HomeMy WebLinkAboutOrdinance No. 2022-010 An Ordinance of the City of Arlington, Washington Amending Chapter 20.08 of the Arlington Municipal Code Regarding Zoning Definitions ORDINANCE NO. 2022-010
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.08 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING DEFINITIONS
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
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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
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. The following definitions shall be added to Arlington Municipal Code
section 20.08.010 to read as follows:
Accessory Dwelling Unit(ADU) means a fully independent secondary living unit
that is located on the same property as the primary dwelling. An ADU can be either
attached or detached from the primary structure.
Acres, Gross means the entire acreage of a site. Gross acreage is the total area of
the site before street right-of-way dedication.
Acres, Net means the portion of the site that can actually be built upon. The
following generally are not included in the net acreage of a site: public or private road
rights-of-way, public open space, critical areas, and floodways.
ADA means Americans with Disabilities Act. For purposes of planning and land
use, federal law that requires businesses and public facilities and conveyances be
accessible to individuals with disabilities.
Adverse Impact means a negative consequence for the physical, social, or
economic environment resulting from an action or project.
Aircraft Painting and Air Frame Repair means a building used for air frame repair
and/or painting of an aircraft.
Aircraft Parking and Storage means a designated area for the parking or storage
of aircraft that provides tiedowns or provides hangars space.
Aircraft Parts and Installation means an establishment that provides the sale of
aircraft parts and installation of parts.
Aircraft Repair and Maintenance means service, repair, or maintenance of
aircraft, including but not limited to rehabilitation, mechanical repairs, and lubrication.
Aircraft Sales or Rentals means an establishment for the sale/rental of aircraft
and includes supplementary maintenance and sale of parts and accessories.
Aircraft Wash means an area designated with access to water and provides
stormwater controls for the washing of aircraft.
Ambulance Service means patient transport services, non-transport prehospital
life support services, and advanced life support, paramedic, and medical first-responder
services.
Amphitheater means an outdoor man-made structure or geological formation
used for viewing lectures, concerts, or theatrical performances. The stage or focal point
is at the lowest level, and sloped seating ascends in straight or curved rows.
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Annexation means to incorporate a land area into an existing district or
municipality, with the resulting change in the boundaries of the annexing jurisdiction.
Appeal means when a person believes a decision was made in error, an appeal
may be filed so that a higher decision-making body can review the case.
Art Gallery or Center means a room or building for the display or sale of works of
art.
Assembly of Goods, Merchandise, or Equipment means the manufacturing process
of combining individual components to a product in a sequential manner to create a
product.
Assessed Valuation means the value at which property is appraised for tax
purposes.
Athletic Facility means enclosed areas of sports pavilions, stadiums, gymnasiums,
health clubs, and other similar places where members of the general public assemble to
engage in physical exercise, participate in athletic competition, or witness sporting
events.
Athletic Fields means a developed recreation area that may contain a playground
as well as fields for competitive sports such as baseball,football, soccer, lacrosse,or other
outdoor sports. Temporary bleachers and field equipment or storage buildings may be
provided.
Attorney or Legal Services means services involving legal or law related matters
like issue of legal opinion, filing, pleading, and defending lawsuits by a lawyer or attorney
practicing law related services.
Automobile Graveyard means an establishment or place of business which is
maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped,
ruined, or dismantled motor vehicles or motor vehicle parts.
Automobile Recycling Facility means the use of land, buildings, or structures or
portion thereof where good,wares, merchandise,articles or things are dismantled and/or
sorted for further use and where such goods, wares, merchandise, articles or things are
stored wholly or partly in the open and includes a junk yard, scrap metal yard, and motor
vehicle wrecking yard or premises.
Bank, Financial Institution means an institution engaged and licensed in the
business of providing financial services to customers who maintain credit, deposit, trust,
or other financial account or relationship with the institution. Banks may also provide
financial services such as wealth management, currency exchange, and safe deposit
boxes.
Bar Establishment means a retail establishment that serves alcoholic beverages,
such as beer, wine, liquor, cocktails, and other beverages. A bar is also known as a saloon,
tavern, or pub.
Billiards or Pool Hall means a place where people get together for playing cue
sports such as pool, snooker, or carom billiards. Such establishments commonly serve
alcohol and often have arcade/video games, darts, or similar games.
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Biosolid Recycling means the practice of converting municipal sewage sludge to
manufactured compost,topsoil, and fertilizer products.This process must meet state and
federal requirements.
Bowling Alley means recreational facility which include bowling lanes, and may
include a small lounge, restaurant and/or snack bar, or video games.
Brewery means a building or establishment for brewing beer or other malt liquors.
This includes microbreweries, brewpubs, taproom breweries, craft beverages, and
distilleries. These establishments may have tasting rooms or serve food.
Bus Station means a structure where city or intercity buses stop to pick up and
drop off passengers. A bus station is intended to provide connections to multiple routes.
The bus station may have platforms assigned to fixed bus routes.
Bus Rapid Transit(BRT) means transit system using buses that provide faster
service than traditional bus routes, through improvements in infrastructure, vehicles,
and scheduling. Examples include dedicated busways, priority bus lanes, limited stop
service, and signal pre-emption.
Cannabis Collective Garden means those gardens authorized by RCW 69.51A,
which allows qualifying patients to assume responsibility for acquiring and supplying the
resources required to produce and process cannabis for medical use.
Cannabis Dispensaries means an establishment authorized by RCW 69.50, which
prepares and sells cannabis and cannabis-based products for medical or recreational
use.
