Ordinance 2065-95 - Laserfiche WebLink

• • • • • ORDINANCE NO. 2065-95 An Ordinance Relating to the Zoning Code Regulations for Expansion of Nonconforming Uses and Buildings, amending Section 38.090 of Ordinance No. 1671-89 (EMC 19.38.090), and Section 38.040 (D) of Ordinance No. 1671-89 (EMC 19.38.040 (D)). WHEREAS, the City did adopt Ordinance #1671-89 establishing a new Zoning Code which became effective on January 13, 1990; and WHEREAS, said Ordinance established regulations for nonconforming uses; and WHEREAS, the City Council finds that the zoning regulations for expansion of nonconforming uses and buildings need revision to allow for consideration of expansion proposals on a case by case basis through which the merits of each proposal can be evaluated for compatibility with surrounding uses; and WHEREAS, the City Council finds that the proposed revision to the zoning code regulations for expansion of nonconforming uses and buildings are consistent with the Everett Comprehensive Plan; bear a substantial relation to the public health, safety and welfare; and promote the best long-term interests of the Everett Community. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Section 38.040 of Ordinance#1671-89, as amended, Subsection D, which reads: Expansion of a Nonconforming Use. Expansion of a nonconforming use may be permitted using Review Process III.B. The evaluation criteria which shall be considered during the review of the proposed expansion are contained in Subsection 38.090. is hereby amended to read: • Expansion of a Nonconforming Use. A nonconforming use may be expanded by twenty- five (25) percent or less in building area, land area and/or parking area if approved using Review Process II.B and the evaluation criteria in Section 38.090. A nonconforming use may be expanded by more than 25 percent in building area, land area and/or parking area if approved using Review Process III.B and the evaluation criteria of Section 38.090. Under no circumstances shall the expansion result in the following: