Chapter 19.01
TITLE AND PURPOSE

Sections:

19.01.010    Title.

19.01.020    Statement of purpose.

19.01.030    Establishment of use zones.

19.01.040    Establishment of overlay zones.

19.01.050    Purpose and application of zone districts.

19.01.010 Title.

The ordinance codified in this title shall be known as, and may be cited as, the Everett zoning code; or Title 19, Everett Municipal Code. (Ord. 1671-89 (part), 1989.)

19.01.020 Statement of purpose.

The Everett zoning code is adopted to promote and protect the public health, safety and welfare through the orderly regulation of land uses in the city. Further, the purposes of this title are to:

A.    Provide for high standards for a living and working environment for all citizens and visitors;

B.    Provide the economic and social advantages resulting from an orderly planned use of land resources;

C.    Encourage and guide development consistent with the goals and policies of the Everett comprehensive plan, adopted pursuant to Chapter 36.70A RCW;

D.    Regulate the size and use of lots, setbacks and other open spaces;

E.    Regulate the use, location, height, bulk and size and design of buildings and structures;

F.    Regulate land use intensity and population density;

G.    Establish requirements for off-street parking, landscaping and signs and other on-site and off-site development standards;

H.    Protect and enhance the aesthetic quality of the natural and manmade environment;

I.    Provide for the enforcement of the regulations of this title. (Ord. 2397-99 § 1, 1999; Ord. 1671-89 (part), 1989.)

19.01.030 Establishment of use zones.

In order to classify, regulate, restrict and segregate the uses of land, water and buildings; to regulate and restrict the location, height and bulk of buildings and other structures; to regulate the area of yards and other open spaces around buildings; and to regulate the intensity of land use and the density of population; the following base zones are established:

A-1

agricultural

R-S

suburban residential

R-S-1

smaller lot suburban residential

R-1

single-family detached low-density residential

R-1(A)

single-family attached, low-density residential

R-2

single-family medium-density residential

R-2(A)

single-family attached, medium-density residential

R-3(L)

multiple-family low-density

R-3

multiple-family medium-density

R-4

multiple-family high-density

R-5

core residential

UR

urban residential

B-1

neighborhood business

B-2

community shopping

B-2(B)

office

C-1

general commercial

C-1R

regional commercial office

UM

urban mixed

W-C

waterfront commercial

M-S

maritime services

BMU

Broadway mixed-use

E-1

Evergreen Way

E-1-MUO

Evergreen Way mixed-use overlay

C-2

heavy commercial/light industrial

ULI

urban light industrial

M-2

heavy manufacturing

M-1

office and industrial park

M-M

business park

WRM

watershed resource management

P

public park

AQ

aquatic

OS

open space

(Ord. 3617-18 § 12, 2018: Ord. 3269-12 § 1, 2012: Ord. 3099-08 § 1, 2008: Ord. 2854-05 § 1, 2005: Ord. 2706-03 § 1, 2003: Ord. 1671-89 (part), 1989.)

19.01.040 Establishment of overlay zones.

In certain instances, special circumstances warrant the application of special regulations or administrative processes to specific areas. In order to apply these special regulations or administrative processes, the following overlay zones are established:

FWD

floodway district

UFFD

urban flood fringe district

RFFD

rural flood fringe district

PRD

planned residential development

H

historic

D

design compatibility

CO

clinic and office

PD

planned development

S

shoreline overlay district

MHP

mobilehome park

AC

airport compatibility

CRA

core residential area

(Ord. 3617-18 § 13, 2018: Ord. 3078-08 § 1, 2008: Ord. 2706-03 § 2, 2003: Ord. 1671-89 (part), 1989.)

19.01.050 Purpose and application of zone districts.

A.    A-1 Agricultural Zone. The purpose of the agricultural use zone is to provide and protect areas for certain agricultural uses on lands which are not appropriate for residential, commercial or industrial development at urban intensities.

B.    Residential Zones. The purpose of the following residential zones is to provide for a variety of residential living opportunities in the city:

1.    R-S Suburban Residential Zone. The purpose of the suburban residential zone is to provide for and protect certain areas of the city for single-family detached residential uses where topography or other environmental constraints require larger minimum lot sizes. The secondary purpose of the R-S zone is to provide an interim “holding zone” in annexed areas for which other zoning is not established at the time of annexation.

2.    R-S-1 Smaller Lot Suburban Residential Zone. The purpose of the smaller lot suburban residential zone is to provide for and protect certain areas of the city for single-family detached residential uses on lot sizes compatible with established lot size patterns in annexed areas.

3.    R-1 Single-Family Detached Low-Density Residential Zone. The purpose of the single-family detached low-density residential zone is to provide for and protect certain areas of the city for detached single-family residential uses.

4.    R-1(A) Single-Family Attached Low-Density Residential Zone. The purpose of the single-family attached low-density residential zone is to provide for a variety of single-family housing opportunities at development densities compatible with adjoining single-family detached neighborhoods.

5.    R-2 Single-Family Medium-Density Residential Zone. The purpose of the single-family medium-density residential zone is to provide for and protect areas of the city for single-family detached and a limited amount of duplex residential use.

6.    R-2(A) Single-Family Attached Medium-Density Zone. The purpose of the single-family attached medium-density zone is to provide for a variety of single-family living opportunities at densities which are compatible with adjoining single-family detached neighborhoods and which can be used as a transition between single-family neighborhoods and land uses of higher intensity.

7.    R-3(L) Multiple-Family Low-Density Zone. The purpose of the multiple-family low-density zone is to provide areas for multiple-family residential use at a low density.

8.    R-3 Multiple-Family Medium-Density Zone. The primary purpose of the multiple-family medium-density zone is to provide for multiple-family residential use at medium densities.

The secondary purpose of this zone is to allow for clinics and related medical uses in areas designated by the Everett general plan, and to encourage mixed-use residential clinic buildings near Everett’s downtown core.

9.    R-4 Multiple-Family High-Density Zone. The primary purpose of the multiple-family high-density zone is to provide for high-density multiple-family uses.

The secondary purpose of this zone is to allow for clinics and offices in areas designated by the Everett general plan and to encourage mixed-use residential and office uses in high-density neighborhoods near Everett’s downtown core.

10.    R-5 Core Residential Zone. The primary purpose of the core residential zone is to provide high-density residential opportunities in close proximity to the downtown core.

The secondary purpose of this zone is to allow for clinics and offices in areas designated by the Everett general plan and to encourage mixed-use residential, office and neighborhood services in high-density neighborhoods near Everett’s downtown core.

11.    UR Urban Residential Zone. The primary purpose of the urban residential zone is to provide a variety of urban housing choices, in medium- to high-density building types with small-to-medium footprint.

C.    Commercial Zones. The purpose of the commercial zones is to provide for a variety of retail, office, service and mixed-use activities to serve the consumer needs of Everett and surrounding areas and to establish development standards which assure high quality site and building design and compatibility with surrounding land uses.

1.    B-1 Neighborhood Shopping Zone. The purpose of the neighborhood shopping zone is to:

a.    Provide for the day-to-day retail, personal service and convenience consumer needs of the immediately adjacent residential neighborhoods, rather than the larger community; and

b.    Establish building and development standards which assure that uses, buildings and structures are appropriately sited, scaled and designed so as to be compatible with surrounding residential neighborhoods.

2.    B-2 Community Business Zone. The purpose of the community business zone is to provide for retail businesses and services designed to serve the needs of several neighborhoods, allow for the development of multiple-family housing and mixed-use commercial and multiple-family residential use, and allow for businesses which are oriented to arterial streets. Adult use businesses are permitted uses, consistent with the purpose and intent of this zone; provided they meet the locational requirements of Section 39.025.A.

3.    B-2(B) Office Zone. The purpose of the office zone is to:

a.    Promote and provide areas for a variety of office uses and office park development, which are constructed, maintained and operated in a manner designed to be compatible with adjoining residential neighborhoods and other less intensive land uses;

b.    Allow certain community service uses and multiple-family residential use; and

c.    Permit a limited type and amount of service businesses oriented to the surrounding business areas.