Carry Out and Delivery Service means a commercial establishment where food is
prepared on the premises for consumption off the premises. The food or beverages are
packaged in disposable containers or wrappers in a ready to consume state off the
premises by persons picking up or delivering food.
Car Wash means a building containing equipment for washing automobiles
utilizing automatic mechanical devices. The site may include pay stations and/or vacuum
stations.
Cemetery means a place for the burial or interment of dead persons.
Certificate of Occupancy means an official certification that a building or place
conforms to the provisions of the zoning and building codes, and therefore may be used
or occupied. A structure cannot be occupied without a certificate of occupancy.
Civil Defense Operations means the preparation for and carrying out of all
emergency functions, other than functions for which military forces other than national
guard are primarily responsible, for the purpose of minimizing and repairing injury and
damage resulting from disasters caused by attack, sabotage or other hostile action; or by
riot or other civil disturbance; or by fire, flood, earthquake, or other natural causes.
Clinic of Physician or Dentist means privately owned practice or part of multi-
partner office or facility. Physicians focused on outpatient services designed for primary
care, routine medical care, preventive care,screenings, bloodwork, prescriptions, medical
attention for a variety of needs. Dentists or Orthodontists who are specialized in oral
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healthcare and trained to diagnose and treat conditions of gums,teeth, tongue,jaw, and
mouth.
Coliseums means a stadium, large theater, or other special building for public
meetings, sporting events, exhibitions, or public entertainment events.
Colleges, Universities, Community College means an institution of higher learning
providing facilities for teaching and research and authorized to grant academic degrees.
The institution may offer undergraduate degrees,graduate degrees,certificate programs,
or professional certification.
Commercial means a land use classification that permits facilities for the buying
and selling of commodities and services.
Commercial Greenhouse means a building or structure used for the growing of
flowers, plants, shrubs, trees, and similar vegetation which are not necessarily
transplanted outdoors on the same lot containing the building or structure but are sold
directly from such lot at wholesale or retail and may include an outdoor display area.
Common Open Space means land within or related to a development, not
individually owned or dedicated for public use that is designed and intended for the
common use of the residents of the development.
Community Park means land with full public access intended to provide
recreational opportunities beyond those supplied by neighborhood parks. Community
parks are larger in scale than neighborhood parks but smaller than regional parks.
Complete Streets means streets that are designed and operated to enable safe use
and support mobility for all users.Those include people of all ages and abilities, regardless
of whether they are travelling as drivers, pedestrians, bicyclists, or public transportation
riders. The concept of complete streets encompasses many approaches to planning,
designing, and operating roadways and rights-of-way with all users in mind to make the
transportation network safer and more efficient.
Construction/Contractor Yard and Office means service establishments primarily
engaged in general contracting or subcontracting in the building construction trades.
These include administrative offices, workshops, and the indoor or outdoor storage of
tools, equipment, materials, and vehicles. All outdoor storage related to this use shall
follow the outdoor storage requirements of§20.44 (Supplemental Uses).
Consultant means a professional hired by the city to provide expert advice,
knowledge, or services in a particular area of expertise.
Cottage Housing means a development of single family detached dwelling units
constructed in groups located on a commonly owned piece of property with each unit no
larger than 1,200 square feet. The units are built around common open space, with
minimal private yards. Units do not have individual garages; parking is located in separate
areas or in structures on the periphery of the site in order to minimize space taken up by
driveways.
Covenants, Conditions, and Restrictions (CC&Rs) means a private legal restriction
that places a burden on a parcel of land in favor of another parcel. The restriction is
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recorded in the deed. Covenants are most commonly used in the establishment of a
subdivision to restrict the use of all individual lots in the development to certain types of
use, define maintenance of common areas, and specific development regulations.
Crematorium means a building with a furnace for cremating deceased bodies.
Density means the amount of development per acre permitted on a parcel under
the applicable zoning. Common measures of density include population per acre or
square mile and dwelling units per acre.
Design Review means the comprehensive evaluation of a development and its
impact on neighboring properties and the community as a whole, from the standpoint of
site and landscape design, architecture, materials, colors, lighting, and signs, in
accordance with the development design standards.
Design Review Board means the members of the Planning Commission that act as
the decision-making body for the design of new development projects and exterior
changes to existing buildings with a value over$100,000.
Development Agreement means a legislatively approved contract between the
City and a person having legal or equitable interest in real property within the City that
establishes certain rules, regulations, and policies applicable to development of a
property for a specified period of time.
Development Design Standards means the minimum architectural design
requirements for structures to create and maintain a desirable built environment that is
predictable and functional.
Drive-In Movie Theater means an outdoor movie theater designed to permit
customers to remain in their motor vehicles while viewing an outdoor screen facing the
parking area. Sale of food or beverages may occur.
Dry Cleaner means an establishment providing commercial cleaning of clothing
and textiles using a chemical solvent rather than water.
Due Process means a requirement that legal proceedings be conducted fairly.Such
protections may include, depending on the proceeding,the right to be heard,the right to
rebut evidence, that sufficient evidence is presented to reach an informed opinion, that
all decision-makers have reviewed the information presented in public hearings, and that
conflicts of interest have been avoided.
Elementary School means any school, public or private, intended for the education
of children from kindergarten through fifth grade.
Enclosed Building means a structure having a roof and supported by columns and
walls on all sides of the structure.
Environment means the physical conditions which exist within the area which will be
affected by a proposed project, including land, air, water, minerals, flora, fauna, noise,
objects of historical or aesthetic significance.
Environmental Impact Statement (EIS) means the process under the State
Environmental Policy Act (SEPA) used for identifying and analyzing probable adverse
environmental impacts, reasonable alternatives, and mitigation. An EIS provides
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opportunities for the public, local, state, federal, and tribal governments to participate in
developing and analyzing information.
