Chapter 19.33
HISTORIC OVERLAY ZONE
Sections:
Article I. General Provisions
19.33.020 Designation—Required review.
19.33.030 Designation—Who may apply.
19.33.040 Designation—Criteria.
19.33.050 Designation—Required elements or recommendation.
19.33.070 Review of request to alter.
19.33.080 Criteria for alteration.
19.33.090 Nonconforming elements.
19.33.100 Modification of code provisions.
Article II. Rucker Grand and Norton Grand Historic Overlay Zones
19.33.110 Establishment of the overlay zone boundaries.
19.33.120 Permitted uses, deviation from requirements of the underlying zone district.
19.33.130 Actions subject to review by the Everett historical commission.
19.33.140 Actions subject to administrative review.
19.33.150 Use of neighborhood conservation guidelines and historic overlay zone standards.
19.33.160 Appeal to the hearing examiner.
19.33.170 Off-street parking requirements.
19.33.180 Minimum setback requirements.
19.33.190 Building height and calculation.
19.33.200 Building modulation.
19.33.250 Infill dwellings in rear yards.
19.33.260 Clinic and commercial construction.
19.33.270 Amendment of neighborhood conservation guidelines.
19.33.280 Inventory of affected properties.
Article III. Riverside Neighborhood Historic Overlay Zone
19.33.290 Establishment of the overlay zone boundaries.
19.33.300 Permitted uses, deviation from requirements of the underlying zone district.
19.33.310 Actions subject to review by the Everett historical commission.
19.33.320 Actions subject to administrative review.
19.33.330 Use of neighborhood conservation guidelines and historic overlay zone standards.
19.33.340 Appeal to the hearing examiner.
19.33.350 Off-street parking requirements.
19.33.360 Minimum setback requirements.
19.33.370 Building height and calculation.
19.33.380 Building modulation.
19.33.430 Infill dwellings in rear yards.
19.33.440 Commercial, church and religious institution construction.
19.33.450 Amendment of neighborhood conservation guidelines.
19.33.460 Inventory of affected properties.
19.33.010 User guide.
The historic overlay zone addresses historic sites, historic structures and historic districts.
This article establishes a mechanism for designating certain areas or improvements in the city as historic overlay zones. This article also contains regulations that govern the use and alteration of any area or improvement that has been designated as historic.
Various places on the zoning map contain an “H” within a dashed line. This indicated that this area has been designated as an historic overlay zone where special regulations apply. These special regulations add to and in some cases supersede the other regulations of this title.
If you are interested in proposing that a site, structure or district be designated as an historic overlay zone or if you wish to participate in the city’s decision on a proposed H overlay zone designation, you should read Sections 19.33.020 through 19.33.050 of this chapter.
If you are interested in conducting a use or altering the appearance of an area or structure that has been designated as an historic overlay zone, or if you wish to participate in the city’s decision on a proposed use or alteration or a designated historic site, structure or district, you should read Sections 19.33.060 through 19.33.100 of this chapter. (Ord. 1671-89 (part), 1989.)
19.33.020 Designation—Required review.
The city will review and decide upon each proposal to designate an area as an historic overlay zone on the zoning map using the following procedure:
Review by the historical commission, who shall make a recommendation to the planning commission, based upon the designation criteria listed in Section 19.33.040 of this chapter. Planning commission’s recommendation will be forwarded to city council for council’s consideration in accordance with the review process as described in Title 15, Local Project Review Procedures. (Ord. 2538-01 § 27, 2001: Ord. 1671-89 (part), 1989.)
19.33.030 Designation—Who may apply.
The proposal to include a specific area or property within the historic overlay zone may be initiated by the city or by an owner of property located within the proposed historic overlay zone. To the extent that these provisions are inconsistent with the provisions of this title, the provisions of this article govern. (Ord. 2538-01 § 74, 2001: Ord. 1671-89 (part), 1989.)
19.33.040 Designation—Criteria.
A. The city may approve the designation of an area as an historic overlay zone only if it finds that:
1. The property proposed to be included within the H overlay zone is listed on the Everett historic resource survey, or
2. The property proposed to be included within the H overlay zone is listed on the Everett register of historic places, or
3. The property is adjacent to an area within the H overlay zone or adjacent to property listed on the Everett historic resource survey or the Everett register of historic places, and inclusion of the property in the H overlay zone is necessary to afford protection to historic properties and promote compatibility between buildings and developments.
4. The proposal to be included within the H overlay zone has been reviewed by the Everett historical commission, and a recommendation concerning the proposal has been made by the historical commission.
a. The historical commission may make a recommendation to approve, disapprove or modify the request to include an area within a proposed historic overlay zone.
b. The historical commission shall forward to the planning commission its finds and conclusions which support its recommendation.
c. If the recommendation of the historical commission is to modify the boundaries of the proposed H overlay zone, it shall include in its finds and conclusions a list of the factors which explain the reasons for amending the proposal boundaries.
d. The boundaries of the proposed H overlay zone may be modified if it is found by the historical commission that:
(1) The originally proposed boundaries do not qualify under the provisions of subsections 33.040.A.1 or 33.040.A.2.
