Del Norte County Municipal Code Ch. 21.47 Harbor Area Public Access Provisions

21.47.10 Required Generally 21.47.20 Criteria 21.47.30 Exceptions 21.47.40 Temporary Interruptions

In all harbor zone districts with each industrial, recreational, or commercial structural improvement, lease agreement issued by the Harbor District, or any other development which would impair the public’s right of shoreline access, the requirements set forth in this chapter and Section 21.35.040 shall apply. In the event of any conflict between this Section 21.47 and Section 21.35.040, these harbor-specific regulations shall control.

(Ord. 2021-001 § 2, 2021; Ord. 83-03 (part), 1983)

No development shall be permitted within the harbor area which would interrupt public access both to and along the shoreline. Alternatives to open access may be access along a corridor to the shoreline provided access along the shoreline is maintained. Physical alteration of the shoreline shall incorporate access by the public to the shoreline, when feasible, except as noted in Section 21.47.030.

(Ord. 2021-001 § 2, 2021; Ord. 83-03 (part), 1983)

Public access need not be required at harbor-dependent uses where access would constitute a hazard to the public. Examples of potential hazard areas to the public include but are not limited to:

1. Boat and ship building and repair facilities.

2. Processing and packaging plants for fish and/or marine products.

3. Marine products purchasing and storage facilities.

4. Marine service areas involving flammable liquids.

5. Emergency facilities (police and fire protection) including the Coast Guard facility subject to permission to access from the Coast Guard.

6. Marine loading and unloading facilities.

7. The inner breakwater.

8. The breakwater for the inner boat basin.

• (Ord. 2021-001 § 2, 2021; Ord. 83-03 (part), 1983)

Temporary interruptions of public access to the shoreline may be permitted. Development that has the potential to temporarily impact public access shall provide a public access management strategy designed to identify and limit temporary impacts to public access. Plans shall identify peak use times and measures to avoid disruption during those times where feasible; minimize road and trail closures; identify alternative access routes where feasible; communicate closures and alternative routes to the public; and provide for public safety. Interruptions should be limited to those necessary to protect the public from a hazard and/or are necessary for maintenance of existing development. Examples are:

1. Dredging and dredge spoils disposal.

2. Paving and/or concrete work.

3. Construction of new development.

4. Repair and maintenance of existing development.

5. Field surveys and examinations.

6. Landscape construction.

(Ord. 2021-001 § 2, 2021; Ord. 83-03 (part), 1983)

21.47A HDMC District - Harbor Dependent Marine Commercial 21.47A.10 Intent 21.47A.20 Principally Permitted Uses 21.47A.30 Uses Permitted With A Use Permit 21.47A.40 Building Height 21.47A.50 Minimum Lot Area 21.47A.60 Minimum Lot Width 21.47A.70 Lot Coverage 21.47A.80 Front Yard 21.47A.90 Side Yard 21.47A.100 Rear Yard

21.47A.10 Intent

This district classification is intended to prioritize the needs of the commercial fishing industry while also accommodating other coastal-dependent commercial and industrial development and coastal-related support facilities within or immediately adjacent to the waters of the harbor in a manner that will encourage the continuation of commercial fishing and other coastal-dependent marine commercial and industrial activities, maintain the marine theme and character of the Harbor, and encourage physical and visual access to the harbor where appropriate. Changes of district classification from Harbor Dependent Marine Commercial to another classification are to be made only where such uses are in accord with the adopted land use designations and policies of the Harbor Land Use Plan.

(Ord. 2021-001 § 3, 2021)

21.47A.20 Principally Permitted Uses

The principal permitted Harbor Dependent Marine Commercial uses include:

1. Marinas and boat basins, boat berthing and float facilities, docks, barge, boat, and ship loading and unloading facilities, boat and ship building and repair facilities for nontrailerable boats, dry boat storage, and breakwater devices and piers.

2. Processing and packaging plants for fish and/or marine products and wastes from such plants, processing plants for waste products from fish and/or marine products processing plants, aquaculture and auxiliary facilities, net repair and gear repair and the storage of commercial fishing gear on vacant parcels.

3. Marine products purchasing and storage facilities, marine electronic repair and sales, ice production and sales facilities, marine fuel sales and service facilities, and commercial fisheries supply stores.

4. Boat ramps, boat launching facilities and boat cleaning areas.

5. Seafood sales.

6. Non-flashing signs appurtenant to any permitted use not exceeding forty square feet in aggregate area.

7. Accessory uses and buildings appurtenant to a permitted use including parking areas.

8. Pipelines that need ocean access (e.g., pipelines for disposal of dredged spoils, ocean outfall and intake pipelines, boat and ship loading and unloading pipelines, pipelines serving offshore facilities, etc.).

9. Import and export facilities requiring a waterfront location.

10. Maintenance dredging and dredge materials disposal at approved disposal sites.

11. Harbor District offices, harbor maintenance facilities, Coast Guard docks and quarters.

(Ord. 2021-001 § 3, 2021)

21.47A.30 Uses Permitted With A Use Permit

Uses permitted with a use permit shall be as follows:

1. Wastewater treatment plants and/or facilities.

2. Restaurant/café serving fishermen.

3. Marine fuel tanks.

4. Public and quasi-public utilities needed to serve the harbor and/or coastal-dependent or coastal-related uses and facilities.

5. Marine products manufacturing or assembly plants not identified above, which require immediate access to the harbor's waters.

6. Non-flashing signs exceeding forty square feet in aggregate area, subject to Title 18.

(Ord. 2021-001 § 3, 2021)

21.47A.40 Building Height

Building height limit shall be seventy-five feet.

(Ord. 2021-001 § 3, 2021)

21.47A.50 Minimum Lot Area

Minimum parcel area shall be two thousand eight hundred and fifty feet square feet.

(Ord. 2021-001 § 3, 2021)

21.47A.60 Minimum Lot Width

Minimum parcel width shall be thirty feet.

(Ord. 2021-001 § 3, 2021)

21.47A.70 Lot Coverage

Percentage of lot coverage permitted shall be up to one hundred percent of the building site, except as required in Chapter 21.47.

(Ord. 2021-001 § 3, 2021)

21.47A.80 Front Yard

Required front yards shall be none.

(Ord. 2021-001 § 3, 2021) 21.47A.90 Side Yard

Required side yards shall be none.

(Ord. 2021-001 § 3, 2021) 21.47A.100 Rear Yard

Required rear yards shall be none.

(Ord. 2021-001 § 3, 2021)