HomeMy WebLinkAboutOrdinance No. 2022-012 An Ordinance of the City of Arlington, Washington Amending Chapter 20.16 of the Arlington Municipal Code Regarding Zoning Permits and Land Division Approvals ORDINANCE NO. 2022-012
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.16 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING PERMITS AND LAND DIVISION APPROVALS
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
ORDINANCE NO. 2022-012 1
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. Arlington Municipal Code Chapter 20.16 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:
Wendy Van der Meersche, City Clerk
APPROVED AS TO FORM:
Steven J � le, City Attorney
ORDINANCE NO. 2022-012 2
EXHIBIT "A"
Chapter
PERMITS A A A FINAL I PLAT
T
APPROVAL
OV A T
e c o,.t:
�s
20.16.010 Permits Required.
Use, or Sale of rots Until 1]equi e*,to N„tl�ttn l
20.16.030 Who May Submit PefmitApplieations.
20.16.040 A,r,plieatio„s T,, Be C,,,,,,,lete-
. n,
20.16.060 Submittal of AppIiGatiGR
20.16.074 Vesting of Permits.
Permit-
20.16.090 DiStFibWiOn ofApplication.
70 1 ti 1 1 n Authorizing
ing Use e„• t'1,.eu,,..ne), Before Completion of De. pmeH!Hd n
20.16.130 Neighbor-hood Meetings for Conditional Use Permits Requif
20 1 ti 1:n Fife Marshal Approval Prior t issuanee of Permits.
20 1 ti 1 nn Spee;.,t Use o,,. 1 r�Permits,
20.16.150 Burden of Presenting r-,,,,idenee-; Bur-den of Persuasion.
20.16.160 Reeommendations on Speeial Use or-Conditional Use ).
rnlitApplicatio
.. ) S:
20.16.180 Community Development Direcior or Hearing "amineFAeti0f! On Special Use Permi
70 1ti ton A,1,1;t;onal Requirements Zoning, Special Use, and C. d:tional Use Permits.
e e
or Sale Before Compietion of Development Under Spe
Use vi=Conditional Use Darr. it..
Assigns.20.16.210 Completing Developments in Phases,
20.16.220 Expiration of Permits.
20.16.230 Eff-ee! of Permit on Sueeessors and
Permiis for Preliminary
Subdivisions-.
20.16.250 Amendments to and Modifications of Permil-!i,
70 16 2 70 A,,.,l;e t:,,,,.• ,o be nr„c..,ssed t~ur.od;tioust.,
20.16.294 Time Limit for- ResubmittingAdditional information.
20.16.290 Maintenanee of Common Areas,
ORDINANCE NO. 2022-012 3
Part Mir�or and Short Subdivisiom
20.16.320 No Subdivision Without Plat Appfoval,
20.16.3.10 20.16.300 Regulation of Subdivision+
20 16 311n v.,,..,t:,,,,., fc„ha
20.16.344 BoundaFy Line Adjustments.
20.16.350 Binding Site Plans.
20.16.360 Final Short or Majof Subdivision Plai Approval eess.
20 1 370 n„,1,,,-sem .,ts on ch,,,.t and na,,;,,,. Subdivision Plats.
20.1€.390 Pr .
.f Dedi,,,te 1 Areas Until Acceptanee.
20 1 ti 420 n 1ter- ti„„ f u:,..,,.•ded Final Platsor- Short Plat„
> Permitsng,
d-Agsigns
). . 1n 1 �2n iuffect „f n�„•.��il �t�- tt`_eessors apE�
20 1 ti 1 1 n i n.,th,,.•:..:., Use or Opetipappy Before Completion of Deyt �4���"t7�� ��„„1Y�u,•
fl�l''tttuc.rz�rrrrr�
UndeF Special Use or-Conditional Use Per-niiis n Inf•in Develnnmoront in Dha6es 2 2-
mmplo a Annli o}ig920 7 nl (Combining fining=H g With Those of Oiho.-
n„efieies20 1 ncn (Staff f GOnBefofe1} Chapter 20 3-1
Clete
(AH[} d Conditional Use
Perm (Applientions To Be Complete20.16.040 (Appliefitions To Be
Complete) (ApplientionsBe Complete20.16.049 (A-ppl}eslrtions To Be
Eem
Permits20.16.140 (Speeial Use Permits and Conditional Use Permits20.16.170 He g
ENaminer .ketion on Condotional-Use Pe.-m-A-10-1-6-140 (Speeial Use Permits and
Cond4tional Use Permits20.16.140(d) (Speeial Use Permits and Conditional Use Per-mots
7nzv 28.040-�Penalties an cen edies f,,,- Violations20 28 ncn (no.
veEttpaney. Use, or Sate F Lots Until R ,,.:. ,.,,o.,. Ful Eizing Use,
OeCklpaneV, OF Saie Before Comple'ion of Developtn der Spee;.,1 Use Conditional f Use
20.z -16.2 0 Completing DevelapmentDha,.es20 1 72n
Part M
Chapter 20.16
Pai4 4MaintenaRGe
ORDINANCE NO. 2022-012 4
Chapter 20.16
PERMITS AND LAND DIVISION
APPROVAL
Sections:
Part I. Permit Application Procedures
20.16.100 Permits Required.
20.16.110 Who May Submit Permit Applications.
20.16.120 Official Representative of the Applicant.
20.16.130 Staff Consultation Before Formal Application.
20.16.140 Submittal of Application.
20.16.150 Vesting of Permits.
20.16.160 Processing Multiple Permits.
20.16.170 Completing Development in Phases.
20.16.180 Applications to be Processed Expeditiously.
Part II. Permit Review Procedures
20.16.200 Applications To Be Complete.
20.16.205 Complete Application.
20.16.210 Burden of Presenting Evidence; Burden of Persuasion.
20.16.215 Distribution of Application.
20.16.220 Zoning Permits.
20.16.225 Special Use and Conditional Use Permits.
20.16.230 Notice of Application Filed.
20.16.235 Neighborhood Meeting for Conditional Use Permits Required.
20.16.240Time Limits for Resubmitting Additional Information.
20.16.245 Recommendations on Special Use or Conditional Use Permit Applications.
20.16.250 Community and Economic Development Director or Hearing Examiner Action on
Special Use Permits.
20.16.255 Hearing Examiner Action on Conditional Use Permits.
20.16.260 Additional Requirements on Zoning, Special Use, and Conditional Use Permits.
20.16.265 Fire Marshal Approval Prior to Issuance of Permits.
20.16.270 Time Limits for Permit Processing.
20.16.275 Notice of Final Decision.
20.16.280 Expiration of Permits.
Part III. Post Permit Requirements
20.16.300 Reconsideration of Permit-Issuing Authority's Action.
20.16.310 Appeal of Permits and Final Plats.
20.16.320 No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled.
20.16.330 Authorizing Use or Occupancy Before Completion of Development Under Zoning
Permit.
20.16.340 Authorizing Use, Occupancy, or Sale Before Completion of Development Under
Special Use or Conditional Use Permits.
20.16.350 Effect of Permit on Successors or Assigns.
ORDINANCE NO. 2022-012 5
20.16.360 Effect of Approval of Zoning or Conditional Use Permits for Preliminary Major or
Minor Subdivisions.
20.16.370 Amendments to and Modifications of Permits.
20.16.380 Maintenance of Common Areas, Improvements, and Facilities.
Part IV. Land Division Permits
20.16.400 Regulations of Major, Minor and Unit Lot Subdivisions.
20.16.405 Applicability.
20.16.410 No Subdivision Without Plat Approval.
20.16.415 Restrictions on Minor Subdivisions.
20.16.420 Vacations of Subdivisions.
20.16.425 Final Major or Minor Subdivision Approval Process.
20.16.430 Alteration of Recorded Final Major or Minor Subdivisions.
20.16.435 Major and Minor Binding Site Plans.
20.16.440 Boundary Line Adjustments.
20.16.445 Endorsements on Final Subdivisions and Binding Site Plans.
20.16.450 Subdivision and Binding Site Plan Acceptance of Easement and Dedication Offers.
20.16.455 Protection Against Defects.
20.16.460 Maintenance of Dedicated Areas Until Acceptance.
Part I. Permit Application Procedures
20.16.100 Permits Required.
(a) Subject to §20.68.010 (Permit Required for Signs), the use made of property may not be
substantially changed (see §20.40.070, Change in Use), and land clearing, grading, filling, or
excavation may not be commenced, and buildings or other substantial structures may not be
constructed,erected, moved,or substantially altered except in accordance with and pursuant
to one of the following permits:
(1) A zoning permit issued by the Community and Economic Development Director.
(2) A special use permit issued by the Community and Economic Development Director or
Hearing Examiner.
(3) A conditional use permit issued by the Hearing Examiner.
(b) Zoning permits, special use permits, conditional use permits, and sign permits are issued
under this title only when a review of the application submitted, includingthe plans contained
therein, indicates that the development will comply with the provisions of this title if
completed as proposed. Such plans and applications as are finally approved are incorporated
into any permit issued, and except as otherwise provided in §20.16.350 (Effect of Permit on
Successors or Assigns), all development shall occur strictly in accordance with such approved
plans and applications.
(c) Physical improvements to land to be subdivided may not be commenced except in
accordance with a conditional use permit issued by the Hearing Examiner for major
subdivisions or in accordance with a zoning permit issued by the Community and Economic
Development Director for minor subdivisions (see Part IV, Land Division Permits, of this
chapter).
ORDINANCE NO. 2022-012 6
A zoning permit, special use permit, conditional use permit, or sign permit shall be issued in the
name of the applicant (except those applications submitted by an agent shall be issued in the
name of the principal), shall identify the property involved and the proposed use, shall
incorporate by reference the plans submitted, and shall contain any special conditions or
requirements lawfully imposed by the permit-issuing authority. §20.16.350 (Effect of Permit on
Successors or Assigns).
20.16.110 Who May Submit Permit Applications.
(a) Applications for zoning, special use, conditional use, or sign permits or subdivision plat
approval will be accepted only from persons having the legal authority to take action in
accordance with the permit or the subdivision plat approval. By way of illustration, in general
this means that applications should be made by the owners or lessees of property, or their
agents, or persons who have contracted to purchase property contingent upon their ability
to acquire the necessary permits under this title, or the agents of such persons (who may
make application in the name of such owners, lessees, or contract vendees).
(b) The Community and Economic Development Director shall require an applicant to submit
evidence of his authority to submit the application in accordance with Subsection (a)
whenever there appears to be a reasonable basis for questioning this authority.
