Chapter 21.30 MI Marine Industrial District

Sections:

21.30.010 Purpose.
21.30.020 Permitted uses and structures.
21.30.030 Conditional uses and structures.
21.30.040 Dimensional requirements.
21.30.050 Site and access plan.
21.30.060 Traffic requirements.
21.30.070 Site development requirements.
21.30.080 Nuisance standards.
21.30.090 Lighting standards.

21.30.010 Purpose. The purpose of the Marine Industrial District is primarily to provide adequate space for those water-dependent industrial uses that require direct marine access for their operation, such as fishing, fish processing, marine transportation, off-shore oil development and tourism; giving priority to those water-dependent uses over other industrial, commercial and recreational uses. (Ord. 08-29, 2008).

21.30.020 Permitted uses and structures. The following uses are permitted outright in the Marine Industrial District, except when such use requires a conditional use permit by reason of size, traffic volumes, or other reasons set forth in this chapter:
a. Port and harbor facilities;
b. Manufacturing, processing and packing of sea products;
c. Cold-storage;
d. Dry docks;
e. Wharves and docks, marine loading facilities, ferry terminals, marine railways;
f. Marine equipment sales, rentals, service, repair and storage.
g. Boat launching or moorage facilities, marinas, boat charter services;
h. Warehouse and marshaling yards for storing goods awaiting transfer to marine vessels or off-loaded from a marine vessel and awaiting immediate pickup by land-based transportation;
i. Other similar uses, if approved after a public hearing by the Commission, including but not limited to those uses authorized in the Marine Commercial District under HCC §§ 21.28.020 and 21.28.030, provided the Commission finds the use meets the following standards and requirements:
1. The proposed use is compatible with the purpose of Marine Industrial District or provides a necessary service to water-dependent industry,
2. The proposed use is compatible with land use development plans for the Homer Spit and the comprehensive plan,
3. Public facilities and services are adequate to serve the proposed use, and
4. The Port and Harbor Commission, after a public hearing, has made a written recommendation to the Commission concerning the proposed use, including specifically whether conditions (1) through (3) of this subsection are or may, with appropriate conditions, be met by the proposed use;
j. Mobile food services;
k. Itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district;
l. Recreational vehicle parks, provided they shall conform to the standards in HCC § 21.54.
m. As an accessory use, one small wind energy system per lot. (Ord. 09-34(A) §19 (part), 2009; Ord. 08-29, 2008).

21.30.030 Conditional uses and structures. The following uses may be permitted in the Marine Industrial District when authorized by conditional use permit issued in accordance with HCC Chapter 21.71:
a. Planned unit development, limited to water-dependent or water-related uses and excluding all dwellings;
b. Boat sales, rentals, service, repair and storage, and boat manufacturing;
c. Restaurants and drinking establishments;
d. Extractive enterprises related to other uses permitted in the district;
e. Campgrounds;
f. Bulk petroleum storage;
g. Caretaker’s residence as an accessory to a permitted or conditionally permitted use;
h. Heliports;
i. Pipelines and railroads;
j. More than one building containing a permitted principal use on a lot.
k. Permitted uses that exceed 100 vehicles during peak hour or more than 500 vehicles per day based on the proposed land use and density, calculated utilizing the Trip Generation Manual, Institute of Traffic Engineers, most current edition;
l. Indoor recreational facilities;
m. Outdoor recreational facilities. (Ord. 08-29, 2008).

21.30.040 Dimensional requirements. a. Lot Size. The minimum lot size is 6,000 square feet.
b. Setbacks.
1. All buildings shall be set back 20 feet from all dedicated rights-of-way. Alleys are not subject to a 20 foot setback requirement. The setback requirements from any lot line abutting an alley will be determined by the dimensional requirements of subparagraph (2) below.
2. Buildings shall be set back five feet from all other lot boundary lot lines unless adequate firewalls are provided and adequate access to the rear of the building is otherwise provided (e.g., alleyways) as defined by the State Fire Code and enforced by the State Fire Marshal.
c. Building Height.
1. The maximum building height shall be thirty-five feet.
d. No lot shall contain more than 8,000 square feet of building area (all buildings combined), nor shall any lot contain building area in excess of 30 percent of the lot area without an approved conditional use permit.
e. Building Area and Dimensions ‑ Retail and Wholesale.
1. The total square feet floor area of retail and wholesale business uses within a single building shall not exceed 25,000 square feet.
2. In no event may a conditional use permit or variance be granted that would allow a building to exceed the limits of subparagraph (d)(1) and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subparagraph (d)(1). (Ord. 08-29, 2008; Ord. 08-27(S)§1, part, 2008).

21.30.050 Site and access plan. a. A zoning permit for a building or structure within the Marine Industrial District shall not be issued by the City without a level two site plan approved under HCC Chapter 21.73.
b. No zoning permit may be granted without a level two right-of-way access plan approved under HCC Chapter 21.73. (Ord. 08-29, 2008).

21.30.060 Traffic Requirements. A conditional use permit is required for every use that is estimated or expected to generate traffic in excess of the criteria contained in HCC § 21.18.060. (Ord. 08-29, 2008).

21.30.070 Site Development Requirements. a. All site development shall conform to the level two site development standards contained in HCC § 21.50.030.
b. Point source discharges to a waterway shall be in conformance with the Alaska Department of Environmental Conservation regulations. (Ord. 08-29, 2008).

21.30.080 Nuisance Standards. The nuisance standards of HCC § 21.59.010 apply to all development, uses, and structures in this zoning district. (Ord. 08-29, 2008).

21.30.090. Lighting Standards. The level one lighting standards of HCC § 21.59.030 apply to all development, uses, and structures in this zoning district. (Ord. 08-29, 2008).