(2) The boundaries must be modified in order to protect the historic features identified by the Everett historic resource survey or the Everett register of historic places. (Ord. 1671-89 (part), 1989.)
19.33.050 Designation—Required elements or recommendation.
If city adopts an ordinance designating an area as an historic overlay zone on the zoning map, this ordinance must include the following information:
A. The legal description of the boundaries of the area and description of the structure, district or site of significance, sufficient to identify its location.
B. The significant features of the structure, district or site to which the restrictions of Sections 19.33.060 through 19.33.100 of this chapter apply.
C. The provisions or requirements of the zoning code which may be modified in that particular H overlay zone. (Ord. 1671-89 (part), 1989.)
19.33.060 Effect—General.
If the city adopts an ordinance to designate an area as an historic overlay zone, an H will be placed on the area on the zoning map. This will have the following effects:
A. No feature identified as significant under Section 33.050.B of this chapter may be altered in any manner except as provided in Sections 19.33.070 through 19.33.100 of this chapter.
B. The city may require that a sign be conspicuously posted on the subject property identifying the historic landmark.
C. The other requirements of this title apply to the subject property unless they conflict with a specific provision of Sections 19.33.060 through 19.33.100 of this chapter. Where a conflict exists, the provisions of the adopting ordinance for the particular H overlay zone govern. (Ord. 1671-89 (part), 1989.)
19.33.070 Review of request to alter.
The city will review and decide upon any proposal to alter a designated significant feature of an historic overlay zone using the process outlined below:
A. All proposals to develop property within or to alter a designated significant feature of an historic overlay zone shall be reviewed by the historical commission. The historical commission shall make a recommendation approving, disapproving or modifying a request to develop within or alter a designated significant feature. In modifying or disapproving a request, the historical commission shall make findings stating why the request was modified or disapproved.
B. Any decision made by the historical commission relating to a request to develop property within or to alter a designated significant feature of an historic overlay zone shall constitute a recommendation to the planning driector. The planning director’s decision is subject to the review process described in Title 15, Local Project Review Procedures. (Ord. 2538-01 § 28, 2001: Ord. 1671-89 (part), 1989.)
19.33.080 Criteria for alteration.
A. The city will review any proposed alteration to a significant feature of an historic overlay zone using the following criteria:
1. The magnitude of the impact of the proposed alteration to the significant features or site, structure or district as an historic landmark; and
2. The reasonableness of the proposed alteration in light of other alternatives available to achieve the objectives of the applicant; and
3. The extent to which the proposed alteration may be necessary to meet the requirements of any other law, statute, ordinance, regulation, code or ordinance.
4. Any other relevant standards or guidelines adopted by the city. (Ord. 1671-89 (part), 1989.)
19.33.090 Nonconforming elements.
Nonconformance on the subject property need not be corrected if correcting the nonconformance would require altering a feature designated as significant or the acquisition of additional property or facilities. (Ord. 1671-89 (part), 1989.)
19.33.100 Modification of code provisions.
A. General. The city may, using the review procedure described in subsection B of this section, modify the standards of this title for properties located within an H overlay zone if it is necessary to preserve or enhance the significant features of an historic site, structure or district. This section shall not be used as the basis for modifying any other legal requirements except as specifically set forth in this section.
1. The city may allow a modification of the standards contained within the use-standards table for the underlying use zone.
2. The city may allow a modification of the standards of Chapter 19.35, landscaping.
3. The city may allow a modification of the standards of Chapter 19.36, signs.
4. The city may allow a modification of the standards of Chapter 19.38, nonconforming uses, buildings and lots.
5. The city may allow a modification of the standards of Chapter 19.39, general provisions.
6. The city may allow a use in a zone that is not specifically allowed in that zone if it is necessary to encourage adaptive reuse of a designated historic landmark under the following circumstances:
a. It is unlikely that the historic landmark could be preserved if only uses permitted in the underlying use zone were permitted.
b. Allowing a different use would enhance the character of the historic landmark and the public opportunity to enjoy the landmark.
c. The use would not have a detrimental effect upon other properties within the H overlay zone or other properties in the immediate vicinity.
B. Review Procedure. Modifications may be proposed in conjunction with or subsequent to a proposal to designate the subject property as an historic overlay zone as provided in Sections 19.33.020 through 19.33.050 of this chapter. The historical commission shall review all requests for modification of code provisions for properties within the H overlay zone and shall make a recommendation to the city council. The city council shall make the final decision whether or not to modify any of the provisions of this title. This shall be done in accordance with the review procedures set forth in Title 15, Local Project Review Procedures.
C. Criteria for Modification. The city may approve a modification under the provisions of this chapter only if it finds that the following requirements are met:
1. The proposed modification would promote or aid in the preservation or rehabilitation of an historic site, structure or district; and
2. The proposed modification would not promote significant adverse impacts on traffic, noise, light, view blockage or other impacts which are incompatible with adjacent properties or the surrounding neighborhood. (Ord. 2538-01 § 29, 2001; Ord. 1671-89 (part), 1989.)
Article II. Rucker Grand and Norton Grand Historic Overlay Zones
19.33.110 Establishment of the overlay zone boundaries.
(Ord. 2547-01 § 1, 2001: Ord. 1923-93 § 1, 1993.)
19.33.120 Permitted uses, deviation from requirements of the underlying zone district.
A. Permitted Uses. All properties located within the historic overlay zone shall be permitted to have the same uses as permitted in the underlying zoning district, subject to the requirements of the underlying zoning district, except where this article specifies exceptions to the requirements of the underlying zoning district.
B. Deviation from Requirements of the Underlying Zone District. An applicant may propose, and (after review and recommendation by the historical commission) the planning director may allow an applicant to deviate from certain development standards contained in the neighborhood conservation guidelines and historic overlay zone standards, provided the proposal satisfies the evaluation criteria of this subsection. This process differs from the variance procedure in that rather than approval being based upon unusual circumstances or a physical hardship, it is based upon the quality of the proposed design. This alternative process is intended to promote well-designed and innovative housing which may not strictly comply with the established standards and guidelines, but which meets the intent of the standards and guidelines. In evaluating such a proposal, the planning director, using the historical commission’s recommendation as a guide, shall determine if the alternative design provides equivalent or superior results than compliance with the established standards and guidelines.
1. What Can Be Changed.
a. Historic overlay zone guidelines.
b. Building setbacks.
c. Accessory building height.
d. Roof pitch.
e. Primary building height by no more than ten percent in the R-3H and R-4H zones only.
f. Building modulation requirements.
2. What Cannot Be Changed.
a. Number of off-street parking spaces.
b. Uses permitted by the zone in which the property is located.
c. Regulations for nonconforming uses.
d. Standards for critical areas.
e. Shoreline regulations.
3. Basis for Deviation (see neighborhood conservation guidelines, “modification of height standards,” for further criteria). The applicant, if requesting a deviation from standards for either a multifamily or single-family development, shall provide plans and a written narrative describing the deviation request to the historical commission for review. The plans and narrative will provide the historical commission with sufficient detail to determine if the proposed development shall provide a project equivalent or superior to what would result from compliance with the neighborhood conservation guidelines and historic overlay zone standards. The historical commission shall make their recommendations to the planning director based on the following criteria:
a. The unique characteristics of the property and/or surroundings and how they will be protected and/or enhanced by the deviation;
b. The positive characteristics of the proposed development and whether such characteristics could be provided by compliance with the standards and guidelines; and
c. Whether the proposed design mitigates the impacts that could be caused by deviation from the standards. (Ord. 3073-08 § 1, 2008; Ord. 2547-01 § 2, 2001: Ord. 1923-93 § 2, 1993.)
19.33.130 Actions subject to review by the Everett historical commission.
The following actions which require building permits shall be subject to the review of the historical commission. All decisions of the historical commission relative to building permits shall constitute recommendations to the mayor’s designee, the planning director.
A. Demolition of any building listed in the inventory of the historic districts as historically significant or contributing to the historic character of the neighborhood;
B. Conversion from single-family to duplex or multiple-family, commercial or clinic of any building listed on the inventory of the historic districts as historically significant or contributing to the historic character of the neighborhood;
C. Additions containing more than one hundred fifty square feet to any duplex or multiple-family building;
D. Construction of any new multiple-family buildings, duplexes, clinics or commercial buildings; or
E. Construction of a rear yard infill dwelling (a second residential structure on the same lot as a residential structure existing at the time of original adoption of the historic overlay zones) provided the rear yard infill dwelling meets the requirements of Section 19.33.250. (Ord. 3073-08 § 2, 2008: Ord. 2547-01 § 3, 2001: Ord. 1923-93 § 3, 1993.)
19.33.140 Actions subject to administrative review.
All actions which are not specified in Section 19.33.130 shall be subject to administrative review by the planning department staff. (Ord. 3073-08 § 3, 2008: Ord. 2547-01 § 4, 2001: Ord. 1923-93 § 4, 1993.)