Erosion means the loosing and transportation of rock and soil debris by wind, rain,
or running water or the gradual wearing away of the upper layers of earth.
Exercise Facility means a training facility, including health clubs, that may include
exercise equipment for the purpose of physical exercise by human beings, and may
provide instruction in weight training, body building, yoga, dance, and cardiovascular
training, as well as general health and fitness instruction.
Fees means charges levied by an agency for services that the agency provides to
an individual applicant or user of a service. Development fees require project proponents
to pay certain amounts in order to have their applications processed. The fees reimburse
the agency for the expenses of processing the application. Fees also may be assessed to
mitigate the impact of a proposed development on the community.
Fire Station means a structure or other area for storing firefighting apparatus such
as fire engines and related vehicles, personal protective equipment,fire hoses, and other
specialized equipment. Fire stations contain working and living space for firefighters and
support staff.
Flood Insurance Rate Map (FIRM) means the official map on which the Federal
Insurance Administration has delineated areas of special flood hazard and the risk
premium zones applicable to that community.
Franchise Utility means a contract between the city and a public or private utility
provider, such as natural gas, electrical power, telephone, cable television or any other
communication services authorized to occupy the city's easements or rights-of-way to
deliver its services.
Fraternal Club or Lodge means a building or part of a building used for the
purposes of a club, society, or association organized and operated on a non-profit basis
exclusively for social welfare, civic improvement, pleasure or recreation or for any other
similar purpose.
Frontage Improvements means sidewalks, curbs, gutters, conform pavement,
streetlights, utilities, storm drainage, planting strips, and driveways, constructed as
approved and in accordance with the City of Arlington Public Work's Construction
Standards and Specifications.
Fuel Sales, Aviation means an establishment operated on the Arlington Municipal
Airport at a fixed location at which aviation and/or jet fuel is offered for sale to pilots.
Fuel Sales, Vehicles means an establishment operated at a fixed location at which
gasoline or any other motor vehicle engine fuel is offered for sale to the public.
Funeral Home means an establishment with facilities for the preparation of the
deceased for burial or cremation, for viewing of the body, and for funerals.
General Mercantile means retail stores which sell a number of products used by
the general public but may exclude certain items like food and grocery.These stores keep
a wide variety of products for day-to-day life and household goods.
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Golf and Country Club means a location with golf course activities for which
members pay a membership fee or daily fee,for the use of the facilities and services. May
include restaurant, meeting rooms, restrooms, or similar amenities.
Golf Course means an area of land with highly maintained natural turf laid out for
the game of golf with a series of nine or more holes, each including a tee, a fairway, a
putting green, and often one or more natural or artificial hazards.
Golf Course, Driving Range means a public or private area for the purposes of
practicing golf driving techniques and is equipped with distance markers, lighting, safety
nets, parking areas,golf equipment rental facilities, and washrooms, but does not include
a golf course.
Golf Course, Miniature means a game or amusement modeled on golf and played
with a putter and golf ball, in which each very short, grassless "hole" constitutes and
obstacle course using concrete, turf, wooden alleys, tunnels, bridge, ramps, tubes,
windmills, etc., through which the ball must be hit.
Golf Course, Par 3 means a shortened golf course consisting of "holes" that give
players three shots to make par. All other aspects are the same as a regular golf course.
Goods means anything from merchandise, supplies, raw materials to already
completed products; any tangible items that can be used or stored.
Government Office Building means those buildings which are owned and operated
by a government agency for the purpose of conducting government business.
Health Care Facility means an institution providing health care services. This can
include hospital or other licensed inpatient center; an ambulatory surgical or treatment
center; a skilled nursing center; a diagnostic, laboratory, or imaging center; and a
rehabilitation or other therapeutic health setting.
Horticultural Sales means the use of land, buildings, or structures for the sales of
fruits, vegetables, herbs, flowers, or ornamental plants that are grown and produced on
the same farm or otherwise on the same parcel.
Hospital means an institution that is built, staffed, and equipped for the diagnosis
of disease; for the treatment, both medical and surgical, of the sick and the injured; and
for their housing during the process.
Hotel means any structure or space, or a portion thereof, which is occupied or
intended or designed for occupancy by transients for dwelling, lodging, or sleeping
purposes, and includes any hotel, inn, motel or any place in which rooms, lodging or
accommodations are furnished to transients for a consideration.
Indoor Automobile and Motorcycle Racing Track means a permanent facility or
building built for the racing of automobiles and/or motorcycles on a round or oval track
constructed of material designed for racing, such as dirt or asphalt.
Indoor Recreation means an indoor facility for any number of uses such as game
courts, exercise equipment, exercise and/or dance floor area, pools, locker rooms, spa,
whirlpool or hot tub, and which may include an accessory retail shop for the sale of
related equipment.
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Industry means economic activity concerned with the processing of raw materials
and manufacture of good in factories.
Infill Development means the process of developing vacant or under-utilized
parcels within existing urban areas that are already largely developed.
Institutions for Confined Mentally 111 Persons means placement of an individual in
an institution for therapeutic or correctional purposes or when he or she is incapable of
living independently, often as a result of a physical or mental condition.
Insurance or Stockbroker means and independent person or company that
represents the interests of the buyer in searching for insurance coverage at the lowest
cost and providing the highest benefits to the buyer or who buys and sells securities on a
stock exchange on behalf of the client.
Laundromat means an establishment with coin-operated washing machines and
dryers for public use.
