23.60A.214

A. Structures containing dwelling units shall comply with the standards in subsection 23.60A.206.B, or Sections 23.60A.202 , 23.60A.203 , and 23.60A.204 , and otherwise are prohibited over water. B. As of the effective date of this ordinance, in addition to the structures allowed in subsection 23.60A.214.A, a vessel that meets the definition for vessel in Section 23.60A.942 may contain a dwelling unit if the vessel meets the following standards and is prohibited otherwise, except as allowed in subsection 23.60A.214.D: 1. Design. A vessel may be custom made or manufactured, and may be mono-hulled or multiple-hulled, and shall: a. Be designed as a conventional recreational vessel exclusively of the types set out in this subsection 23.60A.214.B.1.a.1 through 23.60A.214.B.1.a.7 as follows: 1) A sail boat, such as those manufactured by Catalina, Pacific Seacraft, Hunter, or Hinckley; 2) A cabin cruiser, such as those manufactured by Bayliner or Chris-Craft; 3) A trawler yacht, such as those manufactured by Grand Banks, Nordic, or Choy Lee; 4) A tug, such as those manufactured by Nordic Tug or Ranger Tugs; 5) A motor yacht cruiser, such as those manufactured by Bayliner, Sea Ray, and Carver; 6) A multi-hulled power boat, such as those manufactured by World Cat; and 7) A sport fishing boat, such as those manufactured by Glacier Bay, Grady White, and Boston Whaler; or b. Be designed and used as a commercial vessel and be a United States Coast Guard certified working tugboat; c. Be designed as a fishing vessel and have current fishing license issued by a federal or state commercial fishing regulatory agency; or d. Be a registered military vessel used as a dwelling unit for the crew of a military vessel being repaired at the same location, if the military requires the crew to remain with the vessel. 2. The vessel is safely operable and operates under self-propulsion integrated into the hull and steering that is sufficient to reasonably move the vessel. 3. The vessel is moored at a recreational or commercial marina that complies with the standards set out in Section 23.60A.200 . C. Determination and appeal for conventional recreational vessels containing dwelling units 1. In considering whether a vessel meets the design standards in subsection 23.60A.214.B.1.a, the following configuration and features shall be considered: a. Hull shape: clearly defined bow, hull shaped to reduce resistance; b. Deck gear: cleats, chocks, anchors, scuppers, and bulwarks; c. Propulsion and steering system: inboard engine and transmission with propeller and rudder or inboard/outboard drive system; and d. Helm station: layout of control and monitoring systems, and visibility for safe navigation. 2. If the Director determines a vessel containing a dwelling unit does not qualify as a conventional recreational vessel under subsections 23.60A.214.B.1.a, 23.60A.214.B.2 and 23.60A.214.B.3 and an owner disputes the Director's determination, the owner may appeal the Director's determination to the hearing examiner, in conformance with the hearing examiner rules, within 30 days of the 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.214 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 determination regarding whether a vessel qualifies as a conventional recreational vessel. D. Other vessels containing dwelling units 1. A vessel containing a dwelling unit that does not meet the standards of subsection 23.60A.214.B is allowed if it: a. Complies with the definition of vessel in Section 23.60A.942 ; and b. Was lawfully moored in the City and used as a dwelling unit prior to the effective date of this ordinance. 2. A vessel, including the dwelling unit portion of the vessel, that meets the standards of subsection 23.60A.214.D.1 but that does not meet the standards of subsection 23.60A.214.B may be: a. Maintained and repaired within the vessel overwater coverage existing as the date of this ordinance. b. Remodeled and structurally altered within the vessel's existing envelope, including height, width, depth, and overwater coverage, as of the date of this ordinance, except new open railings up to 36 inches in height around existing spaces and stairs to access these spaces are allowed, if the vessel as remodeled or structurally altered will comply with the definition of vessel in Section 23.60A.942 . c. Relocated to a different moorage within Seattle if the new moorage is in compliance with the marina standards in Section 23.60A.200 and the verification required under subsection 23.60A.214.D.4 to legally establish the vessel is updated with its new marina location. d. Replaced with a vessel that complies with subsection 23.60A.214.B. e. Rebuilt if destroyed by fire, act of nature, or other causes beyond the control of the owner, excluding normal deterioration of vessels constructed in or over the water, and if: 1) Action toward replacement is commenced within 12 months after destruction; 2) The vessel or portion of the vessel is rebuilt to the same or smaller configuration existing immediately prior to the destruction; and 3) The vessel as rebuilt will comply with the definition of vessel in Section 23.60A.942 . 3. When an owner of a vessel verified according to subsection 23.60A.214.D.4 containing a dwelling unit intends to remodel, structurally alter, or rebuild the vessel, prior to beginning any work the owner shall present information to the Director demonstrating that the vessel as remodeled, structurally altered, or rebuilt will comply with subsections 23.60A.214.D.2.a through 23.60A.214.D.2.e, as applicable, and the verification records for the vessel shall be updated as part of this process. 4. Verification to legally establish a vessel containing a dwelling unit a. The owner of each vessel allowed under subsection 23.60A.214.D.1 that does not qualify for verification under Section 23.60A.203 is required to apply to the Director for a verification number legally establishing the use within six months of the effective date of this ordinance and pay the hourly rate for land use review established by subsection 22.900B.010.B for the Seattle Department of Construction and Inspections review time spent to establish the use. b. If the Director denies verification as a vessel containing a dwelling unit under this subsection 23.60A.214.D and an owner disputes the Director's denial of verification, the owner may appeal the Director's determination to the hearing examiner, in conformance with the hearing examiner rules, within 30 days of the 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.214 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 verification under this subsection 23.60A.214.D. c. The owner shall display the verification number plate issued by the Seattle Department of Construction and Inspections on the pier and landward side of the vessel, 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. d. Failure to apply within six months for verification legally establishing the use as a vessel containing a dwelling unit 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 but does not forfeit the owner's right to maintain a vessel containing a dwelling unit. e. Verification is transferable between owners but is not transferable to another vessel, except to a rebuilt vessel as provided in subsection 23.60A.214.D.2.e. E. Owners and tenants of vessels containing dwelling units shall use best management practices pursuant to Section 23.60A.155 to minimize impacts on the aquatic environment. F. If the Director has issued an order finding a vessel does not qualify as a conventional recreational vessel under subsection 23.60A.214.B.1, the owner may appeal the Director's determination to the hearing examiner within 30 days of the date the Director's determination was mailed pursuant to the provisions in Chapter 23.76 . (Ord. 124919 , § 155, 2015; Ord. 124750 , § 23, 2015; Ord. 124105 , § 3, 2013.)