19.33.150 Use of neighborhood conservation guidelines and historic overlay zone standards.
In reviewing any proposed action listed in Section 19.33.130 or 19.33.140, the historical commission, planning director and/or planning department staff shall use the neighborhood conservation guidelines and historic overlay zone standards as a basis for approving or modifying any proposed construction plans. These guidelines and standards have been designed specifically for historic overlay zoned properties and are to be applied together in reviewing development proposals. The neighborhood conservation guidelines designate the features of the neighborhood included within the historic overlay zone which are significant and should either be provided, replicated, enhanced or preserved by new construction or remodeling of existing structures within the historic overlay zone. The guidelines and standards supersede the city’s development standards for the core residential area overlay zone in the historic overlay zone. In the event of a conflict between the neighborhood conservation guidelines and historic overlay standards and the development standards for the core residential area overlay zone, the neighborhood conservation guidelines and historic overlay zone standards shall control. All proposals for actions subject to review by the historical commission shall provide sufficiently detailed plans and drawings to enable the historical commission or planning department staff to determine that the construction is consistent with the neighborhood conservation guidelines and historic overlay zone standards. Sections of the development standards for the UR zone which apply to properties in the historic overlay zone include open space, landscaping and screening (except fencing), service areas and recreation requirements. (Ord. 3617-18 § 49, 2018: Ord. 3073-08 § 4, 2008: Ord. 2547-01 § 5, 2001: Ord. 1923-93 § 5, 1993.)
19.33.160 Appeal to the hearing examiner.
Any decision of the planning director or designee in applying the neighborhood conservation guidelines and the historic overlay zone standards shall be subject to appeal to the land use hearing examiner. Appeals shall be filed in accordance with the provisions of the city’s local projects review procedures ordinance. (Ord. 2547-01 § 6, 2001: Ord. 1923-93 § 6, 1993.)
19.33.170 Off-street parking requirements.
Off-street parking shall be provided according to Chapter 19.34. (Ord. 3618-18 § 22, 2018: Ord. 3073-08 § 5, 2008; Ord. 2547-01 § 7, 2001: Ord. 1923-93 § 7, 1993.)
19.33.180 Minimum setback requirements.
The following minimum setback requirements shall apply in the historic overlay zone:
A. Front Setback Requirements.
1. Rucker Grand Historic Overlay Zone. The minimum front setback shall be thirty feet from the edge of the sidewalk furthest from the street, or calculated by taking the average front setback of the two adjacent properties, whichever is less, except under the following circumstances:
a. On the west side of Grand Avenue between 19th and 24th Streets, the minimum front setback shall be ten feet from the edge of the sidewalk furthest from the street. The historical commission shall have the option to reduce the setback to zero feet from the front lot line if certain design standards of pedestrian appeal, reduced building height, view protection, side yard setback adjustments, and building massing are met. Buildings shall not be permitted within the public right-of-way.
b. Entry coverings such as porches open on three sides and overhangs may project six feet into the front setback.
c. In the R-3H, R-4H and URH zones, grouped mailbox structures shall not be located within the required front setback.
2. Norton Grand Historic Overlay Zone. The historic front setback varies widely in the Norton Grand historic overlay zone. To maintain consistent setbacks within each block, the setback for new construction will be calculated by taking the average front setback of the two adjacent properties. If the property is on a corner, the setback shall be consistent with the front setback of the adjacent property. If there are no adjacent properties, the setback will be calculated by taking the average setback of the first two houses on the block to the south.
B. Side Setback Requirements. The minimum side setback shall be five feet, except under the following circumstances:
1. On corners, the minimum street side setback shall be ten feet from the side property line abutting an east-west street. Setback for infill buildings shall be determined by the orientation of the building (see Section 19.33.250).
2. Uninhabited, detached accessory buildings such as garages or sheds shall have a minimum five-foot setback requirement on interior side lot lines.
C. Rear Setback Requirements.
1. In the R-4H zone, the rear setback shall be five feet except for infill dwellings (see Section 33.250.D).
2. In the R-3H and URH zones, the minimum rear setback shall be twenty feet except for rear yard infill dwellings (see Section 19.33.250).
3. In the R-1H and R-2H zones, the minimum rear setback shall be twenty feet.
4. In order to maintain open rear yards in all zones, there shall be no minimum rear setback requirement for detached accessory buildings such as garages and sheds. (Ord. 3617-18 § 50, 2018: Ord. 3073-08 § 6, 2008: Ord. 2547-01 § 8, 2001: Ord. 1923-93 § 8, 1993.)
19.33.190 Building height and calculation.
A. Allowable Height.
1. In the R-3H and URH zones, the maximum permitted eave height shall be twenty-four feet, measured to the bottom of the eaves of the roof. The maximum permitted building height shall be thirty-five feet. This will generally mean a maximum of three stories above the sidewalk on north/south streets. See Section 33.250.E for the allowable height of infill dwellings.
2. In the R-4H zone, the maximum permitted eave height shall be twenty-four feet, measured to the bottom of the eaves of the roof. Roof slope shall conform to the standards of Section 19.33.210. The maximum height in the R-4H zone shall be forty feet. This generally means a maximum of four stories above the sidewalk on the north/south streets. Under-building parking is encouraged. See Section 33.250.E for the allowable height of infill dwellings.
3. In the R-3H, R-4H and URH zones, the height limitation can be changed by up to ten percent pursuant to Section 33.120.B.
