Chapter 19.39 GENERAL PROVISIONS

This chapter contains a variety of regulations and standards that apply to the development and use of land. The regulations of this chapter do not all pertain to the same general subject matter. The regulations are arranged in alphabetical order by topic, so a careful review of the contents of this chapter is important in finding all pertinent regulations. (Ord. 1671-89 (part), 1989.)

19.39.020 Accessory uses, facilities and activities.

A. General. Accessory uses, facilities and activities normally associated with a use listed as a permitted use in a zone are permitted as part of that permitted use on the same lot as the principal structure. The accessory use, facility or activity must be clearly secondary to the permitted use. The primary use or activity shall be established before or concurrent with the accessory use of activity.

B. Authority of the Planning Director. The planning director is specifically authorized to determine if a particular accessory use, facility or activity is normally associated with a particular permitted use and if a particular accessory use, facility or activity is clearly secondary to the permitted use.

C. Exceptions and Limitations. This title establishes specific limitations and regulations for some accessory uses and facilities for some uses in some zones. Where applicable, those specific regulations supersede the general statement of subsection A of this section. (Ord. 3534-17 § 6, 2017; Ord. 2720-03 § 9, 2003; Ord. 2146-96 § 11, 1996; Ord. 1849-92 § 47, 1992; Ord. 1671-89 (part), 1989.)

19.39.024 Adult retail business regulations.

A. An adult retail business shall not be located or maintained within two hundred fifty feet, measured from the nearest property line of the adult retail use establishment to the nearest property line of any of the following uses or zones located inside or outside of the city of Everett:

1. Public library;

2. Public playground or park;

3. Public or private school and its grounds, from kindergarten to twelfth grade;

4. Nursery school or day care center;

5. Church, temple, mosque, synagogue, or other place of religious worship;

6. Lots located in residential zones.

B. An adult retail business shall not be located or maintained within the area designated by the map set forth in Exhibit A at the end of this section.

C. An adult retail business shall not be located within one thousand feet of any other adult retail use establishment or any adult use business.

D. An adult retail business which is operating on June 1, 2005, may continue in operation as a lawful nonconforming use, notwithstanding the provisions of this section, as long as it meets the requirements for a nonconforming use under Chapter 19.38 of this title.

(Ord. 2836-05 § 2, 2005)

19.39.025 Adult use business zoning regulations.

A. Locational Requirements.

1. An adult use business as defined by this title shall be permitted within the city limits only if it meets all of the locational requirements set forth in this section.

2. Adult use businesses shall be prohibited within one thousand feet of any area of the city zoned for residential purposes. Residential zones shall include the R-S, R-1, R-2, R-1(A), R-2(A), R-3, R-3(L), R-4, R-5, UR zones and any other residential zone hereafter adopted by the city.

3. Adult use businesses shall be prohibited within one thousand feet of any church, synagogue, mosque, or temple. For purposes of this section, land uses for which the principal use is not a church, synagogue, mosque, or temple but which include such a use as an accessory or incidental use to the principal use, such as a chapel within a hospital, a social service facility which provides religious services such as the Everett Gospel Mission, or other similar arrangement, shall not be deemed to be a church, synagogue, mosque, or temple.

4. Adult use businesses shall be prohibited within one thousand feet of any public or private school offering general education for students between the years kindergarten through twelfth grade. For purposes of this section, athletic training facilities such as gymnastics, judo, karate, and dance and similar uses shall not be deemed to be a school.

5. Adult use businesses shall be prohibited within one thousand feet of any public park or playground operated by the city. For purposes of this section, bike paths, trails, waterways and boat launches shall not be deemed to be a public park.

6. Adult use businesses shall be prohibited within one thousand feet of any designated community development block grant neighborhood.

7. Adult use businesses shall be prohibited from locating within five hundred feet of any other adult use business.

8. Adult use businesses shall be prohibited from locating within five hundred feet of any existing establishment selling alcoholic beverages for consumption on premises.

9. Distances provided for herein shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the proposed adult use business is or is to be located, to the nearest point of the parcel of property or the zoning district boundary line from which the proposed adult use business is or is to be separated.

10. Nothing within locational requirements set forth in this chapter shall preclude an adult use business from conducting more than one adult use activity within a single structure; provided, the adult use business shall comply with provisions of this title and all other city ordinances.

11. In the event an adult use business is legally established in accordance with the requirements of this title and does not constitute a nonconforming use as defined in subsection B of this section, and a sensitive land use described in subsections A.2 through A.6 of this section locates within the required separation distance, the zoning conformity of the legally established adult use shall not be affected.

12. Adult use businesses, panoram premises and public places of adult entertainment shall not be permitted within the area defined in Map 5.1.

B. Amortization.

1. The nonconforming use provisions set forth in Chapter 19.38 of this title shall not apply to adult use businesses. For purposes of this title, a “nonconforming adult use business” constitutes an adult use business which lawfully exists as an adult use business which receives nonconforming status by virtue of an order from a court of competent jurisdiction, or which lawfully existed as an adult use business prior to a change in the zoning which change does not permit an adult use business in its existing location and is maintained as an adult use business although it does not comply with the adult use business zoning requirements set forth in this title, or is an adult use business which lawfully existed prior to annexation by the city and is maintained after the effective date of annexation and does not comply with the adult use business zoning requirements set forth in this title.

2. Adult use businesses which are nonconforming uses in the zone in which they are located and which are located within the city limits shall be discontinued within one year of the date of becoming a nonconforming adult use business or upon the expiration of the leasehold period in existence as of the date of becoming a nonconforming adult use business, or upon the sale of the nonconforming adult use business, whichever occurs first. Adult use businesses which are nonconforming as a result of annexation to the city shall be discontinued within one year of the date of annexation. Such nonconforming adult use businesses shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities (extend, expand, enlarge, increase in intensity) shall include:

a. Extension of a nonconforming adult use business to any building or other structure or land area other than one occupied by such use as of the date of becoming a nonconforming adult use business.

b. Extension of any specific type of nonconforming adult use business, as separately defined in Chapter 19.04 of this title, within a building or other structure to any portion of the floor area that was not occupied by that same type of adult use business as of the date of becoming a nonconforming adult use business.

c. Operation of a nonconforming use in such manner as to conflict with, or to further conflict with if already

conflicting as of the date of becoming a nonconforming adult use business.

Any change in a nonconforming adult use business shall be to a use which is legally permitted within the zone in which it is located. In the event a nonconforming adult use business, or portion thereof, is changed to a use which is legally permitted within the zone in which it is located, then the structure or portion thereof which contained the adult use business cannot thereafter be used or reused for any type of adult use business. In the event a nonconforming adult use of a building or structure is vacated, closed or abandoned for a period in excess of six months, the structure shall not thereafter be used except in conformance with a use which is legally permitted within the zone in which it is located.

Repairs and alterations to a nonconforming adult use business building or structure shall be limited to nonstructural repairs and incidental alterations for normal maintenance and shall only be permitted to the extent necessitated by normal wear and tear. No structural alterations shall be allowed.

A building or structure containing a nonconforming adult use business which is damaged or destroyed by fire, wind, earthquake or other natural disaster can be restored and the same use or occupancy continued or resumed provided the total cost of such restoration does not exceed the value of the building or structure at the time of such damage. Restoration of a structure or building housing a nonconforming adult use business or moneys used therefor shall not be used as factors by the examiner when considering any request of a time extension made pursuant to subsection B.3 of this section.

3. In the event a nonconforming adult use business determines that the period set forth in subsection B.2 of this section does not provide the adult use business with a reasonable period of amortization, then no later than one hundred eighty days prior to the expiration of the period, the nonconforming adult use business shall make application to the city land use hearing examiner for an extension of time. Accompanying the application shall be a fee in the amount of two hundred fifty dollars and detailed information addressing the below-listed factors to be considered by the hearing examiner. In determining whether or not to grant the extension, the examiner shall determine whether or not the harm or hardship to the nonconforming adult use business outweighs the benefit to be gained from the public from termination of the use. Factors to be considered by the examiner include the location of the business in relation to sensitive land uses such as schools, parks, churches, residential zone(s), etc., initial capital investment, investment realization to date, life expectancy of the investment, the existence or nonexistence of a lease obligation, as well as a contingency clause permitting termination of the lease, or whether a reasonable alternate use of the property exists. The action of the examiner shall be in accordance with the review process as described in Title 15, Local Project Review Procedures.

4. Within thirty calendar days of becoming a nonconforming adult use business, the nonconforming adult use shall provide the city’s planning director with copies of its current leasehold document(s) which sets forth their existing leasehold time period or, in the case of a nonleasehold interest, the city’s planning director shall be provided other documents which show record of ownership. (Ord. 3617-18 § 67, 2018; Ord. 2711-03 § 6, 2003; Ord. 2538-01 §§ 63, 64, 65, 2001; Ord. 2144-96 §§ 11, 16, 1996; Ord. 1671-89 (part), 1989.)

19.39.030 Animals.

The keeping of animals shall be governed by the provisions of the animal control ordinance. (Ord. 1671-89 (part), 1989.)

19.39.040 Antennas and building appurtenances.

A. Antennas.

1. Except for amateur radio towers and antennas and as otherwise allowed by Section 41.150.D.1.c of this title, the height of any antenna shall not exceed five feet above the maximum permitted building height above the base elevation of the principal building, and shall not exceed the horizontal distance between the base of the antenna and the nearest property line.

2. Amateur radio towers and antennas for use by a noncommercial, licensed amateur operator shall be allowed if they:

a. Do not exceed the height of sixty-five feet above the base elevation of the principal building;

b. Are located and constructed in a manner that will prevent it from falling onto adjoining properties;

c. Do not interfere with nearby utility lines, etc.;

d. Are not located within any required setback area.

3. An amateur radio tower or antenna may exceed sixty-five feet above the base elevation of the principal building if approved by the planning director using the review process described in Title 15, Local Project Review Procedures. In order to approve an antenna or tower height which exceeds sixty-five feet above the base elevation of the principal building, the planning director shall approve the minimum height necessary to reasonably allow for transmission and reception of radio signals, and the antenna or tower shall:

a. Be located and constructed in a manner that will prevent it from falling onto adjacent properties;

b. Not interfere with nearby utility lines;

c. Not be located within any required setback area.

4. a. A freestanding dish antenna which is located in a residential zone shall not be located between a residential building and the front lot line.

b. Subsection A.4. a of this section notwithstanding, any other freestanding dish antenna shall be considered to be an accessory structure and shall be subject to the setback requirements pertaining thereto.

c. A dish antenna which is roof-mounted shall comply with subsection A.l of this section.

B. Other Building Appurtenances.

1. Except as provided in subsection A or B.2 of this section, no building appurtenance shall exceed a height of five feet above the maximum height allowed in the zone for the principal building, unless the planning director determines that the appurtenance must be above such height for proper operation.

2. The planning director, using the review process described in Title 15, Local Project Review Procedures, may allow an atrium appurtenance which does not increase the floor area of the building but which allows for passive solar energy usage to exceed the maximum building height allowed by the zone in which the subject property is located by not more than twenty percent of the maximum permitted building height. In reviewing such a proposal, the planning director shall not approve the proposed building appurtenance if it would significantly obstruct views from and solar access for surrounding properties.

C. Rooftop Appurtenances, Required Screening. Vents, mechanical penthouses, elevator equipment and similar appurtenances that extend above the roofline shall be landscaped or architecturally screened, except for rod and wire antennas, and dish antennas approved pursuant to subsection A of this section. The height of the screening must be at least as high as the rooftop appurtenances. Screening shall consist of materials similar to those used for the building facade. (Ord. 2538-01 §§ 66, 67, 2001; Ord. 2290-98 § 2, 1998; Ord. 1864-92 § 5, 1992; Ord. 1849-92 § 58, 1992; Ord. 1671-89 (part), 1989.)

19.39.050 Bed and breakfast houses.

A. The bed and breakfast house shall be conducted in such a manner as to give no outward appearance nor manifest any characteristics of a business, in the ordinary meaning of the term, that would infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes. The bed and breakfast house shall be operated within the principal structure and not in any accessory structure.

B. The owner shall be the operator of the facility and shall reside on the premises.

C. There shall be no more than five guest rooms for persons other than the members of the immediate family of the operator.

D. There shall be no cooking facilities permitted in guest rooms.

E. The maximum stay permitted for guests shall not exceed ten consecutive days.

F. Bed and breakfast houses shall be permitted where indicated by the use-standards table for individual zones. Within the A-1, R-S, R-1, R-2, B-1 and B-2(B) zones, bed and breakfast houses shall be permitted only in homes individually listed on the National, State or Everett Historical Register. Homes within historic districts which are not individually listed on the National, State or Everett Historical Register are not eligible to become bed and breakfast houses.

G. In considering an application for a bed and breakfast house within the A-1, R-S, R-1 and R-2 zones, the review authority shall consider the impact that noise and traffic from the proposed bed and breakfast house would have on the neighborhood in which the house is located. Within these zones, the review authority shall have the authority to deny an application if the noise or traffic generated by a bed and breakfast house would infringe upon the right of the neighboring residents to enjoy a peaceful occupancy of their homes; or if the street system is not sufficient to provide emergency vehicle access to the bed and breakfast house and other neighboring properties. (Ord. 3684-19 § 2(J), 2019; Ord. 3618-18 § 25, 2018: Ord. 2397-99 § 61, 1999: Ord. 1958-93 § 10, 1993; Ord. 1671-89 (part), 1989.)

19.39.060 Boarding and rooming.

In single-family zones, rental of rooms for lodging is limited to two roomers. There shall be no separate kitchen facilities in rented rooms. (Ord. 1849-92 § 48, 1992; Ord. 1671-89 (part), 1989.)

19.39.070 Fences.

A. Height.

1. Except as provided in subsection A.2 of this section, fences in residential zones and fences located on the common abutting property line in nonresidential zones which immediately abut residential zones shall not exceed six feet in height. Within the front yard setback areas, the maximum height shall not exceed forty-two inches, unless approved by the planning director using the review process described in Title 15, Local Project Review Procedures.

2. Fences on residentially zoned lots abutting freeways shall be permitted a height of ten feet when located and constructed to reduce the impacts of freeway noise on the residential lot. When the use of the property requires compliance with the landscaping requirements of Section 19.35.090, the fence shall be set back the distance required to accommodate the landscaping, and provision shall be made for access to the landscape area for maintenance purposes.

3. Fences in commercial and industrial zones shall not exceed ten feet in height, including barbed wire located on top of the fence.

4. Fences in residential zones may exceed six feet in height; provided, that they meet the building setback requirements and do not exceed the building height requirements of the zone in which they are located.

B. Location. Fences shall not interfere with the vision clearance from public streets or alleys for corner lots as required in subsection C of this section. In commercial zones, fences may not be located between any public street and the front of any building unless required for screen purposes by Chapter 19.35.

C. All corner building sites located in use districts that require a front and a side yard shall maintain a clear triangle at the intersection of the street and/or alley rights-of-way for the purpose of traffic safety. No building, structure, object or growth over thirty-six inches in height, measured from the mean grade of the intersecting streets, shall be allowed within this triangle. One angle of this triangle shall be formed by the intersecting street rights-of-way and the sides of the triangle measured along the property lines from said angle shall be fifteen feet in length; the third side of such triangle shall be a straight line connecting the ends of the two aforementioned lines.

D. Retaining Walls and Berms. Fences placed on top of berms shall be constructed so as not to exceed the maximum height allowed if the berm were not there. Fences placed upon rockeries or retaining walls shall be permitted to be constructed to the maximum allowable fence height above the rockery or retaining wall, provided the rockery or retaining wall does not exceed a height of six feet. Fences constructed on top of retaining walls which are greater than six feet in height shall not exceed a maximum fence height of forty-two inches.

E. Barbed Wire, Razor Wire, and Other Similar Dangerous Fence Materials. Such materials are not permitted in any residential zone except for security facilities around utility or communications facilities, or other special property uses. In commercial and industrial zones, these fencing materials are permitted only atop a fence or wall at least six feet in height. Such fencing material shall not be conspicuously visible from arterial streets or residentially zoned properties.

F. Electric Fences. Electric fences may be installed and maintained in the A-1 zone for the purpose of controlling permitted livestock; provided, that no such fence shall border any public right-of-way or constitute a property line fence. Electric fences are permitted in commercial and industrial zones using the review process described in Title 15, provided such fence shall be installed interior to a nonelectric perimeter barrier not less than six feet in height.

G. Fences within the core residential area must also comply with Section 19.20.800. If there is a conflict between this section and Section 19.20.800, the provisions of Section 19.20.800 shall control. (Ord. 3617-18 § 68, 2018; Ord. 3600-18 § 1, 2018; Ord. 3220-11 § 3, 2011: Ord. 2657-02 § 45, 2002; Ord. 2538-01 § 68, 2001; Ord. 1849-92 § 49, 1992; Ord. 1671-89 (part), 1989.)

19.39.075 Front lot line on corner sites.

A. When a development site is comprised of more than one platted lot or parcel of land, the planning director shall determine which lot line is to be the front lot line.

B. In making the determination of front lot line the planning director shall use the following criteria:

1. The orientation of the originally created lot or parcel lines;

2. The relationship of the proposed development to existing topography, buildings, and development patterns in the immediate vicinity;

3. The classification of the affected streets (arterial, collector, local, etc.) and how the application of “front lot line” would affect vehicular traffic flow and pedestrian safety;

4. General plan policy language which may designate a particular street as a “gateway” street;

5. The existing development on the lot and how the application of front lot line would impact the existing improvements on the site;

6. Maximizing the use of alleys for access to parking areas and preserving the setback areas for streetscape improvements;

7. Other factors related to the purpose of the zoning code and the zone in which the property is located, environmental impact, and the proposed use of the property.

C. On corner lots which have been developed under a previous zoning code, or which were developed prior to the establishment of a zoning code, the planning director is authorized to determine which side of the lot is to be considered the front lot line for purposes of establishing building setbacks when an addition or expansion is proposed to the existing building on the lot. (Ord. 1849-92 § 50, 1992; Ord. 1729-90 § 28, 1990; Ord. 1671-89 (part), 1989.)

19.39.080 Garbage receptacles, dumpsters and recycle bins—Placement and screening.

The following requirements apply in all areas except single-family zones:

A. Placement. Garbage receptacles, dumpsters, and recycle bins shall be provided in all multiple-family, commercial, industrial and institutional developments and shall not be located in a required front yard setback area, or street side setback area for corner lots. Where an alley abuts a lot in any zone, the garbage receptacles, dumpsters, or recycle bin shall be located adjacent to the alley.

B. Screening. All garbage dumpsters and recycle bins must be screened from view from the street and from adjacent properties. This screening may be done using dense vegetation or by placing the dumpster or recycle bin in a structural enclosure. (Ord. 1849-92 § 51, 1992; Ord. 1671-89 (part), 1989.)

19.39.090 Hazardous waste treatment and storage facilities.

Hazardous waste treatment and storage facilities shall be permitted in accordance with the following requirements:

A. Commercial Zones, Institutional Uses in Residential Zones. In the B-1, B-2, B-2(B), B-3, C-1, C-1R, M-S, and W-C zones, and for institutional uses in residential zones, on-site hazardous waste treatment and storage facilities shall be permitted as an accessory use to any activity generating hazardous waste which is lawfully permitted within such zones, provided that such facilities meet the state siting criteria adopted pursuant to the requirements of RCW 70.105.210.

B. Industrial Zones. In the C-2, M-1, M-M and M-2 use zones, on-site and off-site hazardous waste treatment and storage facilities shall be permitted; provided, that such facilities meet the state siting criteria adopted pursuant to the requirements of RCW 70.105.210. (Ord. 1849-92 § 52, 1992; Ord. 1671-89 (part), 1989.)

19.39.100 Infrastructure requirements.

Repealed by Ord. 2657-02. (Ord. 1671-89 (part), 1989.)

19.39.105 Jails, correctional facilities, Class II group-care homes.

A. Permitted Use—Proportionality to Everett’s Population. In order for jails and correctional facilities to be classified as a permitted use, the applicant must demonstrate the existence of proportionality of their distribution throughout the county and its cities. The applicant must make application to the city demonstrating that in relation to Everett, Snohomish County and cities within Snohomish County have accepted their proportional share of jails and correctional facilities. This shall be determined using the following formula:

A =	“Everett’s current population” divided by “Snohomish County’s current population”
B =	“Current number of jails and correctional facilities’ beds in Everett” divided by “Current number of jails and correctional facilities’ beds in Snohomish County”

Jails and correctional facilities shall be a permitted use subject to the location criteria set forth herein unless A is less than B, in which case they are not a permitted use.

The population figures used shall be the current population figures issued by the state of Washington Office of Financial Management. The city shall supply the figures for the current number of beds for jails and correctional facilities both within the city and countywide. If the applicant disagrees with the figures supplied by the city to make the calculation, the applicant can supply his/her own figures along with supporting documentation. This will be considered by the planning department in rendering its written decision.

If it is determined that Snohomish County and cities within Snohomish County have accepted their proportional share of jails and correctional facilities in relation to Everett, then the proposed use will be considered a permitted use within those locations defined in subsection B of this section and subject to the appropriate review process. Within twenty-one days of receipt of a completed application, the planning department, using the review process described in Title 15, Local Project Review Procedures, shall render a written decision on whether the applicant has demonstrated that in relation to Everett that the county and other cities within the county have accepted their proportional share of jails and correctional facilities.

B. Locational Criteria. Subject to the provisions of this chapter, jails and correctional facilities shall be a permitted use in the UM zone within the four-block area bounded by Wall on the north, Pacific on the south, Colby on the west and Lombard on the east subject to the review process described in Title 15, Local Project Review Procedures. Jails and correctional facilities are not permitted uses in any other portion of the UM zone, nor in any other zone.

C. Expansions. Notwithstanding any provisions to the contrary, the proportionality requirement set forth in subsection A of this section does not apply to the expansion of existing governmental facilities within the four-block area described in subsection B of this section for the purpose of adding jails and correctional facilities.

D. Existing Facilities—Vested Rights. The provisions of this chapter do not affect the vested rights of jails and correctional facilities that are established as of the effective date of the ordinance codified in this chapter including the Denny Youth Center generally located at 10th and Pine, the Snohomish County Jail generally located at 1918 Wall Street, Evergreen Manor located at 2601 Summit, and, per Section 41.150.F.2, the Second Chance juvenile transition facility generally located at 40th and Smith Street. (Ord. 3617-18 § 69, 2018; Ord. 2538-01 §§ 69, 70, 2001; Ord. 2111-95 § 2(B)—(E), 1995.)

19.39.110 Junk in yard.

Except in zones where such uses are specifically permitted by this title in compliance with specific regulations, it is a violation of this title to accumulate junk (scrap or salvage metal, paper, trash, cloth, batteries, rubber debris, scrap wood, junked, dismantled or wrecked vehicles, etc.) or for an owner of property or person in control of property to allow junk to accumulate on property in the city. (See also the minimum maintenance ordinance and the cease and desist ordinance.) (Ord. 1671-89 (part), 1989.)

19.39.120 Manufactured homes.

Repealed by Ord. 2397-99. (Ord. 1849-92 § 53, 1992; Ord. 1671-89 (part), 1989.)

19.39.125 Live/work units.

A. Live/work units are built spaces that function as both work spaces and residences.

B. The multiple-family design guidelines do not apply to live/work units.

C. No portion of a live/work unit may be rented or sold as a commercial space for a person or persons not living on the premises, or as a residential space for a person or persons not working on the premises.

D. At least one resident in each live/work unit shall maintain at all times a valid city business license for a business on the premises. (Ord. 3002-07 § 7, 2007)

19.39.130 Minimum lot area, shape, lot area averaging, lot frontage—Cluster alternative for subdividing.

A. Minimum Lot Area.

1. All of the following are deleted from the net square footage of a lot for the purpose of determining minimum lot area, except as otherwise permitted by Title 18 of this code:

a. Public right-of-way; and

b. Private roads, private primary access easement; and

c. Minor portions of panhandle lots; and

d. Portions of a tapered or pie-shaped lot less than forty feet in width. Only the front portion of the lot located between the street or easement access drive and dwelling shall be excluded from lot area. All other angled or tapered portions of lots may be included in lot area.

2. The area of any other easement is not subtracted from the net square footage of a lot.

B. Minimum Lot Dimensions. Except as provided in subsection E of this section and Chapter 19.15A of this title, every lot shall be of a shape such that two lines, one equal to the required width and one equal to the required depth for the land use district, may be placed at right angles to each other entirely within the lot boundaries. The minor portion of a panhandle lot may not be used for purposes of meeting this requirement. Lot width shall be measured at the midpoint between the front and rear building setback lines of the primary structure, which structure does not include detached garages or other accessory buildings.

C. Minimum Lot Area—Averaging in Subdivisions. In any formal subdivision within the R-S, R-1 and R-2 zones and in short subdivisions other than easement access short subdivisions, the individual lots of the subdivision shall be considered legal lots if the average of the areas of all lots in the subdivision meets the minimum requirement for the district in which the subdivision is located, and further provided:

1. That no lot shall be less than four thousand square feet with a minimum of fifty feet of width and eighty feet of depth unless in an R-2 zone where the lot abuts and takes vehicular access from a public alley;

2. On lots with alley access, no individual lot therein shall have an area less than three thousand square feet, be less than thirty feet in width, or less than eighty feet in lot depth. On such lots, the minimum lot frontage requirement shall be not less than thirty feet, and the lot frontage requirements of subsection D of this section shall not apply;

3. That lot area averaging may not be used to create lots for duplexes or multiple-family dwellings with less lot area than otherwise required by this title for the zone in which the property is located;

4. Not more than a thirty-five percent increase over the required minimum lot area for any single lot shall be credited in computing average lot area;

5. The development standards of Section 19.07.010 shall apply to single-family dwellings on lots with less than five thousand square feet created using the lot area averaging process;

7. Panhandle lots and lots with easement access shall not be eligible for lot area averaging;

8. This section may not be used in conjunction with Section 37.210.A.1, which allows credit for critical areas/environmentally sensitive areas.

D. Lot Frontage. The minimum lot frontage for all lots shall be forty feet, except for panhandle lots, for which the frontage shall be governed by the Subdivision Ordinance, and except as may otherwise be provided by this title.

E. Minimum Lot Area—Cluster Alternative for Subdividing.

1. Purpose and Intent. The purpose of this section is to establish a process which allows greater flexibility in the development of single-family detached and attached housing on lots which do not strictly conform to the development standards of this title for single-family lots, or which are legally structured so as to be sold individually but not through fee simple ownership as is typical through a conventional subdivision or short subdivision. This process shall be known as the “cluster alternative.” The cluster alternative is intended to provide flexibility for a development that is innovative and consistent with comprehensive plan policies promoting architectural compatibility with housing on adjacent properties, affordable housing, and owner occupied housing types. Terms sometimes used for the type of single-family detached development allowed using the cluster alternative review process include, but are not limited to, “zero lot line,” “zipper lots,” “angle lots,” “not lots,” “Z-lots,” or “cluster lots.”

It is the intent of this development review process to require the thoughtful design of the site layout and housing units prior to receiving approval so the public will know what the development will look like when completed and so the review authority will have sufficient information to use in evaluating the proposed housing development for compliance with the requirements of this section. The basis for approval of a proposed development will depend in part upon the applicant demonstrating that the flexibility allowed through this review process will result in a housing development which includes high quality housing, compatibility with neighboring properties, and design that is sensitive to the property’s setting.

It is also the intent of this review process to eliminate variances to the dimensional requirements of the zoning code by requiring use of the review process described in this section rather than the variance process. By establishing this review process for alternative development standards to those otherwise required by the zoning code, subdividers will have greater flexibility in the design of subdivisions, and the public will have more input to the design of the subdivision and siting of housing units on the site.

