17.30.010 Permitted land uses and established classification of uses.
(1) No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or structure or land be used, designed, or arranged, for any purpose other than is permitted pursuant to this section in the district in which the building or structure or land is located; provided, that such regulations shall not prohibit the continuance of an existing use.
(2) Land Use Classifications Established. This section establishes permitted, conditional, accessory, and prohibited uses for all properties within the city limits. All uses in a given zone are one of the following permit types:
(a) Permitted Use. Land uses allowed outright within a zone.
(b) Accessory Use. Uses customarily incidental and subordinate to the principal use and located upon the same lot occupied by the principal use. Accessory uses are intended to support the main occupancy of the principal use.
(c) Conditional Use. Uses with special characteristics that may not generally be appropriate within a zoning district, but may be permitted subject to review by the hearing examiner to establish conditions to protect public health, safety and welfare.
(d) Prohibited Use. Any use which is not specifically enumerated or interpreted by the city as allowable in that district. Any use not specifically listed as a permitted, accessory, or conditional use is prohibited, except those uses determined to be unclassified and permitted by the community development director. Specific prohibited uses are listed in SMC 17.30.030. Any prohibited use is illegal and is subject to civil or criminal penalties under SMC Title 13.
(e) Temporary Uses. Temporary use permits are intended to allow for short-term placement of activities on private or public property with appropriate mechanisms in places to be compatible with surrounding areas. The director may approve or modify and approve an application for a temporary use permit if:
(i) The temporary use will not be materially detrimental to public health, safety, or welfare, nor injurious to property and improvements in the immediate vicinity of the subject temporary use.
(ii) The temporary use is not incompatible in intensity and appearance with existing land uses in the immediate vicinity of the temporary use.
(iii) Adequate parking is provided for the temporary use, and if applicable the temporary use does not create a parking shortage for the existing uses on the site.
(iv) Hours of operation of the temporary use are specified.
(v) The temporary use will not create noise, light, or glare which would adversely impact surrounding uses and properties.
(f) Unclassified Use. A use which is not a permitted use, accessory use, or conditional use, but which is interpreted by the Stanwood hearing examiner as similar to a permitted, conditionally permitted or accessory use and that is not otherwise prohibited by the permitted use tables listed in this chapter. (Ord. 1499 § 2 (Exh. B), 2021).