4. In the R-1H and R-2H zones, maximum building height shall be twenty-eight feet.
B. Height Calculation. Building height shall be measured from the highest point of the sidewalk at the entrance of the building. Generally the entrance will be on Norton, Grand or Rucker Avenue, the north/south streets.
On sloping sites, such as some parts of Rucker and Grand Avenues, the height calculation will follow the land contour. If the property slopes away from the avenue, the height shall be determined from the highest point of the sidewalk at the entrance to the building. If the property slopes up from the avenue, the height may be determined from the base elevation of the building footprint. (Ord. 3617-18 § 51, 2018: Ord. 3073-08 § 7, 2008: Ord. 2547-01 § 9, 2001: Ord. 1923-93 § 9(A), 1993.)
19.33.200 Building modulation.
A. Buildings on lots over fifty feet wide shall have modulated facades facing Norton, Rucker or Grand Avenues. Building fronts, when measured parallel to the street edge, shall be a maximum width of thirty feet before stepping back ten feet for a minimum of ten feet.
B. Buildings over fifty feet wide will have enhanced modulation to reduce the apparent size of the building and provide a sense of individual residences in multiple-family structures. This can be achieved by the creative use of architectural elements such as entries, windows, balconies, porches, courtyards and/or building separation.
C. Buildings over fifty feet wide on a sloped site shall follow the contour of the slope, stepping down the hill and providing variety in roof height and facade. The height of the building shall be not more than the underlying zone maximum along the entire site. (Ord. 3073-08 § 8, 2008: Ord. 2547-01 § 10, 2001: Ord. 1923-93 § 9(B), 1993.)
19.33.210 Roof lines.
All new buildings, including infill dwellings, shall feature roofs which slope a minimum of six to twelve vertical to horizontal ratio, and a maximum of twelve to twelve vertical to horizontal ratio, except that detached garages, and building additions of less than two hundred square feet, are not required to meet this pitch if the design is compatible with the existing structure. (Ord. 3073-08 § 9, 2008: Ord. 2547-01 § 11, 2001: Ord. 1923-93 § 10, 1993.)
19.33.220 Open space.
Open space in the R-3H, R-4H and URH zones shall be provided as required by the city’s development standards for the core residential area overlay zone except open space may be provided within the front setback area. (Ord. 3617-18 § 52, 2018: Ord. 3073-08 § 10, 2008: Ord. 2547-01 § 12, 2001: Ord. 1923-93 § 11, 1993.)
19.33.230 Garages.
A. If access to the garage must be from the street, the garage shall be set back twenty feet from the interior edge of the sidewalk to maintain clear sidewalk access.
B. Attached garages which are accessible from the street shall never occupy more than fifty percent of the width of all buildings facing the street, and shall be set back a minimum of five feet further from the front property line than the entry to the dwelling.
C. Open carports for more than two cars which are visible from the street are prohibited.
D. Garages shall reflect the material, style and construction of the original house. (Ord. 3618-18 § 23, 2018: Ord. 3073-08 § 11, 2008: Ord. 2547-01 § 13, 2001: Ord. 1923-93 § 12, 1993.)
19.33.240 Fences.
A. Fences within the front setback and within five feet of the front face shall not be more than forty-two inches high and no more than seventy percent solid.
B. Chain link fences in front setback areas are prohibited. (Ord. 2547-01 § 14, 2001: Ord. 1923-93 § 13, 1993.)
19.33.250 Infill dwellings in rear yards.
In a historic overlay zone, rear yard infill dwellings are allowed only on the same lot as a residential structure or a vacant lot existing at the time of original adoption of the historic overlay zone. Infill dwellings are intended to allow increased density while preserving historic buildings. Infill dwellings are permitted in the R-3H, R-4H and URH zones and in the R-2H zone. Infill dwellings are subject to the following standards:
A. The rear yard area shall be a minimum of two thousand square feet prior to construction of the infill dwelling(s).
B. There shall be a minimum separation of eighteen feet between the existing dwelling and infill dwellings.
C. The minimum setback for corner lot infill dwellings shall be determined by the orientation of the dwelling. The setback for buildings oriented towards the numbered cross streets shall be calculated by taking the average of the setbacks of the adjacent properties. The setback calculation for corner infill dwellings oriented towards Norton or Grand Avenue shall be determined by the corner setback of the primary dwelling.
D. The minimum rear setback shall be three feet from the rear lot line.
E. Infill dwellings are allowed a height up to twenty-four feet in the R-2H, R-3H, and URH zones and thirty-four feet in the R-4H zone.
F. Parking standards for infill dwellings are contained in Chapter 19.34. (Ord. 3617-18 § 53, 2018: Ord. 3534-17 § 9, 2017: Ord. 3073-08 § 12, 2008: Ord. 2547-01 § 15, 2001: Ord. 1923-93 § 14, 1993.)
