Chapter 22C.110
TEMPORARY USES
Sections:
22C.110.020 Permitted temporary uses.
22C.110.030 Exempted temporary uses.
22C.110.040 Decision criteria.
22C.110.050 Transitory accommodations.
22C.110.010 Purpose.
The following provisions authorizing and regulating certain temporary uses are intended to permit temporary uses and structures when consistent with MMC Title 22, Unified Development Code, and when safe and compatible with the general vicinity and adjacent uses. (Ord. 2923 § 4 (Exh. B), 2013).
22C.110.020 Permitted temporary uses.
(1) Except as provided in MMC 22C.110.030, a temporary use permit shall be required for all permitted temporary uses listed in subsection (2) of this section.
(2) The following types of temporary uses, activities and associated structures may be authorized, subject to the specific limitations noted herein and as noted in MMC 22C.110.040 and as may be established by the community development director:
(a) Outdoor art and craft shows and exhibits;
(b) Use associated with the sale of fresh fruits, produce and flowers;
(c) Mobile services such as veterinary services for purposes of giving shots;
(d) Group retail sales such as swap meets, flea markets, parking lot sales, Saturday market, auctions, etc. Automobile sales are not a permitted temporary use;
(e) Use associated with festivals, grand openings or celebrations;
(f) Temporary fundraising and other civic activities in commercial or industrial zoning districts;
(g) When elderly or disabled relatives of the occupant of an existing residence require constant supervision and care, a manufactured home with adequate water and sewer services located adjacent to such residences may be permitted to house the relatives, subject to the following requirements:
(i) The need for such continuous care and assistance shall be attested to in writing by a licensed physician;
(ii) The temporary dwelling shall be occupied by not more than two persons;
(iii) Use as a commercial residence is prohibited;
(iv) The temporary dwelling shall be situated not less than 20 feet from the principal dwelling on the same lot and shall not be located in any required setbacks outlined in this title;
(v) A current vehicular license plate, if applicable, shall be maintained during the period of time the temporary unit is situated on the premises;
(vi) Adequate screening, landscaping or other measures shall be provided to protect surrounding property values and ensure compatibility with the immediate neighborhood;
(vii) An annual building permit or manufactured home permit renewal for the temporary dwelling shall be required, at which time the property owner shall certify, on a form provided by the community development department, to the continuing need for the temporary dwelling and, in writing, agree that such use of the property shall terminate at such time as the need no longer exists;
(h) Watchmen’s or caretaker’s quarters when approved in writing by the community development director. Said caretaker’s quarters must comply with the definition set forth in MMC 22A.020.040 and will require submittal of the following:
(i) A consent letter from the owner and/or proof of ownership of the subject property or structure;
(ii) A letter identifying the business or institution to be served by the caretaker’s quarters, and the purpose of, and need for, the caretaker’s quarters;
(iii) A site plan identifying the location of the structure which will be occupied; and
(iv) A floor plan identifying the area within the structure which will be occupied to ensure that the use will be incidental to the primary business or institutional use of the structure.
(i) Transitory accommodations which comply with the provisions outlined in MMC 22C.110.050;
(j) The community development director may authorize additional temporary uses not listed in this subsection, when it is found that the proposed uses are in compliance with the provisions of this chapter. (Ord. 2979 § 2, 2014; Ord. 2923 § 4 (Exh. B), 2013).
22C.110.030 Exempted temporary uses.
