Chapter 28.70 — HC - HARBOR COMMERCIAL ZONE

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 visitorserving, 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.

  3. Seafood processing.

  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.

  2. Bait and tackle shops.

  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.

  7. Marine storage.

  8. Marine surveyor.

  9. Offices of businesses or persons engaged exclusively in ocean-related activities.

  10. Public parking lots.

  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:

  1. Art galleries.

  2. Bait and tackle shops.

  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.

  7. Marine service stations.

  8. Marine storage.

  9. Marine surveyors.

  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 oceandependent 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)

As provided in Chapters 28.93 and 28.94 of this title. (Ord. 6026 § 5, 2021)

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)