Rethink Zoning Ordinance

City Council Agenda Item Cover Sheet
Project title: Amendment of Everett Municipal Code for Rethink Zoning
Council Bill # interoffice use Project: Amendment of Titles 2, 13, 15, 18, 19 and 20 for Rethink Zoning
CB 2009-52
Partner/Supplier : n/a
Agenda dates requested: Location: City-wide
11/4 Preceding action: Numerous prior actions
Briefing Fund: n/a
Proposed action
Consent
Action Fiscal summary statement:
Ordinance X n/a
Public hearing
Project summary statement:
X Yes X No
Rethink Zoning is a multi-year initiative to update and simplify the City’s zoning code. The current
Budget amendment: version of the City’s zoning code was adopted in 1989. For the past thirty years, the City has
Yes X No added to its development regulations without careful consideration of duplication and conflict
with other code provisions.
PowerPoint presentation:
Yes No The ordinance proposed creates a “Unified Development Code” which includes zoning, land
divisions and environmental policy all in one title. The ordinance also amends related chapters
Attachments: tied to the Historical Commission, Street Construction and Local Project Review Procedures.
Memo (10-27) The draft plan and code amendments would consolidate multifamily, commercial, industrial and
Memo (10-22) overlay zones from 43 zoning districts and zoning overlays down to 20. Many provisions of
Ordinance with Exhibits existing code would be consolidated, including building heights, building form and design, and
Response to Public residential standards. The Local Project Review procedures have been rewritten to be easier to
Comments (10-15) read, and some notice and decision-making is proposed for change. Additional exemptions from
State Environmental Policy Act (SEPA) review for infill development, authorized by the State
Department(s) involved: Legislature, have been added. The ordinance includes repeal of 51 existing chapters of the
Planning Everett Municipal Code, amendment of 5 chapters, and the addition of 31 new chapters being
Public Works considered.
Legal
More information on Rethink Zoning can be found at www.everettwa.gov/rethink and the
Contact person: following:
David Stalheim, Interim • Summary and highlights of proposal
Planning Director (https://everettwa.gov/DocumentCenter/View/25604)
• Summary of code chapters (https://everettwa.gov/DocumentCenter/View/26234/)
Phone number:
• Public Comment Tracker (https://everettwa.gov/2510/How-to-Get-Involved)
425-257-8731
• Response to public comments (https://everettwa.gov/DocumentCenter/View/25953/)
Email: • Response to procedure changes (public notice, decision-making and SEPA)
Initialed by:
[email protected] (https://everettwa.gov/DocumentCenter/View/25952/)
• Land Use Map Change Report (https://everettwa.gov/DocumentCenter/View/25947/)
Department head • Rethink Zoning Maps (https://everettwa.gov/2509/Maps)
DS • State Environmental Policy Act Addendum
(https://everettwa.gov/DocumentCenter/View/25770/)
Administration
Recommendation (exact action requested of Council):

Council President
Adopt ordinance amending Title 2 (Chapter 2.96, Historical Commission), Title 13 (Chapter 13.68,
Street Construction and Private Construction), Title 15 (Local Project Review Procedures), Title 18
(Land Division), Title 19 (Zoning) and Title 20 (Chapter 20.04, Environmental Policy)
TO: Everett City Council
FROM: David Stalheim, Interim Planning Director
DATE: October 27, 2020
RE: Rethink Zoning Amendments
Please find attached a compilation of amendments to the Rethink Zoning

Ordinance (CB 2009-52). These amendments include:
• Staff requested corrections from October 15, 2020 memo
• Councilmember Roberts amendments (shorelines and private streets)
shown in our memo of October 22, 2020
• Councilmember Bader’s amendments regarding sidewalk priority areas
near major arterials
We would request that your motion include the amendments as attached.
You can reach me at 425-257-8736, by email at [email protected] or a

meeting through Teams.
C: Cassie Franklin, Mayor

Nick Harper, Deputy Mayor
Attachments:
• Amendments to Rethink Zoning Ordinance
Planning
2930 Wetmore Ave, Ste.

8A
Everett, WA 98201
425.257.8731
425.257.8742 fax
[email protected]
everettwa.gov
Summary of Amendments to Rethink Zoning Ordinance (CB 2009-52)
Chapter -
Section Issue Amendment Requested
Existing references to Zoning Code were not changed Any reference to Zoning Code should be
Multiple
throughout all chapters changed to Unified Development Code
Councilmember Bader requested that sidewalk Amend 13.68.020.C and Map 13.68-1 to
13.68.020 priority areas include those areas within ¼ mile of add those areas within ¼ mile of major
major arterials, such as Broadway south of 41st arterials to the sidewalk priority areas
1. Amend 15.02.070.B.8 to remove
shoreline permits with one acre or more
Councilmember Roberts requested that major from REV II decisions
15.02.070 &
shoreline permit applications are reviewed by Hearing 2. Amend 15.02.080.B.1 to add shoreline
15.02.080
Examiner permits with one acre or more to REV III
decisions
The 2020 Legislature amended the definition of “adult

family home” to allow up to 8 adults with approval Amends the definition of adult family
19.04.050 from the state. Under state law, an adult family home home to be consistent with RCW
must be a permitted use in all areas zoned for 70.128.010(1)
residential or commercial purposes.
In Multifamily and Commercial zones, there are
Table 5-1 in Ch. 19.05.080 amended to
minimum number of residential units that are
create a revised special regulation #5
required by 19.06.100. You can achieve that minimum
19.05.080 that says a 1-unit or 2-unit dwelling is
with a variety of housing types, such as a 1-unit and 2-
allowed if meeting the minimum density
unit on a lot to meet the 3-unit minimum. The table
requirements of EMC 19.06.100.
made it look like that housing type is not allowed
Table 5-1 in Ch. 19.05.080 incorrectly refers to short- Table 5-1 in Ch. 19.05.080 amended to
19.05.080 term rental standards in Ch. 19.13 (they moved to Ch. change special regulation from 19.13.150
19.08) to 19.08.150
Temporary shelters
Table 5-1 in Ch. 19.05.080
1. Temporary shelters are allowed by state law if
1. Special regulation #9, applicable to
owned or controlled by a religious organization.
religious organizations, removed from
Special regulations were not clear on how they would
zones where the use is permitted as it is
19.05.080 be reviewed in multifamily and commercial zones
not applicable.
(higher level of review).
2. Table updated to not allow shelters in
2. Changes to the table were inadvertently missed for
Industrial and AG zones, consistent with
shelters that accommodate over 12 persons in
current zoning.
Industrial and AG zones.
Warehouse and distribution is allowed in the Urban
Added as an Administrative Use in Table
Mixed Zone as an Administrative Use in Metro Everett,
5-3 in Ch. 19.05.100 with the same
19.05.100 except prohibited on the ground floor of TOD or
ground floor limitation on TOD or
Pedestrian Streets. This use was inadvertently left out
Pedestrian streets.
of the Use Table in Rethink.
The new zoning designation of Business (“B”) includes
Amend Table 6-2 in 19.06.020 to
areas previously zoned as B-2, C-1 and E-1. These
eliminate setback requirements unless
zones did not have street side or interior side
abutting lots in residential zones, in
19.06.020 setbacks, with few exceptions. Table 6-2 in the draft
which case a 10’ interior side setback
19.06.020 set 10’ street side setbacks and 5’ interior
would still be required consistent with
side setbacks. These increased setbacks are not
current standards.
necessary.
This section includes exceptions to building or Added subsection (E) to 19.06.030 to
19.06.030
structure placement (setbacks). A different section reference in 19.06.090.A.
Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

Chapter -
Section Issue Amendment Requested
(19.06.090.A) includes exceptions for 1- and 2-unit
dwellings on lots without frontage on a public street.
The exceptions should be consolidated for ease of
reference.
Added a section in 19.09.050.B to call out
The definition of what is outdoor and common area is the definitions and added definitions
19.09.050
not easily found in this section. from 19.04.030 to make the section
easier to implement.
The street classification for Uses and Design was first
established for Metro Everett. In Metro, all the
undesignated streets were not zoned for commercial Modify Table 12-4 in 19.12.100 to make
or industrial purposes. Now, there are industrial and the Undesignated Street standards for
19.12.100 commercial properties that will have a street Structured Parking applicable in Metro
classification of Undesignated, which limits the length Everett only. (The same amendment
of structured parking to 100 feet. This could impact needs to be done in Ch. 19.33.)
parking garages for commercial, industrial and public
(e.g. light rail) uses.
Amended to reflect council action
If Council amends the retail marijuana standards, this
increasing the number of retail stores
19.13.160 section needs to be updated to be consistent with that
from five to eight and requiring a medical
decision.
endorsement
There are several chapters within the body of the
Added references to the primary code
Unified Development Code that must be applied to
sections that should be reviewed,
19.25.040 review a proposed division of land. The code provides
including 19.06, 19.26, 19.27, 19.30,
those references, but it may be easy for staff or the
19.33, 19.34 and 19.35.
public to miss the requirements.
Amend 19.26.050:
• Table 26-1, add footnote 3 to Private
Access Drive C to not allow private
drives for 10 or more lots unless
through a Unit Lot Subdivision
Councilmember Roberts had questions regarding • Amend Subsection B to require a
private streets in land divisions. Further review of this public street for any land division that
19.26.050
section identified some amendments that are creates ten or more lots except
recommended. through a Unit Lot Subdivision
• Amend Subsection C regarding
installation of new public streets or
improvements of an existing street.
• Add Subsection D to set street
standards for non-residential zones.
Table 33-1 in 19.33.020 and Table 33-2 in
There are conflicting sidewalk standards in Table 33-1
19.33.020 - 19.33.030 are amended to be consistent
and 33-2 for streets designated as TOD, Connector or
.030 with each other, plus consistent with city
Undesignated.
engineer and Metro Everett standards.
The section title refers to barbed wire, razor wire and Change title of section to include chain
other similar fence materials. Chain link and electric link and electric. Also, separated chain
19.40.020 fences are also included in the standards of this link prohibition in MU, UR4 and HO zones
section, both of which could be easily missed looking into a separate line to ensure it is not
at section headings alone. missed.

Chapter 13.68 Street Construction and Private Construction
13.68.020 Purpose and Applicability.
C. Sidewalk improvement required for all residential development within sidewalk priority areas. This
requirement supersedes the development threshold in subsection B of this section. All development resulting in
the construction of one or more new residential dwelling units, excluding accessory dwellings, shall provide a
sidewalk or safe walking path meeting city standards along the property’s full frontage when located in the
“sidewalk priority” area shown on Map 13.68-1. The sidewalk priority area includes the following locations:
1. Metro Everett, as defined in Title 19;
2. Areas within one-quarter mile of a high frequency transit corridor;
3. Areas within one-quarter mile of major arterials; and
3.4. Areas within one quarter mile of a public school or public park.
Map 13.68- 1: Sidewalk Priority Areas

Chapter 15.02 Land Use and Project Review Procedures
15.02.070 Review Process II: Planning director Review.
B. REV II decisions included
8. Shorelines. The following shoreline permit applications are included as REV II decisions:
a. The development has one acre or more of the project footprint within shoreline jurisdiction and does
not require a shoreline variance or shoreline conditional use permit;
b.a. The development will include new construction or additions to buildings within 200 feet of the
ordinary high water mark which are in excess of 35 feet in height; or
c.b. The development will include the construction of docks or other in-water facilities, including fill,
which could interfere with the public’s use of shorelines of the state.
15.02.080 Review Process III: Hearing examiner Review.

There are two types of REV III review processes:
1. REV IIIA. These are actions for which the hearing examiner issues a final decision on the application after
an open public hearing.
d. Shorelines. The following shoreline permit applications are included as REV IIIA decisions:
i. Shoreline variance applications;
ii. Shoreline conditional use applications;
iii. See subsection B.1.a.ii above regarding additional heights in industrial zones along marine
shorelines;
iii.iv. Shoreline development with one acre or more of the project footprint within shoreline
jurisdiction.
Chapter 19.04 Definitions

19.04.050 Use Definitions, Residential.
This section defines Uses set forth in Table 5-1 in EMC 19.05.080.
“Adult family home” has the same meaning as RCW 70.128.010, which means a residential home in which a
person or persons provide personal care, special care, room, and board to more than one but not more than six
adults who are not related by blood or marriage to the person or persons providing the services. An adult family
home may provide services to up to eight adults upon approval from the department under RCW 70.128.066.
twenty-four-hours-per-day residential care is provided for up to four adults by an owner or tenant of the home in
which care is provided plus the family of the provider. Under certain circumstances, up to six adults may be
accommodated, in accordance with the regulations of the Washington State Department of Social and Health
Services.

Chapter 19.05 Uses
19.05.080 Table 5-1 (Residential Use Table).
R- LI1
USE R-S R-1 R-2 2A UR3 UR4 NB B MU LI2 HI AG SPECIAL REGULATIONS
See 19.08.100 Accessory
Dwelling Units
5 Allowed if meeting the
minimum density
Dwelling unit,
P P P P P P5 P P P P requirements set forth in EMC
accessory
19.06.100.If attached to a
single-family (1-unit) dwelling,
allowed only on property
within a historic overlay zone.
2 Allowed only on property
P2 P2 5 Allowed if meeting the
Dwelling, 1-unit P P P P P5 P5 P5 P
5 5 minimum density
requirements set forth in EMC
19.06.100.
See 19.08.030-.040
Townhouse and Duplex
Standards in single-family
zones and 19.09 for all other
zones.
2 Allowed only on property
3 See EMC 19.08 for
P2 limitations on 2-unit dwellings
Dwelling, 2-units C4 P3 P3 P P P5 P5 P5 P
5 in the R-1 and R-2 zones.
4 Allowed only through the
unit lot process for
subdividing, as provided by
EMC 19.27.
5 Allowed if meeting the
minimum density
requirements set forth in EMC
19.06.100.

R- LI1
See EMC 19.08.200
8 TOD or Pedestrian Streets:
Prohibited use on the ground
floor.
9 Pursuant to RCW 35.21.915, a
religious organization may host

the homeless on property owned
or controlled by the religious
Group housing, organization whether within
Temporary buildings located on the property
Shelter 9 9 9 9 C9 C9 C9 C8 9 C9 89
9 10 A
9 or elsewhere on the property
– shelters which 10 10 10 10 10 10 10 outside of buildings, subject to

the conditions set forth in EMC
accommodate 12
19.08.200 and an Administrative
or fewer persons Use Permit (REV II).
10
Buildings which provide
shelter for persons
experiencing domestic
violence are allowed as a
Permitted Use without a
requirement for notice to
adjacent property owners.
See EMC 19.08.200
8 TOD or Pedestrian Streets:
Prohibited use on the ground

floor.
9
Pursuant to RCW
Group housing, 35.21.915, a religious
Temporary organization may host the
Shelter homeless on property owned
9 9 9 9 A8 A8 or controlled by the religious
– shelters which C9 C9 C9 9 A9 9 A 9 C9
accommodate organization whether within
more than 12 buildings located on the
persons property or elsewhere on the
property outside of buildings,
subject to the conditions set
forth in EMC 19.08.200 and
an Administrative Use Permit
(REV II).
See EMC 19.1308.150 for
Short-term rentals P P P P P P P P P P short-term rental
requirements
5
Allowed if meeting the minimum density requirements set forth in EMC 19.06.100.If attached to a single-family
(1-unit) dwelling, allowed only on property within a historic overlay zone.

19.05.100 Table 5-3 (Industrial Use Table).
R- LI1
Warehouse or 3
TOD or Pedestrian
distribution A 3
P
3
P Streets: Prohibited use on the
centers ground floor.
Chapter 19.06 Lots, Setbacks and Residential Densities

19.06.020 Building Setbacks/Building Placement Standards.
Table 6- 2: Minimum Building Setbacks for Principal Structures
ZONE R-S R-1 R-2 R-2(A) UR3 UR4 NB B MU LI1 LI2 HI AG

Minimum
Setback:
Front 20′ 20’ 20′ 20’ 20′ 10′ None None None None 20′ None 25′
Rear (with None

20′ 20’ 20′ 20’ 20′ None None None None None 10′(1) 25′
alley) (1)
None None
Rear (no alley) 20’ 20’ 20’ 20’ 20’ 10’(3) 10’ (2) (2) None(2) 15’(1) 10’(1)
Side, Street 10′ 10’ 10′ 10’ 10′ 10′ 10′ 10′ None None 20′ None 10′
None
Side, Interior 5′ 5’ 5′ 5’ 5′ 5′ 5’ 5’ (2) None None 15’(1) (1) 10′
19.06.030 Exceptions to Building or Structure Placement Requirements.
E. See EMC 19.06.090.A for building setback modifications for single-family and two-family (duplex) uses on lots
without frontage on a public street.
Chapter 19.09 Multifamily Development Standards

19.09.050 Required outdoor and common areas.
B. Outdoor and common area requirements
2. Definitions or terms used in this section: Outdoor and common area is required in the amounts stated
below.
“Outdoor area” may be provided as private open space, such as a patio or balcony, or may be provided as
common open space, such as outdoor courtyards and outdoor play area.
“Common area” may include common open space, indoor recreational facilities, indoor community rooms
or other community gathering places.

“Common open space” has the same meaning as set forth in EMC 19.04.030: “private open space
provided within a development which is provided for, and which is permanently accessible to, all
residents/tenants of the development.”
“Open space” has the same meaning as set forth in EMC 19.04.030: “land area not covered by buildings,
roads, driveway and parking areas, or outdoor storage areas, including, but not limited to, landscape
areas, gardens, woodlands, walkways, courtyards or lawns, and outdoor recreation areas. Except as
otherwise provided by this title, open space includes setback areas that meet the requirements defined in
this title.”
“Private open space” has the same meaning as set forth in EMC 19.04.030: “a small parcel of land or
outside area (deck, lanai, patio) immediately adjacent to an individual dwelling unit maintained by and for
its residents and reserved exclusively for their use.”
3. Outdoor and common area is required in the amounts stated below. Outdoor and common area
requirements, as set forth below, are based on unit size:
Chapter 19.12 Building Form and Design Standards

19.12.100 Design Standards and Street Designations.
Table 12- 1: Structured Parking, Weather Protection, Transparency, Sidewalk Requirements and Building Height by Street
Designation
STREET TYPE DESIGNATION (see Map 33-1)
RESIDENTIAL
Standard: TOD PEDESTRIAN CONNECTOR MIXED USE UNDESIGNATED
Structured Parking See 19.12.120. Standards below are maximum distance a parking structure at the
Frontage Standards ground floor may occupy on various street designations.
Structured parking 10% of front 25% of front 50% of front
integrated with other 50% of front 50% of front
building building building
building (accessory building façade building facade(3)
facade facade facade
use)
Stand-alone parking
structure (principal 25 feet 25 feet 50 feet 75 feet 100 feet(3)
use)
(3)
Applicable only within Metro Everett.
Chapter 19.13 Specific Use Standards

19.13.160 Marijuana.
C. Retailers
13. The maximum number of retail marijuana stores allowed in the city of Everett shall not exceed fiveeight.
Any retail marijuana store hereafter established shall be certified as a medical marijuana provider by the
Washington State Liquor and Cannabis Board.
Chapter 19.25 Land Division General Evaluation Criteria

19.25.040 Evaluation criteria—Subdivision, short subdivision, unit lot land division, alteration or vacation.
D. Unified Development Code. The proposed project and design shall meet the requirements of the Everett
Unified Development Code, including but not limited to the following:

1. Chapter 19.06, Lots, Setbacks and Residential Densities;
2. Chapter 19.26, Land Division Development Standards or Chapter 19.27, Unit Lot Land Divisions;
3. Chapter 19.30, Flood Damage Prevention
4. Chapter 19.33, Streets, Sidewalks and Pedestrian Circulation;
5. Chapter 19.34, Parking, Loading and Access Requirements;
6. Chapter 19.35, Landscaping;
Chapter 19.26 Land Division Development Standards

19.26.050 Vehicle access requirements for residential development.
Potential
Number of Access Road Classification per DCSS
Type of Access Length of Access Road
Dwelling Units 300 Series Standard Drawings
Served(1)
Private Drive Standard C (26’ fire
10 or more
Private Access Drive C More than 150’ lane)
dwelling units(3)
-walkway required-
Footnotes:
(3)
Private access drive is not allowed for any land division which creates ten (10) or more lots, except if
approved through the Unit Lot Subdivision process set forth in EMC 19.27.
B. Development Standards for Private Access Drives.

1. Where permitted. Private access drives are allowed to provide access to dwellings and off-street parking
areas within any land division authorized under chapters 19.24 - 19.27 and this title, provided, however
that any land division which creates ten (10) or more lots not authorized by EMC 19.27 is required to
provide a public street as set forth in subsection (C) below. Under certain circumstances, the city may
require installation of a public street, rather than a private access drive (see Section 26.050.C). As an
alternative to the private access drive, the applicant may provide a public street meeting the city design
and construction standards, subject to approval by the city engineer.
C. Public Streets.
These standards are applicable to all land divisions that extend an existing public street or install a new public
street.
1. When required. The Installation city may require installation of a new public street or improvements of an
existing street is required for all land divisions except for Boundary Line Adjustments or as allowed under
EMC 19.26.050.A, or if the applicant can demonstrate to when the city engineer determines that none
any of the following applies:
The improvement of a public street is necessary to facilitate adequate supply of sewer and utilities;
The improvement of a public street is necessary to provide on-street parking;
The improvement of a public street is necessary to provide access to potential additional lots or
future developable area;
The improvement of a public street is necessary to provide a through connection to existing or
potential future development that is currently, or will be accessed by a public street; and
The improvement of a public street is necessary to protect the public health, safety and welfare of
the residents and general public.
D. Development Standards for Non-Residential Zones.
Street standards applicable to commercial, industrial and other non-residential zones shall follow EMC 16.68 and
the city’s Design and Construction Standards and Specifications (DCSS).

Chapter 19.33 Streets, Sidewalks and Pedestrian Circulation
19.33.020 Street Designations.
Table 33- 1: - Structured Parking, Weather Protection, Transparency, Sidewalk Requirements and Building Height by Street Type
RESIDENTIAL
building (accessory building façade building facade(3)
use)
Stand-alone parking
structure (principal 25 feet 25 feet 50 feet 75 feet 100 feet(3)
use)
Sidewalk Standards See 19.33.030
2’ min 2’ minimum
Frontage Zone Width None None None
6’ desirable 6’ desirable
8’ minimum per city
Ped Clear Zone Width 8’ minimum 6’ min. per city engineer
10’ desirable engineer
Landscape/Furniture 6’ minimum
6’ minimum 6’ min. 4’ min. per city engineer
Zone Width 8’desirable
per city
Total Min. Width 16’ min. 16’ min. 12’ min. 10’ min.
engineer6’ min.
Table 33-1 Footnotes:
(3)
Applicable only within Metro Everett.
19.33.030 Public sidewalk requirements.

Table 33- 2: Public Sidewalk Widths by Street Designation
FRONTAGE
ZONE
MINIMUM PEDESTRIAN CLEAR ZONE LANDSCAPE/FURNITURE TOTAL MIN.
STREET TYPE WIDTH MINIMUM WIDTH ZONE MINIMUM WIDTH WIDTH
64' – 8’
TOD 2' – 6’ 8' – 10’ 16' min
8' desirable

FRONTAGE
ZONE
Pedestrian 2' – 6’ 8' minimum 6' minimum 16' min
Connector 2’None 6' minimum 64' minimum 12' min
Residential Mixed-Use None Per city engineer 4' minimum 10' min
Undesignated None Per city engineer Per city engineer 6' min
See public sidewalk treatment requirements below for specific street designations
Chapter 19.40 Fences

19.40.020 Barbed Wire, Razor Wire, Chain Link, Electric and Other Similar Fence Materials.
Barbed wire, razor wire and other such materials are not permitted in any residential zone except for security
facilities around utility or communications facilities, or government facilities. In commercial and industrial zones,
these fencing materials are permitted only atop a fence or wall at least six feet in height. For property located
within a commercial or industrial zone, these materials are not permitted on any fence located within 10 feet of a
residentially zoned property.
Wire – excluding chain link, corrugated, non-decorative sheet metal, or other similar type fencing are prohibited
along a street fronting lot line in all zones.
Chain link fences are prohibited in the MU and UR4 zones, and in the Historic Overlays.
Electric Fences. Electric fences may be installed and maintained in the AG zone for the purpose of controlling
permitted livestock; provided, that no such fence shall border any public right-of-way or constitute a lot line fence.
Electric fences are permitted in commercial and industrial zones using the review process described in EMC Title
15.02, provided such fence shall be installed interior to a nonelectric perimeter barrier not less than six feet in
height.

TO: Everett City Council
FROM: David Stalheim, Interim Planning Director
DATE: October 22, 2020
RE: Rethink Zoning
Response to Councilmember Roberts
Thank you to Councilmember Roberts for the comments, questions and

suggestions in the October 19, 2020 memo. Following this memo,
Councilmember Roberts, Deputy Mayor Harper and myself met to review this
memo and our response.
Our recommendations regarding the need for process and procedure

improvements were done after extensive deliberation. Our planning staff has
been reduced by five (5) FTEs in the past five years. Our administrative staff has
been reduced by more than 50%. Our permitting staff are experiencing 2-5
months in the review of land use projects.
Our objective as your planning staff is to ensure professional staff have

adequate time for review of complex development and long range planning
challenges. We need help in the development codes to make some process
improvements in order to meet that objective.
We support the need for transparency in land use actions. Toward that end, we
have made many improvements over the past couple of years, including access
to online permit applications, online maps and access to public records.
In our meeting with Councilmember Roberts, we demonstrated an enhanced

online mapping for land use actions that will be deployed by the end of this
year. This system will enable anyone to see active and completed land use
projects, with links to the application and staff contacts. I would encourage any
council member with interest to contact me and I will provide a demonstration
of this new platform that will improve transparency in land use actions in the
city.
You can reach me at 425-257-8736, by email at [email protected] or a

Planning meeting through Teams.
2930 Wetmore Ave, Ste. C: Cassie Franklin, Mayor

8A
Nick Harper, Deputy Mayor
Everett, WA 98201
425.257.8731 Attachments:
425.257.8742 fax • Response to Councilmember Roberts October 19th memo
[email protected]
everettwa.gov
The following is a response to Councilmember Roberts input. The sections paraphrase CM Roberts.
1. Single family standards including height
CM Roberts: These should be clarified or removed from this ordinance and included in Rethink Zoning
2.0. Examples include:
• 19.22.100 Modification of Building Heights - measurements in or adjacent to residential zones

• 19.06.080 Land Divisions - Exception to Minimum Lot Area, Width, Depth, Frontage and Lot
Coverage Standards - Section 19.06.080 B.
• 19.06.110 Density and Lot Size - Attached Housing in Single-Family Zones - with revisions
• Definitions of Housing Types Elimination of Definition of Single-Family dwelling and revised
definition of Multiple Family dwelling
• Merger clause
RESPONSE:
• 19.12.100 Building heights – Any modification request would require three things: 1) public
notice (posting site and mailing to adjacent property owners); 2) a view analysis (see
19.22.100.B); and 3) must meet the modification criteria set forth in EMC 15.03.060. The
alternative would require a variance, which would require public hearings, additional costs and
longer permit processing. The proposed standards provide adequate protective measures in
staff’s opinion.
• 19.06.080 and .110 The new code consolidates cluster subdivision and unit lot subdivisions into
one section. Repealing this section could be problematic if the city continues to want to
encourage cluster subdivisions for situations where we are working to protect critical areas and
their buffers, or for other housing types such as co-housing or cottage housing. This section
provides that flexibility but requires four things: 1) public notice (posting site and mailing to
adjacent property owners Ch. 15.02.070.B); 2) meeting the evaluation criteria for modification
of development standards (19.06.080.B.2); 3) meeting the ULS standards in Ch. 19.27; and 4)
meeting the ULS evaluation criteria in Ch. 19.25.
• Definitions - The definitions are integral to the organization of the UDC. Any development that is
not multifamily (5+ units) or in a multifamily zone follows standards in Ch. 19.08. MF
development, including townhouses of less than 5 units, follows standards in Ch. 19.09.
• Merger clause – there are no changes in merger clause from current standards. The changes
were removed from the planning commission recommendation. This is a future Rethink 2.0
discussion tied to infill in single-family neighborhoods.
2. Shorelines
CM Roberts: The Hearing Examiner (HE) should continue to be the decision maker for larger shoreline
permits.
RESPONSE:
• Generally, we believe that the planning director can be fair in the application of the same
standards and criteria as the hearing examiner. However, we understand CM Roberts concerns
and offer the language below as an amendment to move these shoreline permits back to the
hearing examiner, consistent with current procedures.
Page 2 of 5
B. REV II decisions included
The following permit applications are included as REV II decisions:
b.a. The development will include new construction or additions to buildings within 200 feet of the
c.b. The development will include the construction of docks or other in-water facilities, including fill,

B. REV IIIA and REV IIIB decisions included
a. d. Shorelines. The following shoreline permit applications are included as REV IIIA decisions:
shorelines;
iii.iv. Shoreline development with one acre or more of the project footprint within shoreline
jurisdiction.
3. Provide Public Notice when development standards are modified

CM Roberts: The proposed ordinance should be changed to require public notice when development
standards are modified including: Sec. 15.03.060 A & B, Sec. 19.12.100, and Sec. 19.12.300 utilizing
review process II. Proposed modifications to these provisions should be included in Rethink Zoning 2.0.
RESPONSE:
• In writing the code, staff is trying to find the proper balance between staffing reductions and
public transparency. Most modifications where the public would be most concerned with do
require public notice, such as changes in building heights or changes in ADU design standards.
Any modification request, even without public notice, must meet the criteria in Ch. 15.03.060
that demonstrates the request does not create an impact or nuisance and the result is
development that is equivalent or superior.
• As I showed in our meeting, staff is preparing to launch an online map that will allow the public
to see all land use applications that are pending or have been approved. We will also create an
electronic notification system to let people know about pending land use applications, even
where notice to adjacent property owners and posting of the site is not required by ordinance.
This provides the transparency for all land use actions.
4. Public notice and SEPA
Page 3 of 5
CM Roberts: SEPA and public notification requirements should not be eliminated or significantly reduced
in this ordinance. The ordinance draft should be revised, restoring the public notice provisions under
SEPA. There likely are circumstances where SEPA thresholds should be increased (meaning projects
exempted from procedural SEPA compliance where they meet City regulatory requirements).
RESPONSE:
• There are no changes in public notice provisions for SEPA. What is proposed is to allow for
additional exemptions from SEPA as allowed by state law for infill development. Those changes
are limited to those areas where we want and anticipate development, including the UR4 zone
and the Mixed Urban zone. These exemptions from SEPA provide the incentives for
development where we have frequent transit and helps achieve our Climate Action Strategy
goals for infill development.
5. Private streets
CM Roberts: The issue of private streets, construction standards, street maintenance, and assurance
mechanisms for private streets should be examined in a Rethink Zoning 2.0 proposal. Private streets are
often built to lessor, cheaper standards than public streets. They deteriorate more rapidly and cost more
to maintain. If there are systems in place to maintain them (home owners associations, LIDs etc.) they
are often poorly funded and/or managed. As streets deteriorate, residents look to the City to step in.
Since home owners or occupants change over time, they may not know or appreciate the distinction or
history. This becomes a burden for future administrations and Councils.
RESPONSE:
• The change to mainly private streets is a reflection of what the City has been requiring for the
last decade plus and not a recent change in the current economy. The code update now
captures standard practice. The City will not allow substandard improvements to be installed for
anything less than what is deemed appropriate from a traffic engineering analysis standpoint
based on the traffic impact anticipated. There are different levels of City standards based on the
type of road classification, but the pavement thickness does not differ; it is instead the required
width based on how many vehicles would be served. Each land division has ownership and
maintenance requirements spelled out on the face of the recorded plat map that must be
upheld, otherwise code enforcement action can be taken. Land divisions with private drives are
for non-thru City streets. Anything that has a thru City street will be a public street. All private
drives are signed appropriately as a private drive, so anyone purchasing a house off of a private
drive will be made aware prior to their agreement to purchase through signage as well as the
conditions on the plat map as their title should be clouded with ownership/maintenance/HOA
requirements.
• Ch. 19.26 has mechanisms to help protect the city. First, all private access drives must be
designed and constructed to city Design and Construction Standards and Specifications. (See
19.26.050.B.3) Second, there is a requirement added to the codes to require associations to be
established to maintain private improvements, including a requirement that covenants be
submitted to the city and that the improvements be maintained in perpetuity. (See 19.26.120)
• In review of these comments, additional discussion with Ryan Sass, Public Works Director took
place. We did find some issues where an amendment is warranted. First, any land division
creating ten or more lots for detached housing should have public streets as a first priority,
rather than private streets. Second, in review of Ch. 19.26, we are finding that we may have
Page 4 of 5
missed clearly calling out street standards for non-residential development. For these two
issues, we recommend the following changes:

Table 26-1: Vehicle Access Road Types – Residential Land Divisions
Potential Number of
Access Road Classification per DCSS
Type of Access Dwelling Units Length of Access Road
300 Series Standard Drawings
Served(1)
10 or more dwelling
units(3)
-walkway required-
(3)
Private access drive is not allowed for any land division which creates ten (10) or more lots, except if approved
through the Unit Lot Subdivision process set forth in EMC 19.27.

areas within any land division authorized under chapters 19.24 - 19.27 and this title, provided, however
that any land division which creates ten (10) or more lots not authorized by EMC 19.27 is required to
provide a public street as set forth in subsection (C) below. Under certain circumstances, the city may
require installation of a public street, rather than a private access drive (see Section 26.050.C). As an
alternative to the private access drive, the applicant may provide a public street meeting the city design
and construction standards, subject to approval by the city engineer.
C. Public Streets.
street.
1. When required. The Installation city may require installation of a new public street or improvements of an
existing street is required for all land divisions except for Boundary Line Adjustments or as allowed under
EMC 19.26.050.A, or if the applicant can demonstrate to when the city engineer determines that none
any of the following applies:
D. Development Standards for Non-Residential Zones.
Street standards applicable to commercial, industrial and other non-residential zones shall follow EMC 16.68 and
the city’s Design and Construction Standards and Specifications (DCSS).
6. Historic Commission notice

CM Roberts: It appears notice for Historic Commission action is being eliminated - or at least there is
confusion on this point. The Commission’s role does not appear to be changed, but the public will not be
notified. If this is the case, it should not be part of this proposal.
RESPONSE:
• There are no changes in notice for Historical Commission meetings. These are subject to the
Open Public Meetings Act and we provide notice of all meetings to anyone that is interested in
following their actions.
• The following historical commission recommendations are subject to public notice (posting site
and mailing): demolition of a historic building, construction of 3 or more dwelling units, any new
clinic, commercial building or place of worship, and any deviation from historic standards and
guidelines.
Page 5 of 5
ORDINANCE NO. ________
An ORDINANCE Amending Title 2 (Chapter 2.96, Historical Commission), Title 13 (Chapter 13.68, Street
Construction and Private Construction), Title 15 (Local Project Review Procedures), Title 18 (Land
Division), Title 19 (Zoning) and Title 20 (Chapter 20.04, Environmental Policy) regarding “Rethink
Zoning”, AMENDING Ordinance 1671-89, Ordinance 1355-87, Ordinance 555-78, Ordinance 2328-98,
Ordinance 3389-14, Ordinance 3387-14, Ordinance 3396-14, and Ordinance 1348-87, as previously
amended
WHEREAS,
A. The City of Everett did its last major update to the City’s zoning requirements in 1989; and
B. The City of Everett did its last major update to the City’s land division requirements in 1998; and
C. The City of Everett adopted its first Comprehensive Plan under the Washington State Growth
Management Act (GMA) in 1994 and conducted a comprehensive review and update of the Plan
in 2015; and
D. The Growth Management Act (RCW 36.70A.130(1)(d)) requires the city to adopt development
regulations that are consistent with and implement the comprehensive plan; and
E. In 2019, the City of Everett amended Chapter Two, Land Use element as the first step in a review
of the city’s Zoning and other development codes, recognizing that the “next step … [was] …to
work on simplifying and streamlining the land use regulations while still providing for quality
development and the protections for public health, safety and welfare. This process will look at
most development codes – not just zoning …. Code revisions that should be considered, includ[e]:
Consolidation of zoning districts…streamlining use and development regulations…integrating
development standards from other city codes…into a unified code..updating and streamlining
project review procedures.” (Ord 3666-19); and
F. The City prepared a public participation plan for Rethink Zoning, reviewed by the City’s Planning
Commission on June 2, 2020, and by the City Council on July 29, 2020, which described the goal
and approaches to engage public participation, and made that public participation plan available
on the city’s project website at www.everettwa.gov/rethink; and
G. The amendments to the Land Use Designation Map include twenty-eight different locations
(https://everettwa.gov/DocumentCenter/View/25947/Land-Use-Change-Report-8-28-20), most
of which had current development patterns which were inconsistent with current zoning and
comprehensive plan land use designations; and
H. The City provided notice to affected property owners of the Land Use Designation map changes,
as well as those affected by the repeal of “contract rezones”
(https://everettwa.gov/DocumentCenter/View/25217/Rezones-with-Conditions---repeal-report-
6-24-20); and
I. City staff analyzed existing zoning districts and found that many were nearly identical in the uses
allowed and development standards, and presented the results comparing the residential zones
and commercial-industrial zones to the Planning Commission and City Council; and
J. The Washington State Legislature added requirements (ESHB 1754) for tiny houses which have
been incorporated into these amendments; and
K. The Washington State Legislature has adopted legislation (ESSB 6617) that addresses Accessory
Dwelling Units, which have been incorporated into these amendments; and
L. The Washington State Legislature passed ESHB 1754 regarding homeless encampments by
religious organizations, which has been considered as part of these amendments; and
M. The Washington State Legislature has amended the State Environmental Policy Act (SEPA) in
2003, 2012 and in 2020 to allow the city to improve the development approval process, enhance
economic development, accommodate infill development and realize the goals and policies of
growth management act plans by allowing additional exemptions from SEPA review (see RCW
43.21C.229); and
N. State law allows for the summary approval by administrative staff of short plats or short
subdivisions (RCW 58.17.060); and
O. The City has reviewed the potential environmental impacts of the proposed amendments
pursuant to the State Environmental Policy Act (SEPA), with an Addendum to the Draft and Final
Environmental Impact Statements for the City of Everett 10-Year Update to the Growth
Management Comprehensive Plan and Regulations issued in 2015; and
P. The city provided Snohomish County, the cities of Mukilteo and Marysville, as well as tribal
governments and other agencies with interest in the city, an opportunity to review and
comment on the amendments to identify any issues of consistency or concern; and
Q. On July 21, 2020, the Planning Commission agreed to hold a public hearing on amendments to
the Comprehensive Plan and Everett Municipal Code as set forth in drafts dated July 13, 2020;
and
R. Public notice and opportunity to comment on these amendments was provided through
electronic and mail notice to interested parties, a legal notice of public hearing published in the
Everett Herald on July 29, 2020, notice to the Washington State Department of Commerce on
July 23, 2020, and a public hearing held by the Planning Commission on August 18, 2020; and
ORDINANCE _____________ Page 2 of 8

S. EMC 19.41.170(C) provides for amendment of the Zoning Code (Title 19) when it finds that: 1) the
proposed amendment is consistent with the applicable provisions of the Everett general plan; and
2) the proposed amendment bears a substantial relation to public health, safety or welfare; and
3) the proposed amendment promotes the best long term interests of the Everett community;
and
T. On September 8, 2020, the Planning Commission considered public testimony and staff
recommendations, including additional amendments to the Comprehensive Plan and Everett
Municipal Code; and
U. On September 8, 2020, the Planning Commission recommended that the City Council amend the
Comprehensive Plan and Municipal Code as set forth in the recommendations forwarded to the
City Council dated September 8, 2020;
V. The amendments to the Comprehensive Plan and Everett Municipal Code are consistent with
the scope anticipated in the 2019 Comprehensive Plan amendments (Ord 3666-19); and
W. The amendments to the development codes are required to ensure consistency between the
Comprehensive Plan and development codes, as required by the Growth Management Act; and
X. The proposed development regulations bears a substantial relation to public health, safety or
welfare.
NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:
Section 1. The following chapters of the Everett Municipal Code are hereby repealed:
A. Chapter 2.96, Historical Commission
B. All chapters in Title 15, Local Project Review Procedures, including:
1. Chapter 15.04, Purpose and Applicability
2. Chapter 15.08, Definitions and Usage
3. Chapter 15.12, Project Consistency and Docketing
4. Chapter 15.16, Procedures for Types of Land Use Decisions
5. Chapter 15.20, Procedures for Processing Land Use Permit Applications
6. Chapter 15.24, Public Notice and Appeals
7. Chapter 15.28, Vested Rights
8. Chapter 15.32, Procedures for Certain Legislative Land Use Actions
C. All chapters in Title 18, Land Division, including:
1. Chapter 18.04, Administration

2. Chapter 18.08, Subdivision and Short Subdivision Submittal and Review Process
3. Chapter 18.28, Land Division Evaluation Criteria and Development Standards
4. Chapter 18.32, Variances—Enforcement
5. Chapter 18.36, Small Project Impact Fee
6. Chapter 18.40, Transportation Mitigation
7. Chapter 18.44, School District Impact Fees
D. The following chapters in Title 19, Zoning:
1. Chapter 19.01, Title and Purpose
2. Chapter 19.02, Legal Effect and Applicability
3. Chapter 19.03, User Guide
4. Chapter 19.04, Zoning Code Definitions
5. Chapter 19.05, Use Tables
6. Chapter 19.06, Development Standards Table
7. Chapter 19.07, Small Lots, Duplexes, Accessory Buildings
8. Chapter 19.15, Multiple-Family Development Standards
9. Chapter 19.15A, Unit Lot Subdivisions
10. Chapter 19.16, Clinic and Office Overlay Zones
11. Chapter 19.19, Metro Everett Uses
12. Chapter 19.20, Metro Everett and Core Residential Area Development Standards
13. Chapter 19.23, Zone W-C Regulations
14. Chapter 19.24, Zone M-S Regulations
15. Chapter 19.26, Zone M-2 Regulations
16. Chapter 19.27, Zone M-1 Regulations
17. Chapter 19.28, Zone M-M Regulations
18. Chapter 19.29, Planned Development Overlay Zone
19. Chapter 19.30A, Watershed Resource Management Zone
20. Chapter 19.31, Design Overlay Zone
21. Chapter 19.31A, Broadway Mixed-Use Zone
22. Chapter 19.31B, E-1 (Evergreen Way) and MUO (Mixed-Use Overlay) Zones
23. Chapter 19.32, Planned Residential Development Overlay Zone

24. Chapter 19.33, Historic Overlay Zone
25. Chapter 19.33A, Public Park Zone
26. Chapter 19.33B, Institutional Overlay Zone
27. Chapter 19.33E, Aquatic Zone
28. Chapter 19.33F, Open Space Zone
29. Chapter 19.33H, Mobilehome Park Overlay Zone
30. Chapter 19.38, Nonconforming Structures, Uses and Lots
31. Chapter 19.39, General Provisions
32. Chapter 19.40, Assurance Devices
33. Chapter 19.41, Administration
34. Chapter 19.43, Validity
E. Chapter 20.04, Environmental Policy
Section 2. Title 2, Administration and Personnel, is amended by the addition of Chapter 2.96,
Historical Commission as set forth in Exhibit 1 attached hereto.
Section 3. Title 15, Local Project Review Procedures, is amended by the addition of the following
chapters as set forth in Exhibit 2 attached hereto:
A. Chapter 15.01, Land Use Application Requirements
B. Chapter 15.02, Land Use and Project Review Procedures
C. Chapter 15.03, Land Use Decisions, Criteria and Authority
Section 4. The Code Revisor is instructed to rename “Title 19, Zoning” to “Title 19, Unified
Development Code”.
Section 5. Title 19, Unified Development Code, is amended by the addition of the following
chapters as set forth in Exhibit 3 attached hereto:
A. Chapter 19.01, Introduction to Unified Development Code
B. Chapter 19.02, Legal Effect and Applicability
C. Chapter 19.03, Zoning Districts and Maps
D. Chapter 19.04, Definitions
E. Chapter 19.05, Uses
F. Chapter 19.06, Lots, Setbacks and Residential Densities

G. Chapter 19.08, Residential Uses and Development Standards
H. Chapter 19.09, Multifamily Development Standards
I. Chapter 19.12, Building Form and Design Standards
J. Chapter 19.13, Specific Use Standards
K. Chapter 19.22, Building and Structure Heights
L. Chapter 19.24, Land Division Administration
M. Chapter 19.25, Land Division General Evaluation Criteria
N. Chapter 19.26, Land Division Development Standards
O. Chapter 19.27, Unit Lot Land Divisions
P. Chapter 19.28, Historic Resources
Q. Chapter 19.29, Planned Development Overlay
R. Chapter 19.31, Institutional Overlay Zone
S. Chapter 19.33. Streets, Sidewalks and Pedestrian Circulation
T. Chapter 19.38, Nonconformities
U. Chapter 19.39, General Provisions
V. Chapter 19.40, Fences
W. Chapter 19.41, General Authority and Requirements
X. Chapter 19.43, Environmental Policy
Y. Chapter 19.50, Small Project Impact Fee
Z. Chapter 19.51, Transportation Mitigation
AA. Chapter 19.52, School District Impact Fees
Section 6. Chapter 13.68, Street Construction and Private Construction, is amended as set forth in
Exhibit 4 attached hereto.
Section 7. Chapter 19.17, Airport Compatibility, is amended as set forth in Exhibit 5 attached
hereto and the chapter renamed Airport/Port/Navy Compatibility Overlay.
Section 8. Chapter 19.34, Parking, Loading and Access Requirements, is amended as set forth in
Exhibit 6 attached hereto.
Section 9. Chapter 19.35, Landscaping, is amended as set forth in Exhibit 7 attached hereto.

Section 10. Chapter 19.36, Signs, is amended as set forth in Exhibit 8 attached hereto.
Section 11. The City Clerk and the codifiers of this Ordinance are authorized to make necessary
corrections to this Ordinance including, but not limited to, the correction of scrivener’s/clerical errors,
references, ordinance numbering, section/subsection numbers, and any internal references.
Section 12. The City Council hereby declares that should any section, paragraph, sentence, clause or
phrase of this ordinance be declared invalid for any reason, it is the intent of the City Council that it
would have passed all portions of this ordinance independent of the elimination of any such portion as
may be declared invalid.
Section 13. The enactment of this Ordinance shall not affect any case, proceeding, appeal or other
matter currently pending in any court or in any way modify any right or liability, civil or criminal, which
may be in existence on the effective date of this Ordinance.
Section 14. It is expressly the purpose of this Ordinance to provide for and promote 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 terms of this
Ordinance. It is the specific intent of this Ordinance that no provision or any term used in this Ordinance
is intended to impose any duty whatsoever upon the City or any of its officers or employees. Nothing
contained in this Ordinance is intended nor shall be construed to create or form the basis of any liability
on the part of the City, or its officers, employees or agents, for any injury or damage resulting from any
action or inaction on the part of the City related in any manner to the enforcement of this Ordinance by
its officers, employees or agents.
Section 15. Severability. Should any section, paragraph, clause or phrase of this Ordinance, or its
application to any person or circumstance, be declared unconstitutional or otherwise invalid for any
reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulations,
this shall not affect the validity of the remaining portions of this Ordinance or its application to other
persons or circumstances.
Section 16. Conflict. In the event there is a conflict between the provisions of this Ordinance and
any other City ordinance, the provisions of this Ordinance shall control.
Section 17. Corrections. The City Clerk and the codifiers of this Ordinance are authorized to make
necessary corrections to this Ordinance including, but not limited to, the correction of
scrivener’s/clerical errors, references, ordinance numbering, section/subsection number and any
references thereto.

Cassie Franklin, Mayor
ATTEST:
Sharon Fuller, City Clerk
PASSED:
VALID:
PUBLISHED:
EFFECTIVE DATE:

EXHIBIT 1
Instructions to reader: EMC 2.96, regarding Historic Resources, will be repealed and replaced with this chapter
regarding the Historical Commission. Standards for Historic Resources can be found in the Unified Development
Code in Chapter 19.28. For a summary of the effect of the changes to this chapter, please visit the Rethink Zoning
Library at https://everettwa.gov/2453/Rethink-Zoning-Library.
Chapter 2.96 Historical Commission
Table of Contents
CHAPTER 2.96 HISTORICAL COMMISSION ................................................................................................................ 1
2.96.010 CREATED. ............................................................................................................................................. 1
2.96.020 MEMBERS. ........................................................................................................................................... 1
2.96.030 TERMS OF MEMBERS............................................................................................................................... 1
2.96.040 FUNCTIONS. .......................................................................................................................................... 2
2.96.010 Created.
A historical commission is created which shall consist of nine members.
2.96.020 Members.
A. Members of the historical commission shall be appointed by the mayor with the approval of the council.
Additionally, two individuals may be appointed by the mayor with the approval of council to serve in the
capacity of alternates. Alternates shall serve in the absence of members when so asked by the commission
chairperson and when serving shall have the same powers and responsibilities as duly appointed commission
members.
B. Composition of the Commission.
1. All members of the commission must have a demonstrated interest and competence in historic
preservation and possess qualities of impartiality and broad judgment.
2. The commission shall always include at least three professionals who have experience in identifying,
evaluating and protecting historic resources and are selected from among the disciplines of history,
architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology,
cultural geography, and American studies. A commission action that would otherwise be valid shall not be
rendered invalid by the temporary vacancy of one or more of the professional positions, unless the
commission action is related to meeting Certified Local Government (CLG) responsibilities cited in the
certification agreement between the city and the State Historic Preservation Officer. Furthermore,
exception to the residency requirement of commission members may be granted by the mayor and city
council in order to obtain representatives from these disciplines.
3. In making appointments, the mayor may consider names submitted from any source, but the mayor shall
notify history and city development related organizations of vacancies so that names of interested and
qualified individuals may be submitted by such organizations for consideration along with names from any
other source.
2.96.030 Terms of members.

The original appointment of members to the commission shall be as follows: three for two years, three for four
years, and three for six years. Thereafter, appointments shall be made for a six-year term. Vacancies shall be filled
by the mayor for the unexpired term in the same manner as the original appointment.
Ch. 2.96, Historical Commission 1 Planning Commission Recommendation (09/08/20)

2.96.040 Functions.
The primary responsibility of the Everett historical commission is to identify and actively encourage the
conservation of the city’s historic resources by initiating and maintaining a register of historic places and reviewing
proposed changes to register properties; to raise community awareness of the city’s history and historic resources;
and to serve as the city’s primary resource in matters of history and preservation.
In carrying out these responsibilities, the Everett historical commission shall engage in the following:
A. Maintain a comprehensive inventory of historic resources within the boundaries of the city known as the
Everett historic resource survey; publicize and periodically update survey results. This designation shall not
change or modify the underlying zone classification;
B. Initiate and maintain the Everett register of historic places. This official register shall be compiled of buildings,
structures, sites, objects and districts identified by the commission as having historic significance worthy of
recognition by the city and encouragement of efforts by owners to maintain, rehabilitate and preserve
properties;
C. Review nominations to the Everett register of historic places according to adopted review criteria and
standards;
D. Review proposals to construct, change, alter, modify, remodel, move, demolish and significantly affect
properties or districts on the Everett register of historic places and adopt standards in its rules to be used to
guide this review and the issuance of a certificate of appropriateness;
E. Review applications for special property tax valuation in connection with substantial improvements to
properties on the Everett register of historic places consistent with Chapter 84.26 RCW and locally established
criteria and procedures;
F. Conduct all commission meetings in compliance with Chapter 42.30 RCW, Open Public Meetings Act, to
provide for adequate public participation and adopt standards in its rules to guide this action;
G. Participate in, promote and conduct public information, educational and interpretive programs pertaining to
historic resources;
H. Provide information to the public on methods of maintaining the rehabilitating historic properties. This may
take the form of pamphlets, newsletters, workshops or similar activities;
I. Officially recognize excellence in the rehabilitation of historic buildings, structures, sites and districts, and new
construction in historic areas; and encourage appropriate measures for such recognition;
J. Be informed about and provide information to the public and city departments on incentives for preservation
of historic resources including legislation, regulations and codes which encourage the use and adaptive reuse
of historic properties;
K. Submit nominations to the State and National Registers of Historic Places;
L. Investigate and report to the city council on the use of various federal, state, local or private funding sources
available to promote historic resource preservation in the city;
M. Establish liaison support, communication and cooperation with federal, state and other local government
entities which will further historic preservation objectives, including public education, within the Everett area;
N. Review and comment to the planning commission or hearing examiner, depending on jurisdiction, on land use,
housing and redevelopment, municipal improvement and other types of planning and programs undertaken
by any agency of the city, other neighboring communities, the school districts, the county, the state or federal
governments, as they relate to historic resources of the city;
O. Serve as the local review board for the purpose of approving applications for special property tax valuation per
Chapter 84.26 RCW, and entering into an agreement with the property owner for the duration of the special
valuation during which time the review board monitors the property for continued qualification for the special
valuation per requirements of Chapter 84.26 RCW;
P. Advise the city council generally on matters of city history and historic preservation.
Q. The commission shall establish and adopt its own rules of procedure and shall select from among its
membership a chairperson and such other officers as may be necessary to conduct the commission’s business.
Ch. 2.96, Historical Commission 2 Planning Commission Recommendation (09/08/20)

EXHIBIT 2
Instructions to reader: This is a new chapter in Tile 15 of the Everett Municipal Code. For a summary of the effect of
this chapter from current standards, please visit the Rethink Zoning Library at https://everettwa.gov/2453/Rethink-
Zoning-Library.
Chapter 15.01 Land Use Application Requirements
Table of Contents
CHAPTER 15.01 LAND USE APPLICATION REQUIREMENTS ............................................................................................... 1
ARTICLE I. LAND USE APPLICATIONS ............................................................................................................................ 1

15.01.005 INTRODUCTION ...................................................................................................................................... 1
15.01.010 PREAPPLICATION REVIEW ......................................................................................................................... 1
15.01.020 LAND USE PERMIT APPLICATION ................................................................................................................ 2
15.01.022 SHORELINE PERMIT APPLICATIONS. ............................................................................................................ 3
15.01.030 LAND DIVISION APPLICATIONS ................................................................................................................... 3
15.01.035 LAND DIVISION, SUPPLEMENTAL REQUIREMENTS. ......................................................................................... 3
ARTICLE II. DETERMINATION OF COMPLETENESS ............................................................................................................. 4

15.01.040 REVIEW FOR TECHNICALLY COMPLETE STATUS. ............................................................................................. 4
15.01.050 DETERMINATION OF COMPLETENESS OR INCOMPLETE APPLICATION. ................................................................. 4
ARTICLE III. TIME LIMITS FOR PERMITS AND PERMIT PROCESSING ....................................................................................... 5
15.01.080 REVIEW PROCESS I THROUGH III. .............................................................................................................. 5
15.01.090 DETERMINING TIME LIMITS. ..................................................................................................................... 5
15.01.100 EXCEPTIONS. ......................................................................................................................................... 6
15.01.110 TIME LIMIT FOR REVIEW PROCESS I, II AND III PERMITS. ................................................................................ 6
15.01.210 TIME PERIODS AND EXPIRATION OF LAND DIVISION APPROVALS. ....................................................................... 7
Article I. Land Use Applications
15.01.005 Introduction
The purpose of this chapter, in conjunction with EMC 15.02 and 15.03, is to implement requirements in Chapter
36.70B RCW, Local Project Review. Together, these three chapters are collectively referred to as the “Local Project
Review Procedures.” Included within this chapter are land use application requirements, including how an
application is determined complete and the time limits for permits and permit processing. For application
procedures, please see EMC 15.02. For land use decision criteria, please see EMC 15.03.
15.01.010 Preapplication review

A. The purpose of preapplication review is to acquaint city staff with a sufficient level of detail about the
proposed project to enable staff to advise the applicant accordingly. The purpose is also to acquaint the
applicant with the applicable requirements of this title and other applicable city regulations. Further, the
preapplication review is intended to provide the applicant with preliminary direction regarding the required
content of the proposed application. However, the conference is not intended to provide an exhaustive review
of all the potential issues that a given application could raise. The preapplication review does not prevent the
city from applying all relevant laws to the application and does not constitute an approval of the project.
Ch. 15.01 Application Requirements 1 Planning Commission Recommendation (09/08/20)

B. Preapplication review is required for Review Process II, III, and V applications, unless the ordinance or the
planning director exempts the application in question or the applicant submits a completed form provided by
the city requesting waiver of preapplication review, and such waiver is granted by the planning director.
C. To initiate preapplication review, an applicant shall submit a completed request for preapplication meeting
form provided by the planning department for that purpose, any required fee, preliminary site plan and all
other information required by the city.
D. The preapplication conference shall be scheduled within twenty-one (21) calendar days, and held within thirty
(30) days – unless a longer period of time is agreed by the city and applicant, after the city accepts the
application for preapplication review.
E. Preapplication review does not vest an application nor does it constitute approval.
15.01.020 Land use permit application

A. Content. Applications shall be submitted upon forms provided by the planning director. An application shall
identify all city land use permits required by the applicable development regulations as they apply to the
proposed land use action. Applications may be filed by a property owner or an agent acting on his/her behalf.
At a minimum, applications shall include the following information:
1. A completed land use permit application packet containing all required forms, information, and any
special studies or information necessary to process the application indicated by the city in a
preapplication meeting including, for example, where applicable to a project, traffic analysis, wetland and
critical area studies, biological assessment; soil, stormwater and utility analyses.
2. Environmental checklist (SEPA) or other SEPA documentation including supporting information, when
required under Chapter 197-11 WAC and the SEPA ordinance (EMC 19.43).
3. Complete and accurate special studies, reports, information, maps, plans, or other documentation
required by the planning director to support the application and to enable the city to evaluate consistency
and the environmental impacts of the proposal. When identified in the application packet, a supplemental
narrative statement describing how the proposal meets the required evaluation criteria.
4. A statement that the applicant is the owner of the property affected by the application or is authorized by
the owner to submit the application. For land divisions, a declaration of ownership form signed by the
owner is required.
5. A written designation by the applicant of a single person or entity to receive determinations and notices
required and issued as part of the project review process.
6. A property and/or legal description of the site for all applications required by the pertinent land use
permit application packet and applicable development regulations. For land divisions, a legal description
of the property proposed to be adjusted.
7. A complete and accurate site plan or proposed land use plans as described in the city’s land use permit
application packet. For land divisions, see plat and map requirements in EMC 15.01.030 of this chapter.
8. A complete and accurate mailing list, as required by the pertinent land use permit application packet and
development regulations.
9. Filing fee.
B. Fees. Fees shall be submitted with applications in accordance with the current land use development permit
fee ordinance adopted by the city council. An application shall not be considered complete until the required
fee has been submitted.
C. Modification or Waiver. The planning director may waive application requirements that are clearly not
necessary to show an application complies with relevant regulations, review criteria and standards and may
modify application requirements based on the nature of the proposed application, development site, or other
factors.
D. Supplemental Application Requirements. Additional application requirements for shoreline permits, land
division applications, and planned actions are set forth later in this chapter.

15.01.022 Shoreline permit applications.
Shoreline permit applications shall meet the requirements of the Joint Aquatic Review Project Application (JARPA)
forms, if applicable to the project, and the information required by the planning department for shoreline permits.
15.01.030 Land division applications

A. Applications. All land division applications shall include the following:
1. The application materials as specified in EMC 15.01.020 of this chapter, including application forms or
checklists provided by the city.
2. A plat map, supplemental maps and/or site plan drawn to the specifications set forth in the applicable
application.
3. A survey conducted by or under the supervision of a registered licensed land surveyor in the state of
Washington, in accordance with the “Survey” section of EMC 19.26.140.
4. A certificate, not older than ninety (90) days, from a title company is required. The applicant shall be
responsible for updating the title report to ensure that it is current as of the time of final land division
review. This report must confirm that the title of the lands as described and shown on the land division is
in the name of the owners signing the land division.
B. Planning Director’s Determination on Restrictive Covenants. For purposes of meeting the requirements of this
title and RCW 58.17.215, any restrictive covenant that has not been imposed by the city shall not be subject to
the requirements of the alteration and vacation review procedures of this title.
C. Notice of Correction. The planning director may authorize corrections to the recorded final division map or
other documents required by the city. It is the applicant’s responsibility to provide all necessary maps or
documents and pay all required fees and record the corrections as necessary. For the purpose of this title, a
correction is the act of correcting an error on a map or document to bring it into conformity with the
standards of this title or applicable survey standards as required by state law.
D. Withdrawal of Preliminary or Final Approvals. Except for formal subdivisions as provided by RCW 58.17.170, if
a division of land or boundary line adjustment application was procured by misrepresentation, lack of material
disclosure or erroneous information, or if there was deficient public notice as a direct result of the applicant or
based on erroneous information or, if in the opinion of the planning director, a substantial change in
conditions of approval has occurred and construction has not commenced, the city or hearing examiner may
withdraw its approval of the project and require the applicant to correct the application. If the approval is
withdrawn, the city or the hearing examiner shall issue a new decision on the application consistent with the
review processes and standards of this title.
15.01.035 Land division, supplemental requirements.

Supplemental requirements for certain Review Process I land divisions (minor amendments to land divisions,
boundary line adjustments, and binding site plans with previously approved site plans) are as follows:
A. Criteria for Minor Amendment. For the purposes of this title, a minor amendment shall meet the following
criteria:
1. The proposal represents a minor adjustment of lot lines or lot frontage that does not increase or decrease
said lot lines and/or frontage in excess of ten percent;
2. The proposal does not result in substantial changes in the design or location of access, parking,
circulation, drainage or public utility improvements;
3. The proposal does not result in additional lots or potential number of dwelling units;
4. The proposal would not modify or be in conflict with any of the conditions of preliminary approval;
5. In the opinion of the planning director, the proposal would not have an adverse effect on other lots within
the project or on adjacent properties; and
6. The proposal is consistent with Titles 13, 19, 20 and other applicable city code provisions and standards.

B. Approval of Adjacent Owners is Not Required for Minor Amendments. The approval of other property owners
within the proposed project is not required on the final division map or other documents if the city approves a
minor amendment.
C. When an Amendment Does Not Qualify as a Minor Amendment. If the city determines that any proposed
amendments are not minor, the project shall be processed as required for the original application meeting all
the requirements of this title, including providing public notice to all property owners within the original
project area.
D. Binding Site Plans with Previously Approved Site Plans. The following supplemental information shall be
submitted with an application for a binding site plans with previously approved site plan:
1. The approved site plan with a copy of the corresponding decision and project numbers;
2. The SEPA threshold determination and corresponding checklist submitted for the approved project; and
3. A proposed or approved phasing plan.
E. Boundary Line Adjustments. Boundary line adjustment applications shall submit a declaration of legal
documentation form. Requirements for final recording of boundary line adjustments shall be specified in rules
for the administration and implementation of this title.
Article II. Determination of Completeness
15.01.040 Review for technically complete status.

Before accepting an application for processing, the city shall determine that the application is technically complete.
A technically complete application contains all information required under Section 15.01.020. The city shall issue a
notice of completeness or notice that the application is deemed incomplete as set forth in Section 15.01.050.
15.01.050 Determination of completeness or incomplete application.

A. Within twenty-eight (28) days after receiving a project permit application, the city shall mail (electronic mail
acceptable) or personally provide a determination to the applicant which states either:
1. That the application is complete; or
2. That the application is incomplete and what is necessary to make the application complete.
B. To the extent known by the city, other agencies that may have jurisdiction over the application shall be
identified in the city’s completeness determination.
C. An application is complete for purposes of this section when it meets the procedural submission requirements
set forth in Section 15.01.020 and is sufficient for continued processing even though additional information
may be required or project modification may be undertaken subsequently. The determination of
completeness shall not preclude the city from requesting additional information or studies either at the time
of the notice of completeness or subsequently if new information is needed or substantial changes in the
proposed action occur.
The determination of completeness may include the following as optional information:

1. A preliminary determination of those development regulations that will be used for project mitigation;
2. A preliminary determination of consistency, with the comprehensive plan or subarea plan, and applicable
development regulations; or
3. Other information deemed appropriate by the planning director.
D. An application shall be deemed complete under this section if the planning director, within twenty-eight (28)
days of receiving the application, does not mail (electronic mail acceptable) or provide in person a written
determination to the applicant that the application is incomplete.
E. If the planning director determines that an application is not complete, then within twenty-eight (28) days
after receiving the application, the planning director shall place in the mail (electronic mail acceptable) to the
applicant a written statement that the application is incomplete based on a lack of information and listing

what is required to make the application technically complete; provided, however, an applicant may request
or agree to an extension of the twenty-eight (28) day completeness review period.
F. If the applicant receives a determination of the city that an application is not complete, the applicant shall
have ninety (90) days to submit the necessary information to the city. The planning director may grant an
extension to the ninety (90)-day time deadline for filing the required information. Within fourteen (14) days
after an applicant has submitted the additional information requested in a notice of incompleteness, the city
shall make a new determination of completeness as described herein, and notify the applicant in the same
manner.
G. If the required information is not submitted by the date specified and the planning director has not extended
that date, the planning director may take one of the following actions as deemed appropriate by the planning
director:
1. Reject and return the application and eighty percent (80%) of the application fee(s) and mail to the
applicant a written statement which lists the remaining additional information needed to make the
application technically complete; or
2. Issue a decision denying the application, based on a lack of information; or
3. Allow the applicant to start the technically complete review process a second time by providing the
required missing information by a date specified by the review authority, in which case the review
authority shall retain the application and fee pending expiration of that date, or a technical review of the
application as amended by that date.
H. A determination of completeness for a project subject to environmental review under SEPA, including planned
actions (which do not require threshold determinations), may be withdrawn in the following circumstances:
1. There are substantial changes to a proposal so that the proposal is likely to have significant adverse
environmental impacts;
2. There is significant new information indicating, or on, a proposal’s probable significant adverse
environmental impacts; or
3. The determination of completeness was procured by misrepresentation or lack of material disclosure.
4. In the event that a determination of completeness is withdrawn and the responsible official determines
that additional information is needed to process the application, the applicant shall be so notified, and the
one-hundred-twenty-calendar-day period stayed pending receipt of the requested information by the
city.
Article III. Time Limits for Permits and Permit Processing
15.01.080 Review Process I through III.

Except as otherwise provided in this title or by state law, the city shall provide a notice of decision as specified in
EMC 15.02 on all Review Process II and III applications, and on any Review Process I applications which require a
notice of decision, within one hundred twenty (120) days after the city notifies the applicant that the application is
complete.
15.01.090 Determining time limits.

In determining the number of days that have elapsed after the city has notified the applicant that the application is
complete, the following periods shall be excluded:
A. Any period during which the applicant has been requested by the planning director to correct plans, perform
required studies, or provide additional required information. The period shall be calculated from the date the
city notifies the applicant of the need for additional information until the earlier of the date the city
determines whether the additional information satisfies the request for information or fourteen (14) days
after the date the information has been provided to the local government;

B. If the city determines that the information submitted by the applicant under subsection A of this section is
insufficient, it shall notify the applicant of the deficiencies and the procedures under subsection A of this
section shall apply as if a new request for studies had been made;
C. Any period during which an environmental impact statement is being prepared following a SEPA
determination of significance;
D. Any period during which the applicant has requested an interpretation of applicable provisions of the city code
and development regulations;
E. Any period for which a threshold determination requires further information from the applicant and/or
consultation with other agencies with jurisdiction, as determined by the responsible official, in which case the
running of the one-hundred-twenty (120)-calendar-day period shall be stayed until the required information
and/or consultation is provided;
F. Any period for which a SEPA threshold determination requires further studies, including field investigations
initiated by the city;
G. Any time limits set forth in this section shall not apply to withdrawal of SEPA threshold determinations (DS,
DNS) where such withdrawals are made in accordance with WAC 197-11-340 and 197-11-360;
H. Any period for administrative appeals of project permits or SEPA determinations; and
I. Any extension of time mutually agreed upon by the applicant and the city.
15.01.100 Exceptions.
The time limit requiring a final decision within one hundred twenty (120) days of the notice of application on a
Review Process II or III decision does not apply if the land use permit application:
A. Requires an amendment to the comprehensive plan or a development regulation;
B. Requires approval of a new fully contained community as provided in RCW 36.70A.360, or the siting of an
essential public facility as provided in RCW 36.70A.200;
C. Is substantially revised by the applicant, in which case the new one-hundred-twenty-day time period shall
start from the date at which the revised project application is determined to be complete; or
D. Results in a determination of completeness (of the application) being withdrawn under the determination of
completeness or incomplete application, Section 15.01.050.
15.01.110 Time limit for Review Process I, II and III permits.

A. Review Process I
If a complete application has not been filed for a building permit or equivalent construction permit within two (2)
years on a project for which a land use permit has been granted under Review Process I, and an extension has not
been granted:
1. The land use permit shall be deemed to be terminated, except where a time limit on the land use permit
is otherwise established by federal or state law, city ordinance, or an executed development agreement.
2. If the permittee requests an extension in writing not later than two (2) years from the land use permit
date, the planning director may grant a six (6)-month extension.
B. Review Process II and III
If a complete application has not been filed for a building permit or equivalent construction permit within three (3)
years on a project for which a land use permit has been granted under Review Process II or III, and an extension
has not been granted:
1. The land use permit shall be deemed to be terminated, except where a time limit on the land use permit
is otherwise established by federal or state law, city ordinance, or an executed development agreement.
2. If the permittee requests an extension in writing not later than three (3) years from the land use permit
date, the planning director may grant a six (6)-month extension.
3. For any reapplication, the city may use the existing SEPA determination or may require new or additional
environmental documents as provided by WAC 197-11-600.

15.01.210 Time periods and expiration of land division approvals.
See EMC 15.02.400.

Zoning-Library.
Chapter 15.02 Land Use and Project Review Procedures
Table of Contents
CHAPTER 15.02 LAND USE AND PROJECT REVIEW PROCEDURES ...................................................................................... 1
ARTICLE I. TYPES OF REVIEW PROCESS ......................................................................................................................... 2

15.02.010 INTRODUCTION AND USER GUIDE. ............................................................................................................. 2
15.02.015 AUTHORITY. .......................................................................................................................................... 2
15.02.020 EXEMPTIONS AND SPECIAL CIRCUMSTANCES................................................................................................ 2
15.02.030 TYPES OF LAND USE PERMIT APPLICATIONS. ............................................................................................... 2
15.02.040 DETERMINING APPROPRIATE REVIEW. ........................................................................................................ 3
15.02.050 ONE PROJECT REVIEW PROCESS. ................................................................................................................ 3
15.02.060 REVIEW PROCESS I: MINOR ADMINISTRATIVE REVIEW. ................................................................................. 4
15.02.070 REVIEW PROCESS II: PLANNING DIRECTOR REVIEW. ...................................................................................... 6
15.02.080 REVIEW PROCESS III: HEARING EXAMINER REVIEW. ...................................................................................... 8
15.02.090 REVIEW PROCESS V: QUASI-JUDICIAL CITY COUNCIL REVIEW. ....................................................................... 10
15.02.095 LEGISLATIVE ACTIONS. .......................................................................................................................... 11
ARTICLE II. NOTICE REQUIREMENTS AND SEPA PROCEDURES ........................................................................................... 12

15.02.100 NOTICE OF APPLICATION. ...................................................................................................................... 12
15.02.110 PUBLIC NOTICE AND COMMENTS. ............................................................................................................ 13
15.02.120 SEPA PROCEDURES. ............................................................................................................................. 14
15.02.130 NOTICE OF SEPA DETERMINATIONS......................................................................................................... 19
15.02.140 TEMPORARY OUTDOOR ENCAMPMENTS, SAFE PARKING AREAS OR TINY HOME COMMUNITIES. .............................21
ARTICLE III. HEARING EXAMINER PROCEDURES ............................................................................................................. 23

15.02.200 HEARING EXAMINER PROCEDURES. .......................................................................................................... 23
ARTICLE IV. SHORELINE PERMIT PROCEDURES .............................................................................................................. 26

15.02.300 SHORELINE PERMIT PROCEDURES. ............................................................................................................ 26
ARTICLE V. LAND DIVISION PROCEDURES..................................................................................................................... 28

15.02.400 LAND DIVISION EXPIRATIONS AND RESUBDIVISION. ...................................................................................... 28
ARTICLE VI. PLANNED ACTION REVIEW ....................................................................................................................... 29

15.02.500 PLANNED ACTION PROJECT REVIEW. ......................................................................................................... 29
ARTICLE VII. APPEALS ............................................................................................................................................. 30

15.02.600 APPEALS............................................................................................................................................. 30
ARTICLE VIII. COMPREHENSIVE PLAN DOCKET PROCEDURES ............................................................................................. 33

15.02.700 DOCKETING......................................................................................................................................... 33
ARTICLE IX. INTERPRETATIONS, VESTING & DEFINITIONS ................................................................................................. 33

15.02.800 INTERPRETATIONS OF LAND USE REGULATIONS. .......................................................................................... 33
Ch. 15.02 Local Project Review 1 Planning Commission Recommendation (09/08/20)

15.02.810 VESTED RIGHTS. .................................................................................................................................. 33
15.02.820 DEFINITIONS. ...................................................................................................................................... 34
Article I. Types of Review Process
15.02.010 Introduction and User Guide.

The purpose of this chapter, in conjunction with EMC 15.01 and 15.03, is to implement requirements in Chapter
36.70B RCW, Local Project Review. Together, these three chapters are collectively referred to as the “Local Project
Review Procedures”. Included within this chapter are the procedures for review of land use and development
applications within the city, including public notice requirements for land use and development actions. For
application requirements, please see EMC 15.01. For land use decision criteria, please see EMC 15.03.
15.02.015 Authority.
The planning director is authorized to promulgate rules for the implementation and administration of this chapter.
15.02.020 Exemptions and Special Circumstances.

A. The project permit procedural requirements of this chapter, including the procedures for notice of
completeness, notice of application, and notice of decision, shall not apply to Review Process I or V decisions
or to building and other construction permits. Specifically exempted from these procedural requirements and
the requirements of RCW 36.70B.060 through 36.70B.090, and RCW 36.70B.110 through 36.70B.130 are:
1. The adoption or amendment of a comprehensive plan, subarea plan, or development regulation or any
other legislative action adopting, accepting, or authorizing a plan, regulation, or public project;
2. Lot line or boundary adjustments, street vacations and building and other construction permits, or similar
administrative approvals, categorically exempt from environmental review under Chapter 43.21C RCW or
for which environmental review has been completed in connection with other project permits;
3. City council quasi-judicial decisions on land use permits;
4. The approval of final subdivisions; and
5. Conceptual site plan review and other preapplication processes that occur prior to submittal of a
complete application for a land use permit.
B. Building and Other Construction Permits. Building and construction permits are not governed by this chapter,
except in the unusual situation where they are not categorically exempt or prior environmental review has not
been completed on the project, or where an applicant has opted for the individual option under EMC
15.02.050 to consolidate review of land use permits and all other city permits.
C. Special circumstances. The city has determined that the following permits present special circumstances that
warrant a different review process than that provided in RCW 36.70B.060 et seq.:
1. Review Process V. Adoption of a “planned development” overlay zone or a rezone or other zoning revision
that is not of area-wide significance or general applicability, or other quasi-judicial permit decisions, which
provide for a public hearing or meeting before the planning commission and an open public hearing
before the city council.
D. Legislative decisions. Legislative decisions are not subject to the permit process procedures of this title. In
order to promote a public understanding of governmental actions relating to land use and the environment,
certain legislative decisions are included in and governed by EMC 15.02.095. Specifically, public notice
requirements for certain legislative decisions made by the city council that relate to land use and the
environment are also set forth in this chapter.
15.02.030 Types of Land Use Permit Applications.

For the purpose of project review, all land use permit applications shall be classified as one of the following:

A. Review Process I, minor administrative review decisions;
B. Review Process II, planning director administrative review decisions;
C. Review Process III, hearing examiner decisions
1. Review Process IIIA, hearing examiner final decision;
2. Review Process IIIB, hearing examiner recommendation to city council for final decision;
D. Review Process V, planning commission and city council land use quasi-judicial decisions;
15.02.040 Determining appropriate review.

A. The planning director shall determine the proper classification for all project permit applications. If the
planning director determines that the choice among appropriate classifications cannot be ascertained from
the code and its intent, the planning director shall resolve it in favor of the higher classification number.
B. A project that involves two or more land use permits may be processed collectively under the highest
numbered classification required for any part of the application or processed individually under each of the
classifications identified by the specific city regulation. The applicant may determine whether the application
is processed under the individual procedure option (see EMC 15.02.050). If the application is processed under
the individual procedure option, the highest numbered classification must be processed prior to the
subsequent lower numbered procedure.
C. For any project dependent on a legislative decision, including a change in the comprehensive plan (see EMC
15.02.095), the legislative decision must be made prior to processing the land use permit application.
D. Applications processed in accordance with subsection B of this section that have the same highest numbered
classification, but are assigned different hearing bodies, shall be heard by the highest decisionmaker. The city
council is the highest, followed by the hearing examiner or planning commission, as applicable, the planning
director, and then the planning department or other authorized city staff.
15.02.050 One project review process.

The city shall provide a project review process that is integrated with the SEPA review process to the maximum
extent feasible. For projects that require more than one project permit approval, the SEPA threshold
determination, and all land use permit decisions shall be made concurrently to the extent permissible by law. To
promote integration and avoid duplication, it is the intent of this process that any studies be used to fulfill all
regulatory needs for which they provide adequate information, regardless of the specific law or requirement that
caused their preparation. Likewise, it is the intent of this process to avoid duplication under different laws or
regulations of measures to avoid or otherwise mitigate the same project impacts.
A. Individual Procedure Option. Under the individual procedure option, an applicant may request: (1) processing
land use permits separately; or (2) processing land use and all other project permits including construction
permits in a single consolidated project review process, which may include a request for a designated permit
coordinator.
An application that involves two or more Review Process I, II, or III procedures shall be processed collectively
under the highest numbered procedure required for any part of the application unless the applicant requests
that the application be processed under the individual procedure option. Based upon the specific content of
the application and the required permits, the planning director may grant or deny a request to process the
application under individual procedures for separate permit decisions. If an applicant elects a single
consolidated project review process for all city permits, as provided by RCW 36.70B.120, the planning director
may determine the specific scope and procedures for the project review on the proposed action consistent
with this title and other applicable city requirements.
B. Timing of Notice of Application and SEPA Threshold Determination. The planning director shall integrate the
timing of the notice of application with environmental review under SEPA as follows:

1. Except for a determination of significance and except as otherwise expressly allowed in this subsection B,
the planning director may not issue a threshold determination (where required), or issue a decision or a
recommendation on a project permit until the expiration of the public comment period on the notice of
application.
2. For all Review Process III applications, if the city’s threshold determination requires public notice under
the SEPA ordinance (EMC 19.43), the city shall issue its threshold determination at least fifteen days prior
to the hearing examiner’s open public hearing. As a general matter, unless the applicant prefers
otherwise, the city should try to issue the SEPA threshold determination sufficiently in advance of the
open public hearing to allow any administrative appeals to be filed and consolidated with the hearing on
the application, so as to avoid postponing a hearing for which public notice has already been given.
C. Combined Decision on Review Process I and II Applications. For all applications that involve two or more
Review Process I or II decisions, the planning director shall issue a single decision on the applications. The
decision may be the permit; provided, however, an applicant may request an interpretation of applicable
provisions of the city’s development regulations under Section 15.02.800, and the planning director may issue
a written determination prior to issuance of a decision on the land use permits.
D. Combined Report on Review Process I through III Applications. For all applications involving one or more
Review Process I or II applications plus one or more Review Process III applications, the city shall issue a single
report stating:
1. All the interpretations, recommendations or decisions made as of the date of the report on all project
permits included in the project review process that do not require an open public hearing; and
2. Staff recommendation on land use permits that do require an open public hearing before the examiner.
3. The report shall identify documents that contain an analysis of impacts resulting from the development
and state any mitigation required or proposed under the development regulations or the agency’s SEPA
authority. If a SEPA threshold determination or other SEPA environmental document (such as an
environmental impact statement or addendum) has not been issued previously, the report shall include or
append them.
E. Combined Hearings. The planning director may combine any hearing on a project permit with any hearing that
may be held by another local, state, regional, federal, or other agency; provided, that the hearing is held
within the geographic boundary of the city. Hearings shall be combined if requested by an applicant, as long as
the joint hearing can be held within the time periods specified in this title or the applicant agrees to the
schedule in the event that additional time is needed in order to combine the hearings.
F. Cooperation on Joint Hearings. The planning director shall cooperate to the fullest extent possible with other
agencies in holding a joint hearing if requested to do so, as long as:
1. The city is not expressly prohibited by statute from doing so;
2. Sufficient notice of the hearing is given to meet each of the agency’s adopted notice requirements as set
forth in statute, ordinance, or rule; and
3. The agency has received the necessary information about the proposed project from the applicant to hold
its hearing at the same time as the city’s hearing.
15.02.060 Review Process I: Minor Administrative Review.

A. Description
1. Review Process I (“REV I”) applies to permit applications that involve minor administrative land use
decisions. Review Process I applications shall be reviewed administratively by the planning department
staff to determine compliance with the unified development code and other applicable ordinances and
regulations.
2. If a Review Process I application is not categorically exempt under SEPA, the application shall be
processed under Review Process II.

B. Decisions Included
1. Land use decisions identified as “Permitted”, or “P”, in EMC 19.05.080 - .120, Tables 5-1 through 5-5 are
Review Process I (REV I) decisions.
2. Land divisions. The following permit applications are included as REV I decisions:
a. All short subdivision applications.
b. All other land division applications, including preliminary and final approvals, not identified as REV II
or REV III decisions.
c. Pursuant to RCW 58.17.100, all final plat approvals regardless of the number of lots created. See REV
II and REV III decisions for preliminary plat approval authority.
3. Historic. The following permit applications are included as REV I decisions:
a. Construction of a new single-family or 2-unit dwelling;
b. Addition of an accessory dwelling unit to an existing single-family or 2-unit dwelling;
c. Alteration of significant features identified in a historic resource inventory of a structure or site on
the Everett Register of Historic Places;
d. Additions of more than one hundred fifty square feet to a building with three or more dwelling units
when identified as a contributing structure and within an Everett historic overlay zone.
4. The review process for land use decisions shall be REV I unless otherwise indicated in this title, or as
otherwise determined by the planning director based on subsection B.5 below.
5. Administrative determinations made by the planning department staff that are not associated with an
application specifically identified in the unified development code and that are categorically exempt
under SEPA are not subject to the procedures and requirements of this title.
6. If the planning director determines that notice to contiguous property owners should be provided
regarding a land use decision, the planning director may require the permit application to be reviewed
using a higher level of review process than otherwise required.
C. Action Taken
Action taken on the application shall be one of the following:
1. Permit issuance or approval, which may include conditions on the project;
2. Permit denial explaining the reasons the permit was not approved; or
3. A letter explaining what additional information is necessary or other approvals which are required before
the permit can be issued.
An administrative appeal to the hearing examiner is provided. Any appeals shall be in accordance with the appeals
section of this chapter (see 15.02.600).
D. Public notice requirements
1. No public notice is required for REV I land use decisions except for shoreline permit applications as set
forth in subsection D.5 below.
2. When a project requires more than one land use permit, public notice shall follow the public notice
requirements for the highest review process.
3. The city provides a notice of application, which is a public record. These records are available upon
request and may be available electronically through the city’s open data portal or other web-based
applications.
4. Historic. Those REV I actions that are subject to review by the Historical Commission shall follow
procedures for public notice and conduct of public meetings.
5. Shorelines. Those REV I actions that are applications for shoreline management substantial development
shall provide notice as set forth in WAC 173-27-110 and EMC 15.02.110.C.3.b:
a. Notice of application within fourteen (14) days of the determination of completeness;
b. A public comment period not less than thirty (30) days following the date of notice of application,
except that comments shall be submitted within twenty (20) days for shoreline permits for limited

utility extensions or for the construction of a bulkhead or other measures to protect a single-family
residence and its appurtenant structures from shoreline erosion. See the definitions section of the
city’s shoreline master program for the definition of a limited utility extension;
c. Mailing notice to the latest recorded real property owners as shown by the records of the county
assessor within at least five hundred feet (500’) of the boundary of the property upon which the
development is proposed;
d. Mailing notice to the SEPA mailing list (unless the project is categorically exempt); and
e. Mailing notice to the neighborhood leader mailing list if applicable.
6. If the planning director determines that the land use decision should be heard by the hearing examiner
due to potential project impacts or public concerns, the planning director may require the permit
application to be reviewed using Review Process III (hearing examiner).

Description
Review Process II (“REV II”) applies to permit applications that involve a greater exercise of administrative
discretion by the planning director . No public hearing is required for REV II applications. Public notice
requirements are specified in subsection C below and EMC 15.02.100-110.
REV II decisions included
The following permit applications are included as REV II decisions:
1. Uses. The following uses identified in EMC 19.05 are REV II decisions:
a. Land use decisions identified as “Administrative Uses”, or “A” in EMC 19.05.080 - .120, Tables 5-1
through 5-5);
b. Use of basement or other building spaces in the Mixed Urban Zone (EMC 19.05.040);
c. Modification of special regulations and notes in Tables 5-1 through 5-5 (EMC 19.05);
d. Minor expansion of a Conditional Use (EMC 15.03.120.C.4);
e. Specific Uses (see EMC 19.13 for uses that are subject to REV II review);
f. Other uses shown in the special regulations and notes in Tables 5-1 through 5-5 in EMC 19.05
requiring a REV II decision.
2. Modification of development standards. The following modification of development standards allowed by
this title are included as REV II decisions:
a. Accessory Dwelling Units (EMC 19.08.100)
b. Modification of lot width requirements or on-site open space standards (EMC 19.08)
c. Modification of Specific Use standards (EMC 19.13)
d. Modification of structured parking standards (EMC 19.12.110)
3. Nonconforming. Expansion of a nonconforming use greater than 10% but less than or equal to 25% of
land or building area. (EMC 19.38)
4. Building Heights. The following modification of building heights are included as REV II decisions:
a. Amateur radio tower or antenna exceeding 65’ above base elevation (EMC 19.22.090)
b. How heights are measured (EMC 19.22.060)
5. Historic. The following permit applications are included as REV II decisions:
a. Demolition of a building identified as a contributing structure within an Everett historic overlay zone
or on the Everett Register of Historic Places, provided, however, that demolition of a building on the
Everett Register of Historic Places shall be authorized by city council;
b. Construction of any new building with three or more dwelling units if within an historic overlay zone;
c. Construction of a new clinic, commercial building, or places of worship; or
d. Deviations from Historic Overlay Zone standards and neighborhood conservation guidelines.
6. Off-street Parking. The following modification of off-street parking standards allowed by this title are
included as REV II decisions:

a. Modification of off-street parking set forth in Table 34-1 or 34-2 greater than 25% (EMC 19.34.060)
b. Modification of off-street parking location standards (EMC 19.34.100)
7. Critical areas. Development of previously altered critical areas which were unauthorized, and when the
proposal is not categorically exempt under SEPA. (EMC 19.37.250.B)
b. The development will include new construction or additions to buildings within 200 feet of the
c. The development will include the construction of docks or other in-water facilities, including fill,
9. Land Divisions. Land division applications which meet the following are included as REV II decisions:
a. Unit Lot Land Divisions (EMC 19.27)
b. Divisions of land into ten lots, but no more than fifty (50) lots by subdivision or binding site plan (EMC
19.24).
c. Reduction in lot depth (EMC 19.06.080).
d. Exception to the lot area, lot width, lot depth and setback standards for a division of land with more
than one existing single-family dwelling on one lot. (EMC 19.06.080)
10. SEPA. If a Review Process I application is not categorically exempt under SEPA, the application shall be
processed under Review Process II
11. Any permit application identified in this title as a Review Process II (REV II) decision.
Public notice requirements
Public notice of REV II decisions shall include notice of application and notice of decision.
1. General Requirements. Public notice of the notice of application shall be provided by:
a. Posting notice on or near the property with two signs no less than twenty-four inches by thirty-six
inches in size, as specified by EMC 15.02.110;
b. Posting additional signs if the project is a linear project, as specified by EMC 15.02.110;
c. Mailing notice to owners of property located within one hundred fifty feet (150’) of the subject
property, provided, however, that shoreline project permit applications shall be mailed to property
owners within five hundred feet (500’) of the boundary of the property upon which the development
is proposed;
d. Mailing notice to the SEPA mailing list (unless the project is categorically exempt); and
e. Mailing notice to the neighborhood leader mailing list if applicable.
2. Specific Land Use Notice Requirements. In addition to the general requirements outlined above, the
following notices are required as set forth below:
a. Land Divisions.
i. Right to Hearing. Pursuant to RCW 58.17.095, any REV II preliminary plat application shall include
a mailed notice which includes a statement that an open public hearing (REV III) shall be held if
any person files a request within twenty-one (21) days of publishing the notice.
ii. State Highways. Pursuant to RCW 58.17.155, whenever the city receives an application for a
short subdivision which is located adjacent to state highway right-of-way, the city shall give
written notice of the application to the Washington State Department of Transportation.
iii. Adjacent City. Pursuant to RCW 58.17.080, notice of the filing of a preliminary plat of a proposed
subdivision adjacent to or within one mile of the municipal boundaries of a city or town, or which
contemplates the use of any city or town utilities shall be given to the appropriate city or town
authorities.

iv. Airport. Pursuant to RCW 58.17.080, notice of the filing of a preliminary plat of a proposed
subdivision located within two miles of the boundary of a state or municipal airport shall be
given to the secretary of transportation and to the airport manager.
v. County. Pursuant to RCW 58.17.080, notice of the filing of a preliminary plat of a proposed
subdivision located in the and adjoining the municipal boundaries thereof shall be given to
appropriate county officials.
b. Historic. Those REV II actions that are subject to review by the Historical Commission shall follow
procedures for the conduct of open public meetings.
c. Shorelines. Those REV II actions that are applications for shoreline management substantial
development, conditional use, or variance permits shall provide notice as set forth in WAC 173-27-
110 and EMC 15.02.110.C.3.b.
Notice of Decision
1. The planning director shall provide a notice of decision on all Review Process II applications.
a. Except as otherwise provided in this title or by state law, the notice of decision shall be issued within
one hundred twenty (120) days after the determination of completeness.
b. For shoreline permits for limited utility extensions or for the construction of a bulkhead or other
measures to protect a single-family residence and its appurtenance structures from shoreline erosion,
the notice of decision shall be issued within twenty-one (21) days of the last day of the comment
period.
2. The city shall use the procedures in EMC 15.01.090 for determining the number of days that have elapsed
after the issuance of its determination that the application was complete.
3. The notice of decision shall include a statement of any SEPA threshold determination and the procedures
for any administrative appeal. The notice of decision may be a copy of the report or decision on the
project permit application.
4. The notice of decision shall be provided to the applicant and to any person who, prior to the rendering of
the decision, made a written request for a notice of the decision or submitted substantive comments on
the application.
5. Shoreline permits.
a. A notice of decision for shoreline substantial development, variance, and/or conditional use permit
shall be provided to the Washington State Department of Ecology and the Attorney General’s Office
as set forth in WAC 173-27-130.
b. For shoreline conditional use and variance permits, the Washington State Department of Ecology
issues the final decision. The Washington State Department of Ecology shall render the final decision
and notify the city and the applicant of its decision approving or disapproving the permit within thirty
(30) days of filing by the city. The city shall notify those interested persons having contacted the city
under the final decision.
Expiration of REV II decisions
1. Except as provided in subsection 2 below, a land use permit issued under REV II shall terminate if a
permittee does not apply for a building permit within three (3) years, except as follows:
a. Where a time limit on the land use permit is otherwise established under federal or state law, city
ordinance;
b. Where a development agreement has been executed (see EMC 15.03.200); or
c. Where the permittee requests an extension in writing not later than three (3) years from the land use
permit date, the planning director may grant a six (6)-month extension.
2. Land division approvals. See EMC 15.02.400 for expiration of land division approvals.

Description
Review Process III is a discretionary review process in which the land use hearing examiner may approve, approve
with conditions, modify, or disapprove an application based upon the requirements of the city’s comprehensive
plan, land use regulations, other applicable city ordinances or regulations, or any other applicable regulations
administered by federal, state, regional, or local, or other agencies. Specific criteria may apply to certain of the
listed Review Process III applications.
REV IIIA and REV IIIB decisions included
a. Uses.
i. Land use decisions identified as “Conditional Uses”, or “C” in EMC 19.05.080 - .120, Tables 5-1
through 5-5.
ii. Industrial zones along the waterfront. Requests for additional heights to accommodate industrial
activities with access to the marine shorelines or Snohomish River in EMC 19.22.070.
b. Nonconforming. Expansion of a nonconforming use greater than 25% of land or building area. (EMC
19.38)
c. Land Divisions. Land division applications which meet the following are included as REV IIIA decisions:
i. Divisions of land into fifty (50) lots or more by subdivision or binding site plan (EMC 19.24);
ii. Any preliminary plat application in which a person has filed a request for a public hearing within
twenty-one (21) days of publishing the notice.
d. Shorelines. The following shoreline permit applications are included as REV IIIA decisions:
shorelines.
e. Variances. Applications for variances from the standards of this title as set forth in EMC 15.03.140.
f. Appeals. Appeals of REV I and REV II planning director decisions, including the appeals of the
application of development standards by the planning director.
2. REV IIIB. These are actions for which the hearing examiner issues a recommendation to the city council,
who has final decision-making on these quasi-judicial decisions.
a. Rezones which do not require an amendment to the comprehensive plan;
b. Light rail station decision with development agreement (EMC 19.05.110);
c. Development agreements which do not require other actions subject to review by the planning
commission.
Public notice requirements
1. Public notice shall include notice of application, notice of open public hearing (if not in the notice of
application) and notice of decision.
2. Public notice of the notice of application shall be provided by:
a. Posting notice on or near the property with signs no less than twenty-four inches by thirty-six inches
in size, as specified by Section 15.02.110.A.1;
b. Posting additional signs if the project is a linear project, as specified by Section 15.02.110.A.2.
c. Mailing notice to the property owners located within five hundred feet (500’);
d. Mailing notice to the SEPA mailing list (unless the project is categorically exempt);
e. Mailing to the neighborhood leader mailing list if applicable; and
f. Publishing notice in the official city newspaper.
3. Land Divisions.

a. Adjacent City. Pursuant to RCW 58.17.080, notice of the filing of a preliminary plat of a proposed
subdivision adjacent to or within one mile of the municipal boundaries of a city or town, or which
contemplates the use of any city or town utilities shall be given to the appropriate city or town
authorities.
b. Airport. Pursuant to RCW 58.17.080, notice of the filing of a preliminary plat of a proposed
subdivision located within two miles of the boundary of a state or municipal airport shall be given to
the secretary of transportation and to the airport manager.
c. County. Pursuant to RCW 58.17.080, notice of the filing of a preliminary plat of a proposed
subdivision located in the and adjoining the municipal boundaries thereof shall be given to
appropriate county officials.
4. Shorelines. Those REV III actions that are applications for shoreline management substantial
development, conditional use, or variance permits shall provide notice as set forth in WAC 173-27-110
and EMC 15.02.110.C.3.b
5. Public hearing requirements.
a. Before rendering a decision on any application or making a recommendation, the hearing examiner
shall hold one open public hearing.
b. Notice of the open public hearing shall be provided at least fifteen (15) days prior to the hearing date.
The notice shall include the time and place of the public hearing.
c. The hearing examiner may continue or reconvene the hearing in order to implement the
requirements of this title.
6. REV IIIB process. In addition to subsections 1-5 above, notice of the city council meeting shall be provided
to the applicant, to parties of record from the open public hearing before the hearing examiner, to any
person who submitted substantive comments on the application, and to any person who has made a
written request to the office of city council for notice of the hearing.
7. Appeal hearings.
a. Public notice under this subsection C is not required for an appeal hearing to the hearing examiner
for a Review Process I or II decision.
b. Public notice of the appeal hearing for appeals of Review Process I or II decisions shall be provided to
parties of record to the appeal and/or as established by the hearing examiner in an order subsequent
to a prehearing conference.
c. Separate notice is not required for a SEPA appeal hearing that is consolidated with a Review Process
IIIA permit decision if notice of the open record hearing on the permit has already been given.
Expiration of REV III decisions
1. A land use permit issued under Review Process III shall terminate if a permittee does not apply for a
building permit within three (3) years, except as follows:
a. Where a time limit on the land use permit is otherwise established under federal or state law, city
ordinance;
b. Where a development agreement has been executed (see EMC 15.03.200); or
c. Where the permittee requests an extension in writing not later than three (3) years from the land use
permit date, the planning director may grant a six (6)-month extension.
2. Land division approvals. See EMC 15.02.400 for expiration of land division approvals.
15.02.090 Review Process V: Quasi-judicial City Council Review.

A. Description
Review Process V (“REV V”) applies to discretionary decisions that require a recommendation by the planning
commission and a decision by the city council. REV V actions are a quasi-judicial decision that relates to an
approval of a specific proposed project on specific property. This review process is similar to REV IIIB, except that

an open public hearing and recommendation for REV V is from the planning commission and not the hearing
examiner. See EMC 15.02.095 for discretionary legislative land use decisions of city council.
B. REV V decisions included
The following land use decisions are REV V decisions:
1. Adoption of a rezone or other zoning revision that is not of area-wide significance or general applicability;
2. Adoption of a “planned development” overlay that is not of area-wide significance or general applicability;
3. Adoption of institutional overlay zone that is not of area-wide significance or general applicability as
provided by EMC 19.31;
4. Changes or revisions to institutional overlay zone master plan which are not consistent with prior city
council approval;
5. Special aviation uses (EMC 19.13.060).
C. Public notice requirements
Public notice shall include notice of the public hearing or meeting and opportunity to comment on the application,
and a notice of the final city council action taken.
1. Notice of the public hearing or meeting, including notice of opportunity to comment, shall be provided in
the same manner for the planning commission and city council public hearings or meeting on the
application, as follows:
a. Posting notice on or near the property with signs no less than twenty-four inches by thirty-six inches
in size, as specified by EMC 15.02.110.A.1;
b. Posting additional signs if the project is a linear project, as specified by EMC 15.02.110.A.2;
c. Mailing notice to the property owners located within five hundred feet (500’);
d. Mailing notice to the SEPA mailing list (unless the project is categorically exempt);
e. Mailing notice to the neighborhood leader mailing list if applicable; and
2. Notice of the public hearing or meeting shall be provided at least fifteen (15) days prior to the hearing
date.
3. Official notice of the final city council action taken shall be provided to the applicant and to any person
who has made a written request to the office of the city council for notice of the decision. This notice shall
state the date and place for commencing an appeal.
15.02.095 Legislative Actions.

A. Description
Several land use decisions are the discretionary authority of the city council. These decisions are not subject to the
local project review procedures set forth in this chapter. These legislative actions require a recommendation from
the planning commission.
B. Decisions included
The following land use actions are considered legislative actions of the city council.
1. Adoption or amendment to the comprehensive plan or land use map;
2. Adoption or amendment of subarea plans;
3. Planned action ordinance or resolution;
4. Area-wide rezone in conjunction with a comprehensive plan land use map change;
5. Adoption or amendment to development regulations.
C. Public notice requirements
1. Public notice shall include the following:
a. Mailing to all persons who have made written request to be notified of the proposed change;
d. Mailing to the SEPA mailing list if applicable;

e. Mailing to the neighborhood leader mailing list if applicable; and
2. Notice of the public hearing or meeting shall be provided at least fifteen (15) days prior to the hearing
date.
D. Action Taken
1. The city council and planning commission shall be deemed to be acting in their legislative capacity in
taking any of the above actions. If an action is a project permit rather than of area-wide significance or
general applicability, the action shall be considered quasi-judicial in nature and shall be processed under
Review Process V.
2. In reviewing the recommendation of the planning commission, the city council shall have the authority to
approve, disapprove or modify the proposal in whole or in part, or remand the proposal in its entirety or
the portions of the proposal about which it has concerns to the planning commission for further
consideration.
Article II. Notice Requirements and SEPA Procedures
15.02.100 Notice of Application.

Notice of application will serve as the principal public notice for review of projects subject to Review Processes II
and III. Except for REV IIIB actions, a notice of application is not required for city council decisions; a notice of
application is not required for REV I actions, either.
A. Timing of notice
A notice of application shall be provided within fourteen (14) days after the issuance of a determination of
completeness for all REV II and REV III applications. For REV II, the notice of application shall be provided at least
fifteen days prior to the open public hearing before the hearing examiner.
B. Integrated Notice
1. Whenever possible, the notice of application will be combined or issued concurrently with other required
notices including the notice of completeness, SEPA notice, and notice of public hearing.
2. When a SEPA determination of nonsignificance that requires public notice under WAC 197-11-340 is
issued, both the notice of application and SEPA notice requirements (EMC 15.02.130) shall be met.
3. The planning director may issue a SEPA determination of significance concurrently with the notice of
application, in which case, the notice of application shall be combined with the determination of
significance and scoping notice. Nothing in this section prevents a determination of significance and
scoping notice from being issued prior to the notice of application.
C. Content of notice of application
The notice of application shall include the following information in whatever order or format the planning director
deems appropriate for a type of application or for a specific application. A notice of availability or summary of the
notice of application may be used for any required newspaper publication.
1. Date. The date of application, the date of the notice of completion for the application, and the date of the
notice of application;
2. Permits and Studies. A description of the proposed project action and a list of the project permits
included in the application and, if applicable, a list of any studies requested under this title or under RCW
36.70B.070;
3. Other Permits. The identification of other permits not included in the application to the extent known by
the local government;
4. Environmental Documents. The identification of existing environmental documents that evaluates the
proposed project, and the location where the application and any studies may be reviewed;

5. Public Comment Period and Future Notices. A statement of the public comment period, and statements
of the right of any person to comment on the application, receive notice of and participate in any
hearings, request a copy of the decision once made, and any appeal rights;
6. Hearings If Known. The date, time, place, and type of hearing, if applicable and if scheduled at the date of
notice of the application;
7. Preliminary Determinations. A statement of the preliminary determination, if one has been made at the
time of notice, of those development regulations that will be used for project mitigation and of
consistency with applicable development regulations as provided in RCW 36.70B.030(2), and the
comprehensive plan; and
8. Other Information. Any other information determined appropriate by the planning director.
D. Notice of appeal hearings to hearing examiner
Public notice is not required for an appeal hearing to the hearing examiner for a Review Process I or II decision.
Public notice of the appeal hearing for appeals of Review Process I or II decisions shall be provided to parties of
record to the appeal and/or as established by the hearing examiner in an order subsequent to a prehearing
conference. Separate notice is not required for a SEPA appeal hearing that is consolidated with a Review Process
IIIA permit decision if notice of the open record hearing on the permit has already been given.
15.02.110 Public notice and comments.

A. Content and timing of notice
1. Posting of Property. Where posting is required as part of a particular review process, a notice shall be
posted conspicuously in two places on or near the subject property and shall be readily accessible for the
public to review. Whenever the subject property fronts on a public street or alley, the property shall be
posted with one sign per frontage including alleys plus one additional sign for each additional one
hundred fifty lineal feet of frontage; provided, if more than a total of five hundred (500) lineal feet of
frontage exists, then the number of actual signs required and their placement shall be discretionary with
the planning director (see next paragraph on posting of linear projects). All signs required to be posted
shall remain in place until the final SEPA determination has been made.
2. Posting of Linear Projects. Signs shall be posted for linear projects, including projects that traverse
numerous properties or occur along an alignment or corridor, every one-quarter mile, or as otherwise
determined by the director, in locations readily accessible to the public. The planning director may
determine the size and content of the signs.
3. Content of Posted Signs. The posting notice shall contain the following information:
a. The name of the applicant;
b. The address or locational description of the subject property;
c. A written description of the requested action or actions;
d. Identification of the existing environmental document that evaluates the application;
e. For Review Process III, the date of public hearing, and for Review Process II, the date by which written
comments must be received;
f. The name, address, and phone number of the staff contact person;
g. A site plan; and
h. A statement regarding the availability of the notice of application and the location where the
application may be reviewed.
4. Mailing. Where mailing to contiguous or adjacent property owners is required, the content of the notice
shall meet the requirements for a notice of application and any other additional requirements for specific
project notice as set forth in this chapter. Mailing shall be by first class mail unless otherwise specified by
this chapter or by the planning director.
5. Publication in Official City Newspaper. Where publication is required as part of the notification for a
particular review process, the notification shall be published in the official newspaper designated by city

council. Notice shall be published at least fifteen days prior to the date of hearing or date of decision, as
applicable.
6. Responsibility for Notice.
a. The city shall be responsible for publication of notice.
b. The applicant shall be responsible for posting the property subject to the application in compliance
with rules established by the planning director.
c. The applicant shall provide the planning director with an affidavit of compliance with the posting
requirements of this section.
d. The applicant shall be responsible for providing a mailing list in compliance with rules established by
the planning director. The city shall be responsible for mailing the notice of application.
7. Costs. All costs of providing notice shall be borne by the applicant.
B. Electronic notice
The planning director may establish procedures for providing notice and receiving comments electronically. The
planning director may adopt forms that will facilitate the ability of applicants to file applications and to provide
information electronically and for the city to issue notices electronically.
C. Public comments
1. Comments must be in writing, shall be as specific as possible, shall be reasonably related to the factual
circumstances or development standards applicable to the proposed action.
2. Comment period on notice of application. Comments on a notice of application shall be submitted within
fourteen days of its issuance; provided, however, that the fourteen-day comment period shall commence
on the date that the site is posted or notices published or mailed, whichever occurs later. Other than
commenting on the notice of application, any other comment periods should be specified in the public
notice inviting comments.
3. Exceptions.
a. Land divisions.
i. Comments on Review Process II preliminary subdivision, or subdivisions and short subdivision
alteration or vacation applications shall be submitted within twenty (20) days of the issuance of
the notice of application.
ii. A copy of all written comments on Review Process II land divisions shall be provided to the
applicant, and the applicant will have seven (7) days from the receipt of the comments to
respond to the city.
b. Shoreline permits. Comments on shoreline substantial development, conditional use or variance
permit applications shall be submitted within thirty (30) days of the issuance of the notice of
application, except that comments shall be submitted within twenty (20) days for shoreline permits
for limited utility extensions or for the construction of a bulkhead or other measures to protect a
single-family residence and its appurtenant structures from shoreline erosion. See the definitions
section of the city’s shoreline master program for the definition of a limited utility extension.
4. Submitted means “physically or electronically received by the city.” Notice: the city does not assume any
responsibility for failure to receive comments received electronically. A sender should seek confirmation
that the city received the comments to satisfy the timing required for submission of comments.
15.02.120 SEPA Procedures.

