35.15.130 Regulations | Clallam County Code

35.15.130 Regulations.

(1) Permitted, conditional and prohibited commercial and industrial uses and developments within each shoreline environmental designation are to be based on CCC 35.10.090, Table 2-2, and as further prescribed by the policies and regulations of this chapter and Program. All commercial and industrial uses and development are prohibited within shoreline areas designated Natural. All shoreline commercial and industrial uses must also be a permitted use under the Clallam County Zoning Code, CCC Title 33.

(2) A water-oriented commercial or industrial use or development may be permitted in certain environment designations through substantial development permit or conditional use permit consistent with Table 2-2 when the project proponent demonstrates that it will not have an adverse impact on shoreline ecological functions or processes, adjacent shoreline uses, navigation, recreation or public access.

(3) To avoid adverse impacts on shoreline functions and processes and protect people and properties from hazards, commercial and industrial uses and developments shall comply with the applicable provisions of Chapters: 35.30 CCC, Shoreline Buffers and Vegetation Conservation; 35.35 CCC, Critical Areas within Shoreline Jurisdiction; 35.40 CCC, Mitigation and No Net Loss; and with the applicable articles: Article II of Chapter 35.25 CCC, Clearing, Grading and Filling; Article III of Chapter 35.25 CCC, Public Access; Article IV of Chapter 35.25 CCC, Water Quality and Water Management; and Article V of Chapter 35.25 CCC, Archaeological, Historical and Cultural Resources.

(4) Components of an approved commercial or industrial use or development that are water-dependent or water-related may be permitted within the shoreline buffer provided that the amount of buffer encroachment and disturbance are the minimum needed to accommodate the water-dependent or water-related component and provided further that the use/development:

(a) Is located in preexisting disturbed areas, areas with low habitat value, and/or within the “active use” area prescribed in CCC 35.30.030; and

(b) Will not impact a geologically hazardous area; and

(d) Complies with all other requirements of this Program.

(5) To ensure consistency with subsection (4) of this section, the County shall determine whether and how much water-dependent or water-related use/development to allow in the shoreline buffer on a case-by-case basis by considering all of the following factors:

(a) The type and intensity of the proposed use; and

(b) The size and configuration of the parcel and the ability to locate structures and other facilities outside the buffer; and

(d) The sensitivity of the aquatic habitat to the disturbances caused by the proposed use; and

(e) The ability of the proponent to offset unavoidable impacts through compensatory mitigation on site or at an appropriate off-site location.

(6) Construction of over-water (i.e., waterward of the ordinary high water mark) commercial or industrial structures shall be prohibited, provided this prohibition does not preclude the development of floats, docks, boat launch ramps, or other river/marine access facilities that are consistent with the intent of this Program and necessary for the operation of an associated water-dependent commercial or industrial use.

(7) A commercial/industrial use or development shall not be considered water-dependent, water-related or water-enjoyment unless the proposed design, layout and operation of the use/development meets the definition and intent of the water-dependent, water-related or water-enjoyment designation.

(8) To ensure that water-oriented commercial uses have priority along shorelines, new non-water-oriented commercial or industrial uses are prohibited unless they meet one or more of the following criteria:

(a) The site is physically separated from the water by another property in separate ownership or a public right-of-way; or

(b) The site is located on a water body that is non-navigable or where navigability is severely limited and the use would provide a significant public benefit with respect to the goals of this Program, such as providing public access and ecological restoration; or

(c) The use is part of a mixed use project that includes an associated water-dependent use and provides a significant public benefit by providing public access or restoring/enhancing the shoreline environment to improve ecological functions and processes. The County shall determine the type and extent of access or restoration on a case-by-case basis according to the opportunities and constraints provided by the site. The County may waive or modify the requirement to provide public access and/or restoration when the size of the parcel and/or the presence of adjacent uses preclude restoration or enhancement of shoreline ecological functions. In such cases, where on-site access or restoration/enhancement is not feasible, equivalent off-site access or restoration/enhancement shall be provided consistent with the policies and regulations of this Program.

(9) Existing non-water-dependent and non-water-related commercial or industrial use or development on shorelines that conform to this Program may be permitted to expand landward but not waterward of existing structures provided the expansion otherwise conforms to this Program.

(10) Encroachment onto a public beach by a commercial or industrial development is prohibited. Where a commercial use is allowed on shorelands in public ownership, public access to the shoreline waterward of such use must be retained and provided.

(11) To preserve shoreline views, new commercial and industrial structures shall not exceed 40 feet in height above the average grade level.

(12) The design and scale of a commercial development shall be compatible with the shoreline environment. The following criteria will be used to assess compatibility:

(a) Building materials;

(b) Site coverage;

(d) Density;

(e) Lighting, signage, and landscaping;

(f) Public access; and

(g) Visual assessment.