Chapter 14.44
SUPPLEMENTARY USE REGULATIONS

Sections:

Part I.    General Provisions

14.44.010    Mixed Use

14.44.015    Repealed

14.44.020    Repealed

14.44.025    Model Homes

14.44.030    Development within Adopted Subareas

14.44.035    Repealed

14.44.038    Temporary Encampments

14.44.040    Temporary Emergency, Construction, or Repair Residences

14.44.044    Storage Facilities

14.44.045    Accessory Dwelling Units (ADU)

14.44.048    Temporary Public Structures

14.44.050    Repealed

14.44.060    Repealed

14.44.064    Tourist Homes

14.44.065    Accessory Apartment in Industrial Zones

14.44.070    Recreational Park Trailers and Recreational Vehicles (RV) Regulations

14.44.074    Over- and In-Water Structures (Docks, Boathouses, Etc.)

14.44.075    Farm Animals

14.44.080    Mobile Sales and Delivery

14.44.085    Mobile Food Vendors

14.44.090    Planned Business District

14.44.095    Repealed

14.44.097    Marijuana Facilities

Part II.    Grading, Filling, and Excavation

(Repealed by Ord. 1015)

Part III.    Manufacturing/Processing Performance Standards

14.44.200    [Intentionally Blank]

14.44.210    Noise

14.44.220    Vibration

14.44.230    Odors

14.44.240    Smoke and Air Pollution

14.44.250    Disposal of Liquid and Hazardous Wastes

14.44.260    Water Consumption

14.44.270    Electrical Disturbance or Interference

Part IV.    Design

14.44.300    Repealed

14.44.310    Repealed

14.44.320    Repealed

14.44.330    Location of Parking in Multifamily Structures

14.44.340    Site Design in the Central Business and Mixed Use Districts

14.44.350    Drive-Through Windows

14.44.360    Repealed

14.44.370    Repealed

14.44.380    Repealed

14.44.390    Repealed

14.44.400    Repealed

14.44.410    Repealed

14.44.420    Repealed

Part V.    Multifamily Apartments Annexed into the City

14.44.500    Authority

14.44.510    Conditional Use Permit Required

14.44.520    Additional Requirements

Part I.    General Provisions

14.44.010 Mixed Use.

(a)    Where new structures or the addition of more than 50 percent of the existing floor area is proposed within any 12-month period, a mix of uses in the following configuration is required:

(1)    One-story structures: residential uses not allowed.

(2)    Two-Story Structures.

(i)    First floor: residential uses not allowed.

(ii)    Second floor: residential and nonresidential uses allowed.

(3)    Three-Story and Larger Structures.

(i)    First floor: residential uses not allowed.

(ii)    Second floor: residential and nonresidential uses allowed.

(iii)    Third floor and higher: only residential uses allowed.

(b)    Cottage housing developments shall be permitted in the Mixed Use zone if proposed as part of the overall development concept, which includes one or more commercial uses, and each commercial use is built before or at the same time as the cottage housing development portion of the site. A minimum of 50 percent of the total square footage of the site shall be developed in mixed use. (Ord. 798, Sec. 4, 2009; Ord. 676, Sec. 30, 2003; Ord. 662, Sec. 2, 2002; Ord. 468, 1995)

14.44.015 Residential Transition in the Central Business District.

Repealed by Ord. 1027. (Ord. 588, 1998)

14.44.020 Planned Residential Developments.

Repealed by Ord. 1069. (Ord. 1068, Sec. 2 (Exh. B), 2019; Ord. 903, Sec. 31, 2013; Ord. 746, Sec. 5, 2007; Ord. 741, Sec. 6, 2007; Ord. 639, Sec. 3, 2001; Ord. 579, 1998; Ord. 501, Sec. 9, 1995; Ord. 468, 1995)

14.44.025 Model Homes.

(a)    Model home building permit applications for a limited number of model homes, in an approved preliminary subdivision, shall be granted by the Community Development Director or designee prior to final subdivision approval and recording in accordance with Chapter 14.18.

(1)    For short plats consisting of a subdivision of nine or fewer lots, the maximum number of model home building permits allowed shall be two or 20 percent of the total number of single-family residences proposed, whichever is less. For all other subdivisions, the maximum number of model home permits allowed shall be six or 20 percent of the total number of single-family residences planned for the development, whichever is less. In cases where the application of the 20 percent restriction creates a fraction, the number of model homes permitted shall be rounded up to the nearest whole number.

(2)    An applicant who has received preliminary subdivision approval is eligible to apply for one or more building permits for model homes upon demonstrating the following:

(i)    The applicant for the model home, if different than the owner and applicant for the approved preliminary plat, shall provide a document signed by the owner demonstrating that the applicant has a real or possessory interest in the property on which the model home will be constructed.

(ii)    The applicant shall have submitted and received approval of the construction plans, including water, sewer and storm sewer extensions to serve the model homes to be constructed.

(iii)    Permanent or temporary retention/detention facilities that serve the lots where the model homes are to be constructed shall be in place or approved for construction.

(iv)    Any street improvement required as a condition of preliminary subdivision approval, which is designed to provide access to the model home lots from an existing public street, shall be constructed to the final alignment and subgrade from such public street to the model lots (but not including the required curb, gutter, sidewalk or paving). The access street shall meet the requirements of Chapter 14.56 and be constructed in accordance with the current EDDS.

(v)    All mitigation fees shall be due and payable at the time of issuance of a residential building permit for model homes, unless deferred pursuant to Chapter 14.124.

(vi)    Fire protection must be available to any lot proposed for construction of a model home.

(vii)    To ensure an adequate variety of homes is displayed for sales promotion and to encourage quality neighborhood design, no two model homes within a subdivision shall be identical or almost identical, but should outwardly display a range of available model home options.

(viii)    The application for the model home must be submitted at least 60 days prior to the date of preliminary subdivision expiration.

(ix)    Any amendment proposed to an approved preliminary subdivision due to the subsequent placement of a model home shall be processed as the original preliminary plat approval, with no variances allowed.

(b)    The following information is required in addition to a residential building permit application:

(1)    Title certificate demonstrating ownership interest in the property on which the model home will be constructed.

(2)    Building site plan(s) showing the location(s) of the proposed model home(s); distances from the proposed final subdivision lot lines; all existing, required or proposed easements; and the separations required therein.

(3)    One dark line print of the proposed final subdivision.

(4)    A statement signed by the applicant in which the applicant agrees to indemnify and hold harmless the City from any damages, direct or indirect, as a result of its approval of the construction of model homes; and agreeing to restore the site to its condition prior to construction of the model home(s) and their associated structures and improvements should the plat not be recorded.

(5)    Payment of a model home review fee as set forth in the City’s adopted fee resolution in place at the time of application for a model home permit.

(c)    Occupancy of model homes is limited as follows:

(1)    No model home shall be occupied for residential use prior to the recording of the final plat.

(2)    Model homes used as temporary real estate offices shall obtain a temporary use permit in accordance with Section 14.16C.110 subject to the conditions of Section 14.16C.110(c)(3).

(3)    One additional preliminarily approved lot may be used to furnish off-street parking provided a hard surface approved by the Public Works Director or designee is installed. This provision is not intended to increase the total number of model homes permitted under subsection (a)(1) of this section. (Ord. 1019, Sec. 2 (Exh. A), 2018)

14.44.030 Development within Adopted Subareas.

Developments within adopted subareas are subject to the regulations found in the standard municipal code requirements of this title, except when modified by subarea specific regulations in Chapter 14.38. (Ord. 876, Sec. 20, 2012)

14.44.035 Cottage Housing Developments.

Repealed by Ord. 1080. (Ord. 798, Sec. 5, 2009)

14.44.038 Temporary Encampments.

An application for a temporary encampment will be reviewed and decided upon by the Director of Planning and Community Development or designee and must meet the following standards (“Planning Director” as used in this section shall mean the Director of Planning and Community Development or designee):

(a)    Regulations Established.

(1)    Regulations concerning the establishment and processing of applications for temporary encampments in the City are hereby established. Establishing such facilities contrary to the provisions of this chapter is prohibited. Temporary use permits shall be required for temporary encampments in the City.

