§ 156.072 CW — WATERFRONT COMMERCIAL DISTRICTS.

(A) Purposes. In addition to the objectives prescribed in § 155.002 of this title, the CW Waterfront Commercial Districts are included in the zoning regulations to achieve the following purposes:

• (1) To encourage, protect and maintain coastal-dependent and coastal-related uses;

• (2) To encourage development of recreational and visitor-serving uses;

• (3) To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments, and wholesale businesses offering commodities and services required by residents of the city and its surrounding market area;

• (4) To provide opportunities for retail stores, offices, service establishments, amusement establishments, and wholesale businesses to concentrate for the convenience of the public and in mutually beneficial relationships to each other;

• (5) To provide space for community facilities and institutions that appropriately may be located in commercial areas;

• (6) To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas;

• (7) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

• (8) To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses;

• (9) To protect commercial properties from fire, explosion, noxious fumes, and other hazards;

• (10) To encourage upgrading of the use of strategically located sites between the central business district and Humboldt Bay by creating an environment suitable for establishments catering to tourists; and

• (11) To protect and maintain certain industrial uses that require waterfront locations.

• ('63 Code, § 10-5.29110)

• (B) Required conditions.

• (1) All uses shall comply with the regulations prescribed in §§ 155.025 through 155.036 of this title.

(2) In a CW District all businesses, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, exhibits of goods sold, manufactured, or processed on the premises, outdoor dining areas, and utility substations and equipment installations.

(3) 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.

rmitted, 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) Permitted uses. The following uses shall be permitted in the CW Waterfront Commercial District, provided that when recreation and visitor-serving facilities are integrated with coastal-dependent uses (noted below with an asterisk), the recreation and visitor- serving areas shall be secondary to and compatible with the coastal- dependent uses:

• (1) Accessory uses and structures located on the same site as a permitted use;

• (2) Boat launching;

• (3) Coastal dependent and coastal-related uses;

• (4) Commercial fishing facilities;

• (5) Docks, piers and wharfs;

• (6) Hotels and motels;

• (7) Ice vending stations;

• (8) Marine and boat sales, services and repairs;

• (9) Offices related to or dependent upon coastal-dependent or coastal-related uses;

• (10) Public and commercial recreation;

• (11) Recreational boating facilities;

• (12) Visitor-serving facilities and other establishments that offer retail sales and services to visitors, including but not limited

to:

• (a) Antique shops;

• (b) Art and artists' supply stores;

• (c) Art galleries;

• (d) Bakeries baking for retail sale on the premises only;

• (e) Bars and taverns;

• (f) Bicycle shops;

• (g) Book stores and newsstands;

• (h) Candy stores/shops;

• (i) Clothing shops, boutique;

• (j) Dairy products manufacturing for retail sales on the premises only;

• (k) Day or destination spas;

• (l) Florists;

• (m) Garden shops;

• (n) Gift shops;

• (o) Jewelry stores;

• (p) Leather goods and luggage stores;

• (q) Mobile vendors as prescribed in §§ 155.220 through 155.221;

• (r) Music, record, and CD stores;

• (s) Picture framing shops;

• (t) Restaurants (but not including drive-in establishments);

• (u) Shoe shops, boutique;

• (v) Sporting goods stores that primarily include rental and sales of equipment, gear, clothing, and other goods, for coastaldependent or -related recreation activities;

• (w) Stamp and coin stores;

• (x) Stationery shops;

• (y) Theaters, small;

• (z) Toy shops; and

• (aa) Variety shops.

• (13) Wireless telecommunication facilities located more than 100 feet from an R District subject to a wireless telecommunication facility permit issued pursuant to Chapter 159.

• (D) Conditional uses.

(1) The following conditional uses shall be permitted in the CW Waterfront Commercial District upon the granting of a use permit in accord with the provisions of §§ 155.280 through 155.299 of this title. The applicant shall demonstrate and the city shall find that granting of a use permit will not diminish recreational or visitor-serving opportunities.

• (a) Administrative, business, and professional offices, except medical and dental offices;

• (b) Arts and crafts schools and colleges;

• (c) Bakeries;

• (d) Banks;

• (e) Barber shops and beauty shops;

• (f) Bus depot;

• (g) Bus depots, provided all buses shall not be stored on the site and no repair work or servicing of vehicles shall be conducted on the site;

• (h) Business, professional, and trade schools and colleges;

• (i) Charitable institutions;

• (j) Christmas tree sales lots;

• (k) Churches, parsonages, parish houses and other religious institutions;

• (l) Cigar stores;

• (m) Cleaning, coin-operated;

• (n) Clothing and costume rental establishments;

• (o) Clothing stores;

• (p) Conference center;

• (q) Dance halls;

• (r) Department stores;

• (s) Finance companies;

• (t) Food stores and supermarkets;

• (u) Furniture stores;

• (v) Gunsmiths;

• (w) Gymnasiums;

• (x) Hardware stores;

• (y) Health clubs, neighborhood;

• (z) Ice storage houses;