20.16.120 Official Representative of the Applicant.
The applicant for each land use permit shall designate an official representative, which may be
himself, to receive all correspondence, determinations, and notices regarding the application.
The City is not obligated to provide said correspondence, determinations, or notices to any other
representative of the applicant, or even the applicant himself if the official representative is
anyone other than himself, unless otherwise specified by this Title.
20.16.130 Staff Consultation Before Formal Application.
(a) Except as provided in Subsection (c), to minimize development planning costs, avoid
misunderstanding or misinterpretation, and ensure compliance with the requirements of this
title, a general information meeting and pre-application consultation between the developer
and the planning staff is encouraged as provided in this section.
(b) Before applying for a permit,the developer shall participate in a general information meeting
and/or pre-application meeting and present to the Community and Economic Development
Director a sketch plan of such subdivision, drawn approximately to scale (1 inch = 100 feet).
The sketch plan shall contain:
(1) The name and address of the developer,
(2) The proposed name and location of the subdivision,
(3) The approximate total acreage of the proposed subdivision,
(4) The tentative street and lot arrangement,
(5) Topographic lines, and
(6) Any other information the developer believes necessary to obtain the informal opinion of
the planning staff as to the proposed subdivision's compliance with the requirements of
this title.
The Community and Economic Development Director shall meet with the developer as soon
as conveniently possible to review the sketch plan.
(c) The Community and Economic Development Director may waive the requirement for a pre-
application meeting for minor projects that, in his opinion, do not warrant such a meeting.
ORDINANCE NO. 2022-012 7
20.16.140 Submittal of Application.
(a) Except as provided in subsection (d), to minimize development planning costs, avoid
misunderstanding or misinterpretations, and ensure compliance with the requirements of
this title, a submittal intake appointment is required between the developer and the
Community Development staff as provided in this section.
(b) Before submitting an application for a permit, the developer shall participate in a submittal
intake appointment and present to the Community Development staff all the elements
necessary for such application.
(c) Submittal appointments shall be scheduled at least one week prior to the submittal intake
appointment.
(d) The Community and Economic Development Director may waive the requirement for a
submittal intake appointment for minor projects that, in his/her opinion,do not warrant such
an appointment.
20.16.150 Vesting of Permits.
(a) Land use permit applications shall be considered vested on the date that an application is
deemed complete pursuant to §20.16.205 (Complete Application) and applications shall be
processed under the land use regulations in effect on that date. However, subsequent
permits on the same property are not vested on this date.
(b) Filing of a permit application does not vest the payment of fees. Fees due, including impact
mitigation fees, application fees, or other charges, shall be those fees in effect on the date
the fee is paid in accordance with the most current city council fee resolution.
20.16.160 Processing Multiple Permits.
(a) Whenever a proposed project requires more than one permit, or multiple permits, by this
Title, the entire application will be linked and processed simultaneously using the process
specified for the permit requiring the highest degree of review and decision-making.
(b) Where another agency with jurisdiction requires a public meeting or open record hearing as
a part of their permitting process, any public meetings or open record hearings required by
this Title may be combined with those of the other agency with jurisdiction provided that the
requirements of§20.24.014 (Combining Hearings With Those of Other Agencies) are met.
20.16.170 Completing Developments in Phases.
(a) If a development is constructed in phases or stages in accordance with this section, then,
subject to Subsection (c), the provisions of §20.16.320 (No Occupancy, Use, or Sale of Lots
Until Requirements Fulfilled) and §20.16.340 (Authorizing Use, Occupancy, or Sale Before
Completion of Development Under Special Use or Conditional Use Permits) shall apply to
each phase as if it were the entire development.
(b) As a prerequisite to taking advantage of the provisions of Subsection (a), the developer shall
submit plans that clearly show the various phases or stages of the proposed development
and the requirements of this title that will be satisfied with respect to each phase or stage.
(c) If a development that is to be built in phases or stages includes improvements that are
designed to relate to, benefit, or be used by the entire development (such as a swimming
pool or tennis courts in a residential development) then, as part of his application for
development approval, the developer shall submit a proposed schedule for completion of
such improvements. The schedule shall relate completion of such improvements to
completion of one or more phases or stages of the entire development. Once a schedule has
ORDINANCE NO. 2022-012 8
been approved and made part of the permit by the permit-issuing authority, no land may be
used, no buildings may be occupied,and no subdivision lots may be sold except in accordance
with the schedule approved as part of the permit, provided that:
(1) If the improvement is one required by this Title then the developer may utilize the
provisions of§20.16.340(a) or §20.16.340(c),
(2) If the improvement is an amenity not required by this title or is provided in response to a
condition imposed by the board, then the developer may use the provisions of
§20.16.340(b).
20.16.180 Applications to be Processed Expeditiously.
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the city shall make every reasonable effort to
process appeals and permit applications as expeditiously as possible, consistent with the need to
ensure that all development conforms to the requirements of this article.
Part II. Permit Review Procedures
20.16.200 Applications to Be Complete.
(a) All applications for zoning, special use, conditional use, or sign permits must be complete
before the permit-issuing authority is required to consider the application.
(b) Subject to Subsection (c), an application is complete when it contains all of the information
that is necessary for the permit-issuing authority to decide whether or not the development,
if completed as proposed, will comply with all of the requirements of this title, including a
Master Permit Application Form signed by both the applicant and the property owner.
Generally, an application will be considered complete if it contains all the elements of the list
of submission requirements (prepared by the Community and Economic Development
Director, as authorized in Subsection (e) and they substantially meet the City's standards for
such documents (i.e., they contain all the relevant sections, information, and analyses
typically required in such documents). This is not to say that errors in the documents or
differences of opinion shall constitute incompleteness; such issues may be worked out
through the review process or may constitute reasons for denial.
(c) In this title, detailed or technical design requirements and construction specifications relating
to various types of improvements (streets, sidewalks, etc.) are set forth in one or more of the
administratively adopted policies authorized by this title. It is not necessary that the
application contain the type of detailed construction drawings that would be necessary to
determine compliance with these appendices, so long as the plans provide sufficient
information to allow the permit-issuing authority to evaluate the application in the light of
the substantive requirements set forth in the text of this Title.
However, whenever this Title or a condition of a permit requires a certain element of a
development to be constructed in accordance with the detailed requirements set forth in one
or more of these administratively adopted polices or other specified standards, then no
construction work on such element may be commenced until detailed construction drawings
have been submitted to and approved by the Public Works Director. Failure to observe this
requirement may result in permit revocation, denial of final subdivision plat approval, or
other penalty as provided in §20.28 (Enforcement and Review).
ORDINANCE NO. 2022-012 9
(d) The presumption established by this title is that all the information set forth in the
administrative guideline specifying the information required with applications is necessary to
satisfy the requirements of this section. However, it is recognized that each development is
unique, and therefore the permit-issuing authority may allow less information or require
more information to be submitted according to the needs of the particular case. Generally,
the applicant may rely on the recommendations of the Community and Economic
Development Director as to whether more or less information than that set forth in the
administrative guideline entitled "Information Required with Applications" should be
submitted; however, the permit-issuing authority reserves the right to require more
information if needed to make a decision.
(e) The Community and Economic Development Director shall develop application forms, a list
of submission requirements, instructional sheets, checklists, or other techniques or devices
to assist applicants in understanding the application requirements and the form and type of
information that must be submitted. In classes of cases where a minimal amount of
information is necessary to enable the Community and Economic Development Director to
determine compliance with this title, such as applications for zoning permits to construct
single-family or two-family houses, or applications for sign permits, the Community and
Economic Development Director shall develop standard forms that will expedite the
submission of the necessary plans and other required information.
20.16.205 Complete Application.
(a) Upon receipt of a formal application for a zoning, special use, or conditional use permit, or
plat approval, the Community and Economic Development Director shall review the
application and, at his discretion, confer with the applicant to ensure that the planning staff's
interpretation of the applicable requirements of this title is understood, that he has
submitted all of the information that he intends to submit, and that the application
represents precisely and completely what he proposes to do.
(b) The Community and Economic Development Director will process the permit application
concurrently with the SEPA process.
(c) Within twenty-eight (28) days after receiving a permit application, the Community and
Economic Development Director shall mail or provide in person a written determination to
the applicant, stating either:
(1) That the application is complete; or,
(2) That the application is incomplete and what is necessary to make the application
complete. To the extent known, the Community and Economic Development Director
shall identify other agencies of local, state, or federal governments that may have
jurisdiction over some aspect of the application.
(d) The application is deemed complete if the City does not provide a written determination to
the applicant that the application is incomplete as provided in Subsection (c).
(e) Within fourteen days after an applicant has submitted to the Community and Economic
Development Directorthe additional information identified as being necessary for a complete
application, the Community and Economic Development Director shall notify the applicant
whether the application is complete or what additional information is necessary.
ORDINANCE NO. 2022-012 10
20.16.210 Burden of Presenting Evidence; Burden of Persuasion.
(a) The burden of presenting a complete application (as described in §20.16.200,Applications To
Be Complete) to the permit-issuing authority shall be upon the applicant. However, unless
prior to the time that a decision is made the permit-issuing authority informs the applicant in
what way the application is incomplete and offers the applicant an opportunity to complete
the application, the application shall be presumed to be complete.
(b) Once a completed application has been submitted,the burden of presenting evidence to the
permit-issuing authority sufficient to lead it to conclude that the application should be denied
for any reasons stated in §20.16.225 (Special Use Permits and Conditional Use Permits) shall
be upon the party or parties urging this position, unless the information presented by the
applicant in his application and at the public hearing is sufficient to justify a reasonable
conclusion that a reason exists to so deny the application.
(c) The burden of persuasion on the issue of whether the development, if completed as
proposed,will comply with the requirements of this title remains at all times on the applicant.
20.16.215 Distribution of Application.
Upon receipt of a special use or conditional use permit application, the Planning Official shall, in
addition to all interested City Departments, send a copy of the application to the authorities and
agencies reviewing or furnishing water, fire, school, and sanitary sewer service to the proposed
project.
20.16.220 Zoning Permits.
(a) A completed application form for a zoning permit shall be submitted to the Community and
Economic Development Director by filing a copy of the application with the planning
department.
(b) The Community and Economic Development Director shall issue the zoning permit unless he
finds, after reviewing the application and consulting with the applicant as provided in
§20.16.130 (Staff Consultation Before Formal Application), that:
(1) The requested permit is not within his jurisdiction according to the Table of Permissible
Uses, or
(2) The application is incomplete, or
(3) If completed as proposed in the application, the development will not comply with one
or more requirements of this title (not including those requirements concerning which a
variance has been granted or those the applicant is not required to comply with under
the circumstances specified in §20.32, Nonconforming Situations), or
(4) The proposed project has not complied with SEPA, or
(5) The proposed project is not in conformance with the Comprehensive Plan or other
adopted plans, regulations, or policies.
