A. Major utility and communications facilities shall be designed, landscaped or otherwise screened to ensure compatibility with surrounding properties. Aboveground utility and communications structures and antennas shall be designed, constructed, painted and screened so as to blend with surrounding uses and buildings. The review authority may impose additional restrictions on the location, setbacks, height, design, landscaping and screening of aboveground utility and communications facilities if necessary to minimize visual impacts and promote greater compatibility with existing or planned uses on surrounding properties. Amateur radio tower antennas shall be regulated by EMC 19.22.090 and are not subject to review under this section.

B. Antennas associated with aboveground utility or communications facilities shall be located on existing or replacement towers or structures to the maximum extent technically feasible to discourage the proliferation of tower structures. Installation or collocation of antennas on existing or replacement towers or structures shall be preferred unless the proponent can demonstrate that a new structure is necessary to adequately serve the needs of the public. When proposed to be installed on an existing or replacement tower or structure located in a nonresidential zone located at least three hundred feet from residential zones, facilities which are subject to Review Process II shall be reviewed using Review Process I, subject to meeting all requirements of this section. When proposed to be located on an existing or replacement utility or communications structure or other nonresidential structure in a residential zone, Review Process II shall be required.

C. Tower structures for aboveground utility and/or communications facilities shall not be located in or within three hundred feet of residentially zoned areas, in or within two hundred feet of gateway corridors (see Map 9-1 in Chapter 19.09 EMC) as designated by the Everett comprehensive plan, or in or within two hundred feet of areas under the jurisdiction of the shoreline master program, unless the applicant provides an analysis of alternative sites and existing facilities which are technically feasible where the structure could be located or collocated, which demonstrates that the proposed facility cannot adequately serve the needs of the public for the proposed utility or communications service in an alternative location. When location in or within two hundred feet of a gateway corridor, or in or within two hundred feet of areas under the jurisdiction of the shoreline master program, is necessary to serve the public need for utility or communications services, use of existing or replacement utility and communications facilities is encouraged. When existing facilities are used or replaced, addition to or replacement of existing structures may exceed the height of the existing facility by not more than twenty feet.

D. When tower structures for aboveground utility and/or communications facilities are proposed to be located within three hundred feet of residentially zoned areas, in or within two hundred feet of gateway corridors as designated by the Everett comprehensive plan, or in or within two hundred feet of areas under the jurisdiction of the shoreline master program, zones which otherwise require Review Process II shall use Review Process III.

E. All utility and communication facilities shall be installed underground or within structures to the greatest extent practical in order to maximize safety and minimize visual and noise impacts upon surrounding properties. When it is not practical to install underground or within structures, all utility and communications facilities shall be architecturally designed and screened so as to minimize visual impacts on and promote compatibility with surrounding properties.

F. Aboveground utility and communications facilities shall be designed so as to be the lowest height possible to adequately serve the needs of the public for the proposed utility or communications service. The review authority, in considering the proposed utility or communications facility, may allow antenna or tower height to exceed the height permitted in the underlying zone without having to satisfy the variance approval criteria of Chapter 15.03 EMC. Approval may only be granted if it can be demonstrated that such height is necessary to adequately serve the needs of the public for the proposed utility or communications service. The applicant shall provide an evaluation of alternative designs and locations which could result in a lower tower or antenna height.

G. Towers associated with aboveground utility and communication facilities and all ancillary structures shall comply with the setback standards of the zone in which the property is located; provided, that when allowed to be located in or within two hundred feet of residential zones, the height of any tower shall not exceed the horizontal distance between the base of the tower and the nearest residential property line. The review authority, in considering the proposed utility or communications facility, may allow a lesser setback without having to satisfy the variance approval criteria of EMC 15.03.140, if it can be demonstrated that a lesser setback is necessary to adequately serve the needs of the public for the proposed utility or communications service, or that a lesser setback will result in better screening than in a location which meets the setbacks required herein.

