The W-R Waterfront Revitalization District is designed to support a transition away from the heaviest industrial uses along the City's waterfront and permit a combination of uses which support an emerging economy more focused on innovation and connection than on extraction and fabrication. At the same time, the intent of the district recognizes that the existing conditions on these sites have been profoundly shaped by their industrial past and remain suitable for certain types of such uses due to their locational assets, and further recognizes that they remain desirable to preserve and balance the City's tax base and employment opportunities. The W-R district is structured mainly to preserve and protect the waterfront and natural resources while allowing appropriate and suitable development.

(Ord. No. 802, § 1, 12-14-2020)

In a W-R Waterfront Revitalization District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses:

(1)

Any generally recognized retail business, which supplies commodities on the premises within a completely enclosed building, such as, but not limited to: Foods, drugs, liquor, furniture, clothing, dry goods, notions, or hardware.

(2)

Retail uses which have an industrial character in terms of either their outdoor storage requirements or activities (such as, but not limited to: lumber yard, building materials outlet, upholsterer, cabinet maker, outdoor sales of boats, house trailers, automobile garages, or agricultural implements).

(3)

Business establishments that perform services on the premises, such as, but not limited to: Banks, credit unions, loan companies, insurance offices and real estate offices.

(4)

Professional services including the following: Offices of doctors, dentists and similar or allied professions.

(5)

Offices and office buildings of an executive, administrative or professional nature.

(6)

Sit-down restaurants and taverns.

(7)

Fast food sit-down restaurant as defined in this chapter.

(8)

Outdoor eating areas, subject to the following requirements:

a.

They are located and maintained entirely on privately-owned land.

b.

They are accessory to a sit-down restaurant on the same premises.

c.

They shall have been reviewed and approved by local or county health agencies prior to review and approval by the planning commission.

d.

They shall be fenced and when located next to a residential district, shall be screened in accordance with the applicable requirements of Article XXVII in this chapter.

e.

The outdoor eating area is made part of the license of the principal use.

(9)

Theaters, assembly halls, concert halls, banquet halls, or similar places of assembly when conducted completely within enclosed buildings.

(10)

Hotels

(11)

Motel or motor hotel, subject to the following conditions:

a.

Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare.

b.

Each unit shall contain not less than 250 square feet of floor area.

c.

No guest shall establish permanent residence at a motel for more than 30 days within any calendar year.

(12)

Private clubs, fraternal organizations, and lodge halls.

(13)

Bowling alley, billiard hall, indoor archery range, indoor tennis courts, indoor skating rink, or similar forms of indoor commercial recreation when located at least 100 feet from any front, rear, or side yard of any residential lot in an adjacent residential district.

(14)

Commercial outdoor recreational and sport uses, including golf driving ranges, miniature golf and its variations, archery ranges, court games, vehicle tracks and courses, including remote control miniature boats, aircraft or vehicles, and similar uses excluding firearm ranges, subject to the following conditions:

a.

There shall be no adverse off-site impacts, including those of sound, smoke, odor, dust, radio waves and similar sensory effects. Adequate fencing and screening shall be provided so that any driven or batted balls or airborne objects shall be contained on site within a designated area.

b.

All lighting shall be shielded from adjacent residential areas and public rights-of-way, and there shall be no direct off-site glare.

c.

The compatibility of the hours of operation with adjacent uses shall be considered.

d.

Adequate off-street parking designed to accommodate peak use, as estimated by the planning commission, shall be provided.

e.

The erection and permanent year-round maintenance in sound condition, good repair, and visibly attractive condition of all screens, fences, equipment, storage buildings and lighting shall be provided.

f.

The planning commission may impose limits on signs.

g.

All food and beverage concessions and sales shall be clearly accessory to the principal use.

(15)

Marina, boat dock.

(16)

Pet day care, pet grooming or other pet service establishments, with overnight stay, subject to the following conditions:

a.

Boarding of pets shall not be allowed outdoors.

b.

Size of pet grooming area.

Minimum of 15 square feet with:

Minimum width dimension: Three feet.

Minimum depth dimension: Three feet.

c.