(c) In considering the permit application, the Community and Economic Development Director
shall not consider the following issues, which have already been decided by the City Council
through their previous actions of adopting the Comprehensive Plan and Land Use Code:
(1) Whether the proposed use, if identified by §20.40 Permissible Uses as a permissible use
in the zoning district, should be a permissible use;
(2) Whether the proposed residential densities, if identified by §20.48 Density and
Dimensional Regulations) as a permissible density in the zoning district, should be
allowed;
ORDINANCE NO. 2022-012 11
(3) Whether public facilities identified in the Comprehensive Plan are available and adequate,
if the plan or development regulations provide for funding of these facilities as required
by 36.70A RCW.
(d) Except as specified in Subsection 0, if the Community and Economic Development Director
decides that if it would be in the best interest of the project and/or community to provide
notice of the project, he shall, at least ten days before taking final action on the permit
request, send a written notice to those persons who have listed for taxation real property any
portion of which is within 500 feet of the lot that is the subject of the application, informing
them that:
(1) An application has been filed for a permit authorizing identified property to be used in a
specified way,
(2) All persons wishing to comment on the application should contact the Community and
Economic Development Director by a certain date, and
(3) Persons wishing to be informed of the outcome of the application should send a written
request for such notification to the Community and Economic Development Director.
(e) In the case of zoning permits for minor subdivisions,the Community and Economic
Development Director shall always issue public notice as described in Subsection (d).
20.16.225 Special Use Permits and Conditional Use Permits.
(a) An application for a special use permit shall be submitted to the Community and Economic
Development Director or Hearing Examiner, whomever shall be the decision-maker as per
subsection (b), by filing a copy of the application with the Community and Economic
Development Director in the planning department. An application for a conditional use
permit shall be submitted to the Hearing Examiner by filing a copy of the application with the
Community and Economic Development Director in the planning department.
(b) Decisions on special use permits are:
(1) Made bythe Community and Economic Development Director unless any interested party
requests a hearing before the Hearing Examiner by the close of the review period of the
Notice of Application Filed, required per§20.16.230 (Notice of Application Filed).
(2) Made by the Hearing Examiner if a hearing is requested, in which case the Community
and Economic Development Director shall forward the Special Use Permit application to
said board for their consideration.
(c) Subject to Subsection (d), the designated decision-maker shall issue the requested permit
unless it concludes, based upon the information submitted at a hearing if there is a hearing
or by signed letter if there is not, that:
(1) The requested permit is not within its jurisdiction according to the Table of Permissible
Uses, or
(2) The application is incomplete, or
(3) If completed as proposed in the application, the development will not comply with one
or more requirements of this Title (not including those the applicant is not required to
comply with under the circumstances specified in §20.32, (Nonconforming Situations), or
(4) The proposed project has not complied with SEPA, or
(5) The proposed project is not in conformance with the Comprehensive Plan,Transportation
Plan, or other adopted plans, regulations, or policies.
ORDINANCE NO. 2022-012 12
(d) Even if the permit-issuing authority finds that the application complies with all other
provisions of this title, it may still deny the permit if it concludes, based upon the information
submitted at the hearing, that if completed as proposed, the development, more probably
than not:
(1) Will materially endanger the public health or safety, or
(2) Will materially harm adjoining or abutting property,
(3) In terms of design and use will not be compatible with the area in which it is located.
(e) In considering the permit application, the Community and Economic Development Director
or Hearing Examiner shall not consider the following issues,which have already been decided
by the City Council through their previous actions of adopting the Comprehensive Plan and
Land Use Code:
(1) Whether the proposed use, if identified by§20.40. (Permissible Uses)as a permissible use
in the zoning district, should be a permissible use;
(2) Whether the proposed residential densities, if identified by §20.48. (Density and
Dimensional Regulations) as a permissible density in the zoning district, should be
allowed;
(3) Whether public facilities identified in the Comprehensive Plan are available and adequate,
if the plan or development regulations provide for funding of these facilities as required
by 36.70A RCW.
20.16.230 Notice of Application Filed.
(a) The Community and Economic Development Director shall give public notice of any
application filed for a special or conditional use permit or a variance by issuing, distributing,
and advertising a "Notice of Application Filed" as follows:
(1) Notice shall be given to the appellant or applicant and any other person who makes a
written request for such notice by mailing to such persons a written notice not later than
fourteen days after the determination of complete application has been made per
§20.16.205 (Complete Application).
(2) Notice shall be given to neighboring property owners by mailing a written "Notice of
Application Filed" within fourteen days after the determination of complete application
has been made per §20.16.205 (Complete Application) to those persons who have listed
for taxation real property any portion of which is located within five hundred feet of the
lot that is the subject of the application or appeal or, where the owner of the subject
parcel owns other contiguous lots not under application, within five hundred feet of all
contiguously owned lots.
(3) A copy will be posted on the official notification boards of the City.
(4) A copy will be posted on the City's website on the public notice page.
(5) A copy will be sent to appropriate city or county officials if the proposed project adjoins
their jurisdiction or has potential impacts on their capital improvements or services.
(6) A copy will be sent to the State Department of Transportation if the proposed project is
adjacent to the right-of-way of a state highway or has potential impacts on their facilities
or Level of Service.
(7) A copy will be sent to all other agencies with jurisdiction.
ORDINANCE NO. 2022-012 13
(8) Notice shall be given to other potentially interested persons by publishing a notice one
time in a newspaper having general circulation in the area.
(9) The applicant shall erect public notice signs, of a format approved by the Community and
Economic Development Director, as soon as possible after the determination of complete
application has been made per§20.16.205 (Complete Application) as follows:
(A) A copy of the notice described in Subsection (10) shall be attached to each sign.
(B) One sign shall be erected on the subject property facing and readable from each
accessible public right-of-way adjacent to the subject property.
(10) The notice required by this section shall provide the following information:
(A) The date of application, the date of issuance of the "Notice of Complete
Application," and the date of issuance of the "Notice of Application Filed."
(B) The date,time,and place of any neighborhood meeting held pursuant to§20.16.235
(Neighborhood Meetings for Conditional Use Permits Required);
(C) Any person's right to request a hearing on the matter, with an explanation that the
decision is administrative (made by the Community and Economic Development
Director) unless a hearing is requested as per §20.16.225 (Special Use Permits and
Conditional Use Permits);
(D) Reasonable identification of the lot that is the subject of the application or appeal
(give the street address of the property, or if this is not available, a locational
description in non-legal language);
(E) A brief description of the action requested or proposed, including the number of
lots proposed for a subdivision, and any proposed modifications or variances;
(F) A list of all permits required in the application;
(G) The name of the applicant and the proposed project;
(H) The official file number and a statement of its availability for review, including any
existing studies, environmental documents,or other material related to the project;
(1) If applicable, a list of any studies requested;
(J) A list of other permits required by other agencies with jurisdiction, to the extent
known by the City;
(K) A statement of the right of any person to submit written testimony to the
appropriate permit-issuing authority and to appear at any public meeting or hearing
on the project to give testimony orally;
(L) The dates of the public comment period;
(M) A statement of the right of any person to receive notice of and participate in any
hearings and request a copy of the decision once made;
(N) An explanation of appeal rights and procedure;
(0) The date, time, place and type of hearing if any hearing has been scheduled at the
time;
(P) A statement of any preliminary determination, if one has been made, of those
development regulations that will be used for project mitigation and of
consistency; and,
(Q) A statement announcing the City's goal of complying with the intent of the
American Disabilities Act, announcing accessibility, offer of assistance to persons
with special needs, and availability of TDD services.
ORDINANCE NO. 2022-012 14
(b) If the Responsible Official issues a Determination of Significance on the project concurrently
with the notice of application, then the notice of application shall be combined with the
Notice of Determination of Significance and EIS Scoping Notice.
(c) The public shall have fourteen days in which to make comments on the application regarding
the completeness of the application, the quality or quantity of the information presented,
the project's conformance to applicable plans or code, and, in the case of a variance or Special
Use Permit,the request for a public hearing. Where a public hearing is required or requested,
comments addressing the project's conformance to applicable plans or code will continue to
be accepted until the close of the public hearing.
20.16.235 Neighborhood Meetings for Conditional Use Permits Required.
(a) All applications for conditional use permits shall be publicly scoped through a public
neighborhood meeting. Upon receiving an application for a conditional use permit the
Community and Economic Development Director shall schedule a scoping meeting to occur
within one month of receipt but should be held at the earliest time possible while allowing
for adequate noticing as per Subsection (c).
(b) Neighborhood meetings shall generally be held between five and six thirty PM just prior to a
scheduled Planning Commission meeting unless circumstances require otherwise.
(c) A "Notice of Application Filed" shall be distributed and advertised per §20.16.230 (Notice of
Application Filed).
(d) The intent of neighborhood meetings shall be to involve the public as early as possible in the
permit process, so that potential issues are raised at the beginning, rather than the end, of
the permit process and that solutions may be found during the process. To this end, the
meeting shall be an informal gathering of interested parties, at which (i) a brief presentation
of the project shall be made by the applicant (or the Community and Economic Development
Director if the applicant is not present); (ii) the Community and Economic Development
Director will raise any potential issues; and (iii) any participant may raise any potential issues
relevant to the project. Solutions to any potential problems need not be found at this point
but may be discussed. The Community and Economic Development Director shall take notes
of the issues raised in the neighborhood meeting and place a record of them in the official
file of the project.
(e) Participation or lack of participation in a neighborhood meeting in no way limits an
applicant's, the City's, or any other person's standing to participate in later processes or
required hearings on the permit application.
20.16.240 Time Limit for Resubmitting Additional Information.
If while processing a permit the Community and Economic Development Director or hearing body
requests additional information or revised plans necessary to continue processing the permit or
for determining consistency with this Title,the applicant shall submit such information or revised
plans within sixty days of the request. An extension of this deadline may be granted by the
requesting authority if it is determined that the time is not adequate given the information
requested.
ORDINANCE NO. 2022-012 15
20.16.245 Recommendations on Special Use or Conditional Use Permit Applications.
(a) when presented to the Community and Economic Development Director for an
administrative decision or to the Hearing Examiner at a hearing, the application for a special
use or conditional use permit shall be accompanied by a report setting forth:
(1) The planning staff's proposed findings concerning the application's compliance with
§20.16.200 (Applications To Be Complete) and the other requirements of this title,
(2) All decisions and recommendations made as of the date of the report on all project
permits included in the consolidated permit process that do not require an open record
pre-decision hearing,
(3) A statement referencing the Responsible Official's Threshold Determination,
(4) Any mitigation required or proposed under the City's SEPA authority,
(5) As well as any staff recommendations for additional requirements to be imposed by the
permit-issuing authority.