(2)    If a temporary encampment is established in violation of this chapter or if, after the temporary use permit is issued, the Planning Director determines that the permit holder has violated this chapter or any condition of the permit, the temporary encampment, its sponsor and managing agency shall be subject to code enforcement and all activities associated with the temporary encampment shall cease, and the site shall be vacated and restored to its pre-encampment conditions.

(b)    Duration, Frequency, Location, and Permits Required.

(1)    No temporary encampment shall operate within the city of Lake Stevens for more than 90 consecutive calendar days, except that the Planning Director may allow up to five additional days to accommodate moving onto or off the site on which the temporary encampment is/was being operated. No extensions beyond 90 days are allowed.

(2)    Only one temporary encampment shall be allowed within the City limits at any one time, and no less than 275 days must pass between the occupancy of each temporary encampment.

(3)    Only an established religious organization may be a sponsor.

(4)    The temporary encampment shall be located on the sponsor’s property.

(5)    All temporary encampments shall obtain, prior to occupancy, all applicable City of Lake Stevens permits, licenses and approvals, and shall obtain any other applicable permits, licenses and approvals required by other agencies. A temporary encampment permit shall be processed as a Type II application, unless specifically modified by this section, and submitted with the appropriate fee as set forth in the City of Lake Stevens fee schedule.

(c)    Application. A sponsor for a temporary encampment use permit shall submit all the following, unless modified by the Planning Director:

(1)    Application form for a temporary encampment use permit;

(2)    A site plan, which extends 50 feet beyond the proposed site’s property boundaries, drawn to scale showing all the following:

(i)    All existing structures;

(ii)    Existing parking stalls;

(iii)    Parking stalls proposed to be unavailable for parking vehicles during the temporary encampment;

(iv)    All proposed temporary structures;

(v)    Proposed electrical and plumbing connections;

(vi)    Location of trash receptacles, including trash dumpsters;

(vii)    Location of toilets and other sanitary facilities, and the frequency by which they will be cleaned;

(viii)    Method for providing and location and details of any proposed connection to wastewater, potable water, stormwater, electrical supply, or other public or private utility systems;

(ix)    Proposed and existing ingress and egress;

(x)    Proposed screening detail;

(xi)    Any permanent alterations on the lot to the site or structures;

(xii)    A designated smoking area; and

(xiii)    Access routes for emergency vehicles;

(3)    Proposed fencing, vegetative screen or other screening detail or a typical section of same;

(4)    Written authorization from the sponsor on whose property the temporary encampment is to be located;

(5)    A copy of any agreements with other parties regarding use of parking, either on site or off site;

(6)    A copy of any agreement between the sponsor, the managing agency, and any schools and/or child care services;

(7)    A copy of the code of conduct;

(8)    The sponsor shall provide the following neighborhood meeting documentation:

(i)    The date, time, and location of the meeting;

(ii)    Contact information for all persons representing the managing agency and sponsor at the meeting;

(iii)    A summary of comments provided for the meeting attendees by the sponsor, managing agency or sponsor prior to or during the meeting;

(iv)    A summary of comments received from meeting attendees or other persons prior to or during the meeting; and

(v)    Copies of documents submitted or presented at the meeting;

(9)    The transportation and security management plans;

(10)    Any other information deemed necessary by the Planning Director to protect public health and safety for the processing of a temporary encampment use permit; and

(11)    Application filing fees in an amount established by City resolution.

(d)    Permit Process Requirements.

(1)    Notice of Application. The City shall provide a notice of application in accordance with Section 14.16B.225, except the notice shall be mailed out to all property owners within 500 feet of the property upon which the temporary encampment is proposed.

(2)    A public meeting shall be held in accordance with the procedures for a Type III application in Section 14.16B.325:

(i)    Prior to the public meeting, a representative of the sponsor and managing agency shall meet and confer with the following entities regarding the public meeting and any proposed security measures for the temporary encampment: the Lake Stevens Police Department; the administration of any public or private elementary, middle, junior high, or high school; and the operators of any properly licensed child care service, within 500 feet of the boundaries of the proposed site, and unaffiliated with the sponsor.

(ii)    At the public meeting, a representative of the sponsor and managing agency shall present, both in writing and orally, the proposed temporary encampment location, timing, site plan, code of conduct, encampment concerns, and a security management plan. The presentation shall also include copies of all previously submitted comments received on the proposed temporary encampment, including comments from neighbors (whether they received notice of the neighborhood meeting or not) the Lake Stevens Police Department, schools, and child care services. Copies of the agenda and the other specified comments and materials shall be provided by the sponsor at the meeting. The meeting shall be conducted on the proposed temporary encampment site whenever feasible.

(3)    Outstanding Warrant and Sex Offender Checks. Sponsor’s and managing agencies shall use identification and take all reasonable and legal steps to obtain warrant and sex offender checks from the Snohomish County Sheriff’s Office, the Washington State Patrol, or other law enforcement agency of competent jurisdiction (collectively the “warrant check”) for all proposed temporary encampment residents. For temporary encampment residents initially moving onto the site with the temporary encampment, the warrant check must be completed at least seven days prior to the temporary encampment moving onto the site. For residents moving into the temporary encampment during the permit period, the warrant check must be completed on or before the date that the new resident moves on site. If a warrant check reveals a temporary encampment resident or prospective resident is or is required to be a registered sex offender or has an active warrant for his/her arrest, the managing agency or sponsor shall immediately contact and so advise the Lake Stevens Police Department. The sponsor and/or managing agency shall be responsible for verifying and ensuring that the warrant checks timely occur for each resident.

(e)    Parking, Transportation, and Security.

(1)    Parking.

(i)    Each site upon which a temporary encampment is operated must provide or have available a parking and vehicular maneuvering area.

(ii)    A temporary encampment and the parking of any vehicles associated with a temporary encampment shall not displace the sponsor site’s parking lot in such a way that the sponsor site no longer meets the minimum or required parking of the principal use as required by code or previous approvals unless an alternative parking plan has first been approved by the Planning Director.

(iii)    The use of vehicles, including recreational vehicles as a location for sleeping is not allowed.

(2)    Transportation Plan.

(i)    The sponsor or managing agency shall submit a plan with the permit application demonstrating the ability for residents to obtain access to methods of communication and services such as grocery, supplies, and medical care.

(ii)    The plan shall provide for a means of transportation to an appropriate public transportation stop and include any proposed alternative means of transportation such as private or volunteer shuttle service and/or reasonable bicycle/pedestrian paths.

(3)    Security Management Plan.

(i)    The sponsor or managing agency shall submit a plan with the permit application demonstrating security measures, site specific or otherwise, necessary to ensure the safety of the residents of the temporary encampment and the public.

(ii)    At a minimum, the plan shall specify the following:

a.    The person or entity responsible for providing security and the location of an on-site management/security tent that will be staffed 24 hours a day for the duration of the encampment;

b.    The type of security to be used, e.g., private security firm, volunteers, or other means; and

c.    Recommendations and/or requirements provided by the Police Department.

(iii)    The sponsor will appoint a designated representative to serve on-duty as a temporary encampment manager at all times and serve as a point of contact for the Police Department and will orient the Police as to how the management/security tent operates. The names of the on-duty designated representative will be posted daily in the management/security tent.

(f)    Timing Plan. The sponsor or managing agency of the temporary encampment shall be required to submit a plan outlining, at a minimum, the move-in and move-out procedures that will be implemented and followed to ensure compliance with the duration and frequency requirements above.

(g)    Additional Approval Criteria for Temporary Encampment.

(1)    Code of Conduct. The sponsor or managing agency shall ensure enforcement of a code of conduct at the encampment site. Sponsor shall have a code of conduct that articulates the rules and regulation of the encampment and demonstrates mitigation of impacts to neighbors and the community. These rules shall include, at a minimum, the following prohibitions:

(i)    No possession, consumption, or use of alcohol, marijuana and/or illegal drugs;

(ii)    No weapons;

(iii)    No violence;

(iv)    No loitering in the surrounding neighborhood;

(v)    Quiet hours;

(vi)    No open flames;

(vii)    No trespassing onto private property in the surrounding neighborhoods.

(2)    Maximum Number of Residents.