Each grooming facility shall be equipped with at least a bathtub, a grooming table, hot and cold running water, a drier, clippers, combs, brushes, and shears. All equipment must be sterilized after each use and kept in sanitary condition.

d.

Pets must be securely confined. Pets shall not be allowed to wander at large.

e.

Only pets of the same household and/or with the consent of the owner(s) may be caged together. Only compatible pets may be caged together.

f.

Each primary enclosure with steel grate flooring shall contain a solid resting surface. All primary enclosures shall allow each pet to turn around, exercise normal postural movements, and to experience necessary socialization with cage mates one square foot minimum for small and medium pets and two square feet minimum for large pets, that is water resistant and can be cleaned and sanitized. Primary enclosures are those pet enclosures in which the pet normally rests or sleeps (also referred to as temporary housing).

g.

Primary enclosures shall be structurally sound and maintained in good repair to protect the pets from injury, to contain them, and to keep predators out. Primary enclosures shall be constructed such that they can be routinely maintained to allow pets to stay dry and clean (as appropriate for the species) and to provide convenient access to clean food and water.

h.

All the surfaces of the primary enclosure must be constructed of a material that is water resistant and can be cleaned and sanitized.

i.

All buildings with overnight stay shall provide a filtration system to protect air quality and shall be insulated so as to contain excessive noise.

j.

Each facility shall have an indoor or outdoor pet exercise area. The exercise area must measure at least three feet by eight feet, with a covered top.

k.

Interior building surfaces, including walls, ceilings, and floors shall be constructed so as to be water resistant and capable of being readily cleaned and maintained.

l.

Readily accessible washrooms or sinks shall be provided, convenient to all work areas, to ensure maintenance of personal hygiene by pet caretakers. A sink in good repair shall be provided for washing and sanitizing equipment and utensils. Single service soap and towel dispensers must be available at all hand washing sinks.

m.

All facilities shall be adequately ventilated with fresh or filtered air to minimize drafts, odors and moisture condensation and to provide for the health and comfort of the pets at all times. Ventilation shall be provided by either natural or mechanical means. The necessary equipment or comparable means shall be provided to exhaust the air from the pet area to outside of the building.

n.

The groomer must keep the grooming area, and exercise area if necessary, disinfected, clean, and sanitary at all times.

o.

Pet waste areas, either indoor or outdoor, shall be constructed of a hard surface that is easily cleaned. Such areas shall be connected to a sanitary system.

p.

Drying cages shall be:

1.

Kept clean and sanitary.

2.

Large enough to comfortably contain the pet. The pet shall be able to stand, lie down, and turn around. The recommend dimensions are: 22 inches to 24 inches wide, by 24 to 28 inches high, by 30 to 34 inches deep.

q.

Outdoor areas where pets will be allowed shall:

1.

Not be within 300 feet of a residential district.

2.

Permitted only in the rear and side yards.

3.

Have a setback a minimum of 20 feet from the property line and landscaped with one canopy tree, one evergreen tree and four shrubs per each 30 linear feet along the property line, rounded upward.

4.

Be fully enclosed by a six-foot screening fence or wall providing full containment for the pets in accordance with Article XXVII, Screening Devices and Landscaping.

r.

All pets shall be kept indoors from 9:00 p.m. to 7:00 a.m.

s.

A written statement of operating procedures must be submitted, such as those recommended by the Pet Care Services Association or the American Kennel Club. The procedures, which are to be followed for the life of the business, must address, at a minimum, the following items:

1.

Identification and correction of pet behavior that impacts surrounding uses, including excessive noise (barking).

2.

The time interval anticipated for waste removal and method of clean up.

3.

Identification of the hours of operation and timing of shift changes, if applicable.

4.

Indication of staffing levels during all shifts and the qualifications of each staff member.

5.

Membership in the Voluntary Facilities Accreditation program via the Pet Care Services Association is strongly encouraged.

(17)

Trade or industrial schools.

(18)

Business schools and colleges or private schools, operated for profit.

(19)

Green houses.

(20)

Any use charged with the principal function of basic research design, and pilot or experimental product development when conducted within a completely enclosed building. The growing of any vegetation requisite to the conducting of basic research shall be excluded from the requirement of enclosure.

