Laserfiche WebLink
EMC Title 15, Local Project Review Procedures Page 86 of 94 <br />The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024. <br />1. The variance will not be materially detrimental to the property in the area of the subject <br />property or to the city as a whole; and <br />2. The variance is necessary because of exceptional or extraordinary circumstances <br />regarding the size, shape, topography or location of the subject property; or the location of <br />a preexisting improvement on the subject property that conformed to the zoning or unified <br />development code in effect when the improvement was constructed; and <br />3. The variance will only grant the subject property the same general rights enjoyed by <br />other property in the same area and zone as the subject property; and <br />4. The need for the requested variance is not the result of a self-created hardship. <br />E. Variances Prohibited. Under no circumstances shall the review authority grant a variance to <br />any of the following: <br />1. To any provisions establishing the uses that are permitted to locate or that may <br />continue to operate in any zone; or <br />2. To any of the procedural provisions of the code; or <br />3. To any provision that specifically states that its requirements are not subject to <br />variance; or <br />4. To minimum lot size or maximum residential density requirements; or <br />5. To the critical areas standards in Chapter 19.37. <br />F. Stay of Proceedings. If a request for a variance is made in an effort to remedy a violation of <br />Title 19 for which enforcement action has been commenced, the variance request stays all <br />proceedings on the enforcement action until the variance has been acted upon. If, in the <br />opinion of the mayor, a stay of proceedings would cause imminent peril to life or property, the <br />mayor may continue enforcement action and such enforcement action may not be stayed <br />except by a restraining order issued by superior court. If a variance request has been filed, <br />enforcement shall be taken only to the extent that there shall no longer be imminent peril to <br />life or property. (Ord. 3774-20 § 3 (Exh. 2), 2020.)