23.60A.202

A. Floating homes allowed and prohibited 1. Floating homes are allowed if they meet the standards in subsections 23.60A.202.A.1.a and 23.60A.202.A.1.b: a. The floating home: 1) Is legally established or has a building permit on the effective date of this ordinance; or 2) Replaces a floating home legally established on the effective date of this ordinance and in compliance with subsection 23.60A.202.D.5 and the standards of this Section 23.60A.202 ; and b. Occupies a floating home moorage that is legally established on the effective date of this ordinance, except as allowed under subsection 23.60A.202.B.2; 2. Floating homes that do not meet the standards of subsection 23.60A.202.A.1 are prohibited. B. Standards for floating home moorages and sites 1. Moorage Location a. Every floating home moorage shall be located on privately owned or privately controlled premises. Floating home moorages are prohibited from being located in any waterway or fairway or in the public waters of any street or street end, except as provided in subsections 23.60A.202.B.1.b through 23.60A.202.B.1.e. b. Floating home moorages that were located in public waters or any street or street end on January 1, 1974, or on property later dedicated to the City for street purposes are allowed if they: 1) Have continuously existed in such locations; 2) Comply with all the provisions of this Chapter 23.60A ; 3) Are authorized by a use and occupancy permit approved by the Director of Transportation; and 4) Are not moved from its existing location. c. Floating homes may not relocate to that portion of a floating home moorage occupying waters owned or controlled by the City or occupying any street or street ends existing on the effective date of this ordinance, or on property later dedicated to the City for street purposes, but floating homes that legally protrude into a submerged street right-of-way as of the effective date of this ordinance may relocate within the floating home moorage portion of that right-of-way or exchange places with another floating home within the floating home moorage portion of that right-of-way if: 1) The amount of protrusion into the right-of-way is not increased; and 2) The new location does not cause an increase in impairment of public access or navigation. d. Floating home moorages are allowed to be located in Portage Bay in a submerged street segment lying generally parallel to the shoreline that terminates on the north and on the south in a submerged street area if the same person owns or leases the property abutting on both sides. e. Floating home moorages existing as of January 1, 1974, are allowed to be located partially on private property and partially in submerged portions of Fairview Avenue East lying generally parallel to the shoreline, if the occupant of the floating home owns or leases the private portion of the floating home site and has obtained a long-term permit from the City to occupy the abutting street area. 2. New floating home moorages and sites a. A new floating home moorage or a new floating home site at an existing floating home moorage is allowed in the UR Environment if: 1) The floating home moorage or site will be used to accommodate a floating home moored in a floating home moorage lawfully existing on the effective date of this ordinance; 2) It is located in Lake Union or Portage Bay; and 3) It complies with the standards in this Section 23.60A.202 . b. A new floating home moorage or a new floating home site at an existing floating home moorage is allowed in the UC Environment if: 1) The floating home moorage or site is necessary to accommodate a floating home moored in a floating home moorage lawfully existing on the effective date of this ordinance that is unable to continue to moor in that floating home moorage for the reasons set out in subsections 7.20.040.E through 7.20.040.H; 2) It is located in Lake Union or Portage Bay; 3) The floating home moorage is added to a recreational marina or a commercial marina, or a new floating home site is added to a floating home moorage existing as of the effective date of this ordinance; 4) If the floating home moorage is to be located within a recreational marina or commercial marina, the marina has no more than five existing floating home sites at the marina; 5) No more than five floating home moorages or sites may be added to any marina or floating home moorage in the UC Environment after April 1, 1987; and 6) The new floating home moorage or site complies with the standards in this Section 23.60A.202 , except that there are no parking or minimum floating home site area requirements, and modifications to the setback and float separation requirements are allowed throughout the moorage to the minimum extent necessary and consistent with Residential and Fire Code requirements. c. Total water coverage, including all floating home moorage walkways, in the new floating home moorage or in the expanded portion of the existing floating home moorage shall not occupy more than 45 percent of the submerged area, including the floating home. d. Each new floating home site in a new or expanded floating home moorage shall meet the following standards: 1) The area for a floating home site is a minimum of 2,000 square feet; 2) Floating home sites shall have sufficient dimensions to accommodate a floating home meeting the standards of subsection 23.60A.202.D; 3) Floating home sites shall be configured so that a floating home cannot extend beyond the waterward end of the pier; 4) Floating home sites shall not be located within 15 feet of the OHW mark; 5) Floating home sites shall have direct access to a pier of not less than 5 feet of unobstructed width that is accessible from a street; and 6) Floating home sites shall have at least 20 feet of frontage on water continuously open to navigation. e. A new floating home moorage or site established for a floating home that is unable to continue mooring in a floating home moorage lawfully existing as of the effective date of this ordinance for the reasons set out in subsections 7.20.040.E, 7.20.040.F, 7.20.040.G, or 7.20.010.H "Safe Harbor", is not required to comply with parking or minimum floating home site area requirements, and modifications to the setback and float separation requirements are allowed throughout the moorage, to the minimum extent necessary to accommodate relocated floating homes, and consistent with Residential and Fire Code requirements. 