Library means a collection of books, newspapers, videos, music or other written
or printed materials that are kept for people to read, use, or borrow, as well as the facility
in which they are housed and the institution that is responsible for their maintenance.
Major Plat. See Plat, Preliminary
Major Subdivision. See Subdivision, Major
Manufactured Home means a single-family dwelling unit built according to the
Department of Housing and Urban Development Manufactured Home Construction and
Safety Standards Act, which is a national, preemptive building code. A manufactured
home also:
(1) Includes plumbing, heating, air conditioning, and electrical systems;
(2) Is built on a permanent chassis; and
(3) Can be transported in one or more sections with each section at least
eight feet wide and forty feet long when transported; or when installed on the
site is three hundred twenty square feet or greater (see RCW 46.04.302).
Manufacturing means the processing of raw materials or parts into finished goods
through the use of tools, human labor, machinery, and chemical processing.
Master Planned Neighborhood means an overlay on the residential ultra low capacity
zone that provides a conceptual plan that shows the approximate locations, types, sizes
of public facilities, amenity areas (e.g., parks, schools, open space, common landscape
areas, etc.), and includes all elements listed in chapter 20.44.032. A master planned
neighborhood requires approval from city council.
Medical Clinic means a building or portion of a building used solely for the purpose
of consultation, diagnosis and treatment of patients by two or more legally qualified
physicians, dentist, optometrists, chiropractors, together with their qualified assistant,
and without limiting the generality of the foregoing, the building may include
administrative offices,waiting rooms,examination rooms,treatment rooms, laboratories
and/or pharmacies used in connection and forming part of the practices, but shall not
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include accommodation for inpatient care, operating rooms for major surgery or any use
otherwise defined or classified herein.
Military Reserve means specific trained pre-organized forces operating on an on-
call basis from the main military force. Each member acts in combat as a regular soldier.
Minor Plat. See Plat, Preliminary Short
Minor Subdivision. See Subdivision, Minor.
Mobile Home means a factory-built dwelling built prior to June 15, 1976, to
standards other than the HUD Code, and acceptable under applicable state codes in effect
at the time of construction or introduction of the home into the state. Mobile homes have
not been built since the introduction of the HUD Manufactured Home Construction and
Safety Standards Act.
Mobile Sales and Delivery means sales and delivery of goods or services form a
mobile structure, either motorized or not. Mobile sales and deliver are not intended for
uses set up in one location on a semi-permanent basis, but rather for uses that frequently
move from one place to another.
Motel means an enclosed building that is a convenient, temporary sleeping place
people traveling by car, typically one or two floors with outdoor room entrances.
Motor Vehicle Painting and Body Work means a facility for collision services
including body, frame, or fender straightening or repair and painting of vehicles in an
appropriate paint booth.
Motor Vehicle Repair and Maintenance means service, repair, or maintenance of
any type of vehicle, including but not limited to vehicle and equipment rehabilitation,
mechanical repairs, and lubrication.
Motor Vehicle Sales or Rental means an establishment for the sale/rental of
automobiles, passenger vehicles, light trucks, motorcycle, camping trailers, boats, or
other recreational vehicles and includes supplementary maintenance and sale of parts
and accessories.
Movie Theater means a building that contains an seating for viewing films or
movies for entertainment.
Museum means a building in which objects of historical, scientific, artistic, or
cultural interest are stored and exhibited.
National Guard Center means a building that supports the training,
administration, and logistics of National Guard units by providing assembly space,
classrooms, weapons, protective personal equipment storage, and training space.
Neighborhood Park(mini-park) means a park located in a subdivision, multi-family
complex, or mixed-use development complex and is privately owned by a home owners
association and used by those living within the specific development.
Night Club means an establishment that provides entertainment and has as its
primary source of revenue (a) the sale of alcohol for consumption on the premises, (b)
cover charges, or (c) both.
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Non-Commercial Towers and Antennas means structures designed and used for
residential purposes, such as television, radio, or other similar uses.
Nursery School means a school for children between the ages of about two to five
years old.
Office means a space for the transaction of general business, typically not
involving manual labor. Office uses do not include retail sales, manufacturing,or industrial
activities.
Ordinance means a law or regulation adopted by the council of the public agency.
Outdoor Entertainment Venue means an outdoor theater, amphitheater, plaza,
street, or other improved area that is used as a public venue or forum to which members
of the general public are invited to listen, view, or otherwise participate in an outdoor
event that is organized, licensed or permitted by the owner of the venue.
Outdoor Recreation means the commercial or non-commercial use of land, with
or without accessory buildings and structures, for a recreational activity undertaken
where the outdoor setting and landscape is a significant element in the activity, and the
density of recreational users is not a significant element, and includes park or open space,
playing field, arboretum, and outdoor exhibits.
Park means an open area or place in a city or town for nature. There are often
trees, benches, statues, picnic areas, and/or ponds in a park. It is mostly used for
recreational activities such as walking, exercising, cycling, playing, etc. A play park can
even have swings, slides, and some adventurous activities.
Penal and Correctional Facility means any penitentiary, state farm, reformatory,
prison,jail, house of correction, police detention area, or other institution or place for the
incarceration or custody of a persons under sentence for offenses awaiting trial or a
violation of mandatory supervised release, or awaiting a bail setting hearing, or
preliminary hearing.
Personal Services means any business enterprise whose primary purpose is to
provide services rendered in the fields of architecture, health, law, engineering,
accounting, and other similar fields.
Pet Grooming means an establishment for domestic animals receive grooming
services, including bathing, cutting of hair,trimming of nails, and other associated acts of
grooming and may include the ancillary sale of products related to this service, but does
not include veterinary services, breeding, boarding, outdoor kennel, or overnight
accommodation.
Pet Store means a retail establishment offering small animals, and fish, birds, or
other animals for sale as pets. Grooming services and the sale of associated pet food and
supplies may also be included.
Plat, Preliminary Short means the map or representation of a short subdivision per
RCW 58.17.020 (6) and (8).
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Police Station means a building in which houses the police headquarters for a
particular district, from which police officers are dispatched and to which persons under
arrest are brought.
Post Office means an office or station of a government postal system at which mail
is received and sorted, from which it is dispatched and distributed, and at which stamps
are sold or other services rendered.
Processing means to perform a series of mechanical or chemical operations on
(something) to change or preserve it or subjecting something to a series of actions in
order to achieve a particular result.
Professional Services means a service requiring specialized knowledge and skill
usually of a mental or intellectual nature and usually requiring a license, certification, or
registration. These include lawyers, advertising professionals, architects, accountants,
financial advisers, engineers, and consultants, and similar professions that offer
customized, knowledge-based services to clients.
Public Park means a development designed or reserved for active or passive
recreational use, including all natural and man-made open space and landscaping,
facilities, playing fields, and buildings that are consistent with the general purposes of
recreation operated by a public agency.
Public Parking Garage means a public structure for motor vehicles to park. Typically
consists of several floors and is sometimes underground.
Public Parking Lot means an off-street, ground level open area, usually improved for
the temporary parking of motor vehicles available to the general public with or without
payment of a fee.
Public Utility Lift Station means a publicly owned and operated facility used to
move wastewater from lower to higher elevation, particularly where the elevation of the
source is not sufficient for gravity flow and/or when the use of gravity conveyance will
result in excessive excavation depths and high sewer construction costs.
Public Utility Pump Station means a publicly owned and operated facility with
machinery for pumping large amounts of water from lower elevations to higher elevations
or for moving water from one area to another.
Reclamation Landfill means the gain of land from the sea,or wetlands,or other water
bodies,and restoration of productivity or use to lands that have been degraded by human
activities or impaired by natural phenomena.
Recreational or Park Building means a structure constructed on designated public
land for patrons of the park to use in conjunction with recreational activities and may
include restrooms, storage sheds, concession stands, baseball announcer booths, or
similar structures that support the uses associated within the specific park.
Religious Assembly, Accessory means a place used for worship and related religious,
philanthropic, or social activities in a building that is not the primary use of the site.
Typical uses include churches, chapels, mosques, temples, synagogues, parish halls,
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convents, and monasteries. This use class does not include public or private education
services or commercial schools, even as accessory uses.
Religious Assembly, Principal means development used for worship and related
religious, philanthropic, or social activities and includes accessory rectories, manses,
meeting rooms, food preparation, and service facilities, classrooms, and other buildings.
Typical uses include churches, chapels, mosques, temples, synagogues, parish halls,
convents, and monasteries. This use class does not include public or private education
services or commercial schools, even as accessory uses.
Renovating means to restore to a former better state by cleaning, repairing, or
rebuilding.
Repairing means to restore by replacing a part or putting together what is torn or
broken.
Rescue Squad means an organization which engages in the search for lost persons,
rescue of persons, rescue of persons who are trapped or who are in of rescue services,
search for and recovery of drowned persons, or any other rescue related activity.
Research and Development Company means activities that companies undertake
to innovate and introduce new products and services. It is often the first stage in the
development process. The goal is typically to take new products and services to market.
Residence, Multi-Family Fourplex means a residential building structure containing
four separate units.
Residence, Multi-Family Garden Apartments means a community comprised of
several smaller low-rise buildings, three stories or less, located on a large property with
ample common interest outdoor space, and the outdoor green spaces are filled with
gardens, grass, shrubs and trees. Private outdoor green space may also be allowed in
conjunction with the common interest space.
Residence, Multi-Family Rowhouses means a single-family home set at the same
point on the property line as its neighboring units in one row of similar houses that are
joined together by sharing a common wall, roofline, and, generally, a consistent exterior
design.
Residence, Multi-Family Triplex means a residential building structure containing
three separate units.
Restaurant means space in a building maintained, advertised and held out to the
public as a place where individually priced meals are prepared and served primarily for
on-premises consumption and were the primary source of revenue from the operation is
from the sale of food. The building shall have a dining room or rooms, a kitchen and the
number and kinds of employees necessary for the preparing, cooking, and serving of
meals.
Retail Trade means establishment primarily engaged in selling merchandise for
personal or household consumption and rendering services incidental to the sale of
goods.
ORDINANCE NO. 2022-010 13
Sales and Rental of Goods: Sales means commercial activity whereby the seller is
obliged to deliver goods, transfer ownership in the goods to the buyer and receive
payment; and where the buyer is obliged to pay the seller and receive delivery of and
ownership in the goods in accordance with an agreement. Rental means any goods to be
supplied to the "buyer" on a lease basis for a set price on a daily, weekly, monthly, or
yearly basis.
Salon, Barber Shop, Beauty Shop, Tanning means a shop or business offering a
specific product or service relate to fashion, hairdressing, or beauty.
Sanitary Landfill means the method of controlled disposal of solid waste (refuse)
on land.
Scrap Materials Salvage Yard means an open area where waste or scrap material,
including parts of used motor vehicles, and appliances are bought, sold, exchanged,
stored, parked, disassembled, or handled.
Secondary School means a school intermediate between elementary school and
college and usually offering general,technical,vocational, or college-preparatory courses.
Typically grades six through twelve, however once a student reach grade nine, they are
considered be a high school student.
