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Ordinance 4102-25
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Ordinance 4102-25
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Last modified
6/24/2025 3:49:40 PM
Creation date
6/24/2025 3:42:46 PM
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Ordinances
Ordinance Number
4102-25
Date
6/18/2025
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EVERETT 2044 <br />DEVELOPMENT REGULATIONS <br /> <br /> <br />6/17/2025 <br />DEVELOPMENT REGULATIONS <br />Page 283 <br />(9) A descriptfon of the proposed enhancement/restoratfon of the critfcal area 1 <br />and buffer necessary to result in no net loss of functfon to the maximum extent 2 <br />feasible; 3 <br />(10) Such other informatfon as the planning director determines is reasonably 4 <br />necessary to evaluate the issue of reasonable economic use as it relates to the 5 <br />proposed development. 6 <br />c. Reasonable Use Administrative Modification. If, in order to provide reasonable 7 <br />economic use, the standards of this tftle need to be modified, the planning director is 8 <br />authorized to grant an administratfve modificatfon to the standards of this tftle in 9 <br />accordance with the following: 10 <br />(1) If a reasonable economic use of a lot cannot exist without modificatfon of 11 <br />the required front, side and/or rear setbacks, building height, and/or landscape 12 <br />widths, the planning director is authorized to administratfvely modify such 13 <br />standards only to the extent necessary to provide for a reasonable economic use 14 <br />of the lot while providing greater protectfon to the critfcal areas than if the 15 <br />standard were met; 16 <br />(2) If a reasonable economic use of a lot cannot exist without a reductfon of 17 <br />the buffers of the critfcal areas, the planning director is authorized to 18 <br />administratfvely permit a reductfon in the buffers only to the extent necessary to 19 <br />provide for a reasonable use of the lot. Where buffer reductfon is permitted, 20 <br />enhancement/restoratfon of the buffer and/or critfcal area must be provided so 21 <br />that mitfgatfon results in no net loss of critfcal area and buffer functfons to the 22 <br />maximum extent feasible; or 23 <br />(3) If a reasonable economic use of a lot cannot exist by means of either 24 <br />subsectfon (B)(6)(c)(1) or (2) of this sectfon, then the planning director is 25 <br />authorized, using the review process described in EMC Title 15, Local Project 26 <br />Review Procedures, to administratfvely grant a transfer of development rights in 27 <br />additfon to subsectfon (B)(6)(c)(1) or (2) of this sectfon, or in lieu of them. For 28 <br />purposes of this sectfon, “transfer of development rights (TDR)” means that the 29 <br />city severs the development rights from the fee interest and permits the owner 30 <br />of the restricted property to either transfer an authorized portfon of the 31 <br />development rights in that property to another lot owned by the restricted party 32 <br />in accordance with the following provisions, or permits the owner of the 33 <br />restricted property to sell an authorized portfon of the rights to owners of land 34 <br />who can use the authorized development rights in accordance with the 35 <br />following: 36 <br />(A) Single-Family ZonesNeighborhood Residential zones. The number of 37 <br />dwelling units allowed under a reasonable use determinatfon for any 38 <br />residentfal development may be transferred to a single-family 39 <br />neighborhood residentfal or neighborhood residentfal-constrained zone; 40
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