Part I General Provisions

First floor: residential uses not allowed.

Second floor: residential and nonresidential uses allowed.

Three-Story and Larger Structures.

First floor: residential uses not allowed.

Second floor: residential and nonresidential uses allowed.

Third floor and higher: only residential uses allowed.

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. 468, 1995; Ord. 662, Sec. 2, 2002; Ord. 676, Sec. 30, 2003; Ord. 798, Sec. 4, 2009)

§ 14.44.015 Home Occupations.

The purpose of this section is to allow small-scale commercial occupations incidental to residential uses to locate in residences while guaranteeing all neighboring residents freedom from excessive noise, traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential neighborhoods.

Procedure. A home occupation is approved by the Planning Director or designee for each home occupation.

Home occupations shall require a City business license and shall be reviewed for compliance with the provisions of this section during the business license review. Home occupations may require the submittal of additional information beyond the standard business license application. Employees of a non-home based business utilizing a home office to telecommute shall not require a business license.

Standards. Home occupations are permitted as an accessory use to the residential use of a property only when all the following conditions are met:

The total area devoted to all home occupation(s) shall not exceed 25 percent of the floor area of the dwelling unit or 500 square feet, whichever is less. Areas within attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home occupation area but may be used for storage of goods associated with the home occupation;

If the home occupation is located in an accessory structure, the area devoted to the occupation, as described in subsection (d)(1) of this section, shall be based upon the floor area of the dwelling only. Areas accessible to customers shall be legally established. Additional building permits may be required;

No business activity may occur outside of any buildings on site, including displays of goods, stock-in-trade or other commodities;

Not more than one person outside of the family shall be employed on the premises;

The home occupation shall in no way alter the normal residential character of the premises;

No objectionable noise, fumes, odor, or dust shall be allowed;

The home occupation(s) shall not use electrical or mechanical equipment that results in:

A change to the fire rating of the structure(s) used for the home occupation(s);

Visual or audible interference in radio or television receivers, or electronic equipment located off-premises; or

Fluctuations in line voltage off-premises;

No equipment or material may be stored, altered or repaired on any exterior portion of the premises;

Sales shall be limited to:

Products accessory to the home occupation (e.g., shampoo for beauty shop, etc.);

Merchandise which is produced on the premises; and/or

Mail order, online and telephone sales; and

With appointment for pick-up or off-site delivery;

(10)

Services to patrons shall be arranged by appointment or provided off site;

(11)

In addition to required parking for the dwelling unit, one on-site parking stall shall be provided when services are rendered on site;

(12)

The home occupation(s) may use or store vehicles for pickup of materials used by the home occupation(s) or the distribution of products from the site, provided:

No more than two such vehicles shall be allowed;

Such vehicles shall not be parked within the public right-of-way or in any yard areas and must be parked in allowed vehicle accommodation areas such as driveways and garages;

Such vehicles shall be commonly associated with residential development. Vehicles not commonly associated with residential development and which are more typically used for business operations identified as prohibited home occupations in subsection (f) of this section - such as dump trucks, tow trucks, and box trucks - are not allowed;

(13)

Signs in connection with the home occupation shall comply with the restrictions of Chapter 14.68, Signs;

(14)

No sales or services will be conducted on the premises which will generate more than 10 average daily round trips per day by customers except for day care;

(15)

Food-related businesses shall be required to possess and maintain a food handler's card from the Snohomish County Health Department;

(16)

Food related businesses shall comply with all applicable WSDA cottage food operation regulations in Chapter 69.22 RCW.

The following is a nonexhaustive list of examples of enterprises that may be approved as a home occupation if they meet the foregoing standards:

Office or studio of a physician, dentist, artist, musician, lawyer, architect, engineer, teacher, or similar professional;

Workshops, greenhouses, or kilns;

Dressmaking or hairdressing studios; and

Day care.

Prohibited home occupations are enterprises which may create objectionable noise, fumes, odor, dust or electrical interference and may involve hazardous materials or on-site storage of petroleum products, and which are not compatible with residential development. The following is a nonexhaustive list of examples of such prohibited enterprises:

Automobile, truck and heavy equipment repair;

Auto body work or painting;

Parking and storage of heavy equipment;

Storage of building materials for use on other properties;

Marijuana production, processing or retail facility; or

Similar types of enterprises.