A. Timing and Integration of SEPA
1. The primary purpose of the environmental review process is to provide environmental information to
governmental decisionmakers to be considered prior to making their decision, and to provide for
appropriate mitigation of environmental impacts in compliance with this title, the SEPA ordinance (EMC
19.43), and the SEPA rules (Chapter 197-11 WAC). The threshold determination and the EIS (if required)

should be completed at the earliest point in the planning and decision-making process, at which time,
principal features of a proposal and its environmental impacts can be reasonably identified.
2. If the responsible official determines that the information initially supplied by an applicant is not
reasonably sufficient to evaluate the environmental impacts of a proposal subject to environmental
review under SEPA, further information may be required of the applicant under WAC 197-11-100 and
197-11-335, and this chapter.
a. The environmental checklist and necessary studies and analysis supporting the environmental
checklist are part of the required permit application and are subject to the determination of
completeness or incomplete application provisions of this title.
b. Any additional information required by the responsible official must be submitted as required by this
title. Applicants should be aware that the city will evaluate projects that have incomplete or
unavailable information under WAC 197-11-080.
3. At a minimum, any DNS, MDNS, or final environmental document shall be completed prior to the city
making any decision irreversibly committing itself to adopt, approve or otherwise undertake any
proposed nonexempt action. Further, as specified in WAC 197-11-070, until the responsible official issues
a final DNS or final EIS, the city shall take no action concerning the proposal that would:
a. Have an adverse environmental impact; or
b. Limit the choice of reasonable alternatives.
4. For nonexempt proposals, the final DNS, MDNS, final EIS, or other final environmental document for the
proposal shall accompany the city’s final staff recommendation to any appropriate advisory body, such as
the planning commission; provided, however, that preliminary discussions, public workshops or
preliminary public hearings or meetings before the advisory body may occur prior to the final SEPA
determinations. Exception: the SEPA threshold determination does not need to be final prior to a public
hearing or meeting by the historic commission on a proposed project in the historic overlay zone since the
historic commission’s action is advisory to the responsible official.
5. When the city is the proponent for either a governmental action of a project nature or a governmental
action of a nonproject nature, and the city is also the lead agency, then the maximum time limits
contained in this chapter for the threshold determination and EIS process shall not apply to the proposal.
B. Use of categorical exemptions
1. The responsible official shall determine if a permit or governmental proposal initiated by the city is
categorically exempt. The determination of whether or not a proposal is exempt shall be made by:
a. Ascertaining that the proposal is properly defined and by identifying the governmental permit
required (WAC 197-11-060); and
b. Determining whether the proposal is exempt as minor new construction as set forth in EMC
19.43.130 or new infill development as set forth in EMC 19.43.140.
c. If a proposal includes a series of actions, physically or functionally related to each other, some of
which are exempt and some of which are not, the proposal shall not be exempt.
d. The responsible official’s determination that a proposal is exempt shall be final and not subject to
administrative review.
2. If a proposal includes both exempt and nonexempt actions, exempt actions may be authorized with
respect to the proposal prior to compliance with the procedural requirements of these guidelines subject
to the following limitations:
a. No nonexempt action shall be authorized;
b. No action shall be authorized that would have an adverse environmental impact or limit the choice of
reasonable alternatives;
c. The responsible official may withhold approval of an exempt action that would lead to modification
of the physical environment, when such modifications would serve no purpose if later approval of a
nonexempt action is not secured;

d. The responsible official may withhold approval of exempt actions that would lead to substantial
financial expenditures by a private applicant which would serve no purpose if later approval of a
nonexempt action is not secured.
3. A determination whether the project or proposal is categorically exempt shall be made by the responsible
official within fifteen (15) days of receiving a request for such a determination from a private applicant or
another governmental agency.
C. Environmental checklist
1. When a threshold determination is required under WAC 197-11-310 and an environmental checklist is
required under WAC 197-11-315(1)(a), a completed environmental checklist, substantially in the form
provided in WAC 197-11-960, shall be filed with the application. For any application, including
resubmitted applications, the city may use an existing SEPA determination or may require new or
additional environmental documents as provided by WAC 197-11-600, including adoption of NEPA
documents.
2. For private proposals, the city will require the applicant to complete the environmental checklist. The city
may require that it, and not the private applicant, will complete all or part of the environmental checklist
for a private proposal, if either of the following occurs:
a. The city has technical information on a question or questions contained in the environmental
checklist that is unavailable to the private applicant; or
b. The applicant has provided misleading and inaccurate information on previous proposals or on
proposals currently under consideration.
D. Mitigated DNS
1. As provided in this section and in WAC 197-11-350, the responsible official may issue a mitigated
determination of nonsignificance (mitigated DNS) for a proposal whenever:
a. The city specifies mitigation measures in its DNS and conditions the proposal to include those
mitigation measures so that the proposal will not have a probable significant adverse environmental
impact; and
b. The proposal is clarified or changed by the applicant to mitigate impacts of the proposal so that, in
the judgment of the responsible official, the proposal will not have a probable significant adverse
environmental impact.
2. After submission of an environmental checklist and prior to the city’s threshold determination, an
applicant may submit a written request for early notice of whether a determination of significance (DS) is
likely under WAC 197-11-350.
3. The responsible official should respond to the request for early notice within fifteen working days. The
response shall:
a. Be written;
b. State whether the city currently considers issuance of a DS likely and, if so, indicate the potentially
significant adverse environmental impacts that are leading the city to consider a DS; and
c. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and
revise the environmental checklist and/or permit application for the proposal as necessary to
describe the changes or clarifications.
4. As much as possible, the city should assist the applicant with identification of impacts to the extent
necessary to formulate mitigation measures.
5. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist,
the city shall base its threshold determination on the changed or clarified proposal and should make the
determination within fourteen days of receiving the changed or clarified proposal.
a. If the city indicated specific mitigation measures in its response to the request for early notice, and
the applicant changed or clarified the proposal to include those specific mitigation measures, the city
shall issue and circulate a mitigated determination of nonsignificance under WAC 197-11-340(2). The

responsible official shall reconsider the DNS based on timely comments and may retain, modify or
withdraw the DNS under WAC 197-11-340(2)(f).
6. If the city indicated potentially significant adverse environmental impacts, but did not indicate specific
mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination,
issuing a DNS or DS as appropriate.
a. The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in
writing and must be specific. For example, proposals to “control noise” or “prevent storm water
runoff” are inadequate whereas proposals to “muffle machinery to X decibel” or “construct two
hundred-foot storm water retention pond at Y location” may be adequate.
b. Environmental documents need not be revised and resubmitted if the clarifications or changes to the
proposal are stated in writing in attachments to, or documents incorporated by reference into, the
environmental review record. An addendum may be used in compliance with WAC 197-11-600 and
WAC 197-11-425.
c. If a proposal continues to have a probable significant adverse environmental impact, even with
mitigation measures, an EIS shall be prepared.
7. The city’s written response to a request for early notice under the mitigated DNS provisions of this section
shall not be construed as a determination of significance.
8. A mitigated DNS issued under WAC 197-11-340(2) or WAC 197-11-355 requires a public notice under EMC
15.02.130. Whenever possible, SEPA notice under this section or the optional DNS process will be
combined with or issued concurrently with other required notices including the notice of completeness,
notice of application, and notice of public hearing.
9. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the
permit decision and may be enforced in the same manner as any term or condition of the permit, or
enforced in any manner specifically prescribed by the city.
10. If the city’s tentative decision on a permit or approval does not include mitigation measures that were
incorporated in a mitigated DNS for the proposal, the responsible official should reevaluate the threshold
determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).
E. Preparation of EIS—Additional Considerations
1. Preparation of draft and final EISs and draft and final supplemental EISs is the responsibility of the city
under the direction of the responsible official per the procedures contained in this subsection. Before the
city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter
197-11 WAC.
2. The draft and final EIS or SEIS shall be prepared by a consultant selected by the city per the city’s adopted
procedures. However, city staff may prepare EISs for city proposals. If the responsible official requires an
EIS for a proposal, the responsible official shall notify the applicant immediately after completion of the
threshold determination. The responsible official shall also notify the applicant of the city’s procedure for
EIS preparation, including approval of the DEIS and FEIS prior to distribution.
3. The city may require that an applicant provide information the city does not possess, including specific
investigations necessary to identify potentially significant adverse environmental impacts. However, the
applicant may not be required to supply information that is not required under this chapter or WAC 197-
1-100. (The limitation does not apply to information the city may request under another ordinance or
statute.)
a. Preparation of Draft Environmental Impact Statement.
i. When an EIS is required, all information required by the SEPA rules shall be presented by the
consultant in substantially the same form as for the draft environmental impact statement in
accordance with procedures of this subsection.
ii. The responsible official shall assure that the EIS is prepared in a responsible manner and with
appropriate methodology. The responsible official shall direct the areas of research and

examination to be undertaken, as well as the organization of the resulting document in
accordance with this subsection.
iii. The draft environmental impact statement shall be prepared, or reviewed and approved, by the
responsible official prior to distribution. If, in the opinion of the responsible official, the
information provided by the consultant and/or subconsultant(s) for the draft environmental
impact statement is inadequate, erroneous, misleading, unclear, has excessive jargon, or
otherwise deficient, the responsible official will cause its distribution to be delayed for such time
as may be required to correct said deficiencies.
iv. Upon acceptance of the information required under this section for the draft environmental
impact statement, such information shall become the property of the city and the responsible
official shall possess the right to edit, reproduce, modify and distribute said information.
b. Preparation of Final Environmental Impact Statement. Upon acceptance of the draft EIS, the
responsible official shall cause its circulation and shall finalize said EIS in accordance with the
procedures required by this title and the SEPA rules.
c. Consultant Selection for Draft EIS.
i. When a DS is issued, a consultant will be selected per the city’s adopted procedures.
ii. When a DS is issued, the applicant shall solicit and provide to the responsible official statements
of qualifications for preparation of the EIS from at least three consultants.
iii. Based upon the responsible official’s review of the responses to the statement of qualifications,
the responsible official shall select a consultant and appropriate subconsultant or reject the
proposed consultant and/or subconsultant and require that the applicant solicit new statements
of qualifications. The review may include interviews with the responsible official.
iv. Upon issuance of a scoping determination by the responsible official, it shall be the responsibility
of the applicant to negotiate a contract with the consultant and any subconsultant selected by
the responsible official. The contract shall address all items in the scoping document. If there is a
conflict between the contract and the scoping document, the scoping document shall prevail.
The contract shall provide for modification to the scope based upon the results of the
environmental studies and analysis developed in the course of preparing the draft EIS. The
contract shall reserve sufficient funds for preparation of a well-written cover memo and
summary for both the draft and final EIS that meet the requirements in WAC 197-11-435 and
197-11-440(4) to synthesize the environmental analysis and evaluate and effectively
communicate the environmental choices to be made among alternative courses of action and the
effectiveness of mitigation measures, focusing on the main options that would be preserved or
foreclosed for the future. After the responsible official is notified by the consultant and/or
subconsultant that the contract with the applicant has been negotiated and executed in
accordance with the provisions of this chapter and the city’s adopted procedures, the
consultant/subconsultant work on the EIS shall commence.
v. The responsible official will meet with the consultant and any subconsultants to direct
preparation of the draft EIS. The consultant shall meet with the applicant and/or discuss the EIS
process with the applicant only when authorized by the responsible official.
vi. When the rough and preliminary draft EIS is provided to the responsible official, the consultant
shall also provide a copy to the applicant, and the applicant shall be provided an opportunity to
comment.
vii. All fees charged by the consultant and any subconsultant shall be the responsibility of the
applicant. In no event shall the city be responsible for any such fees charged by the consultant or
subconsultant except when the city is the applicant. All consultant and subconsultant contracts
shall include language which recognizes that payment of the consultant/subconsultant fees shall
be the sole responsibility of the applicant and not the responsibility of the city.

viii. In the event the actions or inactions of the consultant/subconsultant jeopardize the EIS process
as defined herein, the responsible official is authorized to impose penalties in accordance with
rules adopted by the responsible official. Such rules shall be incorporated into the
consultant/subconsultant contract and the contract shall be consistent with said rules.
d. Consultant/Applicant Responsibilities. When a consultant prepares a draft, final or supplemental EIS,
the following responsibilities are hereby specified (for purposes of this section, the term EIS includes
any graphics, supporting materials, and technical studies):
i. Consultant and subconsultant selected by city;
ii. City determines the scope of the EIS in compliance with WAC 197-11-360, and WAC 197-11-408
or WAC 197-11-410 as appropriate;
iii. Applicant negotiates and executes contract with consultant and required subconsultants;
iv. Consultant submits information in the form of a rough draft EIS to city and applicant;
v. Applicant reviews and provides comments on rough draft EIS to city;
vi. City reviews the rough draft EIS and applicant’s comments;
vii. City prepares review comments and directs changes to the document;
viii. Consultant prepares preliminary draft of EIS;
ix. City approves preliminary draft EIS or directs that further revisions be made;
x. Consultant prepares approved draft EIS in sufficient quantity to satisfy WAC 197-11-455. The
specific number shall be determined by the responsible official;
xi. Consultant circulates draft EIS to agencies with expertise and jurisdiction, affected tribes and
persons requesting a copy in compliance with WAC 197-11-455;
xii. City reviews comments and directs consultant in preparation of changes and additions to draft
EIS, responses to draft EIS comments and preparation of final EIS, including reasonable
alternatives or modified alternatives and environmental impacts that might not have been
studied or fully evaluated in the draft EIS, using the same sequence of rough and preliminary final
EIS as described above for the draft EIS;
xiii. Consultant prepares final EIS;
xiv. Consultant circulates final EIS in compliance with WAC 197-11-460.
e. Public notice shall be given as specified in EMC 15.02.130 at the expense of the applicant.
15.02.130 Notice of SEPA determinations.

A. Overview
To the maximum extent feasible, SEPA notice shall be integrated into the other public notice requirements,
including the notice of application process. Where a specific form of notice is required by both notice for the
applicable review process and notice under SEPA, a single integrated notice shall meet the notice requirements
(e.g., a single publication in the newspaper shall be sufficient to meet the publication requirements under both
sections).
B. SEPA and Neighborhood Leader Mailing Lists
1. The city shall establish a SEPA mailing list consisting of all public or private groups or individuals who
submit a written request with the responsible official that they be notified of all SEPA actions which
require public notice under WAC 197-11-510.
2. The city shall also establish a neighborhood leader mailing list, which shall include the duly elected
chairperson of each neighborhood group. It shall be the responsibility of the neighborhood chairperson or
his/her designated representative to notify the responsible official in writing of the name and mailing
address of his/her successor. “Neighborhood group” means a group representing a specified geographic
area within the city which is formally recognized by the city’s office of neighborhoods and which has
elected officers and representatives on the council of neighborhoods.

C. Optional DNS process
1. To provide for an integrated project review process, the city will use the optional DNS process as set forth
in WAC 197-11-355, unless the responsible official determines that another SEPA threshold determination
process would more effectively implement SEPA procedures and requirements. A single comment period
shall be used unless the responsible official determines that substantial new information regarding the
environmental impacts of the proposal has been received during the comment period and that an
additional public comment period on the new information is necessary.
2. If the city uses the optional process specified in subsection C.1 of this section, the city shall:
a. State on the first page of the notice of application that it expects to issue a DNS for the proposal, and
that:
i. The optional DNS process is being used;
ii. This may be the only opportunity to comment on the environmental impacts of the proposal;
iii. The proposal may include mitigation measures under applicable codes, and that project review
process may incorporate or require mitigation measures regardless of whether an EIS is
prepared; and
iv. A copy of the subsequent threshold determination for the specific proposal may be obtained
upon request;
b. List in the notice of application the conditions being considered to mitigate environmental impacts, if
a mitigated DNS is expected;
c. Provide a notice of application and SEPA public notice as required by EMC 15.02.100.B.
d. Send the notice of application and environmental checklist (or other environmental document if
applicable) to:
i. Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or
political subdivision whose public services would be changed as a result of implementation of the
proposal; and
ii. Anyone requesting a copy of the environmental checklist of the specific proposal.
3. If the city indicates on the notice of application that a DNS is likely, an agency with jurisdiction may
assume lead agency status during the comment period on the notice of application (WAC 197-11-948).
4. The responsible official shall consider timely comments on the notice of application and either:
a. Issue a DNS or mitigated DNS (or other environmental document if applicable) with no comment
period using the procedures in subsection C.5 of this section.
b. Issue a DNS or mitigated DNS (or other environmental document if applicable) with a comment
period using the procedures in subsection C.5 of this section, if the lead agency determines a
comment period is necessary;
c. Issue a DS; or
d. Require additional information or studies prior to making a threshold determination.
5. If a DNS or mitigated DNS is issued under subsection C.4.a of this section, the lead agency shall send a
copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those who
commented, and anyone requesting a copy. A copy of the environmental checklist need not be
recirculated.
D. Notice of SEPA Threshold Determinations
Whenever the city issues a DNS under WAC 197-11-340(2) or 197-11-355, or a DS under WAC 197-11-360(1), the
city shall give public notice as follows:
1. For site specific proposals, notice shall be given by:
a. Mailing notice to the SEPA mailing list established under subsection B of this section;
b. Posting notice as specified by EMC 15.02.110.
2. For nonproject or other proposals that are not site specific (e.g., city or areawide), notice shall be given
by:

a. Mailing notice to the SEPA mailing list established under subsection B of this section; and
b. Publishing notice in the official city newspaper.
3. In exceptional circumstances, where it is determined that methods of notice provided for SEPA notice in
this subsection would not provide adequate public notice of a proposed action, the responsible official
may require additional notice or notice by another reasonable method. Failure to require such additional
or alternative notice shall not be a violation of any notice procedure.
4. Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping procedure for
the proposal in the DS as required in WAC 197-11-408.
E. Notice of Draft EIS
Whenever the city issues a draft EIS under WAC 197-11-455(5) or a draft supplemental EIS under WAC 197-11-620,
notice of the availability of those documents shall be given by:
1. Indicating the availability of the DEIS in any public notice required for a nonexempt permit;
2. Publishing notice in the official city newspaper;
3. Mailing a notice of availability to the SEPA mailing list and the neighborhood leader mailing list
established under subsection A of this section; and
4. Sending the DEIS to other agencies and persons requesting a copy of the DEIS, as specified in WAC 197-
11-455.
F. Notice of Final EIS
Whenever the city issues a final EIS under WAC 197-11-460 or a final supplemental EIS under WAC 197-11-620,
notice of the availability of those documents shall be given by:
1. Indicating the availability of the FEIS in any public notice required for a nonexempt permit;
2. Mailing notice of availability to anyone who received or commented on the DEIS, as provided by WAC
197-11-460.
3. Sending the FEIS to all agencies with jurisdiction, to all agencies who commented on the DEIS, and to
anyone requesting a copy of the FEIS.
G. The city may require an applicant to complete the public notice requirements for the applicant’s proposal at
his or her expense.
15.02.140 Temporary outdoor encampments, safe parking areas or tiny home communities.
Temporary outdoor encampments, safe parking areas or tiny home communities are subject to the following
notice requirements, review process and appeal procedures.
1. Public Meeting. A minimum of forty-five calendar days prior to the anticipated start of the encampment,
the sponsor and/or managing agency shall submit an application for a temporary use permit to the
planning department and shall participate in a public information meeting organized by the city. The city
shall provide mailed notice of the public informational meeting at least ten calendar days before the
meeting to the following: (a) owners of property within five hundred feet of the subject property;
(b) office of neighborhoods; and (c) any neighborhood organization in the vicinity of the temporary
outdoor encampment, safe parking areas or tiny home communities site whose contact information is
known to or made known to the managing agency. The sponsor and/or managing agency shall provide to
the city the names and addresses of all owners of property within five hundred feet of the subject
property. The purpose of the meeting is to provide the surrounding community with information
regarding the proposed duration and operation of the temporary outdoor encampment, safe parking
areas or tiny home communities, conditions that will likely be placed on the operation of the temporary
outdoor encampment, safe parking areas or tiny home communities, requirements of the written code of
conduct, and to answer questions regarding the temporary outdoor encampment, safe parking areas or
tiny home communities.
2. Notice of Application for temporary outdoor encampments, safe parking areas or tiny home communities.

a. A notice of application and copy of the application for temporary outdoor encampment, safe parking
areas or tiny home communities shall be provided prior to the decision regarding the issuance of the
permit. The purpose of the notice is to inform the surrounding community of the application. Due to
the administrative and temporary nature of the permit, there is no comment period. The notice shall
contain, at a minimum, the date of application, project location, proposed duration and operation of
the temporary outdoor encampment, safe parking areas or tiny home communities, number of
residents for the encampment, conditions that will likely be placed on the operation of the temporary
outdoor encampment, safe parking areas or tiny home communities, and requirements of the written
code of conduct.
b. The completed application shall contain at a minimum contact information for the applicant and
detailed information regarding how the applicant will meet the requirements of the temporary use
permit and the requirements of the International Fire Code. The managing agency of any
encampment that includes a tent or membrane structure in excess of two hundred square feet, and
canopies in excess of four hundred square feet, as defined by the International Fire Code, shall also
obtain a permit and approval for the tent, canopy or membrane structure from the fire marshal. The
form of the notice and the application shall be provided by the planning department upon request by
the sponsor and/or managing agency. The planning department shall distribute this notice as follows:
i. A copy of the notice and application, or summary thereof, will be published in the official
newspaper of the city at least ten calendar days prior to the decision regarding the issuance of
the permit.
ii. A copy of the notice and application, or summary thereof, will be mailed to:
(A) Owners of all property within five hundred feet of any boundary of the subject property;
(B) Office of neighborhoods; and
(C) Any neighborhood organization in the vicinity of the temporary outdoor encampment, safe
parking areas or tiny home communities site whose contact information is known to or
made known to the managing agency, at least ten calendar days prior to the decision
regarding the issuance of the permit.
3. Review Process, Notice of Decision Regarding Issuance of Permit, and Appeal Procedure. After review of
the application for temporary outdoor encampment, safe parking areas or tiny home communities, the
planning director shall make a decision regarding the issuance of a temporary use permit. A notice of such
decision stating whether the permit is granted or denied, along with information regarding the procedure
for appeal of the decision, shall be mailed as required for the notice of application within three business
days after the decision. The information regarding the procedure for appeal shall state at a minimum as
follows:
a. The deadline for filing a notice of appeal of the planning director’s decision is fifteen calendar days
from the date the decision is mailed; and
b. The notice of appeal of the planning director’s decision shall be filed with the city clerk.
c. The planning director’s decision may be appealed to the city’s hearing examiner, who has jurisdiction
to hear this matter and who will issue the final decision of the city after a public hearing. The notice
of the time and place of the public hearing shall be provided to the applicant and to any person who,
prior to the rendering of the decision on the permit, made a written request for notice or submitted
substantial comments on the application for the permit.
d. The public hearing procedures shall be as specified in Section 15.24.400. The hearing examiner shall
issue findings within ten business days of the conclusion of the hearing. Within three business days of
rendering the written decision, copies shall be mailed to the applicant and all who have requested
notice by signing a register provided at the hearing. The hearing examiner’s decision shall constitute
the city’s final decision. Any appeal of the city’s final decision may only be made to Snohomish County
superior court in accordance with Chapter 36.70 RCW. The burden of proof on appeal shall be on the
appellant.

4. Additional Requirements for Applications Requesting Modification of Standards for Temporary outdoor
encampment, safe parking areas or tiny home communities.
a. The applicant may apply for a temporary use permit that applies standards that differ from those in
EMC 19.08.200.B only where, in addition to satisfying the requirements in EMC 19.05.068, the
applicant submits a description of the standard to be modified and demonstrates how the
modification would result in a safe temporary outdoor encampment, safe parking areas or tiny home
communities under the specific circumstances of the application. Such requests shall be reviewed by
the city’s hearing examiner at a public hearing. The hearing examiner shall make a decision regarding
the issuance of a temporary use permit and modification of standards. The notice of the time and
place of the public hearing shall be provided to the applicant and to any person who, prior to the
rendering of the decision on the permit, made a written request for notice or submitted substantial
comments on the application for the permit. The public hearing procedures shall be as specified in
Section 15.02.200.
b. The hearing examiner shall issue findings within ten business days of the conclusion of the hearing.
Within three business days of rendering the written decision, copies shall be mailed to the applicant
and all who have requested notice by signing a register provided at the hearing. The hearing
examiner’s decision shall constitute the city’s final decision. Any appeal of the city’s final decision may
only be made to Snohomish County superior court in accordance with Chapter 36.70 RCW.
c. In considering whether the modification should be granted, the city shall first consider the effects on
the health and safety of residents and the community. The burden of proof shall be on applicant.
Article III. Hearing Examiner Procedures
15.02.200 Hearing examiner Procedures.

The following procedures apply to where this title requires the hearing examiner to conduct open public hearings.
A. Project Review
The hearing examiner shall receive and examine available information including environmental checklists and
environmental impact statements, conduct public hearings, prepare a record thereof, enter findings of fact and
conclusions based upon those facts, and enter decisions as provided herein.
B. Final action
The decisions of the hearing examiner shall represent the final action on the applications and decisions specified in
Review Process IIIA, including consolidated SEPA appeals on these actions. The recommendations of the hearing
examiner shall not represent final action on the applications and decisions specified in Review Process IIIB; the city
council decision following any remand shall represent final action.
C. Reports by city staff and applicant/appellant
1. When an application has been set for public hearing, the planning department or other appropriate city
departments shall coordinate and assemble the comments and recommendations of other city
departments and governmental agencies having an interest in the subject application and shall prepare a
report summarizing the factors involved and the proposed findings and recommendations.
2. At least five (5) working days prior to the scheduled hearing, the report shall be filed with the hearing
examiner and copies thereof shall be mailed to the applicant and made available for use by any interested
party for the cost of reproduction; provided, however, any appeal heard by the hearing examiner under
this title shall be subject to the procedures in the appeals section of this title.
D. Open public hearing
Before rendering a decision on any application or appeal or making a recommendation, the hearing examiner shall
hold one open public hearing thereon. Notice of the time and place of the public hearing and hearing procedures

are specified in EMC 15.02.080.C. The hearing examiner may continue or reconvene the hearing in order to
implement the purposes and provisions of this title.
E. Decision, recommendation, conditions
1. Applicable to All Actions. The hearing examiner’s decision or recommendation may be to grant or deny
the applications, or the hearing examiner may recommend or require of the applicant such conditions,
modifications and restrictions as the hearing examiner finds necessary to make the project compatible
with its environment and carry out the objectives and goals of the city’s environmental policy ordinance,
comprehensive plan, shoreline master program, other applicable plans and programs adopted by the city
council, the unified development code (Title 19), other applicable codes and ordinances of the city and
regulations of other agencies. The scope of the hearing examiner’s review for any hearing,
recommendation, or decision on a proposed permit or appeal is further specified in EMC 15.02.600.
Conditions, modifications and restrictions which may be imposed are, but are not limited to:
a. Exact location and nature of development, including additional building and parking area setbacks,
screening in the form of landscaped berms, landscaping or fencing;
b. Measures to avoid or otherwise mitigate the adverse environmental impacts of the development;
c. Hours of use or operation or type and intensity of activities;
d. Sequence and scheduling of the development;
e. Maintenance of the development;
f. Duration of use and subsequent removal of structures;
g. Granting of easements and dedications of roads, walkways, utilities or other purposes and dedication
of land or other provisions for public facilities, the need for which the hearing examiner finds would
be generated in whole or in significant part by the proposed development;
h. Provisions which would bring the proposal into compliance with the comprehensive plan;
i. Posting of assurance devices as required to insure compliance with any conditions, modifications
and/or restrictions imposed on the proposal.
2. Additional Considerations. The hearing examiner shall consider criteria for land use actions set forth in
EMC 15.03.
3. Findings required. When the hearing examiner renders a decision or recommendation, the hearing
examiner shall make and enter written findings and conclusions from the record on all issues presented to
the hearing examiner, which support such recommendation or decision. Unless the applicant agrees to an
extension or the hearing examiner is hearing an appeal, the hearing examiner shall render a decision or
recommendation, as applicable, within ten (10) working days of the conclusion of a hearing.
4. Notice of decision.
a. Not later than three (3) working days following the rendering of a written decision or
recommendation, copies shall be mailed to the applicant and to other persons who have requested
notice of the decision by signing a register provided at the hearing. Alternatively, the city may
transmit the decision electronically to any person who so indicates on the register at the hearing. The
city shall retain the right to charge a reasonable fee to recover costs associated with providing such
copies. The person mailing such decision shall prepare an affidavit of mailing, in standard form, and
such affidavit shall become a part of the record of such proceedings.
b. If the hearing examiner is making a recommendation to the city council, the recommendation and a
copy of the hearing examiner’s record shall be transmitted to the city council.
c. Shoreline permits.
i. A notice of decision for shoreline substantial development, variance, and/or conditional use
permit shall be provided to the Washington State Department of Ecology and the Attorney
General’s Office as set forth in WAC 173-27-130.
ii. For shoreline conditional use and variance permits, the Washington State Department of Ecology
issues the final decision. The Washington State Department of Ecology shall render the final

decision and notify the city and the applicant of its decision approving or disapproving the permit
within thirty (30) days of filing by the city. The city shall notify those interested persons having
contacted the city under the final decision.
5. Reconsideration. Any aggrieved party of record who has actively participated in the hearing before the
hearing examiner may file a written request for reconsideration with the hearing examiner within ten (10)
working days after the written decision of the hearing examiner has been rendered. “Actively participated
in the hearing before the hearing examiner” means the party has submitted oral or written testimony,
excluding persons who have merely signed a petition. This request shall set forth the specified errors of
fact and/or law relied upon. The hearing examiner may deny the request in writing or issue a revised
decision or reconvene the public hearing. If the hearing is reconvened, notice of said reconvened hearing
shall be mailed to all parties of record not less than ten (10) working days prior to the hearing date. The
hearing examiner’s written decision shall be rendered within fifteen (15) working days of the conclusion
of the reconvened hearing. Notice of the decision shall be provided as specified in subsection E.4 above.
6. Remand from council. When the city council entertains a recommendation from the hearing examiner,
the city council may accept the findings or conclusions of the hearing examiner, remand the
recommendation to the hearing examiner or reverse the decision of the hearing examiner. Council’s
action shall be based upon the hearing examiner’s record. No new information or evidence may be
presented to the city council. After receiving the recommendation following remand, the city council shall
either accept the recommendation of the hearing examiner or reverse the decision of the hearing
examiner.
7. Dismissal – Exhaustion.
a. Under a motion filed by the city or a party to the appeal, the hearing examiner may summarily
dismiss an appeal or application in whole or in part without hearing when the hearing examiner
determines that the appeal or application is untimely, without merit on face, frivolous, beyond the
scope of his/her jurisdiction, brought merely to secure a delay or that the applicant/appellant lacks
standing. If the hearing examiner issues a dismissal order, the hearing examiner shall explain the
reasons for the dismissal.
b. If the hearing examiner issues an order requiring the applicant, or any other party to the appeal, to
provide additional information within a specified time period, and the party to which the order is
directed fails to provide the information by the required deadline, the hearing examiner may dismiss
the appeal, issue a decision on the basis of information in the record, or take other action as deemed
appropriate by the hearing examiner.
c. No person may seek judicial review of any decision or determination of the city unless the person first
exhausts the administrative remedies provided by the city, except for an appeal of a determination
by the planning director that a proposed land use is in violation of the unified development code.
8. Jurisdiction retained by hearing examiner. Whenever the hearing examiner renders a decision, the
hearing examiner retains jurisdiction for the purpose of making minor changes. A “minor change” is one
or more changes which do not alter the scope of the decision.
a. Upon receipt of an application for a minor change, the hearing examiner may approve or disapprove
a minor change by issuance of a written order.
b. It shall be the discretion of the hearing examiner to reconvene the hearing. If the hearing examiner
does not reconvene the hearing, the hearing examiner may request written clarification or comments
of the minor changes. Such comments will become part of the official record.
c. Copies of the order shall be mailed to all parties of record. Within ten (10) days of the issuance of the
order, a party of record may submit a written request with the hearing examiner’s office requesting a
hearing. Upon receipt of such request, the hearing examiner’s order approving the minor change will
be stayed pending the hearing. Absent receipt of a request for hearing, the order shall become final
upon expiration of the ten-day period.

d. An open record hearing on a proposed change shall be considered a subsequent action and is not
barred by the limitation on a single open record hearing for a land use permit.
9. For the purposes of this subsection, the hearing examiner shall have all the powers of the planning
director (except for that of the SEPA responsible official), and those powers necessary to fulfill his/her
function as land use hearing examiner, including recommendations for docketing revisions to plans and
development regulations (see EMC 15.02.700).
Article IV. Shoreline Permit Procedures
15.02.300 Shoreline permit procedures.

A. Shoreline permit issuance
1. Letter of Exemption. Whenever a development is determined by the city to be exempt from substantial
development permit requirements and the development is subject to a United States Corps of Engineers
Section 10 permit under the River and Harbor Act of 1899, or a Section 404 permit under the Federal
Water Pollution Control Act of 1972, the planning director shall prepare a letter addressed to the
applicant and the Department of Ecology, exempting the development from the shoreline permit
requirements of this chapter. This exemption letter shall be substantially as described in WAC 173-27-050.
2. When Construction Authorized. Development under a shoreline permit shall not begin and shall not be
authorized until twenty-one (21) days from the date of filing, or until all review proceedings, initiated
within twenty-one (21) days from the date of such filing, have been terminated, except as provided in
RCW 90.58.140(5)(b) and (c).
a. For purposes of a substantial development permit, “date of filing” means the date the actual receipt
of the decision by the Department of Ecology. For purposes of any permit that requires a variance or
a conditional use, the “date of filing” means the date a decision by the Department of Ecology is
transmitted to the city of Everett.
b. In addition, each permit for a substantial development, conditional use, or variance issued by the city
should contain a provision that construction is not authorized until twenty-one (21) days from the
date of filing, or until all review proceedings initiated within twenty-one (21) days from the date of
such filing have been terminated, except as provided in RCW 90.58.140(5)(b). Absence of the
provision in a shoreline permit shall not affect enforcement of this requirement.
3. Conditions on Shoreline Permits. In granting or extending a permit, the planning director or examiner may
attach conditions or modifications and restrictions regarding the location, character or other features of
the proposed development as is necessary to make the permit compatible with the criteria set forth in the
shoreline master program and this title.
4. Other Applicable Requirements. Issuance of a shoreline permit does not exempt the applicant from
meeting requirements in other agency permits, procedures and regulations.
B. Time requirements of shoreline permits.
The time requirements in subsections 1 and 2 of this subsection shall apply to all shoreline permits, including
substantial development permits, variances and conditional uses, unless a different time requirement is specified
in the permit as provided in subsection 3 of this subsection. The time frames established in subsections 1 and 2 of
this subsection do not include the time during which a use or activity was not actually pursued due to the
pendency of administrative appeals, or legal actions or due to the need to obtain any other government permits
and approvals for the development that authorize the development to proceed, including all reasonably related
administrative or legal actions on any such permit or approvals.
1. Construction must be commenced or, where no construction activities are involved, the use or activity
shall be commenced within two (2) years of the effective date of a shoreline permit. The city may, at its
discretion, extend the two-year time period for a reasonable time based on reasonable factors, if a

request for extension has been filed before the expiration date and notice of the proposed extension is
given to parties of record and to the Department of Ecology.
2. If a project for which a shoreline permit has been granted under these procedures has not been
completed within five (5) years after the effective date of the permit, if a request for extension has been
filed before the expiration date and notice of the proposed extension is given to parties of record and to
the Department of Ecology, the permit shall, at the end of the five-year period, be reviewed and, upon a
showing of good cause, the city shall do either of the following:
a. Extend the permit for one year; or
b. Terminate the permit.
3. Upon a finding of good cause, based on the requirements and circumstances of the project proposed and
consistent with the policy and provisions of the master program and the Shoreline Management Act, the
city may apply different time limits from those set forth in subsections 1 and 2 of this subsection.
C. Process for revisions to shoreline permits.
When an applicant proposes substantive changes to the design, terms or conditions of a project from that which is
approved in a permit issued under any review process, the applicant shall submit detailed plans and text to the
planning director describing the proposed changes in relation to the original permit. Changes are substantive if
they materially alter the project in a manner that relates to its conformance to the terms and conditions of the
permit, the master program and/or the policies and provisions of Chapter 90.58 RCW. Changes that are not
substantive in effect do not require approval of a revision.
1. For revisions not requiring a conditional use permit or variance, if the planning director determines that
the proposed changes are within the scope and intent of the original permit, the planning director shall
approve a revision. The revised permit shall become effective immediately. The approved revision along
with copies of the revised site plan and text as necessary to clearly indicate the authorized changes, and
the final ruling on consistency with this section, shall be submitted to the Department of Ecology, the
Attorney General, and to persons who received a copy of the original notice of decision for the application
under this title.
2. For revisions requiring a conditional use permit or variance, if the planning director determines that the
proposed changes are within the scope and intent of the original permit, the planning director shall
submit the revision to the Department of Ecology for approval, approval with conditions, or denial, and
shall indicate that the revision is being submitted under the requirements of WAC 173-27-100(6). The
Department of Ecology shall render and transmit to the city and the applicant its final decision within
fifteen (15) days of the date of the department’s receipt of the submittal from the city. The city shall
notify parties of record of the department’s final decision. The revised permit is effective upon final action
by the Department of Ecology. Appeals shall be in accordance with the appeals section of EMC 15.02.600.
3. For purposes of this section, “within the scope and intent of the original permit” means all of the
following:
a. No additional over water construction is involved except that pier, dock, or float construction may be
increased by five hundred (500) square feet or ten percent (10%) from the provisions of the original
permit, whichever is less;
b. Ground area coverage and height may be increased a maximum of ten percent (10%) from the
provisions of the original permit;
c. The revised permit does not authorize development to exceed height, lot coverage, setback, or any
other requirements of the applicable master program except as authorized under a variance granted
as the original permit or a part thereof;
d. Additional or revised landscaping is consistent with any conditions attached to the original permit and
with the applicable master program;
e. The use authorized under the original permit is not changed; and
f. No increased adverse environmental impact will be caused by the project revision.

4. If a revision to a permit is authorized after the original permit expired, the purpose of such revisions shall
be limited to authorization of changes which are consistent with this section and which would not require
a permit for the development or change proposed under the terms of Chapter 90.58 RCW, WAC 173-27-
110, or the city’s shoreline master program. If the proposed change constitutes substantial development,
then a new permit is required.
5. If the proposed changes or the sum of the proposed revision and any previously approved revisions are
not within the scope and intent of the original permit, the applicant shall apply for a new shoreline permit
in the manner provided for in this chapter.
6. An application for a new permit may use or rely upon previous environmental review and supporting
studies (such as biological assessments), as provided by the SEPA ordinance (EMC 19.43).
D. Enforcement provisions for shoreline regulations.
The city adopts by reference the enforcement provisions of WAC 173-27-240 through WAC 173-27-300. Further,
any person, firm or corporation who violates any provision of the city’s shoreline regulations shall be subject to the
city’s civil enforcement procedures set forth in Chapter 1.20. The enforcement provisions and procedures provided
herein are not exclusive and the city is authorized to pursue any remedy it deems appropriate or is otherwise
provided by law.
Article V. Land Division Procedures
15.02.400 Land division expirations and resubdivision.

A. Expiration of Preliminary Subdivision Approval.
Final subdivision approval must be obtained within the time limits established in RCW 58.17.140, after which time
the preliminary approval will be void. An extension may be granted by the city for one year if the applicant has
attempted in good faith to submit the final plat within the time period; provided, however, that the applicant files
a written request with the planning director requesting the extension at least thirty (30) days before expiration of
the time period.
B. Expiration of Preliminary Short Subdivision or Preliminary Binding Site Plan Approval.
Final short subdivision or final binding site plan approval must be obtained within five years of the date of
preliminary approval, after which time the preliminary approval will be void. An extension may be granted by the
city for one year if the applicant has attempted in good faith to submit the final short plat or binding site plan
within the time period; provided, however, that the applicant files a written request with the planning director
requesting the extension of at least thirty (30) days before the expiration of the time period. In the event of any
public emergency declared by the mayor or city council, an additional extension of one year may be granted.
C. Expiration of Preliminary Subdivision Alteration or Vacation Approval.
Final subdivision alteration or vacation approval must be obtained within five years of the date of preliminary
approval, after which time the preliminary approval will be void. An extension may be granted by the city for one
year if the applicant has attempted in good faith to submit the final plat alteration or vacation within the five-year
time period; provided, however, the applicant must file a written request with the planning director requesting the
extension at least thirty (30) days before expiration of the five-year period. In the event of any public emergency
declared by the mayor or city council, an additional extension of one year may be granted.
D. Expiration of Preliminary Short Subdivision Alteration or Vacation Approval.
Final short subdivision alteration or vacation approval must be obtained within five (5) years of the date of
preliminary approval, after which time the preliminary short subdivision alteration or vacation approval will be
void. No extension may be granted by the city to the applicant, except in the event of any public emergency
declared by the mayor or city council, an additional extension of one year may be granted.

E. Expiration of Approval for a Binding Site Plan with a Previously Approved Site Plan.
Final binding site plan approval must be obtained within the time frames established for the previously approved
site plan. If the binding site plan with the previously approved site plan is totally constructed, the time frame shall
be three years from the date the city notifies the applicant that the application is complete, after which time the
binding site plan approval will be void. No extension may be granted by the city to the applicant except in the
event of any public emergency declared by the mayor or city council, an additional extension of one year may be
granted.
F. Expiration of Boundary Line Adjustment Approval.
The applicant must submit and complete all required documents as specified by this title within six (6) months
following the date the applicant is notified that the boundary line adjustment would be approved upon submittal
of all the required final documents for recording. Failure to submit and complete the required documents within
the six-month period will result in the application becoming void. No time extension will be granted except in the
event of any public emergency declared by the mayor or city council, an additional extension of one year may be
granted. The final required documents must be recorded within the above stated time frame.
G. Valid Land Use for Subdivision.
As required by RCW 58.17.170, a subdivision shall be governed by the terms of the approval of the final plat, and
any lots created thereunder shall be a valid land use notwithstanding any change in zoning laws for a period of five
years, unless the city council finds that a change in conditions in the subdivision creates a serious threat to the
public health or safety.
H. Unit Lot Subdivisions
1. Ten (10) lots or more. For unit lot subdivisions with ten units or more, see EMC 15.02.400.A.
2. Less than 10 lots. For unit lot subdivisions with less than ten units, see EMC 15.02.400.B.
I. Resubdivision restrictions for short subdivisions.
1. Five-Year Restriction. Land within an approved short subdivision shall not be resubdivided for a period of
five years from the date of final approval of the short subdivision without the submission and approval of
a final subdivision under all provisions of this title concerning the subdivision of land into ten or more lots,
tracts or parcels.
2. Nine-Lot Restriction. When the original short subdivision contains nine or less lots, the above restrictions
shall not apply to the creation of additional lots, not exceeding a total of nine. If the number exceeds nine,
a new application must be filed and processed. After five years, further division may be permitted when
otherwise consistent with the regulations of the city.
3. Withdrawal of Application. Where there have been no dedications to the public and no sales of any lots in
a short subdivision, nothing contained in this section shall prohibit an applicant from completely
withdrawing his entire short subdivision application and thereafter presenting a new application.
Article VI. Planned Action Review
15.02.500 Planned action project review.

A. Planned action review process
The review process for a project that is proposed as a planned action shall be determined by the permits required
for the planned action. Because an environmental impact statement will previously have been prepared, review of
a project proposed as a planned action is intended to be simpler and more focused than for other projects. A
planned action includes a type of project action, or a subsequent project that implements an adopted subarea
plan, master planned development, or phased project, that is designed by ordinance or resolution as a planned
action and meets the criteria in RCW 43.21C.031(2)(a).

B. Verification
A project proposed as a planned action shall be reviewed for consistency with the comprehensive plan and
adopted planned action ordinance and for compliance with applicable development regulations and city
ordinances.
To determine whether a proposed action qualifies as a planned action, planned action project review shall include:
1. Verification that the project meets the description in, and will implement any applicable conditions or
mitigation measures identified in, the designating ordinance or resolution; and
2. Verification that the probable significant adverse environmental impacts of the project have been
adequately addressed in the prior environmental impact statement through review of an environmental
checklist or modified environmental checklist form provided by the city for this purpose as allowed by
WAC 197-11-172 and 197-11-315.
C. Mitigation, public notice, and appeals
All projects processed as planned actions shall comply with mitigation requirements set forth in applicable
development regulations and city ordinances and the adopted planned action ordinance or resolution. Through
the local project review process, the city may place conditions on the project in order to mitigate nonsignificant
impacts. Public notice and appeal procedures for projects that qualify as planned actions shall follow the
requirements for the project permit. If notice is required, the notice shall state that the project has qualified as a
planned action.
Article VII. Appeals
15.02.600 Appeals.
Depending on the type of permit, an appeal may be to the hearing examiner (“administrative appeal”) or to court
(“judicial appeal”). If an administrative appeal is provided, it must be used before going to court. Generally, any
administrative appeals must be filed with the city within fourteen days of the notice of decision, and any judicial
appeals must be filed with the superior court within twenty-one days.
A. Scope of project review and appeals
As required by RCW 36.70B.030, except for issues of code interpretation, neither the city nor any reviewing body
shall reexamine alternatives to or hear appeals on the following items:
1. Type of land use permitted at the site, including uses that may be allowed under certain circumstances,
such as planned unit development and conditional and special uses, if the criteria for their approval have
been satisfied;
2. Density of residential development in urban growth area; and
3. Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or
development regulations provide for funding of these facilities as required by Chapter 36.70A RCW.
B. Time limit for appeal decisions
Land use permit decisions and SEPA determinations, including the adequacy of a final EIS, shall be appealable as
provided for in this section. For purposes of this section, a final decision means the decision issued after any
reconsideration or remand if applicable. The time period for hearing and deciding an administrative appeal to the
city shall not exceed ninety (90) days. However, the parties to an appeal may agree to extend this time period. This
appeal period is not included in the time limit for issuing a permit (EMC 15.01.080).
C. SEPA appeals
The city establishes the following administrative appeal procedures under the SEPA ordinance (EMC 19.43), RCW
43.21C.075 and WAC 197-11-680. For purposes of this subsection, “EIS” means a final environmental impact
statement, final supplemental environmental impact statement, or a notice of adoption or addendum to a final
EIS/SEIS that is prepared and used by the city for making a decision on the proposal. Except as specified in this

chapter, SEPA appeals on land use permit decisions and any other city proposals shall be filed and heard at the
same time as appeals on the applicable land use permit or city proposal.
1. Procedural and Substantive Compliance. For purposes of utilizing SEPA to assist in governmental planning
and decisionmaking the city recognizes a right of appeal by any aggrieved person on whether
governmental action is in compliance with the substantive and procedural provisions of SEPA, including a
threshold determination (DNS, MDNS or DS), adequacy of an EIS, and of a decision document issued by
the responsible official or city which conditions or denies a project on the basis of SEPA substantive
authority. Any SEPA appeal shall meet the requirements of SEPA (see RCW 43.21C.075), the SEPA
ordinance (EMC 19.43), and this title, as further specified in this section.
2. Review Process V—Judicial Appeal Only, Except for Determination of Significance. No SEPA administrative
appeal to the city is provided for Review Process V other than for an appeal of a determination of
significance to the hearing examiner. The hearing examiner’s open record appeal hearing shall occur prior
to any permit hearing by a body designated under Review Process V to make a recommendation or
decision on the project. Any further SEPA appeal shall not occur prior to a permit decision under Review
Process V. Any appeals of Review Process V decisions shall be to Snohomish County superior court under
Chapter 36.70C RCW (the Land Use Petition Act or LUPA).
3. Review Process I, II, and III—Administrative and Judicial Appeal. SEPA administrative appeals are provided
for Review Process I, II, and III. All SEPA administrative appeals shall be to the hearing examiner and are
subject to the consolidated appeals provisions of this title. Any appeal of the hearing examiner’s decision
shall be to Snohomish County superior court under Chapter 36.70C RCW. This means:
a. For Review Process I and II permits, one open record appeal hearing is allowed on the appeal of a
SEPA threshold determination and permit together. If the hearing examiner requires an EIS, one
subsequent open record appeal is allowed on the adequacy of the EIS and permit together.
b. For Review Process III permits, the hearing examiner must hear the SEPA administrative appeal for a
Review Process III permit at the same open public hearing where the hearing examiner makes a
recommendation or decision on the permit. If the hearing examiner requires an EIS or supplemental
EIS, the hearing examiner must hear any appeal of the EIS at the open public hearing on the permit
(which will generally be continued pending the preparation of the required environmental
document).
c. For Review Process I, II, and III, an appeal of a SEPA determination of significance shall be heard by
the hearing examiner in its own separate open record appeal hearing, prior to the further processing
of the land use permit application or issuance of a decision.
4. Appeals on Other City Proposals. This paragraph applies to appeals of SEPA procedural determinations on
project or nonproject proposals by the city that are not city legislative actions. If a SEPA threshold
determination or EIS on a city proposal is issued prior to an application for a land use permit (or if no land
use permit is required for the proposal), the city shall allow an administrative appeal to the hearing
examiner in the public notice of the SEPA determination. The hearing examiner shall hear only the SEPA
procedural appeal and shall not have jurisdiction over review of the city proposal unless otherwise
provided by city ordinance. There shall be no further appeal of the hearing examiner’s appeal decision
until after the city makes a final decision on the proposal.
5. Appeals To and From the Hearing examiner. The hearing examiner shall provide for the preparation of a
record for use in any subsequent appeal proceedings. Any further appeal of the hearing examiner’s
decision on a SEPA administrative appeal on a Review Process I, II, and III permit shall be to Snohomish
County superior court under Chapter 36.70C RCW together with the appeal of the permit (unless state law
provides for a different appeal process, such as to the Shoreline Hearings Board).
6. Deference to Responsible Official. The procedural determinations made by the city’s responsible official
shall be entitled to substantial weight.

D. Permit appeals
1. Review Process I, Minor Administrative Decisions. Appeals of Review Process I decisions shall be heard by
the hearing examiner in the manner provided for in Review Process II appeals. Appeals of minor
administrative decisions shall be to the hearing examiner and filed within fourteen (14) days of issuance
of the decision, provided however, that appeals of shoreline permit decisions shall be filed within twenty-
one (21) days of the decision.
2. Review Process II, Administrative Decisions. Appeals of administrative decisions, including decisions for
SEPA threshold determinations, shall be heard by the hearing examiner. The hearing examiner’s decision
on the appeal shall be final. Appeals of hearing examiner’s decision shall be to Snohomish County superior
court in accordance with Chapter 36.70C RCW and filed within twenty-one (21) days of issuance of the
decision. Exception: no city administrative appeal is provided for limited utility extensions or construction
of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from
shoreline erosion, as defined in RCW 90.58.140(11)(b); any appeal shall be directly to the Shoreline
Hearings Board.
3. Review Process IIIA, Hearing examiner Decisions. The decision of the hearing examiner on Review Process
IIIA applications, including SEPA determinations, shall be final. Appeals of the hearing examiner’s
decisions shall be to Snohomish County superior court in accordance with Chapter 36.70C RCW and filed
with twenty-one (21) days of issuance of the decision; provided however, that appeals of the hearing
examiner’s decision on shoreline substantial development permits or revisions shall be to the shorelines
hearings board as set forth in RCW 90.58.180 and Chapter 461-08 WAC, the rules of practice and
procedure of the shorelines hearings board.
a. Appeals of revisions to shoreline permits not requiring a conditional use permit or variance shall be in
accordance with RCW 90.58.180 and shall be filed within twenty-one (21) days from the date of
receipt of the city’s action by the Department of Ecology. The party seeking review shall have the
burden of proving the revision granted was not within the scope and intent of the original permit.
b. Appeals of revisions to shoreline permits requiring a conditional use permit or variance shall be in
accordance with RCW 90.48.180 and shall be filed within twenty-one (21) days from the date of
receipt of the city’s action by the Department of Ecology. The party seeking review shall have the
burden of proving the revision granted was not within the scope and intent of the original permit.
4. Review Process IIIB, Hearing examiner Recommendation to Council.
a. There is no appeal of the hearing examiner’s recommendation. The decision of the city council
constitutes the final action of the city and is appealable to Snohomish County superior court in
accordance with Chapter 36.70C RCW and shall be filed within twenty-one (21) calendar days of
issuance of the decision.
b. If a SEPA procedural determination is appealed for a proposal subject to Review Process IIIB, the
appeal shall be heard with the hearing examiner’s open public hearing on the permit. The decision of
the hearing examiner shall be final and shall be stated in the hearing examiner’s recommendation to
the city council on the Review Process III permit. Any further SEPA appeal shall be to Snohomish
County superior court under Chapter 36.70C RCW together with the city council decision on the
permit.
c. Nothing in this subsection limits the authority of the city council to condition or deny a proposed
project under Review Process IIIB under applicable city standards and ordinances.
5. Review Process V, Planning Commission/City Council Quasi-Judicial Decisions. The decision of the planning
commission constitutes a recommendation to the city council. The decision of the city council constitutes
the final action of the city and is appealable to Snohomish County superior court in accordance with
Chapter 36.70C RCW and shall be filed within twenty-one days of issuance of the decision.

Article VIII. Comprehensive Plan Docket Procedures
15.02.700 Docketing.
A. Overview
1. Except as allowed by RCW 36.70A, the comprehensive plan may only be amended once per year. The city
shall review all revisions as a comprehensive package of updates to the plan so the cumulative effect of all
proposed amendments is fully understood.
2. For purposes of this section, docketing refers to compiling and maintaining a list of suggested changes to
the comprehensive plan or development regulations in a manner that will ensure such suggested changes
will be considered by the city and will be available for review by the public.
B. Project review docket applications
If during project review, the city identifies deficiencies in plans or regulations, the identified deficiencies shall be
docketed for possible future plan or development regulation amendments. For purposes of this subsection, a
deficiency in a comprehensive plan or development regulation refers to the absence of required or potentially
desirable contents of a comprehensive plan or development regulation. It does not refer to whether a
development regulation addresses a project's probable specific adverse environmental impacts which the city
could mitigate in the normal project review process.
C. Annual docket process
1. Any interested person, including applicants, citizens, hearing examiners, city officials, and staff of other
agencies, may suggest plan or development regulation amendments in writing to the planning director,
which shall be docketed and considered on at least an annual basis, consistent with the provisions of RCW
36.70A.130.
2. The planning director is authorized to set deadlines for applications to amend the comprehensive plan.
The planning director is also authorized to establish the docket for consideration of amendments. If the
planning director believes a request should not be considered for the annual docket, this decision shall be
forwarded to the city council who will have the legislative discretion to place the amendment on the final
docket for further consideration.
3. The planning director shall provide the city council and planning commission the annual docket that will
be considered and make this information available to the public.
D. Application Requirements
Any person proposing amendments to the comprehensive plan must submit the information as required by the
planning director, including a complete description of the proposed amendment, the location of the amendment,
and explanation of why the amendment is being proposed, and an explanation of how the proposed amendment is
consistent with RCW 36.70A, the Snohomish County Countywide Planning Policies, and the city’s Comprehensive
Plan adopted pursuant to RCW 36.70A.
Article IX. Interpretations, Vesting & Definitions
15.02.800 Interpretations of land use regulations.

Any person may request an interpretation of applicable provisions of city land use requirements or development
regulations as part of the project review process. Further, the planning director is authorized to issue
interpretations of the land use and development regulations as necessary and to promulgate rules and procedures
as consistent with the terms of this title. Such interpretations shall constitute Review Process I decisions.
15.02.810 Vested Rights.

Unless provided otherwise by this section, an application for a land use permit or other project permit shall be
considered under the development regulations in effect on the date of filing of that complete application.
A. Project permit applications shall not include preapplication submittals or materials, conceptual site plan
reviews, or applications or requests to the planning director for interpretations.
B. For purposes of this section, “date of filing of the complete application” shall mean the date on which the
applicant files a project permit application that contains all required information and documents. If the
planning director determines that an application is not technically complete, the “date of filing of complete
application” shall mean the date on which the applicant submits a technically complete application (EMC
15.01.040).
C. Subdivision and Short Subdivisions. A project permit application for development or use of land subject to an
unexpired subdivision or short subdivision approval shall follow the requirements of RCW 58.17.
D. SEPA determinations and vesting. Development regulations could be revised or adopted during the time
between the issuance of a SEPA determination and a building or construction permit application. Where
conditions identified in the SEPA determination are based on adopted development regulations, the proposal
is required to comply with the development regulations in effect at the time a complete building or
construction permit application (or other application which by law vests development requirements) is filed.
E. For purposes of this section, “development regulations” shall mean those ordinances and regulations that
control or affect the type, degree, or physical attributes of land development or use, including the unified
development code, and shall not include the following:
1. Permit processing fees and taxes or administrative fees;
2. Ordinances or regulations that specify or are based upon adopted SEPA policies for the exercise of SEPA
substantive authority, including the SEPA ordinance (Chapter 19.43);
3. Regulations that affect the procedure through which a project permit application is processed or
considered, including but not limited to this chapter; and
4. Any ordinance or regulation that, by its terms, applies to developments or uses that exist on the effective
date of that ordinance or regulation.
15.02.820 Definitions.
A. “Applicant” means the person or entity proposing a project. “Applicant” includes private or public entities.
The applicant shall be the owner of land or authorized representative. “Applicant” includes the entity or
person for which an authorized representative is submitting an application.
B. “Application” means a written request to the city to issue a land use permit. Unless the context clearly
requires otherwise, “application” refers to a “complete application.”
C. “Complete application” means an application that is technically complete and meets all requirements for a
determination of completeness.
D. “Consolidated process” means a single project review process for all land use permits subject to the
procedural requirements of this title, including the individual procedure option in EMC 15.02.050. It does not
necessarily refer to consolidating land use permits with all other permits that might be required for a project.
E. “Days” are in calendar days, including weekends and holidays. If a deadline falls on a weekend or federal,
state, or city holiday, the deadline shall be extended to the close of the next business day at the applicable city
office. When computing time periods, the first day shall be the date from which the designated period of time
begins to run (such as the “permit date” or the date that notice is posted or mailed).
F. “Open public hearing” means the open record hearing under RCW 36.70B.020(3). An open public hearing may
be held in order to render a project permit recommendation or decision (predecision hearing) or after a
determination on which there is an administrative appeal (appeal hearing).
G. “Permit” means any form of written permission given to any person, organization, or agency to engage in a
specific activity. A permit includes all or part of an agency permit, license, certificate, approval, registration,
entitlement, or other authorization to facilitate a particular proposal.

H. “Permit date” means the date the last city staff member or official executes the project permit document (or
in the case of shoreline conditional use or variance permits, the date the permit is executed by the
Washington State Department of Ecology). The permit date normally appears on the face of the permit. For
Review Process III, the permit date typically will be the date of the hearing examiner decision or city council
ordinance, unless there is a project permit administratively signed and issued by city staff to the applicant on
that decision.
I. “Project permit” means any land use or environmental permit or license required from the city of Everett for a
project action, including but not limited to building permits, subdivisions, binding site plans, unit lot
subdivisions, planned unit developments, conditional uses, shoreline substantial development permits,
permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive
plan or subarea plan, but excluding the adoption of amendment of a comprehensive plan, subarea plan, or
development regulations, except as otherwise specifically included in this subsection. A SEPA determination is
not a permit; a project permit typically includes any conditions required as a result of SEPA review, as provided
by this title. A project permit does not include nonproject actions as defined in the SEPA ordinance (EMC
19.43). Also see “land use permit.” Preapplication documents and early conceptual review, such as site plan
review, do not require open public hearings and are not project permits under this title.
J. “Public hearing or meeting” means an informal meeting, hearing, workshop, or other public gathering of
people to obtain comments from the public or other agencies on a proposed project permit prior to the city’s
project permit decision. A “public meeting or hearing” is distinguished from the single “open public hearing”
that creates the record in a final project permit recommendation or decision or an administrative appeal
under this title. A public meeting or hearing may be required by law and may include certain formalities, such
as a public hearing on an environmental impact statement.

Zoning-Library.
Chapter 15.03 Land Use Decisions, Criteria and Authority
Table of Contents
CHAPTER 15.03 LAND USE DECISIONS, CRITERIA AND AUTHORITY ................................................................................... 1
15.03.010 INTRODUCTION AND USER GUIDE. ............................................................................................................. 1
15.03.030 UNLISTED USES ..................................................................................................................................... 1
15.03.040 LAND USE PROJECT REVIEW AND CONSISTENCY. .......................................................................................... 1
15.03.060 MODIFICATION OF DEVELOPMENT STANDARDS. ........................................................................................... 2
15.03.100 ADMINISTRATIVE USE. ............................................................................................................................ 3
15.03.120 CONDITIONAL USE. ................................................................................................................................ 4
15.03.140 VARIANCES. .......................................................................................................................................... 5
15.03.200 DEVELOPMENT AGREEMENTS. .................................................................................................................. 5
15.03.300 UNIFIED DEVELOPMENT CODE AMENDMENT. .............................................................................................. 7
15.03.400 COMPREHENSIVE PLAN AMENDMENTS. ...................................................................................................... 8
15.03.010 Introduction and User Guide.

The purpose of this chapter, in conjunction with EMC 15.01 and EMC 15.02, is to implement requirements in
Chapter 36.70B RCW, Local Project Review. Together, these three chapters are collectively referred to as the “Local
Project Review Procedures”. In addition to the Local Project Review requirements, this chapter addresses who may
apply for certain land use decisions, the criteria for land use decisions and the authority for those decisions.
15.03.030 Unlisted Uses

If a proposed use is not specifically listed in the use table (EMC 19.05) in a specific zone, the planning director may
promulgate an interpretation as to whether or not such use is to be a permitted use, pursuant to
Section 19.05.070 . The planning director shall determine whether the proposed use meets the following criteria:
A. The use resembles or is of the same basic nature as a use or uses expressly authorized in the applicable zoning
district or districts in terms of the following:
1. The activities involved in or equipment or materials employed in the use;
2. The effects of the use on the surrounding area, such as traffic impacts, noise, dust, odors, vibrations,
lighting and glare, and aesthetic appearance.
B. The use is consistent with the stated purpose of the applicable district or districts.
C. The use is compatible with the goals and policies of the Everett comprehensive plan.
15.03.040 Land Use Project Review and Consistency.

A. The review of a proposed project’s consistency with applicable development regulations, and the adopted
comprehensive plan shall serve as the starting point for project review. Land use permit review shall not
reanalyze these land use planning decisions in making a permit decision.
B. The planning director or his/her designee (“director”) may determine through the local project review process
that existing requirements including mitigation measures in applicable development regulations and plans and
other applicable laws provide adequate mitigation for some or all of the project’s specific adverse
environmental impacts.
Ch. 15.03 Land Use Decisions 1 Planning Commission Recommendation (09/08/20)

C. Nothing in this chapter limits the authority of the city to approve, condition, or deny a project as provided in
its adopted development regulations and in its policies adopted under RCW 43.21C.060. Project review shall
be used to: (1) review and document consistency with comprehensive plans and development regulations; (2)
provide prompt and coordinated review by government agencies and the public on compliance with
applicable environmental laws and plans, including mitigation for specific project impacts that have not been
considered and addressed at the plan or development regulation level; and (3) ensure accountability by local
government to applicants and the public for requiring and implementing mitigation measures.
D. Project review shall be used to identify specific project design and conditions relating to the characteristics of
a development; to identify specific adverse environmental impacts of the proposal not previously analyzed;
and to address the details of site plans, curb cuts, stormwater facilities, transportation demand management,
the payment of impact fees, or other measures to avoid or otherwise mitigate a proposal’s probable adverse
E. A proposed project’s consistency with the city’s development regulations and the appropriate elements of the
comprehensive plan or subarea plan adopted under Chapter 36.70A RCW, shall be determined by
consideration of:
1. The type of land use allowed;
2. The level of development allowed, such as units per acre or other measures of density;
3. Infrastructure, including the adequacy of public facilities and services needed to serve the proposed
development; and
4. The characteristics of the proposed development, such as compliance with specific development
standards.
F. In determining consistency, the determinations made under this chapter shall be controlling.
G. Nothing in this section requires documentation, dictates procedures for considering consistency, or limits the
planning director from asking more specific or related questions with respect to any of the four main
categories listed in subsection E of this section. This chapter does not apply to the city’s civil enforcement
procedures, EMC 1.20, except as specifically referenced herein.
15.03.060 Modification of Development Standards.

A. Overview
Throughout this title, the planning director, city engineer or their designee (“director”) may be authorized to
approve project-specific modifications of the standards in this title.
B. Review Process
1. An applicant shall submit a request for modification, providing such information as is required by the
director, including application fees.
2. Where this title authorizes the director to modify development standards, the review process shall be
Review Process I (REV I) unless otherwise indicated.
3. If the director determines that notice to contiguous property owners should be provided regarding a
request to modify development standards, the director may require the proposed modification to be
reviewed using a higher level of review process than otherwise required.
4. See EMC 15.02 for notice and procedures for various review processes.
C. General Criteria
In considering any request for modification of standards in this title, the following criteria need to be met:
1. The request for modification would result in development that is equivalent or superior to what would
likely result from compliance with the development standards which are proposed to be modified.
2. The request for modification meets the intent of the standards being modified.

3. The request for modification does not create any impacts or nuisances that cannot be mitigated, such as
access points which are unsafe, noise, dust, odor, glare, visual blight or other undesirable environmental
impacts.
4. The request for modification meets any additional modification criteria in the respective chapter.
15.03.100 Administrative Use.

A. Overview
An Administrative Use, identified in EMC 19.05, is a mechanism by which the city may place special conditions on
the use or development of property to ensure that new development is compatible with surrounding properties.
B. Who May Apply
A property owner, or their designated agent, may apply for an Administrative Use.
C. Review Process
Each zoning district includes uses which may be permitted if an Administrative Use is approved. See Use Tables in
EMC 19.05. The process for consideration of an Administrative Use is as follows:
1. The planning director may approve, approve with conditions, or deny an Administrative Use following the
Type II Review process set forth in EMC 15.02.
2. All Administrative Uses shall be evaluated by the criteria listed in subsection D of this section.
3. Some land uses may be subject to Specific Use Standards set forth in EMC 19.13. If the Administrative Use
is included in EMC 19.13, the requirements of that chapter must be met.
4. The planning director is authorized to approve a minor expansion or alteration of an existing
Administrative Use as follows:
a. A minor expansion or alteration of an Administrative Use can be approved with Review Process I (see
EMC 15.02).
b. For purposes of this section:
i. A minor expansion shall be not more than twenty-five percent (25%) of the land or building gross
floor area devoted to the existing Administrative Use.
ii. A minor alteration may include changes to final site plans and development which do not change
the intent and compatibility with surrounding property which were originally approved.
5. The planning director may impose conditions to ensure the approval criteria in subsection D are met.
D. Administrative Use Evaluation Criteria
The following criteria shall be used for evaluating Administrative Uses:
1. Compatibility of proposed structures and improvements with surrounding properties, including the size,
height, location, setback and arrangements of all proposed buildings and facilities, especially as they
relate to light and shadow impacts on more sensitive land uses and less intensive zones.
2. The landscaping, buffering and screening of buildings, parking, loading and storage areas, especially as
they relate to more sensitive land uses.
3. The generation of nuisance irritants such as noise, smoke, dust, odor, glare, visual blight or other
undesirable impacts.
E. Other Standards
1. Revocation. The planning director has the authority to review and modify or revoke Administrative Uses
for failure to meet the requirements of an Administrative Use. Such decisions may be appealed pursuant
to EMC 15.02.600.
2. Transfer of ownership. An Administrative Use runs with the land and compliance with the conditions of
any such permit is the responsibility of the current owner of the property, whether that is the original
applicant or a successor.

3. Permit expiration. Administrative Uses shall complete development and establish the permitted use
within three (3) years of approval. The planning director may authorize a one-time extension of six (6)
months. If the use is not commenced within that time frame, the Administrative Use is considered void
and a new application is required. The city has no duty or obligation to notify the applicant or current
property owner that the permit is due to expire.
15.03.120 Conditional Use.

A. Overview
A Conditional Use, identified in EMC 19.05, means a use, which because of its unusual size, infrequent occurrence,
special requirements, possible safety hazards, or other possible detrimental effects on surrounding properties,
may be approved only after meeting the requirements of this section.
B. Who May Apply
A property owner, or their designated agent, may apply for a Conditional Use.
C. Review Process
Each zoning district includes uses which may be permitted if a Conditional Use is approved. See Use Tables in EMC
19.05. The process for consideration of a Conditional Use is as follows:
1. Conditional Uses require a public hearing with action by the Hearing Examiner following Review Process
III. See EMC 15.02 for procedures.
2. All Conditional Uses shall be evaluated by the criteria listed in subsection D of this section.
3. Some land uses may be subject to Specific Use Standards set forth in EMC 19.13. If the Conditional Use is
included in EMC 19.13, the requirements of that chapter must also be met in conjunction with approval of
a Conditional Use.
4. The planning director is authorized to approve a minor expansion of an existing Conditional Use using
Review Process II.
a. A minor expansion of a Conditional Use, which was previously considered a Special Property Use prior
to adoption of this Ordinance, can be reviewed pursuant to this subsection C.4.
b. For purposes of this section, a minor expansion shall be not more than twenty-five percent (25%) of
the land or building gross floor area devoted to the existing Conditional Use.
5. The Hearing Examiner may impose conditions to ensure the approval criteria in subsection D are met.
D. Conditional Use Evaluation Criteria
The following criteria shall be used for evaluating Conditional Uses:
1. The adequacy of utilities, public facilities and services required to serve a proposed use.
2. The impact of traffic generated by the proposed use on the surrounding area, pedestrian circulation and
public safety; and the ability of the proponent to mitigate such potential impacts.
3. Compatibility of proposed structures and improvements with surrounding properties, including the size,
height, location, setback and arrangements of all proposed buildings and facilities, especially as they
relate to light and shadow impacts on more sensitive land uses and less intensive zones.
4. The landscaping, buffering and screening of buildings, parking, loading and storage areas, especially as
they relate to more sensitive land uses.
5. The generation of nuisance irritants such as noise, smoke, dust, odor, glare, visual blight or other
undesirable impacts.
6. Compliance with the provisions of Title 19 and other city, state and federal regulations.
E. Other issues
1. Revocation. The planning director has the authority to review and modify or revoke Conditional Uses for
failure to meet the requirements of a Conditional Use. Such decisions may be appealed pursuant to EMC
15.02.600.

2. Transfer of ownership. A Conditional Use runs with the land and compliance with the conditions of any
such permit is the responsibility of the current owner of the property, whether that is the original
applicant or a successor.
3. Permit expiration. Conditional Uses shall complete development and establish the permitted use within
three (3) years of approval. The planning director may authorize a one-time extension of six (6) months. If
the use is not commenced within that time frame, the Conditional Use is considered void and a new
application is required. The city has no duty or obligation to notify the applicant or current property
owner that the permit is due to expire.
15.03.140 Variances.
A. User Guide
This section establishes a mechanism whereby the provisions of Title 19 can be varied on a case-by-case basis if the
application of such provisions would result in an unreasonable and unusual hardship. The criteria of this section
shall be met in order to approve a variance.
B. Who May Apply
A property owner, or their designated agent, may apply for a Variance.
C. Review Process
An application for a Variance is considered by Review Process III. See EMC 15.02 for procedures.
D. Criteria for Granting a Variance
The city may grant a variance only if it finds that:
1. The variance will not be materially detrimental to the property in the area of the subject property or to
the city as a whole; and
2. The variance is necessary because of exceptional or extraordinary circumstances regarding the size,
shape, topography or location of the subject property; or the location of a preexisting improvement on
the subject property that conformed to the zoning code in effect when the improvement was
constructed; and
3. The variance will only grant the subject property the same general rights enjoyed by other property in the
same area and zone as the subject property; and
4. The need for the requested variance is not the result of a self-created hardship.
E. Variances Prohibited
Under no circumstances shall the review authority grant a variance to any of the following:
1. To any provisions establishing the uses that are permitted to locate or that may continue to operate in
any zone; or
2. To any of the procedural provisions of the code; or
3. To any provision that specifically states that its requirements are not subject to variance; or
4. To minimum lot size or maximum residential density requirements; or
5. To the critical areas standards in Chapter 19.37.
F. Stay of Proceedings
If a request for a variance is made in an effort to remedy a violation of Title 19 for which enforcement action has
been commenced, the variance request stays all proceedings on the enforcement action until the variance has
been acted upon. If, in the opinion of the mayor, a stay of proceedings would cause imminent peril to life or
property, the mayor may continue enforcement action and such enforcement action may not be stayed except by
a restraining order issued by superior court. If a variance request has been filed, enforcement shall be taken only
to the extent that there shall no longer be imminent peril to life or property.
15.03.200 Development Agreements.

Development Agreements Authorized
The city may enter into a development agreement pursuant to Chapter 36.70B RCW with a person having
ownership or control of real property within the city or for real property outside the city as part of a proposed
annexation or a service agreement.
1. A development agreement must set forth the development standards and other provisions that shall
apply to and govern and vest the development, use, and mitigation of the development of the real
property for the duration specified in the agreement.
2. A development agreement shall be consistent with applicable development regulations adopted by the
city under chapter 36.70A RCW.
3. For the purposes of this section, "development standards" includes, but is not limited to:
a. Project elements such as permitted uses, residential densities, and nonresidential densities and
intensities or building sizes;
b. The amount and payment of impact fees imposed or agreed to in accordance with any applicable
provisions of state law, any reimbursement provisions, other financial contributions by the property
owner, inspection fees, or dedications;
c. Mitigation measures, development conditions, and other requirements under chapter 43.21C RCW;
d. Design standards such as maximum heights, setbacks, drainage and water quality requirements,
landscaping, and other development features;
e. Affordable housing;
f. Parks and open space preservation;
g. Phasing;
h. Review procedures and standards for implementing decisions;
i. A build-out or vesting period for applicable standards; and
j. Any other appropriate development requirement or procedure.
4. Unless amended or terminated, a development agreement is enforceable during its term by a party to the
agreement. A development agreement and the development standards in the agreement govern during
the term of the agreement, or for all or that part of the build-out period specified in the agreement, and
may not be subject to an amendment to a zoning ordinance or development standard or regulation or a
new zoning ordinance or development standard or regulation adopted after the effective date of the
agreement. A permit or approval issued by the city after the execution of the development agreement
must be consistent with the development agreement.
5. A development agreement shall be recorded with the real property records of Snohomish County. During
the term of the development agreement, the agreement is binding on the parties and their successors,
including if the city assumes jurisdiction through incorporation or annexation of the area covering the
property covered by the development agreement.
Development Agreements – Public Hearing Required
1. The city shall only approve a development agreement by ordinance or resolution after a public hearing.
2. The public hearing shall be conducted in conjunction with the underlying land use action. In the event the
underlying land use action does not require a public hearing, a public hearing following Type III Review
Process in EMC 15.02 shall be conducted by the Hearing Examiner, with a recommendation to the City
Council.
3. See EMC 15.02 for procedures for notice and conduct of public hearings for development agreements.
4. Minor modifications to development agreements, as set forth in subsection C below, do not require a
public hearing.
Modification of Development Agreements
1. Minor Modifications.
a. The applicant may apply for a minor modification to a development agreement following Review
Process I set forth in EMC 15.02.

b. The planning director will review and decide upon an application for a minor modification. If the
planning director determines that notice to contiguous property owners should be provided
regarding the minor changes, the planning director may require the proposed modification to be
reviewed using Review Process II set forth in EMC 15.02.
c. The planning director may approve a minor modification only if he or she finds that:
i. The change is necessary because natural features of the subject property not foreseen by the
applicant or by the city prior to approval of the development agreement; and
ii. The change will not result in reducing the landscaped area, buffering areas or the amount of
open space on the project required by the development agreement; and
iii. The change will not result in increasing the residential density or gross floor area of the project as
approved by the development agreement; and
iv. The change will not result in any structure, or vehicular circulation or parking area which will
adversely affect abutting property or public right-of-way, or conflict with any provisions of the
development agreement or Title 19; and
v. The planning director determines that the change will not increase any adverse impacts or
undesirable effects of the project and that the change in no way significantly alters the project.
2. Major Modifications
The applicant may seek a modification to the approved site plan that does not meet all of the
requirements of subsection A of this section by submitting an application which will be reviewed by the
city using the procedures set forth in this section as if it were an application for a new development
agreement.
15.03.300 Unified Development Code Amendment.

This section establishes the mechanism and criteria to amend the Unified Development Code, including
amendments to the zoning maps.
Area-Wide Rezones
1. Description. An area-wide rezone is to change the zoning classification that is not site-specific.
2. Who May Initiate. Only the city may initiate area-wide rezones; the area-wide rezone may be initiated by
the city council, mayor or designee.
3. Review Process. An area-wide rezone is considered by Review Process V. See EMC 15.02 for procedures.
4. Criteria. The city may decide to approve a proposal to rezone land only if it finds that:
a. The proposal is consistent with the Everett Comprehensive Plan; and
c. The proposal bears a substantial relation to public health, safety or welfare; and
d. The proposal promotes the best long-term interests of the Everett community.
Site-Specific Rezones
1. Description. A site-specific rezone is to change the zoning classification of a specific property or
properties.
2. Who May Initiate. Site specific rezones may be initiated by the city or all property owners in the
requested rezone area.
3. Review Process.
a. If the rezone includes an application to amend the Comprehensive Plan, the site-specific rezone is
considered by Review Process V. See EMC 15.02 for procedures.
b. If the rezone does not require an amendment to the Comprehensive Plan, the site-specific rezone is
considered by Review Process IIIB. See EMC 15.02 for procedures.
4. Criteria. The review authority may approve an application for a site-specific rezone if it finds that:
a. The proposed rezone is consistent with the Everett Comprehensive Plan; and
b. The proposed rezone bears a substantial relation to public health, safety or welfare; and the
proposed rezone promotes the best long-term interests of the Everett community; and

c. The proposed rezone mitigates any adverse impact(s) upon existing or anticipated land uses in the
immediate vicinity of the subject property.
d. If a Comprehensive Plan amendment is required in order to satisfy section 4.a. of this subsection,
approval of the Comprehensive Plan amendment is required prior to or concurrently with the
granting of an approval on the rezone.
5. Development Agreements. In some circumstances, in order to demonstrate the criteria for approval are
met, the city may determine that a development agreement authorized pursuant to RCW 36.70B and EMC
15.03.200 are necessary.
Unified Code Text Amendments
1. Description. Amendment of the text of the Unified Development Code.
2. Who May Initiate. Amendments to the text of the Unified Development Code may be initiated by the city
council, mayor or designee, or planning commission.
3. Review Process. Amendments are considered by Review Process V. See EMC 15.02 for procedures.
4. Criteria. The city may amend the text of the Unified Development Code if it finds that:
a. The proposed amendment is consistent with the applicable provisions of the Everett Comprehensive
Plan; and
b. The proposed amendment bears a substantial relation to public health, safety or welfare; and
c. The proposed amendment promotes the best long-term interests of the Everett community.
15.03.400 Comprehensive Plan Amendments.

A. Description. Amendments to the Comprehensive Plan may include both text (e.g. goals and policies) and maps
(e.g. land use designations).
B. Who May Initiate. Amendments to the Comprehensive Plan may be initiated as follows:
1. Area-Wide Amendments. Area-wide amendments may be initiated only by the city council, mayor or
designee, or planning commission. Area-wide amendments could include both text and map
amendments.
2. Site-Specific Amendments. Site-specific amendments may be initiated by property owners, city council,
mayor or designee, or planning commission.
C. Review Process.
1. Docket. Except as allowed by RCW 36.70A, the comprehensive plan may only be amended once per year.
The city shall review all revisions as a comprehensive package of updates to the plan so the cumulative
effect of all proposed amendments is fully understood. The planning director is authorized to set
deadlines for applications to amend the comprehensive plan and establish the docket for consideration of
amendments. See EMC 15.02 for application requirements.
2. Amendments are considered by Review Process V. See EMC 15.02 for procedures.
D. Land Use Map. The following factors shall be considered in reviewing requests to amend the Comprehensive
Plan Land Use Map.
1. The proposed land use designation must be supported by or consistent with the existing policies of the
various elements of the comprehensive plan.
2. Have circumstances related to the subject property and the area in which it is located changed sufficiently
since the adoption of the Land Use Element to justify a change to the land use designation? If so, the
circumstances that have changed should be described in detail to support findings that a different land
use designation is appropriate.
3. Are the assumptions upon which the land use designation of the subject property is based erroneous, or is
new information available which was not considered at the time the Land Use Element was adopted, that
justify a change to the land use designation? If so, the erroneous assumptions or new information should
be described in detail to enable the Planning Commission and City Council to find that the land use
designation should be changed.

4. Does the proposed land use designation promote a more desirable land use pattern for the community as
a whole? If so, a detailed description of the qualities of the proposed land use designation that make the
land use pattern for the community more desirable should be provided to enable the Planning
Commission and City Council to find that the proposed land use designation is in the community's best
interest.
5. Should the proposed land use designation be applied to other properties in the vicinity? If so, the reasons
supporting the change of several properties should be described in detail. If not, the reasons for changing
the land use designation of a single site, as requested by the proponent, should be provided in sufficient
detail to enable the Planning Commission and City Council to find that approval as requested does not
constitute a grant of special privilege to the proponent or a single owner of property.
6. What impacts would the proposed change of land use designation have on the current use of other
properties in the vicinity, and what measures should be taken to assure compatibility with the uses of
other properties in the vicinity?
7. Would the change of the land use designation sought by the proponent create pressure to change the
land use designation of other properties in the vicinity? If so, would the change of land use designation for
other properties be in the best long-term interests of the community in general?
E. Comprehensive Plan Policies. The following factors shall be considered in reviewing proposed amendments to
comprehensive plan policies.
1. Have circumstances related to the subject policy changed sufficiently since the adoption of the plan to
justify a change to the subject policy? If so, the circumstances that have changed should be described in
detail to support the proposed amendment to the policy.
2. Are the assumptions upon which the policy is based erroneous, or is new information available that was
not considered at the time the plan was adopted, that justify a change to the policy? If so, the erroneous
assumptions or new information should be described in detail to support the proposed policy
amendment.
3. Does the proposed change in policy promote a more desirable growth pattern for the community as a
whole? The manner in which the proposed policy change promotes a more desirable growth pattern
should be described in detail.
4. Is the proposed policy change consistent with other existing plan policies, or does it conflict with other
plan policies? The extent to which the proposed policy change is consistent with or conflicts with other
existing policies should be explained in detail.

EXHIBIT 3
Instructions to reader: This is a new chapter in the Unified Development Code. Please visit the Rethink Zoning
Library at https://everettwa.gov/2453/Rethink-Zoning-Library.
Chapter 19.01 Introduction to Unified Development Code
Table of Contents
CHAPTER 19.01 INTRODUCTION TO UNIFIED DEVELOPMENT CODE .................................................................................. 1
19.01.010 TITLE AND PURPOSE. ............................................................................................................................... 1
19.01.020 HOW TO USE THE UNIFIED DEVELOPMENT CODE. ........................................................................................ 1
19.01.030 WHERE TO FIND INFORMATION. ................................................................................................................ 3
19.01.040 THE DEVELOPMENT PROCESS. ................................................................................................................... 3
19.01.010 Title and purpose.

A. Title. The ordinance codified in this title shall be known as, and may be cited as, the Everett Unified
Development Code (“UDC”; or Title 19, Everett Municipal Code.
B. Purpose. The Unified Development Code is adopted to promote and protect the public health, safety and
welfare through the orderly regulation of land uses in the city. Further, the purposes of this title are to:
1. Provide for high standards for a living and working environment for all residents and visitors;
2. Provide the economic and social advantages resulting from an orderly planned use of land resources;
3. Encourage and guide development consistent with the goals and policies of the Everett comprehensive
plan, adopted pursuant to Chapter 36.70A RCW;
4. Establish the review procedures, public notice requirements and evaluation criteria for land use
applications, comprehensive plan amendments and rezone actions;
5. Regulate the division of land into lots, tracts or parcels;
6. Regulate the size and use of lots, setbacks and other open spaces;
7. Regulate the use, location, height, bulk and size and design of buildings and structures;
8. Regulate land use intensity and population density;
9. Establish requirements for off-street parking, landscaping and signs and other on-site and off-site
development standards;
10. Protect and enhance the aesthetic quality of the natural and manmade environment; and
11. Provide for the enforcement of the regulations of this title.
19.01.020 How to Use the Unified Development Code.

A. Numbering system. The numbering scheme used in the Unified Development Code operates in the following
manner:
Figure 1-1: UDC Numbering System
Ch. 19.01, Introduction 1 Planning Commission Recommendation (09/08/20)

B. Zone designations. The zoning map establishes zone designations for all property in the city. An individual
wanting to develop property in Everett should start by looking up the zone designation on the zoning map.
C. Use tables. The use tables in Chapter 5 of this code list the permitted uses for each zone designation, as well
as special regulations that apply to specific uses and specific locations. Use these tables to determine whether
a use is allowed in a particular zone, and what type of review process is required.
D. Development standards. After the zoning and allowable uses have been determined, the user should refer to
the additional chapters of this title for development standards that apply to building placement, building
design, and site development standards (parking, landscaping, streets/sidewalks, fences, screening, and
exterior lighting). Table 1-1 below provides a quick reference guide to standards for basic types of
development (residential, commercial, industrial, etc.).
Table 1-1: Applicable Regulations by Development Type
Type of Development Regulations See Chapter #:

Residential Dwelling • Building setbacks; lot coverage; densities • 19.06 – Lot and Building Placement
-Single family (new or
addition) • Building height • 19.22 – Building Heights
• 19.08.110 – Residential Accessory
Residential Accessory • Accessory building regulations
Buildings
Building (garage, shed, • Building setbacks; Lot coverage • 19.06 – Lot and Building Placement
etc.)
• Building height • 19.22 – Building Heights
• 19.08.030 – Townhouse and
• Density, FAR, open space
Duplexes
Duplex and Townhouse
• 19.08.040 – Design Standards for
• Facades, roofs, transparency
Townhouses and Duplexes
• 19.09 – Multifamily Development
• Entrances; porches; common areas
Standards
Multifamily Dwellings
• Modulation; facades; weather • 19.12 – Building Form and Design
protection; transparency Standards
• Building form, modulation; facades,
• 19.12 – Building Form and Design
Commercial Building weather protection; transparency; other
Standards
design standards
• 19.12.200 - Building Design
• Building materials; articulation;
Standards Applicable to the LI2 and
entrances; windows
Industrial Building HI Zones.
• 19.12.210 - Additional Standards
• Open space, site design
Applicable to LI2 and HI Zones
• Unique uses not addressed in above
Specific Uses • 19.13 – Specific Use Standards
development types
Land Divisions:
• 19.24 – Administration
• Residential subdivisions
• 19.25 – Land Division General
• Short Subdivisions
Division of Land Evaluation Criteria
• Binding Site Plans
• 19.26 – Land Division
• Boundary Adjustment
Development Standards
• 19.27 - Unit Lot Land Divisions

E. Other development regulations. In addition to the standards in the unified development code, the following
additional standards apply to new development:
Code Requirement Administered By:

Design and Construction Standards and Specifications Public Works Department
Title 13 Everett Municipal Code, Streets and Sidewalks Public Works Department
Title 14 Everett Municipal Code, Water and Sewers Utilities/Public Works Department
International Fire Code Fire Department
International Building Code Building Official
Shoreline Master Program (2019, or as updated) Planning Department
19.01.030 Where to find information.

Topic Location
https://everettwa.gov/2205/Map-
Maps (Zoning, critical areas, others)
Gallery
Subdivision/Land Division regulations Chapters 19.24 – 19.27 of this title
https://everettwa.gov/342/Planning or
Property-specific zoning and land use information https://everettwa.gov/2205/Map-
Gallery
Land Use Applications https://everettwa.gov/342/Planning
Handouts and Administrative Guidelines https://everettwa.gov/342/Planning
https://everettwa.gov/169/Permit-
Current land use permit status
Services
https://everettwa.gov/169/Permit-
In-person inquiries
Services
19.01.040 The development process.

A. General. The development process involves review of a project for compliance with all applicable codes and
standards before any construction activity may occur on a site. Most projects are minor in nature and do not
require a land use permit. These projects must obtain construction permits, which are reviewed by the
planning department for compliance with the standards in this title.
B. Land use permits. A land use application may be required for larger projects, for projects involving a
modification of development standards or for projects involving special uses or activities. A land use
application generally must be completed prior to submittal of an application for construction permits. Land
use permits typically fall under Review Process I, II or III. Refer to EMC Title 15 to determine the review
process for the different types of land use applications. In addition, some larger projects may require a review
under SEPA as set forth in Chapter 19.43. Figure 1-2 below illustrates how a land use permit is processed using
review process II.

Figure 1-2: Typical Review Process II flowchart
REVIEW PROCESS II
Initial Contact
Pre-application meeting*
File Application / Pay Fees
City Issues Notice of Completeness / Application
Proposed SEPA Threshold Determination (if applicable)
Provide Required Notice
14-Day Agency and Public Comment Period
Decision Issued by City
Optional Appeal to Hearing Examiner**

* The Preapplication Meeting may be waived by the Planning Director.
** Any appeals of the Hearing Examiner decision are to Superior Court.

Instructions to reader: This chapter will repeal and replace EMC 19.02, Legal Effect and Applicability, with the
sections as outlined below. For a summary of the effect of the changes to this chapter, including the addition of the
repeal of contract rezones, please visit the Rethink Zoning Library at https://everettwa.gov/2453/Rethink-Zoning-
Library.
Chapter 19.02 Legal Effect and Applicability
Table of Contents
CHAPTER 19.02 LEGAL EFFECT AND APPLICABILITY ........................................................................................... 1
19.02.010 TIME OF EFFECT. ......................................................................................................................................... 1
19.02.020 APPLICABILITY. ........................................................................................................................................... 1
19.02.030 BENEFITS................................................................................................................................................... 1
19.02.040 LIMITATIONS. ............................................................................................................................................. 1
19.02.050 RELATIONSHIP TO OTHER REGULATIONS AND REQUIREMENTS............................................................................... 1
19.02.060 LAND USE. ................................................................................................................................................. 2
19.02.070 DESIGN REVIEW. ......................................................................................................................................... 2
19.02.100 REPEAL OF CONTRACT REZONES .................................................................................................................... 2
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.
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.
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.
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 ordinance by the city, its
officers, employees or agents.
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
Ch. 19.02 Legal Effect and Applicability 1 Planning Commission Recommendation (09/08/20)
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.
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.
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.
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

APPROVAL
ORD_RES NAME_APP LOCATION URL_LASERFICHE DATE
Madison Glenwood Ave and Fern https://lfportal.everettwa.gov/WebLink/Do
ORD. 429-76 12/15/1976
Villas/EHA Road cView.aspx?id=916052
66th Pl SE and Fleming https://lfportal.everettwa.gov/WebLink/Do
ORD. 452-77 Schmelzer 5/181977
Street cView.aspx?id=914529
https://lfportal.everettwa.gov/WebLink/Do
ORD. 512-78 Evergreen Evergreen Way and 44th cView.aspx?id=912690
4/26/1978
RES. 3160 Terrace Street SE https://lfportal.everettwa.gov/WebLink/Do
cView.aspx?id=705933
ORD. 639-79 Jade 3rd Ave SE 10/17/1979
Greenwood Ave and El https://lfportal.everettwa.gov/WebLink/Do
ORD. 688-80 Soundview 5/7/1980
Charlee Street cView.aspx?id=908228
ORD. 664-80 https://lfportal.everettwa.gov/WebLink/Do
North of Everett Mall Way
(Phase I) Dujardin cView.aspx?id=908447 2/13/80;
between East Inner City
ORD. 767-81 Property https://lfportal.everettwa.gov/WebLink/Do 3/18/1981
Ave and 3rd Ave SE
(Phase II) cView.aspx?id=846058
15th Street and E Marine https://lfportal.everettwa.gov/WebLink/Do
ORD. 696-80 Moberg, Gary 6/4/1980
View Drive cView.aspx?id=908210
APPROVAL
Gilbertson, South Broadway between https://lfportal.everettwa.gov/WebLink/Do
ORD. 732-80 9/24/1980
Merlin 1st and 2nd Ave cView.aspx?id=890086
Claremont https://lfportal.everettwa.gov/WebLink/Do 8/21/81;6/23/
ORD. 797-81 50th Evergreen Way
Village cView.aspx?id=845708 1986
Workman, 37th Street N and Grand https://lfportal.everettwa.gov/WebLink/Do
ORD. 734-80 10/8/1980
W.O. Avenue cView.aspx?id=890068
RES. 769-81
Glenwood West side of Glenwood https://lfportal.everettwa.gov/WebLink/Do
ORD. 2085-95 10/22/2003
Terrace Ave near 53rd Street SW cView.aspx?id=671122
ORD. 2728-03
cView.aspx?id=2648
Seattle North
South of 100th Street, W https://lfportal.everettwa.gov/WebLink/Do
ORD. 766-81 Development 3/11/1981
of I-5 cView.aspx?id=846060
Company
Myszkowski, 6629 Beverly Blvd and https://lfportal.everettwa.gov/WebLink/Do
ORD. 784-81 5/20/1981
Edward Madison Street cView.aspx?id=845734
ORD. 951-83 Sunridge 1st Drive SE 6/13/1983
Matthews, https://lfportal.everettwa.gov/WebLink/Do
ORD. 762-81 6417 Rainier Drive 3/12/1981
Harry cView.aspx?id=846068
TriStar
Hardeson Road and 5th https://lfportal.everettwa.gov/WebLink/Do
ORD. 872-82 Development 7/2/1982
Ave W cView.aspx?id=842388
Co
Puget Sound
South of Kasch Park to https://lfportal.everettwa.gov/WebLink/Do
ORD. 882-82 Industrial 9/1/1982
100th Street SW cView.aspx?id=842368
Association
Community 2300 Kasch Park Road and https://lfportal.everettwa.gov/WebLink/Do 6/22/83;
ORD. 953-83
Transit Airport Road cView.aspx?id=837730 2/24/03
ORD. 912-82 Ware 19th Ave and 100th St SE 12/29/1982
542, 5501, 5511 Fleming https://lfportal.everettwa.gov/WebLink/Do
ORD. 1006-84 Bolser Tire 2/22/1984
Street cView.aspx?id=834108
North of Beverly Blvd and https://lfportal.everettwa.gov/WebLink/Do
ORD. 1000-84 Kroeze Bros 1/25/1984
Broadway Intersection cView.aspx?id=834120
East of 19th Ave SE and
RAMO Office https://lfportal.everettwa.gov/WebLink/Do
ORD. 1052-84 North of the Church of 7/25/1984
Building cView.aspx?id=831170
Latter Day Saints
Birdseye,
Robert; Lenora St and S 1st https://lfportal.everettwa.gov/WebLink/Do
ORD. 1049-84 7/11/1984
Maltby Tank Avenue; Town of Lowell cView.aspx?id=831174
and Barge
Thorsen, Roy;
ORD. 1156-85 Central Body 3113 Grand Ave 7/31/1985
Works
Associated
East of Upper Ridge Road, https://lfportal.everettwa.gov/WebLink/Do
ORD. 1134-85 Sand and 4/24/1985
North of 73rd Street SW cView.aspx?id=993901
Gravel Co Inc
Washington https://lfportal.everettwa.gov/WebLink/Do
ORD. 1190-85 1717 Rockefeller Ave 12/4/1985
Oakes cView.aspx?id=829736
Everett Marina
ORD. 1194-85 Village; Port-Marina Village 12/12/1985
Port of Everett
APPROVAL
East of 88th Street SE and
ORD. 1224-86 Solie, Lloyd 92nd Street SE, west of 1/22/1986
the PUD ROW
Everett Mall Way, east of https://lfportal.everettwa.gov/WebLink/Do
ORD. 1225-86 Johnson, Alan 1/22/1986
PUD ROW cView.aspx?id=799219
West of Merchant Way
and Meadow Way, north
Eastmont https://lfportal.everettwa.gov/WebLink/Do
ORD. 1275-86 of 94th Street SE, south of 8/6/1986
Properties cView.aspx?id=799107
EL Capitan Way and east
of I-5.
Prince of Peace
ORD. 1276-86 Lutheran 9320 Meadow Way 8/6/1986
Church
West of Merchant Way
Wibblemean- and Meadow Way, north
ORD. 1277-86 Eastmont Auto of 94th Street SE, south of 8/6/1986
Rebuild EL Capitan Way and east
of I-5
ORD. 1343-87 Brenner, Berle 125 SW Everett Mall Way 3/25/1987
Johnson, 100th St SW and 1st Ave https://lfportal.everettwa.gov/WebLink/Do
ORD. 1513-88 8/10/1988
Richard SE; MF cView.aspx?id=788939
ORD. 1535-88 Byrnes-Undi 10315-10333 19th Avenue 11/9/1988
Craig Casino Road W and 5th https://lfportal.everettwa.gov/WebLink/Do
ORD. 1586-89 5/10/1989
Investment Ave W cView.aspx?id=1018555
North of Madison Street,
ORD. 1589-89 Madison Court approx. 150-ft west of 5/17/1989
Beverly Blvd
Bill Saunders https://lfportal.everettwa.gov/WebLink/Do
ORD. 1639-89 19th and Chestnut Street 10/18/1989
Investment cView.aspx?id=731904
RES. 3930
ORD. 2031-94
112th Street SW and https://lfportal.everettwa.gov/WebLink/Do
(Phase I) Titan 112th 4/12/1995
Hollowdale Place cView.aspx?id=672460
ORD. 2048-95
(Phase II)
Meridian
East Marine View Drive https://lfportal.everettwa.gov/WebLink/Do
ORD. 1566-89 Asphalt Batch 3/1/1989
and 15th Street cView.aspx?id=1018550
Plant
RES. 3455 Coons, Robert cView.aspx?id=697393
10207 19th Ave SE 11/25/1992
ORD. 1905-92 and Jeannette https://lfportal.everettwa.gov/WebLink/Do
RES. 4644 North of Merrill Creek
Hearthstone cView.aspx?id=531953
RES. 4753 PKWY between Narbeck 8/12/1998
Apartments https://lfportal.everettwa.gov/WebLink/Do
(amendment) Creek and Merrill Creek
RES. 3843 Lakecrest cView.aspx?id=693826
10660 7th Ave SE 7/13/1994
ORD. 2016-94 Construction https://lfportal.everettwa.gov/WebLink/Do
RES. 4315 Pacific Rim
9800 block of 2nd Ave W cView.aspx?id=682549 6/11/1997
ORD. 2225-97 Development
APPROVAL
RES. 4548 https://lfportal.everettwa.gov/WebLink/Do
(Intent) Aurdal/Dwayne 2225 116th St SE and 23 cView.aspx?id=673671
4/22/1998
Lane Drive SE https://lfportal.everettwa.gov/WebLink/Do
ORD. 3198-10 cView.aspx?id=333284
See
RES. 4548 Aurdal/Dwayne 730 105th St SW 4/22/1998
Lane
RES. 4974 Scrupps, https://lfportal.everettwa.gov/WebLink/Do
10121 9th Ave W 11/15/2000
(intent) William cView.aspx?id=474980
RES. 4549 https://lfportal.everettwa.gov/WebLink/Do
Bumpass, Earl 10121 9th Ave W 1/21/1998
(Intent) cView.aspx?id=673669
Group 4
Property
RES. 5076 19th Ave SW and North of
(intent) See Builder Fred Myer on 132nd 7/11/2001
ORD. 2522-01 Investment Street SE
cView.aspx?id=2089
Group (2009 &
2017)
RES. 5382
(rezone, PDO)
North of North Marina
North Boat Channel, South of
RES. 6814 cView.aspx?id=456522
Marina/Port of the 10th Street Boat
(amend https://lfportal.everettwa.gov/WebLink/Do
Everett/Waterf Launch, west of West 9/17/2003
master plan) cView.aspx?id=3775
ront Place Maine View Drive and
Central east of the Everett Harbor
RES. 7382 cView.aspx?id=997648
Line
(amend dev
ag)
RES. 5363
West Casino Rd and 5th https://lfportal.everettwa.gov/WebLink/Do
(rezone & dev Singh, Balbir 7/16/2003
ag)
Mitrachkaw https://lfportal.everettwa.gov/WebLink/Do
ORD. 2704-03 3900 Wetmore Avenue 7/16/2003
Property cView.aspx?id=2549
Evergreen Way and 4th https://lfportal.everettwa.gov/WebLink/Do
ORD. 2846-05 Lee Rezone 7/20/2005
96th Place SE and East of https://lfportal.everettwa.gov/WebLink/Do
ORD. 2956-06 Clark-East 12/13/2006
19th Ave SE cView.aspx?id=7277
RES. 4866 West of 4100 Block of https://lfportal.everettwa.gov/WebLink/Do
Safeway Inc 1/26/2000
(intent) Terrace Drive cView.aspx?id=489124
RES. 4547 2126 & 2130 116th St SE cView.aspx?id=1519
Clark - Fountain 1/21/1998
ORD. 2273-98 and 19th Ave SE https://lfportal.everettwa.gov/WebLink/Do
Clark - 19th Ave SE between 96th https://lfportal.everettwa.gov/WebLink/Do
ORD. 2926-06 7/26/2006
Eastmont Pl SE and 98th Street SE cView.aspx?id=7117
ORD. 2786-04 Asarco Smelter SR 529 and East Marine https://lfportal.everettwa.gov/WebLink/Do
9/8/2004
(rezone) Site View Drive cView.aspx?id=3228
Frauenholtz Pecks Drive and Cady https://lfportal.everettwa.gov/WebLink/Do
RES. 5601 3/23/2005
Property Road cView.aspx?id=440120
Anthem Self https://lfportal.everettwa.gov/WebLink/Do
ORD. 3033-07 1610 SE Everett Mall Way 10/24/2007
Storage LLC cView.aspx?id=11682
East of Hwy 99 at 4th Ave https://lfportal.everettwa.gov/WebLink/Do
ORD. 3086-08 Miller Property 8/13/2008
W cView.aspx?id=283081
Instructions to reader: This chapter is a new chapter in Title 19 of the Everett Municipal Code. For a summary of
the effect of the changes to Title 19, please visit the Rethink Zoning Library at https://everettwa.gov/2453/Rethink-
Zoning-Library.
Chapter 19.03 Zoning Districts and Maps
Table of Contents
CHAPTER 19.03 ZONING DISTRICTS AND MAPS........................................................................................................... 1
19.03.010 ESTABLISHMENT ZONE DISTRICTS. ............................................................................................................. 1
19.03.020 ESTABLISHMENT OF OVERLAY ZONES. ......................................................................................................... 2
19.03.030 PURPOSE AND APPLICATION OF ZONE DISTRICTS. .......................................................................................... 2
19.03.040 MAPS INCORPORATED............................................................................................................................. 4
19.03.050 ZONING BOUNDARY INTERPRETATION. ........................................................................................................ 6
19.03.010 Establishment Zone Districts.

A. In order to classify, regulate, restrict and segregate the uses of land, water and buildings; to regulate and
restrict the location, height and bulk of buildings and other structures; to regulate the area of yards and other
open spaces around buildings; and to regulate the intensity of land use and the density of population; the
following zones, or zoning districts, are established:
Abbreviation Name
AG Agricultural
R-S Suburban Residential
R-1 Single-Family Detached Low Density
R-2 Single-Family Detached Medium Density
Single-Family Attached Medium Density
R-2(A)
Residential
UR3 Urban Residential 3 – Multiple Family
UR4 Urban Residential 4 – Multiple Family
NB Neighborhood Business
B Business
MU Mixed Urban
LI1 Light Industrial 1
LI2 Light Industrial 2
HI Heavy Industrial
P-OS Park and Open Space
WRM Watershed Resource Management
Ch 19.03 Zoning Districts and Maps 1 Planning Commission Recommendation (09/08/20)

B. Unzoned Areas. If areas are not within a zoning district, they shall be: 1) reviewed under the Everett Shoreline
Master Program, if applicable; or 2) as an unlisted use in the adjacent zone, subject to the process set forth in
EMC 19.05.070.
19.03.020 Establishment of overlay zones.

In certain instances, special circumstances warrant the application of special regulations or administrative
processes to specific areas. In order to apply these special regulations or administrative processes, the following
overlay zones are established:
Abbreviation Name
H Historic
I Institutional
PD Planned development
APN Airport-Port-Navy compatibility
19.03.030 Purpose and application of zone districts.

A. Agriculture Zone (AG). The purpose of the agricultural use zone is to provide and protect areas for certain
agricultural uses on lands which are not appropriate for residential, commercial or industrial development at
urban intensities.
B. Residential Zones.
1. Suburban Residential Zone (R-S). The purpose of the suburban residential zone is to provide for and
protect certain areas of the city for single-family detached residential uses where topography or other
environmental constraints require larger minimum lot sizes. The secondary purpose of the R-S zone is to
provide an interim “holding zone” in annexed areas for which other zoning is not established at the time
of annexation.
2. Single-Family Detached Low-Density Residential Zone (R-1). The purpose of the single-family detached
low-density residential zone is to provide for and protect certain areas of the city for detached single-
family residential uses.
3. Single-Family Medium-Density Residential Zone (R-2). The purpose of the single-family medium-density
residential zone is to provide for and protect areas of the city for single-family detached and a limited
amount of duplex residential use.
4. Single-Family Attached Medium-Density Zone (R-2(A)). The purpose of the single-family attached
medium-density zone is to provide for a variety of single-family living opportunities at densities which are
compatible with adjoining single-family detached neighborhoods and which can be used as a transition
between single-family neighborhoods and land uses of higher intensity.
5. Urban Residential 3 (UR3). The primary purpose of the urban residential 3 zone is to provide for multiple-
family residential use at medium densities. In this zone, commercial uses are generally prohibited.
6. Urban Residential 4 (UR4). The primary purpose of the urban residential 4 zone is to provide for multiple-
family residential use at high densities. Additional neighborhood-oriented commercial uses may be
allowed within certain locations when developed in a mixed-use context.
C. Business and Commercial Zones.
1. Neighborhood Business (NB). The purpose of the neighborhood business zone is to:
a. Provide for the limited scale retail, personal service and convenience consumer needs of the
immediately adjacent residential neighborhoods, rather than the larger community;

b. Establish building and development standards which assure that uses, buildings and structures are
appropriately sited, scaled and designed so as to be compatible with surrounding residential
neighborhoods; and.
c. Ensure that businesses can be accessed by nonmotorized means of transportation.
2. Business (B). The purpose of the business zone is to provide a wide variety of business and commercial
uses; to allow higher density residential uses; to provide effective building and streetscape standards
intended to promote quality development and pedestrian accessibility.
3. Mixed Urban (MU). The purpose and function of the mixed urban zone are:
a. To reinforce and enhance the downtown city core that provides local and regional service, retail,
entertainment, civic and public uses, as well as a variety of urban housing choices;
b. To provide for intensive, mixed use development in areas around high capacity transit stops,
including bus rapid transit and future light rail stations; and
c. To promote high quality, pedestrian friendly developments with attractive streetscapes and public
amenities.
D. Industrial Zones.
1. Zone Light Industrial 1 (LI1). The purpose of the light industrial 1 (LI1) zone is to accommodate a diverse
range of uses, including light industrial and manufacturing, with additional opportunities for residential
use.
2. Zone Light Industrial 2 (LI2). The purpose of the light industrial (LI2) zone is to:
a. Provide for and protect areas for high quality campus style office and industrial park development on
large parcels of land;
b. Establish standards which promote a high level of aesthetic amenities such as view, open space,
native vegetation, landscaping, unusual natural site features and quality architectural design;
c. Protect and buffer adjacent residential uses from the incompatible aspects of office and industrial
park development;
d. Allow for only those uses which are able to comply with the development requirements and
performance criteria which assure compatibility with surrounding uses; and
e. To provide areas for development of high-quality single or multiple tenant business parks which offer
opportunities for a wide variety of nonretail business to locate in small to medium office and
warehouse spaces.
3. Heavy Industrial (HI). The purpose of the heavy manufacturing zone is to provide for and protect certain
areas of the city for heavy manufacturing uses. This zone is also intended to:
a. Provide and protect areas of the city for marine-related commerce, while striking a balance with the
need for limited commercial uses;
b. Preserve Everett’s “working waterfront” character; and
c. Further the goals of the Everett comprehensive plan and shoreline master program relating to public
access to and enjoyment of the shoreline.
E. Park and Open Space Zone (POS). The purpose of the park and open space zone is to provide a zoning
classification for recreational and open space uses and other compatible public uses on current and future
city-owned land, or for public properties characterized by environmental sensitivity and value to be preserved,
for the most part, in their undisturbed state, and to provide and protect open space and other natural assets
of the community.
F. Watershed Resource Management (WRM). The purpose of the watershed resource management zone is to
provide a land use classification which allows for the continuation of existing uses and anticipated future uses
for land in the city-owned Chaplain Tract within the corporate limits of Everett. These are lands that are not
intended for urban development and are located outside the urban growth boundary. These properties are
intended to be used only for municipal service purposes that do not conflict with the maintenance of a safe
and adequate water supply for the Everett water system, and which are in accordance with applicable license
requirements.

G. Overlay Zones.
1. Historic Overlay Zone (H). The purpose of the historic overlay zone is to:
a. Establish a regulatory mechanism for the designation and protection of historic sites, buildings,
districts and landmarks;
b. Provide for methods of modifying the development standards of the underlying zone in the interest
of preserving or enhancing the historic features or significance of a particular site; and
c. Recognize the depth of historical resources in Everett and their significance to the heritage of the
community.
2. Institutional Overlay Zone (I). The purpose of the Institutional Overlay zone is to allow for various
institutional land uses with special needs and impacts to be located in the Everett community in a manner
which is compatible with surrounding land uses through a master plan review process which requires
public involvement and provides predictability to the institution and the public.
3. Planned Development Overly Zone (PD). The purpose of the planned development (PD) overlay zone is to
allow for commercial, industrial and mixed-use developments which are of a unique character and
desirable quality, and which are beneficial to the area in which the property is located and to the
community in general. The planned development overlay zone may only be applied to commercial or
industrial zones. It is the intent of this chapter to provide a public review process through which a planned
development may be proposed with alternative standards to those contained in this title, and that the
primary basis for city approval of alternative development standards is that the proposal will result in a
development which, as a whole, provides public benefits and high quality development that otherwise
cannot be realized through conformance to the requirements of this title.
4. Airport/Port/Navy Compatibility Overlay Zone (APN). The purpose of the APN compatibility zone is to
protect Paine Field Airport, Port of Everett, and Naval Station Everett from nearby incompatible land uses
and development by implementing special development standards and project permit notice procedures.
19.03.040 Maps incorporated.