3. Existing floating home moorages and sites a. Total water coverage of floating home moorages, including all piers, shall not be increased above 45 percent of the submerged area or the currently existing coverage, whichever is greater, including the floating home, except as provided in subsection 23.60A.202.B.3.e; b. The area of an existing floating home site shall not be reduced below 2,000 square feet or the currently existing area, whichever is less, except as provided in subsection 23.60A.202.B.3.e; c. Existing floating home sites shall not be expanded in a manner that will result in the blockage of the view from the waterward end of a pier; and d. Existing floating home moorages shall not be reconfigured and existing floating homes shall not be relocated within a floating home moorage site unless the standards of this Section 23.60A.202 are met, except as provided in subsection 23.60A.202.B.3.e. e. If a legally established floating home is displaced for any of the reasons set out in subsection 7.20.040.E, 7.20.040.F, 7.20.040.G, or 7.20.010.H "Safe Harbor", an existing floating home moorage and its sites may be reconfigured to accommodate up to five displaced floating homes as follows: 1) New parking is not required; 2) The area of reconfigured floating home sites shall not be reduced below 2,000 square feet or the currently existing area, whichever is less, to the extent practicable; 3) Modifications to the limits on total water coverage are allowed, to the minimum extent necessary, to accommodate the displaced floating homes; 4) All reconfigured floating home sites shall meet the standards for new floating home sites set forth in subsections 23.60A.202.B.2.d.2 through 23.60A.202.B.2.d.6, except that modifications to the setback and float separation requirements are allowed throughout the moorage, to the minimum extent necessary, and consistent with Residential and Fire Code requirements; and 5) The reconfiguration shall not result in the blockage of the view from the waterward end of a pier. 4. Floating home moorages shall not provide moorage to floating homes that do not display a registration number issued under subsection 23.60A.202.G. C. Standards for exchange of floating home between existing floating home sites. Two floating homes may exchange floating home sites, either within a moorage or between moorages, if: 1. Height a. Both floating homes are the same height; or b. The relocation will not result in a floating home that is over 18 feet in height and higher than the replaced floating home being located waterward of floating homes that are 18 feet or less in height; or c. No floating home greater than 18 feet in height shall be relocated except to replace a floating home of equal or greater height. 2. The minimum distance between adjacent floating home walls and between any floating home wall and any floating home site line will meet the requirements of the applicable moorage standards in subsection 23.60A.202.B or 23.60A.202.D; and 3. The requirements of Chapter 7.20 , Floating Home Moorages, have been met. D. Standards for floating homes 1. Floating homes shall be moored at sites established as floating home moorages. 2. Floating homes may relocate to any established floating home moorage, consistent with the standards of this Section 23.60A.202 . 3. Floating homes shall be lawfully connected to sewer service for all wastewater including black and grey water discharge. 4. Float area shall be no larger than 1,200 square feet or the area of the existing float. 5. A floating home may be rebuilt, replaced, repaired, or remodeled consistent with the following standards and subsection 23.60A.202.D.6, if applicable: a. The float area or overwater coverage of the floating home is not increased, including cantilevered portions that extend beyond the edge of the float. b. No portion of any addition to a floating home exceeds: 1) 18 feet in height, as measured from the main deck or 3 feet above the surface of the water, whichever is lower, or 2) if current height as measured from the main deck or 3 feet above the surface of the water, whichever is lower, is above 18 feet, does not exceed its current height, but the height cannot exceed 21 feet as measured from the main deck or 3 feet above the surface of the water, whichever is lower, except to the minimum extent necessary to satisfy the provisions of the Building Code for open railings, chimneys, and mechanical vents. Open railings are limited to 36 inches in height. c. Setbacks between adjacent floating homes 1) If a floating home is being remodeled, the minimum distance between adjacent floating home walls shall not be decreased to less than 10 feet or, if the existing distance is less than 10 feet, the distance between adjacent floating home walls shall not be reduced to less than 6 feet. 2) If a floating home is being rebuilt or replaced, and a) the existing distance between floating home walls is greater than 6 feet, the minimum distance between adjacent floating home walls shall not be reduced below 10 feet or the existing distance, whichever is less, or b) If the existing distance is less than 6 feet, the minimum distance shall be 6 feet. 3) In no case shall the distance between floats be decreased. 