The following activities and structures are exempt from requirements to obtain temporary use approval, but are not exempt from obtaining all other applicable permits outlined in the MMC, including but not limited to building permits, right-of-way permits, special events permits, business licenses, home occupation permits, sign permits, etc.:
(1) Uses subject to the special events provisions of Chapter 5.46 MMC, Special Events, when the use does not exceed a total of 14 days each calendar year, whether at the same location in the city or at different locations;
(2) Community festivals, amusement rides, carnivals, or circuses, when the use does not exceed a total of 14 days each calendar year, whether at the same location in the city or at different locations;
(3) Activities, vendors and booths associated with city of Marysville sponsored or authorized special events such as Home Grown;
(4) Retail sales such as Christmas trees, seasonal retail sale of agricultural or horticultural products. Christmas tree sales are allowed from the Saturday before Thanksgiving Day through Christmas Day only;
(5) Individual booths in an approved temporary use site for group retail identified under MMC 22C.110.020(2)(d);
(6) Fireworks stands, subject to the provisions of Chapter 9.20 MMC, Fireworks;
(7) Garage sales, moving sales, and similar activities for the sale of personal belongings when operated not more than three days in the same week and not more than twice in the same calendar year;
(8) Manufactured homes, residences or travel trailers used for occupancy by supervisory and security personnel on the site of an active construction project;
(9) Contractor’s office, storage yard, and equipment parking and servicing on the site of an active construction project;
(10) Portable units and manufactured homes on school sites or other public facilities when approved by the community development director;
(11) A manufactured home or travel trailer with adequate water and sewer service used as a dwelling while a residential building on the same lot is being constructed or while a damaged residential building is being repaired. The manufactured home or travel trailer shall be removed upon completion of the permanent residential structure construction, when repair is completed, or after one year, whichever occurs first;
(12) Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain. A temporary real estate office may be located in a temporary structure erected on an existing lot within a residential subdivision, if approved by the community development director. If approved, a temporary real estate office shall comply with the following conditions:
(a) The temporary real estate office may be used only for sale activities related to the subdivision in which it is located;
(b) The temporary real estate office shall have an Americans with Disabilities Act (ADA) accessible restroom located in or adjacent to said office;
(c) ADA accessibility shall be provided to the temporary real estate office. General site, accessible routes and building elements shall comply with ICC/ANSI A117.1-2003 or current edition;
(d) The temporary real estate office shall meet all applicable building and fire codes, or shall be immediately removed; and
(e) The temporary real estate office shall be removed immediately upon the sale of the last lot within the subdivision;
(13) Home occupations that comply with Chapter 22C.190 MMC, Home Occupations;
(14) Fundraising car washes. The fundraising coordinator is required to obtain a clean water car wash kit from the Marysville public works department in order to prevent water from entering the public storm sewer system;
(15) Vehicular or motorized catering such as popsicle/ice cream scooters and self-contained lunch wagons which cater to construction sites or manufacturing facilities. Such a use must remain mobile and not be utilized as parking lot sales;
(16) Any permitted temporary use not exceeding a cumulative total of two days each calendar year. (Ord. 2979 § 3, 2014; Ord. 2923 § 4 (Exh. B), 2013).
22C.110.040 Decision criteria.
(1) The community development director, or designee, may authorize temporary uses after consultation and coordination with all other applicable city departments and other agencies and only when all the following determinations can be made:
(a) The temporary use will not impair the normal, safe, and effective operation of a permanent use on the same site.
(b) The temporary use will be compatible with uses in the general vicinity and on adjacent properties.
(c) The temporary use will not significantly impact public health, safety or welfare, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct of uses and activities in the vicinity.
(d) The use and associated structures will be conducted and used in a manner compatible with the surrounding area.
(e) The use shall comply with the goals, policies and standards of MMC Title 22, Unified Development Code.
(2) General Conditions.
(a) A temporary use conducted in a parking facility shall not occupy or remove from availability more than 25 percent of the spaces required for the permanent use.
(b) Each site occupied by a temporary use must provide or have available sufficient parking and vehicular maneuvering area for customers. Such parking need not comply with Chapter 22C.130 MMC, Parking and Loading, but must provide safe and efficient interior circulation and ingress and egress to and from public rights-of-way.
(c) The applicant for a proposed temporary use shall provide any parking/traffic control attendants as specified by the city of Marysville.
(d) The temporary use shall comply with all applicable standards of the Snohomish health district.
(e) No temporary use shall occupy or use public parks in any manner unless specifically approved by the parks department.
(f) The temporary use permit shall be effective for no more than 180 days from the date of the first event or occurrence.
(g) No temporary use shall occupy or operate within the city of Marysville for more than 60 days within any calendar year, unless otherwise restricted in this chapter. The 60 days need not run consecutively. The 60 days may occur at any time within the 180-day term of the temporary use permit as long as each day is designated and approved.
(h) Parking lot sales (excluding automobile sales) shall not exceed a total of 14 days each calendar year. The 14 days need not run consecutively. The 14 days may occur at any time within the 180-day term of the temporary use permit as long as each day is designated and approved.
(i) The temporary use permit shall specify a date upon which the use shall be terminated and removed.
(j) A temporary use permit shall not be granted for the same temporary use on a property more than once per calendar year; provided, that a temporary use permit may be granted for multiple events during the approval period.
(k) All temporary uses shall obtain, prior to occupancy of the site, all applicable city of Marysville permits, licenses and other approvals (i.e., business license, building permit, administrative approvals, etc.).
(l) The applicant for a temporary use shall supply written authorization from the owner of the property on which the temporary use is located.
(m) Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion of removal of the use.
(n) All materials, structures and products related to the temporary use must be removed from the premises between days of operation on the site; provided, that materials, structures and products related to the temporary use may be left on site overnight between consecutive days of operation.
