(A) Purpose and intent. The Subsistence Tidelands District is intended to provide for the protection of those tide and submerged lands that have been identified as important to fish and wildlife habitats, recreation and personal use subsistence activities, and water quality and circulation characteristics.
(B) Uses permitted. In the Subsistence Tidelands District, tide and submerged lands may be used for one or more of the following uses:
(1) Personal use subsistence resource gathering activities including fishing, hunting, shellfish gathering, and the gathering of plant species;
(2) Temporary and casual recreational uses, such as picnicking and sport fishing;
(3) Public entry and incidental use of waters and tidelands, including casual transit by all vessels;
(4) Noncommercial finger piers or skiff docks; and
(5) Other similar uses not listed above which meet the “Purpose and Intent” provisions of this section of the ordinance and would be no more objectionable than those uses listed above. The Director of Planning shall make a “Planning Determination” in this matter subject to appeal to the Planning Commission (See § 8.12.220(A)(2)).
(C) Permitted accessory uses and structures. Accessory uses customarily incidental and subordinate to the location, function, and operation of permitted uses.
(D) Conditional uses and structures. In the Subsistence Tidelands District, the following uses and their accessory uses may be permitted, subject to securing a Conditional Use approval in each case as provided for in this chapter (See § 8.12.200):
(1) Shoreside commercial on- and off-loading of supplies and materials;
(2) Intake lines for live product processing and underwater outfall lines;
(3) Sand, gravel, and rock extraction;
(4) Commercial aquaculture activities; and
(5) All other uses not listed above may be permitted as conditional uses subject to the review and approval of the Planning Commission per the provisions of § 8.12.200 contained herein.
(E) Minimum setback requirements.
(1) Front. A minimum 10-foot setback from any right-of-way shall be required for any structure or building. Docks, decking, approaches and similar surfaces are exempt from this requirement.
(2) Side. A minimum 10-foot setback from any right-of-way shall be required for any structure or building. Docks, decking, approaches and similar surfaces are exempt from this requirement.
(3) Rear. No setback distance is required, except when the tideland boundary abuts another tideland boundary, it shall be 10 feet. Docks, decking, approaches and similar surfaces are exempt from this requirement.
If there exists questions as to the applicability of the above setback provisions, the Director of Planning shall make a “Planning Determination” in this matter subject to appeal to the Planning Commission (See § 8.12.220(A)(2)).
(F) Special provisions. The following special provisions apply to all uses within the Subsistence Tidelands District:
(1) All uses will comply with federal, state, and local air, water quality, and waste disposal laws and other environmental regulations;
(2) Any use is prohibited which causes or may reasonably be expected to cause excessive noise, vibration, odor, smoke, dust, or other particulate matter, humidity, heat, or glare at or beyond any lot line of the lot on which it is located. “Excessive” is defined for these purposes as a degree exceeding that generated by uses permitted in the district in their customary manner of operation, or to a degree injurious to the public health, safety, welfare, or convenience;
(3) All uses will not impair water flow or impede fish passage, movement, or migration;
(4) All vessels mooring in the area will comply with federal, state, and city regulations regarding the discharge of bilge waters, other wastes, and spills of oil and other contaminants;
(5) The storage of flammable materials, hazardous materials or toxic waste on-site shall be allowed only in strict compliance with federal, state, and local laws and regulations; and
(6) Materials shall be stored and grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or otherwise create a health hazard.
(G) Parking regulations (§ 8.12.170(K)).
(H) General provisions (§ 8.12.170).
(Ord. No. 2001-04, passed 5-8-01; Am. Ord. 2005-09, passed 4-26-05)