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.
B. Commercial and Industrial Zones.
1. General. Subject to the requirements of subsections (B)(2) through (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 EMC 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 (d) of this section; provided, that a temporary certificate of occupancy from the building department is obtained:
(1) Outdoor Christmas tree lots and fireworks stands if these uses will not exceed forty-five days.
(2) 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) of this section:
(1) Outdoor dining areas, where permitted.
(2) Outdoor display of vehicles for sale or lease; provided, that they meet all of the standards of EMC 19.35.080.
5. Modification. The applicant may request a modification of the requirements of subsections (B)(2) through (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 EMC 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 EMC Title 15, Local Project Review Procedures, for the applicable review process. (Ord. 3774-20 § 5(U) (Exh. 3), 2020.)