Seattle Mun. Code § 23.51A.002 Public facilities in Neighborhood Residential zones
A. Except as provided in subsections 23.51A.002.B, 23.51A.002.D, 23.51A.002.F, and 23.51.A.002.G, uses in public facilities that are most similar to uses permitted outright or permitted as an administrative conditional use under Chapter 23.44 are also permitted outright or as an administrative conditional use, subject to the same use regulations, development standards and administrative conditional use criteria that govern the similar use. The Council may waive or modify applicable development standards or administrative conditional use criteria according to the provisions of Chapter 23.76 , Subchapter III, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions. B. Permitted uses in public facilities requiring City Council approval. The following uses in public facilities in Neighborhood Residential zones may be permitted by the City Council, according to the provisions of Chapter 23.76 : 1. Police precinct station; 2. Fire station; 3. Public boat moorage; 4. Utility services use; and 5. Other similar use. The proponent of any such use shall demonstrate the existence of a public necessity for the public facility use in a Neighborhood Residential zone. The public facility use shall be developed according to the development standards for institutions (Section 23.44.180 ), unless the City Council makes a determination to waive or modify applicable development standards according to the provisions of Chapter 23.76 , Subchapter III, with public projects considered as Type IV quasi-judicial decisions and City facilities considered as Type V legislative decisions. C. Expansion of uses in public facilities 1. Major expansion. Major expansions may be permitted for uses in public facilities allowed in subsections 23.51A.002.A and 23.51A.002.B according to the same provisions and procedural requirements as described in these subsections. Except as provided in subsection 23.51A.002.C.2.a, a major expansion of a public facility use occurs when the proposed expansion would not meet development standards or would exceed either 750 square feet or ten percent of its existing area, whichever is greater, including gross floor area and areas devoted to active outdoor uses other than parking. 2. Minor expansion. When an expansion falls below the major expansion threshold level, it is a minor expansion. Minor expansions may be permitted for uses in public facilities allowed in subsections 23.51A.002.A and 23.51A.002.B according to the provisions of Chapter 23.76 for a Type I Master Use Permit when the development standards of the zone in which the public facility is located are met or as follows: a. For existing sewage treatment plants for which there is a current Department of Ecology order requiring corrective action and the expansion falls below the major expansion threshold level, as a Type I Master Use Permit, the Director may waive or modify applicable development standards; provided, that: 1) The expansion area is at least 50 feet from the nearest lot line; 2) The waiver or modification of physical development standards is the least necessary to achieve the applicant's proposed solution; and 3) The applicant submits a construction management plan, which is approved by the Director. b. An application vested according to the provisions of Section 23.76.026 may elect to apply subsection 23.51A.002.C.2.a to their project according to the provisions of subsection 23.76.026.F. D. Sewage treatment plants. The expansion or reconfiguration (which term shall include reconstruction, redevelopment, relocation on the site, or intensification of treatment capacity) of existing sewage treatment plants in Neighborhood Residential zones may be permitted if there is no feasible alternative location in a zone where the use is permitted and the conditions imposed under subsections 23.51A.002.D.3 and 23.51A.002.D.4 are met. 1. Applicable procedures. Except as provided in subsection 23.51A.002.C.2.a, the decision on an application for the expansion or reconfiguration of a sewage treatment plant is a Type IV Council land use decision. If an application for an early determination of feasibility is required to be filed pursuant to subsection 23.51A.002.D.2, the early determination of feasibility will also be a Council land use decision subject to Sections 23.76.038 through 23.76.056 . 2. Need for feasible alternative determination. The proponent shall demonstrate that there is no feasible alternative location in a zone where establishment of the use is permitted. a. The Council's decision as to the feasibility of alternative location(s) shall be based upon a full consideration of the environmental, social, and economic impacts on the community, and the intent to preserve and to protect the physical character of neighborhood residential areas, and to protect neighborhood residential areas from intrusions of nonresidential uses. b. The determination of feasibility may be the subject of a separate application for a Council land use decision prior to submission of an application for a project-specific approval if the Director determines that the expansion or reconfiguration proposal is complex, involves the phasing of programmatic