(b) The report may be the land use permit.
(c) If the staff proposes a finding or conclusion that the application fails to comply with
§20.16.200 (Applications To Be Complete) or any other requirement of this title, it shall
identify the requirement in question and specifically state supporting reasons for the
proposed findings or conclusions.
(d) The permit-issuing authority may, by general rule applicable to all cases or any class of cases,
or on a case-by-case basis, refer applications to the next higher decision-making level to
obtain its recommendations.
20.16.250 Community and Economic Development Director or Hearing Examiner Action on
Special Use Permits.
In considering whether to approve an application for a special use permit, the Community and
Economic Development Director or Hearing Examiner, whichever is the appropriate permit-
issuing authority per§20.16.225 (Special Use Permits and Conditional Use Permits), shall proceed
in the same manner as the Hearing Examiner when considering conditional use permit
applications §20.16.255 (Hearing Examiner Action on Conditional Use Permits).
(a) The permit-issuing authority shall consider whether the application is complete. If the permit-
issuing authority concludes that the application is incomplete and the applicant refuses to
provide the necessary information, the application shall be denied. A finding to this effect
shall specify either the particular type of information lacking or the particular requirement
with respect to which the application is incomplete. If a finding to this effect is not made this
shall be taken as an affirmative finding by the permit-issuing authority that the application is
complete.
(b) The permit-issuing authority shall consider whether the application complies with all of the
applicable requirements of this title. If a finding to this effect is made, the permit-issuing
authority need not make further findings concerning such requirements. If such a finding is
not made, then a finding shall be made that the application is not in compliance with one or
more requirements of this title. Such a finding shall specify the particular requirements the
application fails to meet. A separate finding may be made with respect to each requirement
not met by the application. It shall be conclusively presumed that the application complies
with all requirements not found by the permit-issuing authority to be unsatisfied through this
ORDINANCE NO. 2022-012 16
process. As provided in §20.16.225 (Special Use Permits and Conditional Use Permits), if the
permit-issuing authority concludes that the application fails to meet one or more of the
requirements of this title, the application shall be denied.
(c) In response to concerns expressed by the permit-issuing authority, planning staff, or public
testimony,the applicant may modify his application duringthe hearing,and the planning staff
may likewise revise its recommendations. If a project is modified in such a manner as to make
the proposed use more intense,then the project shall be denied without prejudice and a new
application shall be filed. The new application shall conform to the standards and procedures
of this Title.
(d) If the permit-issuing authority concludes that all such requirements are met, it shall issue the
permit unless it makes a finding to deny the application for one or more of the reasons set
forth in Subsection 20.16.225 (d) (Special Use Permits and Conditional Use Permits). If the
application is denied for such reasons, the permit-issuing authority shall make specific
findings, based upon the evidence submitted,justifying such a conclusion.
20.16.255 Hearing Examiner Action on Conditional Use Permits.
(a) When presented to the Hearing Examiner, the application for a conditional use permit shall
be accompanied by a report setting forth the planning staff's proposed findings concerning
the application's compliance with §20.16.200 (Applications To Be Complete) and other
requirements of this title, as well as any staff recommendations for additional requirements
to be imposed by the Hearing Examiner.
(b) If the staff proposes a finding or conclusion that the application fails to comply with
§20.16.200 (Applications To Be Complete) or any other requirement of this title, it shall
identify the requirement in question and specifically state supporting reasons for the
proposed findings or conclusions.
(c) The Hearing Examiner shall consider the application and the attached staff report in a timely
fashion and hear from the applicant or interested members of the public. (Notice to the
adjoining property owners is provided for in §20.24.020 Public Notice.)The Hearing Examiner,
at his discretion, may limit testimony in duration and/or number of times.
(d) In response to concerns expressed by the Hearing Examiner, planning staff, or public
testimony,the applicant may modify his application during the hearing,and the planning staff
may likewise revise its recommendations. If a project is modified in such a manner as to make
the proposed use more intense,then the project shall be denied without prejudice and a new
application shall be filed. The new application shall conform to the standards and procedures
of this Title.
(e) In considering whether to approve an application for a conditional use permit, the Hearing
Examiner shall proceed according to the following format:
(1) The Hearing Examiner shall consider whether the application is complete. If no evidence
is presented that the application is incomplete (specifying either the particular type of
information lacking or the particular requirement with respect to which the application is
incomplete) then this shall be taken as an affirmative finding by the Hearing Examiner
that the application is complete.
(2) The Hearing Examiner shall consider whether the application complies with all of the
applicable requirements of this title. If a finding to this effect can be made, the Hearing
ORDINANCE NO. 2022-012 17
Examiner need not make further findings concerning such requirements. If such a finding
cannot be made, then a finding shall be made that the application be found not in
compliance with one or more of the requirements of this title. Such a finding shall specify
the particular requirements the application fails to meet. Separate findings may be made
with respect to each requirement not met by the application. It shall be conclusively
presumed that the application complies with all requirements not found by the Hearing
Examiner to be unsatisfied through this process.
(3) If the Hearing Examiner concludes that the application fails to comply with one or more
requirements of this title, the application shall be denied. If the Hearing Examiner
concludes that all such requirements are met, he shall issue the permit unless he denies
the application for one or more of the reasons set forth in §20.16.225 (Special Use Permits
and Conditional Use Permits). Specific findings for such a denial must be made, based
upon the evidence submitted,justifying such a conclusion.
20.16.260 Additional Requirements on Zoning, Special Use, and Conditional Use Permits.
(a) Subject to Subsection (b), in granting a zoning, special, or conditional use permit, the
Community and Economic Development Director or Hearing Examiner, respectively, may
attach to the permit such reasonable requirements in addition to those specified in this title
as will ensure that the development in its proposed location:
(1) Will not endanger the public health or safety,
(2) Will not materially harm adjoining or abutting property,
(3) In terms of design and use will be compatible with the area in which it is located, and
(4) Will be in conformity with the land-use plan, transportation plan, or other plan officially
adopted by the council.
Such reasonable requirements need not be specifically authorized by other Chapters of the
AMC but do need to address specifically identified, project-related impacts.
(b) The permit-issuing authority may not attach additional conditions that modify or alter the
specific requirements set forth in this code unless the development in question presents
extraordinary circumstances that justify the variation from the specified requirements.
(c) Without limiting the foregoing, the permit-issuing authority may attach to a permit a
condition limiting the permit to a specified duration.
(d) All additional conditions or requirements shall be entered on the permit.
(e) All additional conditions or requirements authorized by this section are enforceable in the
same manner and to the same extent as any other applicable requirement of this title.
20.16.265 Fire Marshal Approval Prior to Issuance of Permits.
No zoning,special use,or conditional use permit shall receive final approval until the Fire Marshal
has verified that the provisions of AMC Title 15 are satisfied.
20.16.270 Time Limits for Permit Processing.
(a) Except as otherwise provided in Subsection (b)of this section,the City shall issue its notice of
final decision on a permit application within one hundred twenty (120) days after the
ORDINANCE NO. 2022-012 18
Community and Economic Development Director notifies the applicant that the application
is complete, as provided in §20.16.205 (Complete Application). In determining the number of
days that have elapsed, the following periods shall be excluded:
(1) Any period during which the applicant has been requested to correct plans, perform
required studies, or provide additional required information. The period shall be
calculated from the date the Community and Economic Development Director notifies
the applicant of the need for additional information until the earlier of the date the
Community and Economic Development Director determines whether the additional
information satisfies the request for information or fourteen (14) days after the date the
information has been provided. If the Community and Economic Development Director
determines that the information submitted by the applicant is insufficient, he shall notify
the applicant of the deficiencies and these procedures shall apply as if a new request for
studies had been made;
(2) Any period during which an environmental impact statement (EIS) is being prepared
following a determination of significance (DS) pursuant to the State Environmental
Protection Act (SEPA);
(3) Any period for administrative appeals of project permits;
(4) Any extension of time mutually agreed upon by the applicant and the local government.
(b) The time limits established by Subsection (a) do not apply if a permit application:
(1) Requires an amendment to the Comprehensive Plan or a development regulation;
(2) Requires approval of a new fully contained community as provided in RCW 36.70A.350, a
master planned resort as provided in RCW 36.70A.360, or the siting of an essential public
facility as provided in RCW 36.70A.200; or,
(3) Is substantially revised by the applicant, in which case the time period shall start from the
date at which the revised project application is determined to be complete.
(c) If the City is unable to issue its final decision within the time limits provided herein, the
Community and Economic Development Director shall provide written notice of this fact to
the project applicant.The notice shall include a statement of reasons why the time limits have
not been met and an estimated date for issuance of the notice of final decision.
(d) The City is not liable for damages under this chapter due to the City's failure to make a final
decision within the above time limits.
20.16.275 Notice of Final Decisions.
(a) Following the completion of any hearing, procedure, or administrative decision, the permit
application shall be approved, approved with conditions, remanded, or denied and a written
notice of decision shall be issued within five calendar days.The notice of decision shall include
the final determination of approval or denial of the project, a statement of any threshold
determination made under SEPA, and the procedure to appeal the notice of decision.
(1) For Zoning Permit applications, a published notice of decision is not required. However, a
memorandum or completed project checklist shall be placed in the permit file containing
findings describing how the application was consistent/inconsistent with applicable
zoning regulations and development standards.
ORDINANCE NO. 2022-012 19
(2) For Special Use Permit and Conditional Use Permit applications, a notice of decision shall
be mailed or emailed to all parties of record, which shall include the applicant and each
person who participated in the public hearing or who submitted comments during the
public comment period at any time prior to the issuance of the decision. The notice of
decision shall be posted on the city's website under public notices.
(b) The notice of decision shall be attached and included with the Community and Economic
Development Director's permit decision or the Hearing Examiner's decision.
(c) If the city is unable to issue its notice of decision within the allotted time frame, it shall
provide written notice to the project applicant including the reasons the time limits have not
been met and an estimated date for issuance of the notice of decision. The time limits
established in this chapter do not apply if a permit application requires:
(1) An amendment to the Comprehensive Plan or development regulations; or
(2) Substantial revisions by the applicant, in which case the time period shall start from the
date at which the revised project application is determined to be complete.
