23.60A.382

A. Use regulations on waterfront lots and over water in the UC Environment 1. All uses are allowed, allowed as a special use, allowed as a shoreline conditional use, or prohibited on waterfront lots and over water pursuant to Section 23.60A.090 , this Section 23.60A.382 , and Table A for 23.60A.382, and Section 23.60A.384 . Use categories and subcategories cover all uses in that category and subcategory except when a subcategory of that use is specifically shown in Table A for 23.60A.382. 2. Waterfront lots, overwater uses, and water-dependent and water-related uses. a. Table A for 23.60A.382 and subsections 23.60A.382.C through 23.60A.382.H apply to waterfront lots. b. Uses over water on waterfront lots are regulated in Section 23.60A.384 . c. If Table A for 23.60A.382 or the text of Section 23.60A.382 states that a use is required to be water-dependent or water-related, a use that does not have the required attribute is prohibited. 3. Regulations for specific shoreline modifications are set out in Sections 23.60A.172 through 23.60A.190 . B. Uses on upland lots are regulated in Section 23.60A.383 . Table A for 23.60A.382 Uses on waterfront lots in the UC Environment Uses Waterfront Lots A. AGRICULTURAL AND FOREST PRACTICE A.1. Aquaculture CU A.2. Community gardens P A.3. Other agricultural and forest practice uses X B. CEMETERIES X C. COMMERCIAL USES C.1. Commercial uses WO P C.2. Eating and drinking establishments See subsection 23.60A.382.C or 23.60A.382.E C.3. Entertainment uses See subsection 23.60A.382.C or 23.60A.382.E C.4. Food processing and craft work uses See subsection 23.60A.382.C or 23.60A.382.E C.5. Sales and services, general See subsection 23.60A.382.C or 23.60A.382.E C.6. Offices See subsection 23.60A.382.C or 23.60A.382.E C.7. Commercial uses not WO X D. HIGH-IMPACT USES X E. INSTITUTIONAL USES E.1. Yacht, boat and beach clubs P E.2. Colleges WD/WR E.3. Institutes for advance study WD/WR E.4. Museums WD/WR E.5. Vocational schools WD/WR E.6. Other institutional uses X F. LIVE-WORK UNITS X G. MANUFACTURING USES G.1. Light manufacturing WD/WR G.2. General manufacturing WD/WR G.3. Heavy manufacturing X H. PARKS AND OPEN SPACE USES P I. PUBLIC FACILITIES See Section 23.60A.207 J. RESEARCH USES, Aquatic Scientific, Historic, Cultural, and Educational See Section 23.60A.210 K. RESIDENTIAL USES K.1. Artist studio/dwellings See subsection 23.60A.382.D or 23.60A.382.E K.2. Floating homes and moorage See subsection 23.60A.382.F K.3. Multifamily residences See subsection 23.60A.382.D or 23.60A.382.E K.4. Single-family dwelling units See subsection 23.60A.382.D or 23.60A.382.E K.5. Other residential uses X L. RESTORATION AND ENHANCEMENT USES See Section 23.60A.211 M. STORAGE USES WD/WR N. TRANSPORTATION FACILITY USES N.1. Bridges and tunnels P N.2. Cargo terminals X N.3. Moorage N.3.a. Boat moorage P N.3.b. Dry boat storage P N.4. Navigational locks X N.5. Parking N.5.a. Parking, principal use X N.5.b. Parking, accessory use P N.6. Passenger terminals WD/WR N.7. Rail transit facilities P N.8. Transportation facilities, air N.8.a. Airports, land-based X N.8.b. Airports, water-based SU N.8.c. Heliports X N.8.d. Helistops X N.9. Vehicle storage and maintenance X N.10. Tugboat services P N.11. Railroads P N.12. Streets P O. UTILITY USES O.1. Communication utilities, minor See subsection 23.60A.382.G O.2. Communication utilities, major X O.3. Power plants X O.4. Recycling X O.5. Sewage treatment plants X O.6. Solid waste management X O.7. Utility service uses See subsection 23.60A.382.H P. UTILITY LINES P Key to Table A for 23.60A.382 CU = Shoreline Conditional Use P = Allowed by permit SU = Special Use WD = Allowed for water-dependent uses; prohibited otherwise WD/WR = Allowed for water-dependent or water-related uses; prohibited otherwise WO = Allowed for water-oriented uses X = Prohibited C. Limited commercial uses 1. The following uses are prohibited, except they are allowed if water-oriented or if the requirements of subsections 23.60A.382.C.2 through 23.60A.382.C.5 are met: a. Eating and drinking establishments; b. Entertainment uses; c. Food processing and craft work uses; d. Sales and services, general; and e. Offices. 2. Office uses must be located on dry land and either: a. On a lot that does not abut the Lake Union area; or b. Above the lowest floor level of a structure on a lot that abuts the Lake Union area and in a structure that complies with the standards in subsection 23.60A.382.E. 3. Non-office uses must be located: a. On dry land; or b. On a historic ship either designated as historic by the City of Seattle Landmarks Preservation Board or listed on the National Register of Historical Places and meeting the following conditions: 1) It is impractical to incorporate uses permitted outright because of the ship design and/or the permitted uses cannot provide adequate financial support necessary to sustain the ship in a reasonably good physical condition; 2) The use is compatible with the existing design or construction of the ship without significant alteration; 3) A certificate of approval has been obtained from the City of Seattle Landmarks Preservation Board; and 4) No other historic ship containing an eating and drinking establishment or sales and services, general, uses is located within ½ mile of the proposed site. 4. Development that includes any of the uses listed in subsection 23.60A.382.C.1 that are not water-oriented shall be part of a development or on a site that includes a water-dependent use that occupies a minimum of 50 percent of the dry land area of the site and complies with one of the following conditions or a combination of conditions if the Director determines