15.14.370 Commercial development.
A. Policies.
1. Commercial Use Preferences. Preference should be given for water-dependent commercial uses above water-related uses. Water-related uses should have priority above water-enjoyment uses. All water-oriented commercial uses have preference over non-water-oriented commercial uses.
B. Regulations.
1. Water-Oriented Uses Allowed. Water-dependent, water-related, and water-enjoyment uses are permitted where allowed by zoning and this SMP. Water-dependent commercial uses shall be given preference over water-related and water-enjoyment uses. The applicant shall demonstrate to the satisfaction of the town that proposed uses meet the definitions of water-dependent, water-related or water-enjoyment (water-oriented use) and the town shall give preference, in order, to water-dependent uses, water-related uses, and water-enjoyment uses. Water-enjoyment uses shall provide a clear public benefit, be open to the public at regular hours, and be oriented towards the water.
2. Mixed-Use Development. Residential and multifamily residential structures may be located with water-oriented or non-water-oriented commercial uses provided:
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 for a significant number of persons in accordance with SPMC 15.14.310, and ecological restoration is provided as a public benefit.
e. Residential uses meet requirements of SPMC 15.14.420.
3. Non-Water-Oriented Commercial Uses Limited. In areas designated for commercial use, non-water-oriented commercial uses are allowed if the site is physically separated from the shoreline by another property or public right-of-way. On properties fronting the shoreline, new non-water-oriented commercial development is prohibited in shoreline jurisdiction, except where such use provides a significant public benefit with respect to the Act’s objectives, such as providing public access and ecological restoration, and the use is part of a mixed-use project that includes water-dependent uses.
4. Accessory Uses to Water-Oriented Commercial Activities. Accessory commercial development that does not require a shoreline location shall be located landward of the water-oriented portions of the development and comply with the general shoreline environment buffers found in Table 3.2. Accessory uses may be allowed in existing structures or where necessary in support of water-oriented uses. Accessory development includes, but is not limited to, parking, storage and service areas, and circulation.
5. Public Access. See SPMC 15.14.310. [Res. 2023-04 § 1 (Att. B), 2023; Ord. 580 Att. A § 5.3, 2019.]