Seattle City Council Bills and Ordinances
Information modified on April 20, 2017; retrieved on June 9, 2025 9:17 PM
Ordinance 124969
Introduced as Council Bill 118580
Title | |
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AN ORDINANCE relating to land use and zoning; repealing Ordinance 124552 and amending Sections 23.42.058, 23.47A.002, 23.47A.004, 23.47A.020, 23.48.002, 23.48.005, 23.48.065, 23.49.002, 23.49.025, 23.49.042, 23.49.090, 23.49.142, 23.49.300, 23.49.320, 23.49.338, 23.50.002, 23.50.012, 23.50.014, 23.50.044, 23.66.122, 23.66.322, and 23.84A.025 of the Seattle Municipal Code to change marijuana zoning regulations and make technical corrections. |
Description and Background | |
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Current Status: | Passed |
Fiscal Note: | Fiscal Note to Council Bill No. 118580 |
Legislative History | |
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Sponsor: | Mike O’Brien | tr>
Date Introduced: | November 30, 2015 |
Committee Referral: | Planning, Land Use, and Sustainability |
Committee Action Date: | December 15, 2015 |
Committee Recommendation: | Pass as amended |
Committee Vote: | 5 (O'Brien, Burgess, Licata, Gonzalez, Godden) - 0 (Abstained: Harrell) |
City Council Action Date: | January 11, 2016 |
City Council Action: | Passed |
City Council Vote: | 9-0 |
Date Delivered to Mayor: | January 12, 2016 |
Date Signed by Mayor: (About the signature date) | January 12, 2016 |
Date Filed with Clerk: | January 12, 2016 |
Signed Copy: | PDF scan of Ordinance No. 124969 |
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CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________ AN ORDINANCE relating to land use and zoning; repealing Ordinance 124552 and amending Sections 23.42.058, 23.47A.002, 23.47A.004, 23.47A.020, 23.48.002, 23.48.005, 23.48.065, 23.49.002, 23.49.025, 23.49.042, 23.49.090, 23.49.142, 23.49.300, 23.49.320, 23.49.338, 23.50.002, 23.50.012, 23.50.014, 23.50.044, 23.66.122, 23.66.322, and 23.84A.025 of the Seattle Municipal Code to change marijuana zoning regulations and make technical corrections. WHEREAS, on October 7, 2013, Seattle City Council passed Ordinance 124326, implementing zoning restrictions on businesses involved in the production, processing, sale, and delivery of marijuana, marijuana-infused products, or useable marijuana; and WHEREAS, a significant number of new businesses involved in the production, processing, and sale of marijuana, marijuana-infused products, or useable marijuana that are not licensed by the Washington State Liquor and Cannabis Board have opened since ordinance 124326 was passed; and WHEREAS, state legislation amended the Revised Code of Washington (RCW), Title 69, to create a highly regulated system for the production, processing, and distribution of medical marijuana; and WHEREAS, Seattle Resolution 31595 adopted on July 13, 2015, describes enforcement priorities for non-state-licensed marijuana businesses; and WHEREAS, the Seattle Marijuana Business License Ordinance adopted on July 13, 2015 requires all marijuana businesses to obtain a City marijuana license; WHEREAS, it is in the interest of the people of the City of Seattle to have clear regulations regarding where permitted marijuana businesses will be allowed to operate; and WHEREAS, it is in the interest of the people of the City of Seattle to ensure that legitimate patients continue to have the authority to grow and process marijuana for their personal use under specific guidelines; and WHEREAS, it is in the interest of the City of Seattle to enact clear and enforceable standards for businesses involved in the production, processing, and sale of marijuana, marijuana-infused products, or useable marijuana and to prohibit unlawful businesses that operate without a Washington State Liquor and Cannabis Board license in order to ensure appropriate oversight of product purity, packaging, security, signage and other business practices; and WHEREAS, buffering and dispersion provisions are necessary to ensure there are sufficient business locations, but no concentration of permitted marijuana businesses; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Pursuant to the authority granted by RCW 69.50.331(8)(b), Section 3.C of this ordinance is intended to reduce the minimum distances between state-licensed marijuana premises and the facilities described in RCW 69.50.331(8)(a), except elementary schools, secondary schools, and playgrounds, from 1,000 feet to 500 feet for facilities that include the retail sale of marijuana products; from 1,000 feet to 250 feet for premises that do not include retail sale of marijuana products; and, within a portion of the downtown core only, from 1,000 feet to 250 feet for premises that include the retail sale of marijuana products. The City Council finds that reducing these minimum distances will not negatively impact the City of Seattle’s civil regulatory enforcement, criminal law enforcement interests, public safety, or public health. Section 2. Ordinance 124552 is repealed. Section 3. Section 23.42.058 of the Seattle Municipal Code, enacted by Ordinance 124326, is amended as follows: 23.42.058 Marijuana
A. ((
B. On any lot or any combination of contiguous lots held in common ownership that contains one or more dwelling units:
1. no production, processing, selling, or delivery of marijuana, marijuana-infused products, or useable marijuana may be conducted unless it is in association with a dwelling unit or is in association with a business establishment meeting the
limitations imposed by subsection 23.42.058.C; and
2. major marijuana activity may not be conducted in association with any dwelling unit.