Services means those that provide an activity or the performance of a task with a
commercial purpose.
Skateboard Park means a recreation area designed with ramps, rails, etc. for
skateboarding.
Skating Rink means an indoor building that contains a surface for ice skate or roller
skate.
Social Club means a group of people or the place where they meet, generally
formed around a common interest, occupation, or activity.
Soil Processing Operations means the use of any land, building, or structure for
the purpose of storing, mixing,composting, packaging soil, soil conditioning agents,wood
chips and related materials, compost, or manure.
Solid Waste Recycling Center means an establishment, place of business, facility,
or building which is maintained, operated, or used for the storing, keeping, buying,selling
of waste materials for the purpose of converting such items into a usable product.
Solid Waste Transfer Station means a facility where solid waste is unloaded from
collection vehicles or containers for reloading into larger, long-distance vehicles for
transport to landfills or other permitted solid waste facilities for final disposal.
Sport Court means an outdoor asphalt or concrete court (not including parking lots)
designed for athletic purposes, (i.e. basketball court, tennis court, etc.) surrounded by
fencing or on a standalone pad.
Squash Court means an indoor specially marked court for the game of squash.
Stadium means a large usually roofless building with tiers of seats for spectators
at sports events.
ORDINANCE NO. 2022-010 14
Storage, Goods means the function that involves holding goods between the time
of their production and their final sale.
Storage, Materials means indoor or outdoor area where bulk materials (liquid,
solid, granular, etc.) are stored in piles, barrels,tanks, bins, crates, or other means.
Storage, Vehicles means parking tow-aways, impound yards, and storage lots for
automobiles, trucks, buses, and recreational vehicles.
Street, New or Improved means any new or reconstructed fully constructed street
with curb, gutter, sidewalk, planting strip, and final lift of asphalt.
Studio: Art, Music, Dance means a small-scale facility for the production of or
education in a fine art, dance, or performance program. Examples of these facilities
include individual and group instruction and training in the arts; production rehearsal;
photography, and the processing of photographs produced only by users of the studio
facilities; martial arts training studios; gymnastics instruction, and fitness centers. Also
includes production studios for individual musicians, painters, sculptors, photographers,
and other artists.
Subdivision, Unit Lot means an alternative to conventional subdivision process by
which the location of a building on a lot can be placed in such a manner that one or more
of the building's sides rests directly on a lot line, allowing for the creation of fee simple
lots for townhome, and cottage housing developments, in zones where such uses are
permit. Each building shall not be less than one unit or exceed ten units and shall maintain
a ten-foot separation from other buildings. A major unit lot subdivision is 10 lots or more
and a minor unit lot subdivision is 9 lots or less.
Swimming Pool means any outdoor or indoor structure intended for swimming,
including in-ground and above-ground structures, and includes hot tubs, spas, portable
spas, and non-portable wading pools.
Technology Company means a company that has as its principal function the
providing of services, including computer, information transfer, communication,
distribution, processing, administrative, laboratory, experimental, developmental,
technical or testing services; manufacture of goods or materials; the processing of goods
or materials by physical or chemical change; computer related activities; robotics,
biological or pharmaceutical, industrial activities; or technology-oriented or emerging
industrial activity. Technology-enabled businesses can be situated in industries such as,
but not limited to agriculture technology, biotechnology, consumer technology, green
technology, health care technology, logistics technology, manufacturing technology, and
services technology.
Temporary Building means a building or structure that complies with the following
uses and can be place on a lot for a limited time.
Temporary Mobile or Modular Structures for Public Services means a temporary
prefabricated structure to be used for a limited time for public use.
Temporary Residence means a permanent residence in which a person abides,
lodges, or resides, including, but not limited to, vacation, business, or personal travel
destinations in or out of this state, for a period of 5 or more days in the aggregate during
ORDINANCE NO. 2022-010 15
any calendar year and which is not the person's permanent address or, for a person
whose permanent residence is not in this state, a place where the person is employed,
practices a vocation, or is enrolled as a student for any period of time in this state.
Temporary Seasonal Farmer's Market means a market in which local farmers sell
their agricultural products directly to consumers; allowed within specific time frames and
seasons.
Temporary Use means a use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
Towing Operation means a business of towing for compensation motor vehicles.
Such business shall also include the storage of towed vehicles, pending their return to the
owner thereof by the person or his/her or his agent who towed such vehicle.
Trade or Vocational School means a postsecondary educational institution
designed to train students for a specific job in a skilled trade career. Most importantly, a
trade school offers hands-on training to prepare students for actual work in their chosen
field. Trade school programs are entirely concentrated on relevant job training.
Traffic Generation, means the volume of vehicular traffic generated over a
prescribed area within a prescribed time frame, which can be directly attributed to a
particular development or geographic area.
Train Station means a railway facility or area where trains regularly stop to load or
unload passengers, freight, or both.
Training Facility means the use of any lot or building in which training or
educational services are offered, but does not include an elementary school, secondary
school, or post-secondary school. A training facility may include but is not limited to the
instruction of a trade,skill, service, administration, dance,calisthenics, business, aviation,
art, language, hairdressing, music, cultural or sport.
Travel Agency means an agency that makes the necessary arrangements for
travelers, especially the booking of airline tickets and hotel rooms.
Union Hall means a building in which a union meets or conducts its business;
specifically, the headquarters of a trade union used as a center for meetings, for the
recruitment of union works, etc. and may refer to a hiring hall or trade union office.
Unit Lot Subdivision. See Subdivision, Unit Lot.
Veterinarian means a medical professional who practices veterinary medicine by
treating diseases, disorders, managing reproductive health and injuries of animals.
