23.60A.442

A. Use regulations 1. All uses are allowed, allowed as a special use, allowed as a shoreline conditional use, or prohibited pursuant to Section 23.60A.090 , this Section 23.60A.442 , and Table A for 23.60A.442. 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.442. 2. If Table A for 23.60A.442 or the text of Section 23.60A.442 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 . Table A for 23.60A.442 Uses in the UH Environment Uses Waterfront Lots Upland Lots A. AGRICULTURAL AND FOREST PRACTICE A.1. Aquaculture CU CU A.2. Community gardens X P A.3. Other agricultural and forest practice uses X X B. CEMETERIES X X C. COMMERCIAL USES C.1. Animal shelters and kennels X P C.2. Eating and drinking establishments See subsection 23.60A.442.B or 23.60A.442.C P C.3. Entertainment uses See subsection 23.60A.442.B P C.4. Food processing and craft work uses C.4.a. Food processing uses See subsection 23.60A.442.D P C.4.b. Custom and craft work uses See subsection 23.60A.442.B P C.5. Laboratories, research and development, WD P P C.6. Lodging See subsection 23.60A.442.E P C.7. Medical services X P C.8. Offices See subsection 23.60A.442.F P C.9. Sales and service uses, automotive X X C.10. Sales and services, general See subsection 23.60A.442.B or 23.60A.442.C P C.11. Sales and service uses, heavy C.11.a. Commercial sales, heavy X P C.11.b. Commercial services, heavy X P C.11.c. Retail sales, major durables X P C.11.d. Retail sales and services, non-household X P C.11.e. Wholesale showrooms See subsection 23.60A.442.D P C.12. Sales and services, marine C.12.a. Marine service station X X C.12.b. Sale or rental of large boats CU CU C.12.c. Sale or rental of small boats, boat parts, or accessories See subsection 23.60A.442.C P C.12.d. Vessel repair, major X X C.12.e. Vessel repair, minor See subsection 23.60A.442.G X D. HIGH-IMPACT USES X X E. INSTITUTIONAL USES E.1. Adult care centers X P E.2. Child care centers See subsection 23.60A.442.F P E.3. Colleges See subsection 23.60A.442.H P E.4. Community center or clubs E.4.a. Yacht, boat and beach clubs P P E.4.b. Other community centers or clubs See subsection 23.60A.442.D P E.5. Family support centers X P E.6. Hospitals X P E.7. Institutes for advanced study See subsection 23.60A.442.H P E.8. Libraries X P E.9. Museums See subsection 23.60A.442.B P E.10. Private clubs X P E.11. Religious facilities X P E.12. Schools, elementary or secondary X P E.13. Vocational or fine arts schools See subsection 23.60A.442.H P E.14. Other institutional uses X X F. LIVE-WORK UNITS X P G. MANUFACTURING USES G.1. Light manufacturing See subsection 23.60A.442.I See subsection 23.60A.442.I G.2. General manufacturing X X G.3. Heavy manufacturing X X H. PARKS AND OPEN SPACE USES See subsection 23.60A.442.B or 23.60A.442.J P I. PUBLIC FACILITIES See subsection 23.60A.442.K P J. RESEARCH USES, Aquatic, Scientific, Historic, Cultural, and Educational See Section 23.60A.210 See Section 23.60A.210 K. RESIDENTIAL USES X P L. RESTORATION AND ENHANCEMENT USES See Section 23.60A.211 See Section 23.60A.211 M. STORAGE USES M.1. Mini-warehouses X X M.2. Storage, outdoor See subsection 23.60A.442.L See subsection 23.60A.442.L M.3. Warehouses See subsection 23.60A.442.L See subsection 23.60A.442.L N. TRANSPORTATION FACILITY USES N.1. Bridges and tunnels P P N.2. Cargo terminals See subsection 23.60A.442.M See subsection 23.60A.442.M N.3. Moorage N.3.a. Boat moorage P P N.3.b. Dry boat storage See subsection 23.60A.442.N See subsection 23.60A.442.N N.4. Navigational locks X X N.5. Parking N.5.a. Parking, principal use X See subsection 23.60A.442.O N.5.b. Parking, accessory use See subsection 23.60A.442.P P N.6. Passenger terminals See subsection 23.60A.442.Q WR N.7. Rail transit facilities P P N.8. Transportation facilities, air X X N.9. Vehicle storage and maintenance X X N.10. Tugboat services P P N.11. Railroads P P N.12. Streets P P O. UTILITY USES O.1. Communication utilities, minor See subsection 23.60A.442.R See subsection 23.60A.442.R O.2. Communication utilities, major X X O.3. Power plants X X O.4. Recycling X X O.5. Sewage treatment plants X X O.6. Solid waste management X X O.7. Utility service uses See subsection 23.60A.442.S See subsection 23.60A.442.S P. UTILITY LINES SU P Key to Table A for 23.60A.442 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 WR = Allowed for water-related uses; prohibited otherwise X = Prohibited B. Water-oriented and nonwater-oriented uses 1. Water-oriented uses a. The following uses are allowed on the dry land portion of waterfront lots if the use is water-oriented: 1) Eating and drinking establishments; 2) Entertainment uses, except adult cabaret, adult motion picture theaters, and adult panorams, which are prohibited; 3) Parks and open space uses; 4) Custom and craft work; 5) Museums; and 6) Sales and services, general. b. The uses in subsection 23.60A.442.B.1.a that are nonwater-oriented are allowed on the dry land portion of waterfront lots if the use is part of a mixed use project that includes: 1) A water-dependent use occupying a minimum of 25 percent of the gross floor area of the existing structures on the development site and located on the level that is closest to the water; and 2) Ecological restoration equivalent to the gross floor area of the new nonwater-oriented use and that is provided pursuant to Section 23.60A.159 . 