C. Except as provided in subsection 23.42.058.D, major marijuana activity may not be conducted in association with all business establishments combined on a lot or combination of contiguous lots held in common ownership.
D. Licensed marijuana business establishments described in subsection 23.42.058.D.1 are exempt from subsection 23.42.058.C if not located in any of the restricted areas listed in subsection 23.42.058.D.2.
1. A "licensed marijuana business establishment" within the meaning of subsection 23.42.058.D is a business establishment acting in compliance with a license issued by the state for the production, processing, selling, or delivery of
marijuana, marijuana-infused products, or useable marijuana under Title 69 of the Revised Code of Washington.
2. The "restricted areas" within the meaning of subsection 23.42.058.D are:
B. Major marijuana activity is prohibited in the following zones and districts
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C. Major marijuana activity is allowed in all other zones if the activity and site meet the following requirements:
1. The person operating the major marijuana activity must have a current license issued by the State of Washington pursuant to Title 69 RCW authorizing the person to produce, process, or sell, at the proposed site, marijuana, marijuana-infused products,
useable marijuana, or marijuana concentrates, or to research or test any of those products at the proposed site for quality assurance pursuant to Title 69 RCW;
2. Any lot line of property having a major marijuana activity must be 1,000 feet or more from any lot line of property on which any of the following uses as defined in WAC 314-55-010 is located: elementary school; secondary school; or playground;
3. Any lot line of property having a major marijuana activity that includes the retail sale of marijuana products, except that in Downtown Mixed Residential and Downtown Mixed Commercial zones within that portion of the Downtown Urban Center that is
west of Interstate 5, north of Yesler Way, and south of Denny Way major marijuana activity that includes the retail sale of marijuana products must be 250 feet or more, must be 500 feet or more from any lot line of property on which any of the
following uses as defined in WAC 314-55-010 is established and operating: child care center; game arcade; library; public park; public transit center; or recreation center or facility;
4. Any lot line of property having a major marijuana activity that does not include the retail sale of marijuana products must be 250 feet or more from any lot line of property on which any of the following uses as defined in WAC 314-55-010 is
established and operating: child care center; game arcade; library; public park; public transit center; or recreation center or facility;
5. No more than two properties with major marijuana activity that includes the retail sale of marijuana products are allowed within 1000 feet of each other; where any lot lines of two properties with existing major marijuana activity that includes the
retail sale of marijuana products are located within 1000 feet of each other, any lot line of another property with a new major marijuana activity that includes the retail sale of marijuana products must be 1000 feet or more from the closest lot line of
the property containing existing major marijuana activity that includes the retail sale of marijuana products;
6. Whether a major marijuana activity complies with the locational requirements prescribed by subsections 23.42.058.C.2, 23.42.058.C.3, 23.42.058.C.4, or 23.42.058.C.5 shall be based on facts that exist on the date the Washington State Liquor and
Cannabis Board issues a “Notice of Marijuana Application” to The City of Seattle.
23.47A.002 Scope of provisions
A. This ((
Neighborhood Commercial 1 (NC1) ((
Neighborhood Commercial 2 (NC2) ((
Neighborhood Commercial 3 (NC3) ((
Commercial 1 (C1) (( Commercial 2 (C2). B. Commercial zones listed in subsection 23.47A.002.A and having an incentive zoning suffix are subject to this Chapter 23.47A and Chapter 23.58A, Incentive Provisions.
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(( Section 5. Subsection 23.47A.004.A and Table A for 23.47A.004 of the Seattle Municipal Code, which section was last amended by Ordinance 124843, are amended as follows: 23.47A.004 Permitted and prohibited uses
A. All uses are permitted outright, prohibited, or permitted as a conditional use according to Table A for 23.47A.004 and this Section 23.47A.004, except as may be otherwise provided pursuant to subtitle III, Division 3, Overlay Districts,
of this ((
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Section 6. Section 23.47A.020 of the Seattle Municipal Code, last amended by Ordinance 123046, is amended as follows: 23.47A.020 Odor standards
A. The venting of odors, vapors, smoke, cinders, dust, gas , and fumes shall be at least ((
B. Major ((
1. Uses that employ the following odor-emitting processes or activities are (( a. Lithographic, rotogravure , or flexographic printing; b. Film burning; c. Fiberglassing; d. Selling of gasoline and/or storage of gasoline in tanks larger than 260 gallons; e. Handling of heated tars and asphalts; f. Incinerating (commercial); g. Tire buffing; h. Metal plating; i. Vapor degreasing; j. Wire reclamation;
k. Use of boilers (greater than 106 British (( l. Animal food processing; m. The production or processing of marijuana products by a major marijuana activity; and
(( 2. Uses that employ the following processes are considered major odor sources, except when the entire activity is conducted as part of a commercial use other than food processing or heavy commercial services: a. Cooking of grains; b. Smoking of food or food products; c. Fish or fishmeal processing; d. Coffee or nut roasting; e. Deep fat frying; f. Dry cleaning. C. When an application is made for a use that is a major odor source, the Director, in consultation with the Puget Sound Clean Air Agency (PSCAA), will determine the appropriate measures to be taken by the applicant in order to significantly reduce potential odor emissions and airborne pollutants. The measures to be taken must be indicated on plans submitted to the Director and may be required as conditions for the issuance of any permit. After a permit has been issued, any measures that were required by the permit must be maintained. Section 7. Section 23.48.002 of the Seattle Municipal Code, last amended by Ordinance 124883, is amended as follows: 23.48.002 Scope of provisions A. This Chapter 23.48 identifies uses that are or may be permitted in Seattle Mixed (SM) zones and establishes development standards. The SM zone boundaries are shown on the Official Land Use Map. As identified in Table A for 23.48.002, the SM-SLU designation with a height limit suffix may be applied to SM zoned land in the South Lake Union area. The SM-D designation with a height limit range may be applied to SM zoned land in the West Dravus area. The SM-NR designation with a height limit suffix may be applied to SM zoned land in the North Rainier area.
B. The provisions of Subchapter I for 23.48 apply in all SM zones and supplemental regulations for designated areas are provided in Chapter 23.48. To the extent provisions in a supplemental subchapter conflict with provisions in Subchapter I, the provisions of the supplemental subchapter apply.
C. Other regulations, such as requirements for major marijuana activity (Section 23.42.058); requirements for streets, alleys, and easements (( Section 8. Section 23.48.005 of the Seattle Municipal Code, last amended by Ordinance 124883, is amended as follows: 23.48.005 Uses A. Permitted uses 1. All uses are permitted outright, either as principal or accessory uses, except those specifically prohibited by subsection 23.48.005.B and those permitted only as conditional uses by subsection 23.48.005.C. 2. Adult cabarets shall comply with the requirements of subsection 23.47A.004.H. 3. Major marijuana activity shall comply with the requirements of Section 23.42.058. B. Prohibited uses. The following uses are prohibited as both principal and accessory uses, except as otherwise noted: 1. All high-impact uses; 2. All heavy manufacturing uses; 3. General manufacturing uses, greater than 25,000 square feet of gross floor area for an individual business establishment, except for pharmaceutical production; 4. Drive-in businesses, except gas stations; 5. Jails;
6. Adult motion picture theaters and adult (( 7. Outdoor storage, except for outdoor storage associated with florists and horticulture uses; 8. Principal use surface parking; 9. Animal shelters and kennels; 10. Animal husbandry; 11. Park and pool lots; 12. Park and ride lots; 13. Work release centers; 14. Recycling; 15. Solid waste management; and 16. Mobile home parks. C. Conditional uses 1. Conditional uses are subject to the procedures described in Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, and shall meet the provisions of both Section 23.42.042 and this subsection 23.48.005.C. 2. Mini-warehouses and warehouses may be permitted by the Director as administrative conditional uses if: a. The street-level portion of a mini-warehouse or warehouse only fronts on an east/west oriented street, or an alley; and b. Vehicular entrances, including those for loading operations, will not disrupt traffic or transit routes; and c. The traffic generated will not disrupt the pedestrian character of an area by significantly increasing the potential for pedestrian-vehicle conflicts. D. Required street-level uses 1. One or more of the uses listed in this subsection 23.48.005.D are required at street level on all lots abutting streets designated as Class 1 Pedestrian Streets shown on Map A for 23.48.240, except as required in subsection 23.48.205.A. The following uses qualify as required street-level uses: a. General sales and service uses; b. Eating and drinking establishments; c. Entertainment uses; d. Public libraries; e. Public parks; and f. Arts facilities. 2. Standards for required street-level uses. Required street-level uses shall meet the development standards in subsection 23.48.040.C. Section 9. Section 23.48.065 of the Seattle Municipal Code, last amended by Ordinance 124883, is amended as follows: 23.48.065 Noise and odor standards A. All permitted uses and activities are subject to the noise standards of Section 23.47A.018. B. All permitted uses and activities are subject to the odor standards of Section 23.47A.020. Section 10. Section 23.49.002 of the Seattle Municipal Code, last amended by Ordinance 122054, is amended as follows:
23.49.002 Scope of provisions ((
A. This ((
B. Property in the following special districts: Pike Place Market Urban Renewal Area, Pike Place Market Historic District, Pioneer Square Preservation District, International Special Review District, and the Shoreline District, are subject to both
the requirements of this (( C. Standards and guidelines for amenity features are found in the Downtown Amenity Standards. D. Requirements for alley improvements are provided in Chapter 23.53. Standards for design of parking are provided in Chapter 23.54. Signs shall be regulated by Chapter 23.55. Methods for measurements are provided in Chapter 23.86.
E. Communication utilities and accessory communication devices except as exempted in Section 23.57.002 are subject to the regulations in this (( F. Major marijuana activity is subject to the regulations in this Chapter 23.49 and additional regulations in Section 23.42.058. Section 11. Subsection 23.49.025.A of the Seattle Municipal Code, which section was last amended by Ordinance 124378, is amended as follows: 23.49.025 Odor, noise, light/glare, and solid waste recyclable materials storage space standards
A. The venting of odors, fumes, vapors, smoke, cinders, dust, and gas shall be at least 10 feet above finished sidewalk grade, and directed away from (( 1. Major odor sources
a. Uses that employ the following odor-emitting processes or activities are (( 1) Lithographic, rotogravure , or flexographic printing; 2) Film burning; 3) Fiberglassing; 4) Selling of gasoline and/or storage of gasoline in tanks larger than 260 gallons; 5) Handling of heated tars and asphalts; 6) Incinerating (commercial); 7) Metal plating; 8) Use of boilers (greater than 106 British thermal units per hour, 10,000 pounds steam per hour, or 30 boiler horsepower); 9) The production or processing of marijuana products by a major marijuana activity; and 10) Other uses creating similar odor impacts. b. Uses that employ the following processes are considered major odor sources, unless the entire activity is conducted as part of a commercial use other than food processing or heavy commercial services: 1) Cooking of grains; 2) Smoking of food or food products; 3) Fish or fishmeal processing; 4) Coffee or nut roasting; 5) Deep fat frying; 6) Dry cleaning; and 7) Other uses creating similar odor impacts.
2. Review of ((
* * * Section 12. Section 23.49.042 of the Seattle Municipal Code, last amended by Ordinance 122054, is amended as follows:
23.49.042 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial permitted uses ((
The provisions of this ((
A. All uses (( B. All uses not prohibited shall be permitted as either principal or accessory uses.
C. Public ((
1. Except as provided in ((
2. Essential (( Section 13. Section 23.49.090 of the Seattle Municipal Code, last amended by Ordinance 120443, is amended as follows:
23.49.090 Downtown Retail Core, permitted uses ((
A. All uses (( B. All uses not prohibited shall be permitted as either principal or accessory uses.
C. Public ((
1. Except as provided in Section 23.49.096, uses in public facilities that are most similar to uses permitted outright under this ((
2. Essential (( Section 14. Section 23.49.142 of the Seattle Municipal Code, last amended by Ordinance 118672, is amended as follows:
23.49.142 Downtown Mixed Residential, permitted uses((
A. All uses ((
B. All uses not prohibited ((
C. Public ((
1. Except as provided in ((
2. Essential (( Section 15. Section 23.49.300 of the Seattle Municipal Code, last amended by Ordinance 117430, is amended as follows:
23.49.300 Downtown Harborfront 1, uses ((
A. Uses that ((
B. Essential (( Section 16. Section 23.49.320 of the Seattle Municipal Code, last amended by Ordinance 122311, is amended as follows:
23.49.320 Downtown Harborfront 2, prohibited uses ((
The following uses (( A. Drive-in businesses, except gas stations located in parking garages; B. Outdoor storage, except when accessory to water-dependent or water-related uses located in Downtown Harborfront 1 or Downtown Harborfront 2; C. Adult motion picture theaters and adult panorams; D. All general and heavy manufacturing uses; E. Solid waste management; F. Recycling;
G. All high-impact uses; ((
H. Work-release centers (( I. Major marijuana activity. Section 17. Subsection 23.49.338.A of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows: 23.49.338 Pike Market Mixed, prohibited uses. A. The following uses are prohibited as both principal and accessory uses in areas outside of the Pike Place Market Historical District, Map 1K: 1. Drive-in businesses, except gas stations located in parking garages; 2. Outdoor storage; 3. Adult motion picture theaters and adult panorams; 4. Transportation facilities, except principal use parking; 5. Major communication utilities; 6. All general manufacturing uses; 7. Solid waste management; 8. Recycling; 9. All industrial uses;
10. Jails; ((
11. Work-release centers (( 12. Major marijuana activity.
* * * Section 18. Section 23.50.002 of the Seattle Municipal Code, last amended by Ordinance 124105, is amended as follows: 23.50.002 Scope of provisions
A. There (( B. In addition to the regulations in this Chapter 23.50, certain industrial areas may be regulated by other chapters or titles of the Seattle Municipal Code, including but not limited to: Special Review Districts, Chapter 23.66; Landmark Districts, Chapter 25.12; or the Shoreline District, Chapter 23.60A.
C. Communication utilities and accessory communication devices except as exempted in Section 23.57.002 are subject to the regulations in this ((
D. For the purposes of this (( E. Major marijuana activity is subject to the regulations in this Chapter 23.50 and additional regulations in Section 23.42.058. Section 19. Subsections 23.50.012.A and 23.50.012.B and Table A for 23.50.012 of the Seattle Municipal Code, which section was last amended by Ordinance 124326, are amended as follows: 23.50.012 Permitted and Prohibited Uses A. All uses are permitted outright, prohibited , or permitted as a conditional use, according to Table A for 23.50.012 and this Section 23.50.012. B. All permitted uses are allowed as either a principal use or an accessory use, unless otherwise indicated in Table A for 23.50.012.
