17.150.052 Commercial development.
(1) New commercial uses are limited to the high intensity environment and are limited to uses allowed by underlying zoning with the use preferences and restrictions in this program.
(2) New commercial and community services developments are subject to the following use preference:
(a) Water-Dependent Uses. Water-dependent commercial uses shall be given preference over water-related and water-enjoyment commercial and community services uses. Prior to approval of water-dependent uses, the city shall review a proposal for design, layout, and operation of the use and shall make specific findings that the use qualifies as a water-dependent use. Water-dependent commercial and community services uses shall provide public access in a manner that will not interfere with the water-dependent aspects of the use. The portion of a site not required for water-dependent use may include multiple use, approved non-water-oriented uses, ecological restoration, and public access.
(b) Water-Related Uses. Water-related commercial uses shall not be approved if they displace existing water-dependent uses. Prior to approval of a water-related commercial or community services use, review of the design, layout, and operation of the use shall confirm that the use has a functional requirement for a waterfront location, or the use provides a necessary service supportive of water-dependent uses, and/or the proximity of the use to its customers makes its services less expensive and/or more convenient. Multiple-use development within 100 feet of the OHWM that incorporates water-dependent use generally should reserve the ground level for water-dependent use.
(c) Water-Enjoyment Uses. Water-enjoyment commercial uses shall not be approved if they displace existing water-dependent or water-related uses or if they occupy space designated for water-dependent or water-related use identified in a substantial development permit or other approval. Prior to approval of water-enjoyment uses, review of the design, layout, and operation of the use shall confirm that the use facilitates public access to the shoreline, or the use provides for aesthetic enjoyment of the shoreline for a substantial number of people as a primary characteristic of the use. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that foster shoreline enjoyment.
(d) Non-Water-Oriented Uses. Non-water-oriented commercial and community services uses may be permitted where:
(i) Located on a site physically separated from the shoreline by another private property in separate ownership or a public right-of-way such that access for water-oriented use is precluded; provided, that such conditions were lawfully established prior to the effective date of the Shoreline Master Program, or established with the approval of the city.
(ii) On a site where navigability is severely limited such that water-dependent use is not feasible.
(iii) Where the use is part of a multiple-use project that provides significant public benefit with respect to the objectives of the Act.
(3) All non-water-dependent uses shall provide significant public benefit with respect to the objectives of the Act by:
(a) Restoring ecological functions both in aquatic and upland environments that will provide native vegetation buffers according to the provisions of SMC 17.150.022, 17.150.023 and 17.150.024 and the restoration element of this plan and other plans and policies including the WRIA 10 salmon restoration plans; and
(b) Providing as public access the balance of the water frontage not devoted to ecological restoration and associated buffers as provided in SMC 17.150.025.
(4) Over-water structures, or other structures waterward of the OHWM, are allowed only for those portions of water-dependent commercial uses that require over-water facilities as an essential feature of their function or for public recreation and public access facilities. Design of over-water structures or structures beyond the OHWM shall demonstrate that they will not interfere with normal stream geomorphic processes or require shoreline stabilization.
(5) All new or expanded commercial uses shall take into consideration the scenic and aesthetic qualities of the shoreline and compatibility with adjacent uses. They shall make adequate provisions such as location of structures, parking and other facilities, and landscape screening, fences and other measures to protect the privacy and enjoyment of adjacent land uses and open space areas.
(6) Accessory development or use that does not require a shoreline location such as parking, service buildings or areas, access roads, utilities, signs, and storage of materials shall be located outside of SMA jurisdiction wherever feasible. Siting within SMA jurisdiction should be limited to facilities required to serve approved water-oriented uses and/or developments and should be located inland away from the land/water interface and landward of water-oriented developments.
(7) Signs for all development and uses shall comply with the city of Stanwood sign code and this program. (Ord. 1373 § 46, 2014).