HomeMy WebLinkAboutOrdinance No. 2022-015 An Ordinance of the City of Arlington, Washington Amending Chapter 20.32 of the Arlington Municipal Code Regarding Zoning Non-Conforming Situations ORDINANCE NO. 2022-015
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.32 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING NON-CONFORMING SITUATIONS
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. 2022-015 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 section 20.32.040(d) shall be and hereby is
amended to read as follows:
(a) The Community and Economic Development Director shall issue a permit
authorized by this section if he or she finds that, in completing the renovation, repair or
replacement work:
(1) No violation of§20.32.030 (Extension or Enlargement of Nonconforming
Situations) will occur, and
(2) The permittee will comply, to the extent reasonably possible, with all
provisions of this Title applicable to the existing use (except that the permittee
shall not lose his right to continue a nonconforming use).
Section 2. Arlington Municipal Code section 20.32.050 shall be and hereby is
amended to read as follows:
20.32.050 Change in Use of Property Where a Nonconforming Situation Exists.
(a) A change in use of property (where a nonconforming situation exists) that is
sufficiently substantial to require a new zoning, special use, or conditional use permit
in accordance with §20.16.010100 (Permits Required) may not be made except in
accordance with Subsections (b) through (d). However, this requirement shall not
apply if only a sign permit is needed.
(b) If the intended change in use is to a principal use that is permissible in the district
where the property is located,and all of the other requirements of this Title applicable
to that use can be complied with, permission to make the change must be obtained
in the same manner as permission to make the initial use of a vacant lot. Once
conformity with this Title is achieved, the property may not revert to its
nonconforming status.
(c) If the intended change in use is to a principal use that is permissible in the district
where the property is located, but all of the requirements of this Title applicable to
that use cannot reasonably be complied with, then the change is permissible if the
entity authorized by this Title to issue a permit for that particular use (the Community
and Economic Development Director or Hearing Examiner) issues a permit authorizing
the change.This permit may be issued if the permit-issuing authority finds, in addition
to any other findings that may be required by this Title, that:
ORDINANCE NO. 2022-015 2
(1) The intended change will not result in a violation of §20.32.030 (Extension or
Enlargement of Nonconforming Situations), and
(2) All of the applicable requirements of this Title that can reasonably be complied
with will be complied with. Compliance with a requirement of this Title is not
reasonably possible if compliance cannot be achieved without adding additional
land to the lot where the nonconforming situation is maintained or moving a
substantial structure that is on a permanent foundation.That an applicant is facing
financial hardship caused by the cost of meeting such requirements does not
constitute grounds for finding that compliance is not reasonably possible. And in
no case may an applicant be given permission pursuant to this subsection to
construct a building or add to an existing building if additional nonconformities
would thereby be created.
(d) If the intended change in use is to another principal use that is also nonconforming,
then the change is permissible if the entity authorized by this Title to issue a permit
for that particular use (Community and Economic Development Director, Hearing
Examiner, or City Council) issues a permit authorizing the change. The permit-issuing
authority may issue the permit if it finds, in addition to other findings that may be
required by this Title, that:
(1) The use requested is one that is permissible in some zoning district with either a
zoning, special use, or conditional use permit, and
(2) All of the conditions applicable to the permit authorized in Subsection (c) of this
section are satisfied, and
(3) The proposed development will have less of an adverse impact on those most
affected by it and will be more compatible with the surrounding neighborhood
than the use in operation at the time the permit is applied for.
Section 3. 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 4. 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.
ORDINANCE NO. 2022-015 3
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th
day of October, 2022.
CITY OF ARLINGTON
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Barbara Tolbert, Mayor
ATTEST:
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Wendy Van 6er Meersche, City Clerk
APPROVED AS TO FORM:
Stev J. ttorney
ORDINANCE NO. 2022-015 4
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. 2022-015 was approved at the October 17, 2022 City Council meeting.
ORDINANCE NO. 2022-015
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING CHAPTER 20.32 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING NON-CONFORMING SITUATIONS"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of October, 2022
Wendy Va Der Meersche
411 City Clerk for the City of Arlington