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Section 20. Subsection 23.50.014.B of the Seattle Municipal Code, which section was last amended by Ordinance 124105, is amended as follows: 23.50.014 Conditional uses
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B. Administrative (( 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), Industrial Buffer (IB) and Industrial Commercial (IC) zones, 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), Industrial Buffer (IB) and Industrial Commercial (IC) 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. 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), Industrial Buffer (IB) and Industrial Commercial (IC) 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), Industrial Buffer (IB) and Industrial Commercial (IC) zones within a structure designated as a Landmark, pursuant to the Seattle Municipal Code, Chapter 25.12, Landmarks Preservation, or within a structure in a Landmark District, pursuant to the Seattle Municipal Code, Chapters 25.16, Ballard Avenue Landmark District, or Chapter 25.28, Pioneer Square Historical District, 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 (( 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), Industrial Commercial (IC), 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 & 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 fa’e7ade 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 Section 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. The heavy manufacturing uses listed in subsection 23.50.014. B . 9 . a ((
a. Uses ((
(1) Mass production of commercial or recreational vessels of any size and the production of vessels up to (( (2) Manufacturing of electrical components, such as semiconductors and circuit boards, using chemical processes such as etching or metal coating; and (3) Production of industrial organic and inorganic chemicals, and soaps and detergents.
b. Criteria (( (1) Except for shipbuilding, the use shall be located within an enclosed building; (2) The hours of operation for all processes creating any impacts on residentially or commercially zoned land may be limited; (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; (5) The use shall not produce sustained or recurrent vibrations exceeding 0.002g acceleration as measured on lots in nonindustrial zones; (6) 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 (7) The nature of the materials produced and/or the scale of manufacturing operations may be limited in order to minimize the degree and severity of risks to public health and safety.
10. The high-impact uses listed in subsection 23.50. B . 10 . a ((
a. Uses (( (1) The manufacture of Group A hazardous materials, except Class A or B explosives; and
(2) The manufacture of Group B hazardous materials, when the hazardous materials are present in quantities greater than ((
b. 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 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; (3) 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 (4) The nature of the materials produced and/or the scale of manufacturing operations may be limited in order to minimize the degree and severity of risks to public health and safety. 11. Bus bases may be permitted as a conditional use in the General Industrial 1 (IG1), General Industrial 2 (IG2), Industrial Buffer (IB) and Industrial Commercial (IC) 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.
12. Development of a medical service use over (( 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. 13. 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 (( 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. 14. 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. Section 21. Section 23.50.044 of the Seattle Municipal Code, last amended by Ordinance 124378, is amended as follows:
23.50.044 (( A. Major odor sources in Industrial Buffer and Industrial Commercial zones
1. Uses that involve the following odor-emitting processes or activities (( a. Lithographic, rotogravure , or flexographic printing; b. Film burning; c. Fiberglassing; d. Selling of gasoline and/or storage of gasoline in tanks larger than 260 gallons; e. Handling of heated tars and asphalts; f. Incinerating (commercial); g. Metal plating; h. Tire buffing; i. Vapor degreasing; j. Wire reclamation; k. Use of boilers (greater than 106 British thermal units per hour, 10,000 pounds steam per hour, or 30 boiler horsepower); l. The production or processing of marijuana products by a major marijuana activity; and m. Other uses creating similar odor impacts. 2. Uses that employ the following processes shall be considered major odor sources, unless the entire activity is conducted as part of a commercial use other than food processing or heavy commercial services: a. Cooking of grains; b. Smoking of food or food products; c. Fish or fishmeal processing; d. Coffee or nut roasting; e. Deep-fat frying; f. Dry cleaning; g. Animal food processing; and h. Other uses creating similar odor impacts. B. Major odor sources in General Industrial zones 1. Uses that involve the following odor-emitting processes or activities in General Industrial zones are major odor sources: a. The production or processing of marijuana products by a major marijuana activity.