2. Applicability—Where Permitted. This alternative to a conventional subdivision or short subdivision shall be permitted in any residential zone allowing for the development of single-family detached dwellings. To use this process, developments shall contain at least seven single-family detached and/or single-family attached dwellings.

3. Review Process—Review Authority. Review Process III shall be required as defined in Title 15, or any amendments thereto.

4. Modification of Development Standards. The review authority, through the cluster alternative review process, may allow the following modifications to the development standards of the underlying zone district:

a. Lot area; provided, that no lot shall have an area containing less than four thousand square feet (three thousand square feet for lots with alley access), and that the number of dwelling units does not exceed the number derived using the following formula:

Total lot area divided by minimum lot area of zone = maximum # of permitted dwellings*

*Any calculation resulting in a fractional number shall be rounded down to the next whole number.

For example, on a one-acre site in the R-1 zone, the formula would be calculated as follows:

43,560 sq. ft. divided by 6,000 square feet = 7 dwelling units.

On a two-acre site in the R-2 zone, the formula would be calculated as follows:

87,120 sq. ft. divided by 5,000 square feet = 17 dwelling units.

b. Lot width, provided the lot has a minimum width of forty-five feet if it does not have alley access, and a minimum width of thirty feet if it has alley access.

c. Lot depth, provided the lot has a minimum depth of seventy-five feet.

d. Building setbacks.

e. Lot frontage.

f. Lot coverage.

g. The requirements of Chapter 19.37 shall not be permitted to be modified except as provided by Chapter 19.37.

h. Single-family detached or single-family attached dwelling units are permitted using the cluster alternative.

5. Evaluation Criteria for Modification of Development Standards. The basis for approval or denial of a proposal to modify the development standards of the underlying zone district, as permitted by subsection E.4 of this section, shall be the innovative or beneficial overall quality of the proposed development, demonstrated by the following criteria. The review authority shall deny the application for failure to satisfy the following criteria:

a. The modification will allow an innovative or unique residential development not otherwise permitted by the development standards of the underlying zone district, but which promotes the goals of the comprehensive plan for architectural compatibility with housing on adjacent properties, affordable housing, and owner occupied housing types.

b. The modification will result in the provision of usable common open space equal to at least ten percent of the lot area prior to development (example: trails, playground, ball field, etc.).

c. The modification will result in less visual impact created by off-street parking areas when viewed from public streets or private properties which abut the property than would be likely without the modification of development standards.

d. The dwelling unit orientation and design provide orientation to the street, including a prominent front entrance to the dwelling, minimize the visual prominence of the garage and garage doors and promote greater privacy for existing residential areas abutting the subject property and between individual dwellings within the cluster development than would be likely to occur without the modification of development standards. Consideration will be given to orientation and design of dwelling units, screening, and landscaping.

e. The modification will result in the protection or enhancement of environmentally sensitive areas or historic structures not likely to occur without the modification of development standards. If these features do not exist, this section will not apply.

6. Single-Family Attached Development Standards. In addition to the other provisions of the cluster alternative, the following standards shall apply to single-family attached housing proposed using the cluster alternative:

a. Single-family attached housing shall be permitted only when each dwelling unit may be owner occupied, as provided through a condominium, zero lot line subdivision, or residential binding site plan.

b. Buildings shall be designed and constructed so that each dwelling is distinguishable as a separate dwelling.

c. Each dwelling shall have a prominent entrance on the ground level.

d. Lots without alley access may have garages which face the street, but the front of the garage shall be set back five feet behind the front facade of the dwelling.

7. Conditions of Approval Which May Be Required by the Review Authority. In considering a proposal using the cluster alternative to conventional platting, the review authority shall require the following as conditions of approval of the proposed development:

a. The provision and improvement of common open space areas for the use and benefit of the residents of the proposed cluster development.

b. Limitation on the percentage of lot coverage by buildings, driveways and off-street parking areas to minimize storm water runoff and visual impacts to surrounding properties.

c. Limitation on the size, floor area, and height of buildings.

d. Dwellings built on lots without direct frontage on the public street shall be situated to respect the privacy of abutting homes and to create usable yard space for the dwelling(s). The review authority shall have the discretion to establish setback requirements that are different than may otherwise be required in order to accomplish these objectives.

e. Appropriately sized and placed landscaping shall be provided to enhance the streetscape, to provide privacy for dwellings on abutting lots, and to provide separation and buffering on easement access drives. The city may require a community landscaping maintenance easement for the front yards of all homes or lots, and require maintenance by the homeowners association to ensure uniform maintenance of all front yards within the development.

f. The review authority may apply additional development standards, such as increased setbacks, reduced building height, window location, or other building design elements, as a condition of approval, as needed to ensure that developments using the cluster alternative review process satisfy the evaluation criteria stated in subsection E.5 of this section.

g. Covenants—Maintenance. All common open space, community facilities, and landscaping shall be subject to maintenance and use provisions which shall be set forth and recorded in private covenants, deed restrictions, homeowner’s agreements or through other legal means in a form suitable to the city attorney to assure continued maintenance, establish rights of access and to address other relevant matters.

8. Application Submittal Requirements. In addition to the application submittal requirements of the city’s land division ordinance and other requirements of the zoning code, applications for the cluster alternative to subdivisions or short subdivisions shall include the following information:

a. Typical lot detail with architectural elevations of dwellings proposed to be built or placed on each building site on the property, reflecting an integrated architectural plan for the development.

1. The dwelling units shall be designed to fit each specific lot or building site so that adequate off-street parking can be provided and still provide a pleasing streetscape, private yard areas and common open space area.

2. The dwelling unit design shall take into consideration the relationship of indoor and outdoor spaces to provide for the optimum use of both.