(i)    The sponsor shall keep a cumulative list of all residents who stay overnight in the encampment, including names and dates. The list shall be kept on site for the duration of the encampment. The sponsor shall provide an affidavit of assurance with the permit submittal package that this procedure is being met and will continue to be updated during the duration of the encampment.

(ii)    The maximum number of residents at a temporary encampment site shall be determined by taking into consideration site conditions, but shall in no case be greater than 50 residents at any one time. Any proposed site shall meet the site requirements in subsection (g)(3)(i) of this section and be of sufficient size to support the activities of the temporary encampment without overcrowding of residents.

(3)    Site Requirements.

(i)    The minimum usable site area for a temporary encampment shall be: 7,500 square feet. The usable site area may be a combination of contiguous parcels in the same ownership of the sponsor.

(ii)    Tents and supporting facilities within an encampment must meet 20-foot setbacks from neighboring property lines or rights-of-way except for properties under the same ownership as the host agency. Setbacks to neighboring property lines may be reduced by the Planning Director to a minimum of five feet if it can be determined that the reduction will result in no adverse impact on the neighboring properties, considering site conditions that extend along the entire encampment area, including but not limited to:

a.    Topography changes from adjoining property;

b.    Visually solid, minimum six-foot height, intervening structures;

c.    Distance from nearest structure on neighboring property;

d.    Vegetation that creates a visual screen.

(iii)    Encampment facilities, improvements, activities, and uses must located outside critical areas and required buffer as provided for in Chapter 14.88.

(iv)    The property is not an unopened public right-of-way; or designated as a park, playground, viewpoint, or multi-use trail by the City, Snohomish County or other governmental agency.

(v)    Screening of Activities. Where deemed necessary by the Planning Director, activities of the transitory accommodation shall be obscured from view from adjacent properties, by a six-foot-high sight-obscuring fence, existing dense vegetation, existing topographic difference, distance from exterior property lines, or other means, to the maximum extent feasible.

(vi)    Exterior lighting must be directed downward and glare contained within the temporary encampment.

(vii)    A fire permit is required for all tents over 400 square feet. Fire permit fees are waived.

(viii)    All tents must be made of fire resistant materials and labeled as such.

(ix)    Provide adequate number of 2A-10BC rated fire extinguishers so that they are not more than 75 feet travel distance from any portion of the complex. Recommend additional extinguishers in cooking area and approved smoking area.

(x)    Emergency vehicle access to the site must be maintained at all times.

(xi)    Members of the temporary encampment shall monitor entry points at all times. A working telephone shall be available to ensure the safety and security of the temporary encampment at all times.

(4)    Health and Welfare Requirements. The sponsor and/or managing agency shall meet all applicable public health regulations, including but not limited to the following:

(i)    Sanitary portable toilets, which shall be set back at least 25 feet from all property lines, or access to indoor restroom facilities. One portable toilet shall be provided for each five residents of the encampment with at least one accessible portable toilet, unless existing facilities on the property have capacity and are available for use by the residents of the encampment on a 24-hour basis. All portable toilets are to be serviced a minimum of once per week and more often if deemed necessary based on usage. If portable toilets are being used, an executed contract between the sponsor and the portable toilet company must be submitted, prior to the issuance of the temporary encampment permit, that will provide the necessary number of toilets and provide for the delivery, regular maintenance and removal for the entire length of proposed temporary encampment;

(ii)    Hand-washing stations by the toilets and food preparation areas, or access to indoor facilities;

(iii)    Food preparation areas or service tents, or access to indoor facilities;

(iv)    Refuse receptacles facilities for dealing with trash shall be provided on site throughout the encampment. All trash receptacles shall be emptied weekly and more often if deemed necessary based on usage. A regular trash patrol in the immediate vicinity of the temporary encampment site shall be provided;

(v)    Public health guidelines on food donations and food handling and storage, including proper temperature control, shall be followed and temporary encampment residences involved in food donations and storages shall be made aware of these guidelines consistent with the Snohomish Health District requirements;

(vi)    Smoking in designated areas only; these areas must be a minimum of 200 square feet and a minimum of 25 feet from any neighboring residential property. Provide ashtrays in areas approved for smoking;

(vii)    The sponsor and/or managing agency shall provide a plan for the social welfare of those residing within the camp. The plan should include provisions for substance addiction and mental health counseling services, unemployment assistance and low-income housing assistance;

(viii)    The encampment shall permit inspections by City, Snohomish Health District, and Fire Department, and any other local, State, or Federal agency having jurisdiction to determine compliance with the permit conditions inspectors at reasonable times during the permit period without prior notice to ensure compliance with the conditions of the permit. The sponsor shall implement all directives resulting from such inspections within 48 hours, unless otherwise noted;

(ix)    No children unaccompanied by a parent or legal guardian under the age of 18 are allowed in the temporary encampment. If a child under the age of 18 attempts to stay at the temporary encampment without a parent or legal guardian, the sponsor or managing agency shall immediately contact Washington State Department of Social Health Services Child Protective Services or its successor; and

(x)    Given the density and abundance of flammable materials at temporary encampments, temporary encampments shall conform to the following fire requirements:

a.    There shall be no open fires for cooking without pre-approval by the Fire Marshal and no open fires for heating. Open fires for cooking and heating shall occur in designated areas only;

b.    Fire safety and air quality burn bans issued by the Fire Marshal, Puget Sound Clean Air Agency, or Department of Natural Resources shall be observed. Open fires declared to be a nuisance shall be extinguished following an order from any fire district, law enforcement or City agent;

c.    No heating appliances within the individual tents are allowed without pre-approval by the Fire Marshal;

d.    No cooking appliances are allowed in individual tents;

e.    An adequate number, with appropriate rating, of fire extinguishers shall be provided as approved by the Fire Marshal;

f.    Adequate access for fire and emergency medical apparatus shall be provided, and remain clear for the duration of the temporary encampment. This shall be determined by the Fire Marshal;

g.    Adequate separation between tents and other structures shall be maintained as determined by the Fire Marshal;

h.    Electrical service shall be in accordance with the National Electrical Code and NFPA 70. Electrical service for the temporary encampment may require pre-approval from Labor and Industries. Electrical cords must be approved for exterior use by the Fire Marshal;

i.    A temporary encampment site plan and fire and life safety communication plan shall be provided with all temporary encampment permit applications for review by the Fire Marshal; and

j.    Applicable requirements of the International Fire Code. Approval and determination by the Fire Marshal for the above requirements shall be consistent with the scope, purpose and intent of the International Fire Code and applicable national standards.

(5)    Encampment Removal.

(i)    The sponsor and/or managing agency shall provide before-encampment photos of the host site with the application. Upon vacation of the temporary encampment, all temporary structures and debris shall be removed from the host site within one calendar week. At expiration of the permit, the sponsor or managing agency shall restore the property to the same or similar condition as at permit issuance.

(ii)    The sponsor and/or managing agency shall provide a financial security on a form acceptable to the City Attorney and in an amount approved by the Director, sufficient to ensure the restoration of the property to pre-camp conditions. The financial security shall not be released until the subject property is restored to the same or improved pre-camp condition and has been inspected by the City’s code enforcement officer in coordination with other affected departments.

(h)    Planning Director’s Decision.

(1)    Purpose. The Planning Director shall review the proposal to ensure compliance with the provisions of this chapter and all other applicable law, to ensure that the health, safety and welfare of the citizens of the City is preserved in accordance with the Washington State’s public duty doctrine, and to provide an expedient and reasonable land use review process for decisions and interpretations of this chapter.

(2)    Planning Director Authority. The Planning Director may modify the submittal requirements as deemed appropriate to achieve the purpose stated above. In addition, because each temporary encampment has unique characteristics, including but not limited to size, duration, uses, number of occupants and composition, the Director shall have the authority to impose conditions to the issuance of the permit for temporary encampments to mitigate effects on the community upon finding that said effects are materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. Conditions, if imposed, must relate to findings by the Director, and must be calculated to minimize nuisance generating features in matters of noise, waste, air quality, unsightliness, traffic, physical hazards and other similar matters that the temporary encampment may have on the area in which it is located.

