2012/10/10 Council Agenda Packet

• 2 4. The Planning Commission provided opportunities for the public to comment and gave due consideration to those comments in making its' recommendation. NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: • Section 1. Ordinance No. 1671-89 as amended by Section 49 of Ordinance No. 2397-99, Sections 28 &29 of Ordinance No.2657-02, Section 5 of Ordinance No.2708-3, Section 10 of Ordinance No.2854-05, Section 6 of Ordinance No. 3002-07, Section 14 of Ordinance No. 3072-08,and Section 13 of Ordinance No.3099-08 (codified as Section 19.34.020 and Map No. 34-1 EMC) is hereby amended by the addition of the following new subsection: C. Off-street parking in the Hewitt Avenue east corridor. For properties that are located within the Hewitt Avenue east corridor(Map No.34-2),when a change of use occurs no additional off- street parking is required provided that: 1. There is no expansion of building floor area; 2. If the previous use of the property did not provide the number of off-street parking spaces required by this Title,the City must be able to certify that the previous use was • nonconforming with respect to the number of required off-street parking spaces, 3. The proposal will not involve converting a non-residential use into a residential use,nor will it reduce the amount of off-street parking available to any residences on the site to less than required by this chapter; 4. The change of use will not result in a reduction in the number of off-street parking spaces on the subject property. Section 2. Section 34 of Ordinance No. 1671-89, as amended(EMC Chapter 19.34),is hereby amended by the addition of Map No. 34-2,attached hereto as Exhibit A. . Section 3. Ordinance No. 1671-89 as amended by Section 6 of Ordinance No. 2095-95 (Section 19.38.060.EMC)which reads as follows: 0 3 8.060 Nonconforming parking. If a use which was lawfully established has less parking than required by the zoning code,it need not provide additional parking except under the following circumstances: • A. Expansion of Building.Any increase in the floor area of the building shall provide additional parking for the added floor area in accordance with the current parking requirements for such use. 2 • 5