3. If possible, the design should provide for solar orientation and views from the site.

b. Master landscaping plan for the property, including fencing and planting to ensure privacy, screen drainage facilities, and provide compatibility between the subject property and adjoining residential areas. (Ord. 3618-18 § 26, 2018; Ord. 3377-14 § 4, 2014; Ord. 2720-03 §§ 10—13, 2003; Ord. 2329-98 § 1, 1998: Ord. 2146-96 §§ 12, 14, 1996; Ord. 1838-91 § 25, 1991; Ord. 1671-89 (part), 1989.)

19.39.140 Performance regulations—General.

A. Light and Glare Regulation. Any artificial surface which produces light or glare which annoys, injures, endangers the health or safety of persons, or interferes with the use of property is a violation of this title.

B. Heat Regulation. Heat generated by any activity or operation on the subject property which injures or endangers the health or safety of persons or interferes with the use of abutting property or streets is a violation of this title.

C. Noise Regulation. Noise shall be regulated in accordance with the provisions of the noise ordinance.

D. Odor—Air Emissions. Any odor which injures or endangers the health or safety of persons or interferes with the use of abutting properties or streets is a violation of this title. Emissions to air shall comply with the standards of the State Department of Ecology and the Puget Sound Air Pollution Control Authority.

E. Vibration and Concussion. Except during periods of construction, vibration or concussion resulting from a permitted use on a lot shall not be discernible on other properties without the aid of instruments. (Ord. 1671-89 (part), 1989.)

19.39.145 Recreational marijuana zoning regulations.

A. Definitions. The terms “marijuana,” “marijuana processor,” “marijuana producer,” and “marijuana retailer” shall have the meaning set forth in RCW 69.50.101. “City” means the city of Everett.

B. Producers and Processors. Marijuana producers and marijuana processors may operate in the city of Everett provided there is full compliance with all of the following provisions:

1. Marijuana producers and marijuana processors must comply with all requirements of state law, the Washington State Liquor and Cannabis Board, and the city;

2. Marijuana producers and marijuana processors may locate only within the M-1, M-2, M-M, and C-2 zones;

3. Marijuana producers and marijuana processors may not locate within one thousand feet of any parcel zoned as residential (R-S, R-1, R-1(A), R-2, R-2(A), R-3, R-3(L), R-4, R-5, and UR zones);

4. Marijuana producers and marijuana processors may not locate within one thousand feet of any parcel containing an elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade to which admission is not restricted to persons aged twenty-one years or older;

5. Tier 2 and Tier 3 marijuana producers and/or processors may not operate or locate in the city; and

6. There shall be a minimum separation of one thousand feet between production and/or processing uses, measured as the shortest distance between the boundaries of the lot upon which each use is located.

C. Retailers. Marijuana retailers may operate in the city pursuant to the following restrictions:

1. Marijuana retailers must comply with all requirements of state law, Washington State Liquor and Cannabis Board and the city;

2. Marijuana retailers may locate only within the B-2, BMU, C-1, C-1R, C-2, E-1, E-1 MUO, M-2, ULI and UM zones;

3. Marijuana retailers may not locate in neighborhood business (B-1) zones;

4. Marijuana retailers may not locate in a building in which nonconforming retail uses have been established in residential zones (R-S, R-1, R-1(A), R-2, R-2(A), R-3, R-3(L), R-4, R-5, and UR zones);

5. Marijuana retailers may not locate within one thousand feet of any parcel containing an elementary or secondary school, playground, recreation center or facility, child care center, public park, public transit center, or library, or any game arcade admission to which is not restricted to persons aged twenty-one years or older;

6. Marijuana retailers may not locate within two thousand five hundred feet of any other legally established marijuana retailer;

7. Customer parking for marijuana retailers must be on the public street side of the structure in which the marijuana retailer is located and may not be off of or adjacent to an alley. However, staff parking and business deliveries may occur on the alley side of the structure;

8. Vehicular access to the parking lot for a marijuana retailer shall be from the public street frontage and may not be from an alley. Any property located on a street from which vehicular access to the site from the street is prohibited by the city engineer shall not be allowed for use as a marijuana retailer;

9. Marijuana retailers shall not be allowed on any parcel containing a residential use;

10. Marijuana retailers shall not be allowed on any parcel that is contiguous to a parcel containing residential use, unless the planning director, using Review Process II as described in Title 15, finds the following:

a. There is a physical separation between the two uses, such as another commercial building, or a substantial change in topography;

b. The retail use is located in a shopping center as one of multiple tenants with adequate parking for all uses and access as stated above;

c. The building in which the retail use is located faces the commercial street and the residential use faces a residential street in the opposite direction, without a shared alley between the two;

d. The residential use is located at least one hundred feet from the common lot line between the two uses;

11. In reviewing a proposed marijuana retailer under this section, the planning director shall have the authority to require improvements including, but not limited to, fencing or landscaping to screen the retail use from the residential use;

12. The front facade of retail stores shall consist of storefront window(s), doors, and durable, quality building materials consistent with the design standards of the zone in which the property is located. Transparency requirements for windows shall apply unless in conflict with Washington State Liquor and Cannabis Board regulations. If located in a zone without design standards, at least three of the following shall be provided:

a. Special treatment of windows and doors, other than standard metal molding/framing details, around all ground floor windows and doors, decorative glazing, or door designs.

b. Decorative light fixtures with a diffuse visible light source or unusual fixture.

c. Decorative building materials, such as decorative masonry, shingle, brick, or stone.

d. Individualized patterns or continuous wood details, decorative moldings, brackets, trim or lattice work, ceramic tile, stone, glass block, or similar materials.

e. Use of a landscaping treatment as part of the building’s design, such as planters or wall trellises.

f. Decorative or special railings, grill work, or landscape guards.

g. Landscaped trellises, canopies, or weather protection.

h. Sculptural or hand-crafted signs.

i. Special building elements, such as pilasters, entablatures, wainscots, canopies, or marquees that exhibit nonstandard designs.

j. Other similar features or treatment that satisfies the intent of the guidelines as approved by the city;

13. The maximum number of retail marijuana stores allowed in the city of Everett shall not exceed eight. Any retail marijuana store hereafter established shall be certified as a medical marijuana provider by the Washington State Liquor and Cannabis Board.

