Ordinance 2328-98 - Laserfiche WebLink

features that apply to the subject property which prohibit the applicant from meeting the standards of this Ordinance; b) The authorization of the variance will not be detrimental to the public welfare or injurious to the property in the vicinity or zone in which the property is located; and c) A hardship would be incurred by the applicant if required to comply with the strict application of the section or sections identified in this Ordinance or the Everett Zoning Code. B. Tax Segregated Lots 1. Tax Lots: Tax lots created through the tax segregation process, Chapter 84.56 RCW, are not recognized as lots for the purpose of this Ordinance and Everett Zoning Code unless they have been formally divided pursuant to the requirements of Chapter 58.17 RCW and applicable City Ordinances. If the lots have not been formally divided pursuant to the requirements of Chapter 58.17 RCW and applicable City Ordinances, they must be subdivided or short subdivided in accordance with the requirements of this Ordinance; provided, however, lots which have been created through the tax segregation process shall not be required to be divided in accordance with the requirements of Chapter 58.17 RCW and this Ordinance if they meet the following requirements: a) The lot(s) were created by the tax segregation process defined in Chapter 84.56 RCW prior to November 2, 1975, and the lots meet all zoning regulations in effect at the time they were created; and b) The lot(s) meet all lot requirements in effect at the time of segregation including area, width, depth, and frontage of the Everett Zoning Code. In the event the subject property has been annexed into the city, the property must meet County Zoning regulations at the time of annexation. c) As a exception to Section 8.B.1.(a), the City may certify a tax lot if requested by a 3rd party innocent purchaser if such lot complies with Zoning Code Requirements and the development standards of this Ordinance. 2. Variance for Tax Lots: If a tax segregated lot was created prior to November 2, 1975, and does not meet the zoning requirements set forth in Section 8.B.1, an application for a variance as set forth in Sections 8.A or B may be made to the City. When considering the variance, the City or Hearing Examiner may consider as an "exceptional circumstance or condition" for purposes of Section 8.A or B, when appropriate for the subject property, whether building permit(s) were issued by the City or County and whether the information provided by the applicant when applying for said building permit(s) was complete and accurate. In granting a variance, the City or the Hearing Examiner may impose, as a condition of approval, any conditions which the City or Hearing Examiner 76