(21)

Any of the following uses when the manufacturing, compounding, or processing is conducted wholly within a completely enclosed building.

a.

The manufacture, compounding, processing, packaging, or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries, and food products.

b.

The manufacture, compounding, assembling, or treatment of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, elastomers, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, rubber, precious or semiprecious metals or stones, sheet metal, shell, textiles, tobacco, wax, wire, wood (excluding saw and planing mills), and yarns.

c.

The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

d.

Manufacture of musical instruments, toys, novelties, and metal or rubber stamps, or other small, molded rubber products.

e.

Manufacture or assembly of electrical appliances, electronic instruments and devices, radios, and phonographs.

f.

Laboratories: experimental, film, or testing.

g.

Manufacture and repair of electronic or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves, and the like.

h.

Central dry-cleaning plants or laundries, provided that such plants shall not deal directly with consumers at retail.

i.

Manufacture of battery production for electric vehicles;

j.

All public utilities, including buildings, necessary structures, storage yards and other related uses.

k.

Other manufacturing, compounding, or processing uses which will not create noise, glare, heat, smoke, or other external impacts as determined by the planning commission.

l.

Offices and office uses.

(22)

Logistics park;

(23)

Vehicle mixing center;

(24)

Fulfillment centers;

(25)

Other uses of a similar and no more objectionable character to the above uses.

(26)

Accessory buildings and uses customarily incident to any of the above permitted uses.

(Ord. No. 802, § 1, 12-14-2020)

(a)

Self-storage facilities with or without resident manager quarters, including outdoor storage areas, provided such outdoor storage area shall be located in the rear yard or in an interior side yard on the same property with the principal permitted use. When such area is located next to a zoning district other than an I-Industrial District, the area shall be screened from view in accordance with the applicable requirements of Article XXVII in this chapter. When a resident manager's living quarters are included, the dwelling unit shall meet the minimum applicable floor area requirements in this chapter.

(b)

Storage facilities for building materials, and gravel, stone, and lumber. Storage of contractor's equipment and supplies, provided such is enclosed within a building or within an obscuring masonry wall and intense landscape planting screen on those sides abutting a more restrictive district or a public thoroughfare. In any I-1 District, the height of the wall may be determined by the building department or the planning commission in accordance with the standards set forth in Article XXII in this chapter.

(c)

Use of the site as a truck depot (which is defined as any use of the property for home-based truck operations to be dispatched and returned to the site for future dispatches or for the long term (in excess of five business days) parking of empty trucks or trailers;

(d)

Shipping container yard. When containers, materials, etc., are stacked outdoors, the use shall be entirely screened from view at six feet above grade of West Jefferson and adjoining non industrial properties with a fence, berm, building, or other device acceptable to the planning commission.

(e)

Heating and electric power generating plants.

(f)

Warehouse, storage, and transfer, and electric and gas service buildings and yards. Public utility buildings, telephone exchange buildings, electrical transformer stations and substations, and gas regulator stations. Water supply and sewage disposal plants. Water and gas tank holders.

(g)

Lumber and planing mills when completely enclosed within a building. When the property line abuts any other district but an I-Industrial District the hours of operation shall be limited to 8:00 a.m. to 6:00 p.m. and the decibels shall not exceed 90 along any property line.

(h)

Recycling plants or recycling processing facilities when all activities are within a fully enclosed building.

(i)

The import, export and otherwise transfer to or from the site of machinery, equipment and materials and products (together with the on-site storage thereof subject to the limitations contained in) only as may be required for operation of the site;

(j)

The receipt and use of fuel on the site only as may be required for the operation of the site. For purposes hereof, "fuel" means petroleum, oil, gasoline, propane, and # 2 diesel (provided the same is confined in industry standard containers). Natural gas may be supplied to the site by pipeline. No fuel may be trans-loaded on the site; the use of such machinery, equipment, materials and products, subject to the permit conditions set forth above; the transfer of such machinery, equipment, materials and products from, to and among the various forms of water, rail and truck transportation.

