The purpose of this chapter is to provide for certain temporary uses and special events incidental to the principal long-term usage of property. Temporary uses and special events are to be permitted only under the conditions as set forth in this chapter and where it is found that they do not endanger public health, safety and welfare.

(Ord. 595 § 33, 2005: Ord. 543 § 1 (part), 2001)

The following uses are permitted outright, subject to all building and health requirements:

A.

Temporary dwelling for use as a residence during construction of the principal use on a lot;

B.

Temporary emergency uses or structures otherwise requiring a conditional use or special use permit where the public works director determines that action must be taken immediately, or within a time too short to allow processing of a permit, to avoid imminent threat to public health or safety, to prevent imminent danger to public or private property, or to prevent an imminent threat of serious environmental degradation; provided, that notice of the director's decision approving a temporary emergency use or structure shall be mailed to property owners of record within three hundred (300) feet of the subject property.

(Ord. 595 §§ 34, 35, 2005; Ord. 543 § 1 (part), 2001)

(Ord. No. 654, § 1), 2-18-2014)

A.

Definitions:

1.

"Commercial activity" means any activity organized or engaged in primarily for commercial and profit-oriented purposes, and includes, but is not limited to, commercial advertising, vending, and commercial solicitation, which use all or part of any city park or public land.

2.

"Social activity" means any activity organized primarily for the gathering together of a large number of persons for social purposes, and includes, but is not limited to, weddings, conventions, or organizational or company picnics, which use all or part of any city park or public land.

3.

"Special event" means any event or activity (excluding organized amateur sporting events such as little league baseball, amateur soccer, etc.) which is organized primarily for the purpose of promoting cultural, religious, political, artistic, or entertainment endeavors, and includes, but is not limited to, arts and craft fairs, farmer's markets, cultural exhibitions, rallies, concerts, shows, festivals, or camps, which use all or part of any city park or public land.

4.

"Temporary" for the purpose of this chapter, shall mean any activity or event of less than a seventy-two-hour period.

5.

"Yard sale" means a sale of used household belongings, typically held outdoors, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," or "rummage" sale. Yard sale shall also mean an event that is held no more than two (2) consecutive weekends within a thirty-day period.

B.

Commercial Activity. Commercial activities other than temporary and portable food and beverage vending operations, or those specifically exempted in Section 17.64.025(D), are prohibited on any city park or public land.

1.

Temporary commercial activities, other than those specifically exempted in Section 17.64.025(D), that are not part of a special event, shall be required to obtain a temporary business license through the city.

2.

Temporary commercial activities of less than a thirty-day duration, that are part of a special event, shall be required to obtain a special event permit through the city unless specifically exempted in Section 17.64.025(D). The commercial activity may be included as part of a special event permit of a larger application.

C.

Social Activity. Social activities that utilize public property and/or city parks, not exempted in Section 17.64.025(D) shall obtain a special event permit through the city.

D.

Special Event Permit Not Required. A special event permit shall not be required when city staff determine the event meets all of the following conditions:

1.

The event is reasonably expected to attract ten (10) or fewer participants at one time;

2.

The event is reasonably expected to require parking for five (5) or fewer vehicles at one time;

3.

The event will not involve amplified music, a public address system, or other noise which may be heard beyond the immediate proximity of the event;

4.

The event will not involve the sale of goods, collection of fees or donations, or other financial transactions of any sort unless the event falls under the definition of a yard sale;

5.

The event will not take place outside of legal hours of operation of city parks and/or public property;

6.

The event will not require exclusive use of the location of the event;

7.

The event will not require street closure or modification of traffic;

8.

The event will not place increased demand upon public services, including, but not limited to, electric power, garbage collection, sanitary facilities, police and/or fire protection;

9.

The event will not be at cross purposes with, nor impede the normal operations of, adjoining schools and/or businesses;

10.

The event will not involve the sale, distribution, or consumption of alcoholic beverages.

E.

Application Process for Special Event Permits. If city staff determine, after review of exemptions in Section 17.64.025(D), that a permit is required, the applicant must fill out a special event permit form. Applications shall be made with city staff, within normal business hours, for permission to hold temporary activities or special events within city parks or public property. The applicant shall fill out a special event permit form and upon completion of the form the mayor will make a determination. Determinations may include approval, approval with conditions, denial, or referral to the council for additional review and/or final determination.

1.

Applicants whose application has been denied, shall be allowed to appeal the decision to the council. All appeals must be submitted in writing within five (5) days of denial. The appeal will then be reviewed at the next regularly scheduled council meeting.

F.

SEPA. After review of an application, the mayor may decide that, based on the level of impact to public utilities, safety, or residents, a SEPA checklist may be required. The standard SEPA application process would then be completed.

Information on the SEPA checklist, and/or the checklist itself, can be obtained from city staff.

G.

Priority Use. Use of the city parks and/or public property shall be on first-come, first-served basis, and shall be limited by the availability of said space. The city shall not discriminate among competing uses when scheduling and/or reserving park space.

1.

City-sponsored events shall take precedence over all other special event uses.

H.

Condition of Parks and Public Property, Including Facilities. Applicants shall ensure that city parks and public property utilized for any event shall be in the same condition after the special event or activity, as before the said event or activity. Litter, debris, and personal items resulting from the event or activity will be removed within four (4) hours of termination of the event. The applicant shall be responsible for replacing, or at the city's discretion, funding the city's replacement of, any and all park property or facilities damaged or unlawfully removed from the utilized space during the course of the special event or activity.

I.

[Indemnity.] Applicants must agree to release, indemnify, and hold harmless the city from and against any and all injury or damage as a result of the activity. City staff and/or the mayor may require the applicant to obtain special events insurance through the Association of Washington Cities.

J.

Governing Law and Venue. Special events and activities are governed by state, county, and city laws. Any action arising out of events or activities shall be brought in Snohomish County Superior Court.

K.

If, after review of the application, city staff and/or the mayor may decide to require the applicant to notify businesses and residents within a three hundred-foot radius of the activity. Proof of notification must be provided prior to the event.

L.

[Hours of Operation.] Hours of operation of the park shall be eight (8) a.m. until twelve (12) a.m., midnight.

(Ord. No. 654, § 2), 2-18-2014)

Because of their size or effect upon surrounding property, the following uses of land may be permitted in any zone allowing residential uses only upon issuance of a conditional use permit. The permit shall not be granted where conditions cannot be imposed which are sufficient to protect public health, safety and welfare:

A.

Temporary dwelling upon the same or, if necessary, contiguous lot (which for this purpose shall become a part of the principal lot) as a principal dwelling for use by only a relative by blood or marriage of the occupants of the principal dwelling, where such relative is to receive from, or administer to, the principal dwelling occupant continuous care and assistance necessitated by advanced age or infirmity, subject to the following minimum conditions:

1.

The permit shall not be granted where other provisions of a city ordinance provide a reasonable alternative for meeting the need for the dwelling,

2.

The need for such continuous care and assistance shall be attested to in writing by a licensed physician,

3.

The temporary dwelling shall be occupied by not more than two (2) persons,

4.

Use as a commercial rental unit shall be prohibited,

5.

The temporary dwelling shall be situated not less than twenty (20) feet from the principal dwelling on the same lot and shall not be located in any required yard of the principal dwelling,

6.

A current vehicular license plate, if applicable, shall be maintained during the period of time the temporary unit is situated on the premises,

7.

Adequate screening, landscaping or other measures shall be provided to protect surrounding property values and insure compatibility with the immediate neighborhood,

8.

An annual building 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 public works director, 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.

(Ord. 595 § 36, 2005; Ord. 543 § 1 (part), 2001)