Water Slides means a continuous wetted chute, down which people slide into a pool
typically located at an amusement park or water park.
Section 2. The following definitions in Arlington Municipal Code section 20.08.010
shall be and hereby are amended to read as follows:
Abandonment means to cease or discontinue a use or activity without intent to
resume but excluding temporary or shert short-term interruptions to a use or activity during
ORDINANCE NO. 2022-010 16
periods of remodeling, maintaining,or otherwise improving or rearranging a facility,or during
normal periods of vacation or seasonal closure.
Access means a FneaRs way of approaching or entering a property. Access includes
ingress,the right to enter, and egress,the right to leave by of vehicular, pedestrian, or other
ingress and egress to a lot or parcel.
A Non-Single-Family Residential Access Tract or Easement is a private road internal
to a single non-Single-Family Residential development intended to provide access to the
public or rear-lot property owners. Such "private roads" can only be used where, in the
opinion of the perks Community and Economic Development Director,there is no
potential or need for connection of public streets from one side of a property to another.
The permit-issuing authority must approve their use.
Adjoining means that which is joined or united and arAually touching.
Alterations means a change or rearrangement of the structural parts of existing
facilities, or an enlargement by extending the site or increasing the height or depth, OF
depth or moving from one location to another. In buildings for business, commercial,
industrial or similar uses, the installation or rearrangement of partitions affecting more than
one-third of a single floor area shall be considered an alteration.
Binding Site Plan means a drawing to a scale specified in this title which: (a)
Identifies and shows the areas and locations of all streets, roads, improvements, utilities,
open spaces, and any other matters specified herein; (b) contains inscriptions or
attachments setting forth such appropriate limitations and conditions for the use of the
land as are established in this title; and (c) contains provisions making any development be
in conformity with the site plan. A major binding site plan is 10 lots or more and a minor
binding site plan is 9 lots or less.
Certify means whenever this title requires that some agency agencies certify the
existence of some fact or circumstance to the city, the city may require that such
certification be made in any manner that provides reasonable assurance of the accuracy of
the certification. By way of illustration, and without limiting the foregoing, the city may
accept certification by telephone from some agency when the circumstances warrant it, or
the city may require that the certification be in the form of a letter or other document.
Combination Use means a use consisting of a combination on one lot of two or more
principal uses separately listed in the Tables of Permissible Uses, Section 20.40. ale
Under some circumstances, a second principal use may be regarded
as accessory to the first, and thus a combination use is not established. See
Sec#ieR§20.40.050 (Accessory Uses). In addition, when two or more separately owned or
separately operated enterprises occupy the same lot, and all such enterprises fall within the
same principal use classification, this shall not constitute a combination use.}
Community and Economic Development Director means the Director of the
Department of Community and Economic Development.
Critical Areas means aquifer recharging areas, fish and wildlife habitats, frequently
flooded areas, geologically hazardous areas, wetlands, and streams, as defined in t1LHs Chapter
20.93.
ORDINANCE NO. 2022-010 17
Day Care Center, Commercial means any^"i' 2 childcare arrangement that
provides day care on a regular basis for more than twelve children of whom at least one is
unrelated to the provider.
Day Care, In-Home means any r"i' t childcare arrangement that provides day
care on a regular basis for less than twelve children of whom at least one is unrelated to
the provider.
Developable (e.g., land, acres) means land on which development can occur per the
regulations of this and other Titles of the Arlington Municipal Code. Specifically, lands that
are considered environmentally critical areas per Chapter 20.88 20.93 (ERVOF R4e4+t-44V
Critical Areas Ordinance) are not considered developable.
Dwelling un#Unit means a room, or rooms within a dwelling, configured as
described herein and occupied or intended to be occupied by one family only as living
accommodations independent from any other family on a monthly or longer basis. A
dwelling unit shall be a separate area that includes:
1) a complete food preparation area containing a sink, a stove or range, a
refrigerator, and a countertop;
2) a bathroom containing a toilet, and a shower or bathtub; and
3) one or more sleeping rooms. For the purposes of this definition, a
separate area is an area having direct access to the exterior of the building or access
to the exterior via hallways, stairways, and elevators that are primarily
ingress/egress routes to the exterior rather than leading to common kitchens and
living areas.
Halfway House means a home for a group of people meeting the definition for a family
who have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or
antisocial or criminal conduct, and all of whom are living together as a siAgle#aMil single-
family unit.
Hearing Officer means the person, or chair of the board, before which a hearing is
being held. This can be the Community and Economic Development Director,the Chair of
the Planning Commission,the Hearing Examiner, or City Council.
Impact Fee means a payment of money imposed by the City upon development
activity as a condition of issuance of a permit to pay for public facilities needed to serve new
growth and development, and to mitigate the impacts of the development activity on the
capital facilities of the City, but does not include any permit or application fee.
Modular Home means a dwelling unit constructed in accordance with the standards
set forth in the ' 'Rife International Building Code applicable to site built homes and
composed of components substantially assembled in a manufacturing plant and
transported to the building site for final assembly on a permanent foundation. Among
other possibilities, a modular home may consist of two sections transported to the site in a
manner similar to a mobile home (except that the modular home meets requirements of
the Wn*feFFn International Building Code applicable to site built homes), or a series of panels
or room sections transported on a truck and erected or joined together on the site. Modular
home does not include a mobile home or manufactured home.
Occupied Space means an area enclosed or covered providing a ceiling height of
seven feet six inches=or more, intended for normal use by people on an occasional or
ORDINANCE NO. 2022-010 18
more frequent basis. Occupied space may include basements, cellars, penthouses, and
interior balconies or mezzanines if the space is intended for use or habitation.