(o) The community development director, or designee, may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirement for screening or enclosure, and guarantees for site restoration and cleanup following temporary uses. (Ord. 2923 § 4 (Exh. B), 2013).
22C.110.050 Transitory accommodations.
(1) “Transitory accommodations” shall mean tents, sheds, lean-tos, tarps, huts, cabins, trailers or other enclosures which are not permanently attached to the ground, may be easily erected and dismantled, and are intended for temporary occupancy, usually for recreational or humanitarian purposes. Transitory accommodations are permitted provided the community development director determines on a case-by-case basis that such use possesses no characteristics which would adversely impact the community in any way, or that any potentially adverse characteristics can be adequately minimized and/or mitigated so as not to be materially detrimental to the health, safety and welfare of the community. Transitory accommodations can vary widely in their characteristics, which include but are not limited to size of site, surrounding land uses, duration, number of occupants, noise generation, and light and glare emanation. Accordingly, certain types of transitory accommodations may require the imposition of extensive conditions to mitigate potential adverse impacts to the community, while others may not; in some cases, adequate mitigation of impacts may not be feasible, and a proposed transitory accommodation consequently may not be allowed. The community development director shall therefore have the authority to approve, approve with conditions, or deny a permit for a transitory accommodation proposal, after consideration of the performance criteria set forth herein.
(2) Process.
(a) A transitory accommodation permit shall be required prior to the commencement of such a use, unless the community development director determines, after consideration of the performance criteria set forth in this section, that the proposed transitory accommodation possesses no characteristics which might adversely impact the community. The prospective transitory accommodation host (property owner and lessee, if applicable), sponsor and manager shall jointly apply for the transitory accommodation permit and shall be jointly and severally responsible for compliance with all conditions of the permit. “Applicant,” as used in these regulations, shall mean the transitory accommodation host, sponsor and manager. “Proponent,” as used in these regulations, shall mean the prospective host, sponsor and manager prior to submittal of an application for a transitory accommodation permit.
(b) A transitory accommodation permit shall be processed as set forth in Chapter 22G.010 MMC, Article V, Code Compliance and Director Review Procedures. Permit processing fees for a transitory accommodation permit shall be established in MMC 22G.030.020.
(c) The applicant shall identify potential adverse effects of the proposed transitory accommodation on neighboring properties and the community and shall develop measures to mitigate such effects. The applicant shall submit a written transitory accommodations impact mitigation plan with the permit application. The plan shall contain a narrative and drawing(s) that describe, to the satisfaction of the community development director, the measures the applicant will use to mitigate the effects of the transitory accommodation. At a minimum, the plan shall specifically describe the measures that will be implemented to satisfy the approval criteria provided in subsections (3) through (7) of this section, except for criteria specifically waived by the community development director. The plan shall include a code of conduct and the names and phone numbers of all persons comprising the applicant. The form and organization of the mitigation plan shall be as specified by the community development director, but the elements of the plan shall be integrated and bound together. The approved transitory accommodation impact mitigation plan shall be signed by the community development director and the applicant, and implementation, continuing compliance and enforcement of the plan shall be a condition of permit approval.
(d) Advance Discussions with Nearby Child Care Facilities and Schools.
(i) Prior to applying for a transitory accommodation permit, the proponent shall provide written notice to any licensed child care facility and the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the proposed transitory accommodations site, and shall seek comments from said child care facility and school administration. The written notice shall be served in a manner prescribed by the city and shall be on a form provided by the city.
(ii) Where no comments are received, or where said child care facility(ies) or the administration and/or governing body of said school(s) is supportive of the proposal, the proponent shall submit a sworn affidavit to this effect with the application.
(iii) Where said child care facility(ies) or the administration of said school(s) registers objections or concerns regarding the proposed transitory accommodations, the proponent shall attempt to resolve such objections or concerns via a negotiated mitigation plan between the proponent and the child care facility(ies) or school(s). Such a plan shall be submitted with the application and shall be incorporated in the conditions of the permit. No agreed mitigation plan may violate any provision of this chapter. Where the negotiations do not result in a mutually agreed upon mitigation plan within 30 days of receipt by the child care facility or school administration of the initial notice from the proponent, but the parties desire to continue to pursue resolution of the issues, the parties may request mediation services from or through the city. In the event the parties cannot reach agreement after a good faith effort for not less than 30 days from receipt by the child care facility or the school administration of the initial notice from the proponent, the proponent may submit an application but shall provide a record of the negotiations between the parties, including but not limited to copies of all correspondence and meeting notes. In evaluating the application against the performance criteria set forth herein, the director shall consider the topic(s) of the unsuccessful negotiations and the extent to which the parties demonstrated good faith in their discussions. “Good faith” in this context shall mean recognition of the legitimacy of, and a willingness to reasonably accommodate, each party’s needs, desires and concerns.