The map or set of maps entitled city of Everett zoning map is adopted as part of this title. Printed copies of all
maps are available at the Planning Department. The online versions may be found at the official city website.
A. Zoning. See Map 3-1 below. The official zoning map of the city is on file with the office of the City Clerk.
B. Critical Areas. These maps support the critical area regulations in Chapter 19.37.
C. Street Designations. See Chapter 19.33.
D. Gateway Corridor Streets. See Chapter 19.12.
E. Drive-Through Facility Permitted Locations. See Chapter 19.13.
F. Overlay zones:
1. Airport Compatibility. See Chapter 19.17.
2. Port/Navy Compatibility. See Chapter 19.17.
3. Historic Resources. See Chapter 19.28.
G. Building Heights. See Chapter 19.22.
H. Building Heights - Industrial Waterfront. See Chapter 19.22.
I. Adult Retail/Mini Casinos. See Chapter 19.13.
J. Off-Street Parking Areas in Metro Everett. See Chapter 19.34.
K. Special Building Setbacks for West Marine View Dr. - 23rd St/24th St. See Chapter 19.06.
L. Shoreline Designations. See Shoreline Master Program.

Map 3–1: Zoning

19.03.050 Zoning boundary interpretation.
Where uncertainty exists as to the precise location of zoning district boundaries, as shown on the zoning map, the
following rules shall apply:
A. Following Property Lines. Where a zoning boundary is indicated as approximately following a property line,
the property line is the zone boundary.
B. Following Streets or Alleys. Where a zone boundary is indicated as following a street or alley, the centerline of
the street or alley is the zone boundary. Where this title provides for a minimum separation between a
specified use or activity and a particular zone, the measurement shall be taken between the specified use or
activity and the nearest lot within the zone, and not between the specified use or activity and the zone
boundary within a public right-of-way.
C. Tidelands, Tidal Flats, Rivers, Lakes and Port Gardner Bay. Where a zone boundary abuts a body of water,
except as otherwise indicated in the Urban Deep Water Port, Maritime, and Municipal Watershed shoreline
environment designations as established in the shoreline master program, the zone boundary is the ordinary
high water mark.
D. Other Cases. Where a zone boundary is not indicated to follow a property line or public right-of-way, the
boundary line is as drawn, based upon the scale shown on the zoning map.
E. Classification of Vacated Rights-of-Way. Where a right-of-way is vacated, the area comprising the vacated
right-of-way shall acquire the classification of the property to which it reverts unless otherwise provided by
city council action.

Instructions to reader: EMC 19.04, regarding Definitions, will be repealed and replaced with this chapter on
Definitions for the Unified Development Code. For a summary of the effect of the changes to definitions from
current definitions, please visit the Rethink Zoning Library at https://everettwa.gov/2453/Rethink-Zoning-Library.
Chapter 19.04 Definitions
Table of Contents
CHAPTER 19.04 DEFINITIONS ........................................................................................................................... 1
19.04.010 OVERVIEW. ............................................................................................................................................... 1
19.04.020 GENERAL DEFINITIONS. ................................................................................................................................ 1
19.04.030 LOT, BUILDING, AND STRUCTURE DEFINITIONS. ................................................................................................ 7
19.04.040 MEASUREMENT DEFINITIONS. ..................................................................................................................... 10
19.04.050 USE DEFINITIONS, RESIDENTIAL. .................................................................................................................. 11
19.04.060 USE DEFINITIONS, COMMERCIAL.................................................................................................................. 14
19.04.070 USE DEFINITIONS, INDUSTRIAL. ................................................................................................................... 16
19.04.080 USE DEFINITIONS, PUBLIC-INSTITUTIONAL-QUASI-PUBLIC. ............................................................................... 17
19.04.090 USE DEFINITIONS, MISCELLANEOUS.............................................................................................................. 19
19.04.100 USE DEFINITIONS, OTHER. .......................................................................................................................... 21
19.04.110 CRITICAL AREAS DEFINITIONS. ...................................................................................................................... 22
19.04.120 SIGN DEFINITIONS. .................................................................................................................................... 29
19.04.130 HISTORIC RESOURCE DEFINITIONS. ............................................................................................................... 32
19.04.010 Overview.
Except where specifically defined in this chapter or other sections of this title, all words used in this title shall have
the meaning commonly or logically associated therewith. When not inconsistent with the context, words used in
the present tense include the future, words in the singular include the plural, and words in the plural include the
singular. The word “person” may be taken for persons, association, firm, partnership or corporation as well as the
individual. The masculine includes the feminine. The word “occupied” includes premises designed or intended to
be occupied; the word “used” includes designed or intended to be used. The word “shall” is always mandatory; the
word “may” denotes a use of discretion in making a decision.
19.04.020 General Definitions.

“Accessory building” means a building which is subordinate and incidental to the permitted principal building,
located on the same lot with such principal building, and erected or established only after or in conjunction with
the establishment of the principal building. An accessory building includes, but is not limited to, garages, carports,
storage buildings, and other similar buildings.
“Accessory use, activity or structure” means a use, activity, structure or part of a structure which is customarily
subordinate and incidental to the permitted principal use or building, located on the same lot with such principal
use or building, and erected or established only after or in conjunction with the establishment of the principal use
or building. A caretaker’s or watchman’s quarters are considered to be an accessory use in industrial zoning
districts.
“Airport approach area” is the area of land under an imaginary approach surface of an airport as described in 14
CFR Part 77.19(d).
“Airport compatibility area” or “ACA” means an area adjacent to a public use airport where land uses that are
incompatible with airport operations are discouraged. The airport compatibility area is the area within a specified
Ch. 19.04 Definitions 1 Planning Commission Recommendation (09/08/20)

distance of each runway, to be measured as a distance extending outward from the portion of the runway
centerline between runway thresholds.
“Airport hazard” means any structure or tree or use of land which obstructs the air space required for the flight of
aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft.
“Airport influence area” or “AIA” means an area within a specified distance of a public use airport that may
experience impacts from airport operations. The airport influence area is the area within a specified distance of
each runway, to be measured as a distance extending outward from the portion of the runway centerline between
runway thresholds.
“Airport runway protection zone” means a trapezoidal area at ground level off the end of an airport runway, the
dimensions of which are defined by the Federal Aviation Administration to enhance the safety and protection of
people and property on the ground.
“Airport transitional area” is the area of land under an imaginary transitional surface of an airport as described in
14 CFR Part 77.19(e).
“Alley” means a public or private way permanently reserved as a means of access to abutting property.
“Antique” means a product that is sold or exchanged because of the value derived by the age of the product being
greater than fifty years.
“Applicant” means a person who applies for any permit or approval to do anything governed by this chapter and
who has legal standing to apply for a permit or approval on the specific property.
“Architectural barrier” means a fence, berm, wall or combination of earth, plant and structural materials designed
and constructed to reduce visual or noise impacts between properties or uses.
“Assurance device” means a financial mechanism by which the city assures compliance with the requirements of
this chapter or other development or use entitlement.
“Brownfield” is real property, the expansion, redevelopment or reuse of which may be complicated by the
presence or potential presence of a hazardous substance, pollutant, or contaminant.
“Building official” means the building official for the city or his/her designee.
“Business license” means a license issued by the city for the purpose of collecting business tax revenues.
“Cease(d)” means, for purposes of Chapter 19.38 of this title, to come to an end; to not use; to vacate. For
purposes of Chapter 19.38, no showing of intent to cease is required.
“Certificate of occupancy” means a permit to occupy a building.
“City attorney” means the city attorney for the city or his/her designee.
“City council” means the city council of the city.
“City engineer” means the public works director for the city or his/her designee.
“Clearing” means the act of removing or destroying vegetation or other organic plant materials by physical,
mechanical, or chemical means.
“Code compliance officer” means the code compliance officer for the city.
“Comprehensive plan” means the city of Everett comprehensive plan, including any subarea plans, adopted
pursuant to Chapter 36.70A RCW.

“Conditional use” means a use, which because of its unusual size, infrequent occurrence, special requirements,
possible safety hazards, or other possible detrimental effects on surrounding properties, may be approved only
after a public hearing.
“Day, working” means any day on which the city administrative offices are open for normal business.
“Development” means all structures, uses or other alterations or modifications of the natural landscape occurring
above or below ground or water on a particular lot. Within the riparian habitat zone or the special flood hazard
area, the definition of “development” shall also include removal of substantial native vegetation, or alteration of
natural site characteristics.
“Development permit” means any permit issued by the city to use or develop property that must be issued before
initiating the use or development.
“Disabled person” means a person who is defined as handicapped under the provisions of the federal Fair Housing
Act Amendments of 1988.
“Drainage facility” means the system of collecting, conveying and storing surface and stormwater runoff. Drainage
facilities shall include but not be limited to all surface and stormwater runoff conveyance and containment
facilities, including streams, pipelines, channels, ditches, wetlands, infiltration facilities, retention/detention
facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural
and manmade.
“Drive-in window or station” means a window or station used for providing service to customers who remain
seated in their vehicles to conduct a business transaction, such as are commonly found at restaurants, financial
institutions, or other similar businesses.
“Drive-through, drive-up or drive-in service” means a type of service provided by a business that allows customers
to purchase products, food, beverages or services without leaving their cars.
“Electric vehicle” means any vehicle that operates, either partially or exclusively, on electrical energy from the grid,
or an off-board source, that is stored on-board for motive purpose. “Electric vehicle” includes: (1) a battery electric
vehicle; (2) a plug-in hybrid electric vehicle; (3) a neighborhood electric vehicle; and (4) a medium-speed electric
vehicle.
“Electric vehicle charging station” means a public or private parking space that is served by battery charging
station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive
means) to a battery or other energy storage device in an electric vehicle.
“Electric vehicle charging station—restricted” means an electric vehicle charging station that is (1) privately
owned and restricted access (e.g., single-family home, executive parking, designated employee parking) or (2)
publicly owned and restricted (e.g., fleet parking with no access to the general public).
“Erosion” means the process whereby the landform is worn away by the action of water, wind, rain, or ice activity.
“Family” means any number of persons related by blood, marriage or legal adoption and including foster children
and exchange students living together as a single housekeeping unit. “Family” also means the following when living
together as a single, not-for-profit housekeeping unit:
1. A group of not more than four related and unrelated adults and their related minor children, but not to
exceed a total of eight related and unrelated persons; or
2. Not more than eight disabled persons, whether adults or minors, living together in a consensual
residential living arrangement, but not to exceed a total of eight persons; or
3. State licensed adult family homes as defined by RCW 70.128.010; or
4. State licensed foster family homes and group care facilities as defined in RCW 74.15.020.

For the purposes of this definition, an adult is a person eighteen years of age or older, and a minor child is a
person under the age of eighteen years old.
“Geologist” means a person who is licensed in the state of Washington under the provisions of Chapter 18.220
RCW and Chapter 308-15 WAC, and who has at least one year of practical experience in the Pacific Northwest.
“Grading” means any excavating, filling, or clearing of land or any combination thereof.
“Hearing examiner” means the land use hearing examiner for the city.
“Historical commission” means the historical commission for the city.
“Homeless” means a person who lacks a fixed, regular, and adequate nighttime residence, and who has a primary
nighttime residence that is:
1. A supervised publicly or privately operated shelter designed to provide temporary living accommodations;
or
2. An institution that provides a temporary residence for mentally ill individuals intended to be
institutionalized; or
3. A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for
human beings.
“Landscaping” means the planting, removal and maintenance of vegetation along with the movement and
displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal
and maintenance of vegetation.
“Low impact development (LID)” means a stormwater management strategy that emphasizes conservation and
the use of existing natural site features integrated with distributed, small-scale stormwater controls to more
closely mimic natural hydrologic patterns in developed settings.
“Metro Everett” means the regionally designated growth center for Snohomish County identified in Chapter 2 of
the Everett Comprehensive Plan.
“Minor exterior alteration” means development that alters the exterior envelope to a building whose value over a
three-year period does not exceed fifty percent of the building’s valuation based on the city of Everett’s valuation
methods.
“Municipal Code” means the various laws of the city contained within the Everett Municipal Code.
“Native vegetation” means vegetation on a site or plant species which are indigenous to the area in question; or if
the site has been cleared, species of a size and type that were on the site on the effective date of this title or
reasonably could have been expected to have been found on the site at the time it was cleared.
“Natural topography” means the elevation of a parcel of land prior to any human modification of the topography.
“Nonconforming building” means a legally established structure or building, the size, dimensions, or setbacks of
which met the applicable Unified Development Code requirements in effect at the time the building was
constructed, but which fails by reason of adoption, revision or amendment of the Unified Development Code to
conform to the present requirements of the zone in which it is located.
“Nonconforming landscaping” means on-site landscaping, the dimensions, area or location of which met the
applicable Unified Development Code requirements in effect at the time the use or building was established, but
which fails by reason of adoption, revision or amendment of the Unified Development Code to conform to the
present requirements of the zone in which it is located.
“Nonconforming lot” means a legally established lot, the area, dimensions or location of which met the applicable
Unified Development Code requirements in effect at the time the lot was created, but which fails by reason of such

adoption, revision or amendment of the Unified Development Code, to conform to the present requirements of
the zone in which it is located.
“Nonconforming parking” means legally established off-street parking for a particular use, the quantity, design,
location or construction of which met the applicable Unified Development Code requirements in effect at the time
the use was established, but which fails by reason of adoption, revision or amendment of the Zoning Code to
“Nonconforming use” means a legally established use which met the applicable Unified Development Code
requirements at the time it was established but which fails by reason of adoption, revision or amendment of the
Unified Development Code to conform to the present requirements of the zone in which it is located.
“Off-street parking area” means an area designed and/or used for parking vehicles which is not located in a street
or alley right-of-way.
“Outdoor storage of bulk materials” means the holding or stockpiling on land of material and/or products in a
bulk form or in bulk containers, including but not limited to aggregate, topsoil, powder, grain, stone, bricks, wood
chips, metal, building materials, parts, pallets, utility piping, used materials, and metal. Bulk materials may include
products for sale, materials used in manufacturing activities, inoperable equipment or vehicles, and recycled
materials.
“Owner” means the holder of fee title, a mortgagee, or contract purchaser.
“Park” means any property designated, dedicated, or developed by or on behalf of a government entity for park or
open space use, including passive and active forms of recreation.
“Parking space” means a portion of an off-street parking area, meeting the city’s design and construction
standards, having access to a public street or alley.
“Planning commission” means the planning commission for the city.
“Planning department” means the planning department for the city.
“Planning director” means the planning director for the city or his/her authorized representative.
“Practicable” means possible or capable of being done.
“Principal building” means the primary or predominant building on a lot.
“Principal use” means the primary or predominant use of any lot or building.
“Public agency” means any agency, political subdivision, or unit of local government of this state including but not
limited to municipal corporations, special purpose districts, and local service districts; any agency of the state, the
United States, or any Indian tribe recognized as such by the federal government.
“Public works director” means the public works department director for the city or his/her authorized
representative.
“Reasonable alternative” means an alternative that is available and capable of being carried out after taking into
consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to
regulated critical areas. It may include an area not owned by the applicant which could reasonably have been or be
obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity.
“Recreational vehicle” means a vehicle which is a) built on a single chassis; b) four hundred (400) square feet or
less when measured at the largest horizontal projection; c) designed to be self-propelled or permanently towable
by a light duty truck; and d) designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.

“Redevelopment” means the process to rebuild, restore or develop an area or property that has previously been
developed for a specific use or purpose.
“Repair or maintenance” means an activity that restores the character, scope, size, and design of a serviceable
area, structure, or land use to its previously authorized undamaged condition. Activities that change the character,
size, or scope of a project beyond the original design and alter a regulated critical area are not included in this
definition.
“Retention/detention facility” means a type of drainage facility designed either to hold water for a considerable
length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to
hold runoff for a short period of time and then release it to the surface and storm water management system.
“Review authority” means the individual or the board, council or commission with authority to review, make
recommendations concerning, or approve development permits.
“Review process” means the procedure listed in Title 15, Local Project Review Procedures, by which a specific use
shall be evaluated before a determination is made concerning the issuance of an approval, a license or permit.
“Right-of-way” means the actual property which is publicly dedicated or reserved for street and alley access and
for other public purposes such as public utilities, bicycle paths, and pedestrian walkways.
“Sensitive land uses” means those land uses which are particularly sensitive to the secondary effects of adult use
businesses. Sensitive land uses include the following:
4. Single-family and multiple-family residential zones;
5. Churches, or other religious facilities or institutions;
6. Public and private schools, training facilities and technical schools which have twenty-five percent or
more of their students under the age of eighteen;
7. Public parks and playgrounds;
8. Community development block grant designated neighborhoods.
“SEPA” means the current edition of the State Environmental Policy Act and the city ordinance implementing the
State Act.
“Street” means a public or private thoroughfare which provides the principal means of access to abutting
properties.
“Traffic engineer” means the traffic engineer for the city.
“Transfer of development rights” means, in general, the process for transferring development rights from a
sending site to a receiving site.
“Use” means the activity or function carried out on an area of land, or in a building located thereon.
“Vacate” means to move out; to make vacant or empty; to leave.
“Water-dependent” has the same meaning as set forth in Chapter 8 of the Everett Shoreline Master Program.
“Water-dependent use” has the same meaning as set forth in Chapter 8 of the Everett Shoreline Master Program.
“Water-related uses” has the same meaning as set forth in Chapter 8 of the Everett Shoreline Master Program.
“Zone” means a specifically delineated area within the city, which is indicated on the zoning map, within which
regulations and requirements uniformly govern the use, location and size of buildings and land.
“Zoning map” means the map adopted by the city showing the geographic location of zones within the municipal
boundaries.

19.04.030 Lot, Building, and Structure Definitions.
“Antenna” means any exterior apparatus or apparatuses designed for telephonic, radio, data, internet, or other
communications through the sending and/or receiving of electromagnetic waves or radio frequency signals,
including without limitation equipment attached to a tower or building for the purpose of providing personal
wireless services.
“Awning—canopy” means a fixed-roofed structure, with open sides, which provides shade or protection and is in
whole or in part self-supporting.
"Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the
areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by
local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions
for the use of the land as are established by the local government body having authority to approve the site plan;
and (c) contains provisions making any development be in conformity with the site plan.
“Blank wall” means exterior ground floor walls of buildings visible from a street or publicly accessible open space
that are over four feet in height with a horizontal length greater than fifteen feet, and do not include a window,
door, building modulation or other architectural detailing. Building walls adjacent to an alley and exterior fire walls
built along interior property lines are not considered blank walls.
“Building” means any structure built for the support, shelter or enclosure of persons, animals, vehicles, mechanical
devices or property of any kind. When separated by common walls located on property lines, each portion of such
structure shall be deemed a separate building. A building is constructed to include exterior walls of the structure,
usually solid from the ground to the roof line except for window and door openings.
“Building appurtenance” means chimneys, steeples, television and radio antennas, ham radio antennas, television
dish antennas, flagpoles, and vent pipes in any zone, and mechanical systems in zones other than single-family
zones, and other similar features, excluding signs, which are customarily located on or above the roof of a building.
“Carport” means a covered shelter for an automobile, open on two or more sides.
“Courtyard” means any portion of the interior of a lot which is fully or partially enclosed by the walls of a building
or buildings on the same development site, which is not within a required setback area and is unobstructed from
the ground upward.
“Dish antenna” means a parabolic-shaped antenna which is designed to receive television broadcasts or other
electronic communication signals. The antenna is considered as an accessory structure unless it is attached to the
principal building, in which case it is considered a building appurtenance.
“Driveway” means an area of property designed to provide access between a street and a building or parking area.
“Dwelling” means one or more habitable rooms which are designed to be occupied by one family with facilities for
living, sleeping, cooking, eating, and sanitation, which meets the minimum requirements of the Everett Housing
Code, and in which all habitable rooms are internally accessible from within the dwelling.
“Duplex” contains two dwelling units (see EMC 19.05 “Dwelling, 2-unit”), but unlike a townhouse, a duplex could
be two units on separate floors (upper unit and lower unit) or two units joined at the side.
“Facade” means the entire building exterior wall face, including grade to the top of the parapet or eaves, and the
entire width of the building elevation. For buildings with more than one occupant, the facade for each occupant
shall be that portion of the exterior wall face between the points where interior walls between tenants intersect
with the exterior wall.
“Fence” means a manmade barrier erected to enclose, screen or separate areas of land.

“Frontage” means the area between (and/or on) a building facade and the public right-of-way or the pavement of
a public sidewalk.
“Garage” means an accessory building constructed of at least three walls, designed or used for the shelter or
storage of vehicles owned or operated by the occupants of the principal building.
“Garage, private attached” means a portion of the principal building which is attached by a common wall or
substantial roof structure to the principal dwelling designed or used for the storage or shelter of vehicles owned or
operated by the occupants of the principal building.
“Green roof” means an engineered roofing system that allows for the propagation of rooftop vegetation while
maintaining the integrity of the underlying roof structure and membrane.
“Lot” means an area of land established by plat, subdivision or as otherwise permitted by law to be used,
developed or built upon in accordance with the provisions of the Zoning Code.
“Lot, corner” means a lot located at the junction of and fronting on two or more intersecting streets.
“Lot, interior” means any lot which is not a corner lot.
“Lot line” means a line of record that divides one lot from another lot or from a public or private street or alley.
“Lot line, front” means the lot line dividing a lot from the street. On a corner lot, only the shorter lot frontage shall
be considered as the front lot line. On a panhandle lot, the front lot line and setbacks shall be determined during
the subdivision approval process, or, if not determined during subdivision review, shall be determined by the
planning director.
“Lot line, rear” means the lot line opposite and most distant from the front lot line. In the case of triangular or
other irregularly shaped lots, an imaginary line ten feet in length located entirely within the lot, parallel to and at a
maximum distance from the front lot line.
“Lot line, side” means any lot line which is not a front or rear lot line.
“Lot, panhandle” means a lot with access provided to the bulk of the lot by means of a narrow strip of land which
does not meet the full frontage or width requirements of this title.
“Lot, substandard” means a lot that does not meet minimum lot area and/or dimensional (lot width, lot depth
and/or lot frontage) requirements of this title.
“Manufactured home”, “mobile home”, “mobile home park subdivision”, “manufactured housing subdivision”,
“mobile home park”, “manufactured housing community” or “manufactured/mobile home community” has the
same meaning as set forth in RCW 59.20.030. “Designated manufactured home” or “new manufactured home”
has the same meaning as set forth in RCW 35.63.160.
“Marquee” means a permanent roof-like structure or canopy of rigid material supported by and extending from
the facade of a building.
“Open space” means land area not covered by buildings, roads, driveway and parking areas, or outdoor storage
areas, including, but not limited to, landscape areas, gardens, woodlands, walkways, courtyards or lawns, and
outdoor recreation areas. Except as otherwise provided by this title, open space includes setback areas that meet
the requirements defined in this chapter.
“Open space, common” means private open space provided within a development which is provided for, and
which is permanently accessible to, all residents/tenants of the development.
“Open space, private” means a small parcel of land or outside area (deck, lanai, patio) immediately adjacent to an
individual dwelling unit maintained by and for its residents and reserved exclusively for their use.

“Open space, public” means an area that is visible and accessible to the public, but may be designed for the use
and enjoyment of the development.
"Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into
lots, blocks, streets and alleys, or other divisions and dedications.
"Plat, final" is the final drawing of the subdivision and dedication prepared for filing for record with the county
auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted
under this chapter.
"Plat, preliminary" is a neat and approximate drawing of a proposed subdivision showing the general layout of
streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this
chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a
subdivision.
“Porch” means a roofed shelter, usually open at the sides, projecting from the face of a building and used to
protect the entrance to a building; a carport is not considered a porch.
"Short plat" is the map or representation of a short subdivision.
“Short subdivision” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites or divisions
for the purpose of sale, lease, or transfer of ownership.
“Stoop” means a small stair, landing or ramp connecting a building entrance to a walkway or sidewalk.
“Street-facing dwelling unit façade”, means a ground or first floor of a dwelling unit façade facing, and within
thirty (30) feet, of a front or side-street lot line on a public street.
“Structure” means a combination of materials constructed or erected on or under the ground, or attached to
something having a permanent location on or under the ground.
“Structured Parking” means a structure in which vehicle parking is accommodated on multiple stories or floors.
“Subdivision” means the division or redivision of land into ten or more lots, tracts, parcels, sites or divisions for the
purpose of sale, lease, or transfer of ownership.
“Swale” means a shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less
than one foot.
“Tiny home”, “tiny house” or “tiny house with wheels” has the same meaning as set forth in RCW 35.21.686,
which is a dwelling to be used as permanent housing with permanent provisions for living, sleeping, eating,
cooking, and sanitation built in accordance with the state building code.
"Tiny house communities" has the same meaning as set forth in RCW 35.21.686, which is real property rented or
held out for rent to others for the placement of tiny houses with wheels or tiny houses utilizing the binding site
plan process in RCW 58.17.035.
“Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or
more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term encompasses
personal wireless service facilities towers, microwave towers, common-carrier towers, cellular telephone towers,
personal communications services tower, alternative tower structures, and other similar structures, and its
attendant base station.
“Townhouses”, also called ”single-family, attached”, are buildings joined at the side by a common wall. Each
dwelling has up to two or three stories and no dwellings are placed over another. Each dwelling has individual and
direct pedestrian access to the street and typically contains some private open space in the front and back. A

development of townhouses could include two units attached (see EMC 19.05 “Dwelling, 2-unit”) or multiple units
attached.
19.04.040 Measurement Definitions.
“Base elevation” means the average elevation of the approved topography of a parcel at the midpoint on each of
the four sides of the smallest rectangle which will enclose the proposed structure, excluding all eaves and decks.
The approved topography of a parcel is the natural topography of a parcel or the topographic conditions approved
by the city prior to January 1, 1988, or as approved by a subdivision, short subdivision, binding site plan, shoreline
substantial development permit, or SEPA environmental review issued after January 1, 1988. On any lot
exhibiting evidence of an unapproved fill, a soils analysis may be required to determine the approved topography.
An approved bench mark will establish the relative elevation of the four points used to establish the base
elevation.
“Benchmark” means a fixed reference point or object, more or less permanent in character, the elevation of which
is known, or to which a nominal elevation can be assigned.
“Buildable area” means the lot area minus undevelopable areas.
“Building footprint” means the perimeter of a building at the outer edge of the outside walls of the building,
including cantilevered portions of a building.
“Caliper” means diameter of a tree trunk measured six inches above the ground.
“Density” means a ratio of dwelling units to lot area, usually expressed in terms of dwellings per acre or square
feet of land area per dwelling unit.
“Finished ground floor levels” is measured as the elevation from ground level to the floor level of the first story of
the building at the main entrance.
“Floor” is the habitable level within a building that is above grade. Exposed basements less than four feet from
grade or attics not exceeding four feet at the knee-wall shall not constitute a floor.
“Floor area ratio” means a measure of development intensity which is the gross building area (square footage of
the total floor area except parking areas) divided by the lot area.
“Floor height” is measured from the surface of any floor to the surface of the floor above it or, if there is no floor
above, from the surface of the floor to the top of the wall plate.
“Floorplate” is the total gross floor area of any given floor of a building, measured to the exterior of the wall or
balcony.
“Grade” means the elevation of a lot prior to development.
“Grade, finished” means the elevation of a lot after completion of development.
“Gross floor area” means the sum of the gross horizontal areas of the floors of a building or buildings, measured
from exterior faces of exterior walls, and from the centerline of common walls.
1. Gross floor area includes: basement space, elevator shafts and stairwell at each floor, mechanical
equipment rooms or attic spaces with headroom of seven feet, six inches or more, penthouse floors,
interior balconies and mezzanines, and enclosed porches.
2. Gross floor area shall not include: accessory water tanks and cooling towers, mechanical equipment
rooms or attic spaces with headroom of less than seven feet, six inches, exterior steps or stairs, terraces,
breezeways, and open spaces.
“Ground floor” means the floor of a building closest to the height of the adjacent front street sidewalk or, where
no sidewalk exists, closest to the height of the grade at the front lot line.

“Height, building”. See EMC 19.22 for how heights are measured.
“Line of sight” with respect to the siting of secure community transition facilities means the maximum
unobstructed distance at which it is possible to reasonably visually distinguish and recognize individuals. For the
siting of secure community transition facilities, this distance is six hundred feet. However, a distance less than six
hundred feet may be considered if the applicant demonstrates that visual barriers exist or can be created that
would reduce the line of sight to a distance less than six hundred feet.
“Lot area” means the total area within the lot lines of a lot, excluding any primary access easements or
panhandles, and excluding any area dedicated for public right-of-way purposes.
“Lot coverage by building” means the amount or percent of the ground area of a lot on which buildings are
located. This amount/percent includes all areas which are partially or totally enclosed and covered by a weather
tight roof, including any garages, carports, and cantilevered portions of a building which are not above the ground
floor of a building, and storage areas covered by a watertight roof even if not fully enclosed. Building coverage
does not include eaves, decks, and uncovered porches. Minor portions of panhandle lots and primary access
easements shall not be included in the lot area for purposes of calculating building coverage.
“Lot depth” means the mean distance between the front lot line and rear lot line.
“Lot frontage” means the length of the front lot line measured at the street right-of-way.
“Lot width” means the horizontal distance between side lot lines measured at right angles to the lot depth at a
point midway between the front and rear lot lines.
“Setback” means the required minimum distance between any lot line and any structure, building or use.
“Setback, average” means calculating the average front setback of two adjacent properties. If the property is on
the corner, the average setback is the front setback of the adjacent properties. If there are no adjacent properties,
then there is no average setback unless otherwise allowed in this code.
Setback, Front. “Front setback” means the required minimum distance between the front lot line and any
structure, building or use.
Setback, Rear. “Rear setback” means the required minimum distance between the rear lot line and any structure,
building or use.
Setback, Side (Interior). “Side (interior) setback” means the required minimum distance between the side lot line
which does not abut a street and any structure, building or use.
Setback, Side (Street). “Side (street) setback” means the required minimum distance between the side lot line
abutting the street on a corner lot and any structure, building or use.
19.04.050 Use Definitions, Residential.

“Adult family home” means a home in which twenty-four-hours-per-day residential care is provided for up to four
adults by an owner or tenant of the home in which care is provided plus the family of the provider. Under certain
circumstances, up to six adults may be accommodated, in accordance with the regulations of the Washington State
Department of Social and Health Services.
“Assisted living facility” means a residential facility for elderly persons (age fifty-five or older) who require
moderate to extensive assistance with daily tasks such as cooking, eating, bathing, housekeeping, dispensing of
medicines, shopping, appointments and other tasks.

“Bed and breakfast house” means an owner-occupied dwelling which is used to provide overnight guest lodging in
not more than five guest rooms and which usually provides a morning meal as part of the room rate structure.
“Congregate care facility” means a residential facility for the elderly. The minimum age limit for the elderly is fifty-
five years for the residents, with younger spouses permitted. The facility typically has a central lobby, common
dining area, hobby and/or recreational rooms. The fee structure shall include at least one meal per day in the
common dining area. Accessory support uses for the tenants, such as pharmacies, banking service, etc., may be
included.
“Day care, family home” means day care provided in the home as an incidental use to the principal residential use
of the property, for up to twelve children full time, or six adults full time, or as otherwise provided by the state of
Washington.
“Dormitory” means a building with sleeping accommodations, without in-room cooking facilities, for residents
affiliated with an educational, religious, or other institution.
“Dwelling unit, accessory,” or “ADU,” means a dwelling unit located on the same lot as a single-family housing
unit, duplex, triplex, or townhome.
1. A “detached” accessory dwelling unit (DADU) means an accessory dwelling unit that consists partly or
entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex or
townhome.
2. An “attached” accessory dwelling unit means an accessory dwelling unit located within or attached to a
single-family housing unit, duplex, triplex or townhome.
“Dwelling unit, micro-housing” or “small efficiency dwelling unit” means a single, independent, residential
dwelling unit within a multifamily building of no less than 24 units and consisting of one habitable room (excluding
kitchen, bath, closets, storage areas, and built-ins). These units have a living room floor area two hundred twenty
square feet or less, or a total gross unit size three hundred twenty square feet or less.
“Dwelling unit” means a residential living unit that provides complete independent living facilities for one or more
persons and that includes permanent provisions for living, sleeping, cooking, eating, and sanitation, which meets
the minimum requirements of the Everett Housing Code, and in which all habitable rooms are internally accessible
from within the dwelling.
“Dwelling, 1-unit” means a detached building designed for and occupied by only one household, sharing no
common walls with other dwelling units, except an accessory dwelling unit (“ADU”).
“Dwelling, 2-units” means a building designed for and occupied by two households, living independently of each
other in separate dwelling units. A 2-unit dwelling may be attached by a common wall or walls or stacked in a
manner that individual dwelling units are located above or below other dwelling units. A 2-unit dwelling does not
include an accessory dwelling unit (“ADU”) which may be permitted on a lot with a 1-unit dwelling.
“Dwelling, 3- to 4-units” means a building designed for and occupied by three or four households, living
independently of each other in separate dwelling units. A 3- to 4-unit dwelling may be attached by a common wall
or walls or stacked in a manner that individual dwelling units are located above or below other dwelling units.
“Dwelling, cottage housing” means small, detached dwelling units clustered around a central common open
space.
“Dwelling, multiple-family” means a buildings) or portion of a building arranged or designed to be occupied by five
or more families living independently of each other..
“Family Home (Day Care and Adult)”. Please see definition of “adult family home” and “day care, family home.”

“Group housing, Category 1” means a state-licensed residential care facility designed to serve as the primary
residence for up to six (6) individuals and two resident staff, which has shared living quarters without separate
bathroom and/or kitchen facilities for each unit.
“Group housing, Category 2” means a state-licensed residential care facility designed to serve as the primary
residence for seven (7) to sixteen (16) individuals and resident staff, which has shared living quarters without
separate bathroom and/or kitchen facilities for each unit.
“Group housing, Category 3” means a state-licensed extended care facility, including an assisted living facility,
congregate care facility, nursing or convalescent home, and any other group housing serving more than sixteen
(16) individuals.
“Group housing, Temporary Shelter” means a shelter providing temporary housing accommodations (90 days or
less) that includes a sponsor and managing agency, the primary purpose of which is to provide temporary shelter
for people experiencing homelessness in general or for specific populations of the homeless, or temporary shelter
for people experiencing domestic violence. In addition to shelters which provide shelter for up to 90 days,
temporary shelters may also include temporary building encampments, temporary safe parking areas, temporary
outdoor encampments or vehicle resident safe parking for the homeless, and temporary tiny house encampments.
“Live/work” units mean built spaces that function predominantly as work spaces and secondarily as residences.
“Managing agency” means an organization that has the capacity to organize and manage a homeless
encampment. A “managing agency” may be the same entity as the sponsor.
"Mobile home park," "manufactured housing community," or "manufactured/mobile home community" has the
same meaning as in RCW 59.20.030: any real property which is rented or held out for rent to others for the
placement of two or more mobile homes, manufactured homes, or park models for the primary purpose of
production of income, except where such real property is rented or held out for rent for seasonal recreational
purpose only and is not intended for year-round occupancy.
“Nursing or convalescent home” means a facility or institution for the care of the aged or infirm, or a place of rest
for those suffering bodily disorders. This term does not include hospitals or facilities for the primary treatment of
sickness or injuries, or for surgical care, or congregate care facilities.
"Permanent supportive housing" has the same meaning as RCW 36.70A.030(16). “”Permanent supportive
housing” is subsidized, leased housing with no limit on length of stay that prioritizes people who need
comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers
to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental
history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site
voluntary services designed to support a person living with a complex and disabling behavioral health or physical
health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving
into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's
health status, and connect the resident of the housing with community-based health care, treatment, or
employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in
chapter 59.18 RCW.”
“Recreational vehicle (RV) park” means real property rented or held out for ret to others for the placement of
recreational vehicles.
“Rooming house” means a structure used for the purpose of providing lodging or lodging and meals, for persons
other than those under the “family” definition, for a period longer than thirty days. This term includes cooperative
housing and similar establishments but does not include hotels, motels, medical care facilities or bed and breakfast
inns.

“Secure community transition facility” means a facility, as defined in RCW 71.09.020, for the housing of sexually
violent predators.
“Short-term rental” means the use of an entire dwelling unit by any person or group of persons to occupy for rent
for a period of less than thirty consecutive days. Short-term rentals do not include bed and breakfast inns, hotels
and motels.
“Sponsor” means a local faith-based or other local community-based organization that has an agreement with the
managing agency to provide basic services and support for the residents of a homeless encampment, such as
shelter, food and sanitation, and liaison with the surrounding community and joins with the managing agency in an
application for a temporary use permit. A “sponsor” may be the same entity as the managing agency.
“Supportive housing” means a combination of housing, including low barrier housing, and services intended as a
cost-effective way to help people live more stable and productive lives. The housing type is a multiple-family
dwelling owned or sponsored by a qualified nonprofit provider or government entity, designed for occupancy by
persons that are either (1) experiencing or at risk of experiencing homelessness; (2) are experiencing a disability
that presents barriers to employment and housing stability; or (3) generally require structured supportive services
such as case management and twenty-four-hour on-site facility management to be successful living in the
community and is intended to provide long-term, rather than transitional, housing.
“Tiny house" and "tiny house with wheels" means a dwelling to be used as permanent housing with permanent
provisions for living, sleeping, eating, cooking, and sanitation built in accordance with the state building code.
"Tiny house communities" means real property rented or held out for rent to others for the placement of tiny
houses with wheels or tiny houses utilizing the binding site plan process in RCW 58.17.035.
19.04.060 Use Definitions, Commercial.

“Animal day care” means short-term daytime (not overnight) care for dogs, cats and other small animals.
“Auto fuel sales:” means a business selling gasoline, diesel and other fuel products such as propane. This includes
convenience stores selling food and related items.
“Automobile and truck service, heavy” means a business where vehicle repair and maintenance of heavy trucks
over 18,000 pounds and other large equipment is performed.
“Automobile and truck service, light” means a business where vehicle repair and maintenance, cleaning and
alterations are performed. Cleaning includes automatic and self-service washing, vacuuming and detailing.
“Automobile dismantling/recycling” means the disassembly of vehicles, together with sorting, cleaning and
storage of spare parts and recyclable materials, such as scrap metals.
“Automobile drive-through facility” means all equipment and improvements used to allow customers to be served
from within their vehicles. This includes order placing stations, speakers, service windows, signs, driveways and
holding lanes.
“Automobile, light truck or RV sales or rental” means a business where new or used cars, light trucks and
recreational vehicles are displayed for sale, rent or lease, typically outdoors on a paved parking lot. This use may
include a showroom and/or service facility.
“Body repair and painting” means a business that includes repair of damaged vehicles and painting or repainting.
“Casino, mini” means a business which provides gambling and gaming as a primary source of its revenue, which
may include food and beverage sales for consumption on the premises as a secondary part of its business activity.

“Clinic” means a building or portion of a building designed and used for the medical, dental or surgical diagnosis or
treatment of patients under the care of doctors.
“Commercial parking” means a parking lot or parking garage that is designed, used or intended to be used for the
parking of motor vehicles outside the street right-of-way. Commercial parking areas are used, rented or leased to
the general public, customers or residents of development, or are provided as public parking for persons
commuting to another location, such as a park-and-ride lot. This use does not include parking lots or garages which
are constructed as required for, or accessory to, another permitted use.
“Community services” means a use operated by a public agency, nonprofit, or other organizations of a charitable
nature generally providing a service to people of the community. Generally, they provide the service on the site or
have employees at the site on a regular basis. The service is ongoing, not just for special events. Examples include
drug and alcohol centers, social service facilities, soup kitchens, food banks, and surplus food distribution centers.
“Convention center” means a large civic building or group of buildings designed for conventions, industrial shows,
and the like, having large exhibit areas and often including conference rooms, hotel accommodations, restaurants,
and other facilities.
“Day care center, commercial” means a day care facility for more than twelve children or adults.
“Entertainment and recreation, enclosed” means an entertainment or recreation facility under private ownership
and operated by a for-profit or nonprofit organization, and providing one or more of the following types of
entertainment activities: cinemas, billiard parlors, nightclubs, coin-operated arcades, bowling alleys, ice skating
and roller skating; one or more of the following types of recreation facilities: fitness center, indoor gymnasium, spa
or health club including, tennis, handball, golf, squash, volleyball, racquetball, badminton, skate park and
swimming. The use does not include adult use business, adult retail or adult entertainment as defined in this title.
“Entertainment and recreation, not enclosed” means an entertainment or recreation facility under private
ownership and operated by a for-profit or nonprofit organization and providing one or more of the following types
of entertainment activities: ice skating; skate park and swimming; or commercial outdoor recreation, including golf
courses, archery range, or similar use.
“Equipment sales and rental” means service industry providing machinery, equipment and tools of all kinds and
sizes (from earthmoving to powered access, from power generation to hand-held tools, etc.) for a limited period of
time to final users, mainly to construction contractors but also to industry and individual consumers.
“Food or beverage establishment” means restaurants, cafes, and similar types of land uses that prepare and serve
edible goods for consumption by the customer including beverage service.
“Heavy truck and equipment sales” means a business where new or used trucks over 18,000 pounds are displayed
for sale, typically outdoors on a paved parking lot. This use may include a showroom and/or service facility.
“Hotel” or “Motel” means a transient accommodation offering three or more lodging units to guests for periods of
less than thirty days, and may also provide incidental services such as restaurants, meeting rooms or recreational
facilities. Also, see “Bed and Breakfast Inns”.
“Impound, storage, tow yard” means a lot used for the temporary storage of vehicles which have been towed by a
towing company or for impounded vehicles, but which does not include permanent vehicle storage or dismantling
of vehicles.
“Kennel, commercial” means an establishment that houses, cares for, breeds, or raises dogs, cats or other small
domestic animals for profit.
“Microbrewery, microdistillery, or microwinery” means a small-scale business located in a building where the
primary use is for restaurant, retail, or tasting room, and which specializes in producing limited quantities of wine,
beer, or other alcoholic beverage.

“Office” means a building or portion thereof which is used for general business, and nonprofit administrative
purposes not involving manufacturing, sale of inventory or provision of services involving manual skills or
mechanical processes. Not included in the category of office are those businesses and occupations defined by this
title as clinics, government administrative offices or uses such as private clubs.
“Retail sales and service” means a business providing products for retail sale or service to the general public or to
group members, excluding marijuana retail.
“Social service facility” means a facility housing a public or nonprofit agency that provides counseling, therapy or
other social or human services to persons needing such services. This definition does not include schools, hospitals,
clinics, day care, or residential uses.
“Storage, commercial” means a building or buildings containing separate storage spaces of a limited size leased or
rented on an individual basis, which do not include warehouses or loading docks. Where allowed, commercial
storage may also include separate storage space located outside of buildings, or under a roof only, such as boat or
RV storage, and is of a limited size leased or rented on an individual basis.
“Veterinary clinic” means a facility rendering surgical and medical treatment to animals, which may include
overnight accommodations for purposes of recovery. For the purpose of these regulations, small animals shall be
deemed to be ordinary household pets, excluding horses, donkeys, or other such animals not normally housed or
cared for entirely within the confines of a residence.
19.04.070 Use Definitions, Industrial.

“Aggregates extraction and related manufacturing” means the mining and processing of sand and gravel
resources and closely related manufacturing such as concrete or asphalt batch plants, manufacturing of products
using concrete or aggregate materials, storage and transport of mined or excavated materials, and other closely
related uses accessory to aggregate extraction activities.
“Aircraft assembly” means the assembly of aircraft components into finished aircraft or the repair, service or
maintenance of aircraft, including engine testing, test flights, and major overhaul or rebuilding.
“Distribution center” means a building designed to store products for retailers and wholesalers, to be redistributed
to another location or to customers.
“Freight terminal” means a transportation facility furnishing services incidental to air, motor freight, and rail
transportation. Examples of these facilities include: freight forwarding services; freight terminal facilities; joint
terminal and service facilities; overnight mail processing facilities; packing, crating, inspection and weighing
services; postal service bulk mailing distribution centers; transportation arrangement services; trucking facilities,
including transfer and storage.
“Heavy industrial, manufacturing, processing, fabrication or assembly” means uses that generate potentially
noxious or objectionable impacts such as noise, smoke, dust, vibration, odor, or concussion, the use or outdoor
storage of heavy equipment, or outdoor storage of large quantities of bulk materials.
“Heliport” means an area of land, water, or structural surface designed, used, or intended to be used for landing or
takeoff of passengers or cargo from or by helicopters, plus accessory buildings and uses.
“Light industrial, manufacturing, or assembly” means uses which are capable of being constructed, maintained
and operated in a manner designed to be compatible with adjoining residential, commercial or other less intensive
land uses. These uses do not generate noxious or objectionable impacts such as noise, smoke, dust, vibration,
odor, or concussion; do not require the use of heavy equipment; and do not involve outdoor storage of large
quantities of bulk materials or heavy equipment.

“Marine terminal” means a water-dependent transportation facility furnishing services incidental to barge, marine
shipping and other marine vessels.
“Railyard” means a complex series of railroad tracks for the assembly, storing, sorting, maintenance, or loading
and unloading, of railroad cars and locomotives. Railyards have many tracks in parallel for keeping rolling stock
stored off the mainline, so that they do not obstruct the flow of traffic.
“Storage yard” means the use of land to store material, equipment, or vehicles, and any structures associated with
the outdoor storage. This use includes bulk fuel, vehicle impound lot, bulk materials, large equipment and cargo
shipping containers.
“Warehouse” means a building used to store merchandise, materials or commodities.
19.04.080 Use Definitions, Public-Institutional-Quasi-Public.

“Above ground utility and communications facility, major” means a structure or improvement built or installed
above ground for the purpose of providing utility services or communications services to more than one lot.
Included in this definition for purposes of this title are electrical substations; water storage reservoirs or tanks or
pumping stations; telephone exchanges; manmade regional drainage detention or retention facilities; natural gas
regulating facilities greater than four feet in height; sewer lift stations; wireless communications facilities including
personal wireless service facilities; television or radio transmission or reception towers, antennas; and other
ancillary or similar facilities or structures housing utility or communications equipment or improvements as
determined by the planning director. This term shall not apply to equipment and vehicle storage yards, offices and
buildings used to support the operations of utility or communication service providers.
“Above ground utility and communications facility, minor” means fire hydrants; amateur radio antennas or
towers and television reception dishes or antennas for private residential use regulated by Section 19.39.040 of
this title; utility poles carrying electrical transmission lines with fifty-five thousand volts or less of electrical power;
pad-mounted switches and transformers; telephone or television cables; utility structures less than four feet in
height above grade, minor above ground equipment associated with underground utility facilities, or other such
similar facilities as determined by the planning director. This term shall not apply to equipment and vehicle storage
yards, offices and buildings used to support the operations of utility or communication service providers.
“Bicycle facilities” means improvements and provisions made to accommodate or encourage bicycling, including
parking facilities (bike racks) and bikeways.
“Cemetery” means land or structures dedicated for the interment of human or animal remains.
“Community garden” means a site where food, ornamental crops, or trees are grown for small-scale cultivation,
generally to residents of apartments and other dwelling types without private gardens.
“Correctional facilities” means public or private facilities providing for the confinement of juvenile offenders, for
the incarceration, confinement or detention of individuals arrested for or convicted of a crime, or for the
punishment, correction and/or rehabilitation of individuals convicted of crimes whose freedom is restricted. The
term “jails and correctional facilities” includes those group-care homes, Class II (as defined in this section, including
subclassifications II-A II-B, and II-C) which are exempt from the provisions of the Federal Fair Housing Act
Amendments of 1988 and the Washington Housing Policy Act (RCW 35.63.220).
“Food bank” is a place where stocks of food, typically basic provisions, are supplied free of charge to people in
need, by a nonprofit or charitable organization.
“Government administrative offices” means offices for federal, state, county, city or other governmental, public
utility, school district, or quasi-public agencies where staff of such agencies are employed in the administration of

government or public services. This term does not include correctional facilities, utility facilities, equipment storage
or parking, schools, fire stations, community centers, parks, or other public or quasi-public service uses specifically
listed in this title.
“Government” use means offices or facilities for federal, state, county, city or other governmental, public utility,
school district, or quasi-public agencies where staff of such agencies are employed in the administration of
government or public services. This term does not include correctional facilities, utility facilities, schools, parks, or
other public or quasi-public service uses specifically listed in this title.
“Hazardous waste” means all dangerous and extremely hazardous waste as defined in RCW 70.105.010(15),
except for moderate risk waste as set forth in RCW 70.105.010(17).
“Hazardous waste storage” means the holding of hazardous waste for a temporary period, as regulated by the
state dangerous waste regulations, Chapter 173-303 WAC.
“Hazardous waste treatment” means the physical, chemical or biological processing of hazardous waste for the
purpose of rendering these wastes for material resource recovery, amenable for storage, or reduced in volume, as
regulated by the state dangerous waste regulations, Chapter 173-303 WAC.
“Hazardous waste treatment and storage facility, off-site” means treatment and storage facilities which treat and
store hazardous wastes generated on properties other than those on which the off-site facilities are located.
“Hazardous waste treatment and storage facility, on-site” means treatment and storage facilities which treat and
store hazardous wastes generated on the same property.
“Hospital” means an institution that provides twenty-four-hour-per-day care for the diagnosis, treatment, care
and curing of individuals suffering from illness, injury or any condition requiring medical, obstetric, surgical, or
psychiatric care; and other related uses customarily incidental thereto.
“Institution of higher education” means public or private vocational and trade schools, academies, colleges, and
universities, including classrooms, administrative offices, cafeteria, athletic facilities, dormitories, and off-street
parking areas.
“Light rail station” means a dedicated public facility providing access to light rail trains and consisting of an
elevated platform with waiting areas, ticket vending machines and pedestrian facilities providing connections to
bus transit and the local community.
“Park” means any property designated, dedicated, or developed by or on behalf of a government entity for park or
open space use, including passive and active forms of recreation.
“Place of worship” or “religious facility” means a place for people to gather for religious practice. Examples
include churches, synagogues and mosques and accessory uses including bible study schools and day care.
School” means a public or private facility that provides teaching or learning. Typical uses include elementary, junior
and senior high schools and related uses, except as otherwise specifically defined in this code. “School” does not
include a childcare facility, preschool, day care, or an institution of higher education as defined in this chapter.
“Solid waste transfer station” means a solid waste handling facility where nonhazardous solid waste is delivered
by public agencies, businesses or individuals and transferred and/or sorted into other containers to be transported
to another location for ultimate disposal. A solid waste transfer station may include provisions for extraction of
recyclable or reusable materials, as well as collection facilities for recyclable materials.
“Transit facilities” means public or private improvements at selected points along existing or future transit routes
for passenger pick-up, drop off and waiting. Improvements may include pullouts, shelters, waiting areas, benches,
information and directional signs or structures, and lighting.

“Transit station” means a dedicated transit facility where several transit routes converge, designed to
accommodate several buses at once to permit transfer between transit routes. A transit center may provide transit
passenger shelters and waiting areas but does not include off-street parking for transit passenger vehicles.
“Transportation facilities of statewide significance” means the interstate highway system; interregional state
principal arterials including ferry connections that serve statewide travel; regional transit systems as defined in
RCW 81.104.015; high capacity transportation systems serving regions as defined in RCW 81.104.015; intercity
passenger rail services; intercity high-speed ground transportation; rail fixed guideway system, as defined in RCW
81.104.015, excluding yards and service and maintenance facilities; the freight and passenger railroad system as
regulated by the Federal Railroad Administration, excluding yards and service and maintenance facilities; and in
shoreline zones, and in adjacent zones where all or any portion of a development is within a shoreline designated
area or zone, marine port and barge facilities and services that are related to marine activities affecting
international and interstate trade, excluding centralized, high density concentrations of port, deep water port, and
marine shipping facilities and services.
19.04.090 Use Definitions, Miscellaneous.

“Adaptive reuse” means the process of reusing a building for a purpose or use other than for which it was built or
designed.
“Adult retail” means an enclosed building or any portion thereof which, for money or any other form of
consideration, devotes a significant or substantial portion of stock in trade to the sale, exchange, rental, loan,
trade, transfer or viewing of “adult-oriented merchandise.” For purposes of this definition, a retail establishment
devotes a significant or substantial portion of its stock in trade to adult-oriented merchandise if the sale, exchange,
rental, loan, trade, transfer or viewing of such adult-oriented merchandise is clearly material to the economic
viability of the business. It is presumed that such adult-oriented merchandise accounts for any one or more of the
following:
1. Thirty percent or more of the retail dollar value of gross sales over any quarterly period;
2. Thirty percent or more of the floor area of the store open to the public;
3. Thirty percent or more of the retail dollar value of all merchandise displayed in the store;
4. Thirty percent or more of the store’s inventory (whether measured by retail dollar value or number of
items); or
5. Thirty percent or more of the store’s stock in trade.
6. In no event shall a retailer whose transactions only incidentally or marginally relate to adult-oriented
merchandise be considered an adult retail use establishment.
“Adult use business” means any live adult entertainment establishment, adult panoram establishment, adult
motion picture and adult mini theater, or any establishment which provides one or more of the activities listed
herein even if only a portion of the establishment is dedicated to one or more of the activities listed herein.
“Adult cabaret” means any commercial premises, including any cabaret premises, to which the public, patrons, or
members are invited or admitted, and where an entertainer provides adult-oriented entertainment, not
constituting “adult entertainment, live,” as defined in this section, to any member of the public, patrons, or a
member.
“Adult entertainment establishment, live” means any building or portion of a building which contains any
exhibition or dance wherein any employee or entertainer is unclothed or in such attire, costume or clothing so as
to expose to view any portion of the female breast below the areola, or male or female genitals, vulva, anus and/or
buttocks, or any portion of the pubic hair and which exhibition or dance is for the benefit of a member or members

of the adult public, or advertised for the use or benefit of a member of the adult public, held, conducted, operated
or maintained for profit, direct or indirect.
“Adult mini theater” means an enclosed building with a capacity of less than fifty persons, a portion of an enclosed
building with a capacity of less than fifty persons, or outdoor theater with a capacity of less than fifty persons used
for presenting motion picture films, video cassettes, cable television or any other such visual media, distinguished
or characterized by emphasis on matter depicting, describing or relating to “specified sexual activities” or
“specified anatomical areas” as defined herein for observation by patrons therein.
“Adult motion picture theater” means an enclosed building with a capacity of fifty or more persons, a portion of
an enclosed building with a capacity of fifty or more persons, or outdoor theater with a capacity of fifty or more
persons used for presenting motion picture films, video cassettes, cable television or any other such visual media,
distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual
activities” or “specified anatomical areas” as defined herein for observation by patrons therein.
“Adult-oriented entertainment” means:
1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition,
performance or dance is distinguished or characterized by a predominant emphasis on the depiction,
description, simulation or relation to the following sexual activities:
a) Human genitals in a state of sexual stimulation or arousal;
b) Acts of human masturbation, sexual intercourse or sodomy; or
c) Fondling or other erotic touching of human genitals, public region, buttocks or female breast; or
2. Any exhibition, performance or dance which is intended to sexually stimulate any member of the public
and which is conducted on a regular basis or as a substantial part of the premises’ activity. This includes,
but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged
in with fewer than all members of the public on the premises at the time, with separate consideration
paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly
referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
“Adult-oriented merchandise” means any goods, products, commodities, or other ware, including, but not limited
to, videos, CD ROMs, DVDs, computer disks or other storage devices, magazines, books, pamphlets, posters, cards,
periodicals or non-clothing novelties which depict, describe or simulate specified anatomical areas, or specified
sexual activities, as defined in this chapter.
“Adult panoram establishment” means any building or portion of a building which contains device(s) which for
payment of a fee, membership fee or other charge, is used to exhibit or display a picture, view or other graphic
display distinguished or characterized by emphasis on matter depicting, describing or relating to “specified sexual
activities” or “specified anatomical areas” as defined herein for observation by patrons therein.
“Agricultural activities” means those activities conducted on lands defined in RCW 84.34.020(2), and those
activities involved in the production of crops or livestock, for example, the operation and maintenance of farm and
stock ponds or drainage ditches, operation and maintenance of ditches, irrigation drainage ditches, changes
between agricultural activities and normal maintenance, repair or operation of existing serviceable structures,
facilities or improved areas. Activities which bring an area into agricultural use are not part of an ongoing
operation. An operation ceases to be ongoing when the area on which it is conducted is converted to a
nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state
soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals or drainage
ditches related to an existing and ongoing agricultural activity. Forest practices are not included in this definition.
“Agricultural industries” means industrial processing of agricultural products, excluding breweries or wineries.
“Community center” means a building or other enclosed structure open to the general public that is owned and
operated by a public agency or nonprofit corporation, organization or association registered by Washington State,

and that is used primarily for cultural, educational, recreational, or social purposes, and may include other minor
supporting uses or activities. Not included in the category of community center as a primary use are those
businesses and occupations defined by this title as clinics, government administrative offices or uses such as
churches, schools, private clubs or fraternal organizations.
“Greenhouse” or “nursery” means a site where trees, shrubs and other plant materials are grown, propagated
and/or stored for the purpose of retail or wholesale sales.
“Marijuana”, “marijuana processor,” “marijuana producer, and “marijuana retailer” shall have the meaning set
forth in RCW 69.50.101:
1. "Marijuana" or "marihuana" means all parts of the plant Cannabis, whether growing or not, with a THC
concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from
any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds or resin. The term does not include:
a) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant
which is incapable of germination; or
b) Hemp or industrial hemp as defined in RCW 15.140.020, seeds used for licensed hemp production
under chapter 15.140 RCW.
2. "Marijuana processor" means a person licensed by the state liquor and cannabis board to process
marijuana into marijuana concentrates, useable marijuana, and marijuana-infused products, package and
label marijuana concentrates, useable marijuana, and marijuana-infused products for sale in retail outlets,
and sell marijuana concentrates, useable marijuana, and marijuana-infused products at wholesale to
marijuana retailers.
3. "Marijuana producer" means a person licensed by the state liquor and cannabis board to produce and sell
marijuana at wholesale to marijuana processors and other marijuana producers.
4. "Marijuana retailer" means a person licensed by the state liquor and cannabis board to sell marijuana
concentrates, useable marijuana, and marijuana-infused products in a retail outlet.
“Marina” is a facility that provides wet and/or dry moorage for at least 5 boats, boat launching, storage, supplies
and services for small pleasure craft. A marina may also include facilities for commercial and industrial vessels, and
rescue and law enforcement vessels. The Shoreline Master Program further describes this use.
“Private club or lodge” means an association of persons organized for some common purpose, including fraternal
organizations but not including groups organized primarily to render a service which is customarily carried on as a
business.
19.04.100 Use Definitions, Other.

“Aircraft landing facilities” means airports, landing fields, helipads, or seaplane landing facilities and terminals for
the accommodation of passengers and/or cargo carried by means of air transport.
“Home occupation” means an occupation which is incidental and subordinate to a residential use, which is carried
on by a member of the family residing in the dwelling.
“Junk store” means a retail store that sells previously used merchandise or goods the majority of which:
1. Have not been maintained, repaired, restored or reconditioned to a functional condition; or
2. Consist of salvaged or disassembled parts of merchandise, equipment or objects no longer in their original
assembled configuration.

This definition excludes secondhand stores, pawnshops, thrift stores and artwork made from recycled or
previously used materials incorporated into artwork. The planning director is authorized to maintain a list
of stores that qualify as junk stores.
“Pawnshop” means an establishment that engages, in whole or in part, in the business of loaning money on the
security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or
sale of personal property.
“Secondhand store” means retail sales of previously used merchandise, the majority of which is not donated, such
as clothing, furniture, appliances, household goods, sporting goods, recreational equipment or other merchandise
not considered to be antique, that is in good repair or has been restored or reconditioned to a clean and usable
condition. This definition excludes “pawn shop,” “thrift store,” and “junk store.” The planning director is
authorized to maintain a list of stores that qualify as secondhand stores.
“Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttock and female breast
below a point immediately above the top of the areola; and
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.
“Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
“Thrift store” means a store that derives the majority of its sales from donated previously used merchandise such
as clothing, furniture, appliances, household goods, sporting goods, recreational equipment or other merchandise
not considered to be antique. The planning director is authorized to maintain a list of stores that qualify as thrift
stores.
19.04.110 Critical areas definitions.

This section defines specific terms to be applied where used in Chapter 19.37.
“Alteration” means any human-induced action which impacts the existing condition of a critical area. Alterations
include but are not limited to grading; filling; dredging; draining; channelizing; cutting, pruning, limbing or topping,
clearing, relocating or removing vegetation; applying herbicides or pesticides or any hazardous or toxic substance;
discharging pollutants; grazing domestic animals; paving, construction, application of gravel; modifying for surface
water management purposes; or any other human activity that impacts the existing vegetation, hydrology, wildlife
or wildlife habitat. Alteration does not include walking, passive recreation, fishing or other similar activities.
“Best available science” means current scientific information used in the process to designate, protect, or restore
critical areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925.
“Biological assessment” is an evaluation of the potential effects of a proposed action on listed and proposed
species and designated and proposed critical habitat and determination whether any such species or habitat is
likely to be adversely affected by the action.
“Biologist” means a person who has earned a degree in biological sciences from a college or university, with
practical experience that includes at least two years’ expertise in matters involving wetlands biology or stream
ecology in the Pacific Northwest.
“Bog” means wetlands with extensive living sphagnum moss or sphagnum peat and a distinctive flora that results
from the acidic substrate.

“Buffer” means an area which provides the margin of safety through protection of slope stability, attenuation of
surface water flows and erosion controls necessary to minimize risk to the public from loss of life or well-being or
property damage resulting from natural disasters, or an area which is an integral part of the natural system and
which provides shading, input of organic debris and coarse sediments, room for variation in stream or wetland
boundaries, habitat for wildlife and protection from harmful intrusion necessary to protect the public from losses
suffered when the functions and values of important aquatic resources are degraded.
“Buffer management” means an activity proposed by a public agency, public utility, or private entity, and
approved by the planning director, within a buffer required by this title, that is proposed to:
1. Reduce or eliminate a verified public safety hazard;
2. Maintain or enhance wildlife habitat diversity; or
3. Maintain or enhance the fishery or other functions of stream, wetland, or terrestrial ecosystems.
“Buildable area” means the lot area minus undevelopable areas.
“Channel gradient” refers to a measurement over a representative section of at least five hundred linear feet,
where available, with at least ten evenly spaced measurement points along the normal stream channel, but
excluding unusually wide areas of negligible gradient such as marshy or swampy areas, beaver ponds, and
impoundments. Channel gradient may be determined utilizing stream profiles plotted from United States
Geological Survey topographic maps (see Washington Forest Practices Board Manual, Section 23) or a more
detailed survey specific to the project site and/or area.
“Compensation” means the replacement, enhancement, or creation of an undevelopable critical area equivalent in
functions, values and size to those being altered or lost to development.
“Compensation, in-kind” means the replacement of wetlands with substitute wetlands whose characteristics
closely approximate those destroyed or degraded by a regulated activity.
“Compensation, off-site” means the replacement of wetlands away from the lot on which a regulated wetland has
been impacted.
“Compensation, on-site” means the replacement of wetlands on or adjacent to the lot on which a wetland has
been impacted by a regulated activity.
“Compensation, out-of-kind” means the replacement of wetlands with substitute wetlands whose characteristics
do not closely approximate those destroyed or degraded by a regulated activity.
“Critical area” means geologically hazardous areas, wetlands, lakes, ponds, streams, frequently flooded (flood
hazard) areas, and fish and wildlife habitat conservation areas, as defined in Chapter 36.70A RCW and this chapter.
“Critical area protective covenant” means a covenant granted for the protection of a critical area and its buffer
through the maintenance of the natural environment. The covenant prohibits alteration of the area and must be
duly recorded on appropriate documents of title and filed with the Snohomish County auditor.
“Critical area tract” means a legally created, nonbuilding lot containing a critical area which is subject to a critical
area protective covenant and which shall be duly recorded on the appropriate documents of title and filed with the
Snohomish County auditor.
“Culvert” means a short section of pipe placed in a stream and filled over in order to provide a stream crossing.
“Development” means all structures, uses or other alterations or modifications of the natural landscape occurring
above or below ground or water on a particular lot. Within the riparian habitat zone or the special flood hazard
area, the definition of “development” shall also include removal of substantial native vegetation, or alteration of
natural site characteristics.

“Enhancement” means an action which increases the functions and values of a stream or wetland or terrestrial
ecosystem.
“Erosion hazard areas” means those areas of the city with slopes of twenty-five percent and greater in Qva and
Qal geologic units; exposed slopes of greater than twenty-five percent in other geologic units; and drainage areas
which receive stormwater discharge.
“Exotic” means any species of plant or animal that is nonnative to the subject lot or area.
“Fish and wildlife habitat conservation areas” means an area of habitat that is necessary and suitable for
maintaining individual species, species diversity, or biological diversity. Fish and wildlife habitat conservation areas
include:
1. Habitats of primary association;
2. Streams/riparian corridors;
3. Continuous vegetative corridors linking watersheds;
4. Significant biological areas listed by the city; and
5. Lakes.
“Functions and values” or “functional values” means the beneficial roles served by critical areas including, but not
limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage,
conveyance and attenuation, ground water recharge and discharge, erosion control, wave attenuation, protection
from hazards, recreation, educational opportunities, aesthetics, and slope and soil stabilization.
“Geologically hazardous areas” means areas susceptible to erosion, landslide, seismically induced soil failure, or
other geological events.
“Geologist” means a person who is licensed in the state of Washington under the provisions of Chapter 18.220
RCW and Chapter 308-15 WAC, and who has at least one year of practical experience in the Pacific Northwest.
“Habitat assessment” means a written report based on a site investigation process to evaluate the potential
presence or absence of a regulated fish or wildlife species or habitat potentially affected by a development
proposal, and containing an assessment of the potential impacts of the proposal on any regulated species or
habitat subject to these regulations.
“Habitat management plan” means an activity proposed by a public agency or private entity, and approved by the
planning director, within an area which may impact a fish and wildlife habitat conservation area to preserve,
protect or enhance the fish and wildlife habitat conservation area.
“Habitats of primary association” means a critical component(s) of the habitats of federally or state-listed
endangered, threatened, candidate, sensitive, and priority wildlife or plant species which, if altered, may reduce
the likelihood that the species will maintain and reproduce over the long term. Habitats of primary association
include, but are not limited to, winter ranges, migration ranges, breeding sites, nesting sites, regular large
concentrations, communal roosts, roosting sites, staging areas, and “priority habitats” listed by the Washington
State Department of Fish and Wildlife.
“Habitats, priority” include:
1. Wetlands;
2. Riparian zones;
3. Marine/estuarine shorelines;
4. Urban natural open space. This includes areas that are not critical areas, but may include parks and other
deeded open space areas that are actively managed to protect native plants and animals.
“Hazard tree” means any tree that poses a threat to public safety, or poses an imminent risk of damage to private
property. “Hazard tree” includes any tree that, under normal environmental conditions or in windstorms common

to the Pacific Northwest, is likely to cause damage to a structure with frequent human use, including residential
structures, a place of employment or public assembly, and other similar places, or damage to an approved public
road or utility facility.
“Hillsides” means geological features on the landscape having slopes of fifteen percent or greater.
“Hydric soil” means a soil that is saturated, flooded or ponded long enough during the growing season to develop
anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods
described in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
“In-lieu fee (ILF) mitigation” means a program involving the restoration, establishment, enhancement, and/or
preservation of aquatic resources through funds paid to a program sponsor to satisfy compensatory mitigation
requirements for unavoidable impacts to wetlands and other aquatic resources. Per federal rule, sponsorship of ILF
programs is limited to governmental, tribal, or nonprofit natural resource management entities. Similar to a
wetland mitigation bank, an ILF program sells credits to permittees whose unavoidable impacts occur within a
specified geographic area (service area). When credits are purchased from the ILF program, the permittee’s
obligation to provide compensatory mitigation is then transferred to the ILF program sponsor. The sponsor is then
required to implement mitigation within a specified time frame, working with regulatory agencies to make sure
impacts are fully mitigated. ILF programs are approved by the U.S. Army Corps of Engineers and the Washington
State Department of Ecology.
“Lake” means a natural or artificially created permanent body of water with an average depth of six feet or greater
and an area larger than twenty acres, as measured at the ordinary high water mark.
“Land use impacts, high” means commercial, industrial, institutional, retail sales, high-intensity recreation (golf
courses, ball fields), and residential uses with a density of more than one dwelling unit per acre and other similar
uses.
“Land use impacts, low” means low-intensity open space (such as passive recreation and natural resources
preservation) and unpaved trails and other similar uses.
“Land use impacts, moderate” means residential uses with a density of one unit per acre or less, moderate-
intensity open space (parks), and paved trails and other similar uses.
“Landslide” means episodic downslope movement of a mass of soil or rock that includes but is not limited to rock
falls, slumps, mudflows, earth flows, and avalanches.
“Landslide hazard areas” means those areas of the city subject to a risk of landslide based on a combination of
geologic, topographic, and hydrologic factors.
“Low impact development (LID)” means a stormwater management strategy that emphasizes conservation and
the use of existing natural site features integrated with distributed, small-scale stormwater controls to more
closely mimic natural hydrologic patterns in developed settings.
“Marsh” means an area permanently inundated by water less than six feet deep and occupied predominantly by
an emergent wetland vegetation community.
“Mitigation” means avoiding, minimizing, or compensating for adverse impacts and includes the use of any or all
of the following actions:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using
appropriate technology, or by taking affirmative steps to avoid or reduce impacts;
3. Rectifying the impact by repairing, rehabilitating or restoring the affected critical area;
4. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of
the development proposal;

5. Compensating for the impact by replacing or enhancing substitute critical areas;
6. Monitoring the required mitigation area and taking remedial action when necessary.
“Monitoring” means the collection and analysis of data by various methods for the purposes of understanding and
documenting changes in natural systems and features, and including gathering baseline data, evaluating the
impacts of development proposals on the biological, hydrologic and geologic elements of such systems, and
assessing the performance of required mitigation measures.
“Native vegetation” means vegetation on a site or plant species which are indigenous to the area in question; or if
the site has been cleared, species of a size and type that were on the site on the effective date of this title or
reasonably could have been expected to have been found on the site at the time it was cleared.
“Normal rainfall” means that rainfall that is at or above the mean of the accumulated rainfall record, based upon
the water year, for the city as recorded at the Seattle Tacoma International Airport, or other local rainfall recording
station recognized by the city.
“Open water component” means water in dispersed patches covering forty to sixty percent of the wetland which
have not less than six inches and not more than six feet of standing water for at least ten months of the year.
“Ordinary high water mark” means the mark that will be found by examining the channel bed and banks of a
stream, lake or pond and ascertaining where the presence and action of waters are so common and usual, and so
long maintained in all years of normal rainfall, as to mark upon the soil a character distinct from that of the
abutting upland in respect to vegetation. In any area where the ordinary high water mark cannot be found, the line
of mean high water shall substitute. In braided channels and alluvial fans, the ordinary high water mark or
substitute shall be measured so as to include the entire stream feature.
“Plant associations of infrequent occurrence” means one or more plant species on a landform type which,
because of the rarity of the habitat or the species involved or both, or for other botanical or environmental
reasons, do not occur frequently in Everett or Snohomish County.
“Pond” means an area permanently inundated by water in excess of six feet deep and less than twenty acres and
larger than two thousand five hundred square feet in area as measured at the ordinary high water mark.
“Protected area” means lands that lie within the boundaries of the floodway and riparian corridor.
“Reasonable use” or “reasonable economic use” means a legal concept that has been articulated by federal and
state courts in regulatory takings cases.
“Restoration” means the return of a stream or wetland, or terrestrial ecosystem, to a state in which its functions
and values significantly approach its unaltered state.
“Riparian corridor” means a perennial, intermittent, ephemeral stream or swale including its channel bottom,
lower and upper banks, and area beyond the top of the upper bank which influences the stream through shading
and organic matter input, and is influenced by the presence of water, particularly in regard to plant composition.
The riparian corridor is the transitional area between aquatic and upland ecosystems and does not necessarily
include the entire floodplain of a stream.
“Salmonid” means a member of the fish family Salmonidae. In the city these include chinook, coho, chum, sockeye
and pink salmon; cutthroat, brook, brown, rainbow and steelhead trout; and Dolly Varden, kokanee and char.
“Seismic hazard areas” means those areas of the city subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, settlement, or soil liquefaction. These conditions occur in areas underlain by
cohesionless soils of low density sometimes in association with a shallow ground water table.
“Significant biological areas” means the following areas of the city:
1. Plant associations of infrequent occurrence;

2. Commercial and recreational shellfish areas;
3. Kelp and eelgrass beds;
4. Herring, sand lance, and smelt spawning areas;
5. State natural area preserves and natural resource conservation areas; and
6. Those areas listed in the 1981 SEPA Resource Inventory as significant biological areas, which are:
a) Maulsby Swamp;
b) Kasch Park (Bomarc) Bog;
c) Simpson Lee site category I wetlands;
d) Narbeck Swamp;
e) Jetty Island.
“Significant surface water connection” means a surface water flow that is continuous for thirty days or more
during years of normal rainfall.
“Steep slopes” means any ground that rises ten feet or more for every twenty-five feet of horizontal distance, thus
having a grade of forty percent or steeper. A slope is delineated by establishing its toe and top:
1. “Toe” of a steep slope is the lowermost limit of the area where the ground surface rises ten feet or more
vertically within a horizontal distance of twenty-five feet.
2. “Top” of a steep slope is a distinct, sharp break in slope which separates slopes inclined at less than forty
percent from slopes equal to or greater than forty percent. Where no distinct break in slope exists, the
top of the steep slope shall be the uppermost limit of the area where the ground surface drops ten feet or
more vertically within a horizontal distance of twenty-five feet.
“Stream” means those areas where naturally occurring surface waters flow sufficiently to produce a defined
channel or bed which demonstrates evidence of the passage of water including, but not limited to, bedrock
channels, gravel beds, sand and silt beds and defined-channel swales. A “defined channel or bed” means a
watercourse that is scoured by water or contains deposits of mineral alluvium. The channel or bed need not
contain water during the entire year. Streams do not include watercourses which were created entirely by artificial
means, such as irrigation ditches, canals, roadside ditches or storm or surface water run-off features, unless the
artificially created watercourse contains salmonids or conveys a stream that was naturally occurring prior to the
construction of the artificially created watercourse.
“Stream channel bottom” means the submerged portion of the stream cross-section which is totally an aquatic
environment. The channel bottom may be seasonally dry.
“Stream, Type F” means those streams defined in WAC 122-16-030, Water Typing System, as Type F water.
“Stream, Type Np” means those streams defined in WAC 122-16-030, Water Typing System, as Type Np water.
“Stream, Type Ns” means those streams defined in WAC 122-16-030, Water Typing System, as Type Ns water.
“Stream, Type S” means those streams defined in WAC 122-16-030, Water Typing System, as Type S water.
“Swamp” means an area permanently saturated or inundated by water, and occupied predominantly by either a
scrub-shrub or forested wetland vegetation community.
“Unavoidable and necessary impacts” means impacts to regulated critical areas after the applicant proposing to
alter a regulated critical area has demonstrated that no reasonable alternative exists for the proposed project.
“Undevelopable area” means:
1. Regulated wetlands;
2. Geologically hazardous areas which are determined by supporting studies to be unsuitable for
development;
3. Streams;

4. Habitats of primary association;
5. Plant associations of infrequent occurrence.
“Undisturbed, relatively” is defined in question H2.0 of the 2014 Washington State Wetland Rating System for
Western Washington.
“Unstable soils” means soils which by their physical nature are not suitable to support buildings, roads, utilities or
other manmade development related improvements, or which have the potential for slope failure, erosion, or
subsidence. Unstable soils include, but are not limited to, those areas defined as landslide hazard areas, erosion
hazard areas, and seismic hazard areas, or other soils which have been determined by the public works director or
the building official to be unsuitable for building foundations or structural support.
“Upper bank” means that portion of the topographic cross-section of a stream which extends from the break in
the general slope of the surrounding land to the ordinary high water mark.
“Wetland boundary” means, for the purposes of the calculation of the area of the wetland, the total extent of the
wetland, both on site and off site.
“Wetland class” means a description of vegetation habitat based on the predominant life forms that occupy a
particular layer of vegetation and possess an aerial coverage of thirty percent or greater of the entire wetland. The
basis for these descriptive classes is derived from the Wetlands Taxonomic Classification System of the United
States Fish and Wildlife Service (Cowardin et al., 1979).
“Wetland, contiguous” means wetland systems connected by hydric soils or a significant surface water
connection. For purposes of this title, wetlands will not be considered contiguous if the only hydrologic connection
is a category I, II or III stream, or if the wetlands had historically been connected but are now separated by a legal
fill or culvert which is one hundred feet or more in length.
“Wetland edge” means the line delineating the outer edge of a wetland established by using the Washington State
Wetlands Identification and Delineation Manual (Ecology Publication No. 96-94, 1997).
“Wetland, estuarine” means a tidal fringe wetland found along the mouth of a river and influenced by tidal
activity. Water flows and depths are controlled by tidal cycles in the adjacent ocean. Estuarine wetlands have a
salinity higher than 0.5 parts per thousand.
“Wetland mitigation bank” means a site where wetlands are restored, created, enhanced, or, in exceptional
circumstances, preserved, expressly for the purpose of providing compensatory mitigation in advance of
authorized impacts to similar resources. Banks typically involve the consolidation of many small wetland mitigation
projects into a larger, potentially more ecologically valuable site. Such consolidation encourages greater diversity
of habitat and wetland functions. It also helps create more sustainable systems. Banks provide a greater likelihood
of success over permittee-responsible mitigation projects, since the banks are up and running before unavoidable
damage occurs to a wetland(s) at another site.
“Wetlands” means those areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation adapted for
life in saturated soil conditions. Regulated wetlands generally include swamps, marshes, ponds, bogs and similar
areas. Regulated wetlands do not include those artificial wetlands intentionally created from nonwetland sites,
including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands
created as mitigation and wetlands modified for approved land use activities shall be considered as regulated
wetlands. For identifying and delineating regulated wetlands, the city shall use the Washington State Wetland
Identification and Delineation Manual.

“Wetlands,” for the purpose of inventory mapping, means lands transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface or the land is covered by shallow water. Wetlands
must have one or more of the following three attributes:
1. At least periodically, the soil supports predominantly hydrophytes;
2. The substrate is predominantly undrained hydric soil;
3. The substrate is nonsoil and saturated with water at some time during the growing season of each year.
Wetlands include all areas waterward from the wetland edge. Where the vegetation has been removed, or
substantially altered, a wetland shall be determined by the presence or evidence of hydric or organic soils.
“Wetlands, emergent” means a regulated wetland that does not qualify as a forested wetland or a scrub-shrub
wetland with at least thirty percent of the surface area covered by erect, rooted, herbaceous vegetation as the
uppermost vegetative strata.
“Wetlands, forested” means a regulated wetland with at least thirty percent of the surface area covered by woody
vegetation greater than twenty feet in height.
“Wetlands, isolated” means those wetlands which:
1. Are outside of and not contiguous to any one-hundred-year floodplain or riparian corridor of a lake, river,
or stream; and
2. Have no contiguous hydric soil or surface water connection between the wetland and another surface
water body.
“Wetlands, riparian” means those wetlands that generally occur within a riparian corridor that is contiguous to or
have a surface hydrologic connection with a stream. Wetlands formed by hillside seeps that are not hydrologically
affected by water in a nearby stream are not riparian wetlands. However, wetlands on a hillside may be riparian
wetlands if adjacent to a stream that flows down the hillside.
“Wetlands, scrub-shrub” means a regulated wetland that does not qualify as a forested wetland with at least thirty
percent of its surface area covered by woody vegetation less than twenty feet in height as the uppermost strata.
19.04.120 Sign Definitions.

“Abandoned sign” means a sign which no longer identifies or advertises a bona fide business, lessor, service,
owner, product or activity, or for which no legal owner can be found.
“Awning sign” means the use of an awning attached to a building for advertisement, identification or promotional
purposes. Only that portion of the awning which bears graphics, symbols and/or written copy shall be construed as
being a sign.
“Billboard” means an exterior sign which contains a message that is unrelated to the use or activity of the property
or facilities on which the sign is located, and which is supported by a substantial permanent sign structure.
Billboards are typically owned or leased separately from the principal buildings or uses on the property upon which
they are located and are larger and/or taller than would otherwise be permitted by this title.
“Cabinet sign” means an internally illuminated sign in which a removable sign face (usually with translucent sign
graphics) is enclosed on all edges by a metal cabinet.
“Canopy” means an overhead structure attached to a building that provides weather protection for pedestrians.
“Clearance of a sign” means the smallest vertical distance between grade and lowest point of any sign, including
framework and embellishments, extending over that grade.

“Commercial sign” means a sign erected for a business transaction or advertising the exchange of goods and
services.
“Construction sign” means any sign used to identify the architects, engineers, contractors or other individuals or
firms involved with the construction of a building, or to announce the character or type of building.
“Directional sign” means a single- or double-faced sign designed to guide or direct pedestrian or vehicular traffic
from the public right-of-way to a location, activity or service on the site.
“Electrical sign” means a sign or sign structure in which electrical wiring, connections or fixtures are used.
“Electronic changing message sign” means an electrically activated sign whose message content, either in whole
or in part, may be changed by means of electronic programming. These signs shall include those displaying time,
temperature, and messages of a public or commercial nature.
“Feather or sail sign” means a vertical portable sign that contains a harpoon-style pole or staff driven into the
ground for support or supported by means of an individual stand.
“Flag” means a flat piece of cloth, with distinctive colors, patterns or symbols used to represent a country or
group, having one end of the cloth attached to a vertical staff (directly or by rope and pulley mechanism) and all
other ends free-flowing under natural movement of wind.
“Flashing sign” means a sign or a portion thereof which changes light intensity or switches on and off in a constant
pattern, or contains motion or the optical illusion of motion by use of electrical energy.
“Freestanding sign” means a permanent pole, ground or monument sign attached to the ground and supported by
uprights or braces attached to a foundation in the ground and not attached to any building.
“Halo lighting” means a method of sign illumination that consists of opaque sign elements with light projected
behind them illuminating the mounting surface.
“Incidental sign” means a small sign, emblem or decal informing the public of goods, facilities or services available
on the premises, e.g., a credit card sign or a sign indicating hours of business, which does not exceed two square
feet in size.
“Indirect lighting” means lighting displayed or reflected on the surface or face of a sign which is not inside the sign
and not a part of the sign proper.
“Interior-oriented sign” means a sign that is used to direct persons on a site to a particular location, activity, or
service on the same site, or to provide persons a list of products or services offered on the site such as a menu
board. Text, pictures and logos must be of a size that is intended to be read by persons on the site.
“Monument sign” means a freestanding sign attached to a permanent foundation or decorative base and not
attached to or dependent on support from any building, pole, posts or similar uprights.
“Noncommercial sign” means any sign that is not a commercial sign. This definition also includes signs regarding
fund raising or membership drive activities for noncommercial or nonprofit entities or groups.
“Off-premises sign” means a sign advertising, informational, directional or identification sign other than a
billboard, which relates to products, businesses, services or premises not located on or otherwise directly
associated with the site on which the sign is erected.
“Permanent sign” means a sign constructed of weather resistant material and intended for permanent use and
that does not otherwise meet the definition of “temporary sign.” Wall-mounted sign holders designed for insertion
of signs and posters shall be considered permanent signage and subject to all standards of Chapter 19.36.

“Pole sign” means any freestanding sign more than five feet in height that does not meet the definition of
monument, ground or portable sign. These signs are composed of the sign cabinet or base and the sign pole or
pylon by which it connects to the ground.
“Portable sign” means any sign not permanently attached to the ground or other permanent structure, or a sign
designed to be transported. Portable signs include, but are not limited to, signs designed to be transported by
means of wheels, A-frame signs, menu and sandwich board signs, and advertising flags.
“Projecting sign” means any sign, other than a flat wall sign, which is attached to and projects more than twelve
inches from a building wall or other structure not specifically designed to support the sign.
“Readerboard” means a sign or a part of a sign on which the letters are readily replaceable such that the copy can
be changed from time to time at will.
“Roof sign” means any sign erected over or on the roof of a building, or attached to the wall of a building and
extending above the roofline.
“Sign” means any device, structure, fixture, placard, painted surface, awning, banner or balloon using graphics,
lights, symbols and/or written copy designed, used or displayed for the purpose of advertising, informing,
identifying, attracting attention to, or promoting the interest of any person, institution, business, event, product,
goods or services; provided, that the same is visible from a street, way, sidewalk, or parking area open to the
public.
“Sign area” means the entire area of a sign on which copy is to be placed. Sign structure, architectural
embellishments, framework and decorative features which contain no written or advertising copy shall not be
included. Sign area shall be calculated by measuring the perimeter enclosing the extreme limits of the module or
background containing the advertising or identifying message; provided, that individual letters using a wall as the
background, without added decoration or change in wall color, shall have a sign area calculated by measuring the
smallest rectangle enclosing each letter and totaling the square footage thereof. For double-faced signs, total sign
area shall be calculated by measuring only one face.
“Sign height” means the vertical distance from grade to the highest point of a freestanding sign or any vertical
projection thereof, including its supporting columns. Grade shall be determined by taking the average elevation at
finished grade for the midpoints of the four sides of the smallest rectangle that will enclose all area which is within
a five-foot horizontal radius of the sign and its supporting structure.
“Temporary sign” means any sign that is intended and designed to be displayed for a limited period of time,
including, without limitation, a sign that is not permanently mounted, painted or otherwise affixed, excluding
portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the
ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs
may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible,
bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than twenty-ounce
fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water
soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the
permanent sign regulations of Chapter 19.36. Blade and feather signs are not considered temporary signs.
“Under-canopy sign” means a sign suspended from a horizontal building projection (i.e., weather protection) over
a public or private sidewalk.
“Video board” means an electronically activated sign that creates the effect of motion or animation, except as
allowed by Chapter 19.36 for changing electronic message signs which are in compliance with the 2-1-2 provision.
“Wall sign” means a sign attached, painted onto or erected parallel to and extended not more than one foot from
the facade or face of any building to which it is attached and supported throughout its entire length, with the
exposed face of the sign parallel to the plane of said wall or facade.

“Wall sign, upper story” means a wall sign located above the floor plate of the second floor for buildings
containing more than one story.
“Window sign” means a sign affixed to windows of a building, whether temporary or permanent, lighted or
unlighted, which may be viewed from the exterior of the building. The term does not include merchandise located
within a building.
19.04.130 Historic Resource Definitions.

“Certificate of appropriateness” means the commission has reviewed the proposed changes to a register property
and certified the changes as not adversely affecting the historic characteristics of the property which contribute to
its designation.
“Certified local government” or “CLG” means the local government has been certified by the State Historic
Preservation Officer as having established its own historic preservation commission and a program meeting federal
and state standards.
“Class of properties eligible for special valuation” means properties listed on the Everett register of historic places
or certified as contributing to an Everett register historic district.
“Contributing structure” means a building that was constructed more than fifty years ago which retains the
original style and architectural qualities that contribute to the historic character of the neighborhood.
“Emergency repair” means work necessary to prevent destruction or dilapidation to real property or structural
appurtenances thereto immediately threatened or damaged by fire, flood, earthquake or other disaster.
“Everett register of historic places” or “register” means the local listing of properties provided for in EMC 19.28.
“Historic district” is a geographically definable area—urban or rural, small or large—possessing a significant
concentration, linkage or continuity of sites, buildings, structures and/or objects united by past events or
aesthetically by plan or physical development.
“Integrity”, as used in Chapter 19.28, means wholeness, completeness and unimpaired condition of a structure,
building and district.
“National Register of Historic Places” means the national listing of properties significant to our cultural history
because of their documented importance to our history, architectural history, engineering or cultural heritage.
“Ordinary repair and maintenance”, as used in Chapter 19.28, means work for which a permit issued by the city is
not required by law, and where the purpose and effect of such work is to correct any deterioration or decay of or
damage to the real property or structure appurtenance therein and to restore the same, as nearly as may be
practicable, to the condition prior to the occurrence of such deterioration, decay or damage including painting.
“Significance” or “significant” used in the context of historic significance means the following: a property with
local, state or national significance is one which helps in the understanding of the history of the local area, state or
nation (whichever is applicable) by illuminating the local, statewide or nationwide impact of the events or persons
associated with the property, or its architectural type or style in information potential. The local area can include
the city, county, or western Washington, or a modest geographic or cultural area, such as a neighborhood. Local
significance may apply to a property that illustrates a theme that is important to one or more localities; state
significance to a theme important to the history of the state; and national significance to property of exceptional
value in representing or illustrating an important theme in the history of the nation.
“Site”, as used in Chapter 19.28, means a place where a significant event or pattern of events occurred. It may be
the location of prehistoric or historic occupation or activities that may be marked by physical remains; or it may be

the symbolic focus of a significant event or pattern of events that may not have been actively occupied. A site may
be the location of ruined or now nonexistent building or structure if the location itself possesses historic cultural or
archaeological significance.
“Special valuation for historic properties” or “special valuation” means the local option program which when
implemented makes available to property owners a special tax valuation for rehabilitation of historic properties
under which the assessed value of an eligible historic property is determined at a rate that excludes, for up to ten
years, the actual cost of the rehabilitation (Chapter 84.26 RCW and Chapter 221, Laws of 1986).
“State Register of Historic Places” means the state listing of properties significant to the community, state or
nation but which do not meet the criteria of the National Register.

Instructions to reader: This chapter replaces the current Use Tables chapter in the Zoning Code (EMC 19.05). For a
summary of the effect of the changes, please visit the Rethink Zoning Library at
https://everettwa.gov/2453/Rethink-Zoning-Library.
Chapter 19.05 Uses
Table of Contents
CHAPTER 19.05 USES ........................................................................................................................................... 1
19.05.010 PURPOSE AND APPLICABILITY.................................................................................................................... 1
19.05.020 GENERAL PROVISIONS. ............................................................................................................................ 1
19.05.030 USES ALLOWED BY ZONE, OVERLAY, STREET TYPE OR SHORELINES. ................................................................. 2
19.05.040 USE OF BASEMENT OR OTHER BUILDING SPACES IN THE MIXED URBAN ZONE. .................................................. 3
19.05.050 PROHIBITED USES. ................................................................................................................................. 4
19.05.060 MODIFICATION OF USE REGULATIONS. ....................................................................................................... 4
19.05.065 ACCESSORY USES, FACILITIES AND ACTIVITIES................................................................................................ 4
19.05.067 HOME OCCUPATIONS. ............................................................................................................................. 4
19.05.068 TEMPORARY USES. ................................................................................................................................. 5
19.05.070 USE TABLE, OVERVIEW. .......................................................................................................................... 6
19.05.080 TABLE 5-1 (RESIDENTIAL USE TABLE)......................................................................................................... 7
19.05.090 TABLE 5-2 (COMMERCIAL USE TABLE). .................................................................................................... 11
19.05.100 TABLE 5-3 (INDUSTRIAL USE TABLE). ....................................................................................................... 18
19.05.110 TABLE 5-4 (PUBLIC, INSTITUTIONAL, QUASI-PUBLIC USE TABLE). .................................................................. 19
19.05.120 TABLE 5-5 (MISCELLANEOUS USE TABLE). ................................................................................................ 22
19.05.200 WATERSHED RESOURCE MANAGEMENT ZONE. .......................................................................................... 24
19.05.210 PARK AND OPEN SPACE ZONE. ............................................................................................................... 24

The purpose of this chapter is to establish the uses generally permitted in each zone which are compatible with the
purpose of the zone and other uses allowed within the zone. All uses and structures proposed on properties within
Everett shall be subject to the permitted uses and other requirements of this chapter.
19.05.020 General Provisions.

A. Land uses which are listed in Tables 5-1 through 5-5 of this chapter shall be permitted subject to the review
process listed in the table for a specific use in a particular zone. If a use is not listed, please refer to Section
19.05.070(B) regarding unlisted uses.
B. Any one or more land uses identified as being allowed within a particular zone may be established on any
parcel within that zone, subject to the planning permit required for the use, and compliance with all other
applicable requirements of the city of Everett.
C. Where a project is proposed for development with two or more of the land uses listed in the use table, the
overall project shall be subject to the highest review process (e.g. III is higher than II) for any of the proposed
uses.
D. Land uses may be subject to specific use standards set forth in EMC 19.13.
E. Land uses are subject to height (EMC 19.22), setback (EMC 19.06) and/or other requirements in this title.
F. Accessory Uses. See EMC 19.05.065 for accessory use standards.
Ch. 19.05, Uses 1 Planning Commission Recommendation (09/08/20)

19.05.030 Uses Allowed by Zone, Overlay, Street Type or Shorelines.
A. Overview
Except for lands covered by water and subject to the Everett Shoreline Master Program, all property within the city
is located within a zoning district set forth in Map 3-1 (EMC 19.03) and shown in Tables 5-1 through 5-5. In addition
to being located within a zoning district, a property may also be located within a zoning overlay. A use that is
allowed in Tables 5-1 through 5-5 may be further restricted based on whether the property fronts on a designated
street type.
B. Zoning Districts
1. The land uses listed in Tables 5-1 through 5-5 determine whether a use is allowed in a zoning district. See
EMC 19.03 for the city’s zoning districts map. The zoning districts are located along the horizontal header
row, and the uses allowed in the zoning districts are located on the vertical column of Tables 5-1 through
5-5.
2. The Watershed Resource Management zone (not shown in Tables 5-1 through 5-5) applies to city-owned
lands located in the city’s Chaplain watershed property. See 19.05.200 for the requirements which apply
to properties in the Watershed Resource Management zone.
3. The Parks and Open Space zone (not shown in Tables 5-1 through 5-5) applies to city-owned public parks
and open space property, in addition to additional public property developed as public parks or managed
as open space. See 19.05.210 for the requirements which apply to properties in the Parks and Open Space
zone.
C. Zoning Overlays
1. If a property is located within an overlay zone, it may provide for additional restrictions or exceptions that
might apply to the property. Overlay standards may be found in Tables 5-1 through 5-5 or within specific
sections as further outlined below.
2. For Historic Overlay zones, see EMC 19.28.
3. For Airport, Port and Navy Compatibility area, see EMC 19.17.
4. For Planned Development Overlays, see EMC 19.29.
5. For Institutional Overlays, see EMC 19.31.
D. Street Type Designations
1. Certain streets within Everett have one of four (4) street types designated: transit-oriented development
(“TOD”) street, pedestrian street, connector street and residential mixed-use corridor. See EMC 19.33 for
Street Type Map.
2. A use that is allowed in Tables 5-1 through 5-5 may be further restricted based on whether the property
fronts on a designated street type. The restriction based on street type designation could apply to the
entire property or to ground floor
Figure 1: Corner Lots
uses.
3. Corner Lots. For corner lots with
more than one street type
designation, the most restrictive
street type designation applies to
that portion of the lot measured 50
feet in depth from the lot line
adjoining the designation. See Figure
1 for how to apply this requirement.
E. Shorelines of the State
1. All uses, developments and activities
proposed on properties under the

jurisdiction of the Everett Shoreline Master Program, in addition to being subject to the requirements of
this title, shall be subject to the procedures and review criteria for shoreline substantial development
permits, variances, and conditional use permits in EMC 15.03.
2. All uses, developments and activities in shoreline jurisdiction shall be subject to the development
standards and special regulations of this title and the requirements of the Shoreline Master Program,
except as follows:
a. When a conflict exists between the Shoreline Master Program and this title, the Shoreline Master
Program shall take precedence over this title.
b. Zoning districts shown on Map 3-1 do not include areas waterward of the ordinary high water mark
(OHWM). These areas will be subject to the Everett Shoreline Master program restrictions on uses,
developments and activities.
19.05.040 Use of Basement or Other Building Spaces in the Mixed Urban Zone.
A. Purpose
The purpose of this section is to allow basements or other spaces in buildings existing in the Mixed Urban (MU)
zone, as of the effective date of this ordinance, to be considered for uses that are not otherwise permitted, but
which, if properly designed and managed, would not create unacceptable impacts on surrounding properties or
the area in general. Other spaces, in addition to basements in existing buildings that, due to their location or
configuration are not readily usable for permitted uses, as determined by the planning director, may be considered
using the process described herein. This process differs from the unlisted use process listed in Section 19.05.070(B)
in that uses that are not specifically authorized in the MU zone may be considered using the process described
herein.
B. Review Process
1. Any request to allow a use that is not otherwise permitted in the MU zone, as provided by this section,
shall be reviewed using Review Process II.
2. Review Criteria. The following criteria shall be used as the basis for approving, denying, or conditionally
approving a request to allow the use of a basement space, or other space as provided herein, for a use
not otherwise permitted in the MU zone.
a. Traffic generated by the proposed use.
b. Noise generated by the proposed use.
c. Impacts from odor, vibration, dust or other nuisances.
d. Aesthetic character and quality of the proposed use.
e. Public safety impacts.
f. Compliance with building and fire codes.
g. Hours of the day of proposed use or activity.
h. Proposed management and operational procedures to minimize and mitigate potential impacts.
i. Other factors not specified herein that would create a conflict with the uses that are permitted in the
MU zone.
3. Action. Any proposal that gives the outward appearance of a use or activity that is incompatible with the
intent and purpose of the MU zone shall be denied. The city shall retain the right to revoke a permit
issued under this section for a use that fails to comply with any conditions of approval of said permit, or
which operates in a manner inconsistent with representations made in the application, pursuant to
Chapter 1.20.

19.05.050 Prohibited Uses.
If Tables 5-1 through 5-5 does not indicate a specific review process for a specific use and zone, the use shall not
be permitted in that zone. The following uses are prohibited anywhere within the city of Everett:
A. Aggregates extraction
B. The disassembly, dismantling, or storage of more than five (5) wrecked vehicles as defined in RCW
46.80.010(6) at any one time unless completely contained within an enclosed building
C. Manufacture of explosives
D. Stockyards, slaughterhouses, or rendering plants
E. Petroleum refineries
F. Sanitary landfills
19.05.060 Modification of Use Regulations.

A. Use Regulations that May be Modified
An applicant may propose, and the planning director may allow, deny or condition using Review Process II, a
modification of the special regulations and notes in Tables 5-1 through 5-5 in this chapter.
B. Evaluation Criteria
1. Any proposal to modify use regulations shall not undermine the intent of the standards. The planning
director shall not approve a request for modification unless the proposal provides architectural and urban
design elements equivalent or superior to what would likely result from compliance with the use
regulations which are proposed to be modified.
2. The planning director shall consider the criteria set forth in EMC 15.03.060 in making a decision.
19.05.065 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. For home occupations as an accessory to a residential use, see EMC
19.08.120.
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.
19.05.067 Home occupations.

Home occupations are permitted in any residential zone provided the home occupations comply with EMC
19.08.120.

19.05.068 Temporary Uses.
User Guide.
This section establishes a mechanism whereby the city may, on a short-term basis, permit a use to be conducted
that would not otherwise be allowed in the zone in which it is located. This section is intended to permit certain
inherently temporary uses, such as community festivals and fresh vegetable stands, that would not be allowed in
the zone in which they are proposed, but which, if limited in time and strictly controlled, may be in the best
interest of the Everett community.
Process for Deciding Upon a Proposed Temporary Use.
The city will use the review process as described in EMC 15.02, Local Project Review Procedures, to review and
decide upon an application for a temporary use permit.
Application Information.
The applicant shall provide the following information to the planning department:
1. A completed application on the form provided by the planning department, along with all information
requested in that form;
2. An irrevocable, signed and notarized statement granting the city permission to summarily abate the
temporary use and all physical evidence of that use if it is not removed by the applicant within the period
specified as part of the permit, and agreeing to reimburse the city for any expenses incurred by the city in
abating the temporary use; and
3. Written permission from the owner of the property upon which the temporary use is proposed to be
located authorizing the proponent to use the subject property for the stated purposes and time period.
Criteria for Granting a Temporary Use Permit.
The city may grant a temporary use permit only if it finds that:
1. The proposed temporary use will not be materially detrimental to the public welfare, or injurious to the
property or improvements in the immediate vicinity; and
2. The proposed temporary use is compatible in terms of location, access, traffic, noise, nuisance, dust
control and hours of operation with existing land uses in the immediate vicinity; and
3. The proposed temporary use is not otherwise allowable in the zone in which it is proposed.
Dimensional Requirements and Development and Performance Standards.
The city shall establish dimensional requirements and development and performance standards as part of the
approval of each temporary use permit. The city will use the nature of the proposed use and character of the
surrounding area as guides in establishing these requirements and standards.
Frequency and Duration of Temporary Use.
The city may not grant a temporary use permit to the same user for the same use more frequently than once in
every three-hundred-sixty-five-day period. The city may only grant a temporary use permit for a specified period of
time, not to exceed sixty days except as otherwise provided in this section. The temporary use permit shall specify
a date by which the use shall be terminated.
Removal of a Temporary Use.
The city shall designate, as part of the temporary use permit, a period following the expiration of the permit within
which the temporary use must be terminated and all physical evidence of the use must be removed by
the applicant. If the temporary use and all physical evidence of the use are not removed within the time specified,
it will constitute a violation of this title. Further, the city is authorized to abate the temporary use in accordance
with subsection (C)(2) of this section.
Exception to Permit Requirement.
1. Garage Sales. Garage sales shall be limited to two (2) events per year with a maximum duration not to
exceed four (4) days per event.

2. Commercial and Industrial Zones. The following temporary uses, when located in commercial and
industrial zones for not longer than the time periods specified below, are exempt from the permit
requirements of this section:
a. Not to exceed forty-five (45) days:
i. Christmas tree lots;
b. Not to exceed ten (10) consecutive days:
i. Amusement rides;
ii. Carnivals and circuses;
iii. Parking lot sales which are ancillary to the indoor sale of the same goods and services.
Prohibited on Public Right-of-Way.
See EMC 13.30.010 for permit requirements to use public right-of-way.
Temporary outdoor encampments, safe parking areas or tiny home communities.
1. See EMC 19.08.200 regarding standards for temporary outdoor encampments, safe parking areas or tiny
home communities.
2. See EMC 15.02.140 regarding notice requirements, review process and appeal procedures for temporary
outdoor encampments, safe parking areas or tiny home communities are subject to the following.
19.05.070 Use Table, Overview.

A. General.
Land uses which are listed in Tables 5-1 through 5-5 of this chapter shall be permitted subject to the review
process listed in the table for a specific use in a particular zone. If Tables 5-1 through 5-5 do not indicate a specific
review process for a specific use and zone, the use shall not be permitted in that zone. If a use is not listed, please
refer to subsection B below regarding unlisted uses. See EMC 19.33 for Street Type designations.
B. Unlisted Uses
1. Similar in nature and impact. If a use is not listed but is similar in nature and impact to a use that is listed
in Tables 5-1 through 5-5, the planning director may interpret and classify the use (see subsection E
below) and proceed with review in accordance with the criteria outlined in EMC 15.03.030.
2. Not similar in nature or impact. If a use is not listed and cannot be interpreted as similar in nature or
similar in impact to a use that is listed in Tables 5-1 through 5-5, the use is deemed prohibited.
C. Special use restrictions or exceptions
In some of the cells contained in Tables 5-1 through 5-5 are special regulations and endnotes. These special
regulations and endnotes indicate that there are additional requirements or exceptions that apply to the specific
use and/or zone corresponding with that particular cell in Tables 5-1 through 5-5. The special regulations are, in
most cases, listed on the page(s) following Tables 5-1 through 5-5 in which the number is listed or provide
reference to special regulations contained within the applicable other chapters of this code.
D. Administrative Use and Conditional Use Permit Criteria
Criteria for the evaluation of Administrative Use and Conditional Use Permits assigned in Tables 5-1 through 5-5
are set forth in EMC 15.03.
E. Classification of Uses
Land uses in Tables 5-1 through 5-5 are classified in one of four categories:
Key Review Process
P = Permitted Review Process I (REV I)
A = Administrative Use – subject to public notice and discretionary approval Review Process II (REV II)
C = Conditional Use Permit – subject to hearing and discretionary approval Review Process III (REV III)
Cell empty = Prohibited Use Prohibited

19.05.080 Table 5-1 (Residential Use Table).
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USE R-S R-1 R-2 R-2A UR3 UR4 NB B MU LI2 HI AG SPECIAL REGULATIONS
RESIDENTIAL USES
See EMC 19.08.140
11 Within the R-S, R-1 and R-2 zones, bed and
breakfast houses shall be permitted only in

homes individually listed on the National,
Bed and breakfast
C11 C11 C11 C P P P P P A State or Everett Historical Register. Homes
houses
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.
1 TOD Streets: Residential use on the ground
Dormitory A P P1 P1 floor cannot exceed 25% of the street
frontage of the block.
See 19.08.100 Accessory Dwelling Units
Dwelling unit, 5 If attached to a single-family (1-unit)
P P P P P P5
P P P P
accessory dwelling, allowed only on property within a
historic overlay zone.
2 Allowed only on property within a historic
Dwelling, 1-unit P P P P P2 P2 P overlay zone.
See 19.08.030-.040 Townhouse and Duplex
Standards in single-family zones and 19.09
for all other zones.
2 Allowed only on property within a historic
Dwelling, 2-units C4 P3 P3 P P P2 P P overlay zone.

3 See EMC 19.08 for limitations on 2-unit
dwellings in the R-1 and R-2 zones.

4 Allowed only through the unit lot process
for subdividing, as provided by EMC 19.27.

LI1
See Section 19.08.030-.040 Townhouse and
Duplex Standards in single-family zones and
19.09 for all other zones.
floor cannot exceed 25% of the street

Dwelling, 3- to 4 units P P P P1 P1 P1 A6 frontage of the block.
6 Prohibited in the LI2 zone and allowed in
the LI1 zone only within Metro Everett. If on

a TOD Street, residential use on the ground
See 19.09 for multifamily development
standards

Dwelling, multiple frontage of the block.
P P P1 P1 P1 P6
family 6 Prohibited in the LI2 zone and allowed in
the LI1 zone only within Metro Everett. If on

Dwelling, micro- 6 Prohibited in the LI2 zone and allowed in
P A1 P1 P1 P6
housing the LI1 zone only within Metro Everett. If on
Dwelling, cottage
P P See 19.08.070 Cottage Housing
housing
Family home (day care
or adult)
P P P P P P P1
P1
P1
P7
P floor cannot exceed 25% of the street

LI1
7 Permitted only within an existing dwelling
unit.
Group housing,
P P P P P P P1 P1 P1 P7 frontage of the block.
Category 1 7 Permitted only within an existing dwelling
unit.
Group housing,
P P P1 P1 P1 P7 frontage of the block.
Category 2 7 Permitted only within an existing dwelling
unit.
Group housing, 8 TOD or Pedestrian Streets: Prohibited use

A P A8 P8 P8 A8
Category 3 on the ground floor.
See EMC 19.08.200

8 TOD or Pedestrian Streets: Prohibited use
on the ground floor.
9 Pursuant to RCW 35.21.915, a religious
organization may host the homeless on

property owned or controlled by the religious
Group housing,
organization whether within buildings
Temporary Shelter
9 9 9 9 C9 C8 9 C9 89
A9 located on the property or elsewhere on the
– shelters which C9 10 C9 10 10 10 10 10
9 10
10 property outside of buildings, subject to the
accommodate 12 or conditions set forth in EMC 19.08.200 and an
fewer persons Administrative Use Permit (REV II).
10
Buildings which provide shelter for
persons experiencing domestic violence
are allowed as a Permitted Use without a
requirement for notice to adjacent
property owners.
Group housing, 9 9 9 9
C9 C9 C9 A8 9 A9 A8 9 A9 C9 See EMC 19.08.200
Temporary Shelter

LI1
– shelters which 8 TOD or Pedestrian Streets: Prohibited use
accommodate more on the ground floor.
9 Pursuant to RCW 35.21.915, a religious
than 12 persons
organization may host the homeless on
property owned or controlled by the religious
organization whether within buildings
located on the property or elsewhere on the
property outside of buildings, subject to the
conditions set forth in EMC 19.08.200 and an
Administrative Use Permit (REV II).
See EMC 19.08.125 for Live/work unit
requirements
Live/work unit P P P P A See “Uses, accessory to permitted principal
uses including home occupations” for
residential zones
The entry of manufactured homes, park
Manufactured/mobile/ models, recreational vehicles or tiny homes
RV Park or Tiny Home in an approved manufactured housing
Community community is allowed.
See EMC 19.08.210
The number of rooms allowed in a rooming
house shall not exceed the number of
dwelling units allowed by the density
standards of the zone in which the property
is located; in the event the zone does not
have density standards, then the density
Rooming house A P A8 P8 P8 A7 P limits in the comprehensive plan shall be
used.
7 Permitted only within an existing dwelling
unit.

