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: Involves a commercial activity that: Is permitted as a secondary or accessory use to a permitted primary commercial use; Is not located on a pier that is attached to residentially, institutionally, or industrially used property; Is located in: An intensely developed area; or An area that has been excluded from a local Critical Area program, if the exclusion has been approved by the Commission; Is approved by the local planning and zoning authorities; Allows or enhances public access to State wetlands, if applicable; Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed; Has a height of up to 18 feet, unless the project is located at a marina; and Is up to 1,000 square feet in total area; or Is located on a pier that was in existence on or before December 31, 2012, and the project: Satisfies all of the requirements under §A(1)—(7) of this regulation; and If applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area.