The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building coverage area means the land area covered by permanent enclosed or open structures.

Building coverage ratio means a figure which expresses the total gross building coverage area as a multiple of the gross site area. This figure is determined by dividing the building coverage area by the gross site area.

Development means the carrying out of any building, engineering or other operations on, over or under land, or the making of any significant change in the use of any building or land.

Disposal means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste or any hazardous waste into or on any land, water or into the air so that such solid waste or hazardous waste or any constituent thereof may enter the environment to be emitted into the air, or discharged into any waters, including ground waters.

Drive through facility means a facility which accommodates automobiles and from which the occupants of the automobiles may make purchases or transact business, including the stacking spaces in which automobiles wait. Examples include, but are not limited to, drive-up windows, menu boards, order boards or boxes, drive-in restaurants, drive-up banks and automated teller machines, and drive-up pharmacies. Drive through facilities shall not include the parking spaces used for customer pick-up or loading of goods or products purchased on-site or prior to the customer's arrival, or parking and loading spaces used for the donation of secondhand goods.

Emergency shelter for the homeless shall be defined as that term is defined in section 48-2 of this Code.

Hazardous waste means a solid waste or combination of solid wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating, irreversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed.

Hazardous waste management means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery and disposal of hazardous waste.

Major development means all proposed development other than minor developments.

Minor development means a proposed development that meets the following criteria:

(1)

For commercial and industrial uses:

a.

The parcel's river frontage is less than 250 feet;

b.

The parcel on which the development will occur is less than 1½ acre.

(2)

For residential uses, there are no more than four units.

(3)

Expansion not exceeding 2,500 square feet as an addition to an existing building.

Riverfront means property on the Christina River and the Brandywine Creek below Market Street, the bulkhead lines established by the secretary of the army or by the former board of port wardens of the city; on the Brandywine Creek above Market Street, the bank line of the elevation of the spillway of the next lower dam.

Solid waste means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining and agricultural operations, and for community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under 7 Del. C. ch. 60 (7 Del. C. § 6001 et seq.), as amended or source, special nuclear or byproduct material as defined by the Atomic Energy Act of 1954, as amended.

Solid waste management services means services including but not limited to the collection, transportation, storage, transfer, processing, recycling or disposal of solid wastes.

Solid waste storage means the containment of solid waste or of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such solid waste or hazardous waste.

Storage means accumulation or holding of goods, merchandise or commodities for future use, but not including shortterm placement, 90 days or less, of goods or merchandise in transit.

Transport means the movement of waste from the point of generation to the point of storage, treatment or disposal.

Used oil means any oil which has been: (1) refined from crude oil, (2) used, and (3) as a result of such use contaminated by physical or chemical impurities, and as further defined or clarified by section 48-2 as amended.

Waterfront zoning districts means the area within the city limits extending along the Christina River and Brandywine Creek that is designated W-1, W-2, W-3, or W-4 on the zoning map of the city.

(Code 1968, § 48-40.1(b); Ord. No. 92-056(sub 1), § 1, 12-7-92; Ord. No. 21-040, § 1, 10-7-21)

Cross reference— Definitions and rules of construction generally, § 1-2.

The purpose of this division is to designate in-town waterfront zoning districts along the Christina River and Brandywine Creek and to create a process for the review and approval of development proposals for land within those districts. Further, the purpose of this section is to encourage appropriate development while protecting and enhancing the significant resources found in the waterfront zoning districts by creating standards for the approval of such development.

(Code 1968, § 48-40.1(a))

In case of any permitted chemical process or any other manufacturing process that involves hazard from fire or explosion, or any activity involving the storage, including any underground storage, the use or the disposal of any hazardous substances in waterfront zoning districts, no permit shall be granted unless or until the zoning board of adjustment has determined that the applicant has employed technology reasonably available to each particular industry for the control of such incidental hazards and all applications for permits shall be subject to the provisions of this Code and all applicable federal and state laws and regulations, and the approval of the fire marshal. All such cases shall be reviewed by the environmental and technology advisory panel which shall advise the zoning board of adjustment prior to its hearing and decision in each such case.