the combination would achieve a similar offset for siting a use that is not water-oriented: a. Enhanced public access is provided that: 1) Occupies at least one-third of the dry land lot area; 2) Includes public access to the water frontage; 3) Includes a public walkway with benches and picnic tables along the entire water frontage; and 4) Connects public walkways to adjacent public access sites, public parks or other public facilities; or b. Ecological restoration equivalent to the gross floor area of the new nonwater-oriented use is provided pursuant to Section 23.60A.159 ; or c. Where enhanced public access cannot be provided due to lot size and configuration or incompatibility with water-dependent uses, and ecological restoration cannot occur because there are no restoration opportunities available, the Director may approve one or more of the following facilities or amenities as an alternative to subsection 23.60A.382.C.4.a. or 23.60A.382.C.4.b if the Director determines they would provide a similar amount of public access as 23.60A.382.C.4.a: 1) Facilities for the moorage, restoration, or reconstruction of one or more historic vessels; 2) Facilities for a maritime museum or waterfront interpretive center that is a separate nonprofit organization; 3) Terminal facilities for one or more cruise ships, harbor tour boats, or foot passenger ferries; or 4) Moorage marked as being exclusively for commercial fishing vessels at rates equivalent to that charged at public moorage facilities of 500 linear feet or greater. 5. In measuring the size of a regulated public access site, vegetated areas within 35 feet of the OHW mark may be included. 6. Permits issued pursuant to subsection 23.60A.382.C.1 shall identify the specific uses and gross floor areas of each use that is authorized by the permit under subsection 23.60A.382.C.1 and the water-dependent uses that satisfy the requirement for a water-dependent use on a minimum of 50 percent of the dry land area of the development site. D. Artist studio/dwellings, multifamily structures, and single-family dwelling units 1. Existing artist studio/dwellings, multifamily structures, and single-family dwelling units located on dry land are allowed if there is no increase in the number of units. 2. Existing overwater artist studio/dwellings, multifamily structures, and single-family dwelling units located overwater: a. May be maintained, repaired, structurally altered, substantially improved, or replaced, but shall not: 1) Increase the number of units; 2) Increase over water coverage; 3) Change location or configuration in a manner that increases adverse environmental impacts; and b. Shall reduce decks located overwater to 150 square feet or less when either the dwelling unit or deck structure is substantially improved or replaced. 3. Height of structures overwater containing a residential use can increase to 30 feet if treated wood piles are removed and replaced with non-treated piles or if there is another significant improvement to ecological functions. 4. New or expanded artist studio/dwellings, multifamily structures, and single-family dwelling units on dry land are allowed as a shoreline conditional use if: a. The use is not located near uses that are incompatible with residential use because of factors such as noise or air and water pollutants; b. The use is located above the lowest floor level of a structure containing nonresidential uses at the lowest floor level, as calculated in subsection 23.60A.382.E, except that single-family residences along Seaview Avenue Northwest between 34th Avenue Northwest and Northwest 60th Street and single-family and townhouse residences along Lakeside Avenue between South Leschi Place and Lake Washington Boulevard may be located at the lowest floor level regardless of the location of nonresidential uses in the structure; c. The use is on a lot developed with or on a lot abutting another lot developed with a marina use, moorage use, or a residential use other than a caretaker's quarters; and d. Siting the use on the lot does not render the lot unsuitable for water-dependent or water-related uses if the lot was otherwise suitable for those uses based on the following characteristics: 1) Existing piers or other structures suitable for use by a water-dependent use; 2) Adequate amounts of submerged and dry lands; and 3) Adequate water depth and land slope. E. Location of uses 1. If an office use is allowed only above the lowest floor level of the structure no more than 50 percent of the lowest floor level of the structure shall be occupied by required parking for uses in the building; 2. All uses located on the lowest floor level shall be located and designed, as determined by the Director, to encourage public access to the shoreline by locating uses that have outdoor activities on the site on the waterside of the development, such as outdoor seating for a cafe. 3. Calculation of lowest floor level. The lowest floor level shall be that level of a structure having the closest floor level to the OHW mark. For a sloping lot, the Director shall determine what constitutes the lowest floor level, taking into consideration the purpose of subsection 23.60A.382.E.2. F. New floating homes and floating home moorages are prohibited except as allowed under Section 23.60A.202 . Uses accessory to floating homes, including storage, are allowed if located 35 feet or more waterward from the OHW mark. G. Minor communication utilities are allowed, except for freestanding transmission towers, which are prohibited. H. Utility service uses are allowed if they reasonably require a shoreline location to operate. (Ord. 124750 , § 32, 2015; Ord. 124105 , § 3, 2013.)