Ordinance 3774-20 - Laserfiche WebLink

Instructions to reader:This chapter in the Unified Development Code will repeal the existing Chapter 19.38 and replace with the chapter set forth below.For a summary of the effect of this chapter from current standards,please visit the Rethink Zoning Library at https://everettwa.gov/2453/Rethink-Zoning-Library. Chapter 19.38 Nonconformities Table of Contents CHAPTER 19.38 NONCONFORMITIES 1 19.38.010 PURPOSE AND INTENT. 1 19.38.020 NONCONFORMING USES 1 19.38.030 NONCONFORMING STRUCTURES. 2 19.38.040 SUBSTANDARD LOTS-NONCONFORMING LOTS. 4 19.38.050 CERTIFICATIONS 4 19.38.060 DEFINITIONS. 5 19.38.010 Purpose and intent. A. The purpose of this chapter is to regulate nonconforming structures, uses and lots.This chapter includes regulations for determining the legal status of nonconforming uses,structures and other site improvements by creating provisions through which they may be established,maintained,altered,reconstructed,expanded or abated. B. For additional requirements related other nonconformities,see the following sections of this title: 1. Open space and common areas—see Chapter 19.09 for multifamily residential and 19.12 for industrial uses; 2. Adult use businesses—see Chapter 19.13; 3. Parking—see Chapter 19.34; 4. Landscaping—see Chapter 19.35; 5. Signs—see Chapter 19.36. 6. Uses within shoreline jurisdiction—see Shoreline Master Program 19.38.020 Nonconforming uses. A. Continuation.A nonconforming use is transferable to a new owner or tenant; provided,that the use is not expanded or discontinued as provided in subsection B of this section and may continue and need not be brought into conformance with this chapter unless a specific provision of the Unified Development Code otherwise requires conformance. B. Discontinuation. Any use which is nonconforming and has ceased for a period of two or more years shall lose such nonconforming status.All subsequent use of the property or building shall be a use which conforms with the requirements of the Unified Development Code. 1. A nonconforming use shall be considered discontinued if it meets any of the following criteria: a. A permitted use has been established within the building containing the nonconforming use; b. No product or inventory is displayed,stored or sold directly related to the nonconforming use;and c. Buildings and/or portions of the site engaged in the nonconforming use have been vacant for one year or more. 2. For the purpose of this section a nonconforming residential use shall not be considered discontinued if the unit or units are vacant,provided the property is maintained consistent with the adopted provisions of the International Property Maintenance Code and with EMC Chapter 8.20.020, Nuisances. However, when a nonconforming residential use has been changed to a permitted use,the residential use shall not be re-established. Ch.19.38,Nonconformities 1 City Council Action(11/04/2020)