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• <br /> • <br /> 1 ORDINANCE NO. 79'3 if <br /> 2 <br /> AN ORDINANCE amending Ordinance No. 555-78 as amended by <br /> 3 Ordinance No. 665-80. <br /> 4 <br /> 5 <br /> WHEREAS, Ordinance No. 555-78 as amended by Ordinance No. 665-80 set forth <br /> 6 <br /> requirements for property owners to make improvements to City right-of-ways; and <br /> 7 <br /> WHEREAS, under certain circumstances, it is to the benefit of the City to allow <br /> 8 <br /> the property owner to install interim improvements or to deviate from the requirements <br /> 9 <br /> established in Ordinance No. 555-78 as amended by Ordinance No. 665-80; and <br /> 10 <br /> WHEREAS, Ordinance No. 555-78 as amended by Ordinance No. 665-80 provides <br /> 11 <br /> for procedures for variances and appeals from the requirements and determinations set <br /> 12 <br /> forth in therein; and <br /> 13 <br /> WHEREAS, the City of Everett has adopted Ordinance No. 692-80, establishing a <br /> 14 <br /> Land Use Hearing Examiner System which grants to the Hearing Examiner the duty of <br /> 15 <br /> hearing variances and appeals from administrative determinations of the City's streets <br /> 16 <br /> and sidewalk codes; <br /> 17 <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 18 <br /> Section 1: That Section 2 of Ordinance No. 665-80 (amending Section 2 of <br /> 19 <br /> Ordinance No. 555-78), which reads as follows: <br /> 20 <br /> 21 Section 2: Applicability <br /> 22 No building permit shall be issued by the City for construction of any new <br /> building or facility of any kind or description, or in connection with any <br /> 23 additions, alterations or repairs within any twelve (12) month period which <br /> exceeds fifty percent (50%) of the current market value of an existing <br /> 24 building or facility on the property, unless or until the public streets and <br /> alleys upon which the same abuts shall be improved at the owner(s) expense <br /> 25 in accordance with the following requirements: <br /> 26 A. All business, commercial, industrial, and multiple family residen- <br /> tial land uses, shall be required to construct street and/or alley <br /> 27 improvements together with all necessary appurtenances: pro- <br /> vided, however, at the discretion of the City Engineer when he is <br /> 28 satisfied that adequate improvements exist except for nominal lack <br /> of street width, a recordable covenant which consents to the <br /> 29 formation of a local improvement district (L.I.D.) and constitutes a <br /> waiver of protest to the formation of such a local improvement <br /> 30 district (hereinafter referred to as "L.I.D. covenant") may be <br /> substituted for any and all construction requirements herein. <br /> 31 Forms of the L.I.D. covenant shall be provided by the City and <br /> approved by the City Attorney. <br /> 32 <br />