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 EMC 19.38.040, must be certified as nonconforming prior to the issuance of a permit for a principal building. In order to be certified as a legal lot for building purposes, the applicant shall provide sufficient information to verify that the lot was legally created and that all applicable city Unified Development Code requirements in effect at the time the lot was created were met, or that the lot was created prior to annexation to the city and met the minimum zoning or Unified Development code requirements of Snohomish County at the time the lot was established.
2. Certification as a nonconforming lot shall not be construed as a representation or guarantee that the city can issue a building permit for the subject property. All applicable city regulations pertaining to the issuance of building permits must also be met in order for a building permit to be issued on a nonconforming lot certified under this section.
3. Exception to Lot Certification Requirement.
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. (Ord. 3774-20 § 5(T) (Exh. 3), 2020.)