LI1
Secure community
C C
transition facility
See EMC 19.13.150 for short-term rental
Short-term rentals P P P P P P P P P P requirements
1
TOD Streets: Residential use on the ground floor cannot exceed 25% of the street frontage of the block.
2
Allowed only on property within a historic overlay zone.
3
See EMC 19.08 for limitations on 2-unit dwellings in the R-1 and R-2 zones.
4
Allowed only through the unit lot process for subdividing, as provided by EMC 19.27.
5
If attached to a single-family (1-unit) dwelling, allowed only on property within a historic overlay zone.
6
Prohibited in the LI2 zone and allowed in the LI1 zone only within Metro Everett. If on a TOD Street, residential use on the ground floor cannot exceed 25%
of the street frontage of the block.
7
Permitted only within an existing dwelling unit.
8
TOD or Pedestrian Streets: Prohibited use on the ground floor.
9
Pursuant to RCW 35.21.915, a religious organization may host the homeless on property owned or controlled by the religious organization whether within
buildings located on the property or elsewhere on the property outside of buildings, subject to the conditions set forth in EMC 19.13.200 and an
Administrative Use Permit (REV II).
10
Buildings which provide shelter for persons experiencing domestic violence are allowed as a Permitted Use without a requirement for notice to adjacent
property owners.
11
Within the R-S, R-1 and R-2 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. See EMC 19.08.140 for additional regulations pertaining to bed and breakfast houses.
19.05.090 Table 5-2 (Commercial Use Table).
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COMMERCIAL USES (See EMC 19.39.060, Performance Regulations-General regarding requirements to prevent nuisance impacts.)

LI1
See EMC 19.13.070
1 Permitted only on designated Residential
Mixed-Use Corridor or TOD streets. The use

Alcohol production, must be located on the ground floor of a
micro residential mixed-use development with no
- e.g., micro-brewery, A1 A P P P2 P2 P less than 50% of the gross floor area used for
micro-distillery, micro- single-family or multifamily residential uses.
2 See Industrial Uses. Alcohol production is
winery
allowed as a primary use without the
requirement to include a restaurant, retail, or
tasting room.
See Chapter 19.13.095 for regulations
Automobile drive- concerning drive-through facilities.
P3
P3
P3
through facility 3 In Metro Everett, permitted only in the
areas indicated on Map 13-2
Auto fuel sales P4 A4 P4 P 4 TOD or Pedestrian Streets: Prohibited use

5 In the B zone, permitted only on
Broadway, Evergreen Way, Rucker Avenue,
and on Everett Mall Way with the following
condition: on Everett Mall Way, minimum lot
area for vehicle sales and related/supportive
Automobile, light truck
P5 P7 uses is 2.5 acres.
or RV sales or rental 7 Not permitted in the LI1 zone, and in the
LI2 zone, only automobile rental is permitted

on Airport Road where the minimum lot area
for vehicle rental and related/supportive uses
is 1.5 acres.
Equipment sales and

P A P P
rental
Heavy truck and
P P
equipment sales

LI1
See EMC 19.13.140 for Light automobile and
truck service, body repair and painting
Automobile and truck 4 TOD or Pedestrian Streets: Prohibited use
service, light; body P4 P4 P4 P8 8 In HI zone, light vehicle servicing is
repair and painting permitted only in multiple-tenant building or
development.
Automobile and truck

P
service, heavy
9 Permitted only in the LI1 and HI zones
Automobile
P 9
P 9 when completely contained within an
dismantling/recycling
enclosed building.
10Impound, storage and tow yards shall
Impound, storage yard,
P10
P
10 comply with landscaping and screening
tow yard requirements of chapter 19.39.
See EMC 19.13.170
Casino, mini P
11
P11 11 Mini-casinos are also not permitted within
the area defined in Map 13-1.
Convention center P P P
Day care center,
C C C C A P P P P P P
commercial
Entertainment and must be located on the ground floor of a
recreation residential mixed-use development with no
- enclosed in building A1 P P P12 P12 less than 50% of the gross floor area used for
(e.g., theater, fitness single-family or multifamily residential uses.
12 In Metro Everett on TOD or Pedestrian
facility)
streets: private clubs are a prohibited use on
the ground floor.
Entertainment and
P C A P C
recreation

LI1
- not enclosed (e.g.,
amusement, outdoor
arena)
must be located on the ground floor of a
residential mixed-use development with no
less than 50% of the gross floor area used for
single-family or multifamily residential uses.
Food or beverage A1 P14
13 P14 P14 P14 15 P14 13 Taverns, nightclubs and restaurants with
establishment
live entertainment prohibited.
14 Taverns, nightclubs and restaurants with
live, amplified entertainment shall be set

back a minimum of 100 feet from any
residential zone.
15 Allowed as an accessory use only.
Lodging
P P P
- hotels, motels
Offices Mixed-Use Corridor or TOD streets. The use
- excluding clinics, must be located on the ground floor of a
social or human service A1 P P P P15 P15 residential mixed-use development with no
facility, community less than 50% of the gross floor area used for
services single-family or multifamily residential uses.
15 Allowed as an accessory use only.

Offices must be located on the ground floor of a
- clinics, social or residential mixed-use development with no
A1 P16 P P17 A17
human service facility, less than 50% of the gross floor area used for
community services single-family or multifamily residential uses.
16 NB zone: permitted to occupy a maximum
of 50% of the gross floor area.

LI1
streets: Clinics, social or human service
facilities, or community services are a
prohibited use on the ground floor, provided,
however, that the following are not
considered clinics for the purpose of this
restriction: dentists, psychiatrists,
chiropractors, physical therapists,
optometrists or ophthalmologists.
a) Government public health agency uses
providing clinical services shall be deemed to
be a permitted use on the ground floor
within the MU or LI1/LI2 zone.
b) Health events on a property within the MU
or LI1/LI2 zones providing clinical health
services to the general public, not exceeding
three days in duration and occurring not
more than once every 90 days, shall be
exempt from the prohibition of clinics on the
ground floor.
Parking, commercial 18In Metro Everett, surface parking lots

- applicable if principal P P18 P18 P prohibited as a principal use.
use
must be located on the ground floor of a
residential mixed-use development with no
A1 P19 less than 50% of the gross floor area used for
Retail sales and service 19 P19 P19 P19 20 P20 single-family or multifamily residential uses.
19 On TOD or Pedestrian Streets: Pawnshops,
secondhand stores, thrift stores, and junk

stores are a prohibited use on the ground
floor.

LI1
20Permitted as an accessory use for those
products produced on premises; up to but no
more than seventy-five percent (75%) of
goods sold may be produced off site and by
other producers.
Storage, commercial 21TOD or Pedestrian Streets: Prohibited use

- enclosed in building P A21 P21 P on the ground floor.
(e.g., mini-storage)
Storage, commercial
- not enclosed in
P4 P4 P 4 TOD or Pedestrian Streets: Prohibited use
building (e.g., boat or
RV storage)
Outside runs or other outside facilities for
animals are not permitted. Buildings shall be
constructed so noise from this use is not
Veterinary clinic or audible on residentially zoned lots.
animal day care
P23 P P22 P22
- limited to small 22 In Metro Everett only on TOD or
animal Pedestrian streets: Prohibited use on the
ground floor.
23 Limited to not more than twenty animals
in the Neighborhood Business zone.

Buildings and outside runs shall be placed
Veterinary clinic or and constructed so noise from this use is not
audible on residentially zoned lots.
commercial kennels
A A22 A
- large animal or 22In Metro Everett only on TOD or
commercial kennels Pedestrian streets: Prohibited use on the
ground floor.
1
Permitted only on designated Residential Mixed-Use Corridor or TOD streets. The use must be located on the ground floor of a residential mixed-use
development with no less than 50% of the gross floor area used for single-family or multifamily residential uses.

2
See Industrial Uses. Alcohol production is allowed as a primary use where alcohol without the requirement to include a restaurant, retail, or tasting room.
3
In Metro Everett, permitted only in the areas indicated on Map 13-2
4
TOD or Pedestrian Streets: Prohibited use
5
In the B zone, permitted only on Broadway, Evergreen Way, Rucker Avenue, and on Everett Mall Way with the following condition: on Everett Mall Way,
minimum lot area for vehicle sales and related/supportive uses is 2.5 acres.
6
Reserved
7
Not permitted in the LI1 zone, and in the LI2 zone, only automobile rental is permitted on Airport Road where the minimum lot area for vehicle rental and
related/supportive uses is 1.5 acres.
8
In the HI zone, light vehicle servicing is permitted only in multiple-tenant building or development.
9
Permitted only in the LI1 and HI zones when completely contained within and enclosed building.
10
Impound, storage and tow yards shall comply with landscaping and screening requirements of chapter 19.39.
11
Mini-casinos are also not permitted within the area defined in Map 13-1.
12
In Metro Everett on TOD or Pedestrian streets: private clubs are a prohibited use on the ground floor.
13
Taverns, nightclubs and restaurants with live entertainment prohibited.
14
Taverns, nightclubs and restaurants with live, amplified entertainment shall be set back a minimum of 100 feet from any residential zone.
15
Allowed as an accessory use only.
16
NB zone: permitted to occupy a maximum of 50% of the gross floor area.
17
In Metro Everett on TOD or Pedestrian streets: Clinics, social or human service facilities, or community services are a prohibited use on the ground floor,
provided, however, that the following are not considered clinics for the purpose of this restriction: dentists, psychiatrists, chiropractors, physical therapists,
optometrists or ophthalmologists.
a) Government public health agency uses providing clinical services shall be deemed to be a permitted use on the ground floor within the MU or LI1/LI2
zone.
b) Health events on a property within the MU or LI1/LI2 zones providing clinical health services to the general public, not exceeding three days in duration
and occurring not more than once every 90 days, shall be exempt from the prohibition of clinics on the ground floor.
18
In Metro Everett, surface parking lots prohibited as a principal use.
19
On TOD or Pedestrian Streets: Pawnshops, secondhand stores, thrift stores, and junk stores are a prohibited use on the ground floor.
20
Permitted as an accessory use for those products produced on premises; up to but no more than seventy-five percent (75%) of goods sold may be produced
off site and by other producers.
21
22
In Metro Everett only on TOD or Pedestrian streets: Prohibited use on the ground floor.
23
Limited to not more than twenty animals in the Neighborhood Business zone.

19.05.100 Table 5-3 (Industrial Use Table).
LI1
(See EMC 19.39.060, Performance Regulations-General regarding requirements to prevent nuisance impacts.
INDUSTRIAL USES
See EMC 19.12.200 and 19.12.210 for building and additional standards applicable to the LI2 and HI zones.)
Freight terminal P1 P 1 TOD or Pedestrian Streets: Prohibited use.
Heavy industrial, 2 The following facilities are subject to a

manufacturing, Conditional Use Permit: a) batch plant; b)
P 2
processing, fabrication blast furnace; c) drop forge; and d) power
or assembly generation plant.
Heliport C C A
Alcohol production and coffee roasters: see
Light industrial, EMC 19.13.070
manufacturing, or C3 P3 P
3
assembly TOD or Pedestrian Streets: Prohibited use
Marine terminal P
Railyard C A
1 TOD or Pedestrian Streets: Prohibited use.
4
Any composting and recycling facilities
Storage yard A1 4 P4
over one (1) acre in size is subject to a
Conditional Use Permit.
Warehouse or 3 TOD or Pedestrian Streets: Prohibited use

P3 P
distribution centers on the ground floor.
1
TOD or Pedestrian Streets: Prohibited use.
2
The following facilities are subject to a Conditional Use Permit: a) batch plant; b) blast furnace; c) drop forge; and d) power generation plant.
3
4
Any composting and recycling facilities over one (1) acre in size is subject to a Conditional Use Permit.

19.05.110 Table 5-4 (Public, Institutional, Quasi-Public Use Table).
LI1
PUBLIC, INSTITUTIONAL
AND QUASI-PUBLIC USES
Cemetery C C C C C A C
Community garden P P P P P P P P P P P P
Food bank A P A1 P1 P streets: Prohibited use on the ground floor.
Government
- limited public service 2 TOD or Pedestrian Streets: Public works
(e.g., public works C2 C2 P2 C2 P P yards or vehicle storage prohibited use.
yards, vehicle storage,
etc.)
Government,
administrative and C C P P P A A
service
Government, See EMC 19.13.130 for Jails and Correctional
C
correctional facility Facilities
Hospitals C C C C C C C P A C See EMC 19.13.120 for Hospitals

3 Permitted only by development agreement
Light rail station P3 P3 P3 P3 with approval by city council.
Permitted use if park master plan or capital
Parks, fire stations P P P P P P P P P P P P facility plan approved by Everett city council,
otherwise an Administrative Use
Religious facility and See EMC 19.13.080 for Churches, Religious

C C C C C C4 A4 P4 P1 C1
places of worship Facility and Places of Worship

LI1
streets: Prohibited use on the ground floor.
Schools (public and

private)
C C C C P P P A
- institutions of higher
education
Schools (public and
private)
C C A A A A P P P A
- elementary, middle
and high schools
Solid waste transfer
C5 C 5 TOD or Pedestrian Streets: Prohibited use.
station
5 TOD or Pedestrian Streets: Prohibited use.
Solid waste - hazardous 6
Any hazardous waste treatment and
waste treatment and A5 6 A6
storage facility over one (1) acre in size is
storage
subject to a Conditional Use Permit.
Transit and bicycle

facilities
- single bus stop with or
P P P P P P P P P P P P
without shelter
- bike rack/repair
station
Transit station
- where routes
converge for transfers C A A P A A A
with more than one
shelter

LI1
Transportation facilities
of statewide C C C C C C A A A A A A
significance
Utilities—minor above See EMC 19.13.020, Above Ground Utility and
P P P P P P P P P P P P
ground facilities Communications Facilities
Utilities—major above See EMC 19.13.020, Above Ground Utility and

A A A A A A A P P P P P
ground facilities Communications Facilities
1
In Metro Everett only on TOD or Pedestrian streets: Prohibited use on the ground floor.
2
TOD or Pedestrian Streets: Public works yards or vehicle storage prohibited use.
3
Permitted by development agreement with approval by city council.
4
5
6
Any hazardous waste treatment and storage facility over one (1) acre in size is subject to a Conditional Use Permit.

19.05.120 Table 5-5 (Miscellaneous Use Table).
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MISCELLANEOUS USES
Adaptive Reuse of
Nonresidential A A A A P P P P P P P See EMC 19.13.030
Buildings
Adult retail P P P See EMC 19.13.040 Adult retail business
Adult use business P P P See EMC 19.13.050 Adult use business

1 TOD Streets: Prohibited use on the ground
Agriculture, industrial A1 A A floor.
Agriculture, farming or
P
farm use
Agriculture,
A P P2 P P 2 TOD or Pedestrian Streets: Prohibited use.
greenhouse or nursery
Assembly, community
A A A A P P P P P P A P
center
Clubs or lodges
(private), or similar C C A P P P A P
uses
Marijuana
A A
- producer or processor
Marijuana
P P P
- retail
Marina P P P P
1
TOD Streets: Prohibited use on the ground floor.
2

3
TOD or Pedestrian Streets: Private clubs are a prohibited use on the ground floor.

19.05.200 Watershed Resource Management Zone.
A. Permitted Uses
The following land uses and uses customarily incidental thereto are permitted within the WRM zone:
1. Public water supply management and conservation, including storage, treatment, pumping, and residual
solids management;
2. Hydro-electric power generation;
3. Forestry management;
4. Biosolids application;
5. Public recreation, where allowed;
6. Wildlife habitat management;
7. Uses incidental to the above listed uses.
B. Review Process
All permitted uses are allowed as permitted Use subject to Review Process I as set forth in EMC 15.02.
C. Development standards
All uses within the WRM zone shall be subject to the policies and requirements of applicable management plans
adopted by the Everett city council, the policies and regulations of the Shoreline Master Program, if applicable, and
the Everett comprehensive plan. The standards applicable to any structures or improvements to be built or
installed on the property shall be as needed to accomplish the purpose of such structures or improvements;
provided, that said improvements are compatible with city council adopted land use and management plans for
the property, and with other adjoining properties. All uses shall comply with requirements for protection of critical
areas set forth in EMC 19.37, where applicable.
19.05.210 Park and Open Space Zone.

A. Permitted Uses
1. Public park development uses include any park and recreational activity, including active and passive
outdoor recreational activities, trails, open space, cultural activities, park buildings and structures,
concessionaires, general park operations and maintenance activities, ranger’s or caretaker’s quarters,
other compatible public uses and structures, and uses customarily incidental thereto, and are permitted
in accordance with the provisions of Title 15, Local Project Review Procedures.
2. Transportation facilities of statewide significance through a review process II land use decision, except
that a review process I land use decision is required for projects that are categorically exempt
under SEPA and a review process III land use decision is required for projects in shoreline jurisdiction with
a project area greater than one acre.
B. Development Standards
1. Park and open space development shall comply with the standards of Chapter 19.37 and the Everett
Shoreline Master Program, where applicable.
2. Development standards for city-owned park uses shall be determined on a case-by-case basis by
the parks department and approved by the park commission through the review processes described
herein.
3. Development standards for non-city-owned park and open space is subject to Review Process II set forth
in Title 15, Local Project Review Procedures. A master site plan can be approved pursuant to this process.
C. Other Review Processes
Park development on property not zoned “park and open space” is subject to the review process and development
standards in Tables 5-1 through 5-5 of this chapter.

Instructions to reader: This is a new chapter in the Unified Development Code. For a summary of the effect of the
changes, please visit the Rethink Zoning Library at https://everettwa.gov/2453/Rethink-Zoning-Library.
Chapter 19.06 Lots, Setbacks and Residential Densities
Table of Contents
CHAPTER 19.06 LOTS, SETBACKS AND RESIDENTIAL DENSITIES ........................................................................................ 1
19.06.010 MINIMUM LOT AREA, WIDTH, DEPTH, FRONTAGE. ...................................................................................... 1
19.06.020 BUILDING SETBACKS/BUILDING PLACEMENT STANDARDS. .............................................................................. 2
19.06.030 EXCEPTIONS TO BUILDING OR STRUCTURE PLACEMENT REQUIREMENTS. ........................................................... 4
19.06.040 CALCULATION OF LOT AREA. .................................................................................................................... 7
19.06.050 FRONT LOT LINE ON CORNER SITES. ............................................................................................................ 7
19.06.060 LOT REQUIREMENTS FOR LOTS CREATED THROUGH LAND DIVISION PROCESS. ................................................... 8
19.06.070 MINIMUM LOT AREA—AVERAGING IN LAND DIVISIONS. ............................................................................... 9
19.06.080 LAND DIVISIONS - EXCEPTIONS TO MINIMUM LOT AREA, WIDTH, DEPTH, FRONTAGE AND LOT COVERAGE. ............9
19.06.090 OTHER ADMINISTRATIVE MODIFICATIONS OF DEVELOPMENT STANDARDS. ....................................................... 10
19.06.100 RESIDENTIAL DENSITIES – MULTIPLE FAMILY USES. .................................................................................... 10
19.06.110 DENSITY AND LOT SIZE – ATTACHED HOUSING IN SINGLE-FAMILY ZONES. ....................................................... 11
19.06.010 Minimum Lot Area, Width, Depth, Frontage.

Minimum requirements for lot area, width, depth, frontage and maximum lot coverage by building standards are
shown in Table 6-1 below. Note there may be additional requirements for individual zones based on specific land
use types. Exceptions to these standards may be granted for lots created through a binding site plan or unit lot
land division as allowed in Section 19.06.080 of this chapter.
Table 6-1: Minimum Lot Area, Width, Depth, Frontage, Lot Coverage by Building

STANDARDS : (1)
9,000 6,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 5,000 2.5
Min. Lot Area 1 acre 5 acres
sf (2) sf (2) sf (2)(3) sf (2) sf sf sf sf sf sf acres
Lot Width,
60′ 50’ 50′ 50’ 50′ 50′ 50′ 50′ 50′ 50′ 150′ 100′ N/A
Min.
Lot Depth,
80′ 80’ 80′ 80’ 80′ 80′ 80′ 80′ 80′ 80′ 150′ 100′ N/A
Min.
Lot frontage
40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’ 40’
Min.
Maximum Lot
Coverage by 35% 35% 40% 40% N/A N/A N/A N/A N/A N/A 50% N/A N/A
Building
Footnotes for Table 6-1:
(1)
See section 19.06.070 and 19.06.080 for exceptions to minimum lot requirements
Ch. 19.06, Lot and Building Placement, Densities 1 Planning Commission Recommendation (09/08/20)
(2)
This standard applies to lots used for single-family detached dwellings. See Chapter 19.08.030 for additional lot requirements
applicable to other housing types. Not more than one single-family detached dwelling may be permitted unless
meeting the minimum lot area required in the R-S, R-1 and R-2 zones unless otherwise allowed by this title.
(3)
In the R-2 zone, minimum lot area for single-family dwellings with alley access shall be four thousand five hundred square
feet.
19.06.020 Building Setbacks/Building Placement Standards.

A. Minimum building setbacks for principal structures.
The standards set forth in Table 6-2 below apply to all new development. Also refer to EMC 19.22, Building Height.
Table 6- 2: Minimum Building Setbacks for Principal Structures

Minimum
Setback:
Front 20′ 20’ 20′ 20’ 20′ 10′ None None None None 20′ None 25′
Rear (with None

20′ 20’ 20′ 20’ 20′ None None None None None 10′(1) 25′
alley) (1)
None None
Rear (no alley) 20’ 20’ 20’ 20’ 20’ 10’(3) 10’ (2) (2) None(2) 15’(1) 10’(1)
Side, Street 10′ 10’ 10′ 10’ 10′ 10′ 10′ 10′ None None 20′ None 10′
None
Side, Interior 5′ 5’ 5′ 5’ 5′ 5′ 5’ 5’ None None 15’(1) (1) 10′
Footnotes:
(1)
25 feet when abutting lots located in residential zones.
(2)
10 feet when abutting lots located in residential zones.
(3)
20 feet when abutting lots located in the R-S, R-1 and R-2 zones.
B. Average Front Setback – Residential Structures in Residential Zones.
In certain instances, existing residential dwellings do not meet the current front setback standard for the
applicable zone district. In such cases, the applicant may use the average of the existing front facade setback of
the two nearest and adjacent existing residential buildings on the same side of the street as the minimum required
front setback for the lot. For corner lots, the applicant may use the same setback as the adjacent building on the
same side of the street. This provision shall apply to principal dwellings only. The resulting setback shall not be less
than 50 percent of the required setback standard.
Figure 6- 1: Building Placement
C. Additional Building Placement Requirements (applicable within Metro Everett only). Front or side street
(corner) setbacks 10 feet or more.
Any principal building set back ten (10) feet or more from the minimum front or side street (corner) setback line
shall include design features, such as a plaza or forecourt (see Chapter 19.12.140.C), along the front or side street
(corner) lot line in order to provide an impression of a continuous façade line at the front setback.
D. Building setbacks for lots fronting on and taking access from a private access drive.
For lots that are accessed from a private access drive, the minimum setback shall be five feet from the edge of the
easement. Where vehicle parking is provided between the access drive and the dwelling or garage, the minimum
setback shall be twenty feet from the edge of pavement or curb face.
E. Building setbacks for residential accessory structures in residential zones.
The following setback requirements apply to all buildings which are accessory to residential uses in all residential
zones:
Table 6- 3: Setbacks for Accessory Buildings (attached and detached) in Residential Zones
MINIMUM SETBACK: STANDARD:

a) Accessory buildings shall not be located in front setback areas or street side
setback areas for corner lots, except as provided by b) below.
b) Accessory buildings on a corner lot with doors or openings for vehicles facing
and accessing the side street shall be set back a minimum of ten feet from the
Front and side, street
side street lot line or a minimum of twenty feet from the public sidewalk,
whichever is greater. If there is no public sidewalk, the planning director, with
input from the city engineer shall determine if there shall be a setback greater
than ten feet from the side street lot line. This determination shall be based on
future planned improvements within the right-of-way.
a) See Table 6-2
b) Accessory buildings shall not be located within the interior side setback area,
Side, interior
unless the side lot line abuts an alley, in which case there shall be no required
side setback from the alley.
Rear a) Alley Lots. No minimum rear setback
MINIMUM SETBACK: STANDARD:
b) Non-alley lots. 5 feet
c) The city engineer and planning director shall determine the rear setback for
accessory buildings on double fronting lots (lots with street frontages along the
front and rear property lines).
F. Building setbacks for accessory dwelling units (ADU).

The following table is a summary of the standards required for ADUs in the R-S, R-1 and R-2 zones, and within the
UR3 zone if within an area designated as an Everett Historic District or Historic Overlay:
Table 6- 4: ADU Building Setbacks
Subject Standard
a) Alley Lots. No minimum rear setback
b) Non-alley lots. 20-foot rear setback, provided that a Detached ADU may
Minimum Setbacks:
have a 5-foot rear setback if the building does not exceed 18’ in height
requirements in Chapter 19.22.
19.06.030 Exceptions to Building or Structure Placement Requirements.

A. Lot Setback Exceptions.
The exceptions to building or structure placement apply as outlined in Table 6-5 below, or as otherwise authorized
by this title.
Table 6- 5: Exception to Setback Standards

Side (Street)
Front
Rear
Side
Exception Standard
1) Chimneys with or without
foundations, bay windows, • May encroach up to eighteen inches. The
eaves, greenhouse windows total horizontal dimension of the elements
and other elements of a that extend into a required setback,
structure that customarily excluding eaves, may not exceed twenty-five
P P P P
extend beyond the exterior percent of the length of the facade upon
walls of a structure and do which the architectural element is located.
not require a foundation; • Setback standards for cell towers and other
dish antennas under 36” antennas: see Chapter 19.13
diameter.
Subject to the fence regulations contained within
2) Fences P P P P
Chapter 19.40.
3) Flagpoles P P P P Must not exceed 35 feet in height
• If the topography of a lot is such that the
front building setback line is eight (8) feet or
more above or below street grade, and there
is no reasonable way to construct a driveway
4) Garages/Carports on Slopes P
up to the dwelling level, a garage/carport is
allowed within the front setback, provided it
is set back at least five (5) feet from the front
lot line and complies with the street
Side (Street)
Front
Rear
Side
Exception Standard
intersection sight-obstruction requirements
of the city engineer.
• May be located in any required setback
provided that any such equipment shall not
be located within three (3) feet of any side
lot line or rear lot line where there is no
5) Heat pumps, air alley; provided, further that any location in a
conditioning, swimming front or side street (corner) setback may be
pool pumps, and other allowed through a modification of
P P P P
similar mechanical development standards process
equipment, and propane • Any such equipment shall be visually
tanks screened from surrounding properties and
streets.
• Any such equipment may not exceed the
maximum permissible noise levels set forth
in EMC 20.08 Noise Control
• Any structure retaining fill material, which is
less than four (4) feet in height above
finished grade, may be located in any
required setback.
• Any structure retaining fill material, which is
four (4) feet or greater, but less than six (6)
feet in height above finished grade, may be
located in any required setback but, if visible
from a public right-of-way or residentially
6) Rockeries and retaining zoned property, shall be constructed of or
P P P P
walls faced with brick, stone, split-face or fluted
concrete block, textured poured-in-place
concrete, or other materials with texture to
reduce the apparent mass of the wall.
• Any structure retaining fill material that is
greater than six (6) feet in height above
finished grade shall comply with accessory
building setback requirements, unless
otherwise approved by the planning director
as a REV II process.
7) Shoreline use and access May be located in any required setback area. The
areas, associated P P P P landward end of a pier may be located in the required
improvements setback area
8) Signs, Marquees and Subject to the requirements of Chapter 19.36 or other
P P P P
Awnings specific regulations of this title
Transit stops, transit shelters and bicycle facilities
9) Transit shelters P P P P serving the public may be placed within required
setbacks
10) Setback reductions
Buildings may encroach into what would otherwise be
(including zero lot lines) P P P P
considered a required setback area for internal lot lines.
approved as part of a
Side (Street)
Front
Rear
Side
Exception Standard
formal unit lot land division
application
Legend: “P” means permitted
B. Porches, decks and steps.

1. Rear or side setback:
a. No setback from rear or side lot lines if no higher than 42” above the existing grade
b. Setback in rear may be reduced 50%, or six (6) feet, whichever is more permissive, if no higher than
10’ above existing grade and if uncovered (i.e., no roof).
2. Front and side street setback:
a. Setback in front or side (street) may be reduced 50%, or six (6) feet, whichever is more permissive, if
no higher than 42” above existing grade.
b. Steps and accessibility ramps may encroach into setback if no higher than 42” above existing grade.
c. See Chapter 19.08 for front porch design standards.
C. Encroachment into Public Right-of-Way.
The following may be authorized by the city engineer within the public right-of-way:
1. Signs, marquees and awnings may project into (over) the public right-of-way.
2. Street furniture and landscaping may be placed in the public right-of-way when consistent with the
sidewalk standards set forth in Chapter 19.33.030 of this code.
3. Transit stops, transit shelters and bicycle facilities may be placed in the public right-of-way when
consistent with the sidewalk standards set forth in Chapter 19.33.030 of this code.
4. Any other encroachment.
D. West Marine View Drive at 23rd and 24th.
No buildings shall be constructed on property located within the westerly extension of the right-of-way lines for
23rd Street and 24th Street in Blocks 483, 486 and 556, immediately east of West Marine View Drive (see Map 6-
1). All buildings to be constructed north or south of these extended right-of-way lines shall meet the setbacks that
would be required if the property lines coincided with the extension of the right-of-way lines.
Map 6- 1: 23rd and 24th Street Setback Required
19.06.040 Calculation of Lot Area.

All of the following are deleted from the net square footage of a lot for the purpose of determining minimum lot
area:
A. The driving surface, including curbs and gutters, of all private roads serving more than one principal dwelling
unit and private primary access easement drives. The area of any other type of easement is not subtracted
from the net square footage of a lot;
B. The panhandle portion of panhandle lots;
C. Drainage tracts;
D. Common recreation facilities;
E. Public right-of-way, except dedications of additional right-of-way required as part of a land division approval
for street improvements or widening;
F. Critical areas and their buffers, except geologically hazardous slopes not associated with another critical area.
19.06.050 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, alleys 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. Comprehensive plan policy language which may designate a particular street as a “gateway” street;
19.06.060 Lot Requirements for Lots Created Through Land Division Process.
A. Minimum Lot Dimensions.
Except as provided in 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 panhandle portion of a panhandle lot may not be used for purposes of meeting this
requirement. For lots with vehicular access from a private access drive, the access drive and associated easement
are excluded from the calculation of lot width.
B. Lot shape
Irregularly shaped lots shall be prohibited unless approved by the director or through a unit lot land division. In
general, all lots shall be composed of straight lines which provide adequate building site and private rear yard area,
except as permitted in unit lot land divisions and binding site plans through review and approval of a site plan.
C. Other Lot Requirements.
1. Lot arrangement and design shall take into consideration, to the maximum extent possible, the natural
features of the site such as critical areas, parks, open space, and views. Each lot shall provide a suitable
building site and driveway access from existing or proposed streets.
2. Double frontage lots shall be avoided whenever possible.
3. Lots shall not, in general, access from arterial streets. Where driveway access from a street may be
necessary for several adjoining lots, the city may require that such lots be served by combined access
points and driveways designed or arranged so as to avoid requiring vehicles to back into traffic.
4. Through the unit lot land division or binding site plan process, the director may modify the Everett zoning
code requirements for individual lots for width, depth, area, frontage, setbacks and minimum building
site; provided, that Everett zoning code density standards are met for the total site.
5. Individual lots that take access from a cul-de-sac may be allowed a reduced frontage, but not less than a
minimum of twenty feet if the front setback is increased to thirty feet.
6. Minimum building site requirements. All new lots shall contain suitable area for a building footprint,
setbacks, access and off-street parking in accordance with the standards in this section. Additional open
space and design requirements may apply under EMC 19.08 depending on housing type.
a. Minimum building footprint area: 1,200 square feet, with a minimum dimension of 25 feet.
b. Setbacks: per underlying zone and Table 6-2.
c. Access and parking. Driveways and off-street parking shall be provided in accordance with Chapter
19.34 of this title.
D. Block length.
Blocks within a land division greater than 400 feet shall be avoided wherever possible.
E. Panhandle Lots.
The planning director and city engineer shall have the authority to allow panhandles lots, and may require an
easement rather than a panhandle configuration based on the maximum development potential of a site. In
subdivisions, panhandle shaped lots are restricted to sites that contain natural constraints such as topography
greater than fifteen percent or critical areas. In short subdivisions, panhandle shaped lots are permitted without
the above restrictions, provided all panhandle lots meet the following standards:
1. No panhandle shaped lot shall be permitted in short subdivisions where the ownership is common with a
contiguous property;
2. Side-by-side panhandle access drives in subdivisions or short subdivisions are not permitted;
3. Panhandle lot access drives are required to comply with the same standards applied to easement access
short subdivisions, including, but not limited to, road width and landscaping standards.
19.06.070 Minimum Lot Area—Averaging in Land Divisions.
In any formal subdivision within the R-S, R1 and R-2 zones and in short subdivisions the individual lots shall be
considered legal lots if the average of the areas of all lots meets the minimum requirement for the district in
which the land division 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 a 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 listed elsewhere
in this chapter 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 small lot single-family development standards of EMC 19.08.020 shall apply to single-family dwellings
on lots with less than 5,000 square feet created using the lot area averaging process;
6. Critical areas and buffers may not be used as credit for lots utilizing lot size averaging.
19.06.080 Land Divisions - Exceptions to Minimum Lot Area, Width, Depth, Frontage and Lot
Coverage.
Using the land division process in this Title (Chapters 19.24 through 19.27), certain types of applications may be
granted an exception to the lot standards in this chapter. The criteria for an exception depend on the type of land
division proposed, as follows:
A. Binding site plans involving nonresidential uses (or in commercial or industrial zones). Lots created through a
binding site plan are not required to comply with minimum requirements for lot area, width, depth of
frontage. Other zoning standards for open space and building perimeter landscaping, when required, shall not
be reduced under this exception and shall be based on the size of the originating parcel.
B. Unit lot developments involving a division of land – applicable to single-family detached uses.
1. Lots created through a unit lot land division process, including short subdivision, subdivision, or cottage
housing, may be granted an exception from the following requirements of this chapter:
a. Lot area; provided the overall density of the project complies with the underlying zoning
requirements (EMC 19.06) and Chapter 19.08.
b. Lot width;
c. Lot depth;
d. Interior side building setbacks, including zero lot line, provided that building construction shall
comply with all building and fire code requirements. Setback reductions along the exterior boundary
of the parent lot may not be granted.
e. Lot frontage;
f. Lot coverage; and
g. Minimum building site standards in this chapter.
2. Evaluation Criteria for Modification of Development Standards.
a. The director determines through review of a site plan the proposed project design will provide
adequate building sites, open space, parking and building setbacks;
b. The proposed unit design complies with the requirements of Chapter 19.08.020, “Small lot single-
family” development.
C. Subdivisions and short subdivisions – lot depth. Subdivisions and short subdivisions may request (REV II) a
reduction in lot depth. Such a reduction shall be limited to the following:
1. When the originating parcel meets the lot frontage and lot width standards of this chapter;
2. Exceptions that would allow any lot to be less than seventy feet shall not be granted.
3. The lot or lots shall meet all other requirements of this chapter and shall provide a suitable building site,
setbacks and off-street parking.
D. Division of land with more than one existing single-family dwelling on one lot. An exception to the lot area, lot
width, lot depth and setback standards may be granted (REV II) subject to the following minimum standards:
1. The existing structures shall be single-family dwellings in a single-family zone;
2. All lots and existing structures shall meet minimum fire safety and public utility standards, and minimum
maintenance standards as defined by the city;
3. All lots and existing structures shall provide for adequate off-street parking. When existing parking is
nonconforming, the division of land shall not result in off-street parking becoming more nonconforming;
and
4. All lots must have full frontage on a public street. The use of easement access, panhandle lot or alley
frontage is not permitted.
E. Dedication of public right-of-way. If a proposed land division requires a dedication of right-of-way for an
existing public street, one hundred percent of the dedicated area may be credited toward meeting the
minimum lot area of the proposed project. The applicant may be required to distribute the credit evenly
among all of the lots, rather than to apply all credit toward one lot. The planning director shall have the
authority to modify lot area, dimensional requirements and setbacks in applying this requirement through the
land division process. For single-family lots, no individual lot shall contain less than four thousand five hundred
square feet after the dedication, excluding access easements.
F. Transfer of Development Rights (TDR). Reductions in minimum lot size, lot width and lot depth may be granted
as part of a TDR in accordance with EMC Chapter 19.37.
19.06.090 Other administrative modifications of development standards.

A. Building setback modifications for single-family and two-family (duplex) uses on lots without frontage on a
public street.
1. An applicant may propose and the planning director, using the Review Process II described in EMC Title
15, may allow an applicant to deviate from the building setback standards in Table 6-2 in subsection
19.06.020 of this chapter, provided the proposal satisfies the evaluation criteria in EMC 15.02.
2. In evaluating such a proposal, the planning director, using the criteria, shall determine if the alternative
design or plan provides equivalent or superior results to that which would be required by compliance with
the development building setback requirements of this chapter.
B. Development standards that cannot be modified.
Any standard that is not specifically listed in this section for modification requests, or in section 19.06.080 of this
chapter, cannot be modified except as permitted in EMC 19.41.010 for variances.
19.06.100 Residential Densities – Multiple Family Uses.

A. Overview
Density means a ratio of dwelling units to lot area. Some residential developments are subject to minimum or
maximum density requirements, depending on location or housing type. Other development requirements, such as
maximum floor-to-area requirements, height and building coverage limits, building setbacks, and off-street parking
requirements, may affect density that can be achieved as well.
B. Minimum Density
In order to ensure efficient use of land within areas designated for multifamily residential development, a
minimum number of residential units is required as set forth in Table 6-6 below. These minimum residential
development requirements do not apply to lots within Everett’s historic overlay zones.
C. Maximum Density
The maximum density for multifamily residential development is set forth in Table 6-6 below.
Table 6 - 6: Residential Density

LI1
Standard UR3 UR4 NB B MU LI2 HI AG
3
Minimum # of (applicable only where
2 3 None residential occupies n/a None
Residential Units
more than 50% of gross
floor area)
None, (see
Maximum
exception in 1 unit per 500
residential None None n/a
subsection D s.f. of lot area
density below)
D. Density Limits in an Historic Overlay Zone

Residential development within a UR3 zone with an Historic Overlay (see EMC 19.28) shall not exceed one (1)
dwelling unit per 1,500 square feet of lot area (up to 29 dwelling units per acre).
19.06.110 Density and Lot Size – Attached Housing in Single-Family Zones.

A. Overview and applicability
Single-family, attached (townhouse) and duplex housing may be allowed in single-family (R-S, R-1, R-2 and R-2(A))
zones, subject to specific review processes set forth in EMC 19.05, review criteria in EMC 15.03, specific
performance and design standards found in EMC 19.08, and this section.
B. Density and Lot Size Requirements for Attached Housing in Single-Family Zones
1. Except for an attached accessory dwelling unit, which is subject to the requirements of EMC 19.08.100,
any attached housing is subject to the lot and density limits of this section.
2. See Table 6-7 below for maximum density and minimum lot size requirements in single-family zones. See
EMC 19.05 for permitted housing types EMC 19.08 for design and other standards for attached housing.
Table 6 - 7: Maximum density and minimum lot size for attached housing in single-family zones
Zone Maximum Density Minimum Lot Size
No lot shall have an area less than four thousand (4,000)
1 unit per 9,000 sq. ft.
R-S square feet except that lots with alley access can have
of lot area
three thousand (3,000) square foot lots.
Each lot may be less than six thousand (6,000) square feet;
R-1 provided, that twelve thousand (12,000) square feet is
of lot area
provided for both dwelling units
The minimum lot area for a two-unit dwelling is 7,500
R-2 square feet; there is no minimum lot area for individual
of lot area
lots within the development
The minimum lot area for the development is 9,000 square
R-2(A) feet; there is no minimum lot area for individual lots within
of lot area
the development
Chapter 19.08 Residential Uses and Development Standards
Table of Contents
CHAPTER 19.08 RESIDENTIAL USES AND DEVELOPMENT STANDARDS ............................................................................... 1
19.08.010 GENERAL OVERVIEW. .............................................................................................................................. 1
19.08.015 DEFINITIONS. ........................................................................................................................................ 1
19.08.020 SMALL LOT SINGLE FAMILY. ...................................................................................................................... 2
19.08.030 TOWNHOUSE AND DUPLEXES. .................................................................................................................. 2
19.08.040 DESIGN STANDARDS FOR TOWNHOUSES AND DUPLEXES. ................................................................................ 4
19.08.050 FRONT PORCH AND ENTRANCE REQUIREMENTS. .......................................................................................... 6
19.08.060 GARAGE REQUIREMENTS. ........................................................................................................................ 8
19.08.070 COTTAGE HOUSING. ............................................................................................................................... 9
19.08.100 ACCESSORY DWELLING UNITS. ................................................................................................................ 10
19.08.110 RESIDENTIAL ACCESSORY BUILDINGS. ....................................................................................................... 12
19.08.120 HOME OCCUPATIONS. .......................................................................................................................... 13
19.08.125 LIVE/WORK UNITS. ............................................................................................................................... 14
19.08.130 BOARDING AND ROOMING. .................................................................................................................... 14
19.08.135 REASONABLE ACCOMMODATION. ........................................................................................................... 15
19.08.140 BED AND BREAKFAST HOUSE. .................................................................................................................. 16
19.08.150 SHORT-TERM RENTALS. ........................................................................................................................ 16
19.08.200 GROUP HOUSING, TEMPORARY SHELTERS................................................................................................. 16
19.08.210 MANUFACTURED HOMES, MOBILE HOMES, TINY HOMES AND RECREATIONAL VEHICLES. ..................................... 20
19.08.220 SECURE COMMUNITY TREATMENT FACILITIES. ........................................................................................... 21
19.08.300 ADMINISTRATIVE MODIFICATION OF DEVELOPMENT STANDARDS. ................................................................. 21
19.08.400 DESIGN REVIEW. .................................................................................................................................. 22
19.08.500 AUTHORITY OF PLANNING DIRECTOR. ...................................................................................................... 22
19.08.010 General overview.

This chapter addresses:
A. Development standards for small lot development;
B. Development standards for multi-unit residential uses within the R-S, R-1, R-2 and R-2A zones;
C. Front porch and entrance requirements for: 1) residential dwellings provided front or side-street setback
exceptions; 2) small lot single-family development; 3) two to four-unit dwellings in the R-S, R-1, R-2 and R-2A
zones; 4) cottage housing; or 5) any dwelling within an historic overlay zone; and
B. Development standards for cottage housing, accessory dwelling units, residential accessory buildings, home
occupations, boarding and rooming, bed and breakfast houses, short-term rentals, group housing and
temporary shelters, secure community transition facilities, manufactured home and RV parks, and reasonable
accommodation.
C. For residential development standards in the UR3 or UR4 zone, or multifamily in Commercial or Industrial
zoning districts, please see EMC 19.09.
The following definitions are used within this chapter. For additional definitions, please refer to EMC 19.04.
Ch. 19.08, Residential Development Standards 1 Planning Commission Recommendation (09/08/20)

A. “Street-facing dwelling unit façade”, means a ground or first floor of a dwelling unit façade facing, and within
thirty (30) feet, of a front or side-street lot line on a public street.
B. “Townhouses”, also called ”single-family, attached”, are buildings joined at the side by a common wall. Each
dwelling has up to two or three stories and no dwellings are placed over another. Each dwelling has individual
and direct pedestrian access to the street and typically contains some private open space in the front and
back. A development of townhouses could include two units attached (see EMC 19.05 “Dwelling, 2-unit”) or
multiple units attached. This chapter places limits on how many may be attached in the R-S, R-1, R-2 and R-2A
zones.
C. “Duplex” contains two dwelling units (see EMC 19.05 “Dwelling, 2-unit”), but unlike a townhouse, a duplex
could be two units on separate floors (upper unit and lower unit) or two units joined at the side.
D. “Floor area ratio”, or “FAR”, means a measure of development intensity which is the gross floor area (square
footage of the total floor area except parking areas) divided by the lot area. For purposes of this chapter, gross
floor area excludes 1) any basement that is more than seventy-five percent (75%) below natural grade and 2)
up to 240 square feet of unenclosed porches.
19.08.020 Small lot single family.

Single-family dwellings to be built on lots having less than five thousand (5,000) square feet in any zone shall meet
the development standards contained herein. It is the intent of these development standards that single-family
dwellings on small lots be compatible with neighboring properties, friendly to the streetscape, and in scale with
the lots upon which they are to be constructed. The planning director is authorized to promulgate guidelines,
graphic representations, and examples of housing designs and methods of construction that do or do not satisfy
the intent of these standards.
A. Floor to Area Ratio (FAR). Gross floor area of the dwelling, excluding the garage, shall not exceed fifty percent
(0.50 FAR) of the lot area. An additional 0.15 FAR is allowed for detached accessory structures on lots.
B. A dwelling shall meet the front porch and entrance requirements set forth in EMC 19.08.050.
C. Any garage shall meet the garage requirements set forth in EMC 19.08.060.
19.08.030 Townhouse and Duplexes.

A. Intent, Applicability and Authority
1. Intent. The intent of the standards in this section is to ensure
compatibility of townhouse or duplex units into neighborhoods with
predominantly detached single family homes.
2. Applicability. The standards in this section address townhouse or
duplex units when proposed in single family zones (R-S, R-1, R-2 and
R-2A). For this housing type in other zones, please refer to the
multifamily development standards in EMC 19.09. Figure 8-1: Example of single family,
3. Authority. The planning director or review authority is authorized to attached
condition projects to ensure compatibility.
B. Where Allowed, Density, FAR and Open Space Standards
1. Townhouses and duplexes are allowed within the R-S, R-1, R-2 and R-2A zones as set forth in Table 8-1
below. Standards for ownership, density, floor area ratio (FAR), open space and heights are also included
within the table. See subsection (C) below or design standards in Section 19.08.040 for additional
requirements.

Table 8-1: Townhouse or Duplex, Review Process in Single Family Zones
2-unit townhouse
Zone or duplex 3- to 4-unit townhouse
a) Review Process III
b) Ownership opportunity must be
created (e.g. condominium or unit-lot
subdivision)
R-S c) Maximum density and Minimum Lot Not permitted
Area: see EMC 19.06
d) FAR: Maximum 0.5
e) Open Space: 250 sq. ft. per unit
f) Height: see EMC 19.22
a) Review Process I
b) Allowed only when each dwelling unit
may be owner-occupied, as provided
through zero lot line subdivision, not permitted
R-1
condominium, or residential binding
site plan.
c) Maximum density and minimum lot
area: see EMC 19.06.
a) Review Process I
R-2 b) Maximum density and minimum lot not permitted
area: see EMC 19.06.
a) Review Process I
b) Ownership opportunity must be
created (e.g. condominium or unit-lot
a) Review Process I subdivision)
R-2(A) b) Maximum density and minimum lot c) Density: 1 unit per 2,900 sq. ft. of lot
area: see EMC 19.06. area
d) FAR: Maximum 0.5
e) Open Space: 250 sq. ft. per unit
f) Height: see EMC 19.22
2. This housing type is not allowed on easement or panhandle lots unless the city’s fire marshal, city
engineer and planning director approve access, off-street parking and fire protection requirements.
C. General Standards
Townhouses and duplexes within the R-S, R-1, R-2 and R-2A zones are required to meet the following
standards.
1. Alley access is required if available.
2. See EMC 19.08.040 for Design Standards and Guidelines.
3. Front porch and main entrance. Dwellings must meet the front porch and entrance requirements set forth
in EMC 19.08.050.
4. See EMC 19.08.060 for garage requirements.
5. See EMC 19.22 for maximum height requirements.
6. See EMC 19.06 for building placement and setback requirements.
7. See EMC 19.35 for landscape requirements

19.08.040 Design standards for townhouses and duplexes.
A. Applicability
The design standards in this section apply to the 2- to 4-unit townhouse or duplex housing types in the R-S, R-1, R-
2 and R-2A zones.
B. Site Design
1. Design sites to have both an external orientation to the streetscape and an internal orientation to the
residential environment with unifying open space and pedestrian pathways.
2. Design emphasis should be given to the pedestrian, rather than the auto environment through placement
of parking in a less prominent location.
3. Vehicular access and parking must be from an alley if one is available.
4. No more than one street access point for every two (2) units is allowed, unless on a corner lot.
C. Facades, Separation, Roofs and Transparency Figure -8-2: Facades of units distinct
1. Facades
a. Façades of attached residences within the same
project should be distinct and even different, but
also should maintain unifying compositional
elements such as a common window header or sill
line, and/or aligned vertical centerlines of
windows and doors between upper and lower
floors. See Figure 8-2.
b. Facades for each dwelling unit must include at
least two (2) of the following architectural
elements: (1) horizontal modulation (upper level
step-backs of at least two (2) feet), (2) bay, bow, or
garden windows, (3) building ornamentation such as a Figure 8-3: Facade architectural elements
frieze, or (4) other architectural element the planning
director determines accomplishes the intent. See Figure 8-
3.
c. Attached dwelling units need to employ one of the
following methods of vertical modulation:
i. Setback variation between dwelling units, with no
more than two (2) adjacent dwelling units having the
same setback. The setback between units needs to be
at least one (1) foot. (See Figure 8-4.)
ii. Vertical modulation within each dwelling unit. (See
Figure 8-5.)

Figure 8-4: Example of setback variation between units Figure 8-5: Example of vertical modulation within unit
t
2. Roofs.
a. Roof forms should complement neighboring properties. For example, if gables with pitches greater
than 3 in 12 is the most prominent local roof form, then the proposed building should include a gable
roof form with similar slope, unless there is a compelling reason (e.g., a green roof) to the contrary.
b. Roofs must incorporate architectural elements in roof forms, such as vertical or horizontal changes in
rooflines; varied roof forms; dormers; deep roof overhangs (more than 24”); rafter tails, brackets,
corbels, or other decorative supports; and/or prominent cornice, soffit, or fascia details.
c. For 2-unit buildings, the predominant roof pitch must be the same, with roof eaves projecting the
same distance from the building wall for each dwelling unit.
3. Building Separation. Where the density of the zone allows more than one building to be developed on a
lot, a minimum separation of ten (10) feet, not including eaves or other building appurtenances, is
required between buildings.
4. Exterior stairs. Fire escapes and exterior stairs providing access to an upper floor are not allowed on any
façade that faces a street.
5. Transparency. At least 15 percent (15%) of the area of each street-facing façade must be windows or main
entrance doors. Windows used to meet this standard must allow views from the building to the street.
Glass block does not meet this standard. Windows in garage doors do not count toward meeting this
standard.
D. On-Site Open Space
1. General Requirements
a. The amount of open space required per unit is shown in Table 8-1 in EMC 19.08.030.B.
b. On-site open space may be private or common open space.
c. Required front and side street (corner) setbacks and driveways shall not be included in the open
space calculation.
d. Common open space may include:
i. Interior side setback areas which are contiguous with other on-site common open space areas;
ii. Rear setback areas which are contiguous with other on-site common open space areas and which
are not part of a street side setback area on corner lots.
e. Required landscaping or critical area buffers without common access links such as pedestrian trails,
do not count toward required open space.
f. Open space areas shall not be used for or occupied by driveways, parking, service areas, or any other
vehicular use.
g. Plans for open space shall be approved by the city.
2. Minimum Size Standards.

a. Private open space shall be a minimum of 10 feet in any direction, no less than 100 square feet in
area. A rear or side yard, which is part of a required setback area, may be counted toward this
requirement if it meets the minimum dimensions.
b. Common open space shall be a minimum of 20 feet in any direction, no less than 400 square feet in
area.
3. Where Located.
a. Private open space on the ground shall be located to the rear of the unit.
b. Each unit should have direct access to on-site open space without travel through parking areas or
other open space areas of other units.
c. A private deck, porch, balcony, patio, or roof garden may be counted towards the open space
requirement provided it has a minimum dimension of 6 feet in any direction.
4. Design Standards.
a. Open space areas shall be developed with lawn, landscaping, usable active or passive recreation
areas, courtyards, seating and walkways.
b. Bark or gravel covering of required common open space areas shall not exceed ten percent.
c. Pavement covering of open space areas shall be limited to active recreation surfaces, walkways, and
courtyard areas.
E. Landscaping/Screening
1. See EMC 19.35 for landscaping and street tree requirements.
2. Screening of waste containers from view of neighboring properties is required.
19.08.050 Front Porch and Entrance Requirements.

A. Where Applicable
The standards in this section apply to any dwelling within thirty (30) feet of a front or side-street lot line along a
public street and as required in Table 8-2 below:
Table 8-2: Front Façade and Entrance Applicability

Single-Family Zones
Use (R-S, R-1, R-2, R-2A) UR3 UR4
Any residential dwelling provided a
front or side-street setback exception X X X
(see EMC 19.06.030)
Small lot (4,500 sq. ft. or less) single-
family dwelling X n/a n/a
Two-family dwelling unit X n/a n/a

Three- or four-family dwelling X n/a n/a
Cottage housing n/a X n/a
Any dwelling within an historic overlay
zone X X X
B. Main Entrance
1. At least one main entrance must be located within eight feet (8’) of the street facing façade. (See Figure 8-
6.)
2. The entrance must open onto an unenclosed porch that is at least 36 square feet in area.
3. The main entrance to each dwelling unit shall be on the ground floor.
4. For two-family units allowed on corner lots in the R-S, R-1 or R-2 zones, each entrance must be oriented
towards a separate street frontage and have its own address.
5. For two- to four-family units, one main entrance with internal access to units is allowed.

6. Fire escapes and exterior stairs providing access to an upper level are not allowed on any street facing
façade.
Figure 8-6: Main Entrance Requirements
C. Porch Requirements
Porches, where required by this chapter or title, shall meet the following requirements:
1. A weather-protective roof is required above the main entrance and required porch.
2. Porches must meet the setback requirements unless otherwise excepted pursuant to EMC 19.06.030.
3. Porches shall meet the standards set forth in Table 8-3 below and illustrated in Figure 8-7.
Table 8-3: Front Porch Requirements

Standard Figure Porch
Width, minimum A 6 feet
Width, maximum None
Depth, minimum B 6 feet

Depth, maximum B None
Height, minimum C 8 feet
Height, maximum 1 floor
Finish level above 18 inches, minimum
D
average grade 42 inches, maximum

Figure 8-7: Front Porch Requirements
19.08.060 Garage Requirements.

A. Where Applicable
The standards in this section apply as set forth in Table 8-4 below:
Table 8-4: Garage Requirements, Where Applicable

Single-Family Zones Multifamily Zones
Use (R-S, R-1, R-2, R-2A) (UR3 & UR4
Any residential dwelling provided a
front or side-street setback exception X X
(see EMC 19.06.030)
Small lot (4,500 sq. ft. or less) single-
family dwelling X n/a
Two-family dwelling unit X n/a

Three- or four-family dwelling X n/a
Any dwelling within an historic overlay
zone X X
B. Garage Setbacks and Lengths
The purpose of these standards is to encourage residential character and lessen the visual prominence of garages
along street frontages where applicable.
1. See EMC 19.34 for access and driveway requirements, including the requirement to obtain access from an
alley if available.
2. Except along alleys, all garage wall façades facing the street shall be set back a minimum of five (5) feet
behind the front wall of the primary building mass.
3. The length of the garage wall façade facing the street may be up to 50 percent of the length of the street-
facing dwelling unit façade, except that a garage wall façade set back a minimum of 20 feet behind the

front façade of the dwelling unit is allowed a two-car wide garage façade of up to 20 feet. (See Figure 8-8
below.)
4. Where the street-facing façade of the dwelling unit is less than 22 feet in length, an attached garage is
prohibited as part of that façade.
Figure 8-8: Garage Setbacks and Lengths
19.08.070 Cottage Housing.

Cottage housing is a cluster of small detached dwelling units around a
common open space.
A. Intent
1. To provide an opportunity for small detached housing types
clustered around an open space.
2. To provide centrally located and functional common open
space that fosters a sense of community.
3. To provide semi-private areas around the individual dwellings
to enable diversity in landscape design and foster a sense of
ownership.
4. To ensure minimal visual impact from vehicular use and
storage areas for residents of the cottage housing
development as well as adjacent properties, and to maintain
a single-family character along public streets.
Figure 8-9: Example cottage housing with
B. Standards and Guidelines parking off the alley
1. The standards for cottage housing are pursuant to Table 8-5 below:
Table 8-5: Cottage Housing Standards

Standard Requirement
1) Density: 1 unit per 1,500 square feet
2) Maximum Gross Floor Area (dwelling): 1,500 square feet per dwelling
3) Maximum Gross Floor Area for Ground
800 square feet per dwelling
or Main Floor:
250 square feet per dwelling (see subsection 2 of
4) Minimum Common Open Space:
this section)

Standard Requirement
200 square feet per dwelling (see subsection 3 of
5) Minimum Private Open Space:
this section)
25 feet subject to all parts of the roof above 18
6) Maximum Height:
feet shall be pitched
Same as other residential uses in the respective
7) Setbacks (to exterior property lines):
zoning district
8) Minimum Distance Separating
Structures (including accessory 10 feet
structures):
9) Minimum Off-Street Parking Spaces: See EMC 19.34
Developments shall contain a minimum of 4 and
a maximum of 12 dwellings located in a cluster
10) Clustering Groups: group to encourage a sense of community
among the residents. A development site may
contain more than one cluster.
2. Common Open Space Requirements

a. Shall abut at least fifty percent of the cottages in a cottage housing development.
b. Shall have cottages abutting on at least two sides of the common open space.
c. Cottages shall be oriented around and have an entry facing the common open space.
d. Cottages shall be within sixty feet walking distance of the common open space.
3. Required private open space shall be adjacent to each dwelling unit and for the exclusive use of the
cottage resident(s). The private space shall be:
a. Usable (not on a steep slope).
b. Oriented toward the common open space as much as possible.
c. No dimension less than ten feet.
4. Cottage facades facing the common open space or common pathway shall feature a roofed porch at least
eighty square feet in size with a minimum dimension of six feet on any side.
5. Parking shall be:
a. Located on the same property as the cottage development.
b. Screened from public streets and adjacent residential uses by landscaping or architectural screening.
c. Located in clusters of not more than five adjoining spaces (except where parking areas are adjacent
to an alley).
d. Prohibited in front and interior yard setback areas.
6. A cottage housing development shall be designed to be visually and aesthetically compatible with the
neighborhood. Consideration shall be given to review of proposed building materials, roof pitches,
building forms, landscaping and open space in the approval process. The city may condition the project to
address compatibility with adjoining neighborhood.
19.08.100 Accessory Dwelling Units.

The regulations in this section shall apply to accessory dwelling units (ADUs), whether attached or detached to a
single-family housing unit, duplex, triplex or townhome. The term “ADU” as used in this section shall apply to
either attached or detached accessory dwelling units. The term “DADU” as used in this section shall apply only to
detached accessory dwelling units. In the event there is a conflict between the provisions of this section or any
other provision of the EMC, the provisions of this section shall control.
A. General Standards
The following table is a summary of the standards required for ADUs in the single-family (SF) zones (R-S, R-1, R-2,
R-2A), and within the UR3 zone if within an area designated as an Everett Historic District or Historic Overlay:

Table 8-6: ADU Standards
Subject Standard
a) R-S, R-1, and R-2 zones: One of the units must be owner-occupied
1) Owner Occupancy:
b) Other zones: Owner occupancy not required
a) No minimum lot size required
2) Lot Requirements: b) Only one ADU per lot
c) An ADU may not be segregated from ownership of the principal dwelling
a) Single-family dwelling unit. An ADU attached or detached from a single-
family dwelling unit shall not exceed a gross floor area the lesser of 1)
15% of the total lot area; 2) 1,000 square feet; or 3) the principal
dwelling’s building footprint.
3) ADU size: b) Duplex, triplex or townhome. An ADU attached or detached from a
duplex, triplex or townhome shall not exceed a gross floor area the lesser
of 1) 7.5% of the total lot area; 2) 1,000 square feet; or 3) 37.5% of the
gross floor area of the dwelling; provided, however, that an ADU is
permitted to be no less than 440 square feet.
a) See applicable zone (EMC 19.06)
b) An increase of five percent (5%) may be allowed, using Review Process I,
4) Lot Coverage:
if necessary to allow a DADU on an existing developed lot that meets all
other requirements of this section.
5) Maximum height: See EMC 19.22
6) Setbacks: See EMC 19.06
7) Vehicle access: See city standards in EMC Title 13 and EMC 19.34
Any ADU located within an Historic Overlay zone must also comply with the
8) Historic Overlay: design requirements of the historic overlay and be reviewed by the city’s
Historical Commission with a recommendation to the planning director
B. Design Standards
An ADU shall meet the design standards in this section. The planning director shall consider the impact that any
requested modification will have on abutting properties in terms of aesthetics, privacy, view impacts, and
compatibility with the character of other dwellings.
1. Attached ADUs. The appearance and character of the dwelling shall be maintained when viewed from the
surrounding neighborhood.
a. Single -family (1-unit) and Townhouse dwellings. Only one entrance to the residential structure may
be located on any street side of the structure; provided, however, that this limitation shall not affect
the eligibility of a residential structure which has more than one entrance on the front or street side
on the effective date of the ordinance codified in this section.
b. Duplex and Triplex (2- and 3-unit) dwellings. Any ADU attached to a 2- or 3-unit dwelling shall comply
with the front porch and entrance requirements set forth in EMC 19.08.050.
2. Historic Overlay Zones. On lots located in the historic overlay zone, an attached ADU shall comply with the
standards of subsection 1 (above) of this section. A DADU shall comply with the development and design
standards of the H overlay zone.
3. Detached ADUs. The planning director shall promulgate a design manual of examples and best practices
for the design of DADUs and compatibility with the surrounding neighborhood. The city shall have the
authority to require changes to the design of a DADU that is not consistent with best practices identified
in the design manual. In addition:
a. The DADU shall be designed to give the appearance that it is secondary to the principal dwelling.
b. Siding, roofing, windows and building trim materials shall visually match those used on the principal
dwelling.
c. The roof pitch shall be similar to the predominant roof pitch on the principal dwelling.

C. Owner Occupancy, When Required
1. Either the principal dwelling unit or the ADU shall be occupied by the owner of the property as his or her
principal residence when located within the R-S, R-1, or R-2 zones.
2. When required, prior to issuance of a permit for an accessory dwelling unit, the property owner shall
submit to the city a signed affidavit affirming that the owner occupies the principal dwelling as his or her
principal residence and will occupy either the principal dwelling or accessory dwelling after completion of
the accessory dwelling unit.
3. When required, the owner shall record a covenant with the Snohomish County auditor, approved by the
director, that shall run with the land as long as the ADU is maintained on the property. The property
owner shall submit proof that the covenant has been recorded with the Snohomish County auditor’s
office prior to issuance of the building permit.
4. When required, the property owner shall certify to the city no later than April 1st of each year that the
owner occupies one of the dwellings as his or her principal residence. Any person who fails to report or
falsely certifies that he or she resides in a dwelling unit at the stated address shall be subject to the
enforcement and penalty provisions of Chapter 1.20.
D. Modification of Standards
A property owner may request that the planning director modify the design standards, using Review Process II as
set forth in Title 15 and criteria set forth in EMC 15.03.
19.08.110 Residential Accessory Buildings.

The following requirements apply to all buildings which are accessory to residential uses in the R-S, R-1, R-2, or R-
2A zones:
A. Accessory buildings or uses may not be established until the principal dwelling or dwellings are constructed on
the lot.
B. Use of Accessory Buildings
1. Detached accessory buildings are limited to accessory uses.
2. The following spaces are allowed within a detached accessory building: bathrooms, hobby rooms, home
occupations, home offices, recreation rooms, or laundry rooms. The following rooms are not allowed in
accessory buildings: bedrooms, dining rooms, or kitchens. (See Section 19.08.100 regarding accessory
dwelling units.)
C. General Standards
The following table is a summary of the standards required for residential accessory buildings.
Table 8-7: Residential Accessory Building Standards

Subject Standard
a) The footprint shall not exceed the lesser of 1) 15% of the total lot area;
2) 3,000 square feet; or 3) the dwelling’s building footprint.
I. Exceptions for attached garage. An attached garage constructed as
an integral part of the dwelling is not included in this limitation.
“Integral” means that at least two sides, or a side and ceiling of the
garage abuts habitable space of the dwelling.
1) Maximum Size: II. Porches. Any porch, including any covered decks or patios which are
an integral part of the porch are not considered an accessory
building and subject to these provisions. See EMC 19.06 for lot
coverage requirements.
III. Exceptions for other structures. Up to 200 square feet of the
following accessory buildings or structures are not included in the
size calculations above: child’s playhouse or treehouse, play

Subject Standard
structure, gazebo, doghouses, patio or garden trellis. This exception
does not include sheds or other storage buildings.
b) A detached accessory building(s) shall be compatible with the dwelling
including roof pitch and building materials.
c) If the city finds that the impacts of accessory buildings which are larger
than 1,000 square feet will create noise, vibrations or impact privacy to
adjoining properties in excess of what a smaller accessory building
would create, the city shall have the authority to impose greater setback
requirements, landscape buffers, or other requirements as necessary to
mitigate the impacts.
d) If the principle use is a housing type with maximum floor-to-area ratios
(FAR), please see FAR limits that may affect the size of residential
accessory buildings.
a) Any accessory residential structure located within the rear setback area
required for a principal dwelling shall have a minimum separation from
2) Setbacks, front and
the principal dwelling of ten (10) feet, not including eaves or other
side street:
building appurtenances.
b) See EMC 19.06
3) Maximum height: See EMC 19.22
a) Metal siding or corrugated metal roofing material shall be prohibited on
all accessory buildings with a gross floor area larger than two hundred
square feet, unless materials similar in appearance are used in the
4) Design Standards: majority of the principal building or if approved by the planning director.
b) The planning director, using the review process described in Title 15,
Local Project Review Procedures, may allow accessory buildings with
metal siding or corrugated metal roofing.
Structures that are covered or partially covered with tarps, fabric, metal,
plastic or any other similar type of materials shall:
a) Be prohibited between any portion of the principal building and abutting
streets. This prohibition shall apply to any area of the lot that is located
between the street and a line that is parallel to the street and extended
5) Temporary Covers:
from any facade of the principal building that faces the street to the side
lot line(s), or to the rear lot line on the street side of a corner lot; and
b) Be immediately removed or repaired in the event of disrepair or in the
event of damage caused by weather, fire, collision, accident or other
forms of damage.
Shipping containers or other similar storage units do not qualify as accessory
6) Shipping Containers
buildings under this section and shall be prohibited in residential zones.
19.08.120 Home Occupations.

A. Home occupations may be permitted in any residential zone provided such home occupations comply with the
requirements of the zone in which the property is located and the following requirements:
1. Home occupations shall not occupy more than twenty-five percent of the total floor area of the residence,
or six hundred square feet, whichever is less. Home occupations carried on within a dwelling shall be
provided access to the work space through the dwelling only, with no direct access to the outside;
2. The occupation shall be carried on entirely within a residence or accessory building by the occupant
thereof;
3. The home occupation may be located in the principal dwelling or in the accessory structure. If located in
an accessory structure, the following regulations shall apply:

a. The area devoted to the occupation, as described in subsection (A)(1) of this section, shall be based
upon the floor area of the dwelling only, and
b. Access to the work space may be directly from the outside;
4. No noise, dust, smoke, light, glare or odor shall be emitted other than is commonly associated with a
residential use;
5. The occupation shall be conducted in such a manner as to give no outward appearance of a business nor
manifest any characteristics of a business;
6. Occupations which shall be prohibited as home occupations include, but are not limited to:
a. Veterinarians,
b. Clinics,
c. Auto repair,
d. Auto sale,
e. Barber/beauty shops,
f. Real estate offices,
g. Offices with client visits,
h. Retail sales, on premise,
i. Any use of a nature which is similar to those listed in this chapter or which creates impacts on
surrounding properties which are similar to those created by the uses listed herein;
7. There shall be no person other than a resident of the dwelling employed on the premises;
8. If the occupation is the type in which classes are held or instruction is given, there shall be not more than
five students allowed in any one class or instruction period. Classes shall not exceed a total of twenty
hours in any week;
9. No stock in trade shall be sold or displayed on the premises, and no equipment or materials shall be
stored on any outdoor portion of the premises;
10. Parking of student, client or employee vehicles shall not create any hazard or congestion;
11. No receipt or delivery of products shall be permitted except as is commonly anticipated in residential
areas. Commercial vehicle deliveries shall not exceed two per week. The gross vehicle weight of delivery
vehicles shall not exceed eighteen thousand pounds;
12. No signs shall be allowed for home occupations; and
13. Home occupations shall comply with all other local, state and federal regulations pertinent to the activity
pursued, and the requirements of or permission granted by this section shall not be construed as an
exemption from such regulations.
B. Any person engaging in a home occupation shall register as a business with the city treasurer’s office and shall
be subject to the city business and occupations tax.
C. Garage sales shall not be considered to be a home occupation.
19.08.125 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.
19.08.130 Boarding and rooming.

In the R-S, R-1, R-2 or R-2A zones, rental of rooms for lodging is limited to two roomers. There shall be no separate
kitchen facilities in rented rooms.

19.08.135 Reasonable Accommodation.
A. Overview
This section establishes the application and review procedures by which the City will fulfill its obligations under the
federal Fair Housing Act (FHA) and other federal or state laws.
1. The federal Fair Housing Act (FHA) requires local governments to make reasonable accommodations in
the application of zoning regulations when such accommodations are necessary to afford a disabled
individual an equal opportunity to use and enjoy a dwelling. The City is required to consider requests for
reasonable accommodation. In addition, other state and federal laws prohibiting housing discrimination
may apply under certain circumstances.
2. In the event that a waiver or modification of zoning regulations in a given situation is required by a law
other than the FHA, such waiver or modification shall be requested and reviewed using the procedures
established in this section.
B. Application Requirements
1. Requests for reasonable accommodation shall be submitted to the planning director, along with any
applications fees required pursuant to EMC 16.72, if any.
2. The request shall include information as determined necessary by planning director to make a
determination whether reasonable accommodation should be approved. Unless waived by the planning
director, the applicant shall submit the following information:
a. Name of property owner(s).
b. The specific modification(s) of the Zoning Code requirements requested in order to allow the
reasonable accommodation.
c. The nature of the disability or disabilities of the individual(s) for whom the accommodation is
requested, and an explanation why the specific accommodation is necessary based on the disability.
d. Such other information as may be determined by the planning director following either a pre-
application meeting or review of a request for reasonable accommodation.
C. Planning Director Approval
1. The following shall be taken into consideration in whether to approve a request for reasonable
accommodation:
a. Whether any adverse impacts would happen if the request for reasonable accommodation is
approved based on the size of the dwelling and lot, traffic and parking conditions on the lot and in the
surrounding area including streets, anticipated vehicle usage by residents and visitors, and any other
circumstances the planning director determines relevant to determine adverse impacts.
b. The applicant’s need for accommodation in light of the anticipated land use impacts.
2. If handicap eligibility and need for accommodation are demonstrated, the planning director shall approve
an accommodation, unless the requested accommodation would make a dwelling available to an
individual whose tenancy would constitute a direct threat to the health or safety of other individuals or
whose tenancy would result in substantial physical damage to the property of others.
3. Any decision to grant reasonable accommodation apply specifically to the property identified in the
decision, and may not be transferred to any other property.
D. Other Provisions
1. Approval of reasonable accommodation permits a dwelling to be inhabited only according to the terms
and conditions of the applicant’s proposal and the Director’s decision.
2. If the planning director determines that the accommodation has become unreasonable because
circumstances have changed or adverse land use impacts have occurred that were not anticipated, the
planning director shall rescind or modify the decision to grant reasonable accommodation.

3. Eligibility for a reasonable accommodation under the Fair Housing Act does not relieve the owner,
applicant and residents from the obligation to comply with all building, fire, land use and all other
standards and regulations applicable under local, state and federal laws.
4. Any decision on a request for accommodation is unique to the specific circumstances related to the
individual request and location. A decision issued for a specific property shall not establish a precedent
that would be applicable to any other request for accommodation.
19.08.140 Bed and breakfast house.

The following standards apply to a bed and breakfast house located in a Residential or Agricultural zone.
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. In considering an application for a bed and breakfast house, 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.
19.08.150 Short-Term Rentals.

A. Short-term rentals are the use of an entire dwelling unit by any person or group of persons to occupy for rent
for a period of less than thirty consecutive days. Short-term rentals do not include bed and breakfast inns,
hotels and motels.
B. License Required. A City business license is required to operate a short-term rental. No more than two short-
term rental sites may be operated by any individual, marital group, a group of people, or a corporate entity
such as an LLC, within the City.
C. Location. A short-term rental use may be located in a dwelling unit or an accessory dwelling unit. See EMC
19.08.100 for applicable accessory dwelling unit requirements, including owner-occupancy if applicable.
D. Number of Guests. The total number of residents and guests occupying a dwelling unit may not exceed eight
(8), including any site with an accessory dwelling unit.
E. Signs. No signs identifying the use as a short-term rental are permitted.
F. Off-Street Parking. The short-term rental shall have no less than three (3) off-street parking spaces for any site
with on-street parking in front of the site, and no less than four (4) off-street parking spaces for any site
without on-street parking in front of the site.
19.08.200 Group Housing, Temporary Shelters.

Group housing, temporary shelters shall be subject to the requirements of this section.
A. Applicability.
1. This section applies to the following “group housing, temporary shelters”:
a. Outdoor encampments, including any temporary tent or structure encampment, or both, and
“temporary” meaning not affixed to land permanently and not using underground utilities;
b. Temporary safe parking areas; or

c. Temporary tiny home communities.
2. This section shall not apply to:
a. “Emergency or disaster” situations as defined by RCW 38.52.010(9); provided, however, that the
inability of a sponsor or managing agency to locate a site shall not be deemed to constitute an
emergency or disaster.
b. Placement of a “tiny house” or a “tiny house with wheels” used as a primary residence in a
manufactured/mobile home community, provided that each tiny house contains at least one internal
toilet and at least one internal shower or the manufactured/mobile home community provides for
the toilets and showers.
B. Standards for temporary outdoor encampments, safe parking areas or tiny home communities
1. Applicability. These standards apply to any temporary outdoor encampment, safe parking area or tiny
home community, hereinafter referred to as “temporary encampments”, meeting the frequency and
duration standard in subsection B2 below.
2. Frequency and Duration.
Temporary outdoor encampments may be approved for a period not to exceed four consecutive months
or six months during any calendar year, provided however, that a separation of ninety days between
subsequent or established outdoor encampments at a particular site is required. The temporary use
permit shall specify a date by which the use shall be terminated.
3. Encampment management responsibility plan. Prior to or upon filing their land use application, the
managing agency and sponsor shall prepare an encampment management responsibility plan, which shall
be included with their permit application.
4. Safe Parking for Religious Organization. Pursuant to RCW 35.21.915, a regional organization may host safe
parking efforts at its on-site parking lot without limitations on any other congregationally sponsored uses
and the parking available to support such uses during the hosting, except for limitations as follows:
a. No less than one (1) space may be devoted to safe parking per ten (10) on-site parking spaces;
b. Restroom access must be provided either within the buildings on the property or through use of
portable facilities, with the provision for proper disposal of waste if recreational vehicles are hosted;
and
c. Religious organizations providing spaces for safe parking must continue to abide by any existing on-
site parking minimum requirement so that the provision of safe parking spaces does not reduce the
total number of available parking spaces below the minimum number of spaces required by EMC
19.34.
5. Temporary tiny home communities. In addition to other provisions of this section, the following
requirements must be met for a temporary tiny home community:
a. The review authority may impose a maximum unit square footage of one hundred twenty (120)
square feet, with units set at least six (6) feet apart;
b. Electricity and heat, if provided, must be inspected and approved by the city’s building official;
c. Space heaters, if provided, must be approved by the city fire marshal;
d. Doors and windows must be included and be lockable;
e. Each unit must have a fire extinguisher;
f. Adequate restrooms must be provided, including restrooms solely for families if present, along with
handwashing and potable running water to be available if not provided within the individual units,
including accommodating black water; and
g. The review authority may recommend that the organization partner with the regional homeless
service providers to develop pathways to permanent housing.
6. Setbacks.
a. The temporary encampment shall be located a minimum of forty (40) feet from the property line of
abutting properties containing residential uses; any tent, canopy or membrane structure, as defined

in the International Fire Code, must be located at least twenty (20) feet away from any building,
parked vehicle, internal combustion engines or other tent, canopy or membrane structure.
b. The temporary encampment shall be located a minimum of forty (40) feet from the property line of
abutting properties in commercial or industrial zones, unless the planning director determines that
there is sufficient vegetation, topographic variation, or other site conditions that would justify a
lesser setback.
7. Fencing. Sight-obscuring fencing is required around the perimeter of the temporary encampment unless
the planning director determines that there is sufficient vegetation, topographic variation, or other site
condition such that fencing would not be needed.
8. Lighting. Exterior lighting must be directed downward and contained within the temporary encampment.
9. Residents.
a. No children under eighteen are allowed in the temporary encampment. If a child under the age of
eighteen attempts to stay at the temporary encampment, the managing agency shall immediately
contact Child Protective Services.
b. The maximum number of residents within a temporary encampment is one hundred (100).
c. All temporary encampment residents must sign an agreement to abide by the code of conduct and
acknowledge that failure to do so shall result in the noncompliant resident’s immediate and
permanent expulsion from the temporary encampment by the managing agency.
10. Off-street Parking. Parking for five (5) vehicles shall be provided.
11. Transit Services.
a. A transportation plan is required which shall include provision for transit services.
b. The temporary encampment shall be located within one-half mile of transit service.
12. Code of Conduct. A code of conduct is required to be enforced by the managing agency. The code shall
contain the following as a minimum:
a. No drugs or alcohol are permitted.
b. No weapons are permitted.
c. No violence is permitted.
d. No open flames are permitted.
e. No trespassing into private property in the host neighborhood is permitted.
f. No loitering in the host neighborhood is permitted.
g. Disturbing neighbors is not permitted.
h. No verbal abuse, intimidating remarks, yelling or degrading remarks against member(s) of the host or
host neighborhood are permitted.
i. No verbal abuse, intimidating remarks, yelling or degrading remarks between members of the
temporary encampment or managing agency are permitted.
j. No littering on the encampment site or in the host neighborhood is permitted; a weekly trash patrol
in the host neighborhood shall be required.
k. Quiet hours shall be observed daily from nine p.m. to seven a.m.
13. Inspections.
a. The managing agency shall permit inspections of the temporary encampment by the Snohomish
health district without prior notice and implement all directives of the health district within the time
period specified by the health district.
b. The managing agency shall permit access, without prior notice, to the temporary encampment site at
all times for the Everett police department and Snohomish County sheriff.
c. If the city fire marshal finds that fire-related concerns associated with an indoor overnight shelter
pose an imminent danger to persons within the shelter, the city may take action to limit the
availability to host indoor overnight shelter for religious organization’s or any other entity. In
addition, the city may require an organization to enter into a memorandum of understanding for fire
safety that includes inspections, an outline for appropriate emergency procedures, a determination

of the most viable means to evacuate occupants from inside a site with appropriate illuminated exit
signage, panic bar exit doors, and a completed fire water agreement indicated: 1) posted safe means
of egress; (2) operable smoke detectors, carbon monoxide detectors as necessary, and fire
extinguishers; (3) a plan for monitors who spend the night awake and are familiar with emergency
protocols, who have suitable communication devices, and who know how to contact the fire
department
14. Managing Agency Responsibilities.
a. The managing agency and temporary encampment residents shall ensure compliance with
Washington State statutes and the Everett Municipal Code concerning, but not limited to, drinking
water connections, solid waste disposal, human waste, electrical systems, and fire-resistant
materials.
b. The managing agency shall appoint a member to serve as a point of contact for the Everett police
department. At least one member must be on duty at all times. The names of the on-duty members
shall be posted daily.
c. The managing agency shall take all reasonable and legal steps to obtain verifiable identification from
prospective encampment residents and use the identification to obtain sex offender and warrant
checks from the appropriate agency. The managing agency will not be conducting the sex offender
and warrant checks but will submit to the appropriate agency the verified identification information
obtained through such steps. All of the Everett police department’s requirements with respect to
identified sex offenders or prospective residents with warrants shall be met.
d. The managing agency shall immediately contact the Everett police department if someone is rejected
or ejected from the temporary encampment where the reason for rejection or ejection is an active
warrant or a match on a sex offender check, or if, in the opinion of the on-duty member or on-duty
security staff, the rejected/ejected person is a potential threat to the community.
e. The managing agency shall permit inspections of the temporary encampment by the city’s code
compliance officers, building inspector, permit services manager, fire marshal or their designee
without prior notice. The managing agency shall implement all directives resulting from such
inspections within forty-eight (48) hours of notice.
f. Consistent with the Everett building code, the managing agency may not allow in the encampment,
without first obtaining a building permit, any structure, other than tents, canopies or other
membrane structures, that is greater than one hundred twenty square feet or provides shelter for
more than nine persons.
g. The managing agency and temporary encampment residents shall cooperate with other providers of
shelters and services for homeless persons within the city and shall make inquiry with these providers
regarding the availability of existing resources.
15. Additional Requirements for Applications Requesting Modification of Standards.
a. The applicant may request in their application for standards that differ from those in this section only
where the applicant submits a description of the standard to be modified and demonstrates how the
modification would result in a safe temporary encampment under the specific circumstances of the
application.
b. Requests shall be reviewed by the city’s hearing examiner at a public hearing. The hearing examiner
shall make a decision regarding the issuance of a temporary and modification of standards. The
notice of the time and place of the public hearing shall be provided to the applicant and to any
person who, prior to the rendering of the decision on the permit, made a written request for notice
or submitted substantial comments on the application for the permit. The public hearing procedures
shall be as specified in Title 15.
c. In considering whether the modification should be granted, the city shall first consider the effects on
the health and safety of residents and the community. The burden of proof shall be on applicant.

19.08.210 Manufactured homes, mobile homes, tiny homes and recreational vehicles.
A. Definitions
1. The definition of “manufactured home”, “mobile home”, “mobile home park subdivision”, “manufactured
housing subdivision”, “mobile home park”, “manufactured housing community” or “manufactured/mobile
home community” shall have the same meaning as set forth in RCW 59.20.030.
2. The definition of “designated manufactured home” or “new manufactured home” has the same meaning
as set forth in RCW 35.63.160.
3. “Recreational vehicle” means a vehicle which is a) built on a single chassis; b) four hundred (400) square
feet or less when measured at the largest horizontal projection; c) designed to be self-propelled or
permanently towable by a light duty truck; and d) designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel, or seasonal use.
4. “Tiny home”, “tiny house” or “tiny house with wheels” has the same meaning as set forth in RCW
35.21.686, which is a dwelling to be used as permanent housing with permanent provisions for living,
sleeping, eating, cooking, and sanitation built in accordance with the state building code.
5. "Tiny house communities" has the same meaning as set forth in RCW 35.21.686, which is real property
rented or held out for rent to others for the placement of tiny houses with wheels or tiny houses utilizing
the binding site plan process in RCW 58.17.035.
B. Where allowed
1. Manufactured homes, new or designated. A new or designated manufactured home may be placed on
any lot within the City in the same manner and meeting the same design and development standards as
site built homes, factory built homes, or homes built to any other state construction or local design
standards, subject to the following:
a. The manufactured home must be set upon a permanent foundation, as specified by the
manufacturer, and the space from the bottom of the home to the ground must be enclosed by
concrete or a concrete product approved by the planning director which can be either load bearing or
decorative;
b. The manufactured home is thermally equivalent to the state energy code; and
c. The manufactured home meets all other requirements for a designated manufactured home as
defined in RCW 35.63.160.
2. Manufactured homes or mobile homes. A manufactured home or mobile home may be placed in a mobile
home park subdivision, manufactured housing subdivision, mobile home park, manufactured housing
community or manufactured/mobile home community that were legally in existence before June 12, 2008
as set forth in RCW 35.21.684.
3. Recreational vehicles or tiny houses.
a. A recreational vehicle or tiny house may be used as a primary residence in a manufactured/mobile
home community which was legally in existence before June 12, 2008 as set forth in RCW 35.21.684 if
the recreational vehicle or the tiny house meets the following requirements:
i. The recreational vehicle or tiny house meets fire, safety and other requirements of the City
Building Official and Fire Marshal;
ii. The recreational vehicle or tiny house contains at least one internal toilet and at least one
internal shower, or the manufactured/mobile home community provides toilets and showers for
use of the recreational vehicle or tiny house’s occupants.
b. A recreational vehicle or tiny house may be used as temporary where allowed pursuant to EMC
19.05.
c. A recreational vehicle or tiny house may not be used as a primary residence within the city except as
otherwise allowed above.
4. Tiny house communities. See EMC 19.05 to see where tiny house communities are permitted.

19.08.220 Secure Community Treatment Facilities.
A. Essential Public Facilities.
A secure community transition facility (“SCTF”) is an essential public facility. In addition to complying with the city’s
requirements for a conditional use permit, the applicant for a SCTF shall comply with the city’s siting process for
essential public facilities.
B. Maximum Number of Residents.
No SCTF shall house more than twelve persons, excluding resident staff.
C. Siting Criteria.
1. No SCTFs shall be allowed in or within the line of sight of the following specified uses, whether such uses
are located within or outside the city limits. In or within the line of sight of any “risk potential activity” as
defined in RCW 71.09.020, as amended, include, but are not limited to:
a. Public and private schools;
b. School bus stops;
c. Licensed day care and licensed pre-school facilities;
d. Public parks, publicly dedicated trails, sports fields and playgrounds;
e. Recreational and community centers;
f. Churches, synagogues, temples and mosques;
g. Public libraries; and
h. Others risk potential activities identified by the Department of Social and Health Services.
2. The distance provided for line of sight shall be measured by following a straight line from the nearest
point of the property parcel upon which the secure community transition facility is to be located, to the
nearest point of the parcel of property or land use district boundary line from which the proposed land
use is to be separated.
3. In order to assist in providing equitable distribution, there shall be a separation of one mile between an
SCTF and any existing SCTF, jail, correctional facility, mental health facility, work release, pre-release or
similar facility. (A “similar facility” includes, but is not limited to, Madison House, Everett Gospel Mission
Men Shelter, Everett Gospel Mission Women and Children Shelter, Green House, Evergreen Manor and
establishments providing similar services.)
D. Review Process III (Special Property Use/Conditional Use Permit)
A conditional use permit Review Process III application for SCTF shall comply with all the permitting and procedural
requirements pertaining to a conditional use permit Review Process III including those found under Title 15 of this
code.
E. Existing SCTFs.
In the event a SCTF is legally sited in accordance with the provisions of this title, this does not preclude any
subsequent siting of any risk potential activity described in subsection C.1 of this section within the line of sight.
F. When evaluating an application for a SCTF consideration shall also be given to those siting provisions provided
in RCW 71.09.250(8).
19.08.300 Administrative Modification of Development Standards.

A. General
An applicant may propose and the planning director, using the review process described in Title 15, Local Project
Review Procedures, may allow an applicant to deviate from the development standards, provided the proposal
satisfies the evaluation criteria of this subsection. In evaluating such a proposal, the planning director, using the
criteria in subsection (C) below, shall determine if the alternative design or plan provides superior results to that
which would be required by compliance with the development standards of this chapter.

B. Development Standards that can be modified
1. The following development standards in this chapter can be modified:
a. Any design or development standard regarding façade, window, door, roof, entrance or siding
requirements.
b. Lot width requirements (REV II).
c. Landscape requirements.
d. Minimum size, location and design standards for on-site open space (REV II).
2. The following development standards cannot be modified:
a. Minimum lot size requirements
b. Maximum density requirements
c. Lot coverage requirements
d. Floor-to Area Ratio (FAR) requirements
e. Setback requirements
f. Land division or owner occupancy requirements
g. Home occupations prohibited
C. Evaluation Criteria for Modification
See EMC 15.03.
19.08.400 Design Review.

A. is subject to any design standard or guideline established in this chapter; or
B. involves discretionary design-related decisions, such as a modification of design standards, authorized in this
chapter; or
C. involves design-related decisions to implement building façade requirements set forth in EMC 19.08.040 of
this chapter.
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.
19.08.500 Authority of Planning Director.

The planning director shall have the authority to disapprove, approve with conditions, or require the applicant to
make design changes if he/she determines the design does not meet the design standards, guidelines or evaluation
criteria of this title.

Chapter 19.09 Multifamily Development Standards
Table of Contents
CHAPTER 19.09 MULTIFAMILY DEVELOPMENT STANDARDS ........................................................................................... 1
19.09.020 BUILDING FORM AND DESIGN STANDARDS. .................................................................................................. 1
19.09.030 BUILDING ENTRANCE REQUIREMENTS. ........................................................................................................ 3
19.09.040 FRONT PORCHES. ................................................................................................................................... 4
19.09.050 REQUIRED OUTDOOR AND COMMON AREAS. ............................................................................................... 5
19.09.060 OTHER REQUIREMENTS. .......................................................................................................................... 6
19.09.100 MODIFICATION OF DEVELOPMENT STANDARDS. ........................................................................................... 7
19.09.120 DESIGN REVIEW. .................................................................................................................................... 7
19.09.140 AUTHORITY OF PLANNING DIRECTOR. ........................................................................................................ 7

A. Purpose.
The purpose of the requirements contained in this chapter is to promote a broad range of housing opportunities in
the city, improve the livability of multiple-family housing, encourage development of single-family attached and
multiple-family housing in Everett that enhances safety and creates an attractive environment for residents and
which reinforces and enhances the desirable qualities of the city’s neighborhoods.
B. Applicability.
1. The standards in this chapter apply to residential development within multifamily zones (UR3 or UR4),
commercial zones (NB, B, MU) and where allowed in industrial zones (LI1).
2. Conflicts. In the event of a conflict between these requirements and the standards of other sections of the
zoning code, these requirements shall control; provided, however, the requirements established as part
of the creation of any historic overlay zone shall take precedence over any conflicting requirements in this
chapter.
3. Mixed Use. When multifamily development is to be part of a mixed-use commercial development, the
requirements contained herein shall apply to the multifamily development but may be modified by the
planning director as needed to provide for the reasonable accommodation of mixed-use and commercial
development encouraged by the comprehensive plan.
4. Future Phases. When multifamily development is proposed to be added as a later phase to an existing
multifamily development which does not meet the requirements contained herein, the requirements
contained herein shall apply, but may be modified by the planning director as needed to provide for
continuity between the existing and proposed phases of development.
19.09.020 Building form and design standards.

A. Building Modulation
1. See EMC 19.12.030 for standards that address finish floor levels and building modulation.
2. In addition to the requirements set forth in EMC 19.12.030, multifamily development outside of Metro
Everett is required to have an additional five-foot (5’) interior side setback for each ten feet (10’) or
fraction thereof by which the building exceeds thirty-five feet (35’) in height for only those portions of the
building which exceed thirty-five feet (35’) in height.
Ch. 19.09, Multifamily Development Standards 1 Planning Commission Recommendation (09/08/20)

Figure 9-1: Multifamily Upper Floor Modulation Outside Metro Everett
B. Facades
1. See EMC 19.12.040 for standards that address façade design, including vertical and horizontal articulation,
facades longer than 100 feet, blank walls, exposed fire walls, exterior building materials and street corner
buildings.
2. In addition to the requirements set forth in EMC 19.12.030, residential development is required to have
street-facing facades of residential buildings designed to look as a series of buildings no wider than 50
feet each.
3. Garage Facades. The length of the Figure 9-2: Garage facade length
garage wall façade facing the
street may be up to 50 percent of
the length of the street-facing
dwelling unit façade, except the
maximum length allowed is thirty
(30) feet if the garage wall façade is
within twenty (20) feet of the front or
side-street lot line. These standards
do not apply to structured parking
(see EMC 19.12.110).
4. Side Facades Abutting Residential
Zones. Balustrades of balconies and
decks, not on the ground level, that
are parallel to, and within 15 feet of
an interior side setback shall be at least 75% opaque for properties in or abutting any residential zone.
C. Weather Protection
See EMC 19.12.120 and Table 12-4 for weather protection requirements.
D. Transparency
See EMC 19.12.130 and Table 12-4 for transparency requirements.
E. Structured Parking
If the residential development includes structured parking, see EMC 19.12.110 for structured parking
requirements.

19.09.030 Building entrance requirements.
Pedestrian Access to Building Entrances
1. Developments with exterior pedestrian circulation systems shall connect building entrances to the public
sidewalk, off-street parking areas, common open space areas and alley where applicable.
2. The exterior pedestrian circulation system shall be a minimum of three (3) feet wide for residential
development with twenty (20) or fewer units and five (5) feet wide for more than 20 units. The pedestrian
system shall be designed to meet federal, state and local accessibility standards, and where adjacent to
driveways and parking areas they shall be separated by landscaping, raised curbs at least six (6) inches
high, bollards, or other treatments as approved.
3. For multifamily developments with sixteen (16) or fewer parking spaces, the pedestrian circulation system
may be located within an auto travel lane.
4. Lighting and Landscaping Entrances. Entrances shall include walkways with lighting and landscaping so
that occupants and guests do not need to search for a location. Lighting shall be sufficient to identify faces
from a reasonable distance and allow the pedestrians the opportunity to choose another route. See EMC
19.35 for landscaping requirements.
5. Ground level entrances within 20 feet of a public sidewalk shall provide landscaping or other measures
(e.g. courtyard, patio or grade change) to create a transition between the living areas of the dwelling and
the street.
Location
1. All non-service, exterior entrances must be visible from Figure 9-3: Example of building without main
other residential buildings within the development and/or entrance on street-facing wall
public areas, such as common courtyards, parking areas,
or public sidewalks.
2. For buildings over five (5) stories, a prominent entryway
and lobby shall be provided.
3. At least one main entrance for each structure must:
a. Be within eight (8) feet of the longest street-facing
wall of the structure; and
b. Either: i) face the street; ii) be at an angle of up to 45
degrees from the street; or iii) open onto a porch that
is at least 64 square feet in area, has at least one
porch entrance facing the street, and has a roof that is no more than 12 feet above the floor of the
porch.

Figure 9-4: Main Entrance Requirements
4. As an alternative to (B)(3) above, an entrance to a multi-dwelling structure may face a courtyard if the
courtyard-facing entrance is located within 60 feet of a street and the courtyard is: at least 15 feet in
width, abuts a street and is landscaped or hard-surfaced for use by pedestrians.
Distance from Grade
The main entrance required by (B)(3) above must be within four (4) feet of average grade, measured at the outer
most corners of the street facing façade.
Figure 9-5: The main entrance is more than Figure 9-6: How to measure average grade for entrance elevation
4 feet above average grade
Exterior stairs.
Fire escapes and exterior stairs providing access to
an upper level are not allowed on any façade that
faces a street.
19.09.040 Front Porches.

Front porches which are either required or allowed as an exception to setback requirements (see EMC 19.06.030)
are subject to the design standards outlined in EMC 19.08.050.

19.09.050 Required outdoor and common areas.
A. Purpose and Intent
The required outdoor and common area standards for residential development ensure opportunities for outdoor
relaxation, recreation or community gathering places. The standards ensure that some of the land not covered by
buildings is of adequate size, shape, and location to be usable for outdoor recreation or relaxation. Required
outdoor areas are an important aspect in addressing the livability of a residential property. The standards also
allow for common area requirements to be met by indoor community facilities because they also provide
opportunities for recreation and gathering.
B. Outdoor and common area requirements
1. Outdoor and common area is required in the amounts stated below. Outdoor area may be provided as
private open space, such as a patio or balcony, or may be provided as common open space, such as
outdoor courtyards and outdoor play area. Common area may include common open space, indoor
recreational facilities, indoor community rooms or other community gathering places.
2. Outdoor and common area requirements, as set forth below, are based on unit size:
Table 9-1: Outdoor and Common Area Requirements
Unit Size Area Required:
Studio or 1-bedroom 75 square feet per unit
2+ bedrooms 100 square feet per unit
3. Required common area. For multifamily residential development with fifty (50) or more units, at least
twenty-five percent (25%) of the required area in (B)(2) above shall be common area as further set forth
below:
a. At least 50% of the required common area must be outdoor open space. Outdoor areas may be
passive or active, such as:
i. Passive areas, such as outdoor courtyards, seating areas, or family picnic area with amenities
such as landscaping, lighting, weather protection and other features that encourage use year-
round;
ii. Active areas, such as tot-children’s play area, hard surface game court, or outdoor swimming
pool.
b. Up to 50% of the required common area may be indoor common area, such as indoor recreation
facilities or indoor community rooms.
c. Common areas shall be centrally located so as to be near a majority of the dwelling units and
constructed so as to be accessible to residents and visible from dwellings on the site.
4. Minimum size standards:
a. Private open space shall be a minimum of 6 feet in any direction, no less than 36 square feet in area.
b. Common open space shall be a minimum of 20 feet in any direction, no less than 400 square feet in
area. The common open space must be located to provide convenient, and accessible access from the
residential units.
5. Top floors and/or roof top decks may be used for up to 100 percent of required outdoor area provided:
a. Amenities such as seating areas, landscaping, lighting, weather protection and other features that
encourage use year-round, as approved by the planning director, are incorporated.
b. The space must have hard durable surfacing for all trafficked areas.
6. Off-street parking and loading areas shall not be considered as outdoor or common areas as required by
this section.
7. Expansion of Residential Development. Where an increase in the number of dwelling units for a
residential development is proposed, common area shall be provided in accordance with the
requirements of this chapter, minus the amount of common area by which the previous residential
development was deficient.

8. When setback areas can be included in
calculations:
a. Private open space located at ground level
may extend into the required setback areas,
subject to minimum size standards in (B)(4)
above, but when located within a required
street setback, the outdoor area must either
be at least two (2) feet above the grade of the
closest adjoining sidewalk or separated from
the street lot line by a minimum three (3) foot
setback landscaped to create privacy.
b. Common open space may include: Figure 9-7: Example of private open space in front setback
i. Interior side setback areas which are
contiguous with other on-site common open space areas;
ii. Rear setback areas which are contiguous with other on-site common open space areas and which
are not part of a street side setback area on corner lots.
9. Plans for outdoor and common areas shall be submitted for review and approval of the planning director
prior to issuance of building permits.
10. A payment in-lieu-of providing the common or private open space may be approved by the planning
director.
Table 9-2: Multifamily Open Space Calculation (Example)

Large Project (50+ units)
# of Area per Area
Unit Size units unit Required
Studio 15 75 1,125
1-bed 15 75 1,125
2-bed 10 100 1,000
3+ beds 10 100 1,000
TOTALS 50 4,250
Common Area Required (25%) 1,063
Outdoor Area (50%) 531
Indoor Area (50%) 531
Private or Common Open Space 3,188
Small Project (<50 units)
# of Area per Area
Unit Size units unit Required
Studio 10 75 750
1-bed 15 75 1,125
2-bed 10 100 1,000
3+ beds 10 100 1,000
TOTALS 45 3,875
Common Area Required 0
Outdoor Area (50%) 0
Indoor Area (50%) 0
Private or Common Open Space 3,875
19.09.060 Other Requirements.

The following requirements of this title also pertain to multifamily development:
A. Density. See EMC 19.06 for minimum and maximum density requirements for residential development.
B. Lot and Building Placement Requirements. See EMC 19.06 for building setbacks and exceptions, and
minimum lot requirements if applicable.

C. Building Height. See EMC 19.22 for minimum and maximum building heights.
D. Landscaping and Trees. See EMC 19.35 for landscaping and tree requirements.
E. Off-Street Parking. See EMC 19.34 for off-street parking requirements.
F. Streets, Sidewalks and Pedestrian Access. See EMC 19.33 for street, sidewalk and additional pedestrian
access requirements.

An applicant may propose and the planning director, using the review process described in Title 15, Local Project
Review Procedures, may allow an applicant to deviate from certain development standards of this chapter, as
provided herein, provided the proposal satisfies the evaluation criteria of this subsection. In evaluating such a
proposal, the planning director shall determine if the alternative design provides equivalent or superior results to
that which would be required by compliance with the development standards of this chapter.
1. What Can Be Modified. The following standards can be modified:

a. Building modulation
b. Facades (dwelling and garage)
c. Building entrance requirements
d. Required outdoor and common area
2. Evaluation Criteria for Modification. See EMC 15.03.
3. Appeal of Planning Director’s Decision. An appeal of the planning director’s decision using this process
shall be reviewed by the hearing examiner in accordance with Title 15, Local Project Review Procedures.
Substantial weight shall be given to the decision of the planning director in considering any appeal.

A. is subject to any design standard or guideline established in this chapter; or
B. involves discretionary design-related decisions, such as a modification of design standards, authorized in this
chapter; or
C. involves design-related decisions to implement building form and design standards set forth in EMC 19.09.020
of this chapter.
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.


changes to Title 19, please visit the Rethink Zoning Library at https://everettwa.gov/2453/Rethink-Zoning-Library.
Chapter 19.12 Building Form and Design Standards
Table of Contents
CHAPTER 19.12 BUILDING FORM AND DESIGN STANDARDS ........................................................................................... 1
19.12.010 PURPOSE. ............................................................................................................................................. 1
19.12.020 APPLICABILITY AND USER GUIDE. ............................................................................................................... 1
19.12.030 BUILDING FORM STANDARDS. .................................................................................................................. 2
19.12.040 FAÇADE DESIGN (ARTICULATION, BLANK AND EXPOSED FIRE WALLS, EXTERIOR BUILDING AND FENCING MATERIALS). ..4
19.12.100 DESIGN STANDARDS AND STREET DESIGNATIONS. ........................................................................................ 6
19.12.110 STRUCTURED PARKING. ........................................................................................................................... 7
19.12.120 WEATHER PROTECTION. .......................................................................................................................... 8
19.12.130 BUILDING TRANSPARENCY. ...................................................................................................................... 8
19.12.140 SPECIAL DESIGN STANDARDS. ................................................................................................................... 9
19.12.200 BUILDING DESIGN STANDARDS APPLICABLE TO THE LI2 AND HI ZONES. ........................................................... 12
19.12.210 ADDITIONAL STANDARDS APPLICABLE TO THE LI2 AND HI ZONES. .................................................................. 15
19.12.300 MODIFICATION OF DEVELOPMENT STANDARDS. ......................................................................................... 16
19.12.310 DESIGN REVIEW. .................................................................................................................................. 17
19.12.320 AUTHORITY OF PLANNING DIRECTOR. ...................................................................................................... 17
19.12.010 Purpose.
The purpose of this chapter to:
A. Encourage building design that combines appropriate, compatible architectural scale with streetscape design
and pedestrian amenities;
B. To protect less intensive zones and uses from impacts that could result from excessive mass and vertical scale
of larger buildings. This objective can be accomplished by applying the standards in this chapter in conjunction
with the building placement and height regulations in Chapters 19.06 and 19.22 of this title; and
C. Recognize that a flexible design approach providing a menu of options will result in buildings that are
attractive, durable and contribute to Everett’s image.
19.12.020 Applicability and user guide.

A. General.
1. Unless otherwise indicated below, the development standards of this chapter apply to non-residential
development on properties in the following zones: UR3, UR4, NB, B, MU, LI1, LI2, HI.
2. For all mixed-use and multiple family residential development in the above zones, the reader should first
review EMC 19.09, which will direct the reader back to this chapter for some development standards.
B. UR3, UR4, NB, B, MU and LI1 zones – See sections 12.030 through 12.140 for applicable development
standards.
C. LI2 and HI zones – See sections 12.200 through 12.240 for applicable development standards.
D. The standards in this chapter apply primarily to building design. Refer to the following chapters in this title for
additional regulations applicable to new development:
• Chapter 19.06 – Lot and Building Placement
• Chapter 19.22 – Building Height
• Chapter 19.33 – Streets and Sidewalks
• Chapter 19.34 – Parking
• Chapter 19.35 – Landscaping
Ch. 19.12 Building Form and Design 1 Planning Commission Recommendation (09/08/20)
• Chapter 19.36 – Signs
E. This chapter does not apply to properties with a zone designation of R-S, R-1, R-2, R-2(A) WRM or AG.
F. Exceptions. The following are excepted from the requirements of this chapter:
1. Minor exterior alterations, provided, however, the alteration shall meet the following:
a. The alterations to the exterior shall meet the applicable standards of this chapter;
b. The alterations do not create a greater nonconformance unless otherwise allowed through
modification of standards; and
c. The alterations are not as a result in a change of use or occupancy (see F.3 below).
2. Interior alterations which do not change the exterior appearance of the building and/or site.
3. Change of use or occupancy which is either a minor exterior alteration or interior alterations; provided,
however, that if the change in use or occupancy creates additional off-street parking or uses outdoor
areas to conduct business or store materials, the development shall provide the following:
a. The development shall meet the parking requirements of this title, Chapter 19.34 (Parking) and, as
required, Chapter 19.35 (Landscaping and Screening) and EMC 19.33 (Streets, Sidewalks and
Pedestrian Access) of this title; and
b. Any building alteration includes weather protection as required by this chapter.
G. Conflict with Other Provisions. In the event of a conflict between these standards and other sections of the
Unified Development Code, these requirements shall control; provided,
1. The requirements for mixed-use and multifamily development established in EMC 19.09 shall control;
and,
2. The requirements established as part of any historic or design overlay zone shall take precedence over
any conflicting requirements in this chapter.
19.12.030 Building Form Standards.