    In cases where the application for a temporary encampment does not meet the requirements and standards of this chapter or adequate mitigation may not be feasible or possible, the Director shall deny issuance of a temporary encampment permit.

(3)    Notice of Decision. The Planning Director shall notify the sponsor of his or her decision to approve, modify or deny the application within a timely manner. The Planning Director’s decision is an administrative action and is appealable to the Hearing Examiner pursuant to Section 14.16B.250.

(i)    Permit Condition Violation and Permit Revocation. Upon a determination that there has been a violation of any condition of permit approval, the Planning Director may give written notice to the sponsor describing the alleged violation pursuant to Chapter 17.20 and other applicable code authority and providing a time frame for compliance, or may instead immediately pursue available judicial or other remedies.

    The city may also issue stop work order or order to cease and desist under Chapter 17.20 is declared a nuisance and may be remedied by injunctive relief, revocation of the temporary encampment use permit and vacation of the site by the temporary encampment, or any other available remedy in law or equity.

    Additionally, the Planning Director, in addition to the remedies described herein, may revoke a temporary encampment permit for violation of any of the requirements as set forth in this section. A decision to revoke is an administrative decision that may be appealed to the Hearing Examiner pursuant to Section 14.16B.250. If the Hearing Examiner upholds the determination to revoke, the revocation may be appealed to the Snohomish County Superior Court as provided in Chapter 36.70C RCW. (Ord. 1031, Sec. 2 (Exh. A), 2018)

14.44.040 Temporary Emergency, Construction, or Repair Residences.

(a)    Temporary residences used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project.

(b)    Permits for temporary residences to be occupied pending the construction, repair, or renovation of the permanent residential building on a site shall expire within six months after the date of issuance, except that the Planning Director may renew such permit for one additional period not to exceed three months if he determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation, or restoration work necessary to make such building habitable.

(c)    When sudden, unforeseen damage occurs to a residence making it uninhabitable, thus necessitating occupancy in a temporary residence, occupancy may occur immediately provided an application for the temporary use permit is made within seven days from the first day of occupancy in the temporary residence. (Ord. 676, Sec. 31, 2003; Ord. 468, 1995)

14.44.044 Storage Facilities.

(a)    Intent. Storage facilities include characteristics common to commercial and industrial uses. This section provides regulations to help guide appropriate siting of storage facilities in the Local Business zoning district, while maintaining the desired character and function of that district. If designed appropriately, storage facilities can emulate the exterior architecture and site design of commercial or mixed-use developments, reducing inconsistencies with Comprehensive Plan goals or zoning district intent and limiting impacts to surrounding neighborhoods. Storage facilities in the Local Business zoning district shall adhere to the additional special restrictions and development standards of this section.

(b)    Applicable Location of Section 14.44.044 Regulations. Storage facilities shall be allowed in the Local Business zoning districts on roads designated as State routes or State highways.

(c)    Special Restrictions.

(1)    The storage use shall be limited in size to 25 percent coverage or less per development.

(i)    Each development is defined as the area of contiguous Local Business parcels.

(ii)    The use coverage is defined as the amount of space solely devoted to supporting the storage use on each development. This may include building footprints, drive aisles between storage facilities, loading bays, parking, landscape screening, offices and associated appurtenances. The use coverage percentage may exclude critical areas and features shared within a development like pedestrian facilities, internal access and circulation roads, and shared parking.

(d)    Design Standards.

(1)    Storage facilities shall have an outward appearance that more closely resembles a commercial or mixed-use development than a warehouse or single-story linear shed design, and shall be subject to the design review requirements of Section 14.16C.050.

(2)    Storage facilities shall include architectural and design features that promote visual compatibility with commercial or mixed-use developments. Examples of these features may include providing facade modulation; using varied or contrasting exterior building materials and detailing; screening blank walls; incorporating varied roof-lines among other features.

(3)    Storage facilities shall shield exterior lighting so as not to directly illuminate or create visible glare from adjacent residential properties subject to the requirements of Section 14.38.080.

(4)    Storage facilities are subject to the screening requirements of a Type A screen, as described in Chapter 14.76, when abutting residential zoning districts.

(i)    Open storage facilities must provide an additional Type C screen that includes trees, shrubs and ground cover or similar vegetation to screen the exterior of the open storage facility’s enclosure. (Ord. 1016, Sec. 2, 2018)

14.44.045 Accessory Dwelling Units (ADU).

The installation of an ADU in new and existing single-family dwellings shall be allowed in residential zones subject to specific development and design standards.

(a)    Purpose. The purpose of allowing ADUs is to:

(1)    Offer a means for residents to remain in their homes and neighborhoods, despite rising costs of living, while obtaining rental income, companionship, security and services.

(2)    Expand housing options for residential property owners, particularly family caregivers, adult children, aging parents, and families seeking smaller households.

(3)    Provide another means for homeowners to reinvest in and improve their residential property.

(4)    Develop housing units in single-family neighborhoods that are appropriate for people at a variety of stages in the life cycle.

(5)    Promote a broader range of affordable housing options in Lake Stevens.

(6)    Comply with RCW 43.63A.215, which requires cities with populations greater than 20,000 to include provisions for ADUs in their development regulations.

(7)    Comply with the goals and policies of the Housing Element in the Comprehensive Plan.

(8)    Protect neighborhood stability, property values, and the single-family residential appearance of the neighborhood by ensuring that ADUs are installed under the conditions of this section.

(b)    Development Standards.

(1)    The ADU may be within, attached to, or detached from the principal dwelling unit or as part of a detached garage.

(2)    Only one ADU may be constructed per residence. Residential lots with a duplex are not eligible to construct an ADU.

(3)    An ADU can be constructed to a maximum size of up to 50 percent of the principal dwelling unit’s total gross floor area, or to a maximum size of 800 square feet of total gross floor area, whichever is less.

(i)    Buildings and garages detached from the principal dwelling shall be excluded from the total gross floor area calculation.

(ii)    If the ADU is completely located on a single floor of the principal dwelling unit, the Director or designee may allow an increased size to efficiently use the floor area, so long as all other standards set forth in this section are met.

(4)    An ADU shall not be smaller than 250 square feet of gross floor area.

(5)    In High Urban Residential and Multi-Family Residential zoning districts, ADUs may only be constructed on lots larger than 125 percent of the minimum lot size for that zone.

(6)    An ADU shall not be segregated from the ownership of the principal dwelling unit through any process that would subvert state and local statutes and ordinances.

(7)    The construction of an ADU shall conform to all applicable standards in the building, plumbing, electrical, mechanical, fire and any other applicable codes, laws, rules, and regulations as adopted by the City and/or State, including but not limited to the development standards applicable to the underlying zone where the ADU is being proposed.

(8)    An ADU shall be on a foundation as regulated by the current International Residential Code.

(9)    Applicants shall obtain all necessary approvals from agencies with jurisdiction over utility infrastructure.

(10)    The construction of ADUs shall not require the construction of frontage improvements in the public right-of-way pursuant to Section 14.56.170.

(11)    For the purposes of calculating impact fees, an ADU shall be considered an apartment in the currently adopted fees resolution.

(c) Design Standards.

(1)    ADUs shall include architectural and design features that are visually compatible with single-family homes. Examples of these features may include using matching materials, colors, window style, or roof design. An ADU may be exempt from this design requirement if the structure is substantially screened from view of surrounding properties.

(2)    The privacy of dwelling units on adjacent lots and ADUs shall be protected to a reasonable extent by including a landscape screen, fencing, strategic window and door placement, or orienting the ADU to maximize privacy.

(3)    If the ADU’s primary entrance is not the same as that for the principal dwelling unit, it shall be less visible from the street than the main entrance of the principal dwelling unit, and the ADU’s stairways may not be constructed on the front of the principal dwelling unit. (Ord. 1030, Sec. 2 (Exh. B), 2018)

14.44.048 Temporary Public Structures.

Public agencies may erect and use temporary structures (e.g., portable school classrooms, civic uses, emergency command centers, health and social services centers, etc.) upon demonstrating that such a use is in the public benefit and that the use is temporary in nature. Permits for temporary public structures shall expire one year after issuance, but may be renewed annually by the Planning Director upon demonstration of demonstrated public benefit. (Ord. 468, 1995)

14.44.050 Events.

Repealed by Ord. 811. (Ord. 821, Sec. 7, 2009; Ord. 676, Sec. 33, 2003; Ord. 468, 1995)

14.44.060 Class “A,” “B,” or “C” Mobile Homes.

Repealed by Ord. 811. (Ord. 468, 1995)

14.44.064 Tourist Homes.

All tourist homes shall comply with the following standards:

(a)    Only one tourist home is allowed per site and shall be operated by the owner of the property, who shall live on site.