20.16.280 Expiration of Permits.
(a) Zoning (other than for preliminary minor plats), special use, conditional use (other than for
preliminary major plats), and sign permits shall expire automatically if, within two years after
the issuance of such permits:
(1) The use authorized by such permits has not commenced, in circumstances where no
substantial construction, erection, alteration, excavation, demolition, or similar work is
necessary before commencement of such use, or
(2) Less than ten percent of the total cost of all construction,erection, alteration, excavation,
demolition, or similar work on any development authorized by such permits has been
completed on the site. With respect to phased development(see §20.16.170, Completing
Developments in Phases), this requirement shall apply only to the first phase.
(b) Zoning permits for preliminary minor plats or conditional use permits for major plats shall
expire automatically if, within five years after the issuance of such permits:
(1) The plat has not been submitted for final plat, or
(2) A one-year extension has not been granted per Subsection (e).
(c) If, after some physical alteration to land or structures begins to take place, such work is
discontinued for a period of one year, then the permit authorizing such work shall
immediately expire. However, expiration of the permit shall not affect the provisions of
§20.16.350 (Effect of Permit on Successors and Assigns).
(d) For zoning, special use, conditional use other than for preliminary minor or major
subdivisions, and sign permits the permit-issuing authority may extend for a period up to
twelve months the date when a permit would otherwise expire pursuant to Subsections (a)
or (b) if it concludes that (i) the request was delivered in writing to the Planning Department
at least thirty(30) calendar days prior to the permit's expiration date, (ii)the permit recipient
has proceeded with due diligence and in good faith, and (iii) conditions have not changed so
substantially as to warrant a new application. Successive extensions may be granted for
periods up to twelve months upon the same findings. All such extensions may be granted
without resort to the formal processes and fees required for a new permit, though a fee may
be set by resolution for the processing of extensions.
ORDINANCE NO. 2022-012 20
(e) For permits for preliminary minor or major subdivisions the permit-issuing authority may
extend for a period of 1 year from the date when a permit would otherwise expire pursuant
to Subsections (a) or (b) if it concludes that (i) the request was delivered in writing to the
Planning Department at least thirty calendar days prior to the permit's expiration, (ii) the
permit recipient has proceeded with due diligence and in good faith, and (iii) conditions have
not changed so substantially as to warrant a new application. Successive extensions may not
be granted. All such extensions may be granted without resort to the formal processes and
fees required for a new permit, though a fee may be set by resolution for the processing of
extensions. Once a permit for a minor or major subdivision expires the subdivision may not
be finaled and/or recorded.
(f) For purposes of this section, the permit within the jurisdiction of the Hearing Examiner is
issued when he decides to approve the application and issue the permit. A permit within the
jurisdiction of the Community and Economic Development Director is issued when the earlier
of the following takes place:
(1) A copy of the fully executed permit is delivered to the permit recipient, and delivery is
accomplished when the permit is hand-delivered or mailed to the permit applicant; or
(2) The Community and Economic Development Director notifies the permit applicant that
the application has been approved and that all that remains before a fully executed
permit can be delivered is for the applicant to take certain specified actions.
(g) Notwithstanding any of the provisions of §20.32 (Nonconforming Situations), this section
shall be applicable to permits issued prior to the date this section becomes effective.
Part III. Post Permit Requirements
20.16.300 Reconsideration of Permit-Issuing Authority's Action.
(a) Except as pursuant to Subsection (b), whenever (i) the Hearing Examiner disapproves a
conditional use permit application, or (ii) the Community and Economic Development
Director or Hearing Examiner disapproves an application for a special use permit or a
variance, on any basis other than the failure of the applicant to submit a complete
application, such action may not be reconsidered by the respective permit-issuing authority
at a later time unless the applicant clearly demonstrates that:
(1) Circumstances affecting the property that is the subject of the application have
substantially changed, or
(2) New information is available that could not with reasonable diligence have been
presented at a previous hearing.
(b) Whenever the permit-issuing authority approves or disapproves a permit application or
variance the respective permit-issuing authority may reconsider such action if either the
applicant or a party of record clearly demonstrates that in the written decision for the permit
or variance either a finding of fact or testimony has been incorrectly recorded.
(c) A request to be heard for reconsideration on this basis must be filed with the Community and
Economic Development Director within the time period for an appeal to superior court (see
§20.28.060, Judicial Review). However, such a request does not extend the period within
which an appeal must be taken.
ORDINANCE NO. 2022-012 21
(d) Notwithstanding Subsection (a), the Hearing Examiner or Community and Economic
Development Director may at any time consider a new application affecting the same
property as an application previously denied. A new application is one that differs in some
substantial way from the one previously considered.
20.16.310 Appeal of Permits and Final Plats.
(a) The action of the community and economic development director in granting or denying a
permit or final plat may be reviewed for unlawful, arbitrary, capricious, or corrupt action to
the hearing examiner. The petition for review must be filed within fourteen calendar days of
the notice of final decision issued by the city (see §20.24 Appeals).
(b) The action of the hearing examiner in granting or denying a special use or conditional use
permit may be reviewed for unlawful, arbitrary, capricious, or corrupt action to Snohomish
County Superior Court.The petition for review must be filed within twenty-one calendar days
of the notice of final decision issued by the city (see §20.24 Appeals).
20.16.320 No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled.
Issuance of a conditional use, special use,or zoning permit authorizes the recipient to commence
the activity resulting in a change in use of the land or (subject to obtaining a building permit) to
commence work designed to construct, erect, move, or substantially alter buildings or other
substantial structures or to make necessary improvements to a subdivision. However, except as
provided in §20.16.330 (Authorizing Use or Occupancy Before Completion of Development Under
Zoning Permit), §20.16.340 (Authorizing Use, Occupancy, or Sale Before Completion of
Development Under Special Use or Conditional Use Permits), and §20.16.170 (Completing
Developments in Phases), the intended use may not be commenced, no building may be
occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this
title and all additional requirements imposed pursuant to the issuance of a conditional use or
special use permit have been complied with.
20.16.330 Authorizing Use or Occupancy Before Completion of Development Under Zoning
Permit.
In cases when, because of weather conditions or other factors beyond the control of the zoning
permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning
permit recipient to comply with all of the requirements of this title prior to commencing the
intended use of the property or occupying any buildings, the Community and Economic
Development Director may authorize the commencement of the intended use or the occupancy
of buildings (insofar as the requirements of this title are concerned) if the permit recipient
provides a performance bond or other security satisfactory to the Community and Economic
Development Director to ensure that all of the requirements of this title will be fulfilled within a
reasonable period (not to exceed twelve months) determined by the Community and Economic
Development Director.
ORDINANCE NO. 2022-012 22
20.16.340 Authorizing Use. Occupancy, or Sale Before Completion of Development Under
Special Use or Conditional Use Permits.
(a) In cases when, because of weather conditions or other factors beyond the control of the
special use or conditional use permit recipient (exclusive of financial hardship) it would be
extremely unreasonable to require the permit recipient to comply with all of the
requirements of this title before commencing the intended use of the property or occupying
any buildings or selling lots in a subdivision, the Community and Economic Development
Director, in consultation with the Public Works Director and building official, may authorize
the commencement of the intended use or the occupancy of buildings or the sale of
subdivision lots (but, in the case of subdivisions, not before the subdivision is finaled and
recorded) (insofar as the requirements of this title are concerned) if the permit recipient
provides a performance bond or other security satisfactory to the board to ensure that all of
these requirements will be fulfilled within a reasonable period (not to exceed twelve months).
(b) When the permit issuing authority imposes additional requirements upon the permit
recipient in accordance with §20.16.260 (Additional Requirements on Zoning, Special Use,
and Conditional Use Permits) or when the developer proposes in the plans submitted to
install amenities beyond those required by this title, the Community and Economic
Development Director, in consultation with the Public Works Director and building official,
may authorize the permittee to commence the intended use of the property or to occupy any
building or to sell any subdivision lots before the additional requirements are fulfilled or the
amenities installed (but, in the case of subdivisions, not before the subdivision is finaled and
recorded) if it specifies a date by which or a schedule according to which such requirements
must be met or each amenity installed and if it concludes that compliance will be ensured as
the result of any one or more of the following:
(1) A performance bond or other security satisfactory to the Community and Economic
Development Director is furnished,
(2) A condition is imposed establishing an automatic expiration date on the permit, thereby
ensuring that the permit recipient's compliance will be reviewed when application for
renewal is made,
(3) The nature of the requirements or amenities is such that sufficient assurance of
compliance is given by§20.28.040(Penalties and Remedies for Violations)and §20.28.050
(Permit Revocation).
(c) With respect to subdivisions in which the developer is selling only undeveloped lots, the
council may authorize final plat approval and the sale of lots before all the requirements of
this title are fulfilled if the subdivide provides a performance bond or other security
satisfactory to the council to ensure that all of these requirements will be fulfilled within not
more than twelve months after final plat approval.
20.16.350 Effect of Permit on Successors and Assigns.
(a) Zoning, special use, conditional use, and sign permits authorize the permittee to make use of
land and structures in a particular way. Such permits are transferable. However, so long as
the land or structures or any portion thereof covered under a permit continues to be used
for the purposes for which the permit was granted, then:
ORDINANCE NO. 2022-012 23
(1) No person (including successors or assigns of the person who obtained the permit) may
make use of the land or structures covered under such permit for the purposes authorized
in the permit except in accordance with all the terms and requirements of that permit,
and
(2) The terms and requirements of the permit apply to and restrict the use of land or
structures covered under the permit, not only with respect to all persons having any
interest in the property at the time the permit was obtained, but also with respect to
persons who subsequently obtain any interest in all or part of the covered property and
wish to use it for or in connection with purposes other than those for which the permit
was originally issued, so long as the persons who subsequently obtain an interest in the
property had actual or record notice (as provided in Subsection (b)) of the existence of
the permit at the time they acquired their interest.
20.16.360 Effect of Approval of Zoning or Conditional Use Permits for Preliminary Minor or
Major Subdivisions.
(a) The approval of a zoning permit for a preliminary minor subdivision or a conditional use
permit for a preliminary major subdivision constitutes approval of the general concept and
layout of the plat as approved. Approval of a permit for a preliminary subdivision does not
signify acceptance of engineering details of the plat.These engineering details remain subject
to approval by the Community and Economic Development Director.
(b) Once engineering details and specific design have been approved by the Community and
Economic Development Director, the owner may obtain necessary permits and construct
right-of-way, easement, and utility improvements approved in the permit for the preliminary
subdivision.
20.16.370 Amendments to and Modifications of Permits.
(a) Insignificant design deviations from the permit (including approved plans) issued by the
Hearing Examiner or the Community and Economic Development Director are permissible
and the Community and Economic Development Director may authorize such insignificant
deviations. A deviation is insignificant if it has no discernible impact on neighboring
properties, the general public, or those intended to occupy or use the proposed
development. Each time an insignificant deviation is requested and approved, a
memorandum from the Community and Economic Development Director with findings of fact
shall be placed in the file for the permit from which it is was granted. If over time the number
of insignificant deviations cumulatively requested have or will cause such cumulative changes
so that over all they meet the criteria for a minor modification or change,the next subsequent
insignificant deviation shall be treated as a modification as per subsection (b).
(b) Minor amendments in permits (including approved plans) are permissible with the approval
of the permit-issuing authority. Such permission may be obtained through written request
without a formal application or public hearing, but a payment of any additional fee will be set
by resolution. For purposes of this section, amendments are those that have no substantial
impact on neighboring properties, the general public, or those intended to occupy or use the
proposed development and do not exceed ten percent of the lots or square footage. Each
time a minor modification or change is approved, a memorandum from the permit-issuing
ORDINANCE NO. 2022-012 24
authority with findings of fact shall be placed in the file for the permit to which it is was
granted. If over time the number of minor modifications or changes cumulatively requested
have or will cause such cumulative changes meet the criteria for a major change, the next
subsequent minor modification or amendment shall be treated as a major change and be
processed per subsection (c).
(c) Major amendments in permits (including approved plans) are permissible with the approval
of the Hearing Examiner or permit-issuing authority. Such permission may be obtained with
a formal application and public hearing, if required, and a payment of any additional fee that
will be set by resolution. For purposes of this section, major amendments are those that have
a substantial impact on neighboring properties, the general public, or those intended to
occupy or use the proposed development and do not exceed twenty-five percent of the
approved lots or square footage. Each time a major amendment is approved, a memorandum
from the permit-issuing authority with findings of fact shall be placed in the file for the permit
to which it is was granted. If over time the number of major amendments or changes
cumulatively requested have or will cause such cumulative changes exceed the criteria for a
major amendment, the next subsequent major amendment shall be treated as a new
application and be processed as per subsection (d).
(d) All other requests for changes in approved plans will be processed as new applications. If such
requests are required to be acted upon by the Hearing Examiner or Community and Economic
Development Director, new conditions may be imposed in accordance with §20,16.260
(Additional Requirements on Zoning, Special Use, and Conditional Use Permits), but the
applicant retains the right to reject such additional conditions by withdrawing his request for
an amendment and may then proceed in accordance with the previously issued permit.
(e) The Community and Economic Development Director shall determine whether amendments
to and modifications of permits fall within the categories set forth above in Subsections (a),
(b), and (c), and (d).
(f) A developer requesting approval of changes shall submit a written request for such approval
to the Community and Economic Development Director, and that request shall identify the
changes. Approval of all changes must be given in writing.
20.16.380 Maintenance of Common Areas, Improvements, and Facilities.
The recipient of any zoning, special use, conditional use, or sign permit, or his successor, shall be
responsible for maintaining all common areas, improvements, or facilities required by this article
or any permit issued in accordance with its provisions, except those areas, improvements, or
facilities with respect to which an offer of dedication to the public has been accepted by the
appropriate public authority.As illustrations,and without limiting the generality of the foregoing,
this means that private roads and parking areas,water and sewer lines, and recreational facilities
must be properly maintained so that they can be used in the manner intended, and required
vegetation and trees used for screening, landscaping, or shading must be replaced if they die or
are destroyed.
Part IV. Land Division Permits
ORDINANCE NO. 2022-012 25
20.16.400 Regulation of Maior, Minor and Unit Lot Subdivisions.
Major and minor subdivisions are subject to a two-step approval process. Physical improvements
to the land to be subdivided are authorized by a conditional use permit or zoning permit,
respectively as provided in Part I through Part III of§20.16 (Permits and Land Division Approval)
of this article, and sale of lots is permitted after final plat approval as provided in §20.16.425
(Final Major and Minor Subdivision Approval Process).
20.16.405 Applicability.
The provisions of this section apply to each major or minor subdivision of land, or alteration or
vacation thereof, applied for after the effective date of this Title except as listed below:
(1) This section does not apply to cemeteries and other burial plots while used for that purpose.
(2) This section does not apply to divisions of lands into lots or tracts each of which is one one-
hundred twenty-eighths of a section of land or larger, or five acres or larger if the land is not
capable of description as a fraction of a section of land. For purposes of computing the size
of any lot under this paragraph, for a lot that borders on a street or road,the lot size shall be
expanded to include that area which would be bordered by the centerline of a road or street
and the side lot lines of the lot running perpendicular to such centerline.
(3) This section does not apply to divisions made by testamentary provisions or by the laws of
descent.
(4) This section does not apply to boundary line adjustments.
20.16.410 No Subdivision Without Plat Approval.
(a) Except as exempted by §20.16.405 (Applicability), no person may subdivide his land except
in accordance with all of the provisions of this Title. In particular, no person may subdivide
his land unless and until a final plat of the subdivision has been approved in accordance with
the provisions of §20.16.425 (Final Minor or Major Subdivision Approval Process) and
recorded in the Snohomish County Registry.
(b) The Snohomish County Auditor may not record a plat of any subdivision within the city's
planning jurisdiction unless the plat has been approved in accordance with the provisions of
this Title.
20.16.415 Restrictions on Minor Subdivisions.
A lot that is created by a minor subdivision shall not be further divided by minor subdivision for
a period of five years following the date of recordation of the last minor subdivision of the
property. Any further subdivision proposed within said five-year period must be processed as a
major subdivision, except as provided in RCW 58.17.060 as amended.
20.16.420 Vacations of Subdivisions.
Vacations of subdivisions are processed in the same manner as subdivisions, except that in
addition to the information listed in §20.16.200 (Applications To Be Complete), the following
information is also required to be submitted with applications for subdivision vacations:
(a) The reasons for vacation.
ORDINANCE NO. 2022-012 26
(b) Signatures of all parties having an ownership interest in that portion of the subdivision subject
to vacation.
(c) If the subdivision is subject to restrictive covenants which were filed at the time of the
approval of the subdivision, and the application for vacation would result in the violation of
a covenant, the application shall contain an agreement signed by all parties subject to the
covenants providing that the parties agree to terminate or alter the relevant covenants to
accomplish the purpose of the vacation of the subdivision or portion thereof.
20.16.425 Final Major and Minor Subdivision Approval Process.
(a) The Community and Economic Development Director shall approve or disapprove final major
subdivisions (plat) and final minor subdivisions (short plat) in accordance with the provisions
of this section and per RCW 58.17.
(b) The applicant for final subdivision plat approval, before complying with Subsection (c), shall
submit the following to the Community and Economic Development Director for a
determination of whether the approval process authorized by this section can be and should
be utilized:
(1) The required number of draft copies, as set by administrative policy, of the information
required by Subsections (c) and (d).
(2) Mathematical lot closures showing error of closures not to exceed 0.005 times the square
root of"n", where "n" = number of sides and/or curves of a lot.
(3) A certification from a Professional Land Surveyor, licensed in the State of Washington, as
to the survey data, layout of streets, alleys, and other rights-of-way. A licensed engineer
acting on behalf of the City shall approve bridges, sewage, water systems, and other
structures together with the information provided by the Professional Land Surveyor.
(4) A complete survey of the section or sections in which the plat is located, or as much
thereof as may be necessary to properly orient the plat within the section or sections. A
computer printout showing closures of the section or subdivision breakdown (if any), plat
boundary, road centerlines, lots and tracts.The maximum allowable error of closure shall
be .02 feet in any such closure.
(5) A title company certification which is not more than thirty calendar days old containing:
(A) A legal description of the total parcel sought to be subdivided; and
(B) A list of those individuals, corporations, or other entities holding an ownership
interest in the parcel; and
(C) Any easements or restrictions affecting the property with a description, purpose and
reference by auditors file number and/or recording number; and
(D) Any encumbrances on the property; and
(E) Any delinquent taxes or assessments on the property.
(6) An approved subdivision name reservation form from the Snohomish County Auditor's
Office.
(7) If lands are to be dedicated or conveyed to the City as part of the subdivision, an American
Land Title Association title policy may be required.
(8) The Community and Economic Development Director may require the applicant to submit
whatever other information is necessary to make this determination, including, but not
ORDINANCE NO. 2022-012 27
limited to, a copy of the tax map showing the land being subdivided and all lots previously
subdivided from that tract of land within the previous five years.
(9) No final major or minor subdivision may be submitted until the applicant has supplied the
City with a copy of the signed as-builts and approved water & sewer bills of sale.
(c) Once the Community and Economic Development Director is satisfied that Subsection (b) is
met,the applicant for subdivision plat approval shall submit to the Community and Economic
Development Director a final plat, drawn in waterproof ink on a sheet made of material that
will be acceptable to the Snohomish County Auditor's Office for recording purposes, and
having dimensions as follows:
(1) Major subdivisions: 18" x 24".
(2) Minor subdivisions: 18" x 24".
When more than one sheet is required to include the entire subdivision, all sheets shall be made
of the same size and shall show appropriate match marks on each sheet and appropriate
references to other sheets of the subdivision. The scale of the plat shall be at:
(3) Major subdivisions: one (1) inch equals not more than fifty feet, unless approved
otherwise by the Community and Economic Development Director.
(4) Minor subdivisions: one (1) inch equals not more than fifty feet unless approved
otherwise by the Community and Economic Development Director.
(d) In addition to the appropriate endorsements, as provided in §20.16.445 (Endorsements on
Final Subdivisions and Binding Site Plans), the final plat shall contain the following
information:
(1) The name of the subdivision, which name shall not duplicate the name of any existing
subdivision as recorded in the Snohomish County Registry,
(2) The name and notarized signatures of the subdivision owner or owners,
(3) The location by Quarter Section/ Section/Township/ Range and/or by other legal
description, the county, and state where the subdivision is located,
(4) The name, registration number, and seal of the Professional Land Surveyor responsible
for preparation of the plat, and a certification on the plat by said surveyor to the effect
that (i) it is a true and correct representation of the land actually surveyed by him/under
his supervision; (ii)that the exterior plat boundary, and all interior lot corners have been
set on the applicant's property by him/under his supervision using appropriate
permanent materials, with a field traverse with a linear closure of one to ten thousand
and corresponding angular closure as specified in W.A.C. 332.130.070 and 332.130.090;
and, (iii) that all street centerline monuments (points of intersection, points of curve,
points of tangency, etc.) within the plat and all intersections with existing street
centerlines have been monumented with concrete monuments in case or other
permanent material approved by the City.
(5) The scale according to which the plat is drawn in feet per inch or scale ratio in words or
figures and bar graph. The drawing shall be of legible scale and shall include the north
arrow and basis of bearings. Unless otherwise approved by the Community and Economic
Development Director, the scale of the final plat will be at one inch equals fifty feet in
order that all distances, bearings, and other data can be clearly shown.
(6) A boundary survey prepared by a Professional Land Surveyor, licensed in the State of
Washington, shall be shown on the proposed plat and shall reference the plat to the
ORDINANCE NO. 2022-012 28
Washington Coordinate System, North Zone (North American Datum, 1983, unless
otherwise approved by the Department of Community and Economic Development)with
a physical description of such corners. When the necessary G.P.S. points exist within one-
half mile of the subject property they shall be located on the plat and used as primary
reference datum.
(7) The boundary lines of the plat, based on an accurate traverse, with angular and linear
dimensions.
(8) The exact location,width, number or name of all rights-of-way and easements within and
adjoining the plat and a clear statement as to whether each is to be dedicated or held in
private ownership.
(9) The true courses and distances to the nearest established right-of-way lines or official
monuments that will accurately locate the plat.
(10) Curved boundaries and centerlines shall be defined by giving radii, internal angles, points
of curvature, tangent bearings, and lengths of all arcs.
(11) All lot and block numbers and lines, with accurate dimensions in feet and hundredths of
feet, and bearings to one second of arc. Blocks in numbered additions to subdivisions
bearing the same name must be numbered consecutively through the several additions.
(12) Accurate locations of all monuments at such locations as required by the Community and
Economic Development Director.
(13) All plat meander lines or reference lines along bodies of water,which shall be established
above, but not farther than twenty (20) feet from the high waterline of the water or
within a reasonable distance, to ensure reestablishment.
(14) Accurate outlines and dimensions of any areas to be dedicated or reserved for public
use, with purposes indicated thereon and in the dedication; and/or any area to be
reserved by deed covenant for common uses of all property owners.
(15) A full and correct legal description of the property.
(16) All permanent restrictions and conditions on the lots or tracts or other areas in the plat
required by the City.
(17) Any additional pertinent information required at the discretion of the Community and
Economic Development Director or Public Works Director.
(18) An endorsement to be signed, prior to recordation, by the proper officer in charge of tax
collections, certifying that all taxes and delinquent assessments have been paid,
satisfied, or discharged.
(19) The following declaration: "All conditions of the preliminary [minor] plat, embodied
within the Form of Decision [recorded with the Snohomish County Assessor/which is
attached hereto as Exhibit], shall remain conditions of construction of the public
improvements."
(e) Not more than 9 lots, including the existing lot, may be created out of one tract using the
minor subdivision plat approval process within any five-year period measured from the date
of the recording of the last minor plat on the property.
(f) No final major or minor subdivision may be recorded until the applicant has supplied the City
a copy of the Final Plat and "as-built" construction plans in number and hard and electronic
format acceptable to the Community and Economic Development Director.
ORDINANCE NO. 2022-012 29
(g) The Community and Economic Development Director and Public Works Director, shall
approve the proposed major final subdivision unless they find that the plat or the proposed
subdivision fails to comply with one or more of the requirements of this Title or that the final
plat differs substantially from the plans, specifications, or conditions of approval approved in
conjunction with the permit that authorized the development of the subdivision.
(h) If the final plat is disapproved, the applicant shall be furnished with a written statement of
the reasons for the disapproval.
(i) All final plat approvals are subject to being recorded in the Snohomish County Registry by the
applicant within sixty days of approval. A conformed copy of the recorded documents shall
be returned to the City of Arlington. will be forwarded to the applicant.
20.16.430 Alteration of Recorded Final Maior or Minor Subdivisions.
(a) A recorded major or minor final plat may be altered, including the reconfiguration of any
element graphically portrayed on a recorded final plat or the alteration of conditions,
restrictions, easements, or other textual materials on the plat or with a recorded final plat.
However, any change where an additional lot(s) is proposed shall not be considered a plat
alteration and shall be processed as a new plat or minor plat.
(b) The plat alteration provisions do not apply to corrections to recorded final plats or revisions
to lot boundaries authorized pursuant to the boundary line adjustment provisions of
§20.16.440 (Boundary Line Adjustments),
(c) In addition to the application requirements of§20.16.200 (Applications To Be Complete), an
application for a plat alteration shall contain:
(1) The signatures of a majority of those persons having an ownership interest in lots, tracts,
parcels, sites, or divisions in the plat or portion to be altered.
(2) A certificate of title showing the names of all persons who would be affected by the
proposed alteration, as well as any easements or other encumbrances on the property
subject to the proposed alteration.
(3) If the alteration proposes to change the recorded plat, a drawing prepared at the same
scale as the recorded plat shall be submitted showing the details of the proposed
alteration.
(4) If the alteration proposes a change to restrictions, conditions, or easements of a textual
nature not depicted on the plat, a clearly written textual revision shall be submitted.
(5) A written statement of why the alteration is being requested and how the public interest
would be served by its approval shall be submitted.
(d) Applications for plat alterations shall be processed in the same manner as Special Use
Permits, as specified in §20.16.225 (Special Use Permits and Conditional Use Permits),
including the noticing requirement; except that notices shall also be provided to each
property owner within the plat.
(e) The decision-making authority may approve a major or minor plat alteration if the application
is found to be consistent with all applicable regulations.
(f) If testimony is presented and it is found that the proposed plat alteration would violate any
restrictive covenants of the plat, the decision-making authority may deny the request unless
such covenants are legally terminated or altered so as to accomplish the purpose of the
alteration of the plat or portion thereof.
ORDINANCE NO. 2022-012 30
(g) Upon approval of a plat alteration the applicant shall produce a revised drawing and any other
documents required to show the authorized changes to the final plat. The revised final plat
shall bear the seal of a registered professional land surveyor, shall include the contents of a
final plat, and shall be processed and recorded in the same manner as set forth for final plats.
All persons with an ownership or security interest in the property to be altered must sign the
altered plat prior to recording.
(h) Altered plats shall change, alter, or supersede the original plat only in the specific ways
approved and set forth in the recorded documents.
20.16.435 Maior and Minor Binding Site Plans.
The intent and purpose of this chapter is to establish an alternative process by which the
subdividing of commercial and industrial properties can be done, and which specifically depicts
lot configurations, street and road improvements, utilities open space and other provisions to
ensure a uniform development.
(a) Applicability. Any person seeking a division of industrial or commercial land for the purpose
of lease or sale or transfer of ownership of lots or upon which more than one principal
building is to be constructed upon one lot of record is required to have an approved binding
site plan prior to any division and development of property and shall be governed by the
provisions of this chapter.
(b) Standards. Binding site plans are subject to the following standards:
(1) The binding site plan shall ensure that the collective lots continue to function as one site
with respect to, but not limited to, lot access, interior circulation, open space,
landscaping, drainage facilities, facility maintenance and parking.
(2) The binding site plan shall:
(A) Identify the areas and locations of all streets, roads, improvements, utilities, open
spaces, sensitive areas, parking areas, landscaped areas, surveyed topography (by a
Washington State registered land surveyor) for map, water bodies and drainage
features and building envelopes;
(B) Contain inscriptions or attachments setting forth such limitations and conditions for
the use of the land as are established by the Community and economic Development
Director or the hearing examiner; and
(C) Contain provisions requiring any development or division of land to be in
conformance with the approved site plan.
(D) Contain requirements for street right-of-way realignment, dedication or widening
either required by the city or by voluntary agreement.
(E) Adhere to all applicable provisions set forth in the land use code.
(3) Both the design and development shall preserve the trees and vegetation, natural
drainage, existing topsoil, and wetlands/critical areas to the fullest extent that is
reasonably possible.
(4) Conditions of use, maintenance and restrictions on redevelopment of required open
space, parking, access and other improvements shall be identified and enforced by
covenants, easements, dedications or other similar mechanisms.
ORDINANCE NO. 2022-012 31
(c) Submission Requirements. Binding site plans shall follow the standard subdivision submittal,
review, resubmittal, final approval process and recording requirements as that of that of the
standard subdivision per RCW 58.17.
(d) Performance Bonds. In lieu of completing the required improvements, the applicant may
request final approval, subject to the approval of a suitable guarantee by the public works
director. The guarantee must be in a form acceptable to the city and in an amount
commensurate with improvements to be completed. The amount of the guarantee is
established at one hundred fifty percent of the cost of the city having to construct the
improvements.
Guarantee funds will not be released by the city unless approval has been received from all
applicable departments that are reasonable for acceptance and/or maintenance of such
improvements.
(e) Amendments and Vacations.
(1) Amendments. Once a binding site plan is recorded, any amendments from the site plan
shall require the filing of an amended binding site plan. The application materials,
procedures, review criteria,standards, etc., shall be the same as for the initial binding site
plan.
(2) Vacation of a recorded binding site plan shall be approved administratively by the
Community and Economic Development Director and/or his/her designee prior to
recording.
(f) Insignificant Design Deviations. The Community and Economic Development Director or
public works director may accept some deviations in code requirements when the binding
site plan allows for viable sharing of facilities, including parking, landscaping, pedestrian
access, and utilities.
20.16.440 Boundary Line Adlustments.
(a) Minor lot line adjustments are exempt from the subdivision regulations. Minor lot line
adjustments to existing legal lots are permitted when no new lots, tracts, or parcels are
created through the process, and the adjusted lots either meet all zoning requirements of
this Title, or, in the case where any of the existing legal lots are non-conforming, the
adjustment would not create a greater non-conformity.
(b) Boundary lines may not be adjusted which will result in directional changes in the orientation
of the lot(s),tract(s), parcel(s), or building site(s), such as the changing of front yards into side
yards or vice versa; or when the adjustment will result in the City being unable to provide
adequate utilities.
(c) Application for a Boundary Line Adjustment is made by submitting to the Community and
Economic Development Director a Master Permit Application, a Standard Affidavit of
Boundary Line Adjustment, a survey of the subject property, a current title report (no older
than 30 days), and the appropriate processing fee as set by resolution.
(d) Said survey for a boundary line adjustment must be conducted by or under the supervision
of a registered state-licensed land surveyor. The surveyor shall certify on the boundary line
adjustment survey map that it is a true and correct representation of the lands actually
surveyed in accordance with City and State law. The survey must indicate that all lot corners
ORDINANCE NO. 2022-012 32
are found and staked; show existing and proposed lot lines and all encroachment(s),
buildings, and setbacks from property lines; and provide the legal descriptions of the lots
being adjusted before and after the boundary line adjustment.
