22.60.040 Allowed temporary uses | Monroe Municipal Code

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. Application for a solicitor/mobile vendor license must be made at least two working days before the license may be issued.

n. 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. 005/2019 § 10 (Exh. B))