(Code 1968, § 48-40.1(c)(2); Ord. No. 93-010(sub 1), § 3, 7-8-93)

All uses to be established in waterfront zoning districts shall be permitted only upon evidence of their ability to operate in compliance with current standards for sound, vibration, heat discharge, glare, odor, air quality and water quality, as applicable under federal or state laws and regulations and city ordinances. All manufacturing or heavy commercial uses shall be reviewed by the zoning board of adjustments in order that the owner or operator shall demonstrate that the uses meet the standards of external effects. The environmental and technology advisory panel shall advise the zoning board of adjustment prior to its hearing and decision in each such case.

(Code 1968, § 48-40.1(c)(3); Ord. No. 93-010(sub 1) § 3, 7-8-93)

(a)

Open air storage of junk, scrap metal, scrap or junked automobiles, scrap paper or rags, storage of used or secondhand lumber and other salvaged building material, and any use constituting a junkyard, and operations involving melting or mixing of asphalt, bituminous materials or cement or bituminous concrete or other materials and which produce odors, fumes, dust, smoke, vapors or other emissions observable by the human senses are prohibited in waterfront districts. All such existing uses shall become nonconforming uses subject to the following requirements:

(1)

Such uses shall become effectively screened from view from the rivers and their banks from the effective date of any rezoning ordinance by which any such use becomes subject to the provisions of this section. The city shall assist the owners of such uses in landscape design and specifications, at the owner's request, but all design and specifications shall be subject to the approval of the planning department.

(2)

All such uses shall be subject to the registration requirements of section 48-38(d).

(b)

It is the policy of the city to promote high quality mixed use development in the waterfront zones and such development is inconsistent with the continuation of existing prohibited uses. It is the city's belief that existing prohibited uses will voluntarily relocate at such time as waterfront redevelopment activity generates economic forces which induce redevelopment of parcels presently utilized for the aforesaid prohibited uses. However, it is the city's intent to require the termination of existing prohibited uses when the city determines that the continuation of such uses is acting as an impediment to the fulfillment of high quality mixed use development objectives. As a matter of public policy, the continuation of such existing prohibited uses is acting as an impediment to the fulfillment of high quality mixed use development objectives and such uses are hereby declared to be subject to the provisions of section 48-38(c), as amended regarding the elimination of such uses.

(c)

In any waterfront district, the use of barging operations for the bulk transfer, delivery, or on/off loading at any wharf, pier, bulkhead, or other structure over or contiguous to navigable water, from or to any tank vessel, ship, barge, or other mobile floating craft of any volatile solvents, acetic acid, creosols, light alcohols, liquid petroleum, and petroleum products, except kerosene (K1 and K2, home heating oil), fuel oil no. 2 and lubricants, is prohibited if the total volume of any of such prohibited fuels or chemicals exceeds 100 gallons, whether in such tank vessel, ship, barge, or other mobile floating craft itself, or in one or more containers, in order to assure that people and property are not unreasonably and unnecessarily exposed to the potential for explosion and thermal radiation hazards caused by such hazardous substances.

(d)

The re-refining or recycling of used oil and any processes related and accessory thereto shall be prohibited in all waterfront districts.

(Code 1968, § 48-40.1(c)(1); Ord. No. 91-046, § 1, 10-3-91; Ord. No. 92-053(sub 1), § 1(k), 7-2-92; Ord. No. 92-056(sub 1), § 1, 12-7-92)

From and after December 8, 1987, any operation not existing, licensed and actively conducted as of such date that involves in whole or in part the transport to, or the on-site storage for any period of time, or the disposal of any solid waste or of any hazardous waste materials including solid waste management services or hazardous waste management of either of such wastes generated off-site, shall be prohibited in all W-1 and W-2 waterfront districts, with the exception of the temporary parking of any city-owned motor vehicle to be repaired at any city-owned facility existing as of such date, or any municipal recycling and recovery operations including but not limited to consumer recycling collection centers, and any chlorofluorocarbon recovery operations, including temporary storage of refrigerators awaiting chlorofluorocarbon recovery and refrigerators from which chlorofluorocarbons have been recovered and that are awaiting transport elsewhere. All such uses existing, licensed, and actively conducted as of such dates, as may be applicable, shall become nonconforming uses, shall be subject to the registration requirements of section 48-38(d) of this Code, and shall be subject to the conditions set forth in section 48-336 for W-1 districts or section 48-337 for W-2 districts. In W-1 districts, no emergency shelter for the homeless shall be permitted. The storage of used motor oil recovered from motor vehicles that are owned or leased by the owner or operator of a lawful use of land, if such motor oil is recovered in the course of ordinary maintenance of such vehicles, shall be permitted in W-1 and W-2 zoning districts.