19.33.260 Clinic and commercial construction.
New clinic or commercial construction will be reviewed by the historical commission using Section M of the guidelines. (Ord. 2547-01 § 16, 2001.)
19.33.270 Amendment of neighborhood conservation guidelines.
The “Neighborhood Conservation Guidelines,” as maintained in the office of the department of planning and community development, are hereby adopted. The guidelines, together with the historic overlay zone standards, are to be used in the review of construction and development within designated historic overlay zones. The “Neighborhood Conservation Guidelines” may be amended as necessary by the planning director, following recommendation from the historical commission, to further the goal of preserving the historic character of the neighborhood. (Ord. 3073-08 § 13, 2008: Ord. 2547-01 § 17, 2001: Ord. 1923-93 § 15, 1993.)
19.33.280 Inventory of affected properties.
An “Inventory of Properties within the Historic Overlay Zones” is hereby adopted. This lists the properties within the districts which are historically significant or which contribute to the historic character of the district. It is to be used to identify those properties which are subject to the regulations specified in this article. The “Inventory of Historic Overlay Zones” may be amended as necessary by the planning director, following recommendation from the historical commission. The current “Inventory of Historic Overlay Zone” shall be maintained on file in the office of the department of planning and community development. (Ord. 3073-08 § 14, 2008: Ord. 2547-01 § 18, 2001: Ord. 1923-93 § 16, 1993.)
Article III. Riverside Neighborhood Historic Overlay Zone
19.33.290 Establishment of the overlay zone boundaries.
(Ord. 3103-08 § 1, 2008.)
19.33.300 Permitted uses, deviation from requirements of the underlying zone district.
A. Permitted Uses. All properties located within the historic overlay zone shall be permitted to have the same uses as permitted in the underlying zoning district, subject to the requirements of the underlying zoning district, except where this article specifies exceptions to the requirements of the underlying zoning district. The exceptions to the requirements of the underlying zone districts are specified in subsection B of this section and otherwise set forth in this article.
B. Deviation from Requirements of the Underlying Zone District. An applicant may propose and, after review and recommendation by the historical commission, the planning director may allow an applicant to deviate from certain development standards contained in the neighborhood conservation guidelines and historic overlay zone standards, provided the proposal satisfies the evaluation criteria of this subsection. This process differs from the variance procedure in that rather than approval being based upon unusual circumstances or a physical hardship, it is based upon the quality of the proposed design. This alternative process is intended to promote well-designed and innovative housing which may not strictly comply with the established standards and guidelines, but which meets the intent of the standards and guidelines. In evaluating such a proposal, the planning director, using the historical commission’s recommendation as a guide, shall determine if the alternative design provides equivalent or superior results than compliance with the established standards and guidelines.
1. What can be changed:
a. Historic overlay zone guidelines.
b. Building setbacks.
c. Accessory building height.
d. Roof pitch.
e. Primary building height by no more than ten percent in the R-3H zone only.
f. Building modulation requirements.
2. What cannot be changed:
a. Number of off-street parking spaces.
b. Uses permitted by the zone in which the property is located.
c. Regulations for nonconforming uses.
3. Basis for deviation. (See neighborhood conservation guidelines, “Modification of Height Standards,” for further criteria.)
The applicant, if requesting a deviation from standards for either a multifamily or single-family development, shall provide plans and a written narrative describing the deviation request to the historical commission for review. The plans and narrative will provide the historical commission with sufficient detail to determine if the proposed development provides a project equivalent or superior to what would result from compliance with the neighborhood conservation guidelines and historic overlay zone standards. The historical commission shall make their recommendations to the planning director based on the following criteria:
a. The unique characteristics of the property and/or surroundings and how they will be protected and/or enhanced by the deviation;
b. The positive characteristics of the proposed development and whether such characteristics could be provided by compliance with the standards and guidelines; and
c. Whether the proposed design mitigates the impacts that could be caused by deviation from the standards. (Ord. 3103-08 § 2, 2008.)
19.33.310 Actions subject to review by the Everett historical commission.
The following actions which require building permits shall be subject to the review of the historical commission. All decisions of the historical commission relative to building permits shall constitute recommendations to the mayor’s designee, the planning director.
A. Demolition of any building listed in the inventory of the historic districts as historically significant or contributing to the historic character of the neighborhood;
B. Conversion from single-family to duplex or multiple-family, commercial or clinic of any building listed on the inventory of the historic districts as historically significant or contributing to the historic character of the neighborhood;
C. Additions containing more than one hundred fifty square feet to any duplex or multiple-family building;
D. Construction of any new multiple-family buildings, duplexes, clinics or commercial buildings; or
E. Construction of a rear yard infill dwelling (a second residential structure on the same lot as a residential structure existing at the time of original adoption of the historic overlay zones) provided the rear yard infill dwelling meets the requirements of Section 19.33.430. (Ord. 3103-08 § 3, 2008.)
19.33.320 Actions subject to administrative review.
All actions which are not specified in Section 19.33.310 shall be subject to administrative review by the planning department staff. (Ord. 3103-08 § 4, 2008.)