H. The aboveground utility or communications facility shall be removed from the site should the use for such purposes be discontinued for one hundred twenty days or more. The planning director shall have the discretion, upon the request of the owner of the facility, to allow an extension of this time period to allow for the use of the site by another utility or communications service provider.

I. Maintenance, repair, or replacement of existing utility or communications facilities or appurtenant structures and the installation of minor aboveground utility and communications facilities are exempt from this section. This exemption includes replacement or increased heights of not more than twenty feet to accommodate wireless telecommunications antennas. Utility and communications service providers are encouraged to locate such facilities of a minor nature and small scale on existing or replacement structures, where technically feasible, in preference to erecting new towers or structures for such purposes.

J. To the extent provided by law, the city may require utility or communications service provider to allow up to two additional service providers to be located on shared facilities to discourage the proliferation of tower structures, consistent with technological feasibility. The review authority may allow an additional twenty feet in tower height per additional provider to accommodate collocation.

K. Utility or communications facilities which require towers for which safety lights are required by the FAA shall not be permitted unless the applicant demonstrates that such a facility in the proposed location and at such a height is necessary to adequately serve the needs of the public for the proposed utility or communications service.

L. The planning director may require review by an expert third party who is approved by the city and the applicant, to be paid for by the applicant, when needed for review of site-specific data submitted by the applicant concerning technical aspects related to specific facilities and locations. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)

A. An adult retail business shall not be located or maintained within two hundred fifty feet, measured from the nearest property line of the adult retail use establishment to the nearest property line of any of the following uses or zones located inside or outside of the city of Everett:

B. An adult retail business shall not be located or maintained within the area designated by the map set forth in Map 13-1.

C. An adult retail business shall not be located within one thousand feet of any other adult retail use establishment or any adult use business.

A. Adult use businesses shall be prohibited within one thousand feet of:

B. Adult use businesses shall be prohibited from locating within five hundred feet of:

C. Distances provided for herein shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed adult use business is or is to be located, to the nearest point of the parcel of property or the zoning district boundary line from which the proposed adult use business is or is to be separated.

D. Nothing within locational requirements set forth in this chapter shall preclude an adult use business from conducting more than one adult use activity within a single structure; provided, the adult use business shall comply with provisions of this title and all other city ordinances.

E. In the event an adult use business is legally established in accordance with the requirements of this title and does not constitute a nonconforming use as defined in subsection (B) of this section, and a sensitive land use described in subsections (A)(2) through (A)(3) of this section locates within the required separation distance, the zoning conformity of the legally established adult use shall not be affected.

F. Adult use businesses, panoram premises and public places of adult entertainment shall not be permitted within the area defined in Map 13-1. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3895-22 § 17, 2022; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)

A. General Provisions.

B. Special Aviation Uses. Special aviation uses shall consist of helipads, including the establishment or modification of the use and any supporting landing or communications facilities. Modification of a special aviation use shall include more flights or increased environmental impact than was identified in the city’s decision (or, if not specified in the decision, then the SEPA environmental document that served as a basis for the city’s decision).

A. New church structures, religious facilities or places of worship shall be located a minimum of fifteen feet from adjacent residentially zoned properties.

B. Church buildings, religious facilities or places of worship shall comply with the height requirements of the zone in which it is located.

C. Where churches, religious facilities or places of worship are located adjacent to local residential streets, the parking lot entrances/exits shall be oriented toward the nearest collector or arterial street. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3976-23 § 4, 2023; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)

A. A community center shall be located adjacent to or within four hundred feet of collector or arterial streets.

B. A community center shall be located within one-quarter mile of transit routes.

C. Where a community center is located adjacent to local residential streets, the parking lot entrances/exits shall be oriented toward the nearest collector or arterial street. The review authority may allow other means of access through the review process to provide for safe circulation and emergency vehicle access.

D. Structures shall be located a minimum of twenty-five feet from adjacent residentially zoned properties.

E. Community center buildings shall comply with the height requirements of the zone in which it is located; however, the review authority may consider allowing a greater height, provided the additional height is necessary to accommodate the functional needs of the facility and that the facility is designed to be the lowest height that will accommodate the functional needs.

