Chapter 18.15
ESSENTIAL PUBLIC FACILITIES

Sections:

18.15.010    Purpose.

18.15.020    Definitions.

18.15.030    Location.

18.15.040    Classification.

18.15.050    Process and criteria.

18.15.060    Special regulations.

18.15.070    Public notification.

18.15.010 Purpose.

The siting of essential public facilities cannot be precluded under state law. At the same time, the City has an interest in ensuring that such facilities are sited in appropriate locations and subject to reasonable conditions for design, intensity, noise, infrastructure capacity, neighborhood context, and operation. This chapter describes specific City requirements for reasonably accommodating essential public facilities. (Ord. 2342 § 6, 2003).

18.15.020 Definitions.

A. “Adult care household” means a home as defined in MTMC 19.15.020.

B. “Drug treatment facility” means a nonresidential facility that provides counseling services and drug treatment programs and may include the provision of opiate substitute medications, such as methadone, to people addicted to heroin or other opiates.

C. “Essential public facilities” means essential public facilities as defined in MTMC 18.05.080.

D. “Fair housing requirements” means provisions in state or federal law that prohibit housing discrimination against persons in protected classes, including persons with disabilities.

E. “Group home” means housing where six or more unrelated persons reside or where at least three but no more than 15 unrelated persons reside who are receiving on-site care from a provider that is licensed or employed to do so by a state agency. Group homes include adult care households, boarding homes, and “Oxford houses.”

F. “Group home institution” means a group home institution as defined in MTMC 19.15.080.

G. “Juvenile foster home” means a residence where foster care, as licensed by the state, is provided for children under the age of 18 years.

H. “Transportation facilities of statewide significance” means transportation facilities and services of statewide significance, as defined in RCW 47.06.140, as now or hereinafter may be amended, to include the interstate highway system, interregional state principal arterials, intercity high-speed ground transportation, major passenger intermodal terminals, regional high-capacity transportation systems, and any improvements identified in the statewide multimodal plan.

I. “Type A essential public facilities” means essential public facilities that are typically difficult to site because they have significant multicounty or statewide impacts, are otherwise of a controversial nature or not specifically included as a Type B essential public facility. Type A essential public facilities include only correctional facilities, secure community transition facilities, drug treatment facilities, transportation facilities of statewide significance, and public facilities that are part of a multicounty project, have significant multicounty or statewide impacts, and are not a Type B essential public facility.

J. “Type B essential public facilities” means essential public facilities that are not included in the definition of Type A essential public facilities. Type B essential public facilities include, but are not limited to, public and private schools, capital facilities that are included in the City’s capital improvement plan or transportation improvement program, governmental offices, telecommunication facilities, energy transmission lines, energy substations, public facilities that are not part of a multicounty project, group home institutions, group homes subject to fair housing requirements, juvenile foster homes, adult care households, shelter housing for victims of domestic abuse, student housing that is part of a higher education facility located within the City, and remodels or alterations to existing Type A essential public facilities that do not expand the size of the facility. (Ord. 2342 § 6, 2003).

18.15.030 Location.

A. Type A essential public facilities shall be allowed only in the zones described in the following table, except to the extent that state or federal law supersedes these requirements or in the case of an existing legal use.

Type A Essential Public Facility

Allowable Zone

Correctional facility

Light Industrial/Office Park or Public Facilities and Services

Drug treatment facility

General Commercial; Light Industrial/Office Park; Public Facilities District

Public facilities that are part of a project with significant multicounty or statewide impacts

Any district, subject to applicable requirements of MTMC Title 18 and 19

Secure community transition facility

Light Industrial/Office Park

Transportation facility of statewide significance

Any district, except as otherwise limited or prohibited under MTMC Title 18 or 19

B. Group homes that are subject to fair housing requirements shall be allowed in any zone in which housing is an allowed use, pursuant to other applicable requirements of that zone.

C. Shelter housing for victims of domestic abuse shall be permitted in any district where residential facilities are allowed, pursuant to other applicable requirements of that zone. (Ord. 2342 § 6, 2003).

18.15.040 Classification.

A development shall be considered a Type A essential public facility, based on this chapter’s definition of Type A facilities. (Ord. 2342 § 6, 2003).

18.15.050 Process and criteria.

A. Type A essential public facilities, except secure community transitional facilities, are subject to a conditional use permit application and review, public hearing and determination, pursuant to MTMC 19.110.200 and Chapter 18.05 MTMC, as applicable. In case of a conflict between the City’s municipal code and state law, the state law shall prevail.

B. Secure community transitional facilities are subject to requirements of Chapter 18.20 MTMC and a secure facilities use permit application and review and determination process by the City Council.

C. Type B essential public facilities are subject to applicable requirements under MTMC Titles 18 and 19.

D. To resolve issues associated with siting essential public facilities, the City may use the Snohomish County Tomorrow common siting process, as established through an interlocal agreement between Snohomish County and the City. (Ord. 2342 § 6, 2003).

18.15.060 Special regulations.

A. Fencing that is of a different material or height than otherwise is allowable may be approved by the Planning Department for essential public facilities where additional security is an important aspect of accommodating the facility. Such fencing must be visually subordinate to its surroundings as viewed from the street right-of-way or from adjacent property.

B. In case of a conflict between MTMC Title 19 and this chapter, this chapter shall prevail. (Ord. 2342 § 6, 2003).

18.15.070 Public notification.

A. Supplemental public notification shall be provided for all Type A essential public facilities pursuant to Chapter 18.25 MTMC.

B. Public notification for all Type B essential public facilities shall be consistent with the underlying review process per MTMC Title 19. (Ord. 2342 § 6, 2003).