23.60A.454

A. Public access meeting the following criteria shall be provided and maintained on all waterfront lots for all developments, except as modified by subsection 23.60A.454.B. Development shall provide a minimum of 15 percent of the developed lot area or 5,000 square feet, whichever is greater, for public access. 1. If 10,500 square feet or more of public access is required, the development shall provide a minimum of a 10 foot wide public access walkway along the three seaward edges of the pier or wharf. 2. If less than 10,500 square feet of public access is required, the development shall provide: a. A minimum 10 foot wide public access walkway along the north or south edge of the pier or wharf; b. A minimum 15 foot wide public access walkway along the seaward edge of the pier; and 3. The required walkways may be located on the 18 foot pier apron required pursuant to subsection 23.60A.456.C.1. 4. If a lot contains a mix of uses that requires public access and uses that are exempt, public access shall be provided unless the percentage of the lot that is covered by uses that are exempt from public access is more than 75 percent. B. Public access exceptions 1. On piers or wharf structures that have been reconfigured to allow open water at the landward end of the structure the standards in subsections 23.60A.454.A and 23.60A.454.B may be modified to provide public access that meets the intent of those subsections as determined by the Director; 2. The Director may modify the configuration of the public access required in subsection 23.60A.454.A if a development provides public access that connects to public access north and south of the site around the perimeter of a wharf or pier; 3. The Director may modify the standards of the public access required in subsection 23.60A.454.A if the lot is included in a public access plan approved by the Council and in the City's Capital Facilities Element of the Comprehensive Plan meeting the requirements of Section 23.60A.164 ; and 4. As an incentive to develop public open space jointly with other permitted public uses on piers or wharf structures, the Director may, as a Type I decision, allow departures from the standards for regulated public access in subsections 23.60A.454.A and 23.60A.454.B under the process and conditions specified in Section 23.60A.460 . (Ord. 124105 , § 3, 2013.)