Monroe City Zoning Code

22.60 Temporary

Uses

22.60.010 Purpose.

The following provisions authorizing and regulating certain temporary uses are intended to permit temporary uses and structures when consistent with this title and when safe and compatible with uses in the general vicinity and adjacent uses. (Ord. 005/2019 § 10 (Exh. B))

22.60.020 Applicability.

A. Uses Allowed with Temporary Use Permit. Temporary uses are those uses that are of a limited duration and/or frequency or comprise multiple related events over a specified period. Except as provided by subsection (B) of this section, Exemptions, a temporary use permit shall be required for the following activities:

1. Temporary wireless communications facilities.

2. Community-oriented open-air markets.

3. Mobile vendors.

4. Model homes.

5. Seasonal retail sales conducted by businesses on private property.

6. Temporary construction buildings.

7. Temporary security guard dwellings.

8. The zoning administrator may authorize additional temporary uses not listed in this section when it is found that the proposed uses are in compliance with the provisions of this title.

B. Exemptions. The following uses and structures shall be exempt from the provisions of this chapter:

1. Portable units and mobile homes on school sites or other public facilities. Such facilities shall be subject to Chapter 22.58 MMC, Site Plan Review;

2. 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 twelve days in the same calendar year;

3. Temporary fund-raising activities, such as bake sales and car washes when operated not more than three days in the same week and not more than twelve days in the same calendar year;

4. Sidewalk sales, where adequate public access is provided, and where sale items and display tables are removed from the sidewalk each night; and

5. Mobile medical or veterinary services.

C. Limitation. Recreational vehicles, including motor homes, travel trailers, campers, and similar vehicles designed for temporary occupancy as a residence are prohibited from use as dwelling units in all zoning districts established by this title. A recreational vehicle shall not be occupied by any persons or individuals for more than four consecutive days, and in no case more than a total of sixteen days in any one consecutive twelve-month period. (Ord. 005/2019 § 10 (Exh. B))

22.60.030 General provisions.

1. All temporary uses shall obtain, prior to occupancy of the site, all applicable permits, licenses and other approvals (i.e., business license, building permit, administrative approvals, etc.).

2. The applicant for a temporary use shall supply written authorization from the owner of property on which the temporary use is located, including city approval of right-of-way, and submit such approval as part of the application.

3. No temporary use shall occupy or use public parks in any manner unless specifically approved by the parks and recreation director.

4. The temporary use shall comply with all applicable standards of the Snohomish County health department.

5. Applications for special events, which are defined as any parade, fair, show, festival, carnival, rally, party, filming of movie, video or television show, motorcade, run, street dance, bike-a-thon, race, walks, athletic event, or other attended entertainment or celebration that is to be held in whole or in part upon publicly owned property and/or public right-of-way, or, if held wholly upon private property, will nevertheless affect or impact the ordinary and normal use by the general public of public property or public rights-of-way within the vicinity of the event, are subject to the applicable requirements of Chapter 5.28 MMC, Special Events.

B. Duration and Frequency. Unless otherwise specified in this chapter, temporary use permits shall be limited in duration and frequency as follows:

1. The temporary use permit shall be effective for no more than one hundred eighty calendar days from the date of the first event or occurrence;

2. The temporary use shall not exceed a total of sixty days of operation within the one-hundred-eighty-day period in which the permit is valid. A day of operation shall mean any or part of any day in which the temporary use is conducted. The days need not run consecutively and may occur at any time during the period for which the permit was approved, provided each day is designated and approved as part of the application;

3. The temporary use permit shall specify a date upon which the use shall be terminated and removed; and

4. A temporary use permit shall not be granted for the same temporary use on a property more than once per calendar year.

1. Each site occupied by a temporary use shall be free of debris, litter, or other evidence of the temporary use upon completion or removal of the use; and

2. 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.

1. A temporary use conducted in a parking lot shall not occupy or remove from availability more than twenty-five percent of the spaces required for the permanent use.

2. Each site occupied by a temporary use must provide or have available sufficient parking and vehicular maneuvering area for customers.

3. The parking facility shall provide safe and efficient interior circulation and ingress and egress to and from public rights-of-way.