(Code 1968, § 48-40.1(c)(5); Ord. No. 93-052(sub 1), § 2, 11-4-93)

From and after December 8, 1987, any operation involved in whole or in part with the transport to or the on-site storage or disposal of any solid waste or of any hazardous waste materials including solid waste management services or hazardous waste management of either of such wastes generated off-site, shall be prohibited in all W-3, and W-4 waterfront districts. All such existing uses shall become nonconforming uses and shall be subject to the registration requirements of section 48-38(d).

The on-site collection, temporary storage and off-site disposal of incidental waste products that are generated accessory to an otherwise permitted use are not considered to be included in solid waste or hazardous waste management service provisions as defined or as construed for purposes of this section.

(Code 1968, § 48-40.1(c)(4); Ord. No. 98-147(sub 2), § 2, 12-7-00)

(a)

Purpose. The W-1 waterfront manufacturing district provides areas where manufacturing and heavy industrial uses are well established and where there are suitable sites for such uses served by rail, water and highway networks.

(b)

Uses permitted as a matter of right. The following uses are permitted as a matter of right:

(1)

Any manufacturing, fabricating, processing or repair establishment.

(2)

Warehousing or wholesale sales.

(3)

Laboratory, research or testing.

(4)

Carting, express, moving or building terminal or yard.

(5)

Bulk fuel storage.

(6)

Office, only as an accessory use to another use permitted under this section.

(7)

A sign other than a billboard.

(8)

A dwelling or apartment for a caretaker, watchman or janitor employed upon the premises.

(9)

Storage of construction material or other dry commodities in a series of separate piles each covering one acre or less, subject to the provisions of section 48-352(4). Materials which are subject to erosion by wind shall be protected by vegetative, or other cover, or effective chemical treatment. Materials which are subject to erosion by water or leaching shall be protected through effective soil and sediment control measures.

(10)

Group day care homes and day care centers; provided, however, that any such day care facility is an accessory use to the primary use on the premises and that the parking requirements in section 48-443 are met.

(11)

Consumer recycling collection centers, without restrictions of hours of operations.

(12)

Restaurants/lunchrooms.

(13)

Public service uses.

(14)

All antenna uses, except tower farms; provided that, such antenna shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(15)

Indoor commercial horticultural operation.

(16)

Marijuana cultivation facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(17)

Marijuana product manufacturing facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(18)

Marijuana testing facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(19)

Retail marijuana store, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(c)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions that the proposed development will be consistent with the waterfront review standards and not preclude the development of those uses permitted as a matter of right:

(1)

Office not an accessory use to another use permitted above under subsection (b) of this section.

(2)

Retail store or service, subject to the limitation on hours of operation contained in section 5-78 of this Code.

(3)

Residential use other than a dwelling permitted under subsection (b)(8) of this section and detached single-family dwellings. Family day care homes.

(4)

Hotel or motel.

(5)

Passenger terminal, helicopter.

(6)

Public utility and public service uses.

(7)

Reserved.

(8)

Bed and breakfast guest facility as provided in section 48-246(b)(15).

(d)

Conditional uses. The following uses are permitted as conditional uses as set forth in this section:

(1)

Any existing operation that is involved in whole or in part with the transport to or the on-site storage or disposal of solid waste or of hazardous waste materials as of December 8, 1987, as set forth in section 48-334, may continue, provided that within 18 months after such date and continuing thereafter:

a.

Any such use shall be effectively screened year-round from view from the rivers of the waterfront and their banks. The city shall assist the owner of any such use in landscape design and specifications if the owner so requests in writing, but all designs and specifications shall be subject to the approval of the zoning administrator;

b.

Any area of any properties so used which is utilized for parking or storage of motor vehicles shall be landscaped so as to screen effectively and year-round any such area from view from access streets, freeways and adjacent properties;

c.

All outdoor parking or storage of motor vehicles shall be set back a minimum of 30 feet from the riverfront; and

d.

Any such operation is conducted in compliance with the applicable requirements of federal and state law and of this Code.

(Code 1968, § 48-40.1(d); Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 05-050(sub 4), § 9, 7-13-06; Ord. No. 10-041(sub 1), § 17, 10-7-10; Ord. No. 19-033, § 4, 7-11-19; Ord. No. 25-013(sub 1), § 5, 5-1-25)

(a)

Purpose. The W-2 waterfront manufacturing/commercial district provides for areas where manufacturing uses are well established and where commercial development is suitable because of locations near arterial highways.

(b)

Uses permitted as a matter of right. The following uses are permitted as a matter of right:

(1)

Any manufacturing fabricating, processing or repair establishment.

(2)

Warehousing and wholesale sales.

(3)

Laboratory, research or testing.

(4)

Carting, express, moving or building terminal or yard.

(5)

Automobile services shall comply with the provisions contained in section 5-78 of this Code.

(6)

Office, bank or other financial institution.

(7)

Retail store or service, subject to the limitation on hours of operation contained in section 5-78 of this Code.

(8)

Commercial marine use.

(9)

Commercial recreation.

(10)

Hydropower facility.

(11)

A sign other than a billboard.

(12)

Commercial parking structure or lot.

(13)

A dwelling or apartment for a caretaker, watchman or janitor employed upon the premises.

(14)

Outdoor storage of construction material or other dry commodities in a series of separate piles each covering one acre or less subject to the provisions of section 48-356. Materials which are subject to erosion by wind shall be protected by vegetative or other cover, or effective chemical treatment. Materials which are subject to erosion by water or leaching shall be protected through effective soil and sediment control measures.

(15)

Group day care homes and day care centers; provided, however, that any such day care facility is an accessory use to the primary use on the premises and that the parking requirements in section 48-443 are met.

(16)

Consumer recycling collection centers, without restrictions of hours of operations.

(17)

Restaurants/lunchrooms.

(18)

Public service uses.

(19)

All antenna uses, except tower farms; provided that, such antenna shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(20)

Indoor commercial horticultural operation.

(21)

Marijuana cultivation facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(22)

Marijuana product manufacturing facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(23)

Marijuana testing facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(24)

Retail marijuana store, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(c)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions that the proposed development will be consistent with the waterfront review standards and will not preclude the development of those uses permitted as a matter of right:

(1)

Residential use other than a dwelling permitted under subsection (b)(13) of this section, and detached single-family dwellings. Family day care home.

(2)

Public utility uses.

(3)

Passenger terminal, helicopter.

(4)

Hotel or motel.

(5)

Reserved.

(6)

Nonprofit charitable institutions not correctional in nature.

(7)

Bed and breakfast guest facility as provided in section 48-336(c)(8).

(8)

Emergency shelter for the homeless, subject to the requirements specified for such use in C-2 districts under section 48-193(c)(18) and subject to the conditions specified for such use in M-1 districts under section 48-246(b)(17).

(d)

Conditional uses. The following uses are permitted as conditional uses as set forth in this section:

(1)

Any existing operation that is involved in whole or in part with the transport to or the on-site storage or disposal of solid waste or of hazardous waste materials as of December 8, 1987, as set forth in section 48-334, may continue, provided that within 18 months after such effective date:

a.

Any such use shall be effectively screened year-round from view from the rivers of the waterfront and their banks. The city shall assist the owner of any such use in landscape design and specifications if the owner so requests in writing, but all designs and specifications shall be subject to the approval of the zoning administrator;

b.

No outdoor parking or storage of motor vehicles that are used for the collection and transport of solid waste or of hazardous waste materials shall be permitted overnight or for any longer period of time. Any such parking or storage of motor vehicles shall be done in a fully enclosed building;

c.

Any outdoor parking of any motor vehicles shall be set back a minimum of 30 feet from the riverfront; and

d.

Any such operation is conducted in compliance with the applicable requirements of federal and state law and of this Code.

(Code 1968, § 48-40.1(e); Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 05-050(sub 4), § 10, 7-13-06; Ord. No. 10-041(sub 1), § 18, 10-7-10; Ord. No. 19-033, § 5, 7-11-19; Ord. No. 25-013(sub 1), § 5, 5-1-25)

(a)

Purpose. The W-3 low intensity waterfront manufacturing/commercial recreation district provides areas for low intensity development that are appropriate to existing land conditions and the level of public utility and transportation services available, and includes areas with significant recreational and scenic resources.

