23.60A.203

A. Uses. Floating structures that contain dwelling units and vessels that contain dwelling units shall be regulated as floating homes pursuant to Section 23.60A.202 , with the exception of floating on-water residences that comply with this Section 23.60A.203 , house barges that comply with Section 23.60A.204 , residences allowed under Section 23.60A.206 , and vessels that comply with Section 23.60A.214 . B. For purposes of this Chapter 23.60A , a floating on-water residence is allowed only if it: 1. Was legally established as a floating on-water residence prior to July 1, 2014; to be legally established it must have been used as a dwelling unit within the City prior to July 1, 2014. 2. Was moored pursuant to a lease or ownership interest at a marina, as defined by Section 23.60A.926 , within the City prior to July 1, 2014. C. Maintenance and repair, remodeling, relocation, expansion, rebuilding, and replacement 1. Floating on-water residences legally established pursuant to subsection 23.60A.203.D are regulated as a conforming use, and relocation, repair and maintenance, remodeling, expansion, and replacement are allowed subject to the following standards: a. Normal maintenance and repair, as defined in subsection 23.60A.020.C.1, is allowed, and replacement is not considered the common method of repair for this type of structure. b. Remodeling is limited to the interior and to changing the siding or architectural features on the exterior of the existing structure, except that exterior open railings may be added as part of a remodel as allowed in subsection 23.60A.203.C.1.c. c. Open railings may be added to existing exterior spaces and stairs to access these spaces, but if the top of the railing exceeds the height limits in subsection 23.60A.203.C.1.e, the maximum height of the railing is 36 inches. d. Relocation is allowed, and owners should update the floating on-water residence verification within 60 days. Failure to update relocation is a violation of this Chapter 23.60A that is subject to the enforcement process in Chapter 23.90 but does not forfeit the owner's right to maintain a floating on-water residence. e. Expansion is allowed provided that: 1) The height of the structure including any addition shall not exceed 18 feet if the current height of a floating on-water residence is 18 feet or lower, measured from the main deck or 3 feet above the surface of the water, whichever is lower; 2) The height of the structure including any addition shall not exceed the current height if the current height of a floating on-water residence is more than 18 feet but less than 21 feet, measured from the main deck or 3 feet above the surface of the water, whichever is lower; 3) The height of the structure including any addition shall not exceed 21 feet if the current height of a floating on-water residence is 21 feet or more, measured from the main deck or 3 feet above the surface of the water, whichever is lower; and 4) No expansion of overwater coverage is allowed, except a single expansion at or below the surface of the water may occur as follows: a) The applicant provides documentation demonstrating that the expansion is the minimum necessary to provide stability as certified by a naval architect to correct stability problems for the structural size and configuration that existed before July 1, 2014, and the area of such expansion shall not be used for any purpose other than to provide stability; and b) If an expansion is allowed under subsection 23.60A.203.C.1.e.4.a, no other expansion is allowed below, at, or above the waterline for any purpose. 5) If the total expansion over the life of the structure exceeds 120 square feet, gray-water containment or a waste-water hookup that disposes the gray water to the City's waste-water disposal system is required. f. Replacement to the same size and configuration as established in the verification issued pursuant to subsection 23.60A.203.D, as it may be updated, is allowed, and a verified structure is not considered nonconforming even though it may exceed the height limits for additions in subsection 23.60A.203.C.1.e. g. Replacement with expansion shall comply with the standards in subsection 23.60A.203.C.1.e, including the requirement that expansions greater than 120 square feet shall provide gray-water containment or a waste-water hookup that disposes the gray water to the City's waste-water disposal system. 2. When an owner of a floating on-water residence intends to expand, rebuild, or replace the structure, prior to beginning any work: a. The owner/applicant shall have or obtain the verification required in 23.60A.203.D; b. The owner/applicant shall present information to the Director demonstrating that the floating on-water residence will comply with subsections 23.60A.203.C.1.e, 23.60A.203.C.1.f, and 23.60A.203.C.1.g, as applicable; c. The owner/applicant shall demonstrate any expansion will not create future stability problems for the floating on-water residence; and d. The owner/applicant shall update the verification records under subsection 23.60A.203.D based on changes made to the floating on-water residence. D. Verification of a floating on-water residence 1. Each floating on-water residence shall be verified by the Director, and the owner shall pay a one-time fee to receive a verification number. The fee shall be established by the Director to recover the reasonable costs of the program for issuing a verification number. Owners of a floating on-water residence allowed pursuant to subsection 23.60A.203.B may apply to the Director for verification or may wait until the Director asks for verification information. If a floating on-water residence is not verified, the Director may require the owner to submit verification information and pay the required fee. 2. Verification shall constitute legal establishment of a floating on-water residence pursuant to the requirements of subsection 23.60A.203.B and the definition of floating on-water residence in Section 23.60A.912 . 3. A house barge authorized under Section 23.60A.204 may submit verification and be regulated as a floating on-water residence rather than a house barge. 4. If an owner disputes the Director's denial of verification as a floating on-water residence, 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.203 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 on-water residence verification. 5. The owner shall display the verification number issued by the Seattle Department of Construction and Inspections on the pier and landward side of the floating on-water residence in numerals at least 3 inches high in a location legible from the pier, or on the side most commonly used for access from the pier, or if public access to the pier is not available then on a side visible from the water. 6. Failure to verify a floating on-water residence or to correctly display a verification 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 on-water residence. 7. Verification is transferable between owners but is not transferable to another floating on-water residence, except for a replaced floating on-water residence as provided in subsections 23.60A.203.C.1.f and 23.60A.203.C.1.g. E. Owners and tenants of floating on-water residences shall use best management practices pursuant to Section 23.60A.155 to minimize impacts on the aquatic environment. (Ord. 124919 , § 153, 2015; Ord. 124750 , § 20, 2015)