2. The uses in subsection 23.60A.442.B.1.a are permitted over water, if they comply with the standards in subsection 23.60A.442.B.2.a and either subsection 23.60A.442.B.2.b or 23.60A.442.B.2.c; otherwise, they are prohibited over water, except as provided in subsection 23.60A.442.C. a. If the use is nonwater-oriented, it is allowed if it is part of a mixed use project that includes: 1) A water-dependent use occupying a minimum of 25 percent of the gross floor area of the existing structures on the development site and located on the level that is closest to the water; and 2) Ecological restoration equivalent to the gross floor area of any new nonwater-oriented use and that is provided pursuant to Section 23.60A.159 . b. The use is accessory to the public passenger terminal at Colman Dock and: 1) The amount of overwater coverage is not increased; and 2) The use contributes to an active pedestrian environment along the landward edge of the pier. c. The uses are allowed as a shoreline conditional use if the following requirements are met: 1) The use is on existing or lawfully replaced structures; 2) The depth of dry land of all the waterfront lot area is less than 35 feet measured from the OHW mark to the landward waterfront lot line; 3) An unenclosed water-enjoyment use is provided in the area between the building and 15 feet from the seaward end of the pier; 4) All waste and recycling containers are located a minimum of 10 feet from the edge of any side of the pier and are located in an enclosed area. 3. Adult motion picture theaters and panorams are prohibited. C. Commercial uses on historic ships 1. The following uses are allowed as a shoreline conditional use on an historic ship on waterfront lots if the standards in subsection 23.60A.442.C.2 are met: a. Eating and drinking establishments; b. Sales and services, general; and c. Sale and rental of small boats, boat parts and accessories. 2. Development on historic ships that includes uses listed in subsection 23.60A.442.C.1 must comply with the following standards in addition to the criteria for shoreline conditional uses in Section 23.60A.034 : a. The ship is designated as historic by the City of Seattle Landmarks Preservation Board or listed on the National Register of Historical Places; b. It is impractical to incorporate uses permitted outright because of the ship design or the permitted uses cannot provide adequate financial support necessary to sustain the ship in a reasonably good physical condition; c. The use is compatible with the existing design or construction of the ship without significant alteration; d. A certificate of approval has been obtained from the City of Seattle Landmarks Preservation Board, if the ship is designated a landmark pursuant to Chapter 25.12 ; e. No other historic ship containing an eating and drinking establishment, sales and services, general, or sale and rental of small boats, boat parts and accessories uses is located within ½ mile of the proposed site; and f. If the new use is not water-oriented, ecological restoration equivalent to the gross floor area of the new nonwater-oriented use is provided pursuant to Section 23.60A.159 . D. Food processing uses, nonwater-oriented community centers, and wholesale showrooms are allowed or allowed as a shoreline conditional use as follows: 1. Food processing uses are allowed if water-oriented. Food processing uses that are nonwater-oriented are allowed if the standards in subsection 23.60A.442.D.4 are met; 2. Nonwater-oriented community centers are allowed if the standards in subsection 23.60A.440.D.4 are met; 3. Wholesale showrooms are allowed as a conditional use if the standards in subsection 23.60A.440.D.4 are met; and 4. Uses identified in subsections 23.60A.442.D.1, 23.60A.442.D.2, and 23.60A.442.D.3 are required to: a. Be located on a development site where a new or existing water-dependent use occupies a minimum of 25 percent of the developed portion of the development site and located on the level that is closest to the water; and b. Provide ecological restoration in an amount equivalent to the gross floor area of the use that is nonwater-oriented and that is provided pursuant to Section 23.60A.159 . E. Existing lodging uses are allowed. Expansion of public access associated with existing lodging uses is allowed if no new overwater coverage is created. New lodging and all other expansion of existing lodging uses and associated public access is prohibited. F. Offices and child care facilities on waterfront lots are allowed if they comply with the following standards: 1. The use is part of a development that includes: a. New or existing water-dependent uses that occupy a minimum of 25 percent of the developed