulatory framework to prevent negative impacts from short-term rentals. The standards in this section are intended to balance the economic opportunity created by short-term rentals with the need to maintain the Reservation’s housing supply and protect the rights and safety of owners, guests, and neighbors.

(2) Applicability.

(a) Zones Permitted. A short-term rental (STR) may operate in all zones allowing a residential use.

(b) Prohibitions. STRs are prohibited for the following:

(i) Parcels with structures and/or bulkheads encroaching on Tulalip tidelands without a lease.

(ii) Operating without an annual Tulalip business license.

(iii) Dwelling units on Tulalip leased property, unless specifically authorized by the Tribal Board of Directors.

(iv) Dwelling units subsidized through Tribal, State, or Federal programs.

(v) On-site signs or advertising for STRs.

(vi) Events hosting more than the allowable occupancy without a separate special events permit (TTC 7.10.140).

(3) Requirements.

(a) Water, Sewer, and Septic. STRs are required to have adequate water and or sewer and septic services.

(i) An applicant must provide an as-built septic design and a copy of an up-to-date septic system inspection with their permit application.

(ii) These documents must support the proper functioning and rental capacity and use as advertised.

(iii) Additional rental limits or capacity restrictions may be implemented if septic over use and/or environmental or public health concerns are identified.

(b) Duration. STRs may be rented for up to 30 consecutive nights.

(c) Dwelling Unit Use. An STR may be permitted in an entire dwelling unit or in a portion of a dwelling unit.

(d) Accessory Dwelling Units. An STR may be permitted for either a primary dwelling unit or an accessory dwelling unit, but not both.

(e) Owner Occupation.

(i) Both hosted and unhosted STRs are allowed.

(ii) If an STR is permitted for either a primary dwelling unit or an accessory dwelling unit, one unit must be occupied by the operator.

(f) Owner Permissions.

(i) Operators must have written property owner or landlord permission to operate an STR.

(ii) A long-term tenant who has signed at least a 270-day lease may serve as a short-term rental operator. The property owner must serve as a co-applicant on the tenant’s permit and Tulalip business license application.

(g) Local Contact Person.

(i) The name, address, and telephone number(s) of a local contact person who is responsible for the STR must be:

(A) Submitted with the STR permit application and the Tulalip business license.

(B) Provided to all STR guests during their stay.

(ii) The local contact person must live within an hour’s drive of the STR.

(iii) Any changes to the name, address, or telephone number(s) of the local contact person must be submitted to the Planning Department within one month of the change(s) or with a Tulalip business license renewal, whichever is sooner.

(iv) The local contact person must be available 24 hours a day to ensure that the STR is maintained and operated per the requirements in this section.

(v) The local contact person can be the operator or a designee of the operator.

(h) Number of Short-Term Rentals per Operator.

(i) Operation of an STR is limited to no more than one per:

(A) Individual; or

(B) Family living together; or

(C) Domestic partnership; or

(D) Those living as a family unit and/or acting as a principal in any business entity that has ownership of a residential unit.

(ii) Assigning ownership and/or application for short-term rental use to separate individuals that are living together as a family, in a domestic partnership, or living as a family unit as a means of exceeding this limitation is not permitted.

(iii) A tenant’s short-term rental permit counts toward the permit cap of one short-term rental permit for both the tenant and property owner.

(i) Advertised Occupancy.

(i) Advertising of an STR must accurately reflect the number of bedrooms and occupancy load allowed by the STR permit, which will be based on the International Building Code.

(ii) Rooms without code compliant ingress and egress windows cannot be listed as bedrooms or counted toward the sleeping capacity of the rental.

(iii) The number of guests allowed on the property is restricted to the occupancy number advertised.

(j) Smoke Detectors and Carbon Monoxide Alarms. Operators must comply with building code regulations regarding the installation of smoke detectors and carbon monoxide alarms in the STR.

(k) Parking.

(i) STRs must allocate one off-street parking space per STR bedroom.

(ii) Use of overnight on-street parking is prohibited.

(l) Quiet Hours. Quiet hours between 10:00 p.m. and 7:00 a.m. must be posted on site in the STR and must be enforced by the property owner, operator, or designated local contact person while guests are staying in the STR.

(m) Tideland Restrictions. Operators must communicate to guests the specific access and use restrictions which apply to Tulalip Tribes tidelands.

(n) Posted Information. Operators must post the following information inside the STR and maintain it so that it is current and accurate:

(i) Current Tulalip business license;

(ii) The short-term rental street address;

(iii) The emergency contact information for summoning police, fire, or emergency medical services;

(iv) The floor plan indicating fire exits and escape routes;

(v) The maximum occupancy limits;

(vi) The contact information for the operator or designated local contact person;

(vii) How to safely enter and exit the property, especially under adverse weather conditions;

(viii) The location of off-street parking spaces;

(ix) How to dispose of trash and recycling (e.g., all trash must be in proper containers, and trash containers cannot be visible except on designated collection days);

(x) Hours of operation, including quiet hours (10:00 p.m. – 7:00 a.m.) and a reminder to be courteous to neighbors with regards to noise, music, etc.;

(xi) Additional guest responsibilities, including prohibitions on littering and trespassing on private property;

(xii) Tribal tidelands access and use restrictions; and

(xiii) The consequences for failing to comply with these standards (e.g., fine, citation, and/or expulsion from the property).

