Ordinance 3774-20 - Laserfiche WebLink

a. The new accessory structure does not exceed fifteen feet in height within the setback,or the height at which the structure was certified above fifteen feet within the setback, b. The new accessory structure meets current building code requirements;and c. The location of the nonconforming accessory structure is certified by the planning department. 19.38.040 Substandard lots-Nonconforming lots. This section addresses lots that do not meet minimum lot area and/or dimensional requirements of this title,and lots that have been created or altered prior to there being a formal land division requirement in the city.This section also addresses how such lots may be considered legal lots for zoning purposes. A. R-S, R-1 and R-2 zones. In the R-S, R-1 and R-2 zones,subject to other limitations imposed by other provisions of this title,a single-family dwelling may be erected on any single"lot"as defined in this title. A lot shall meet the following criteria,as applicable: 1. A lot created via the subdivision process of Chapter 58.17 RCW; 2. A lot which created prior to December 1, 1956; 3. Any lot which met minimum lot area requirements under the regulations or standards of Snohomish County prior to annexation or incorporation into the city of Everett;and 4. A lot reduced below minimum zoning requirements as a result of public acquisition of property. B. Substandard Lots-Multifamily,Commercial and Industrial zones. Any substandard lot may be used for any of the uses permitted in the respective zone,subject to the special regulations and end notes in EMC Chapter 19.05,and in accordance with the review process and general evaluation criteria in EMC Title 15 and all other regulations including minimum yards, provided: 1. All such lots shall meet the definition of"nonconforming lot"as defined in this title and shall not have been merged or otherwise created illegally. 2. Commercial or industrial lots which have been created through the binding site plan process are exempt from this section. 3. The use complies with all other requirements of this title. C. Substandard Lots—Merger Clause.The following applies to substandard lots in the R-S, R-1 and R-2 zones which otherwise meet the criteria in subsection A of this section: 1. If two or more substandard lots or a combination of lots or substandard lots and portion(s)of lots and substandard lots are contiguous and were acquired by common conveyance prior to the above dates,or which have been legally combined at any time subsequent to the above dates,and if all or part of the lots do not meet the requirements established for minimum lot area and width,the lands involved shall be merged and considered to be a single undivided lot. No portion of the lot shall be used,altered or sold in a manner which diminishes compliance with lot area and width requirements, nor shall any division of any such lot be made which creates a lot with area or width below the requirements permitted by this chapter. 2. If two or more substandard lots or a combination of lots or substandard lots and portions of lots or substandard lots are contiguous and a structure is constructed on or across the lot line(s)which make the lots contiguous,then the lands involved shall be merged and considered to be a single undivided lot. No portion of said lot shall be used,altered or sold in any manner which diminishes compliance with lot area or width requirements, nor shall any division be made which creates a lot with area or width below the requirements permitted by this title. For purposes of this section,"structure" means anything constructed or erected,the use of which requires location on the ground or attachment to something having location on the ground and includes, but is not limited to,houses,garages,carports and accessory structures. 19.38.050 Certifications. Ch.19.38,Nonconformities 4 City Council Action(11/04/2020)