• (aa) Interior decorating shops;

• (bb) Laundries, self-service type;

• (cc) Liquor stores;

• (dd) Locksmiths;

• (ee) Massage and physical culture studios;

• (ff) Medical and dental offices;

• (gg) Medical and orthopedic appliance stores;

• (hh) Meeting halls;

• (ii) Messengers’ offices;

• (jj) Music and dance studios;

• (kk) Musical instrument repair shops;

• (ll) Office and business machine stores;

• (mm) Offices and office buildings;

• (nn) Oil and gas pipelines;

• (oo) Optician and optometrical shops;

• (pp) Parking facilities, including fee parking facilities;

• (qq) Passenger railroad stations;

• (rr) Pet and bird stores;

• (ss) Photographic supply stores and studios;

• (tt) Post offices;

• (uu) Prescription pharmacies and dental and optical laboratories;

• (vv) Pressing establishments;

• (ww) Printing shops, including lithographing and engraving;

• (xx) Public utility service pumping stations, power stations, equipment buildings and installations, drainageways and

structures, storage tanks, and transmission lines found by the Planning Commission to be necessary for the public health, safety or welfare;

(yy) Radio and television broadcasting studios; towers and other support structures, commercial satellite dishes, antennas and equipment buildings necessary for the specific facility are subject to the provisions of Chapter 159;

• (zz) Realtors and real estate offices;

• (aaa) Recreational vehicle parks;

(bbb) Residential uses permitted in the RM Districts shall be permitted in a CW District, provided the residential units are located above the ground floor of commercial structures and the minimum size of such dwelling units shall not be less than what is required in the Building and Housing Code;

• (ccc) Saving and loan offices;

• (ddd) Scientific instrument shops;

• (eee) Skating rinks;

• (fff) Skating rinks within buildings;

• (ggg) Sporting goods stores;

• (hhh) Sports arenas within buildings;

• (iii) Stationery stores;

• (jjj) Stenographic services;

(kkk) Telegraph offices; towers and other support structures, commercial satellite dishes, antennas, and equipment buildings necessary for the specific facility are subject to the provisions of Chapter 159;

• (lll) Television and radio sales and repair stores;

• (mmm) Theaters and auditoriums within buildings;

• (nnn) Toy stores;

• (ooo) Variety stores;

• (ppp) Warehouses;

• (qqq) Watch and clock repair shops;

• (rrr) Wholesale establishments without stocks;

(sss) Wireless telecommunication facilities located within 100 feet of an R District subject to the provisions of Chapter 159; and

(ttt) Medical cannabis testing facilities located above the ground floor of commercial structures, and where no cultivation, processing, or distribution of medical cannabis occurs, subject to the provisions of Chapter 158.

(2) The following conditional uses shall be permitted in the CW Waterfront Commercial District upon the granting of a minor use permit in accord with the provisions of §§ 155.280 through 155.299 of this title. The applicant shall demonstrate and the city shall find that granting of a minor use permit will not diminish recreational or visitor-serving opportunities.

(a) Medical cannabis transportation facilities, located separate from a distribution facility and located above the ground floor of commercial structures, and subject to the provisions of Chapter 158.

(3) Any other use which is determined by the Planning Commission to be similar to the listed conditional uses and which conform to the policies of the land use plan. In making such a determination, in addition to the findings prescribed in §§ 155.280 through 155.299 of this title, the Planning Commission must find:

(a) That consideration of all determinable characteristics of the use that is subject to the application indicates that the use has the same essential characteristics as a permitted or conditional use;

(b) That the use conforms to the purposes of the CW Waterfront Commercial District;

(c) That the use will not create significantly more vehicular traffic or congestion than associated with permitted or conditional uses; or

(d) That the proposed use will not negatively affect recreation or visitor-serving facilities and coastal-dependent uses. (‘63 Code, § 10-5.29113)

(E) Off-street parking. Off-street parking facilities shall be provided for each use as prescribed in §§ 155.155 through 155.124 of this title.

('63 Code, § 10-5.29114)

(F) Off-street loading. Off-street loading facilities shall be provided for each use as prescribed in §§ 155.135 through 155.141 of this title.

('63 Code, § 10-5.29115)

(G) Signs. No sign, outdoor advertising structure or display of any character shall be permitted except as prescribed in §§ 155.155 through 155.169 of this title.

('63 Code, § 10-5.29116)

(H) Site plan review and architectural review. All permitted uses shall be subject to site plan review as prescribed in §§ 155.180 through 155.188 of this title. Conditional uses shall be subject to architectural review. ('63 Code, § 10-5.29117)

(Ord. 417-C.S., passed 12-6-84; Am. Ord. 663-C.S., passed 11-19-02; Am. Ord. 757-C.S., passed 10-19-10; Am. Ord. 786-C.S., passed 8-21-12; Am. Ord. 810-C.S., passed 5-19-15; Am. Ord. 842-C.S., passed 7-19-16; Am. Ord. 847-C.S., passed 9-20-16) Penalty, see § 150.999