SEC. 240.4. WATERFRONT SPECIAL USE DISTRICT NO. 4.

The following provisions shall apply within Waterfront Special Use District No. 4:

(a) Accessory Uses Related to Maritime Uses. A related minor use that is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission and that is either necessary to the operation or enjoyment of a Maritime Use, as defined in Section 102 of this Code, or is appropriate, incidental, and subordinate to any such use, shall be permitted as an accessory use when located on the same lot, provided that the minor use does not itself occupy more than one-third of the site area occupied by such minor use and the principal or conditional use to which it is accessory, except in the case of accessory off-street parking and loading.

(b) Principal Uses. Principal uses shall include:

(1) Maritime Uses as defined in Section 102 of this Code.

(2) Any use that is listed in this Code as a permitted use in the district established by Section 201 applicable to the particular property involved shall be permitted as a principal use if the use is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission.

(c) Conditional Uses. Conditional uses shall include any use that is listed in this Code as a conditional use in the district established by Section 201 applicable to the particular property involved, provided that the use is identified as an acceptable, existing, or interim land use in the Waterfront Plan adopted by the Port Commission. The specific use or uses

requiring a conditional use within a project, and not the project in its entirety, shall be subject to the provisions set forth in Section 303 and Article 3.5 of this Code and subsection (d) below.

(d) Any new development (excluding alterations to existing development) on property under the jurisdiction of the Port Commission that requires a Port lease of more than 10 years, and includes an area of at least 1/2 acre (excluding the area of public streets and alleys) shall be subject to review of the urban design of the proposed use by the waterfront design review process, as provided under Section 240(c) of this code.

(e) In considering any application in this special use district under Section 303 of this Code, the Planning Commission shall consider the following criteria along with the criteria set forth in Section 303(c). Only the specific use or uses requiring a conditional use within a project, and not the project in its entirety, shall be subject to the following criteria: (1) That such use or feature as proposed is consistent with the Waterfront Plan adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan; and

ion 303(c). Only the specific use or uses requiring a conditional use within a project, and not the project in its entirety, shall be subject to the following criteria: (1) That such use or feature as proposed is consistent with the Waterfront Plan adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan; and

(2) That the design of such use or feature as proposed is consistent with the Waterfront Plan urban design, historic preservation, and public access goals, policies, and objectives adopted by the Port Commission, including any amendments thereto which the Planning Commission has found to be consistent with the General Plan. (Added by Ord. 157-23, File No. 230503, App. 7/28/2023, Eff. 8/28/2023)