19.33.330 Use of neighborhood conservation guidelines and historic overlay zone standards.
In reviewing any proposed action listed in Section 19.33.310 or 19.33.320, the historical commission, planning director and/or planning department staff shall use the Riverside neighborhood conservation guidelines and historic overlay zone standards as a basis for approving or modifying any proposed construction plans. These guidelines and standards have been designed specifically for historic overlay zoned properties and are to be applied together in reviewing development proposals. The neighborhood conservation guidelines designate the features of the neighborhood included within the historic overlay zone which are significant and should either be provided, replicated, enhanced or preserved by new construction or remodeling of existing structures within the historic overlay zone. The guidelines and standards supersede the city’s development standards for the core residential area overlay zone in the historic overlay zone, except for the following standards: open space, landscaping and screening (except fencing), service areas and recreation requirements. In the event of a conflict between the neighborhood conservation guidelines and historic overlay zone standards and the development standards for the core residential area overlay zone, the neighborhood conservation guidelines and historic overlay zone standards shall control. All proposals for actions subject to review by the historical commission shall provide sufficiently detailed plans and drawings to enable the historical commission or planning department staff to determine that the construction is consistent with the neighborhood conservation guidelines and historic overlay zone standards. (Ord. 3617-18 § 54, 2018: Ord. 3103-08 § 5, 2008.)
19.33.340 Appeal to the hearing examiner.
Any decision of the planning director or designee in applying the neighborhood conservation guidelines and the historic overlay zone standards shall be subject to appeal to the land use hearing examiner. Appeals shall be filed in accordance with the provisions of the city’s local projects review procedures ordinance. (Ord. 3103-08 § 6, 2008.)
19.33.350 Off-street parking requirements.
Off-street parking shall be provided in accordance with Chapter 19.34. (Ord. 3103-08 § 7, 2008.)
19.33.360 Minimum setback requirements.
The following minimum setback requirements shall apply in the historic overlay zone:
A. Front Setback Requirements.
1. The minimum front setback shall be calculated by taking the average front setback of the two adjacent properties. If the property is on a corner, the setback shall be consistent with the front setback of the adjacent property. If there are no adjacent properties, the setback will be calculated by taking the average setback of the first two houses on the block to the south.
2. Entry coverings such as porches open on three sides and overhangs may project six feet into the front setback.
3. In the R-3H and URH zones, grouped mailbox structures shall not be located within the required front setback.
B. Side Setback Requirements. The minimum side setback shall be five feet, except under the following circumstances:
1. On corners, the minimum street side setback shall be ten feet from the side property line abutting an east-west street. Setback for infill buildings shall be determined by the orientation of the building (see Section 19.33.430).
2. Uninhabited, detached accessory buildings such as garages or sheds shall have a minimum five-foot setback requirement on interior side lot lines.
C. Rear Setback Requirements.
1. In the URH zone, the rear setback shall be five feet except for infill dwellings (see Section 33.430.D).
2. In the R-3H zone the minimum rear setback shall be twenty feet except for rear yard infill dwellings (see Section 19.33.430).
3. In the R-2H zone, the minimum rear setback shall be twenty feet.
4. In order to maintain open rear yards in all zones, there shall be no minimum rear setback requirement for detached accessory buildings such as garages and sheds on lots with alley access to the rear. (Ord. 3617-18 § 55, 2018: Ord. 3103-08 § 8, 2008.)
19.33.370 Building height and calculation.
A. Allowable Height.
1. In the R-3H zone, the maximum permitted eave height shall be twenty-four feet, measured to the bottom of the eaves of the roof. The maximum permitted building height shall be thirty-five feet. This will generally mean a maximum of three stories above the sidewalk on north/south streets. See Section 33.430.E for allowable height of infill dwellings.
2. In the URH zone, the maximum permitted eave height shall be twenty-four feet, measured to the bottom of the eaves of the roof. Roof slope shall conform to the standards of Section 19.33.390. The maximum height in the R-4H zone shall be forty feet. This generally means a maximum of four stories above the sidewalk on the north/south streets.
Underbuilding parking is encouraged. See Section 33.430.E for the allowable height of infill dwellings.
3. In the R-3H zone, the height limitation can be changed by up to ten percent pursuant to Section 33.300.B.
4. In the R-2H zone, the maximum building height shall be twenty-eight feet.
B. Height Calculation.
1. Building height shall be measured from the highest point of the sidewalk at the entrance of the building, except as provided by subsection B.2 of this section.
2. On sloping sites, the height calculation will follow the land contour. If the property slopes away from the street, the height shall be determined from the highest point of the sidewalk at the entrance to the building. If the property slopes up from the street, the height may be determined from the base elevation of the building footprint. (Ord. 3617-18 § 56, 2018: Ord. 3103-08 § 9, 2008.)