(k)

Any use which may be determined by the city council, after recommendation by the planning commission, to be of the same general character as the uses permitted herein. The city council may stipulate a greater setback than the minimum required in the district and impose reasonable performance standards to insure maintenance of the public health, safety, and general welfare of the community around the use and of the city as a whole.

(l)

Accessory buildings and uses customarily incidental to any of the above permitted uses.

(Ord. No. 802, § 1, 12-14-2020)

(a)

Any storage of petroleum-coke (which is defined as a black solid nonvolatile residue which is obtained as the final still product in the distillation of crude petroleum) or any derivative thereof, including calcinated pet coke, desulphurized pet coke, and aluminum alloy containing pet coke;

(b)

Any storage, inside or out, on, or imported to, or exported from, the site of (i) any explosives (defined as any article or device which is designed to function by explosion), (ii) any radioactive materials, (iii) any "hazardous waste" (as defined in the federal Resource Conservation and Recovery Act, 42 USC 6901 et seq. and the regulations promulgated thereunder at 40 CFR Parts 261 as attached and amended from time to time) unless otherwise (A) permitted by Resolution Part I above and (B) permits are obtained from City, State, county or federal authorities for storage, handling and transport thereof if required by Law; (iv) any toxic substances which are liable to cause death or serious injury to human health if inhaled, swallowed or by skin absorption, and (v) any biohazards.

(c)

Junk yards when outdoors; parking and / or storage of disabled or damaged vehicles.

(d)

Commercial incineration or other forms of waste treatment.

(e)

Petroleum or other inflammable liquids, production, refining, or storage.

(f)

Smelting of metallic ores or compounds, such as copper, iron, or zinc ore.

(g)

Tire manufacturing.

(h)

Recycling plants or recycling processing facilities (materials recovery facilities) when done outdoors or with outdoor storage.

(i)

Waste transfer facilities.

(Ord. No. 802, § 1, 12-14-2020)

The following conditions shall apply where applicable to all uses permitted in the district and all special uses shall be subject to review by the Planning Commission at a duly advertised public hearing:

(1)

When outdoor storage area shall be provided in conjunction with the use, it shall be located in the rear yard or in an interior side yard, except property on which the principal use will be outdoor storage the minimum front yard setback requirement of the district shall be provided along with additional requirements in this section. Any outdoor storage area that abuts a non-industrial district or use shall be screened from view in accordance with the applicable requirements of Article XXVII, in this chapter.

(2)

All business, servicing, or processing, except for off-street parking, loading and unloading, staging, and outdoor storage permitted in the district, shall be conducted within completely enclosed buildings.

(3)

The parking of commercial used or licensed vehicles will be permitted in the rear yard only, and any such vehicle shall be clearly incidental to the permitted use. The parking of any such vehicle shall be limited to operable vehicles which are moved off the site on a regular basis and shall not include those used for storage, sales, and/or advertising.

(4)

Except where otherwise regulated in this article, see Article XXIV, Schedule of Regulations, in this chapter limiting the height and bulk of building, and building setbacks.

(5)

A truck traffic study.

(6)

All uses require permits from State, county and/or federal authorities when required by Law;

(7)

Consult Article XXVI, Off-Street Parking, Loading and Layout Standards, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.

(8)

Consult Article XXVII, Screening and Landscaping, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district. In addition to the standards set forth in that Article, a screening device shall also be required between an industrial use and an existing adjoining non-industrial use; in such instance, the Planning Commission may permit a landscaped planting screen.

(9)

Consult Article XXVIII, Site Plan Review, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district. The Planning Commission may limit the scope of the required Impact Assessment as described in that Article for uses of a purely commercial nature which are principally permitted in the W-R district, upon a finding that no good purpose would be served by requiring the portions of the Assessment proposed for exemption.

(10)

Consult Article XXIX, General Provisions, in this chapter regarding compliance with the requirements of these sections as they may apply to various uses permitted in the district.

(11)

Consult Article XXXIII, General Exceptions, in this chapter regarding exceptions to certain regulations as they may apply to certain uses permitted in this district.

(Ord. No. 802, § 1, 12-14-2020)