(e) When the applicant has complied with all of the requirements of this Section and State law
and the Community and Economic Development Director has signed the boundary line
adjustment, then the record of survey and the original affidavit of ownership shall be filed
with the County Auditor in accordance with RCW Chapter 58.09.
20.16.445 Endorsements on Final Maior and Minor Subdivisions.
(a) All final subdivision, unit lot subdivisions, binding site plans, and boundary line adjustments
shall contain signature endorsements on the cover page of the document.
(b) Final major subdivision, unit lot subdivision, and binding site plans shall use endorsements (1)
through (7) below.
(c) Final minor subdivisions, unit lot subdivisions, and binding site plans shall use endorsements
(1), (2) and (4)through (7) below.
(d) Boundary Line Adjustments shall use endorsements (1) and (4)through (7) below.
(e) Owner(s) and Surveyor signatures shall be notarized. If there are multiple owners, then
additional owner signature lines shall be added, and all names notarized.
(1) CERTIFICATE OF SUBDIVISION APPROVAL
I HEREBY CERTIFY THAT THE SUBDIVISION SHOWN ON THIS PLAT IS IN ALL RESPECTS IN COMPLIANCE WITH
TITLE 20 OF THE ARLINGTON MUNICIPAL CODE, AND THEREFORE THIS PLAT HAS BEEN APPROVED BY THE
COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR, SUBJECT TO ITS BEING RECORDED IN THE
SNOHOMISH COUNTY REGISTRY WITHIN 60 DAYS OF THE DATE BELOW.
EXAMINED AND APPROVED THIS_ DAY OF YEAR
COMMUNITY AND ECONOMIC DEVELOPMENT DIRECTOR,(DIRECTOR NAME)
(2) CERTIFICATE OF APPROVAL OF PUBLIC IMPROVEMENTS
I HEREBY CERTIFY THAT ALL STREETS SHOWN ON THIS PLAT ARE WITHIN THE CITY OF ARLINGTON PLANNING
JURISDICTION,ALL STREETS AND OTHER PUBLIC IMPROVMENTS SHOWN ON THIS PLAT HAVE BEEN INSTALLED
OR COMPLETED TO CITY STANDARDS OR THAT THEIR INSTALLATION OR COMPLETION (WITHIN 12 MONTHS
AFTER THE DATE BELOW) HAS BEEN ASSURED BY THE POSTING OF A PERFORMANCE BOND OR OTHER
SUFFICIENT SURETY, AND THAT THE SUBDIVISION SHOWN ON THIS PLAT IS IN ALL RESPECTS IN COMPLIANCE
WITH TITLE 20 OF THE ARLINGTON MUNICIPAL CODE,AND THEREFORE THIS PLAT HAS BEEN APPROVED BY THE
PUBLIC WORKS DIRECTOR.
EXAMINED AND APPROVED THIS DAY OF YEAR
PUBLIC WORKS DIRECTOR,(DIRECTOR NAME)
ORDINANCE NO. 2022-012 33
(3) CERTIFICATE OF CITY TREASURER
I HEREBY CERTIFY THAT ALL MONIES AND DEBTS PERTAINING TO THIS SUBDIVISION WERE PAID TO THE CITY
OF ARLINGTON THE _DAY OF YEAR.
FINANCE DIRECTOR/CITY TREASURER, (DIRECTOR NAME) DATE
(4) CERTIFICATE OF OWNERSHIP
THIS SUBDIVISION, DEDICATION, DECLARATION,WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS
MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS.
IN WITNESS WHEREOF,WE SET OUR HANDS AND SEALS THIS DAY OF YEAR
(ENTER NAME OF COMPANY OR INDIVIDUAL OWNER)
BY:
(ENTER NAME OF PERSON SIGNING)
ITS:
ACKNOWLEDGEMENT
STATE OF WASHINGTON )
)SS.
COUNTY OF SNOHOMISH )
I CERTIFY THAT IN KNOW OR HAVE SATISFACTORY EVIDENCE THAT(OWNERS NAME) IS THE PERSON WHO
APPEARED BEFORE ME,AND SAID PERSON ACKNOWLEDGED THAT(HE/SHE)SIGNED THIS INSTRUMENT,ON
OATH STATED THAT(HE/SHE)WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS
THE(TITLE OR OWNER)OF(COMPANY NAME)TO BE THE FREE AND VOLUNTARY ACT OF SUCH PARTY FOR THE
USES AND PURPOSES MENTIONED IN THE INSTRUMENT.
DATED
SIGNATURE OF NOTARY
(NOTARY SEAL)
PRINT NAME OF NOTARY
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON,
RESIDING AT
MY APPOINTMENT EXPIRES
(5) SURVEYORS CERTIFICATE&ACKNOWLEDGEMENT
ORDINANCE NO. 2022-012 34
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH
THE REQUIREMENTS OF THE SURVEY RECORDING ACT AND ARLINGTON MUNICIPAL CODE 20.16.425(d)(4)AND
20.16.445(5).AT THE REQUEST OF(ENTER NAME OF COMPANY OR INDIVIDUAL OWNER),ON THE DATE OF THE
SIGNATURE.I HEREBY CERTIFY THAT THIS PLAT OF(NAME OF SUBDIVISION)IS BASED UPON AN ACTUAL SURVEY
AND SUBDIVISION OF(ENTER SECTION,TOWNSHIP,RANGE),WILLAMETTE MERIDIAN,THATTHE BEARINGS AND
DISTANCES ARE CORRECTLY SHOWN, THAT ALL INFORMATION REQUIRED BY THE WASHINGTON UNIFORM
COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; AND THAT ALL HORIZONTAL AND VERTICAL
BOUNDARIES OF THE LOTS,TO THE EXTENT SUCH BOUNDARIES ARE NOT DEFINED BY PHYSICAL MONUMENTS,
SUCH BOUNDARIES ARE SHOWN ON THE MAP.
(ENTER SURVEYOR NAME) DATE (SURVEYOR SEAL)
PROFESSIONAL LAND SURVEYOR
CERTIFICATE NO. (ENTER NUMBER)
STATE OF WASHINGTON )
)SS.
COUNTY OF SNOHOMISH )
I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT(NAME OF PERSON) IS THE PERSON WHO
APPEARED BEFORE ME,AND SAID PERSON ACKNOWLEDGED THAT(HE/SHE)SIGNED THIS INSTRUMENT AND
ACKNOWLEDGE IT TO BE(HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN
THE INSTRUMENT.
DATED
SIGNATURE OF NOTARY
(NOTARY SEAL)
PRINT NAME OF NOTARY
NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON,
RESIDING AT
MY APPOINTMENT EXPIRES
(6) SNOHOMISH COUNTY TREASURERS CERTIFICATE
I HEREBY CERTIFY THAT ALL STATE AND COUNTY TAXES HERETOFORE LEVIED AGAINST THE PROPERTY
DESCRIBED HEREON,ACCORDING TO THE BOOKS AND RECORDS OF MY OFFICE, HAVE BEEN FULLY PAID AND
DISCHARGED, INCLUDING TAXES.
BY:
TREASURER,SNOHOMISH COUNTY DEPUTY COUNTY TREASUER
PARCEL NUMBER:(ENTER PARCEL NUMBER(S)
ORDINANCE NO. 2022-012 35
(7) AUDITORS CERTIFICATE
FILED FOR RECORD AT THE REQUIEST OF(ENTER COMPANY NAME OR OWNER)THIS DAY OF
,YEAR,AT MINUTES PAST M,AND RECORDED IN VOLUME OF
PLATS, PAGE ;AFN RECORDS OF SNOHOMISH COUNTY,
WASHINGTON.
BY:
AUDITOR,SNOHOMISH COUNTY DEPUTY COUNTY AUDITOR
20.16.450 Subdivision and Binding Site Plan Acceptance of Easements and Dedication Offers.
(a) Approval and recordation of a final subdivision or final unit lot subdivision constitutes
acceptance by the city of the offer of easements and dedication of any streets, sidewalks,
parks, or other public facilities shown on a plat. Upon recording of the final subdivision, the
areas of dedication are the responsibility of the city.
(b) Approval of a binding site plan does not constitute acceptance by the city of the offer of
easements or dedication of any streets, sidewalks, parks, or other public facilities shown on
a site plan. However, the city may accept any such offer of dedication or easement by
resolution of the council or by actually exercising control over and maintaining such facilities.
20.16.455 Protection Against Defects.
(a) Whenever (pursuant to §20.16.340 Authorizing Use Occupancy, or Sale Before Completion
of Development Under Special Use or Conditional Use Permits) occupancy, use or sale is
allowed before the completion of all facilities or improvements intended for dedication, and
a performance bond or the surety is posted pursuant to §20.16.320, then the applicant shall
also post a maintenance bond or other sufficient surety pursuant to Part IX of _§20.12 to
guarantee that any defects in such improvements or facilities that appear within two years
after the dedication of such facilities or improvements is accepted shall be corrected by the
developer.
(b) Whenever all public facilities or improvements intended for dedication are installed before
occupancy, use, or sale is authorized, then the developer shall post a maintenance bond or
other sufficient surety pursuant to §20.12.830 (Maintenance Securities)to guarantee that he
will correct all defects in such facilities or improvements that occur within two years after the
offer of dedication of such facilities or improvements is accepted.
(c) An architect or engineer retained by the developer shall certify to the city that all facilities
and improvements to be dedicated to the city have been constructed in accordance with the
requirements of this article.This certification shall be a condition precedent to acceptance by
the city of the offer of dedication of such facilities or improvements.
(d) For purposes of this section, the term "defects" refers to any condition in publicly dedicated
facilities or improvements that requires the city to make repairs in such facilities over and
above the normal amount of maintenance that they would require. If such defects appear,
the guaranty may be enforced regardless of whether the facilities or improvements were
constructed in accordance with the requirements of this article.
ORDINANCE NO. 2022-012 36
20.16.460 Maintenance of Dedicated Areas Until Acceptance.
As provided in §20.16.380 (Maintenance of Common Areas, Improvements, and Facilities), all
facilities and improvements with respect to which the owner makes an offer of dedication to
public use shall be maintained by the owner until the appropriate public authority accepts such
offer of dedication.
ORDINANCE NO. 2022-012 37
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. 2022-012 was approved at the October 17, 2022 City Council meeting.
ORDINANCE NO. 2022-012
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING CHAPTER 20.16 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING PERMITS AND LAND DIVISION APPROVALS"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of October, 2022
Wendy Van Der Meersche
City Clerk for the City of Arlington