Chapter 18.32


18.32.010    Variances.

18.32.020    Repealed.

18.32.050    Delegation.

18.32.060    Transition.

18.32.070    Effect of noncompliance.

18.32.080    Illegal transfers—Filing unapproved division of land or boundary line adjustment.

18.32.090    Violation—Penalty.

18.32.100    Nonexclusive provisions.

18.32.010 Variances.

Applications for variances under this title shall be limited to the following: (a) lot depth for lots when the originating parcel meets the lot frontage and lot width standards of the zoning code. However, variances that would allow any lot to be less than seventy feet shall not be granted; and (b) lot area, dimensional, and setback requirements as set forth in Section 18.28.070. Lot yield shall not be considered as a basis for evaluation of variance applications. The applicable criteria for both types of variances are listed in this subsection. Variances shall be processed as provided for in Title 15 of the Everett Municipal Code pertaining to short subdivisions. Approval of a site development plan by the city will be required for the granting of any variance.

A.    Variance Criteria. In order for the director or hearing examiner to grant a lot depth variance, he/she must find that all of the following criteria have been met:

1.    The authorization of the variance will not be detrimental to the public welfare or injurious to the property in the vicinity or zone in which the property is located, or to lots within the subdivision for which the variance is granted;

2.    A site development plan that complies with all other requirements of this title and the zoning code has been submitted and approved by the director; and

3.    The lot or lots meet minimum frontage required in the zoning code and have at least seventy feet of lot depth.

B.    Variance Criteria for Divisions of Land with Existing Nonconforming Structures. A variance from lot area, dimensional and setback standards may be granted only if the existing legal nonconforming structures meet the following minimum standards:

1.    The nonconforming structures shall be single-family dwellings in a single-family zone;

2.    The structures shall comply with the city’s Uniform Housing Code ordinance, as amended. The city shall require, at the applicant’s expense, an inspection and a report from an independent housing inspector to determine compliance with Uniform Housing Code requirements. This report shall be submitted with the short subdivision application;

3.    All lots and existing structures shall meet minimum fire safety and public utility standards as defined by the city;

4.    All lots and existing structures shall provide for adequate off-street parking, private yard area as defined in the design and development provisions of this chapter, and adequate setbacks of existing structures from new proposed lot lines as determined by the city; and

5.    All lots must have full frontage on a public street. The use of easement access, panhandle lot or alley frontage is not permitted. (Ord. 2718-03 § 39, 2003: Ord. 2536-01 § 26, 2001: Ord. 2328-98 § 8(A), 1998)

18.32.020 Tax segregated lots.

Repealed by Ord. 2718-03. (Ord. 2536-01 § 27, 2001: Ord. 2328-98 § 8(B), 1998)

18.32.050 Delegation.

Whenever the terms of this title specifically authorize the director or the city engineer to perform specific acts, the director and city engineer are hereby authorized to delegate those specific responsibilities to members of their respective staffs. (Ord. 2328-98 § 8(E), 1998)

18.32.060 Transition.

All completed applications for a division of land or boundary line adjustment which are properly filed with the city on or after the fifteenth day following the validation date of this title shall proceed in full compliance with the requirements of this title as it presently is or is hereafter amended and state law. All other completed applications for divisions of land or boundary line adjustments which were filed prior to the fifteenth day following the validation date of this title shall comply with the requirements of the appropriate regulations that were in effect immediately prior to the adoption of the ordinance codified in this title. (Ord. 2328-98 § 8(F), 1998)

18.32.070 Effect of noncompliance.

No building permit or other development permit including approvals for preliminary division of land or boundary line adjustment shall be issued for any lot or parcel of land divided in violation of Chapter 58.17 RCW or this title. All purchases or transfers of property shall comply with the provisions of Chapter 58.17 RCW and this title, and each purchaser or transferee may recover damages from any person, firm, corporation or agent selling or transferring land in violation of Chapter 58.17 RCW or this title, including any amount reasonably spent as a result of an inability to obtain any development permit and spent to conform to the requirements of Chapter 58.17 RCW and this title as well as the cost of investigation, suit and reasonable attorney’s fees. A purchaser or transferee may, as an alternative to conforming the property to these requirements, rescind the sale or transfer and recover the cost of investigation, suit and reasonable attorney’s fees. (Ord. 2328-98 § 8(G), 1998)

18.32.080 Illegal transfers—Filing unapproved division of land or boundary line adjustment.

The county auditor shall refuse to accept the recording of any division, redivision, alteration or vacation of land or boundary line adjustment that has not been approved by the city in accordance with the provisions of this title. Should any division, redivision, alteration or vacation of land or boundary line adjustment be filed without such certification as set forth in this title, the city attorney may apply for a writ of mandate on behalf of the city directing the auditor to remove the unapproved division of land, alteration or vacation, or boundary line adjustment from the auditor’s files. (Ord. 2328-98 § 8(H), 1998)

18.32.090 Violation—Penalty.

A.    Violation.

1.    Any person, firm, corporation, or association, or any agent of any person, firm, corporation or association, who violates any provision of this title shall be subject to the enforcement procedures provided by Chapter 1.20 of this code, as amended.

2.    Any violation of the provisions of this title constitutes a public nuisance which the city can abate by an action in Snohomish County superior court. The cost of such action shall be assessed against the violator.

B.    Exception. If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary approval of a division of land is expressly conditioned on the recording of the final maps containing the lot, tract, or parcel under this title, the offer or agreement is not a violation of any provisions of this title. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to sellers shall be permitted until the final maps are recorded. (Ord. 2328-98 § 8(I), 1998)

18.32.100 Nonexclusive provisions.

Penalty and enforcement provisions provided in this title are not exclusive, and the city may pursue any remedy or relief it deems appropriate or as otherwise provided by law. (Ord. 2328-98 § 8(J), 1998)