A. Finish Floor Levels and Building Depth. The requirements set forth in Table 12-1 apply to the form of buildings
in the city. These requirements include the ground floor finish level above sidewalk, height of ground floor
ceilings, and depth of ground floor space.
Table 12- 1: Building Form Standards

Illustra- UR3
NB B MU LI1
Building Form tion UR4
Finish Floor Level
A
(ground floor)
Residential None
6 inches maximum in Metro
Non-Residential None
Everett only
Ground Floor Ceiling Height
B
(finish floor to finish floor)
12 feet 12 feet
Residential n/a n/a n/a
minimum minimum
15 feet 12 feet
Non-Residential n/a n/a n/a
minimum minimum
Building Depth
C
(ground floor)
50 feet 30 feet
Depth n/a n/a n/a
minimum minimum
Height D
See Chapter 19.22
Figure 12- 1: Building Form
B. Building Modulation and Upper Floorplate Limits. The requirements set forth in Table 12-2 apply to upper
floor modulation and upper floorplate area for buildings. Upper floor modulation is measured from the
ground floor façade as placed on the property. The upper floorplate is the top floor of the building.
Table 12- 2: Building Modulation and Upper Floorplate Limits

UR3
Modulation, Floorplate Illustration UR4 NB B MU LI1
Upper Floor Modulation 12-2
Front and Side Street
10
10 feet 10 feet
Floors 4 - 5 A n/a feet 10 feet minimum
min. minimum
min.
10 feet
Floors 6 – 7 A n/a n/a n/a n/a
minimum
10 feet from
Floors 8 – 11 B
n/a floors 4 - 5 n/a
Floors 12+ n/a n/a
Interior Side
10
5 feet 5 feet
Floors 3 – 7 D feet No minimum n/a
minimum min.
min.
Floors 8 – 11 n/a n/a n/a n/a No minimum(1)
Floors 12+ n/a n/a n/a n/a No minimum(1)
Upper Floorplate Area
12,000 sq. ft.
Floors 12+ n/a n/a n/a n/a
maximum
1
No minimum modulation requirement, but subject to Review Process II and compliance with vertical and
horizontal modulation/articulation requirements
Figure 12- 2: Upper Floor Modulation
19.12.040 Façade design (articulation, blank and exposed fire walls, exterior building and fencing
materials).
Applicability of standards in this section is shown in Table 12-3. The standards in this section do not apply to the
LI2 and HI zones.
Table 12- 3: Facades - Development Standards Applicability

UR3
NB B MU LI1
Standard UR4
Facades:
A. Vertical articulation X X X
B. Horizontal articulation X X X
C. Facades longer than 100’ X X X X X
D. Blank wall standards X X X X
E. Exposed fire wall standard X X X X
F. Exterior building materials X X X X
G. Street corner buildings X X
“x” indicates which standards are applicable in the respective zone
A. Vertical Articulation
Vertical articulation is required to distinguish the building’s top, middle, and ground story of front and side
street (corner) facades. Examples of vertical articulation include stone or masonry bases, belt courses, cornice
lines, parapets, lintel beams, entablatures, friezes, awnings or canopies, changes in materials or window
patterns, recessed entries, or other architectural treatments.
Figure 12- 3: Example of Vertical Articulation
B. Horizontal Articulation
Horizontal articulation is required to visually break up the massing of the ground floor of the front and side
street (corner) facades into segments no greater than 25 feet in width. Examples of horizontal articulation
include bays, mullions, columns, piers, pilasters, recessed entries, awnings, or other architectural treatments.
C. Facades Longer than 100 feet
Building facades longer than 100 feet in width must utilize a combination of vertical and horizontal articulation
with a change in building materials, finishes, and/or fenestration technique. See EMC 19.09 for additional
standards applicable to multifamily residential buildings.
D. Blank Walls
Blank walls at the ground floor are prohibited and shall be designed with windows, doors, architectural
elements, murals, landscaping or other treatments as approved by the planning director.
E. Exposed Fire Walls
Exposed fire walls visible from a street or open space shall have material, color, and/or textural changes, as
approved by the department, which adds visual interest to the wall.
F. Exterior Building Materials
1. Exterior insulating finishing systems (EIFS) are prohibited on the ground floor of front and side street
(corner) facades.
2. EIFS, where employed, shall be trimmed in wood, masonry, or other approved materials, and shall be
sheltered from weather by roof overhangs or other methods.
3. Exposed standard and/or fluted concrete masonry units (CMUs) are prohibited above the basement level
on front and side street (corner) facades.
4. Exposed CMUs employed at the ground level or higher on front and corner side facades shall be split,
rock- or ground-faced.
5. Metal siding shall have visible corner moldings and trim, and shall incorporate masonry or other similar
durable materials at the ground level.
6. Prohibited Materials. The following materials may not be used on any exterior surface which is visible
from any area beyond the subject property:
a. Mirrored glass and other highly reflective materials.
b. Corrugated fiberglass.
c. Chain link fencing, except for temporary purposes, such as during construction.
d. Textured or scored plywood, including T-111 or similar plywood, and sheet pressboard.
G. Street Corner Buildings
Corner sites, in addition to other design elements required by this code, shall employ corner building
articulations such as rounded or chamfered corners, prominent corner facing building entrances, public plazas,
or other distinctive corner treatments as approved by the planning director.
19.12.100 Design Standards and Street Designations.
Some building and site design standards are based on the designation of adjacent streets. Table 12-4 lists the
design standards that are different based on the applicable street designation. To determine the street designation
for an individual property, see Map 33-1 in EMC 19.33. The table applies in conjunction with the detailed standards
in the following sections, in addition to other standards in this title as follows:
19.12.110 – Structured Parking Frontage and Setback Standards
19.12.120 – Weather Protection
19.12.130 – Transparency
19.33.030 – Public Sidewalk Standards
19.33.040 – Public Sidewalk Treatments
19.22.020 – Minimum Building Heights
Table 12- 4: Structured Parking, Weather Protection, Transparency, Sidewalk Requirements and Building Height by Street
Designation
RESIDENTIAL
building (accessory building façade building facade
use)
Stand-alone parking
structure (principal 25 feet 25 feet 50 feet 75 feet 100 feet
use)
Structured Parking
See 19.12.110.
Setback Standards
Front, side and rear(1) See underlying zone setback requirements and limits on frontage set forth above
Below grade 0 feet
Weather Protection See 19.12.120
90% of front 75% of front
Same width as
Length, minimum building building 45% of front building facade
entrance
facade facade
8 feet from
3 feet from front
Depth, minimum front building 6 feet from front building façade
building facade
façade
8 feet, minimum
Height above sidewalk
15 feet, maximum
Transparency See 19.12.130
Percent comprised of
See blank walls
windows and/or doors 90% 60% 45% 45%
(Chapter 12.040)
with clear glass (2-10’)
RESIDENTIAL
Total Min. Width 16’ min. 16’ min. 12’ min. 10’ min. per city engineer
Sidewalk Treatments See 19.33.040
At least 2 treatments: Required Required Required N/A N/A
Minimum Building Height See 19.22.020.B (2)

Principal Building 2 - 4 floors N/A N/A N/A N/A
Accessory Building No minimum N/A N/A N/A N/A
(1)
Structured parking garages accessed from the rear with no internal turnaround shall be setback at least 25 feet from the far
side of the alley, except as otherwise approved by city engineer.
(2)
Refer to Chapter 19.22 for additional building height standards.
19.12.110 Structured Parking.

The following requirements apply to any structure that includes parking of vehicles. For access and surface parking
requirements, please see EMC 19.34 of this title. Modification of these standards is subject to Review Process II
outlined EMC 15.02, and evaluation criteria in EMC 15.03.
A. Setback and Street Frontage Standards.
The setback and street frontage standards set forth in Table 12-4 apply to all structured parking. The frontage
standards apply to the ground floor of that portion of a structured parking facility twenty (20) feet in depth
measured perpendicular to the front lot line. The frontage standards include any access driveways, if allowed.
Figure 12- 4: Structured Parking Standards
B. Structured Parking Design.

1. Structured parking must be designed to obscure the view of parked cars. Where structured parking is
provided on the ground level adjacent to the sidewalk to accomplish this, features such as planters,
decorative grilles, or works of art shall be provided as approved by the city.
2. Where the structured parking wall is built to the sidewalk edge, the facade shall use a combination of
artwork, grillwork, special building material treatment/design, and/or other treatments as approved by
the city that enhance the pedestrian environment. In order to meet transparency requirements,
structured parking can incorporate openings with grillwork or other treatments to resemble windows.
3. Structured parking levels above the ground floor shall use articulation treatments that break up the
massing of the garage and add visual interest.
19.12.120 Weather Protection.
A. General Requirements.
Weather protection, such as an awning, shall be required on any building facade fronting a public street as set
forth in Table 12-4.
Figure 12- 5: Weather Protection Standards
B. Design Requirements.
1. Weather protection shall be supported by the building if projected over public sidewalks.
2. All frames and supports must be made of metal or similar rigid material. Frames and supports made of
wood are allowed within the UR3 and UR4 zones. Other materials are prohibited unless approved by the
planning director.
3. The entire width of the main entrance to a building shall incorporate weather protection.
C. Recessed entries with weather protection may count towards meeting the standards in Table 12-4 above.
19.12.130 Building Transparency.

Transparent windows or doors, on the ground floor and facing the street, are required as set forth in Table 12-4
below, provided, however, that these standards do not apply to structured parking. Transparency measurements
are done on the ground floor of the street façade, between 2 and 10 feet above grade. See Figure 12-6 for how this
is measured.
Figure 12- 6: Transparency Requirements
19.12.140 Special Design Standards.

The following site and design requirements apply to development that includes one or more of the design features
in subsections A, B or C below, or where development abuts a residential zone along a rear property line, as
required under subsection D below.
A. Building Entrances – Applies to Metro Everett and NB zones only. The main entrance to each structure must
face the street, courtyard, or plaza. The entire width of main entrances shall incorporate weather protection
as outlined in Table 12-4 in and Section 12.120.
B. Recessed Entries - Applies to Metro Everett and NB zones only.
1. Any entrance that is set back more than three (3) feet from the front building façade shall comply with the
standards set forth in Table 12-5 below.
Table 12- 5: Recessed Entries

Standard Illustration Measurement
3 feet minimum.
Where depth
Width of Recessed Entry A exceeds 4 feet,
width shall be 2x
depth.
Depth of Recessed Entry B 3 feet minimum
Height clearance 8 feet, minimum
Figure 12- 7: Recessed Entries
2. Metro Everett. For buildings within Metro Everett that are constructed to the edge of a public sidewalk,
the entry shall be recessed in accordance with the requirements of this section.
C. Plazas and Forecourts. The standards in this subsection apply only to the MU zone within Metro Everett.
Description: A forecourt or plaza is where all, or a portion of the front façade of a building, is set back ten (10)
feet or more from the front setback line, creating a space without buildings of at least 144 square feet along
the lot frontage. For the purpose of these design standards, plaza and forecourts are further defined below.
1. Plaza. A plaza is a public space that is designed for intensive public use. A plaza is more than 900 square
feet in area.
2. Forecourt. A forecourt is a small court space which could be used as an entry court or shared garden
space for apartment buildings, or as an additional shopping or restaurant seating area within commercial
zones. A forecourt is less than 900 square feet in area but more than 144 square feet.
3. Any plaza or forecourt meeting the description in subsection (C)(1) above shall meet the standards in
Table 12-6 and subsection (4) below.
Table 12- 6: Plaza and Forecourt Standards

Standard Illustration Forecourt Plaza
Width, minimum A 12 feet 30 feet
Depth, minimum B 12 feet 30 feet
144 square
Size, area (minimum) C 900 square feet
feet
900 square
Size, area (maximum) C 25% of lot area
feet
4. Plaza and Forecourt Design Standards.

a. A plaza or forecourt shall include architectural or other site design features along the front setback
line. Examples include landscape planters, distinctive change in pavement color or type, sitting walls,
etc. These features shall generally be no higher than 36 inches above the adjacent sidewalk.
b. A plaza or forecourt shall be surfaced with high quality, durable impervious or semi-pervious
materials, such as concrete, brick, or stone pavers, covering no less than 75% of the surface area. Any
non-paved area of the plaza must be landscaped.
c. A plaza or forecourt shall feature paths, landscaping, seating, lighting, public art and/or other
pedestrian amenities to make the area more functional and enjoyable.
d. A plaza of 2,000 square feet or more in area must be designed to include one or more central
markers, such as a fountain or sculpture.
e. Circulation within the plaza or forecourt shall connect pedestrians to public streets on which the
plaza abuts and major design features of the plaza, such as seating areas or open air cafes.
f. A plaza or forecourt may not contain driveways, parking spaces, passenger drop-offs, garage
entrances, loading berths, exhaust vents, mechanical equipment, or refuse and recycling storage.
Figure 12- 8: Plaza and Forecourt
D. Design Standards for Development Abutting Residential Zone Along Rear Property Line. Any new
development exceeding fifteen thousand (15,000) square feet of gross floor area in the NB,
B, MU, or LI1 zones which abuts a residential zone shall provide plans to demonstrate visual compatibility with
the adjacent residential zone. Development subject to this requirement shall provide plans and demonstrate
the following:
1. The rear side of the building visible from the adjacent residentially zoned property shall be given
architectural treatment using two or more of the following:
a. Visible rooflines;
b. Windows;
c. Secondary entrances;
d. Balconies
e. Use of brick and/or stone on at least ten percent of the building façade that faces the alley; or
f. Awnings
19.12.200 Building design standards applicable to the LI2 and HI zones.
A. Applicability. The following standards apply to development of properties located within the LI2 and HI zones.
For properties located within the Airport/Port/Navy Compatibility overlay zone, see EMC 19.17 for additional
use and development standards. For properties located within shoreline jurisdiction, see the city’s shoreline
master program for additional permitting requirements. The design standards in this section apply when any
of the following criteria are met. These standards are applicable only to the facade or portion(s) of the building
meeting any of the following criteria.
1. The proposed building(s) faces, abuts and is visible from a designated Gateway Corridor street and is
located within 400 feet of a Gateway Corridor street. See Map 12-1;
2. The proposed building(s) faces, abuts and is visible from a residentially zoned property; or
3. The proposed building(s) abuts a shoreline public access trail, or is visible from publicly accessible
navigable waters (e.g., Port Gardner Bay, Snohomish River).
Map 12- 1 Gateway Corridors
B. Building design.
1. Building Materials. Prefabricated metal buildings and buildings with corrugated metal siding shall be
prohibited. Exterior building materials shall be selected so as not to project or reflect natural or artificial
lighting or glare into residential areas. Building exterior materials shall be factory finished, stained,
integrally colored, or otherwise suitably treated. Materials may include:
a. Split face or fluted concrete masonry units (CMU).
b. Factory glazed concrete masonry units (CMU).
c. Face brick.
d. Stone veneer.
e. Insulated glazing and framing systems.
f. Architectural pre-cast concrete.
g. Painted or stained site-cast concrete.
h. Architectural concrete.
i. Factory finished, standing seam metal roofing (for application to pitched roof systems only).
j. EIFS.
k. Architectural metal. Do not use glossy metal.
2. Building articulation standards. Buildings with exterior walls greater than sixty feet in length in the LI2
zone and 100 feet in length in the HI zone shall be required to provide architectural modulation, in
accordance with the following standards:
a. Vertical articulation. Vertical articulation is required to distinguish the building’s upper and lower
levels of front and side street (corner) facades. Examples of vertical articulation include cornice lines,
awnings or canopies, changes in materials or window patterns, recessed entries, reveals, or other
architectural treatments.
b. Horizontal articulation. Horizontal articulation is required to visually break up the massing of the
ground floor of the front and side street (corner) facades into segments no greater than 60 feet in
width for the LI2 zone and 100 feet in width for the HI zone. Examples of horizontal articulation
include bays, mullions, columns, piers, pilasters, recessed entries, awnings, or other architectural
treatments.
c. The planning director may allow use of other methods to achieve the intent of the vertical/horizontal
articulation standards. This includes use of landscaping which breaks up flat expanses of building
walls, or a combination of techniques providing the desired effect.
3. Building entrance and window design.
a. Building entrances. Primary building entrances should be easily identifiable and relate to human
scale.
i. Locate main entrances to be clearly identifiable from primary driveways and drop-offs. For
example:
(A) Design building entrances to contrast with the surrounding wall plane.
(B) Consider tinted glass, painted doors, or recessed features that will create a shaded effect.
(C) Create a frame around doorways, by changing materials from the primary facade material.
ii. All building entrances shall be well lit. Consider using building entranceways as a transition from
the building to the ground. Incorporate walls, terraces, grading and plant materials to accomplish
this transition.
b. Ground floor windows. A minimum of thirty percent of the portion of the facade abutting office and
commercial uses that are contained within the industrial use shall be comprised of windows with
clear, “vision” glass.
19.12.210 Additional standards applicable to the LI2 and HI zones.
A. On-site open space. On site open-space is required for all developments within the LI2 zone on lots five acres
or greater in area. On-site open space is not required in the HI zone. For lots less than five acres that were
created through a binding site plan, the open space requirement applies if the originating, or parent parcel
was at least five acres in area prior to the binding site plan. On-site open space shall be provided in accordance
with the following standards.
1. There shall be provided on each lot a minimum open space area or areas, containing at least twenty
percent of the lot area, in accordance with the following:
a. All of the required open space shall be landscaped, as required by this chapter, provided in natural
open areas, or improved with passive or active recreational facilities.
b. The required building setback areas, and the building landscaping required by Chapter 19.35 of this
title may be included in the calculation of required open space.
c. Driveways, loading areas, outdoor storage, parking lots and the interior landscaping required in
parking lots shall not be considered as satisfying the open space requirements.
d. Exception: critical areas and their buffers may be used to satisfy up to fifty percent of the required
open space.
B. Site Design.
1. Buildings, walls, and landscaping should be arranged to screen less visually aesthetic components
necessary for industrial development, including loading and service bays, outdoor bulk storage areas,
trash enclosures, mechanical equipment, and noise and odor producing facilities. Service areas and bulk
storage should be screened from view of public right-of-way and screened with compatible architectural
features and walls, and/or dense landscaping.
2. Trash enclosures should not be visually prominent from the public view of the site.
C. Performance Standards. All permitted uses must address the generation of nuisance irritants such as noise,
smoke, dust, odor, glare, visual blight or other undesirable impacts during the review process for establishing,
expanding or modifying the use. The city shall have the authority to impose conditions necessary to ensure
mitigation of potential nuisance impacts, including redesign of the project, when located in proximity to
residential uses.
D. Lighting and Glare in Central Waterfront Planning Area. Development within the Central Waterfront Planning
Area (see Map 12-2) is required to meet the site lighting standards in this subsection.
1. Intent. The intent of this provision is to encourage the use of lighting as an integral design component to
enhance buildings, landscaping, or other site features; increase night sky visibility and to reduce the
general illumination of the sky; reduce horizontal light glare and vertical light trespass from a
development onto adjacent parcels and natural features; and use lighting in conjunction with other
security methods to increase site safety.
2. Standards.
a. All site lighting shall meet dark-sky standards.
b. Site Lighting Levels. All publicly accessible areas shall be lighted with average minimum and maximum
levels as follows:
i. Minimum of one-half foot candle;
ii. Maximum (for high volume pedestrian areas and building entries) of four foot candles.
c. Lighting shall be provided at consistent levels, with gradual transitions between maximum and
minimum levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and
dark areas shall be avoided.
d. Parking area lighting fixtures shall be full cut-off (zero percent candlepower at ninety degrees
horizontal and ten percent maximum candlepower at eighty degrees from vertical), dark-sky rated,
and mounted no more than thirty feet above the ground, with lower fixtures preferable so as to
maintain a human scale.
e. Lighting for parking areas within three hundred feet of areas designated for residential uses shall be
on light standards not exceeding twenty feet or the height of any building situated between the
parking area and the area designated for residential use, whichever is taller.
f. Pedestrian-scaled lighting (light fixtures no taller than fifteen feet) is encouraged in areas of
pedestrian activity.
g. Lighting must not trespass onto adjacent private parcels, nor shall a light source (luminaire) be visible
at the property line. All building lights shall be directed onto the building itself and/or the ground
immediately adjacent to it. The light emissions shall not be visible above the roofline of the building.
h. Building wall mounted parking lot lighting is prohibited.
3. A lighting plan demonstrating compliance with these standards shall be submitted for review and
approval at time of submittal for any permit that includes site lighting.
Map 12-2: Central Waterfront Planning Area

A. General. An applicant may propose and the planning director, using the review process described in EMC
Chapter 15.02, may allow an applicant to deviate from the development standards of this chapter, provided
the proposal satisfies the general evaluation criteria in Chapter 15.03.
B. Standards that may be modified. The following standards in this chapter may be modified:
1. Building form standards;
2. Structured parking;
3. Weather protection;
4. Building transparency; and
5. Special design standards.

A. 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:
1. Is subject to any design standard or guideline established in this chapter; or
2. Involves discretionary design-related decisions, such as a modification of design standards, authorized in
this chapter; or
3. Involves design-related decisions to implement building façade requirements set forth in Section 12.040
of this chapter.
B. 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

changes to Title 19, please visit the Rethink Zoning Library at https://everettwa.gov/2453/Rethink-Zoning-Library.
Chapter 19.13 Specific Use Standards
Table of Contents
CHAPTER 19.13 SPECIFIC USE STANDARDS ................................................................................................................... 1
19.13.005 PURPOSE. ............................................................................................................................................. 1
19.13.010 MODIFICATION OF USE STANDARDS. ......................................................................................................... 1
19.13.020 ABOVE GROUND UTILITY AND COMMUNICATIONS FACILITIES. ........................................................................ 1
19.13.030 ADAPTIVE REUSE OF NONRESIDENTIAL BUILDINGS. ....................................................................................... 3
19.13.040 ADULT RETAIL BUSINESS REQUIREMENTS.................................................................................................... 4
19.13.050 ADULT USE BUSINESS REQUIREMENTS. ...................................................................................................... 6
19.13.060 AIRFIELDS, FLOAT PLANE FACILITIES, LANDING FACILITIES AND SPECIAL AVIATION USES. ...................................... 6
19.13.070 ALCOHOL PRODUCTION AND COFFEE ROASTERS. .......................................................................................... 7
19.13.080 CHURCHES, RELIGIOUS FACILITIES OR PLACES OF WORSHIP. ........................................................................... 7
19.13.090 COMMUNITY CENTER. ............................................................................................................................ 7
19.13.095 DRIVE-THROUGH FACILITIES. .................................................................................................................... 7
19.13.110 HAZARDOUS WASTE TREATMENT & STORAGE FACILITIES............................................................................... 9
19.13.120 HOSPITALS. ......................................................................................................................................... 10
19.13.130 JAILS & CORRECTIONAL FACILITIES........................................................................................................... 10
19.13.140 LIGHT AUTOMOBILE AND TRUCK SERVICE, BODY REPAIR AND PAINTING. ........................................................... 11
19.13.160 MARIJUANA. ....................................................................................................................................... 11
19.13.170 MINI CASINOS. .................................................................................................................................... 13
19.13.180 SCHOOLS. ........................................................................................................................................... 13
19.13.005 Purpose.
This chapter addresses specific non-residential uses which are included in the Use Tables of EMC 19.05. For the
specific uses identified in this chapter, there are additional, or specific regulations for the specific use.
19.13.010 Modification of Use Standards.

An applicant may propose, and the review authority may approve an applicant to deviate from the specific use
standards in this chapter. The modification request will use Review Process II described in EMC 15.02, Local Project
Review Procedures, unless the specific land use requires a higher-level review (e.g. Review Process III), in which
case, the modification request will be considered concurrent with the underlying land use decision.
19.13.020 Above Ground Utility and Communications Facilities.

A. Major utility and communications facilities shall be designed, landscaped or otherwise screened to ensure
compatibility with surrounding properties. Above ground utility and communications structures and antennas
shall be designed, constructed, painted and screened so as to blend with surrounding uses and buildings. The
review authority may impose additional restrictions on the location, setbacks, height, design, landscaping and
screening of above ground utility and communications facilities if necessary to minimize visual impacts and
promote greater compatibility with existing or planned uses on surrounding properties. Amateur radio tower
antennas shall be regulated by Section 19.22.090 and are not subject to review under this section.
B. Antennas associated with above ground utility or communications facilities shall be located on existing or
replacement towers or structures to the maximum extent technically feasible to discourage the proliferation
of tower structures. Installation or co-location of antennas on existing or replacement towers or structures
shall be preferred unless the proponent can demonstrate that a new structure is necessary to adequately
Ch. 19.13 Specific Use Standards 1 Planning Commission Recommendation (09/08/20)

serve the needs of the public. When proposed to be installed on an existing or replacement tower or structure
located in a nonresidential zone located at least three hundred feet (300’) from residential zones, facilities
which are subject to Review Process II shall be reviewed using Review Process I, subject to meeting all
requirements of this section. When proposed to be located on an existing or replacement utility or
communications structure or other nonresidential structure in a residential zone, Review Process II shall be
required.
C. Tower structures for above ground utility and/or communications facilities shall not be located in or within
three hundred feet of residentially zoned areas, in or within two hundred feet of gateway corridors (see Map
12-1 in EMC 19.12) as designated by the Everett comprehensive plan, or in or within two hundred feet of areas
under the jurisdiction of the shoreline master program, unless the applicant provides an analysis of alternative
sites and existing facilities which are technically feasible where the structure could be located or co-located
which demonstrates that the proposed facility cannot adequately serve the needs of the public for the
proposed utility or communications service in an alternative location. When location in or within two hundred
feet of a gateway corridor, or in or within two hundred feet of areas under the jurisdiction of the shoreline
master program, is necessary to serve the public need for utility or communications services, use of existing or
replacement utility and communications facilities is encouraged. When existing facilities are used or replaced,
addition to or replacement of existing structures may exceed the height of the existing facility by not more
than twenty feet.
D. When tower structures for above ground utility and/or communications facilities are proposed to be located
within three hundred feet of residentially zoned areas, in or within two hundred feet of gateway corridors as
designated by the Everett comprehensive plan, or in or within two hundred feet of areas under the jurisdiction
of the shoreline master program, zones which otherwise require Review Process II shall use Review Process III.
E. All utility and communication facilities shall be installed underground or within structures to the greatest
extent practical in order to maximize safety and minimize visual and noise impacts upon surrounding
properties. When it is not practical to install underground or within structures, all utility and communications
facilities shall be architecturally designed and screened so as to minimize visual impacts on and promote
compatibility with surrounding properties.
F. Above ground utility and communications facilities shall be designed so as to be the lowest height possible to
adequately serve the needs of the public for the proposed utility or communications service. The review
authority, in considering the proposed utility or communications facility, may allow antenna or tower height to
exceed the height permitted in the underlying zone without having to satisfy the variance approval criteria of
EMC 15.03. Approval may only be granted if it can be demonstrated that such height is necessary to
adequately serve the needs of the public for the proposed utility or communications service. The applicant
shall provide an evaluation of alternative designs and locations which could result in a lower tower or antenna
height.
G. Towers associated with above ground utility and communication facilities and all ancillary structures shall
comply with the setback standards of the zone in which the property is located; provided, that when allowed
to be located in or within two hundred feet of residential zones, the height of any tower shall not exceed the
horizontal distance between the base of the tower and the nearest residential property line. The review
authority, in considering the proposed utility or communications facility, may allow a lesser setback, without
having to satisfy the variance approval criteria of EMC 15.03.140, if it can be demonstrated that a lesser
setback is necessary to adequately serve the needs of the public for the proposed utility or communications
service, or that a lesser setback will result in better screening than in a location which meets the setbacks
required herein.
H. The above ground utility or communications facility shall be removed from the site should the use for such
purposes be discontinued for one hundred twenty days or more. The planning director shall have the
discretion, upon the request of the owner of the facility, to allow an extension of this time period to allow for
the use of the site by another utility or communications service provider.

I. Maintenance, repair, or replacement of existing utility or communications facilities or appurtenant structures
and the installation of minor above ground utility and communications facilities are exempt from this section.
This exemption includes replacement or increased heights of not more than twenty feet to accommodate
wireless telecommunications antennas. Utility and communications service providers are encouraged to locate
such facilities of a minor nature and small scale on existing or replacement structures, where technically
feasible, in preference to erecting new towers or structures for such purposes.
J. To the extent provided by law, the city may require utility or communications service provider to allow up to
two additional service providers to be located on shared facilities to discourage the proliferation of tower
structures, consistent with technological feasibility. The review authority may allow an additional twenty feet
in tower height per additional provider to accommodate co-location.
K. Utility or communications facilities which require towers for which safety lights are required by the FAA shall
not be permitted unless the applicant demonstrates that such a facility in the proposed location and at such a
height is necessary to adequately serve the needs of the public for the proposed utility or communications
service.
L. The planning director may require review by an expert third party who is approved by the city and the
applicant, to be paid for by the applicant, when needed for review of site-specific data submitted by the
applicant concerning technical aspects related to specific facilities and locations.
19.13.030 Adaptive Reuse of Nonresidential Buildings.

Purpose
The purpose of this subsection is to allow for adaptive reuse of nonresidential buildings in residential zones that
are functionally obsolete in order to improve the economic feasibility of a property by considering uses that are
not otherwise permitted, but which, if properly designed and managed, would not create unacceptable impacts on
surrounding properties or the immediate vicinity in general. This process differs from the unlisted use process
listed in EMC 19.05.070(B) in that uses that are not specifically authorized in the underlying residential zone may
be considered using the process described herein.
Procedures
Any request for adaptive reuse of nonresidential buildings shall be reviewed as set forth in Table 5-5 in EMC
19.05.120. If the property is outside a historic overlay zone but listed on a historic register or as a
contributing structure in a historic register district, the historical commission shall review the proposal and make a
recommendation to the Review Authority.
Circumstances
The city may allow a use in a residential zone that is not specifically allowed in that zone if it is necessary to
encourage adaptive reuse of a building under the following circumstances:
1. It is unlikely that the primary building on the subject property could be preserved if only uses permitted in
the underlying zone were allowed.
2. Allowing a different use would enhance the character of the building and immediate vicinity.
3. The use would not have a detrimental effect upon surrounding properties or the immediate vicinity.
Uses
The following uses may be considered for adaptive reuse of an existing building in a residential zone:
1. Dwelling units. Density based on underlying zoning plus one additional dwelling unit;
2. Assisted living facilities;
3. Libraries;
4. Museums and art galleries;
5. Social service facilities;
6. Public services;
7. Business incubators;

8. Artist studios;
9. Music venues;
10. Cafes and bistros;
11. Live-work units;
12. Bed and breakfasts;
13. Other uses not listed above if determined through the review process to be compatible with surrounding
properties and the immediate vicinity.
Review Criteria
The following criteria shall be used as the basis for determining compatibility with surrounding uses and approving,
denying, or conditionally approving a request to allow the adaptive reuse of a non-residential building in a
residential zone:
1. Evaluation criteria set forth in EMC 15.03.100.
2. The adaptive reuse would promote or aid in the preservation or rehabilitation of the primary building.
3. No significant adverse impacts to public safety.
4. Compliance with building and fire codes.
5. Hours of the day of proposed use or activity.
6. Proposed management and operational procedures to minimize and mitigate potential impacts.
7. Expansions to the primary building shall not exceed ten percent of the existing footprint or five hundred
square feet, whichever is greater, and will not detrimentally affect the outside character of the building.
8. Other factors not specified herein that would create adverse impacts to the immediate vicinity.
9. Any proposal that would adversely affect properties in the immediate vicinity shall be denied. The city
shall retain the right to revoke a permit issued under this section that fails to comply with any conditions
of approval of said permit, or which operates in a manner inconsistent with representations made in the
application, pursuant to Chapter 1.20.
19.13.040 Adult Retail Business Requirements.

A. An adult retail business shall not be located or maintained within two hundred fifty feet (250’), 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
Map 13-1.
C. An adult retail business shall not be located within one thousand feet (1,000’) of any other adult retail use
establishment or any adult use business.

Map 13- 1: Adult Retail Stores Prohibited

19.13.050 Adult Use Business Requirements.
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.
A. Adult use businesses shall be prohibited within one thousand feet (1,000’) of:
1. Any area of the city zoned for residential purposes; residential zones shall include the R-S, R-1, R-2, R-2(A),
UR3 and UR4 zones and any other residential zone hereafter adopted by the city.
2. Any religious facility or place of worship. For purposes of this section, land uses for which the principal
use is not a religious facility or place of worship 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 religious facility or place of worship.
3. 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.
4. 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.
5. Any designated community development block grant neighborhood.
B. Adult use businesses shall be prohibited from locating within five hundred feet (500’) of:
1. Any other adult use business.
2. Any existing establishment selling alcoholic beverages for consumption on premises.
C. 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.
D. 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.
E. 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.3 of this section locates within the required separation
distance, the zoning conformity of the legally established adult use shall not be affected.
F. Adult use businesses, panoram premises and public places of adult entertainment shall not be permitted
within the area defined in Map 13.1.
19.13.060 Airfields, Float Plane Facilities, Landing Facilities and Special Aviation Uses.
General provisions
1. All such facilities which are proposed shall be reviewed using Review Process IIIA.
2. Public or private airfields, airports and float plane facilities shall be developed in accordance with Federal
Aviation Administration requirements.
3. Public or private airfields, airports and seaplane facilities shall be designed and constructed in a manner
which has the least noise impact on surrounding properties, especially areas developed with or
designated for residential use.
4. Public or private airfields, airports and float plane facilities shall be located so as to avoid safety hazards
and minimize noise impacts, particularly on residential land uses.
Special Aviation Uses
Special aviation uses shall consist of helipads, including the establishment or modification of the use and any
supporting landing or communications facilities. Modification of a special aviation use shall include more flights or

increased environmental impact than was identified in the city’s decision (or, if not specified in the decision, then
the SEPA environmental document that served as a basis for the city’s decision).
1. Special aviation uses shall be reviewed under Review Process V, except for emergency airlift landing
facilities for existing hospitals which are subject to Review Process IIIA.
2. Facilities shall be located so as to avoid safety hazards and minimize noise impacts, particularly on
residential land uses.
3. Facilities shall be designed, constructed and operated in a manner that has the least noise impact on
surrounding properties, especially areas developed with or designated for residential use.
4. Facilities shall be developed in accordance with Federal Aviation Administration requirements.
19.13.070 Alcohol Production and Coffee Roasters.

Where permitted, the production of alcohol or roasting of coffee shall be designed and operated so as not to
create odor impacts to surrounding uses and shall comply with the odor regulations of the Puget Sound Clean Air
Agency.
19.13.080 Churches, Religious Facilities or Places of Worship.

A. New church structures, religious facilities or places of worship shall be located a minimum of fifteen feet (15’)
from adjacent residentially zoned properties.
B. Church buildings, religious facilities or places of worship shall comply with the height requirements of
the zone in which it is located.
C. Where churches, religious facilities or places of worship are located adjacent to local residential streets, the
parking lot entrances/exits shall be oriented toward the nearest collector or arterial street.
19.13.090 Community Center.

A. A community center shall be located adjacent to or within four hundred (400) feet of collector or
arterial streets.
B. A community center shall be located within one-quarter mile of transit routes.
C. Where a community center is located adjacent to local residential streets, the parking lot entrances/exits shall
be oriented toward the nearest collector or arterial street. The review authority may allow other means of
access through the review process to provide for safe circulation and emergency vehicle access.
D. Structures shall be located a minimum of twenty-five (25) feet from adjacent residentially zoned properties.
E. Community center buildings shall comply with the height requirements of the zone in which it is located;
however, the review authority may consider allowing a greater height provided the additional height is
necessary to accommodate the functional needs of the facility and that the facility is designed to be the lowest
height that will accommodate the functional needs.
F. All freestanding signs shall be monument signs with a maximum height of eight feet and shall include low
plantings around the base of the sign to make it a part of the landscape.
19.13.095 Drive-through Facilities.

A. Standards for service windows, order placing stations and holding lanes
All businesses with drive-up service windows shall meet the following standards:
1. Drive-through facilities, where permitted, including vehicle holding lanes, shall not be located closer to
the public street than the building located closest to the street, unless located 150 feet or more from the
street right-of-way. (See Figure 1.)
2. Holding lanes shall be designed and located so as to not obstruct off-street parking areas, loading areas or
pedestrian movement on the lot or adjoining lots.
3. Drive aisles, holding lanes, order stations and drive-up windows shall not be located within a required
setback or landscape area.

4. Drive-up service windows shall be located fifty (50) feet or more from lots located in residential zones.
5. Drive-up order placing stations shall be located one hundred (100) feet or more from lots located in
residential zones.
6. For restaurants, there shall be one outdoor waste receptacle provided for each eight parking spaces.
Figure 1: Drive-up Facilities
B. Vehicle holding and stacking

Vehicle holding and stacking for all drive-up service lanes shall be provided in accordance with the City Design
Standards.
C. Restricted locations for drive-through facilities – Metro Everett
1. Drive-through facilities are not allowed in the following areas of Metro Everett:
a. Streets designated as transit-oriented development (TOD) or pedestrian; or
b. Residential zones (UR3 and UR4).
2. Where drive-through facilities are permitted in Metro Everett are shown in Map 13-2.

Map 13- 2: Permitted Drive-through Areas
19.13.110 Hazardous Waste Treatment & Storage Facilities.

Hazardous waste treatment and storage facilities shall be permitted in accordance with the following
requirements:
Commercial Zones, Institutional Uses in Residential Zones
In the NB, B, MU 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.
Industrial Zones
In the LI1, LI2, HI 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.
19.13.120 Hospitals.
A. Vehicle, pedestrian and ambulance traffic shall be directed toward the nearest collector or arterial street and
away from local residential streets.
B. Hospitals and hospital-related structures shall be set back a minimum of fifty (50) feet from adjacent
residentially zoned lots.
C. Hospitals and hospital-related uses shall be screened from adjacent residentially zoned lots by
the landscaping requirements of Landscape Category B.
19.13.130 Jails & Correctional Facilities.

Permitted Use—Proportionality to Everett’s Population
1. 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”
2. 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.
3. 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.
4. 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 EMC 15.02, 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.

Locational Criteria
Subject to the provisions of this chapter, jails and correctional facilities shall be a permitted use in the MU 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 EMC 15.02, Local Project Review Procedures. Jails and
correctional facilities are not permitted uses in any other portion of the MU zone, nor in any other zone.
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.
19.13.140 Light automobile and truck service, body repair and painting.
Vehicle service and repair businesses shall comply with the following requirements:
A. All vehicle maintenance work shall be performed in an enclosed building when located within one hundred
fifty feet (150’) of lots located in residential zones. The garage doors of the building may not face toward the
residentially zoned properties.
B. Vehicle washing facilities are not permitted within fifty feet (50’) of residentially zoned lots.
C. Vehicles being serviced shall not be parked on public right-of-way.
D. Inoperable vehicles, used or discarded tires and vehicle parts shall be screened from view by a solid sight-
obscuring fence and landscaping as required by EMC 19.35.
19.13.160 Marijuana.
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.
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 LI1, LI2, and HI 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-2, R-2(A), UR3 or UR4 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.
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, MU, LI1, LI2 and HI zones;
3. Marijuana retailers may not locate in neighborhood business (NB) 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-2, R-2(A), UR3 or UR4 zones);

5. Marijuana retailers may not locate within one thousand (1,000) 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 (2,500) 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 EMC 15.02, finds the following:
There is a physical separation between the two uses, such as another commercial building, or a
substantial change in topography;
c. 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;
d. 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;
e. The residential use is located at least one hundred (100) 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:
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.
Decorative light fixtures with a diffuse visible light source or unusual fixture.
Decorative building materials, such as decorative masonry, shingle, brick, or stone.
Individualized patterns or continuous wood details, decorative moldings, brackets, trim or lattice
work, ceramic tile, stone, glass block, or similar materials.
Use of a landscaping treatment as part of the building’s design, such as planters or wall trellises.
Decorative or special railings, grill work, or landscape guards.
Landscaped trellises, canopies, or weather protection.
Sculptural or hand-crafted signs.
Special building elements, such as pilasters, entablatures, wainscots, canopies, or marquees that
exhibit nonstandard designs.
13. The maximum number of retail marijuana stores allowed in the city of Everett shall not exceed five.
Measurements
Distances provided under this section shall be measured as the shortest distance between the perimeters of the
parcels at issue.

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.
Establishment
For purposes of the two-thousand-five-hundred (2,500) 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.
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.
19.13.170 Mini Casinos.

The following regulations shall apply to mini-casinos:
A. The space devoted to gambling and gaming activity and support services (i.e., security) shall not be more than
eight thousand square feet. Other incidental uses such as restaurant or nightclub uses shall not be restricted
by the eight thousand square feet limitation if no gambling or gaming activity occurs within such space.
B. Mini casinos shall be located in:
1. A freestanding building; or
2. A unit in a larger development; provided, that the mini-casino is separated from all other uses by a lobby
or similar open space or common area from adjacent units in the development, and that there are no
other mini-casinos located within six hundred feet of the exterior walls of the building in which the mini-
casino is located.
C. Mini casinos shall not be permitted in the area shown on Map 13-1.
19.13.180 Schools.
A. This section applies to public and private elementary and secondary schools, colleges, universities and public
vocational education centers; it does not apply to private training schools such as beauty schools,
business colleges or technical training facilities, which shall be treated as commercial uses by this title.
B. Elementary and middle schools may be located on local or arterial streets. High schools shall be located
adjacent to or within four hundred (400) feet of collector or arterial streets.
C. Structures shall be located a minimum of twenty-five (25) feet from adjacent residentially zoned
properties. Buildings over twenty-five (25) feet in height shall have an additional setback of one (1) foot for
each foot over twenty-five (25) feet in height.
D. Temporary classrooms of any size, and accessory structures smaller than one thousand (1,000) square feet
shall be reviewed using Review Process I.

Instructions to reader: This is a new chapter in the Unified Development Code. For a summary of the effect of this
chapter from current standards, please visit the Rethink Zoning Library at https://everettwa.gov/2453/Rethink-
Zoning-Library.
Chapter 19.22 Building and Structure Heights
Table of Contents
CHAPTER 19.22 BUILDING AND STRUCTURE HEIGHTS ................................................................................................... 1
19.22.010 OVERVIEW. ........................................................................................................................................... 1
19.22.020 HEIGHTS FOR PRINCIPAL AND ACCESSORY BUILDINGS. ................................................................................... 1
19.22.030 WHERE HEIGHT REDUCTIONS ARE REQUIRED. ............................................................................................. 3
19.22.040 AIRPORT COMPATIBILITY AREA. ................................................................................................................ 4
19.22.060 HOW HEIGHTS ARE MEASURED. ............................................................................................................... 4
19.22.070 EXCEPTIONS FOR HEIGHTS IN INDUSTRIAL ZONES. ......................................................................................... 7
19.22.080 DEVELOPMENT HEIGHT INCENTIVES PROGRAM. ........................................................................................... 7
19.22.090 OTHER ACCESSORY STRUCTURES AND APPURTENANCE HEIGHT LIMITS. .......................................................... 11
19.22.100 MODIFICATION OF BUILDING HEIGHTS. .................................................................................................... 12
19.22.150 BUILDING HEIGHTS MAP. ...................................................................................................................... 13
19.22.010 Overview.
The standards in this chapter establish the maximum, and if applicable, minimum building and structure heights
for development within the city. The purpose of these standards includes:
• To promote a reasonable building scale and relationship between buildings within an area or zoning
district;
• To promote compatibility between areas with different height limits;
• To promote greater separation between uses that might not be compatible;
• To promote options for privacy for neighboring properties; and
• To promote additional heights in exchange for public benefits.
19.22.020 Heights for Principal and Accessory Buildings.

Maximum Building Heights
1. Principal Buildings. Maximum building heights for principal buildings are set forth in Map 22-1 and in
Table 22-1 below. A building must meet both standards in Table 22-1 (maximum floors and maximum
feet).
Table 22 - 1: Maximum Building Heights

Zone
Height Single-family Zones
Standard (R-S, R-1, R-2, R-2(A) UR31 UR4 NB B MU LI1 LI2 HI AG
Maximum See See See See See See See

n/a 4 3
Floors map map map map map map map
See See See See See See See

Maximum Feet 28’ 50’ map map map map map map map
35’
1
If located within an historic overlay, the maximum height is limited to three (3) floors or 38 feet in maximum
height, with the maximum height to the eaves at the side lot line 24 feet. (see Figure 22-1).
Ch. 19.22 Building and Structure Heights 1 Planning Commission Recommendation (09/08/20)
Figure 22-1: Where to measure eave height
2. Detached Accessory Residential Buildings and Accessory Dwelling Units. Maximum building heights for
detached accessory residential buildings and detached accessory dwelling units (DADUs) are set forth in
Table 22-2 below.
Table 22 - 2: Maximum Detached Accessory Residential Building and Accessory Dwelling Unit Building Heights
Zone
Development Single-family Zones
Site (R-S, R-1, R-2, R-2(A) UR3 UR4
1. 6:12 pitch roof or The greater of 2 floors, up to 28’

greater: 2 floors up to 24’ 2 floors, up to 28’ maximum or the height of the
Alley lots
2. Less than 6:12 pitch roof: maximum existing/proposed principal
1 ½ floors up to 18’ building
1 ½ floors up to 18’ 2 floors up to 24’
Non-alley lots 2 floors up to 24’ maximum
maximum maximum
3. Attached Accessory Building or Dwelling Unit Height Limits. Accessory buildings and dwelling units, which
are constructed as an integral part of the principal building and with a minimum attachment of ten (10)
feet to both the principal building and accessory building, may be constructed to the maximum height
allowed by the zone in which it is located provided that the attached accessory building meets all setbacks
required for the principal building.
4. See EMC 19.22.090 for height limits on other accessory uses and structures.
Minimum Building Heights
In order to encourage efficient use of property within Metro Everett, and along streets designated as Transit-
Oriented Development (see Map 33-1 in EMC 19.33), minimum building heights are required as set forth below.
Table 22 - 3: Minimum Building Heights

Zone or Street Designation
MU on TOD
Building Type UR3 UR4 MU Street
Principal Building 2 floors 2 floors 2 floors 4 floors
Accessory Building No minimum No minimum No minimum No minimum
Incentive Height Maximums
Where Map 22-1 includes a range of maximum building heights (e.g. 5 to 8 floors), the lower number is referred to
as the “Base Height Maximum” and the higher number is referred to as the “Incentive Height Maximum”. A
building may be built to the Base Height Maximum without application of the Development Heights Incentive
Program. See Development Height Incentives Program (EMC 19.22.080).
19.22.030 Where Height Reductions Are Required.

Intent
The following requirements are intended to promote compatibility between areas with different permitted heights
and different permitted uses. The following instances might require reduction in allowed building heights:
1. Where multifamily zones abut single family zones

2. Where commercial zones about single family zones
3. Where industrial uses abut single or multifamily zones
4. Where development is within the airport compatibility area
Height Reductions-Adjacency, Table
1. Table 22-4 requires height reductions where a development site is in a zone identified in Column A and
which abuts an adjacent zone shown in Column B. In these circumstances, the development must adhere
to the height limits in the adjacent zone (from Column B) for the distance specified in Column C. If the
proposed development abuts a residential zone that is not within the city limits, the height limits assumed
will be twenty-eight feet (28’).
2. The measurement of distance from the building to adjacent zone is from adjacent zone boundary, except
where the adjacent zone boundary is along the centerline of a street or alley, the measurement shall be
made from the property line across an alley or street in the adjacent residential zone.
3. See Figure 22-2 for illustration of how these reductions are applied.
Table 22-4: Height Reductions

Column A Column B Column C* Column E
Distance to
Zone(s) Match Height
(development to Adjacent
site) Adjacent Zone Zone Height Reduction
R-S, R-1, R-2
n/a n/a n/a
or R-2(A)
Height limited to height allowed in adjacent zone
RS, R-1, R-2 or
UR3 & UR4 35’ within 35’ (Column C), then height can meet height
R-2(A)
of the development zone (Column A).
Height limited to height allowed in adjacent zone
RS, R-1, R-2 or
NB 35’ within 35’ (Column C), then height can meet height
R-2(A)
of the development zone (Column A).
RS, R-1, R-2, R- Height limited to height allowed in adjacent zone
B & MU 2(A), UR3, or 50’ within 50’ (Column C), then height can meet height
UR4 of the development zone (Column A).
LI1 2(A), UR3, or 75’ within 75’ (Column C), then height can meet height
UR4 of the development zone (Column A).
LI2 2(A), UR3, or 100’ within 100’ (Column C), then height can meet
UR4 height of the development zone (Column A).
Column A Column B Column C* Column E
Distance to
Zone(s) Match Height
(development to Adjacent
site) Adjacent Zone Zone Height Reduction
HI 2(A), UR3, or 150’ within 150’ (Column C), then height can meet
UR4 height of the development zone (Column A).
* See EMC 19.22.060 for how this measurement is determined.
Figure 22-2: Building Height Reduction Illustration
This illustration shows the point of measurement with an alley This illustration shows the point of measurement when the building
abuts a single family zone without an alley. Ch. 19.06.020 requires
the building to be set back 10’ from the single family zone, as well.
19.22.040 Airport Compatibility Area.

In order to protect the health, welfare, safety and quality of life of the general public, property owners and aircraft
operators and to protect the long-term viability of Paine Field, new development within the Airport Compatibility
Area may be subject to height reductions. See EMC 19.17.
19.22.060 How Heights are Measured.

Overview
Building heights may be measured by the number of stories (floors) and/or by total feet permitted. Where the
height limits show both floors and feet, both standards must be met. Where maximum building heights are shown
in floors only, how the height of floors is calculated is explained in EMC 19.22.060(C).
Where Heights are Measured From
Where heights are measured from depends on the zone or location, and whether the site has alley access or
sloped and subject to Section B.4 below.
1. Commercial Zones. The height of buildings shall be measured from the average sidewalk elevation at the
front lot line or, where no sidewalk exists, the average of the record profile grade elevation of the street
abutting the principal frontage of the building, as determined by the public works department.
2. Industrial Zones. The height of buildings shall be the number of floors from the base elevation of a
building to the highest point of the roof, exclusive of building appurtenances.
3. Residential Zones. Building height measurements in residential zones depend on the zone and/or the
overlay that might be applied.
UR4 Zone. The height of buildings shall be measured from the average sidewalk elevation at the front
lot line or, where no sidewalk exists, the average of the record profile grade elevation of the street
abutting the principal frontage of the building, as determined by the public works department.
Historic Overlay Zones. Where a residential zone includes an Historic Overlay, the height of buildings
shall be measured from the average sidewalk elevation at the front lot line or, where no sidewalk
exists, the average of the record profile grade elevation of the street abutting the principal frontage
of the building, as determined by the public works department.
Other Residential Zones. The height of buildings shall be the number of floors and vertical distance
from the base elevation of a building to the highest point of the roof, exclusive of building
appurtenances.
4. Exceptions for Height Measurements. The following are exceptions to how heights are measured outlined
in Sections B.1-3 above.
Alley Access Accessory Buildings. Accessory residential buildings or detached accessory dwelling units
which are accessed from an alley shall measure building heights from the average alley elevation at
the rear lot line.
Steeper Sites. Any zone in which Figure 22- 3: Height Measurement for Steeper Sites
building heights are determined
based on the sidewalk elevation
at the front lot line and where a
site for development has a
difference in existing grade
between the sidewalk and
midpoint of the front setback
line of 5-feet or more, the height
shall be determined as the
number of floors and vertical
distance from the base elevation
of a building to the highest point
of the roof, exclusive of building
appurtenances.
5. Where to Measure Height Reductions From. Where height reductions are required for buildings due to
being adjacent to residential zones (see EMC 19.22.030), the measurement of distance from the building
to adjacent zone is from adjacent zone boundary, except where the adjacent zone boundary is along the
centerline of a street or alley, the measurement shall be made from the property line across an alley or
street in the adjacent residential zone. See Figure 22-2.
Where Building Heights are Measured To
Building heights are the vertical distance from the point identified in Section B above of a building to the highest
point of the roof, exclusive of building appurtenances. “Building appurtenance” means chimneys, steeples,
television and radio antennas, ham radio antennas, television dish antennas, flagpoles, and vent pipes in any zone,
and mechanical systems in zones other than single-family zones, and other similar features, excluding signs, which
are customarily located on or above the roof of a building.
What Floors Are Included in Height
1. The number of floors or stories shall Figure 22-4: When Basements are Included in Height
include all floors located above
where heights are measured from
(sidewalk or base elevation).
2. Basement. A story located below a
story which has its finished floor
surface more than 6 feet above the
point of height measurement
(sidewalk or base elevation) for 50%
or more of the total building
perimeter, shall be considered a
story.
3. Underground. Any floors
underground which are not counted
as a story in D.2. above, are not
included in the overall
Figure 22-5: Half Story Illustration
floor or story limits for
building heights.
4. Half Story. A half story
is a usable living space
within a sloping roof
(minimum pitch of
4:12), usually having
dormer windows for
lighting and where the
calculated total gross
floor area, not
counting floor area
with a net floor-to-
ceiling distance less
than 5’, is no greater
than 75% of the floor
below.
How High is a Floor or
Story
1. Total Floor or Story Calculation. The number of floors shall be calculated as follows:
Commercial and Industrial Zones.
i. First floor: fifteen feet.
ii. Upper floors: ten feet
Residential Zones. All floors calculated at ten feet
2. How to calculate floors with different heights.
Any habitable floor with a height less than the numbers shown above shall be considered a floor. For
example, a building in a commercial zone with a first floor height of twelve feet and four upper floors
of nine feet is considered five floors.
Any floor with a height greater than shown above is allowed but shall be calculated as a fraction of
the floor limits. For example, a building with five upper floors each measuring twelve feet would
count as six floors (5 x 1.2 = 6) for determining maximum floor height limits.
3. Fractions. Any fractions shall be rounded down to the next whole number, except that when this
computation results in a fraction which equals 0.5 or larger, the number is rounded up to the next whole
number. For example, a calculation of 6.4 floors is rounded down to six floors, while a calculation of 6.5
floors is rounded up to seven floors. A residential building with two floors at 14 feet would be considered
a three-floor building (2 x 1.4 = 2.8, or three floors).
19.22.070 Exceptions for Heights in Industrial Zones.

In those areas zoned for industrial use, additional heights are sometimes necessary to accommodate industrial
activities. The following provisions allow for additional heights above what is shown in Map 22-2.
Industrial Zones along Waterfront
For those areas zoned Industrial and waterward of the BNSF rail tracks, with access to the marine shorelines or the
Snohomish River shown in Map 22-2 below, an additional two (2) floors may be approved with Review Process III
after review of a viewshed analysis that demonstrates the following:
1. The increased height is necessary to support water dependent industrial activities on the property;
2. The increased height will not obstruct the view of a substantial number of residences for those areas
adjoining the shoreline; and
3. The increased height will not cause adverse impact on views from adjoining public parks or public open
spaces.
Industrial Zones near Paine Field
Aircraft manufacturing plants are permitted to have a building height of one hundred sixty (160) feet within the
Paine Field Airport Compatibility Area.
19.22.080 Development Height Incentives Program.

A. Purpose
The intent of the development height incentives program established in this section is to allow additional building
height in exchange for the developer’s contribution to programs set forth in this section.
B. Overview
Maximum building heights for principal buildings are set forth in Map 22-1. Where Map 22-1 includes a range of
maximum building heights (e.g., five to eight floors), the lower number is referred to as the “base height
maximum” and the higher number is referred to as the “incentive height maximum.” A building may build to the
base height maximum without application of the development height incentives program. In order to achieve the
incentive height maximum, a development must comply with this section.
C. How to Receive Additional Heights
The maximum building height of a principal building may be increased to the incentive height maximum indicated
in Map 22-1 when development meets one or more of the program options and requirements set forth in Table
22-5. These options permit an increase in floor heights as indicated and may be combined with more than one
public benefit for additional floor heights, not to exceed the incentive height maximum indicated in Map 22-1.
Table 22 - 5: Development Height Incentive Standards

Benefit Provided Height Incentive Offered
Housing
5:1
Affordable housing provided on or off site 5 sq. ft. additional floor area for each 1 sq.
ft. of affordable housing
Benefit Provided Height Incentive Offered
2:1
Fee-in-lieu-of (affordable housing) 2 sq. ft. additional floor area for each 1 sq.
ft. of affordable housing
Historic Building Preservation

5:1
Transfer of development rights from place
5 sq. ft. for each 1 sq. ft. of development
on city register of historic places
rights transferred from historic place
Green Building
Gold – 50% of the incentive height
Buildings certified by Green Building maximum
Council or equivalent Platinum – 100% of the incentive height
maximum
Public Parking
Dedicated public parking (above ground
4:1
floor in structured parking)
4 sq. ft. for each 1 sq. ft. of public parking
(This incentive is only offered in Metro
dedicated for public use (deed restricted)
Everett)
Dedicated public parking (below ground) 6:1

(This incentive is only offered in Metro 6 sq. ft. for each 1 sq. ft. of public parking
Everett) dedicated for public use (deed restricted)
Public Art
1:1
Contribution to city’s public art fund or
1 sq. ft. of additional floor area for each
art provided and located as approved by
square foot of fees provided based on
Everett cultural arts commission
Section (D)(9) below
Agricultural Land Preservation

5,000 square feet of additional floor area
Transfer of development rights from
for each certified development right
agricultural resource lands
transferred
Parks, Outdoor and Common Areas

1:2
Public Parks 1 sq. ft. for each 2 sq. ft. of public park
dedicated or improved
1:1
Additional Outdoor and Common Areas
1 sq. ft. for each 1 sq. ft. of public open space
D. Requirements for Height Incentive Program

1. General. In order to receive the additional heights shown in Table 22-5 above, development must meet
the following requirements for the applicable incentive.
2. Affordable Housing.
“Affordable housing” means residential housing for low- and moderate-income households as
defined in EMC 3.78 regarding multifamily housing property tax exemption.
Affordable housing can be provided on site or off site, or a payment in lieu of providing affordable
housing can meet this requirement.
Rent/Sale and Income Restricted. Any development which receives a height bonus by providing
affordable housing shall be required to record a deed restriction which will restrict the rent or sale of
the housing units to those households whose income qualifies for this program. The length of the
deed restriction shall be no less than fifty years.
Fee-in-Lieu-of Program. A fee in lieu of, at a reduced ratio of two to one, may be approved by the
planning director. See subsection 9 of this section.
3. Historic Building Preservation.
A development project may provide for the preservation of historic resources through the city’s
transfer of development rights program.
The development rights must be obtained from a building on the city of Everett’s register of historic
places.
Any improvements to buildings from which development rights are transferred will be required to
meet city requirements for historic buildings as set forth in a development agreement approved by
the planning director.
4. Green Building.
Additional building height is allowed for buildings certified by the U.S. Green Building Council, or
equivalent standards.
Any use of equivalent green building standards must be approved by the planning director.
If certification has not been achieved at the time the first certificate of occupancy is issued for the
building, the developer shall post a performance bond in a form acceptable to the city. The
performance bond shall be based on the value of land per square foot of building in the area of the
city in which the proposed development is located. The developer will forfeit the performance bond if
green building certification is not achieved within one year of the city’s issuance of the certificate of
occupancy. The city reserves the right to use the funds for any purpose, including but not limited to
green building improvements to publicly owned buildings.
5. Public Parking.
Where Available. This height incentive is only available in Metro Everett.
Building Use and Public Parking.
i. Residential Parking Spaces. Parking spaces that serve residences during the evening must be
made available to the public between seven-thirty a.m. and five-thirty p.m.
ii. Nonresidential Parking Spaces. Parking spaces that are dedicated to nonresidential use during
the day shall be made available to the public between the hours of five-thirty p.m. and one a.m.
Fees. Reasonable, market-rate fees may be charged for public parking. A fee schedule shall be
submitted to the planning director annually for review and approval.
Term. The property owner will be required to record deed restrictions that show that the city will
retain a permanent interest in the public parking as long as the building is occupied. The form and
conditions of the deed restrictions must be approved by the city and will be required before a final
certificate of occupancy.
6. Public Art.
To receive an incentive height bonus for public art, a developer must contribute fees set forth in
subsection 9 of this section to the city of Everett municipal arts fund. In lieu of providing the financial
contribution to the fund, the city’s cultural arts commission may approve public art to be completed
by the developer; provided, that the value of that art equals the fees set forth in subsection 9 of this
section.
All public art shall include a maintenance plan to ensure the public art is properly funded and
maintained.
7. Agricultural Land Preservation.
A development height incentive may be provided where a development severs the development
rights from the fee interest of property that is designated as “agricultural lands of long-term
commercial significance” by Snohomish County.
The development rights being acquired must be certified by Snohomish County.
Each agricultural development right which is acquired shall entitle the developer to five thousand
square feet of additional floor area.
In order to implement this program cooperatively with Snohomish County, the city of Everett adopts
Chapter 365-198 WAC, as now or hereafter amended, by reference.
8. Parks, outdoor and common area
To receive an incentive height bonus for public parks, a developer must either:
i. Dedicate land to the city as approved by the parks director, mayor and city council; or
iii. Improve an existing public park or open space, or provide funds in-lieu-of improvement, in an
amount that is equivalent in value of a land dedication, and as approved by the parks director.
To receive an incentive height bonus for outdoor and common areas, the developer shall provide
outdoor and common areas in addition to the minimum requirements set forth in EMC 19.09.050.
9. Fee-in-Lieu-Of.
When Allowed. Where a fee in lieu of is allowed, the determination of the fee must follow the
requirements set forth in subsection 9.b of this section.
Fee Calculation.
i. The in-lieu-of fee is based on the bonus provided. For example, if a developer wishes to pay an
in-lieu-of fee to support two floors of affordable housing in return for four bonus floors, the fee is
based on the two floors of affordable housing.
ii. The in-lieu-of fee, as of July 1, 2020, is based on the zoning designation and values set forth
below. The fee will be adjusted annually based on the adjustment process set forth in EMC
16.72.020.
(1) Mixed Urban zone: seven dollars and fifty cents per square foot.
(2) Light industrial zone(s): six dollars per square foot.
(3) Multifamily (UR3 & UR4) zones: five dollars per square foot.
Fee calculation example No. 1: A developer wishes to provide a fee in lieu of providing affordable
housing in the urban mixed zone. The developer wishes to support two floors of affordable
housing, which would provide a height bonus of four additional floors. The floorplates of the
upper floors are seven thousand five hundred square feet. The in-lieu-of fee would be one
hundred twelve thousand five hundred dollars based on 2020 rates. (2 x 7,500 x $7.50 =
$112,500.) In this example, the developer would have four additional floors, or thirty thousand
square feet of gross floor area, in exchange for an affordable housing fee of one hundred twelve
thousand five hundred dollars.
Fee calculation example No. 2: A developer wishes to build one additional floor and provide to
the city’s public art fund. The gross floor area of that incentive floor is seven thousand five
hundred square feet. The in-lieu-of fee would be fifty-six thousand two hundred fifty dollars
based on 2020 rates. (7,500 x $7.50 = $56,250.)
City Funds. Any fees accepted by the city shall be deposited into city funds to be used for the purpose
for which they were deposited. The city will annually account for the deposit and expenditure of the
funds provided in lieu of the developer providing the required benefit.
19.22.090 Other Accessory Structures and Appurtenance Height Limits.
Antennas.
1. Except for amateur radio towers and antennas as set forth in A.2 below, 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:
Do not exceed the height of sixty-five feet above the base elevation of the principal building;
Are located and constructed in a manner that will prevent it from falling onto adjoining properties;
Do not interfere with nearby utility lines, etc.;
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 Review Process II 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:
Be located and constructed in a manner that will prevent it from falling onto adjacent properties;
Not interfere with nearby utility lines;
Not be located within any required setback area.
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.
Places of Worship and Steeples
Places of worship shall comply with the height requirements of this chapter. Steeples may exceed the maximum
building height.
Flags
The maximum height of flagpoles shall be in accordance with the height standard on that property. (See EMC
19.36.030 for additional standards for size of flags.)
Signs
See EMC 19.36.040 for height of freestanding signs.
Towers for Above Ground Utility and Communication Facilities
Towers associated with above ground utility and communication facilities and all ancillary structures, that when
allowed to be located in or within two hundred feet of residential zones, the height of any tower shall not exceed
the horizontal distance between the base of the tower and the nearest residential property line.
19.22.100 Modification of Building Heights.
A. General
An applicant may propose and the planning director, using the Review Process II described in Title 15, Local Project
Review Procedures, may allow an applicant to deviate from the building height standards, provided the proposal
satisfies the evaluation criteria of this subsection. In evaluating such a proposal, the planning director, using the
criteria in subsection (C) below, shall determine if the alternative design or plan provides superior results to that
which would be required by compliance with the development standards of this chapter.
B. Building Height Standards that can be modified
1. The following development standards in this chapter can be modified:
a. Minimum building heights
b. How heights are measured, provided, however, that a view analysis is required if visible from
adjoining properties
2. The following development standards cannot be modified:
a. Maximum Building Heights (Table 22-1)
b. Maximum Accessory Residential Building and Accessory Dwelling Unit Building Heights (Table 22-2)
C. Evaluation Criteria for Modification
See EMC 15.03.060.
19.22.150 Building Heights Map.
Map 22 - 1: Maximum Building Heights Map*
* The building height map at a scale of 1:24,000 or higher can be viewed at the city planning office or in the map gallery of
the city’s website.
Map 22 - 2: Industrial Waterfront Height Increase Area
Zoning-Library.
Chapter 19.24 Land Division Administration
Table of Contents
CHAPTER 19.24 LAND DIVISION ADMINISTRATION ...................................................................................................... 1
19.24.010 PURPOSE. ............................................................................................................................................. 1
19.24.020 AUTHORITY. .......................................................................................................................................... 1
19.24.030 JURISDICTION. ....................................................................................................................................... 1
19.24.040 DIVISIONS OF LAND—COMPLIANCE REQUIRED. ............................................................................................ 1
19.24.050 BOUNDARY LINE ADJUSTMENTS—COMPLIANCE. .......................................................................................... 2
19.24.060 EXEMPTIONS. ........................................................................................................................................ 2
19.24.070 EFFECT OF NONCOMPLIANCE. ................................................................................................................... 2
19.24.080 ILLEGAL TRANSFERS—FILING UNAPPROVED DIVISION OF LAND OR BOUNDARY LINE ADJUSTMENT. .......................... 2
19.24.090 VIOLATION—PENALTY. ........................................................................................................................... 3
19.24.100 DEFINITIONS. ........................................................................................................................................ 3
19.24.010 Purpose.
The purpose of this chapter is to regulate the division of land and to promote the public health, safety, and general
welfare in accordance with standards established by the state (RCW 58.17) and city; to promote orderly
development and the efficient use of land; to provide a range of housing options that may not be possible through
a traditional single-family subdivision; to provide for adequate light and air; to provide for adequate provisions for
water, sewer, fire protection, parks and recreation areas, sites for school and school grounds and other public
requirements; to provide safe and efficient vehicular access; to facilitate non-vehicular travel modes; to provide
safe pedestrian routes to local schools; to provide for the expeditious review and approval of developments that
may require a division, redivision, alteration, vacation or a boundary line adjustment of land; to adequately
provide for the housing and commercial needs of the citizens of the city; to promote design that is compatible with
the natural environment; to implement the comprehensive plan; and to require uniform monumenting of land and
conveyancing by accurate legal description.
19.24.020 Authority.
These regulations are authorized by Chapter 58.17 RCW and other applicable state laws and city ordinances.
19.24.030 Jurisdiction.
These regulations shall apply to all divisions, redivisions, alterations or vacations and boundary line adjustments of
all lands within the incorporated area of the city of Everett.
19.24.040 Divisions of land—Compliance required.

Every division, redivision, alteration or vacation of land into lots, tracts, parcels, sites or divisions for the purpose of
sale, lease or transfer of ownership shall proceed in compliance with the provisions of state law, chapters 19.24 -
19.27, and this title. All contiguous parcels of land under common ownership, regardless of date of acquisition or
location in different lots, tracts, parcels, sites, tax lots or separate government lots that are subject to a division of
land shall constitute a single application. Multiple applications or applications and/or exemptions shall not be
utilized as a substitute for a comprehensive development approach in accordance with the requirements of EMC
15, Local Project Review Procedures.
Ch. 19.24 Land Division Administration 1 Planning Commission Recommendation (09/08/20)

19.24.050 Boundary line adjustments—Compliance.
Every adjustment of a boundary line on a lot or lots, tracts, parcels or sites shall proceed in compliance with the
provisions of chapters 19.24 - 19.27 and this title. The boundary line adjustment process shall not be utilized as a
substitute for a comprehensive development application for a division of land. All boundary line adjustments shall
be subject to the requirements and review process as defined in EMC Title 15.
19.24.060 Exemptions.
A. The provisions of chapters 19.24 - 19.27 and this title shall not apply to:
1. Cemeteries and other burial plots while used for that purpose;
2. A division made by testamentary provisions or the laws of descent;
3. A division for the purpose of lease when no residential structure other than mobile homes, tiny houses or
tiny houses with wheels as defined in RCW 35.21.686, or travel trailers are to be placed upon the land
when a binding site plan has been approved by the city for the use of the land;
4. A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted
lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot,
tract, parcel, site, or division which contains insufficient area and dimension to meet minimum
requirements for width and area for a building site;
5. Divisions of land into lots or tracts classified for industrial or commercial use when the city has approved a
binding site plan for the use of the land in accordance with chapters 19.24 - 19.27 and this title;
6. A division for the purpose of leasing land for facilities providing personal wireless services while used for
that purpose. "Personal wireless services" means any federally licensed personal wireless service.
"Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless
communication services including, but not necessarily limited to, antenna arrays, transmission cables,
equipment shelters, and support structures;
7. A division of land into lots or tracts of less than three acres for "electric utility facilities" as authorized in
RCW 58.17; provided the facility complies with all other city zoning and development regulations; and
8. Divisions of land into lots or tracts where condominiums are being created under 64.32 or 64.34 RCW,
and subject to the applicability requirements of RCW 58.17.040.
B. The exemptions provided herein shall not be construed as exemptions from compliance with all other
applicable standards required by the city and state.
19.24.070 Effect of noncompliance.

No building permit or other development permit including approvals for preliminary division of land or boundary
line adjustment shall be issued for any lot or parcel of land divided in violation of Chapter 58.17 RCW, chapters
19.24 - 19.27 or this title. All purchases or transfers of property shall comply with the provisions of Chapter 58.17
RCW, chapters 19.24 - 19.27, and this title, and each purchaser or transferee may recover damages from any
person, firm, corporation or agent selling or transferring land in violation of Chapter 58.17 RCW, chapters 19.24 -
19.27, or this title, including any amount reasonably spent as a result of an inability to obtain any development
permit and spent to conform to the requirements of Chapter 58.17 RCW, chapters 19.24 - 19.27, and this title as
well as the cost of investigation, suit and reasonable attorney’s fees. A purchaser or transferee may, as an
alternative to conforming the property to these requirements, rescind the sale or transfer and recover the cost of
investigation, suit and reasonable attorney’s fees.
19.24.080 Illegal transfers—Filing unapproved division of land or boundary line adjustment.

The county auditor shall refuse to accept the recording of any division, redivision, alteration or vacation of land or
boundary line adjustment that has not been approved by the city in accordance with the provisions of chapters
19.24 - 19.27 and this title. Should any division, redivision, alteration or vacation of land or boundary line

adjustment be filed without such certification as set forth in chapters 19.24 - 19.27 and this title, the city attorney
may apply for a writ of mandate on behalf of the city directing the auditor to remove the unapproved division of
land, alteration or vacation, or boundary line adjustment from the auditor’s files.
19.24.090 Violation—Penalty.
A. Violation.
1. Any person, firm, corporation, or association, or any agent of any person, firm, corporation or association,
who violates any provision of chapters 19.24 - 19.27 and this title shall be subject to the enforcement
procedures provided by EMC Chapter 1.20, as amended.
2. Any violation of the provisions of chapters 19.24 - 19.27 and this title constitutes a public nuisance which
the city can abate by an action in Snohomish County superior court. The cost of such action shall be
assessed against the violator.
B. Exception.
If performance of an offer or agreement to sell, lease, or otherwise transfer a lot, tract, or parcel of land following
preliminary approval of a division of land is expressly conditioned on the recording of the final maps containing the
lot, tract, or parcel under chapters 19.24 - 19.27 and this title, the offer or agreement is not a violation of any
provisions of chapters 19.24 - 19.27 and this title. All payments on account of an offer or agreement conditioned as
provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to
sellers shall be permitted until the final maps are recorded.
1. “Alteration” means any alteration of a recorded subdivision or short subdivision or portion thereof,
except as provided in RCW 58.17.040(6) and EMC 15, Local Project Review Procedures, that would alter,
redesign or eliminate a public street, easement access drive, common ownership area(s), greenbelt(s),
environmentally sensitive area(s), open space tract(s), and restrictive covenant(s) required by the city to
be shown on the face of the final plat or short plat map.
2. “Applications, multiple” means more than one application for a division of land submitted on the same
property, contiguous property or on property that is currently being reviewed or has been granted
preliminary approval by the city.
3. “Binding site plan” means the division or redivision of land into lots, tracts, parcels, sites or divisions for
the purpose of sale, lease, or transfer of ownership with a site plan, as authorized by RCW 58.17.035.
4. “Binding site plan map” means a final drawing to scale which identifies and shows the areas and locations
of all streets, roads, improvements, utilities, open spaces, and any other matters required by the city to
be identified, and which contains:
a. Inscriptions or attachments setting forth such appropriate limitations and conditions for the use of
the land as established by the city;
b. Provisions requiring any development to be in conformity with the site plan;
c. Provisions in which an applicant can offer for sale, lease, or transfer of ownership of lots, parcels,
tracts or sites;
d. Provision for including required dedications;
e. Requirements for filing for record with the county auditor; and
f. All elements and requirements set forth in state law and in chapters 19.24 - 19.27 and this title.
5. “Block” means a group of lots, tracts, parcels, or sites within well-defined and fixed boundaries.
6. “Boundary line adjustment” means an adjustment of lot lines represented by platted or unplatted lots, or
both, which does not create any additional lot, tract, parcel, site or division of land, nor create any lot,
tract, parcel, site, or division of land which contains insufficient area and dimension to meet minimum
requirements specified by the Everett zoning code for lots, tracts, parcels, sites or division of land.

7. “Boundary lines” means lot lines that separate and establish an area with fixed limits for lots, tracts,
parcels, or sites.
8. “Boundary line adjustment map” means a drawing to scale showing all the required information as
specified by chapters 19.24 - 19.27 and this title for boundary line adjustments.
9. “Certificate” means a report by a title insurance company certifying that the title of lands as described
and shown on the map for the proposed division of land is in the name of the owners signing the
declaration of ownership and final division map.
10. “City standards” means the city of Everett public works department design and construction standards
and specifications.
11. “Common ownership” means an ownership by the same person, corporation, firm, entity, partnership, or
unincorporated association; or ownership by different corporations, firms, partnerships, entities, or
unincorporated associations in which a stockbroker, partner, or associate, or a member of his family owns
an interest in each corporation, firm, entity, or unincorporated association.
12. “Condominium” means real property, portions of which are designated for separate ownership and the
remainder of which is designated for common ownership solely by the owners of those portions. Real
property is not a condominium unless the undivided interests in the common elements are vested in the
unit owners, and unless a declaration, a survey map and plans have been recorded pursuant to Chapter
64.32 RCW, the Horizontal Property Regimes Act, and Chapter 64.34 RCW, the Condominium Act.
13. “Contiguous Property or Land.” A lot, tract, parcel or site shall be considered contiguous when at least
one boundary line of one lot, tract, parcel or site touches a boundary line or lines of another lot, tract,
parcel or site, either along a common line or at any point.
14. “Contiguous Property Owner(s).” An owner of a lot, tract, parcel or site shall be considered contiguous
when at least one boundary line of one lot, tract, parcel or site touches a boundary line or lines of another
lot, tract, parcel or site in a proposed application for a division of land. If the proponent of the application
for a division of land has lots, tracts, parcels or sites under common ownership that are contiguous to the
proposed application, he/she shall not be considered to be a contiguous property owner.
15. “Dedication” means the deliberate appropriation of land by its owner for any general and public use,
reserving to himself or herself no other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted.
16. “Dedicatory statement” means a statement or representation on the final division map of those
conditions and restrictions required to appear on the face of the final division map as a condition of
approval.
17. “Division of land” means any segregation of land that creates lots, tracts, parcels, or sites not otherwise
exempted by chapters 19.24 - 19.27 and this title which alters or affects the shape, size or legal
description of any part of the owner’s land.
18. “Encroachment” means any physical appurtenance including, but not limited to, buildings, walls, roof
overhangs, fences and hedges that has been established across a lot line of record. Within the context of
a land division action or boundary line adjustment, such a physical appurtenance shall be considered an
encroachment if any portion of the structure is located on a lot that is not subject to the land division or
boundary line adjustment action. The term “gap” shall be distinguished from an encroachment.
19. “Final approval” means the final official action taken by the city on a proposed division of land where all
the conditions of preliminary approval have been met.
20. “Final binding site plan map” means the final permanent reproducible binding site plan map prepared for
filing for record with the county auditor, which meets all the standards as specified in chapters 19.24 -
19.27 and this title.
21. “Final short plat map” means the final permanent reproducible drawing of a short subdivision prepared
for filing for record with the county auditor.
22. “Final plat map” means the final permanent reproducible drawing of a prepared subdivision and
dedication required for filing for record with the county auditor.

23. “Final unit lot short subdivision” means the final permanent reproducible drawing of a prepared unit lot
short subdivision and dedication required for filing for record with the county auditor.
24. “Final unit lot subdivision” means the final permanent reproducible drawing of a prepared unit lot
subdivision and dedication required for filing for record with the county auditor.
25. “Gap” means the area between a lot line of record and a physical appurtenance creating an apparent
property line which is beyond the lot line of record of the property subject to a land division or boundary
line adjustment action.
26. “Improvement” means any structure or work constructed including, but not limited to, roads, storm
drainage systems, sanitary sewage facilities, water mains, parks, and pedestrian and landscaping
improvements.
27. “Open record public hearing” means an open public hearing as defined by Title 15 of this code, Local
Project Review Procedures.
28. “Panhandle lot” means a lot where access is provided to the bulk of the lot by means of a narrow strip of
land which functions primarily to provide access and/or utilities to the lot and which has insufficient
remaining width to permit a dwelling unit.
29. “Parent lot” means a lot proposed for, or which has been, further divided into additional lots, tracts or
parcels.
30. “Person,” for the purpose of chapters 19.24 - 19.27 and this title, shall include, but not be limited to, the
following: individuals, corporations, associations and partnerships.
31. “Phasing plan” means a plan approved by the city for incremental installation of public and private
improvements.
32. “Preliminary approval” means an official action on a proposed division of land that refers to placement of
specific conditions which must be complied with before final approval may be granted.
33. “Preliminary plat, short plat and binding site plan” means a neat and approximate drawing of a proposed
division of land showing the general layout of streets, lots, blocks, existing and proposed easements, and
other elements consistent with the requirements of chapters 19.24 - 19.27 and this title.
34. “Private access drive” means a road in private ownership utilized principally for providing access to lots,
tracts, parcels or sites from an improved public right-of-way.
35. “Private access drive lot” means any lot whose principal means of access is from an easement access
drive.
36. “Redivision” means the division of land in an approved subdivision, short subdivision, or binding site plan.
37. “Restrictive covenant” means a restriction or control imposed on the use of land other than by a
condition or easement. A restrictive covenant runs with the land and may be placed on the face of the
final division map or filed separately at recording of the final division maps.
38. “Request for final approval” means a request made by the applicant for final approval of a division of
land, when the applicant has completed all the requirements of preliminary approval.
39. “Short subdivision” means the division or redivision of land into nine or fewer lots, tracts, parcels, sites or
divisions for the purpose of sale, lease, or transfer of ownership.
40. “Subdivision” means the division or redivision of land into ten or more lots, tracts, parcels, sites or
divisions for the purpose of sale, lease, or transfer of ownership.
41. “Suitable guarantee” means an acceptable guarantee to the city to insure performance and/or warranty
of improvements.
42. “Survey” means a survey of the proposed division of land or boundary line adjustment along with the
preparation of the required maps done by or under the supervision of a registered land surveyor in the
state of Washington. The division of land or boundary line adjustment map that is to be prepared shall be
a true and correct representation of lands actually surveyed in accordance with RCW 58.17.250, chapters
19.24 - 19.27 and this title.
43. “Topography” means an actual field topography survey showing on a map the relative positions and
elevations of the land done by or under the supervision of a registered land surveyor in the state of

Washington. All topography surveys must be done per city of Everett datum and must show the location
of bench marks used.
44. “Unit lot short subdivision” means the division or redivision of land authorized by Chapter 19.27 into nine
or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
45. “Unit lot subdivision” means the division or redivision of land authorized by Chapter 19.27 into ten or
more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership.
46. “Vacation” means any eradication of lot lines or elimination of any area designated or dedicated for
public use within a recorded subdivision or short subdivision or portion thereof, except as provided for in
the city’s boundary line adjustment ordinance and in accordance with the city street vacation ordinance
and EMC Chapters 35.79 and 36.87 RCW.

Zoning-Library.
Chapter 19.25 Land Division General Evaluation Criteria
Table of Contents
CHAPTER 19.25 LAND DIVISION GENERAL EVALUATION CRITERIA .................................................................................... 1
19.25.010 APPLICABILITY AND OTHER CITY CODES AND REGULATIONS. ............................................................................. 1
19.25.020 GENERAL EVALUATION CRITERIA—BINDING SITE PLAN AND SITE PLAN APPROVAL. ............................................... 1
19.25.030 GENERAL EVALUATION CRITERIA—BOUNDARY LINE ADJUSTMENTS. ................................................................. 2
19.25.040 EVALUATION CRITERIA—SUBDIVISION, SHORT SUBDIVISION, UNIT LOT LAND DIVISION, ALTERATION OR VACATION. ...3
19.25.010 Applicability and other city codes and regulations.

All land divisions and boundary line adjustments shall be reviewed under the general evaluation criteria in this
section. Other applicable codes and regulations include but are not limited to:
• City of Everett Design and Construction Standards and Specifications (DCSS)
• Title 13 Everett Municipal Code, Streets and Sidewalks
• Title 14 Everett Municipal Code, Water and Sewers
• International Fire Code, as currently adopted
• Shoreline Master Program (2019, or as updated)
19.25.020 General evaluation criteria—Binding site plan and site plan approval.
An application that complies with all of the following general evaluation criteria listed below, the requirements of
chapters 19.24 - 19.27 and this title, and applicable city standards shall be approved. An application that does not
comply with these criteria shall be denied by the city.
A. Comprehensive Plan.
The proposed binding site plan, site plan and other application information proposed for development shall
conform to the general purposes of the comprehensive plan.
B. Zoning and Unified Development Code.
The proposed binding site plan, site plan and other required application information shall meet the requirements
of the Everett Unified Development Code, except as permitted by the design and development provisions of this
chapter and except as provided in Chapter 19.06.080.
C. Natural Environment.
The binding site plan, site plan and other required application information shall meet the requirements of critical
area regulations of Chapter 19.37 and Chapter 19.43 of this title; and the State Environmental Policy Act, Chapter
197-11 WAC.
D. Public Services.
The proposed project shall be designed to meet the following:
1. Adequate water supply to city standards;
2. Adequate sewage disposal to city standards;
3. Appropriate surface water management to city standards;
4. Adequate fire protection and hydrants to city standards;
5. Appropriate access to city standards for or to all anticipated uses within the project;
6. Provisions for all appropriate deeds, dedications, and all other easements; and
Ch. 19.25 Land Division General Evaluation Criteria 1 Planning Commission Recommendation (09/08/20)
7. Provisions made for access to and maintenance of all common facilities.
E. Existing Public Facilities and Services.
The proposed project shall be designed to not adversely impact the following public facilities and services:
1. Existing streets and other transportation systems;
2. Existing utilities system; and
3. Police, fire, parks, and schools.
F. Phasing Plan.
In lieu of requiring the completion of all public/private improvements for the entire site prior to occupancy of any
structure on the site, the city may approve a phasing plan. The city may require suitable guarantees as provided in
the suitable guarantee section of this chapter. The public/private improvements in each phase must be designed
to stand on their own as required by the city. A phasing plan can only be approved if each city department
responsible for the conditions of the permit agrees on the phased development plan. In most cases, those
departments are planning and community development, public works, and fire.
G. Previously Approved Site Plan.
Where a development has previously received land use approval from the city and the subject property is to be
divided through a binding site plan, the application shall be reviewed under this section. The project must be
consistent with the previously approved site plan and all other approvals or permits issued. The review process
shall be as required by Title 15 for “binding site plan with previously approved site plan.”
19.25.030 General evaluation criteria—Boundary line adjustments.

An application that complies with all of the general evaluation criteria listed below and the requirements of the
boundary line adjustment submittal and review process of Title 15, Local Project Review Procedures, shall be
approved. An application that does not comply with these criteria shall be denied by the city.
A. The proposed boundary line adjustment shall not allow the adjustment of boundary lines which will result in
the creation of any additional lot, tract, parcel, building site, or division, nor create any lot, tract, parcel,
building site, or division which contains insufficient area dimension to meet the minimum requirements as
specified by the Chapter 19.06 of this title for lots, tracts, parcels, or building sites;
B. The proposed boundary line adjustment shall not allow the adjustment of boundary lines which will result in
directional changes in the orientation of the lot(s), tract(s), parcel(s), or building sites, such as the changing of
front yards into side or rear yards or vice versa;
C. The proposed boundary line adjustment shall not allow the adjustment of boundary lines where the
adjustment will result in an increase in the potential number of dwelling units on lots, tracts, parcels or
building sites permitted;
D. The proposed boundary line adjustment shall not allow the adjustment of boundary lines of nonconforming
lots where the adjustment of the line(s) will result in making the lots, tracts, parcels or building sites more
nonconforming;
E. The proposed boundary line adjustment shall not allow boundary lines to be adjusted when the adjustment
will result in the city being unable to provide adequate utilities;
F. The proposed boundary line adjustment shall not allow boundary lines to be adjusted when the adjustment
will result in inadequate frontage on a public street;
G. The proposed boundary line adjustment shall not allow boundary lines to be adjusted where such adjustment
will likely create an unusable lot, that is subject to the reasonable use process as defined in the critical area
regulations in Chapter 19.37 of this title; and
H. The proposed boundary line adjustment shall not allow a boundary line to be adjusted where the adjustment
will result in a violation of a city or state code.
19.25.040 Evaluation criteria—Subdivision, short subdivision, unit lot land division, alteration or
vacation.
An application that complies with all of the following general evaluation criteria listed below, the requirements of
chapters 19.24 - 19.27 and this title, and applicable city standards shall be approved. In any such approval, the city
shall make written findings that the application has made appropriate provisions in accordance with the
requirements of this section. An application that does not comply with these criteria shall be denied by the city.
A. Public Use and Interest. The proposed project and design shall promote the public use and interest in
accordance with the standards established by the state, city, and chapters 19.24 - 19.27 and this title;
B. Public Health, Safety, and General Welfare. The proposed project and design shall promote the public health,
safety and general welfare in accordance with the standards established by the state, city, and chapters 19.24
- 19.27 and this title;
C. Comprehensive Plan. The proposed project and design shall conform to the general purposes of the
comprehensive plan;
D. Existing Zoning. The proposed project and design shall meet the requirements of the Everett zoning code;
E. Natural Environment. The proposed project and design shall meet the requirements of environmentally
sensitive area regulations of the Everett zoning code and Title 20, Environment, and the State Environmental
Policy Act, Chapter 197-11 WAC, if applicable;
F. Drainage. The proposed project and design shall meet the requirements of the city’s drainage regulations in
the Stormwater Management Program (SWMP) and Design and Construction Standards and Specifications;
G. Open Space and On-Site Recreation. The proposed project and design shall meet the requirements for open
space and on-site recreation as defined in Chapters 19.09 and 19.12.210 of this title. These requirements are
based on the type of use proposed and zoning designation of the property;
H. Public Facilities. The proposed project shall be consistent with all regulations and requirements in Title 14,
Title 16, and the Design and Construction Standards and Specifications, and other adopted plans and policies,
including the following:
1. Adequate water supply to city standards;
2. Adequate sewage disposal to city standards;
3. Appropriate surface water management to city standards;
4. Adequate fire protection and hydrants to city standards;
5. Appropriate vehicular and non-motorized access designed to meet city standards for anticipated uses
within the project;
6. Provisions for all appropriate deeds, dedications, and all other easements;
7. Provisions made for access to and maintenance of all common facilities; and
8. Transportation systems for both motorized and non-motorized travel modes, including: streets, alleys,
sidewalks, transit stops, bike lanes, and safe pedestrian routes to schools and schoolgrounds. This
includes connections to existing and planned facilities;
I. Existing Public Services. The proposed project shall be designed to not adversely impact the following public
services:
1. Police;
2. Fire;
3. Parks; and
4. Schools.
J. Floodplain. The proposed project and design shall meet the requirements of the Everett zoning code and
floodplain overlay districts and regulations;
K. Landscaping Standards. The proposed project and design shall meet the landscaping standards as established
in EMC 19.35.
Zoning-Library.
Chapter 19.26 Land Division Development Standards
Table of Contents
CHAPTER 19.26 LAND DIVISION DEVELOPMENT STANDARDS.......................................................................................... 1
19.26.010 APPLICABILITY. ...................................................................................................................................... 1
19.26.020 PUBLIC USE RESERVATIONS. ...................................................................................................................... 1
19.26.030 NONCONFORMING SINGLE-FAMILY DWELLINGS. ........................................................................................... 1
19.26.040 FLOODPLAIN REGULATIONS. ..................................................................................................................... 2
19.26.050 VEHICLE ACCESS REQUIREMENTS FOR RESIDENTIAL DEVELOPMENT. .................................................................. 2
19.26.060 FRONTAGE IMPROVEMENTS. .................................................................................................................... 4
19.26.070 OFF-STREET PARKING IMPROVEMENTS. ...................................................................................................... 5
19.26.080 CLEARING AND GRADING. ........................................................................................................................ 5
19.26.090 EASEMENTS. ......................................................................................................................................... 6
19.26.100 ON-SITE OPEN SPACE AND RECREATION FACILITIES. ....................................................................................... 6
19.26.110 UNDERGROUND UTILITIES. ....................................................................................................................... 6
19.26.120 HOMEOWNERS’ ASSOCIATION INCORPORATION............................................................................................ 6
19.26.130 SUITABLE GUARANTEE. ............................................................................................................................ 8
19.26.140 SURVEY. ............................................................................................................................................... 8
19.26.150 ENCROACHMENTS AND GAPS. ................................................................................................................... 9
19.26.160 DEDICATION........................................................................................................................................ 10
Unless otherwise indicated in each section below, these standards apply to all divisions of land in the city, including
subdivision, short subdivision, unit lot subdivision and alteration or vacation. Also refer to Chapter 19.08,
Residential Development Standards, and Chapter 19.06 Lot and Building Placement.
19.26.020 Public use reservations.

A. Reservation or Dedication.
If the city concludes in the review of the division of land that the dedication or reservation of areas or sites for
schools, school grounds, park land, and playgrounds are reasonably necessary and are a direct result of the
proposal, the city may require that such reservation or dedication be provided.
B. Street Right-of-Way Realignment or Widening.
If the city concludes that the street right-of-way adjacent to a proposed division of land is inadequate for widening,
and realignment of the existing streets is necessary as a direct result of the proposed project, the city may require
a dedication of necessary right-of-way and improvement of that right-of-way.
C. Voluntary Agreements.
Nothing herein shall prohibit voluntary agreements with the city or a school district that allows a payment in lieu
of dedication of land for parklands, playgrounds, and school sites or to mitigate a direct impact that has been
identified as a consequence of a proposed project as authorized in Chapter 82.02 RCW.
19.26.030 Nonconforming single-family dwellings.
Ch. 19.26 Land Division Development Standards 1 Planning Commission Recommendation (09/08/20)
This section applies to divisions or redivisions of land with more than one existing single-family residence on one
lot.
A. When divisions or redivisions of land are submitted proposing the creation of new lots with existing structures
that are nonconforming in accordance with Chapter 19.38 of this title, the existing structures shall comply
with all Everett zoning code requirements including, but not limited to, setbacks or parking requirements;
provided, however, nothing shall prohibit the division of such land as long as the division does not make the
structures more nonconforming.
B. Exception. If the lots cannot meet zoning code and lot area requirements and the structures are legal
nonconforming structures, the applicant may apply for an exception from the Everett zoning code lot area,
dimensional, lot coverage and setback requirements using the review process as defined in EMC 15.02, Local
Project Review Procedures. The planning director shall use the criteria in Chapter 19.06.080.D as a basis for
reviewing all such requests.
19.26.040 Floodplain regulations.

Land identified in the Everett Flood Insurance Study dated June 19, 2020, or subsequent update, with
accompanying flood insurance maps, shall not be subdivided unless the requirements of the city’s flood damage
prevention regulations as set forth in Chapter 19.30, as amended, are met.

A. Every residential lot and unit created through the land division process shall provide vehicle access in
accordance with the standards in this section. All required access improvements shall be installed prior to final
approval, except as otherwise allowed by chapters 19.24 - 19.27 and this title. The following standards apply
based on the maximum potential development and length of the access road. Pavement width, thickness,
subgrade and other detailed specifications may be found in the city’s Design and Construction Standards and
Specifications (DCSS). To view the detailed standards, follow links in Table 26-1 below, or obtain a copy of the
standards from the engineering/permit services division.
Table 26-1: Vehicle Access Road Types – Residential Land Divisions

Potential
Served(1)
Private Drive Standard A (14’ width.
Private Access Drive A
150’ or less Not a fire lane)
(two lot short plat only) 1—2 dwelling
-walkway not required-
Easement or panhandle units
lots More than 150’ With fire code official approval
Private Drive Standard B (20’ fire

3-9 dwelling lane)
Private Access Drive B More than 150’
units(2) -walkway required for 3 or more
units
10 or more
dwelling units
-walkway required-
Potential
Served(1)
See Design and Construction
Public Streets --- Not Applicable Standards and Specifications (300
Series)
Footnotes:
(1)
Accessory dwelling units are not included in the potential number of units served. All other dwelling
types are included.
(2)
Private Drive B standard if building height is less than or equal to 30’ as determined by the fire code
official; or, Private Drive C standard if building height is more than 30’.

areas within any land division authorized under chapters 19.24 - 19.27 and this title. Under certain
circumstances, the city may require installation of a public street, rather than a private access drive (see
Section 26.050.C). As an alternative to the private access drive, the applicant may provide a public street
meeting the city design and construction standards, subject to approval by the city engineer.
2. Calculation of number of units served. For determining the number of units served by an private access
drive, the city shall count the maximum number of potential units that may be served by the proposed
land division, including future development that may be built out at a later date, and development
potential for land beyond the road end. Accessory dwelling units are not included in the number of units
served.
3. Design. All private access drives shall be designed and constructed to city Design and Construction
Standards and Specifications. Fire lane requirements in the DCSS and Title 14 shall be administered by the
fire code official and city engineer through review of all land division applications. The fire code official
will determine when the access drive is considered a fire lane based on number of units served, length
and other factors. See Table 26-1.
4. All units in a development that abut or are adjacent to a private access drive are required to use the
access drive, unless it is determined by the city engineer that:
An existing dwelling and its off-street parking are in a location where access would be impractical or
impossible due to the topography or physical constraints of the site; or
A potential safety issue would be created as a result of using the private access drive as determined
by the city engineer.
5. For any private access drive with public utilities, the city engineer shall determine the required easement
width based on city standards.
6. Vehicle turnaround. All dwellings accessed by a private drive shall provide a vehicle turnaround as
required by the city’s DCSS and approved by the city engineer and fire code official. For land divisions that
require site plan approval, the vehicle turnaround for each dwelling must be shown on the site plan.
7. Maintenance. The access drive shall be maintained to the design standard as shown on approved permit
documents. The maintenance responsibility shall be with the Homeowners’ Association or, if no HOA, by
the property owners benefitting from use of the access drive.
8. Easements and tracts. All private access roads shall be placed within either an access and utility easement,
or a separate tract. Where the road is placed in a tract, it shall be dedicated to the homeowners. The
ownership, use rights and maintenance responsibilities shall be clearly shown on the final land division
map and supporting documents.
9. Common Private Access Drive Use. The city engineer may allow the use of a common private access drive
on an existing or adjacent land division if the unit count for the property to be divided together with the
adjacent property does not exceed the maximum number of units allowed and such private access drive
can or currently meets the DCSS standards. The applicant shall provide the following:
An easement providing for access, utilities, and maintenance from all owners of property that the
private access drive crosses over and who have legal access to such easement;
An amendment to the existing land division map to accurately reflect the proposed changes; and
All improvements as if the lot were included in the original land division.
C. Public Streets.
street.
1. When required. The city may require installation of a new public street when the city engineer determines
that any of the following applies:
The improvement of a public street is necessary to facilitate adequate supply of sewer and utilities;
The improvement of a public street is necessary to provide on-street parking;
The improvement of a public street is necessary to provide access to potential additional lots or
future developable area;
The improvement of a public street is necessary to provide a through connection to existing or
potential future development that is currently, or will be accessed by a public street; and
The improvement of a public street is necessary to protect the public health, safety and welfare of
the residents and general public.
2. Street Standards. All streets shall be built to current city standards as required in Everett Municipal Code
Title 13 and the city’s Design and Constructions Standards and Specifications, and shall meet minimum
requirements for right-of-way width, pavement width, sidewalks and off-street parking as defined in
classification of streets . The minimum requirement for each street classification shall be based on the
maximum potential number of dwelling units served by the logical extension of common streets to serve
other land. The city engineer will have the authority to deviate from construction and street classification
standards.
3. Right-of-way width in excess of the standards of chapters 19.24 - 19.27 and this title may be required if, or
when in the opinion of the city engineer, topography so requires.
4. Proposed streets for all divisions of land shall be extended to the boundary lines of the tract being
developed to provide for the logical extension of streets and utilities for coordinated development of
contiguous tracts or parcels of land. If in the opinion of the city such extension is not necessary due to
physical conditions that may exist on or adjacent to the site, the city shall not be obligated to require an
extension.
5. Access to Local and Arterial Streets. For all divisions of land, the city may require that access to city streets
be limited. Such requirement may include but not be limited to providing for common lot access points,
shared driveways, and alley access.
6. Dead End Streets. All permanent and temporary dead end streets shall provide a turnaround in
accordance with city standards. The city engineer and fire marshal may, in certain cases, eliminate or
reduce the size of the required turnaround if residential sprinkler systems are provided in accordance
with standards as specified by the city’s fire marshal.
19.26.060 Frontage improvements.

A. Whenever a division, redivision, or alteration of such division of land is on an existing public street, such
frontage shall be fully improved in accordance with city standards, as administered by the city engineer,
including pedestrian improvements. In lieu of providing frontage improvements, the applicant may pay a
voluntary fee. A fee in lieu of frontage improvements may be permitted when:
1. The proposed frontage improvement(s) including pedestrian improvements would not result in a smooth
transition to existing improvements;
2. Providing a sidewalk or walkway on a single property’s frontage would not effectively provide for
pedestrian safety; or
3. The proposed frontage improvement(s) may negatively impact drainage or traffic facilities in the area.
B. The fees shall be based on the cost to design and install frontage improvements per city standards. Such cost
shall be determined by the applicant’s engineer, who must be a licensed engineer in the state of Washington.
The cost estimate must be approved by the city engineer.
C. The city engineer may establish a fee for the cost to design and install frontage improvements per the city
standards, which the applicant can choose to pay in lieu of calculation of his own fee as defined in the design
and development provisions of this chapter.
D. Fees collected per subsections B and C of this section shall be used by the city to install frontage
improvements including, but not limited to, pedestrian improvements, curb, gutter and sidewalks in the
vicinity of the applicant’s project. Such fees must be paid prior to final approval.
19.26.070 Off-street parking improvements.

All existing and proposed uses for a division of land are required to provide parking to meet the requirements of
Chapter 19.34.
19.26.080 Clearing and grading.

A. Before any site modification where existing natural features would be disturbed or removed, a grading plan
meeting city standards and the provisions of chapters 19.24 - 19.27 and this title must be submitted and
approved by the city engineer showing the extent of the proposed modification.
B. Debris and waste materials of any kind shall not be buried in any land or deposited in any critical area.
C. All erosion control plans must be in compliance with city standards and the city’s drainage ordinance.
D. In critical drainage areas or on sites that are classified as critical areas, the city may prohibit clearing of lots
until building permits have been issued.
E. All clearing and grading shall be based on sound engineering techniques and meet the following minimum
standards:
1. The project design and grading shall follow good engineering practices. Consideration shall be given to
protection of slope stability, prevention of erosion, structural suitability for future building sites,
driveways, and public streets;
2. Building sites, driveways, and public streets shall not be located on fill unless approved by the city based
on information provided to the city by the applicant in a geotechnical report prepared by a Washington
State licensed geotechnical engineer;
3. Grading shall be done in such a manner as to minimize the need for rockeries and retaining walls along lot
lines, streets and the exterior boundaries of the project;
4. Clearing and grading limits shall be established so as to not impact critical areas, the required buffers, and
adjacent properties;
5. Each lot shall have a suitable building site and driveway access. All grading should gradually transition to
the approved grading limit and the projects exterior boundaries; and
6. Excavation of foundation material, utility trenches, and required public improvements shall not be
distributed within the project boundaries and must be disposed of at a preapproved site, unless otherwise
approved by the city engineer and shown on an approved grading plan.
F. On projects that have critical area features and in critical drainage areas, clearing and grading and other
significant earth work may be limited to a specific time period as determined by the city.
G. All projects must be in compliance with the approved grading plan prior to final approval being granted. The
planning director or city engineer may require a final as-built topography map to show compliance with the
approved grading plan and to calculate building height as required by chapters 19.24 - 19.27 and this title.
19.26.090 Easements.
Permanent easements shall be provided for utilities and other public services whenever requested by the city
engineer.
19.26.100 On-site open space and recreation facilities.

A. Land divisions shall provide common on-site open space and/or recreation facilities in accordance with the
standards of Chapter 19.08 or 19.09 of this title. All required improvements must be installed prior to final
approval.
B. Common on-site open space and recreation facilities shall be placed within a tract under common ownership
of all lot or unit owners within the development. The ownership, use rights and maintenance responsibilities
shall be clearly shown on the final land division map and supporting documents.
19.26.110 Underground utilities.

It is the intent of this provision to require underground installation of all new utilities.
A. All divisions of land shall have all necessary power lines, telephone wires, television cables, fire alarm systems
and other communication wires, cables or lines placed in an underground location.
B. All such underground installations or systems shall be approved by the appropriate utility company and shall
adhere to all governing applicable regulations including, but not limited to, the city and state applicable
regulations and specific requirements of the appropriate utility.
C. All utility easements within a proposed project shall be approved by the appropriate utility company before
final acceptance of the project and shall be shown in their exact location on the final drawing of said project.
D. Nothing in this section or any other section of chapters 19.24 - 19.27 and this title in relation to underground
wiring shall apply to power lines carrying a voltage of fifteen KV or more, nor shall it be construed to prohibit
the placement of pad mounted transformers, terminal pedestals or other electrical and communications
devices above ground, as determined by the appropriate utility involved.
E. Exceptions.
1. If the appropriate utility company determines that an underground system as proposed above cannot
reasonably be installed according to accepted engineering practices, this requirement may be waived
upon receipt of a written notice from said utility to the city engineer.
2. Where a utility service must be extended to access the proposed development, the city may waive the
underground requirement for the portion of the service located within public right-of-way, if the city
engineer identifies a significant conflict due to any of the following circumstances:
There are topographic constraints present that make constructing the improvement impractical;
The location of existing underground utilities; or
Placement of the required utilities underground would create a potential safety hazard for property
owners, the city or the general public.
19.26.120 Homeowners’ association incorporation.

Construction of privately owned common improvements will require maintenance and upkeep over time. This
includes roads, fire lane access requirements, pedestrian facilities, open space and recreation areas, and utility
infrastructure. This section is intended to provide a framework by which future homeowners will be required to
manage and maintain these improvements by establishing when a homeowners’ association (HOA) must be
created for this purpose and what must be included in the relevant HOA documentation.
A. Applicability. This section applies to any land division that includes a common private access drive, and at least
one of the following:
1. Privately owned common open space or recreation areas required by chapters 19.24 - 19.27 and this title;
2. Privately owned common parking areas; or
3. Privately owned common private utilities (water, sewer, electric, gas, fiber, cable) or stormwater
detention/treatment facilities.
A land division that includes only a private access drive and does not include other privately owned common
facilities is not required to form an HOA under this chapter.
B. Prior to the recording of the subdivision, the applicant shall provide evidence that the HOA has been
incorporated pursuant to the laws of the State of Washington, including the filing of the association’s articles
of incorporation with the Washington Secretary of State. In the event the homeowners’ association should
cease to be a corporation under the laws of the State of Washington and as required by this section, such
association shall continue as an unincorporated association governed by the Homeowners’ Association Act
(Chapter 64.38 RCW).
C. HOA Covenants. Prior to the issuance of building permits or final land division approval, whichever occurs first,
the applicant shall provide a preliminary draft of covenants, declarations and restrictions for review by the
city. Prior to the recording of the subdivision, the applicant shall provide final covenants, declarations and
restrictions in a form satisfactory to the city attorney, which shall be recorded with the county auditor’s office
providing that the HOA shall be subject to and comply with:
1. Such covenants, declarations and restrictions;
2. The Homeowners’ Association Act (Chapter 64.38 RCW);
3. The applicable Washington corporation statute; and
4. Any applicable conditions, or other provisions of the city code required to be shown on the land division
map.
D. Maintenance of Private Common Areas and Infrastructure. All common open space and recreation areas and
all private utility infrastructure located within a land division shall be maintained in perpetuity by the
homeowners’ association. Prior to the recording of the land division, the applicant shall provide the
covenants, declarations and restrictions required by subsection C of this section for review by the city, which
shall provide that the following common areas and infrastructure are maintained by the HOA in accordance
with all applicable provisions of the city code. Said covenants, declarations and restrictions shall provide
authority for the city, after providing reasonable written notice to the HOA and opportunity to perform
required maintenance, to recover any costs incurred by the city to maintain private infrastructure or common
areas due to a failure of the homeowners’ association to adequately maintain privately owned improvements,
including a lien on the property or other appropriate assurance device, as determined by the city.
1. Private access drives;
2. Vehicle and pedestrian access easements;
3. Joint use and maintenance agreements;
4. Common off-street parking;
5. Common open space (including, but not limited to, landscape areas, gardens, woodlands, walkways,
courtyards or lawns, and outdoor recreation areas);
6. Private utility infrastructure (including, but not limited to, stormwater facilities, underground utilities and
utility easements); and
7. Any other common buildings or improvements.
E. Maintenance of Lot, Buildings and Facilities. Buildings, utilities and facilities on individual lots shall be
maintained by the property owner in accordance with city codes and the requirements of the covenants,
declarations and restrictions applicable to the development. Prior to the recording of the land division, the
applicant shall provide the covenants, declarations and restrictions required by subsection C of this section for
review by the city, which shall provide that buildings, utilities and facilities on individual lots shall be
maintained by the property owner in accordance with city codes and the requirements of such covenants,
declarations and restrictions. The city may require a separate covenant for stormwater facility operation and
maintenance.
F. Recorded conditions for unit lot land divisions. Notes shall be placed on the final land division map recorded
with the county auditor’s office to acknowledge the following:
1. Approval of the design and layout of the development was granted by the review of the development, as
a whole, on the parent site by the development plan approval (stating the project file number);
2. Subsequent platting actions, additions or modifications to the structure(s) may not create or increase any
nonconformity of the parent site as a whole, and shall conform to the approved site development plan;
3. If a structure or portion of a structure has been damaged or destroyed, any repair, reconstruction or
replacement of the structure(s) shall conform to the approved site development plan;
4. The individual unit lots are not separately buildable outside of the context of the approved development
plan for the subdivision and additional development of the individual unit lots may be limited as a result
of the application of development standards to the parent site.
5. Minor additions, decks and alterations may be approved if consistent with the approved site plan and
underlying zoning. The applicant is responsible for obtaining necessary authorization from the HOA.
19.26.130 Suitable guarantee.

A. Performance Guarantee Requirements for All Divisions or Redivisions of Land.
1. In lieu of completing the required improvements in the proposed division of land, the applicant may
request final approval subject to the approval of a suitable guarantee. The guarantee must be in a form
acceptable to the city and an amount commensurate with improvements to be completed. The amount of
the guarantee is established at one hundred percent of the cost of the city having to construct the
improvements plus twenty percent. The guarantee amount will require yearly review by the city and the
applicant will be required to revise the guarantee amount to reflect current inflation rate. Based on the
revised amount, the applicant will resubmit a suitable guarantee to the city. Also, the guarantee will be
restricted as far as the amount of permissible time in which the improvements must be completed. The
guarantee must be acceptable to the city attorney.
2. Guarantee funds will not be released by the city unless approval has been received from all applicable
departments that are responsible for acceptance and/or maintenance of such improvements.
3. All improvements begun by the applicant must be completed. Once the applicant has begun making
improvements, the applicant shall not be eligible for submitting a guarantee to the city to cover the
incomplete improvements unless specifically approved by the city engineer in accordance with final
approval. If approved, the amount of the guarantee may exceed the limits noted in the provisions of this
section to offset additional city exposure.
B. Warranty Requirements for Acceptance of Final Improvements.
1. At the time of final acceptance of the improvements, the applicant shall provide to the city a one-year
warranty guarantee at ten percent of the established final cost of the improvements in a form which must
be acceptable to the city attorney.
2. For the purpose of chapters 19.24 - 19.27 and this title, final approval shall not be deemed given until
such time as all of the required improvements have been satisfactorily installed in accordance with the
requirements of preliminary approval.
3. The planning director shall require a maintenance assurance device acceptable to the city for common or
private landscaped areas in accordance with Chapter 19.41.
19.26.140 Survey.
A survey is required for all divisions, redivisions, alteration or vacation of land and boundary line adjustment
meeting the following minimum standards:
A. A survey for division, redivision, alteration or vacation, and a boundary line adjustment must be conducted by
or under the supervision of a registered land surveyor in the state of Washington. The surveyor shall certify on
the final map that it is a true and correct representation of the lands actually surveyed and that the survey was
done in accordance with city and state law.
B. In all divisions of land and boundary line adjustments, lot corners must be set before final approval can be
granted, except for corners located within a critical area.
C. In all divisions of land, perimeter monuments must be set before final approval can be granted.
D. In all divisions of land, control monuments must be set before final acceptance of public improvements.
Performance guarantees must include the installation of all control monuments. Control monuments must be
installed per city design and construction standards.
E. In all divisions of land where final approval is to be granted by the acceptance of a performance guarantee, lot
corner and perimeter monuments must be set. The performance guarantee must include the resetting of any
monument that has been lost during construction of public improvements.
F. Regarding all residential condominium binding site plans where all lots are not to be shown: prior to the
recording of the binding site plan, the boundary of the parcel must be surveyed and all lot corners set or found
in accordance with the provisions of this section. If divisions are submitted in accordance with an approved
phasing plan, all new lot corners must be set or found prior to recording.
G. For boundary line adjustment, a record of survey must be filed with the county auditor in accordance with
Chapter 58.09 RCW. The filing number of the boundary line adjustment must be on the boundary line
adjustment/survey map with the legal description of the total area being adjusted before the boundary line
adjustment/survey is ready for recording.
19.26.150 Encroachments and gaps.