(b)

Uses permitted as a matter of right. The following uses are permitted as a matter of right:

(1)

Wholesale storage and warehousing.

(2)

Publishing.

(3)

Laboratory: Research and testing.

(4)

Any light manufacturing, processing, fabricating or repair establishment.

(5)

Indoor commercial horticultural operation.

(6)

Commercial marine use.

(7)

Commercial recreation, but not including amusement game machines, nor arcades.

(8)

Retail store or service supporting recreational or marine facilities, subject to the limitation on hours of operation contained in section 5-78 of this Code.

(9)

A dwelling or apartment for a caretaker, watchman or janitor employed on the premises.

(10)

A sign other than a billboard.

(11)

Reserved.

(12)

Family day care home. Group day care homes and day care centers, not subject to the conditions as provided in section 48-131, but subject to the parking requirements in section 48-443.

(13)

Bed and breakfast guest facility as provided in section 48-193(c)(1).

(14)

Restaurants/lunchrooms.

(15)

Neighborhood police station.

(16)

Marijuana cultivation facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(17)

Marijuana product manufacturing facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(18)

Marijuana testing facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(19)

Retail marijuana store, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(c)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the condition that the proposed development will be consistent with the waterfront review standards and will not preclude the development of those uses permitted as a matter of right:

(1)

Residential uses other than dwellings permitted under subsection (b)(9) of this section, and single-family detached dwellings.

(2)

Outdoor storage of construction material or other dry commodities covering one acre or less subject to the provisions of section 48-356.

(3)

Office not an accessory use to another use permitted above under subsection (b).

(4)

Carting, express, moving or hauling terminal or yard.

(5)

Nonprofit charitable institution not of a correctional nature.

(6)

Amusement game machines subject to the conditions specified for such use in C-1 districts, under section 48-191(d)(3).

(7)

Arcade, subject to the conditions specified for such use in C-2 districts under 48-193(d)(4).

(8)

Emergency shelter for the homeless, subject to the requirements specified for such use in C-2 districts under section 48-193(c)(18) and subject to the conditions specified for such use in M-1 districts under section 48-246(b)(17).

(9)

Antenna mounted at a minimum height of ten stories or 100 feet in height above ground level to a rooftop or appurtenant structure located on a building rooftop, such as a penthouse, chimney or mechanical equipment; provided that, such antenna conforms with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(10)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:

a.

Accessory structures are similarly concealed or obscured from view; and

b.

It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(Code 1968, § 48-40.1(f); Ord. No. 93-052(sub 1), § 3, 11-4-93; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 05-050(sub 4), § 11, 7-13-06; Ord. No. 10-041(sub 1), § 19, 10-7-10; Ord. No. 19-033, § 6, 7-11-19; Ord. No. 25-013(sub 1), § 5, 5-1-25)

(a)

Purpose. The W-4 waterfront residential commercial district is designed to provide areas adjacent to the central business district and residential neighborhoods where medium to high density residential, retail and office development can take place.

(b)

Uses permitted as a matter of right. The following uses are permitted as a matter of right:

(1)

Single-family and multifamily residential use, excluding detached single-family dwellings and the conversion of one-family dwellings, but including bed and breakfast guest facilities as provided in section 48-193.

(2)

Library, museum, gallery.

(3)

Private or public school.

(4)

Private club or lodge.

(5)

Office, bank or other financial institution, excluding any drive through facility.

(6)

Retail store and service, subject to the limitation on hours of operation contained in section 5-78 of this Code. This use excludes any drive through facility.

(7)

Hotel or motel.

(8)

Commercial marine use, including fuel service accessory to such use.

(9)

Commercial recreation, but not including amusement game machines, nor arcades.

(10)

Parking lot accessory to a commercial use.

(11)

Printing plant, provided that only sheet-fed presses are used. This use is limited to a maximum of 5,000 square feet per approved use.

(12)

Passenger terminal, rail, bus or helicopter.

(13)

A sign other than a billboard.

(14)

Nonprofit charitable institution not of a correctional nature.

(15)

Indoor theater for the performing arts.

(16)

Restaurants/lunchrooms, excluding any drive through facility.

(17)

Automobile parking for permitted uses.

(18)

Family day care homes. Group day care homes and day care centers, not subject to the conditions as provided in section 48-131, but subject to the parking requirements in section 48-443.