Transferability. A home occupation approved for one applicant shall not be transferable to any other person; nor shall a home occupation be valid at any other address than the one listed on the business license.

(h)

Additional Conditions. In granting approval for a home occupation, the Planning Director or their designee may attach additional conditions to ensure the home occupation will be in harmony with, and not detrimental to, the character of the residential neighborhood.

Inspections. Any home occupation authorized under the provisions of this chapter shall be open to inspection and review at all reasonable times by enforcement officials for purposes of verifying compliance with the conditions of approval and other provisions of this title.

(j)

Modification. The Planning Director shall have authority to grant an administrative modification to the standards listed in subsection (d) of this section, provided the use is consistent with the purposes of this chapter and will be operated in harmony with the character of and create no significant impact to the residential neighborhood. The Planning Director is authorized to approve administrative modifications only in cases of unique circumstances, such as large property acreage, remote site access or site location, or small scale of use, when these circumstances ensure the commercial operation remains incidental to the dwelling and in no way alters the normal residential character of the premises. No modification shall be granted which would be detrimental to the public health or welfare or the environment.

(k)

In-Home Day Care Standards.

Home day care facilities shall meet State licensing requirements, including those pertaining to building, fire safety, and health codes found in Chapter 110-300 WAC. A copy of the required State license, if applicable, shall be furnished by the applicant with the City business license application.

There shall be minimal, if any, change in the outside appearance of the residence.

Where outdoor recreation facilities are provided for children in day care facilities, they shall be screened by a fence at least four feet high, where abutting residentially zoned property.

The facility shall provide a safe passenger loading area outside the public right-of-way.

The day care provider shall provide written notification to immediately adjoining property owners of the intent to locate and maintain a facility and provide a copy of the notification to the Planning Department.

(l)

Adult Family Home Standards.

Adult family homes shall meet State licensing requirements, including those pertaining to building, fire safety, and health codes found in Chapter 70.128 RCW. A copy of the required State license, if applicable, shall be furnished by the applicant with the City business license application.

§ 14.44.020 Planned Residential Developments.

There shall be minimal, if any, change in the outside appearance of the residence.

(Ord. 1124, Sec. 2 (Exh. A), 2021; Ord. 1179, Sec. 12, 2024)

Repealed by Ord. 1069.

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

§ 14.44.025 Model Homes.

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.

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.

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:

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.

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.

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.

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.

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.

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

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.

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

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.

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

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

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.

One dark line print of the proposed final subdivision.

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.

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.

Occupancy of model homes is limited as follows:

No model home shall be occupied for residential use prior to the recording of the final plat and until water, sewer, and storm sewer service is installed and provided to the home.

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).

§ 14.44.030 Development within Adopted Subareas.

One additional preliminarily approved lot may be used to furnish off-street parking provided a hard surface consistent with Section 14.72.060 is provided. 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; Ord. 1179, Sec. 12, 2024)

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):

Regulations Established.

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.

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.

Duration, Frequency, Location, and Permits Required.

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.

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.

Only an established religious organization may be a sponsor.

The temporary encampment shall be located on the sponsor's property.

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.

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

Application form for a temporary encampment use permit;

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

All existing structures;

Existing parking stalls;

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

All proposed temporary structures;

Proposed electrical and plumbing connections;

Location of trash receptacles, including trash dumpsters;

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

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;

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;

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

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

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

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

A copy of the code of conduct;

The sponsor shall provide the following neighborhood meeting documentation:

The date, time, and location of the meeting;

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

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

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

Copies of documents submitted or presented at the meeting;

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.

Permit Process Requirements.

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.

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

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.

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.

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.

Parking, Transportation, and Security.

Parking.

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

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.

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

Transportation Plan.

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.

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.

Security Management Plan.

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.

At a minimum, the plan shall specify the following:

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;

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

Recommendations and/or requirements provided by the Police Department.

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.

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.

Additional Approval Criteria for Temporary Encampment.

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:

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

No weapons;

No violence;

No loitering in the surrounding neighborhood;

Quiet hours;

No open flames;

No trespassing onto private property in the surrounding neighborhoods.

Maximum Number of Residents.

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.

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.

Site Requirements.

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.

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:

Topography changes from adjoining property;

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

Distance from nearest structure on neighboring property;

Vegetation that creates a visual screen.

