This chapter establishes the Overlay Zones permitted under this title. An Overlay Zone may, without limitation, be used to impose supplemental restrictions on uses in the underlying district, permit uses otherwise not permitted in the underlying district, or implement a site or architectural design program in order to fulfill specific community objectives.

(Ord. No. 2025-04, § 3, 5-5-2025)

A.

Overlay Zones shall be established, and thereafter amended, under the provisions of Chapter 19.84 of this title. Overlay Zones shall be shown on the borough's official zoning map.

B.

The standards of an Overlay Zone apply in addition to the standards of the underlying district. In the case of a conflict between the standards of the underlying district and the Overlay Zone, the standards of the Overlay Zone shall apply.

C.

An Overlay Zone may further establish Designated Specific Areas that are areas within the Zone subject to additional regulations aimed at preserving or enhancing the unique characteristics of the Zone.

D.

Unless otherwise prohibited herein, a variance from the standards of an Overlay Zone may be granted by the planning commission under the procedures and conditions of Chapter 19.80 of this title, except that a variance cannot be utilized to allow a use which is prohibited or otherwise not permitted within the Overlay Zone.

(Ord. No. 2025-04, § 3, 5-5-2025)

The following Overlay Zones are herein established:

A.

Marine Industrial Overlay (MIO).

(Ord. No. 2025-04, § 3, 5-5-2025)

A.

Purpose. The Marine Industrial Overlay (MIO) Zone is established to protect and promote the maritime economy by restricting uses on certain land or tidelands to:

1.

Protect the finite economic resources of marine waterfront and related land;

2.

Shield the maritime economy, including commercial fishing and marine industry, from incompatible uses; and

3.

Strengthen the maritime economy by reserving waterfront land for water-dependent marine industrial uses and marine industrial uses which directly provide goods and services to water-dependent uses. For purposes of this section, water-dependent uses are those uses and activities that can only be conducted on, in, or directly adjacent to the water body due to an inherent need for water access.

B.

MIO Zone Map. Upon adoption of this ordinance, the MIO Zone is hereby made applicable to the areas shown on Maps A and B on Exhibit A hereto, which shall be incorporated into an MIO Zone Map and made a part of the borough's official zoning map. Subsequent amendments to the boundaries of the MIO Zone shall be adopted under the provisions of Chapter 19.84 of this Code.

C.

Principal uses. The following are the only permitted principal uses in the MIO Zone:

1.

Harbors, marinas, moorage facilities;

2.

Float plane and boat launch facilities;

3.

Cargo terminals for marine commerce or industry, and marine fuel dock terminals;

4.

Construction, maintenance, and repair of vessels including marine engine repair, marine electronics, and marine refrigeration;

5.

Harbormaster's offices;

6.

Seafood processing plants and cold storage facilities;

7.

Vessel sales and supply;

8.

Vessel and fishing gear storage facilities;

9.

Boat rigging operations;

10.

Retail businesses whose predominant business is the sales of goods and services used in manufacturing, repairing, or servicing vessels or marine industrial facilities; and

11.

Marine passenger terminals.

D.

Accessory uses. The following are the only permitted accessory uses in the MIO Zone:

1.

A watchman or caretaker dwelling that is no larger than eight hundred (800) gross square feet in size; and

2.

Uses and structures that are clearly incidental and subordinate in size and scale to the principal use, and which are located on the same lot.

E.

Prohibited uses. Any use that is not a principal or accessory use set out in paragraphs C. and D. above. For clarity purposes, any principal, accessory, conditional or other use that would otherwise be permitted in the Industrial (I-1) zone is specifically prohibited in the MIO Zone, excepting those uses expressly set out in the preceding paragraphs.

F.

Existing uses. Legally established uses existing prior to the adoption of the MIO Zone may be allowed to continue provided that they meet the requirements of Chapter 19.68 of this title.

G.

Development Standards within the MIO Zone.

1.

Lot development standards in the MIO Zone will adhere to the requirements of Sections 19.44.050—19.44.080 of this title.

2.

Notwithstanding the provisions of Chapter 19.64, off-street parking within the MIO Zone shall equal 40% of the spaces required under Section 19.64.010.

H.

Designated Specific Areas within the MIO Zone.

1.

Scow Bay Turnaround - In the Scow Bay Turnaround designated area, as shown on the MIO Zone map, the only uses permitted are the principal uses set out in paragraph C. above. All other uses are prohibited, including any accessory uses.

(Ord. No. 2025-04, § 3, 5-5-2025)