(e) Decisions of the community development director may be appealed. Such appeals shall be heard and decided by the hearing examiner in accordance with procedures set forth in Chapter 22G.060 MMC, Hearing Examiner.
(f) Emergencies. The community development director may waive these requirements for a prescribed period of time when a natural or manmade disaster necessitates the immediate establishment of transitory accommodations.
(g) Failure to Comply. If a transitory accommodation permit has been issued, and the community development director determines that the applicant has violated any condition of that permit, the director shall issue a notice of violation and required compliance in accordance with the procedures set forth in Chapter 4.02 MMC, Enforcement Procedures. Failure to correct the violation after a reasonable time for compliance shall result in revocation of the permit. In such an event all activities associated with the accommodation shall cease immediately and the site shall immediately be vacated and restored to its pre-accommodation condition.
(3) Site Performance Criteria.
(a) Size. The site shall be of sufficient land area to support the activities of the transitory accommodation without overcrowding of occupants, intruding into required setbacks or critical areas, destroying vegetation, eroding soils or otherwise overtaxing the land. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the location of the proposed transitory accommodation on the host property; its area in square feet; and the proposed distribution of, and allocation of space for, anticipated activities including but not limited to sleeping, eating, socializing, and bathing and other personal functions.
(b) Setbacks from Property Line. All activities of the transitory accommodation shall be set back from adjacent properties a sufficient distance so as not to impinge upon or otherwise unduly influence activities on said adjacent properties. The transitory accommodation shall be positioned on the property in the location that results in the least adverse impact to occupants of neighboring properties. The community development director may require the applicant to change the proposed location of the transitory accommodation to mitigate adverse impacts to occupants of neighboring properties. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating buildings and uses on properties surrounding the proposed transitory accommodation, and the distance the proposed accommodation would be set back from surrounding property lines. A transitory accommodation shall be set back no less than 20 feet from the exterior boundary lines of adjacent properties unless the owners of such properties consent in writing to a reduction or waiver of such setback.
(c) Screening of Activities. Where deemed necessary by the community development director, activities of the transitory accommodation shall be obscured from view from adjacent properties, by a minimum six-foot-high temporary sight-obscuring fence, an existing sight-obscuring fence, existing dense vegetation, an existing topographic difference, distance from exterior property lines, or other means, to the maximum extent feasible.
(d) Parking. Adequate parking for the transitory accommodation shall be provided so as not to reduce parking utilized by existing surrounding uses. Where deemed necessary by the community development director, the applicant shall provide a proposed parking plan which addresses the following:
(i) A description of parking capacity, both on site and on-street, that describes the amount and location of parking prior to the transitory accommodation and any displacement of parking resulting from the transitory accommodation; and
(ii) Any circumstances which may reduce the normal demand for parking, such as off-peak-season use; and/or any mechanisms or strategies to reduce parking demand, such as the provision of shuttle buses for the use of occupants of the transitory accommodations, or the provision of shared parking agreements with adjacent uses.
(e) Critical Areas. All proposed transitory accommodations shall comply with the city’s critical areas regulations as set forth in Chapter 22E.010 MMC, Critical Areas Management. Where deemed necessary by the community development director, the applicant shall provide a site plan indicating the presence and extent of any critical areas.
(f) Restoration of Site. Upon cessation of the temporary accommodation, the site shall be restored, as near as possible, to its original condition. Where deemed necessary by the community development director, the applicant shall re-plant areas in which vegetation had been removed or destroyed.
(4) Duration Performance Criteria.
(a) Length of Time. The proposed transitory accommodations shall be in operation the minimal length of time necessary to achieve the recreational, humanitarian or other objective(s) of the applicant. Where deemed necessary by the community development director, the applicant shall provide a narrative explaining the objective(s) the applicant seeks to achieve, and the amount of time the applicant believes necessary to achieve that objective. However, under no circumstances shall a proposed transitory accommodation be allowed in one location for more than 90 days, either consecutively or cumulatively, during any 12-month period, except that where the ninetieth day falls on a Friday, an additional two days shall be allowed to dismantle and remove the accommodation over the immediately following weekend.