(b)    When located in residential zones, outward appearances of the tourist home shall be of a single-family residential structure.

(c)    The tourist home shall be owner-occupied.

(d)    Guests stay shall be limited to 10 consecutive days and a total of 30 days in any one calendar year.

(e)    In a single-family residential district, the number of rooms that may be rented shall not exceed five, or the area of said rooms shall not exceed 25 percent of the gross floor area of the house, whichever is less.

(f)    Meals provided shall be made available only to overnight guests.

(g)    In single-family residential zones, accessory buildings shall be limited to those customarily found at single-family residences.

(h)    No business activity other than providing a room and meals shall be allowed on the site. (Ord. 590, 1998)

14.44.065 Accessory Apartment in Industrial Zones.

Any accessory apartments permitted in the Light or General Industrial Zone pursuant to Use Class 1.115 shall meet the following standards:

(a)    The total number of accessory dwellings on a site shall not exceed one.

(b)    The gross floor area of an accessory apartment site shall not exceed 1,000 square feet.

(c)    The accessory apartment shall be integrated into a larger building which also houses activities for the principally permitted use.

(d)    The apartment use shall not enjoy the protection of the Manufacturing and Processing Performance Standards as contained in Part III of this chapter. (Ord. 1030, Sec. 2 (Exh. B), 2018; Ord. 606, 1999)

14.44.070 Recreational Park Trailers and Recreational Vehicles (RV) Regulations.

Recreational park trailers and recreational vehicles as defined in WAC 296-150P-0020 and 296-150R-0020 and Chapter 14.08 shall be permitted in manufactured/mobile home parks. Existing recreational park trailers and RVs within existing manufactured home/mobile home parks on or prior to the effective date of this section are exempt from the requirements listed below. As allowed by State law the following additional standards shall apply when housing governed by this section is sited:

(a)    Recreational park trailers and recreational vehicles may be installed within a manufactured home park pursuant to RCW 35A.21.312 and the requirements listed below:

(1)    Utility hookups shall meet local, State, and federal building code standards;

(2)    Recreational park trailers and recreational vehicles shall be equipped with an internal toilet and an internal shower; or the manufactured/mobile home park shall provide a common toilet and shower facility for the residents of the park;

(3)    Recreational park trailers or recreational vehicles shall be connected to the sanitary sewer system provided within the park if used as permanent residence; otherwise, waste from the unit must be disposed of at an appropriate receiving location;

(4)    The unit shall be placed on an impervious pad made of cement concrete or asphalt concrete; and

(5)    Any steps, landings, stairways, decks, and balconies (not originally attached) shall meet the requirements of the International Residential Code, shall be independently supported, and require a building permit.

(b)    Approvals.

(1)    If a recreational park trailer or recreational vehicle is to be used as a temporary residence, it must comply with the standards of Section 14.16C.110.

(2)    If a recreational park trailer or recreational vehicle is to be used as a permanent residence, it must comply with the standards of Section 14.16C.105 for a site plan review, but will be considered a Type I review. Recreational park trailers or recreational vehicles used as permanent residences are considered dwelling units subject to all applicable impact fees that apply per Chapters 14.110, 14.112 and 14.120.

(c)    Inspections. The City and/or affected agency shall inspect the installation of each recreational park trailer or recreational vehicle to determine that its installation complies with this section before residency begins.

(d)    Insignia Required. All recreational park trailers or recreational vehicles, installed within the City, shall contain the insignia of approval of the State of Washington or be exempt from said insignia, pursuant to the standards of the State of Washington for the manufacture of such homes. (Ord. 991, Sec. 2, 2017)

14.44.074 Over- and In-Water Structures (Docks, Boathouses, Etc.).

(a)    It is unlawful to erect or construct any building or structure, except for docks, outward from the shores of Lake Stevens. This section shall not prohibit the construction or maintenance of docks, or maintenance of existing boathouses built upon piling, or floating docks, provided the same have been constructed or maintained in accordance with a lawful permit or have legal nonconforming status.

(b)    All private docks shall meet the following standards:

(1)    Maximum Length. No permit may be issued for a private dock that extends beyond an imaginary line drawn between the two most adjacent legally existing docks within 300 feet on either side of the proposed dock. If no legal docks exist within 300 feet of either side of the proposed dock, then the maximum length of the dock shall be 50 feet.

(2)    Maximum Height of Decking. The maximum height of private docks shall be 30 inches above the mean high water mark.

(3)    Maximum Height of Hand Railings. The maximum height of hand railings on private docks shall be 36 inches.

(4)    Minimum Side Yard Requirements. See Section 14.48.040 (Building Setback Requirements).

(c)    All public docks shall meet the following standards

(1)    Maximum Length. No permit may be issued for a public dock that extends beyond the shore more than 150 feet.

(2)    Maximum Height of Decking. The maximum height of private docks shall be 30 inches above the mean high water mark.

(3)    Maximum Height of Hand Railings. The maximum height of hand railings on public docks shall be 42 inches.

(4)    Minimum Side Yard Requirements. See Section 14.48.040 (Building Setback Requirements). (Ord. 590, 1998; Ord. 468, 1995)

14.44.075 Farm Animals.

Farm animals are permitted in residential zoning districts, provided the following standards are met:

(a)    The keeping of animals complies with the animal regulations contained in Title 5 of the Lake Stevens Municipal Code.

(b)    Farm animals may be kept only on lots of two and one-half acres or larger except small farm animals such as rabbits, fowl, and household pets (including pot-belly pigs) may be kept on residential lots of any size, provided they are kept in a manner so as not to constitute a nuisance pursuant to Chapter 9.60 (Nuisance Activity).

(c)    Farm animals may be kept only for the personal use, whether it be for recreational, personal enjoyment, social and educational purposes or food production. Keeping of animals for commercial purposes is prohibited in residential zones, except where specifically allowed pursuant to Table 14.40-I.

(d)    Farm animals must be kept a minimum of 50 feet from any stream buffer or wetland buffer. (Ord. 903, Sec. 32, 2013; Ord. 607, Sec. 2, 1999; Ord. 468, 1995)

14.44.080 Mobile Sales and Delivery.

Mobile sales (excluding mobile food vendors) and delivery (Class 2.300 uses) are permitted in all zones. Review will occur annually in conjunction with a business license renewal. (Ord. 1096, Sec. 6, 2020; Ord. 811, Sec. 43, 2010; Ord. 468, 1995)

14.44.085 Mobile Food Vendors.

(a)    Purpose. The purpose of this section is to support local entrepreneurs, stimulate economic vitality, and provide regulations that protect public health and safety associated with the operation of mobile food vendors.

(b)    License Required. To operate a mobile food vendor unit a City business license and mobile food vending license are required. All licenses for mobile food vendors shall be valid for one calendar year.

(1)    No licenses shall be required for mobile food vendors exempt from a business license under Section 4.04.040 or associated with a City authorized event, except that subsection (d)(5) of this section applies.

(2)    All mobile food vendor licenses shall be prominently displayed upon all carts, vehicles or locations from which a mobile food vendor sells products.

(c)    Application. The submittal requirements for mobile food vending license review shall include the following:

(1)    Mobile food vendor addendum application.

(2)    A site plan depicting the following:

(i)    Vehicle ingress and egress;

(ii)    Location of the mobile vending unit, signs, and accessory equipment such as tables and canopies, if any; and

(iii)    Site conditions including property parcel lines, parking, and buildings.

(3)    Photograph of the vending unit, proposed signs, and any accessory equipment.

(4)    Copy of Snohomish Health District permit.

(5)    Evidence of current Washington vehicle registration.