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

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.

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.

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

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

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

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.

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

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;

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

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

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;

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 County Health Department requirements;

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;

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;

The encampment shall permit inspections by the City, Snohomish County Health Department, and Fire Department, and any other local, State, or Federal agency having jurisdiction to determine compliance with the permit conditions 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;

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:

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;

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;

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

No cooking appliances are allowed in individual tents;

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

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;

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

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;

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

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.

Encampment Removal.

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.

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.

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.

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.

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.

§ 14.44.040 Temporary Emergency, Construction, or Repair Residences.

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; Ord. 1179, Sec. 12, 2024)

Repealed by Ord. 1179.

(Ord. 468, 1995; Ord. 676, Sec. 31, 2003)

§ 14.44.044 Personal Storage Facilities.

Intent. Personal storage facilities ("storage facilities"), otherwise known as self-storage or mini-storage, include characteristics common to commercial and industrial uses and may also contain long-term storage of vehicles, recreation vehicles, boats or similar. This section provides regulations to help guide appropriate siting of storage facilities in zoning districts identified in Table 14.40-II, while maintaining the desired character and function of these districts. 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.

Definitions. Definitions for terms used in this section can be found in Section 14.08.010, if not superseded by the specific terms included below or in subsection (c) of this section.

Accessory Use.

Uses often found at storage facilities associated with a primary indoor or outdoor storage use, such as the renting or storage of trucks, trailers, or moving equipment or the sale of moving supplies.

Site.

An individual lot (parcel); a lot subject to a binding site plan; or a lot or lots developed with common components such as access points or site amenities.

Development Standards.

Storage facilities shall be located in multi-story structures and must be developed in one of the following site configurations, as permitted by Chapter 14.40, Permissible Use Table 14.40-II. Site configurations are listed in order of preference and subject to the City of Lake Stevens Design Guidelines and the additional design standards in subsection (d) of this section.

Vertical Mixed Use. Storage facilities comprised of two or more stories where the storage use is located on top of a ground floor office, retail, commercial or manufacturing use.

Horizontal Mixed Use. Storage facility comprised of two or more stories combined with a nonstorage use on the same development site. The storage use and nonstorage use(s) may be located in the same or separate buildings. The storage use must be behind the nonstorage use and screened from the public right-of-way.

Standalone. Storage facilities comprised of two or more stories, with no other uses on the development site.

Within vertical mixed-use buildings, the storage use may comprise no more than 70 percent of the total floor area, including accessory uses and subject to all other applicable provisions of this title, even when the storage facility office is in a ground floor suite.

Horizontal mixed-use storage facilities and their appurtenances–including loading bays, parking, vehicle and equipment rental, landscape screening and offices–shall be limited in size to 50 percent of the gross site area. The remaining 50 percent of the gross site area may be developed with nonstorage uses.

Standalone storage facilities and their appurtenances–including loading bays, parking, vehicle and equipment rental, landscape screening and offices–shall be limited in size to 50 percent of the gross site area.

Outdoor storage (either uncovered or canopied) of trucks, boats, or other recreational vehicles or equipment is permitted when:

The outdoor storage area is not visible from the public right-of-way through the use of landscaping, fencing, buildings, or other method of solid screening;

The outdoor storage area is less than 50 percent of the footprint of the indoor (enclosed) storage building(s) on the site;

The outdoor storage area is factored into the maximum gross site area identified in subsection (c)(3) of this section;

Within the Light Industrial or General Industrial zoning districts.

Design Standards. Storage facilities shall comply with the City of Lake Stevens Design Guidelines and the following standards:

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.

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.

For horizontal mixed-use facilities, the nonstorage use(s) and primary entrance shall be located adjacent to the public right-of-way with the storage facility use located behind the nonstorage use on the site.

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.

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

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.

§ 14.44.045 Accessory Dwelling Units (ADU).

Loading docks, entrances, outdoor storage or exterior bay doors may not be located on a side of the building that faces a public street.

(Ord. 1016, Sec. 2, 2018; Ord. 1147, Sec. 4, 2022)

The installation of two accessory dwelling units (ADU) in any configuration (attached or detached) shall be allowed in residential zoning districts with a principal unit subject to specific development standards.

Purpose. The purpose of allowing ADUs is to:

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.

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

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

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

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

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

Development Standards.

