Ordinance 2718-03 - Laserfiche WebLink

A. Tax Lots. Tax lots created through the tax segregation process, Chapter 84.56 RCW, are not recognized as lots for the purpose of this title 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 title;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 title if they meet the following requirements: 1. 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 2. 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. 3. As a exception to subsection A.1 of this section, the city may certify a tax lot if requested by a third party innocent purchaser if such lot complies with zoning code requirements and the development standards of this title. B. 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 subsection A of this section, an application for a variance as set forth in the variance requirements or tax segregated lots provisions of this chapter 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 the variance requirements or tax segregated lots provisions of this chapter,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 determines to be necessary for the health, safety and welfare of the general public. Is hereby repealed. Section 41: It is expressly the purpose of this ordinance to provide for and promote the health safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance. It is the specific intent of this ordinance that no provision nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees.