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The intent of the Water Oriented Development policies and regulations is to ensure that water-dependent, water-related, or water-enjoyment, or a combination of such uses, is preferred in shorelines.

A. Applicability. The policies and regulations of this Section shall apply to all uses and development, within all shoreline environment designations.

B. Policies.

1. Reserve shorelines, to the maximum extent possible, for water-oriented uses, including water-dependent, water-related and water-enjoyment uses.

2. Allow water-related and water-enjoyment uses as part of mixed use development on over-water structures where they are clearly auxiliary to, and in support of, water-dependent uses.

3. Allow mixed use commercial and industrial development, including non water-dependent uses, only when they include and support water-dependent uses.

4. Give priority to water-oriented uses over non water-oriented uses, with highest priority given to water-dependent uses.

C. Regulations.

1. Parking areas associated with a principal use shall be located outside shorelines unless no feasible alternative location exists. Parking as a principal use is prohibited.

2. Except for single-family residences, non water-oriented uses or portions of a use that are non water-oriented shall demonstrate why the use must be located in shorelines.

3. Water dependent uses and public access to shorelines are preferred use in all shoreline environments.

4. In the Natural SED, commercial, industrial, multi-family residential, and non water-oriented recreation uses are prohibited.

5. In the Conservancy SED, water-dependent and water-enjoyment recreation facilities that do not deplete the resource over time, including but not limited to boating facilities, angling, hunting, wildlife viewing trails, and swimming beaches, may be allowed if adverse impacts to the shoreline are mitigated. Commercial development should be limited to where those uses have been located in the past or to unique sites that possess shoreline conditions and services necessary to support the commercial development.

6. In the Residential SED:

a. Residential and water-oriented commercial development is allowed where such development can be accommodated with no net loss of shoreline ecological functions.

b. Public or private recreation facilities are allowed if compatible with surrounding development. Preferred recreational uses include water-dependent and water-enjoyment recreation facilities that provide opportunities for substantial numbers of people to access and enjoy the shoreline.

c. New commercial development should be limited to water-oriented uses. Expansion of existing non water-oriented commercial uses may be permitted; provided, that such uses should create a substantial benefit with respect to the goals and policies of this Title, such as providing improved public access or restoring degraded shorelines.

7. In the High Intensity SED, non water-oriented uses are not allowed unless they provide a significant public benefit, such as ecological restoration and public access, and:

a. They are within a legally established building or are located within an existing mixed-use development;

b. They do not conflict with or limit opportunities for water-oriented uses; or

c. They are located on sites where there is no direct access to the water's edge.

8. A change from an existing non water-oriented use to another non water-oriented use is permitted, without a Conditional Use Permit, subject to the general policies and regulations of this Title.

9. Expansion of an existing non water-oriented use is subject to a Conditional Use Permit.

10. A change in use from an existing water-oriented use to a non water-oriented use is not permitted.

(Ord. 2013-45s4 § 7 (part), 2015)