The ADUs may be within, attached to, or detached from the principal dwelling unit or converted from an existing legal accessory structure.

An ADU can be constructed to a maximum size of 1,000 square feet of total gross floor area.

If the ADU is completely located on a single floor within the footprint of the primary residential unit or an existing legal accessory structure, the Director or designee may allow an increase in ADU size to efficiently use the floor area, so long as all other standards set forth in this section are met. This flexibility is not intended to allow the division of larger residences into separate duplex units or two-family conversions, which are subject to Chapter 14.46, Part III.

ADUs shall not be smaller than 250 square feet of gross floor area.

Individual ADUs can be conveyed separately as condominium units per Chapter 64.34 RCW, subject to an approved binding site plan per Chapter 14.18.

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.

Per RCW 36.70A.681(i), detached ADUs do not require a setback from a rear property line that abuts a public alley, unless said alley is routinely plowed for snow.

Per RCW 36.70A.681(j), accessory dwelling units converted from existing accessory structures may be nonconforming to current setback and lot coverage requirements.

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

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

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

The impact fee for accessory dwelling units shall be no more than 50 percent of the impact fee imposed on the principal unit per the currently adopted fees resolution.

Parking.

Per Table 14.72-I, one off-street parking space per ADU unit is required in addition to the parking required for the primary dwelling unit.

No parking spaces are required for ADUs within one-half mile of a walking distance of a major transit stop as defined in RCW 36.70A.696 unless the City demonstrates implementation of this subsection will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses.

Other Regulations.

Per the definitions in RCW 36.70A.696, ADUs are considered separate dwelling units and provide complete independent living facilities separate from those of the primary residence.

§ 14.44.048 Temporary Public Structures.

Lots that contain designated critical areas or their buffers are regulated by Chapter 14.88 and may be subject to the reasonable use provisions in Sections 14.88.310 and 14.88.320, which may limit the number of ADUs permitted on a lot.

(Ord. 1030, Sec. 2 (Exh. B), 2018; Ord. 1179, Sec. 12, 2024)

Repealed by Ord. 1179.

(Ord. 468, 1995)

§ 14.44.050 Events.

Repealed by Ord. 811.

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

§ 14.44.060 Class "A," "B," or "C" Mobile Homes.

Repealed by Ord. 811.

(Ord. 468, 1995)

§ 14.44.064 Short-Term Rentals.

Purpose and Restrictions.

Short-term rentals allow temporary lodging in residential dwelling units for less than 30 days for direct or indirect compensation. Specific standards and reasonable limitations related to operating lawful short-term rentals are designed to minimize potential adverse commercial impacts in residential areas; protect against public nuisance activities; preserve the availability of housing stock and rental housing; allow property owners to efficiently use their properties and permit temporary accommodations. This section does not authorize any property owner to violate any covenants, conditions or restrictions applicable to the owner's residential dwelling unit.

Restrictions.

It shall be unlawful for any person to offer or to rent a short-term rental without obtaining a valid short-term rental permit issued by the Department of Planning and Community Development.

Only one short-term rental is permitted per parcel, which may be in the primary dwelling unit or an accessory dwelling unit, but not both.

Short-term rental permits are not transferable to another operator or location.

Use of the short-term rental for weddings, banquets, parties, charitable fundraising or other gatherings other than temporary lodging for direct or indirect compensation is prohibited.

Licensing and Registration.

Short-term rentals are allowed in the zoning districts identified in Table 14.40-I of Chapter 14.40 LSMC.

Short-term rentals shall be separated by at least 150 feet between parcel boundaries, as confirmed by the city, based upon the Snohomish County Assessor's parcel data. Distance shall be measured as a radius from the edge of the parcel boundaries of the short-term rental site.

The maximum total number of short-term rental licenses allowed at any one time to be issued per year shall be 50.

Short-term rentals require a Type I application per Table 14.16A-I, applicable fees and a written description of the proposed short-term rental identifying the following:

The name, phone number, email address and postal address providing valid current contact information for the owner and the operator (see definitions) and any other local contact. Any changes to the name or telephone number(s) of contact(s) must be submitted to the Department of Planning and Community Development and to property owners in proximity to the short-term rental site that share a common boundary and properties immediately across a street or other public right-of-way, within 14 days of the change and upon license renewal;

The address of the structure where the short-term rental use will occur;

The area to be rented, including number of bedrooms, to overnight guests; and

The initial short-term rental permit fee and renewal fee shall be established by resolution of the City Council.

