Ordinance 3774-20 - Laserfiche WebLink

B. Nonresidential Uses. 1. The planned development overlay may allow nonresidential uses which are not otherwise permitted in the underlying use zone only under one or more of the following circumstances: a. The use shall be part of a planned development in which not more than twenty-five percent(25%)of the gross floor area of the development is devoted to a use which is not otherwise permitted in the underlying use zone. b. The use shall be supportive of and/or complementary to the other uses within a planned development. c. The use shall be compatible with the uses permitted in the surrounding area. d. There is public benefit to be realized by allowing the proposed use. 2. Nonresidential uses may be located within the residentially zoned portion of a planned development when the proposed development includes residential use as an integral component of the planned development and when nonresidential uses are situated and developed in such a manner as to be compatible with any residential uses that are existing or which could be developed in the adjoining residentially zoned area. 19.29.050 Modification of development standards. A. The city, using the planned development overlay, may allow the following development standards to be modified: 1. Building setbacks; 2. Height of building or structure; 3. Required off-street parking spaces; 4. Landscaping requirements; 5. Sign requirements; 6. Standards specified in the"special regulations"or footnotes of the use tables(EMC 19.05); 7. Lot size; 8. Lot width; 9. Design and development standards contained in this title. 10. Residential increase of up to fifteen percent(15%)greater than the density would be allowed pursuant to EMC 19.06 without the planned development overlay if: a. The design quality of the development offsets the impact of the increase in density;and b. The increase in density is compatible with existing uses in the immediate vicinity of the subject property. B. Standards which may not be modified or altered are: 1. Shoreline regulations when the property is located in an area under the jurisdiction of the Everett shoreline master program; 2. Standards pertaining to development in critical areas or floodplains; 3. Regulations pertaining to nonconforming uses. C. Basis for Approval of Alternative Development Standards.Approval of alternative development standards using the planned development overlay differs from the variance procedure described in EMC 19.41 of this title in that rather than being based upon a hardship or unusual circumstance related to a specific property, the approval of alternative development standards proposed by a planned development shall be based upon the quality of the development plan and the criteria listed in this paragraph. In evaluating a planned development which proposes to modify the development standards of the underlying use zone,the city shall consider and base its findings upon the ability of the proposal to satisfy the following criteria: 1. The quality of the proposed development and its compatibility with surrounding properties, especially related to: a. Landscaping and buffering of buildings, parking, loading and storage areas, b. Public safety, Ch.19.29 Planned Development 2 City Council Action(11/04/2020)