In addition to the objectives set forth in Section 17.01.030, the MLB Marsh Lagoon Bayfront District (hereinafter referred to as the "MLB district") is included in the zoning ordinance to achieve the following purposes:

A.

To protect areas identified in the general plan as having unique aquatic resources and to distinguish uses that rely on adjacency and access to aquatic and riparian areas and are consistent with the redevelopment plans for Redevelopment Project Areas 1 and 2.

B.

To establish application requirements to assure that proposed projects address the environmental goals for aquatic areas in the city as set forth in the city's general plan.

(Ord. 481 § 6(part), 2003).

There are no permitted uses in the MLB district. Only those uses designated as conditional uses in Section 17.24.030 may be established, subject to the issuance of a use permit in accordance with the requirements of this chapter.

(Ord. 481 § 6(part), 2003).

The following conditional uses may be allowed in the MLB district, upon the granting of a use permit pursuant to Chapter 17.40 of this title and subject to the additional requirement that such uses must be water-oriented and necessarily conducted within or adjacent to aquatic or riparian areas:

A.

Commercial recreation.

B.

Personal services.

C.

Retail sales and rental.

D.

Educational facilities.

E.

Scientific research.

F.

Habitat restoration and wildlife protection.

G.

Transit/transportation facilities.

H.

Marinas.

(Ord. 481 § 6(part), 2003).

A.

Development regulations in the MLB district shall be determined by use permit.

B.

Recycling Area Requirements.

1.

Adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles shall be provided. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area.

2.

This requirement shall apply to all new commercial or institutional buildings, and city facilities (including buildings, structures, marinas, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%)or more to the existing floor area of the development project. The floor area of a marina shall be defined as the space dedicated to the docking or mooring of marine vessels. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within a twelve-month period collectively adding thirty percent (30%)or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases.

(Ord. 481 § 6(part), 2003; Ord. No. 556, § 22, 2-22-11).

In addition to the application requirements set forth in Chapter 17.40, the following information shall be submitted with any application for a use permit in the MLB district:

A.

Identification of riparian and other aquatic vegetation that may be affected by the proposed use, especially that which provides habitat for native species.

B.

A site plan showing the location of the proposed use and the jurisdictional boundaries within the site of any federal, state or regional agency having jurisdiction over the project.

C.

Description of the manner in which public facilities, services and utilities wifi be provided to the site, if applicable, and whether wetland or riparian areas will be affected by service installations.

D.

A visual impact analysis showing the enhancements or mitigation measures that are proposed to make the use compatible with the natural setting.

E.

A statement explaining the relationship of the proposed use with the aquatic or riparian area in, or adjacent to which, it will be conducted.

(Ord. 481 § 6(part), 2003).

A.

Definitions. As used in this section, the following terms shall have the meaning set forth below:

1.

"On-site sign" means (a) a sign which identifies or advertises a business, good, commodity, service, industry, or other activity which is sold, offered, or conducted, other than incidentally, on the vessel upon which the sign is displayed; or (b) a sign which identifies or advertises a good or commodity that is being transported on a vessel or identifies or advertises a container in which a good or commodity is being transported on a vessel, where the sign is displayed on the good, commodity or container.

2.

"Off-site sign" means a sign which identifies or advertises a business, good, commodity, service, industry, or other activity which is sold, offered, or conducted off the vessel upon which the sign is displayed, or which is sold, offered, or conducted on such vessel only incidentally, if at all.

3.

"Sailboat" means any watercraft designed to be capable of being propelled solely by wind power.

4.

"Sign" means any structure, part thereof, or device or inscription which is displayed on any vessel and which includes any alpha-numeric lettering, model, banner, trademark, emblem, insignia, symbol, device, light, ornamentation, picture or other representation which identifies or advertises any person, group, organization, place, commodity, product, business, service, profession, enterprise or industry.

5.

"Vessel" means any watercraft of any kind, including, but not limited to, motorized, towed, or sailing watercraft such as ships, boats, tugboats, barges, and sailboats.

B.

Off-site Signs Prohibited. No off-site sign may be displayed on the outside of any vessel located or traveling upon any waters within the MLB district.

C.

Exemptions. The prohibition in this section shall not apply to:

1.

Any on-site sign displayed on the outside of any vessel; or

2.

Any sign displayed on the hull or sails of a sailboat, provided that the sails are designed, and are being used, primarily for the propulsion of the sailboat.

(Ord. 481 § 6(part), 2003).