CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to land use and zoning; clarifying regulations related to detention centers and jails; amending Sections 23.47A.004, 23.49.044, 23.49.046, 23.49.092, 23.49.096, 23.49.144, 23.49.148, 23.49.300, 23.49.320, 23.49.324, and 23.84A.020 of the Seattle Municipal Code; approving a work plan; declaring an emergency; and establishing an immediate effective date; all by a 3/4 vote of the City Council.
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BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The City finds and declares:
A. Detention centers have been proliferating around the country. Consistent with Washington law, RCW 36.70A.200(1)(b), detention centers are facilities that are operated by a private entity in which persons are detained in custody under process of law pending the outcome of legal proceedings but are not used for punishment, correction, counseling, or rehabilitation following the conviction of a criminal offense, and exclude facilities detaining persons under RCW 71.09.020(7) or (16) or chapters 10.77 or 71.05 RCW.
B. The Seattle Municipal Code (SMC) does not currently define detention centers and does not identify where detention centers are appropriate within Seattle.
C. The SMC allows jails, but only in limited downtown zones, where one jail is currently located. The SMC also recognizes one youth detention center located in the Capitol Hill neighborhood.
D. New or expanded detention centers or jails are likely to draw significant public interest and would require a long-term security plan and a short-term construction staging plan. New or expanded detention centers or jails could have impacts on water, sewage and wastewater, transportation and parking, public safety, and public health. These plans and mitigation measures for identified impacts should be clearly delineated in the City’s development regulations before the filing of any permit for a new or expanded jail or detention center.
E. The City needs time to analyze and determine how best to update its regulations to address both jails and detention centers after evaluation of appropriate locations for such uses.
F. The City needs time to identify what mitigation measures, if any, would be most appropriate to address the impacts of locating new or expanded jails and detention centers in Seattle’s dense urban environment.
G. Given the negative public health and safety impacts of jail and detention center siting and operations, the City Council determines that an exemption from conducting review under the Washington State Environmental Policy Act of the interim prohibition on jails and detention centers is necessary under SMC 25.05.880. The proposed interim prohibition must be implemented immediately or within a period too short for full compliance with SMC Chapter 25.05 to prevent an imminent threat to public health and safety.
H. For these reasons, the City proposes interim regulations that prohibit all new and expanded jails and detention centers, as principal and accessory uses, to allow the City time to consider and adopt appropriate permanent legislation.
Section 2. Section 23.47A.004 of the Seattle Municipal Code, last amended by Ordinance 127376, is amended as follows:
23.47A.004 Permitted and prohibited uses
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D. Public facilities
1. Uses in public facilities that are most similar to uses permitted outright or permitted as a conditional use under this Chapter 23.47A are permitted outright or as a conditional use, respectively, subject to the same use regulations, development standards, and conditional use criteria that govern the similar uses.
2. Permitted uses in public facilities requiring council approval. Unless specifically prohibited in Table A for 23.47A.004, uses in public facilities that are not similar to uses permitted outright or permitted as a conditional use under this Chapter 23.47A, may be permitted by the Council.
3. In all NC zones and C zones, uses in public facilities not meeting development standards may be permitted by the Council, and the Council may waive or grant departures from development standards, if the following criteria are satisfied:
a. The project provides unique services that are not provided to the community by the private sector, such as police and fire stations;
b. The proposed location is required to meet specific public service delivery needs;
c. The waiver of or departure from the development standards is necessary to meet specific public service delivery needs; and
d. The relationship of the project to the surrounding area has been considered in the design, siting, landscaping, and screening of the facility.
4. The Council's use approvals, and waivers of or grants of departures from applicable development standards or conditional use criteria, contemplated by subsections 23.47A.004.D.2 and 23.47A.004.D.3, are governed by the provisions of Chapter 23.76, Subchapter III.
5. Expansion of uses in public facilities
a. Major expansion. Major expansion of uses in public facilities allowed pursuant to subsections 23.47A.004.D.1, 23.47A.004.D.2, and 23.47A.004.D.3 may be permitted according to the criteria and process in those subsections 23.47A.004.D.1, 23.47A.004.D.2, and 23.47A.004.D.3. A major expansion of a public facility use occurs when an expansion would not meet development standards or the area of the expansion would exceed either 750 square feet or ten percent of the existing area of the use, whichever is greater. For the purposes of this subsection 23.47A.004.D, area of use includes gross floor area and outdoor area devoted actively to that use, other than as parking.
b. Minor expansion. An expansion of a use in a public facility that is not a major expansion is a minor expansion. Minor expansions to uses in public facilities allowed pursuant to subsections 23.47A.004.D.1, 23.47A.004.D.2, and 23.47A.004.D.3 may be permitted according to the provisions of Chapter 23.76 for a Type I Master Use Permit.
6. Essential public facilities. Permitted essential public facilities, except for light rail transit facilities, shall also be reviewed according to the provisions of Chapter 23.80. Notwithstanding conflicting provisions in subsections 23.47A.004.D.3 and 23.47A.004.D.5, light rail transit facilities are exempt from the development standards in this Chapter 23.47A and shall be reviewed according to the provisions of Chapter 23.80.
7. Youth service centers existing as of January 1, 2013, in public facilities operated by King County within urban center villages are permitted, but ((and)) replacements, additions, or expansions to such King County public facilities are ((permitted in NC3 zones)) prohibited.
Section 3. Section 23.49.044 of the Seattle Municipal Code, last amended by Ordinance 125558, is amended as follows:
23.49.044 Downtown Office Core 1, Downtown Office Core 2, and Downtown Mixed Commercial prohibited uses
The following uses are prohibited as both principal and accessory uses in DOC1, DOC2, and DMC zones, or where a single zone classification is specified, in zones with that classification only:
A. Drive-in businesses, except gas stations located in parking garages;
B. Outdoor storage;
C. All general and heavy manufacturing uses;
D. Solid waste management;
E. Recycling, except in DMC zones in South Downtown;
F. All high-impact uses;
G. In DMC zones, adult motion picture theaters and adult panorams; ((and))
H. Flexible-use parking garages for long-term parking((.)) ; and
I. Jails.
Section 4. Section 23.49.046 of the Seattle Municipal Code, last amended by Ordinance 126600, is amended as follows:
23.49.046 Downtown Office Core 1 (DOC1), Downtown Office Core 2 (DOC2), and Downtown Mixed Commercial (DMC) conditional uses and Council decisions
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((H. Jails may be permitted as Council conditional uses, except where prohibited within the International Special Review District. The Council's decision shall be based on the following criteria:
1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;
2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;
3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.))
Section 5. Section 23.49.092 of the Seattle Municipal Code, last amended by Ordinance 122311, is amended as follows:
23.49.092 Downtown Retail Core, prohibited uses
The following uses shall be prohibited as both principal and accessory uses:
A. Drive-in businesses, except gas stations located in parking garages;
B. Outdoor storage;
C. All general and heavy manufacturing uses;
D. Solid waste management;
E. Recycling; ((and))
F. All high-impact uses((.)) ; and
G. Jails.
Section 6. Section 23.49.096 of the Seattle Municipal Code, last amended by Ordinance 126600, is amended as follows:
23.49.096 Downtown Retail Core, conditional uses and Council decisions
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((I. Jails may be permitted as Council conditional uses. The Council's decision shall be based on the following criteria:
1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;
2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;
3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.))
Section 7. Section 23.49.144 of the Seattle Municipal Code, last amended by Ordinance 122311, is amended as follows:
23.49.144 Downtown Mixed Residential, prohibited uses
The following uses shall be prohibited as both principal and accessory uses:
A. Drive-in businesses, except gas stations located in parking garages;
B. Outdoor storage;
C. Helistops and heliports;
D. Adult motion picture theaters and adult panorams;
E. Light manufacturing uses in DMR/R areas;
F. All general and heavy manufacturing uses;
G. Solid waste management;
H. Recycling;
I. All high-impact uses; ((and))
J. Work-release centers((.)) ; and
K. Jails.
Section 8. Section 23.49.148 of the Seattle Municipal Code, last amended by Ordinance 126600, is amended as follows:
23.49.148 Downtown Mixed Residential, conditional uses and Council decisions
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((F. Jails may be permitted as Council conditional uses. The Council's decision shall be based on the following criteria:
1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;
2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;
3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.))
Section 9. Section 23.49.300 of the Seattle Municipal Code, last amended by Ordinance 127228, is amended as follows:
23.49.300 Downtown Harborfront 1, uses
A. Uses that are permitted or prohibited in Downtown Harborfront 1 are identified in Chapter 23.60A, except that major cannabis activity ((is)) and jails are prohibited.
B. Permitted essential public facilities, except for light rail transit facilities, shall also be reviewed according to the provisions of Chapter 23.80. Light rail transit facilities are exempt from the development standards in this Subchapter VIII and shall be reviewed according to the provisions of Chapter 23.80.
Section 10. Section 23.49.320 of the Seattle Municipal Code, last amended by Ordinance 127099, is amended as follows:
23.49.320 Downtown Harborfront 2, prohibited uses
The following uses are prohibited as both principal and accessory 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; ((and))
I. Major cannabis activity((.)) ; and
J. Jails.
Section 11. Section 23.49.324 of the Seattle Municipal Code, last amended by Ordinance 126600, is amended as follows:
23.49.324 Downtown Harborfront 2, conditional uses
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((G. Jails may be permitted as Council conditional uses. The Council's decision shall be based on the following criteria:
1. The extent to which the applicant can demonstrate the need for the new or expanding facility in the City, including a statement describing the public interest in establishing or expanding the facility;
2. The extent to which the applicant can demonstrate that the proposed location is functionally necessary to the criminal justice system;
3. The extent to which the applicant can demonstrate that the new or expanding facility does not create or further advance a level of institutionalization which is harmful to the surrounding community.))
Section 12. Section 23.84A.020 of the Seattle Municipal Code, last amended by Ordinance 124610, is amended as follows:
23.84A.020 "J"
"Jail" means: (1) a public facility, including a youth service center, for the incarceration of persons under warrant, awaiting trial on felony or misdemeanor charges, convicted but not yet sentenced, or serving a sentence upon conviction; and (2) a facility that is operated by a private entity in which persons are detained in custody under process of law pending the outcome of legal proceedings but is not used for punishment, correction, counseling, or rehabilitation following the conviction of a criminal offense. This definition does not include: (1) facilities for programs providing alternatives to imprisonment such as prerelease, work release, or probationary programs, except when provided in conjunction with a youth service center; or (2) facilities detaining persons under RCW 71.09.020(7) or RCW 71.09.020(16), chapter 10.77 RCW, or chapter 71.05 RCW.
Section 13. The interim development regulations set forth in this ordinance shall be in effect for a period of 365 days from the effective date of this ordinance and shall automatically expire after the 365-day period ends unless the interim regulations are extended as provided by statute, or unless terminated sooner by the City Council.
Section 14. Pursuant to RCW 36.70A.390, the Council will hold a public hearing within 60 days of adoption of this ordinance to take public testimony and to consider adopting further findings.
Section 15. Under RCW 36.70A.390, the Council approves the following work plan for the development of permanent regulations to address the issues in this ordinance and directs the Seattle Department of Construction and Inspections to transmit proposed legislation to the Council for consideration.
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SDCI undertakes investigation and analysis to inform permanent legislation |
Winter of 2026 through Summer of 2026 |
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Mayor transmits permanent legislation to Council |
Anticipated September 2026 |
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Council considers and approves permanent legislation |
Anticipated December 2026 |
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Permanent controls effective |
Anticipated January 2027 |
Section 16. Based on the authority of RCW 36.70A.390 and the findings of Section 1 of this ordinance, the public hearing requirement of Section 23.76.062 of the Seattle Municipal Code is waived for the adoption of this ordinance.
Section 17. The City may renew these interim regulations for one or more six-month periods in accordance with RCW 36.70A.390.
Section 18. 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 19. Based on the findings of fact set forth in Section 1 of this ordinance, the Council finds and declares that this ordinance is a public emergency ordinance, which shall take effect immediately and is necessary for the protection of the public health, safety, and welfare.
Section 20. By reason of the findings set out in this ordinance, and the emergency that is hereby declared to exist, this ordinance shall become effective immediately upon a passage by a 3/4 vote of the Council, and its approval by the Mayor, as provided in Article IV, subsection 1.I of the Charter of the City.
Passed by a 3/4 vote of all the members of the City Council the ________ day of _________________________, 2026, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2026.
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President ____________ of the City Council
Approved / returned unsigned / vetoed this ____day of _______________, 2026.
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Katie B. Wilson, Mayor
Filed by me this ________ day of _________________________, 2026.
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Scheereen Dedman, City Clerk
(Seal)