2. Adult use businesses—see Chapter 19.13 EMC;

3. Parking—see Chapter 19.34 EMC;

4. Landscaping—see Chapter 19.35 EMC;

5. Signs—see Chapter 19.36 EMC;

6. Uses within shoreline jurisdiction—see shoreline master program. (Ord. 4102-25 § 1 (Exh. 1), 2025; Ord. 3774-20 § 5(T) (Exh. 3), 2020.)

1. A nonconforming use shall be considered discontinued if it meets any of the following criteria:

2. For the purpose of this section a nonconforming residential use shall not be considered discontinued if the unit or units are vacant, provided the property is maintained consistent with the adopted provisions of the International Property Maintenance Code and with EMC 8.20.020, Nuisances—Residential property and nonresidential property. However, when a nonconforming residential use has been changed to a permitted use, the residential use shall not be reestablished.

3. Voluntary Demolition. Where a property owner undertakes voluntary demolition and replacement, the nonconforming use shall not be established in the new structure.

1. The intensity of the use shall not be increased. As a guide, the city shall consider traffic generation, parking, potential nuisance generation (noise, light/glare, smoke, dust, etc.), changes to products or services rendered and type of equipment used.

2. The planning director shall have the authority to require supporting studies, plans, or additional information to evaluate the proposed change of nonconforming use.

3. Conditions may be applied to limit the proposed impacts of the use on the surrounding properties and the city as a whole.

4. Adaptive reuse of nonresidential buildings shall be permitted in accordance with EMC 19.05.120 (Table 5-5—Miscellaneous Use Table) and standards in EMC 19.05.035.

1. For a residential use, the expansion shall not result in an increase in the number of dwelling units further above the maximum allowed by this title;

2. The expansion shall not result in a decrease in the number of off-street parking spaces further below the minimum required by this title;

3. The impact of traffic generated by the proposed use on the surrounding area, pedestrian circulation and public safety, and the proposal’s ability to mitigate potential impacts;

4. The site has sufficient area to provide for off-street parking, landscaping and screening from adjacent uses;

5. The adequacy of streets, utilities and public services to accommodate the proposed use;

6. Compatibility of the proposed use or building to surrounding properties, especially as it relates to size, height, location and setback of buildings;

7. The number, size and location of signs and lighting, especially as they relate to more sensitive land uses;

8. The landscaping, buffering and screening of parking, loading and storage areas;

9. The generation of nuisance irritants such as noise, smoke, odor, glare, visual blight or other undesirable environmental impacts;

10. Hours of operation and potential impacts on adjacent properties.

1. If a structure housing a nonconforming use is destroyed to any extent by fire or other casualty not intentionally caused by the owner, the structure may be rebuilt and the use may be reestablished if the following requirements are met:

2. Exception. A nonresidential nonconforming use located in a residential zone which is damaged beyond fifty percent of its appraised value, as determined by the building official, shall lose its nonconforming status and shall not be rebuilt. (Ord. 3774-20 § 5(T) (Exh. 3), 2020.)

1. Additions, maintenance or repair to a nonconforming structure which does not increase the nonconformity shall be permitted; provided the addition, maintenance or repair complies with building and Unified Development Code requirements.

2. A nonconforming structure which does not meet required setbacks or height may be expanded along the nonconforming setbacks or to the existing nonconforming height if approved by the planning director; provided the following criteria are met:

c. The expansion complies with all other requirements of this chapter, and the nonconformity has been certified by the planning department.

1. If a nonconforming structure is destroyed or damaged to any extent by fire or other casualty not intentionally caused by the owner, the structure may be rebuilt if the following requirements are met:

2. If a nonconforming structure which has no permanent foundation is destroyed and the foundation’s location cannot be verified by the planning department, then any new construction shall comply with the requirements of this title.

1. A detached dwelling unit which is nonconforming in setbacks, height or lot coverage may be voluntarily removed or demolished and replaced by a new detached dwelling unit which has the same nonconforming setbacks, height or lot coverage as the prior nonconforming dwelling, provided;

2. A detached accessory structure which is accessory to a detached dwelling unit that has nonconforming setbacks may be demolished and a new accessory structure may be built in the same location; provided:

3. A detached accessory structure that has nonconforming setbacks may be demolished and a dwelling unit may be built in the same location; provided:

1. A lot created via the subdivision process of Chapter 58.17 RCW;

2. A lot which was created prior to December 1, 1956;

3. Any lot which met minimum lot area requirements under the regulations or standards of Snohomish County prior to annexation or incorporation into the city of Everett; and

4. A lot reduced below minimum zoning requirements as a result of public acquisition of property.

1. All such lots shall meet the definition of “nonconforming lot” as defined in this title and shall not have been merged or otherwise created illegally.

2. Commercial or industrial lots which have been created through the binding site plan process are exempt from this section.

3. The use complies with all other requirements of this title.

1. If two or more substandard lots or a combination of lots or substandard lots and portion(s) of lots and substandard lots are contiguous and were acquired by common conveyance prior to the above dates, or which have been legally combined at any time subsequent to the above dates, and if all or part of the lots do not meet the requirements established for minimum lot area and width, the lands involved shall be merged and considered to be a single undivided lot. No portion of the lot shall be used, altered or sold in a manner which diminishes compliance with lot area and width requirements, nor shall any division of any such lot be made which creates a lot with area or width below the requirements permitted by this chapter.

2. If two or more substandard lots or a combination of lots or substandard lots and portions of lots or substandard lots are contiguous and a structure is constructed on or across the lot line(s) which make the lots contiguous, then the lands involved shall be merged and considered to be a single undivided lot. No portion of said lot shall be used, altered or sold in any manner which diminishes compliance with lot area or width requirements, nor shall any division be made which creates a lot with area or width below the requirements permitted by this title.

1. Development of a nonconforming use requires certification that the use was legally established based on the zoning and development codes at the time the use was established, and that the use was not discontinued except as allowed by this chapter.

2. Development of a nonconforming building requires certification that the structure was legally established based on the zoning and development codes at the time the building was established; provided, however, that replacement of roofs, interior remodels, replacement of siding, window replacement or normal repair and maintenance does not require certification.

1. Substandard lots, as provided by EMC 19.38.040, must be certified as nonconforming prior to the issuance of a permit for a principal building. In order to be certified as a legal lot for building purposes, the applicant shall provide sufficient information to verify that the lot was legally created and that all applicable city Unified Development Code requirements in effect at the time the lot was created were met, or that the lot was created prior to annexation to the city and met the minimum zoning or Unified Development code requirements of Snohomish County at the time the lot was established.

2. Certification as a nonconforming lot shall not be construed as a representation or guarantee that the city can issue a building permit for the subject property. All applicable city regulations pertaining to the issuance of building permits must also be met in order for a building permit to be issued on a nonconforming lot certified under this section.

3. Exception to Lot Certification Requirement.