4. Parking and access for proposed temporary uses shall be determined by the zoning administrator.

5. The applicant for a proposed temporary use shall provide any parking/traffic control attendants as specified by the public works director. (Ord. 005/2019 § 10 (Exh. B))

22.60.040 Allowed temporary uses.

The following types of temporary uses, activities and associated structures may be authorized, subject to specific limitation noted herein, and as may be established by the zoning administrator:

A. Community-Oriented Open-Air Markets. Community-oriented open-air markets include farmers’ markets, art fairs, and similar uses that are operated by either a public or private organization, which is open to the public and operates from individual booths or stands.

1. Permitted Uses. The following uses are permitted within community-oriented open-air markets with a temporary use permit:

a. All fruits, vegetables, berries, butter, eggs, milk, or any farm produce sold by the grower or a representative.

b. Edibles raised or caught by the seller, including fish and meats.

c. The sale of goods and products produced by artisans, crafts persons, or their representative(s).

d. Sale of food and beverages prepared on site, such as concession stands.

2. Prohibited Uses. The following uses are prohibited within community-oriented open-air markets with a temporary use permit:

a. The secondhand sale of goods and products;

b. The sale of any raw meat, fish or poultry product unless approved by the Snohomish health district;

c. The sale of any beverage or food unless appropriately licensed from the Snohomish health district; and

d. No sound amplification system shall be used in conjunction with the market, which produces noise and which is audible beyond the boundaries of the area designated in the application.

3. Exemptions. Required license and permits shall not be applied to any farmer, gardener or other person who sells any fruits, vegetables or other farm produce or edibles produced by such person within Snohomish County, Washington, and exempt pursuant to RCW 36.71.090 from paying any fee or application. Such persons are exempt from the licensing and fee requirements of Chapter 5.02 MMC.

a. A business license from the city must be obtained by the sponsoring organization in conformance with licensing requirements established in Chapter 5.02 MMC, Business Licenses.

b. Any permits required by the Snohomish County health district.

c. A special event permit will be required per Chapter 5.28 MMC for events on public property.

B. Mobile Vendors. Mobile vendors shall include those businesses or persons who engage in selling goods, services, or food from a temporary structure, vehicle, or other conveyance. Mobile vendors include food trucks and carts. Mobile vendors may be permitted on either public or private property, provided all of the following requirements as well as all applicable requirements of this chapter are met.

a. Mobile vendors may operate in one location for a maximum of twelve hours per any twenty-four-hour period.

b. No mobile vendor shall sell or convey goods in the public right-of-way without an approved right-of-way permit issued by the city of Monroe.

c. Mobile vendors shall not obstruct the passage of any sidewalk, street, avenue, alley or any other public place, by causing people to congregate at or near the place where any article is being sold or offered for sale.

d. No merchandise will be offered, displayed, or sold, and no customers served, in any vehicle travel lane.

e. Mobile vendors shall not conduct business unless the vehicle or conveyance is parked and operated in full compliance with the traffic and sidewalk ordinances of the city, in effect at the time of application or as hereafter amended.

f. This section shall not apply to vendors operating in conjunction with, and at the location of, events known as the farmers’ market or as part of permitted special event, per Chapter 5.28 MMC, Special Events.

g. No temporary/portable restrooms are allowed on site.

h. All mobile vendors shall clean up all litter originating from their business, each day, within a one-hundred-fifty-foot radius of the location where sales occur.

i. Shall comply with all clauses and regulations of the Snohomish County health department regarding food handling.

j. Shall not sell, operate or supply any good or service unless properly licensed by the state and/or county.

k. No sound generating devices, such as radios or speaker systems, shall be used.

l. Each individual solicitor or mobile vendor shall obtain a solicitor/mobile vendor license, and shall be required to carry and display the solicitor or mobile vendor license on their person whenever engaged in solicitation or mobile vending.

m. A business license is required for all mobile vendors prior to conducting business, in conformance with licensing requirements established in Chapter 5.02 MMC, Business Licenses.

2. Application Materials. All temporary use applications for mobile vendors submitted in accordance with this title shall include the information set forth in MMC 22.84.040(D), Project Permit Applications, and below:

a. A site plan, drawn to scale, that shall include and depict the following:

i. The boundaries of the property;

ii. The location of all existing structures and proposed structures and their distances to property lines including, but not limited to, the proposed mobile vendor location and proposed seating, if any;

iii. All existing easements;

iv. All means of vehicular and pedestrian ingress and egress to and from the site and the size and location of driveways, streets and roads;

v. The location and design of off-street parking areas showing their size and locations of internal circulation and parking spaces;

vi. Location and area, in square feet, of all proposed signs; and

vii. Additional information not specified in this section when such information is deemed necessary in the zoning administrator’s discretion to assure compliance with this code.