portion of the development site; and b. Ecological restoration in an amount equivalent in square footage to the gross floor area of the office or childcare facility and that is provided pursuant to Section 23.60A.159 ; and 2. If the use is over water, in addition to subsection 23.60A.442.F.1: a. It is located on an existing or lawfully replaced wharf; and b. Any offices are at least one story above wharf level. G. Minor vessel repair is allowed if repair work is limited to non-motorized vessels, there is no painting involved with the repair work, and no boatsheds are a part of the development and is otherwise prohibited. H. Colleges, institutes for advanced studies, and vocational or fine art schools are: 1. Allowed if they are water-dependent or water-related; 2. Allowed as a shoreline conditional use if they are not water-dependent or water-related and the use is part of a development that includes: a. New or existing water-dependent uses that occupy a minimum of 25 percent of the developed portion of the development site; and b. Ecological restoration in an amount equivalent to the gross floor area of any use that is nonwater-oriented and that is provided pursuant to Section 23.60A.159 . I. Light manufacturing 1. Light manufacturing is allowed if it is water-dependent or water-related. 2. Light manufacturing that is not water-dependent or water-related is allowed as a shoreline conditional use if: a. Light manufacturing uses occupy no more than 25 percent of the developed portion of the development site; b. The use is part of a development that includes: 1) New or existing water-dependent uses that occupy a minimum of 25 percent of the developed portion of the development site; and 2) Ecological restoration in an amount equivalent to the gross floor area of any nonwater-oriented use is provided pursuant to Section 23.60A.159 ; c. The use contributes to the maritime or tourist character of the area; and d. The use on the development site does not block the access to the water or interfere with the water-dependent or water-related uses on-site or on adjacent properties. J. Parks and open space uses are allowed on submerged lands when located on existing structures or on new structures pursuant to number 10b of Table A for Section 23.60A.172 . K. Public facilities that are water-dependent or water-related or part of an approved Public Improvement Plan for the Harborfront adopted by City Council are allowed. L. Outdoors storage and warehouse uses 1. Outdoor storage that is staging for construction is allowed as a temporary use. 2. Outdoor storage and warehouses are allowed as a shoreline conditional use if they are water-dependent or water-related or for temporary staging for construction and are prohibited otherwise. M. Cargo terminals that are break bulk facilities are allowed as a shoreline conditional uses and are otherwise prohibited. N. Dry boat storage for non-motorized boats is allowed and is otherwise prohibited. O. Principal use parking is allowed if located in a structure and the street front is occupied by a use other than parking. All other principal parking is prohibited. P. Accessory parking is allowed if on dry land and accessory to a permitted use on the same lot where the parking is proposed, except as provided in Section 23.60A.090 . Q. Passenger terminals 1. Water-dependent and water-related passenger terminals are allowed. 2. Nonwater-dependent passenger terminals are allowed if part of a transportation system authorized under a franchise or other agreement approved by the City Council that meets the provisions in this Chapter 23.60A , for the part of the transportation system that is in the Shoreline District, except where a variance has been granted, and the Council has determined the route will: a. Have the least possible adverse effect on unique or fragile shoreline features; b. Not result in a net loss of shoreline ecological functions; and c. Not adversely impact existing or planned water-dependent uses. 3. Queuing accessory to passenger terminals is allowed as follows: a. Queuing area that is accessory to a water-dependent passenger terminal, nonwater-dependent passenger terminal allowed in subsection 23.60A.442.Q.2, or a water-dependent cargo terminal located on the same lot is permitted. The Director, in consultation with the Director of the Department of Transportation, shall determine the amount of queuing area to be permitted on a lot based on the capacity and operation of vessels serving the water-dependent transportation facility. b. Queuing area is prohibited: 1) Off-site over-water; or 2) On a waterfront lot that is located west of the Alaskan Way South right-of-way, as platted at the date of this ordinance. R. Minor communication utilities are allowed, except for freestanding transmission towers, which are prohibited. S. Utility service uses are allowed as a special use on waterfront lots and are allowed on upland lots, if they reasonably require a shoreline location to operate. (Ord. 124750 , § 42, 2015; Ord. 124105 , § 3, 2013.)