HomeMy WebLinkAboutOrdinance No. 2022-019 An Ordinance of the City of Arlington, Washington Amending Chapter 20.44 of the Arlington Municipal Code Regarding Zoning Supplemental Use Regulations ORDINANCE NO. 2022-019
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.44 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING SUPPLEMENTAL USE REGULATIONS
WHEREAS, the City staff has engaged in a comprehensive review and has proposed an
update containing numerous revisions to the Arlington Municipal Code (AMC); and
WHEREAS, the Arlington Planning Commission held numerous meetings concerning the
revisions, including discussions occurring at the following meetings of the commission:
• January 4, 2022
• March 1, 2022
• March 15, 2022
• April 5, 2022
• April 19, 2022
• May 3, 2022
• May 17, 2022
• June 7, 2022
• June 23, 2022
• July 25, 2022
• August 2, 2022
• September 6, 2022
• September 20, 2022; and
WHEREAS, the Arlington Planning Commission provided notice of and took public
testimony concerning the changes at public hearings which occurred on September 20, 2022; and
WHEREAS, the Planning Commission made findings and provided its recommendations to
the City Council concerning the proposed changes; and
WHEREAS, the City Council considered the revisions initially with docketing meetings on
March 28, 2022 and April 4, 2022, and also at a joint meeting with the Planning Commission on
July 25, 2022, and then on October 10, 2022 and at a public hearing conducted on October 17,
2022; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
WHEREAS, review under the State Environmental Policy Act (SEPA) occurred with limited
comments from state agencies, all of which were addressed by the City; and
ORDINANCE 2022-019 1
WHEREAS, having considered the public testimony, the input from the Planning
Commission and state agencies, the Council deems the adoption of these amendments to be in
the best interests of the City and citizens;
NOW, THEREFORE, the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Arlington Municipal Code Chapter 20.44 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
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Barbara Tolbert, Mayor
ATTEST:
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Wendy Van IAr Meersche, City Clerk
APPROVED AS TO FORM:
Ste n J. ei e, y Attorney
ORDINANCE 2022-019 2
EXHIBIT "A"
Chapter 20.44
SUPPLEMENTALUSE
REGULATIONS
Sections:
Part I. General Provisions
20.44.010 Solid Waste, Quarrying, Mining, and Similar Uses.
20.44.016 Mixed Use Developments.
20.44.020 Unit Lot Subdivision (ULSs).
20.44.030 Flexible Development Standards (FDSs)
20.44.032 Master Planned Neighborhood Developments (MPND).
20.44.034 Wireless Communications Facilities.
20.44.035 C-64RAdministrative Conditional Use Permits for Homeless Encampments
20.44.037 Administrative Conditional Use Permits for Temporary/Seasonal Use or Special Event
20.44.040 Temporary Emergency, Construction, or Repair Residences.
20.44.042 Accessory Dwelling Units (ADU).
20.44.044 Recreational Vehicles as Temporary Dwelling Units.
20.44 S46 r 1F,/Tra 'IeF °aT,4(s
20.44.048 Temporary Public Structures.
20.44.060 Minimum Parcel Sizes for Glass-A,11-9,11 er Q{ Manufactured or Mobile Homes.
20.44.062 Mobile Home Parks.
20.44.064 Trade or Vocational Schools in the OTBD-1.
20.44.066 Storage Swfar-es for Scrap Materials Salvage Yards,Junkyards, Automobile Graveyards,
a44d-Automobile Recycling Facilities, Construction Yards, and Industrial or
Manufacturing Uses.
20.44.068 Adult Family Home
20.44.070 Homes Emphasizing Special Services,Treatment, or Supervision.
20.44.072 Reasonable Accommodation.
20.44.080 Administrative Conditional Use Permit for Mobile Sales and Delivery.
20.44.082 Home Occupations.
20.44.084 Stand Alone Office Uses in the General Industrial Zone.
20.44.090 Outdoor Storage or Display of Retail Items.
20.44.094 Adult Entertainment Facilities.
20.44.096 Penal and Correctional Facilities.
20.44.098 Electric Vehicle Infrastructure.
Part II. Land Clearing, Grading, Filling, and Excavation
20.44.100 Permits for Grading and Filling.
20.44.110 Permits for Land Clearing.
20.44.120 Restrictions and Requirements.
Part III. Performance Standards
20.44.208 Obligation to Comply.
20.44.210 Noise.
20.44.220 Vibration.
20.44.230 Odors.
20.44.240 Smoke and Air Pollution.
20.44.250 Disposal of Liquid and Hazardous Wastes.
ORDINANCE 2022-019 3
20.44.260 Water Consumption.
20.44.270 Electrical Disturbance or Interference.
20.44.280 Lighting.
20.44.290 Site and Building Maintenance.
Part IV. Cottage Housing
20.44.300 Purpose and Intent.
20.44.310 Applicability, application process and design review.
20.44.320 Density, number of cottage housing units and minimum lot area.
20.44.330 Building height.
20.44.340 Lot coverage area.
20.44.350 Cottage floor area.
20.44.360 Cottage housing development building separation.
20.44.370 Parks and open space.
20.44.380 Off street parking.
20.44.390 Stormwater Low Impact Development Techniques.
20.44.400 Alternative Site Design.
Part I. General Provisions
20.44.010 Solid Waste, Quarrying, Mining, and Similar Uses.
(a) All permits for 14.300, 14.400, and 15. this use ^',«*F*^a+i^ shall be subject to this
section.
(b) In addition to all other submission requirements, permit applications for such uses shall be
accompanied by a site reclamation plan.This plan shall contain and address the following:
(1) A description and site plan detailing how the site will be reclaimed.
(2) An analysis of how the reclaimed site will be compatible with existing and anticipated
land uses and zoning.
(3) An analysis of how the reclaimed site will not prevent the orderly and reasonable use
and development of surrounding properties or of properties in adjacent zones.
(4) That the proposed use and any expansion does not impair or impede the realization of
the objectives of the comprehensive plan, and it would not be detrimental to the public
interest to grant such proposed use.
(5) The timing and schedule of reclamation.
(c) All 14400, 1-^.400 and 15-.300permits for this use e4as ife^atie- shall be subject to the
Manufacturing/ Processing Performance Standards of Part III of this Chapter.
(d) Permits for 44400 4-400 and 15.3 3 this use may be limited in duration by
the permit-issuing authority. In such a case, the permit shall clearly state the expiration
date. The permit period shall be of sufficient duration to ensure the completion of the
use for which the permit is required; however, in no instance shall the period of time be in
excess of twenty years. Permit renewals shall be processed in the same manner as new
applications.
(e) The permit-issuing authority may consider requiring a performance security in an amount
deemed satisfactory to cover the costs of ensuring compliance with the provisions of this
section and the terms and conditions of any permit issued under the provisions of this
chapter, including required reclamation.
ORDINANCE 2022-019 4
20.44.016 Mixed Use Developments.
In all mixed-use developments (not governed by the mixed-use development reBulations)4Us-e
, no more than thirty five percent of the gross floor area of the
first floor may be parking or other non-commercial uses. Furthermore, such non-commercial uses
shall be located away from the primary entrance of the building, with the commercial uses being
prominently noticeable from the primary entrance.
20.44.020A Unit Lot Subdivisions (ULSs).
(a) Unit lot subdivision is an alternative to conventional subdivision process by which the location
of a building on a lot can be placed in such a manner that one or more of the building's sides
rests directly on a lot line, allowing for the creation of fee simple lots for townhome, and
cottage housing developments, in zones where such uses are permitted. Each building shall
not be less than one units or exceed ten units and shall maintain a ten-foot separation from
other buildings.
(b) Unit lot subdivisions shall be permitted in the Residential High Dens+ty all residential zones,
(except RULC and RLQ and all commercial zones (in conjunction with the "�„taTmixed-
use overlay or commercial corridor zone).
(c) Prior to submittal of the final plat, the design of all buildings shall meet the design standards
and shall have received design review approval.
(d) All units created by a unit lot subdivision shall provide attached private open space for each
individual unit equaling fifteen percent of the total lot area, but in no case shall be less than
two hundred square feet. The required open space may be provided by one or more of the
following: ground level open space, balconies, roof decks or porches.
(e) Existing multi-family developments which meet or can be brought into conformance with the
requirements of the unit lot subdivision may submit an application for such unit lot subdivision.
The existing building shall also be in full compliance with the most currently adopted edition
of the International Building Code (IBC) and/or the International Residential Code (i&GIRC) and
International Fire Code (IFC).
(f) If a development proposes open or park space exceeding one hundred twenty-five percent of
the minimum requirement, buildings may exceed the maximum allowed height requirement
by five feet.
(g) Low impact development street standards are required where feasible.
(h) Low impact development techniques for stormwater management are required where
feasible.
20.44.020E Unit Lot Subdivision Lot Standards
As allowed by this chapter, development on individual unit lots within the unit lot subdivision need
to conform to the minimum lot area or dimensional standards of Title 20—Land Use Code, provided
that overall development of the parent parcel meets the development and design standards of the
underlying zone and the requirements of this section.There shall be no minimum required lot area
for individual lots within a unit lot subdivision, provided that the area of the unit lot shall be large
enough to contain the dwelling unit and any accessory structures, decks, fences, garages,
driveways, private yard areas, parking, landscaping or other improvements that are accessory to
the dwelling unit; provided further, so long as conforming to the approved site development plan,
such accessory improvements may encroach upon or be located in an adjoining unit lot or common
area pursuant to an appropriate easement.
ORDINANCE 2022-019 5
20.44.020C Development and Design Standards
All development using unit lot subdivisions in residential zones, shall be in compliance with the
rules and regulations set forth in Title 20 AMC—Land Use Code,specifically Chapter 20.16—Permits
and F-44 R Land Division Approval.
20.44.020D Unit Lot Subdivision in Mixed Use Development
All horizontal mixed use development overlay areas utilizing unit lot subdivisions shall strictly
adhere to Chapter 20.110.040 — Mixed Use Development Regulations, when designing the site
development plan.
20.44.020E Ownership of Common Areas
Portions of the parent parcel not subdivided for individual unit lots or not dedicated as public right-
of-way or municipal utility systems shall be owned in common by the owners of the individual lots
within the subdivision, or by a homeowner's association comprised of the owners of the individual
unit lots within the subdivision
20.44.02OF Building Setbacks
Building setbacks shall be as required for the zone as applied to the underlying parent parcel as a
whole. There shall be no setback required from unit lot lines which are interior to the perimeter of
the parent parcel; provided, however,that any structure located upon a unit lot created hereunder
shall comply with the setbacks applicable to the approved site development plan. The unit lot
subdivision shall comply with the density and dimensional standards set forth in Chapter 20.48.
However, if alley access is proposed, the minimum setback for any structure from the alley shall
be five feet.
20.44.02OG Off-Street Parkins.
(a)The minimum amount of parking shall be required by Chapter 20.72. Required off-street parking
space may be provided in an area owned and maintained in common by the homeowner's
association. Parking spaces are located in a common area shall be available to residents or
guest or invitees of residents and shall not be reserved for any specific dwelling units.
(b) One additional off-street parking space shall be provided for every four lots proposed and be
adjacent to the units for which they are required.
(c)All required off-street parking spaces shall be maintained in perpetuity for off-street parking for
the residents,or guests of residents.Such spaces shall not be used at any time or in any manner
that precluded use for off-street parking of operable motor vehicles regularly used by
occupants of the unit lot dwellings.
(d) Parking shall be prohibited in fire lanes,and each fire lane shall be clearly identified with signage
and pavement markings to indicate that the fire lane is not to be used for parking at any time.
The homeowner's association shall be responsible for enforcingthis requirement.The city shall
have the authority to remove any vehicle illegally parked in a fire lane at the vehicle owner's
expense.
(e) The unit lot subdivision shall provide bicycle parking facilities equal to one stall for every four
lots.
20.44.020H Private Roads and Access Drives
Private access drives are allowed,to provide access to dwellings and off-street parking areas within
a unit lot subdivision.All private access drives shall be designed and constructed to city design and
ORDINANCE 2022-019 6
construction standards. A separate pedestrian walkway is required from the dwelling units to a
public sidewalk. Parking within any access drive shall be prohibited, but off-street parking may be
located adjacent to an approved access drive outside the minimum required dimensions of the
access drive. The homeowner's association shall be responsible for enforcing this requirement.
The city shall have the authority to remove any vehicle illegally parked in a fire lane at the vehicle
owner's expense. As an alternative to the private access drive,the applicant may provide a public
street meeting the city's design and construction standards.
20.44.0201 Public Water Mains, Sewer Mains, and Fire Hydrants
All water mains, sewer mains and fire hydrants within the unit lot subdivision shall be constructed
to city design and construction standards and dedicated to the city. The city shall have the
discretion to refuse or accept dedication of utility systems in developments that this chapter that
are not constructed to city standards.
20.44.020.1 Ingress, Egress, and Utility Access.
Each unit lot subdivision shall make adequate provisions for ingress, egress, and utilities access to
and from each unit lot by dedicating streets or by reserving such common areas or easements over
and across the parent parcel necessaryto comply with all other design and development standards
applicable to the approved site development plan.
20.44.020K Landscaping
In addition to perimeter landscaping required for the parent parcel, landscaping shall be provided
on each unit lot where yard area abuts an access drive, and between driveways and/or parking
areas on abutting lots. A landscape plan shall be submitted with the land use application showing
the following:
(1) Perimeter landscape standard along rear or interior lot lines of parent parcel.All required
perimeter landscaping shall be placed within a common area and shall be maintained by
the homeowner's association. Conversion of perimeter landscaping to private yard area
is prohibited.
(2) Street trees on public streets shall be per city approved tree list.
(3) Street trees on private access drives shall be per city approved tree list.
20.44.020L Homeowners Association Incorporation
Prior to the recording of the subdivision, the applicant shall provide evidence that the
homeowner's association had been incorporated pursuant to the laws of the State of Washington,
including the filing of the association's articles of incorporation with the Washington Secretary of
State. In the event the homeowner's association should cease to be a corporation under the laws
of the State of Washington and as required by this section, such association shall continue as an
unincorporated association governed by the Washington Uniform Common Interest Act (RCW
Chapter 64.90).
20.44.20M Covenants and Maintenance
(a) Covenants and Homeowners Association. The applicant shall provide a preliminary draft of
covenants, declarations and restrictions with the subdivision application for review as part of the
subdivision. Prior to the recording of the subdivision, the applicant shall provide final covenants,
declarations and restrictions in a form satisfactory to the city attorney, which shall be recorded
with the county auditor's office providing that the homeowner's association shall be subject to and
ORDINANCE 2022-019 7
comply with:
(1) Such covenants, declarations and restrictions;
(2)The Washington Uniform Common Interest Act (RCW Chapter 64.90);
(3)The applicable Washington corporation statute;
(4) Any applicable provisions of the city code including, but not limited to, subsections (b)
and (c) of this section below.
(b) Maintenance of Private Common Areas and Infrastructure. All common open space and
recreation areas and all private utility infrastructure located within a unit lot subdivision and shall
be maintained in perpetuity by the homeowner's association. Prior to the recordings of the
subdivision, the applicant shall provide the covenants, declarations and restrictions required by
subsection (a) of this section, above, for review by the city, which shall provide that the following
common areas and infrastructure are maintained by the homeowner's association in accordance
with all applicable provisions of the city code.
(1) Private access drives;
(2) Vehicle and pedestrian access easements;
(3)Joint use and maintenance agreements;
(4) Common off-street parking;
(5)Common open space (including, but not limited to, landscape areas,gardens,woodlands,
walkways, courtyards or lawns and outdoor recreation areas;
(6) Private utility infrastructure (including, but not limited to, underground utilities and utility
easement;
(7) Any other common buildings or improvements.
Said covenants, declarations and restrictions shall provide authority for the city, after providing
reasonable written notice to the homeowners association and opportunity to perform required
maintenance, to recover any costs incurred by the city to maintain private infrastructure or
common areas due to a failure of the homeowners association to adequately maintain privately
owned improvements, including a lien on the property or other appropriate assurance device,
as determined by the city.
(c) Maintenance of Lot, Buildings and Facilities, Buildings, utilities and facilities on individual unit
lots shall be maintained by the property owner in accordance with city codes and the requirements
of the covenants, declarations and restrictions applicable to the development. Prior to the
recording of the subdivision, the applicant shall provide the covenants, declarations and
restrictions required by subsection (a) of this section for review by the city, which shall provide
that buildings, utilities and facilities on individual lots shall be maintained by the property owner
in accordance with city codes and requirements of such covenants, declarations and restrictions.
20.44.20N Recorded Conditions.
Notes shall be placed on the plat recorded with the county auditor's office to acknowledge the
following:
(1) Approval of the design and layout of the unit lot subdivision was granted by the review
of the subdivision as a whole,on the parent parcel by the site development plan approval
(stating the project file number);
(2) Subsequent platting actions, additions or modifications to the structure(s) may not
create or increase any nonconformity of the parent parcel as a whole, and shall conform
to the approved site development plan;
ORDINANCE 2022-019 8
(3) If a structure or portion of a structure has been damaged or destroyed, any repair,
reconstruction or replacement of the structure(s) shall conform to the approved site
development plan;
(4) The individual unit lots are not separately buildable outside of the context of the
approved site development plan for the subdivision and additional development of the
individual unit lots may be limited as a result of the application of development standards
to the parent parcel.
20.44.030 Flexible Development Standards (FDSs).
(a) All developments using Flexible Development Standards shall have a public hearing before the
Hearing Examiner. The Hearing Examiner shall review and may approve all FDSs following a
neighborhood meeting per AMC §20.16.449235, and recommendation from the Design
Review Board on the elevations and footprints of all structures.
(b) Flexible Development Standards may only be located on tracts of at least five acres within a,
Suburban Resid�rue„tial (Residential Ultra Low Capacity (RULC),
ResideRtial Residential Low Capacity (RLC), MedeFate Density Residential
(RU-D)Residential Moderate Capacity (RMod), Residential Medium Capacity (RMC), or #jgft
RHD-)-Residential High Capacity (RHC) zoning district, or within a Master
Planned Neighborhood (§20.44.032).
(c) The gross residential density of an FDS development shall not exceed the allowable density
based on the number of dwelling units per acre. Density bonuses are expressly prohibited.
Allowable densities shall be computed for an FDS development based on the gross density
calculations of the given underlying zone, .,
.omits per gross acre..
.dam'...__ r__. gross __. _.
(d) Permissible types of residential uses within an FDS development include single-family
detached dwellings, (use r=lassifiratien 1.'114), single-family attached, (1 130), twe family
^,�.d duplexes, (1� and multi-family residences (1�regardless of the underlying
zone.
(e) In any FDS development, the developer may create lots and construct buildings with reduced
lot size, width, or setback restrictions except that:
(1) All perimeter lots shall regardless of the underlying zone meet the minimum lot width
for that zone.
(2) At least fifty percent of the total number of dwelling units in any FDS development must
be single-family detached residences on lots with a minimum lot width of fifty feet in all
zones except for the RHD-RHC zone where one hundred percent of the allowable number
of dwelling units may be detached (cottage style housing) or attached residences.
(3) FDS developments must comply with the fire protection requirements of the most current
edition as adopted by the State of Washington of the International Building Code (IBC),
International Residential Code (IRC) and the International Fire Code (IFC).
(4) Setback requirements of the underlying zone shall apply for all property lines located on
the perimeter of the FDS development. A perimeter lot shall be a lot abutting directly on
an exterior property line for the entire site.
(5) Each lot must be of sufficient size and dimensions that it can support the structure
proposed to be located on it,consistent with all other applicable requirements of this title.
(6) In the SR—RULC Zone, lots adjacent to a critical area must have a minimum of six
thousand square feet and a minimum width of 50 feet.
(7) Each lot must be designed so that any structure can be built a minimum of fifteen feet
from any environmentally critical area buffer.
(8) The maximum lot coverage specified in §20.48.064 (Maximum Lot Coverage) shall be
met on an average for all lots in the entire FDS development. Thus, in calculating the
average maximum lot coverage for a lot, the area of open space protected on that lot
through FDSs may be used. However,the developer shall state on the plat the maximum
ORDINANCE 2022-019 9
lot coverage for each individual lot so as not to create future, unforeseen inequities.
(9) The design of an FDS development, including site layout, landscaping, public facilities
(e.g. storm drainage, parks, streets, etc.) and building design shall be subject to
recommendation from the Community Development staff to the Hearing Examiner and
recommendation from the Design Review Board regarding elevations and footprints of
all structures pursuant to the City's adopted Design Guidelines Standards to the Hearing
Examiner. In lieu of the DRB approving each single- or two-family structure, the applicant
may propose project specific design guidelines consisting of elevations and footprints
for these types of structures only (multi-family residential and communal structures shall
always be approved by the DRB as part of the FDS approval). In such a case, the
project specific design guidelines standards shall be reviewed by the DRB for consistency
with the City's Design Guidelines Standards and be subject to their recommendation to
the Hearing Examiner. The Department of Community and Economic Development may
then implement them administratively when an applicant applies for building permits.
Where authority is granted by the DRB to staff to review individual single- or two-family
residential structures, the DRB shall be the arbiter between the applicant and staff.
(10) When located in the -RRULC, R1 N4DRLC, R-Mod, or RIVID-RMC zone, multi-family
portions of an FDS development shall be situated more toward the interior rather than
the periphery of the tract, or along an adjoining arterial street, so that the single-family
detached residences border adjacent properties that are zoned for single-family
residential uses.
(11) Screening requirements (Chapter 20.76) shall apply to the exterior boundaries of an
FDS development but are not required between uses within an FDS development.
(12) When creating an FDS development, residential subdivisions and multi-family projects,
the amount of land -saved by creating lots that are smaller than the standards set forth
in §20.48.010 (Minimum Lot Size Requirements) shall be set aside as open space. This
open space shall be a minimum of ten percent of the site and shall be improved with
common amenities. The amenities can include, but are not limited to usable open space
area, landscaped entries into the project (in addition to the standard roadway dedication
and landscaping requirements), courtyards, landscape islands in the center of roads,
additional protection of significant clusters of trees, low impact designs (rain gardens),
additional improved park space, or other amenities as may be appropriate. Of the ten
percent of open space required, twenty-five percent of the total may include protected
sensitive areas and their buffers. The Hearing Examiner shall be given deference in
determining what amount and mix of such amenities counts toward this requirement as
long as the minimum threshold is met. In addition, the applicant shall meet the
Comprehensive Plan for open space and park land, as well as all applicable Land Use Code
requirements.
(13) In the R1 AAD-RLC and SR-RULC zones, low impact development street standards and
low impact development techniques for stormwater management shall be used
wherever possible.
(14) The purpose of this section is to provide flexibility, consistent with the public health
and safety and without increasing overall density, to the developer who subdivides
property and constructs buildings on the lots created in accordance with a unified and
coherent plan of development or the developer who constructs within the R#D RHC zone.
20.44.032 Master Planned Neighborhood Development (MPND).
(a) In any Master Planned Neighborhood district (§20.36.054, Master Planned
Neighborhood Overlay District Established) no development may be permitted until the
developer has prepared and received approval of a master plan for the entire area
included in the MPN district.
(b) Since the approval of a master plan affects the zoning, and thus use of the property, said
master plan shall be processed as an amendment to this Title (Chapter 20.96).
(c) No area of less than twenty contiguous acres may be planned through a MPN approval
ORDINANCE 2022-019 10
process, and then only (i) upon the request of the owner or majority of owners of all
the property intended to be covered by such an overlay zone, or (ii) by the City Council in
implementing the MPN land use designation pursuant to subsection (d). Approval of MPNs
is achieved through a rezone process.
(d) The MPN district shall be used on any land with a Master Planned Neighborhood land
use designation as shown on the Comprehensive Plan Land Use Map. If property is
placed in an MPN district by the Council prior to a master plan being developed
(§20.44.032 (Master Planned Neighborhood Developments), it shall not show the
individual elements until the master plan is approved.
(e) For areas designated Master Planned Neighborhood in the Comprehensive Plan, MPND
approval may be sought prior to or after annexation to the City. However, in the case where
MPND approval is not approved prior to or concurrent with annexation the entire
annexation area shall be zoned Suburban Residential until such time that an MPND is
approved.
(f) At a minimum the master plan shall identify:
(1) The locations and sizes of the districts as follows:
(i) One element of each MPN district shall be the low-density residential element.
Here there is one possibility, using the SVbi Residential Ultra
Low Capacity district described in §20.36.010 (Residential Districts Established).
Within that portion of the MPN zone that is developed for low-density
residential purposes, all development must be in accordance with the
regulations applicable to the S"t+rban ResidentiaMesidential Ultra Low Capacity
district. Within any MPND, not less than fifty percent of the total area may be
developed for lower density residential (Subur"a^ ResidentialResidential Ultra
Low Capacity) purposes.
(ii) A second element of each MPN district may be the medium to higher density
residential element. Here there are three—four possibilities, each one
corresponding either to the Residential Low ei i yCapacity, the
Residential Moderate Dens+tyCapacity, Residential Medium, or the Residential
High-DeRsity Capacity ResideRtial zoning districts described in Subsection
20.36.010(6� (Residential Districts Established). Within that portion of the
MPN district that is developed for medium or higher density residential
purposes, all development must be in accordance with the regulations
applicable to the residential district to which the particular MPN zoning district
corresponds.
(iii) A third element of each MPN district may be the commercial element. Here
there is one possibility, corresponding to the Neighborhood Commercial district
identified in §20.36.020 (Commercial Districts Established). Within that portion
of a MPN district that is developed for purposes permissible in a NC district, all
development must be in accordance with the regulations applicable to the NC
district.
(iv) A public services/facilities element may be a fourth element of any MPN district.
Here uses permitted within the Public/Semi-Public district would be permitted
within the MPN district. If a P/SP element is included, then within that
portion of the MPN district that is developed for purposes permissible in a P/SP
district, all development must be in accordance with the regulations applicable
to the P/SP district.
(2) The approximate locations, types, and sizes of public facilities and amenity areas
f (e.g., parks, schools, open space, common landscaped areas, etc.);
(3) Conceptual infrastructure plans (e.g., location, types, and sizes of streets, sewer,
water, stormwater, etc.);
(4) Compliance with those portions of the City's Development Design Guidelines
Standards having to do with neighborhood design pursuant to Chapter 20.46, Design;
ORDINANCE 2022-019 11
(5) Public infrastructure financing strategies (including any improvements to existing on-
or off-site facilities necessary to support the MPND); and
(6) An anticipated phasing and/or build out schedule, subject to an analysis of
service capacity by the City.
(g) Unless the City's SEPA Responsible Official determines otherwise, the applicant shall
develop a programmatic Environmental Impact Statement for the MPN permit.
Subsequent development permits may then rely on this EIS to the extent feasible to
minimize additional SEPA review. It shall be the intent of the City that during subsequent
permitting no additional SEPA review would be required for any action or impact analyzed
in the programmatic EIS, unless unforeseen or extraordinary environmental issues arise.
(h) In a Master Planned Neighborhood Development, once the master plan is approved and
zoning districts assigned per (f)(1), the developer may make use of the land for any
purpose authorized in those particular districts, subject to the provisions of the master
plan and this title.
(i) In those areas of the MPND assigned to the SuburbaR Residential distFhEtResidential Ultra
Low Capacity, lots adjacent to critical areas may be reduced in size and width to a
minimum of six thousand square feet and a width of sixty feet so long as the standard of
§20.48.030(a) (Lot Shape and Minimum Lot Widths) is met and so long as a gross density
of four dwelling units per acre is not exceeded.
