Development nonconforming to development standards
Seattle Mun. Code § 23.60A.124
in effectA. Development that was lawful when constructed and that does not conform to applicable development standards in this Chapter 23.60A is regulated as development nonconforming to development standards. Development that did not comply with the development standards in effect when the development was constructed is unlawful and is not regulated as development nonconforming to development standards. B. Maintenance, repair, structural alteration, substantial improvement and replacement of development nonconforming to development standards shall conform to the development standards in Subchapter III, including Sections 23.60A.152 and 23.60A.158 , and the standards for the shoreline environment in which the structure or development is located, in addition to the standards of this Section 23.60A.124 . Development in the UC, UG, UH, UI, UM, or UR Environments that is within the required shoreline setback and is not otherwise nonconforming to development standards is regulated by the standards of the applicable environment and not by this Section 23.60A.124 . C. On dry land and outside the shoreline setback and shoreline residential setback a development nonconforming to development standards may be maintained, repaired, structurally altered, substantially improved or replaced but is prohibited from expanding or extending in any manner that increases the extent of nonconformity or creates additional nonconformity, except as allowed in subsection 23.60A.124.G or except as otherwise required by law if necessary to improve access for the elderly or disabled or to provide regulated public access. D. Development located over water or in setbacks 1. Except as provided in subsection 23.60A.124.D.2, a development nonconforming to development standards because of its location over water, within the required shoreline setback, or within the residential shoreline setback may be maintained, repaired and structurally altered consistent with subsections 23.60A.124.F and 23.60A.124.G but is prohibited from being: a. Substantially improved except as provided in subsection 23.60A.124.I; b. Replaced, except as provided in subsection 23.60A.124.I; or c. Expanded in any manner that increases the extent of nonconformity or creates additional nonconformity, except as provided in subsections 23.60A.124.F and 23.60A.124.I, and as otherwise required by law, if necessary to improve access for the elderly or disabled, or to provide regulated public access. 2. The provisions of subsection 23.60A.124.D.1 do not apply to development in the UC, UG, UH, UI, UM, or UR Environments that is within the required shoreline setback and conforms to development regulations for locating over water and for residential shoreline setback. Such development is regulated by the standards of the applicable environment for development within the shoreline setback and by all other provisions of this Section 23.60A.124 with respect to any other nonconformity. E. If the development is nonconforming as to lot coverage, existing lot coverage may not be transferred from the dry land portion of the site to the water or from outside the shoreline setback to within the shoreline setback. F. Reconfiguration of a conforming moorage use nonconforming to development standards. Reconfiguration of a conforming moorage use that is nonconforming to development standards may be authorized as follows: 1. The reconfiguration is not a substantial improvement or replacement; 2. The reconfigured moorage results in an increase in ecological function; and 3. If the moorage does not meet view corridor development standards, the view corridor is improved. G. Reconfiguration. Portions of existing principal structures on dry land may be reconfigured as part of allowed work on development nonconforming to development standards if the Director determines that: 1. The reconfiguration results in equal or greater protection of ecological functions; 2. Views from neighboring waterfront residences are not affected; 3. Required view corridors and street views are not further blocked; and 4. The reconfiguration results in equal or improved public access, if required. H. For alteration of a development nonconforming as to public access requirements, the Director may require compliance with Section 23.60A.164 , Standards for regulated public access, as a condition of a shoreline substantial development permit. I. Development not conforming to development standards that is destroyed by fire, act of nature, or other causes beyond the control of the owner, excluding normal deterioration of structures constructed in or over the water, may be rebuilt if the standards in subsections 1 through 3 of this subsection 23.60A.124.I are met: 1. Reconfiguration. The development meets one of the following standards: a. The development is rebuilt to the same or smaller configuration existing immediately prior to the time the structure was destroyed; b. Reconfiguration of the structure is allowed if reconfiguration results in reduced impacts on ecological functions as compared to the configuration immediately prior to the time the structure was destroyed; c. The rebuilt development contains a nonconforming eating and drinking establishment use in the UC Environment and consolidates with other existing nonconforming development on the lot and: 1) No increase in height or cumulative expansion of the area of nonconforming development and no increase in over water coverage occurs; and 2) The Director finds that the reconfiguration will allow removal of other nonconforming development that results in improved ecological functions, view corridors or regulated public access; or d. The development is nonconforming moorage that is reconfigured consistent with subsection 23.60A.122.E. 2. If the development is over water, within the required setback, or within the residential shoreline setback, it may be rebuilt in the following locations: a. If the dry land portion of the lot from the OHW mark to the street is at least 65 feet, the replacement development shall be landward of the shoreline setback; b. If the dry land portion of the lot from the OHW mark to the street is less than 65 feet but more than 35 feet, the replacement development shall be no further waterward from the street than 35 feet and shall be located outside of the shoreline setback to the extent reasonable; and c. If the dry land portion of the lot from the OHW mark to the street is 35 feet or less, the replacement development may be rebuilt within the shoreline setback to the existing footprint of the structure or overwater to the existing footprint of the structure. 3. Action toward replacement is commenced within 12 months after destruction in the CN, CP, CR, CM, CW, UR, UH and UC Environments or within 24 months in the UM, UG, or UI Environments. J. If development nonconforming to development standards is substantially improved, replaced or rebuilt under subsections C or I of Section 23.60A.124 , and the Director finds that permanently removing the nonconformity would have improved ecological function, the applicant shall provide ecological restoration equivalent to such improvement to ecological function, unless the applicant demonstrates that the cost of such restoration will preclude construction based on economic hardship. If the applicant makes such a showing, the Director shall reduce the requirement to the extent necessary to provide relief. (Ord. 124105 , § 3, 2013.)
Source: Seattle Municipal Code (Municode library)URL: https://library.municode.com/wa/seattle/codes/municipal_codeFetched: 7/25/2026