Planning Official means the Director of the Department of Community and Economic
Development or his/her designee.
Plat, Final means the final drawing of the subdivision and dedication prepared
for filing for record with the county auditor and containing all elements and requirements
set forth in this title.
Plat, Preliminary, r-y She+4 means a neat and approximate drawing
of a proposed subdivision showing the general layout of streets and alleys, lots, blocks,
dedications, restrictive covenants, and other elements of a subdivision consistent with the
requirements of this title. The preliminary plat shall be the basis for the approval or
disapproval of the general layout of a subdivision.
Shoreline Master Program means the city's land supplemental use plan and
regulations for shorelines adopted pursuant to RCW 90.58.
Sign, Off Premises means a sign that draws attention to or communicates
information about a business, service, commodity, accommodation, attraction, or other
enterprise or activity that exists or is conducted, sold, offered, maintained, or provided at a
location other than the premises on which the sign is located. A sign that draws attention to
a cause or advocates or proclaims a political, religious, or other noncommercial message
shall also be an off-premises sign unless such sign is excluded from regulation under
§20.68.120 (Miscellaneous Restrictions and Prohibitions).
Sign Permit means a permit issued by the Building Official or Community and
Economic Development Director that authorizes the recipient to erect, move, enlarge, or
substantially alter a sign.
Special Use Permit means a permit issued by the Community and Economic
Development Director or the Hearing Examiner that authorizes the recipient to make use of
property in accordance with the requirements of this title as well as any additional
requirements imposed by the decision-making authority.
Street, Arterial(4-lane)-PXmeans a 4-lane (two driving lanes in both directions)
configuration of an arterial.
Street, Collector Arterial means a street whose principal function is to carry traffic
between minor, local, and sub-collector streets and arterial streets but that may also
provide direct access to abutting properties. It serves or is designed to serve, directly or
indirectly, more than 100 dwelling units and is designed to be used or is used to carry more
than 1,000 average trips per day.
Subdivision, Sher Minor means the division or re-division of land into nine or fewer
lots,tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of
ownership.
Traffic Generation; H1 8!uF means all es i" the 2.000 elassi ficatien (as listed in
the volume of vehicular traffic generated over a prescribed area within a prescribed time
frame which can be directly attributed to a particular development or geographic area.
Utility Facilities means any above ground structures or facilities (other than
buildings, unless such buildings are used as storage incidental to the operation of such
ORDINANCE NO. 2022-010 19
structures or facilities) owned by a governmental entity, a nonprofit organization, a
corporation, or any entity defined as a public utility for any purpose by RCW 80.04.015 and
used in connection with the production, generation, transmission, delivery, collection, or
storage of water, sewage, electricity, gas, oil, or electronic signals. Excepted from this
definition are utility lines and supporting structures listed in Subsection 20.60.450(e)
Underground Utilities).
Wholesale Sales means
;n the hWcinecc ec , elling the geed ^^gars the sale of goods, commodities, and
merchandise to retail distributors; to other wholesale distributors; to industrial,
commercial. institutional or professional business users; or acting as agents or brokers and
buying or selling goods commodities, and merchandise for incorporation and assembly into
other products.
Section 3. The following definitions shall be and hereby are deleted from Arlington
Municipal Code section 20.08.010:
chassis, and (iii) exceeds, 4Q_ feet in length and eight feet OR width
that Fn
r
IJFbaR DevelepmeRt that weFe iR e4eet at the time ef. cei.st-F-Wetie-R. ;-;.Aid- that satisfees each e
(1) The home has length t exceeding fetAF times its width;
T -�- �vrrn�rrivc-c�cccca n r�varcT���c� i n 1d i a�ci i,
her.-izen.ital run, and the Feef is finished with a type ef shiRgie that is
(2) The piteh ef the heme's reef has a rniRimum vertical rise Af Ane feet feF
ceyeFed OF PaiRted, but in Re ease exeeeding the Feflectivity of gloss white PaiRt)
r is installed home;F the
r
r
that rne
ciniteria neceSSaFy t9 qualify the house -as, -;; Class A mobile home.
ORDINANCE NO. 2022-010 20
stFu irei either meteriz
One lecatiOR OR a semi peFmaReRt basis, bUt rat-hp-F fOr uses that frequeRtly meve fFem eRe
nlaee+e ether
Shelrt Subdivision. See Subdivisien, .
Shert Plat See Plat DreliminaFy.
GeneFatiORi Lew Volume FqeaRS uses such et ,
'_PIiaREe steres, ete. that sell items, that aFe !aFge and bulky, that Reed a Felatively IaFge
arnlqelulpt Of steFage OF display aFea fer each unit effeelreedd feer sale, and that theFefeFe geReFate
less eusterneF tFaffie peF squaFe feet ef fle-e-F space thaR steFes sel!*Rg smaller items,
Section 4. Arlington Municipal Code section 20.08.020 shall be and hereby is
deleted in its entirety.
Section 5. 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 6. 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
��, -7
,. L ,'� �1
Barbara Tolbert, Mayor
ATTEST:
fly iz L �
Wendy Van [Yer Meersche, City Clerk
APPROVED AS TO FORM:
Ste en 1. if e, City Attorney
ORDINANCE NO. 2022-010 21
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. 2022-010 was approved at the October 17, 2022 City Council meeting.
ORDINANCE NO. 2022-010
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING CHAPTER 20.08 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING DEFINITIONS"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of October, 2022
Wendy Va Der Meersche
City Clerk for the City of Arlington