4.    C-1 General Commercial Zone. The purpose of the general commercial zone is to provide for a wide range of retail businesses, consumer and commercial services for the greater Everett area, and allow for the development of multiple-family housing and mixed-use commercial and multiple-family residential use. Adult use businesses are permitted uses, consistent with the purpose and intent of this zone; provided they meet the locational requirements of Section 39.025.A.

5.    C-1R Regional Commercial-Office Zone. The purpose of the regional commercial-office zone is to provide areas for large scale retail businesses oriented to a regional consumer market, high quality office park development, and related consumer and business services. Adult use businesses are permitted uses, consistent with the purpose and intent of this zone; provided they meet the locational requirements of Section 39.025.A.

6.    (Reserved).

7.    W-C Waterfront Commercial Zone. The purpose of the waterfront commercial zone is to:

a.    Provide for and protect areas of the city for tourism services and commercial activities which are dependent upon or are enhanced by a location near Everett’s waterfront areas;

b.    Further the goals and policies of both the Everett comprehensive plan and the shoreline management master program relating to public access to and enjoyment of the shoreline;

c.    Establish standards which promote high quality development implemented through the shoreline permit process, where applicable; and

d.    Adult use businesses are permitted uses, consistent with the purpose and intent of this zone; provided they meet the locational requirements of Section 39.025.A.

8.    BMU Broadway Mixed-Use Zone. The purpose of the Broadway mixed-use zone is to create a lively business district, oriented to both nearby neighborhoods and the larger community, with a mixture of uses, including retail, services, restaurants, institutions, and higher density residential. While multistory buildings are encouraged, both new development and expansion of existing buildings should exhibit bulk and scale that respects their proximity to adjacent residential patterns that have a lower height. Over time, it is expected that auto-oriented uses would gradually diminish, sidewalk-fronting buildings would predominate, and surface parking lots in front of buildings would be replaced with parking on lots behind buildings or within structures. All development would be responsible for contributing to enhanced safety, comfort, and visual appeal for pedestrians.

9.    E-1/MUO Evergreen Way and Mixed-Use Overlay Zones. The purposes of the E-1 zone and the MUO (mixed-use overlay) zone are:

a.    To create a zone with development and design standards to support pedestrian-friendly and transit-oriented development in proximity to the Swift Bus Rapid Transit stations;

b.    Encourage economic revitalization in the Evergreen Way—Rucker Avenue corridor with businesses that serve both local area residents and regional shopping needs;

c.    Establish high quality standards for higher density commercial and residential redevelopment;

d.    Improve the public safety and aesthetic character of this principal arterial corridor;

e.    Improve access between Evergreen Way and abutting neighborhoods while protecting the residential character of the neighborhoods;

f.    Encourage greater use of public transit and nonmotorized travel modes in the city; and

g.    Accommodate projected commercial and residential growth in an area where it will be accepted and supported by the community at large, provided redevelopment is of a quality that improves the aesthetic character of this arterial corridor.

10.    UM Urban Mixed Zone. The purpose and function of the urban mixed zone are to reinforce and enhance the downtown city core that provides local and regional service, retail, entertainment, civic and public uses, as well as a variety of urban housing choices.

D.    Industrial Zones. The purpose of the following industrial zones is to provide for a variety of manufacturing, industrial, service and office park uses and to establish development standards which assure quality site and building design and compatibility with surrounding areas.

1.    M-S Maritime Services Zone. The purpose of the maritime services zone is to:

a.    Provide and protect areas of the city for marine-related commerce;

b.    Preserve Everett’s “working waterfront” character;

c.    Further the goals of the Everett comprehensive plan and shoreline master program relating to public access to and enjoyment of the shoreline;

d.    Provide for uses and review processes which strike a balance between the needs of water-dependent industrial uses and limited commercial activities as listed in the permitted uses of this title, and the responsibility of the city to provide public access to the shoreline; and

e.    Adult use businesses are permitted uses, consistent with the purpose and intent of this zone; provided, they meet the locational requirements of Section 39.025.A.