19.33.380 Building modulation.
A. Buildings on lots over fifty feet wide shall have modulated facades facing the street. Building fronts, when measured parallel to the street edge, shall be a maximum width of thirty feet before stepping back ten feet for a minimum of ten feet.
B. Buildings over fifty feet wide will have enhanced modulation to reduce the apparent size of the building and provide a sense of individual residences in multiple-family structures. This can be achieved by the creative use of architectural elements such as entries, windows, balconies, porches, courtyards and/or building separation.
C. Buildings over fifty feet wide on a sloped site shall follow the contour of the slope, stepping down the hill and providing variety in roof height and facade. The height of the building shall be no more than the underlying zone maximum along the entire site. (Ord. 3103-08 § 10, 2008.)
19.33.390 Roof lines.
All new buildings, including infill dwellings, shall feature roofs which slope a minimum of six to twelve vertical to horizontal ratio, and a maximum of twelve to twelve vertical to horizontal ratio, except that detached garages, and building additions of less than two hundred square feet, are not required to meet this pitch if the design is compatible with the existing structure. (Ord. 3103-08 § 11, 2008.)
19.33.400 Open space.
Open space in the R-3H and URH zones shall be provided as required by the city’s development standards for the core residential area overlay zone except open space may be provided within the front setback area. (Ord. 3617-18 § 57, 2018: Ord. 3103-08 § 12, 2008.)
19.33.410 Garages.
A. Access to garages shall be from the alley only except where no alley exists.
B. If access to the garage must be from the street, the garage shall be set back twenty feet from the interior edge of the sidewalk to maintain clear sidewalk access.
C. Attached garages which are accessible from the street shall never occupy more than fifty percent of the width of all buildings facing the street, and shall be set back a minimum of five feet further from the front property line than the entry to the dwelling.
D. Open carports for more than two cars which are visible from the street are prohibited.
E. Garages shall reflect the material, style and construction of the original house. (Ord. 3103-08 § 13, 2008.)
19.33.420 Fences.
A. Fences within the front setback and/or within five feet of the building front face shall not be more than forty-two inches high and no more than seventy percent solid.
B. Chain link fences in front setback areas are prohibited. (Ord. 3103-08 § 14, 2008.)
19.33.430 Infill dwellings in rear yards.
In a historic overlay zone, rear yard infill dwellings are allowed only on the same lot as a residential structure or a vacant lot existing at the time of original adoption of the historic overlay zone. Infill dwellings are intended to allow increased density while preserving historic buildings. Infill dwellings are permitted in the R-3H and URH zones and in the R2-H zone. Infill dwellings are subject to the following standards:
A. The rear yard area shall be a minimum of two thousand square feet prior to construction of the infill dwelling(s).
B. There shall be a minimum separation of eighteen feet between the existing dwelling and infill dwellings.
C. The minimum setback for corner lot infill dwellings shall be determined by the orientation of the dwelling. The setback for buildings oriented towards the numbered cross streets or Cedar, Pine, Maple or Walnut Street shall be calculated by taking the average of the setbacks of the adjacent properties. The setback calculation for corner infill dwellings oriented towards the same street as the primary dwelling shall be determined by the corner setback of the primary dwelling.
D. The minimum rear setback shall be three feet from the rear lot line.
E. Infill dwellings are allowed a height up to twenty-four feet in the R-2H and R-3H zones and thirty-four feet in the URH zone.
F. Parking standards for infill dwellings are contained in Chapter 19.34. (Ord. 3617-18 § 58, 2018: Ord. 3534-17 § 10, 2017: Ord. 3103-08 § 15, 2008.)
19.33.440 Commercial, church and religious institution construction.
New commercial, church or religious institution construction will be reviewed by the historical commission using Section N of the guidelines. (Ord. 3103-08 § 16, 2008.)
19.33.450 Amendment of neighborhood conservation guidelines.
The Riverside “Neighborhood Conservation Guidelines,” as maintained in the office of the department of planning and community development, are hereby adopted. The guidelines, together with the historic overlay zone standards, are to be used in the review of construction and development within designated historic overlay zones. The Riverside “Neighborhood Conservation Guidelines” may be amended as necessary by the planning director, following recommendation from the historical commission, to further the goal of preserving the historic character of the neighborhood. The planning department shall maintain photographs and illustrations of developments or design elements that are consistent with the neighborhood conservation guidelines. (Ord. 3103-08 § 17, 2008.)
19.33.460 Inventory of affected properties.
An “Inventory of Properties within the Historic Overlay Zones” is hereby adopted. This lists the properties within the district which are historically significant or which contribute to the historic character of the district. It is to be used to identify those properties which are subject to the regulations specified in this article. The “Inventory of Historic Overlay Zones” may be amended as necessary by the planning director, following recommendation from the historical commission. The current “Inventory of Historic Overlay Zone” shall be maintained on file in the office of the department of planning and community development. (Ord. 3103-08 § 18, 2008.)