b. When located on private property, submit the property owner’s written approval to locate on property.

c. If applicable, provide a signed agreement with a neighboring property owner within two hundred feet of the business for use of restrooms.

d. All mobile vendors engaged in the sale of food shall comply with all laws, rules, and regulations regarding food handling and provide a statement of approval from the Snohomish health district. All vehicles or conveyances used by mobile vendors shall comply with all applicable laws, rules, and regulations as established by the Washington State Motor Vehicle Code and the Monroe Municipal Code.

e. If inside seating is provided within the vehicle or unit, compliance with the accessibility code is required including, but not limited to:

i. Accessible ramp;

ii. Aisle width of thirty-six inches;

iii. Door width of thirty-six inches;

iv. Seating to accommodate a wheelchair; and

v. An accessible restroom within the vehicle/unit.

f. Vehicles must bear a seal that indicates they have been inspected and approved by the Washington State Department of Labor and Industry.

C. Model Homes. Model homes and one temporary real estate office may be permitted subject to the requirements of MMC 22.68.050, Model homes.

D. Seasonal Retail Sales on Private Property. A temporary use permit for seasonal retail sales, such as pumpkin or Christmas tree stands, may be approved, provided the following standards are met:

1. Prior to issuance of a temporary use permit, the applicant shall provide documentation of the property owner’s authorization for such use of the property.

2. Pursuant to submittal of an adequate site plan, a determination shall be made by the zoning administrator that access to, and on, the site is properly configured and improved to a level adequate to accommodate expected vehicular traffic.

E. Temporary Construction Buildings. Temporary construction buildings for storage of tools and equipment or for supervisory offices, including, but not limited to, a contractor’s office, storage yard, and equipment parking on the site of an active construction project, may be permitted for construction projects; provided, that such structures are:

1. Allowed only during periods of active construction; and

2. Removed within thirty days of project completion or cessation of work, as determined by the building official.

F. Temporary Security Guard Dwellings. The purpose of this section is to facilitate and promote site safety and security during the active construction phase of development projects by permitting the on-site installation, occupancy and use of temporary dwellings for security guards.

1. Temporary dwellings are allowed only for the following categories of development projects:

a. Residential subdivisions; and

b. The construction of new commercial, industrial or multifamily structures.

2. Temporary dwellings for security guards authorized pursuant to this section shall comply with the following standards:

3. Temporary dwellings are allowed only during the active construction phase of the underlying development project.

4. The maximum number of temporary dwelling units allowed per development project site shall be as follows:

Project Site Area	Maximum Temporary Security Guard Dwelling Units Allowed
Less than 5 Acres	2 Temporary Dwelling Units
5 to 10 Acres	4 Temporary Dwelling Units
Greater than 10 Acres	5 Temporary Dwelling Units

5. Temporary dwellings shall not be permanently affixed to the ground.

6. Temporary dwellings shall be located entirely within the property boundaries of the underlying project site and shall be visually screened from the public right-of-way.

7. Installation of a temporary dwelling may occur only after issuance of the underlying development permit as follows:

a. For subdivisions, installation is allowed after issuance of a clearing permit; and

b. For construction of new commercial, industrial or multifamily structures, installation is allowed after approval of a binding site improvement plan or issuance of a building permit.

8. A temporary dwelling shall be removed no later than one week after:

a. The final certificate of occupancy for the underlying development project is issued; or

b. When construction activity ceases for a period of thirty days of more.

9. Occupancy and use of a temporary dwelling shall be strictly limited to on-duty security guard.

10. A temporary dwelling shall be maintained, operated, occupied and used in full compliance with all applicable state and local regulations, licenses and approvals.

11. A temporary dwelling shall be totally self-contained and shall not discharge wastewater, including sanitary sewage or gray water, onto the ground.

12. No temporary dwelling for security guard under this section may be installed, used or occupied without a permit issued by the zoning administrator. The zoning administrator may in his/her discretion impose reasonable conditions of approval for any such permit.

13. The original duration of the permit shall be for a period of one month, but may be renewed for successive one-month periods upon verification by the zoning administrator of full compliance with the provisions of this section and any applicable conditions of permit approval. The permit fee shall be established by resolution of the city council.

