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Procedures for Marina License Review <br />January 17, 1989 <br />Page 5 of 6 <br />Regarding changing the code to make marinas a conditional use in the <br />B-2 district, the City would face a court battle with 4 of the 6 major <br />marinas. The marinas feel that they have a distinct right t*^ exist as an <br />allowed use, but would face a much less secure existence if they became a <br />conditional use. The B-2 commercial district was created specifically for <br />marina operations. All of our marina operations exist within B-2 zoning <br />districts. If marina operations became a conditional use in the B-2 <br />district, then, presuming the current performance standards on file are <br />continued, none of the marinas would meet the required standards and you <br />would end up granting variances right off the bat. The only value, then, <br />in making marinas a conditional use in the B-2 zone is to ensure any new <br />marina operations starting up would have to meet the new conditions. The <br />City already has this type of control in its B-2 zoning standards. <br />In summary, staff feels that there are three factors that support <br />discontinuation of marina licensing: <br />1. The City has limited jurisdiction over dock use areas, layouts, <br />number of slips and dredging. Tne City's main jurisdiction lies in <br />land use controls. <br />2. Marina licensing is an unnecessary duplicity of regulation. Any <br />changes to a marina operation requires a commercial site plan review <br />as a minimum, and often requires a land use application, both <br />processes which are under final authority of the City Council. <br />3. Denial of licenses has not been an effective reprimand, nor has it <br />Increased compliance with the codes. Lack of license has proven to <br />not be a deterrent to the sale of marinas.