Chapter 21.28
MC MARINE COMMERCIAL DISTRICT
Sections:
21.28.020 Permitted uses and structures.
21.28.030 Conditional uses and structures.
21.28.040 Dimensional requirements.
21.28.050 Site and access plan.
21.28.060 Traffic requirements.
21.28.070 Site development requirements.
21.28.010 Purpose.
The purpose of the Marine Commercial District is primarily for water-related and water-dependent uses and the business and commercial uses that serve and support them, including but not limited to fishing, marine transportation, off-shore energy development, recreation and tourism. It is recognized that unique natural features of Homer’s marine environment contribute significantly to the economic and social environments; therefore, performance standards are required to minimize the impact of development on the natural features on which they depend. [Ord. 08-29, 2008].
21.28.020 Permitted uses and structures.
The following uses are permitted outright in the Marine Commercial 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. Offices for tourism-related charter and tour businesses, such as fishing, flightseeing, day excursions and boat charters and tours;
b. Marine equipment sales, rentals, service, repair and storage;
c. Retail stores limited to the sale of seafood products, sporting goods, curios, and arts and crafts;
d. Business offices for water-dependent and water-related activities such as fish brokers, off-shore oil and gas service companies, and stevedores;
e. Customary accessory uses that are clearly subordinate to the main use of the lot or building such as piers or wharves; provided, that separate permits shall not be issued for the construction of an accessory structure prior to that of the main structure;
f. Mobile food services;
g. Itinerant merchants, provided all activities shall be limited to uses permitted outright under this zoning district;
h. Recreational vehicle parks, provided they shall conform to the standards in Chapter 21.54 HCC;
i. Restaurants;
j. Cold storage facilities;
k. Campgrounds;
l. Manufacturing, processing, cooking, and packing of seafood products;
m. Parks;
n. Boat launching or moorage facilities, marinas;
o. Caretaker, business owner or employee housing as an accessory use to a primary use, and limited to no more than 50 percent of the floor area of a building and for use by an occupant for more than 30 consecutive days;
p. Lodging as an accessory use, limited to no more than 50 percent of the floor area of a building;
q. As an accessory use, one small wind energy system per lot. [Ord. 13-11(A) § 2, 2013; Ord. 09-34(A) § 18, 2009; Ord. 08-29, 2008].
21.28.030 Conditional uses and structures.
The following uses may be permitted in the Marine Commercial District when authorized by conditional use permit issued in accordance with Chapter 21.71 HCC:
a. Drinking establishments;
b. Public utility facilities and structures;
c. Hotels and motels;
d. Lodging;
e. More than one building containing a permitted principal use on a lot;
f. Planned unit developments, limited to water-dependent and water-related uses, with no dwelling units except as permitted by HCC 21.28.020(o);
g. Indoor recreational facilities;
h. Outdoor recreational facilities;
i. The location of a building within a setback area required by HCC 21.28.040(b). In addition to meeting the criteria for a conditional use permit under HCC 21.71.030, the building must meet the following standards:
1. Not have a greater negative effect on the value of the adjoining property than a building located outside the setback area; and
2. Have a design that is compatible with that of the structures on the adjoining property. [Ord. 14-49(A) § 8, 2014; Ord. 13-11(A) § 3, 2013; Ord. 08-29, 2008].
21.28.040 Dimensional requirements.
The following dimensional requirements shall apply to all structures and uses in the Marine Commercial District:
a. The minimum lot size is 20,000 square feet, except for lots lawfully platted before December 12, 2006. The minimum lot width is 150 feet, except for lots lawfully platted before December 12, 2006.
b. Setbacks. No building may be located in a required setback area without an approved conditional use permit.
1. 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 subsection (b)(2) of this section.
2. Buildings shall be set back five feet from all other lot boundary lines.
c. The maximum building height is 35 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 70 percent of the lot area without an approved conditional use permit.
e. Building Area and Dimensions – Retail and Wholesale.
1. The total 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, planned unit development, or variance be granted that would allow a building to exceed the limits of subsection (e)(1) of this section and no nonconforming use or structure may be expanded in any manner that would increase its nonconformance with the limits of subsection (e)(1) of this section. [Ord. 13-11(A) § 4, 2013; Ord. 08-29, 2008].
21.28.050 Site and access plan.
a. A zoning permit for any use or structure within the Marine Commercial District shall not be issued by the City without a level one site plan approved by the City under Chapter 21.73 HCC.
b. A zoning permit for any use or structure shall not be issued without a level one right-of-way access plan approved by the City under Chapter 21.73 HCC. [Ord. 08-29, 2008].
21.28.060 Traffic requirements.
A conditional use permit is required for every use that:
a. Is estimated to generate more than 100 vehicle trips during any hour of the day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;
b. Is estimated to generate more than 500 vehicle trips per day calculated utilizing the Trip Generation Handbook, Institute of Transportation Engineers, 9th Edition;
c. Is estimated to generate an increase in the traffic to more than 100 vehicle trips during any hour of the day due to a change in land use or intensity of use; or
d. Is expected to generate traffic that will detract from the safety of, or degrade by one level of service, the highway, road, street, alley or intersection. [Ord. 13-27 § 10, 2013; Ord. 08-29, 2008].
21.28.070 Site development requirements.
All development on lands in this district shall conform to the level three site development standards set forth in HCC 21.50.040 and the following requirements:
a. Development shall not impair public use of adjacent publicly owned tidelands.
b. Buildings and roadways shall be located to minimize alteration to the natural terrain.
c. Grading and filling shall not alter the storm berm except as necessary to correct unsafe conditions.
d. Point source discharges to a waterway shall conform to the applicable regulations of the Alaska Department of Environmental Conservation. [Ord. 13-11(A) § 5, 2013; Ord. 08-29, 2008].
21.28.080 Nuisance standards.
All development and structures shall conform to the nuisance standards contained in HCC 21.59.010. [Ord. 08-29, 2008].
21.28.090 Lighting standards.
All uses and development shall conform to the lighting standards contained in HCC 21.59.030. [Ord. 08-29, 2008].