16.55.430 Commercial Development.
(1) Policies.
(a) Give preference to water-dependent commercial uses over nonwater-dependent commercial uses in shoreline jurisdiction. Water-related and water-enjoyment uses should be prioritized over nonwater-oriented commercial uses.
(b) Encourage water-oriented commercial uses to locate near the water so as to provide opportunities for substantial numbers of people to enjoy shoreline amenities. Those developments that are nonwater-oriented or over-water uses should be encouraged to locate inland from the shoreline jurisdiction.
(c) Encourage new commercial development to locate in areas where commercial development uses already exist, and ensure that it does not significantly reduce scenic views or result in net loss of shoreline ecological function.
(2) Regulations.
(a) Water-dependent, water-related, and water-enjoyment uses are permitted where allowed by zoning and this SMP.
(b) Preference shall be given to water-dependent commercial uses over nonwater-dependent commercial uses. Water-related uses and water-enjoyment uses shall be given priority over nonwater-oriented uses.
(c) Commercial use that is not water-dependent shall not be allowed over water except where it is located within an existing building or where it is accessory to a water-dependent use.
(d) Nonwater-oriented commercial development shall be prohibited unless it meets one of the following criteria and is otherwise allowed consistent with the Use and Modification Table (Table 16.55.320-1):
(i) The use is part of a mixed-use project that includes water-dependent uses and provides a significant public benefit with respect to provision of public access or ecological restoration;
(ii) The use is an existing or redeveloped structure in an area that has traditionally been used for nonwater-oriented uses. For example, retail uses in existing or redeveloped structures within the shoreline jurisdiction in the Downtown shall be allowed as a permitted use; or
(iii) Navigability is severely limited at the proposed site, and the commercial use provides a significant public benefit with respect to provision of public access or ecological restoration.
(e) In areas of the shoreline designated for commercial uses, nonwater-oriented commercial uses may be allowed on sites physically separated from the shoreline by another property or public right-of-way.
(f) New commercial developments shall provide public access to the shoreline.
(g) Commercial development shall comply with the Environmental Protection regulations of Section 16.55.250 and shall be located, designed, and constructed in a way that ensures no net loss of shoreline ecological functions and without significant adverse impacts to other preferred land uses and public access opportunities as provided for in RCW 90.58.020. (Ord. 16-3 §44, 2016).