Chapter 17.23 — CW WATERFRONT COMMERCIAL DISTRICT

• A. The purpose of the CW waterfront commercial district is to provide for a mixture of commercial shops and services, accommodation uses, and public services in the downtown area which is adjacent to Beachfront Park and the Crescent City harbor area which serves a mixture of tourists, seasonal and year-round residents.

• B. No land, building or structure shall be used, nor shall any building or structure be constructed, erected, altered, added to, enlarged or moved for any purpose or in any manner except in compliance with these regulations.

• (Ord. 695 § 2, 2003)

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 residentialonly 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)

• A. Parking. See Chapter 17.42 for parking requirements.

• B. Fencing. See Chapter 17.40 for fencing requirements.

• C. Signs. See Chapter 17.38 for sign requirements.

• (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)