Regulation .05 Criteria for a Commercial Nonwater-Dependent Project.
Regulation .05 Criteria for a Commercial Nonwater-Dependent Project.LinkCopy Citation
Subject to the requirements established under Regulation .04 of this chapter, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project located on State or private wetlands within the Critical Area if the project:
A.
Involves a commercial activity that:
(1)
Is permitted as a secondary or accessory use to a permitted primary commercial use;
(2)
Is not located on a pier that is attached to residentially, institutionally, or industrially used property;
(3)
Is located in:
(a)
An intensely developed area; or
(b)
An area that has been excluded from a local Critical Area program, if the exclusion has been approved by the Commission;
(4)
Is approved by the local planning and zoning authorities;
(5)
Allows or enhances public access to State wetlands, if applicable;
(6)
Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;
(7)
Has a height of up to 18 feet, unless the project is located at a marina; and
(8)
Is up to 1,000 square feet in total area; or
B.
Is located on a pier that was in existence on or before December 31, 2012, and the project:
(1)
Satisfies all of the requirements under §A(1)—(7) of this regulation; and
(2)
If applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area.