(6)    Written permission from the property owner for each proposed location the mobile food vendor proposes to conduct sales of food. This includes written permission from the property owner for employees of the vending unit to use the property owner’s restroom.

(7)    Certificate of public liability insurance in an amount not less than $500,000 for injuries, including those resulting in death, resulting from any one occurrence, and on account of any one accident; property damage insurance of not less than $25,000 for damages on account of any one accident or occurrence.

(d)    General Regulations.

(1)    No portion of the vending unit may be used as sleeping quarters.

(2)    All attachments to the vending unit, including but not limited to signs, lights, overhangs and awnings, shall be maintained in such a manner as to not create a hazard to pedestrians, customers or vehicles.

(3)    Mobile food vendors shall not obstruct sidewalks, streets, access points, fire lanes, or parking lot circulation by either the location of the vending unit, its accessories, or by causing customers to congregate.

(4)    The mobile vendor shall comply with the standards set forth by the Washington State Department of Labor and Industries for electrical service to the mobile unit. Electrical lines shall not be located overhead or on the ground in any location to which the public has access.

(5)    All mobile food preparation vehicles shall possess an operational fire approval prior to operating in the City and shall comply with all Fire District standards.

(6)    Trash and Other Waste.

(i)    The mobile food vendor shall leave the site clean and vacant each day, including picking up all trash and litter generated by the mobile food vendor’s customers within 100 feet of the vending unit.

(ii)    Trash receptacles not intended for customer use shall be screened from public view and securely covered.

(iii)    The mobile food vendor shall install and maintain an adequate grease trap in the vending unit.

(iv)    Grease shall be properly disposed of per adopted Washington State health regulations.

(v)    Wastewater generated by the vending unit shall be disposed of in a proper manner and documented.

(7)    The hours of operation for mobile vending are limited to 7:00 a.m. to 11:00 p.m.

(e)    Permitted Locations.

(1)    Mobile food vending units shall be prohibited in any residential zones and abutting rights-of-way.

(2)    Mobile food vending units shall not be located within 150 feet of any restaurant without written permission from the restaurant owner. Distance shall be measured using the shortest possible straight line from the closest edge of the mobile vending unit to the closest edge of the restaurant building on the same side of the street.

(3)    Mobile food vending units are allowed on private properties, in commercial and industrial areas pursuant to Table 14.40-I, and subject to written approval from the owner and the following requirements and restrictions:

(i)    One portable pop-up tent that does not exceed 120 square feet or up to three tables with beach type umbrellas may be permitted as an accessory to the mobile vending unit. No cooking shall take place under the tent. Umbrellas and canopies must be removed at the end of the day.

(ii)    Mobile food vendor must obtain restroom use permission for employees from the property owner. Portable restrooms are not permitted on site.

(iii)    Mobile food vending unit may not diminish required off-street parking for another use.

(iv)    Vending unit shall conform to the standard front setback for the zoning district.

(v)    All temporary signage associated with the mobile vending unit shall be limited to 10 square feet.

(4)    Mobile food vending units are allowed on public properties, including parks and street rights-of-way, subject to a public property use agreement, in addition to the license requirements in this section, subject to the following requirements:

(i)    Customers shall not be served on the street side of the vending unit if parked in the public right-of-way;

(ii)    No vending unit, sign, canopy or accessory may locate in the sight distance triangle or project into the roadway so as to cause a safety hazard; and

(iii)    No vending unit may vend on any State or Federal highway.

(f)    Special Events.

(1)    Mobile food vendors may operate on private and public properties as part of an approved event permit, subject to the following:

(i)    Management of vendors, such as vendor selection, booth location and products offered, shall be the responsibility of the event sponsor. Through the event permit process, the City may regulate the location of vendors to protect the health, safety and general welfare of the public and ensure that the event does not adversely affect the ability of the City to perform its duties and functions.

(ii)    The event sponsor shall be responsible to ensure that the vendors who prepare food or beverages on or off site, and who intend to sell or serve food or beverage items to the public, have the required insurance policy as required by the City’s current insurance provider. Said insurance shall list the City of Lake Stevens as additional insured and will include the endorsement of said policy.

(iii)    The event sponsor shall be responsible to ensure that all food vendors have the necessary permits per the current Snohomish County Health District requirements or other applicable State or County regulatory agency.

(g)    Revocation of Permit. A mobile food vendor, permitted pursuant to this section, may have its license revoked, suspended, or denied subject to Section 4.04.150 if the City finds:

(1)    The vendor has violated or failed to meet the terms of this section and all other applicable sections of the municipal code or conditions of approval; or

(2)    The mobile food unit operation is detrimental to the surrounding businesses or to the public due to either appearance or conditions of the stand. (Ord. 1096, Sec. 8, 2020)

14.44.090 Planned Business District.

(a)    The Planned Business District is designed to accommodate commercial or mixed use development on sites containing sensitive resources or other sites where, due to property-specific circumstances, detailed planning would benefit all property owners involved as well as the public by allowing for comprehensive site planning and a transfer of densities among parcels in order to avoid impacts to sensitive resources.

(b)    Development of all contiguous properties within a Planned Business District shall be in conformance with a master development plan developed for each of the Planned Business Districts in conformance with subsection (g) of this section. A master development plan is an area plan adopted by the City Council, which includes single and/or multiple ownerships of parcel(s) that relate through common objectives and design elements. The boundaries of the master development plan shall be an area generally delineated by principal/inter-

mediate/minor arterial/collector streets within the PBD Zone.

(c)    The master development plan shall not create a contract or be considered as absolutely binding upon the City or adjacent owners as to future development of adjacent land (unless so specified in a separate development agreement), but shall be used as a guide to landowners, developers, and the City.

(d)    If a master development plan has not been adopted, property owners may request grading or building permits for existing or accessory structures. No new residential structures are allowed unless allowed as a permissible use pursuant to Chapter 14.40.

(e)    The master development plan for any Planned Business District may be developed either by an applicant or group of applicants working collectively or by the City. However, the City is not obligated to do so.

(f)    The master development plan shall be processed (and amended) as a conditional use permit. However, once a master development plan is adopted for a Planned Business District, all subsequent individual permitted uses shall be permitted through a site plan review and subsequent building permits and shall be consistent with the master development plan.

(g)    Master development plans shall address the following:

(1)    Site Design. A site plan for the entire Planned Business District shall be developed, indicating where the various land uses and the below listed elements will be located.

(2)    Permitted Uses. Individual residential uses consistent with Table 14.40-I may be allowed when:

(i)    An economic analysis is submitted with the master development plan application, supporting the change or mix of commercial and/or nonresidential uses and the increased need for residential development within the immediate area of the Planned Business District. The analysis, at a minimum, shall demonstrate that the potential commercial components being replaced by residential uses do not diminish the City’s overall economic viability as set forth in the goals, policies, and strategies of the Comprehensive Plan; and

(ii)    The uses proposed in the master development plan include at least five percent commercial and/or civic uses based on the total square footage of the use structure. If the exact residential square footage is not known at the time of application for the master development plan, the applicant may use 1,500 per residential unit square footage factor to calculate the required commercial and/or civic use component; and

(iii)    The residential development is proposed at a minimum of three dwelling units per acre on the site area allocated to the residential uses. A single-family residence may be permitted on sites where the property qualifies for a reasonable use provision pursuant to Sections 14.88.900 through 14.88.950. Development rights only shall be calculated using a base of three dwelling units per acre and may only be transferred to other sites within the same PBD master development plan area; and

(iv)    Multifamily apartments shall be limited to 75 percent of the total residential uses on site. This provision does not apply to mixed use structures.

(3)    Transportation and Circulation. The layout and design of all streets, rights-of-way, parking, ingress and egress, and mass transit facilities for the entire Planned Business District shall be provided.

(4)    Utilities. The layout and design of all major utility facilities, including stations, main pipes, and detention facilities shall be provided.

(5)    Recreational and Cultural Facilities. At least 10 percent of the portions of a Planned Business District that are not within sensitive areas or buffers shall be developed as usable open space. Such open space may be comprised of park space, public or private porches and patios, public trails, art facilities, or other similar uses which are intended to provide opportunities for recreational, cultural, or personal experiences.

