Everett City Zoning Code
19.02 Legal
Effect and Applicability
19.02.010 Time of effect.
This title, including amendments, applies to every development, use, action or activity commenced or engaged in after the effective date of this title, or amendment, unless expressly provided otherwise. (Ord. 3774-20 § 5(B) (Exh. 3), 2020.)
19.02.020 Applicability.
This title shall apply to all land and waters within the corporate boundaries of the city, except as otherwise provided by law. (Ord. 3774-20 § 5(B) (Exh. 3), 2020.)
19.02.030 Benefits.
This title shall be enforced for the benefit of the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the provisions of this title. (Ord. 3774-20 § 5(B) (Exh. 3), 2020.)
19.02.040 Limitations.
It is the intent of this title to place the obligation of complying with its requirements upon the developers, permit applicants, owners and occupiers of the land or building within its jurisdiction. No provision of, or term used in, this title is intended to impose any duty upon the city or any of its officers or employees. Nothing contained in this title is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, its officers, employees or agents for any injury or damage resulting from a failure to comply with provisions of this title, or by reason of or in consequence of any permission, denial or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this title or by reason of any action or inaction on the part of the city related in any manner to the implementation or enforcement of this title by the city, its officers, employees or agents. (Ord. 3774-20 § 5(B) (Exh. 3), 2020.)
19.02.050 Relationship to other regulations and requirements.
All uses and development authorized by this chapter shall comply with all other regulations and requirements of the Everett Municipal Code or any other local, state or federal agency that has jurisdiction by law over land uses and development authorized by this chapter. Where a conflict exists between this chapter and other regulations, the more stringent requirements shall apply. If the requirements of any section of this title conflict with any other section, the more restrictive requirement shall apply. If, in the opinion of the planning director, neither section is more restrictive, the planning director shall determine how to apply the code. (Ord. 3774-20 § 5(B) (Exh. 3), 2020.)
19.02.060 Land use.
A. No building, structure or property shall hereafter be used and no building or part thereof shall be built, enlarged, demolished or moved except in conformity with the provisions of this title for the zone in which it is located. When the requirements of this title, as applied to a specific property, use or building are unclear, the planning director is hereby authorized to interpret how the requirements of this title shall apply.
B. No lot, yard, off-street parking or loading area, or other open space shall hereafter be reduced below the minimum requirements of this title. No existing lot, yard, off-street parking or loading area or other open space less than the minimum required by this title shall be further reduced unless specifically authorized by an approval granted under one of the review processes described in this title.
C. Specific vs General. Wherever a use is both specifically listed and generally implied in the use table, the more specific regulations shall supersede the general regulations.
D. Listed vs Unlisted Uses. See EMC 19.05.070. (Ord. 3774-20 § 5(B) (Exh. 3), 2020.)
19.02.070 Design review.
The planning director may engage the services of a licensed architect, or other licensed design professional when the director deems it appropriate and in the public interest, to provide recommendations in connection with the review of any project that:
A. Is subject to any design standard or guideline established in this title; or
B. Involves discretionary design-related decisions, such as a modification of design standards, authorized in this title. Recommendations of the architect or design professional shall be advisory only, and shall not otherwise limit the director’s authority to require changes in any project design to meet the design requirements of this title or the director’s discretion to approve or deny requested modifications or apply discretionary design criteria. (Ord. 3774-20 § 5(B) (Exh. 3), 2020.)
19.02.100 Repeal of contract rezones.
The ordinances and resolutions in Table 2-1, which are either contract or concomitant rezones or development agreements, are hereby repealed. Ordinances to be repealed are identified as “ORD” and resolutions to be repealed are identified as “RES.”
Table 2-1: Ordinances and Resolutions to Be Repealed
(Ord. 3774-20 § 5(B) (Exh. 3), 2020.)