1. Commercial development should be designed and constructed in such a manner as to result in no net loss of ecological function including implementation of low impact development techniques to the maximum extent feasible.

2. Where necessary depth for commercial or recreational vessels is adjacent, water-dependent commercial development should be given priority over commercial water-related and water-enjoyment uses.

3. Where necessary depth for commercial vessels is adjacent, water-oriented commercial development should maximize physical and/or visual public access opportunities to the shorelines.

4. Public access, as specified above, should not be provided where it is demonstrated to conflict with the intended use for reasons of safety, security, or carrying out the use itself.

5. When public access to the shorelines is provided as an element of a commercial development, it should not adversely impact the ecological function of the shoreline.

6. Non-water-oriented uses should utilize existing structures on the south side of the Whatcom Waterway between the historic GP log pond and Roeder Avenue subject to a specified lease or length of operation limitation.

7. Non-water-oriented commercial uses within certain areas of the Waterfront District shoreline designation specifically identified in BMC 22.03.030(F)(4)(a) and (b), Shoreline environmental designations, should be allowed to locate and operate on a temporary basis within existing structures.

8. Where necessary depth for commercial vessels is not viable, water-related and water-enjoyment commercial development should take advantage of its shoreline location by locating and designing the use to bring a large number of citizens to the shorelines.

9. Where necessary depth for commercial vessels is not viable, including along freshwater systems, non-water-oriented commercial development should provide public access to the shoreline provided it does not impact the riparian and ecological function of the shoreline and should include restoration of the riparian and near-shore zones whenever feasible.

1. Water-dependent commercial development shall not interfere with or compromise the operation of existing adjacent water-oriented development or decrease opportunities for the general public to access adjacent shorelines.

2. Water-oriented commercial development shall provide opportunities for the public to access the shoreline adjacent to the subject use. Where public access has already been provided as part of a prior project or action, said use shall be designed and constructed to be oriented towards the shoreline. (“Oriented towards the shoreline” means that the active space for customers and passersby is facing or directed towards the shoreline. Active space does not include service entries or load/unload areas.)

3. Non-water-oriented commercial uses shall provide opportunities for the general public to access the shoreline or to access an existing or proposed adjacent public access amenity as required per Chapter 22.03 BMC and the standards in BMC 22.08.090, Public access. (For example, provide a link to a view overlook, trail, park or open space, recreation area or public access easement.)

4. Non-water-oriented commercial uses that are located on shorelines where necessary depth for commercial vessels is not available shall be required to improve the existing ecological function consistent with the applicable requirements in Chapter 22.03 BMC and as specified in Chapter 22.08 BMC.

5. Commercial development shall implement a range of low impact development techniques to minimize the impacts on riparian, near-shore and upland areas.

6. Parking for commercial uses on marine shorelines shall not be located between the development and the shoreline. Required parking for ADA and personal load/unload zones are allowed within shorelines but not within a required buffer.

7. Parking for commercial uses on freshwater shorelines shall not be permitted between development and the shoreline. Required parking for ADA and personal load/unload zones are allowed within shorelines but not within a required buffer.

8. Non-water-oriented commercial uses located on shorelines shall be designed and oriented towards the shoreline. It is not required that the only main entrances to buildings and uses must be oriented towards the shoreline, but there shall be opportunities for employees and patrons to enjoy the shoreline location.

9. Non-water-dependent loading and service areas shall not be located between the shoreline and the development.

10. Commercial development shall implement site lighting techniques that minimize the amount of spill-over into riparian and aquatic environments. These techniques shall include but are not limited to reduction of pole heights and locations, fixture designs including shading/shielding devices, bulb types and reduced wattages.

11. Non-water-oriented commercial uses shall not be located on shorelines when adjacent to waters that have necessary depth for commercial or recreational vessels unless they meet at least one of the criteria below: