HomeMy WebLinkAboutOrdinance No. 2022-017 An Ordinance of the City of Arlington, Washington Amending Chapter 20.38 of the Arlington Municipal Code Regarding the Airport Protection District ORDINANCE NO. 2022-017
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.38 OF THE ARLINGTON
MUNICIPAL CODE REGARDING THE AIRPORT PROTECTION DISTRICT
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. 2022-017 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 20.38.070 shall be and hereby is
amended to read as follows:
20.38.070 Restrictions on Certain Use Classifications on Arlington Airport Property.
Certain uses, though allowed in particular zoning districts as identified in §20.40-.910,
Tale-n Permissible Uses, are herein deemed non-permissible within that zoning district
where applied to property owned by the Arlington Airport, even when leased to private
parties. These use classifications are denoted by footnote '7 in the Table of Perm; le
klses conditions.
Section 2. Arlington Municipal Code section 20.36.080(a)(3) shall be and hereby is
amended to read as follows:
(3) Except for aeronautical events such as the INAMEAA Arlington Fly-In,the public
assembly of people and other uses or activities, whether permanent (such as multi-
family, hospitals, schools, churches, etc.) or temporary (such as circuses, carnivals or
other outdoor entertainment events or religious assembly not exceeding five days in
duration),that allow public concentrations of people shall be prohibited within
Subdistrict A, but allowed in all other parts of the AP District so long as such uses do not
adversely affect airport operations, safety in air navigation or penetrate the FAR Part 77
Surfaces.
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. 2022-017 2
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th
day of October, 2022.
CITY OF ARLINGTON
c�
Barbara Tolbert, Mayor
ATTEST:
CA Ft'
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
Stev n J. P i torney
ORDINANCE NO. 2022-017 3
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. 2022-017 was approved at the October 17, 2022 City Council meeting.
ORDINANCE NO. 2022-017
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING CHAPTER 20.38 OF THE ARLINGTON
MUNICIPAL CODE REGARDING THE AIRPORT PROTECTION DISTRICT"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of October, 2022
Wendy Vandber Meersche
City Clerk for the City of Arlington