29.20.040 Commercial development.
(1) Water-dependent commercial development shall be given priority over nonwater-dependent commercial uses within shoreline environments. Secondarily, water-related and water-oriented uses shall be given priority over nonwater-oriented commercial uses.
(2) Nonwater-oriented commercial uses shall be allowed if they can demonstrate at least one or more of the following:
(a) The commercial use is part of a mixed-use project that includes water-dependent uses and provides a significant public benefit with respect to the objectives of the SMA.
(b) Navigability is severely limited at the proposed site, including opportunities for nonmotorized boating or other water-oriented uses.
(c) The commercial use is physically separated from the shoreline by another property, public right-of-way, or levee.
(d) The commercial use is farther upland than 200 feet from the OHWM; therefore, a water-oriented use is not a viable option.
(3) Nonwater-oriented uses, including, but not limited to, residential uses, may be located with water-oriented commercial uses; provided, that:
(a) The mixed-use project includes one or more water-dependent uses.
(b) Water-dependent commercial uses, as well as other water-oriented commercial uses, have preferential locations along the shoreline.
(c) The underlying zoning district permits residential uses together with commercial uses.
(d) Public access is provided and/or ecological restoration is provided as a public benefit.
(4) Review Criteria. The City shall utilize the following information in its review of all commercial development applications:
(a) Whether there is a water-oriented aspect of the proposed commercial use or activity when it is located within 200 feet of the OHWM;
(b) Whether the proposed commercial use is consistent with the Shoreline Use and Modification Matrix (Table 29.15.010);
(c) Whether the application has the ability to enhance compatibility with the shoreline environment and adjacent uses;
(d) Whether adequate provisions are made for public and private visual and physical shoreline access; and
(e) Whether the application makes adequate provisions to prevent adverse environmental impacts and provide for shoreline ecological or critical area mitigation, where appropriate.
(5) Commercial development shall be designed and maintained in a manner compatible with the character and features of surrounding areas. Developments are encouraged to incorporate low-impact development techniques into new and existing projects and integrate architectural and landscape elements that recognize the river and lake environments. The City may prescribe and modify project dimensions, screening standards, setbacks, or operation intensities to achieve this purpose.
(6) Eating and drinking facilities and lodging facilities shall be oriented to provide views to the waterfront, when such view is available from the site.
(7) Commercial uses shall provide for public access as a condition of approval, unless such public access is demonstrated by the proponent to be infeasible or inappropriate for the shoreline pursuant to PMC 29.15.070, Public access.
(8) Commercial uses shall provide for suitable measures to rehabilitate and enhance the shoreline ecology as a condition of approval.
(9) Nonwater-oriented commercial uses shall not be allowed over water in any shoreline environment.
(10) All commercial loading and service areas shall be located upland or away from the shoreline. Provisions shall be made to screen such areas with walls, fences, and landscaping and to minimize aesthetic impacts.
(11) The storage of potentially hazardous or dangerous substances or wastes is prohibited in the floodway or within 200 feet of the OHWM, whichever boundary extends farthest landward.
(12) Development shall be located, designed, and constructed in a manner that ensures no net loss of shoreline ecological functions and without significant adverse impacts on other preferred land uses and public access features. [Ord. 4314 § 2, 2016; Code 1970 § 29.01.340.]