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HomeMy WebLinkAboutOrdinance No. 2022-021 An Ordinance of the City of Arlington, Washington Amending Chapter 20.48 of the Arlington Municipal Code Regarding Density and Dimensional Regulations ORDINANCE NO. 2022-021 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.48 OF THE ARLINGTON MUNICIPAL CODE REGARDING DENSITY AND DIMENSIONAL REGULATIONS WHEREAS, the City staff has engaged in a comprehensive review and has proposed an update containing numerous revisions to the Arlington Municipal Code (AMC); and WHEREAS, the Arlington Planning Commission held numerous meetings concerning the revisions, including discussions occurring at the following meetings of the commission: • January 4, 2022 • March 1, 2022 • March 15, 2022 • April 5, 2022 • April 19, 2022 • May 3, 2022 • May 17, 2022 • June 7, 2022 • June 23, 2022 • July 25, 2022 • August 2, 2022 • September 6, 2022 • September 20, 2022; and WHEREAS, the Arlington Planning Commission provided notice of and took public testimony concerning the changes at public hearings which occurred on September 20, 2022; and WHEREAS, the Planning Commission made findings and provided its recommendations to the City Council concerning the proposed changes; and WHEREAS, the City Council considered the revisions initially with docketing meetings on March 28, 2022 and April 4, 2022, and also at a joint meeting with the Planning Commission on July 25, 2022, and then on October 10, 2022 and at a public hearing conducted on October 17, 2022; and WHEREAS, the amendments were presented to the Department of Commerce for comment and said Department had no comments on the ordinance; and WHEREAS, review under the State Environmental Policy Act (SEPA) occurred with limited comments from state agencies, all of which were addressed by the City; and ORDINANCE NO.2022-021 1 WHEREAS, having considered the public testimony, the input from the Planning Commission and state agencies, the Council deems the adoption of these amendments to be in the best interests of the City and citizens; NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows: Section 1. Arlington Municipal Code Chapter 20.48 shall be and hereby is amended to read as set forth on the attached Exhibit "A". Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th day of October, 2022. CITY OF ARLINGTON Barbara Tolbert, Mayor ATTEST: r A ' / /�U -1k/1 Wendy Van ter Meersche, City Clerk APPROVED AS TO FORM: Stev eiff e, City Attorney ORDINANCE NO. 2022-021 2 EXHIBIT "A" Chapter 20.48 DENSITY AND DIMENSIONAL REGULATIONS Sections: 20.48.010 Minimum Lot Size Requirements. 20.48.020 Residential Density. 20.48.030 Lot Shape and Minimum Lot Widths. 20.48.040 Building Setback Requirements. 20.48.042 Sight Visibility Areas at Intersections. 20.48.044 Garage Setbacks/Minimum Driveway Length 20.48.050 Accessory Building Setback Requirements. 20.48.060 Building Height Limitations. 20.48.064 Maximum Lot Coverage. 20.48.090 Density on Lots Where Portion Dedicated to City for Park and Recreational Facilities. 20.48.094 Density on Lots Created Through Short Subdivision Where Portion Dedicated to City for Right-of-Way. 20.48.100 Fences and Walls 20.48.110 Density and Dimensional Diagrams 20.48.120 Lot Layout Diagrams 20.48.010 Minimum Lot Size Requirements. Subject to the provisions of Section 20.48.094(Density on Lots Created Through Short Subdivision Where Portion Dedicated to City for Right-of-Way), Section 20.44.060 (Minimum Parcel Sizes for Class es""B," er "C" Mobile Homes), Section 20.44.062 (Mobile Home Parks), and Section 20.44.096 (Penal and Correctional Facilities) all lots in each zone shall have at least the amount of square footage indicated in Table 20.48-51: Density and Dimensional Standards. 20.48.020 Residential Density. (a) Subject to Subsection (b) and the provisions of Section 20.48.094 (Density on Lots Created Through Short Subdivision Where Portion Dedicated to City for Right-of-Way), and except as provided in Section 20.44.062 (Mobile Home Parks), every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in Table 20.48-51: Density and Dimensional Standards. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded down to the nearest whole number. (b) Except in the High DeRSity ResideRt4 District, duplexes Duplexes and two-family conversions shall be allowed only on lots having at least one hundred fifty percent of the minimum square footage required for one dwelling unit on a lot withinthe Residential Ultra Low Capacity and Residential Low Capacity districts. 20.48.030 Lot Shape and Minimum Lot Widths. ORDINANCE NO. 2022-021 3 (a) No lot may be created that is so narrow or otherwise so irregularly shaped that it would be impracticable to construct on it a building that: (1) Could be used for purposes that are permissible in that zoning district, and u Could satisfy any applicable setback requirements for that district, and (3) Panhandle lots shall be avoided. Panhandle lots may only be allowed when site conditions warrant their use as determined by the Community and Economic Development Director or designee, and (4) Without limiting the generality of the foregoing standard, and except as provided by subsection (d), indicates minimum lot widths that are recommended and are deemed presumptively to satisfy the standard set forth in Subsection (a). u Lot width shall be determined by the diameter of the largest circle that can be drawn within the boundaries of a lot. The diameter of the circle must be equal to or greater than the minimum lot width of the underlying zone. ll On the bulb of cul-de-sacs, the minimum lot frontage along the right-of-way line shall be twenty feet and forty feet at the building setback line. u Shared driveways shall be permitted only on the bulb of a cul-de-sac, but are allowed in other settings as approved by the Director. Shared driveways shall be a minimum of twenty-four feet in width. ll No lot created after the effective date of this title that is less than the recommended width shall be entitled to a variance from any building setback requirement. 20.48.040 Building Setback Requirements. (a) Subject to Section 20.48.050 (Accessory Building Setback Requirements) and the other provisions of this section, no portion of any building or any freestanding sign may be located on any lot closer to any lot line than is authorized in Table 20.48-51: Density and Dimensional Standards. (1) As used in this section, the term "lot boundary line" refers to lot boundaries other than those that abut streets. For the purpose of measuring setbacks, alleys shall not be considered a public street. Setbacks from alleys shall be the same as from a lot boundary line. (2) As used in this section, the term "building" includes any substantial structure, which by nature of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description: (A) Gas pumps and overhead canopies or roofs. (B) Fences and hedges running along lot boundaries adjacent to public street rights-of- way if such fences and hedges exceed forty-two inches (unless located in the sight visibility area, then thirty inches maximum), except that the setback for fences or hedges up to seven feet high shall be ten feet from the ultimate right-of-way along exterior side yard lot boundaries adjacent to public streets provided that the area between the right-of-way and fence are well landscaped and maintained by the property owner. Subject to Section 20.48.100 and Chapter 20.46 (Design). Also see Figure 2 and 3. ORDINANCE NO. 2022-021 4 (3) Notwithstanding any other provision of this title, a sign may be erected on or affixed to a structure that (i) has a principal function that is something other than the support of the sign (e.g., a fence), but (ii) does not constitute a building as defined in this title, only if such sign is located so as to comply with the setback requirement applicable to freestanding signs in the district where such sign is located. (b) Whenever a lot in a nonresidential district has a common boundary line with a lot in a residential district lying in the RAA9 RMC, R-Mod, RLIA9 RLC, or -SRRULC zone, then the setback for the non-residential property along that common boundary shall be thirty feet. (c) Setback distances shall be measured from the property line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself,except eaves, including but not limited to chimneys,and not a mere appendage to it (such as a flagpole, etc.). (d) Whenever a private road that serves more than four lots, more than four dwelling units, or that serves any nonresidential use tending to generate traffic equivalent to more than four dwelling units is located along a lot boundary, then buildings and freestanding signs shall be set back from the private road just as if such road were a public street. (e) In any residential district,front porches may extend into the setback from the street right-of- way line up to fifty percent of that setback. (f) All buildings shall be set back a minimum of fifteen feet from any open drainage facility. (g) All buildings shall have a minimum setback of five feet from any easement. (h) Marijuana producing and processing operations on lots abutting residentially zoned lots shall be set back a minimum of thirty feet for indoor operations and fifty feet for outdoor operations. 20.48.042 Sight Visibility Areas at Intersections. At the intersection of two streets, either public or private, no structure, sign, vegetation, or anything else that obscures sight shall exceed thirty inches in height in the area described by a triangle having two twenty-five-foot legs along the curb faces of the streets from the streets' point of intersection, and a diagonal line connecting the ends of these lines. 