(6)    Critical Areas. All critical areas shall be identified and protected in conformance with Chapter 14.88 (Critical Areas). A protection and mitigation program for the entire site may be developed; provided, that mitigation for approved impacts shall be required at the time of the impact, regardless of whether the impact is located on the same parcel as the mitigation.

(7)    Design. A master design concept shall be developed in conformance with the City’s development design guidelines, addressing architecture, massing, signage, streetscape, street furniture, etc. All development within the Planned Business District shall then need to conform to the design concept. Innovative design concepts may be considered and approved pursuant to the design review process in Section 14.16C.050(f), when the applicant demonstrates the overall design complies with the City’s Comprehensive Plan goals and policies. Design concepts and requirements may be administered through the master development plan and subsequent site plan review.

(8)    Landscaping. A landscaping concept shall be developed addressing plant species, design, installation, and maintenance. (Ord. 811, Sec. 44, 2010; Ord. 798, Sec. 6, 2009; Ord. 797, Sec. 5, 2009; Ord. 744, Sec. 4, 2007; Ord. 676, Sec. 34, 2003; Ord. 468, 1995)

14.44.095 Neighborhood Commercial.

Repealed by Ord. 1080. (Ord. 662, Sec. 3, 2002; Ord. 468, 1995)

14.44.097 Marijuana Facilities.

Marijuana facilities shall meet the following development standards:

(a)    All facilities must be State-licensed and comply with all requirements of State law and the Washington State Liquor and Cannabis Board’s regulations for State-licensed marijuana facilities.

(b)    No marijuana facility shall be allowed as a home occupation.

(c)    No marijuana cooperative is allowed.

(d)    In the event of any inconsistency between this section and the definitions in State law, the definitions set forth in RCW 69.50.101 to 69.50.102, WAC 314-55-010 and Section 14.08.010 shall control.

(e)    Location.

(1)    Marijuana retailers and marijuana processing facilities shall be located within a permanent structure designed to comply with the City building code and constructed under a building/tenant improvement permit from the City regardless of the size or configuration of the structure.

(2)    A marijuana production facility shall be located within a fully enclosed secure indoor facility or greenhouse with rigid walls, a roof and doors designed to comply with the City building code and constructed under a building/tenant improvement permit from the City regardless of the size or configuration of the structure.

(3)    Marijuana facilities shall not be located in mobile or temporary structures.

(4)    No State-licensed marijuana facility shall be located within 1,000 feet of the perimeter of a parcel which has at least one of the land uses listed below:

(i)    Elementary or secondary school (public or private);

(ii)    Playground;

(iii)    Recreation center or facility;

(iv)    Child care center;

(v)    Public park;

(vi)    Public transit center;

(vii)    Library;

(viii)    Any game arcade which allows admissions to persons less than 21 years of age.

(f)    Size and Number.

(1)    State-licensed marijuana producers will be limited in size to Tier 2 production facilities, pursuant to WAC 314-55-075.

(2)    The maximum amount of space allotted for State-licensed marijuana production will be limited to 70,000 square feet Citywide.

(3)    A marijuana retailer will be limited in size to 1,000 total square feet or less including sales, storage, office and other incidental spaces.

(4)    The total number of marijuana retailers shall be one.

(g)    No production, processing or delivery of marijuana may be visible to the public nor may it be visible through windows.

(h)    All fertilizers, chemicals, gases and hazardous materials shall be handled in compliance with all applicable local, State and Federal regulations. No fertilizers, chemicals, gases or hazardous materials shall be allowed to enter a sanitary sewer or stormwater sewer system nor be released into the atmosphere outside of the structure where the facility is located.

(i)    No odors shall be allowed to migrate beyond the interior portion of the structure where a marijuana facility is located. Applicants must demonstrate that adequate odor control exists on site prior to certificate of occupancy.

(j)    A City of Lake Stevens business license pursuant to Chapter 4.04 and a State license pursuant to Chapter 314-55 WAC shall be obtained prior to the start of facility operations.

(k)    All marijuana facilities shall comply with Chapter 19.27 RCW, State Building Code Act and Chapter 14.80, Building and Construction. Appropriate permits shall be obtained for all changes of use, tenant improvements, mechanical system improvements, electrical upgrades and similar work.

(l)    A State-licensed marijuana retail facility may have one sign, limited to 1,600 square inches (11.11 square feet), identifying the retail outlet by the licensee’s business name or trade name, affixed or hanging in the windows or on the outside of the premises visible to the general public from the public right-of-way, subject to issuance of a sign permit pursuant to Chapter 14.68. (Ord. 958, Sec. 4, 2016; Ord. 908, Sec. 8, 2014)

Part II.    Grading, Filling, and Excavation

(Repealed by Ord. 1015)

Part III.    Manufacturing/Processing Performance Standards

14.44.200 [Intentionally Blank]

14.44.210 Noise.

(a)    No 4.000 classification use in any permissible business district may generate noise that tends to have an annoying or disruptive effect upon (1) uses located outside the immediate space occupied by the 4.000 use if that use is one of several located on a lot, or (2) uses located on adjacent lots.

(b)    Except as provided in subsection (f) of this section, the table set forth in subsection (e) of this section establishes the maximum permissible noise levels for 4.000 classification uses in the Light Industrial and General Industrial districts. Measurements shall be taken at the boundary line of the lot where the 4.000 classification use is located, and, as indicated, the maximum permissible noise levels vary according to the zoning of the lot adjacent to the lot on which the 4.000 classification use is located.

(c)    A decibel is a measure of a unit of sound pressure. Since sound waves having the same decibel level “sound” louder or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e., whether the pitch of the sound is high or low) an A-weighted filter constructed in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches, shall be used on any sound level meter taking measurements required by this section. And accordingly, all measurements are expressed in dB(A) to reflect the use of this A-weighted filter.

(d)    The standards established in the table set forth in subsection (e) of this section are expressed in terms of the equivalent sound level (Leq), which must be calculated by taking 100 instantaneous A-weighted sound levels at 10-second intervals (see the administrative guideline entitled “Guide for Noise Levels,” Section F-1) and computing the Leq in accordance with the table set forth in the administrative guideline entitled “Guide for Noise Levels,” Section F-2.

(e)    Table 14.44-I: Maximum Permitted Sound Levels, dB(A).

 

Table 14.44-I: Maximum Permitted Sound Levels, dB(A) 

Zoning of Lot Where 4.000 Use Located

(re: 0.0002 Microbar) Zoning of Adjacent Land

Residential and PND

NC, LB, CBD, MU, PBD, SRC

LI

GI

7:00 a.m. - 9:00 p.m.

9:00 p.m. - 7:00 a.m.

LI & GI

60

50

65

70

70

(f)    Impact noises generated by sources that do not operate more than one minute in any one-hour period are permissible up to a level of 10 dB(A) in excess of the figures listed in subsection (e) of this section, except that this higher level of permissible noise shall not apply from 9:00 p.m. to 7:00 a.m. when the adjacent lot is zoned residential. The impact noise shall be measured using the fast response of the sound level meter.

(g)    Noise resulting from temporary construction activity that occurs between 7:00 a.m. and 9:00 p.m. shall be exempt from the requirements of this section. (Ord. 811, Sec. 46, 2010; Ord. 590, 1998; Ord. 468, 1995)

14.44.220 Vibration.

(a)    No 4.000 classification use in any permissible business district may generate any ground-transmitted vibration that is perceptible to the human sense of touch measured at (1) the outside boundary of the immediate space occupied by the enterprise generating the vibration if the enterprise is one of several located on a lot, or (2) the lot line if the enterprise generating the vibration is the only enterprise located on a lot.

(b)    No 4.000 classification use in a Light Industrial or General Industrial district may generate any ground-transmitted vibration in excess of the limits set forth in subsection (e) of this section. Vibration shall be measured at any adjacent lot line or residential district line as indicated in the table set forth in subsection (d) of this section.

(c)    The instrument used to measure vibrations shall be a three-component measuring system capable of simultaneous measurement of vibration in three mutually perpendicular directions.

(d)    The vibration maximums set forth in subsection (e) of this section are stated in terms of particle velocity, which may be measured directly with suitable instrumentation or computed on the basis of displacement and frequency.