Short-term rental operators shall obtain and maintain a city business license per Chapter 4.04 LSMC.

Short-term rental owners/operators shall maintain current insurance per RCW 64.37.050.

The short-term rental operator shall provide written notification to property owners in proximity to the project site that share a common boundary and properties immediately across a street or other public right-of-way of their intent to operate a short-term rental, on a form provided by the city. The short-term rental operator shall sign and return a copy of this notice to the Department of Planning and Community Development, as part of the Type I review.

The short-term rental operator shall attest that the short-term rental unit provides basic health and safety standards for rental parties and provide photographic and/or video documentation to the Department of Planning and Community Development as part of the initial Type I review and annual renewal.

"Basic health and safety standards"

means the short-term rental is equipped with working fire extinguishers, smoke detectors, carbon monoxide detectors and clearly marked exits within the unit in accordance with State building code requirements.

The city reserves the right to conduct inspections of the short-term rental in response to health and safety complaints, subject to any fees identified in the current fees resolution.

The Planning and Community Development Director or designee will evaluate short-term rental applications for compliance with the requirements of this section, other applicable sections of this code, including but not limited to Chapter 4.04 LSMC, Business Licenses and Regulations, LSMC Titles 14, Land Use Code, and 17, Uniform Enforcement Code, along with State regulations for short-term rentals in Chapter 64.37 RCW.

(10)

Duration of Approval and Renewal.

Short-term rental approvals shall be valid for a period of one year, with the effective date running from the date of issuance.

Short-term rentals must be renewed annually with the Department of Planning and Community Development, provided all the approval criteria continue to be met.

It is the owner's/operator's responsibility to ensure that the short-term rental remain in substantial compliance with all applicable codes and laws.

General Operating Requirements.

Subject to the provisions below, short-term rentals must be occupied by the short-term rental operator as a primary residence at least 240 days a calendar year unless the owner/operator has a primary residence within the Lake Stevens Urban Growth Area.

The residency requirement for the short-term rental operator does not apply for any time the subject property is not being used as a short-term rental.

When not on site or absent from their primary residence and unavailable for contact by the rental party or City employees during a short-term rental, the operator must designate an available local contact.

Short-term rentals shall be located within a permanent, legal conforming residential dwelling unit. No structures located overwater, either partly or wholly, shall be rented as a short-term rental for lodging and sleeping, unless such use is determined to be legally nonconforming. Rental of temporary structures, open land and recreational vehicles as a short-term rental is prohibited.

No more than two short-term rental parties can occupy the short-term rental at any time.

The short-term rental operator shall post a set of "good neighbor guidelines" in a conspicuous place in the short-term rental unit, on a form provided by the City, with the following information:

Contact information for the operator and designated local contact who is available 24 hours a day and seven days per week;

Emergency and nonemergency contact information for medical, police and fire services;

Quiet hours are between 10:00 p.m. and 7:00 a.m.;

The location of the rental's designated parking space(s);

The location of emergency shut-offs (e.g., gas, water, electrical and other primary utilities), fire extinguisher(s), fire exits and escape routes; and

The location of trash, compost and recycling containers.

A minimum of one off-street parking space shall be provided per every two bedrooms rented.

Per LSMC Table 14.72-I a minimum of two off-street parking spaces shall be provided for the dwelling unit.

Parking of boat trailers and recreational vehicles is only allowed when adequate parking is provided on site.

Short-term rental operators must remit all applicable local, state, and federal taxes and other assessments per RCW 64.37.020 for the short-term rental.

The short-term rental operator must comply with Chapter 64.37 RCW. When the standards of this section and Chapter 64.37 RCW differ, the stricter standards shall apply.

Permit Modifications.

The Director of Planning and Community Development or designee may modify the operational requirements based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term rental.

All requests must be in writing and shall identify how the strict application of the operational requirements creates an unreasonable hardship to a property or property owner, and if the requirement is not modified, reasonable use of the property for a short-term rental would not be allowed.

Any hardships identified must relate to physical constraints to the subject site. Such hardships cannot be self-induced or economic.

In addition, any modification to the operational requirements cannot further exacerbate an already existing problem.

