A. Criteria For All Conditional Uses. All conditional uses are subject to the procedures set forth in Chapter 23.76 , Procedures for Master Use Permits and Council Land Use Decisions, and 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. The benefits to the public that would be provided by the use shall outweigh the negative impacts of the use. 3. Landscaping and screening, vehicular access controls and other measures shall insure the compatibility of the use with the surrounding area and mitigate adverse impacts. 4. The conditional use shall be denied if it is determined that the negative impacts cannot be mitigated satisfactorily. However, 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. 5. In areas covered by Council-adopted Neighborhood Plans that were adopted after 1983, uses shall be consistent with the recommendations of the plans. B. Administrative conditional uses. The following uses, identified as administrative conditional uses in Table A for 23.50.012, may be permitted by the Director if the provisions of this subsection 23.50.014.B and subsection 23.50.014.A are met. 1. Artist's studio/dwellings in an existing structure may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), and Industrial Buffer (IB), except as provided in the Shoreline District, Chapter 23.60A , upon showing that the occupant is a bona fide working artist, and subject to the following criteria: a. Artist's studio/dwellings shall generally be discouraged along arterials such as freeways, state routes, and freight lines; b. Artist's studio/dwellings shall not be allowed in areas where existing industrial uses may cause environmental or safety problems; c. Artist's studio/dwellings shall not be located where they may restrict or disrupt industrial activity; d. The nature of the artist's work shall be such that there is a genuine need for the space; and e. 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. 2. Park-and-pool lots in IG1 and IG2 zones in the Duwamish Manufacturing/Industrial Center, and park-and-ride lots in General Industrial 1 (IG1), General Industrial 2 (IG2), and Industrial Buffer (IB) zones may be permitted as a conditional use according to the following criteria: a. The park-and-pool lot shall not create conflict with industrial activity by causing significant additional traffic to circulate through the area; b. The park-and-pool lot has direct vehicular access to a designated arterial improved to City standards; c. The park-and-pool lot shall be located on an existing parking area unless no reasonable alternative exists; d. If the proposed park-and-pool lot is located on a lot containing accessory parking for other uses, there shall be no substantial conflict in the principal operating hours of the lot and the other uses; and e. The park-and-pool lot is not located within 3,000 feet of downtown. 3. Except in the Duwamish Manufacturing/Industrial Center, lodging uses may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), and Industrial Buffer (IB) zones according to the following criteria: a. The use is designed primarily to serve users in the industrial area; and b. The use is designed and located to minimize conflicts with industrial uses in the area. 4. A residential use not otherwise permitted in the zone may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), and Industrial Buffer (IB) 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: a. 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; b. The residential use shall not restrict or disrupt industrial activity in the zone, and c. The surrounding uses would not be detrimental to occupants of the Landmark structure. 5. High-impact uses may be permitted as a conditional use in General Industrial 1 (IG1), and General Industrial 2 (IG2) zones, according to the following 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. 6. 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 General Industrial 1 (IG1) and General Industrial 2 (IG2) zones, according to the following 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. 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. 7. Solid waste transfer stations may be permitted as a conditional use in General Industrial 1 (IG1), General Industrial 2 (IG2), and Industrial Buffer (IB) zones according to the following criteria: a. Measures to minimize potential odor emissions and airborne pollutants shall be determined in consultation with the Puget Sound Clean Air Agency (PSCAA). These measures shall be incorporated into the design and operation of the facility; b. Measures to maximize control of rodents, birds, and other vectors shall be determined in consultation with Public Health—Seattle and King County. These measures shall be incorporated into the design and operation of the facility; c. 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 d. Measures to minimize other impacts are incorporated into the design and operation of the facility. e. For any portion of the principal structure containing the solid waste management use that is located in an IB zone, the following standards apply: 1) The maximum floor area of the principal structure is limited to 7,000 square feet. 2) 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. f. 