(19)

Public service uses.

(c)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the condition that the proposed development will be consistent with the waterfront development review standards and will not preclude the development of those uses permitted as a matter of right:

(1)

Light manufacturing, provided that no highly flammable or explosive processes are employed. This use is limited to a maximum of 5,000 square feet per approved use.

(2)

Hospital.

(3)

Commercial parking lot or structure.

(4)

Public utilities.

(5)

Wholesale storage, excluding outdoor storage.

(6)

Newspaper office or printing plant other than that provided for in subsection (b)(11) of this section.

(7)

Amusement game machines subject to the conditions specified for such use in C-1 districts, under section 48-191(d)(3).

(8)

Arcade, subject to the conditions specified for such use in C-2 districts under section 48-193(d)(4).

(9)

Emergency shelter for the homeless, subject to the requirements specified for such use in C-2 districts under section 48-193(c)(18) and the conditions specified for such use in M-1 districts under section 48-246(b)(17).

(10)

An antenna that is proposed to be mounted to a building and concealed within an architectural element of the building; provided, that:

a.

Accessory structures are similarly concealed or obscured from view; and

b.

It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(11)

Place of business of a builder, carpenter, caterer, cleaner, contractor, decorator, dyer, dressmaker, electrician, furrier, mason, milliner, optician, painter, photographer, plumber, roofer, shoemaker, tinsmith, upholsterer, and similar non-nuisance businesses; provided, that power propelling units of not more than five horsepower are used for processing equipment or machinery. These uses are limited to a maximum of 5,000 square feet per approved use. The outdoor/exterior storage of materials and equipment, as well as automobile/truck repair services, are prohibited.

(12)

Marijuana testing facility, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(13)

Retail marijuana store, subject to the buffer zone requirement set forth in section 48-481 of this Code.

(Code 1968, § 48-40.1(g); Ord. No. 97-026(sub 1), § 1, 7-10-97; Ord. No. 05-050(sub 4), § 12, 7-13-06; Ord. No. 10-041(sub 1), § 20, 10-7-10; Ord. No. 14-030, § 5, 8-21-14; Ord. No. 18-033, § 10, 7-12-18; Ord. No. 21-040, § 2, 10-7-21; Ord. No. 25-013(sub 1), § 5, 5-1-25)

To assure that all existing and future development will be of a quality nature, all development in the waterfront zoning districts shall conform to the waterfront review standards recommended by the department of planning with the advice of the planning commission, and adopted by city council after public hearing. Such review standards shall be part of the comprehensive development plan, as well as standards for the administration of the waterfront zoning districts.

(Code 1968, § 48-40.1(h); Ord. No. 92-053(sub 1), § 1(k), 7-2-92)

All existing and future development must comply with the following landscaping and screening requirements:

(1)

Areas used for parking shall be landscaped and/or fenced so as effectively to screen year-round such areas from view from access streets, freeways, adjacent properties and the riverfront.

(2)

No loading berth which is visible from an access street or from the riverfront, or from wharves shall be used for storage.

(3)

No loading berth other than a wharf shall be located directly on an access street or the riverfront.

(4)

All storage visible from access streets, adjacent properties and the riverfronts shall be screened from view or organized in an orderly manner on permanent racks, pads or other fixtures. Fencing, if used as screening, shall be solid, as defined in section 48-475, and shall include vegetation and shall be high enough to screen so that all stored material is effectively screened from view at any point within the street right-of-way not higher than five feet above its surface or at any point within the waterway not higher than five feet above mean high tide. Landscaping used for screening shall form a complete year-round opaque screen at least six feet high but need not be opaque above that height.

(5)

No storage shall be permitted between the building line and frontage streets or the riverfront.

(6)

All outdoor refuse collection areas for temporary storage of refuse until collected by public or private refuse collectors shall be screened from view from access streets, freeways, adjacent properties and the riverfronts by a complete opaque screen.

(7)

Ground-level transformers and terminal or metering equipment shall be screened from view from streets, freeways, adjacent properties and the riverfront.

(Code 1968, § 48-40.1(i))

(a)

In waterfront zoning districts, the maximum permitted heights shall be as set forth in the following table:

(b)

The height of a building or structure as specified above may be exceeded in the following instances:

(1)

In any W-1 district, the foregoing height limitations of this section do not apply to smokestacks, vents, flagstaffs, water tanks or water towers or hose towers.