(( Section 22. Section 23.66.122 of the Seattle Municipal Code, last amended by Ordinance 123034, is amended as follows: 23.66.122 Prohibited uses A. The following uses are prohibited in the Pioneer Square Preservation District as both principal and accessory uses: 1. Retail ice dispensaries; 2. Plant nurseries; 3. Frozen food lockers; 4. Animal shelters and kennels; 5. Pet daycare, except as permitted as a street - level use in subsection 23.49.180.F if an applicant elects to use added height under the provisions of Section 23.49.180; 6. Automotive sales and service, except gas stations located in parking garages; 7. Marine sales and service; 8. Heavy commercial services; 9. Heavy commercial sales; 10. Adult motion picture theaters; 11. Adult panorams; 12. Bowling alleys; 13. Skating rinks; 14. Major communication utilities; 15. Advertising signs and off-premises directional signs; 16. Transportation facilities, except passenger terminals, rail transit facilities, parking garages, and streetcar maintenance bases; 17. Outdoor storage; 18. Jails; 19. Work-release centers; 20. General and heavy manufacturing uses; 21. Solid waste management;
22. Recycling uses; (( 23. Major marijuana activity; and 24. High-impact uses. B. Except for the uses listed in subsection 23.66.122.B.2, automobile-oriented commercial uses are prohibited, including but not limited to the automobile-oriented uses listed in subsection 23.66.122.B.1.
1. Examples of prohibited automobile-oriented commercial uses ((
a. Drive-in businesses ((
b. Principal and accessory surface parking areas not in existence prior to August 10, 1981 ((
c. Principal-use parking garages for long-term parking (( d. Motels.
2. Permitted automobile-oriented uses (( a. Gas stations accessory to parking garages; b. Accessory-use surface parking in the Subarea B shown on Map C for 23.66.122 and 23.66.150 either :
((
((
c. Principal-use parking garages for long-term parking in structures authorized pursuant to (( d. Accessory-use parking garages. Section 23. Section 23.66.322 of the Seattle Municipal Code, last amended by Ordinance 123589, is amended as follows: 23.66.322 Prohibited uses A. The following uses are prohibited as both principal and accessory uses in the entire International Special Review District: 1. Adult motion picture theaters; 2. Adult panorams; 3. All general and heavy manufacturing uses; 4. All high-impact uses; 5. Solid waste management; 6. Recycling uses; 7. Automotive sales and service; 8. Bowling lanes; 9. Major communication utilities; 10. Heavy commercial sales; 11. Drive-in businesses; 12. Frozen food lockers; 13. Heavy commercial services; 14. Marine sales and services; 15. Medical testing laboratories; 16. Mortuary services; 17. Motels; 18. Outdoor storage; 19. Plant nurseries; 20. Retail ice dispensaries; 21. Shooting galleries; 22. Skating rinks; 23. Mobile home parks; 24. Transportation facilities except: passenger terminals, rail transit facilities, and parking and moorage uses; 25. Animal shelters and kennels; 26. Jails; 27. Major marijuana activity; and 28. Work-release centers. B. In addition to the prohibited uses listed in subsection 23.66.322.A, light manufacturing uses that occupy more than 10,000 square feet are prohibited in that portion of the International Special Review District west of Interstate 5. C. All light manufacturing uses are prohibited in that portion of the District in an IDR zone. Section 24. Section 23.84A.025 of the Seattle Municipal Code, last amended by Ordinance 124326, is amended as follows: 23.84A.025 “M”
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"Marijuana activity, major" means , except as provided below, (( a. production of marijuana involving up to 15 plants; b. production of marijuana involving up to 60 plants if the production is conducted by a cooperative that is registered with the Washington State Liquor and Cannabis Board and operates in compliance with RCW 69.51A.043; c. drying or incorporation into food of up to 15 marijuana plants; or d. drying or incorporation into food of up to 60 marijuana plants if such processing is conducted by a cooperative that is registered with the Washington State Liquor and Cannabis Board and operates in compliance with chapter 69.51A RCW. “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than ten percent.
* * * Section 25. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of its application to any person or circumstance, does not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 26. This ordinance shall take effect and be in force immediately upon the approval by the Mayor; or if returned to the Council by the Mayor unsigned, then immediately upon its return; or if not approved and returned by the Mayor within 10 days after presentation, then on the 11th day after its presentation to the Mayor; or if vetoed by the Mayor, then immediately after its passage over his veto. Passed by the City Council the ____ day of ________________________, 2016, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2016. _________________________________ President __________of the City Council Approved by me this ____ day of _____________________, 2016. _________________________________ Edward B. Murray, Mayor Filed by me this ____ day of __________________________, 2016. ____________________________________ Monica Martinez Simmons, City Clerk (Seal) |
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