Ordinance 2095-95 - Laserfiche WebLink

B. Re-establishment,Change to Another Nonconforming Use. 1. 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 five years after the use has ceased to operate. An application to reestablish the use shall be subject to Review Process II.A. 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. 2. Change to Another Nonconforming Use. A nonconforming grocery store may be changed to another neighborhood oriented business using Review Process II.B and the evaluation criteria that apply to expansion of nonconforming uses contained in Section 38.090. 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 five years of such fire or other casualty. All new construction shall comply with the provisions of the building code then in effect. Section 10. That should any section, subsection, paragraph, sentence clause or phrase set forth in this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Everett hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause,phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses,phrases or portions be declared invalid or unconstitutional. Section 11. 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 provisions nor any term used in this ordinance is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing contained in this ordinance is intended nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the City, its officers, employees or agents.