(2)

In any W-1 waterfront zoning district, radio or television or other antenna or transmission towers for which a greater height is necessary for properly conducting the processes involved may be erected to a height in excess of that permitted in subsection (a) of this section; provided, that each part of such tower or structure that is above the height limit for that waterfront district shall be set back from the street line or from the riverfront or from any other lot line a distance of not less than the total height of such tower or structure.

(3)

In any W-1, W-2, W-3 or W-4 district, any emergency sirens included in the city-wide emergency warning system that are installed and operated by the office of emergency management in accordance with chapter 7 of the City Code may be erected to a height in excess of that authorized in subsection (a) of this section.

(Code 1968, § 48-40.1(j)(1); Ord. No. 91-015, § 1, 4-4-91; Ord. No. 97-026(sub 1), § 1, 7-10-97; Ord. No. 04-082(sub 1), § 4, 12-9-04; Ord. No. 24-004, § 1, 2-15-24)

All new construction in the waterfront zoning districts shall be set back a minimum number of feet from the riverfront as follows:

For any subdivision which abuts a recommended public easement within the waterfront development districts, the planning department may require the dedication of, or provision for, a public access easement, the minimum depth of which would be 20 feet from the riverfront for the purpose of implementing a waterfront walkway system. To that end, any development plan and ensuing project that is city-owned or city-financed from and after April 1, 1997, that is located within a waterfront district shall include provision for access to the city's waterfront by the general public.

(Code 1968, § 48-40.1(j)(2); Ord. No. 93-023, § 1, 5-13-93; Ord. No. 97-014(sub 1), § 1, 8-21-97)

In waterfront districts, the maximum permitted floor area ratios shall be as given in the following table:

(Code 1968, § 48-40.1(j)(3); Ord. No. 24-004, § 2, 2-15-24)

In waterfront zoning districts, the lot area occupied by all buildings on a parcel in relation to the total parcel area shall not exceed the ratios set forth below:

(Code 1968, § 48-40.1(j)(4); Ord. No. 24-004, § 3, 2-15-24)

Editor's note— Ord. No. 24-004, § 3, adopted February 15, 2024, amended the title of § 48-356 to read as herein set out. The former § 48-356 title pertained to building coverage ratio.

(a)

The purpose of the height, bulk, coverage and setback requirements in this subdivision is to limit the intensity of development to the general, locational, hydrologic and infrastructure carrying capacity of each district. Additionally, density of single-use development in the W-4 district is limited by a maximum floor area ratio to encourage use of the incentive exception for mixed use development. The specific exceptions provided for in this section may be granted by the zoning administrator if recommended in the review provided for by section 48-372(b) for minor developments, or section 48-373 for major development.

(b)

Maximum height limits may be exceeded by no more than 12 feet.

(c)

The minimum setback from the river may be decreased, by the zoning administrator, if recommended during the review process, where the proposed use is water-related; where the development requires a lesser setback to make maximum use of the river's scenic value; or to permit reuse of existing buildings, structures or foundations with a lesser setback.

(d)

Exception for mixed-use development in the W-4 district. The allowable floor area ratio (FAR) and maximum height for mixed commercial and residential use in the W-4 district shall be increased by a percentage equivalent to the ratio of the gross leasable non-residential floor area to the total gross floor area of the development; provided, however, that the gross leasable non-residential floor area shall not exceed 50 percent of the gross floor area, and the maximum floor area ratio, or height shall not be increased to more than one and one-half times the limit otherwise applicable.

(e)

Exception for improved lots. In the case of a lot improved with structures on October 8, 1981 at a higher building coverage ratio than permitted under this section, the waterfront development administrator may approve a development plan up to the building coverage ratio existing on the date of application.

(Code 1968, § 48-40.1(j)(5); Ord. No. 81-071(sub 2), § 1, 10-8-81)

(a)

Applicants for proposals for development on parcels that are divided between a waterfront district and another zoning district shall have the option of developing the entire parcel under the provisions of this section which relate to the waterfront zoning district in which the parcel is partially located.

(b)

Each application for a permit shall be classified at the time of filing as either a minor development or major development by the zoning administrator based on the criteria set forth above in section 48-316.