Whenever an encroachment or gap is disclosed by a survey during the city’s review of a land division action, the
applicant shall either (1) remove the encroachment, or (2) resolve the encroachment or gap through an
appropriate conveyance such as a quitclaim deed, or other device acceptable to the city, and disclose the same on
the face of the final plat or short plat map; or, (3) resolve the encroachment or gap through other method as
approved by the city. Once all requirements of the city’s Unified Development Code are met, the resolution shall
be disclosed on the face of the final map approving the application.
A. Resolution of Encroachments—Timing.
1. In cases where the encroachment is located on the abutting property and extends into the applicant’s
property, the resolution of the encroachment must occur prior to application submittal.
2. When the encroachment is located on the applicant’s property, one of the following must occur:
If the applicant proposes to remove the encroachment as part of the land division action, preliminary
approval may be issued subject to removal prior to the final approval; or
If the applicant does not propose to remove the encroachment, then resolution of the encroachment
must occur prior to preliminary approval.
3. If the conveyance method is utilized to resolve an encroachment, provision (such as a penumbral
easement) must be made for maintenance of the physical appurtenance which had been encroaching.
The deed shall be recorded concurrently with or prior to final approval.
B. Resolution of Gaps—Timing.
Gaps shall be resolved by the following means: (1) the applicant shall, prior to final approval, execute a quitclaim
deed releasing all interest in the gap; and (2) if the physical appurtenance belongs to the abutting property owner,
it shall be left in place but a new fence, or other permanent form of demarcation of the lot line of record,
acceptable to the city, shall be erected on the lot line of record. In the event the applicant constructs a new fence
to resolve a gap, the fence shall be a minimum of four feet in height and shall meet city standards for such a fence;
provided, however, the city reserves the right to allow gaps to be resolved through other means not specifically
listed herein.
C. Resolution of Gaps by Conveyance Method—Failure of Abutting Property Owner to Accept Deed.
Where the conveyance method described in subsection B of this section is used to resolve a gap but the abutting
(i.e., receiving) property owner refuses to accept the deed instrument, the quitclaim deed may be executed by the
applicant and held in trust by the city for the abutting (receiving property) owner; provided, however, when that
occurs, a notice shall be filed with the county auditor on the title of the abutting property indicating that the city is
holding such an instrument in trust and that legal description of the gap will become the property of the abutting
property owner at such time as the instrument is accepted and recorded.
19.26.160 Dedication.
Any dedication, donation or grant as shown on a land division map shall constitute a statutory warranty deed to
the said grantee for the use intended. The intention to dedicate shall be evidenced by the owner through the
presentment for filing of a final division map showing the dedication thereon; and the acceptance by the public
shall be evidenced by the approval of such final maps for filing by the city.
Zoning-Library.
Chapter 19.27 Unit Lot Land Divisions
Table of Contents
CHAPTER 19.27 UNIT LOT LAND DIVISIONS ............................................................................................................... 1
19.27.020 UNIT LOT LAND DIVISION STANDARDS APPLICABLE TO ALL DEVELOPMENTS. ........................................................ 2
19.27.030 UNIT LOT LAND DIVISION STANDARDS – TOWNHOUSE/SINGLE-FAMILY ATTACHED. .............................................. 2
19.27.040 CONDOMINIUM DEVELOPMENTS EXISTING AS OF THE EFFECTIVE DATE OF THIS CHAPTER. ...................................... 2
19.27.050 UNIT LOT STANDARDS – SINGLE-FAMILY DETACHED AND COTTAGE HOUSING. ..................................................... 3
19.27.060 OWNERSHIP OF COMMON AREAS. ............................................................................................................. 3
19.27.070 DEVELOPMENT AND DESIGN STANDARDS. ................................................................................................... 3
19.27.080 SINGLE-FAMILY ATTACHED - COMMENCEMENT OF CONSTRUCTION, FINAL LAND DIVISION APPROVAL. .................... 3

A. Purpose.
1. The primary purpose of these provisions 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 chapters 19.24 - 19.27 and this title. For single-family attached and townhouse
dwellings, the intent is to apply only those site development standards applicable to the parent site as a
whole, rather than individual lot standards. For single-family detached dwellings, these standards are
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.
2. The secondary purpose of these provisions is to allow for the unit lot subdivision process to be applied to
townhouse and single-family detached condominium developments for which, as of the effective date of
this chapter, either:
a. A condominium declaration and survey had been recorded pursuant to Chapter 64.34 RCW; or
b. (i) A complete application for formal approval of a site development plan had been filed, and (ii) the
recording of a condominium declaration and survey had been deferred in anticipation of the adoption
of this chapter, and (iii) the application had accepted by the city and was still actively being processed
by the city.
B. Applicability.
1. Townhouse Unit Lot Development. The provisions of this chapter apply to the division of land for single-
family attached dwelling developments in zones that allow this use. To use this process, a development
shall have a minimum of two single-family attached units.
2. Townhouse and Single-Family Detached Condominiums in Existence as of May 13, 2014. The provisions of
this section apply to single-family attached developments, and/or single-family detached condominium
developments for which, as of the effective date of this chapter, either:
a. A condominium declaration and survey had been recorded pursuant to Chapter 64.34 RCW, in which
all property owners apply to subdivide existing condominium dwelling units into unit lot subdivisions;
or
b. (i) A complete application for formal approval of a site development plan had been filed, and (ii) the
recording of a condominium declaration and survey had been deferred in anticipation of the adoption
Ch. 19.27 Unit Lot Land Divisions 1 Planning Commission Recommendation (09/08/20)
of this chapter, and (iii) the application had been accepted by the city, and was still actively being
processed by the city.
c. This chapter is not applicable to developments that include filing of a residential condominium under
RCW 64.34, Condominium Act; and provided all other requirements of chapters 19.24 - 19.27 and this
title are met.
3. Single-Family Detached and Cottage Housing. This process may be used as an alternative to a
conventional subdivision or short subdivision and 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 two single-family detached dwellings.
C. Site Plan Approval Required.
All developments using the unit lot process are required to submit a site plan for review and approval as part of
the land division application. The site plan must demonstrate compliance with the applicable regulations of
chapters 19.24 - 19.27 and this title.
D. Conflict.
In the event of a conflict between this chapter and any other provisions of chapters 19.24 - 19.26 and this title, the
requirements of this chapter shall control.
19.27.020 Unit lot land division standards applicable to all developments.

All applications for unit lot subdivisions or short subdivisions shall be considered under the following standards of
chapters 19.24 - 19.27 and this title, where applicable:
A. Chapter 19.25 – General evaluation criteria applicable to unit lot subdivisions;
B. Chapter 19.26 – Land division development standards;
C. Chapter 19.06 – Lot and building placement standards, except as modified through 19.06.80;
D. Chapter 19.08 – Residential standards;
E. Chapter 19.09 – Multifamily standards;
F. Chapter 19.33 – Streets, sidewalks and pedestrian access;
G. Chapter 19.34 – Off-street parking requirements;
H. Chapter 19.35 – Landscaping requirements; and
I. All other requirements of chapters 19.24 - 19.27 and this title.
19.27.030 Unit lot land division standards – townhouse/single-family attached.

Development on individual unit lots within the unit lot subdivision need not conform to the minimum lot area or
dimensional standards of Chapter 19.06 , provided that overall development of the parent site meets the
development and design standards of the underlying zoning and the requirements of this section. There shall be
no minimum required lot area for individual lots for attached dwellings, provided the area of the unit lot shall be
large enough to contain the dwelling unit and any accessory structures, decks, fences, garages, driveways, private
yard areas, parking, landscaping or other improvements that are accessory to the dwelling unit; provided further,
so long as conforming to the approved site development plan, such accessory improvements may encroach upon
or be located in an adjoining unit lot or common area pursuant to an appropriate easement.
19.27.040 Condominium developments existing as of the effective date of this chapter.

Single-family attached and/or single-family detached dwelling developments existing at the time this chapter
became effective may be subdivided into individual unit lots. The development as a whole shall meet development
standards applicable at the time the development was approved. As a result of the unit lot subdivision,
development on individual unit lots may be nonconforming as to some or all of the development standards of
chapters 19.24 - 19.27 and this title as applied to the individual unit lot, except that any private open space for
individual dwelling units shall be provided on the same lot as the dwelling unit it serves. The review authority shall
have the authority to add reasonable conditions of approval that would make the development more closely
conform to current landscaping and/or design standards.
19.27.050 Unit lot standards – single-family detached and cottage housing.

All single-family detached and cottage housing developments involving a land division under this chapter shall be
reviewed under additional standards in Title 19 based on the type of housing proposed as follows:
A. Single-family detached development, except cottage housing:
1. Chapter 19.08.020 – Small lot single family standards;
2. Chapter 19.06.080.B – Exceptions to minimum lot area, width, depth, frontage and lot coverage
standards.
B. Cottage housing:
1. Chapter 19.08.070 – Cottage housing standards;
2. Chapter 19.06.080.B – Exceptions to minimum lot area, width, depth, frontage and lot coverage
standards.
19.27.060 Ownership of common areas.

Portions of the parent site not subdivided for individual unit lots or not dedicated to the city as public streets or
public utility systems shall be owned in common by the owners of the individual lots within the subdivision, or by a
homeowners’ association comprised of the owners of the individual unit lots within the subdivision.
19.27.070 Development and design standards.

Except as otherwise provided in this chapter, all unit lot subdivisions shall comply with the applicable development
and design standards of Chapters 19.08, 19.09 and 19.12.
19.27.080 Single-Family Attached - Commencement of construction, final land division approval.

A. For single-family attached unit lot land divisions, site development and building construction may commence
upon approval of a development plan, but prior to final land division approval and recording; provided, that all
applicable permits and approvals have been obtained by the applicant. However, no dwelling unit or unit lot
may be sold, transferred, occupied or conveyed prior to final subdivision approval and recording.
B. The city is authorized to approve changes between the preliminary and final land division approval, provided
that no change shall be allowed that does not fully comply with the applicable requirements of chapters 19.24
- 19.27 and this title.
Zoning-Library.
Chapter 19.28 Historic Resources
Table of Contents
CHAPTER 19.28 HISTORIC RESOURCES ...................................................................................................................... 1
19.28.010 PURPOSE. ............................................................................................................................................. 1
19.28.020 HISTORIC OVERLAY ZONE DESIGNATION. .................................................................................................... 1
19.28.030 ESTABLISHMENT OF HISTORIC OVERLAY ZONE BOUNDARIES. ............................................................................ 2
19.28.040 EFFECT OF HISTORIC OVERLAY ZONE DESIGNATION. ....................................................................................... 4
19.28.050 CONSTRUCTION OR ALTERATION OF STRUCTURES WITHIN HISTORIC OVERLAY ZONE. ............................................. 4
19.28.060 NEIGHBORHOOD CONSERVATION GUIDELINES. ............................................................................................. 5
19.28.070 PERMITTED USES AND DEVIATIONS............................................................................................................. 5
19.28.080 ACTIONS SUBJECT TO REVIEW BY THE EVERETT HISTORICAL COMMISSION........................................................... 6
19.28.090 ACTIONS SUBJECT TO ADMINISTRATIVE REVIEW. ........................................................................................... 6
19.28.100 USE OF NEIGHBORHOOD CONSERVATION GUIDELINES AND HISTORIC OVERLAY ZONE STANDARDS. ........................... 6
19.28.110 ROOF LINES. .......................................................................................................................................... 6
19.28.120 APPEAL TO THE HEARING EXAMINER. .......................................................................................................... 6
19.28.130 EVERETT REGISTER OF HISTORIC PLACES. ..................................................................................................... 6
19.28.140 CHANGES TO PROPERTIES ON EVERETT REGISTER OF HISTORIC PLACES.............................................................. 8
19.28.150 REVIEW AND MONITORING OF PROPERTIES FOR SPECIAL PROPERTY TAX VALUATION. ............................................ 9
19.28.010 Purpose.
The historic overlay zone applies to several historic neighborhoods by designating certain areas as historic overlay
zones with regulations and guidelines governing the alteration of a place or structure that has been designated as
a contributing historic building.
Many historic resources are identified in Everett by listing on one or more of the following historic registers:
Everett register of historic places, Washington state heritage register, and the national register of historic places.
The process for designating historic overlay zones, inclusion on the Everett register of historic places and the role
of the Everett historical commission is described in this chapter.
19.28.020 Historic Overlay Zone Designation.

The proposal to include a specific area or property within an historic overlay zone (existing or new) may be
initiated by the city or property owner(s). The proposal shall include a map of the proposed boundaries and a city-
approved inventory of the contributing structures within the proposed boundaries that were built more than fifty
years ago which retain the original style and architectural qualities that contribute to the historic character of the
neighborhood. The Everett historical commission shall review the historic overlay zone proposal and make a
recommendation to the planning commission who will then forward a recommendation to the city council, based
upon the following:
A. The property proposed to be included within an existing historic overlay zone is listed in at least one of the
following city-approved inventories, surveys or local register: historic resource survey Everett, Washington,
2002; Everett register of historic places; Rucker/Grand historic overlay district inventory, 1992; Norton/Grand
historic overlay district inventory, 2001; Norton/Grand historic overlay district inventory, 2009 expansion;
Riverside neighborhood historic overlay district inventory, 2006; Everett Claremont neighborhood survey,
2014.
Ch. 19.28 Historic Resources 1 Planning Commission Recommendation (09/08/20)

B. The property is adjacent to an area already within an historic overlay zone or adjacent to property listed on
the Everett historic resource survey or the Everett register of historic places, or may be an entirely new area of
the city with a concentration of historic structures and inclusion of the property in an historic overlay zone is
necessary to afford protection to historic properties and promote compatibility between buildings and
developments.
C. The proposal to be included within an historic overlay zone has been reviewed by the Everett historical
commission with a recommendation to approve, disapprove or modify the request. If the historical
commission recommends modifying the proposed historic overlay zone boundaries, it shall include in its
findings a list of the factors, including policies in the comprehensive plan.
19.28.030 Establishment of historic overlay zone boundaries.
Map 28-1 Rucker/Grand Historic Overlay Zone

Map 28-2 Norton/Grand Historic Overlay Zone

Map 28-3 Riverside Neighborhood Historic Overlay Zone
19.28.040 Effect of historic overlay zone designation.

Designation of an historic overlay zone will have the following effects:
A. No feature identified as a contributing structure may be altered except as provided in Sections 19.28.050 and
19.28.070 of this chapter.
B. The other requirements of this title apply to the subject property unless they conflict with a specific provision
of this chapter. Where a conflict exists, the provisions of the historic overlay zone will govern.
19.28.050 Construction or alteration of structures within historic overlay zone.

The city will review any new construction or proposed alteration to a contributing structure within an historic
overlay zone using the following criteria:

A. The magnitude of the impact of the construction or proposed alteration to the site, structure or district;
B. The reasonableness of the proposed alteration in light of other alternatives available to achieve the objectives
of the applicant;
C. The extent to which the proposed alteration may be necessary to meet the requirements of any other law,
statute, ordinance, regulation, code or ordinance;
D. Any other relevant standards or guidelines adopted by the city.
19.28.060 Neighborhood conservation guidelines.

The “Neighborhood Conservation Guidelines,” historic overlay zone standards, and other development regulations
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. The city shall maintain photographs and illustrations of developments or design elements that are
consistent with the neighborhood conservation guidelines.
19.28.070 Permitted uses and deviations.

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, except where this chapter specifies exceptions to the
requirements of the underlying zone.
B. Deviations. 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. Roof pitch.
c. Building modulation.
2. Basis for Deviation. 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 shall provide the historical commission with
sufficient detail to determine if the proposed development will 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. Unique characteristics of the property and surroundings and how they will be protected or enhanced
by the deviation;
b. Positive characteristics of the proposed development and whether such characteristics could be
provided by compliance with the standards and guidelines;
c. Whether proposed design mitigates impacts that could be caused by deviation from the standards.

19.28.080 Actions subject to review by the Everett historical commission.
A. The following actions within designated historic overlay zones which require building permits for exterior work
shall be subject to review of the historical commission using relevant regulations and the historic overlay zone
neighborhood conservation guidelines. All decisions of the historical commission relative to building permits
shall constitute recommendations to the planning director consistent with the city’s REVI or REVII processes as
specified in Title 15.
1. Demolition of a building identified as a contributing structure;
2. Additions of more than one hundred fifty square feet to a contributing structure;
3. Conversion of a single-family or two dwelling unit contributing structure to a building with three or more
dwelling units;
4. Construction of any new residential building with three or more dwelling units, or a detached accessory
dwelling;
5. Construction of a new clinic, commercial building, or places of worship.
B. Consistent with the special valuation program described in chapter 84.26 RCW, the historical commission is
the designated local review board to review applications and execute an agreement with the applicant if
approved.
19.28.090 Actions subject to administrative review.

All actions which are not specified in Section 19.28.080 shall be subject to administrative review by planning staff
utilizing the city’s REVI process as specified in Title 15.
19.28.100 Use of neighborhood conservation guidelines and historic overlay zone standards.
In reviewing any proposed action, the historical commission, planning director and staff shall use the
neighborhood conservation guidelines, historic overlay zone standards and other applicable development
standards as the basis for approving or modifying any proposed construction plans.
19.28.110 Roof lines.

All new buildings 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.
19.28.120 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 Title 15.
19.28.130 Everett register of historic places.

A. Criteria for placement on the Everett register. Any building, structure, site, object or district may be
designated for inclusion in the Everett register if it is significantly associated with the history, architecture,
archaeology, engineering or cultural heritage of the community; if it has integrity; is at least fifty years old, or
is of lesser age and has exceptional importance; and if it falls in at least one of the following categories:
1. Embodies the distinctive architectural characteristics of a type, period, style or method of design or
construction, or represents a significant and distinguishable entity whose components may lack individual
distinction;
2. Is associated with events that have made a significant contribution to the broad patterns of national, state
or local history;

3. Is an outstanding work of a designer, builder or architect who has made a substantial contribution to the
art;
4. Exemplifies or reflects special elements of the city’s cultural, special, economic, political, aesthetic,
engineering or architectural history;
5. Is associated with the lives of persons significant in national, state or local history;
6. Has yielded or may be likely to yield important archaeological information;
7. Is a building or structure removed from its original location, but is significant primarily for architectural
value, or is the only surviving structure associated with an historic person or event;
8. Is a cemetery which derives its primary significance from age, from distinctive design features, or from
association with historic events, or cultural patterns;
9. Is a reconstructed building constructed in an historically accurate manner on the original site;
10. Is a creative and unique example of old architecture and design created by persons not formally trained in
the architectural or design professions, and which does not fit into formal architectural or historical
categories.
B. Process for Designating Properties or Districts to the Everett Register.
1. Any person may nominate a building, structure, site, object or district for inclusion in the Everett register.
Members of the Everett historical commission may submit nominations. In its designation decision, the
commission shall consider the Everett historic resource survey and the Everett comprehensive plan.
2. In the case of individual properties, the designation shall include the complete address and all features
including outbuildings which contribute to its designation.
3. In the case of Everett register district, the designation shall include description of the boundaries of the
district; the characteristics of the district which justifies its designation; and a list of all properties
including features, structures, sites and objects which contribute to the designation of the district.
4. The Everett historical commission shall consider the merits of the nomination at a public hearing. If the
commission finds that the nominated property is eligible for the Everett register of historic places, the
commission shall make recommendations to the city council that the property be listed in the register.
The public, property owner(s) and the authors of the nomination, if different, and lessees, if any, shall be
notified of the listing.
5. Inclusion into the Everett register of historic places requires owner approval. Everett register historic
districts require approval by owners of a majority of the properties in the proposed district.
6. Compliance with the Everett historical commission’s advice on proposed changes to the historic register
properties is voluntary. But if the building is altered to destroy its historical and architectural significance,
then the property would be taken off the register and would lose its special valuation status.
C. Removal of Properties from the Register. In the event that any property is no longer deemed appropriate for
designation to the Everett register of historic places, the commission or property owner may initiate removal
from such designation by the same procedure as provided for in establishing the designation, subsection B of
this section.
D. Effects of Listing on the Register.
1. Listing on the Everett register of historic places is an honorary designation denoting significant association
with the historic, archaeological, engineering or cultural heritage of the community.
2. Prior to the commencement of any work on a register property, excluding painting, and emergency
measures, the owner must request a certificate of appropriateness from the commission for the proposed
work. Violation of this rule shall be grounds for the commission to review the property for removal from
the register.
3. As a certified local government (CLG), the commission may grant special tax valuation for the
rehabilitation of properties listed on the Everett register of historic places.
4. Prior to whole or partial demolition of a register property, the property owner must request and receive a
waiver of a certificate of appropriateness.

19.28.140 Changes to properties on Everett Register of Historic Places.
A. Review Required. No person shall change the use, construct any new building or structure, or reconstruct,
alter, restore, remodel, repair, move or demolish any existing property on the register without review by the
historical commission and issuance of a certificate of appropriateness, or in the case of demolition a waiver as
a result of the review. The review shall apply to all features of the property that contribute to its designation
as identified on the nomination form.
B. Exemption. This section shall have no application to ordinary repair and maintenance, including painting, nor
to emergency repairs.
C. Review Process.
1. Requests for Review and Issuance of a Certificate of Appropriateness or Waiver. The building official shall
report any application for a permit to work on a designated Everett register property to the commission
staff, who shall notify the applicant of the commission review requirements. The commission shall review
the application for certificate of appropriateness or waiver prior to the building official granting a permit.
Any conditions agreed to by the applicant in this review process shall become conditions of approval of
the permits granted. If conditions are not met, the certificate of appropriateness may be revoked or, in
the case of a waiver involving demolition, the city may take such action it deems appropriate including
issuance of stop-work orders and/or suspension of permits.
2. Commission Review. The owner or their agent shall apply to the commission for a review of the proposed
changes to a register property or within a register historic district and request a certificate of
appropriateness or, in the case of demolition, a waiver. Each application for review of proposed changes
shall be accompanied by such information as is required by the commission established in its rules for the
proper review of the proposed project.
3. Commission Procedures. The commission shall meet with the applicant and review the proposed work
according to the requirements set forth in this chapter, and, in the case of reconstruction, alteration,
restoration, remodel, repair or moving, the design review criteria established in the Washington State
Advisory Council’s Standards for Rehabilitation and Maintenance of Historic Properties. The commission’s
recommendation shall state the findings of fact and reasons relied upon in reaching its decision. Any
conditions agreed to by the applicant in this review process shall become conditions of approval of the
permits granted. The decision concerning the granting or denial of a certificate of appropriateness shall be
made by the planning director on the advice of the commission according to the standards established in
the commission’s rules. Once a decision is rendered, it shall be transmitted to the building official. The
building official may then issue the permit provided the proposed work meets all other appropriate
regulations.
4. Demolition. A waiver of the certificate of appropriateness is required before a permit may be issued to
allow whole or partial demolition of a designated Everett register property. The owner or their agent
shall apply to the commission for review of the proposed demolition and request a waiver. When there is
no feasible alternative to demolition, then either the significant historic character defining features should
be saved and incorporated as part of the new design, or the new design should, in some measure,
preserve or recognize the historic character or provide reasonable mitigation. The commission shall make
a recommendation to the city council. The commission may recommend that: (a) the waiver be granted;
(b) the waiver be granted with conditions; or (c) the waiver be denied. In addition, the commission may
recommend that the property be removed from the register upon demolition. Conditions, in the case of a
recommendation waiving a certificate of appropriateness involving demolition, may include a
recommendation that the owner provide reasonable mitigation for the loss of the Everett register
property. Reasonable mitigation for the loss may include a demolition that: (1) saves significant facade
features and incorporates them into the design of the structure; (2) incorporates identified character
defining features into the design of the new structure; or (3) such other alternatives found acceptable to
the historical commission or the city council.

19.28.150 Review and monitoring of properties for special property tax valuation.
A. The class of properties eligible for special valuation shall be limited to properties listed on the Everett register
of historic places.
B. Applications for special property tax valuation in connection with substantial improvement of historic
properties as defined in chapter 84.26 RCW, shall be submitted to the commission by the county assessor
within ten days of filing.
C. The commission shall approve applications for special valuation if the property meets the provisions of
chapter 84.26 RCW and is not altered in a way which adversely affects those elements which contribute to its
designation and the owner(s) enters into an agreement with the commission which requires the owner(s) for
the ten-year period of classification to:
D. Monitor the property for its continued qualification for special valuation;
E. Comply with rehabilitation plans and maintenance as defined in the agreement;
F. Make the historic aspects of the property accessible to public view one day a year, if the property is not visible
from the public right of way;
G. Apply to the commission for approval or denial of any demolition or alteration; and
H. Comply with all other provisions in the original agreement.
I. Owners of Everett register properties that have been granted special valuation must execute an historic
preservation agreement with the city. This agreement covers the owner’s obligation for maintenance, repair
or alteration of the historic structure. Any breach of this historic preservation agreement may result in the loss
of special valuation.
J. Once an agreement between an owner and the commission has become effective, there shall be no changes
in standards of maintenance, public access, alteration or report requirements, or any other provisions of the
agreement, during the period of the classification without the approval of all parties to the agreement.
K. An application for classification as an eligible historic property shall be approved or denied by the commission
before December 1st of the calendar year in which the application is made.
L. The commission shall notify the county assessor and the applicant of the approval or denial of the application.
M. If the commission determines that the property qualifies as an eligible historic property, the commission shall
certify the fact in writing and shall file a copy of the certificate with the county assessor within ten days of the
determination and no later than December 31st.
N. Any decision of the commission acting as the local review board on any application for classification as historic
property, eligibility for special valuation, may be appealed to superior court.

Instructions to reader: This chapter in the Unified Development Code will repeal the existing Chapter 19.29 and
replace with the chapter set forth below. For a summary of the effect of this chapter from current standards, please
visit the Rethink Zoning Library at https://everettwa.gov/2453/Rethink-Zoning-Library.
Chapter 19.29 Planned Development Overlay
Table of Contents
CHAPTER 19.29 PLANNED DEVELOPMENT OVERLAY..................................................................................................... 1
19.29.010 USER GUIDE. ......................................................................................................................................... 1
19.29.020 REVIEW PROCESS. .................................................................................................................................. 1
19.29.030 MINIMUM LOT AREA. ............................................................................................................................. 1
19.29.040 MODIFICATION OF PERMITTED USES........................................................................................................... 1
19.29.050 MODIFICATION OF DEVELOPMENT STANDARDS............................................................................................. 2
19.29.060 PLANNED DEVELOPMENT OVERLAY APPROVAL. ........................................................................................... 3
19.29.080 FINAL DEVELOPMENT PLAN. ..................................................................................................................... 3
19.29.120 FINAL DEVELOPMENT PLAN—AMENDMENTS PERMITTED. .............................................................................. 4
19.29.130 MUTUAL SAFEGUARDS. ........................................................................................................................... 4
19.29.140 CONFLICT. ............................................................................................................................................ 5
19.29.010 User guide.

This chapter establishes a mechanism for a property owner to propose a residential, commercial, industrial, or
mixed-use development that is innovative or otherwise beneficial to the community but which does not strictly
comply with the provisions of the zone in which the property is located. This mechanism is called a planned
development overlay (“PDO”) and is intended to promote high quality developments which benefit the city more
than would a development which complies with the specific requirements of this title, while allowing greater
flexibility in the design of such developments. The criteria to be used in determining a proposed planned
development’s quality are listed in EMC 19.29.050(C) below.
19.29.020 Review process.

All proposals for a PDO shall be reviewed using the review process as described in Title 15, Local Project Review
Procedures.
19.29.030 Minimum lot area.

The minimum lot area required for property proposed for a PDO shall be:
A. MU zone—one acre;
B. LI2 zone—twenty acres;
C. HI zone—five acres;
D. Residential zones – one acre
E. All other commercial or industrial zones—two acres.
19.29.040 Modification of permitted uses.

A. Residential Use.
1. Residential use may not be allowed in industrial zones through the PDO process.
2. Up to four units of attached housing may be allowed in single-family zones.
3. Multifamily is allowed only as set forth in EMC 19.05.
4. On-site recreational and community facilities is allowed in all residential zones.
Ch. 19.29 Planned Development 1 Planning Commission Recommendation (09/08/20)

B. Nonresidential Uses.
1. The planned development overlay may allow nonresidential uses which are not otherwise permitted in
the underlying use zone only under one or more of the following circumstances:
a. The use shall be part of a planned development in which not more than twenty-five percent (25%) of
the gross floor area of the development is devoted to a use which is not otherwise permitted in the
underlying use zone.
b. The use shall be supportive of and/or complementary to the other uses within a planned
development.
c. The use shall be compatible with the uses permitted in the surrounding area.
d. There is public benefit to be realized by allowing the proposed use.
2. Nonresidential uses may be located within the residentially zoned portion of a planned development
when the proposed development includes residential use as an integral component of the planned
development and when nonresidential uses are situated and developed in such a manner as to be
compatible with any residential uses that are existing or which could be developed in the adjoining
residentially zoned area.
19.29.050 Modification of development standards.

A. The city, using the planned development overlay, may allow the following development standards to be
modified:
1. Building setbacks;
2. Height of building or structure;
3. Required off-street parking spaces;
4. Landscaping requirements;
5. Sign requirements;
6. Standards specified in the “special regulations” or footnotes of the use tables (EMC 19.05);
7. Lot size;
8. Lot width;
9. Design and development standards contained in this title.
10. Residential increase of up to fifteen percent (15%) greater than the density would be allowed pursuant to
EMC 19.06 without the planned development overlay if:
a. The design quality of the development offsets the impact of the increase in density; and
b. The increase in density is compatible with existing uses in the immediate vicinity of the subject
property.
B. Standards which may not be modified or altered are:
1. Shoreline regulations when the property is located in an area under the jurisdiction of the Everett
shoreline master program;
2. Standards pertaining to development in critical areas or floodplains;
3. Regulations pertaining to nonconforming uses.
C. Basis for Approval of Alternative Development Standards. Approval of alternative development standards
using the planned development overlay differs from the variance procedure described in EMC 19.41 of this
title in that rather than being based upon a hardship or unusual circumstance related to a specific property,
the approval of alternative development standards proposed by a planned development shall be based upon
the quality of the development plan and the criteria listed in this paragraph. In evaluating a planned
development which proposes to modify the development standards of the underlying use zone, the city shall
consider and base its findings upon the ability of the proposal to satisfy the following criteria:
1. The quality of the proposed development and its compatibility with surrounding properties, especially
related to:
a. Landscaping and buffering of buildings, parking, loading and storage areas,
b. Public safety,

c. Site access, on-site circulation and off-street parking,
d. Light and shadow impacts,
e. Number, size and location of signs,
f. Generation of nuisance irritants such as noise, smoke, dust, odor, glare, vibration or other
undesirable impacts,
g. Architectural design of buildings and harmonious use of materials;
2. The unique characteristics of the subject property;
3. The unique characteristics of the proposed use(s);
4. The arrangement of buildings and open spaces as they relate to various uses within or adjacent to the
planned development;
5. Visual impact of the planned development upon the surrounding area;
6. Public improvements proposed in connection with the planned development;
7. Preservation of unique natural features of the property;
8. The public benefit derived by allowing the proposed alteration of development standards.
19.29.060 Planned Development Overlay Approval.

Planning Commission Action.
1. A public hearing, pursuant to Title 15, shall be conducted by the planning commission, which shall make
its decision based upon all information provided in the application materials and/or presented at the
public hearing.
2. The planning commission, after reviewing the evidence, shall take formal action in writing either
approving the proposal as presented, approving subject to certain specific modifications, or disapproving
it.
3. The action of the planning commission is a recommendation to the city council.
C. City Council Action
1. A planned development overlay must be approved by the city council, following a public hearing.
2. After approval from city council, a planned development overlay may proceed to final development plan
approval as set forth in EMC 19.29.080 below.
D. Zoning Map
1. A planned development overlay approved by city council shall be noted on the official zoning map.
2. In the event that the final development plan is not submitted for approval as set forth in EMC 19.29.080
below, the planning director shall remove the planned development overlay from the official zoning map.
19.29.080 Final development plan.

Procedure
The final development plan shall consist of elements presented for preliminary approval. The procedure involved
in final approval shall consist of the following:
1. The final development plan shall be submitted to the planning department.
2. The planning staff shall review the final development plan to see that it is in substantial compliance with
the previously approved preliminary development plan.
3. All schematic drawings presented in the preliminary development stage shall be presented in detailed
form, i.e., landscaping, circulation, utilities, building location, etc.
4. If the final plan is in substantial compliance with the approved preliminary plan, it shall be approved by
the planning director using the review process as described in Title 15, Local Project Review Procedures.

Time Limit for Submission
1. Within a period of three years following the approval of the preliminary development plan by city council
or such other time frame established, the applicant shall file with the planning department a final
development plan.
2. Extension. The planning director, for good cause, may extend for one year the period for filing of the final
development plan.
Failure to Submit
If the applicant fails to apply for final approval for any reason within the time specified in subsection B above, the
rezone shall become void. All future land uses or site development shall be subject to the requirements of the
underlying use zone unless a new application for a planned development is submitted and approved.
19.29.120 Final development plan—Amendments permitted.

A. Minor changes in the location, siting, height of buildings and structures may be authorized by the director
without additional public hearings if these changes were required by engineering or other circumstances not
known at the time the preliminary plan was approved. No changes authorized by this section may cause any of
the following:
1. A change in the use, intensity or character of the development;
2. An increase in the overall ground coverage of structures of more than ten percent (10%);
3. A reduction in approved open space, off-street parking, or loading zones; or.
4. A reduction in the public benefit provided by the approved plan.
B. Changes in uses, rearrangements of lots, blocks, buildings, tracts, or changes in the provision of common open
space and changes other than listed above shall be reviewed by the city council following a recommendation
from the planning commission, following the same notification and public hearing process as required for the
original approval. Such amendments may be made only if they are shown to be in the best long-term interests
of the community.
19.29.130 Mutual safeguards.

A. The city shall not impose additional zoning code standards on a proposed planned development which has
been given preliminary approval, even if code standards have been amended, provided a final development
plan is submitted within the original three-year period or within the time period prescribed by the
development agreement for final development plan submittal. If the applicant requests an extension of time,
the city may impose additional standards on the preliminary planned development approval if such changes
are based upon changes to the zoning code or any other ordinances which have occurred since the original
planned development approval was granted.
B. A plan submitted for final approval shall be deemed to be in substantial compliance with the plan given
preliminary approval, provided any modification by the applicant does not:
1. Increase the residential density;
2. Reduce the area set aside for common open space;
3. Relocate the open space in a manner which makes it less accessible or usable to the public or the tenants
of the development;
4. Reduce any of the landscape buffers in width or density of planting between the development and
adjoining properties;
5. Change the point(s) of access to different streets;
6. Increase the total ground area covered by buildings or other impervious surfaces by more than ten
percent (10%);
7. Relocate buildings or impervious surfaces to areas designated as “critical areas”;
8. Fail to preserve trees or other unique natural features which were required to be preserved by the
preliminary planned development approval.

19.29.140 Conflict.
If there is a conflict between this chapter and any other chapter of this title, the requirements of this chapter shall
control.

Zoning-Library.
Chapter 19.31 Institutional Overlay Zone
Table of Contents
CHAPTER 19.31 INSTITUTIONAL OVERLAY ZONE .......................................................................................................... 1
19.31.010 PURPOSE. ............................................................................................................................................. 1
19.31.020 PERMITTED USES. ................................................................................................................................... 1
19.31.030 REVIEW PROCESS. .................................................................................................................................. 1
19.31.040 STANDARDS FOR THE FORMATION OF THE INSTITUTIONAL ZONE. ...................................................................... 2
19.31.050 DEVELOPMENT STANDARDS...................................................................................................................... 2
19.31.060 EFFECT OF APPROVAL. ............................................................................................................................. 3
19.31.010 Purpose.
The purpose of the institutional zone is to allow for various institutional land uses with special needs and impacts
to be located in the Everett community in a manner which is compatible with surrounding land uses through a
master plan review process which requires public involvement and provides predictability to the institution and
the public.
19.31.020 Permitted uses.

A. Uses Established Through Institutional Overlay Zone Master Plan. The institutional zone is intended to allow
for the establishment, expansion, and revision of institutional uses including, but not limited to, colleges,
schools, hospitals, government facilities, and social services located in use zones where such uses are not
already listed as permitted uses. Such uses and closely related uses ancillary to the principal institutional use
shall be established through the master plan review process.
B. Use Permitted in Underlying Use Zone. For any parcel of land not owned by the institution that sponsored an
institutional overlay zone master plan, but located within an approved master plan, the uses permitted shall
be those allowed by the underlying use zone.
19.31.030 Review process.

The institutional zone shall be established only in conjunction with a master plan which generally specifies the
parameters for development of the property. The institutional zone and master plan shall be reviewed using the
review process described in Title 15, Local Project Review Procedures. Either the sponsoring institution or the city
may initiate the establishment of an institutional overlay zone.
A. As part of the master plan for the institution, the following factors shall be addressed:
1. Permitted uses and ancillary uses;
2. Permitted intensity of development, which shall consider
a. Gross floor area of development,
b. Maximum building height,
c. Minimum building setbacks,
d. Maximum lot coverage,
e. Minimum and maximum number of off-street parking spaces,
f. Aesthetic considerations related to building bulk, architectural compatibility, light and glare, urban
design, landscaping, street trees, solar access and shadow impacts;
Ch. 19.31, Institutional Overlay Zone 1 Planning Commission Recommendation (09/08/20)

3. Traffic impacts, adequacy of access to the site and within the site, on-street parking impacts and
limitations, other traffic-related improvements;
4. Other ordinance requirements including, but not limited to, drainage, noise, environmental impacts, and
other requirements of local, state and federal laws;
5. Phasing of development within the institutional zone.
B. Prior to the formal filing of an application for an institutional overlay zone, the sponsoring institution or the
city, whichever initiated the establishment of the institutional overlay zone, shall hold public meetings to
discuss the proposal and address the concerns of the affected area residents and property owners. The master
plan shall reflect the various concerns raised through the public input process.
C. Upon filing of a valid rezone application and completion of the required environmental review process, the
planning commission shall review the proposed master plan, rezone, and any required amendments to the
Everett general plan at public workshops and at least one public hearing at which the planning commission
shall make a decision regarding the proposed institutional overlay zone. The planning commission may
approve, disapprove, or modify the proposed master plan. The decision of the planning commission shall take
the form of a recommendation to the city council, who shall make the final decision.
19.31.040 Standards for the formation of the institutional zone.

A. Formation. The minimum area which may be included within an institutional zone shall be five acres,
measured to the center of abutting city street rights-of-way.
B. Additions. The addition of contiguous property to an existing institutional zone shall have no minimum
required area.
C. Property Ownership. An institutional overlay may consist of multiple parcels, some of which are owned by an
institution and others under separate ownership.
19.31.050 Development standards.

A. Development standards for the individual institutional zone shall be established as part of the master plan
approval process. The city shall establish standards for the following:
1. Building height;
2. Setbacks (front, sides, rear, and, if desired, from specified uses or properties);
3. Lot coverage;
4. Landscaping;
5. Signs;
6. Off-street parking;
7. Other standards determined by the city to be necessary to ensure land use compatibility with other uses
in the surrounding area.
B. The city shall consider the following in determining the standards for a particular institutional zone in a
specific location:
1. The institution’s compatibility with surrounding uses, especially related to:
a. Public safety,
b. Site access, on-site circulation and off-street parking,
c. Architectural design of buildings and harmonious use of materials,
d. Landscaping and buffering of buildings, parking, loading and storage areas,
e. Light and shadow impacts,
f. Generation of nuisance irritants such as noise, smoke, dust, odor, glare, vibration or other
undesirable impacts,
g. Number, size and location of signs;
2. The unique characteristics of the subject property;
3. The unique characteristics of the proposed use(s);

4. The arrangement of buildings and open spaces as they relate to each other within the institutional
campus;
5. Visual impact of the institution on the surrounding area;
6. Public improvements proposed in connection with the institution; and
7. The public benefit provided by the institution.
C. For parcels of land located within an institutional overlay zone approved master plan, but not owned by the
institution that sponsored the master plan, the property shall be developed under the standards of the
underlying zoning.
19.31.060 Effect of approval.

The approval by the city council of a master plan for an institutional zone shall have the effect of a general guide
for future development within the institutional zone. The approved master plan shall remain binding upon the
sponsoring institution and the city. The review of an individual phase or of the entire development as well as the
review of any revision or change shall be in accordance with the review processes described in Title 15, Local

Zoning-Library.
Chapter 19.33 Streets, Sidewalks and Pedestrian Circulation
Table of Contents
CHAPTER 19.33 STREETS, SIDEWALKS AND PEDESTRIAN CIRCULATION .............................................................................. 1
19.33.010 APPLICABILITY AND USER GUIDE. ............................................................................................................... 1
19.33.020 STREET DESIGNATIONS. ........................................................................................................................... 1
19.33.030 PUBLIC SIDEWALK REQUIREMENTS. ............................................................................................................ 4
19.33.040 PUBLIC SIDEWALK TREATMENTS. ............................................................................................................... 5
19.33.050 EXCEPTIONS TO PUBLIC SIDEWALK STANDARDS. ............................................................................................ 5
19.33.060 PEDESTRIAN ACCESS TO PUBLIC STREETS; INTERNAL PEDESTRIAN CONNECTIONS. ................................................. 6
19.33.070 LAND DIVISIONS FOR RESIDENTIAL DEVELOPMENT - PEDESTRIAN ACCESS TO SCHOOLS. ......................................... 7
19.33.080 EASEMENTS AND DEDICATIONS. ................................................................................................................ 7
19.33.010 Applicability and user guide.

This chapter contains regulations concerning public sidewalks, pedestrian connections to public sidewalks, and
internal pedestrian circulation within private property. It is intended to supplement the standards in Title 13,
Streets and Sidewalks, and the City’s Design and Construction Standards and Specifications (DCSS). Detailed
specifications and standard drawings for public streets and private access drives may be found in the DCSS. Where
there is a conflict, the most restrictive regulations shall prevail.
19.33.020 Street Designations.

The designations established herein serve as a basis for application of development standards in the land use code.
They are not to be confused with the functional street classification system used by the city, state and federal
government for transportation planning.
A. Street Type Designations Map. Streets within Everett may have one of four street types designated: Transit
Oriented Development Street (“TOD”), Pedestrian Street, Connector Street and Residential Mixed-Use
Corridor. All other streets are considered “undesignated.” These street types function as a design and use
overlay. For example, some uses may be prohibited outright along TOD or Pedestrian Streets, or the use may
be prohibited on the ground floor of a building. Sidewalk, window transparency and other design standards
may also be different based on the street designation. Use restrictions by street type are included in EMC
19.05. Please refer to EMC 19.12 for additional development standards for these street types.
Ch. 33, Streets, Sidewalks and Pedestrian Circulation 1 Planning Commission Recommendation (09/08/20)
Map 33- 1: Street Designations Map
B. Corner Lots. For corner lots with more than one street type designation, the most restrictive street type
designation applies to that portion of the lot measured 50 feet in depth from the lot line adjoining the
designation. See Figure 33-1 for how to apply this requirement.
Figure 33-1: Corner Lots
C. How development standards are applied to specific properties based on street designations. When a lot or lots
have frontage on a public street with one of the street designations shown on Map 33-1, certain
developments standards will be different than if the property fronted on a street without a street designation.
The following standards are affected by street designations, as shown in Table 33-1:
1. Uses (EMC 19.05, Tables 5-1 through 5-5)
2. Structured parking (EMC 19.12.110)
3. Weather protection (EMC 19.12.120)
4. Transparency (EMC 19.12.130)
5. Public sidewalks (EMC 19.33.030)
6. Minimum building height (EMC 19.22.020)
Table 33- 1: - Structured Parking, Weather Protection, Transparency, Sidewalk Requirements and Building Height by Street Type
RESIDENTIAL
building (accessory building façade building facade
use)
Stand-alone parking
structure (principal 25 feet 25 feet 50 feet 75 feet 100 feet
use)
Structured Parking
See 19.12.110.
Setback Standards
Front, side and rear(1) See underlying zone setback requirements and limits on frontage set forth above
Below grade 0 feet
Weather Protection See 19.12.120
RESIDENTIAL
90% of front 75% of front
Same width as
Length, minimum building building 45% of front building facade
entrance
facade facade
8 feet from
3 feet from front
Depth, minimum front building 6 feet from front building façade
building facade
façade
8 feet, minimum
Height above sidewalk
15 feet, maximum
Transparency See 19.12.130
Percent comprised of
See blank walls
windows and/or doors 90% 60% 45% 45%
(Chapter 21.040)
with clear glass (2-10’)
Total Min. Width 16’ min. 16’ min. 12’ min. 10’ min. per city engineer
Sidewalk Treatments See 19.33.040
At least 2 treatments: Required Required Required N/A N/A
Minimum Building Height See 19.22.020.B (2)

Principal Building 2 - 4 floors N/A N/A N/A N/A
Accessory Building No minimum N/A N/A N/A N/A
Table 33-1 Footnotes:
(1)
Structured parking garages accessed from the rear with no internal turnaround shall be setback at least 25 feet from the far
side of the alley, except as otherwise approved by city engineer.
(2)
Refer to EMC 19.22 for additional building height standards.
19.33.030 Public sidewalk requirements.

A. These standards apply to properties that front on a public street with a designation of TOD, Pedestrian,
Connector or Residential Mixed-Use as shown in Map 33-1. The standards apply when a development is
required to install street and alley improvements in accordance with EMC 13.68.020, or as amended. This
includes both new development and expansions or alterations of an existing use.
1. Public sidewalk standards for designated streets.
a. Sidewalks shall be installed on all frontage on public right-of-way, except when authorized within an
easement by the city engineer.
b. Sidewalk width. Sidewalks shall provide frontage zone, pedestrian clear zone, landscape/furniture
zone, and total minimum width consistent with Table 33-2.
c. Sidewalk pattern shall carry across the driveway.
2. Undesignated streets. The standards in this subsection do not apply to streets shown as ‘undesignated’.
Sidewalk improvement standards for undesignated streets are based on the requirements in Title 13 and
the city’s Design and Construction Standards and Specifications.
B. Historic overlay districts. Sidewalks in historic overlay districts shall include color and patterns similar to other
sidewalks in the historic overlay as directed by the city’s public works standards.
Table 33- 2: Public Sidewalk Widths by Street Designation
FRONTAGE
ZONE
4' – 8’
TOD 2' – 6’ 8' – 10’ 16' min
8' desirable
Pedestrian 2' – 6’ 8' minimum 6' minimum 16' min
Connector 2’ 6' minimum 4' minimum 12' min
Residential Mixed-Use None Per city engineer 4' minimum 10' min
Undesignated None Per city engineer Per city engineer 6' min
See public sidewalk treatment requirements below for specific street designations
19.33.040 Public sidewalk treatments.

On streets designated in Map 33-1 as TOD or Pedestrian, at least two sidewalk treatments are required from the
following list:
A. Special surfacing treatment, such as unit pavers, special materials, and inlays, as approved by the city;
B. Artwork incorporated into or along the sidewalk which is approved by the city’s cultural arts commission;
C. Decorative tree grates;
D. Decorative clocks;
E. Informational kiosks;
F. Landscaping elements, not otherwise required by this title, incorporated into curb bulbs and/or sidewalks; or
G. Other treatments as approved by planning director and city engineer.
19.33.050 Exceptions to public sidewalk standards.

The following exceptions to public sidewalk standards are allowed:
A. Point obstructions: Point obstructions, such as power poles, light poles and fire hydrants, may encroach into
the pedestrian clear zone but the sidewalk must have clear width remaining to meet accessibility
requirements.
B. Steep Topography at Right-of-Way Line: Sidewalks may be located adjacent to the curb when there is
inadequate right-of-way or in steep topography areas where grading to a full street width would cause too
great of an impact.
C. Frontage and landscape/furniture zone shift: In areas where ground-level active uses are anticipated within
the building frontage zone – such as sidewalk cafes or merchandise display – frontage zones should be
designed to be wide enough to accommodate those uses. In no case can an active use encroach on the
pedestrian clear zone. In rare cases, the furniture zone may be reduced in width when approved by the city
engineer and planning director in order to maintain the minimum pedestrian clear zone and allow for
activation of uses in the frontage zone.
D. Other considerations at the direction of the city engineer. The city engineer may allow a modification or
reduction of the public sidewalk standards in this chapter in the following circumstances:
1. The required sidewalk improvements would conflict with existing underground or above-ground utilities,
including sewer, water, stormwater, or power poles;
2. A modification of the required sidewalk improvement is necessary to provide a smooth transition to an
existing sidewalk on the adjacent property, or to an alley where the sidewalk intersects the alley; or
3. The required sidewalk improvement would create a traffic or pedestrian safety hazard, such as sight
distance problems or conflicts with other ingress/egress locations.
19.33.060 Pedestrian access to public streets; internal pedestrian connections.

A. This purpose of this section is to provide safe and efficient pedestrian access from building entrances to the
following: public sidewalks; transit stops; other buildings on the same site; parking lots; and common open
space areas.
B. Where required. An exterior pedestrian circulation system shall be required if there are no internal building
pedestrian access routes that connect buildings to a public street, parking areas, or other buildings on the site.
C. Design Requirements.
1. All developments with exterior pedestrian circulation systems shall provide connections between building
entrances and the public sidewalk, transit stops, off-street parking areas, common open space areas and
alley where applicable. For developments with multiple buildings, provide for pedestrian circulation
between all buildings.
2. The exterior pedestrian circulation system shall be a minimum of three feet wide without obstructions,
designed to meet federal, state and local accessibility standards, and where adjacent to driveways and
parking areas they shall be separated by landscaping, raised curbs at least six (6) inches high, bollards, or
other treatments as approved.
3. For safety and access, landscaping shall not block visibility to and from a path, especially where it
approaches a roadway or driveway.
4. In commercial settings where buildings face onto a parking area rather than the street, provide six-foot
wide walkways adjacent to the facades of retail and mixed-use buildings. This requirement applies where
the adjacent parking stalls have wheel stops. When wheel stops are not incorporated, the walkway width
shall be increased to a minimum of eight feet-six inches.
Figure 33-1: Walkway Width Adjacent to Surface Parking – With and Without Wheel Stops
Example 1 – with Wheel Stop Example 2 – without Wheel Stop
6’ required walkway width when a 8.5’ required walkway

wheel stop is used to prevent width to allow for 2.5’
bumper overhang and placed 2.5’ bumper overhang when a
off the face of the curb wheel stop is not used
5. Nonresidential and Multifamily Development: For nonresidential and multifamily developments with
sixteen (16) or fewer parking spaces, the pedestrian circulation system may be located within an auto
travel lane.
6. Single-family detached and duplex. A driveway may be used to meet the pedestrian connection
requirement between the building entrance and the public sidewalk.
19.33.070 Land Divisions for Residential development - pedestrian access to schools.

A. In all land divisions for residential development, the city may require pedestrian improvements to ensure safe
walking conditions are provided between the development and existing schools or schoolgrounds.
B. Pedestrian improvements may be required off-site in order to mitigate a safety hazard created by the
development as determined by the city engineer.
C. When a proposed division or redivision of land is on an established school bus route, the applicant may be
required to provide a school bus shelter. The city engineer shall make this decision as it relates to the potential
needs of the development.
19.33.080 Easements and dedications.

A. In order to facilitate pedestrian access from a project to proposed and existing streets and to provide access to
schools, parks, playgrounds, trails, transit stops or other pedestrian facilities, the city may require perpetual
unobstructed pedestrian access easements of at least ten (10) feet in width to these facilities. For land
divisions, pedestrian easements shall be shown on the face of the final division map.
B. Where insufficient right-of-way exists to accommodate the full width of the required sidewalk, the city
engineer may require either of the following:
1. A public easement for the portion of the sidewalk located on private property; or
2. A dedication of land sufficient to allow the sidewalk to be located entirely within the public right-of-way.
Chapter 19.38 Nonconformities
Table of Contents
CHAPTER 19.38 NONCONFORMITIES ........................................................................................................................ 1
19.38.010 PURPOSE AND INTENT. ............................................................................................................................ 1
19.38.020 NONCONFORMING USES. ......................................................................................................................... 1
19.38.030 NONCONFORMING STRUCTURES. .............................................................................................................. 2
19.38.040 SUBSTANDARD LOTS - NONCONFORMING LOTS. ........................................................................................... 4
19.38.050 CERTIFICATIONS. .................................................................................................................................... 4
19.38.060 DEFINITIONS. ........................................................................................................................................ 5
19.38.010 Purpose and intent.

A. The purpose of this chapter is to regulate nonconforming structures, uses and lots. This chapter includes
regulations for determining the legal status of nonconforming uses, structures and other site improvements by
creating provisions through which they may be established, maintained, altered, reconstructed, expanded or
abated.
B. For additional requirements related other nonconformities, see the following sections of this title:
1. Open space and common areas – see Chapter 19.09 for multifamily residential and 19.12 for industrial
uses;
2. Adult use businesses – see Chapter 19.13;
3. Parking – see Chapter 19.34;
4. Landscaping – see Chapter 19.35;
5. Signs – see Chapter 19.36.
6. Uses within shoreline jurisdiction – see Shoreline Master Program
19.38.020 Nonconforming uses.

A. Continuation. A nonconforming use is transferable to a new owner or tenant; provided, that the use is not
expanded or discontinued as provided in subsection B of this section and may continue and need not be
brought into conformance with this chapter unless a specific provision of the zoning code otherwise requires
conformance.
B. Discontinuation. Any use which is nonconforming and has ceased for a period of two or more years shall lose
such nonconforming status. All subsequent use of the property or building shall be a use which conforms with
the requirements of the zoning code.
1. A nonconforming use shall be considered discontinued if it meets any of the following criteria:
a. A permitted use has been established within the building containing the nonconforming use;
b. No product or inventory is displayed, stored or sold directly related to the nonconforming use; and
c. Buildings and/or portions of the site engaged in the nonconforming use have been vacant for one
year or more.
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 Chapter 8.20.020, Nuisances. However,
when a nonconforming residential use has been changed to a permitted use, the residential use shall not
be re-established.
Ch. 19.38, Nonconformities 1 Planning Commission Recommendation (09/08/20)

3. Voluntary demolition. Where a property owner undertakes voluntary demolition and replacement, the
nonconforming use shall not be established in the new structure.
C. Change of nonconforming use. In general, nonconforming use may be not be changed to another
nonconforming use. However, in certain circumstances a change of nonconforming use may be authorized,
subject to the following requirements:
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 Chapter 19.05.120
(Miscellaneous Use Table) and standards in Chapter 19.13.030.
D. Expansion. A nonconforming use may be expanded through an increase in building area, land area and/or
parking area using the review process described in EMC Title 15 and the following evaluation criteria:
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 the zoning code;
2. The expansion shall not result in a decrease in the number of off-street parking spaces further below the
minimum required by the zoning code;
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
10. Hours of operation and potential impacts on adjacent properties.
E. Damage or Destruction.
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 re-established if the
following requirements are met:
a. The nonconformity is certified by the planning department;
b. A complete building permit application is filed within one year of such fire or other casualty; and
c. Construction is commenced and completed in conformance with the provisions of the building code
then in effect. This provision shall not reduce any requirements of the building or fire codes in effect
when such structure is rebuilt.
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.
19.38.030 Nonconforming structures.
A. Alteration or Expansion.
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 zoning 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:
a. The expansion does not make the setback or height more nonconforming;
b. The expansion shall not exceed 25 percent within the nonconforming setback or for the portion of
the structure that is nonconforming as to building height; and
c. The expansion complies with all other requirements of this chapter; and the nonconformity has been
certified by the planning department.
Figure 38–1: Expansion of Nonconforming Building
B. Damage or Destruction.
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:
a. The nonconformity of the structure is certified;
b. A complete building permit application is properly filed within one year of such fire or other casualty;
and
c. Construction is commenced and completed in conformance with the provisions of the building code
then in effect. This provision shall not reduce any requirements of the building or fire codes in effect
when such structure is rebuilt.
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 the zoning code.
C. Demolition of Nonconforming Structures. Following the abatement or voluntary demolition of a
nonconforming structure, any new construction shall be in conformance with the zoning code, except in the
following circumstances:
1. A single-family dwelling or duplex which is nonconforming in setbacks, height or lot coverage may be
voluntarily removed or demolished and replaced by a new single-family dwelling or duplex which has the
same nonconforming setbacks, height or lot coverage as the prior nonconforming dwelling, provided:
a. The nonconformity is not increased;
b. The new dwelling meets all current building code requirements; and
c. The nonconformity of the dwelling is certified by the planning department.
2. A detached accessory structure which is accessory to a single-family dwelling or duplex that has
nonconforming setbacks may be demolished and a new accessory structure may be built in the same
location; provided,

a. The new accessory structure does not exceed fifteen feet in height within the setback, or the height
at which the structure was certified above fifteen feet within the setback,
b. The new accessory structure meets current building code requirements; and
c. The location of the nonconforming accessory structure is certified by the planning department.
19.38.040 Substandard lots - Nonconforming lots.

This section addresses lots that do not meet minimum lot area and/or dimensional requirements of this title, and
lots that have been created or altered prior to there being a formal land division requirement in the city. This
section also addresses how such lots may be considered legal lots for zoning purposes.
A. R-S, R-1 and R-2 zones. In the R-S, R-1 and R-2 zones, subject to other limitations imposed by other provisions
of this title, a single-family dwelling may be erected on any single “lot” as defined in this title. A lot shall meet
the following criteria, as applicable:
1. A lot created via the subdivision process of Chapter 58.17 RCW;
2. A lot which 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.
B. Substandard Lots - Multifamily, Commercial and Industrial zones. Any substandard lot may be used for any of
the uses permitted in the respective zone, subject to the special regulations and end notes in EMC Chapter
19.05, and in accordance with the review process and general evaluation criteria in EMC Title 15 and all other
regulations including minimum yards, provided:
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.
C. Substandard Lots—Merger Clause. The following applies to substandard lots in the R-S, R-1 and R-2 zones
which otherwise meet the criteria in subsection A of this section:
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.
For purposes of this section, “structure” means anything constructed or erected, the use of which
requires location on the ground or attachment to something having location on the ground and includes,
but is not limited to, houses, garages, carports and accessory structures.
19.38.050 Certifications.

Certain nonconforming uses, structures and lots require certification by the city if any development or
improvements are proposed on the subject lot or lots that requires a building permit. Certification involves
providing documentation that the use, structure or lot was substantially and legally established either prior to
enactment of zoning regulations, or prior to zoning regulations being changed, resulting in the use or structure no
longer being in compliance with current code. Certification must establish the physical nature of improvements
and when such improvements were installed. Certification involves providing the necessary application, fees and
supporting documents to the Planning Department.
A. Nonconforming Use or Building Certification. For a building permit application, it may be necessary to certify a
use, building, or structure which complied with the zoning requirements at the time it was established or
constructed and now does not comply with the current zoning use and/or development standards. The
certification process typically involves submitting an application and supporting documentation showing the
dates, location and/or nature of the use and structure(s).
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.
B. Nonconforming Lot Certification.
1. Substandard lots, as provided by 19.38.040 of this chapter, 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 zoning 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 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.
a. Residential zones. Lot certification is not required for any substandard lot that contains a dwelling
unit.
b. Commercial and industrial zones. The planning director may waive the requirement for lot
certification based on prior development activity and/or changes in zoning.
The following definitions are used within this chapter. For additional definitions, please refer to EMC 19.04.
A. “Nonconforming lot” means a legally established lot, the area, dimensions or location of which met the
applicable Zoning or Unified Development Code requirements in effect at the time the lot was created, but
which fails by reason of such adoption, revision or amendment of the Zoning or Unified Development Code, to
B. “Substandard lot” means a parcel of land that does not meet minimum lot area, lot width, lot depth or lot
frontage requirements of this title.

Chapter 19.39 General Provisions
Table of Contents
CHAPTER 19.39 GENERAL PROVISIONS ..................................................................................................................... 1
19.39.010 USER GUIDE. ......................................................................................................................................... 1
19.39.020 ANIMALS. ............................................................................................................................................. 1
19.39.030 GARBAGE RECEPTACLES, DUMPSTERS AND RECYCLE BINS—PLACEMENT AND SCREENING. ..................................... 1
19.39.040 JUNK IN YARD. ....................................................................................................................................... 1
19.39.050 OUTDOOR USE, ACTIVITY AND STORAGE. ..................................................................................................... 1
19.39.060 PERFORMANCE REGULATIONS—GENERAL. .................................................................................................. 3
19.39.070 SURVEYS REQUIRED. ............................................................................................................................... 3
19.39.080 VEHICLE AND EQUIPMENT REPAIR ON RESIDENTIAL PREMISES. ......................................................................... 3

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.
19.39.020 Animals.
The keeping of animals shall be governed by the provisions of the animal control ordinance (EMC 6.04).
19.39.030 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.
19.39.040 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.)
19.39.050 Outdoor use, activity and storage.

A. Residential Zones. Uses and activities normally associated with a residential use are allowed in a residential
zone. The outdoor storage of firewood may not be located within front setback areas but may be located in
other required setback areas.
Ch. 39 General Provisions 1 Planning Commission Recommendation (09/08/20)

B. Commercial and Industrial Zones.
1. General. Subject to the requirements of subsections (B)(2) through (B)(6) of this section, the uses and
activities that are allowable on a site in commercial and industrial zones may be conducted out of doors
unless individual zones of this title limit outside activity for a particular use in a particular zone. Where
there is a conflict in requirements in this chapter and elsewhere in this title, the more restrictive
requirements shall apply.
2. Site Plan. The applicant shall submit a site plan for approval by the planning department. The site plan
shall be accompanied by an application form provided by the planning department and shall include all
information requested on the application form.
3. Specific Use and Development Requirements. The city will review an application for outdoor use, activity
and storage using the appropriate review process for the principal use. If the principal use is established,
the review process described in Title 15, Local Project Review Procedures, shall be used. The review
authority will make a decision based upon the following standards:
a. All outdoor use, activity and storage areas must comply with setback requirements for the primary
use.
b. A solid sight-obscuring fence or other appropriate screening approved by the planning department is
required around the outside edges of the area devoted to the outdoor use, activity or storage. The
height of outdoor storage abutting public streets or residential zones shall not be higher than the
height of the screen device approved by the planning department.
c. Except in the LI2 zone, outdoor use, activity or storage areas located adjacent to property in the same
zone may be located in the required interior side and rear setback yards. All outdoor use, activity and
storage areas located adjacent to residential zones must meet required setbacks for the primary use.
d. When gross floor area or lot coverage requirements are applicable, an outdoor use, activity or
storage area will be used in calculating the permitted gross floor area or lot coverage of a use or
development if this area will be used as an outdoor use, activity or storage area for at least two
months in every year.
e. If located on an unimproved area of the site, the underlying ground must be improved as required by
the department of public works.
4. Exceptions to Outdoor Use, Activity or Storage. The following outdoor uses and activities when located in
commercial and industrial zones, are exempt from the requirement of this subsection as stated below:
a. Exceptions to subsections (B)(3)(a) through (B)(3)(d) of this section, provided that a temporary
certificate of occupancy from the building department is obtained:
i. Outdoor Christmas tree lots and fireworks stands if these uses will not exceed forty-five days.
ii. Outdoor amusement rides; carnivals and circuses; and parking lot sales which are ancillary to the
indoor sale of the same goods and services if these uses will not exceed ten days.
b. Exception to subsections (B)(3)(a) and (B)(3)(b) of this section:
i. Outdoor dining areas, where permitted.
ii. Outdoor display of vehicles for sale or lease provided that they meet all of the standards of
Section 19.35.080 of this title.
5. Modification. The applicant may request a modification of the requirements of subsections (B)(2) through
(B)(4) of this section by submitting a written request with their site plan to the planning director for
review. The planning director may approve a modification using the review process as described in Title
15, Local Project Review Procedures, if:
a. The modification will not create a greater impact on any nearby residential use than would be
created without the modification; and
b. The modification will not detract from the character of nearby uses; and
c. The modification will not be injurious to public health, safety or welfare; and
d. The modification is consistent with the policies of the Everett general plan; and

e. Landscaping or other means of screening is provided to reduce the visual impact of the outdoor use,
activity or storage areas on surrounding properties and public right-of-way.
6. Appeals of Outdoor Use, Activity and Storage Modification Requests. The planning director’s
determination may be appealed as provided for in Title 15, Local Project Review Procedures, for the
applicable review process.
19.39.060 Performance regulations—General.

This section contains general requirements intended to prevent nuisance impacts. Some chapters of this title
contain more detailed performance regulations. For example, see EMC 20.08 (Noise).
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 regulations in EMC
20.08.
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 Clean Air Agency. See EMC 19.13.070
regarding alcohol production and coffee roasters.
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.
19.39.070 Surveys required.

A. 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.
B. 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.
C. 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.
19.39.080 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 EMC 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. Recycling and disposal of all vehicle and automotive waste products shall be done in accordance with
Washington State law.

Zoning-Library.
Chapter 19.40 Fences
Table of Contents
CHAPTER 19.40 FENCES ........................................................................................................................................ 1
19.40.010 FENCES HEIGHT AND LOCATION. ................................................................................................................ 1
19.40.020 BARBED WIRE, RAZOR WIRE, AND OTHER SIMILAR FENCE MATERIALS. ............................................................ 2
19.40.030 FENCES WITHIN PUBLIC RIGHT-OF-WAY....................................................................................................... 2
19.40.040 FENCES ABUTTING PUBLIC STREET FRONTAGE. .............................................................................................. 2
19.40.050 TEMPORARY FENCING. ............................................................................................................................ 2
19.40.060 MAINTENANCE. ..................................................................................................................................... 2
19.40.010 Fences height and location.

A. Residential zones - fence height and setbacks. Fences shall not exceed a height of:
1. Forty-two inches within the front setback or the abutting right-of-way.
2. Six feet within the street side setback or the abutting right-of-way.
3. Seven feet within the interior side or rear setbacks.
4. Exceptions:
a. Fences within the front setback or the abutting right-of-way may be up to six feet in height if the
fence is at least ten feet from the sidewalk, is at least seventy percent transparent from three feet to
six feet, and is not chain link or other type of similar material. If no sidewalk exists, the minimum
distance required is determined by the city engineer.
b. For corner lots or double fronting lots, the front and street side or rear fence heights can be switched
if the front of the house faces the street side or rear.
c. Arbors. Arbors may exceed the maximum fence height within the front setback for a distance of up to
twenty percent of the lot frontage on the street, provided the height of the arbor does not exceed
eight feet.
d. Where a structure has a nonconforming front setback, a fence along the street-facing façade line is
not required to comply with the fence height limitation for the front setback.
e. Conditional uses. For development subject to the conditional use process, fences may deviate from
the standards in this section as approved by the review authority.
B. MU and NB zones.
1. Height and location. Fences may be up to six feet in height if the fence is at least ten feet from the back of
the sidewalk and is at least seventy percent transparent. The transparency requirement shall not apply to
any fence 36 inches or less in height. If no sidewalk exists, the fence must be set back a minimum of ten
feet from where the sidewalk will be placed in the future as determined by the city engineer.
2. Materials. Chain link, wire, corrugated, sheet metal or other similar types of fences are prohibited.
C. Freeways (I-5 and SR-526). Fences abutting freeways shall have no height limit.
D. Commercial and industrial zones. Fences in commercial and industrial zones shall not exceed ten feet in
height, including barbed wire located on top of the fence except:
1. Any fence taller than forty-two inches must be set back a minimum of ten feet or the required landscape
width, whichever is greater, from any lot line along a street and;
2. Any fence within ten feet of a residentially zoned property shall not exceed seven feet in height.
Ch. 19.40, Fences 1 Planning Commission Recommendation (09/08/20)

3. See Subsection 40.010.B for fence height restrictions in the MU and NB zones.
E. 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.
19.40.020 Barbed Wire, Razor Wire, and Other Similar Fence Materials.
A. Barbed wire, razor wire and other such materials are not permitted in any residential zone except for security
facilities around utility or communications facilities, or government facilities. In commercial and industrial
zones, these fencing materials are permitted only atop a fence or wall at least six feet in height. For property
located within a commercial or industrial zone, these materials are not permitted on any fence located within
10 feet of a residentially zoned property.
B. Wire, corrugated, non-decorative sheet metal, or other similar type fencing are prohibited along a street
fronting lot line in all zones. Chain link fences are prohibited in the MU and UR4 zones, and in the Historic
Overlays.
C. Electric Fences. Electric fences may be installed and maintained in the AG zone for the purpose of controlling
permitted livestock; provided, that no such fence shall border any public right-of-way or constitute a lot line
fence. Electric fences are permitted in commercial and industrial zones using the review process described in
EMC Title 15.02, provided such fence shall be installed interior to a nonelectric perimeter barrier not less than
six feet in height.
19.40.030 Fences within public right-of-way.

A. A permit from the public works department must be obtained prior to placement of any fence within the city
right-of-way.
B. Fencing for sidewalk cafes shall be reviewed and approved by the city engineer and planning director.
C. Setback for fences abutting a public sidewalk. No fence, if located within the public right-of-way, shall be
located closer than two feet from any public sidewalk.
D. Fences located near fire hydrants, water mains and other infrastructure will require review and approval by
the city engineer.
19.40.040 Fences abutting public street frontage.

When street frontage landscaping is required by this title, any fences along the public street frontage shall be
located behind the landscaping.
19.40.050 Temporary fencing.

Temporary fencing that is necessary for construction activity, including chain link and barricade type fencing, may
be allowed in any zone for up to twelve months, or as necessary for site security needs during ongoing
construction activity.
19.40.060 Maintenance.
All fences, whether or not required by this title, shall be maintained in a condition of repair so as not to be
dangerous to human life or a danger to the property. For fences visible from the public right-of-way, damaged
sections, missing boards, or leaning fences shall be repaired, replaced or removed so as to not create a visual or
attractive nuisance.
Ch. 19.40, Fences 2 Planning Commission Recommendation (09/08/20)

Zoning-Library.
Chapter 19.41 General Authority and Requirements
Table of Contents
CHAPTER 19.41 GENERAL AUTHORITY AND REQUIREMENTS ........................................................................................... 1
19.41.010 VARIANCES. .......................................................................................................................................... 1
19.41.020 ENFORCEMENT, VIOLATION AND PENALTIES. ................................................................................................ 1
19.41.030 BUSINESS LICENSE APPLICATIONS. ............................................................................................................. 2
19.41.040 COMPLIANCE WITH SEPA AND OTHER LAWS. .............................................................................................. 2
19.41.050 PROMULGATION OF RULES, PROCEDURES AND INTERPRETATIONS. .................................................................... 2
19.41.060 MAINTENANCE. ..................................................................................................................................... 2
19.41.070 ASSURANCE DEVICES. ............................................................................................................................. 4
19.41.080 VALIDITY. ............................................................................................................................................. 6
19.41.010 Variances.
The provisions of this title can be varied on a case-by-case basis if the application of such provisions would result in
unreasonable and unusual hardship. The criteria in EMC 15.03.140 must be met in order to approve a variance. See
EMC 15.01 for application requirements and EMC 15.02 for procedures and public notice requirements.
19.41.020 Enforcement, violation and penalties.

A. Enforcement.
Enforcement of the provisions of this title and of any permits or approvals issued pursuant thereto shall be
performed in accordance with the procedures established in this title and Chapter 1.20.
B. Violation.
No person, firm, association, corporation or any agent thereof shall violate or fail to comply with any provisions of
this title nor use any property, erect any structure, occupy or use any structure or place any improvement on any
property in violation of any provision of this title. Each such person, firm, association, corporation or agent thereof
shall be deemed guilty of a separate offense for each and every day during which any violation of any provision of
this title is committed, continued or permitted.
C. Penalties.
Any violation or failure to comply with the provisions of this title shall be subject to the provisions of the
enforcement procedures as set forth in Chapter 1.20. Further, any building or structure set up, erected, built, used,
moved or maintained or any use of property contrary to the provisions of this title, shall be and the same is
declared to be a public nuisance. The city administration, upon concurrence of the city attorney, may file for
injunctive or other forms of civil relief in superior court. The penalty and enforcement provisions provided in this
title shall not be exclusive, and the city may pursue any remedy or relief it deems appropriate.
D. Right of Entry.
Whenever necessary to make an inspection to enforce any of the provisions of this title, or whenever the code
compliance officer has reasonable cause to believe that there exists in any building or upon any property any
condition which makes such building or property to be in violation of this title, the code compliance officer may
enter such building or property at all reasonable times to inspect the same or to perform any duty imposed upon
the code compliance officer by this title; provided, that if such building or property be occupied, he/she shall first
Ch. 19.41 General Authority and Requirements 1 Planning Commission Recommendation (09/08/20)
present proper credentials and demand entry; and if such building or property be unoccupied, he/she shall first
make a reasonable effort to locate the owner or other persons having charge or control of the building or property
and demand entry. If such entry is refused, code compliance officer shall have recourse to every remedy provided
by the law to secure entry. If the owner or occupant denies entry, the code compliance officer shall obtain a
proper inspection warrant or other remedy provided by law to secure entry. No owner or occupant or other
person having charge, care or control of any building or property shall fail or neglect, after proper request is made
as provided in this chapter, to promptly permit entry therein by the code compliance officer for the purpose of
inspection and examination pursuant to this title.
19.41.030 Business License Applications.

All applications for business license which are submitted to the city clerk shall be reviewed by the planning
department to determine whether the proposed business meets the requirements of this title and the specific
requirements of the zone in which the business is proposed to be located.
19.41.040 Compliance with SEPA and other laws.

A. The State Environmental Policy Act (SEPA) applies to many of the decisions that will be made using this title.
Each application shall be evaluated and, where applicable, comply with SEPA, with state regulations, federal
regulations and city regulations and ordinances. The minimum requirements set forth in the zoning code may
be increased based upon the SEPA review process or requirements contained in other city regulations.
B. Project permit applications must be processed in accordance with Chapter 36.70B RCW, Local Project Review,
which is implemented by Title 15, Local Project Review Procedures. Each project permit application will be
processed in accordance with the permit application classification (type of land use application) and the
procedures for processing permits established in Title 15, Local Project Review Procedures.
19.41.050 Promulgation of rules, procedures and interpretations.

The planning director is authorized to promulgate administrative rules, procedures and interpretations consistent
with the terms of this title. Appeals of any such rule, procedure, interpretation or other administrative
determination made by the planning director shall be made in accordance with the appeal procedures as set forth
in Title 15, Local Project Review Procedures.
19.41.060 Maintenance.
A. Overview
Various chapters of this title establish specific development, performance and maintenance standards for uses and
developments on individual properties.
1. All properties or parts thereof shall be maintained in a safe and sanitary condition to reduce blight and
sustain the highest quality of life standard within the city.
2. All exterior property and premises, and the interior of every structure shall be free from any accumulation
of rubbish or garbage.
3. All premises and exterior property shall be maintained as further set forth in subsection B below.
4. All properties or parts thereof shall be maintained to meet the requirements of this title and any
conditions or restrictions imposed on the property by federal, state or city requirements.
B. Maintenance Requirements
1. Fences. All fences, whether or not required by this title, shall be maintained in a condition of repair so as
not to be dangerous to human life or a danger to the property. For fences visible from the public right-of-
way, damaged sections, missing boards, or leaning fences shall be repaired, replaced or removed so as to
not create a visual or attractive nuisance.
2. Corner Building Sites. 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.
3. Vision Clearance. All corner building sites located in use districts that require a front and a side setback
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, fence, 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 pavement edge or curb and the sides of the triangle
measured along the street pavement edge or curb 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 street
pavement edge or curb lines. See EMC 19.40 for additional fence standards.
4. Landscaping. All landscape areas required by this title shall be maintained in accordance with the
following standards:
a. All landscaping shall be maintained with respect to pruning, trimming, mowing, watering, insect
control, fertilizing, or other requirements to create a healthy growing condition, attractive
appearance, and to maintain the purpose of the landscape type.
i. Pruning of trees must be consistent with ANSI A300 (Part 1) American National Standard for Tree
Care Operations—Tree, Shrub, and Other Woody Plant Management—Standard Practices
(Pruning) and companion publication Best Management Practices Tree Pruning. Required trees
shall not be pruned to maintain a height below twenty feet, except as required under power lines
or as approved through the landscape modification process in EMC 19.35.190.
ii. The topping, shearing or pollarding of required trees is prohibited.
iii. Portions of trees that extend over areas used by pedestrians or vehicle maneuvering or parking
areas, or that abut driveways, shall be limbed up to a height of seven feet to maintain pedestrian
and vehicle clearance and clear lines of sight.
b. Topped, sheared, pollarded, dead, diseased, stolen, vandalized, improperly pruned, missing or
damaged plants shall be replaced within three months, with the plants indicated on the approved
landscape plan or as required by this chapter.
c. All landscaped areas shall be maintained reasonably free of weeds and trash.
d. All required landscaping which is located within public right-of-way shall be maintained by the
abutting property owner.
e. All LID stormwater management facilities shall also be maintained in accordance with the city of
Everett stormwater management manual.
f. When the city takes enforcement action under Section 19.41.020 to ensure that dead, diseased,
stolen, vandalized, improperly pruned, or damaged plants are replaced, a two-year maintenance
assurance device, as described in Section 19.41.070, shall be required for the replaced landscaping.
5. Maintenance of Private Common Areas. All common open space and recreation areas and all private
utility infrastructure shall be maintained by the property owner or an owners’ association, as applicable,
including but not limited to:
a. Private access drives;
b. Vehicle and pedestrian access easements;
c. Joint use and maintenance agreements;
d. Common off-street parking;
e. Common open space (including, but not limited to, landscape areas, gardens, woodlands, walkways,
courtyards or lawns, and outdoor recreation areas);
f. Private utility infrastructure (including, but not limited to, underground utilities and utility
easements); and
g. Any other common buildings or improvements.
6. Maintenance of Lot, Buildings and Facilities. Buildings, utilities and facilities on lots shall be maintained by
the property owner in accordance with city codes and the requirements applicable to the development.
7. Land Division Covenants, Declarations and Restrictions. Prior to the recording of a land division, the
applicant shall provide covenants, declarations and restrictions required by the city for review and
approval. The common areas and infrastructure identified in subsection B.3 above must be maintained by
an owners’ association in accordance with all applicable provisions of the city code. Said covenants,
declarations and restrictions shall provide authority for the city, after providing reasonable written notice
to the association and opportunity to perform required maintenance, to recover any costs incurred by the
city to maintain private infrastructure or common areas due to a failure of the association to adequately
maintain privately owned improvements, including a lien on the property or other appropriate assurance
device, as determined by the city.
8. Wetland, Shoreline, and Critical Area Buffers and Mitigation Plans.
a. Buffers that are required to be protected with signs or fences shall be maintained as required by this
title or the Everett Shoreline Master Program.
b. Buffer impacts which are approved with mitigation shall ensure that work is completed in accordance
with the mitigation plan, that maintenance and monitoring occur on a regular basis, and that
restoration or rehabilitation is performed in accordance with the contingency plan if mitigation
failure results within five years of implementation.
i. The construction performance guarantees shall not be released until the applicant’s qualified
professional and the planning director sign off to indicate that construction has been completed
as planned.
ii. A separate performance assurance device shall be required for maintenance, monitoring, and
contingency. This guarantee shall not be released until the applicant’s qualified professional and
the planning director sign off that maintenance and monitoring have been completed per the
plan, and the mitigation meets performance goals.
C. Enforcement
Failure to comply with this title will be enforced through the procedures set forth in EMC 1.20.
19.41.070 Assurance Devices.

A. User guide.
Various chapters of this title establish specific development, performance and maintenance standards
for uses and developments on individual properties. This chapter establishes the mechanism by which the city
ensures that the requirements of this chapter are met through the posting of an assurance device to guarantee
completion of required improvements or continued maintenance of improvements required by this title.
B. General.
The planning director may allow or require performance and maintenance assurance devices in conformance with
the provisions of this chapter.
C. When applicable.
1. The planning director shall require a performance assurance device if:
a. The applicant is unable to complete the work or improvements to be covered by the assurance
device because of unavoidable circumstances that in no way resulted from the actions or inaction of
the applicant;
b. It is reasonably certain that the applicant will be able to complete the work or improvements to be
covered by the assurance device within a reasonable amount of time;
c. Granting a certificate of occupancy prior to completion of the work or improvements will not be
materially detrimental to the city or the properties in the vicinity of the subject property; and
d. The proposal is part of a phased development and work required as part of a current phase will be
completed within a time frame established by the planning director, based upon the specific
circumstances related to the site.
2. Maintenance Assurance Device. The planning director may require a maintenance assurance device when
necessary to ensure that improvements required by this title are properly maintained. The planning
director shall establish a time frame for which the maintenance assurance device shall be effective.
3. Work to be performed by any state agency or unit of local government shall be exempt from providing
guarantees based on RCW 35A.21.250.
D. Form of assurance device.
In each case where the city requires or allows an applicant to provide an assurance device, the planning director,
with the approval of the city attorney, shall determine the type of assurance device that will be used.
E. Amount of assurance device.
1. General. The planning director shall determine the amount of the assurance device as follows:
a. For a performance assurance device the amount shall be one hundred fifty percent (150%) of the cost
of the work or improvements covered by the assurance device based on estimated costs immediately
following the expiration of the device, except that the amount of an assurance device for any
improvement regulated by Chapter 19.37 (Critical Areas) shall be three hundred percent (300%) of
the cost of the work or improvements based on estimated costs immediately following the expiration
of the device.
b. For a maintenance assurance device, the amount will not be less than ten percent (10%) of the cost
of replacing the materials covered by the assurance device based on estimated costs on the last day
covered by the device.
c. In determining the amount of the assurance device, the planning director may require that
the applicant provide a detailed estimate of the cost of the improvements for which the assurance
device is required. The planning director may use the estimate to determine the amount of
the assurance device but is not bound by the information submitted by the applicant in determining
the appropriate amount.
2. Responsibility. The assurance device shall specify the following information:
a. The work or improvements covered by the assurance device;
b. Either the period of time covered by the maintenance assurance device or the date after which the
city will use the proceeds of the performance assurance device to complete the required work or
improvements.
3. The city may require the assurance device to be provided before any permits for which the assurance
device is required are issued.
F. License signed by owner of subject property.
In each case where the city requires or allows an applicant to provide an assurance device, the applicant shall
provide in a form acceptable to the city attorney, a license to run with the property which allows the city, its
employees, agents or contractors to go on the subject property for the purpose of inspecting, making or
maintaining the improvements covered by the assurance device. The license shall be valid for the length of time
required for the assurance device.
G. Release of assurance device.
After the work or improvements covered by a performance assurance device have been completed to the
satisfaction of the city, or at the end of the time covered by the maintenance assurance device, the applicant may
request the planning director to release the assurance device. Prior to the release of the assurance device, the city
shall verify that the conditions of the assurance device have been satisfactorily complied with.
H. Use of proceeds—Notice to applicant.
If during the period of time covered by a maintenance assurance device or after the date by which the required
work or improvements are to completed under a performance assurance device, the planning director determines
that the work or improvements have not been satisfactorily maintained or completed, he/she shall notify
the applicant. The notice should contain substantially the following information:
1. A statement that the work must be done or the improvement must be made to comply with the
requirements of the assurance device;
2. A statement setting forth the amount of time that the applicant has to commence and complete the
required work or improvements; and
3. A statement that, if the work or improvements are not commenced and completed within the time
specified, the city will use the proceeds of the assurance device to have the required work or
improvements completed.
I. Use of proceeds—Work by the city.
If the work or improvements covered by the assurance device are not completed within the time specified in the
notice given under subsection H, the city shall obtain the proceeds of the device and do the work or make the
improvements covered by the device. The city may either have employees of the city do the work or make the
improvements or, have a contractor do the work or make the improvements.
J. Use of proceeds—Emergency work by city.
If at any time the planning director determines that an action or inaction associated with any assurance device has
created an emergency situation endangering the public health, safety or welfare, creating a potential liability for
the city, or endangering city streets, utilities or property; and, if the nature or timing of such an emergency
precludes the notification of applicants as provided in subsection H of this section while still minimizing or avoiding
the affects of the emergency, the city may use the assurance device to correct the emergency situation. The city
may either have employees of the city do the work or make the improvements or may have a contractor do the
work or make the improvements. If the city uses the assurance device as provided by this section,
the applicant shall be notified by certified mail, return receipt requested, with four working days of the
commencement of emergency work. The notice must state the work that was completed and the nature or timing
of the emergency that necessitated the use of the assurance device without prior notification.
K. Use of proceeds—Refund of excess, charge for all costs.
The applicant is responsible for all costs incurred by the city in doing the work and making the improvements
covered by the assurance device. The city shall release or refund any proceeds of an assurance device remaining
after subtracting all costs related to doing the work covered by the device. The applicant shall reimburse the city
for any amount expended by the city that exceeds the proceeds of the device. The city is entitled to file a lien
against the subject property for which the assurance device was issued for the amount of any excess which the city
expends in doing the work or making the improvements.
L. Itemized statement.
In each case where the city uses any of the proceeds of the device, it shall give the applicant an itemized statement
of all proceeds and funds used.
19.41.080 Validity.
Should any section, subsection, paragraph, sentence, clause or phrase of this title or its application to any person
or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of this title or its application to any other person or situation. The city council of the city
declares that it would have adopted this title and each section, subsection, sentence, clause, phrase or portion
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions
be declared invalid or unconstitutional.
Instructions to reader: This is a new chapter in the Unified Development Code. The final ordinance will repeal EMC
20.04 Environmental Policy and will be replaced by this chapter in the Unified Development Code (UDC) at Chapter
19.43. For a summary of the effect of this chapter from current standards, please visit the Rethink Zoning Library at
https://everettwa.gov/2453/Rethink-Zoning-Library..
Chapter 19.43 Environmental Policy
Table of Contents
CHAPTER 19.43 ENVIRONMENTAL POLICY ........................................................................................................ 1
19.43.010 TITLE. ....................................................................................................................................................... 1
19.43.020 PURPOSE................................................................................................................................................... 1
19.43.030 STATE RULES—ADOPTION BY REFERENCE. ....................................................................................................... 1
19.43.040 ADDITIONAL DEFINITIONS. ............................................................................................................................ 1
19.43.065 RULES....................................................................................................................................................... 2
19.43.070 FORMS. .................................................................................................................................................... 2
19.43.075 FEES. ........................................................................................................................................................ 2
19.43.080 DESIGNATION OF RESPONSIBLE OFFICIAL. ......................................................................................................... 2
19.43.090 LEAD AGENCY DETERMINATION AND RESPONSIBILITIES. ....................................................................................... 2
19.43.110 DESIGNATION OF OFFICIAL TO PERFORM CONSULTED RESPONSIBILITIES FOR THE CITY. ............................................... 3
19.43.130 CATEGORICAL EXEMPTIONS—MINOR NEW CONSTRUCTION................................................................................. 3
19.43.140 CATEGORICAL EXEMPTIONS—INFILL DEVELOPMENT. .......................................................................................... 4
19.43.200 RULES AND PROCEDURES CONCERNING SUBSTANTIVE AUTHORITY. ........................................................................ 4
19.43.220 GENERAL POLICIES. ..................................................................................................................................... 4
19.43.230 SPECIFIC POLICIES........................................................................................................................................ 4
19.43.240 SUBSTANTIVE AUTHORITY. ............................................................................................................................ 7
19.43.260 NOTICE—STATUTE OF LIMITATIONS. .............................................................................................................. 8
19.43.320 THIRD PARTY LIABILITY. ................................................................................................................................ 8
19.43.010 Title.
The ordinance codified in this chapter shall hereinafter be known as the “city environmental policy ordinance,”
may be cited as such, and will hereinafter be referred to as “this chapter.”
19.43.020 Purpose.
The purpose of this chapter is to establish a clearly understood and effective set of policies and procedures for
implementing the State Environmental Policy Act as set forth in Chapter 43.21C RCW, through the adoption of city
environmental policies, and rules and procedures designed to take into consideration the environmental impact of
actions taken by or affecting the city. The city adopts the ordinance codified in this chapter under the State
Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904.
19.43.030 State rules—Adoption by reference.

This chapter applies to proposals by the city and to city review of, or decisions on, proposals by public or private
applicants or other governmental entities. The city adopts the state SEPA rules, Chapter 197-11 WAC as may be
amended, by reference, as supplemented by additional or more specific provisions contained in this chapter and
Title 15, Local Project Review Procedures.
19.43.040 Additional definitions.
Ch. 19.43, Environmental Policy 1 Planning Commission Recommendation (09/08/20)

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter,
the following terms shall have the following meanings, unless the context indicates otherwise:
A. “Planning Director” means the director of the department of planning and community development or
successor agencies and his/her designee.
B. “Ordinance” means the ordinance, resolution, or other procedure used by the city to adopt regulatory
requirements.
C. “Responsible official” means the planning director designated by the mayor who shall carry out the city’s
procedural responsibilities as the lead agency under this chapter.
D. “SEPA rules” means Chapter 197-11 WAC adopted by the State of Washington Department of Ecology.
19.43.065 Rules.
The city is authorized to promulgate rules for the interpretation and implementation of this chapter through
administrative rules adopted by the responsible official, and resolutions or ordinances adopted by city council.
19.43.070 Forms.
The city shall use the forms substantially as set forth in the SEPA rules. However, the responsible official may
modify the forms if he/she determines that a modified format would improve clear presentation of the proposed
action, the environmental impacts of the proposed action, the environmental determination being made by the
city, and/or the opportunity for commenting on the proposed action or environmental determination.
19.43.075 Fees.
A. Except as otherwise noted in this chapter, all fees required for processing of actions by the city in accordance
with the provisions of this chapter shall be established by the land use permit fee ordinance.
B. Environmental Impact Statement.
1. Notwithstanding any provisions of this chapter, the responsible official may with the concurrence of the
applicant contract directly with a consultant or subconsultant for preparation of an EIS, or a portion of the
EIS, and may bill such costs and expenses directly to the applicant. The city may require that the applicant
post bond or other guaranty device satisfactory to the city to otherwise ensure payment of such costs;
2. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees
collected under this subsection which remain after incurred costs are paid.
C. The city may collect a reasonable fee from an applicant to cover the cost of meeting SEPA public notice
requirements relating to the applicant’s proposals.
D. The city shall not collect a fee for performing its duties as a consulted agency.
E. The city may charge any person for copies of any document prepared under this chapter, and for mailing the
document, in a manner provided by Chapter 42.17 RCW.
19.43.080 Designation of responsible official.

A. For those proposals for which the city is the lead agency, the responsible official shall be the planning director.
B. For all proposals for which the city is the lead agency, the responsible official shall make the threshold
determination, supervise scoping and preparation of any required EIS, and perform any other functions
assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that were adopted
by reference.
C. The city shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available
in accordance with Chapter 42.17 RCW, and Chapter 2.92 of this code.
D. Public information on SEPA can be obtained at the lead agency through the city’s planning and community
development department, 2930 Wetmore Avenue, Suite 8-A, Everett.
19.43.090 Lead agency determination and responsibilities.

A. When the city receives an application for or initiates a proposal that involves a nonexempt action, the
responsible official shall determine the lead agency for that proposal under WAC 197-11-050 and WAC 197-
11-922 through 197-11-940. This determination shall be made for each proposal involving a nonexempt action
unless the lead agency has been previously determined or the responsible official is aware that another
agency is in the process of determining the lead agency.
B. When the city is the lead agency for a proposal, the responsible official shall supervise compliance with the
threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the draft and
final EIS.
C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as
appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. The city
shall not prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless
required under WAC 197-11-600. In some cases, the city may require or conduct supplemental environmental
review under WAC 197-11-600.
D. If the city receives a lead agency determination made by another agency that appears inconsistent with the
criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be
made to the agency originally making the determination and resolved within fifteen days of receipt of the
determination, or the city must petition the Department of Ecology for a lead agency determination under
WAC 197-11-946 within the fifteen-day time period. Any such petition on behalf of the city may be initiated by
the responsible official.
E. The responsible official is authorized to make agreements as to lead agency status or shared lead agency
duties for a proposal under WAC 197-11-942 and 197-11-944.
F. In making a lead agency determination for a private project, the responsible official shall require sufficient
information from the applicant to identify which other agencies have jurisdiction over the proposal.
19.43.110 Designation of official to perform consulted responsibilities for the city.

A. The responsible official shall be responsible for preparation of written comments for the city in response to a
consultation request prior to a threshold determination, participation in pre-draft consultation, participation
in scoping, and reviewing a draft EIS.
B. The city’s responsible official shall be responsible for the city’s compliance with WAC 197-11-550 whenever
the city is a consulted agency and is authorized to develop operating procedures which will ensure that
responses to consultation requests are prepared in a timely fashion and include data from all appropriate
departments of the city.
19.43.130 Categorical exemptions—Minor new construction.

A. The following exempt levels are established for minor new construction under WAC 197-11-800(1)(c) based on
conditions in the city. The exemptions in this subsection apply to all licenses required to undertake the
construction in question. The exemptions in this subsection apply except when the project:
1. Is undertaken wholly or partly on lands covered by water;
2. Requires a license governing discharges to water that is not exempt under RCW 43.21C.0383 (waste
discharge permits);
3. Requires a license governing emissions to air that is not exempt under RCW 43.21C.0381 (air operating
permits) or WAC 197-11-800(7) or (8);
4. Involves demolition of a structure listed in a local, state or national historic register; or
5. Requires a land use decision that is not exempt under WAC 197-11-800(6).
B. The following types of projects shall be exempt:
1. The construction or location of no more than thirty single-family dwelling units.
2. The construction or location of no more than sixty multifamily dwelling units.
3. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing
structure, or similar agricultural structure, covering no more than forty thousand square feet and to be

used only by the property owner or his or her agent in the conduct of farming the property. This
exemption shall not apply to feed lots.
4. The construction of an office, school, commercial, recreational, service or storage building with no more
than thirty thousand square feet of gross floor area and with associated parking facilities designed for no
more than ninety automobiles. This exemption includes parking lots for no more than ninety automobiles
not associated with a structure.
5. Any fills or excavations of no more than one thousand cubic yards throughout the total lifetime of the fill
or excavation and any excavation, fill or grading necessary for an exempt project in subsection (B)(1), (2),
(3), or (4) of this section.
19.43.140 Categorical exemptions—Infill development.

The following exempt levels are established for new construction under RCW 43.21C.229:
A. Residential development up to two hundred dwelling units in Metro Everett, Urban Residential 4 (UR4) zones,
or Mixed Urban (MU) zones;
B. Mixed-use development in Metro Everett, Mixed Urban (MU) or Business (B) zones;
C. Commercial development up to sixty-five thousand square feet, excluding retail development; or
D. Any minor new construction identified as exempt pursuant to Section 19.43.130.
19.43.200 Rules and procedures concerning substantive authority.

The following sections contain rules and policies for the use of SEPA’s substantive authority, such as decisions to
require mitigation of adverse environmental impacts in compliance with policies contained in this chapter, or
decisions to deny a proposal on the basis of significant adverse impacts identified in the environmental review
documents prepared under SEPA. Procedures for appealing SEPA determinations to agencies or the courts are set
forth in Title 15, Local Project Review Procedures.
19.43.220 General policies.

The city adopts by reference the general policies of the State Environmental Policy Act (SEPA) as set forth in RCW
43.21C.010 and RCW 43.21C.020 in order to achieve the environmental goals of the community.
19.43.230 Specific policies.

The city adopts the following specific policies in order to achieve the environmental goals of the Everett
community:
A. Policies Pertaining to the Natural Environment.
1. Earth.
a. To encourage land development practices that result in a minimal disturbance to the city’s vegetation
and soils;
b. To encourage building and site planning practices that are consistent with the city’s natural
topographical features;
c. To insure prompt development, restoration and effective erosion control of property after land
clearing through the use of phased development, replanting, hydroseeding and other appropriate
engineering techniques;
d. Prohibit development on steep slope areas when such development would create imminent danger
of landslides.
2. Air.
a. To work in cooperation with the Air Pollution Control Agency having jurisdiction over the proposal, to
secure and maintain such levels of air quality as will protect human health and safety and to the
greatest degree practicable, prevent injury to plant and animal life and to property, foster the

comfort and convenience of inhabitants, promote the economic and social development of the city,
and facilitate the enjoyment of the natural attractions of the city.
3. Water.
a. To encourage development and construction procedures which conform to the South Everett
Drainage Basin Plan and Chapter 14.28 of this code or as such may be amended or superseded, to
minimize surface water and ground water runoff and diversion and to minimize erosion and reduce
the risk of slides;
b. To encourage sound development guidelines and construction procedures which respect and
preserve the city’s watercourses; to minimize water quality degradation and control the
sedimentation of creeks, streams, ponds, lakes and other water bodies; to preserve and enhance the
suitability of waters for contact recreation and fishing; to preserve and enhance the aesthetic quality
of the waters; to encourage water conservation and reuse;
c. To maintain and protect ground water resources, to minimize adverse effects of alterations in ground
water quantities, locations and flow patterns.
4. Plants and Animals.
a. To protect the unique and threatened or endangered plants and animals and critical areas and
habitat within the city;
b. To preserve and enhance the city’s physical and aesthetic character by preventing indiscriminate
removal or destruction of trees and ground cover on undeveloped and partially developed property;
c. To encourage the retention of trees and other vegetation for visual buffers and soil retention;
d. To encourage building and site planning practices that are consistent with the city’s vegetational
features while at the same time recognizing that certain factors such as condition (e.g., disease,
danger of falling, etc.), proximity to existing and proposed structures and improvements, interference
with utility services, protection of scenic views, and the realization of a reasonable enjoyment of
property may require the removal of certain trees and ground cover.
5. Energy and Natural Resources.
a. To encourage the wise use of nonrenewable natural resources;
b. To encourage efficient use of renewable resources;
c. To incorporate energy conservation features as feasible and practicable into all city projects and
promote energy conservation throughout the community.
B. Policies Pertaining to the Built Environment.
1. Environmental Health.
a. To encourage development practices consistent with Chapter 20.08 of this code or as such may be
amended or superseded. To minimize the exposure of citizens to the harmful physiological and
psychological effects of excessive noise; to control the level of noise in a manner which promotes
commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the
environment;
b. To require proposals involving the potential risk of an explosion or the release of hazardous
substances to the environment to include specific measures which will ensure the public health,
safety and welfare;
c. To restrict or prohibit uses which will expose the public to unsanitary conditions or disease;
d. To restrict or prohibit uses which are dangerous to health, safety or property in times of flood or
cause excessive increases in flood heights or velocities;
e. To require that uses vulnerable to floods including public facilities which serve such uses, shall be
protected against flood damage at the time of initial construction;
f. To meet the minimum requirements of the National Flood Insurance Program and State of
Washington Flood Control Program.
2. Land and Shoreline Use.
a. Relationship to Land Use Plans and Estimated Population.

i.To implement and further the city’s comprehensive plans, including the land use plan,
transportation plan, open space, parks and recreation plan, Everett comprehensive plan,
shoreline master program and other plans formally adopted by the city,
ii. To encourage orderly growth in undeveloped areas of the city by maximizing the efficiency of
utilities and roads and other capital improvements;
b. Housing.
i. To encourage the provision and maintenance of adequate housing for the residents of Everett,
for all income levels,
ii. To evaluate impacts of new nonresidential development which would reduce existing housing
stock or reduce land available for residential development;
c. Light and Glare.
i. To minimize excessive light and glare;
d. Aesthetics.
i. To encourage development which maintains and improves the existing aesthetic character of the
community,
ii. To maximize protection of existing public scenic vistas and scenic corridors;
e. Recreation.
i. To protect the existing open space areas for future generations and promote their expansion;
f. Historic and Cultural Preservation.
i. To consider the historical and archaeological importance of all buildings and sites prior to any
change in use or development, and to recognize properties and structures included in the
“Historical Resource Survey for Everett Washington” (1986) or as such may be amended or
superseded, as properties of historical significance.
3. Transportation.
a. To approve street designs which are beneficial to the public in consideration of vehicular and
pedestrian safety, efficiency of service, influence on the amenities and livability of the community,
and economy of both construction and the use of land;
b. To encourage increased traffic volumes only in areas with sufficient capacity to provide safe and
efficient traffic flow or where adequate traffic improvements will be provided in conjunction with the
development; to require adequate vehicular and pedestrian access to new developments, and
minimize pedestrian-vehicular conflict points.
4. Public Services and Utilities.
a. To encourage and approve development only where adequate public services, including fire and
police protection, are available or will be made available to serve the proposal;
b. To encourage and approve development only where adequate utilities, including water, sewer,
power, communications and drainage facilities are available or will be made available in conjunction
with the proposal;
c. To protect the existing open space areas for future generations and promote their expansion.
C. Other Policies.
1. To minimize the reduction of available natural light due to the casting of shadows by new development;
2. To encourage planned residential development; to preserve and maintain sensitive environmental areas
which could be negatively impacted by traditional development techniques;
3. A single development or land use though otherwise consistent with zoning and other city policies may
create adverse impacts upon facilities and services, natural systems or the surrounding area when
aggregated with the impacts of prior or other proposed development. It is the policy of the city to analyze
such cumulative environmental impacts and condition or deny proposals to minimize or prevent adverse
impacts in accordance with other provisions of this chapter;
4. In assessing the environmental impacts of a proposal and in determining the need for conditioning or
denying a proposal in accordance with other provisions of this chapter, the responsible official shall utilize

SEPA, all policies, guidelines and regulations adopted pursuant to SEPA, federal, state and regional
environmental quality standards, and the legislative enactments of the city, both specific and general,
now in effect or enacted in the future;
5. The city reserves the right to impose specific conditions upon any action or to deny action in conformance
with the policies stated in this chapter, so as to mitigate or prevent adverse environmental impacts;
6. It is not the intent or purpose of this chapter to prevent or delay the reasonable development of land in
the city.
19.43.240 Substantive authority.

A. The policies, procedures and goals set forth in this chapter are supplementary to those set forth in existing
authorizations of all branches of government of this state, including state agencies, municipal and public
corporations, and counties.
B. The city may attach conditions to a permit or approval for a proposal so long as:
1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in
environmental documents prepared pursuant to this chapter; and
2. Such conditions are in writing; and
3. The mitigation measures included in such conditions are reasonable and capable of being accomplished;
and
4. The city has considered whether other local, state or federal mitigation measures applied to the proposal
are sufficient to mitigate the identified impacts; and
5. Such conditions are based on one or more policies in Sections 19.43.220 and 19.43.230 and are cited in
the license or other decision document (such as a DNS, MDNS or decision document issued pursuant to
the publication of an EIS).
C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:
1. A finding is made that approving the proposal would result in probable significant adverse environmental
impacts that are identified in a final EIS or final supplemental EIS prepared pursuant to this chapter; and
2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that
are sufficient to mitigate the significant adverse identified impact; and
3. The denial is based on one or more policies identified in Sections 19.43.220 and 19.43.230 and is
identified in writing in the decision document.
D. In addition to the policies established under Sections 19.43.220 and 19.43.230, the city designates and adopts
by reference the following policies as the basis for the city’s exercise of authority pursuant to this section:
1. The city shall use all practicable means, consistent with other essential considerations of state policy, to
improve and coordinate plans, functions, programs and resources to the end that the state and its citizens
may:
a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding
generations;
b. Assure for all people of Washington safe, healthful, productive and aesthetically and culturally
pleasing surroundings;
c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or
safety, or other undesirable and unintended consequences;
d. Preserve important historic, cultural and natural aspects of our national heritage;
e. Maintain, wherever possible, an environment which supports diversity and variety of individual
choice;
f. Achieve a balance between population and resource use which will permit high standards of living
and a wide sharing of life’s amenities; and
g. Enhance the quality of renewable resources and approach the maximum attainable recycling of
depletable resources.

2. The city recognizes that each person has a fundamental and inalienable right to a healthful environment
and that each person has a responsibility to contribute to the preservation and enhancement of the
environment.
19.43.260 Notice—Statute of limitations.

A. The city, applicant for, or proponent of an action may publish a notice of action under RCW 43.21C.080 for any
action.
B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be
published by the city clerk or proponent pursuant to RCW 43.21C.080. Use of a notice of action shall not be
construed to reopen an appeal period if a party previously failed to exhaust its administrative remedies.
19.43.320 Third party liability.

A. This chapter provides for and promotes the health, safety and welfare of the general public, and does not
create or designate any particular class or group of persons who will or should be especially protected or
benefited by the terms of this chapter.
B. Nothing contained in this chapter 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 the
failure of any applicant to comply with the provisions of this chapter, or by reason or in consequence of any
inspection, notice, order, certificate, permission or approval authorized or issued or completed in connection
with the implementation or enforcement pursuant to this chapter or by reason of any action or inaction on
the part of the city related in any manner to the enforcement of this chapter by its officers, employees or
agents.

Instructions to reader: This is a new chapter in the Unified Development Code. This chapter has been recodified
from EMC 18.36. For a summary of the effect of the changes, please visit the Rethink Zoning Library at
Chapter 19.50 SMALL PROJECT IMPACT FEE
Table of Contents
CHAPTER 19.50 SMALL PROJECT IMPACT FEE ...................................................................................................... 1
19.50.010 TITLE, AUTHORITY, AND PURPOSE. ............................................................................................................. 1
19.50.020 LOCATION OF DEFINITIONS AND USAGE. ...................................................................................................... 1
19.50.030 WHEN A TRANSPORTATION IMPACT FEE IS REQUIRED..................................................................................... 1
19.50.040 CREDIT FOR IMPROVEMENTS AND NONDUPLICATION OF MITIGATION. ............................................................... 1
19.50.050 OPTION TO PREPARE TRAFFIC ANALYSIS....................................................................................................... 2
19.50.060 ADMINISTRATIVE PROCEDURES AND APPEALS. .............................................................................................. 2
19.50.065 FEE EXEMPTIONS. ................................................................................................................................... 4
19.50.070 APPLICATION TO PROJECTS CURRENTLY UNDERWAY. ...................................................................................... 4
19.50.080 PROJECTS IN CORE AREA. ......................................................................................................................... 4
19.50.090 INTERPRETATION AND IMPLEMENTATION. ................................................................................................... 5
19.50.010 Title, authority, and purpose.

A. Title. The ordinance codified in this chapter may be referred to or cited as the small project impact fee
ordinance, or “SPIFO,” and will be referred to herein as “this chapter.”
B. Purpose and Authorization. The purpose of this chapter is to implement the city’s comprehensive plan
including its transportation and capital facility elements. This chapter enables the city to collect impact fees
from proposed projects that generate additional traffic and are not subject to the city’s transportation
mitigation ordinance (TMO) (Chapter 19.51). The fees adopted under this chapter are authorized by and in
accordance with the provisions of RCW 82.02.050 through 82.02.090.
19.50.020 Location of definitions and usage.

This chapter adopts by reference the definitions contained in RCW 82.02.090. For terms not defined therein, this
chapter adopted by reference the definitions and used contained in Section 19.51.180.
19.50.030 When a transportation impact fee is required.

A project that is not subject to TMO and will generate ten or more average daily vehicle trips is required to pay a
transportation impact fee as defined in Section 19.51.100(D), except as otherwise provided in this chapter. The fee
assessed under this chapter is and shall be based on a method of calculation that takes into account the factors
specified by RCW 82.02.060. There shall be one service area for purposes of this chapter; however, within the core
area as defined in Section 19.51.180 trip generation shall be calculated as provided in Section 19.50.080.
19.50.040 Credit for improvements and nonduplication of mitigation.

A. A person required to pay an impact fee for system improvements under this chapter shall not be required to
pay a fee under RCW 43.21C.060, TMO, or any other development regulation for those same system
improvements.
B. The city traffic engineer shall take into consideration and give fair credit for an applicant’s contribution to
transportation system improvements for facilities identified in the capital facilities plan that address some or
all of a proposed project’s approval related to the proposed project. The city traffic engineer shall also take
Ch. 19.50 Small Project Impact Fee 1 Planning Commission Recommendation (09/08/20)
into consideration and give fair credit for the contributions made by the subject property owner or his/her
predecessor(s) in interest under any transportation funding device, such as a local improvement district (LID),
transportation benefit district (TBD), development agreement, or similar mechanism. Any claim for credit
made later than the time of application for a building permit shall be deemed to be waived.
C. The prohibition on duplication limits the city from requiring an applicant to pay more than once for a
transportation improvement to address the same environmental impact. It is not a duplicative requirement
for an applicant to pay an impact fee for system improvements and to pay for or install transportation
improvements that are otherwise authorized by law, provided these different mitigation obligations do not
address the same, specific environmental impact resulting from the project.
D. Agreements may provide for credit for future improvements if the city and applicant agree that the applicant
is implementing transportation improvements beyond those required under this chapter.
19.50.050 Option to prepare traffic analysis.

