23.49.046

A. All conditional uses shall meet the following criteria: 1. The use shall be determined not to be materially detrimental to the public welfare or injurious to property in the zone or vicinity in which the property is located. 2. In authorizing a conditional use, adverse negative impacts may be mitigated by imposing requirements or conditions deemed necessary for the protection of other properties in the zone or vicinity and the public interest. The Director or Council shall deny the conditional use if it is determined that the negative impacts cannot be mitigated satisfactorily. B. Flexible-use parking garages for short-term parking may be permitted as administrative conditional uses, if the Director finds that: 1. Traffic from the garage will not have substantial adverse effects on peak hour traffic flow to and from Interstate 5 or on traffic circulation in the area around the garage; and 2. The vehicular entrances to the garage are located so that they will not disrupt traffic or transit routes; and 3. The traffic generated by the garage will not have substantial adverse effects on pedestrian circulation; and 4. In the DMC 160 zone, the following standards are met: a. The total gross floor area of all parking uses on the lot is less than the total gross floor area of all non-parking uses on the lot, and b. Any short-term flexible-use parking is provided for the life of the structure and a covenant to that effect is recorded against the title with the King County Recorder. C. Temporary surface parking areas that were in existence prior to January 1, 1985 or are located on lots vacant on or before January 1, 1985, or on lots that become vacant as a result of a City-initiated abatement action, and surface parking areas meeting the requirements of Section 23.49.045 , may be permitted as administrative conditional uses according to the following standards: 1. The standards stated for garages in subsection B of this section are met; and 2. The lot is screened and landscaped according to the provisions of Section 23.49.019 Parking quantity, access and screening/landscaping requirements; and 3. Permits for temporary surface parking areas may be issued for a maximum of two (2) years. Renewal of a permit for a temporary surface parking area is subject to the following: a. Renewals are permitted only for those temporary surface parking areas that were in existence on or before January 1, 1985, or are located on lots vacant on or before January 1, 1985. A permit for temporary surface parking on a lot that became vacant as a result of a City-initiated abatement action shall not be renewed, and b. Renewal shall be for a maximum of two (2) years and shall be granted only if, through an administrative conditional use process, the Director finds that the temporary surface parking area continues to meet applicable criteria; and c. The applicant shall post a bond in an amount adequate to cover the costs of removing the physical evidence of the parking area, such as curbcuts, paving, and parking space striping, when the permit expires. Landscaping need not be removed when the permit expires; and d. Signs at each entrance to the parking area stating the ending date of the permit shall be required. D. Public Facilities. 1. Uses in public facilities that are most similar to uses permitted as a conditional use under this chapter shall also be permitted as a conditional use subject to the same conditional use criteria that govern the similar uses. 2. The City Council may waive or modify applicable development standards or conditional use criteria for those uses in public facilities that are similar to uses permitted outright or permitted as a conditional use according to the provisions of Chapter 23.76 , Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions. 3. Other Permitted Uses in Public Facilities. Unless specifically prohibited, uses in public facilities that are not similar to uses permitted outright or permitted as a conditional use under this chapter may be permitted by the City Council. The City Council may waive or modify development standards or conditional use criteria according to the provisions of Chapter 23.76 , Subchapter III, Council Land Use Decisions, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions. 4. Expansion of Uses in Public Facilities. a. Major Expansion. Major expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the same provisions and procedural requirements as described in these subsections. A major expansion of a public facility use occurs when the expansion that is proposed would not meet development standards or exceed either seven hundred fifty (750) square feet or ten (10) percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking. b. Minor Expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted to uses in public facilities allowed in subsections D1, D2 and D3 above according to the provisions of Chapter 23.76 , Procedures for Master Use Permits and Council Land Use Decisions, for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met. E. Rooftop features listed in subsection 23.49.008.D.1.d more than 50 feet above the roof of the structure on which they are located may be authorized by the Director as an administrative conditional use pursuant to Chapter 23.76 according to the criteria of Section 23.49.008 . F. Helistops and heliports may be permitted as Council conditional uses according to the following criteria: 1. The helistop or heliport is for the takeoff