F. All freestanding signs shall be monument signs with a maximum height of eight feet and shall include low plantings around the base of the sign to make it a part of the landscape. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)

A. Standards for Service Windows, Order Placing Stations and Holding Lanes. All businesses with drive-up service windows shall meet the following standards:

B. Vehicle Holding and Stacking. Vehicle holding and stacking for all drive-up service lanes shall be provided in accordance with the city design standards.

C. Prohibited in mixed-use centers; provided, that an existing legally established drive-through may be removed and replaced as part of a new development on the site that meets the minimum height standard of EMC 19.22.020. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)

A. Commercial Zones, Institutional Uses in Residential Zones. In the MU zones, and for institutional uses in residential zones, on-site hazardous waste treatment and storage facilities shall be permitted as an accessory use to any activity generating hazardous waste which is lawfully permitted within such zones; provided, that such facilities meet the state siting criteria adopted pursuant to the requirements of RCW 70.105.210.

B. Industrial Zones. In the LI-MU, LI, and HI zones, on-site and off-site hazardous waste treatment and storage facilities shall be permitted; provided, that such facilities meet the state siting criteria adopted pursuant to the requirements of RCW 70.105.210. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)

A. Vehicle, pedestrian and ambulance traffic shall be directed toward the nearest collector or arterial street and away from local residential streets.

B. Hospitals and hospital-related structures shall be set back a minimum of fifty feet from adjacent residentially zoned lots.

C. Hospitals and hospital-related uses shall be screened from adjacent residentially zoned lots by the landscaping requirements of landscape category B. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)

A. Permitted Use—Proportionality to Everett’s Population.

B. Locational Criteria. Subject to the provisions of this chapter, jails and correctional facilities shall be a permitted use in the MU zone within the four-block area bounded by Wall on the north, Pacific on the south, Colby on the west and Lombard on the east subject to the review process described in Chapter 15.02 EMC, Land Use and Project Review Procedures. Jails and correctional facilities are not permitted uses in any other portion of the MU zone, nor in any other zone.

C. Expansions. Notwithstanding any provisions to the contrary, the proportionality requirement set forth in subsection (A) of this section does not apply to the expansion of existing governmental facilities within the four-block area described in subsection (B) of this section for the purpose of adding jails and correctional facilities. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)

A. All vehicle maintenance work shall be performed in an enclosed building when located within one hundred fifty feet of lots located in residential zones. The garage doors of the building may not face toward the residentially zoned properties.

B. Vehicle washing facilities are not permitted within fifty feet of residentially zoned lots.

C. Vehicles being serviced shall not be parked on public right-of-way.

D. Inoperable vehicles, used or discarded tires and vehicle parts shall be screened from view by a solid sight-obscuring fence and landscaping as required by Chapter 19.35 EMC.

E. All vehicle maintenance shall comply with Chapter 14.28 EMC, Surface and Storm Drainage. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)

A. Definitions. The terms “marijuana,” “marijuana processor,” “marijuana producer,” and “marijuana retailer” shall have the meanings set forth in RCW 69.50.101. “City” means the city of Everett.

B. Producers and Processors. Marijuana producers and marijuana processors may operate in the city of Everett, provided there is full compliance with all of the following provisions:

C. Retailers. Marijuana retailers may operate in the city pursuant to the following restrictions:

D. Measurements. Distances provided under this section shall be measured as the shortest distance between the perimeters of the parcels at issue.

E. Compliance. Marijuana producers, marijuana processors, and marijuana retailers are required to acquire all necessary business licenses and are required to comply with municipal tax regulations and all other applicable city ordinances and regulations.

F. Establishment. For purposes of the two-thousand-five-hundred-foot setback between marijuana retailers, marijuana retailers shall be considered to be legally established in the order in which they are issued a city of Everett business license. The city will not accept a business license application for a recreational marijuana business prior to the applicant providing the city a copy of a letter from the Washington State Liquor and Cannabis Board indicating that the applicant has been approved for a recreational marijuana license. The city will process business license applications for recreational marijuana businesses in the order in which they are accepted.

