23.60A.204

A. Floating structures 1. Floating structures, including vessels that do not have a means of self-propulsion and steering equipment and that are designed or used as a place of residence, with the exception of house barges authorized under subsection 23.60A.204.B and floating on-water residences authorized under Section 23.60A.203 , shall be regulated as floating homes pursuant to this Chapter 23.60A . B. For purposes of this Chapter 23.60A , house barges are only allowed under the following conditions: 1. The house barge was moored at a recreational marina in the City before July 1990. 2. A permit for the house barge was secured from the Seattle Department of Construction and Inspections verifying that the house barge existed and was used for residential purposes within the City before July 1990 and has been continuously used since that time. 3. Verification a. Each house barge must be verified by the Director, and owners 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 house barges authorized by this Section 23.60A.204 may apply to the Director for verification or may wait until the Director asks for verification information. If a house barge is not verified pursuant to this subsection 23.60A.204.B, the Director may require the owner to submit verification information and pay the required fee. b. If an owner disputes the Director's denial of verification as a house barge under this Section 23.60A.204 , 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.204 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 house barge verification. c. The owner of a house barge that complies with the requirements of subsections 23.60A.204.B.1 and 23.60A.204.B.2 may choose to have the house barge verified and regulated as a floating on-water residence under Section 23.60A.203 instead of under this Section 23.60A.204 . d. The owner shall display the verification number issued by the Seattle Department of Construction and Inspections on the pier and landward side of the house barge, 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. e. Failure to verify an authorized house barge or 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 an authorized house barge. 4. A house barge verification number is transferable between owners but is not transferable to another house barge, except to a house barge that has been replaced as provided in subsection 23.60A.204.C. 5. House barges must be moored at a recreational marina, as defined by Section 23.60A.926 . C. Maintenance and repair, remodeling, relocation, expansion, rebuilding, and replacement 1. House barges authorized under subsection 23.60A.204.B are regulated as a conforming use, and maintenance, repair, remodeling, relocation, expansion, rebuilding, 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 house barge, but no portion of the house barge is expanded, except that exterior open railings may be added as part of a remodel as allowed in subsection 23.60A.204.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.204.C.1.e, the maximum height of the railing is 36 inches. d. Relocation is allowed, and owners should update the house barge 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 house barge. 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 house barge 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 the house barge 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 house barge 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 1990, 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.204.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.204.B, as it may be updated, is allowed and a verified house barge structure is not considered nonconforming even though it may exceed the height limits for additions in subsection 23.60A.204.C.1.e. g. Replacement with expansion shall comply with the standards in 23.60A.204.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 house barge intends to expand, rebuild, or replace the house barge, prior to beginning any work: a. The owner/applicant shall have or obtain the verification required in 23.60A.204.B.3; b. The owner/applicant shall present information to the Director demonstrating that the house barge will comply with subsection 23.60A.204.C.1.e, 23.60A.204.C.1.f, and 23.60A.204.C.1.g, as applicable; c. The owner/applicant shall demonstrate any expansion will not create future stability problems for the house barge; and d. The owner/applicant shall update the verification records under subsection 23.60A.204.B.3 based on changes made to the house barge. D. Owners and tenants of house barges shall use best management practices pursuant to Section 23.60A.155 to minimize impacts on the aquatic environment. (Ord. 125882 , § 1, 2019; Ord. 124919 , § 154, 2015 [department name change]; Ord. 124750 , § 21, 2015; Ord. 124105 , § 3, 2013.)