2.    C-2 Commercial/Light Industrial Zone. The purpose of the commercial/light industrial zone is to provide area for heavy commercial services and a wide variety of manufacturing activities and to promote an upgrading of the quality of development of properties located along arterial streets. Adult use businesses are permitted uses, consistent with the purpose and intent of this zone; provided, they meet the locational requirements of Section 39.025.A.

3.    (Reserved).

4.    M-1 Office-Industrial Park Zone. The purpose of the office-industrial park zone is to:

a.    Provide for and protect areas for high quality campus style office and industrial park development on large parcels of land;

b.    Establish standards which promote a high level of aesthetic amenities such as view, open space, native vegetation, landscaping, unusual natural site features and quality architectural design;

c.    Protect and buffer adjacent residential uses from the incompatible aspects of office and industrial park development;

d.    Allow for only those uses which are able to comply with the development requirements and performance criteria which assure compatibility with surrounding uses and which recognize the lands within this zone which are environmentally sensitive; and

e.    Adult use businesses are permitted uses, consistent with the purpose and intent of this zone; provided, they meet the locational requirements of Section 39.025.A.

5.    M-M Business Park Zone. The purpose of the business park zone is to provide areas for development of high-quality single or multiple tenant business parks which offer opportunities for a wide variety of nonretail business to locate in small to medium office and warehouse spaces. Adult use businesses are permitted uses, consistent with the purpose and intent of this zone; provided, they meet the locational requirements of Section 39.025.A.

6.    M-2 Heavy Manufacturing Zone. The purpose of the heavy manufacturing zone is to provide for and protect certain areas of the city for heavy manufacturing uses. Adult use businesses are permitted uses, consistent with the purpose and intent of this zone; provided, they meet the locational requirements of Section 39.025.A.

7.    ULI Urban Light Industrial Zone. The purpose of the urban light industrial zone is to accommodate a diverse range of uses, including light industrial and manufacturing.

E.    Other Zones.

1.    WRM Watershed Resource Management Zone. The purpose of the watershed resource management zone is to provide a land use classification which allows for the continuation of existing uses and anticipated future uses for land in the city-owned Chaplain Tract within the corporate limits of Everett. These are lands that are not intended for urban development and are located outside the urban growth boundary. These properties are intended to be used only for municipal service purposes that do not conflict with the maintenance of a safe and adequate water supply for the Everett water system, and which are in accordance with applicable license requirements.

2.    P Public Park Zone. The purpose of the public park zone is to provide a zoning classification for recreational and open space uses and other compatible public uses on current and future city-owned land.

3.    AQ Aquatic Zone. The purpose of the aquatic zone is to protect aquatic areas and the lands underlying them, and to provide for certain limited uses consistent with the shoreline master program and regulations protecting environmentally sensitive areas.

4.    OS Open Space Zone. The purpose of the open space zone is to provide a zoning classification for public properties characterized by environmental sensitivity and value to be preserved, for the most part, in their undisturbed state, and to provide and protect open space and other natural assets of the community to improve the aesthetic and functional features of the community.

F.    Overlay Zones.

1.    Floodplain Overlay Zones. The purpose of the floodplain overlay zones is to protect the public health, safety and welfare in areas subject to periodic inundation due to flooding, recognizing the fact that the Snohomish River periodically carries more than the normal flow of water and recognizing a desire to minimize loss of life and property. These regulations control the uses and regulate structures consistent with the degree of flood hazard. In advancing the general purposes of the zoning ordinance and the Everett general plan, the specific intent of the floodplain overlay zones is:

a.    To restrict or prohibit uses which are dangerous to health, safety or property in times of flood or which cause excessive increases in flood heights or velocities;

b.    To require that uses vulnerable to floods, including public facilities which serve such uses, shall be protected against flood damage at the time of initial construction;

c.    To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

d.    To ensure that potential buyers are notified that property is in an area of special flood hazard;

e.    To meet the minimum requirements of the National Flood Insurance Program, thus qualifying residents of the city to participate in the Federal Flood Insurance Program.