    When computed, the following formula shall be used:

PV = 6.28 F x D

    Where:

PV =

Particle velocity, inches-per-second

F =

Vibration frequency, cycles-per-second

D =

Single amplitude displacement of the vibration, inches.

    The maximum velocity shall be the vector sum of the three components recorded.

(e)    Table 14.44-II: Table of Maximum Ground-Transmitted Vibration.

Table 14.44-II: Maximum Ground-Transmitted
Vibration

Zoning District

Particle Velocity, Inches-Per-Second

Adjacent Lot Line

Residential District

M-1

0.10

0.02

M-2

0.20

0.02

(f)    The values stated in subsection (e) of this section may be multiplied by two for impact vibrations, i.e., discrete vibration pulsations not exceeding one second in duration and having a pause of at least one second between pulses.

(g)    Vibrations resulting from temporary construction activity that occurs between 7:00 a.m. and 9:00 p.m. shall be exempt from the requirements of this section. (Ord. 811, Sec. 92, 2010)

14.44.230 Odors.

(a)    For purposes of this section, the “odor threshold” is defined as the minimum concentration in air of a gas, vapor, or particulate matter that can be detected by the olfactory systems of a panel of five healthy observers.

(b)    No 4.000 classification use in any district may generate any odor that reaches the odor threshold, measured at:

(1)    The outside boundary of the immediate space occupied by the enterprise generating the odor.

(2)    The lot line if the enterprise generating the odor is the only enterprise located on a lot.

14.44.240 Smoke and Air Pollution.

(a)    Any 4.000 classification use that emits any “air contaminant” as defined in Regulations 1, 2, or 3 of the Puget Sound Clean Air Agency shall comply with applicable state standards concerning air pollution, as set forth in Regulations 1, 2, or 3 of the Puget Sound Clean Air Agency.

(b)    No Planning Director approval, administrative conditional use, or conditional use permit may be issued with respect to any development covered by subsection (a) of this section until the Puget Sound Clean Air Agency has certified to the permit-issuing authority that the appropriate state permits have been received by the developer, or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws.

(Ord. 903, Sec. 35, 2013; Ord. 811, Sec. 47, 2010).

14.44.250 Disposal of Liquid and Hazardous Wastes.

(a)    No 4.000 classification use in any district may discharge any waste contrary to the provisions of Chapter 70.105 RCW (Hazardous Waste Management) or Chapter 90.48 RCW (Water Pollution Control).

(b)    No 4.000 classification use in any district may discharge into the City sewage treatment facilities any waste that cannot be adequately treated by biological means.

14.44.260 Water Consumption.

No 4.000 classification use shall consume and/or use water supplied by the Snohomish County Public Utility District No. 1 in a manner inconsistent with the requirements and water service policies of the Snohomish County Public Utility District No. 1.

14.44.270 Electrical Disturbance or Interference.

No 4.000 classification use may:

(a)    Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance; or

(b)    Otherwise cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

Part IV.    Design

14.44.300 Design Guidelines or Standards Adopted.

Repealed by Ord. 811. (Ord. 468, 1995)

14.44.310 Conformance with Design Guidelines or Standards.

Repealed by Ord. 811. (Ord. 797, Sec. 5, 2009; Ord. 725, Sec. 3, 2006; Ord. 676, Sec. 37, 2003; Ord. 563, Sec. 2, 1997; Ord. 501, Sec. 8, 1995; Ord. 468, 1995)

14.44.320 Diversity within Planned Residential Districts.

Repealed by Ord. 1080.

14.44.330 Location of Parking in Multifamily Structures.

For multifamily (Class 1.300) uses, in no instance shall street level parking areas be allowed within 25 feet of a public right-of-way unless it is substantially shielded from public view. (Ord. 903, Sec. 36, 2013; Ord. 676, Sec. 38, 2003; Ord. 468, 1995)

14.44.340 Site Design in the Central Business and Mixed Use Districts.

(a)    In the Central Business and Mixed Use Districts, except as provided for in subsection (b) of this section, all structures shall be located adjacent to or as nearly adjacent as feasible to the sidewalk(s) falling within adjacent public right(s)-of-way. Where a structure is recessed from the public sidewalk, a private extension of the sidewalk shall be installed so as to widen the sidewalk up to the building front.

(b)    Structures may be located internal to a lot(s) (i.e., not adjacent to a public right-of-way) when those portions adjacent to a public right-of-way are built already or concurrently built out.

(c)    Wherever feasible, buildings in the Central Business and Mixed Use Districts shall be adjoining, so as to create a continuous facade along a street. (Ord. 676, Sec. 39, 2003; Ord. 468, 1995)

14.44.350 Drive-Through Windows.

(a)    All drive-through windows and their driveways shall be designed so as to not pose a hazard to pedestrians or other vehicles. In particular, driveways and approaches to drive-through windows shall not be designed so as to cross a pedestrian way or vehicular way, except to cross a public sidewalk adjacent to a public right-of-way.

(b)    All drive-through windows and their driveways shall be screened so as to minimize visual impacts from public rights-of-way.

(c)    In the Central Business and Mixed Use Districts, realize that all structures, including those with drive-through windows, must be designed per Section 14.44.340, which poses certain design constraints.

(d)    If a drive-through window and/or its driveway cannot be designed to meet the intent of this section, the use of the drive-through may be denied by the permit-issuing authority. (Ord. 468, 1995)

14.44.360 Wireless Communication Towers and Antennas.

Repealed by Ord. 1048. (Ord. 608, Sec. 3, 1999)

14.44.370 Essential Public Facilities Eligible for Common Site Review.

Repealed by Ord. 811. (Ord. 666, Sec. 6, 2002)

14.44.380 Essential Public Facilities - Development and Operating Requirements.

Repealed by Ord. 811. (Ord. 666, Sec. 7, 2002)

14.44.390 Secure Community Transition Facilities.

Repealed by Ord. 811. (Ord. 666, Sec. 7, 2002)

14.44.400 Sales of Food from Stationary Motor Vehicles on City-Owned Property.

Repealed by Ord. 1096. (Ord. 821, Sec. 8, 2009; Ord. 676, Sec. 40, 2003)

14.44.410 Sales of Food from Stationary Motor Vehicles on Property Not Owned by the City.

Repealed by Ord. 1096. (Ord. 821, Sec. 9, 2009; Ord. 676, Sec. 41, 2003)

14.44.420 Fence Permit Required.

Repealed by Ord. 1063. (Ord. 811, Sec. 53, 2010; Ord. 746, Sec. 6, 2007; Ord. 676, Sec. 42, 2003)

Part V.    Multifamily Apartments Annexed into the City

14.44.500 Authority.

This chapter contains the City’s procedures and policies related to the expansion or replacement of existing multifamily structures located in the Suburban Residential Zoning District, annexed into the City on or after January 1, 2006. (Ord. 871, Sec. 3, 2012)

14.44.510 Conditional Use Permit Required.

Any requests to expand and/or replace existing multifamily structures (regardless of reason), located in the Suburban Residential Zoning District, annexed into the City on or after January 1, 2006, shall require a Conditional Use Permit per Section 14.16C.045 prior to approval of the expansion and/or replacement. (Ord. 871, Sec. 3, 2012)

14.44.520 Additional Requirements.

(a)    The proposed expansion and/or replacement cannot increase the number of units.

(b)    The proposed expansion and/or replacement must comply with current regulations and obtain all applicable permits and approvals, including but not limited to a building permit per the current International Construction Codes.

(c)    The density and dimensional standards of the MFR (Multifamily) zone shall apply per Table 14.48-I, Density and Dimensional Standards, to Chapter 14.48; however, if a building is destroyed by fire, accident, or natural disaster the structure can be reconstructed within the existing footprint.

(d)    All other provisions of the LSMC associated with multifamily development, including but not limited to critical areas, landscaping, design guidelines, and parking, shall apply.

(e)    The project proponent shall submit the original County approved official site plan and supporting County decision documents to the City with the conditional use permit application or equivalent documentation that identifies the approved number of units and lot configuration prior to expansion or replacement. (Ord. 871, Sec. 3, 2012)