§ 130-77. Commercial Fishing Area District (CFA).

(a)

The following uses are permitted as of right in the Commercial Fishing Area district:

(1)

Commercial fishing;

(2)

Accessory uses;

(3)

Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);

(4)

Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);

(5)

Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f); and

(6)

Home occupations—Special use permit required; commercial fishing does not require a special use permit.

(b)

The following uses are permitted as minor conditional uses in the Commercial Fishing Area district, subject to the standards and procedures set forth in chapter 110, article III:

(1)

Attached dwellings, provided that the total floor area of residential uses in a CFA district does not exceed 25 percent of the land area in that CFA district;

(2)

Commercial retail uses of low and medium intensity, provided that the goods and services are related to or supportive of the commercial fishing industry;

(3)

Light industrial uses, including marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry;

(4)

Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);

(5)

Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and

(6)

Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f).

(c)

The following uses are permitted as major conditional uses in the Commercial Fishing Area district, subject to the standards and procedures set forth in chapter 110, article III:

(1)

Marinas and boat chartering, provided that:

a.

The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide;

b.

The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products;

c.

Vessels docked or stored shall not be used for live-aboard purposes, except when a permitted sewage pumpout facility is available on-site and where the waste is treated in a permitted sewage treatment facility;

d.

All outside storage areas are screened from adjacent residential uses by a solid fence, wall or hedge at least six feet in height;

e.

Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet;

f.

There is no displacement of existing commercial fishing dockage or area;

g.

No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and

h.

No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as trap storage and manufacture of traps;

(2)

Restaurants, dive shops, and other commercial retail uses under 1,600 square feet per shop, provided that:

a.

There is no displacement of existing commercial fishing dockage or area;

b.

No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and

c.

No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps;

(3)

Monuments, provided that:

a.

Access to U.S. 1 is by way of:

1.

An existing curb cut;

2.

A signalized intersection; or

3.

A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; and

b.

The use is separated from adjoining residential uses by a class H bufferyard; and

(4)

New antenna-supporting structures, pursuant to section 146-5(a).

(d)

In order to provide for the special needs of the commercial fishing industry, while ensuring general compliance with plan requirements and maintaining good environmental quality and community character, the Commercial Fishing Area district is given the following special considerations:

(1)

The Commercial Fishing Area district, under minor conditional use, may vary the requirements of the district;

(2)

Temporary uses specifically involving trap construction, maintenance and repair are hereby exempted from maximum FAR and minimum open space requirements;

(3)

Sanitary toilet facilities may be provided by using approved portable units;

(4)

Non-shoreline and shoreline setbacks may be varied by the Planning Director upon a written recommendation by the County Biologist that stormwater runoff can be appropriately controlled due to the provisions of new gutters, berms or similar devices;

(5)

The vegetated bufferyard requirements may be varied to include fences or natural vegetation except when abutting residential districts;

(6)

Lighting requirements may be reduced or waived where the Planning Director and County Biologist agree that light intrusion, either to adjoining properties or waterfront areas, will have no adverse effect on community character or habitat; and

(7)

Except for commercial retail and wholesale operations, parking requirements may be met by the provision of one parking or loading space for each individual lot of 6,000 square feet or less. Larger lots or parcels shall proportionately meet this same requirement.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)