18S.40.050 Commercial, Civic and Industrial.
The intent of the Commercial, Civic and Industrial policies and regulations is to manage commercial, civic, and industrial development on shorelines.
A. Applicability. This Section applies to commercial, civic and industrial uses and development including centers that provide services and facilities for the transfer of commodities (water, air, or land) of commerce to and from vehicles, and may provide the means for their protection, storage, maintenance, and operation.
B. Policies.
1. Encourage restoration of impaired shoreline ecological functions and processes as part of commercial, civic and industrial development.
2. Allow mixed use development, including non water-dependent uses, only when they include and support water-dependent uses, unless the site does not abut the water's edge.
3. Encourage multiple-use concepts such as including open space and recreation in commercial, civic and industrial development.
4. Maximize use of existing ports and other industrial areas prior to expansion or development of new industrial sites.
5. Consider regional industrial needs in reviewing new proposals and allocating shorelines for industrial development. Such reviews or allocations should be coordinated with port districts, adjacent counties and cities, and the State.
C. Regulations.
1. Structures waterward of the OHWM shall be on piling or other open-framework, and shall be limited to those that require over-water facilities.
2. In addition to standard submittal standards, see Chapter 18S.70 PCC – Appendix D, Commercial, Civic, and Industrial Application Requirement.
3. Non water-oriented commercial, civic or industrial uses, or portions of a use that are non water-oriented, are prohibited in shorelines unless they meet one of the following criteria:
a. The use is part of a mixed-use project that includes water-dependent uses and provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration; and
b. Navigability is severely limited at the proposed site; and the commercial, civic or industrial use provides a significant public benefit with respect to the Shoreline Management Act's objectives such as providing public access and ecological restoration; or
c. The use is physically separated from the water's edge by another legally established property in separate ownership or existing permanent substantial improvement, such as a paved area, dike, levee, or other permanent structure which serves to eliminate or greatly reduce the impact of the proposed use and development upon the shoreline.
4. Non water-dependent commercial, civic and industrial uses should not be allowed over water except in existing structures or in the limited instances where they are auxiliary to and necessary in support of water-dependent uses.
5. Where applicable, new development shall include environmental cleanup and restoration of the shoreline in accordance with any relevant State and Federal law.
6. A change from an existing non water-oriented commercial, civic or industrial use to another non water-oriented commercial, civic or industrial use is permitted without a Conditional Use Permit, subject to the general policies and regulations of this Title.
7. When commercial, civic or industrial redevelopment involves relocating or expanding the existing structure, shoreline restoration or mitigation shall be a condition of approval. Mitigation may include, but is not limited to:
a. Moving the structure away from the shoreline;
b. Removing any shoreline armoring or replacing hard with soft armoring;
c. Riparian vegetation restoration, including removing invasive and planting natives; or
d. Stormwater retrofits to implement Low Impact Development.
8. When commercial, civic or industrial redevelopment involves relocating or expanding the structure, public access shall be a condition of approval, unless infeasible due to health or safety issues. Public access may include, but is not limited to:
a. Establish shoreline access or maintain existing public access;
b. Connecting a trail to existing public access on adjacent property; or
c. Providing for visual access to the shoreline.