4) The minimum distance between the exterior walls of floating homes on opposite sides of a moorage walkway shall be 10 feet or the existing distance, whichever is less. d. Setbacks between floating home walls and floating home moorage sites 1) If a floating home is being remodeled, the minimum distance between any floating home wall and the boundary of any floating home moorage site shall not be decreased to less than 5 feet or, if the existing distance is less than 5 feet, the distance between any floating home wall and the boundary of any floating home moorage site shall not be reduced to less than 3 feet. 2) If a floating home is being rebuilt or replaced, and a) the existing distance between any floating home wall and the boundary of any floating home moorage site is greater than 3 feet, this distance shall not be reduced below 5 feet or the existing distance, whichever is less, or b) If the existing distance between any floating home wall and the boundary of any floating home moorage site is less than 3 feet, the minimum distance shall be 3 feet. 3) In no case shall the distance between existing floats and the boundary of any floating home moorage site be decreased except as provided in 23.60A.202.D.5.d.4. 4) No minimum distance is required between a floating home wall and a moorage lot line when the lot line is adjacent to a public street right-of-way, a waterway, or the fairway. e. No new accessory floating structures are allowed. Accessory floating structures that have been continuously in use since March 1, 1977 may be maintained or replaced or relocated with the associated floating home but not expanded or transferred. f. The design of the floating home shall not block the view from the waterward end of a pier more than any existing view blockage. g. No new living or storage spaces shall be located below water level. Existing living or storage spaces below water level may be remodeled, replaced, or rebuilt, but may not be expanded. h. Unenclosed Styrofoam or similar material that has the potential to break apart is prohibited for use in new floats or for repairing or replacing all or parts of existing floats or for other purposes that would allow the broken pieces to enter the water. i. Floats shall be maintained and repaired using the minimum amount of structure below the OHW mark necessary to maintain floatation and: 1) At the time of replacement of the float, the replacement float shall be the minimum necessary; and 2) At the time of replacement of the floating home, any structure below the OHW mark and outside the primary float structure that provides minimal or no floatation shall be removed. j. Any proposal to replace, remodel, rebuild, or relocate a floating home shall be accompanied by an accurate, fully dimensioned floating home site plan, at a scale of not less than 1 inch to 20 feet, unless such plan is already on file with the Seattle Department of Construction and Inspections. k. If a floating home is demolished, application for permits associated with the replacement structure, including but not limited to SEPA review and a Shoreline Substantial Development Permit, shall be made at the same time as application for the demolition permit. 6. Remodeling a floating home located in whole or in part outside the Construction Limit Line in Lake Union, including removing and replacing its floats and superstructure, is allowed subject to the following standards: a. The floating home was located outside the Construction Limit Line in Lake Union prior to December 18, 1968; b. The replacement is completed within 12 months of any removal or demolition; and c. The development complies with the standards of subsection 23.60A.202.D.5. 7. Application for permits associated with a replacement floating home structure, including but not limited to SEPA review and a shoreline substantial development permit, shall be made at the same time as application for the demolition permit. E. Owners and tenants of floating homes shall use best management practices pursuant to Section 23.60A.155 . F. The Director may establish appropriate best management practices to implement the requirements of subsection 23.60A.202.E by Director's Rule and shall consult with the Floating Homes Association in adopting the rule. G. Registration numbers for floating homes 1. The owner of each floating home that is allowed under subsection 23.60A.202.A is required to obtain from the Director a registration number within six months of the effective date of this ordinance and to pay a one-time fee established by the Director to recover the reasonable costs of the program for issuing registration numbers. The Director shall determine whether a floating home meets the standard in subsection 23.60A.202.A before issuing a registration number. The owner shall display the registration number on the landward side of the floating home in numbers at least 3 inches high in a location legible from the pier, or if public access to the pier is not available then on a side visible from the water. 2. Failure to obtain or correctly display a registration number is a violation of this Chapter 23.60A that is subject to the enforcement process in Chapter 23.90 and does not forfeit the owner's right to maintain a floating home. 3. If an owner disputes the Director's denial of registration of a floating home, the owner may appeal the Director's determination to the hearing examiner, in conformance with the hearing examiner rules, within 30 days of date the Director's determination was mailed. The appeal shall be conducted de novo, and the City shall have the burden of showing by a preponderance of the evidence that the decision of the Director was correct. Nothing in this Section 23.60A.202 precludes the City from enforcing this code under Chapter 23.90 if there is no timely appeal to the hearing examiner or following a decision of the hearing examiner upholding the City's denial of floating home registration. H. A determination by the City that a use or structure is legally established or lawfully existing does not mean that a use or structure is or was in compliance with other state or federal requirements or that a use or structure on waters managed by the Washington State Department of Natural Resources is "legally established" or "lawfully existing" with respect to DNR. (Ord. 124919 , § 152, 2015; Ord. 124750 , § 19, 2015; Ord. 124105 , § 3, 2013.)