The following uses, identified as administrative conditional uses in Table A for 23.50A.040, may be permitted by the Director if the provisions of this Section 23.50A.062 and Section 23.50A.060 are met. A. Artist's studio/dwellings in an existing structure may be permitted as a conditional use in MML, II, and IC zones, except as provided in Chapter 23.60A, upon showing that the occupant is a working artist who can demonstrate that their artworks or performances are provided for sale or compensation or are displayed or performed in venues accessible to a general public audience, and subject to the following criteria: 1. Artist's studio/dwellings shall generally be discouraged along arterials such as freeways, state routes, and freight lines; 2. Artist's studio/dwellings shall not be allowed in areas where existing industrial uses may cause environmental or safety problems; 3. Artist's studio/dwellings shall not be located where they may restrict or disrupt industrial activity; 4. The nature of the artist's work shall be such that there is a genuine need for the space; and 5. The owner(s) of a building seeking a conditional use for artist's studio/dwellings must sign and record a covenant and equitable servitude, on a form acceptable to the Director, that acknowledges that the owner(s) and occupants of the building accept the industrial character of the neighborhood and agree that existing or permitted industrial uses do not constitute a nuisance or other inappropriate or unlawful use of land. Such covenant and equitable servitude must state that it is binding on the owner(s)' successors, heirs, and assigns, including any lessees of the artist's studio/dwellings. B. Residential use in landmark structures. A residential use not otherwise permitted in the zone may be permitted as a conditional use in MML, II, and IC zones within a structure designated as a Landmark pursuant to Chapter 25.12 , or within a structure in a Landmark District pursuant to Chapter 25.16 or Chapter 25.28 , subject to the following criteria: 1. The use shall be compatible with the historic or landmark character of the structure. The Director shall request a determination regarding compatibility by the respective Board having jurisdiction over the structure or lot; 2. The residential use shall not restrict or disrupt industrial activity in the zone, and 3. The surrounding uses would not be detrimental to occupants of the Landmark structure. C. Residential use in UI zones. Residential uses are permitted as an administrative conditional use in UI zones if all of the following criteria are met. The residential use may be part of a Major Phased Development. 1. The residential use shall not exceed a density limit of 50 dwelling units per acre; and 2. The residential use shall not be located within 200 feet of a shoreline; and 3. The residential use shall not be within 200 feet of a designated major truck street; and 4. All dwelling units shall have sound-insulating windows sufficient to maintain interior sound levels at 60 decibels or below in consideration of existing environmental noise levels at the site. The applicant shall submit an analysis of existing noise levels and documentation of the sound insulating capabilities of windows as part of the conditional use permit application; and 5. All dwelling units shall have a permanently installed air cooling system and a balanced ventilation system, which may be combined. The ventilation system shall filter any outdoor air supply through filters rated MERV 13 or higher as determined by the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE). The air cooling and ventilation systems shall be indicated on the plan; and 6. The residential use shall be located, designed, and configured in a manner to reduce potential conflict with adjacent existing industrial business operations; and 7. The owner(s) of a building seeking a conditional use for the residential use must sign and record a covenant and equitable servitude, on a form acceptable to the Director, that acknowledges that the owner(s) and occupants of the building accept the industrial character of the neighborhood and agree that existing or permitted industrial uses do not constitute a nuisance or other inappropriate or unlawful use of land. Such covenant and equitable servitude must state that it is binding on the owner(s)' successors, heirs, and assigns, including any lessees of the residential use; and 8. The residential use shall be a part of a mixed-use development that includes non-residential uses permitted in UI zones, and the residential use component shall not exceed 50 percent of the total floor area of the mixed use development; and 9. Occupancies of dwelling units are voluntarily limited by the building owner to support the availability of housing that is affordable to area workers, such that the residential use consists of either: a. All dwelling units are live-work units in which the commercial activity qualifies as industrial, or are caretakers' quarters associated with a business on the same site provided no single business shall have more than three associated caretakers' quarters; or b. A minimum of 50 percent of the dwelling units are moderate-income units. D. High-impact uses may be permitted as a conditional use in the MML zone, according to the following criteria: 1. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts; and 2. A management plan may be required. The Director may determine the level of detail to be disclosed in the plan based on the probable impacts and/or the scale of the effects. Discussion of materials handling and storage, odor control, transportation, and other factors may be required. E. A new railroad switchyard with a mechanized hump, or the expansion of such a use beyond the lot occupied as of October 7, 1987, may be permitted as a conditional use in the MML zone, according to the following criteria: 1. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts; 2. Measures to minimize the impacts of noise, light, and glare, 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. F. Solid waste transfer stations may be permitted as a conditional use in the MML, UI, and IC zones according to the following criteria: 1. Measures to minimize potential odor emissions and airborne pollutants shall be determined in consultation with the Puget Sound Clean Air Agency. These measures shall be incorporated into the design and operation of the facility; 2. Measures to maximize control of rodents, birds and other vectors shall be determined in consultation with Public Health—Seattle & King County. These measures shall be incorporated into the design and operation of the facility; 3. The Director may require a transportation plan. The Director shall determine the level of detail to be disclosed in the plan such as estimated trip generation, access routes, and surrounding area traffic counts, based on the probable impacts and/or scale of the proposed facility; and 4. Measures to minimize other impacts are incorporated into the design and operation of the facility; 5. For any portion of the principal structure containing the solid waste management use that is located in a UI zone, the following standards apply: a. The maximum floor area of the principal structure is limited to 7,000 square feet. b. A setback of at least 65 feet is required between any facade of the principal structure and any lot line that abuts or is across a street from a residentially zoned lot. 6. Accessory structures including scales, scale houses, entrance/exit kiosks, walls, screening, and other minor incidental improvements, including canopies over scales houses and drive lanes, are permitted. The total area of all scale houses in IC or UI zones shall not exceed 1,000 square feet. 7. A landscaped area at least 20 feet deep is required between any structure or any parking located in an IC or UI zone and the nearest street lot line. 8. Parking and driveways accessory to a solid waste transfer station. Parking and driveways on property in an IC or UI zone may be permitted as a conditional use accessory to a solid waste transfer station if: a. The parking is on property that is part of the same development site as the solid waste transfer station use. b. The parking meets the criteria of Section 23.50A.060 . c. The parking is subject to analysis in any transportation plan required by the Director pursuant to subsection 23.50A.062.F.3. d. Driveways providing access to parking or access to the solid waste transfer station are on the same development site as the solid waste transfer station use. 9. Rooftop features on the principal structure shall not exceed the maximum height limit of the zone. 10. All transfer, handling, and compacting of materials processed by the solid waste management use shall be conducted within an enclosed structure. 11. Outdoor storage is prohibited. G. Heavy manufacturing uses may be permitted in UI, II, and IC zones, and in portions of MML zones that are located within 1,500 linear feet of land that is residentially zoned and developed with housing, or neighborhood commercial zoned land except where separated by Interstate 5, as a conditional use, only when meeting all of the following criteria: 1. The use shall be located within an enclosed building except for shipbuilding; 2. A condition is identified in permit documents limiting the hours of operation for all processes creating any adverse impacts on residentially or commercially zoned land to specific hour ranges as appropriate to minimize the adverse impact on receiving populations; 3. Truck and service traffic associated with the heavy manufacturing use shall be directed away from streets serving lots in nonindustrial zones; 4. The infrastructure of the area shall be capable of accommodating the traffic generated by the proposed use; and 5. The use shall not produce sustained or recurrent vibrations exceeding 0.002g acceleration as measured on lots in nonindustrial zones. H. The high-impact uses listed in subsection 23.50A.062.H.1 may be permitted as conditional uses in the IC and II zones according to the criteria contained in subsection 23.50A.062.H.2. 1. Uses a. The manufacture of Group A hazardous materials, except Class A or B explosives; and b. The manufacture of Group B hazardous materials, when the hazardous materials are present in quantities greater than 2,500 pounds of solids, 275 gallons of liquids, or 1,000 cubic feet of gas at any time. 2. Criteria a. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts; b. A management plan may be required. The Director may determine the level of detail to be disclosed in the plan based on the probable impacts and/or the scale of the effects. Discussion of materials handling and storage, odor control, transportation, and other factors may be required; c. The finished product as packaged for sale or distribution shall be in such a form that product handling and shipment does not constitute a significant public health risk; and d. The nature of the materials produced and/or the scale of manufacturing operations may be limited to minimize the degree and severity of risks to public health and safety. I. Bus bases may be permitted as a conditional use in the MML, II, UI, and IC zones according to the following criteria: 1. The amount of industrial land occupied by the facility shall be minimized. To avoid disruption of the industrial function of the area, the presence of the facility shall not obstruct the operation or likely expansion of existing industrial uses; 2. The location of the facility shall not result in significant displacement of viable industrial uses or support activities. 3. The amount of land occupied by the facility that has access to industrial shorelines or major rail facilities shall be minimized; and 4. A transportation plan may be required to prevent conflicts with nearby industrial uses. The Director shall determine the level of detail to be disclosed in the plan based on the probable impacts and/or scale of the proposed facility. J. Power plants may be permitted as a conditional use according to the following criteria: 1. The lot is located so that large concentrations of people, particularly in residential and commercial areas, are not exposed to unreasonable adverse impacts; 2. A facility management and transportation plan may be 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 may include discussion of transportation, noise control, and hours of operation; 3. Measures to minimize potential odor emission and airborne pollution shall meet standards of and be consistent with the Puget Sound Clean Air Agency, and shall be incorporated into the design and operation of the facility; and 4. 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. K. Lodging may be permitted as a conditional use in the IC zone according to the following criteria: 1. The use is designed primarily to serve users in the industrial area; and 2. The use is designed and located to minimize conflicts with industrial uses in the area. ([Renumbered from 23.50A.006.B]; Ord. 127316 , § 4, 2025; Ord. 126862 , § 8, 2023.)