(o) Additional Conditions. STRs may be subject to additional permit and Tulalip business license conditions including, but not limited to:

(i) Landscape screening.

(ii) Additional parking requirements.

(iii) Occupancy restrictions.

(iv) Minimum rental limits.

(v) Noise curfews.

(vi) Posting of rules for guests.

(vii) Advertising changes.

(viii) Compliance plans to prevent or address potential or current code violations..

(4) Permits Required.

(a) Establishment of an STR requires a Type III administrative permit.

(b) Operation of an STR requires a Tulalip business license.

(i) A Tulalip business license must be renewed annually.

(ii) Operators must obtain and document annual fire, life safety, and septic inspections.

(iii) Annual inspections and permit compliance review are required as part of the business license renewal to ensure compliance with existing permit conditions and STR requirements.

(iv) It shall be the responsibility of the applicant to submit materials two months prior to the end of the renewal period. Failure to submit materials within the time specified shall automatically void the approval. [Res. 2023-382].

7.10.130 Event-based business use.

(1) Applicability.

(a) Includes wedding venues, agritourism, and any other business use that includes regular paid admission or fee for service, classes, tours, or other private events.

(b) Does not include one-time special events with paid admission and/or private events or garage sales exempt under TTC 7.10.060, Home occupations. Minimum parcel size for event-based business uses is four and one-half acres.

(2) Permit Requirements and Criteria. An event-based business use requires either an administrational conditional use or conditional use permit and is subject to the following requirements:

(a) A business license.

(b) A certificate of occupancy.

(c) A food permit, if the intent is to serve food at the event.

(d) A liquor license, if the intent is to serve liquor at the event.

(e) A license to operate fireworks compliant with Chapter 10.25 TTC, Fireworks, if the intent is to operate fireworks at the event.

(f) All structures used for event based business and those used by the public must be permitted and or exempt under the International Building Codes.

(g) Sufficient sanitation facilities, including the temporary use of portable self-contained toilet facilities, and hand washing facilities.

(h) Sufficient off-street parking spaces to serve the maximum number of event patrons must be provided. No on-street parking is allowed for special events. Events must be advertised and managed to fit within this capacity. This may include a traffic study and or traffic control plan.

(i) Mitigation to limit sound amplification to adjacent properties.

(j) Landscape screening to minimize adverse impacts on adjacent properties.

(k) Tidelands restrictions communicated to event attendees, explaining the specific access and use restrictions which apply to Tulalip Tribes tidelands.

(3) Additional Submittal Requirements. An event-based use requires the following additional items with submittal of an administrative conditional or conditional use application:

(a) A narrative description of the event, including its purpose, anticipated hours of operation, anticipated number of attendees, and steps that will be taken to ensure all requirements listed above are met and that the event will have no significant adverse impact on surrounding land uses and activities.

(b) A site plan that includes all structures on the property and areas proposed for event activities, parking, access, storage, signs, lighting, sanitation, and screening as applicable.

(c) A floor plan of the structure in which the event will be held that includes the size of all rooms, the location of restrooms, ADA accessibility, and the location of any on-site kitchen facilities.

(4) Burden of Proof. The applicant has the burden of proving that the proposed administrative conditional, or conditional use meets all the decision criteria required by this title. [Res. 2023-382].

7.10.140 Special event.

(1) Applicability.

(a) Includes one-time special events with paid admission and/or private events or garage sales not exempt under the home occupation code. Minimum parcel size for event-based business uses four and one-half acres.

(2) Permit Requirements and Criteria. A use and occupancy permit is require for special events and must meet the following general criteria:

(a) A business license and proof of insurance.

(b) A food permit, if the intent is to serve food at the event.

(c) A liquor license, if the intent is to serve liquor at the event.

(d) A license to operate fireworks compliant with Chapter 10.25 TTC, Fireworks, if the intent is to operate fireworks at the event.

(e) All permanent structures used for event and those used by the public must be permitted and or exempt under the International Building Code. Occupancy loads for permeant structures must be listed and followed.

(f) Sufficient sanitation facilities, including the temporary use of portable self-contained toilet facilities, and hand washing facilities.

(g) Sufficient off-street parking spaced to serve the maximum number of event patrons must be provided. No on-street parking is allowed for special events.

(h) Mitigation to limit sound amplification to adjacent properties.

(i) A traffic control plan to manage traffic associated with the event.

(j) Tidelands restrictions communicated to event attendees, explaining the specific access and use restrictions which apply to Tulalip Tribes tidelands.

(3) Additional Submittal Requirements. A special event requires the following additional items with submittal:

(a) A narrative description of the event, including its purpose, anticipated hours of operation, anticipated number of attendees, and steps that will be taken to ensure all requirements listed above are met and that the event will have no significant adverse impact on surrounding land uses and activities.

(b) A site plan that includes all structures on the property and areas proposed for event activities, parking, fencing, access, storage, signs, lighting, sanitation, and temporary screening as applicable.

(c) A floor plan of the structure in which the event will be held that includes the size of all rooms, the location of restrooms, ADA accessibility, and the location of any on-site kitchen facilities. [Res. 2023-382].