and project-specific decisions, or affects more than one site in a Neighborhood Residential zone. c. Application for an early determination of feasibility shall include: 1) The scope and intent of the proposed project in the Neighborhood Residential zone and appropriate alternative(s) in zones where establishment of the use is permitted, identified by the applicant or the Director; 2) The necessary environmental documentation as determined by the Director, including an assessment of the impacts of the proposed project and of the permitted-zone alternative(s), according to the state and local SEPA guidelines; 3) Information on the overall sewage treatment system that outlines the interrelationship of facilities in Neighborhood Residential zones and in zones where establishment of the use is permitted; 4) Schematic plans outlining dimensions, elevations, locations on site, and similar specifications for the proposed project and for the alternative(s). d. If a proposal or any portion of a proposal is also subject to a feasible alternative location determination under Section 23.60A.066 , the Plan Shoreline Permit application and the early determination application will be considered in one determination process. 3. Conditions for approval of proposal a. The project is located so that adverse impacts on residential areas are minimized. b. The expansion of a facility does not result in a concentration of institutions or facilities that would create or appreciably aggravate impacts that are incompatible with single-family residences. c. A facility management and transportation plan is required. The level and kind of detail to be disclosed in the plan shall be based on the probable impacts and/or scale of the proposed facility, and shall at a minimum include discussion of sludge transportation, noise control, and hours of operation. Increased traffic and parking expected to occur with use of the facility shall not create a serious safety problem or a blighting influence on the neighborhood. d. Measures to minimize potential odor emission and airborne pollutants including methane shall meet standards of and be consistent with best available technology as determined in consultation with the Puget Sound Clean Air Agency (PSCAA), and shall be incorporated into the design and operation of the facility. e. Methods of storing and transporting chlorine and other hazardous and potentially hazardous chemicals shall be determined in consultation with the Seattle Fire Department and incorporated into the design and operation of the facility. f. Vehicular access suitable for trucks is available or provided from the plant to a designated arterial improved to City standards. g. The bulk of facilities shall be compatible with the surrounding community. Public facilities that do not meet bulk requirements may be located in Neighborhood Residential zones if there is a public necessity for their location there. h. Landscaping and screening, separation from less intensive zones, noise, light and glare controls, and other measures to ensure the compatibility of the use with the surrounding area and to mitigate adverse impacts shall be incorporated into the design and operation of the facility. i. No residential structures, including those modified for nonresidential use, are demolished for facility expansion unless a need has been demonstrated for the services of the institution or facility in the surrounding community. 4. Substantial conformance. If the application for a project-specific proposal is submitted after an early determination that location of the sewage treatment plant is not feasible in a zone where establishment of the use is permitted, the proposed project must be in substantial conformance with the feasibility determination. Substantial conformance shall include, but not be limited to, a determination that: a. There is no net substantial increase in the environmental impacts of the project-specific proposal as compared to the impacts of the proposal as approved in the feasibility determination. b. Conditions included in the feasibility determination are met. E. Prohibited uses. Unless determined to be an essential public facility under Chapter 23.80 , the following public facilities are prohibited in Neighborhood Residential zones: 1. Jails; 2. Metro operating bases; 3. Park and ride lots; 4. Establishment of new sewage treatment plants; 5. Solid waste transfer stations; 6. Animal control shelters; 7. Post Office distribution centers; and 8. Work-release centers. F. Essential public facilities except for light rail transit facilities. Essential public facilities, except for light rail transit facilities, shall also be reviewed according to the provisions of Chapter 23.80 . G. Light rail transit facilities. Light rail transit facilities are permitted uses in all neighborhood residential zones. Light rail transit facilities are exempt from the development standards in Chapter 23.44 and shall be reviewed according to the provisions of Chapter 23.80 . (Ord. 127376 , § 55, 2025; Ord. 127228 , § 16, 2025; Ord. 126685 , § 38, 2022 [cross-reference and style update]; Ord. 126509 , § 70, 2022 [zone name change]; Ord. 126518 , § 1, 2021; Ord. 125603 , § 57, 2018; Ord. No. 123209, § 10, 2009.)