23.44.030

A. Uses permitted as administrative conditional uses in Section 23.44.020 may be permitted by the Director when the provisions of Section 23.42.042 and this Section 23.44.030 are met. B. Unless otherwise specified in this Chapter 23.44 , conditional uses shall meet the development standards for uses permitted outright. If an existing structure is nonconforming to development standards, no conditional use is required for any alterations that do not increase the nonconformity. C. Institutions other than public schools that do not meet the development standards of this Chapter 23.44 , including Major Institution uses as provided in Chapter 23.69 , and the expansion of existing private clubs may be permitted subject to the following: 1. Bulk and siting. In order to accommodate the special needs of the proposed institution, and to better site the facility with respect to its surroundings, the Director may modify the applicable development standards. In determining whether to allow such modifications, the Director shall balance the needs of the institution against the compatibility of the proposed institution with the residential scale and character of the surrounding area. 2. Noise, Light and Glare. The Director may condition the permit in order to mitigate potential noise, light and glare impacts. Measures the Director may require for this purpose include, but are not limited to the following: visual screening, landscaping, sound barriers, fences, berms, adjustments to setbacks or the location of refuse storage areas, location of parking areas and access, structural design modifications, limiting exterior lighting fixture type, location and height to mitigate light trespass, and regulating hours of use. 3. Transportation plan. A transportation plan is required for proposed new institutions and for those institutions proposing to expand larger than 4,000 square feet of gross floor area and/or to provide 20 or more new parking spaces. The Director may condition a permit to mitigate potential traffic and parking impacts pursuant to a Transportation Management Plan or Program as described in Director's rules governing such plans or programs. The Director will determine the level of detail to be disclosed in the transportation plan based on the probable impacts and/or scale of the proposed institution. D. A use not otherwise permitted in a Neighborhood Residential zone within a structure designated as a Seattle Landmark that is subject to controls and incentives imposed by a designating ordinance, when the owner of the Landmark has executed and recorded an agreement acceptable in form and content to the Landmarks Preservation Board providing for the restoration and maintenance of the historically significant features of the structure, may be permitted subject to the following: 1. The use is compatible with the existing design and/or construction of the structure without significant alteration; 2. Uses permitted by the zone are impractical because of structure design and/or that no permitted use can provide adequate financial support necessary to sustain the structure in reasonably good physical condition; and 3. The use shall not be detrimental to other properties in the zone or vicinity or to the public interest. E. Uses in structures unsuited to uses permitted outright 1. A use not otherwise permitted in a Neighborhood Residential zone may be permitted as an administrative conditional use in structures unsuited to uses permitted outright in Neighborhood Residential zones. The determination that a use may be permitted shall be based on the following factors: a. The design of the structure is not suitable for conversion to a use permitted outright in a Neighborhood Residential zone; b. The structure contains more than 4,000 square feet; and c. The proposed use will provide a public benefit. 2. Parking requirements for uses permitted under this subsection 23.44.030.E shall be determined by the Director. 3. The Director may require measures to mitigate impacts such as noise, odor, parking, or traffic impacts. Mitigating measures may include but are not limited to landscaping, sound barriers, fences, mounding or berming, adjustments to development standards, design modifications, or setting hours of operation. 4. In the case of an existing or former public school, permissible uses other than those permitted outright in the zone and their development standards including parking requirements shall be established only pursuant to procedures for establishing criteria for joint use or reuse of public schools in Chapter 23.78 . F. A park and ride facility under the management of a public agency responsible for commuter pooling efforts may be permitted if the Director determines that: 1. It is to be located on an existing parking lot; 2. That parking proposed for the park and ride facility is not needed by the principal use or its accessory uses during the hours proposed for park and ride use; and 3. The park and ride use shall not interfere or conflict with the peak-hour activities associated with the principal use and its accessory uses. The Director may control the number and location of parking spaces to be used. G. Any use that was previously authorized by a conditional use permit but which has been discontinued shall not be re-established or re-commenced except pursuant to a new conditional use permit, provided that such permit is required for the use at the time re-establishment or re-commencement is proposed. Vacant property, except for dead storage of materials or equipment of the conditional use, shall not be considered as being devoted to the authorized conditional use. The expiration of licenses necessary for the conditional use shall be evidence that the property is not being devoted to the conditional use. A conditional use in a residential structure or a multitenant commercial structure shall not be considered as discontinued unless all units are either vacant or devoted to another use. The following shall constitute conclusive evidence that the conditional use has been discontinued: 1. A permit to change the use of the property has been issued and the new use has been established; or 2. The property has not been devoted to the authorized conditional use for more than 24 consecutive months. H. Minor structural work that does not increase usable gross floor area or seating capacity and that does not exceed the development standards applicable to the use shall not be considered an expansion and does not require approval as a conditional use unless the work would exceed the height limit of the zone for uses permitted outright. Such work includes but is not limited to roof repair or replacement and construction of uncovered decks and porches, facilities for barrier-free access, bay windows, dormers, and eaves. (Ord. 127376 , § 31, 2025.)