D. Measurements. Distances provided under this section shall be measured as the shortest distance between the perimeters of the parcels at issue.

E. Compliance. Marijuana producers, marijuana processors, and marijuana retailers are required to acquire all necessary business licenses and are required to comply with municipal tax regulations and all other applicable city ordinances and regulations.

F. Establishment. For purposes of the two-thousand-five-hundred-foot setback between marijuana retailers, marijuana retailers shall be considered to be legally established in the order in which they are issued a city of Everett business license. The city will not accept a business license application for a recreational marijuana business prior to the applicant providing the city a copy of a letter from the Washington State Liquor and Cannabis Board indicating that the applicant has been approved for a recreational marijuana license. The city will process business license applications for recreational marijuana businesses in the order in which they are accepted.

G. Enforcement. Any violation of this section is subject to enforcement under the provisions of Chapter 1.20 or through action of the city attorney seeking injunctive or other civil relief in any court of competent jurisdiction. The violator will be responsible for costs, including reasonable attorney fees. (Ord. 3772-20 § 1, 2020; Ord. 3617-18 §§ 70, 71, 2018; Ord. 3486-16 § 2, 2016; Ord. 3443-15 §§ 2, 3, 2015)

19.39.150 Required setbacks—Exceptions.

A. General. This section establishes what structures, improvements, and activities may be in or take place within required setback areas as established for each use in each zone in Chapters 19.05 through 19.28.

B. Exceptions and Limitations in Some Zones. Chapters 19.05 through 19.28 contain specific regulations regarding what may be in or take place in required yards. Where applicable, those specific regulations supersede the provisions of this section. See Section 19.41.100 for regulations concerning outdoor uses, activities and storage.

C. Structures and Improvements. No improvement or structure may be located in a required setback area except as provided by Section 19.20.240.

D. Required Yards, Designation and Measurement of.

1. Except as specifically provided in subsection D.2 of this section or as provided in an approved formal plat or short plat, each lot must contain only one front setback and only one rear setback. Any other setback will be considered a side setback.

2. The planning director is authorized to designate front, rear and side setbacks in accordance with the definitions of Chapter 19.04. If these definitions do not establish a front and rear setback, the planning director shall establish the setbacks based upon orientation of the lot to surrounding lots and to any existing development pattern. All other setbacks will be defined in relation to the established front and rear setback. (Ord. 3617-18 § 72, 2018: Ord. 2973-07 §§ 5—8, 2007; Ord. 2538-01 § 71, 2001; Ord. 2146-96 § 13, 1996; Ord. 1849-92 §§ 55, 56, 1992; Ord. 1671-89 (part), 1989.)

19.39.155 Supportive housing.

Repealed by Ord. 3724-20. (Ord. 3500-16 § 8, 2016)

19.39.160 Vehicle and equipment repair on residential premises.

Servicing, repairing, assembling, wrecking, modifying, restoring, or otherwise working on any vehicle on any residential premises in any zone district shall be subject to the following:

A. Work shall be limited to the repair and maintenance of vehicles, equipment, or other conveyance currently registered as specified in the Washington Vehicle Code to the occupant or a member of the occupant’s family, which shall be limited to parents, grandparents, spouse, or children related by blood, marriage or adoption. This limitation precludes auto repair on residential premises by any commercial entity.

B. Such work shall be conducted on no more than one vehicle at any one time.

C. Such work shall only be done within an enclosed structure (such as a garage) or in an area which is screened from public view.

D. Such work shall be done only between the hours of eight a.m. and ten p.m.

E. Such work shall not be done in a public right-of-way.

F. Storage of parts, equipment, or other supplies needed for the repair of the vehicle on the premises must be kept within an enclosed structure or in an area which is screened from public view.

G. No such work which creates a nuisance as defined in Chapter 8.20 shall be permitted.

H. Upon completion of any work allowed by this section, the property shall be cleaned of all debris, oil, grease, gasoline, cloths, rags, and equipment or material used in the work, and shall be left in such a condition that no hazard to persons or property shall remain.

I. Disposal of all waste products shall be done in accordance with Chapter 19.114 RCW. (Ord. 1849-92 § 59, 1992.)

19.39.165 Transportation compatibility.

Repealed by Ord. 3618-18. (Ord. 1849-92 § 60, 1992.)

19.39.170 Vehicles—Storage in residential zones.

Repealed by Ord. 3618-18. (Ord. 2839-05 § 1, 2005: Ord. 1671-89 (part), 1989.)

19.39.180 Surveys required.

For all new buildings, additions, or alterations of existing buildings, the planning director and building official shall both have the independent authority to require the applicant to have a survey completed to verify that the setback and height standards of Title 19 are met.

Upon consideration of scope of the proposed project and the materials submitted by the applicant, the planning director or building official, in their sole discretion, may require a full survey, limit the required survey to a determination of specified property corners or a bench mark for elevation, or require additional information which will demonstrate compliance without requiring a survey. Where the proposed building, addition, or alteration is within one foot of a required setback or within one foot of the maximum allowable height, the planning director and building official should always require a full or limited survey, unless extraordinary circumstances justify otherwise. (Ord. 3216-11 § 1, 2011)