§ 152.035 PLANNED MARINE AND RECREATION ZONE M-P.

   In an M-P Zone, the following regulations shall apply.

   (A)   Uses permitted outright. In an M-P Zone, the following uses and their accessory uses are permitted, subject to the provisions of §§ 152.055 through 152.076, 152.115 through 152.117, 152.225 through 152.235, where applicable:

      (1)   Bait and tackle shop;

      (2)   Boat launching and marine ways;

      (3)   Moorage facilities;

      (4)   Marina;

      (5)   Marine fuel sales;

      (6)   Boat charter services;

      (7)   Dry dock facilities for boat repair and maintenance;

      (8)   Laboratory for experiment or research of marine life;

      (9)   Manufacture, assembly, processing and/or packing of sea products;

      (10)   Marine loading and unloading facilities;

      (11)   Marine supply sales; and

      (12)   Commercial fishing gear storage.

   (B)   Conditional uses permitted. In an M-P Zone, the following uses and their accessory uses may be permitted, subject to the provisions of §§ 152.055 through 152.076, 152.115 through 152.117, 152.130 through 152.136, and 152.225 through 152.235, where applicable:

      (1)   Restaurant;

      (2)   Seafood market;

      (3)   Boat storage; and

      (4)   Public park, playground or similar recreation area.

   (C)   Standards. Except as provided in §§ 152.055 through 152.076, 152.115 through 152.117, and 152.130 through 152.136, the standards which apply in the M-C Zone shall apply in the M-P Zone.

   (D)   Special standards. In allowing a building permit for any use allowed outright in the M-P Zone, the city must establish through a process of administrative review, which may at the City Council’s direction be vested with the City Recorder, the Planning Commission, the Harbor Commission, the City Council, or any other body appointed by the City Council, that:

      (1)   The use or activity that is being proposed can only be carried out on, in, or adjacent to the water because the use physically or economically requires access to the waterbody for water-borne transportation, recreation, energy production, or source of water; and

      (2)   The plan for development will assure the creation of an attractive environment and protect all present and potential development from any possible blighting effects.

   (E)   Special standards in allowing a conditional use. In an M-P Zone, the allowance of a conditional use may only be granted when it is found that the conditional use will not preempt any water-dependent uses allowed outright in the M-P Zone from direct access to the estuarine waters.

(Ord. 24, passed 4-5-1976; Ord. 71, passed 8-19-1980; Ord. 268, passed 11-2-2004) Penalty, see § 152.999