(j) As indicated in the Tables of Permissible Uses (§29 nn n,n T' ble of ram;issiblese-,)—, a
Master Planned Neighborhood Development (use class+fieat+en 39iAA)—is the only
permissible use of a MPN district, and Master Planned Neighborhoods are permissible
only in such zones.
(k) In approving the MPND the Council may require that the MPND comply with any site-
specific development regulations that the City may develop.
20.44.034 Wireless Communications Facilities.
(a) Purpose. This section is intended to provide for a wide range of locations and options for
wireless communication providers while minimizing the visual impacts associated with
wireless communication facilities. It is also intended to encourage creative approaches in
locating wireless communication facilities so as to encourage facilities to blend in with the
surroundings of such facilities. This section is intended to work in concert with other sections
of this code. If there is a conflict between Wireless Facilities and other sections of this Title,
then the most restrictive requirements apply.
(b) General Wireless Communication Facilities Development Standards.
Unless other modified by subsequent subsections, all Wireless Communication Facilities
shall be subject to the following standards and requirements.
(1) Co-location on an existing support structure shall be encouraged. All Wireless
Communication Facilities support structures shall be built to accommodate the location
of two or more wireless communications facilities unless proved infeasible. It shall be a
continuing condition on all land use permits issued for a Wireless Communication Facility
that the permit holder allows co-location for reasonable compensation. Co- location on an
existing support structure shall be permitted without an additional permit, provided there
is not substantial change to the existing support structure.
(2) Except for Micro- and Mini- Facilities, shelters or cabinets used to house radio electronics
equipment and the associated cabling connecting the equipment shelter or cabinet to
the facility support structure shall be concealed, screened, camouflaged or placed
underground.
(3) Wireless communication facilities shall be integrated through location and design to
blend in with the existing characteristics of the site to the extent practical. Existing on-
site vegetation shall be preserved or improved, and disturbance of the existing
topography shall be minimized, unless such disturbance would result in less visual
ORDINANCE 2022-019 12
impact of the site to the surrounding area.
(4) Federal Aviation Administration Jurisdiction. All applications for telecommunications
facilities regulated by this section must comply with all FAA requirements pertaining to
operations of a telecommunications device on or near the Arlington Airport. It is the
responsibility of the applicant to be familiar with and meet relevant FAA regulations.
(5) All wireless telecommunications facilities are subject to §20.44.210 (Noise).
(6) Signals emanating to or from wireless communications equipment shall conform to
current FCC regulations with regard to avoiding the creation of interference to
neighboring electronic or other operating devices.
(7) FCC Preemption. In any proceeding regarding the issuance of a permit under the terms of
this section, federal law prohibits consideration of environmental effects of radio
frequency emissions to the extent that the proposed facilities comply with the Federal
Communications regulations concerning such emission.
(c) Development Standards for Micro Facilities.
(1) Micro Facilities shall comply with §20.48.060 (Building Height Limitations), except when
installed completely within appurtenant structures exempted by Subsection (c) of that
section.
(2) The permitted antenna height includes the wireless communication facility support
structure.
(3) Structures that are nonconforming with respect to height may be used for the placement
of Micro Facilities providing they do not extend more than six feet above the existing
structure. Placement of an antenna on a nonconforming structure shall not be
considered to be an expansion of the nonconforming structure.
(4) A Micro Facility shall be located on existing buildings, poles, or other existing support
structures, but only if the interior wall or ceiling immediately adjacent to the facility is not
designated residential space.
(5) The shelter or cabinet used to house radio electronic equipment shall be contained
wholly within a building or structure, or otherwise appropriately concealed, camouflaged
or located underground.
(6) In R I AADRLC, and R—MDRMC zones, Micro Facilities for a specific wireless provider shall
be separated by a distance of at least one thousand three hundred twenty linear feet
from other wireless communications facilities.
(7) The facility shall also comply with the requirements of Subsection (b).
(d) Development Standards for Mini Facilities.
(1) Mini Facilities shall comply with §20.48.060 (Building Height Lirnitations) except as follows:
Omni directional antennas may exceed the height limitation by ten feet, or in the case on
nonconforming structures, the antennas may extend ten feet above the existing structure.
Panel antennas may exceed the height limitation if affixed to the side of an existing
nonconforming building and blends in architecturally with the building. Placement of an
antenna on a nonconforming structure shall not be considered to be an expansion of the
nonconforming structure.
(2) A Mini Facility may be located on existing buildings, poles, or other existing support
structures, but only if the interior wall or ceiling immediately adjacent to the facility is not
designated residential space.
(3) The shelter or cabinet used to house radio electronic equipment shall be contained
wholly within a building or structure, or otherwise appropriately concealed, camouflaged
or located underground.
(4) The facility shall also comply with the requirements of Subsection (b).
(e) Development Standards for Macro Facilities.
(1) Macro Facilities shall comply with §20.48.060 (Building Height Limitations), except as
follows: Omni directional antennas may exceed the height limitation by fifteen feet, or in
the case of nonconforming structures, the antennas may extend fifteen feet above the
existing structure. Panel antennas may exceed the height limitation if affixed to the side
of an existing building and architecturally blends in with the building. Placement of an
ORDINANCE 2022-019 13
antenna on a nonconforming structure shall not be considered to be an expansion of the
nonconforming structure.
(2) The Macro Facility shall be the same color as the existing building, pole or support structure
on which it is proposed to be located unless the permit-issuing authority makes
findings that a different color would be less intrusive and better blend with the existing
structure.
(3) A Macro Facility may be located on existing buildings, poles, or other existing support
structures, but only if the interior wall or ceiling immediately adjacent to the facility is not
designated residential space.
(4) The facility shall also comply with the requirements of Subsection (b).
(f) Development Standards for Monopole I.
( 1 ) Macro facilities are the largest wireless communication facilities allowed on a Monopole
I. Antennas equal to or less than fifteen feet in height or up to four inches in diameter
may be a component of a Monopole I facility.
( 2 ) Monopole I facilities are exempt from §20.48.060 (Building Height Limitations). The
maximum height for a Monopole II facility support structure shall be sixty feet.
Antennas may extend above the Monopole I wireless communications support structure
another fifteen feet, making the maximum permitted height of the support structure
and antennas seventy-five feet (sixty feet plus fifteen feet).
( 3 ) Monopole I facilities shall be separated from other wireless communications facilities
by a distance of at least five hundred feet.
( 4 ) Monopole I facilities are not allowed within three hundred feet of a residential zone.
( 5 ) Monopole I facilities must comply with FAA Part 77 regulations.
( 6 ) The facility shall also comply with the requirements of Subsection (b).
(g) Development Standards for Monopole 11.
(1) Monopole II facilities are only permitted in the portion of the General Industrial
(GI) district east of 67th Avenue NE and south of 204th Street NE, and the entire
Highway Commercial (HQ Zone.
(2) Macro facilities are the largest permitted wireless communication facilities allowed on
a Monopole II facility.
(3) Monopole II facilities are exempt from §20.48.060 (Building Height Limitations). The
maximum height for a Monopole II facility support structure shall be one hundred
fifty feet. Antennas may extend above the Monopole II wireless communications
support structure another fifteen feet, making the maximum permitted height of the
support structure and antennas one hundred sixty-five feet (one hundred fifty feet plus
fifteen feet).
(4) Monopole II facilities shall be separated from other wireless communications facilities
by a distance of at least five hundred feet.
(5) Monopole II facilities are not allowed within three hundred feet of a residential zone.
(6) Monopole II facilities must comply with FAA Part 77 regulations.
(7) The facility shall also comply with the requirements of Subsection (b).
(h) Modification of Existing Facilities. Minor modifications to existing wireless communications
facilities and attached wireless communications facilities,whether emergency or routine, are
exempt from having to obtain a land use permit so long as there is little or no change in the
visual appearance. Minor modifications are those modifications, including the addition of
antennas, to permitted wireless and attached wireless communications facilities that meet
the requirements set forth in this section.
(i) Obsolescence. A wireless communications facility or attached wireless communications
facility shall be removed by the facility owner within six months of the date it ceases to be
operational or if the facility falls into disrepair.
ORDINANCE 2022-019 14
20.44.035 Administrative Conditional Use Permit for Homeless Encampments
(a) This section establishes a mechanism whereby the City may, for a period not to exceed ninety
days, permit homeless encampments that would not otherwise be permitted in the zone in
which they are proposed.
(b) Administrative conditional use permits for homeless encampments shall follow the public
notification process as described in section 20.16.1-99220(e).
(c) The City may grant an administrative conditional use permit only if it finds that:
(1) The proposed use will not be materially detrimental to the public welfare or injurious to
the property or improvements in the immediate vicinity; and
(2) The proposed use or site plan is not otherwise allowable in the zone in which it is
proposed.
(3) Homeless encampments shall be located on existing sites owned or controlled by
churches within those zones in which a church is a permitted use under AMC
20.40:940, Tables of Permissible 5.200.
(d) The City shall establish density and dimensional standards as part of the approval process of
each administrative conditional use permit. The City will use the nature of the proposed use
and the character of the surrounding area as guides in establishing these standards.
(e) The City shall not grant an administrative conditional use permit at the same site more
frequently than once in every three hundred sixty-five-day period. The City may only grant
an administrative conditional use permit for a specified period of time, not to exceed ninety
days.