and landing of helicopters that serve a public safety, news gathering or emergency medical care function and, in the case of heliports, services provided for those helicopters; is part of a City and regional transportation plan approved by the City Council and is a public facility; or is part of a City and regional transportation plan approved by the City Council and is not within two thousand (2,000) feet of a residential zone. 2. The helistop or heliport is located so as to minimize adverse physical environmental impacts on lots in the surrounding area, and particularly on residentially zoned lots, public parks, and other areas where substantial public gatherings may be held, such as Safeco Field and Qwest Field, the Pike Place Market, and the Westlake Mall. 3. The lot is of sufficient size that the operations of the helistop or heliport and the flight paths of the helicopters can be buffered from other uses in the surrounding area. 4. Open areas and landing pads shall be hard-surfaced. 5. The helistop or heliport meets all federal requirements including those for safety, glide angles, and approach lanes. G. Work-release centers may be permitted as Council conditional uses, except where prohibited in the International Special Review District, based on the following criteria: 1. Maximum Number of Residents. No work-release center shall house more than 50 persons, excluding resident staff. 2. Dispersion Criteria. a. The lot line of any new or expanding work-release center shall be located 600 feet or more from any residential zone, any lot line of any special residence, and any lot line of any school. b. The lot line of any new or expanding work-release center shall be located 1 mile or more from any lot line of any other work-release center. c. The Director shall determine whether a proposed facility meets the dispersion criteria from maps which shall note the location of current work-release centers and special residences. Any person who disputes the accuracy of the maps may furnish the Director with the new information and, if determined by the Director to be accurate, this information shall be used in processing the application. 3. The Council's decision shall be based on the following criteria: a. The extent to which the applicant can demonstrate the need for the new or expanded facility in the City, including a statement describing the public interest in establishing or expanding the facility; b. The extent to which the applicant has demonstrated that the facility can be made secure. The applicant shall submit a proposed security plan to the Director, and the Director, in consultation with the Seattle Police Department, shall consider and evaluate the plan. The security plan shall address, but is not limited to, the following: 1) Plans to monitor and control the activities of residents, including methods to verify the presence of residents at jobs or training programs, policies on sign-outs for time periods consistent with the stated purpose of the absence for unescorted trips by residents away from the center, methods of checking the records of persons sponsoring outings for work-release residents, and policies on penalties for drug or alcohol use by residents, and 2) Staff numbers, level of responsibilities, and scheduling, and 3) Compliance with the security standards of the American Corrections Association; c. The extent to which proposed lighting is located so as to minimize spillover light on surrounding properties while maintaining appropriate intensity and hours of use to ensure security is maintained; d. The extent to which the facility's landscape plan meets the requirements of the zone while allowing visual supervision of the residents of the facility; e. The extent to which appropriate measures are taken to minimize noise impacts on surrounding properties. Measures to be used for this purpose may include: landscaping, sound barriers or fences, berms, location of refuse storage areas, and limiting the hours of use of certain areas; f. The extent to which the impacts of traffic and parking are mitigated by increasing on-site parking or loading spaces to reduce overflow vehicles or changing the access to and location of off-street parking; g. The extent to which the facility is well-served by public transportation or to which the facility is committed to a program of encouraging the use of public or private mass transportation; h. Verification from the Department of Corrections (DOC), which shall be reviewed by the Police Department, that the proposed work-release center meets DOC standards for such facilities, and that the facility will meet State laws and requirements. H. Jails may be permitted as Council conditional uses, except where prohibited within the International Special Review District. The Council's decision shall be based on the following criteria: 1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility; 2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system; 3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community. (Ord. 126600 , § 10, 2022; Ord. 125558 , § 28, 2018; Ord. 124680 , § 8, 2015; Ord. 123589, § 21, 2011; Ord. 123046, § 37, 2009; Ord. 122054 § 44, 2006; Ord. 120443 , § 22, 2001; Ord. 119484 § 10, 1999; Ord. 118672 § 10, 1997; Ord. 116907 , § 2, 1993; Ord. 116744 § 10, 1993; Ord. 116616 , § 2, 1993; Ord. 116295 , § 14, 1992; Ord. 114623 § 5, 1989; Ord. 114202 § 2, 1988; Ord. 113279 § 7, 1987; Ord. 112522 § 21(part), 1985; Ord. 112303 § 3(part), 1985.)