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Exhibit B <br />ORDINANCE Exhibit A - Page 18 of 66 <br />iv. Stormwater Low Impact Development Best Management Practices construction and <br />maintenance protects the stream and stream buffer and is aligned to avoid cutting trees <br />greater than 12 inches in diameter at breast height, when practical <br />c. For Type Np and Ns streams and category III, and IV wetlands, the planning director may <br />grant an exception to the outer twenty-five percent limitation when the applicant demonstrates <br />that the project would significantly increase wetland or stream function and would not <br />substantially alter stream or wetland hydrology. Additional analysis demonstrating a proposed <br />significant increase in wetland and/or stream function as measured by the Western Washington <br />Wetland Rating System is required to be prepared by a qualified professional and submitted for <br />review prior to authorization. <br />19.37.070 GENERAL PROVISIONS FOR NONCONFORMING STRUCTURES AND IMPROVEMENTS <br />IN CRITICAL AREAS AND BUFFERS <br />The following establishes provisions for nonconforming structures and improvements located within <br />critical areas or their buffers within Everett’s jurisdiction. In a critical areas context, nonconforming <br />structures and improvements are those legally established structures and improvements which met all <br />local, state, and federal regulations in effect at the time of construction but would otherwise require <br />additional critical area review and approval under current requirements. <br />A. General Provisions <br />1. Nonconforming structures and improvements may remain, be maintained, repaired, and <br />replaced in accordance with this chapter. <br />2. Nonconforming structures and improvements may be expanded only as permitted by EMC <br />19.37.050. <br />3. Lawns and nonnative vegetation may be maintained, but not expanded, within buffers or <br />critical areas. <br />4. All activities or developments using the provisions of this section shall demonstrate how the <br />proposal follows mitigation sequencing in EMC 19.37.100, and shall describe the proposed use <br />of any applicable best management practices. <br />5. Except for upper floor expansions not increasing a development footprint, the provisions of <br />subsections (C) and (D) of this section may each be used one time for the subject property and <br />may be used in combination. Any development application utilizing these provisions shall clearly <br />document how the proposal meets these provisions. <br />B. Maintenance and Repair of Nonconforming Structures <br />1. A nonconforming structure may be maintained, repaired, or internally modified provided that <br />the work does not increase the structure footprint or impervious area. <br />C. Reconstruction of Existing Nonconforming Structures