(c)

The department of licenses and inspections shall identify all applicable ordinances under which the proposal must be reviewed and shall inform the applicant that the department of commerce can provide assistance with necessary applications and arrange for such assistance when possible.

(d)

Review of all development proposals will be based upon the waterfront review standards adopted by city council. Approval of a major or minor development according to the waterfront review standards shall be issued by the zoning administrator.

(e)

An applicant may submit preliminary plans, elevations and descriptions of proposed development to the zoning administrator for review before application for a building permit.

(f)

The applicant shall show evidence that all applicable state and federal requirements for waterfront development have been or will be satisfied.

(Code 1968, § 48-40.1(k); Ord. No. 18-033, § 8, 7-12-18)

(a)

Applicants for a permit for a minor development shall submit such information as required to the building inspector who shall issue a building permit if conditions specified in this division and other applicable ordinances are met.

(b)

Applicants for minor developments seeking exceptions to maximum height limits and setback requirements shall follow the procedures specified below in sections 48-373(a), 48-373(b), and 48-373(c).

(c)

Applicants for minor developments for uses permitted under zoning board of adjustment approval shall follow the procedures specified below in section 48-373(d).

(Code 1968, § 48-40.1(l))

(a)

Applicants for a permit for a major development in a waterfront zoning district shall submit to the zoning administrator such evidence in supporting explanatory material as necessary to demonstrate that the development proposal conforms to the waterfront review standards. Evidence may consist of drawings, photographs and other exhibits, written opinions of experts qualified in a particular discipline, extracts from reference works and texts generally accepted as authoritative, manufacturer's specification sheets and other material, including an explanatory narrative describing how requirements will be met and the extent to which the standards will be achieved.

(b)

Within five days of receipt of the application, the zoning administrator shall forward a copy of the application and all supporting evidence to the planning department, which shall review it for compliance with the waterfront review standards, and to all other relevant city agencies. A major development proposal shall conform to the requirements of the regulations governing subdivision of land adopted pursuant to city charter, section 5-600(d), with respect to streets, utilities, drainage and flood hazards.

(c)

During the review process, the applicant through the zoning administrator may consult with the staff of the planning department and may submit written modifications to its original application. No later than 40 calendar days after the planning department has received the application, it shall report its findings to the applicant and to the zoning administrator. All other city agencies wishing to comment shall do so by written statements to the planning department. The planning department report shall address each standard, and in any case where it finds a standard has not been met, will state the basis for its findings, and recommend conditions or modifications necessary to meet the standard. If the planning department finds that waterfront review standards have been met, the zoning administrator shall issue a permit. If the recommendation is for disapproval or for approval subject to conditions and recommendations, the applicant shall have 30 days to submit a revised application. If the revised application meets all the conditions and recommendations, the zoning administrator shall approve it; otherwise, he shall deny the application. The applicant may appeal the decision of the zoning administrator as provided under section 48-69.

(d)

(1)

Applications for uses permitted under zoning board of adjustment approval shall be made to the zoning administrator. Within five days of receipt of the application, the zoning administrator shall set a date for hearing by the board of adjustment, which date shall not be later than 40 calendar days from receipt of the application, and shall transmit a copy of the application to the planning department, which shall consult with all other relevant city agencies. The planning department shall review the application for conformance with the waterfront review standards and shall transmit a report to the zoning administrator for consideration by the zoning board of adjustment, containing specific findings and recommendations on each standard applicable to the proposed location and use.

(2)

The zoning administrator shall also transmit a copy of each of the applications to the city planning commission ("commission"). The commission shall review each application for the impact of the proposal upon recreational and development activities. The commission shall transmit a report to the zoning administrator for consideration by the zoning board of adjustment, containing specific findings and recommendations on each standard applicable to the proposed location and use. Review by the commission of applications to the zoning board of adjustment for determinations regarding protective controls, as provided in section 48-331, shall not be required.

(e)

In considering applications for uses permitted under zoning board of adjustment approval, the board shall grant special exceptions for such uses when it finds that the uses will not discourage the development of uses permitted as a matter of right within the district.

(Code 1968, § 48-40.1(m); Ord. No. 92-053(sub 1), § 1(k), 7-2-92; Ord. No. 93-023, § 1, 5-13-93; Ord. No. 96-016, § 1, 4-19-96; Ord. No. 18-033, § 9, 7-12-18)