In order to allow the impact fee to be adjusted to consider unusual circumstances in specific cases to ensure that
impact fees are imposed fairly or to calculate an adjustment in the standard fee for a particular development that
permits consideration of studies and data submitted by the applicant, the applicant has the option of preparing a
traffic analysis at his expense to provide a basis for an adjustment in the standard fee. The traffic analysis shall
meet the specifications for a traffic analysis called for in Sections 19.51.060 through 19.51.080 and as published in
the standards and specifications manual, or as otherwise approved by the city traffic engineer.
19.50.060 Administrative procedures and appeals.

A. RCW 82.02.070 and 82.02.080 are hereby adopted by reference into this chapter as the administrative
procedures for collection and refunding of impact fees under this chapter.
B. Payment of all transportation impact fees shall be made prior to building permit issuance, except as provided
in subsection C of this section.
C. The deferral of transportation impact fees shall be allowed only for single-family attached and detached
construction being constructed by an applicant having a contractor registration number or other unique
identification number and in accordance with the following:
1. For this subsection:
a. “Applicant” includes an entity that controls, is controlled by, or is under common control with the
applicant.
b. “Common control” means two or more entities controlled by the same person or entity.
c. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction
of the management and policies of an entity, whether through the ownership of voting shares, by
contract, or otherwise.
2. An applicant wishing to defer the payment of transportation impact fees shall:
a. Submit a signed and notarized deferred fee application and completed lien form concurrent with the
building permit application for the building subject to the fee; and
b. Submit a certification that the applicant has requested no more than a total of twenty deferred
impact fee requests in the calendar year within the city; and
c. Pay a nonrefundable two hundred fifty dollar administration fee for each unit or lot of a single
development project for which the deferral of the fee is requested. Beginning January 1, 2018, and
each January 1st thereafter, this fee shall be adjusted in accordance with the most recent change in
the Consumer Price Index (CPI) or other official measurement of inflation used by the city. If the
change in the CPI or other official measurement of inflation used by the city indicates an increase of
less than one percent since the last adjustment of the fees listed herein, there shall be no increase for
that year. At such time that the change in the CPI or other official measurement of inflation used by
the city for one or more years indicates an increase of one percent or more since the last adjustment
of the fees, the cumulative percentage increase since the last adjustment of fees shall be applied.
3. The lien shall:
a. Be in a form approved and provided by the city;
b. Be signed by all owners of the property, with all signatures acknowledged as required for a deed;
c. Include the legal description, property tax account number, and address for each lot or unit the lien
will encumber;
d. Be binding and subordinate on all successors in title after the recording;
e. Be junior and subordinate to a first mortgage for the purpose of construction upon the same real
property granted by the person who applied for the deferral of impact fees, but in no case shall the
lien be in less than second place.
4. The lien shall be recorded by the applicant, at their own expense, and a conformed copy of the recorded
document shall be provided to the city prior to the issuance of the building permit that is subject to the
transportation impact fee.
5. Each applicant eligible to defer impact fees shall only be entitled to annually receive deferrals for no more
than a total of twenty building permits within the city.
6. The applicant shall be responsible for the payment of all recording fees.
7. The deferred transportation impact fee shall be paid in full prior to whichever of the following occurs first:
a. Issuance of a certificate of occupancy;
b. The closing of the first sale of the property occurring after the issuance of the applicable building
permit for which the fees were deferred; or
c. Eighteen months from the date of building permit issuance.
8. If the building for which the deferral of the transportation impact fee is requested is located within a
subdivision, unit lot subdivision or short subdivision, the subdivision, unit lot subdivision or short
subdivision shall be recorded prior to recording the lien for impact fees and issuance of the building
permit.
9. After the applicant has paid all deferred transportation impact fees, the applicant is responsible for
submitting a lien release application to the city. The applicant, at their own expense, will be responsible
for recording lien releases.
10. Compliance with the requirements of the deferral option shall constitute compliance with subdivision or
short subdivision conditions pertaining to the timing of the transportation impact fee payment.
11. If deferred transportation impact fees are not paid in accordance with terms authorized by state law and
this section, the city may initiate foreclosure proceedings for the unpaid transportation impact fees and
all costs associated with the collection of the unpaid transportation impact fees.
12. A request to defer transportation impact fees under this section may be combined in one application with
a request to defer school impact fees under Section 19.52.090.
D. All fees collected under this chapter shall be obligated or expended on public facilities that are addressed by
an adopted capital facilities plan element of a comprehensive land use plan. If fees are earmarked for a
specific project, and the city determines that it is not feasible to implement that project within six years (or
such other time period established pursuant to RCW 82.02.070(3) on public facilities intended to benefit the
development activity for which the impact fees were paid), the fees may be expended or encumbered on a
replacement project that provides similar or greater improvement to the transportation system.
E. The city engineer or designee shall be the official responsible for preparing the annual reports required under
RCW 82.02.070.
F. An applicant’s commitment to specific performance to construct a transportation improvement, including any
bonds or financial assurance associated with the improvement, shall not be considered a fee under this
chapter, regardless of whether a monetary value has been assigned to the improvement in the traffic analysis
or other project review documents or agreements.
G. An applicant may appeal the city traffic engineer’s determination of the impact fee required under this
chapter by following the administrative appeal procedures for the underlying development approval. If there
are no administrative appeal procedures for the underlying development approval, the appeal shall follow the
administrative appeal procedures in EMC 15.02.060 and 15.02.600 for the appeal of minor administration
decisions.
19.50.065 Fee exemptions.

A. The city may, on a case-by-case basis, grant exemptions to the application of the transportation impact fee for
new low income housing units in accordance with the conditions specified under RCW 82.02.060(2). To qualify
for the exemption, the developer shall submit an application to the planning and community development
director for consideration by the city prior to application for building permit. Conditions for such approvals
shall meet the requirements of RCW 82.02.060(2), which includes payment of the fee from public funds other
than the fee for transportation improvement account. In addition, any approved exemption will require a
covenant that will assure the project’s continued use for low income housing. The covenant shall be an
obligation that runs with the land upon which the housing is located, and shall be recorded against the title of
the real property.
B. The city may, on a case-by-case basis, grant a partial exemption of not more than eighty percent of
transportation impact fees, with no explicit requirement to pay the exempted portion of the fee from public
funds, for low income housing units, pursuant to the following:
1. The mayor, or designee, may grant an exemption to a low income housing project for each low income
unit.
2. The decision to grant, partially grant or deny an exemption shall be based on the public benefit of the
specific project, the extent to which the applicant has sought other funding sources, the financial hardship
to the project of paying the transportation impact fees, the impacts of the project on public facilities and
services, and the consistency of the project with adopted city plans and policies relating to low income
housing.
3. An exemption granted under this subsection must be conditioned upon requiring the developer to record
a covenant approved by the director of planning and community development that prohibits using the
property for any purpose other than for low income housing. At a minimum, the covenant must address
price restrictions and household income limits for the low income housing, and require that, if the
property is converted to a use other than for low income housing as defined in the covenant, the property
owner must pay the applicable transportation impact fees in effect at the time of any conversion.
Covenants required by this subsection must be recorded with the Snohomish County auditor.
4. For purposes of this section, low income housing is defined as any housing with a monthly housing
expense that is no greater than thirty percent of fifty percent of the median family income adjusted for
family size, for Everett, as reported by the United States Department of Housing and Urban Development.
19.50.070 Application to projects currently underway.

This chapter applies to a subsequent phase of a project for which an application for project level review of the
subsequent phase has not been deemed complete as of the effective date of the ordinance codified in this
chapter. If a mitigation commitment has been made but has not been fully met by an applicant, the applicant is
required to fulfill the commitment and, in addition, may be responsible for complying with the traffic study and
mitigation requirements of this chapter. Nothing in this chapter shall be construed to contravene the authority of
the responsible official to require or withdraw a SEPA threshold determination as provided in WAC 197-11-310 and
197-11-340(3)(a).
19.50.080 Projects in core area.

For projects within the core area, the fee shall be calculated by using seventy-five percent of project trip
generation using the ITE Trip General Manual. If an applicant feels that this results in an overestimate of traffic
from their site they have the option to hire a traffic engineer to justify a greater credit based on reasonable trip
generation assumptions and analysis of TDM measures.
For purposes of this chapter, the core area is defined in Section 19.51.180.
19.50.090 Interpretation and implementation.

A. This chapter shall be liberally construed to achieve the purposes set forth in Section 19.50.010.
B. Nothing in this chapter shall affect the ability of the city to require nonduplicative mitigation of transportation
impacts, including collection of fees, under other ordinances and development regulations.
C. Except as specifically provided in Section 19.50.070, the enactment of this chapter shall not affect any case,
proceeding, appeal, or other matter in any court or before the city or in any way modify any obligation, right
or liability, civil, or criminal, which may be in existence on the effective date of the ordinance codified in this
chapter or as may exist by virtue of any of the ordinances herein superseded or repealed.
D. This chapter is intended to provide for and promote the health, safety and welfare of the general public, and is
not intended 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 terms of this chapter. It is the specific intent of this chapter
to place the obligation of complying with its requirements upon the applicant.
It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose any
duty whatsoever upon the city or any of its officers or employees, for whom the implementation and enforcement
of this chapter shall be discretionary and not mandatory.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any
liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the
failure of an applicant to comply with the provisions of this chapter, or by reason or in consequence of any
inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the
implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the
city related in any manner to the enforcement of this chapter by its officers, employees or agents.
E. The city traffic engineer may interpret the requirements of this chapter on a case-by-case basis, consistent
with the purposes set forth in Section 19.50.010. The city traffic engineer and responsible official are
authorized to promulgate rules and regulations consistent with the terms of this policy.
Chapter 19.51 TRANSPORTATION MITIGATION
Table of Contents
CHAPTER 19.51 TRANSPORTATION MITIGATION................................................................................................. 1
19.51.010 TITLE, AUTHORITY, AND PURPOSE. ............................................................................................................. 1
19.51.020 LOCATION OF DEFINITIONS AND USAGE. ...................................................................................................... 2
19.51.030 WHEN A FEE TO MITIGATE TRANSPORTATION IMPACTS IS REQUIRED. ................................................................ 2
19.51.040 WHEN A TRAFFIC ANALYSIS IS REQUIRED. .................................................................................................... 2
19.51.050 WHEN A TRAFFIC ANALYSIS IS NOT REQUIRED. .............................................................................................. 2
19.51.060 SCOPE OF TRAFFIC ANALYSIS. .................................................................................................................... 2
19.51.070 IMPACT ANALYSIS. .................................................................................................................................. 2
19.51.080 MITIGATION ANALYSIS AND PLAN. ............................................................................................................. 3
19.51.090 REQUIREMENTS FOR TRANSPORTATION IMPROVEMENTS. ............................................................................... 4
19.51.100 FAIR SHARE FOR SYSTEM IMPROVEMENTS.................................................................................................... 7
19.51.110 REQUIREMENTS FOR TRANSPORTATION IMPROVEMENTS WHEN TRAFFIC ANALYSIS IS NOT REQUIRED. ...................... 8
19.51.120 CREDIT FOR IMPROVEMENTS AND NONDUPLICATION OF MITIGATION. ............................................................... 8
19.51.130 FORM OF COMMITMENT.......................................................................................................................... 8
19.51.140 PROCEDURE FOR PAYMENT AND USE OF FEES. .............................................................................................. 9
19.51.145 FEE EXEMPTIONS. ................................................................................................................................. 10
19.51.150 APPLICATION TO PROJECTS CURRENTLY UNDERWAY. .................................................................................... 11
19.51.160 PROJECTS IN CORE AREA. ....................................................................................................................... 11
19.51.170 INTERPRETATION AND IMPLEMENTATION. ................................................................................................. 11
19.51.180 DEFINITIONS AND USAGE. ...................................................................................................................... 12
19.51.010 Title, authority, and purpose.

A. Title. The ordinance codified in this chapter may be referred to or cited as the transportation mitigation
ordinance, or “TMO,” and will be referred to herein as “this chapter.”
B. SEPA Policies. This chapter is adopted as a policy under SEPA for the purpose of articulating and implementing
the city’s SEPA transportation policies, as authorized by RCW 43.21C.060 and Chapter 197-11 WAC. In addition
to the policies in this chapter, the city’s SEPA transportation policies include policies in the comprehensive
plan (and its land use, shoreline and transportation elements) and other SEPA policies affecting
transportation, which have previously been adopted as SEPA policies in EMC 19.43. This chapter is a
compilation of and replaces existing previously adopted traffic mitigation ordinances as provided by Section
19 of Ordinance 3387-14.
C. Purpose and Authorization. This chapter enables the city to: (1) study transportation impacts of proposed
private and public projects; (2) identify mitigation measures or other alternatives that would avoid potentially
significant adverse environmental impacts of proposed projects; and (3) address any adverse impacts of
proposed projects to the transportation system and to local transportation networks.
D. Fees for System Improvements. This chapter also provides a method of fairly distributing the costs of
transportation system improvements in accordance with the impacts resulting from proposed projects. Fees
collected under this chapter are intended to mitigate impacts to the transportation system that are reasonably
related to new development and may be collected and spent only for public facilities, traffic management, and
traffic mitigation programs needed to accommodate new development.
Ch. 19.51 Transportation Mitigation 1 Planning Commission Recommendation (09/08/20)

19.51.020 Location of definitions and usage.
Definitions and usage for purposes of this chapter are found in Section 19.51.180. Table 1 indicates when a traffic
analysis or fee payment is required.
Table 1: General Requirements to Prepare a Traffic Analysis and/or Pay a Fee to Mitigate Traffic Impacts*
Prepare traffic Pay fee for system
Number of trips generated analysis? improvements?
Fewer than 10 new trips per day No No
10 or more new trips per day No Yes
More than 50 additional peak hour Yes Yes
trips
*Any exceptions to these general rules are specified in Sections 19.51.030 through 19.51.050 and 19.51.100
through 19.51.120. Definitions of these terms are found in Section 19.51.180.
19.51.030 When a fee to mitigate transportation impacts is required.

A project that will generate ten or more average daily vehicle trips is required to pay a fee to mitigate for its
impacts on the transportation system, as summarized on Table 2 and specified in Sections 19.51.100 through
19.51.140.
19.51.040 When a traffic analysis is required.

The applicant shall provide the city traffic engineer with a written traffic analysis as part of the city’s project review
process whenever a proposed project will generate fifty or more additional peak hour trips, or if deemed necessary
by the city traffic engineer. The traffic analysis shall be paid for by the applicant and shall be prepared by a licensed
professional engineer or transportation planner with standing in the Institute of Transportation Engineers or is
acceptable to the city traffic engineer.
19.51.050 When a traffic analysis is not required.

A. The requirement to submit a traffic analysis does not apply to:
1. Proposed projects that generate fewer than fifty additional peak hour trips, except if deemed necessary
by the city traffic engineer;
2. Proposals where SEPA review has already addressed project impacts or is not otherwise required under
Chapter 43.21C RCW, Chapter 197-11 WAC, and EMC 19.43; or
3. Projects proposed as “planned actions,” as defined in Section 19.51.180(C), as long as: (a) project-level
environmental review confirms that traffic generation is within the thresholds set for the specific planned
action, as provided by WAC 197-11-172, Chapter 15.02.500, and the specific planned action ordinance
relating to the proposed project, and (b) mitigation elements of the planned action are implemented.
B. An existing traffic analysis may be adopted or used by the city to determine an applicant’s responsibility for
transportation improvements, in accordance with project review and SEPA procedures for the use of and
reliance upon existing environmental documents.
C. Proposed projects on which a traffic analysis is not prepared conform to the provisions of Section 19.51.110.
19.51.060 Scope of traffic analysis.

The traffic analysis should include the following, as further specified in this chapter: (A) traffic generated by the
project; (B) transportation effects of the project; and (C) measures to avoid or otherwise mitigate adverse
transportation effects of the project, which consist of transportation system improvements and/or local
transportation improvements.
19.51.070 Impact analysis.

Analysis of traffic generation and transportation effects shall use the following methodology:
A. Study Area. The study area shall be defined as the area that includes all of the transportation system that is
projected to be used by a minimum threshold of fifty new peak hour trips. The study area shall not be limited
to the city limits, but shall include the county, state, and other city roadways. For projects that have region
wide traffic impacts, the city traffic engineer may limit the scope of the study area. Region wide impacts will
be determined on a case-by-case basis in consultation with the county, state, tribal, and other appropriate
jurisdictions.
B. Horizon Year. The traffic analysis shall include impacts for the future horizon year. The horizon year shall
generally be based on the year the proposed project is expected to be completed, but shall be:
1. The horizon year shall generally be based on the year the proposed project is expected to be completed.
2. The horizon year shall be no earlier than the final year of the city’s adopted capital improvement plan (six
years).
3. The horizon year shall be no earlier than six years from the date of the completed project application.
4. If a project will generate new traffic for more than six years, the horizon year shall be the planning horizon
for the land use and transportation elements in the comprehensive plan that is in effect at the time of the
complete application (i.e., the years remaining between the time of the complete application and the end
of the planning horizon used for the adopted comprehensive plan).
5. For any project, the city traffic engineer may make a case-by-case determination of the horizon year,
including extension of the horizon year, or the requirement for intermediate analysis years, for projects
that are built in phases or designed to be built over a number of years.
C. Base Traffic and Growth Factor. The base traffic for the traffic analysis shall include existing traffic plus traffic
generated by any project in the study area that has been previously reviewed under SEPA, any proposed
project currently under review by the city, and any additional traffic reasonably foreseeable as deemed
appropriate by the city traffic engineer. This additional traffic may include trips generated in other
jurisdictions. The applicant may request to use a specific growth factor if the applicant can demonstrate with
analysis that such a growth factor is appropriate for the project location and is not inconsistent with the
comprehensive plan (including SEPA or other traffic analysis supporting the comprehensive plan). The city
traffic engineer may require that a different background growth factor be used when site specific information
supports a different factor. Where there is no area specific information, a four percent background growth
factor compounded annually shall be used to project the existing traffic to the required horizon year.
D. Trip Generation and Distribution. The traffic analysis shall assign and distribute the proposed project’s peak
hour trips down to and including the minimum threshold level of fifty new project-generated peak hour trips.
Unless otherwise required or approved by the city traffic engineer, trip generation rates shall conform to the
latest edition of Institute of Transportation Engineers (ITE) Trip Generation Manual. Where proposed traffic or
transportation impacts are not predominantly automobile (for example, trucks, trailers, rail, air or waterborne
traffic), the analysis shall identify the type of traffic and mode split in the generation and distribution analysis.
Directional distribution shall be determined in consultation with the city traffic engineer. For large projects or
in areas experiencing substantial development activity, the city traffic engineer may require directional
distribution and trip assignment to be performed using computerized model.
E. Level of Service. The method for analyzing the level of service when required (see Section 19.51.090) shall be
the current edition of the Transportation Research Board Highway Capacity Manual and its related computer
software, or a method otherwise approved by the city traffic engineer.
F. Other Items. The traffic analysis shall include applicable items in sections of Exhibit 1, attached to the
ordinance codified in this chapter, as well as other items relevant to the particular project being reviewed, as
determined by the city traffic engineer.
19.51.080 Mitigation analysis and plan.

The traffic analysis shall identify and/or include the following elements with respect to transportation
improvements to mitigate the project’s likely transportation impacts: improvements required to maintain level of

service standards, local frontage improvements, proportionate share for planned improvements as identified in
this chapter, and any other elements required by the city traffic engineer to adequately mitigate traffic impacts
from the project.
The city traffic engineer may promulgate additional rules and standards regarding mitigation analysis and plans.
These additional rules shall be published in the city of Everett standards and specifications manual. The city traffic
engineer will consult with the responsible official as necessary to ensure that the traffic analysis guidelines provide
adequate information on environmental impacts.
A. Improvements Required by Regulations and Level of Service Standards. Principal improvements needed to
comply with city regulations and requirements (including frontage and traffic safety improvements under
Chapter 13.68), and improvements proposed to maintain an acceptable level of service under Sections
19.51.090 and 19.51.100.
B. Transportation Demand Management Analysis. An evaluation of all practical measures that could be included
in a transportation demand management (TDM) program to further reduce traffic impacts, for those projects
where the city traffic engineer or the responsible official determine under Section 19.51.090 that
transportation improvements that could attain level of service “D” may not be practical (i.e., reasonable and
capable of being accomplished). TDM program analysis shall also be required for any project in the core area
to reduce vehicle trips below seventy-five percent of the standard ITE trip generation rate.
C. Other Improvements to Address Project Impacts. Improvements proposed or under consideration to address
adverse transportation impacts, if any, identified in the traffic analysis, such as bicycle and pedestrian safety,
freight mobility, or other measures.
D. Consistency with Development Regulations or Comprehensive Plan. A proposed analysis of consistency with
development regulations or, in their absence, comprehensive plan provisions relating to transportation
infrastructure and characteristics of development, for those projects where the city engineer or responsible
official concludes that this analysis is needed to assist the city to determine consistency under Title 15, Local
E. Cost Estimates. Associated planning level cost estimates for the above improvements, including the estimated
fair share cost of transportation system improvements calculated under Section 19.51.100, if required by the
city traffic engineer or if an applicant does not accept the city’s analysis of reasonable mitigation measures.
F. Proposed Mitigation Plan and Mitigation Commitments. A proposed mitigation plan, which lists, summarizes,
or clearly illustrates on figures and/or tables the improvements that the applicant is committed to implement.
The proposed mitigation plan shall state whether the applicant: (1) will construct specific transportation
improvements or pay the city for the cost of constructing improvements; and (2) will contribute the identified
fair share of traffic system improvements.
G. Identification of Local and System Improvements. The mitigation analysis or plan shall clearly distinguish
among:
1. Local transportation improvements (such as site access, sidewalk/curb and gutter, nearby transit stops);
2. Transportation system improvements (such as off-site capacity improvements, or the fair share cost of
transportation system improvements as required by Section 19.51.100); and
3. Improvements that are designed to provide both local and system improvements (such as additional lanes
or signalization for improving area wide as well as local transportation networks).
19.51.090 Requirements for transportation improvements.

A. The city may require the applicant to implement or pay for transportation improvements to address the
adverse impacts of a project, including: (1) to meet development regulations or other applicable standards for
transportation improvements; (2) to meet adopted level of service standards; and (3) to implement other
reasonable measures to avoid or otherwise mitigate adverse impacts to public safety, human health and the
environment based on the traffic analysis and project review process.

B. Nonduplication. An applicant shall not be required to implement or pay for a mitigation measure more than
once to address the same specific environmental impact, as provided by Section 19.51.120. This does not
preclude the city from requiring a local traffic improvement and the payment of a fee for system
improvements if the project impacts occur in a different time or place, or if the local improvement does not
address the system impact. For example, if a project would cause congestion and degradation of level of
service both locally and system wide, an applicant could be required to mitigate the local impact by providing
a turning pocket at an access point, while also paying a fee to make improvements to address level of service
impacts on other intersections not addressed by the turning pocket.
C. Level of Service Improvements. The applicant is required to mitigate the project’s transportation impacts to an
acceptable level of service through the horizon year.
D. Acceptable Level of Service. The acceptability of levels of service is defined in subsections (D)(1), (2), and (3) of
this section:
1. Level of service “A” through “D” is considered acceptable.
2. When the city engineer and the responsible official determine that it is practical to create or maintain a
level of service of “D” or better, level of service “E” or “F” is considered not acceptable.
3. When the city engineer and the responsible official determine that it is not practical to create or maintain
a level of service of “D” or better, then the applicant is required to use all practical measures to mitigate
the impact on facilities, including all practical transportation improvements and TDM measures. The city
will determine on a case-by-case basis whether the resulting level of service is acceptable. The city shall
maintain a list of intersections where it has been determined that level of service “E” or “F” is considered
acceptable, and will identify the lowest acceptable level of service for each of these intersections. If the
adverse impact to level of service is likely to be significant, a detailed alternative analysis is required (see
subsection E of this section). The city may recommend alternatives or modifications to the proposed
project or may deny the project if the city determines that reasonable mitigation measures are
insufficient to mitigate the project’s impacts.
E. Detailed Alternatives Analysis. When the responsible official finds that, despite the incorporation of
reasonable mitigation measures, the proposal is likely to have a significant adverse environmental impact on
level of service or other aspects of the transportation network, the responsible official shall issue a
determination of significance. If the sole issue is traffic, the applicant shall prepare a limited scope EIS on
traffic. If there are other probable significant adverse environment impacts, the EIS will be scoped accordingly.
The EIS scope with respect to transportation shall contain an analysis of all reasonable courses of action and
mitigation measures, including TDM measures, that would avoid or otherwise mitigate the probable significant
environmental impact related to transportation. On the basis of this analysis, the responsible official, upon
review and analysis by the city engineer, shall determine whether reasonable mitigation measures are
sufficient to mitigate the identified significant adverse transportation impact.
F. Applicant’s Options. At any time in the project review process, the applicant may:
1. Choose not to proceed with the project.
2. Implement measures identified by the city to address the adverse transportation impacts.
3. Propose revisions to the project to avoid or reduce the identified impacts and document the revisions in
accordance with the city’s project review procedures (see EMC 19.43) and Section 19.51.130. The
modifications must be approved by the city engineer and the responsible official. Possible measures
include van/car pooling programs, pedestrians and bicycle improvements, incentives to encourage public
transportation ridership, or other measures that, in the opinion of the city engineer and the responsible
official, would adequately address the transportation impact.
G. Table 2 summarizes the requirements for payment of fees for transportation system improvements to
mitigate impacts of proposed projects, as specified in Sections 19.51.100 and 19.51.110.

Table 2: General Requirements for
Fees Related to System Improvements
Number of Trips Level of Service at

Generated Horizon Year Fee Calculation
Fewer than 10 (not applicable; no 0
new vehicle trips traffic study)
per day
10 or more new (not applicable; no Fee for each
vehicle trips per traffic study) peak hour trip
day, and not per Section
more than 50 19.51.100(D)
additional peak
hour trips*
More than 50 1. Fee for fair share of Fee for each
additional peak planned system peak hour trip
hour trips* improvements (e.g., per Section
identified in the city’s 19.51.100(D)
six-year transportation
improvement
program)
plus: plus:
2. Fair share of
additional
improvements, if any,
to maintain acceptable
levels of service as a
result of the proposed
project, as follows:
If “D” or better at 0
horizon year and no
need for additional
improvements (taking
growth into account)
Project alone causes 100% of cost of
need for additional improvements
improvements at
horizon year (no need
if project did not occur,
taking growth into
account)
Additional Project’s % of
improvements needed total peak hour
to maintain “D” or trips at horizon
better at horizon year, year, minus
due to project and existing peak
growth hour volume
Additional Project’s % of
improvements needed total peak hour
at horizon year due to trips at horizon
project and growth, year
but current level of
service is “E” or “F”

Number of Trips Level of Service at
Generated Horizon Year Fee Calculation
*For proposed projects in core area, trip calculation at 75%
of ITE Trip Generation Manual or as justified in a traffic
analysis
19.51.100 Fair share for system improvements.

A. Two Components of Fair Share. This section specifies the mitigation for transportation system improvements,
unless otherwise agreed by the city traffic engineer. The fair share shall consist of two components:
1. A fee for each peak hour trip calculated to provide a fair share, attributed to new development, of the
cost of “planned system improvements” (see subsection D of this section for fee amount); plus
2. Responsibility for a fair share of cost of additional improvements, if any, to maintain acceptable levels of
service as a result of the proposed project (see Table 2 and subsection B of this section for method of
calculating the fair share).
When level of service “D” or better will be met at the horizon year with the project, the applicant shall not
be required to pay a fair share contribution for additional transportation system improvements. This
section does not duplicate, replace, or substitute for any local transportation improvements for which an
applicant is responsible.
B. Fair Share Cost of Additional Improvements. Based on the actual traffic projected to be generated by a project
onto the transportation system and the consequent need to make system improvements to maintain
acceptable levels of service and address the impacts resulting from the project, the project’s fair share cost to
the city for the any transportation system improvements—in addition to the applicant’s fair share of planned
system improvements—shall be determined by the following (inclusion of county, state, and/or other city
facilities shall be required when the city traffic engineer deems it appropriate):
1. Where the need for transportation system improvements to mitigate a project’s impacts would not be
required at the horizon year if the development were not constructed, the cost for the system
improvements will be entirely borne by the project.
2. Where the need to provide transportation system improvements to mitigate a project’s impacts by the
horizon year would be required regardless of the proposed project, but the project will increase the traffic
and add to the need for improvements now or in the future, and:
a. The current level of service is “D” or better, the traffic impacts of the project will be considered
mitigated by a contribution of a share of the costs for the improvements based on the project’s
percentage of the total peak hour traffic trips at the horizon year on the facility to be improved less
existing peak hour traffic volume; or
b. The current level of service is “E” or “F,” the traffic impacts of the project will be considered mitigated
by a contribution of a share of the costs for the improvements based on the project’s percentage of
the total peak hour traffic trips at the horizon year on the facility to be improved.
C. Generally, an applicant should expect to pay the fair share fee in accordance with the formula in this section
along with any local improvements that may be needed. Further explanation on whether improvements or
fees in fact address all or part of a project’s local and systemwide impacts can be found in Sections
19.51.080(G), 19.51.090(A) and (B), and 19.51.120, and associated definitions in Section 19.51.180.
D. Traffic Mitigation Fee. The current traffic mitigation fee rate shall be calculated as follows and published in the
city of Everett’s standards and specifications manual section on traffic impact analysis. The initial traffic
mitigation fee at the implementation of the ordinance codified in this chapter shall be two thousand four
hundred dollars per PM peak hour trip. This rate shall be adjusted annually to account for inflation based on
the official Washington State Department of Transportation (WSDOT) Construction Cost Index (CCI), using the
year of implementation of the ordinance codified in this chapter as the base year.

Subsequent to the adoption of any updates to transportation element of the city of Everett’s comprehensive
plan a study may be undertaken to reevaluate the city of Everett’s traffic mitigation fee. If it is determined that
an update is appropriate the initial traffic mitigation fee shall be revised and the base year for calculating
inflation shall be the year of that fee’s implementation.
19.51.110 Requirements for transportation improvements when traffic analysis is not required.
A. If a traffic analysis is not required under Section 19.51.040, but the proposed project would generate ten or
more vehicle trips per day, the applicant shall mitigate the project’s transportation impacts as follows.
B. The applicant shall implement, or pay the city the cost of implementing, local transportation improvements as
required by the city code and the city traffic engineer to meet street standards, safety requirements, or other
localized impacts on or in close proximity to the project site that have been identified in the project review
process.
C. The applicant shall pay a fee for transportation system improvements as defined in Section 19.51.100(D) for
each PM peak hour trip that the project will produce, as determined in the latest edition of the ITE Trip
Generation Manual or as otherwise approved by the city traffic engineer. Any agreement to pay in accordance
with the provisions of this section shall be in a form provided in Section 19.51.130.
D. For projects within the core area (see Section 19.51.180), the fee shall be calculated by using seventy-five
percent of projected trip generation using the ITE Trip Generation Manual, or as otherwise approved by the
city traffic engineer based on reasonable trip generation assumptions and transportation demand
management (TDM) plans as detailed in an approved traffic study.
E. If an applicant disputes the fee described in this section, the applicant has the option of preparing a traffic
analysis at its expense, as described in this chapter and as approved by the city traffic engineer, to
demonstrate a lesser impact and to mitigate the transportation impacts in accordance with Section 19.51.090.
19.51.120 Credit for improvements and nonduplication of mitigation.

A. When determining the mitigation costs attributable to the proposed project, the city traffic engineer shall take
into consideration and give fair credit for transportation improvements, including dedication land, that: (1)
address some or all of a proposed project’s impacts; and/or (2) have previously been imposed and fulfilled as a
condition of a prior land use approval related to the proposed project. The city traffic engineer shall also take
into consideration and give fair credit for the contributions made by the subject property owner or his/her
predecessor(s) in interest under any transportation funding device, such as a local improvement district (LID),
transportation benefit district (TBD), development agreement, or similar mechanism. Any claim for credit
made later than the time of application for a building permit shall be deemed to be waived.
B. A person required to pay a fee for system improvements under RCW 82.02.050 through 82.02.090 shall not be
required to pay a fee under SEPA and this chapter for those same system improvements.
C. The prohibition on nonduplication limits the city from requiring an applicant to pay more than once for a
transportation improvement to address the same environmental impact. It is not a duplicative requirement
for an applicant to pay a fee for system improvements and to pay or install local transportation improvement,
provided these different mitigation obligations do not address the same, specific environmental impact
resulting from the project.
D. Agreements may provide for credit for future improvements if the city and the applicant agree that the
applicant is implementing transportation improvements beyond those required under this chapter.
19.51.130 Form of commitment.

The applicant may enter into contractual and financing arrangements, including latecomer agreements,
development agreements, or other agreements, in any form that is satisfactory to the city and is legally binding
and enforceable on the applicant. Any agreement must bind the applicant’s successors in interest, at least until

such time as the improvements have been paid for or are operational. Any agreements must be in a form
approved by the city attorney.
19.51.140 Procedure for payment and use of fees.

A. Payment of all transportation fees shall be made prior to building permit issuance, except as provided in
subsection B of this section.
B. The deferral of transportation fees shall be allowed only for single-family attached and detached construction
being constructed by an applicant having a contractor registration number or other unique identification
number and in accordance with the following:
applicant.
c. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of
the management and policies of an entity, whether through the ownership of voting shares, by
2. An applicant wishing to defer the payment of fees for transportation system improvements shall:
transportation system improvement fee requests in the calendar year within the city; and
3. The lien shall:
will encumber;
fee for transportation improvements.
5. Each applicant eligible to defer transportation fees shall only be entitled to annually receive deferrals for
no more than a total of twenty building permits within the city.
7. The deferred fee for transportation improvements shall be paid in full prior to whichever of the following
occurs first:

8. If the building for which the deferral of the fee for transportation improvements is requested is located
within a subdivision, unit lot subdivision or short subdivision, the subdivision, unit lot subdivision or short
subdivision shall be recorded prior to recording the lien for fees and issuance of the building permit.
9. After the applicant has paid all deferred fees for transportation improvements, the applicant is
responsible for submitting a lien release application to the city. The applicant, at their own expense, will
be responsible for recording lien releases.
short subdivision conditions pertaining to the timing of the fee payment.
11. If deferred fees for transportation improvements are not paid in accordance with terms authorized by
state law and this section, the city may initiate foreclosure proceedings for the unpaid impact fees and all
costs associated with the collection of the unpaid fees.
12. A request to defer transportation fees under this section may be combined in one application with a
request to defer school impact fees under Section 19.52.090.
C. All fees collected under this chapter shall be obligated or expended on transportation improvements. Fees
collected for specific projects shall be expended on those projects or may be expended on replacement
projects that provide similar or greater improvements.
D. The fees shall be obligated or expended in all cases within five years of collection. Any fees not so obligated or
expended shall be refunded with interest at the rate applied to judgments to the property owners of record at
the time of refund; however, if the payment is not obligated or expended within five years due to delay
attributable to the project applicant, the payment shall be refunded without interest.
E. An applicant’s commitment to specific performance to construct or to pay a fair share of a transportation
improvement (as specified in Section 19.51.100(A)(2)), including any bonds or financial assurance associated
with the improvement, shall not be considered a fee, regardless of whether a monetary value has been
assigned to the improvements in the traffic analysis or other project review documents or agreements.
19.51.145 Fee exemptions.

A. The city may, on a case-by-case basis, grant exemptions to the application of the fee for planned system
improvements (as specified in Section 19.51.100(A)(1)) for new low income housing units in accordance with
the conditions specified under RCW 82.02.060(2). To qualify for the exemption, the developer shall submit an
application to the planning and community development director for consideration by the city prior to
application for building permit. Conditions for such approvals shall meet the requirements of RCW
82.02.060(2), which includes payment of the fee from public funds other than the fee for transportation
improvement account. In addition, any approved exemption will require a covenant that will assure the
project’s continued use for low income housing. The covenant shall be an obligation that runs with the land
upon which the housing is located, and shall be recorded against the title of the real property.
B. The city may, on a case-by-case basis, grant a partial exemption of not more than eighty percent of fees for
planned system improvements (as specified in Section 19.51.100(A)(1)), with no explicit requirement to pay
the exempted portion of the fee from public funds, for low income housing units, pursuant to the following:
1. The mayor, or designee, may grant an exemption to a low income housing project for each low income
unit.
to the project of paying the impact fees, the impacts of the project on public facilities and services, and
the consistency of the project with adopted city plans and policies relating to low income housing.

owner must pay the applicable fees for transportation improvements in effect at the time of any
conversion. Covenants required by this subsection must be recorded with the Snohomish County auditor.
19.51.150 Application to projects currently underway.

If a mitigation commitment has been made but has not been fully met by an applicant, the applicant is required to
fulfill the commitment and, in addition, may be responsible for complying with the traffic study and mitigation
requirements of this chapter. Nothing in this chapter shall be construed to contravene the authority of the
responsible official to withdraw a SEPA threshold determination as provided in WAC 197-11-340(3)(a).
19.51.160 Projects in core area.

Proposed projects located entirely or partially within the core area shall be governed by Section 19.51.110(D). For
purposes of this chapter the core area is defined in Section 19.51.180.
19.51.170 Interpretation and implementation.

A. This chapter shall be liberally construed to achieve the purposes set forth in Section 19.51.010.
B. Compilation and Update. This chapter is a compilation of and replaced existing previously adopted traffic
mitigation ordinances (Ordinance Nos. 1670-89, 1773-90, 1754-90, 1781-91, 2425-99, 2496-00 and related
ordinances that extended these ordinances). The ordinance codified in this chapter repeals and supersedes
prior ordinances and updates them in order to be consistent with and implement the city’s comprehensive
plan, as well as the improved permit processing requirements and maintains standards governing use of the
environment substantially similar to those in existing plans and laws. Section 19 of Ordinance 3387-14 repeals
the previous interim traffic mitigation ordinances.
C. Savings. Except as specifically provided in Section 19.51.150, the enactment of this chapter shall not affect any
case, proceeding, appeal, or other matter in any court of law before the city or in any way modify any
obligation, right or liability, civil or criminal, which may be in existence on the effective date of the ordinance
codified in this chapter or as may exist by virtue of any of the ordinances herein superseded or repealed.
D. Third Party Liability. This chapter is intended to provide for and promote the health, safety and welfare of the
general public, and is not intended 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 terms of this chapter. It is the
specific intent of this chapter to place the obligation of complying with its requirements upon the applicant.
It is the specific intent of this chapter that no provision nor any term used in this chapter is intended to impose
any duty whatsoever upon the city or any of its officers or employees, for whom the implementation and
enforcement of this chapter shall be discretionary and not mandatory.
Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any
liability on the part of the city, or its officers, employees or agents, for any injury or damage resulting from the
failure of an applicant to comply with the provisions of this chapter, or by reason or in consequence of any
inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with
the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the
part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents.

E. Interpretation. The city traffic engineer may interpret the requirements of this chapter on a case-by-case
basis, consistent with the purposes set forth in Section 19.51.010. The city engineer and responsible official
are authorized to promulgate rules and regulations consistent with the terms of this policy.
F. In the event that transportation impact fee or other mitigation programs are otherwise adopted by the city
council under other authorization and requirements such as Chapter 36.73 or 39.92 RCW or the Growth
Management Act, Chapters 36.70A and 36.70B RCW, et seq., mitigation of the traffic and transportation
impacts within the scope of those programs will be required under those programs and shall supersede this
chapter. The incorporation by reference and supplementation of certain definitions from RCW 82.02.090 in
this chapter shall not be construed as the adoption of an impact fee program under the Growth Management
Act. Avoidance of duplication between the requirements of this chapter and those programs shall be governed
by RCW 82.02.100 and 43.21C.065 and Section 19.51.120.
19.51.180 Definitions and usage.

A. Usage. For purposes of this chapter, unless the context clearly requires otherwise:
1. Any official identified in this chapter includes any designee of or successor to that official.
2. “Applicant” refers to the person or entity proposing a project. “Applicant” includes private or public
entities. “Applicant” includes the entity for which an authorized representative is submitting an
application. “Application” includes any project permit application under Chapter 15.01.
3. “Environmental impact” has the same meaning as in SEPA and includes: (a) effects on transportation
network; (b) physical effects on people using the transportation network, such as public health and safety;
and (c) effects of traffic or of the location or operation of transportation facilities on people and the
environment, such as noise, air quality, and critical areas.
4. “Fee for transportation system improvements” refers to a fair share of regulatory fee that is placed in a
dedicated fund and that helps to address and mitigate a proposed project’s impacts on the transportation
system, as provided in this chapter, and does not refer to a method to raise revenue for the general fund
to pay for transportation improvements.
5. “Including” means including but not limited to.
6. “May” is optional and permissive and does not impose a requirement.
7. Section and paragraph titles are not intended to have regulatory effect.
8. “Shall” is mandatory.
9. Singular includes plural and conversely, unless context clearly requires otherwise.
B. Definitions. Terms in this chapter shall have the same meaning as terms defined in: (1) Sections 19.43.030
(SEPA definitions incorporated by reference from Chapter 197-11 WAC) and 19.43.040 (additional SEPA
definitions); and (2) RCW 82.02.090 (except that, as defined in subsection C of this section, “project
improvements” shall be referred to as “local transportation improvements” and “system improvements” shall
be referred to as “transportation system improvements” and are not limited to facilities identified in the
capital facilities plan.
C. Additional Definitions. In addition to the definitions referenced in subsection B of this section, when used in
this chapter, the following terms shall have the following meaning:
“Characteristics of development” means the specific features of and effects caused by a proposed project,
including its compliance with development standards.
“Comprehensive plan” means the city of Everett comprehensive plan adopted by the city council and existing
at the time of project review. The term “comprehensive plan” includes adopted subarea plans.
“Core area” means the portion of the city of Everett defined as the UM, ULI, or UR zones in Title 19.
“Fair share cost” means the proportional share of the cost of transportation system improvements that is
attributable to a project’s impacts on the transportation system, as required by Section 19.51.100.

“Level of service” or “LOS” standard means the acceptable service standard adopted by the city in its
comprehensive plan, as described in Section 19.51.090. If the comprehensive plan is amended to revise the
acceptable level of service standard, the standard stated in Section 19.51.090 shall be deemed to be the
revised, adopted LOS standard.
“Local transportation improvement” means site improvements and facilities that are planned and designed to
provide service for a particular development project and that are necessary for the use and convenience of
the occupants or users of the project, and are not transportation system improvements. No specific
improvement or facility included in the city’s capital facilities plan shall be considered a local transportation
improvement.
“Peak hour trips” means total inbound and outbound trips during the PM peak period (commonly known as
“rush hours”), as may be further defined by the city traffic engineer.
“Planned action” means a project that meets the criteria set forth in RCW 43.21C.031 and WAC 197-11-164
and whose probable significant adverse environmental impacts have previously been analyzed in an
environmental impact statement, and that is authorized by Chapter 15.02 and the specific planned action
ordinance relating to the project.
“Planned system improvement” means a transportation system improvement identified in the city’s six-year
transportation improvement program and other transportation system improvements that are planned to
occur, to the knowledge of the city engineer.
“Practical” means reasonable and capable of being accomplished, as provided by WAC 197-11-660.
“Project” means a development, construction, or management activity located in a defined geographic area,
whether private or public. Proposed projects subject to this chapter are those that generate more than ten
vehicle trips per day or require project review, including SEPA review, under Title 15 and EMC 19.43.
“Project review process” means the city process for considering and making decisions on proposed projects
under Chapter 15.02, including staff, environmental and public review.
“Traffic analysis” means the study of transportation impacts and mitigation measures, as provided in Sections
19.51.060 through 19.51.090. A traffic analysis may be combined with other project review documents, as
determined appropriate by the city engineer or responsible official.
“Transportation improvement” means either a local transportation improvement, a transportation system
improvement, or an improvement that is both a local and system improvement.
“Transportation network” means all facilities and means of transportation used by the public in the city or in
areas affected by project traffic, including land, air, and waterborne traffic.
“Transportation system improvement” means public facilities that are included in the capital facilities plan or
identified by the traffic analysis and are designed to provide service to service areas within the community at
large, in contrast to local transportation improvements.
“Trips” means inbound and outbound trips.

Chapter 19.52 SCHOOL DISTRICT IMPACT FEES
Table of Contents
CHAPTER 19.52 SCHOOL DISTRICT IMPACT FEES .................................................................................................. 1
19.52.010 PURPOSE. ............................................................................................................................................. 1
19.52.020 APPLICABILITY. ...................................................................................................................................... 1
19.52.030 ELIGIBILITY. ........................................................................................................................................... 1
19.52.040 ESTABLISHMENT OF SCHOOL DISTRICT IMPACT FEES. ...................................................................................... 2
19.52.050 IMPACT FEE LIMITATIONS. ........................................................................................................................ 2
19.52.060 IMPACT FEE SCHEDULE—EXEMPTIONS. ...................................................................................................... 2
19.52.070 CREDIT FOR IN-KIND CONTRIBUTIONS. ........................................................................................................ 3
19.52.080 SEPA MITIGATION AND OTHER REVIEW. ..................................................................................................... 3
19.52.090 COLLECTION AND TRANSFER OF FEES. ......................................................................................................... 3
19.52.100 USE OF FUNDS. ...................................................................................................................................... 5
19.52.110 REFUNDS. ............................................................................................................................................. 5
19.52.120 REIMBURSEMENT FOR ADMINISTRATIVE COSTS, LEGAL EXPENSES, AND REFUND PAYMENTS. .................................. 5
19.52.130 ADMINISTRATIVE ADJUSTMENT OF FEE AMOUNT........................................................................................... 5
19.52.140 APPEALS OF DECISIONS—PROCEDURE. ....................................................................................................... 6
19.52.150 ARBITRATION OF DISPUTES. ...................................................................................................................... 6
19.52.010 Purpose.
The purposes of this chapter are:
A. To provide for a predictable and timely collection system of impact fees for eligible school districts providing
services to students living within the city of Everett;
B. To help ensure that adequate school facilities are available to serve new growth and development; and
C. To require that new growth and development pay a proportionate share of the costs of new school facilities
needed to serve new growth and development.
This chapter shall apply to all residential development establishing a new dwelling unit, unless such residential
dwelling unit has been the subject of a development application that:
A. Previously paid school mitigation fees;
B. Was approved under a SEPA process that established a school mitigation fee, for which the SEPA approval has
not expired, and for which a building permit has not been issued; or
C. Is for a building permit within a development approved prior to the effective date of this chapter, which was
not subject to school mitigation fees under the State Environmental Policy Act, provided the building permit is
not expired.
19.52.030 Eligibility.
Any district serving the city of Everett shall be eligible to receive school impact fees provided the district has
submitted a current capital facilities plan for the district to Snohomish County and said capital facilities plan has
been incorporated by reference into the capital facilities element of the Snohomish County general policy plan.
Ch. 19.52 School Impact Fees 1 Planning Commission Recommendation (09/08/20)

19.52.040 Establishment of school district impact fees.
The city of Everett hereby adopts by reference the school impact fee schedule contained in the applicable school
district’s adopted capital facilities plan, as incorporated by the city in the capital facilities element of its
comprehensive plan. Each school district shall provide a copy of their adopted biennial capital facilities plan to the
city within fifteen days after it is incorporated into the Snohomish County general policy plan. The city shall use the
impact fee incorporated in the Snohomish County general policy plan, except as may otherwise be provided by this
chapter.
19.52.050 Impact fee limitations.

A. School impact fees shall be imposed for district capital facilities that are reasonably related to the
development under consideration, shall not exceed a proportionate share of the costs of system
improvements that are reasonably related to the development, and shall be used for system improvements
that will reasonably benefit the new development.
B. Except as otherwise provided in RCW 82.02.070(3)(b), school impact fees must be expended or encumbered
for a permissible use within ten years of receipt by the district.
C. To the extent permitted by law, school impact fees may be collected for capital facilities costs previously
incurred to the extent that new growth and development will be served by the previously constructed capital
facilities; provided, that school impact fees shall not be imposed to make up for any existing system
deficiencies.
D. A developer required to pay a fee pursuant to RCW 43.21C.060 for capital facilities shall not be required to pay
a school impact fee pursuant to RCW 82.02.050 through 82.02.090 and this title for the same capital facilities.
19.52.060 Impact fee schedule—Exemptions.

A. The city council may, on a case-by-case basis, grant exemptions to the application of the fee schedule for low
income housing in accordance with the conditions specified under RCW 82.02.060(2). To qualify for the
exemption, the developer shall submit a petition to the planning and community development director for
consideration by the council prior to application for building permit. Conditions for such approvals shall meet
the requirements of RCW 82.02.060(2) and include a requirement for a covenant to assure the project’s
continued use for low income housing. The covenant shall be an obligation that runs with the land upon which
the housing is located, and shall be recorded against the title of the real property.
B. The city may, on a case-by-case basis, grant a partial exemption of not more than eighty percent of school
impact fees, with no explicit requirement to pay the exempted portion of the fee from public funds, for low
income housing units, pursuant to the following:
1. The mayor, or designee, after approval by the applicable school district, may grant an exemption to a low
income housing project for each low income unit.
to the project of paying the impact fees, the impacts of the project on school facilities and services, and
the consistency of the project with adopted city plans and policies relating to low income housing.
owner must pay the applicable impact fees in effect at the time of any conversion. Covenants required by
this subsection must be recorded with the Snohomish County auditor.

19.52.070 Credit for in-kind contributions.

A. A developer may request, and the planning and community development director may grant, a credit against
school impact fees otherwise due under this chapter for the value of any dedication of land or improvement
to or new construction of any capital facilities identified in the district’s capital facilities plan provided by the
developer. Such requests must be accompanied by supporting documentation of the estimated value of such
in-kind contributions. All requests must be submitted to the department in writing prior to its determination
of the impact fee obligation for the development. Each request for credit will be immediately forwarded to the
affected school district for its evaluation and comment prior to a decision by the director. The director shall
consider the school district comments in light of the consistency of the dedication, improvement or
construction with the district’s capital facilities plan and the impact to school district facilities from the
proposed development.
B. Where a school district determines that a development is eligible for a credit for a proposed in-kind
contribution, it shall provide the department and the developer with a letter setting forth the justification for
and dollar amount of the credit, the legal description of any dedicated property, and a description of the
development activity to which the credit may be applied. The value of any such credit may not exceed the
impact fee obligation of the development unless requested by the school district and approved by the city’s
planning and community development director.
C. Where there is agreement between the developer and the school district concerning the value of proposed in-
kind contributions, their eligibility for a credit, and the amount of any credit, the director may approve the
request for credit and adjust the impact fee obligation accordingly, and require that such contributions be
made as a condition of development approval. Where there is disagreement between the developer and the
school district regarding the value of in-kind contributions, however, the planning and community
development director may render a decision that can be appealed by either party pursuant to the procedures
in Chapter 15.02.600.
19.52.080 SEPA mitigation and other review.

A. The city may condition or deny development approval pursuant to SEPA as necessary or appropriate to
mitigate or avoid significant adverse impacts to school services and facilities, to assure that appropriate
provisions are made for schools, school grounds, and safe student walking conditions, and to ensure that
development is compatible and consistent with each district’s services, facilities and capital facilities plan.
B. Impact fees required by this chapter shall constitute adequate mitigation for impacts on capital facilities
identified in the district’s capital facilities plan; except that nothing in this chapter prevents issuance of a
determination of significance under SEPA and conditioning or denial of the project based on specific adverse
environmental impacts identified during project review.
19.52.090 Collection and transfer of fees.

A. School impact fees shall be due and payable to the city by the developer at the time of issuance of residential
building permits for all developments, except as provided in subsection B of this section. The city may make
alternative arrangements with a school district for collection of impact fees, provided payment is made prior
to the issuance of residential building permits for all developments.
B. The deferral of school impact fees shall be allowed only for single-family attached and detached construction
being constructed by an applicant having a contractor registration number or other unique identification
number and in accordance with the following:

applicant.
c. “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of
the management and policies of an entity, whether through the ownership of voting shares, by
2. An applicant wishing to defer the payment of school impact fees shall:
impact fee requests in the calendar year within the city; and
3. The lien shall:
will encumber;
impact fee.
5. Each applicant eligible to defer impact fees shall only be entitled to annually receive deferrals for no more
than a total of twenty building permits within the city.
7. The deferred impact fee shall be paid in full prior to whichever of the following occurs first:
8. If the building for which the deferral of the impact fee is requested is located within a subdivision, unit lot
subdivision or short subdivision, the subdivision, unit lot subdivision or short subdivision shall be recorded
prior to recording the lien for impact fees and issuance of the building permit.
9. After the applicant has paid all deferred impact fees, the applicant is responsible for submitting a lien
release application to the city. The applicant, at their own expense, will be responsible for recording lien
releases.
short subdivision conditions pertaining to the timing of the impact fee payment.

11. If deferred impact fees are not paid in accordance with terms authorized by state law and this section, the
city may initiate foreclosure proceedings for the unpaid impact fees and all costs associated with the
collection of the unpaid impact fees.
12. If the city does not institute foreclosure proceedings for unpaid school impact fees within forty-five days
after receiving notice from a school district requesting that it do so, the district may institute foreclosure
proceedings with respect to the unpaid impact fees.
13. A request to defer school impact fees under this section may be combined in one application with a
request to defer transportation impact fees under Section 18.36.060 or transportation fees under Section
18.40.140.
C. Districts eligible to receive school impact fees required by this chapter shall establish an interest-bearing
account and method of accounting for the receipt and expenditure of all impact fees collected under this
chapter. The school impact fees shall be deposited in the appropriate district account within ten days after
receipt, and the receiving school district shall provide the city with a notice of deposit.
D. Each district shall institute a procedure for the disposition of impact fees and providing for annual reporting to
the city that demonstrates compliance with the requirements of RCW 82.02.070, and other applicable laws.
19.52.100 Use of funds.

A. School impact fees may be used by the district only for capital facilities that are reasonably related to the
development for which they were assessed and may be expended only in conformance with the district’s
adopted capital facilities plan.
B. In the event that bonds or similar debt instruments are issued for the advance provision of capital facilities for
which school impact fees may be expended, and where consistent with the provisions of the bond covenants
and state law, school impact fees may be used to pay debt service on such bonds or similar debt instruments
to the extent that the capital facilities provided are consistent with the requirements of this title.
C. The responsibility for assuring that school impact fees are used for authorized purposes rests with the district
receiving the school impact fees. All interest earned on a school impact fee account must be retained in the
account and expended for the purpose or purposes for which the school impact fees were imposed, subject to
the provisions of Section 19.52.110.
19.52.110 Refunds.
A. School impact fees not spent or encumbered within ten years after they were collected or such longer period
as may be authorized pursuant to RCW 82.02.070(3)(b) shall be refunded pursuant to RCW 82.02.080(1). For
purposes of this chapter, “encumbered” means school impact fees identified by the district to be committed
as part of the funding for capital facilities for which the publicly funded share has been assured, development
approvals have been sought or construction contracts have been let.
B. When the county seeks to terminate any or all impact fee requirements under this section, all unexpended or
unencumbered funds, including interest earned, shall be refunded in accordance with RCW 82.02.080(2).
C. Refunds provided for under this section shall be paid only upon submission of a proper claim pursuant to
county claim procedures. Such claims must be submitted within one year of the date the right to claim the
refund arises, or the date that notice is given, whichever is later.
19.52.120 Reimbursement for administrative costs, legal expenses, and refund payments.
Each participating school district shall enter into an agreement with the city for reimbursement of the actual
administrative costs of assessing, collecting and handling fees for the district, any legal expenses and staff time
associated with defense of this chapter against district-specific challenges, and payment of any refunds provided
under Section 19.52.110.
19.52.130 Administrative adjustment of fee amount.

A. Within fourteen days of acceptance by the city of a building permit application, a developer or school district
may appeal to the director for an adjustment to the amount of or an elimination of fees imposed under this
chapter by submitting a written explanation of the basis for the appeal. The planning and community
development director may adjust the amount of or eliminate the fee, in consideration of studies and data
submitted by the developer and the affected school district, if one of the following circumstances exists:
1. The school impact fee assessment was incorrectly calculated;
2. Unusual circumstances exist that demonstrate the school impact fee is unfair as applied to the specific
development;
3. A credit for in-kind contributions by the developer, as provided for under Section 19.52.070, is warranted;
4. Any other credit specified in RCW 82.02.060(1)(b) is warranted; or
5. The school impact fee assessment was improper under RCW 82.02.020 or 82.02.050 et seq.
B. To avoid any delay pending resolution of the appeal, school impact fees may be paid under written protest in
order to obtain development approval. Such written protest must be submitted at or prior to the time fees are
paid, and will relate only to the specific fees identified in the protest. Failure to provide such written protest at
the time of fee payment shall be deemed a withdrawal of any appeal to the director.
C. Failure to file a written protest and to seek a timely appeal to the director shall preclude any appeal of the
school impact fee pursuant to Chapter 15.02.600.
D. Refunds approved under this section, or following an administrative appeal as provided in Chapter 15.02.600,
shall be made to the current property owner at the time the refund is authorized, unless the current property
owner releases the county and the school district from any obligation to refund the current property owner.
E. The developer or the school district may appeal the director’s decision as provided in Chapter 15.02.600.
19.52.140 Appeals of decisions—Procedure.

A. Any person aggrieved by a decision to impose, impose modifications to, or waive an impact fee under this
chapter may appeal the decision to the hearing examiner. Where there is an administrative appeal process for
the underlying development approval, appeals of an impact fee under this chapter must be combined with the
administrative appeal for the underlying development approval. Where there is no administrative appeal for
the permit, then appeal of the impact fee shall proceed as a Type 1 appeal pursuant to Chapter 15.02.600.
Appeals shall be limited to application of the impact fee provisions to a specific development.
B. The impact fee may be modified or refunded upon a determination based on the application of the criteria
contained in Section 19.52.130.
19.52.150 Arbitration of disputes.

With the consent of the developer and the affected district, a dispute regarding imposition or calculation of a
school impact fee may be resolved by arbitration.

EXHIBIT 4
Instructions to reader: This chapter amends EMC 13.68. You can locate proposed changes to the city’s code with a
vertical bar in the left hand margin. Words struck through are proposed for deletion; words that are underlined and
highlighted are proposed additions. For a summary of the effect of the changes to this chapter, please visit the
Rethink Zoning Library at https://everettwa.gov/2453/Rethink-Zoning-Library.
Chapter 13.68 STREET CONSTRUCTION AND PRIVATE CONSTRUCTION
Table of Contents
CHAPTER 13.68 STREET CONSTRUCTION AND PRIVATE CONSTRUCTION .............................................................. 1
13.68.010 DEFINITIONS. ........................................................................................................................................ 1
13.68.030 ADMINISTRATION. .................................................................................................................................. 5
13.68.040 DESIGN STANDARDS/GRADES. .................................................................................................................. 5
13.68.050 CONSTRUCTION. .................................................................................................................................... 5
13.68.060 ISSUANCE OF BUILDING PERMIT. ................................................................................................................ 5
13.68.070 ADMINISTRATIVE MODIFICATION. .............................................................................................................. 5
13.68.080 APPEAL PROCEDURE. .............................................................................................................................. 6
For the purpose of this chapter the following definitions shall apply:
A. “Alley” means the minor portion of the public road network not designed for general travel and used primarily
as means of access to the rear of residences and business establishments.
B. “Alley improvement” means the drainage, grading and pavement facilities required to improve the alley to city
design standards.
C. “City engineer” means the person appointed by the mayor to position of engineering department head, or his
designee.
D. “Right-of-way” means the public property used or reserved for municipal purposes including all public utilities
and street usages.
E. “Street” means all or any portion of the city public road network open to the public for travel with exception
of alleys and limited access highways designated as State Highways.
F. “Street improvements” means the installation of all public facilities required to improve the street or alley to
city design standards including grading, drainage, pavement, curb/gutter, sidewalk, street lightsstreetlights,
traffic signals and other necessary appurtenances. Such street improvements shall not be limited to the half
street abutting the property; for example, where no permanent street improvement existed, the street
improvement shall be extended beyond the centerline a sufficient distance (ten feet minimum) to permit safe
movement of traffic.
G. “Interim street improvements” means the installation of improvements to bring the public facility up to the
existing character of the surrounding streets and pedestrian facilities and may include widening of or
installation of the asphalt street surface, gravel or paved shoulder, temporary drainage facilities and in case of
alleys, an all- weather gravel driving surface.

The purpose of this chapter is to establish standards for improvements to public streets, sidewalks and alleys that
would be required with development.
A. Improvements required – business, commercial and industrial development. No building permit shall be
issued by the city for construction of any new building or facility of any kind or description, or in connection
Ch. 13.68, Street Construction and Private Construction 1 Planning Commission Recommendation (09/08/20)
with any additions, alterations, or repairs within any twelve-month period which exceeds fifty percent of the
current market value of an existing building or facility on the property, unless or until the public streets and
alleys upon which the same abuts shall be improved to current city standards. The applicant shall be required
to construct frontage (e.g. street and/or alley)street improvements together with all necessary
appurtenances. at the owner(s) expense in accordance with the following requirements:
B. Improvements required - residential uses. Public streets and alleys shall be improved to current city standards
for any residential development that results in a total of three or more dwellings, excluding accessory dwelling
units. This requirement for street improvements applies to single-family residences, duplex, triplex, multiple
family or any combination thereof resulting in three or more dwelling units in total.
C. Sidewalk improvement required for all residential development within sidewalk priority areas. This
requirement supersedes the development threshold in subsection B of this section. All development resulting
in the construction of one or more new residential dwelling units, excluding accessory dwellings, shall provide
a sidewalk or safe walking path meeting city standards along the property’s full frontage when located in the
“sidewalk priority” area shown on Map 13.68-1. The sidewalk priority area includes the following locations:
1. Metro Everett, as defined in Title 19;
2. Areas within one-quarter mile of a high frequency transit corridor; and
3. Areas within one quarter mile of a public school or public park.
D. Exceptions. The city engineer may allow the property owner to provide interim street improvements, as
defined in subsection G of Section 13.68.010 and the Administrative Guidelines, or to deviate from the
requirements of this chapter in the following circumstances:
1. Where a proposed development is subject to a land use permit under EMC Title 19, and conditions have
been imposed through the land use review process which are intended to alter, supplement or replace
the requirements of this chapter;
2. Where ultimate improvements are not desirable to the city engineer at the present time due to existing
severe horizontal or severe vertical grade alignment problems;
3. Where the city engineer is satisfied that adequate street improvements exist except for nominal lacking of
street width;
4. Where plans for more comprehensive improvements exist which would alter the ultimate improvements
required to be constructed on the public right-of-way abutting the proposed development site.
5. Where the existing street and alley improvements can adequately serve the property in the short term
future, in accordance with the published Aadministrative Gguidelines;
6. When existing street and/or alley improvements are inadequate or no public street and/or alley
improvements exist:
a. Where ultimate improvements are, in the opinion of the city engineer, using reasonable engineering
judgment not desirable, or, in the case of known plans for more comprehensive improvements,
encompassing the public right-of-way abutting the site, the city engineer may allow an interim street
improvement;
b. In all other cases of inadequate improvements or no public street or alley improvements, full street
and/or alley improvements shall be required;
7. The addition of a residential garage or carport shall be exempt from requirements of this chapter when
such construction is an addition to an existing residential use.
A. All business, commercial, industrial, and multiple-family residential (five units or more) land uses, shall be
required to construct street and/or alley improvements together with all necessary appurtenances; provided,
that if in the discretion of the city engineer any of the following conditions are found to exist, the city engineer
may allow the property owner to provide interim improvements as defined in subsection C of Section
13.68.010, or to deviate from the requirements of this chapter:
1. Where a proposed development is subject to the environmental review process pursuant to the State
Environmental Policy Act (SEPA) and Ordinance No. 582-79 as amended, and conditions have been imposed
through the environmental review process which are intended to alter, supplement or replace the
requirements of this chapter;
2. Where a proposed development is determined to be exempt from the requirements of the State
Environment Policy Act and Ordinance No. 582-79 as amended, and where the city engineer determines that
ultimate improvements are not desirable at the present time due to existing severe horizontal or severe
vertical grade alignment problems;
3. Where the city engineer is satisfied that adequate improvements exist except for nominal lacking of street
width;
4. Where plans for more comprehensive improvements exist which would alter the ultimate improvements
required to be constructed on the public right-of-way abutting the proposed development site.
In every case where interim improvements are allowed, the property owner is required to provide a recorded
covenant power of attorney to the city (hereinafter referred to as “LID covenant”) in support of a petition local
improvement district for construction of street and alley improvements, together with all necessary
appurtenances. Forms for the LID covenant shall be provided by the city and approved by the city attorney.
B. Residential uses, up to and including single-family, duplexes, triplexes and fourplexes:

1. Where, in the opinion of the city engineer, the existing street and alley improvements can adequately
serve the property in the short term future, in accordance with the published Administrative Guidelines
the requirements shall be to provide a recorded LID covenant for a local improvement district for
construction of street and alley improvements together with all necessary appurtenances;
2. Where, in the opinion of the city engineer, the existing street and/or alley improvements are inadequate
or no public street and/or alley improvements exist:
a. Where ultimate improvements are, in the opinion of the city engineer, using reasonable engineering
judgment not desirable, or, in the case of known plans for more comprehensive improvements,
encompassing the public right-of-way abutting the site, the city engineer may allow that the property
owner shall provide a recorded LID covenant, for a local improvement district for construction of street
and alley improvements together with all necessary appurtenances,
b. In all other cases of inadequate improvements or no public street or alley improvements, full street
and/or alley improvements shall be required;
3. Provided, however, the addition of a residential garage or carport shall be exempt from requirements of
this chapter when such construction is an addition to an existing residential use, up to and including
single-family, duplexes, triplexes, and fourplexes.
EC. All owners of properties shall dedicate additional rights-of-way as necessary to complete the required street
improvements in accordance with city standards; provided, however, that the developer shall still be required
to meet the appropriate setback requirements as well as all other applicable performancedevelopment
standards.
FD. All improvements required by this chapter aboveshall be extended as necessary to provide a smooth transition
with existing improvements, both laterally across the street and longitudinally up and down the street, for
drainage, vehicular and pedestrian traffic. Interim street improvements are defined in the Administrative
Guidelines.
E. For residential uses, up to and including single-family, duplexes, triplexes and fourplexes, a neighborhood
residential street shall be considered adequate as long as the existing character of the surrounding streets and
pedestrian facilities consist of an eighteen foot asphalt surface and a three foot shoulder beyond the hard
surface street section. On arterial and high volume residential streets, a six foot shoulder shall be deemed as
adequate, except where school or neighborhood pedestrian routes exist or are anticipated, sidewalks shall be
installed.
Map 13.68- 1: Sidewalk Priority Areas
13.68.030 Administration.
The authorized administrator of this chapter shall be the city engineer, and he is delegated the administrative
responsibilities contained in this chapter, including establishment of administrative guidelines to implement the
standards contained herein.
13.68.040 Design standards/grades.

A. All street and alley improvements shall be to city design standards and approved by the city engineer.
B. The city engineer shall utilize the uniform geometric standards for the design of city streets as per RCW
35.78.020—040 (Draft Copy from Washington State Department of Transportation dated September 18, 1978,
and subsequent versions), the Manual on Uniform Traffic Control Devices (“MUTCD”), the American Public
Works Association Standard Construction Specifications (current edition), together with such other standard
hethe city engineer may adopt and publish.
C. In addition, design standards and street improvement requirements of specific application to certain streets,
locations or neighborhoods may be further designated or defined by ordinance or resolution.
D. The city engineer shall furnish control elevations for final grades of required improvements.
13.68.050 Construction.
All street and alley improvement plans shall be prepared by an licensed engineer, licensed in the state of
Washington on twenty-four inch by thirty-six inch size mylar reproducible paper for permit approval by the city
engineer prior to starting construction. All construction work shall be inspected by the city engineer, or his
representative. Upon completion of construction, the city engineer is authorized to accept such improvement
and/or any right-of-way dedication required herein on behalf of the city.
13.68.060 Issuance of building permit.

No new building permit shall be issued until all street and alley improvements are completed and accepted by the
city engineer; provided, however, upon proper application to the building department, the city engineer may
authorize issuance of a building permit upon delivery of a performance bond, cash deposit, or equivalent
guarantee for one hundred twenty percent of the city engineer’s approved estimated cost of the improvements to
the public right-of-way, in order that such improvements could and would be installed at the expense of the
building permit applicant or assigns upon the right-of-way within a reasonable time after notice so to do shall be
given by the city.
13.68.070 Variance procedureAdministrative modification.

The city engineer is authorized to grant, in writing, administrative modifications from the regulations and
requirements of this chapter, provided the following criteria are met:
A. The modification arises from peculiar physical conditions not ordinarily existing in similar districts in the city or
is due to the nature of the business or operation upon the applicant’s property;
B. That the modification is not against the public interest, particularly safety, convenience and general welfare;
C. That the granting of the permit for the modification will not adversely affect the rights of the adjacent
property owners or tenants;
D. That the terms of this chapter will not create an unnecessary hardship on the applicant, property owner or
tenant.
A. Any applicant or department of the city may request a special exception to the hearing examiner from any
provision of this chapter. Such request by applicant shall be filed in writing with the city engineer and
secretary of the hearing examiner. Such requests must be made in writing to the city engineer within thirty
days from the date on which the city engineer presents the applicant with his final decision in writing. There
shall be a nonrefundable fee of fifty dollars paid to the city treasurer to cover the city’s cost of handling the
request for special exception, except that a department of the city is exempt from the fee. The hearing
examiner shall consider the proposed variance within thirty days after the city engineer receives the request.
B. The hearing examiner is authorized to grant, in writing, variances from the regulations and requirements of
this chapter, providing it is first determined that all of the following conditions are present:
1. The applicant has completed the environmental review process, under the provisions of the Washington
State Environmental Policy Act (SEPA) and completed any street or traffic-related studies required by the
review;
2. The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in
the city, and that not granting a special exception may aggravate the conditions;
3. That the variance requested is not against the public interest, particularly safety, convenience and general
welfare;
4. That the granting of the variance will not adversely affect the adjacent property owners or tenants;
5. That the terms of this chapter will work unnecessary hardship on the applicant, property owner or tenant.
Such hardship shall not be self-imposed.
C. Any applicant or department of the city aggrieved by a variance decision of the hearing examiner may appeal
to the city council pursuant to Section 20 of the Land Use Hearing Examiner Ordinance (Ordinance No. 692-80)
and the rules of procedure adopted pursuant thereto.
D. In the absence of a hearing examiner who has jurisdiction to hear these matters, city council shall hear
variances according to subsections A and B herein at no fee.
13.68.080 Appeal procedure.

A. Any partyapplicant, aggrieved by a decision or interpretation of the city engineer, may appeal to the hearing
examiner. Such appeals must be made in writing to the city engineer within thirty days from the date on which
the city engineer presents the applicant with his final decision in writing. The hearing examiner shall consider
the appeal of an administrative decision as set forth in EMC Title 15within thirty days after the city engineer
receives the appeal; provided, the applicant has completed the environmental review, under the provisions of
the Washington State Environmental Policy Act (SEPA) and completed any street or traffic-related studies
required by the review. Such appeal shall be limited to the interpretation of the city engineer in the
application of the provisions of this chapter and any amendments or additions hereto.
B. Any applicant or department of the city aggrieved by a decision of the hearing examiner may appeal to the city
council pursuant to Section 20 of the Land Use Hearing Examiner Ordinance (Ordinance No. 692-80) and the
rules of procedure adopted pursuant thereto.
C. In the absence of a hearing examiner who has jurisdiction to hear these matters, the city council shall hear
appeals according to subsection A of this section, at no fee.
EXHIBIT 5
highlighted are proposed additions.
Chapter 19.17 AIRPORT/PORT/NAVY COMPATIBILITY OVERLAY
Table of Contents
CHAPTER 19.17 AIRPORT/PORT/NAVY COMPATIBILITY OVERLAY .......................................................................... 1
19.17.005 USER GUIDE.......................................................................................................................................... 1
19.17.010 PURPOSE. ............................................................................................................................................. 1
19.17.020 APPLICABILITY—AIRPORT COMPATIBILITY. .................................................................................................. 1
19.17.030 EXEMPTIONS. ........................................................................................................................................ 2
19.17.040 PREEXISTING USES. ................................................................................................................................. 2
19.17.050 AIRPORT COMPATIBILITY AREA MAP. .......................................................................................................... 2
19.17.070 USES AND DEVELOPMENT APPROVALS WITHIN THE AIRPORT COMPATIBILITY AREA. .............................................. 4
19.17.080 NOTICE AND DISCLOSURE REQUIRED WITHIN AN AIRPORT INFLUENCE AREA. ....................................................... 5
19.17.090 DISCLOSURE TEXT FOR AIRPORT INFLUENCE AREA. ........................................................................................ 6
19.17.100 PORT AND NAVAL COMPATIBILITY AREA DESIGNATED. .................................................................................. 6
19.17.110 PORT COMPATIBILITY AREA...................................................................................................................... 8
19.17.120 COMPATIBILITY WITH NAVAL STATION EVERETT. .......................................................................................... 8
19.17.005 User Guide

This chapter establishes a mechanism for review of project proposals and permits within areas close in proximity
to Paine Field, the Port of Everett, and/or Naval Station Everett. These areas are characterized by heavy industrial
use, higher levels of noise, light, and glare than otherwise found in other areas of the city.
19.17.010 Purpose.
The purpose of this chapter is to provide for uses allowed in the underlying zones while protecting Paine Field, the
Port of Everett, and/or Naval Station Everett from nearby incompatible land uses and development by:
A. Identifying areas where incompatible uses should be discouraged;
B. Notifying property owners if their property is located adjacent to an airportPaine Field, the Port of Everett
marine terminal, or Naval Station Everett, that they may experience impacts from airport operations and may
be subject to use, height, or othercertain limitations;
C. Discouraging the siting of uses that attract birds, create visual hazards, discharge particulate matter in the air
that could alter atmospheric conditions, emit transmissions that would interfere with aviation
communications or instrument landing systems, or otherwise obstruct or conflict with aircraft patterns;
D. Identifying potential aeronautical hazards and preventing or minimizing the adverse impacts to the safe and
efficient use of navigable airspace by requiring proof of analysis pursuant to Federal Aviation Administration
(FAA) regulation before issuing permits for projects that are proposed for development adjacent to Paine
Field;
C.E. Recognizing and supporting Paine Field, Port of Everett and Naval Station Everett as an essential public and
military facilitiesy and significant economic resource; and
D. Promoting land use compatibility between properties located near Paine Field, the Port of Everett marine
terminal, and Naval Station Everett and operations at each of these major facilities.
F. Encouraging economic development opportunities and aviation-related uses adjacent to the Paine Field.
19.17.020 Applicability—Airport Compatibility.

A. Airport compatibility requirements of Tthis chapter applies to:
Ch. 19.17 Airport/Port/Navy Compatibility Overlay 1 Planning Commission Recommendation (09/08/20)

1. Development activities and uses within the airport influence area (AIA), as defined in subsection B of this
section and the table below.
2. Development activities and uses within the airport compatibility area (ACA), as defined in subsection B of
this section and the table below.
B. Airport Name: Snohomish County Airport/Paine Field.
FAA Identifier: KPAE.
Airport Elevation: 609 feet.
Table 17-1: Paine Field AIA-ACA

Runways Runway Alignment Runway Length ACA Distance AIA Distance
16R/34L N/S, West 9,010 feet 10,200 feet 14,000 feet
16L/34R N/S, East 3,004 feet 7,200 feet 9,000 feet
12/30 NW/SE 2,000 feet 5,700 feet 9,000 feet
19.17.030 Exemptions.
A. Airport Compatibility. The following development activities and uses are exempt from the airport compatibility
requirements of this chapter, provided the development activity or use will not interfere with airport
operations:
1. Any air navigation use or facility, airport visual approach or airport arresting device, meteorological
device, or a type of approach device approved by the Federal Aviation Administration, the location and
height of which is fixed by its functional purpose.
2. Aeronautical activity, including but not limited to:
a. Aerospace industry and aerospace manufacturing;
b. Fixed base operations, and other necessary airport support facilities, as approved by the airport, if
located outside of airport property;
c. Aerospace and aviation educational facilities, including technical schools and flight training schools.
3. Development activities regulated by the city’s construction codes, EMC Title 16, which are determined by
the planning director to be minor or incidental in nature and consistent with the purpose of this chapter.
B. Personal wireless telecommunications services facilities that are subject to the requirements of Section
19.13.02041.150.D.1.b. shall comply with the requirements of Sections 19.17.080 and 19.17.090 but are
exempt from other provisions of this chapter.
C. Minor exterior alterations which are incidental in nature and consistent with the purpose of this chapter.
19.17.040 Preexisting uses.

A. Uses and structures lawfully established as of effective date of the ordinance codified in this chapter are
exempt from the requirements of Section 19.17.070.
B. Expansion of any use or structure identified in Section 19.17.070.A shall be exempt from the provisions of
Section 19.17.070 when the use of the structure lawfully existed at the effective date of the ordinance
codified in this chapter.
C. A preexisting use may be changed to any use allowed by the underlying use zone.
19.17.050 General requirements within an aAirport compatibility area map.

The boundaries of the Airport Influence Area, Runway Protection Zone, and Airport Compatibility Area from Table
17-1 above, are illustrated in the Airport Compatibility Overlay Map shown in Map 17-1.

Map 17-1: Airport Compatibility Area
This section establishes general requirements for any development activities or uses within an airport compatibility
area (ACA) subject to the requirements of this chapter.

A. In addition to the notice requirements in EMC Title 15, the city shall provide notice of applications for
development activities or uses within an ACA to the airport manager of Paine Field.
B. Applicants for development within an ACA are encouraged to work cooperatively with the airport manager
and refer to FAA and Washington State Department of Transportation guidance related to airport and land use
compatibility.
19.17.060 Federal Aviation Administration review.

A. Federal Aviation Regulations, 14 CFR Part 77, impose certain limitations on the height of proposed
construction or alteration of structures. Notice is required to be provided to the Federal Aviation
Administration (FAA) by filing Form 7460-1 “Notice of Proposed Construction or Alteration” if the structure
falls within the notification requirements outlined in 14 CFR Part 77. An applicant for a permit or approval
under Title 16 is responsible for researching 14 CFR Part 77 to determine whether notification is required,
regardless of whether the property that is the subject of the application is within or outside of the airport
compatibility area (ACA). Nothing in this chapter shall diminish the responsibility of the project proponents to
submit FAA Form 7460-1 “Notice of Proposed Construction or Alteration” to the FAA if required by 14 CFR Part
77.
B. Applicants for a permit or approval under this chapter for development activity or a use within the ACA
consisting of a structure over a height of thirty feet above base elevation, including antennas and building
appurtenances shall provide documentation of one of the following before an approval or permit may be
issued:
1. The proposed construction would not require notice to the FAA, per Form 7460-1 as amended, based on
standards outlined in 14 CFR Part 77;
2. The FAA has issued a determination that the height would not create an obstruction by penetrating the 14
CFR Part 77 surfaces; or
3. The FAA has conducted an aeronautical study of the proposed structure and issued a determination that
the object would create an obstruction but would not create a hazard to the navigable airspace of the
airport or impede operations at the airport. If the FAA determination includes recommendation or
conditions to mitigate impacts, the following shall apply:
a. The department shall provide notice of determination to the airport manager. The airport manager
shall be allowed twenty-one days from the date the notice is transmitted to submit comments to the
department to demonstrate that the FAA recommendations or conditions would not be sufficient to
address adverse impacts and if so, to recommend additional mitigation strategies to address those
impacts; and
b. The applicant shall provide documentation that demonstrates that the project has incorporated all
recommendations and conditions included in the FAA determination and any additional
recommendations submitted by the airport manager necessary to address any remaining adverse
impacts to airport operations demonstrated pursuant to subsection B.3.a of this section.
19.17.070 Uses and development approvals within the airport compatibility area.
A. Permitted Uses and Development Activities. All properties located within the airport compatibility area (ACA)
shall be permitted to have the same uses as permitted in the underlying zoning district subject to the
requirements of the underlying use zone and the requirements of this chapter.
B. Approvals of all uses and development activities within an ACA shall be subject to the following requirements:
1. Runway Protection Zone. The proposal will not locate the storage of explosives, hazardous waste, fuel, gas
or petroleum, or other hazardous materials within the runway protection zone set forth in Map 17-1 and
the Paine Field documented in the relevant aAirport layout Master pPlan.
2. Structure Height Limitations.
a. No structure, including any roof-top appurtenance and construction-related equipment (e.g. cranes),
shall be erected, altered, or maintained that will penetrate or interfere in any way with the airport’s

airspace plan as set forth in the Paine Field Airport Master Plan or that allowed in accordance with
the adopted CFR Federal Aviation Administration (FAA) Regulations Part 77. Penetration of any
airport surface as defined in Part 77 may only be allowed if explicitly authorized by the FAA.
b. An applicant for a permit or approval is responsible for researching 14 CFR Part 77 to determine
whether notification is required, regardless of whether the property that is the subject of the
application is within or outside of the airport compatibility area (ACA). Nothing in this chapter shall
diminish the responsibility of the project proponents to submit FAA Form 7460-1 “Notice of Proposed
Construction or Alteration” to the FAA if required by 14 CFR Part 77.
32. Permit applications for uses proposed within an ACA shall provide information showing proximity to
airport runways, approach areas, and transitional areas. Application materials should be of sufficient
detail to determine that the proposal is compatible with airport operations and consistent with all
requirements of this chapter. A preapplication meeting under Section 15.20.010 is required unless waived
by the city.
43. In addition to any notice requirements for the proposed use or underlying use zone, the city shall provide
notice of new development activities with 10,000 square feet of gross floor area or greater, or any
development with a building or structure that is taller than thirty feet (30’) within the Airport
Compatibility Area, the permit application to the Paine Field airport manager and shall allow the airport
manager to submit comments to the department regarding the proposal, including those related to
potential adverse impacts on airport operations and FAA standards.
C. The city may deny, approve, or approve with conditions an application for a development permit or approval
within an ACA. The application shall be approved only if the proposal will not require a change in airport
operations or flight patterns, including but not limited to adverse impacts due to concentrations of people,
height hazards, noise abatement procedures, visual hazards such as lighting and reflective building materials,
emissions such as smoke, steam, dust, gas or thermal plumes, transmissions that may cause electrical
interference, or wildlife attractants.
19.17.080 Notice and disclosure required within an airport influence area.

A. When notice of application is required in EMC Title 15, the city shall provide notice of applications for
development activities or uses within an ACA to the airport manager of Paine Field.
B. Applicants for development within an ACA are encouraged to work cooperatively with the airport manager
and refer to FAA and Washington State Department of Transportation guidance related to airport and land use
compatibility.
CA. Development approvals and building permits for development activity and uses subject to Section
19.17.070.B.4 that are within an airport influence area (AIA) as shown on Figure 17-1 shall not be issued until
the owner of the property with the proposed development activity or use signs and records with the county
auditor a disclosure notice that:
1. Is in a form provided by the department;
2. Contains a legal description of the property;
3. Bears a notarized signature of the owner; and
4. Contains the disclosure text set forth in Section 19.17.090.
This subsection does not apply when the disclosure text already has been recorded against the property.
DB. In no case shall liability attach to the city for any actions, error, or omissions of any person subject to the
requirements of this section.
Figure 17-1: Airport Influence Area

19.17.090 Disclosure text for Airport Influence Area.
The following shall constitute the airport influence area disclosure required by Section 19.17.080:
Your real property is located within the Airport Influence Area of Paine Field. Occupants of properties within the
Airport Influence Area may be subject to inconveniences or discomforts arising from aviation activities, including
but not limited to noise, odors, fumes, dust, smoke, hours of operation, low overhead flights and other
aeronautical activities. Everett Municipal Code (EMC) 19.17.080 requires that you receive this disclosure notice in
connection with permits you are or may be seeking. A provision of EMC 20.08.100 provides that “Noise originating
from aircraft in flight and sounds which originate at airports and are directly related to flight operations” is exempt
from noise control regulations. The City of Everett has adopted airport compatibility regulations in Chapter 19.17
EMC which may affect you and your land. You may obtain a copy of Chapter 19.17 EMC from the City of Everett. In
addition, current and future property owners are notified that the Federal Aviation Administration establishes
standards and notification requirements for potential height hazards that may be caused by structures, buildings,
trees and other objects affecting navigable air space through 14 Code of Federal Regulations Federal Aviation
Regulations Part 77. This disclosure may no longer be applicable if the subject property is removed from the
Airport Influence Area.
19.17.100 Port and Naval Compatibility Area Designated.

A Port and Naval Compatibility Area (“PCA” or “NCA”), as set forth in Map 17-2, is established. Development within
these areas is subject to the requirements set forth in Sections 19.17.110 and 19.17.120.

Map 17 -2: Port and Naval Compatibility Area Map

19.17.110 Port Compatibility Area.
This section applies to development activities and uses within the Port Compatibility Area (“PCA”), as set forth in
Map 17-2.
A. Uses and development approvals within the Port Compatibility Area (PCA).
All properties located within the PCA shall be permitted to have the same uses as permitted in the underlying
zoning district subject to the requirements of the underlying use zone and the requirements of this section.
1. The city shall provide notice of permit applications to the managers of the Port for new developmental
activities with more than 10,000 square feet of gross floor area within the PCA, and shall allow the
manager(s) to submit comments to the department regarding the proposal, including those related to
potential adverse impacts on Port operations, in addition to any notice requirements for the proposed use
or underlying use zone for Review Process II, III, or V application. A pre-application meeting under EMC
Title 15 may be required unless waived by the city.
2. The City shall consider comments provided by the Port of Everett, and where necessary, apply such
conditions of approval to mitigate potential impacts to Port operations or to identify measures the
applicant may employ to mitigate potential or perceived impacts to their proposed project related to
existing or future Port operations.
B. Notice and disclosure within Port Compatibility Area.
This subsection establishes notification and disclosure requirements for any development activities or uses within
a Port Compatibility Area (PCA) subject to the requirements of this section.
1. The city shall provide written notice to applicants that their project is within the PCA. That notice shall
include the following language:
Your real property is located within the Port Compatibility Area (PCA). Occupants of properties within the
PCA may be subject to inconveniences or discomforts arising from maritime activities, including but not
limited to noise, odors, glare, fumes, dust, construction activity, smoke, traffic, hours of operation, low
overhead flights and other maritime activities. Everett Municipal Code (EMC) 19.17 requires that you
receive this disclosure notice in connection with permits you are or may be seeking. Provisions of EMC
20.08 provide that noise exemptions apply to “created by watercraft … in operation”, and “operation of
equipment or facilities of surface carriers engaged in commerce by railroad”. The City of Everett has
adopted PCA regulations in Chapter 19.17 EMC which may affect you and your land.
2. Applicants for development within the PCA are encouraged to work cooperatively with the Port of Everett
in the design of proposed buildings or land development proposals in order to address design elements
that will promote compatibility with Port operations and to mutually benefit to both parties.
19.17.120 Compatibility with Naval Station Everett.

A. Applicability.
This section applies to development activities and uses within the Navy Compatibility Area (“NCA”), as set forth in
Map 17-2.
B. Uses and development approvals within the Navy Compatibility Area (NCA).
1. All properties located within the NCA shall be permitted to have the same uses as permitted in the
underlying zoning district subject to the requirements of the underlying use zone and the requirements of
this section.
2. The city shall provide notice of permit applications to Naval Station Everett for new development
activities within the NCA, and shall allow Naval Station Everett to submit comments to the department
regarding the proposal, including those related to potential adverse impacts on Navy operations,

3. The city shall consider comments provided by Naval Station Everett, and where necessary, apply such
conditions of approval to mitigate potential impacts to Navy operations or to provide measures to
mitigate impacts created by Port operations and other activities within the NCA.
4. Applicants for development within the NCA are encouraged to work cooperatively with Naval Station
Everett in the design of proposed buildings or land development proposals in order to address design
elements that will promote compatibility with Navy operations and to mutually benefit to both parties.
C. Additional Standards for Development in the Navy Compatibility Area.
1. Security Setbacks. New facilities, including buildings, parking, storage areas and public access trails, are
not permitted within fifty (50) feet of Naval Station Everett. Roads and driving aisles are permitted within
this fifty-foot setback.
2. Outdoor Storage of Bulk Materials. Bulk materials cannot be located in required security setbacks from
Naval Station Everett set forth in subsection (C)(1) above.
3. Landscaping. Landscaping on property adjacent to Naval Station Everett shall be maintained between 18
inches and 6 feet above grade to allow visibility of the required security setback areas set forth in
subsection (C)(1) above.
4. Required Coordination. Any development that is on a lot within two hundred feet (200’) of Naval Station
Everett or has frontage on the shoreline shall coordinate with Naval Station Everett on security and public
safety issues. A comprehensive security and public safety plan must be submitted to the city at time of
land use permit review. Naval Station Everett shall be provided at least fifteen days to review and
comment on the plan. The planning director is authorized to establish conditions that address potential
security impacts upon Naval Station Everett.
5. Electromagnetic Radiation. Any business within ¼ mile (1,320’) of Naval Station Everett that generates
electromagnetic radiation (EMR) shall coordinate with Naval Station Everett. An EMR frequency spectrum
plan must be submitted to the city at time of land use permit review. Naval Station Everett shall be
provided at least fifteen (15) days to review and comment on the plan. The planning director is authorized
to establish conditions that address potential EMR impacts to Naval Station Everett.
6. Marine Traffic. Any development that generates marine traffic in the Everett Harbor must coordinate with
Naval Station Everett. A port operations plan must be submitted to the city at time of land use permit
review. Naval Station Everett shall be provided at least fifteen (15) days to review and comment on the
plan. The planning director is authorized to establish conditions that address potential impacts from
marine traffic on Naval Station Everett.
7. Windows. All windows on north facing facades within one hundred feet (100’) of Naval Station Everett
shall be translucent (does not allow views to Naval Station Everett).

EXHIBIT 6
Amend Chapter 19.34

PARKING, LOADING AND ACCESS REQUIREMENTS
Table of Contents
AMEND CHAPTER 19.34 PARKING, LOADING AND ACCESS REQUIREMENTS ......................................................... 1
19.34.020 REQUIRED OFF-STREET PARKING SPACES. ......................................................................................................... 1
19.34.025 MULTIFAMILY OFF-STREET PARKING REQUIREMENTS AND REDUCTIONS. ................................................................. 4
19.34.040 OFF-STREET PARKING REQUIREMENTS, GENERAL PROVISIONS............................................................................... 5
19.34.050 EXCEPTIONS TO OFF-STREET PARKING SPACE REQUIREMENTS. .............................................................................. 6
19.34.080 TRANSPORTATION DEMAND MANAGEMENT. .................................................................................................... 7
19.34.100 LOCATION OF OFF-STREET PARKING. ............................................................................................................... 9
19.34.110 VEHICULAR ACCESS TO OFF-STREET PARKING—ALLEYS AND DRIVEWAYS............................................................... 10
19.34.120 PARKING AREA DESIGN AND CONSTRUCTION. .................................................................................................. 11
19.34.130 DRIVE-THROUGH FACILITIES. ....................................................................................................................... 13
19.34.140 PEDESTRIAN ACCESS. ................................................................................................................................. 14
19.34.150 OFF-STREET LOADING REQUIREMENTS. .......................................................................................................... 14
19.34.200 MODIFICATION OF REQUIRED OFF-STREET PARKING SPACES, LOCATION AND DRIVEWAY WIDTH STANDARDS. ...............15
19.34.020 Required off-street parking spaces.

The minimum number of required off-street vehicle parking spaces shall be determined in accordance with Table
34-1, unless otherwise set forth in this chapter.
Table 34-1: Off-Street Parking

Spaces Required
Land Use Minimum Parking Spaces Required*
Spaces per dwelling unit unless otherwise
RESIDENTIAL
indicated
1, plus required space(s) for principal dwelling; see
Accessory dwelling unit
Section 19.34.050.C for exceptions
1 per guest room, plus required space(s) for
Bed and breakfast innshouse
dwelling
Boarding or rooming house, dormitories 1 per 3 bedrooms
Congregate care facility, including convalescent or
nursing home, where people are assisted with daily 1 for each 4 beds
activities
2 per dwelling unit, plus 1 for each staff person on
Day care, family home or adult family home
shift not living on premises
Ch. 19.34 Parking, Loading and Access Requirements 1 Planning Commission Recommendation (09/08/20)
Dwelling, micro-housing 1 per 2 dwelling units
Dwelling, multifamily and duplex See multifamily (Section 34.025)
Dwelling, single-family (1-unit) attached or 2 per dwelling unit; Where access is from a private
detached drive: 43 per dwelling unit, except 2 per dwelling on
Dwelling, 2- to 4-unit attached; a full frontage lot that has on-street parking when
Cottage housing access is from a private easement
Group housing, (Category 1 or 2); Group housing,
1 per 4 bedrooms, plus 1 per every 2 employees on
temporary shelter; or rooming house including
shift
group homes, supportive housing, temporary
(2 spaces minimum)
housing (temporary shelter home)
Independent Living Units:
0.75 per dwelling unit or see exception in EMC
Group housing (Category 3), including independent
19.34.050(D)
living units in congregate care facility, convalescent
Congregate care, nursing home, etc. where people
or nursing homes
are assisted with daily activities:
1 for each four (4) beds
As determined by planning director and city
engineer, with no less than a minimum of 1 per 4
bedrooms, plus 1 per every 2 employees on shift (2
spaces minimum). When allowed to be less than
Supportive housing
required for multiple family housing, must be
located within 1,320 feet walking distance of public
transit stop, with pedestrian access on sidewalk or
safe walking path.
1 per unit, plus 1 additional space for any unit with
Live/work unit
1,500+ square feet of gross floor area
Manufactured home parks 2 per dwelling unit
Senior housing, including independent living units
in congregate care facility, convalescent or nursing 0.75 per dwelling unit
homes
2 per unit for single-family (attached or detached)
Short-term rentals Multiple-family units: per Section 34.025See EMC
19.08.150
Spaces per square feet of gross floor area of
COMMERCIAL USES
building unless otherwise indicated
Auto, small truck, boat, motorcycle, RV
1 per 750 square feet
maintenance
1 per 6,000 square feet (not including office)
Commercial storage
- loading lanes may be included as required parking
(e.g., ministorage, self-storage)
spaces if not left unattended
Whichever is greater:
1 for each 10 children or
Day care center, commercial
2 for each 3 employees on shift; in addition,
1 vehicle loading space for each 20 children
Entertainment
1 per 5 seats or 1 per 400 square feet, whichever is
(e.g., theaters, clubs, and other completely
greater
enclosed amusement uses)
Food or beverage establishment 1 per 200 square feet
Health club or athletic facility 1 per 300 square feet
Lodging (Hhotels/motels) 1 per guest room
Medical office and clinics, including:
- medical and dental offices, clinics, alternative 1 per 300 square feet
health care
Office use, including:
1 per 400 square feet
- general office; laboratories; financial institutions
Outdoor recreation, commercial
engineer based on parking analysis
Retail trade and services, bulky merchandise
1 per 1,000 square feet
(appliance, furniture)
Retail trade and services, general trade 1 per 400 square feet
Retail trade and services, outdoor including:
- auto, boat or trailer sales, retail nurseries, 1 per 1,000 square feet
lumberyards, and similar bulk retail uses
PUBLIC AND INSTITUTIONAL USES
1 per 3 persons allowed by building and/or fire
codes in the main assembly room or auditorium,
Clubs, lodges, similar uses
plus any parking necessary for eating, drinking
establishment on premises
Community and regional parks and recreational As determined by planning director and city
facilities engineer based on parking analysis
Government
- limited point of service (e.g., public works yards,
fire station, vehicle storage, etc.)
Government As determined by planning director and city
- administrative and service engineer based on parking analysis
Hospitals
Neighborhood parks and recreational facilities
Places of worship or religious facility 1 per 5 seats in the main worship area
Schools (public and private)
- elementary and middle, high schools, and
engineer based on parking and traffic analysis
institutions of higher education
INDUSTRIAL
1 per 1,000 square feet, plus parking for office as
Heavy industrial, manufacturing, or assembly
required
1 per 750 square feet, plus parking for office as
Light industrial, manufacturing, or assembly
required
1 per 2,000 square feet, plus parking for office as
Warehousing and distribution
required
* See exceptions and reductions in Section 34.050 or 34.060.
19.34.025 Multifamily off-street parking requirements and reductions.

A. Multifamily Off-Street Parking Requirements. The following off-street parking requirements apply to
multifamily residential development. See Map 34-1 for Metro Everett parking area designations.
Table 34-2: Multifamily Off-Street Parking Requirements

Metro Everett Parking
Areas
(See Map 34-1)
Spaces per Dwelling
Outside Metro
Unit
Off-street Parking by Unit Everett Spaces per
(Bedroom) Size: Area A Area B Dwelling Unit
Studio 0.85 1.00 1.00
1-bedroom 1.00 1.00 1.00
2-bedroom 1.20 1.40 1.50
3- or more bedrooms 1.60 1.90 2.00
B. Multifamily Off-Street Parking Reduction Options. Multifamily residential development may reduce required
off-street parking based on one of three options shown below. These options cannot be used in combination;
only one option can be used. A transportation demand management (TDM) plan (Section 19.34.080) is
required for use of any option. For the purpose of this section, “additional reduction factor” is the total
number of parking stalls required after a reduction credit is applied. For example, 100 stalls required with a
reduction factor of 0.75 means that 75 stalls would be required with the reduction factor applied. The credit in
this case would be 25 parking stalls.
Table 34-3: Multifamily Parking Reduction, Option A (Resident Characteristics)

Resident Characteristic: Additional Reduction Factor
Extremely low-income (30% AMI or 0.50
below)
Low-income (60% AMI* or below) 0.65
* AMI means “area median income” for Snohomish County. Use of this option requires the developer to record a
covenant that prohibits use of the property for any purpose other than what was approved unless additional
parking is provided.
Table 34-4: Multifamily Parking Reduction, Option B (Transportation Characteristics)
Transportation Alternatives: Additional Reduction Factor
On Access to frequent transit
0.75
routeservice* (3 trips per hour**)
Transportation demand
0.90
management plan approved by city
* “On Access to frequent transit routeservice” means the building entrance is within one-quarter mile walking
distance of a transit stop, except senior housing which must be within five hundred feet walking distance of a
transit stop, with the level of frequency noted.
** Frequency of service per hour is calculated between six a.m. and seven p.m. during the work week (Monday
through Friday) and is based on scheduled service, not actual performance. Trip counts are one direction.
Table 34-5: Multifamily Parking Reduction, Option C (Development Characteristics)
Transportation Alternatives: Additional Reduction Factor

Shared parking in a mixed-use
building where at least 50% of
0.50*
the gross floor area is
nonresidential
* This option may only be used where the nonresidential development provides off-street parking consistent with
Table 34-1.
How to calculate multifamily off-street parking reductions:

Example 1:
A 20-unit apartment, all with 1 bedroom, in Metro Everett would require 20 parking
spaces. If these spaces are restricted to very low-income residents, then only 10 parking
spaces would be required if Option A were chosen.
20 units @ 1 space per unit x 0.50 reduction factor = 10 spaces
Example 2:
The same 20-unit apartment is proposed, but without any income restrictions.
However, the apartment is located on a Swift route with frequent transit service. In
this scenario, 15 parking spaces would be required.
20 units @ 1 space per unit x 0.75 reduction factor = 15 spaces
19.34.040 Off-street parking requirements, general provisions.

A. Off-Street Parking Calculations Where Uses Not Specified. If the proposed use is not shown in Table 34-1, the
planning director, in consultation with the city engineer, may use one of the following options to determine
requirements for off-street parking:
1. Where a use is similar in nature and off-street parking demand to the proposed use, the minimum parking
spaces for that similar use may be used.
2. Where there is not any use that is similar in nature, the following minimum off-street parking
requirements will be used:
a. Nonresidential uses: one parking space per five hundred square feet of gross floor area.
b. Residential uses: one parking space per one thousand square feet of gross floor area.
B. Off-Street Parking Calculations on Sites with Combination of Uses. The requirement for different uses on the
same site, or a combination of uses within one building or tenant space, shall be the sum of all requirements
for the individual uses reduced by any applicable joint or shared parking provisions. See Section 34.060.B for
reductions for mixed-use projects.
C. What Can Be Considered as Off-Street Parking. Off-street parking spaces may include spaces in garages,
carports, parking lots, and/or driveways if vehicles are not parked in a vehicle travel lane or a required front
setback; provided, that for single-family detached dwellings, duplexes and accessory dwelling units (ADUs),
off-street parking is allowed in the front setback on a driveway that meets the standards of this title. Off-street
parking for electric vehicles may be included in parking required by this chapter. Refer to the International
Building Code for requirements on electric vehicle charging infrastructure.
D. Off-Street Parking Must Be Maintained. Off-street parking spaces must be retained in the amount required at
the time of development approval, except that existing off-street parking, which exceeds current
requirements, may be removed if the quantity of parking is not reduced below the current requirements for
use on the site, or through shared parking agreements, if any.
E. How Fractions Are Addressed. If the formula for determining the number of off-street parking spaces results in
a fraction, the number of off-street parking spaces shall be rounded to the nearest whole number with
fractions of 0.50 or greater rounding up and fractions below 0.50 rounding down.
F. Use of common parking areas. Required off-street parking spaces may be provided in an area owned and
maintained in common by a homeowners’ association or other entity. Parking spaces located in a common
area shall be available to customers, guests and invitees of residents, and shall not be reserved for any specific
tenant or dwelling unit.
19.34.050 Exceptions to off-street parking space requirements.

A. Nonresidential Parking in Metro Everett. To reduce reliance on single-occupant vehicles in Metro Everett, two
off-street parking areas are set forth in Map 34-1. Nonresidential development within these areas have
reduced off-street requirements as follows (see Section 19.34.025 for multifamily parking reductions):
1. Parking Area A.
a. Nonresidential uses are not required to provide off-street parking, with the exception of government
offices, which shall either meet the requirement for off-street parking for government, or provide a
parking management study and plan for approval of the planning director and city engineer.
b. Any development not required to provide off-street parking may be required to install bicycle
facilities as set forth in Section 19.34.030.
c. Any nonresidential development with five thousand square feet of gross floor area or more, and
which does not provide off-street parking based on the standards in Table 34-1, will be required to
submit a transportation demand management plan for approval of the city engineer as set forth in
Section 19.34.080.
2. Parking Area B. At the discretion of the city engineer, required off-street parking for nonresidential uses
may be reduced up to twenty-five percent from the requirements set forth in Table 34-1. The reduction
may be granted upon approval of a transportation demand management plan (see Section 19.34.080),
together with a finding that the off-street parking reduction will not cause a significant adverse impact on
adjoining neighbors, residents or business.
B. Historic Buildings and Sites. Structures and sites that are individually listed on the Everett register of historic
places shall be exempt from all parking quantity requirements.
C. Accessory Dwelling Units. The requirement for one off-street parking space for an accessory dwelling unit
(ADU) may be waived by the planning director, when all of the following circumstances apply:
1. The property is not located in a residential parking permit zone (Chapter 46.30); and
2. The property has frontage on a public street; and
3. There are at least two on-street parking spaces in front of the subject property; and
4. There is a public transit stop located within one-quarter mile walking distance of the property with a safe
walking path to the transit stop.
D. Housing for Seniors or People with Disabilities. Any housing units that are specifically for seniors or people
with disabilities, that are located within ¼ mile of a transit stop that receives transit service at least 4 times per
hour for 12 or more hours per day, are not required to provide off-street parking for the units, provided,
however, that off-street parking for staff and visitors will be required as determined by city engineer and
planning director based on a parking analysis.
ED. Metro Everett Off-Street Parking Areas (Map).
Map 34-1: Metro Everett Off-Street Parking Areas
19.34.080 Transportation demand management.

A. When a Transportation Demand Management (TDM) Plan Is Required.
1. A TDM plan must be prepared for the following development projects:
a. A TDM plan is required for new construction of a principal building in excess of fifty thousand square
feet of gross floor area.
b. A TDM plan is required for substantial renovation of a principal building with a gross floor area of at
least fifty thousand square feet and involving a change of use.
c. A TDM plan is required for any development with an exception or reduction of parking allowed
pursuant to Section 19.34.050 or 19.34.060.
d. A TDM plan is not required for single-, duplex- or triplex-dwelling units.
2. A TDM plan must be reviewed and approved, approved with modifications, or disapproved by the city
engineer or designee. A preliminary TDM plan shall be submitted before a building permit is approved.
TDM plans may be written in two steps:
a. Preliminary TDM Plan. When a TDM plan is required, a preliminary plan must be submitted along
with the development application. The TDM plan should include the requirements outlined in
subsections B, C and D of this section. If a preliminary TDM plan is submitted and approved by the
city engineer or designee, then a final TDM plan is not required until a building permitcertificate of
occupancy is issuedrequested.
b. Final TDM Plan. A final TDM plan meeting the requirements outlined in subsections B, C and D of this
section is required before a building permitcertificate of occupancy may be issuedgranted. The TDM
plan must be approved by the city engineer or designee.
3. A building permit or land use approval shall not be granted until a final TDM plan meeting the
requirements outlined in sections B, C and D of this section is approved by the city engineer or designee,
and a covenant approved by the planning director requiring compliance with the approved TDM plan is
recorded by the applicant. The covenant shall include enforcement mechanism(s), which may include, but
is not limited to, enforcement pursuant to Chapter 1.20, injunctive relief, monetary penalties, and loss of
units available for rental.
B. What Is Required in a TDM Plan.
1. A TDM plan must be consistent with a TDM guide established by the city engineer.
2. A TDM plan must be prepared by a qualified professional with demonstrated experience in transportation
planning, traffic engineering, or comparable field, unless otherwise allowed by the city engineer.
3. A TDM plan must determine:
a. The anticipated travel demand for the project.
b. How the anticipated travel demand for the project will be met on site or off site, including:
(1) Number of on-street vehicle parking spaces, off-street vehicle parking spaces, or shared vehicle
parking arrangements.
(2) Number of short-term and long-term bicycle parking spaces.
(3) Accommodations for pedestrians, cyclists, motorists, transit riders, and the mobility-impaired.
c. The strategies that will be employed to reduce single-occupancy vehicle trips, reduce vehicle miles
travelled by site users, and promote transportation alternatives such as walking, cycling, ridesharing,
and transit.
d. The modal share objectives that will be sought from the implementation of TDM strategies.
4. A TDM plan must include ways to ensure ongoing compliance and enforcement of approved TDM
strategies.
5. Fees as required to review and approve the TDM plan, and annual fees to monitor the implementation of
the TDM plan, as required by the city.
C. TDM Strategies. TDM strategies may include, but are not limited to, the following:
1. Walking, cycling, ridesharing, and transit promotion and education.
2. Parking cash-out programs or unbundled parking/market rate pricing.
3. Shared parking arrangements.
4. Enhanced bicycle parking and services (above the minimum required).
5. Support for car share and bike share services and facilities.
6. Carpooling or vanpooling programs or benefits.
7. Free or subsidized transit passes, transit-to-work shuttles, or enhanced transit facilities (such as bus
shelters).
8. Guaranteed ride home (GRH) programs.
9. Provision for alternative work schedules (i.e., flextime, compressed work week, staggered shifts,
telecommuting).
10. Promotion of “live near your work” programs.
11. Roadway improvements adjacent to the site that will help encourage transportation alternatives.
12. Designation of an on-site employee and/or resident transportation coordinator.
13. Membership in a transportation management association (TMA).
D. TDM Performance Standards. In making its decision, the city engineer must make written findings of fact on
the following matters:
1. The project includes performance objectives to minimize single-occupancy vehicle trips and maximize the
utilization of transportation alternatives to the extent practicable, taking into account the opportunities
and constraints of the site and the nature of the development.
2. The project must meet the anticipated transportation demand without placing an unreasonable burden
on public infrastructure, such as transit and on-street parking facilities, and the surrounding
neighborhood.
3. The TDM plan includes ways to ensure ongoing compliance to reduce transportation impacts.
19.34.100 Location of off-street parking.