(f) No more than one homeless encampment may be located in the City at anytime.
(g) In addition to the foregoing requirements and standards, the following definitions and
standards apply to homeless encampments.
(1) Definitions
(A) Homeless Encampment — A group of homeless persons temporarily residing out of
doors on a site with services provided by a Sponsor and supervised by a Managing
Agency.
(B) Managing Agency — An organization that has the capacity to organize and manage a
homeless encampment. A-Managing Agencyll may be the same entity as the Sponsor.
(C) Sponsor — An entity that has an agreement with the Managing Agency to provide
basic services and support for the residents of a homeless encampment and liaison
with the surrounding community and joins with the Managing Agency in an application
for a temporary use permit. A -Sponsorll may be the same entity as the Managing
Agency.
(2) Standards
(A) The encampment shall be located a minimum of thirty (30) feet from the property line
of an abutting residential zone.
(B) Type A sight-obscuring landscaping and/or fencing shall be required around the
perimeter of the homeless encampment unless the Community and Economic
Development Director determines that there is sufficient vegetation, topographic
ORDINANCE 2022-019 15
variation, or other site conditions such that fencing would not be needed.
(C) All exterior lighting shall be directed downward and contained within the homeless
encampment.
(D) The maximum number of residents within a homeless encampment is one hundred.
(E) Off street parking shall be provided for the additional vehicles and shall not
create a shortage of existing required parking.
(F) No permanent structures will be constructed for the homeless encampment.
(G) A transportation plan is required which shall include provisions of transit services.
(H) The homeless encampment shall be located within one-half mile of transit service.
(1) No children under eighteen are permitted in the homeless encampment. If a child
under the age of eighteen attempts to reside at the camp the Sponsor or Managing
Agency shall contact Child Protective Services.
(J) No animals shall be permitted in encampments except for service animals.
(K) The Managing Agency shall enforce a code of conduct. All homeless encampment
residents shall sign an agreement to abide by the code of conduct prior to being
admitted to the encampment. If a resident fails to abide by the code of conduct, the
Managing Agency shall expel the resident from the property. The code shall contain
the following as a minimum:
(i) No drugs or alcohol;
(ii) No weapons;
(iii) No violence;
(iv) No trespassing onto private property in the surrounding neighborhood;
(v) No loitering in the surrounding neighborhood; and
(vi) Quiet hours.
(L) The Sponsor or Managing Agency shall keep a log of all people who stay overnight
in the encampment, including names and birth dates, and dates of stay. Logs shall
be kept a minimum of six months.
(M) The Sponsor or Managing Agency shall take all reasonable and legal steps to obtain
verifiable ID, such as a driver's license, government-issued identification card, military
identification, or passport from prospective and existing encampment residents.
(N) The Sponsor or Managing Agency will use identification to obtain sex offender and
warrant checks from the Washington State Patrol, the Snohomish County Sheriff's
Office or relevant local police department.
(i) If said warrant and sex offender checks reveal either (1) an existing or
outstanding warrant from any jurisdiction in the United States for the arrest of
the individual who is the subject of the check; or (2) the subject of the check is a
sex offender, required to register with the County Sheriff or their county of
residence pursuant to RCW 9A.44.130,then the Sponsor or Managing Agency will
reject the subject of the check for residency to the homeless encampment or
eject the subject of the check if that person is already a homeless encampment
ORDINANCE 2022-019 16
resident.
(ii) The Sponsor or Managing Agency shall immediately contact the police
department if the reason for rejection or ejection of an individual from the
homeless encampment is an active warrant. In other cases of rejection or
ejection, the designated representative of the Sponsor or Managing Agency shall
immediately provide the facts leading to such action to the Arlington Police
Department and the Snohomish County Sheriff's Office.
(0) The Sponsor or Managing Agency shall self-manage its residents and prohibit alcohol,
drugs, weapons, fighting, and abuse of any kind, littering, or disturbing the neighbors
while located on the property.
(P) The Sponsor or Managing Agency will appoint a designated representative to serve
-on-dutyll as an Encampment Manager at all times to serve as a point of contact for
the Police Department and will orient the Police as to how the security tent operates.
The names of the on-duty designated representative will be posted daily in the
security tent. The City shall provide contact numbers of non- emergency personnel
which shall be posted at the security tent.
(Q) The property must be sufficient in size to accommodate the tents necessary on- site
facilities, including, but not limited to the following:
(i) Sanitary portable toilets in the number required to meet capacity guidelines;
(ii) Hand washing stations by the toilets and by the food areas;
(iii) Refuse receptacles; and
(iv) Food tent and security tent.
(R) The Managing Agency shall ensure that legal connections to the City's public water
and sanitary sewer systems are obtained and must be in compliance with all state
and local requirements. The Managing Agency shall ensure compliance with fire and
building regulations.
(S) The homeless encampment shall conform to the following fire department
requirements:
(i) There shall be no open fires for cooking without pre-approval by the Fire
Department and no open fires for heating;
(ii) No heating appliances within the individual tents are allowed without pre-
approval by the Fire Department;
(iii) No cooking appliances other than microwave appliances are allowed in
individual tents;
(iv) An adequate number, with appropriate rating, of fire extinguishers shall be
provided as approved by the Fire Department;
(v) Adequate access for fire and emergency medical apparatus shall be provided.
This shall be determined by the Fire Department;
(vi) Adequate separation between tents and other structures shall be maintained
as determined by the Fire Department; and
(vii) All electrical installation shall comply with all national, state and local codes.
Electrical cords are not to be strung together and any cords used must be
approved for exterior use.
(T) The Sponsor and Managing Agency shall permit inspections by City staff at
ORDINANCE 2022-019 17
reasonable times without prior notice for compliance with the conditions of the
Homeless Encampment Permit.
20.44.037 Administrative Conditional Use Permits for Temporary/Seasonal Use or Special Event
(a) This section establishes a mechanism whereby the City may issue a permit to allow a use to
be temporarily conducted that would not otherwise be permitted in the zone in which it is
located. It is intended to permit seasonal and special events, carnivals and/or fairs that
would not be permitted in the zone in which they are proposed.
(b) An application for an administrative conditional use permit will be reviewed and approved
by the Community and Economic Development Director.
(c) The City may grant an administrative conditional use permit only if it finds that:
(1) The proposed use or site plan will not be materially detrimental to the public welfare
or injurious to the property or improvements in the immediate vicinity; and
(2) The Proposed use or site plan will be consistent with the intent of the underlying zone,
including the Airport Protection District and Critical Areas.
(3) Permits for temporary events shall be located in zones that are
consistent with permanent facilities found in Chapter 20.40 Table of Permissible Uses.
Examples include Horticultural Sales with Outdoor Display allowed in NC, GC, HC, and GI
zones. Example: Motor Vehicle Sales or Rental; Mobile Home Sales allowed in OTBD2,
OTBD3, GC, and HC zones.
(d) The City shall establish density and dimensional standards as part of the approval process of
each administrative conditional use permit. The City will use the nature of the proposed
use and the character of the surrounding area as guides in establishing these standards. A
parking lot plot plan, including provisions for handicap parking, will be required with each
submittal. A plan for circulation, traffic control and portable restroom facilities will be
required.
(e) The City shall not grant an administrative conditional use permit (for a seasonal event) at
the same site more frequently than twice in a three hundred sixty-five day period. The
City may only grant a permit for a specified period of time, not to exceed more than two
seasonal events each year with each seasonal event lasting no longer than thirty days. As
an option, a property owner may process a special event permit a-Rd not to exceed more
than six special events each year with each special event lasting no longer than ten days. In
any case, the combination of seasonal and special events shall not exceed sixty days per
year.
(f) If the proposed use is a sale or other event which will generate sales tax, approval from
the Department of Revenue shall be required prior to permit issuance.
(g) Exceptions. Temporary staging facilities for public projects may be approved for a time
period not to exceed the duration of their construction.
20.44.040 Temporary Emergency. Construction, or Repair Residences.
(a) Temporary residences used on construction sites shall be removed immediately upon the
completion of the project.
(b) Permits for temporary residences to be occupied pending the construction, repair, or
renovation of the permanent residential building on a site shall expire within six months after
the date of issuance, except that the Community and Economic Development Director
may renew such permit for one additional period not to exceed three months if he
determines that such renewal is reasonably necessary to allow the proposed occupants of
the permanent residential building to complete the construction, repair, renovation, or
restoration work necessary to make such building habitable.
20.44.042 Accessory Dwelling Units (ADU).
(a) An ADU may be either attached or detached to a primary residence-
ORDINANCE 2022-019 18
(ab) Only one detached ADU per detae#ed-single-family_residence is allowed.
(c)Two detached ADUs per two-family residence (duplex) is allowed, one per each side.
erg
(c) One attached ADU and one detached ADU may be located on a lot of 4,500 square feet or more
in a zone that allows for single-family homes
Fy FesideRee E)F meFe than A to-t-al of eight hWRdFed square feet, which or is lesser,les �r
lass than three hundred square feet
(d) The ADU shall not be more than 850 square feet on a lot with 4,500 square feet or less.
(e) The ADU shall not be more than 1,350 square feet combined between an attached and
detached accessory dwelling unit on a lot with 4,500 square feet or more, except that an
attached ADU may be limited to half the size of the principal residence, and public health,
safety, building code, and environmental permitting requirements applicable to the primary
residence may be required of the accessory dwelling unit.
