13.11.050 Commercial development.
A. Commercial development is activity related to the sale of goods and services, including, but not limited to, retail, services, wholesale, or business trade activities. Types of commercial development include, but are not limited to, hotels, motels, or other commercial accommodations, grocery stores, restaurants, concessions, shops, commercial recreation facilities such as marinas, boat repair, boat, canoe, or kayak rentals, and offices. See also BMC 13.11.030, Boating facilities, for in-water commercial activities.
B. Review Criteria. The city shall utilize the following information in its review of all commercial development applications:
1. Whether there is a water-dependent, water-related, or water-oriented aspect of the proposed commercial use or activity;
2. Whether the proposed commercial use is consistent with the use matrix of BMC 13.07.080;
3. The application’s ability to enhance compatibility with the shoreline environment and adjacent uses;
4. Whether adequate provisions are made for public and private visual and physical shoreline access;
5. Whether the application makes adequate provisions to prevent or mitigate adverse environmental impacts; and
6. Whether the application makes adequate provisions to provide for shoreline ecological or critical area mitigation, where appropriate.
C. Water-dependent commercial development shall be given priority over non-water-dependent commercial uses within shoreline environments associated with the Sammamish River. Secondarily, water-related and water-oriented uses shall be given priority over non-water-oriented commercial uses.
D. Non-water-oriented commercial uses shall be allowed if the use can demonstrate at least one of the following:
1. The commercial use is part of a mixed use project that includes water-dependent uses.
2. Navigability is severely limited at the proposed site, and the commercial use provides a public benefit with respect to the objectives of the Act, such as providing public access consistent with BMC 13.09.050 and ecological restoration that is not otherwise required for mitigation purposes.
3. The commercial use is physically separated from the shoreline by another property or public right-of-way.
E. Non-water-oriented uses, including but not limited to residential uses, may be located with water-oriented commercial uses, provided:
1. The mixed use project includes one or more water-dependent uses.
2. Water-dependent commercial uses as well as other water-oriented commercial uses have preferential locations along the shoreline.
3. The underlying zoning district permits residential uses together with commercial uses.
4. Public access is provided for significant number of persons in accordance with BMC 13.09.050, and/or ecological restoration is provided as a public benefit.
5. Residential uses meet requirements of BMC 13.11.130.
F. All commercial loading and service areas shall be located upland or away from the shoreline. Provisions shall be made to screen such areas with walls, fences and landscaping and to minimize aesthetic impacts.
G. Eating and drinking facilities and lodging facilities shall be oriented to provide views to the waterfront.
H. Non-water-oriented commercial uses shall not be allowed over water in any shoreline environment unless they are accessory to and support water-dependent uses. (Ord. 2112 § 3 (Exh. C), 2013).