2.    PRD Planned Residential Development Overlay Zone. The purpose of the planned residential development overlay zone is to:

a.    Permit flexibility in design of residential environments through placement and spacing of buildings, use of open spaces, pedestrian circulation, facilities and off-street parking areas in order to achieve the best utilization of a site characterized by special features of geography, vegetation, topography, size or shape;

b.    Promote orderly growth in undeveloped areas of the city by maximizing the efficiency of utilities and roads and other capital improvements;

c.    Provide for a variety of housing types in conformance with the policies of the Everett general plan;

d.    Preserve and maintain environmentally sensitive areas which could be negatively impacted by traditional development techniques;

e.    Provide a mechanism enabling residential development in areas of the city where assembly of parcels is difficult;

f.    Provide greater predictability for the developer on his chances of gaining approval on a conceptual design basis;

g.    Provide adjoining neighborhoods and city officials with assurances that the project will retain the character envisioned at the time of approval; and

h.    Allow an opportunity for participation in the project review process by the general public.

3.    H Historic Overlay Zone. The purpose of the historic overlay zone is to:

a.    Establish a regulatory mechanism for the designation and protection of historic sites, buildings, districts and landmarks;

b.    Provide for methods of modifying the development standards of the underlying zone in the interest of preserving or enhancing the historic features or significance of a particular site; and

c.    Recognize the depth of historical resources in Everett and their significance to the heritage of the community.

4.    D Design Compatibility Overlay Zone. The purpose of the design compatibility overlay zone is to:

a.    Recognize areas of a distinct character or architectural significance which are worthy of enhancement and protection by establishing criteria for buildings and sites within the district;

b.    Promote high quality development in “gateway” entrances into the city; and

c.    Encourage development with a particular theme or character which is not otherwise possible given the requirements of the underlying zone.

5.    (Reserved).

6.    (Reserved).

7.    CO Clinic and Office Overlay Zone. The purpose of the clinic and office overlay zone is to provide for clinics, medical-related activities, and office uses in R-4 and R-5 zoned areas where such uses have already been established and where such uses are provided for by the Everett general plan.

8.    PD Planned Development Overlay Zone. The purpose of the planned development (PD) overlay zone is to allow for commercial, industrial and mixed-use developments which are of a unique character and desirable quality, and which are beneficial to the area in which the property is located and to the community in general. The planned development overlay zone may only be applied to commercial or industrial zones. It is the intent of this chapter to provide a public review process through which a planned development may be proposed with alternative standards to those contained in this title, and that the primary basis for city approval of alternative development standards is that the proposal will result in a development which, as a whole, provides public benefits and high quality development that otherwise cannot be realized through conformance to the requirements of this title.

9.    S Shoreline Overlay District. The purpose of the shoreline overlay district is to implement the city’s shoreline master program.

10.    MHP Mobilehome Park Overlay Zone. The purpose of the MHP zone is to encourage the retention of existing mobilehome parks within residential zoning districts in the city.

11.    AC Airport Compatibility Overlay Zone. The purpose of the AC zone is to protect Paine Field from nearby incompatible land uses and development.

12.    CRA Core Residential Area Overlay Zone. The purpose of the CRA zone is to promote a broad range of housing opportunities, encourage development that enhances safety, create an attractive environment for residents, and to reinforce and enhance the desirable qualities of the city’s core residential areas. (Ord. 3617-18 §§ 14—17, 2018; Ord. 3269-12 § 2, 2012; Ord. 3099-08 § 2, 2008; Ord. 3078-08 § 2, 2008; Ord. 2854-05 § 2, 2005: Ord. 2706-03 § 3, 2003: Ord. 2397-99 §§ 2—7, 1999; Ord. 2144-96 §§ 12, 13, 1996; Ord. 1849-92 § 1, 1992; Ord. 1671-89 (part), 1989.)