Nuisance Activity. It shall constitute a public nuisance for any short-term rental operator to allow rental parties to create raucous noise or host unruly gatherings at a short-term rental in violation of Chapter 9.56 LSMC, Noise Control, or allow other nuisance activities as described in Chapter 9.60 LSMC, Nuisance Activity, or other applicable sections of this code.

All conditions which are determined by the Director or designee to be a nuisance activity shall be subject to enforcement pursuant to LSMC Title 17.

The short-term rental operator shall, upon receiving notification from the City, Police Department or any other means, that any rental party has created a public nuisance, engaged in disorderly conduct or committed violations of this code or applicable laws must promptly respond to the complaint and document corrective actions taken. Failure to respond to complaints in a timely manner may be grounds for penalties as set forth in this section. It is not intended that the short-term rental operator or local contact place himself or herself in an at-risk situation.

Complaints and Enforcement.

Complaints and enforcement are subject to the processes identified in Chapter 4.04 LSMC and LSMC Title 17 including any applicable fines and penalties.

A new short-term rental permit will not be issued to the short-term rental operator of a revoked short-term rental permit and business license until one year from the time of revocation has passed.

§ 14.44.065 Accessory Apartment in Industrial Zones.

Permits issued based on applications containing misrepresented or misleading information may be revoked.

(Ord. 590, 1998; Ord. 1139, Sec. 5, 2023)

Any accessory apartments permitted in the Light or General Industrial Zone shall meet the following standards:

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

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

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

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

The apartment use shall not enjoy the protection of the Manufacturing and Processing Performance Standards as contained in Part III of this chapter.

(Ord. 606, 1999; Ord. 1030, Sec. 2 (Exh. B), 2018; Ord. 1124, Sec. 2 (Exh. A), 2021)

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 the ordinance codified in 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:

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:

Utility hookups shall meet local, State, and Federal building code standards;

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;

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;

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

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.

Approvals.

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.

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.

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.

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

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; Ord. 1124, Sec. 2 (Exh. A), 2021)

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.

All private docks shall meet the following standards:

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.

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

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

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

All public docks shall meet the following standards

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

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

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

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

(Ord. 468, 1995; Ord. 590, 1998)

§ 14.44.075 Farm Animals.

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

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

Farm animals may be kept only on lots of two and one-half acres or larger except small farm animals such as rabbits, fowl, miniature goat breeds, 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).

Farm animals may be kept only for 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.

Farm animals must be kept a minimum of 50 feet from any stream buffer or wetland buffer.

Properties annexed into the city that do not meet the provisions of subsections (b) and (d) of this section but which can demonstrate an existing legally established use of the property under County regulations at the time of annexation may maintain said use, but may not increase the number of animals kept, reduce the existing wetland or stream buffer, or otherwise expand the scope or scale of the nonconformance to this section.

(Ord. 468, 1995; Ord. 607, Sec. 2, 1999; Ord. 903, Sec. 32, 2013; Ord. 1124, Sec. 2 (Exh. A), 2021)

§ 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. 468, 1995; Ord. 811, Sec. 43, 2010; Ord. 1096, Sec. 6, 2020)

§ 14.44.085 Mobile Food Vendors.

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.

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.

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.

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

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

Mobile food vendor addendum application.

A site plan depicting the following:

Vehicle ingress and egress;

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

Site conditions including property parcel lines, parking, and buildings.

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

Copy of Snohomish County Health Department permit.

Evidence of current Washington vehicle registration.

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.

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.

General Regulations.

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

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.

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.

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.

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.

Trash and Other Waste.

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.

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

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

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

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

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

Permitted Locations.

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

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.

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

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.

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

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

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

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

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:

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

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

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

Special Events.

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

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.

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.

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

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:

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

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; Ord. 1179, Sec. 12, 2024)

§ 14.44.090 Planned Business District.

Repealed by Ord. 1211.

(Ord. 468, 1995; Ord. 676, Sec. 34, 2003; Ord. 744, Sec. 4, 2007; Ord. 797, Sec. 5, 2009; Ord. 798, Sec. 6, 2009; Ord. 811, Sec. 44, 2010)

§ 14.44.095 Neighborhood Commercial.

Repealed by Ord. 1080.

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

§ 14.44.097 Marijuana Facilities.