(#f) The primary entrance to the ADU shall be subordinated to the main home entry and located
in such a manner as to be unobtrusive from the street.
(eg) Any additions should be consistent with the architectural character of the home and comply
with the design standards for the zone in which the ADU is located. Materials, roof forms, and
window proportions shall match that of the existing building.
(fh) -Any major exterior additions or alterations should be located to the rear of the home. Any
necessary fire egress stairs shall be located so that they are not visible from the street.
(gi) The required off-street parking shall be located to avoid negative impacts to neighbors and
community character.
li) The required off-street parking is exempt if the ADU is located within a quarter mile of a major
transit center.
20.44.044 Recreational Vehicles as Temporary Dwelling Units.
(a) Except where permitted pursuant to Subsection (b) of this section er-§20.44.8
Tr-,filer o-,rkg,, no recreational vehicle shall be occupied for residential or commercial purposes
anywhere in the City of Arlington except:
(1) In the case of temporary uses per §20.44.040 (Temporary Emergency, Construction, or
Repair Residences); or,
(2) Visitors may occupy recreational vehicles within residential zones for a period not to
exceed seven days, provided:
(A) Temporary occupancy shall not exceed seven days in forty-five-day period;
(B) Under no circumstances shall a recreational vehicle be occupied while parked
overnight on a public street, alley, right-of-way, or other public property;
(C) No recreational vehicle shall be serviced by a temporary or permanent sewer hook-
up emptying into the City's system or a private septic system; and
(D) Nor shall any space be provided for an occupied recreational vehicle for monetary or
other compensation.
(b) The Responsible Official may allow the gathering of three or more travel trailers, motor homes
or campers of an organization or for a special event by issuance of a revocable permit. Such
permit shall be issued when an application is made seventy-two hours in
advance of the visit, and contains:
(1) The dates of the stay, not to exceed seven days in a three-month period unless
otherwise allowed by the Special Event Permit;
(2) The maximum number of vehicles;
(3) The location of the stay, including the permission of property owners in the case
of private property;
(4) The name and address of the organization and/or the responsible party;
ORDINANCE 2022-019 19
(5) The notarized signature of the applicant.
Ise-narL.
r•t., at„r,
vendeFSj
(3) Parking ell ;
(4) E!eGtFmrzal
(b) 75upplemeptGi Appiic-Gtien Requirengents. in addition to other items Fequ*Fed by this Title f&F
a f)4. applicant Tie
(1) Size, leeatinn and r mb-p-r .,F tr-yel trailer spaces;
,
,
(4}�eEatie ,
(,5�11e ef ,
1�TTi and Fe and fore Feventien facilities,
(c) Site Aranrl Gn SpGc-e Size
^..,^�I
Maximum A-f Travel T-Faaler PaFks. The maximum V1N�YL1
tFamleF paF'( Shall .,hn Fin
94
Size and Identification of PaFk;Rg Spaces. The mkiornum si-7e A-f all travel tFaileF spaces-
shall be e;ip- squaFe feet. Each travel tFaileF spaee shall be ;dP—Atified vAt
r�, .beF in l f11fF�?E?f#C�l .
�!
ac-e
5;A- th.'at the-Fe well be a minimurn of eight feet bPW;P,-A th�, tr;wpl trailers and so tha
site
must be designated --ppe- space. Up te fift, ef thus open space ma
rsti-ctures. AIr
be and usable by all Fesiddeents A-f the paFk feF passive and -;4.r-t;ve n-.
reads neF the bulk steFage, guest, unit paFking aFeas, eF seFv4ee bwoldongs r=aR he
inc-luded as epeR space.
; el tFa+aeF space. Each access read
shall cennect with a publve street P-F highway, have a miRimum width ef twenty
feet and Shal' be �.AVP-ll Markp-rd in t4e daytime and adequately lighted a"ilpht. Traffic
patterns shall be reduced te ene way tFaffie.
oNl1,.13. €1Ferycl teF S6cn[l
bLji!E!*Rgs adequately equipped vAth flush type teilet fixtures, lavateFies, sheweFS (sepaF
feF the sexes), and lawndFy calities.ServiEe buildings shall
hundied feet, and net less than eight feet, fFem any RV/TFavel T-FaileF space. Servo
ORDINANCE 2022-019 20
' �d d-te(leer
(}-4ei , sJie ,
met WateF shall be supplied at a 14
(5) The Rlavatory, 'li*in in each se Fviee
�building shall be twe�^ ilets fer the femalec ene t-Aap-+ fA- +he males,E)np --rim;d f9F
t e
lit.. These facilitinc
sfialTmeet all Fe ement -peF -4
requrn..._.n.t_c_,.
. ��^e
separate,
e nCP'ITI"l7'R e e s..
i
(f-} AFavel-�+l
public sewer system that meets the St-RAd—ards ef the City's Publie c Department
Adapters, AewinRV/1-1-1 fa„cr
opeF ter feF the use by rats:
(g) De{„cn ll:c
feet-ffem a►}y-tFa,,el rr-,�i
tFailer paF!( 1 be maRaged in a manner so as not te eFeate a health hazards eF ii6iisaneces.
n-every-RV/tFavel tFailer park there shall -he installed and- FAa*1#a*
h
20.44.048 Temporary Public Structures.
Public agencies may erect and use temporary structures (e.g., portable school classrooms, civic
uses, emergency command centers, health and social services centers, etc.) upon
demonstrating that such a use is in the public benefit and that the use is temporary in nature.
Unless permanently allowed by a land use permit for the entire site, permits for temporary public
structures shall expire one year after issuance, but may be renewed annually by the Community
and Economic Development Director upon demonstration of demonstrated public benefit and
that the structures and surrounding grounds are kept in a clean and orderly state.
20. 44. 060 Minimum Parcel Sizes for Najss "A", "B", er "C" Manufactured and Mobile Homes.
In the SwhwhATResidential Ultra Low Capacity, Residential Lowj medeFate Densit,-Capacity, and
Residential Moderate Densit Capacity,Residential 4ighh sty, ,Cuss--A,!}
-13,11 eF -C}{ mobile Mobile homes are only allowed pursuant to §20.40:840 (Tables of Permissible
Uses) and on parcels of the following minimum size:
Single Manufactured or Mobile Homes Use Class 1.112, 1.113, Gr 1.114 icinel mebile heF }
1 acre
Manufactured or Mobile Home Parks Use Class 1.122 rmebife hernepa 5 acres
20.44.062 Mobile Home Parks.
(a) Pursuant to §20.48.020 (Residential Density), mobile home parks are exempt from maximum
density requirements. They may achieve whatever density achievable so long as they meet all
ORDINANCE 2022-019 21
the requirements of this Title.
(b) The minimum parcel size for mobile home parks is regulated by §20.44.060 (Minimum
Parcel Sizes f or Cuss -A '�13,11 9F -G;—Manufactured or Mobile Homes Parks).
Individual spaces within a mobile home park may not be subdivided.
(d) The total lot coverage by structures in a mobile home park shall not exceed forty-five
percent of the site area.
(e) The maximum number of units allowed in a single mobile home park or combination of
adjacent parks shall be one hundred seventy-five (175) units. Mobile home parks shall be
considered to be adjacent to one another unless they are completely separated by unrelated
land use, and not merely by a public or private street, easement or buffer strip.
(f) All internal roads shall be paved. One-way roads shall have a minimum of a twelve-foot
travel lane. Two-way roads shall have a minimum of two ten-foot travel lanes. All cul-de-
sacs and turnarounds shall meet City cul-de-sac and turn-around standards.
(g) In addition to any screening requirements ofChapter 20.76 (Screening & Shading), a
minimum of five percent of the site shall be held as common area, evenly distributed
throughout, and adequately landscaped. Such common area shall include any entryway(s)
into the mobile home park,which shall be landscaped to Type B, Semi-Opaque standards(see
§20.76.040, Descriptions of Screens).
(h) All mobile home parks shall have an on-site Manager.
(i) Site plans for mobile home parks shall state for each pad whether it is intended for a singlewide
or doublewide mobile home.
(j) Internal minimum setbacks within a Mobile Home Park for individual units shall be ten
feet from an internal roadway, parking, or other common area and five feet from the lines
dividing leasable spaces.
20.44.064 Trade or Vocational Schools in the OTBD-1.
Trade or vocational schools are permissible in the OTBD-1 District on the second or higher
floors only.
20.44.066 Outdoor Storage S • ac-e-,-for Scrap Materials Salvage Yards, Junkyards, Automobile
Graveyards arm—Automobile Recycling Facilities, Construction Yards, and Industrial or
Manufacturing Uses.
(a) General Requirements.
(1) All storage areas shall be located between the rear property line and the primary
structure on the site; no storage shall be located between the structure and a public
or private street.
(2) Outdoor storage shall not be permitted over or take away required parking stalls.
(3) Outdoor storage shall not be permitted on undeveloped lots.
(4) For construction vards and industrial or manufacturing uses, outdoor storage shall
consist of supplies materials and/or equipment that are in working and usable
condition
(b) ¢a3 Outdoor Storage Surface.
