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 EMC, the existing structures shall comply with all Everett Unified Development 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 Unified Development Code and lot area requirements and the structures are legal nonconforming structures, the applicant may apply for an exception from the Everett Unified Development Code lot area, dimensional, lot coverage and setback requirements using the review process as defined in Chapter 15.02 EMC, Land Use and Project Review Procedures. The planning director shall use the criteria in EMC 19.06.080(D) as a basis for reviewing all such requests. (Ord. 3774-20 § 5(N) (Exh. 3), 2020.)