A. Parking Location—General Requirements for Residential Uses.
1. Required off-street parking for residential uses shall be provided on the same lot as the dwelling it is
required to serve.
2. Parking may only be located on a paved surface that meets the city’s design standards, or as allowed
under this section.
23. Parking may not be located within required setbacks, except as allowed under EMC 19.34.110(C) and
below, with the following exceptions:
a. Single-Family (1-unit dwelling) or Duplex2-unit dwelling. Parking may be located within the front or
street side setbacks on a driveway that meets city design standards or within the rear or interior side
setbacks. This exception does not apply to:
(1) Easement access lots;
(2) Historic overlay zones, if applicable; or
(3) The front setback for alley access lots, except as allowed under EMC 19.34.110(B).
b. Multiple-Family. Parking may be located within the rear setbacks in the following circumstances:
(1) Within the rear setback when access is from an alley;
(2). Within the rear setback when (A) meeting outdoor and common area requirements (EMC 19.09);
(B) when meeting landscaping and screening requirements (EMC 19.35); and (C) when not
abutting a single-family (R-S, R-1, R-2, R-2(A)) zone.
(3) PWhen parking which is located below grade may be located within any required setback if
situated completely below grade, and the required landscaping can be provided on top of the
below-grade parking structure.
3. Private access drives. Parking on any private access drive shall be prohibited except when authorized
through a land division or other land use permit. Off-street parking may be located adjacent to an
approved access drive outside of the minimum required dimensions of the access drive. Where
applicable, the homeowners’ association shall be responsible for enforcing this requirement.
4. Multiple-Family Standards. Off-street parking areas shall not be located closer to the public street than
the building located closest to the street.
5. Historic Overlay. Off-street parking in an historic overlay zone shall not be located closer to the public
street than the building located closest to the street unless approved by the planning director due to
street topography which precludes other placement.
6. Modification of Standards. Parking location standards may be modified with Review Process II described
in EMC Title 15, Local Project Review Procedures.
B. Parking Location—General Requirements for Nonresidential Uses.
1. Parking, except as otherwise allowed for automobile, light truck or RV sales or rental, shall not be located
within a required building setback, required landscape area or open space.
2. For nonresidential uses, required off-street parking shall be located on property within five hundred feet
of the building or use which it is required to serve. This distance shall be measured along the access route.
The property upon which the off-street parking is provided shall be located in the same zone as, or a zone
which allows, the use for which the parking is required.
3. Separation of Surface Parking Lots from Public Right-of-Way.
a. Surface parking lots shall not be located between buildings and Broadway or Evergreen Way.
b. For all other streets, surface parking lots shall be set back either ten feet from the public sidewalk, or
five feet from the property line, whichever is greater., except where a greater distance is necessary
for landscaping of parking lots required by The intent of this requirement is to provide a minimum 10
foot landscape separation between surface parking lots and public streets in accordance with Chapter
19.35.
c. There shall be no setback required from a public alley.
4. Surface parking lots shall be set back from interior lot lines consistent to meet the landscaping and
screening requirements of Chapter 19.35.
5. Parking may only be located on a paved surface that meets the city’s design standards, or as allowed
under this section.
56. Marijuana retailers shall comply with the parking location requirements set forth in Section EMC
19.39.14519.13.160.
C. Parking Location Requirements, Metro Everett.
1. Separation of Surface Parking from Public Right-of-Way. All surface parking lots within Metro Everett shall
have a minimum front setback of forty feet. For corner lots, the minimum setback from a street side lot
line shall be five feet. Exception: within the ULI—urban Llight Iindustrial 1 zone, the minimum front
setback for surface parking shall be ten fifteen (15) feet. Where surface parking is provided, it shall be
separated from any public sidewalk by a minimum of five feet to allow Sscreening/landscaping must be in
accordance with Chapter 19.35.
2. There shall be no setbacks required for rear and side interior lot lines unless otherwise necessary to
accommodate landscaping/screening in accordance with Chapter 35.
3. Nonresidential Uses. Parking for nonresidential uses in Metro Everett shall be located within one
thousand feet of the use for which it is required, measured along the access route.
D. Parking Location—Alley Requirements for Multifamily and Nonresidential. Structured parking garages
accessed from the rear with no internal turnaround shall be set back at least twenty-five feet from the far side
of the alley, except as otherwise approved by city engineer.
19.34.110 Vehicular access to off-street parking—Alleys and driveways.

A. Alleys. Access to off-street parking areas shall be provided from the alley where available. The intent of this
requirement is to:
1. Enhance the safety of parking areas;
2. Minimize potential conflicts between vehicles and pedestrians;
3. Efficiently manage traffic in off-street parking areas;
4. Reduce visual impacts on surrounding properties and improve streetscape appearance.
B. Alley Access Exception. Access from the public street where the lot abuts an alley will only be allowed as an
exception to the alley access requirement. The city engineer, in consultation with the planning director, may
allow access from the street in lieu of, or in addition to, using the alley in the following circumstances:
1. The topography of the site and/or adjacent alley makes use of the alley infeasible; or
2. The requirement for access from the alley would create a traffic or pedestrian safety hazard, such as sight
distance problems or conflicts with other ingress/egress locations; or
3. There is an existing improvement that prevents use of the alley for vehicular access; or
4. For nonresidential or mixed uses, driveway access from the street is necessary to provide access for
commercial customer traffic; this exception may not be used to justify a street access point that primarily
provides access to employee or resident parking areas; or
5. Providing access from the street will reduce or minimize adverse impacts on adjacent properties; or
6. Street access for multiple levels of off-street parking within a structure when access from an alley to all
parking levels is not feasible.
C. Driveways. The design of all driveways and internal vehicle circulation shall be in accordance with Title 13 and
the city design standards. Maximum driveway width within the public right-of-way shall be as provided in
Chapter 13.16. For residential zones, the following additional requirements shall apply to the portion of the
driveway located outside the right-of-way:
1. For non-alley access lots, the maximum driveway width within the front or street side setback shall not
exceed thirty feet, or fifty percent of the lot frontage width, whichever is less. However, a minimum
driveway width of ten feet will be allowed in all cases.
2. Sidewalk Design/Driveways. Where new driveways and/or sidewalks are installed within the public right-
of-way, the sidewalk pattern shall carry across the driveway.
19.34.120 Parking area design and construction.

A. Parking Design Specifications. The minimum requirements for parking stall and aisle dimensions, striping,
pavement thickness and subgrade shall be as set forth in the city design standards.
B. Surfacing.
1. All parking areas shall consist of durable surface materials approved by the planning director and city
engineer. Depending upon site and soil conditions, low impact development (LID) storm water
management facilities are encouraged, and may be required by the city’s storm water management
manual.
2. Exception. For single-family and duplex uses, nonrequired parking that is located outside of the front and
street side setbacks areas may use surface materials in accordance with city design standards, provided,
however, that parking in the area between a street-facing façade and the street must be on a paved
surface as allowed by EMC 19.34.110(C).
C. Landscaping and Screening. Landscaping and screening for parking lots shall be in accordance with the
standards of Chapter 19.35. Parking of trucks or fleet vehicles is considered off-street parking for the purposes
of calculating the parking lot interior landscaping required by Chapter 19.35.
D. Tandem Parking. Tandem parking for parking spaces serving the same dwelling unit may be used if the parking
is located within the rear setback area and gains access from an abutting alley, or when one of the parking
spaces is located within a private garage, and the other is located in the driveway providing access to the
parking space within the private garage. Except for developments in which tandem spaces are located within
the rear setback area and gain access from an abutting alley, not more than fifty percent of parking spaces
within a multiple-family development may be placed within a tandem configuration. In residential zones (R-S,
R-1, R-2, R-2(A), UR3 and UR4), no more than two required parking spaces serving the same dwelling unit may
be parked in tandem. See Figure 3 for illustration.
Figure 3: Tandem Parking*
* The figure above illustrates a situation where a dwelling (e.g. dwelling with an ADU) has three (3) off-street parking
spaces required, of which only 1 can be in tandem. If only two (2) off-street parking spaces are required, the figure on the
right would be allowed because the third space would not be a required off-street parking space.
E. Accessible Parking. Accessible parking stalls shall meet the requirements of Washington State Regulations for
Barrier Free Facilities (Chapter 51-50 WAC).
F. Parking Area Illumination. All surface parking areas for multiple-family and nonresidential uses shall provide
illumination to improve site security and minimize light spill and glare impacts on adjacent properties. Parking
area illumination shall meet the following standards:
1. Parking area lighting fixtures shall be full cut-off (zero percent candlepower at ninety degrees horizontal
and ten percent maximum candlepower at eighty degrees from vertical), dark sky rated, and mounted no
more than thirty feet above the ground, with lower fixtures preferable so as to maintain a human scale.
2. All fixtures over fifteen feet in height shall be fitted with a full cut-off luminaire.
3. Figure 34. Acceptable and unacceptable parking area lighting.
Figure 34: Parking Area Illumination
4.Except within industrial zones, pedestrian-scaled lighting (light fixtures no taller than fifteen feet) is
encouraged in areas of pedestrian activity.
5. Lighting must not trespass onto adjacent private parcels. All building-mounted lights shall be directed
onto the building itself and/or the ground immediately adjacent to it. The light emissions shall not be
visible above the roof line of the building.
G. Maintenance.
1. All off-street parking spaces shall be maintained to the design standard as shown on approved permit
documents. Such spaces shall not be used at any time or in any manner that precludes use for off-street
parking of operable motor vehicles regularly used by occupants, employees, guests or customers.
2. Where parking is owned in common (e.g., by a Homeowners’ Association), the covenants shall clearly
indicate which parties are responsible for parking facility maintenance.
19.34.130 Drive-through facilities.

See EMC 19.13.095 for standards and restrictions for drive-through service windows, order placing stations and
holding lands.
A. Standards for Service Windows, Order Placing Stations and Holding Lanes. All businesses with drive-up service
windows shall meet the following standards:
1. Drive-through facilities, where permitted, including vehicle holding lanes, shall not be located closer to
the public street than the building located closest to the street. (See Figure 4.)
2. Holding lanes shall be designed and located so as to not obstruct off-street parking areas, loading areas or
pedestrian movement on the lot or adjoining lots.
3. Drive-up order stations and holding areas shall not be located within a required setback or landscape
area.
4. Drive-up service windows shall not be located less than fifty feet from lots located in residential zones.
5. Drive-up order placing stations shall be located not less than one hundred feet from lots located in
residential zones.
6. For restaurants, there shall be one outdoor waste receptacle provided for each eight parking spaces.
Figure 4: Drive-up Facilities
B. Vehicle Holding and Stacking. Vehicle holding and stacking for all drive-up service lanes shall be provided
in accordance with the city design standards.
19.34.140 Pedestrian access.

Design of pedestrian facilities through parking areas shall be in accordance with EMC 19.33 and the city design
standards.
19.34.150 Off-street loading requirements.

A. Nonresidential Truck Loading and Unloading Berths. Every nonresidential building hereafter constructed or
altered that is engaged in retail, manufacturing, wholesale or storage activities, excluding self-service storage
facilities, which requires delivery of merchandise or materials by trucks shall provide truck loading and
unloading berths according to city design standards, except in Metro Everett. All loading areas shall be
separated from required parking areas and shall be designated for truck loading space.
B. Hotel, Office, Restaurant, or Assembly Truck Loading and Unloading Berths. Every hotel, office building,
restaurant, assembly structure or similar use shall provide truck loading and unloading berths according to the
following standards, except in Metro Everett or when such use is being reviewed using a review process which
involves either the hearing examiner or city council as set forth in Title 15, Local Project Review Procedures.
C. Truck Loading and Unloading for Other Uses. The city engineer is authorized to require loading space as
necessary to provide for the safe and efficient delivery of merchandise or materials to the following uses:
1. Uses with a smaller floor area than the minimum listed in the city design standards;
2. Uses in Metro Everett; or
3. Uses being reviewed using the hearing examiner review process as set forth in Title 15, Local Project
Review Procedures.
The city engineer shall have the authority to require measures or improvements that will ensure that the
specific uses within the building are protected from unsafe conditions resulting from truck loading and
unloading and required off-street parking areas and public right-of-way.
D. Modification of Off-Street Loading Requirements. The requirements of subsections A and B of this section may
be modified by the city engineer. In order to grant a modification to the requirement of subsections A or B of
this section, the city engineer shall require the applicant to provide sufficient information to demonstrate that
the method of providing loading/unloading for a particular use, building or site will be sufficient to assure that
required off-street parking areas, public right-of-way and surrounding properties are protected from unsafe
conditions resulting from truck loading and/or unloading. The city engineer is not authorized to allow the
loading and/or unloading of trucks to occur on public streets except on a nonrecurring basis as approved
through the temporary street use permit process. The use of alley right-of-way for the loading and/or
unloading of trucks is allowed without permit.
E. Truck Loading in Building Setback Areas. Truck loading areas shall not be located within required building
setbacks. Where loading berths are located within one hundred feet of areas zoned for residential use, the
applicant shall provide measures necessary to reduce noise and visual impacts from the commercial area.
Noise mitigation measures may include architectural or structural barriers, berms, walls or a restriction on the
hours of operation, if necessary to meet the requirements of the city’s noise ordinance.
F. Truck Loading and Maneuvering in Manufacturing Zones. Within manufacturing industrial zones (M-M, M-1,
M-2, M-S), truck loading and maneuvering areas shall not be located within one hundred thirty feet of areas
zoned for residential use. Truck loading/unloading shall not be permitted on streets. Truck loading operations
and maneuvering areas shall not be permitted to occupy an area exceeding fifty percent of the total linear
dimensions of the building perimeter.
19.34.200 Modification of required off-street parking spaces, location and driveway width standards.
An applicant may propose and the planning director, using the review process described in EMC Title 15, Local
Project Review Procedures, may allow an applicant to deviate from the following standards of this chapter,
provided the proposal satisfies the evaluation . For the standards which may be modified, and the criteria in EMC
15.03:used for consideration of a request, please see Section 19.20.900.
A. Reduction of off-street parking required by Table 34-1 or 34-2, or for an accessory dwelling unit;
B. Location of off-street parking;
C. Vehicular access to off-street parking, alleys and driveways;
D. Parking area design and construction;
E. Standards for drive-through facilities; or
F. Off-street loading requirements.
EXHIBIT 7
highlighted are proposed additions. For a summary of the effect of the changes to Title 19, please visit the Rethink
Zoning Library at https://everettwa.gov/2453/Rethink-Zoning-Library.
Amend Chapter 19.35

Landscaping
Table of Contents
AMEND CHAPTER 19.35 LANDSCAPING .............................................................................................................. 1
19.35.010 USER GUIDE. .......................................................................................................................................... 1
19.35.020 PURPOSE............................................................................................................................................... 1
19.35.030 APPLICATION OF LANDSCAPING REQUIREMENTS. ........................................................................................... 2
19.35.040 LOCATION OF LANDSCAPING. ..................................................................................................................... 2
19.35.050 LANDSCAPING TYPE DEFINITIONS AND REQUIREMENTS (TYPES I—IV). ............................................................... 3
19.35.055 PLANT SPECIFICATIONS. ............................................................................................................................ 5
19.35.060 APPLICATION OF LANDSCAPE CATEGORIES AND TYPE (TABLES 35-1 AND 35-2). .................................................. 6
19.35.080 OUTDOOR DISPLAY AND OFF-STREET PARKING AREA LANDSCAPE REQUIREMENTS. ................................................ 8
19.35.090 SPECIAL LANDSCAPE REQUIREMENTS APPLICABLE TO RESIDENTIAL ZONES. ......................................................... 11
19.35.100 LANDSCAPE REQUIREMENTS FOR LAND DIVISIONS. ....................................................................................... 12
19.35.110 ADDITIONAL LANDSCAPING REQUIREMENTS IN THE LI2 AND HI ZONES. ............................................................ 12
19.35.120 LANDSCAPING ADJACENT TO FREEWAYS. .................................................................................................... 13
19.35.130 ADDITIONAL LANDSCAPING REQUIREMENTS AND DESIGN STANDARDS. ............................................................. 13
19.35.140 LANDSCAPE PLAN REQUIREMENTS. ........................................................................................................... 14
19.35.150 IRRIGATION PLAN REQUIREMENTS. ........................................................................................................... 15
19.35.160 LANDSCAPING INSTALLATION AND PERFORMANCE ASSURANCE REQUIREMENTS.................................................. 15
19.35.170 LANDSCAPE MAINTENANCE AND MAINTENANCE ASSURANCE REQUIREMENTS. ................................................... 16
19.35.180 LANDSCAPE ENFORCEMENT. .................................................................................................................... 16
19.35.190 ADMINISTRATIVE MODIFICATION OF LANDSCAPING REQUIREMENTS. ............................................................... 16

Chapter 19.06, Table 35-16.1, Landscape Categories for Use ZonesDevelopment Standards Table, contains the
landscape category for each zone. This landscape category is either A, B, C, D or E. This chapter establishes the
requirements for each landscape category. It also establishes minimum buffers between certain uses, and provides
a method for modification of the requirements of this chapter. Certain zones include special landscaping
regulations that are in addition to or exceptions from the standards in this chapter. Table 35-26.1 identifies when
special regulations may apply.
19.35.020 Purpose.
The purpose of this chapter is to enhance compatibility between land uses and zones; screen undesirable views
which have a blighting effect upon adjoining streets and properties; provide a visual buffer and physical separation
between land uses of varying intensities on abutting properties; minimize the impacts of noise, light and glare;
temper the extremes of microclimates; provide privacy; reduce dust; reduce the visual monotony of large
expanses of paved parking lots; implement the policies of the Everett general plan; reduce storm water runoff and
pollution of surface waters, reduce erosion and sedimentation; conserve energy; aid in regulating vehicle
Ch. 19.35, Landscaping 1 Planning Commission Recommendation (09/08/20)

circulation; and retain existing natural vegetation and protect and preserve urban wildlife habitat to the extent
feasible.
19.35.030 Application of landscaping requirements.

The planning department shall review and may approve, disapprove or approve with modification all
site/landscape plans for all uses and developments which are required to provide landscaping in accordance with
the requirements of individual zones and the provisions of this chapter. No permit for use which is subject to the
requirements of this section shall be issued until the landscape plan for such use has been approved by the
planning department. This chapter shall apply under the following circumstances:
A. New Development. All new uses shall provide landscaping in accordance with the requirements of this chapter
when the use-standards table indicates a particular landscape category applies to that use, or when a
particular landscape category and/or additional specific landscaping requirements are imposed as part of a
discretionary permit review process.
B. Expansions of or Alterations to Existing Uses. The requirements of this section shall apply to remodeling or
expansion of existing uses when the value of the new construction or alteration occurring within a two-year
period is equal to or greater than thirty-five percent of the assessed value of the existing
structureimprovements. Where conformance with this section would create a nonconformity of parking
standards or would conflict with the location of existing buildings on the lot, the planning director shall
determine how the code is to be applied (see also Section 38.070.A). Where a nonconformity with parking
standards will be created, the planning director should consult with the city traffic engineer. In determining
how to apply the landscaping requirements in such circumstances, the planning director may allow
landscaping to be clustered on portions of the site visible from adjacent streets and shall use the following
criteria in deciding which of the landscaping requirements to adjust, listed in the order of highest importance:
1. Compliance with street frontage landscaping standards;
2. Compliance with perimeter landscaping standards;
3. Compliance with internal area of parking lot standards;
4. Compliance with other landscaping standards of this title.
C. Change of Use or Occupancy. When the use of a building or lot changes to another use which does not involve
expansion or remodeling as provided in subsection B of this section, such use need not provide additional
landscaping except under the following circumstances:
1. Additional off-street parking is required, in which case the landscaping required by Section 19.35.080 shall
be required for all new parking spaces or parking facilities provided.
2. The use is subject to a review process in which the review authority has discretionary authority as set
forth in Title 15, Local Project Review Procedures, in which case the review authority shall establish the
minimum landscape requirements for the specific use.
3. New uses, storage or other activities which take place outdoors are to occur, in which case the
requirements of EMC 19.39.05041.100 shall apply.
4. The previous use did not comply with the requirements of the landscaping regulations in effect at the
time it was established, in which case the new use shall comply with such requirements in effect at the
time of establishment of the previous use. If the location of existing buildings prevents conformance with
the requirements of this chapter, the planning director shall determine how the code is to be applied.
D. Difference of Standards. Where there is a difference in the standards listed in this chapter and the specific
requirements listed in individual zones, the more substantial requirements shall be required. The planning
director may permit alternative landscaping, as provided in Section 19.35.190070, when the overall site
development plan proposed provides equivalent or better results than required by this title.
E. All uses subject to the requirements of this section shall also be designed in accordance with Section
19.39.165 for transportation compatibility, excluding the exceptions listed in Section 19.39.165
19.35.040 Location of landscaping.

Landscaping shall be located where indicated by Table 35-21. Where required landscape width exceeds the
required setback, the landscape width may be reduced to the minimum setback width if the landscape type is
increased to the next higher standard (e.g., Type III to Type II), except that where Type III landscaping is required
along street frontages, it need not be increased to Type II landscape standards.
19.35.050 Landscaping type definitions and requirements (Types I—IV).

A. Type I: Visual Screen. Type I landscaping is intended to provide a very dense sight barrier to significantly
separate uses and zoning districts. It shall generally consist of a mix of predominantly evergreen plantings
including living trees, shrubs and ground covers. The choice and spacing of plantings shall be such that they
will form a dense hedge sufficient to obscure sight through the screen within three years after planting.
Where a sight obscuring fence is required, chain-link fencing with slats shall not be considered to be sight-
obscuring. Type I landscaping shall consist of the following:
1. AeEvergreen trees planted along the entire length of the required buffer at intervals no greater than
twenty feet on center. Trees shall be chosen and spaced so as to form an effective visual screen which
creates a solid sight-obscuring barrier within three years of planting. Trees shall be a minimum of six feet
high at the time of planting.
Trees to be planted under overhead electric power lines shall be species recommended in Snohomish
County PUD No. 1’s Tree Book, Puget Sound Energy’s Energy Landscaping or an alternative approved by
2. When a nonresidential use abuts a residential use in a residential zone and Type I landscaping is required
between uses,TType I landscaping shall include a solid wood fence or masonry wall, or combination of
wood and masonry, six feet in height and located along the property line between the residential and
nonresidential use.
3. The entire width of the required buffer shall be landscaped. The remaining area which is not planted with
the sight-obscuring barrier shall be planted with shrubs and ground cover. Shrubs shall be at least two-
gallon size and a minimum of eighteen inches high at the time of planting. Shrubs and ground cover shall
be planted to attain a coverage of ninety percent of the planting area within three years.
4. Lawns and other ground covers may be used to cover up to seventy-five percent of the landscape area
which is not used for the sight-obscuring barrier.
B. Type II: See-Through Buffer. Type II landscaping is intended to create a visual separation between uses and
zones. Type II landscaping shall consist of:
1. A mix of evergreen and deciduous trees, with no more than thirty percent being deciduous, and planted
at intervals no greater than twenty feet on center. Required deciduous trees shall be at least two and
one-half inches caliper at the time of planting. Evergreen trees shall be at least six feet tall at time of
planting.
2. A mix of evergreen and deciduous shrubs, with not more than thirty percent being deciduous, at least
two-gallon size and a minimum of eighteen inches high at the time of planting, planted at a density of five
per one hundred square feet of planting area, together with other living ground cover planted to attain a
coverage of ninety percent within three years of planting.
County PUD No. l’s Tree Book, Puget Sound Energy’s Energy Landscaping or an alternative approved by
the planning director. If the species planted is expected to be less than twenty feet high at maturity, the
planning director may require that additional trees be planted.
C. Type III: Ornamental Effects Landscaping. Type III landscaping is intended to provide a visual separation of
uses from streets, and visual separation of compatible uses so as to soften the appearance of the
development from public streets and soften the appearance of parking areas, buildings, and other
improvements. Type III landscaping shall consist of:

1. Canopy-type broadleaf deciduous trees or spreading evergreen trees planted in wells or strips with a mix
of living evergreen and deciduous ground covers and low shrubs. Up to one hundred percent of the trees
may be deciduous. Deciduous trees shall have a minimum caliper of two and one-half inches at the time
of planting. Evergreen trees shall have a minimum height of six feet at time of planting. Trees shall be
spaced at intervals no greater than thirty feet on center.
Trees planted in Type III landscaped areas along street frontages must have a minimum spread of ten feet
and a minimum height of twenty feet at maturity, unless a lower height is required under power lines.
the planning director. If the species planted is expected to be less than twenty feet high at maturity, the
planning director may require that additional trees be planted. Trees that do not meet these standards,
such as palm trees and Thuja occidentalis “emerald green,” may only be permitted for a portion of the
landscaping through the modification process in Section 35.070A.5 when the proposal includes superior
design quality, and increases the number of trees provided.
2. Shrubs and living ground cover shall be chosen and planted to attain a coverage of ninety percent within
three years of planting. Shrubs shall be a minimum of eighteen inches high at the time of planting and
shall be planted at a density of five shrubs per one hundred square feet of that portion of the landscape
area which is not planted in ground cover. Ground cover may be used for up to seventy-five percent of
the required ninety percent coverage.
3. Along interior lot lines where buildings on both sides of an interior lot line are five feet or less from the
property line, one of the following screening methods may be used rather than the standards in
subsections C.1 and 2 of this section:
a. Per recorded agreement with adjacent property owner, pProvide a low landscaped hedge at least
three feet wide between the building and the property line. The hedge shall include at least one
three-gallon shrub for every three lineal feet.
b. Provide a solid wood fence or masonry wall, or combination of wood and masonry, six feet in height
and located along the property line.
c. Other treatments that meet the intent of the standards as approved by the planning director. Lower
fencing and/or reduced or alternative landscaping treatments will require a recorded agreement with
applicable adjacent property owner(s).
Figure 35-1: Side yard options
D. Type IV: Soil Stabilizing Vegetation/Landscaping. Type IV landscaping is intended to provide soil stability,
prevent erosion and prevent sedimentation to off-site properties and improvements. Type IV landscaping shall
consist of lawn, other living ground cover, shrubs and trees with a root structure which stabilizes soil where
necessary to prevent erosion and sedimentation. Type IV landscaping may include other organic and/or
inorganic soil-stabilizing materials such as rockeries, retaining walls or other similar slope and soil stabilization
devices. A minimum of sixty percent of the required front setback fronting a public street and a required

street side setback shall be landscaped exclusive of any type of impervious surface or gravel or any other
similar material. If a permitted driveway or off-street parking area is within the setback, the required
landscaped area can be reduced to forty percent. Landscaping shall consist primarily of grass or other living
ground cover, shrubs, and/or trees.
19.35.055 Plant specifications.

Unless otherwise specified, the following standards shall apply to all areas which are required to be landscaped by
this chapter:
A. Trees. Trees to be planted under overhead electric power lines shall be species recommended in Snohomish
County PUD No. l’s Tree Book, Puget Sound Energy’s Energy Landscaping or an alternative approved by the
planning director. If the species planted is expected to be less than twenty feet high at maturity, the planning
director may require that additional trees be planted. Trees that do not meet these standards, such as palm
trees and Thuja occidentalis “emerald green,” may only be permitted for a portion of the landscaping through
the modification process in Section 35.190070A.5 when the proposal includes equal or better superiordesign
quality, and increases the number of trees provided.
The planning director may modify the size of street trees required by this title when trees must be located in
above ground planters due to the location of underground utilities or other underground features.
1. Required deciduous trees shall be at least two and one-half inches caliper at the time of planting. If the
species planted is expected to be less than twenty feet high at maturity, the planning director may require
that additional trees be planted.
The planning director may modify the size of street trees required by this title when trees must be located
in above ground planters due to the location of underground utilities or other underground features.
2. Required evergreen trees shall be at least six feet high at the time of planting. If the species planted is less
than twenty feet high at maturity, the planning director may require that additional trees be planted.
County PUD No. 1’s Tree Book, Puget Sound Energy’s Energy Landscaping, or an alternative approved by
the planning director. If the species planted is less than twenty feet high at maturity, the planning director
may require that additional trees be planted.
B. Shrubs. Required shrubs shall be at least two-gallon size and at least eighteen inches high at the time of
planting except if used for Type I landscaping.
C. Ground Covers.
1. Ground cover includes low-growing, living plant materials such as perennials, grass, low-growing shrubs,
and similar plants. For purposes of this title, chipped wood, bark, similar mulching materials or nonliving
artificial plant materials are not acceptable substitutes for required ground cover, except that in portions
of LID stormwater facilities that count toward required landscaping, no more than twenty-five percent of
the required ground cover may be in rock and mulch.
2. In order to accomplish ninety percent coverage of bare soil by ground cover within three years, spacing
for ground cover shall be as follows:
a. Two-and-one-half-inch pots: twelve inches on center;
b. Four-inch pots: eighteen inches on center;
c. One-gallon pots: twenty-four inches on center;
d. Alternative spacing of particular species may be approved by the city if documentation concerning
the effectiveness of the ground cover is submitted with the landscape plan.
D. Plant Materials, Size, Characteristics. All plant materials, sizes and characteristics shall be in accordance with
the current American Standards for Nursery Stock.

1. See the city’s recommended tree list for recommended species.
2. The use of plant species native to the Pacific Northwest is encouraged.
3. Species listed in Snohomish County’s noxious weeds lists (Classes A, B and C) are prohibited and shall be
eradicated or controlled when present. Invasive species such as English ivy cultivars “Baltica,” “California,”
“Pittsburgh,” and Star, Atlantic ivy, and Scotch broom shall not be planted.
4. See the city’s stormwater regulations for additional standards for plantings in stormwater facilities.
19.35.060 Application of landscape categories and type (Tables 35-1 and 35-2).
A. General. Table 35-1 specifies landscape categories for all use zones within the city, while Table 35-2 lists the
applicable landscape type and width. The specific regulations pertaining to each landscape category are
contained in this section. Where there is a conflict between the general and specific regulations, the more
specific regulations shall control.
B. Instructions for Tables 35-1 and 35-2. First, determine the property’s zoning from the city’s zoning map (see
EMC 19.03, Map 3-1). Then refer to Table 35-1 to determine which landscape category applies to that zone.
Use Table 35-2 to determine which perimeter landscape types apply for that category. Also refer to the
applicable footnotes and detailed requirements standards for specific uses in the following sections of this
chapter.
Table 35-1: Landscape Categories for Use Zones

Landscape
Use Zone Category
R-2(A); UR3; UR4(4) A(1)
NB(2); B(3); MU, LI1 B
HI C
LI2 D
R-S, R-1; R-2; AG E(1)
(1) Landscape Category E for single-family detached or two-family (duplex) dwellings. Landscape Category B for
permitted nonresidential uses. See Section 19.35.090 for permitted townhouse and duplex developments in these
zones.
(2) Landscape Category E for single-family detached or duplex dwellings.
(3) Landscape Category E for single-family detached or duplex dwellings. Landscape Category A for single-family
attached or multiple-family dwellings.

(4) Also see Section 19.35.090.B for additional requirements applicable to the UR4 zone within Metro Everett.
CA. Perimeter Landscaping. Table 35-12 of this section establishes the type and width of landscaping required
along property lines for the landscape category required in each individual zone in Table 6.135-2. This chart
establishes the minimum requirements for each landscape category. However, additional standards may be
required in individual zones (Table 6.1 identifies when additional standards may apply, for example in the
BMU, E-1, and MUO zones) or for uses being reviewed under review processes involving the hearing examiner,
planning commission or city council as set forth in Title 15, Local Project Review Procedures, when necessary
to enhance compatibility between zones and uses. Where a minimum width of landscaping is specified, the
actual width of the planting area shall be measured. Curbs, paving or other protective or boundary marking
devices shall not be included in the measurement of landscape width.
DB. Application of Type IV Landscaping. Type IV landscaping shall be used in the following circumstances:
1. All uses which are indicated as requiring Landscape Category E in the use-standards tables of individual
zones.

2. All interior portions of lots which are not developed with buildings, parking area and uses and which are
not regulated by subsection A of this section, or Section 19.35.080 or 19.35.090, or by other more specific
landscape regulations contained in this title.
Table 35-2 – Perimeter Landscape Standards1

Street Frontage (1) Interior Lot Lines (2)
Landscape Type Width of Landscaping Abutting Zone Type Width of Landscaping
Category
150 feet or width of required
Single-family (4) II
setback, whichever is less
Minimum setback depth (3)
A III 5 feet or distance between
Others III building and lot line, whichever is
less
II 15 feet
Residential (5)
or
10 feet or distance between lot line and
I 10 feet
B III building, whichever is less (3) (11)
5 feet or distance between
Others III building and lot line, whichever is
less
Residential (5) I 25 feet

150 feet or distance between building
C III and lot line, whichever is less (3) (8) (10) Commercial (6)
(11) III 10 feet
Industrial (7) (11) III 5 feet
20 feet or distance between building Residential (5) I 25 feet

D III and lot line (3) (8) (10) Commercial or
II 10 feet
industrial
E IV (9) All zones IV (9)

(1)
All public right-of-way behind the sidewalk shall also be landscaped to Type III standards. Additional trees are not required
in the portion of the landscaping in the public right-of-way.
(2)
Interior lot lines which do not abut an alley.
(3)
See Section 19.35.080 for landscaping requirements for off-street parking and outdoor display areas.
(4)
AGA-1, R-S, R-1, R-2, R-1(A), R-2(A) zones.
(5)
AGA-1, R-S, R-1, R-2, R-1(A), R-2(A), R-3(L), R-3, R-4, R-5, UR3, UR4 zones.
(6)
NB, B and MUB-1, B-2, B-2(B), BMU, E-1, MUO, C-1, C-1R, UM, WC zones.
(7)
LI1, LI2 and HIC-2, M-1, M-2, M-M, M-S, ULI zones.
(8)
See Section 19.35.110 for additional requirements in LI2M-1 zone.
(9)
See subsection DB of this section for application of Category IV landscaping.
(10)
The minimum landscape width for off-street parking areas abutting street right-of-way shall be fifteen feet.

(11)
If lot being developed has an area of five acres or greater, width shall be twenty feet.
(11)
For streets designated TOD, Pedestrian and Connector on Map 33-1, the required street trees shall be provided between
the sidewalk and curb edge within the public right-of-way in a minimum four-foot by six-foot vault or other method as
approved by the city to prevent root penetration and sidewalk damage. Spacing of trees shall average not more than thirty feet.
Spacing is subject to city of Everett public works standard clearances for sight triangles, driveways, street lights, and other
street features or safety concerns. Tree spacing may be reduced to increase visibility of signs and buildings if approved by the
city. The city shall maintain a recommended tree list that includes species selection and spacing requirements. See Figures 35-2
and 35-3 below.
Figure35-2 1: Street Trees on TOD,

Pedestrian and Connector streets
19.35.080 Outdoor display and off-street parking area landscape requirements.

The following requirements shall apply to landscaping of all off-street parking, outdoor automobile sales and
outdoor display areas, except as otherwise provided in this title for specific zones. The purpose of this section is to
provide visual relief along the street frontage of outdoor display and off-street parking areas, to prevent a
monotonous visual experience of large expanses of paving, to create shade and mitigate the heat island effect of
paved parking areas, to improve water quality, to improve storm water management, to help control the flow of
traffic, and to soften the appearance of parking structures.
A. Parking and storage areas, automobile sales lots and other outdoor display areas which front on a street right-
of-way shall provide the required landscaping in Table 35-21. a ten-foot-wide landscaped area along the
entire street frontage planted to Type III standards, except for driveways and pedestrian paths. In addition, all
public right-of-way between the sidewalk and the property line must be incorporated into the abutting Type III
landscaping. All required trees shall be located on private property.
B The following amounts of landscaping shall be provided in the internal area of parking lots exclusive of the
landscaping required to be provided along street frontages and along interior lot lines by subsection ATable
35-1 of this sectionchapter, and exclusive of street trees required in specific areas of the city such as in the
BMU, E-1, MUO, ULI, UM and UR zones. Parking of trucks or, fleet vehicles, trailers, or other type of vehicles is
considered off-street parking for the purposes of calculating the internal area of parking lots in this section.
1. If a lot or development site contains a total of twenty or fewer parking spaces, or not more than six
thousand square feet of parking and maneuvering area, whichever is less, no landscaping is required in
the internal area of parking lots.
Figure 35-3: Street Trees on TOD,

Pedestrian and Connector streets
2. If the parking area contains more than twenty parking spaces or six thousand square feet of maneuvering
area, and fewer than one hundred parking spaces, a minimum of twenty square feet of landscaping shall
be planted for each parking stall. Plantings must consist of a mix of trees, shrubs and ground cover. At
least one tree shall be planted for every eight parking spaces. Calculations resulting in a fraction larger
than one-half shall be rounded up to the next whole number.
3. If the parking area contains one hundred or more parking spaces, a minimum of thirty square feet of
landscaping shall be provided for each parking stall. Plantings must consist of a mix of trees, shrubs and

ground cover. At least one tree shall be planted for every six parking spaces. Calculations resulting in a
fraction larger than one-half shall be rounded up to the next whole number.
4. Outdoor storage areas and vehicle sales do not require interior landscaping; however, such sites shall still
provide landscaping along street frontages and other lot lines as required by subsection A of this section
and Table 35-21.
C. Landscaping of the planting areas located in the interior of parking lots as required by subsection D of this
section shall conform to the following standards:
1. Trees shall be canopy-type broadleaf deciduous trees or spreading evergreen trees. Trees must have a
minimum spread of ten feet and a minimum height of twenty feet at maturity. Trees that do not meet
these standards, such as palm trees and Thuja occidentalis “emerald green,” may only be permitted for a
portion of the landscaping through the modification process in Section 19.35.190070.A.5 when the
proposal includes superior design quality, and increases the number of trees provided. Evergreen trees
shall be a minimum of six feet high at time of planting. Deciduous trees must be a minimum of two- and-
one-half-inch caliper. Up to fifty percent of the required trees within parking areas may be deciduous.
Provided, that if the required number of evergreen trees are added to interior lot line landscape areas, up
to one hundred percent of the trees interior to the parking areas may be deciduous. Said evergreen trees
shall be in addition to those required along interior lot lines and planted within a minimum ten-foot-wide
landscaped area.
2. A mix of evergreen and deciduous shrubs and ground cover shall be provided in the required landscape
areas. Ground cover shall be selected and planted so as to withstand foot traffic and provide ninety
percent coverage within three years of planting. Shrubs and ground covers shall meet the specifications in
Section 19.35.055.
3. Landscaping shall be dispersed throughout the parking area, rather than being concentrated in a small
portion of the lot. No parking space shall be located more than eighty feet from an internal landscape
area in the same row. Planting islands with at least one tree shall be provided at the end of each parking
row.
4. Tree wells/islands should be a minimum of five feet by five feet or four feet by six feet excluding curbing,
and the size of the tree wells/islands and curbing shall be shown on the landscape plan. If another size is
proposed, the applicant shall provide documentation from a certified landscape architect concerning the
viability of the size of the tree well for the growth characteristics of the subject tree. No tree shall be
planted in a location where any part of a maneuvering or parked vehicle, including bumper overhang into
landscaped areas, may pass within two feet of the tree. Landscape islands not containing trees may be
narrower than five feet wide.
5. Trees shall be maintained in accordance with the standards established in Section 19.35.170130.
D. Except where a greater landscape width and more substantial landscape type is required by Table 35-21,
where outdoor display areas and off-street parking facilities for office, commercial or industrial uses abut
residential zones, it shall be separated therefrom by a ten-foot-wide landscape strip planted with Type I
landscaping. The landscape requirement may be reduced to five feet in width and planted with Type II
landscaping if a six-foot-high screening fence constructed of wood, masonry or a combination of wood and
masonry is erected on the property line between the residential zone and the outdoor display area of off-
street parking facility.
E. Where off-street parking facilities for multiple-family uses are located adjacent to single-family zones (R-S, R-1,
R-2, R-1(A), R-2(A) and AG-1), they shall be separated therefrom by a fifteen-foot-wide strip landscaped to
Type II standards. The landscape strip may be reduced to ten feet if a six-foot-high solid screening fence
constructed of wood, masonry or combination of wood and masonry is erected on the property line between
the multiple-family use and the single-family zone and Type I landscaping is provided. Separation between
parking areas for multiple-family uses and adjoining multiple-family zoned properties shall be as provided in
Section 19.15.100this chapter.

F. All planting areas bordering driveways and parking areas shall be protected therefrom by curbing, wheelstops
or other similar protective devices, except as necessary to accommodate low impact development stormwater
management facilities. Such protective devices shall be shown on landscape plans.
G. Parking in structures visible from a public street, alley and/or adjacent properties must include evergreen
landscaping and/or architectural and artistic treatment to screen the parking, break up the massing of the
structure, and add visual interest. Plantings should include planters, planter boxes, and trellis structures.
Ground floor parking visible from public right-of-way or properties zoned to allow residential use shall include
architectural/artistic screening a minimum of three feet high or evergreen landscape screening a minimum of
three feet high at maturity. Deciduous trees and shrubs may be mixed with evergreen landscape screening,
but at least seventy percent of the landscaping must be evergreen.
Figure 35-4: Landscaping of Parking Structures
19.35.090 Special landscape requirements applicable to residential zones.

A. Additional landscaping applicable to townhouse and duplex developments in single-family zones [R-S R-1, R-2
and R-(2A)]. In addition to providing landscaping pursuant to Tables 35-1 and 35-2, street trees between the

curb and sidewalk, or within five feet if there is no landscape strip, is required along the street frontage. Street
trees shall be 2” in caliper at breast height, planted every 30 feet on center.
B. Additional landscaping applicable to multifamily development in the UR4 zone (Metro Everett only). The
standards in this section apply to properties in the UR4 zone in Metro Everett and are in addition to the
standards in Tables 35-1 and 35-2.
C. For developments with residential uses all street-facing elevations must have landscaping along any exposed
foundation. The landscaped area may be along the outer edge of a porch instead of the foundation. This
landscaping requirement does not apply to portions of the building facade that provide access for pedestrians
or vehicles to the building. The foundation landscaping must meet the following standards:
1. The landscaped area must be at least three feet wide.
2. There must be at least one shrub for every three lineal feet of foundation.
3. Ground cover plants must fully cover the remainder of the landscaped area.
19.35.100 Landscape requirements for land divisions.

A. Residential land divisions. All land divisions involving residential uses shall provide landscaping per the
standards in this section. For any residential land division, a landscape plan must be submitted for review and
approval prior to issuance and any construction permits for the site.
Table 35-4: Landscape Requirements for Land Divisions

Location Type Width
Public street frontage III 5’
Private access drive frontage III(1) 5’
Individual lots or unit lots IV Varies
Common facilities (recreation
III 5’
or stormwater facilities).
(1)
Street trees and groundcover only. Shrubs are not required.
B. Unit lot subdivision. In addition to perimeter and other landscaping required for the parent site per Tables 35-
1, 35-2 and 35-4, landscaping shall be provided on each unit lot where yard area abuts an access drive, and
between driveways and/or parking areas on abutting lots. A landscape plan shall be submitted with the land
use application showing the following:
1. Perimeter landscape standard along rear or interior lot lines of parent site.
2. All required perimeter landscaping shall be placed within a common area.
C. Other requirements.
1. Binding Site Plans. Landscaping shall be required on all binding site plans in accordance with this chapter.
However, landscaping along interior lot lines that are internal to the site may be waived if the city has
approved a site plan and master landscaping plan for the total site.
2. This provision shall not apply to landscaping for the perimeter site boundary.
19.35.110 Additional landscaping requirements in the LI2 and HI zones.

A. LI2 zone. In addition to the perimeter landscaping required by Table 35-2, site landscaping shall be provided in
accordance with the standards of this section. Where this section specifies a requirement which is different
from the standards in Table 35-2, the more substantial requirements shall apply.
1. Each building shall be surrounded by fifteen feet of landscaping, except for loading areas, access to
buildings and pedestrian walkways up to five feet in width. Landscaping within this area shall consist of:
a. A mix of evergreen and deciduous trees and shrubs, with lawn or hardy ground cover which will cover
seventy-five percent of the landscape area within two years of planting.

b. Trees shall be planted at a density of three per one thousand square feet of landscape area.
Evergreen trees shall be a minimum of six feet tall at the time of planting and deciduous trees a
minimum diameter of one and one-half inches, measured at six inches above the ground.
B. HI zone – Central Waterfront Planning Area (CWPA). The following standards in Table 35-5 apply to properties
within the CWPA and are in addition to the standards in Table 35-2.
Table 35-5: Central Waterfront Planning Area Landscape Standards

Street frontage 15' for parking abutting ROW
Private internal 10' of landscaping with street trees
roadways 30' on center
Buildings 200 square feet of entryway
landscaping is required for the
business and visitor entrances to all
principal buildings
Adjacent to Naval Landscaping shall be maintained to
Station Everett and allow visibility of the required setback
Port of Everett areas between 18 inches and 6 feet
above grade
19.35.120090 Landscaping adjacent to freeways.

Where perimeter landscaping is required by this title for specific uses, and the lot upon which such use is proposed
abuts the right-of-way of any limited access state highway, including Interstate 5, SR 526 or SR 2, a landscape strip,
a minimum of ten feet in width, shall be planted along the entire length of the lot adjacent to the highway. Said
landscape strip shall be planted to Type II standards, unless the use is otherwise required to provide more
substantial landscaping by other sections of this title.
19.35.130095 Additional landscaping requirements and design standards.

A. Landscaping in the Public Right-of-Way. Landscaping located within public rights-of-way shall be approved by
the Everett public works department, prior to planting, as part of the review of landscape plans required by
Section 19.35.1400. The public works department may require specific types of street trees for planting in
public rights-of-way abutting the property for which the landscaping is required. Such street trees shall be
selected and planted in accordance with the public works department requirements.
B. Landscaping by Bus Stops. Landscaping shall allow visibility of bus stops and shall not interfere with transit
operations. Trees planted within bus zones shall not be located within eighteen inches of the top back of curb.
C. Landscape Design for Crime Prevention. The Review Authority, for Type II or higher permits, may require
landscaping to meet these requirements.
1. Landscape designs should discourage concealment issues close to buildings, doors and windows.
2. Landscaping should be installed and maintained to not interfere or obstruct:
a. Exterior surveillance cameras;.
b. Views of all doors and windows; and.
c. Exterior light fixtures.
3. Landscaping should be designed and maintained to enhance safety by providing visual corridors
throughout the interior of parking lots and other portions of the site used by pedestrians, such as by
selecting a majority of shrubs that can be maintained below three feet high and a majority of trees with
the lowest branches above six feet high.
D. Pedestrian walkways shall be permitted to cross required landscape areas and drive aisles.
E. Low Impact Development (LID). Low impact development (LID) stormwater management facilities, such as rain
gardens and bioretention areas, are encouraged to be used in conjunction with the landscaping type
requirements and parking lot landscaping requirements:

1. Where site and soil conditions make LID a feasible option;
2. Where maintenance of the LID areas will not adversely impact the purpose of the required landscaping;
3. Where the plant species provided are suitable to the hydrological conditions resulting from directing
stormwater to these areas; and
4. Where sufficient planting areas are provided to accommodate the required number of trees and shrubs,
area of ground cover, and minimum planting width. Additional landscape area and width will likely be
required to accommodate both the required number of trees and stormwater facilities. Landscape areas
that include both required trees and flowing stormwater conveyance must be a minimum of ten feet
wide.
The implementation of LID stormwater management facilities within required landscaping must be
approved by the city, and shall comply with the design and construction standards set forth in the city’s
stormwater management manual.
Figure 35-5: Low Impact landscape design in parking lot
19.35.140100 Landscape plan requirements.

A. The applicant shall submit landscape plans for review by the planning department. Except for plans for
residential projects with two or fewer units, landscape plans shall be prepared by professionals licensed or
certified in Washington State, such as licensed landscape architects, architects, engineers, or certified
professional horticulturists, nurserypersons, or landscape designers. The planning director may grant
exemptions from this standard for small projects that result in requirements for installation of five or fewer
new trees or one thousand square feet of landscaping. The landscape plan may be incorporated into the site
development plan or provided separately.
B. The landscape plan shall be drawn to a scale which is appropriate to accurately depict the following
information:
1. The species names of all plants proposed to be used;
2. The number, size and spacing of all proposed plants and the height of trees and shrubs at the time of
planting;
3. The lot area and the area of the lot required to be landscaped (separately list the area of parking lot and
other required landscaping);
4. The area of the lot proposed to be landscaped (separately list the area of parking lot and other required
landscaping);
5. Location and dimensions of planting areas, excluding curbs;
6. Details of any existing, proposed or required berms, retaining walls, and fences;

7. The location of any existing, proposed or required pedestrian walkways;
8. Location and height of existing and proposed overhead electrical power lines on and adjacent to the site;
9. Location of any utility easements on the property;
10. Location of bus stops and paratransit loading/unloading areas on and adjacent to the site;
11. A description of how the plan avoids conflicts with locations of trees and shrubs related to bumper
overhangs in parking areas, vehicle sight distance, parking lot lighting, signs, adjacent bus stops, and other
site features, such as artwork. This may be included in a separate document;
12. Specifications for planting areas, including soil quality or composition and depth, amendments, and
mulch. When applicable, soil specifications must provide soil/growing conditions equal to or better than
those required in the city’s current stormwater management manual, and must be included on both the
civil and landscaping plans. Sufficient soil must be provided to enable growth of trees to maturity.
Structural solutions may be required when necessary to support trees in small planting areas;
13. Cross-section drawings for any landscape areas that incorporate low impact development stormwater
facilities;
14. Maintenance and plant replacement schedules when required landscaping is provided in containers, such
as when the location of underground utilities prevents the installation of required street trees.
19.35.150115 Irrigation plan requirements.

A. All landscape areas shall be provided with an irrigation system. The planning director may waive the
requirement for an irrigation system when existing mature vegetation would be harmed by installation of an
irrigation system for that portion of the required landscape area where the mature vegetation is located. The
planning director may also waive irrigation requirements for all or portions of a site through the modification
process in Section 19.35.190070 when the applicant commits to ensuring the full establishment of plantings
that do not need irrigation at maturity, or will otherwise be watered during low rainfall conditions. When
approving a modification, the planning director may require a five-year maintenance assurance device.
B. Except for residential projects with two or fewer units, irrigation plans shall be prepared and approved by
either a Washington State licensed landscape architect or an irrigation association certified irrigation designer.
C. Irrigation plans must include:
1. Method of irrigation of required landscape areas and schematic of irrigation system; and.
2. Backflow prevention device.
3. Service location. Irrigation plans and equipment are encouraged to include rain shut off devices and
evapotranspiration based schedules.
D. Irrigation systems shall not be located within public right-of-way unless approved by the public works
department.
19.35.160120 Landscaping installation and performance assurance requirements.

A. Landscaping required pursuant to this title shall be installed in accordance with the approved landscape plan
prior to the issuance of a certificate of occupancy or final project approval. An applicant may request a
temporary certificate of occupancy for an exception to this requirement. If a temporary certificate is issued, all
required landscaping shall be installed within six months after issuance of the temporary certificate of
occupancy. The planning department shall require a performance assurance device, as described in Chapter
19.410, prior to issuing a temporary certificate of occupancy.
B. Prior to issuance of a final certificate of occupancy, the planning department shall verify that the landscaping
is installed in accordance with the approved landscape plan. The engineer of record shall certify that planting
areas were prepared and amended per the landscaping plan requirements, and that all construction debris
was removed from the landscape areas prior to soil preparation and installation of plants.
C. If the installation of the required landscaping or screening is not completed within the period specified, the
performance assurance device may be used by the city to contract for completion of the installation. Upon
completion of the installation, any portion of the remaining security shall be returned.

D. The planning department shall perform the final landscape and screening inspection prior to any performance
assurance device being returned. Any portion of the landscaping not installed properly shall cause the
certificate of occupancy to be withheld or revoked until the project is completed or cause the assurance
device to be used by the city.
19.35.170130 Landscape maintenance and maintenance assurance requirements.

A. All landscape areas required by this title shall be maintained in accordance with the following standards:
1. All landscaping shall be maintained with respect to pruning, trimming, mowing, watering, insect control,
fertilizing, or other requirements to create a healthy growing condition, attractive appearance, and to
maintain the purpose of the landscape type.
a. Pruning of trees must be consistent with ANSI A300 (Part 1) American National Standard for Tree
Care Operations—Tree, Shrub, and Other Woody Plant Management—Standard Practices (Pruning)
and companion publication Best Management Practices Tree Pruning. The topping, shearing or
pollarding of trees is prohibited. Required trees shall not be pruned to maintain a height below
twenty feet, except as required under power lines or as approved through the landscape modification
process in Section 19.35.190.
b. The topping, shearing or pollarding of required trees is prohibited. Required trees shall not be
pruned to maintain a height below twenty feet, except as required under power lines or as approved
through the landscape modification process in Section 35.070.A.5.
c. Portions of trees that extend over areas used by pedestrians or vehicle maneuvering or parking areas,
or that abut driveways, shall be limbed up to a height of seven feet to maintain pedestrian and
vehicle clearance and clear lines of sight.
2. Topped, sheared, pollarded, Ddead, diseased, stolen, vandalized, improperly pruned, missing, or damaged
plants shall be replaced within three months, with the plants indicated on the approved landscape plan or
as required by this chapter.
3. All landscaped areas shall be maintained reasonably free of weeds and trash.
4. All required landscaping which is located within public right-of-way shall be maintained by the abutting
property owner.
5. All corner lots shall maintain a vision clearance triangle. See Chapter 19.41.060 for additional standards.
6. All LID stormwater management facilities shall also be maintained in accordance with the city of Everett
stormwater management manual.
B. A maintenance assurance device, as described in Chapter 19.41, shall be required by the planning department
to ensure that landscaping will be maintained for two years, according to the approved plans and
specifications.
19.35.180140 Landscape enforcement.

When the city takes enforcement action under Section 19.41.030 to ensure that dead, diseased, stolen, vandalized,
improperly pruned, or damaged plants are replaced, a two-year maintenance assurance device, as described in
Chapter 19.41, shall be required for the replaced landscaping.
19.35.190070 Administrative Modification of landscaping requirements.

A. The planning director may, using the review process described in Title 15, Local Project Review Procedures ,
authorize a reduced width of planting or waive some or all of the landscaping requirements in the following
instances:
1. Where, with the exception of the M-1 zone, the requirement of this chapter would require more than
fifteen percent of the site area (excluding parking lots) to be landscaped, the planning director may
modify the requirements so that not more than fifteen percent of the site area (excluding parking lots)
must be landscaped. The planning director may require more intensive landscaping if the reduction in the

required planting area would reduce the effectiveness of the landscaping to a point where the intent of
the landscape type cannot be satisfied.
2. When the inclusion of existing vegetation on the site would result in landscaping equivalent to or better
than the requirements of this chapter in achieving the intent of the required landscape type.
13. When existing conditions on or adjacent to the site, including, but not limited to, differences in elevation,
existing vegetation, or location of buildings or utilities would render the requirements of this section
ineffective.
24. When Type I visual screening is required, an applicant may request to use plantings that can be expected
to form a healthy sight-obscuring evergreen hedge within three years in lieu of two rows of trees. In
reviewing such a request for modification, the planning director shall consider the applicant’s request in
light of the intent of Type I landscaping and the nature of the use or development which is being
screened.
35. When the applicant proposes an alternative method of landscaping that would achieve the intent and
purpose of the landscaping required in this title and which the director determines to provide equal or
better treatment.superior quality. Some examples include the use of native vegetation existing on site,
preservation of groves of trees, preservation of wetlands and/or wildlife habitat, increasing perimeter
landscape width in strategic locations, providing unique focal points of interest, and planting trees or
shrubs that do not meet the type or size requirements at a higher number and closer spacing.
46. When development will occur in phases and development of subsequent phases will result in removal of
landscaping required by this title.
57. When the subject property abuts railroad right-of-way developed with rail facilities, the planning director
may modify the landscaping requirements for that portion of the property abutting the railroad right-of-
way, if such modification will not reduce the compatibility between the subject property and other
properties in the vicinity.
B. In approving a request for a modification of landscaping requirements, the planning director shall issue
findings upon which the approval is based. The director may attach conditions to any such approval of a
request for modification of landscaping requirements if necessary to assure that the intent of the landscape
type and any modification thereof is maintained. Any appeal of the planning director’s decision approving or
disapproving a request to modify landscaping requirements is subject to the appeals provisions contained in
Title 15, Local Project Review Procedures.

EXHIBIT 8
Amend Chapter 19.36 Signs
Table of Contents
AMEND CHAPTER 19.36 SIGNS .............................................................................................................................. 1
19.36.040 SIGN CATEGORIES—FREESTANDING SIGNS—WALL SIGNS. ............................................................................. 1
19.36.050 DEVELOPMENT STANDARDS FOR SPECIFIC SIGN TYPES. ................................................................................... 4
19.36.070 REMOVAL OF NONCONFORMING SIGNS. ..................................................................................................... 8
19.36.040 Sign categories—Freestanding signs—Wall signs.

A. General. Table 36-1 specifies sign categories for all use zones within the city. The specific regulations
pertaining to each sign category are contained in this section. These standards apply to permanent signs.
Where there is a conflict between the general and specific regulations, the more specific regulations shall
control.
B. Instructions for Tables 36-1 and 36-2. First, determine the property’s zoning from the city’s zoning map. Then,
refer to Table 36-1 to determine which sign category applies to that zone. Use Table 36-2 to determine sign
requirements applicable to permanent freestanding and wall signs. Also refer to the applicable footnotes and
detailed requirements listed for the UMMU zone in this section. Where a sign is not regulated by a zone or
sign category, see the development standards in Section 19.36.050 for specific sign types.
Table 36-1 Sign Categories for Use Zones
Sign
Use Zone Category
A-1AG; R-S; R-1; R-2; R-1(A); R-2(A) D(1)
R-3(L); R-3, R-4; R-5; UR UR3; UR4 C(2)
B-1; B-2(B); C-2(3); W-C; M-S; M-M;
M-1; M-2; UM(4); ULI(5) NB, LI1(3) (5), B
LI2, HI, MU (Within Metro Everett)(4)
B-2; BMU; E-1; MUO; C-1; C-1R B,
A
MU (Outside of Metro Everett)
(1)
Sign category C for permitted nonresidential uses in these zones.
(2)
Sign category D for single-family detached and two-family (duplex) dwellings in these zones.
(3)
Sign category D for residential usesdwelling unit.
(4)
See subsection C of this section for additional sign standards applicable to the UMMU zone. for Metro
Everett.
(5)
Sign category B for nonresidential and mixed-use buildings. Sign category C for residential buildings.
Ch. 19.36, Signs 1 Planning Commission Recommendation (09/08/20)

Table 36-2: Freestanding Signs and Wall Signs
WALL SIGNS
FREESTANDING SIGNS (7)(8) (4)(10)
Min. Setback from Interior Max.

SIGN Maximum Area in Lot Line Abutting the Setback Height Maximum Size
CATEGORY Maximum Number (1) square feet (s.f.) Street ROW (feet) (feet) (s.f.) (3)
75 s.f. plus an additional Greater of 48
1 sign for every 300 25 s.f. for each s.f. or 15% of
Monument signs: 3'
feet of street frontage additional business on a the area of the
from back of sidewalk
A (9) or fraction thereof up lot having more than 1 (12)
; Freestanding
10 25 (9) building facade
to a maximum of 4 business up to a up to a
pole signs: 10'
signs for the entire site maximum area of 150 maximum of
(2) 300 s.f.
s.f.
Greater of 32
s.f. or 15% of
Monument signs: 5'; the area of the
1 sign for every street
B frontage (6)
40 s.f. (2) Freestanding pole 10 20 (9) building facade
signs: 10' up to a
maximum of
100 s.f.
All uses other
than SFR,
duplex or home
occupation:
All uses other than SFR,
greater of 24
duplex, home
1 foot setback for 10 s.f. or 15% of
1 sign for every street occupation or B&B
C (4)(11) frontage house: 32 s.f. (5)
every 1 foot of sign 10 the area of the
height building facade
up to a
maximum of 40
s.f.
SFR or duplex:
SFR or duplex: 2 s.f. None
2 s.f.
D (4)(11) 1 sign per unit 2 s.f. (5) None 10 4 2 s.f. (5)
(1)
Interstate 5, SR 526, alleys, vacant, or unimproved right-of-ways are not considered street frontages for
calculating the number of allowable freestanding signs.
(2)
If two or more signs are permitted, the signs may be combined into one sign up to twice the maximum
amount allowed for one sign.
(3)
Awning signs shall be considered to be wall signs for the purpose of determining allowable sign area. Also
refer to the requirements in this chapter for projecting signs, canopy signs and window signs.
(4)
Projecting signs are prohibited in sign categories C and D.
(5)
Bed and breakfast house in sign categories C and D: one freestanding sign is permitted. The sign shall be a
maximum of twelve square feet and shall have a minimum setback of ten feet from the abutting right-of-way.
In sign category D, one wall sign is permitted up to a maximum of twenty-four square feet.

(6)
In the UMMU zone, freestanding signs shall be prohibited. For additional standards applicable to the UMMU
zone, see subsection C of this section.
(7)
All freestanding signs must provide a landscape/protective island around the base of the sign. Refer to Section
19.36.050.
(8)
A single commercial use on a corner lot with a street frontage of less than one hundred feet on both streets
shall be permitted only one freestanding sign.
(9)
Monument type signs shall be limited to eight feet in height.
(10)
Backlit cabinet signs are limited to twenty square feet in sign categories A and B and six square feet in the
UMMU zone. For sign categories C and D, backlit cabinet signs are prohibited.
(11)
For sign categories C and D, internal illumination is prohibited except for electronic changing message centers.
See Sections 36.050.C and I.
(12)
If no sidewalk is present, monument signs shall be set back three feet from the property line.
C. Special Regulations for the UMMU Zone. within Metro Everett only. Signage in the UMMU zone in Metro
Everett shall conform to sign category requirements in Tables 36-1 and 36-2 unless otherwise stated in this
section.
1. Illumination Standards.
a. Backlit signs with letters or graphics on a plastic sheet (cabinet signs) are prohibited unless otherwise
noted.
b. Backlit logos under six square feet or individual backlit letters are permitted.
c. Externally lit signs are encouraged.
2. Wall Signs.
a. Wall signs shall be designed and located appropriate to the building’s architecture. For example, wall
signs must not cover windows, building trim or ornamentation.
b. Wall signs may not extend above the building parapet, soffit, the eave line or the roof of the building,
or the windowsill of the second story. Exception: individual letters may extend above the building
parapet, soffit or eave line by a maximum of eighteen inches. There shall be no backing material or
exposed/visible supports.
c. Wall signs should be mounted plumb with the building, with a maximum protrusion of one foot,
unless the sign incorporates sculptural elements or architectural devices. The sign frame shall be
concealed or integrated into the building’s architectural character in terms of form, color, and
materials.
3. Upper Story Wall Signage. In the event of a conflict with other provisions of this chapter, the
requirements in this section shall prevail.
a. One upper story sign may be permitted per building facade for nonresidential and mixed-use
buildings. Such signs are in addition to other permanent signs allowed pursuant to sign category B.
b. Each upper story wall sign shall not exceed one hundred ninety square feet.
c. Upper story wall signs shall be limited to logo and/or name only.
d. Upper story wall signs shall be located forty feet or more above the elevation of the sidewalk or alley,
but may not extend above the building parapet, soffit, the eave line or the roof of the building. Signs
shall be mounted so as to not obstruct any window, building trim, ornamentation or other significant
architectural detail.
e. Upper story wall signs shall be limited to channel lettering and/or logos, with halo lighting effects.
Lighting may be used to accent signs. Electronic message center signs and cabinet signs are
prohibited.

19.36.050 Development standards for specific sign types.
The following standards shall apply in addition to the standards listed elsewhere in this chapter. For signs that
meet the definition of more than one sign type, the planning director shall determine which standards apply based
on the sign’s function, location and orientation.
A. Freestanding Signs.
1. Minimum Lettering.
a. A minimum lettering height of six inches for the primary tenant or entity and three inches for
secondary tenant or entity is required for readability.
b. Freestanding signs for individual businesses are encouraged to include the street address number.
2. Freestanding signs must have a substantial base that is at least half as wide and thick (measured
horizontally) as the sign itself. Sign bases must have an architectural treatment that incorporates
materials similar to the sign and/or building.
3. Protective Islands Around Sign Base. At the time of installation, all freestanding signs shall include
protective islands and curbing to prevent vehicles from hitting the sign structure and to improve the
overall visual appearance of the structure. Protective islands shall be designed and constructed so as to
provide protection at least three feet in all directions from the sign structure and shall be landscaped in
accordance with the following standards:
a. Install one square foot of landscaping at the base of the sign per one square foot of sign face.
b. Landscaping shall include a decorative combination of ground cover and shrubs to provide seasonal
interest in the area surrounding the sign.
c. The city may reduce the landscaping requirement where the signage incorporates stone, brick, or
other decorative materials.
4. Location. Freestanding signs shall not be located within the public right-of-way.
5. Identification Signs for Residential Development. Each entrance to a subdivision development or
manufactured home park may have a freestanding or fence-mounted identification sign up to twenty-four
square feet in area. The height of such signs shall not exceed four feet.
B. Wall Signs.
1. Location and Design.
a. Wall signs shall not cover windows, building trim, or ornamentation. This includes blank areas above
canopies, areas between vertical piers or columns or blank areas on a gabled roof.
b. Upper Story Wall Signs Outside the UM ZoneMetro Everett. Tenants on upper levels may include
window signs or wall signs placed on the facade above the business, provided the permitted sign
square footage shall be shared with the tenant below.
2. Maximum Height. Wall signs may not extend above the roof of the building. Exception: within sign
categories A and B, individual letters may extend above the building parapet, soffit or eave line by a
maximum of eighteen inches. There shall be no backing material or exposed/visible supports.
C. Electronic Changing Message Signs. For any sign which meets the definition of electronic changing message
sign, as defined in this title, the following provisions shall apply:
1. The sign category for the zone in which the sign is proposed must allow for internal illumination of signs,
except as provided in subsection (C)(8) of this section.
2. The maximum sign area for an electronic changing message center shall be as listed in Table 36-3.
3. Any form of technology may be used for electronic changing message signs. However, animation,
movement or video imaging is prohibited.
4. Electronic changing message signs shall maintain a 2-1-2 transition frequency. “2-1-2” means a message
display time of a minimum of two seconds, a transition time between messages of a maximum of one
second, followed by a message display time of a minimum of two seconds with all segments of the total
message to be displayed within ten seconds. Displays which scroll onto the signboard must hold for a
minimum of two seconds including scrolling.
5. Brightness Limits.

a. Integrate automatic dimming capability that adjusts to the brightness of ambient light at all times of
the day and night;
b. Daytime, based on the time from sunrise to sunset as calculated for Everett, WA: five thousand
maximum nits (a measure of luminance that will keep signage balanced with surrounding landscape);
and
c. Nighttime, based on the time from sunset to sunrise as calculated for Everett, WA: one hundred fifty
maximum nits (a measure of luminance comparable to typical nighttime signage and consistent with
the Illuminating Engineering Society of North America (IESNA)).
d. Light Trespass Standards. Adopt a trespass limit of one-tenth foot-candle at the property line of any
park or residential property.
6. All changing message signs shall be constructed as an integral part of a permanent sign constructed on
site. “Integral” shall be considered to be incorporated into the framework and architectural design of the
permanent sign.
7. Video boards shall be prohibited.
8. Schools and Religious Facilities in Residential Zones. One electronic changing message sign may be
approved for a school or religious facility located in areas designated sign category C or D, subject to
Review Process II, if it meets all of the following criteria and conditions:
a. The sign shall not be located closer than one hundred feet from any existing residence located within
a residential zone and shall be of such light intensity to not cause any disruption of surrounding
residential uses;
b. The sign shall display only one color for the message and one color for the background within each
message;
c. Sign display shall not change more frequently than one time per hour;
d. There shall be no transition effects, including scrolling or other movement, allowed between
messages;
e. The sign shall not be used for commercial purposes;
f. The sign shall not be operated as a video board;
g. The sign shall not be illuminated between ten p.m. and six a.m.;
h. A sign permit is required. The planning director shall have the authority to condition or deny an
electronic changing message sign if it would be incompatible with neighborhood aesthetic character;
and
i. The maximum sign area and maximum area of the electronic changing message component of the
sign shall comply with Table 36-3.
Table No. 36-3
Sign Category A Sign Category B Sign Category C Sign Category D

Arterial
Total sq. ECM sq. Total sq. ECM sq.
Classification ECM sq. ft. (2) ECM sq. ft. (2)
ft. (1) ft. (2) ft. (1) ft. (2)
Principal Arterial Lesser of 50% of sign Lesser of 50% of sign 32 24 24 18
Minor/Collector area or 40 sq. ft. area or 24 sq. ft. 24 18 20 15
(1)
Total area for entire sign.
(2)
Total area for electronic changing message component of sign.
“ECM” means electronic changing message
D. Portable Signs. Portable signs allowed in sign categories A and B. The following regulations shall apply to all
portable signs:
1. Portable signs shall not exceed eight square feet per side or forty-two inches in height.

2. No more than one portable sign may be displayed per entity.
3. All portable signs shall be located on the premises which they are serving unless located on the public
sidewalk, in which case a minimum six-foot clear zone is provided. The intent of this requirement is to
allow for safe and unobstructed use of the sidewalk by pedestrians.
4. Signs shall be located directly in front of the sponsoring entity during business hours only.
5. Signs shall be located so as not to create a traffic safety hazard by obstructing the vision of motorists on
private property or public right-of-way.
6. Owners of such signs shall assume liability for damage or injury resulting from their use and shall provide
the city with an appropriate legal document satisfactory to the city attorney holding the city harmless and
indemnifying the city for such resulting loss and/or injury.
7. Portable signs shall be nonilluminated.
8. Portable signs shall be displayed only during business hours.
E. Window Signs. Window signs meeting the following conditions are allowed for commercial uses:
1. Maximum Size. Permanent and temporary window signs are limited to a maximum of twenty-five percent
of the window area. Every effort should be made to integrate window signs with window display.
2. Materials. Window signs constructed of neon, stained glass, gold leaf, cut vinyl, and etched glass are
allowed. Painted signs shall display the highest level of quality and permanence as determined by the city.
3. Internally lit neon or stained glass window signs are allowed, provided they meet the above sign
standards and there is no more than one sign for each fifteen feet of building frontage.
4. Window signs shall not be included in the calculation of sign area for wall signs.
F. Projecting Signs. Projecting signs are allowed for sign categories A and B and may be used in conjunction with
wall signs. Projecting signs shall meet the following standards:
1. Projecting signs shall not exceed twenty-four square feet in area. Exception: In the UMMU zone in Metro
Everett, there shall be no size limitations for projecting signs on designated transit-oriented development
(TOD) streets or pedestrian streets unless otherwise noted herein.
2. Projection.
a. Horizontal oriented signs: no more than eight feet.
b. Vertically oriented signs: no more than three feet.
c. Signs may project into a public right-of-way for storefront buildings, subject to a right-of-way use
permit.
d. Minimum clearance above grade shall be eight feet.
e. Projecting signs shall not extend above the building parapet, soffit, the eave line or the roof of the
building except that a vertically oriented neon sign on Hewitt Avenue may project up to twenty-five
percent above the roofline.
f. Projecting signs shall not revolve or rotate and/or employ moving or flashing lights except on Hewitt
Avenue east of Grand Avenue if the sign conforms to other applicable standards and does not create
excessive glare as determined by the city.
3. Structural Support. Projecting signs shall be supported only with ornamental structural supports; guy
wires and angle iron are prohibited.
4. Number of Signs. One primary sign on each street.
5. Location. Projecting signs shall not be located directly over windows or in conflict with other signs or
architectural features of the building as determined by the city.
G. Canopy and Awning Signs.
1. Canopy and awning signs may be used in place of permitted wall signs, provided they meet the following
conditions:
a. Location. Signs may be placed on the front, above, or below the canopy.
b. Clearance. Signs shall be placed a minimum of eight feet above the sidewalk or walkway.
2. Under-Canopy Signs.

a. Signs placed under canopies are in addition to allowable wall signs and shall meet the following
requirements:
i. Projection. Under-canopy signs shall have one foot minimum between the sign and the outer
edge of the marquee, awning, or canopy and between the sign and the building facade.
ii. Clearance. Under-canopy signs shall maintain a minimum clearance of eight feet between the
walkway and the bottom of the sign, or as approved by the city engineer.
iii. Number and Size. One sign is permitted per street frontage. Under-canopy signs shall not exceed
six square feet in area.
iv. Under-canopy signs shall be mounted perpendicular to the customer entrance so as to be visible
from the sidewalk.
H. Interior-Oriented and Directional Signs. On-premises directional signs shall be allowed provided:
1. Interior-Oriented Signs.
a. Each sign shall be oriented to persons who are already upon the premises; and
b. Signs shall not be designed or located so as to be intentionally legible from the abutting street right-
of-way or residentially zoned properties; and
c. Each sign shall not exceed thirty-two square feet in area; and
d. Signs shall not be internally illuminated unless other signs for the use of the property are permitted
to be internally illuminated by the sign category for that particular use; and
e. Each sign shall be located a minimum of ten feet from any street right-of-way; and
f. A sign permit shall be required if the sign is illuminated or if it exceeds six square feet in area.
2. Directional Signs.
a. Directional signs shall not exceed six square feet in area per side and four feet in height.
b. Advertising shall be limited to incidental graphics such as trade names and trademarks.
I. Sign Illumination.
1. Permitted Sign Illumination. For sign categories C and D, only external illumination is permitted. For sign
categories A and B, all signs may be internally or externally illuminated. Examples of internal lighting
include:
a. Signs with individual backlit letters. Such signs may consist of individual letters mounted on a wall
(containing necessary wiring through the wall) or individual letters placed on a raceway, where light
shines only through the letters.
b. Opaque signs with backlit letters or logos. In such signs, light only shines through letter or logo
openings.
c. Halo lighting, where letters are backlit, but light shines only through the edges of the letters.
d. Neon (letters and accessory graphics).
e. Electronic changing message signs, consistent with the standards of this chapter.
f. Cabinet signs, where permitted, when the lighting element is contained entirely within the cabinet
housing.
2. Performance Regulations. The light directed upon, or internal to, any sign shall be shaded, shielded or
directed so that the light intensity or glare shall not adversely affect surrounding or facing premises, or
adversely affect safe vision of operator of vehicles moving on public or private roads, highways or parking
areas, or adversely affect safe vision of pedestrians on a public right-of-way. Glare and intense lighting of
signs shall not shine on, or directly reflect into, residential structures. Externally lit signs shall not be
directed towards the sky.
J. Other Requirements.
1. Signs within areas under the jurisdiction of the shoreline master program shall comply with the
requirements of the underlying zoning and sign category, and the following standards:
a. Billboards are prohibited in shoreline areas.
b. Conceptual sign plans and designs shall be submitted for review and approval at the time of shoreline
permit approval.

c. All signs shall be located and designed to minimize interference with vistas, viewpoints, and visual
access to the shoreline.
d. When feasible, signs shall be mounted flush with the building or awning. No sign, other than
directional signs, shall be placed in a required view corridor or vista unless mounted flush against the
building.
e. Overwater signs or signs on floats or pilings shall be permitted only when related to water dependent
uses.
f. Signs marking historical or cultural sites must be approved by the historical commission.
g. Lighted signs shall be hooded, shaded, or directed downward onto the site and away from
surrounding properties or watercourses.
h. Signs within the municipal watershed shoreline designation shall be limited to directional signs only.
i. Signs within areas designated urban conservancy or urban conservancy agriculture shall be limited to
interpretive and public access signs.
2. Aquatic Zone. Signs within Shoreline Master Program jurisdiction. Signs for water dependent uses shall
comply with the sign category of the landward adjacent zone. Standards for educational and interpretive
signs shall be determined through the shoreline substantial development or conditional use permit
processrequirements.
19.36.070 Removal of nonconforming signs.

A. All existing signs within the city which are not in compliance with the requirements of this chapter upon the
effective date of the ordinance codified in this title are considered to be nonconforming signs. Nonconforming
signs shall be made to conform with the requirements of this section under the following circumstances:
1. When any sign for which a sign permit is required by this section is proposed to be installed on a premises
upon which is located a nonconforming sign or signs, one nonconforming sign shall be removed or
brought into conformance with this section for each new sign installed for a particular business.
2. Portable signs which do not conform with the requirements of this section shall be removed within six
months of the effective date of this title or, if located within an area being annexed to the city, within six
months of the effective date of annexation, whichever is later.
3. Whenever a building, or portion thereof, upon which is located a nonconforming roof sign, is proposed to
be expanded or remodeled, all nonconforming roof signs located on that portion of the building being
remodeled or expanded shall be removed or brought into compliance with this chapter if such expansion
or remodel adds to the building the lesser of:
a. Ten percent or more of the gross floor area of the existing building;
b. One thousand square feet gross floor area;
c. A value for the new construction or remodeling greater than or equal to ten percent of the assessed
value of the existing building.
4. 5Whenever any modification is to be made to the structure, frame or support of any nonconforming sign,
such nonconforming sign shall be removed or brought into conformance with this title. Adding a new sign
face to a nonconforming sign which does not modify the shape, size or any structural element of a
nonconforming sign shall be permitted, except that conversion to an electronic changing message sign is
prohibited.
5. 6Whenever the facade of a building upon which is located a nonconforming wall sign or nonconforming
projecting sign is remodeled or renovated, all nonconforming wall signs located on the portion of the facade
being renovated shall be brought into conformance with this chapter.
6. 7Whenever a lot upon which is located a nonconforming sign is the subject of an application which
requires Review Process III, IV or V as set forth in EMC Title 15, Local Project Review Procedures, the review
authority may require removal of any nonconforming sign as a condition of approval.

7. 8Exception for Multi-Tenant Shopping Centers Using a Shared Freestanding Sign. When an individual
tenant applies for a permit to install or modify a wall sign, a nonconforming freestanding sign on the site need
not be brought into compliance with the standards in this chapter.
B. Any sign which has been designated historic pursuant to ChapterEMC 19.3328 of this title shall not be required
to be removed by this section.

RESPONSE TO PUBLIC COMMENTS
Based on input received as of October 14, 2020

www.everettwa.gov/rethink
October 15, 2020
Response to Public Comments 1 October 15, 2020

Commenter Date Comments Response
Oral comments received at City Council hearing on 10-14-20
Ordinances are extremely complicated and hard to See response to written comments below.
follow. When expressed an opinion, citizen
participation plan was referenced. In that plan, the Regarding the Public Participation Plan, the proposed
expectation was that no consider no changes to existing code eliminates the cluster subdivision process that is
single family zones. There is no lot size in the code as used throughout the city, replacing it with a process
Dave Koenig 10-14 proposed. Changes to SEPA notices. In state law, now limited to multifamily zones – unit lot subdivision.
encourage citizen involvement in SEPA decisions. Reject The flexibility that currently exists would continue in a
changes in SEPA. Hearing Examiner should continue to different process, but with public notice to adjacent
be decision-maker for shoreline permits. Concerned property owners. The significant changes that the
about notice for historic applications. commenter thinks are in the code are not accurate.
Written comments received through 10-14-20. See https://everettwa.gov/2510/How-to-Get-Involved
Soine, Mark 10-6 Supports comments made by Cunningham and Koenig Comments noted
1. This issue was previously responded to. The
example used reflects that staff responded to public
input and would have made a specific decision were
they the decision maker.
1. The Hearing Examiner should continue to be the 2. Staff has identified the modifications that should
decision maker for larger shoreline permits. require public notice based on a long history of land
2. Public notice should be required for modifications to use reviews. Sending notice and posting sites for
Cunningham, Mary 10-6 development standards. The proposed ordinance modification of minor design elements results in
does not always require notice but allows added costs ($839) and time (2-4 months) for the
modifications. applicant, increases staff workload in the time of
staff reductions, and ends up with no changes in
outcomes. The City will be unveiling a permit
tracking map application in the next couple of
months for people to view land use applications.
1. The revised code eliminates the cluster subdivision
1. 19.06.080.B should be removed from proposed
process and substitutes it with a Unit Lot
code. Section allows exceptions to all lot standards
Subdivision, which is the section that the
and affects single-family zones.
commenter proposes to be deleted. If deleted, a
2. 19.06.110 – this allows for lots of any size so Table
cluster land division would not be possible, allowing
6-1 is not the minimum lot size standard. Suggests
an applicant with critical areas to create lots outside
Koenig, Dave 10-5 4,000 sf in a R-1 zone and 3,000 sf in a R-2 zone.
the critical areas and their buffers. Any Unit Lot
3. There should be no ability to propose a different
Subdivision is subject to public notice (mail and sign)
way of measuring building heights.
and must meet the specific approval criteria. Also,
4. The city should not be reducing notice of
any uses in a Unit Lot Subdivision would need to
development. SEPA, shoreline, and historic
meet Ch. 19.05; for example, 3-4 unit townhomes
5. Points out issues about private streets.
are not permitted in single family zones.

2. This section applies only to attached (townhouse)
and duplex housing, which might be developed on
separate lots. A townhouse, for example, could be
on a lot no larger than the unit itself. Thus, having
the ability to reduce lot sizes (not density) is needed
for that housing type and ownership form.
3. The way heights can be measured is not a one-size
fits all standard. For example, using the sidewalk as
the place of measurement might not work on a large
property with a slope. Allowing for a different
approach, with public notice and a view analysis,
avoids requiring a public hearing and variance
process.
4. See memo dated August 28, 2020. The comment
that notice for Historical Commission actions is
being eliminated is not accurate. First, all Historical
Commission meetings are Open Public Meetings.
People can sign up to get notice of any upcoming
meeting. Second, the elimination of the 500 foot
mailing notice and posting of signs is limited to
addition of an ADU, alteration of a feature on an
historic property and additions to a building. What is
still subject to notice is shown in 15.02.070.B.5,
including demolition, construction of new buildings
with 3+ units, construction of a clinic, commercial
building or place of worship, and deviation from any
Historic Overlay Guidelines.
5. Comments noted. The cost to maintain public
streets for small subdivisions does not cover the
revenues obtained.
1. Rethink Zoning has occurred too quickly during a
pandemic. 1. Comments noted.
Hokanson, Tina 9-30 2. The City’s commitment to its Climate Action Plan 2. The Rethink Zoning website was updated to include
should be included on the Rethink Zoning webpage, a link to the City’s Climate Action Strategy webpage.
and by imbedding into documents.
For summaries of the changes, go to Summary and
Highlights of Proposal or Summary of Code Chapters.
The public does not have a clear idea on the changes.
Staff is unclear what area is being referred to and
Weber, Ryan 9-28 Concerned about Chestnut Street and E Marine View
recommend visiting the Maps page and Ch. 19.05.
Dr, and changes in the Asarco Smelter area.
Belmonte Heights was part of a redevelopment site and
had conditions of rezone approval that have been

accomplished. The contract rezone is no longer
applicable and is proposed for repeal. See repot (Index
#900) at this link.
Process has been transparent and inclusive. Public
participation and sharing of resources have been robust
Forterra 9-9 and commendable. Pleased to see green roofs allowed
Comments noted
in 19.08.040.C.2.
Look at Arlington mixed use code for walkable,
Busteed, Kimberly 9-9 sustainable development
Comments noted
There are not any changes in heights in single-family
zones for schools or other uses than what is currently
Concerned about unintended impediments to allowed. Schools can still apply for a variance from
Everett School District 9-8 development/redevelopment of schools (height, standards if a hardship exists and they can meet the
hardscape, setbacks). variance criteria (hearing examiner decision). There are
not any additional restrictions that would impact
schools from current standards.
There are not any changes in heights in single-family
zones for schools or other uses than what is currently
Common for schools to need height beyond that
allowed. Schools can still apply for a variance from
allowed within a residential zone. It appears that the
Mukilteo School District 9-8 method to address height, a variance, would not be
standards if a hardship exists and they can meet the
variance criteria (hearing examiner decision). There are
permitted.
not any additional restrictions that would impact
schools from current standards.
All meetings of the Historical Commission are open
public meetings. The current procedures require notice
Should not permanently change public notice for
to people within 500 feet, plus additional application
Fox, Steve 9-2 historic commission meetings on development
fees, for minor projects in historic overlays. The changes
proposals.
are to process and not to standards or decision-makers.
See memo dated August 28, 2020.
1. The ban exists currently in the M-1 and M-M zones.
1. Concerned about outright ban on waste-to-energy
It has been removed from the list of prohibited uses
and fertilizer manufacturing.
as some of these uses might work in the HI zone.
2. No interpretation of unlisted uses
2. The standards come from existing code, but some
3. Concerned about limits on vehicle and equipment
criteria was dropped. It was added to 15.03.
sales and service
Wolken, Mark 9-2 4. Use table restricts sales to 80% of goods in LI and HI
3. The standards for auto sales comes from existing
restrictions in the city. This could be a good policy
zones
conversation in the future. Some restrictions
5. Why is commercial storage not allowed in HI zone
inappropriately made its way into industrial zones
6. Batch plants should not require the CUP scrutiny
for heavy vehicles, so modifications have been
7. Compost facilities are not defined or listed
made.

8. Solid Waste and Hazardous waste facilities should 4. This is an existing code restriction most were
be a CUP. unaware of. Staff agree that the standard doesn’t
9. “Benson” property should be Heavy Industrial seem to fit and have adjusted it to 25%.
5. This has been amended to allow commercial storage
as it is currently allowed.
6. This is an existing requirement and the use can be a
difficult land use to site.
7. Amendments were made to require a CUP for
compost facilities over 1 acre.
8. Solid waste changed to CUP and hazardous waste
over 1 acre added as CUP.
9. See earlier response. The C-2 zone (current zoning
of property) is a light industrial zone.
1. The city meets all the CLG requirements. The
provision dropped said it was a duty of the
1. Concerned about the city remaining eligible as a
commission or staff. The chapter is about the duties
Certified Local Government (CLG).
of the commission, and they are defined as required
Hall, Patrick 9-1 2. Concerned about changing the decision-making for
by CLG.
demolition of Everett Register properties from City
2. This has been changed to return the decision-
Council to planning director
making to City Council for demolition of Everett
Register properties.
The revised code structure unifies development
The effort is much more than a zoning effort as it is standards and is the result of many years of staff work
Koenig, Dave 9-1 titled. Summarizes previous comments in the record. to find a structure much easier to use than current
code. Other comments noted and responded to.
1. Comments on “park model” definition, “the entry of 1. The definition of park model is referenced to RCW
manufactured homes”, where tiny homes are 59.20.030. “the entry of manufactured homes
permitted, mobile home parks and tiny houses. comes from RCW 35.21.684. Tiny house
2. Current code says the number of boarding rooms communities, now defined in state law, are not
shall not exceed the number of dwelling units proposed to be allowed. Mobile home parks are not
allowed by zoning density. permitted anymore in the city, and the existing ones
3. Special regulations for food or beverage should are nonconforming. Tiny houses are now part of the
include a footnote to allow tasting rooms in AG building codes and can be considered a dwelling if
Cunningham, Mary 8-30 zones. meeting standards.
4. Would special regulation 8 on heavy auto and truck 2. Added a density limit on rooming houses tied to
service prohibit Motor Trucks International? comprehensive plan density since some zones have
5. Where are the standards for espresso stands? no specific density limit.
6. How do several specific uses fit within office, retail 3. The definition of micro alcohol production includes a
sales and service categories under draft code? tasting room, so no change is needed.
7. Heliports should be added back as a CUP for 4. Deleted Footnote 8 off of heavy vehicles and added
Providence Colby campus. the word “light” into the footnote. Also, dropped

8. Aggregates extraction and composting should be the requirement for multi-tenant building in the LI
listed as CUP. zones.
9. Major above ground utilities should be a CUP in 5. See the draft EMC 19.13.095
residential and NB zones. 6. The code moves away from trying to distinguish the
10. Schools should be a CUP in all residential and NB difference between a printer from a retail sale or
zones. service. The distinctions provided no obvious
11. Community center and assembly should be a CUP in planning benefit and caused many issues with
single family zones. interpretations and change of use, parking
12. Clubs, lodges and similar uses are not currently requirements.
permitted in residential zones but would be allowed 7. Heliports in the Use Table are for Primary Uses, not
as a CUP in residential zones. accessory. The Providence campus is subject to the
13. Marinas are not an appropriate use in the B and AG Institutional Overlay requirements.
zones, and shoreline permits require SEPA, making it 8. Aggregate extraction is a prohibited use (EMC
a REV II decision. 19.05.050). Added composting facilities over one
14. Shoreline permits that have 1 acre or more should acre require a CUP.
be a CUP (REV III). 9. The definition includes any utility that provides
service to more than one lot. Some facilities have
little impact and requiring a public hearing and
potential 5-month delay in permitted is not
warranted. For major facilities, the planning director
is authorized to bump the use up to a CUP (REV III).
10. If needed, the planning director is authorized to
bump the use up to a CUP (REV III).
11. If needed, the planning director is authorized to
bump the use up to a CUP (REV III).
12. Removed this use as a permitted use from single-
family detached zones and amended the use to
better fit the definition of private club or lodge.
13. The B zone could expand to areas where marinas
are allowed. A marina should not be permitted in
the AG zone, and has been removed from the Use
Table. A Use with an “A” classification must meet
different criteria than Permitted. These uses are
best reviewed under the city’s Shoreline Master
Program (SMP).
14. See previous response and memo dated August 28,
2020.
1. Reductions in parking – replace car sharing with 1. Electric vehicles do not reduce demand for parking.
electric vehicle charging or van pool A van pool might be considered the same as a car
Mohammad, Ismael 8-29 2. Permitting process – city should consider sharing program.
MyBuildingPermit program 2. Comment noted

3. Open space – allow private balconies as small as 18 3. Small private balconies provide an amenity, but do
sq. ft. to count for open space not satisfy open space needs. The standards are
4. Expedited permitting should be considered for from Metro Everett (19.20.253) and are based on
affordable housing the Core Residential Area standards adopted in 2008
5. Micro units – changes are against the purpose of (Ord 3072-08). Metro Everett standards increased
having micro units the dimension in any one direction from 4 feet to 6
feet.
4. Comments noted
5. The definition of micro housing was amended to be
in a multifamily building of no less 24 units. This was
done because larger buildings have the ability to flex
and share parking, whereas smaller buildings would
likely see bigger impacts.
1. Remove the landscape requirement on interior lot
lines between HI and HI zoned properties or include
a caveat for Port facilities.
2. Parking areas within the Port’s terminal areas,
These comments were addressed directly with the Port
Port of Everett 8-24 whether leased or not, should also not be subject to
of Everett.
landscaping requirements.
3. Trees should not be required when screening or
other landscaping is adjacent to a Port security
fence (climbing).
1. Sees these zoning changes as a sign of hope that we
are making efforts for the future of the community. 1. Comments noted.
2. We can solve our housing crisis by evidence-based 2. Comments noted.
practices. If the last time zoning was updated was in 3. Comments noted. However, there is not any
1989, then we have to assume it might be another increased height or density proposed in historic
31 years before we update it again. overlays.
3. Did not see any issue with building heights and the 4. Although the classification for group housing is
increase in density in historic overlays. The changes changed in Rethink Zoning, Class I.B and higher
Di Filippo, Angela 8-24 in the land-use change report made sense. These Group Homes are not allowed in any single-family
changes are a step in the direction of preparing for a zones in the current code. That is why we have not
future of higher density in our city, which we know put the Category 2 Group Homes into R-2 or R-2A.
is inevitable. The comments raise good questions for discussion.
4. Unclear why group housing (Category 2) is not 5. Some amendments for this use are proposed. State
permitted in R-2 and R-2A zones. This housing (7-16) law has specific exemptions for religious facilities
individuals in a shared unit, seems appropriate for that host temporary encampments. Otherwise, the
these zones, possibly even more restricted-density code provisions are similar to existing allowances.
zones.

5. Unclear why temporary shelters are, for the most
part, only permitted with the administration’s
discretion.
Allowing higher density housing in neighborhoods like No additional density is added to single family
Shepherd, Madeline 8-17 Northwest would be a grave mistake. Even duplexes neighborhoods. An amendment is proposed to restore
detract from the feel and stand out as eyesores. the current lot merger requirements in EMC 19.38.
This all seems rushed. Provision of affordable housing is The process for reviewing and simplifying the land use
Shepherd, Keil 8-17 laudable but not at the cost of the history and fabric of code started five years ago and has had extensive
the city. engagement over the past two. Other comments noted.
An amendment is proposed to restore the current lot
merger requirements in EMC 19.38. No changes in the
Soine, Mark 8-15 Concern about lot merger and height restrictions ability to modify how heights are measured are
proposed, as each request must meet criteria in EMC
15.03 and requires notice to adjacent owners.
1. The amendments are recommended to be repealed,
returning to current standards. This subject should
be brought forth in future looks at infill and single-
family neighborhoods.
2. Staff does not agree with comments. SEPA provides
1. Lot merger clause – could allow skinny houses in little, or no additional benefits in infill areas. See
neighborhoods memo dated August 28, 2020.
2. SEPA exemption levels – opposed to increased 3. Staff does not agree with comments. See memo
exemptions dated August 28, 2020.
3. Shoreline permits decision-maker – wants to keep 4. Staff does not agree with comments. See memo
the independent Hearing Examiner for large dated August 28, 2020.
shoreline projects 5. Comments noted. A change in the definition of
4. Elimination of Notice for Historic Commission dwelling, multiple-family is proposed.
Cunningham, Mary 8-14 Meetings – wants to keep notice for projects 6. Comments noted. Adding a view analysis is a good
5. Definitions of Housing types – definition of multiple- recommendation and is proposed to be added in
family doesn’t make sense EMC 19.22.100.
6. Building Height Measurement Modifications – 7. Staff agrees that modification of most standards
concerned with views and neighborhood character should require public notice. A change in both 19.08
7. Residential standards in 19.08 – supports standards and 15.02 are proposed.
but the modification process should require notice 8. The ability to modify lot standards in 19.06 is limited
8. 19.06 standards – concerned about ability to modify to alternative land division processes: binding site
standards plans and unit lot subdivisions. This allows projects,
such as townhouses, to be built on individual lots.
Perimeter setbacks and density requirements
cannot be modified. All unit lot subdivisions are
proposed as REV II, requiring public notice (see EMC
15.02.070. Some changes are proposed to require

notice (REV II) for lot depth reductions or where
exceptions are granted where more than one house
exists on one lot.
1. Comments noted. See memo dated August 28,
2020.
2. Comments noted. See memo dated August 28,
2020.
3. The exceptions are limited to alternative land
division processes: binding site plans and unit lot
subdivisions, lot depth and where more than one
single family dwelling exists on an existing lot. These
are existing standards: see EMC 19.15A.020.
Amendments are proposed to require public notice
(REV II) for these modifications.
1. Changes to public notice requirements should not 4. There was an editing error that the commenter
be approved and rejected identified. Amendments are proposed, but the
2. Staff should be directed to not include changes in minimum lot sizes are not included as suggested. In
who makes decisions from current code. some situations, an attached housing project might
3. Opposed to exceptions to lot area, etc. in 19.06.080 have a lot that is no larger than the dwelling’s
4. Changes needed to 19.06.110, density and lot size. footprint. The land or open space might be in a tract
5. There should be no ability to propose a different and under common ownership. Flexibility is
Koenig, Dave 8-12 way to measure building heights. warranted provided that overall density
6. Reject the changes to the merger clause. requirements are met.
7. Reject proposal to eliminate requirements to make 5. In general, staff would agree with this comment.
all projects which exceed SEPA thresholds for However, there is no way to ensure that there are
categorical exemptions subject to Review Process II. not valid situations to provide for alternatives
8. Private street construction – points out private without having to go to public hearing through a
access drives allowed variance process. There are criteria that must be
9. Clarify where tiny house communities are allowed. met for modification (see EMC 15.03.060). An
amendment is proposed for EMC 19.22 to require a
view analysis if needed.
6. Staff agrees that the merger clause should not be
changed in this process. Amendments are proposed
to retain existing standards.
7. If a project is exempt from SEPA, it is not required to
provide public notice under state law. See memo
dated August 28, 2020.
8. Comments noted. The cost to maintain public
streets for small subdivisions does not cover the
revenues obtained.

9. Tiny home communities are identified as a use in
EMC 19.05. These communities would not be
allowed anywhere in the city as drafted in that
chapter. However, pursuant to state law, tiny homes
can be allowed in an approved manufactured
housing community. Amendments are being
forwarded regarding temporary shelters, which
could include tiny homes as a temporary option.
The current C-2 zone is a heavy commercial/light
industrial zoning classification. The underlying land use
designation is Industrial. A Light Industrial zoning
The “Benson Property”, currently zoned C-2, is designation was used in all other circumstances where
Taylor, David 8-12 inappropriately shown now as Heavy Industrial. C-2 zoning is currently in place. The three lots that Mr.
Taylor mentions that are currently zoned C-2 should
have received a Light Industrial 1 designation. An
amendment is proposed to the zoning map.
The land that was purchased is currently zoned R-2 and
is proposed to remain as R-2. Their 4-plex is proposed
We purchased the empty land next to our 4-plex at to change the Land Use Designation from Commercial
Choi, Angela & Lee, Justin 8-5 1413 E. Marine View Drive. Would like for the land they to Multifamily because development in that area is
purchased to be the same zoning as 1413 (now C-1) residential. A follow-up inquiry was sent asking if they
wanted a Neighborhood Business zone, but no
response has been received.
An amendment is proposed to keep the Land Use
Designation as multifamily (no change from current)
and a zoning designation of UR3. (This is as requested
Disagree with the shift from R3 to R2 for the lots they
for Land Use, but a slightly less standard for zoning.)
Raval, Nehal 7-31 own at 1830 & 1810 Hollow Dale. Wants the zoning to
be UR4.
This property includes streams and wetlands that
reduce the ability to develop, and a significant part of
the neighborhood is characterized by single-family.
This is an area where the Land Use Designation is
The 33 single-family homes on West Mall Drive are proposed to change from multifamily to single-family.
Lindstrom, Gordy 7-29 placed in the UR3 Multifamily zone. Every home would See ID#20 in the Land Use Change Report.
become a nonconforming use. https://everettwa.gov/DocumentCenter/View/23602/L
and-Use-Change-Report-6-08-20?bidId=
EMC 19.08.030 points to EMC 19.06 for minimum lot
It is unclear what the duplex restriction is regarding
area and density requirements. The minimum lot area
Chan, Jack 7-28 square footage outlined in EMC 19.08.030 in the R-2
for a two-unit dwelling is 7,500 square feet and the
zone.
maximum density is 1 unit per 3,750 square feet.

Solomon School at 9506 7th Avenue SE is zoned R2A and Private schools are allowed in R-2A. A previous draft of
will be zoned R2A, which currently allows private the Use Tables did not have many uses identified in this
Shockey, Reid 7-22 schools. Will private schools not be allowed in the zone but was corrected prior to public hearing. See
revised R2A? EMC 19.05.110.
Why, in 2020, are we using lumber and wood based
Bailey, Todd 7-17 products when steel beams and concrete siding would This is primarily a building and fire code issue.
prevent major fires?
1. Amendments are proposed in both the Use Table
and the definitions to address this concern. The
1. The definition of railway is odd and does not work intent was to require a Conditional Use for a rail
Wolken, Mark 7-15 well within the Use Table. storage yard, such as the Delta Yard, but not for
2. Recycling and composting are ignored. accessory railway facilities.
2. Comments noted. The code has standards for
nuisance characteristics in EMC 19.39.060.
Everett Planning does not adequately inform those Comments noted. The city widely distributed a Public
Benson, Greg 7-7 most affected by Rethink Zoning. Participation Plan.
Many individuals living in single-family zones have the
time and resources to engage in this sort of public
process, whereas other individuals living outside do Comments noted. The amendments to single-family
not. Clinging to old ideas of what a neighborhood looks neighborhoods have been put on hold, but not lost. The
Di Filippo, Angela 7-6 like or sequestering a significant population to higher- City will likely pick up this conversation over the next
density and mixed-use housing will not help us. We are year.
maintaining a knowingly racist system as zoning has
been a tool wielded against communities of color.
There are increased flood risks from climate change,
Ferrell, Tye 7-1 with substantial increased risk in the areas designated Comments noted.
for heavy industrial and light industrial use.
These comments were received prior to the July 13th
Provided additional comments on Chapter 19.17
Port of Everett 6-15 regarding Port Compatibility.
draft and have mostly been incorporated. See EMC
19.17.
1. Sidewalk widths are based on street designations. In
EMC 19.33, Evergreen Way is designated as either a
1. Sidewalks along Evergreen Way and busy arterials in
Pedestrian or Connector Street, which requires a
south Everett should be wider.
Hokanson, Tina 6-16 2. Trees should be planted along Evergreen Way
landscape frontage zone and 6-8 feet of sidewalk
clear zone, plus 2-6 feet of frontage zone. This
between travel lanes and sidewalks.
provides between 12’ and 16’ from traffic.
2. See above
Do not make decisions when the public cannot attend Comments noted. The city widely distributed a Public
Koenig, Elizabeth 6-16 meetings. Specifically concerned about procedure Participation Plan. See memo dated August 28, 2020
changes because state law allows it. regarding procedure and process issues.

Rethink Zoning has proceeded without input from the Comments noted. The city widely distributed a Public
Bartanen, Kat 6-16 public. Participation Plan.
Supports the changes to Chapter 19.17 regarding Naval The suggested edits were incorporated into the 7-13
Naval Station Everett 6-15 Station Everett. One edit to 19.17.120 is recommended. draft that went to public hearing. See EMC 19.17.120.
Comments noted. The City will likely pick up the
Should focus zoning issues on poorer residents and
Harker, Jamie 6-9 people of color.
conversation about single-family zones over the next
year.
Not in favor of eliminating public notice or posting of
sites for land division. Most people do not constantly Comments noted. See memo dated August 28, 2020
Peverly, Kent 6-3 monitor the city website to keep abreast of things regarding procedure and process issues.
happening in their neighborhood.
The City should temporarily stop the Rethink Zoning
Ries, Ken 6-3 project.
Comments noted.
Satti-Hewat, Jean 6-3 Concerned about the process and timeline. Comments noted.
Mohammad, Ismail 6-2 Provided links to Seattle changes for DAD and AADU. Comments noted
Slow down changes to Rethink Zoning in the midst of a
Comments noted. The city widely distributed a Public
Tucker, Andrea 6-2 global pandemic, economic meltdown and national
Participation Plan.
unrest.
1. Staff has provided city council with updates on
Rethink Zoning on June 10th and on July 29th.
2. See above, particularly the summary of changes
provided to city council on July 29th.
3. Comments noted. Land division changes are
1. The City Council needs to develop direction on what
warranted to create a Unified Development Code
Council actions you are willing to review and act on
and remove provisions unrelated to land division
in the COVID-19 remote system
(post-development), which also create conflicts. No
2. Rethink Zoning is complicated and city council needs
substantive changes are proposed to historic
to understand the proposed changes.
overlay. See summary for historic overlay.
3. Supportive of pause on single-family and transit
Koenig, Dave 5-31 overlay. Subdivision changes and historic overlay
4. Contract rezones being repealed can be found here
and contract rezones being retained found here. All
changes should also be paused.
property owners in the areas proposed for repeal
4. What is happening to contract rezones
have been notified, and no comments have been
5. What happens to Riverfront, Waterfront Center and
received.
other custom zones.
5. See response above.
6. All property owners should receive a notice
6. All property owners with comprehensive plan land
use changes or who’s contract rezone is proposed to
be repealed were provided notice. Several inquiries
and some requests came through due to those
notices.

The heights in Rethink are not changed from current
Concerned about heights of buildings at the west end of
Fingarson, Bruce 3-11 Pacific Ave to Bond Ave, bordering Federal Ave.
ordinance. They were increased, however, in the Metro
Everett actions in 2018.
These comments address several issues no longer part
of the Rethink Zoning package of code amendments.
Koenig, Dave 1-17 Building heights The one item regarding height modifications is similar
to comments made by Mr. Koenig on 8-12 and
answered above.
The current draft of code amendments do not change
the requirements for owner-occupancy of ADUs. An
Shockey, Reid 1-2 Curious if owner-occupancy of ADUs will be addressed
earlier version modified those requirements, but it has
since been removed.
1. Historic Overlay Zones should remain in place and
continued.
1. The Historic Overlay Zones remain in place.
2. Rucker Hill and Federal Ave south of Rucker Hill
2. No changes to single family zoning are proposed at
should be UR1
this time.
3. Lowell Neighborhood should be UR1
3. No changes to single family zoning are proposed at
Koenig, Dave 8-26-19 4. Adding single family attached and cottage housing
this time.
to all residential zones is a concern without seeing
4. Single family attached and cottage housing
what is proposed for standards.
standards are found in EMC 19.08.
5. Have not found the reason or goal for changing
5. Comments noted.
building heights. Suggests changing building heights
in UR1 zone to 25 feet.
Oral comments received at Planning Commission public hearing 8-18-20
Comments covered topics addressed in written
Koenig, Dave 8-18 See response to written comments
comments dated 8-12
1. In the historic overlays, the density is limited to
what is currently allowed in the R-3 zone: 29 units
per acre. See EMC 19.06.100.D. Outside of historic
1. Commented that there is an upzone for R-3 zones, overlays, there is no density limit on R-3 zones.
including density and reduced lot sizes. However, experience shows that what limits density
2. Historic Overlay has no protection because it is is market conditions, off-street parking, building
subject to staff decision. heights, required open space, lot coverage and
Satti-Hewat, Jean 8-18
3. Proposal eliminates the requirement for a setbacks.
demolition waiver. 2. The Planning Director has always been the person
4. Concerned about modification of how building who receives recommendations from the Historical
heights are measured. Commission. Most recommendations have been
upheld.
3. The draft changes the review authority for
demolition of an Everett Historic Register Property

from City Council to Planning Director. An
amendment is proposed.
4. See response to other written comments regarding
height modifications
Comments noted. The definition for micro-housing ahs
changed to require the units to be in a multifamily
Noted that some changes regarding micro housing are
building of ne less than 24 units. This was done due to
Mohammad, Ismail 8-18 proposed that could affect projects being planned. Also
concerns that conversion of smaller buildings could
mentioned tandem parking and parking for zip cars
result in under parking. An amendment could be
considered.
Appreciate the work and support what is within
Casey, Glynis (NSE) 8-18 Chapter 19.17. SEPA can be a positive public Comments noted
engagement tool that can be used.
Giving public notice in the historic districts is helpful.
Tucker, Andrea 8-18 Comments noted. See memo dated August 28, 2020.
Concerned about the way heights are measured.

Rethink Zoning Ordinance

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Rethink Zoning Ordinance

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City Council Agenda Item Cover Sheet

Project title: Amendment of Everett Municipal Code for Rethink Zoning

Recommendation (exact action requested of Council):

Please find attached a compilation of amendments to the Rethink Zoning

We would request that your motion include the amendments as attached.

You can reach me at 425-257-8736, by email at [email protected] or a

C: Cassie Franklin, Mayor

2930 Wetmore Ave, Ste.

The 2020 Legislature amended the definition of “adult

Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

Map 13.68- 1: Sidewalk Priority Areas

Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

15.02.080 Review Process III: Hearing examiner Review.

Chapter 19.04 Definitions

Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

religious organization may host

– shelters which 10 10 10 10 10 10 10 outside of buildings, subject to

Prohibited use on the ground

Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

Chapter 19.06 Lots, Setbacks and Residential Densities

ZONE R-S R-1 R-2 R-2(A) UR3 UR4 NB B MU LI1 LI2 HI AG

Rear (with None

19.06.030 Exceptions to Building or Structure Placement Requirements.

Chapter 19.09 Multifamily Development Standards

Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

Chapter 19.12 Building Form and Design Standards

Chapter 19.13 Specific Use Standards

Chapter 19.25 Land Division General Evaluation Criteria

Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

Chapter 19.26 Land Division Development Standards

B. Development Standards for Private Access Drives.

Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

19.33.030 Public sidewalk requirements.

Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

Pedestrian 2' – 6’ 8' minimum 6' minimum 16' min

Connector 2’None 6' minimum 64' minimum 12' min

Chapter 19.40 Fences

Rethink Zoning, CB 2009-52, Amendments to Ordinance Recommended 10/27/2020

Thank you to Councilmember Roberts for the comments, questions and

Our recommendations regarding the need for process and procedure

Our objective as your planning staff is to ensure professional staff have

In our meeting with Councilmember Roberts, we demonstrated an enhanced

You can reach me at 425-257-8736, by email at [email protected] or a

2930 Wetmore Ave, Ste. C: Cassie Franklin, Mayor

• 19.22.100 Modification of Building Heights - measurements in or adjacent to residential zones

15.02.080 Review Process III: Hearing examiner Review.

3. Provide Public Notice when development standards are modified

4. Public notice and SEPA

19.26.050 Vehicle access requirements for residential development.

B. Development Standards for Private Access Drives.

6. Historic Commission notice

ORDINANCE _____________ Page 2 of 8

NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN:

ORDINANCE _____________ Page 3 of 8

ORDINANCE _____________ Page 4 of 8

ORDINANCE _____________ Page 5 of 8

ORDINANCE _____________ Page 6 of 8

ORDINANCE _____________ Page 7 of 8

Sharon Fuller, City Clerk

ORDINANCE _____________ Page 8 of 8

Chapter 2.96 Historical Commission