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d. When gross floor area or lot coverage requirements are applicable, an outdoor use, <br /> activity or storage area will be used in calculating the permitted gross floor area or lot <br /> coverage of a use or development if this area will be used as an outdoor use, activity or <br /> storage area for at least two months in every year. <br /> e. If located on an unimproved area of the site, the underlying ground must be improved <br /> as required by the Department of Public Works. <br /> 4. Exceptions to Outdoor Use, Activity or Storage. The following outdoor uses and <br /> activities when located in commercial and industrial zones, are exempt from the <br /> requirement of this subsection as stated below: <br /> a. Exceptions to sections 3a, b, c, and d of this subsection provided that a temporary <br /> certificate of occupancy from the building department is obtained: <br /> (1) Outdoor Christmas tree lots and fireworks stands if these uses will not exceed forty- <br /> five days. <br /> (2) Outdoor amusement rides; carnivals and circuses; and parking lot sales which are <br /> ancillary to the indoor sale of the same goods and services if these uses will not exceed <br /> ten days. <br /> b. Exception to sections 3a and 3b of this subsection: <br /> (1) Outdoor dining areas, where permitted. <br /> (2) Outdoor display of vehicles for sale or lease provided that they meet all of the <br /> standards of Section 35.080 of this title. <br /> 5. Modification. The applicant may request a modification of the requirements of <br /> sections 2 through 4 of this subsection by submitting a written request with their site plan <br /> to the Planning Director for review. The Planning Director may approve a modification <br /> using the review process as described in the City's Local Project Review Procedures <br /> Ordinance, if: <br /> a. The modification will not create a greater impact on any nearby residential use than <br /> would be created without the modification; and <br /> b. The modification will not detract from the character of nearby uses; and <br /> c. The modification will not be injurious to public health, <br /> safety or welfare; and <br /> d. The modification is consistent with the policies of the Everett general plan; <br /> e. Landscaping or other means of screening is provided to reduce the visual impact of the <br /> outdoor use, activity or storage areas on surrounding properties and public right-of-way. <br /> 6. Appeals of Outdoor Use, Activity and Storage Modification Requests. The Planning <br /> Director's determination may be appealed as provided for in the City's Local Project <br /> Procedures Ordinance for the applicable review process. <br /> SECTION 11 : That Chapter 41 of Ordinance No. 1671-89 (EMC 19.41.110) which <br /> reads in part as follows: <br /> Nonconforming use permit - Nonconforming building permits. The following regulations <br /> pertain to the issuance of permits for nonconforming uses and buildings: <br /> A. Nonconforming Use, Continuation of. An applicant who wishes to continue a <br /> nonconforming use which was established by a previous owner may do so according to <br /> the provisions of subsection 38.040A of this title, provided that the continuation of such <br /> use is verified and approved using Review Process I. <br /> 14 <br />