(1) All storage areas feF scrap mateFials, salvage yaFds, junkyaFds,
aft ante le FecycliRg f,cilities—shall be graded and surfaced with asphalt,
concrete or other material that will provide equivalent protection against soil,
groundwater, surface water, and aquifer contamination, and potholes, erosion, and
dust. Specifications for surfaces meeting the standard set forth in this subsection
are contained in the Public Works Construction Standards and Specifications.
QL{I.-)—Storage areas shall be properly maintained in all respects. In particular, and
without limiting the foregoing, storage area surfaces shall be kept in good condition
(free from potholes cracks, breaks or other defects that would allow contaminants to
ORDINANCE 2022-019 22
penetrate).
(c) Storage Screening.
(1) {c} All outdoor storage areas under Dnrnniccir,rn Use C O0-shall be
screened pursuant to Chapter 20.76 (Screening and Shading) and fenced pursuant to
Chapter 20.46 (Design) and Chapter 20.48 Density and Dimensions).
20.44.068 Adult Family Home
(a) A new adult family home is required by Chapter 20.40 to obtain a zoning permit.
(b) The adult family home shall comply with all Washington State regulations.
(c) The adult family home shall comply with the International Building Code, International
Residential Code, and the International Fire Code.
(d) The adult family home shall obtain a business license from Washington State and the City.
(e) The applicant shall provide the following for compliance:
(1) Zoning Permit application form and checklist. Type of permit determined above in section
20.44.068 (a) and M.
(2) Site Plan showing all changes within the structure, including the layout, ADA accessibility,
the number of proposed bedrooms, number of proposed beds, square footage of each
bedroom, and access to all common areas, including but not limited to kitchen, living room,
dining room, restrooms, and laundry rooms.
(3) Site Plan showing all changes outside the structure, including parking spaces per the
required parking listed in Chapter 20.72, ADA access and improvements, emergency vehicle
access, along with general ingress and egress to and from the site.
20.44.070 Homes Emphasizing Special Services, Treatment, or Supervision.
This section applies to all like uses in Chapter 20.40, Tables of Permissible Uses 1.400 use
(a) In addition to other applicable standards, no 1.400 .,re ^'^ use,with the exception of adult
family homes, shall be located closer than one-thousand two-hundred feet, measured from
property lines, from another such use. For the purpose of this section, a development shall
be defined as a building or group of buildings on a single parcel of land. This provision is
intended to prevent the creation of a de facto social service district.
(b) Facilities shall be maintained to conform to the character of its neighborhood. This applies to
design, density, lot size, landscaping, or other factors affecting the neighborhood character.
This will minimize disruption of a neighborhood due to the introduction of a dissimilar
structure.
(c) All - nnn use Glass„sUses shall be licensed pursuant to any and all state requirements.
(d) Any 1.400 usesUses that may pose a potential threat to minors (e.g., sexual predator
transitional housing) shall be located no closer than twelve hundred feet, measured from
property lines, from a school, park, or other place where children can reasonably be
expected to congregate.
ORDINANCE 2022-019 23
20.44.072-Reasonable Accommodation.
(a) Any person claiming to have a handicap, or someone acting on his or her behalf, who wishes to
be excused from an otherwise applicable requirement of this Land Use Code under the Fair
Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b), or the Washington Law Against
Discrimination, Chapter 49.60 RCW, must provide the Director of the
and ty—Community and Economic Development Department with verifiable
documentation of handicap eligibility and need for accommodation. The Director shall act
promptly on the request for accommodation. If handicap eligibility and need for accommodation
are demonstrated,the Director shall approve an accommodation which may include granting an
exception to the provisions of this Code. The Director shall not charge any fee for responding to
such a request.The Director's decision shall constitute final action by the City on the request for
accommodation, and review of that decision will be available only in court. An action seeking
such review must be filed not more than twenty-one days after the Director's decision.
(b) The accommodation provided shall be personal to the applicant and shall not run with the land;
provided, however, that a change in a residential structure necessary to accommodate the
operation of a residential care provider to the disabled may be continued by future operations
of similar facilities at the site who establish the same use within six months of the date the prior
use by disabled person or residential care provider ceases. The community and economic
development director may therefore direct that any physical change in the structure which
would otherwise be illegal under the use or bulk requirements of Title 20, Land Use Code, and
be brought into compliance six months after the date of sale or transfer of a residential structure
to a person or entity not qualifying for the protections of the Americans with Disabilities Act
("ADA"), FHA and WLAD.
20.44.080 Administrative Conditional Use Permits for Mobile Sales and Delivery.
(a) This section establishes a mechanism for whereby the City may issue a permit to allow for
mobile sales and deliveries allowed in zones consistent with the uses found in Chapter 20.40
Table of Permissible Uses.
(b) An application for an administrative conditional use permit will be reviewed and approved by
the Community and Economic Development Director.
(c) The City may grant an administrative conditional use permit only if it finds that:
(1) The proposed use and site plan will not be materially detrimental to the public welfare or
injurious to the property or improvements in the immediate vicinity; and
(2) The proposed use and site plan will be consistent with the intent of the underlying zone,
including the Airport Projection District and Critical Areas; and
(3) The site plan is required to show the following requirements: drive-thru stacking, parking,
ADA parking. landscape requirements, ingress/egress, and on-site traffic flow; and
(4) The proposed use shall provide information and the location of restroom facilities, hand
washing stations, water use, grey water disposal, and refuse receptacles; and
(5) The proposed use may be conditioned on hours of operation, duration of stay, strategies
ORDINANCE 2022-019 24
to minimize traffic congestion or pedestrian hazards, or any other concern.
(d) The City may issue and renew permits on an annual basis in conjunction with a business license.
(e) The mobile sales and deliveries use shall obtain a Washington State Business License and City
Endorsement License prior to opening for business.
4-de4ve4:��Iass 2.240 Uses) may be issued and r ne w ed en aR
aRnual basis in G=E)Rj6JAr_-tiA_.A a bySeliess license. Permits f9F Fnebile sales eF delivery uses ma
rA nrtn-.e t r-�FF i.- k)-n
stay,
20.44.082 Home Occupations.
(a) Purpose: The purpose of this section is to allow limited commercial activity incidental to
residential use of a dwelling unit while ensuring all residents freedom from excessive noise,
excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being
conducted in residential neighborhoods.
(b) Applicability: Home occupations are allowed as an accessory use to the residential use of a
single-family, multifamily, or accessory dwelling unit, subject to the requirements of this chapter.
A business license shall be required for all home occupations.
(c) Residency: The location of the home occupation must be the principal residence of the
person(s) conducting the home occupation.
(d) Standards for Home Occupations: A home occupation may be conducted if it:
(i) Is carried on by an owner or renter of the dwelling unit and, in addition, may involve no
more than two other business participants visiting the dwelling unit (or, for properties that
contain an accessory dwelling unit, visiting the property) per day. "Other business
participants" shall include non-family employees and independent contractors;
(ii) Has no outside storage;
(iii) Requires no alteration to the interior or exterior of the dwelling that changes its
residential character;
(iv) Does not involve activities, including but not limited to the use of heavy equipment,
power tools, power sources, hazardous materials, or other equipment or materials that
result in noise, vibration, smoke, dust, odors, heat, traffic, parking, or other conditions
that exceed, in duration or intensity, such conditions normally produced by a residential
use;
(v) Has, in addition to daily mail service, no more than a combined total of three commercial
and courier pickups and deliveries at the dwelling unit (or, for properties that contain an
accessory dwelling unit, the property) per day, and no more than ten such pickups and
deliveries per week. Said pickups and deliveries shall occur between the hours of 8:00
a.m. and 6:00 p.m.;
(vi) Occupies no more than twenty-five percent of the total gross floor area, or no more than
five hundred square feet of floor area (whichever is less), including any space in an
accessory structure;
(vii) No stock-in-trade or any other material associated with the home occupation shall be
ORDINANCE 2022-019 25
visible on the site;
(viii) Includes no more than six clients/customers per day and no more than two
clients/customers at any time visiting the dwelling unit (or, for properties that contain
an accessory dwelling unit,visiting the property)for goods or services. A family arriving
in a single vehicle shall be considered one (1) client. Client/customer visits to a home
occupation shall be between the hours of eight a.m. and eight p.m.;
(ix) Operates no more than one (1)vehicle,van,truck or similar vehicle.The vehicle shall not
exceed any of the following:
(1) A gross vehicle weight of ten thousand pounds;
(2) A height of ten feet; and/or
(3) A length of twenty-four feet;
The measurement of vehicle height and length shall include bumpers and any other
elements that are required by federal or state law for the operation of the vehicle on
public roads; and
(x) Shall conform to all performance standards as regulated in Part III. Performance
Standards, Chapter 20.44 Supplemental Use Regulations.
(e)The application for a home occupation shall be reviewed under the business license process.
An application for a home occupation under this section may be approved if the home
occupation:
(i) Will not harm the character of the surrounding neighborhood; and
(ii) Will not include outdoor storage and/or operation of building materials, machinery,
commercial vehicles, or tools, except if it meets the following criteria:
(1) Is appropriately screened from other properties;
(2) Does not emit noise, odor, or heat; and
(3) Does not create glare; and
(iii) Does not create a condition which injures or endangers the comfort, repose, health or
safety of persons on abutting properties or streets; and
(iv) Will not generate excessive traffic or necessitate excessive parking; and
(v) Will locate and screen any required or proposed site improvement in a manner that
minimizes its view from surrounding properties or adjacent streets.