14. If an approved temporary dwelling for security guards violates any of the requirements of this section and/or any applicable conditions of permit approval, the temporary dwelling shall, without prejudice to any other applicable remedy or penalty, be immediately removed from the property at the applicant’s sole expense, and no subsequent temporary dwelling permits will be issued for the site.

G. Temporary Wireless Communications Facilities. The placement and use of temporary wireless communications facilities shall be maintained in a good and safe condition, and shall comply with all applicable federal, state and local rules and regulations. Temporary personal wireless service facilities may be used to provide emergency personal wireless services during natural disasters and other emergencies for no more than thirty days. (Ord. 001/2025 § 3 (Exh. B); Ord. 005/2019 § 10 (Exh. B))

22.60.050 Review process.

A. Permit Type. Applications for a temporary use permit shall follow the procedures for a Type I review, pursuant to Chapter 22.84 MMC, Permit Processing.

B. Application. An application for a temporary use permit shall be made according to the submittal requirements in MMC 22.84.040(D), Project Permit Applications, on forms prescribed by the city, and shall include the fee established by the current fee resolution.

C. Application Contents. All temporary use applications submitted in accordance with this title shall include the information set forth in MMC 22.84.040(D), and in the following section. No application shall be deemed complete, nor accepted by the city, until all information set forth below has been submitted:

1. Completed application form;

2. Names, addresses, and telephone numbers of the owner(s) of record of the land, and of the applicant, and, if applicable, the names, addresses and telephone numbers of any architect, planner, designer or engineer responsible for the preparation of the plan, and of any authorized representative of the applicant;

3. Existing zoning district(s) of the subject site;

4. Existing zoning district(s) within three hundred feet of the site;

5. Existing and proposed use(s) of the project site;

6. A site plan drawing at a scale of not less than one inch for each fifty feet, which shall include:

a. Locations of all existing and proposed buildings and structures;

b. The boundaries of the subject site;

c. All setback lines;

d. All critical areas and their associated buffers;

e. Existing lot area;

f. The number of parking spaces existing on site;

g. The number of parking spaces to be used by the mobile vendor;

7. Other information and materials as may be required by the city to review the application.

D. Public Notice. Temporary use permits shall be subject to all applicable noticing requirements in MMC 22.84.050, Public notice requirements. Although temporary use permits generally do not require public notice under MMC 22.84.050, the zoning administrator shall have the discretion to require notice be provided to adjacent property owners prior to permit approval.

E. Public Hearing. Pursuant to Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, a public hearing is not required for a temporary use permit application.

F. Decision. The final decision authority, as determined by Table 22.84.060(B)(2): Decision-Making and Appeal Authorities, shall approve, approve with conditions, or deny a temporary use permit.

G. Decision Criteria. A temporary use permit shall not be granted by the decision authority unless the applicant demonstrates that the proposal meets all of the following criteria. The decision authority 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 based on an application received:

1. The temporary use will not impair the normal, safe, and effective operation of a permanent use on the same site.

2. The temporary use will be compatible with uses in the general vicinity and on adjacent properties.

3. The temporary use will not significantly impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct or uses and activities in the vicinity.

4. The use and associated structures will be conducted and used in a manner compatible with the surrounding area.

5. The application is for a use that is typically temporary. The temporary use shall comply with the goals, policies and standards of this title.

H. Conditions of Approval. In authorizing a temporary use permit, the decision authority may attach thereto such conditions that they deem to be necessary or desirable in order to carry out the intent and purposes of this title. The decision authority shall route requests for temporary use permits to applicable departments and agencies and may establish such additional conditions as may be deemed necessary to ensure land use compatibility, to minimize potential impacts on nearby uses, and to satisfy applicable departments and agencies. These include, but are not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening or enclosure, guarantees for site restoration and cleanup following temporary uses and charges for needed city services.

I. Appeals. The action of the decision-making body in granting or denying a site plan is a final decision appealable to the appeal authority specified in Table 22.84.060(B)(2): Decision-Making and Appeal Authorities.

J. Expiration. A temporary use permit approved under this chapter shall automatically expire, and therefore be declared null and void, on the date of expiration specified on the permit. (Ord. 005/2019 § 10 (Exh. B))

22.60.060 Enforcement.

A permit determined to be in violation of this title, and/or any other applicable permit provisions, permit conditions, rules, or regulations may be revoked, suspended, or modified by the city subject to MMC 22.10.090, Violation and enforcement. (Ord. 005/2019 § 10 (Exh. B))