Chapter 19.02
LEGAL EFFECT AND APPLICABILITY

Sections:

19.02.010    Time of effect.

19.02.020    Map incorporated.

19.02.030    Zoning boundary interpretation.

19.02.040    Applicability.

19.02.050    Benefits.

19.02.060    Limitations.

19.02.070    Relationship to other regulations and requirements.

19.02.080    Land use.

19.02.090    Design review.

19.02.010 Time of effect.

This title, including amendments, applies to every development, use, action or activity commenced or engaged in after the effective date of this title, or amendment, unless expressly provided otherwise. (Ord. 1671-89 (part), 1989.)

19.02.020 Map incorporated.

The map or set of maps entitled city of Everett zoning map is adopted as part of this title. (Ord. 1671-89 (part), 1989.)

19.02.030 Zoning boundary interpretation.

Where uncertainty exists as to the precise location of zoning district boundaries, as shown on the zoning map, the following rules shall apply:

A.    Following Property Lines. Where a zoning boundary is indicated as approximately following a property line, the property line is the zone boundary.

B.    Following Streets or Alleys. Where a zone boundary is indicated as following a street or alley, the centerline of the street or alley is the zone boundary. Where this title provides for a minimum separation between a specified use or activity and a particular zone, the measurement shall be taken between the specified use or activity and the nearest lot within the zone, and not between the specified use or activity and the zone boundary within a public right-of-way.

C.    Tidelands, Tidal Flats, Rivers, Lakes and Port Gardner Bay. Where a zone boundary abuts a body of water, except as otherwise indicated in the Urban Deep Water Port, Maritime, and Municipal Watershed shoreline environments, the zone boundary is the ordinary high water mark.

D.    Other Cases. Where a zone boundary is not indicated to follow a property line or public right-of-way, the boundary line is as drawn, based upon the scale shown on the zoning map.

E.    Classification of Vacated Rights-of-Way. Where a right-of-way is vacated, the area comprising the vacated right-of-way shall acquire the classification of the property to which it reverts unless otherwise provided by city council action. (Ord. 2706-03 § 4, 2003: Ord. 2397-99 §§ 8, 9, 1999; Ord. 1671-89 (part), 1989.)

19.02.040 Applicability.

This title shall apply to all land and waters within the corporate boundaries of the city, except as otherwise provided by law. (Ord. 1671-89 (part), 1989.)

19.02.050 Benefits.

This title shall be enforced for the benefit of 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 provisions of this title. (Ord. 1671-89 (part), 1989.)

19.02.060 Limitations.

It is the intent of this title to place the obligation of complying with its requirements upon the developers, permit applicants, owners and occupiers of the land or building within its jurisdiction. No provision of, or term used in this title is intended to impose any duty upon the city or any of its officers or employees. Nothing contained in this title is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, employees or agents for any injury or damage resulting from a failure to comply with provisions of this title, or by reason of or in consequence of any permission, denial or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this title or by reason of any action or inaction on the part of the city related in any manner to the implementation or enforcement of this ordinance by the city, its officers, employees or agents. (Ord. 1671-89 (part), 1989.)

19.02.070 Relationship to other regulations and requirements.

All uses and development authorized by this chapter shall comply with all other regulations and requirements of the Everett Municipal Code or any other local, state or federal agency that has jurisdiction by law over land uses and development authorized by this chapter. Where a conflict exists between this chapter and other regulations, the more stringent requirements shall apply. If the requirements of any section of this title conflict with any other section, the more restrictive requirement shall apply. If, in the opinion of the planning director, neither section is more restrictive, the planning director shall determine how to apply the code. (Ord. 2397-99 § 10, 1999: Ord. 1849-92 § 2, 1992; Ord. 1671-89 (part), 1989.)

19.02.080 Land use.

A.    No building, structure or property shall hereafter be used and no building or part thereof shall be built, enlarged, demolished or moved except in conformity with the provisions of this title for the zone in which it is located. When the requirements of this title, as applied to a specific property, use or building are unclear, the planning director is hereby authorized to interpret how the requirements of this title shall apply.

B.    No lot, yard, off-street parking or loading area, or other open space shall hereafter be reduced below the minimum requirements of this title. No existing lot, yard, off-street parking or loading area or other open space less than the minimum required by this title shall be further reduced unless specifically authorized by an approval granted under one of the review processes described in this title.

C.    Specific vs. General. Wherever a use is both specifically listed and generally implied in the use table, the more specific regulations shall supersede the general regulations.

D.    Listed vs. Unlisted Uses.

1.    Land uses which are listed in the use table shall be permitted subject to the review processes, standards and regulations specified in this title. If a use is not listed specifically or generally in the use table, it shall be considered to be a prohibited use.

2.    If a proposed use is not specifically listed in the use table in a specific zone, the planning director may promulgate an interpretation as to whether or not such use is to be a permitted use, pursuant to Section 19.41.040 of this title. The planning director shall determine whether it closely resembles another listed use. Any use which is determined not to fit in the zone shall not be permitted. In determining whether a proposed use closely resembles a use expressly authorized in the applicable zoning district(s), the planning director shall determine whether the proposed use meets the following criteria:

a.    The use resembles or is of the same basic nature as a use or uses expressly authorized in the applicable zoning district or districts in terms of the following:

i.    The activities involved in or equipment or materials employed in the use;

ii.    The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations, lighting and glare, and aesthetic appearance.

b.    The use is consistent with the stated purpose of the applicable district or districts.

c.    The use is compatible with the goals and policies of the Everett comprehensive plan.

3.    The planning director’s determination may be appealed as provided in Section 19.41.180 of this title. (Ord. 2397-99 § 11, 1999: Ord. 1671-89 (part), 1989.)

19.02.090 Design review.

The planning director may engage the services of a licensed architect, or other licensed design professional when the director deems it appropriate and in the public interest, to provide recommendations in connection with the review of any project that: (A) is subject to any design standard or guideline established in this title; or (B) involves discretionary design-related decisions, such as a modification of design standards, authorized in this title. Recommendations of the architect or design professional shall be advisory only, and shall not otherwise limit the director’s authority to require changes in any project design to meet the design requirements of this title or the director’s discretion to approve or deny requested modifications or apply discretionary design criteria. (Ord. 3167-09 § 1, 2009.)