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 in IB zones. The total area of all scale houses in IB zones shall not exceed 1,000 square feet. g. A landscaped area at least 20 feet deep is required between any structure or any parking located in an IB zone and the nearest street lot line. h. Parking and driveways accessory to a solid waste transfer station. Parking and driveways on property in an IB zone may be permitted as a conditional use accessory to a solid waste transfer station if: 1) The parking is on property that is part of the same development site as the solid waste transfer station use. 2) The parking meets the criteria of this subsection 23.50.014.A. 3) The parking is subject to analysis in any transportation plan required by the Director pursuant to subsection 23.50.014.B.7.c. 4) 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. i. Rooftop features on the principal structure shall not exceed the maximum height limit of the zone. j. All transfer, handling, and compacting of materials processed by the solid waste management use shall be conducted within an enclosed structure. k. Outdoor storage is prohibited. 8. Heavy manufacturing uses may be permitted in the Industrial Buffer (IB) zone as a conditional use according to the following criteria: a. The use shall be located within an enclosed building except for shipbuilding; b. The hours of operation for all processes creating any adverse impacts on residentially or commercially zoned land may be limited; c. Truck and service traffic associated with the heavy manufacturing use shall be directed away from streets serving lots in nonindustrial zones; d. The infrastructure of the area shall be capable of accommodating the traffic generated by the proposed use; and e. The use shall not produce sustained or recurrent vibrations exceeding 0.002g acceleration as measured on lots in nonindustrial zones. 9. Bus bases may be permitted as a conditional use in the General Industrial 1 (IG1), General Industrial 2 (IG2), and Industrial Buffer (IB) zones according to the following criteria: a. 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; b. The location of the facility shall not result in significant displacement of viable industrial uses or support activities; c. The amount of land occupied by the facility that has access to industrial shorelines or major rail facilities shall be minimized; and d. 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. 10. Development of a medical service use over 10,000 square feet, outside but within 2,500 feet of a medical Major Institution overlay district boundary, shall be subject to administrative conditional use approval, unless included in an adopted master plan. In making a determination whether to approve or deny medical service use, the Director shall determine whether an adequate supply of industrially zoned land will continue to exist. The following factors shall be used in making this determination: a. Whether the amount of medical service use development existing and proposed in the vicinity would reduce the current viability or significantly impact the longer-term potential of the manufacturing or heavy commercial character of the industrial area; and b. Whether medical service use development would displace existing manufacturing or heavy commercial uses or usurp vacant land, in areas with parcels particularly suited for manufacturing or heavy commercial uses. 11. A nonconforming use may be converted by an administrative conditional use authorization to a use not otherwise permitted in the zone based on the following factors: a. New uses shall be limited to those first permitted in the next more intensive zone; b. The Director shall evaluate the relative impacts of size, parking, traffic, light, glare, noise, odor, and similar impacts of the two uses, and how these impacts could be mitigated; c. The Director must find that the new nonconforming use is no more detrimental to property in the zone and vicinity than the existing nonconforming use. 12. An accessory hospital facility may be permitted as a conditional use according to the following criteria: a. The hospital facility is an integral element of a research and development laboratory or an institute for advanced study to which it is accessory; and b. The hospital use shall not be allowed in areas where industrial activity may adversely affect hospital activity. C. Administrative Conditional Uses/Queen Anne Interbay Area. Within the area shown on Map A for 23.50.014.C, the uses listed in subsections 23.50.014.C.1 and 23.50.014.C.2 shall be administrative conditional uses and may be permitted by the Director when the provisions of subsection 23.50.014.A and 23.50.014.C are met: 1. Heavy manufacturing uses may be permitted as a conditional use according to the following criteria: a. Except shipbuilding, the use shall be located within an enclosed building; b. The hours of operation for all process creating any adverse impacts on residentially or commercially zoned land shall be limited; c. Truck and service traffic associated with the heavy manufacturing use shall be directed away from streets serving lots in nonindustrial zones; d. The infrastructure of the area shall be capable of accommodating the traffic generated by the proposed use; and e. The use shall not produce sustained or recurrent vibrations exceeding 0.002 g acceleration as measured on lots in nonindustrial zones. 