The principal permitted use in the CW waterfront commercial
district is visitor serving commercial use which includes:
A. Visitor
facilities such as: hotels and motels, indoor and outdoor eating and
drinking places (but not including drive-thru services);
B. Retail
trade and specialty shops such as: books, gifts, jewelry, collectibles,
clothing, antiques or art galleries;
C. Personal
and business services generally located inside a building such as:
banks or credit unions with indoor/outdoor automatic teller machines,
office supply stores, hobby supply stores, laundries, beauty services
and spas, and photo processing;
D. Entertainment
and recreational facilities such as: theatres, sports activities including
equipment rentals and sales or public access; and
E. Maintenance
of existing residential uses.
(Ord. 695 § 2, 2003)
The following uses may be permitted subject to the granting
of a conditional use permit:
A. Outdoor
accessory uses and structures located on the same site as a permitted
use such as storage and communication devices, but not including typical
hotel or motel recreation facilities such as swimming pools;
B. Business,
professional and trade schools and colleges;
C. Churches
and religious institutions not including private or parochial schools;
D. Conference
centers or meeting halls when separate from a hotel or restaurant
facility;
E. Parking
facilities, including fee parking facilities which are not required
by code for another use;
F. Bed and breakfast establishments subject to the provisions of Chapter
17.59;
G. Residential
uses located above the ground floor of commercial structures not to
exceed sixty units per acre density, or new residential-only development
or the expansion of existing residential-only development up to thirty
units per acre density;
H. Service
stations and oil storage facilities;
I. New
timeshare resort hotels which provide at least one recreational facility
(pool, courts, etc);
J. Food
product processing which includes on-site retail sales or light manufacturing
which includes on-site retail sales and does not result in exterior
air, noise, dust, odor, vibration or glare impacts, and where no animals
or bulk flammables are kept or stored on-site, such as a cheese factory,
fish market or candy factory;
K. Theaters
and auditoriums within buildings;
L. Public
utility service pumping stations, power stations, equipment buildings
and installations, drainage ways, storage tanks and transmission lines
found by the planning commission to be necessary for the public health,
safety or welfare;
M. Cannabis uses conducted pursuant to Chapter
17.95 (Commercial Cannabis Regulations), including: storefront retail, non-storefront retail (delivery only), cultivation (indoor only), non-volatile manufacturing, processing facilities, distribution, microbusinesses, and testing laboratories; and
N. Any
other use which is determined by the planning commission to be similar
to the listed conditional uses and which conforms to the policies
of the waterfront land use and general plan. In making such a determination
in addition to the usual findings, the planning commission must find:
1. That
upon review of all determinable characteristics of the use that the
use has the same essential characteristics as a permitted or conditional
use.
(Ord. 695 § 2, 2003; Ord. 715 § 2, 2006; Ord. 762 § 2, 2011; Ord. 819 § 4, 2020)
The following uses are prohibited in the CW district:
A. Truck
and heavy equipment repair shops;
B. Any
manufacturing use not expressly permitted herein; and
C. Commercial
communication and television towers.
(Ord. 695 § 2, 2003; Ord. 762 § 2, 2011)
The following property development standards shall apply to
all land and structure in the CW water-front commercial district:
A. Height.
The maximum building height shall be seventy feet.
B. Yard
and Areas.
1. Front
Yard. None required except that where a portion of the street frontage
of the block in which the site is located is in a zone of greater
requirements, the front yard of the CW zone shall conform to the minimum
requirements of the more restrictive zone;
2. Side
Yard. None required except where the side yard of the CW use abuts
upon the side yard of a residential or RP use, and the side yard shall
be five feet;
3. Rear
Yard. Minimum of ten feet;
4. Lot
Area. No minimum; and
5. Lot
Coverage. Site coverage for the total building square footage shall
not exceed fifty percent of the size of the lot. Parking areas shall
not be counted as building square footage. Residential units which
are above the ground floor shall not be counted in the square footage.
(Ord. 695 § 2, 2003)
Whenever property classified for a CW use is separated from
adjacent residential property by a permanent open space or parking
area of no less than twenty-five feet in width, the required front
yard or side yard setback shall not be required.
(Ord. 695 § 2, 2003)
All uses permitted in the CW district except those requiring a use permit shall be subject to the approval of a site plan and architectural review. Procedure for such submittal and approval will be found under Chapter
17.46.
(Ord. 695 § 2, 2003)
All uses shall comply with the regulations prescribed.
A. In
a CW district all businesses, services, and processes shall be conducted
entirely within a completely enclosed building, except for off-street
parking and loading areas, automotive service stations, amusement
and recreation uses, exhibits of goods sold, manufactured, or processed
on the premises, outdoor dining areas, and utility substations and
equipment installations. Material storage shall be confined behind
a six-foot solid wall or fence. Those outdoor uses which are permitted
shall be subject to the provision of landscaping and/or solid screen
fencing relative to the type of use as determined by architectural
review. Outside storage and refuse containers shall be confined behind
a six-foot solid wall of fence.
B. No
use shall be permitted, and no process, equipment or material shall
be employed which is found by the planning commission to be objectionable
to persons residing or working in the vicinity by reason of odor,
insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried
wastes, noise, vibration, illumination, glare, unsightliness, or heavy
truck traffic or to involve any hazard of fire or explosion.
C. Accessory
uses shall be permitted only to the extent necessary to the limited
uses permitted under this part.
D. The
display of goods outside of the structure may be placed in the covered
area of a porch or on a public sidewalk only when placed in a manner
as to retain a minimum six-foot passable walkway.
E. All
exterior lighting shall be shielded and directed downward on the property
to prevent upward glare and glare at adjacent properties.
F. The
above waterfront commercial uses shall not be objectionable due to
odor, dust, smoke, noise, vibration or other similar causes beyond
the level of the ordinary neighborhood retail establishment.
(Ord. 695 § 2, 2003)