The regulations contained in this chapter shall apply in the
Harbor Commercial Zone unless otherwise provided in this title. The
Zone strives to assure that the harbor will remain primarily a working
harbor with visitor-serving and ocean-related uses secondary to ocean-dependent
uses, and that Stearns Wharf will consist of a mixture of visitor-serving,
and ocean-dependent and ocean-related uses. In addition, this zone
is intended to provide a desirable environment by preserving and protecting
surrounding land uses in terms of light, air and existing visual amenities.
(Ord. 4170, 1982; Ord. 4428, 1986)
In all areas of the Harbor Commercial Zone the following uses
are permitted provided that such operations, manufacturing, processing
or treatment of products are not obnoxious or offensive by reason
of emission of odor, dust, gas, fumes, smoke, liquids, waste, noise,
vibrations, disturbances or other similar causes which may impose
a hazard to life and property. Within the Harbor Commercial Zone the
primary uses listed below shall be the predominant uses for the harbor
and shoreline area.
A. Primary
harbor uses:
1. Marinas,
boat moorings, marine service stations, boat yard/repair facilities
and related activities.
2. Marine-oriented
government facilities.
4. Services
necessary for commercial fishing activities, including such facilities
as net repair areas, hoists and ice machines and storage areas.
5. Other
ocean-dependent uses as deemed appropriate by the Planning Commission.
B. Secondary
harbor uses:
1. Museums
and other cultural displays relating to the ocean.
3. Boat
sales, storage, construction and/or repair.
4. Diving
gear, boat, surfing and other ocean-related equipment rental.
5. Fast
food restaurants, other restaurants, and restaurants with entertainment
and meeting facilities used in conjunction with the restaurant.
6. Marine
equipment and accessories sales and/or repair.
9. Offices
of businesses or persons engaged exclusively in ocean-related activities.
11. Sail manufacturing and/or repair.
12. Seafood sales and processing.
13. Marine oriented specialty and gift shops.
14. Stores which sell liquor, groceries and food which do not exceed
2,500 square feet in gross floor area.
15. Household hazardous waste collection facilities as defined in Chapter
28.04 of this title and exclusively serving the area within the H-C Zone.
16. Other ocean-related uses as deemed appropriate by the Planning Commission.
C. Stearns
Wharf uses:
3. Boat
sales, storage, construction and/or repair.
4. Diving
gear, boat, surfing and other ocean-related equipment rental.
5. Fast
food restaurants, other restaurants and restaurants with entertainment
facilities used in conjunction with the restaurant.
6. Marine
equipment and accessories sales and/or repair.
10. Museums and other cultural displays relating to the ocean.
11. Offices of businesses or persons engaged in ocean-related activities.
12. Sail manufacturing and/or repair.
13. Seafood sales and processing.
14. Specialty and gift shops.
15. Stores which sell liquor, groceries and food which do not exceed
2,500 square feet in gross floor area.
16. Other ocean-dependent, ocean-related and visitor-serving uses as
deemed appropriate by the Planning Commission.
D. Five-Year
Review of Uses. At least once every five years from March 30, 1993,
the Board of Harbor Commissioners shall review the extent and nature
of the uses existing in the Harbor and shoreline area of the HC Zone
and make a recommendation to the Planning Commission regarding the
adequacy of ocean-dependent uses (Harbor primary uses) in relation
to ocean-related and visitor-serving uses (Harbor secondary uses)
in order to assure that the harbor remains a working harbor. A review
of the mix of uses may occur at any other time at the direction of
the Board of Harbor Commissioners or Planning Commission. Subsequent
reviews shall be at five year intervals thereafter. The Coastal Commission
shall receive a copy of the recommendation and accompanying background
materials associated with each review.
(Ord. 4170, 1982; Ord. 4428, 1986; Ord. 4808, 1993; Ord. 4825, 1993; Ord. 5459, 2008)
Two stories not to exceed 30 feet.
(Ord. 4170, 1982; Ord. 4428, 1986)
All development in the Coastal Overlay Zone S-D-3, is subject to review pursuant to Chapter
28.44 of this code.
(Ord. 4170, 1982; Ord. 4428, 1986; Ord. 5417, 2007)
Notwithstanding any provision of law to the contrary, no application for a land use permit for a nonresidential construction project will be accepted or approved on or after December 6, 1989 unless the project complies with the provisions outlined in Development Plan Approval, Chapter
28.85.
(Ord. 4670, 1991; Ord. 5609, 2013)