Ordinance 2095-95 - Laserfiche WebLink

8. The generation of nuisance irritants such as noise, smoke,odor, glare,visual blight or other undesirable environmental impacts. 9. Consistency with the goals and policies of the Everett general plan and the purpose of the zone in which it is located. 10. Consistency with the environmental policies as stipulated in the city's SEPA ordinance. 11. Compliance with other provisions of this title,other city, state and federal regulations. Section 9. Section 38.100 of Ordinance# 1671-89(EMC 19.38.100),which reads: Nonconforming grocery stores in residential zones. Nonconforming grocery stores containing not more than five thousand square feet gross floor area shall be subject to the provisions of this section regarding discontinuation,re-establishment and damage or destruction. A. Discontinuation.A nonconforming grocery store located in a residential zone which has ceased to operate for a period of two years or more shall lose its nonconforming status and all subsequent use of such property shall be a use which conforms with the requirements of this title, except as provided in subsections B and C of this section. B. Re-establishment. A nonconforming grocery store which has lost its nonconforming status may be reestablished; provided,that application to reestablish such use is made to the planning department not later than three years after the use has ceased to operate.An application to reestablish the use shall be subject to Review Process II.B. Any such nonconforming grocery store which is permitted to be reestablished shall be limited to retail sales of groceries and related items. Sale of gasoline or other vehicle fuels will not be permitted. C. Damage or Destruction.Nonconforming grocery stores located in residential zones which are destroyed to any extent by fire or other casualty not caused by the owner intentionally may be rebuilt;provided,that the gross floor area of the structure and exterior dimensions of the structure shall not exceed the same dimensions or standards of the previous structure. The provisions of this section shall only be available if an application for building permit is filed within two years of such fire or other casualty.All new construction shall comply with the provisions of the building code then in effect. ) is hereby amended to read: Nonconforming grocery stores in residential zones. Nonconforming grocery stores containing not more than five thousand square feet gross floor area shall be subject to the provisions of this Section regarding discontinuation,re-establishment and damage or destruction. A. Discontinuation.A nonconforming grocery store located in a residential zone which has ceased to operate for a period of three years or more shall lose its nonconforming status and all subsequent use of such property shall be a use which conforms with the requirements of the Zoning Code,except as provided in subsections B and C of this section.