19.38.030 Nonconforming structures | Everett Municipal Code

19.38.030 Nonconforming structures.

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

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

a. The expansion does not make the setback or height more nonconforming;

b. The expansion shall not exceed twenty-five 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

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 this title.

C. Demolition of Nonconforming Structures. Following the abatement or voluntary demolition of a nonconforming structure, any new construction shall be in conformance with this title, 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. (Ord. 3774-20 § 5(T) (Exh. 3), 2020.)