20.48.044 Garage Setbacks/Minimum Driveway Length ll Driveway Length u All residential driveways taking access from a public road (not including alleys) shall be a minimum of twenty-two feet in length from the front property line or right-of-way_ PeFmeab'e materials should be used en private driveways when fea u All residential driveways taking access from a public alley or private drive shall either be five feet or less or be between twenty to twenty-two feet in length from the property line or right-of-way. u Driveways shall be impervious surface (concrete and/or asphalt) and utilize LID drainage when feasible u Garage Setbacks u All residential attached and detached garages are subject to Section 20.48.044 (a) Driveway Length and the Development Design Standards. ll Infill Development: ORDINANCE NO. 2022-021 5 i. All residential attached garages for one-story residential dwellings or for garages that do not have a second story above shall be recessed from the face of the primary structure a minimum of eight (8) feet. ii. All residential attached garages for two-story or greater residential dwellings where the garage is under the second story shall be recessed from the face of the primary structure a minimum of four (4) feet. iii. Residential detached garages are subject to Section 20.48.044 (a) Driveway Length and the Development Design Standards. u Residential attached and detached garages in the Old Town Residential zone are subject to the Old Town Residential Design Standards 20.48.050 Accessory Building Setback Requirements. All accessory buildings in residential districts (i.e., those established by Section 20.36.010 (Residential Districts Established) must comply with the ultimate street right-of-way and side lot boundary setbacks set forth in Section 20.48.040 (Building Setback Requirements). 20.48.055 Building Setbacks for Multi-Family Units. There shall be a minimum separation between every ten attached units or every three hundred feet. 20.48.060 Building Height Limitations. (a) For purposes of this section: (1) The height of a building shall be the vertical distance measured from the mean elevation of the finished grade of the perimeter of the building to the highest point of the building. (2) A point of access to a roof shall be the top of any parapet wall or the lowest point of a roof's surface, whichever is greater. Roofs with slopes greater than seventy-five percent are regarded as walls. (b) Subject to the remaining provisions of this section, building height limitations in the various zoning districts shall be as listed in Table 20.48-51: Density and Dimensional Standards. (c) Subject to Subsection (d), the following features are exempt from the district height limitations set forth in Subsection (b): (1) Chimneys, church spires, elevator shafts, and similar structural appendages not intended as places of occupancy or storage, (2) Flagpoles and similar devices, (3) Heating and air conditioning equipment, solar collectors, and similar equipment,fixtures, and devices. (4) Certain wireless communications facilities, as provided in Section 20.44.034 (Wireless Communications Facilities). (d) The features listed in Subsection u are exempt from the height limitations set forth in Subsection (b) if they conform to the following requirements: (1) Such features may consume not more than one-third of the total roof area. (2) The features described in Subsection (c) (3) above must be set back from the edge of the roof a minimum distance of one foot for every foot by which such features extend above the roof surface of the principal building to which they are attached. ORDINANCE NO. 2022-021 6 (3) The permit-issuing authority may authorize or require that parapet walls be constructed (up to a height not exceeding that of the features screened) to shield the features listed in Subsections c 1) and (3) from view. (e) Notwithstanding Subsection (b), in any zoning district the vertical distance from the ground to a point of access to a roof surface of any nonresidential building or any multi-family residential building containing four or more dwelling units may not exceed thirty-five feet unless the fire chief certifies to the permit-issuing authority that such building is designed to provide adequate access for firefighting personnel or the building inspector certifies that the building is otherwise designed or equipped to provide adequate protection against the dangers of fire. (f) Towers, monopoles, and antennas are allowed in all zoning districts to the extent authorized in Section 20.40.04-0 (Table of Permissible Uses), use elassifieatien 18.0 20.48.064 Maximum Lot Coverage. (a) The maximum allowable lot coverage with structures shall be as listed in Table 20.48-51: Density and Dimensional Standards. (b) In all residential districts, no more than forty percent of the area within the setback from a street right-of-way may be an impervious surface,except,that anyone may install a driveway, up to double-wide, regardless of the coverage achieved. 20.48.090 Density on Lots Where Portion Dedicated to City for Park and Recreational Facilities. (a) Subject to the other provisions of this section, if(i) any portion of a tract lies within an area designated on any officially adopted city plan as part of a proposed public park, greenway, or independent bikeway (i.e., not a part of a street), and (ii) before the tract is developed, the owner of the tract, with the concurrence of the city, dedicates to the city that portion of the tract so designated, then, when the remainder of the tract is developed for residential purposes, the permissible density at which the remainder may be developed shall be calculated in accordance with the provisions of this section. (b) If the proposed use of the remainder is a two-family or multi-family project, then the permissible density at which the remainder may be developed shall be calculated by regarding the dedicated portion of the original lot as if it were still part of the lot proposed for development. (c) If the portion of the tract that remains after dedication as provided in Subsection (a) is divided in such a way that the resultant parcels are intended for future subdivision or development, then each of the resultant parcels shall be entitled to its pro rata share of the "density bonus" provided for in Subsections (b) and (c). 20.48.094 Density on Lots Created Through Short Subdivision Where Portion Dedicated to City for Right-of-Way. Where land is dedicated to the public for widening existing rights-of-way, the minimum parcel size for lots created through the short subdivision process only may be reduced by an equivalent square footage as that dedicated, not to exceed ten percent of the required minimum parcel size. 20.48.100 Fence and Wall Height Requirements ORDINANCE NO. 2022-021 7 (a) Fence Height. ll Front yard fences abutting a sidewalk may be a maximum of 42" (3.5 feet) in height when within 10 of the rights-of-way and installed outside of the ultimate right-of-way and sight visibility areas. u If the front yard fence is located in the sight visibility area, then a maximum of 30" is allowed within the triangle area. The fence may resume allowed heights once clear from this area. ll Side and Rear yard fences may be built on the property line to a height of up to 7 feet (except corner lots need to abide by section (1) above). The fence may consist of up to 6 feet opaque, with 1 foot of lattice or other decorative design. u Architectural fence requirements and materials are located in Chapter 20.46 Design and within the Development Design Standards. ll Wall Height. (1)Walls may be installed for retaining soils, screening parking areas, or in place of a fence. (2)Walls are required to be decorative and shall follow the requirements of Chapter 20.46 Design and within the Development Design Standards. (3)Walls over 4 feet in height require a building permit and shall be structurally engineered. ORDINANCE NO. 2022-021 8 (�/a)86eAn00#ol xen M M u OI ti a 0 0 0 0 uoi a�w� 6ia (U) # # l I H � M vl v LO LO LO 0 U co LO LO X) �I wm C ca m ma � o ca LO LO uj LO LO tuD g LO LO LO U-) J a) C W _ Q) Q)M U 0 C 10 _ (d YC:) Ln Ln LO N Ln79! LO y CN O N N d N p J -i c I I I I I D` I Lnl Lnl �I f0 CIC = (nN d c pN cn C:) C:) C)� 7 N c U . C.) 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IN. A I I i 8 FT.^ MIN. ORDINANCE NO. 2022-021 13 Figure 5: Accessory Building(Garage or Shed)Location on Lot .............I � e < I — -• ORDINANCE NO. 2022-021 14 figure G: Building I(eight ❑❑ ❑ U 1-1 u T-1 H ❑ E0. EO. ORDINANCE NO. 2022-021 15 20.48.120—Lot Layout Diagrams Figure 7: Single Family Residence � 1 � I J 1 I I I I i 1 I .• I ORDINANCE NO. 2022-021 16 Figure 8: Duplex l - - - L ®y J AT_4 I I I I I I i i ORDINANCE NO. 2022-021 17 Figure 9:Triplex �I Lu -7 i II i oil t ORDINANCE NO. 2022-021 18 Figure 10: Townhouse II I II 1 I I I I 1 I I 1 I 1 I I I 1 I 1 1 I I � t I I I C'igure 1 I: Cottage Housing MOTO0 � � ORDINANCE NO. 2022-021 19 Figure 12: Multi-Family Fourplex i i I I � I ` r' i f�f I i Figure 13: Multi-Family Apartment i iC® I j C i ORDINANCE NO. 2022-021 20 Figure 14: Rowhouse _ --h - �i -r I r I I I ( I I A � I I ^ l I I l �l ORDINANCE NO. 2022-021 21 Figure 15: Multi-Family Garden Apartments Cm LIE C=) cm Y V < A < A Y Y < Y ORDINANCE NO. 2022-021 22 Figure 16: Accessory Dwelling Unit Locations Detached Standalone Structure Above an Attached Garaye Above a Detached Gara i Within the Attic of a Single- Family House Within the Basement of Sinele- Family House ORDINANCE NO. 2022-021 23 Figure 17: Commercial and Industrial Building I I , I ' i I ® it I � I ORDINANCE NO. 2022-021 24 CERTIFICATION OF ORDINANCE I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance No. 2022-021 was approved at the October 17, 2022 City Council meeting. ORDINANCE NO. 2022-021 "AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON AMENDING CHAPTER 20.48 OF THE ARLINGTON MUNICIPAL CODE REGARDING DENSITY AND DIMENSIONAL REGULATIONS" A true and correct copy of the original ordinance is attached. Dated this 18th day of October, 2022 i Lie Y -tk Wendy Van Der Meersche City Clerk for the City of Arlington