(5) Health and Safety Performance Criteria. Transitory accommodations shall be operated in such a manner as to ensure the health and safety of occupants of the subject and surrounding properties. Accordingly, all transitory accommodations shall comply with the following:
(a) Health Regulations. All applicable city, county and state regulations pertaining to public health shall be met.
(b) Fire Safety. Inspections of the accommodation by the city or Marysville fire district for fire safety purposes may be conducted at any time and without prior notice. Adequate access, as determined by the fire marshal, shall be maintained within and around the accommodation at all times to ensure that emergency vehicles can ingress/egress the site.
(c) Building Code Inspections. Inspections of the accommodation by the city to ensure the public health and safety with regard to structures may be conducted at any time and without prior notice.
(d) Drinking Water and Solid Waste. An adequate supply of potable water shall be available on site at all times. Adequate toilet facilities shall be provided on site, as determined by the public works director. All city, county and state regulations pertaining to drinking water connections and solid waste disposal shall be met.
(e) Trash. Adequate facilities for dealing with trash shall be provided on site. A regular trash patrol or other method of regular maintenance in the immediate vicinity of the site shall be provided.
(6) Conduct and Security Performance Criteria.
(a) Noise. Any transitory accommodation shall comply with city noise regulations as set forth in Chapter 6.76 MMC, Noise Regulation. Where deemed necessary by the community development director, the applicant shall provide a plan to mitigate potential noise impacts.
(b) Light and Glare. Any light fixture which causes direct glare and/or reflections from any point along the property line or toward public rights-of-way in a manner that causes a visual distraction to vehicles, bicycles, or pedestrians, as determined by the director of public works, shall be prohibited. Where deemed necessary by the community development director, the applicant shall provide a plan to mitigate potential light and glare impacts.
(c) Security. Any transitory accommodation shall comply with city regulations regarding lawful behavior as set forth in MMC Title 6, Penal Code. Any transitory accommodation shall provide all required legal access to public areas of the site by the city of Marysville police department and any other relevant law enforcement agency at all times. Additionally, where deemed necessary by the community development director or the police chief, the applicant shall provide for the following:
(i) The applicant shall take all reasonable and legal steps to obtain verifiable identification, such as a valid driver’s license, government-issued identification card, military identification card, or passport, from all prospective and current transitory residents.
(ii) The applicant will use such identification to obtain warrant and sex offender checks from the Snohomish County sheriff’s office or other relevant authority. The anonymity of the requesting party shall be maintained.
(iii) If said check reveals that the subject of the check is a sex offender, required to register with the city, county or state authorities pursuant to RCW 9A.44.130, then the applicant shall immediately reject the subject of the check for residency in the transitory accommodation or eject the subject of the check if that person is currently a resident of the accommodation, and shall immediately notify the Marysville police department of such rejection or ejection.
(iv) If said check reveals that the subject of the check has an existing or outstanding warrant, then the applicant may select either of the following alternative actions:
(A) Immediately reject or eject the subject of the check and immediately notify the Marysville police department of such rejection or ejection; or
(B) Request the Marysville police department to confer with the agency or court of jurisdiction from which the warrant originated to determine whether or not said agency or court desires the warrant to be served. If the originating agency or court desires the warrant to be served, the Marysville police department shall do so immediately. If the originating agency or court declines warrant service, due to the minor nature of the offense for which the warrant was issued or for other reasons, the subject may enter or remain in the transitory accommodation; provided, that the applicant actively assists the subject in resolving the warrant.
(v) The applicant shall keep a log of all individuals who stay overnight in the transitory accommodation, including names and dates. Logs shall be kept for a minimum of six months following the expiration of the transitory accommodation permit and provided to the city upon request.
(vi) The applicant shall provide on-site security, as approved by the community development director in consultation with the city of Marysville police department.
(d) Codes of Conduct. The applicant shall provide and enforce a written code of conduct which mitigates impacts to neighbors and the community. Said code shall be incorporated into the conditions of approval.
(7) Other Performance Criteria.
(a) Indemnification. The applicant shall defend, indemnify, and hold the city, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits of any nature, including attorney fees, due to the acts or omissions of the applicant in connection with the operation of the transitory accommodation.
(b) Liability Insurance. Where deemed necessary by the community development director, the applicant shall procure and maintain in full force, through the duration of the transitory accommodation, comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence/aggregate for personal injury and property damage.
(c) Other Criteria. Where deemed necessary, the community development director may identify other performance criteria, require the applicant to describe the potential impacts of the proposed transitory accommodation with respect to those criteria, and determine if measures are warranted to minimize or otherwise mitigate such impacts. (Ord. 2923 § 4 (Exh. B), 2013).