2. Power plants may be permitted as a conditional use according to the following 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 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; c. Measures to minimize potential odor emission and airborne pollution shall meet standards of and be consistent with the Puget Sound Clean Air Agency (PSCAA), and shall be incorporated into the design and operation of the facility; and d. Landscaping and screening, separation from less-intensive zones, noise, light and glare controls, and other measures to insure 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. D. Council conditional uses. The following uses are identified as Council conditional uses on Table A for 23.50.012 and may be permitted by the Council when provisions of this subsection 23.50.014.D and subsection 23.50.014.A are met: 1. Sewage treatment plants may be permitted as a Council conditional use in General Industrial 1 (IG1), and General Industrial 2 (IG2) zones according to the following criteria: a. The plant shall be located so that adverse impacts would not affect large concentrations of people, particularly in residential and commercial areas; b. The negative impacts of the use can be satisfactorily mitigated by imposing conditions to protect other property in the zone or vicinity and to protect the environment. Appropriate mitigation measures shall include but are not limited to: 1) A facility management and transportation plan shall 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 shall at a minimum include discussion of sludge transportation, noise control, and hours of operation, and shall be incorporated into the design and operation of the facility; 2) 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; 3) 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; 4) Vehicular access suitable for trucks shall be available or provided from the plant to a designated arterial improved to City standards; and 5) Landscaping and screening, separation from less-intensive zones, noise, light and glare controls, and other measures to insure 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. 2. Heliports may be permitted as a Council conditional use in General Industrial 1 (IG1), and General Industrial 2 (IG2) zones according to the following criteria: a. The heliport: is to be used for the takeoff and landing and servicing of helicopters that serve a public safety, news gathering, or emergency medical care function; 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 2,000 feet of a residential zone; b. A need shall be determined for the facility at the proposed location; c. The heliport is located to minimize impacts, such as noise and dust impacts, on lots in the surrounding area; d. The lot is of sufficient size that the operations of the heliport and the flight paths of helicopters are buffered from the surrounding area; e. Open areas and landing pads are hard-surfaced; and f. The heliport meets all federal requirements including those for safety, glide angles, and approach lanes. 3. Airports may be permitted as a Council conditional use in the General Industrial 1 (IG1) and General Industrial 2 (IG2) zones according to the following criteria: a. A need shall be determined for the facility at the proposed location; b. The impacts of the proposal shall be evaluated so that the negative impacts can be satisfactorily mitigated by imposing conditions to protect other property in the zone or vicinity and to protect the environment. Appropriate mitigation measures shall include, but are not limited to: 1) The site shall be located so that adverse impacts associated with landing and takeoff activities, including noise levels and safety conditions, will not affect large numbers of people in the immediate vicinity as well as in the general landing path of the flight pattern; 2) A facility management and transportation plan shall be required. At a minimum, the facility management and transportation plan shall demonstrate noise control, vehicle and service access, and hours of operation, and shall be incorporated into the design and operation of the facility; and 3) Landscaping and screening, separation from less-intensive zones, noise, light and glare controls, and other measures to insure 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. 4. Solid waste incineration facilities may be permitted as a Council conditional use in the General Industrial 1 (IG1) and General Industrial 2 (IG2) zones according to the following 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. Measures to minimize odor emission and airborne pollutants shall be determined in consultation with the Puget Sound Clean Air Agency (PSCAA). These measures shall be incorporated into the design and operation of the facility; c. A transportation plan may be required. 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. 5. Helistops may be permitted as a Council conditional use in the General Industrial 1 (IG1), General Industrial 2 (IG2), and Industrial Buffer (IB) zones according to the following criteria: a. The helistop is not within 1,200 feet of a residential zone; b. The helistop is located to minimize impacts, such as noise and dust impacts, on lots in residential zones; c. The lot is of sufficient size that the operations of the helistop and the flight paths of the helicopter are buffered from the surrounding area; d. Open areas and landing pads are hard-surfaced; and e. The helistop meets all federal requirements, including those for safety, glide angles and approach lanes. (Ord. 126864 , § 3, 2023; Ord. 126685 , § 35, 2022 [cross-reference and style update]; Ord. 125603 , § 52, 2018; Ord. 124969 , § 20, 2016; Ord. 124105 , § 24, 2013; Ord. 123668, § 1, 2011; Ord. 123872, § 5, 2012; Ord. 123046, § 65, 2009; Ord. 122311 , § 62, 2006; Ord. 121477, § 23, 2004; Ord. 121145, § 9, 2003; Ord. 120117, § 39, 2000; Ord. 119972, § 6, 2000; Ord. 118794, §§ 39, 40, 1997; Ord. 116907 , § 8, 1993; Ord. 116616 , § 7, 1993; Ord. 116232 , § 1, 1992; Ord. 115135, § 1, 1990; Ord. 115002 , § 11, 1990; Ord. 113658, § 4, 1987.)