Marijuana facilities shall meet the following development standards:

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.

No marijuana facility shall be allowed as a home occupation.

No marijuana cooperative is allowed.

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, RCW 43.216.010 and Section 14.08.010 shall control.

Location.

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.

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.

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

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:

Elementary or secondary school (public or private);

Playground;

Recreation center or facility;

Child care center, as defined in RCW 43.216.010(a);

Family day care provider, as defined in RCW 43.216.010(c);

Public park;

Public transit center;

Library;

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

Size and Number.

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

The maximum amount of space allotted for State-licensed marijuana production and processing facilities will be limited to 71,000 square feet citywide, with production facilities not to exceed 54,000 square feet of the total allotment.

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

The total number of marijuana retailers shall be one.

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.

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.

(m)

State-licensed marijuana producers and processors shall be subject to the licensing fee established in Section 4.08.030.

(Ord. 908, Sec. 8, 2014; Ord. 958, Sec. 4, 2016; Ord. 1119, Sec. 2 (Exh. A), 2021; Ord. 1126, Sec. 1, 2021)

§ 14.44.100 Bridge Housing.

Purpose and Restrictions.

The supplementary use regulations for bridge housing (emergency housing, emergency shelters and transitional housing), as defined in Chapter 14.08, are intended to provide clear and objective criteria to allow these uses while mitigating potential impacts to city residents, businesses, land uses and infrastructure.

Restrictions for Bridge Housing.

Applicants shall obtain a Type II bridge housing permit issued by the Department of Planning and Community Development.

Bridge housing permits are not transferable to another operator or location.

Licensing and Registration.

Bridge housing is allowed in the zoning districts identified in Section 14.38.020 and Table 14.40-1 LSMC.

Bridge housing uses require a Type II permit application per Table 14.16A-1, applicable fees per the city's fee resolution, and a Site Management Plan as detailed in subsection (c) of this section.

A renewal application shall be required every two years following initial application approval. The renewal shall be subject to any fees established by the city's fee resolution and shall document any changes to site operations from those described in the initial application.

Any material changes to site operations evaluated in the Operations and Safety Plan detailed in subsection (c)(1)(ii) of this section shall require a new application as opposed to a renewal application.

Site Management Plan Required.

The applicant shall prepare a Site Management Plan that includes the following information:

The name, phone number, email address and postal address providing valid current contact information for the site operator. Any changes to the name or telephone number(s) of contact(s) must be submitted to the Department of Planning and Community Development within 14 days of the change and upon license renewal;

An Operations and Safety Plan that details:

The target population served by the use (individuals, families, minors, etc.).

The background/screening process for site residents.

The maximum and anticipated average duration of stay for residents.

The maximum number of residents, including for individual rooms/units/suites.

Entry, site access and security controls, including any limitations on hours of ingress/egress for residents and staff.

Code of Conduct (or similar) required to be signed by residents.

The number of employees/volunteers serving the site.

Supportive services (medical, social, etc.) provided at the site;

A parking analysis documenting the number of parking spaces needed to meet the project's operational needs based on the number of residents and employees, anticipated vehicle ownership rate, average duration of stay and proximity to transit, except transitional housing.

Public Notice and Input.

Applicants shall provide public notice to properties within 300 feet, as required for Type II land use applications and subject to the provisions of LSMC § 14.16A.225.

Health and Safety.

All uses shall provide fire extinguishers, smoke detectors, carbon monoxide detectors and clearly marked exits and meet all other State building code and fire code requirements.

The city reserves the right to conduct inspections in response to health and safety complaints, subject to any fees identified in the current fees resolution.

Nuisance Activity.

It shall constitute a public nuisance to allow any operations or activities that result in violation of Chapter 9.56 LSMC. Noise Control, or allow other nuisance activities as described in Chapter 9.60 LSMC. Nuisance Activity, or other applicable sections of this code.

All conditions which are determined by the Director or designee to be a nuisance activity shall be subject to enforcement pursuant to LSMC Title 17.

Complaints and Enforcement.

Complaints and enforcement are subject to the processes identified in Chapter 4.04 LSMC and LSMC Title 17 including any applicable fines and penalties.

A new emergency housing and shelter permit will not be issued to the operator of a revoked emergency housing and shelter permit and business license until one year from the time of revocation has passed.