G. Enforcement. Any violation of this section is subject to enforcement under the provisions of Chapter 1.20 EMC or through action of the city attorney seeking injunctive or other civil relief in any court of competent jurisdiction. The violator will be responsible for costs, including reasonable attorney fees. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)

A. The space devoted to gambling and gaming activity and support services (i.e., security) shall not be more than eight thousand square feet. Other incidental uses such as restaurant or nightclub uses shall not be restricted by the eight thousand square feet limitation if no gambling or gaming activity occurs within such space.

B. Mini-casinos shall be located in:

C. Mini-casinos shall not be permitted in the area shown on Map 13-3.

A. Elementary and middle schools may be located on local or arterial streets. High schools shall be located adjacent to or within four hundred feet of collector or arterial streets.

B. Structures shall be located a minimum of twenty-five feet from residentially zoned properties.

C. Schools may exceed the maximum building height in Chapter 19.22 EMC when considered under an administrative use permit or conditional use permit.

D. Temporary classrooms of any size and accessory structures smaller than one thousand square feet shall be reviewed using Review Process I. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3976-23 § 4, 2023; Ord. 3774-20 § 5(J) (Exh. 3), 2020.)

A. Home occupations may be permitted in any residential zone provided such home occupations comply with the requirements of the zone in which the property is located and the following requirements:

B. Any person engaging in a home occupation shall register as a business with the city treasurer’s office and shall be subject to the city business and occupations tax.

C. Garage sales shall not be considered to be a home occupation. (Ord. 4102-25 § 1 (Exh. 1), 2025.)

A. Live/work units are built spaces that function as both work spaces and residences.

B. The multiple-family design guidelines do not apply to live/work units.

C. No portion of a live/work unit may be rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.

D. At least one resident in each live/work unit shall maintain at all times a valid city business license for a business on the premises. (Ord. 4102-25 § 1 (Exh. 1), 2025.)

A. Overview. This section establishes the application and review procedures by which the city will fulfill its obligations under the federal Fair Housing Act (FHA) and other federal or state laws.

B. Application Requirements.

C. Planning Director Approval.

D. Other Provisions.

A. License Required. A city business license is required to operate a short-term rental. No more than two short-term rental sites may be operated by any individual, marital group, a group of people, or a corporate entity such as an LLC, within the city.

B. Location. A short-term rental use may be located in a dwelling unit or an accessory dwelling unit. See EMC 19.08.100 for applicable accessory dwelling unit requirements, including owner occupancy if applicable.

C. Number of Guests. The total number of guests occupying a dwelling unit may not exceed eight on a site, including any site with an accessory dwelling unit.

D. Signs. No signs identifying the use as a short-term rental are permitted. (Ord. 4102-25 § 1 (Exh. 1), 2025.)

A. Applicability.

B. General Provisions.

C. Standards for Outdoor Emergency Shelters.

B. Where Allowed.

A. Essential Public Facilities. A secure community transition facility (“SCTF”) is an essential public facility. In addition to complying with the city’s requirements for a conditional use permit, the applicant for a SCTF shall comply with the city’s siting process for essential public facilities.

B. Maximum Number of Residents. No SCTF shall house more than twelve persons, excluding resident staff.

C. Siting Criteria.

D. Review Process III (Special Property Use/Conditional Use Permit). A conditional use permit Review Process III application for SCTF shall comply with all the permitting and procedural requirements pertaining to a conditional use permit Review Process III including those found under EMC Title 15.

E. Existing SCTFs. In the event a SCTF is legally sited in accordance with the provisions of this title, this does not preclude any subsequent siting of any risk potential activity described in subsection (C)(1) of this section within the line of sight.

F. When evaluating an application for a SCTF consideration shall also be given to those siting provisions provided in RCW 71.09.250(8). (Ord. 4102-25 § 1 (Exh. 1), 2025.)