(f) Enforcement—Upon determination that there has been a violation of any provision of this
section, the City may pursue code enforcement in accordance with the provisions of AMC
Chapter 11.01 Enforcement Provisions.
20.44.084 Stand Alone Office Uses in the General Industrial Zone.
In limited cases in the General Industrial District where a freestanding office building that is
accessory to an otherwise permissible use has existed for more than five years, and is specifically
designed so that it is not convertible to other permissible uses. , it may be used as a 3.10 use
e-laSsofieation. If the building is subdivided from the remainder of the property it must meet all
ORDINANCE 2022-019 26
other code requirements.
20.44.090 Outdoor Storage or Display of Retail Items.
Where allowed by §20.40:8470 (Tables of Permissible Uses), the outdoor storage or display of
retail items shall meet the following criteria:
(1) The outdoor retail display shall be accessory to a permitted retail use.
{�LZ) The total area allowed for outdoor storage shall be the lesser of ten percent of the
length of the primary store front times one foot, or one percent of the total square
footage of said store, but in any event at least thirty-two square feet may be
permitted;
94LI It can be reasonably demonstrated that storage will be attractively displayed, be
located adjacent to a wall or walls, and remain in the area specified for its display;
(4) The stored materials shall not be located within the public right-of-way without first
obtaining a right-of-way use permit from the City. The sidewalk shall remain clear and
provide a minimum of 44 inches in width. Retail display shall not be located within required
fire lanes or required parking stalls.
(5) Safe ingress and egress to the site, visibility for transportation, and pedestrian access shall
be maintained.
(6) Bulk storage shall only be allowed for Hardware Stores Garden Centers, Feed Stores, Tractor
Supply Stores, Co-Op Stores, or similar, where the outdoor storage is permanently located
outdoors due to the size and/or weight of the items for sale.
20.44.094 Adult Entertainment Facilities.
(a) Purpose: The purpose of this section is to delineate the locational requirements of adult
entertainment facilities within the City, and to provide a buffer between such facilities and
other facilities when the location of an adult entertainment facility could be incompatible with
other land uses.
(b) Locational and Separation Requirements.
(1) No adult entertainment facility shall be permitted to locate within the City unless the
following locational criteria are met:
(A) Adult entertainment facilities shall be prohibited within one thousand feet of any
residential zone.
(B) Adult entertainment facilities shall be prohibited within one thousand feet of any
church or religious facility or institution.
(C) Adult entertainment facilities shall be prohibited within one thousand feet of any
public or private school, training facility, or technical school that has twenty-five
percent or more of its students under the age of eighteen.
(D) Adult entertainment facilities shall be prohibited within one thousand feet of any
public park or playground.
(E) Adult entertainment facilities shall be prohibited within one thousand feet of any day
care center.
(F) Adult entertainment facilities shall be prohibited within five hundred feet of any
existing establishment selling alcoholic beverages for consumption on the premises.
(2) The distances provided herein shall be measured by following a straight line, without
regard to intervening buildings, from the nearest point of the property parcel upon which
the proposed adult entertainment facility is or is to be located, to the nearest point of the
parcel or the zoning district boundary line from which the proposed adult entertainment
facility is or is to be separated.
(3) Nothing within the locational requirements set forth herein shall preclude an adult
ORDINANCE 2022-019 27
entertainment facility from conducting more than one adult entertainment activity within
a single structure, provided the adult entertainment activity otherwise complies with this
chapter and all other City regulations.
(4) In the event an adult entertainment facility is legally established in accordance with the
requirements of this chapter,the subsequent location of any facility described in Subsection
(b)1 of this section shall not affect the conformity of the legally established adult
entertainment facility.
(c) Variances from Separation Requirements.
(1) Whenever the proponent of a business or other land use subject to the locational and
separation requirements set forth in this Chapter feels that strict application of such
requirements is not necessary to achieve an effective degree of physical separation
between the proposed business or other land use and other uses in the vicinity, the
proponents shall have the right to apply for a variance of the requirements upon payments
of the fee for the variance application.
(2) In determining when a variance should be granted, and if so, to what extent, the permit-
issuing authority shall consider the following, in addition to the general criteria for variances
established by this Title:
a. Topographical and other features of the land which provide actual separation between
the proposed business or other land use and surrounding land uses;
b. Pedestrian and vehicular circulation patterns in the vicinity of the proposed activity;
and
c. Any other fact or circumstance that has a significant effect upon the need for the full
separation distance required by this Chapter.
(3) If after considering these criteria, the permit-issuing authority finds that an effective
separation between the proposed business or other land use and surrounding uses can be
achieved without requiring the full distance of separation provided by this section,they
shall determine the degree of variance to be allowed and shall grant such variance.
Otherwise, the application for variance shall be denied.
20.44.096 Penal and Correctional Facilities.
All Penal and Correctional Facilities} containing eleven or more cells shall be
located on a parcel or parcels of at least fifty acres in size. Furthermore, such uses shall be
prohibited within one thousand feet of any residential zone, church or religious facility or
institution, public or private school, training facility, or technical school that has twenty-five
percent or more of its students under the age of eighteen, public park or playground, or day care
center.
20.44.098 Electric Vehicle Infrastructure.
(a) Purpose. This section is to establish -electric vehicle infrastructurell (EVI) regulations for the
City to allow EVI and meet the intent of the Revised Code of Washington (RCW) requiring the
City to allow EVI in all zones except for residential zones.
(b) Electric Vehicle Infrastructure — Where Allowed. Electric vehicle infrastructure is allowed as
specified in Table 20.40-1:Table of Permissible Uses, Chapter 20.44 Permitted Uses, Arlington
Municipal Code (AMC).
(c) Battery Charging Station or Rapid Charging Station — Retrofitting in Existing Development.
(1) Required off-street parking spaces within any existing development listed within the
zones listed below may be converted to battery charging station spaces or rapid charging
ORDINANCE 2022-019 28
station spaces for BEV's and PHEV's, subject to the restrictions cited in the Permitted Use
chart (Table 20.40-1), provided that the battery charging and/or rapid charging stations
are accessory to the permitted use(s) on the property.
(i) AMC 20.36.020(b)—Neighborhood Commercial (NC).
(ii) AMC 20.36.020LcI€—Old Town Business District (OTBD-1,2,3).
(iii) AMC 20.36.020(d)—General Commercial (GC).
(iv) AMC 20.36.020G- e — Highway Commercial (HC).
(v) AMC 20.36.020(f)—Business Park (BP)
(vi) AMC 20.36.020(g) —Commercial Corridor (CC)
M(vii) AMC 20,36.030— Manufacturing Districts (GI & LI)
{v+) viii AMC 20.36.034—Aviation Flightline (AF).
tvii4 ix AMC 20.36.036—Medical Services (MS).
( (x) AMC 20.36.040—Public/Semi-Public (P/SP).
(2) At least .65 spaces shall be set aside as -electric vehicle waiting spaces1l for each Level 3
public electric vehicle charging station provided on site. Waiting spaces for Level 1 and
2 public electric vehicle charging stations shall not be required.
(3) The use of any charging station on-site shall not obstruct any vehicular or pedestrian
traffic on-site (such as waiting for a charging station space within a drive-aisle or a
designated pedestrian crossing) or within a public right-of-way (ROW).
(4) Battery or rapid charging station spaces shall be designated for charging electric vehicles
only as provided under AMC 20.44.098(g). Non-electric vehicles or non-charging BEV's of
PHEV's shall not be allowed.The type of signage designating these spaces shall be approved
by the City Manager or his designee.
d)Electric Vehicle Charging Station Spaces—Allowed as Required Spaces.
(1) Electric vehicle charging station spaces shall be allowed to be used in the computation of
required off-street parking spaces as provided under AMC 20.44.098€, provided; that
the electric vehicle charging station/s is accessory to the primary use of the property.
(2) If a publicly owned and publicly available Level 3 electric vehicle charging station/s is
provided on-site, .65 -electric vehicle waiting spaces1l shall also be provided for each
electric vehicle charging station. These spaces shall be in addition to the off-street
parking spaces required under AMC 20.44.098€.
LeL€Off-street Electric Vehicle Charging Station Spaces.
(1) Number. No minimum number of charging station spaces is required.
(2) Location and Design Criteria. The provision of electric vehicle parking will vary based on
the design and use of the primary parking lot. The following required and additional
locational and design criteria are provided in recognition of the various parking lot layout
options.
(A)Where provided, parking for electric vehicle charging purposes is required to
include the following:
(i) Si na e. Signage, as required under AMC 20.44.098(g) for each charging
station space, shall be posted indicating the space is only for electric vehicle
charging purposes. Days and hours of operations shall be included
if time limits or tow away provisions are to be enforced.
(i i) Maintenance. Charging station equipment shall be maintained in all respects,
including the functioning of the charging equipment. A phone
ORDINANCE 2022-019 29
number or other contact information shall be provided on the charging
station equipment for reporting when the equipment is not functioning
or other problems are encountered.
(iii) Accessibility. Where charging equipment is provided within an adjacent
pedestrian circulation area, such as a sidewalk or accessible route to the
building entrance, the charging equipment shall be located so as not to
interfere with accessibility requirements of WAC 51-50-005.
(iv) Lighting. Where charging station equipment is installed, adequate site
lighting shall exist, unless charging is for daytime purposes only.
(B) Parking for electric vehicles should also consider the following:
(i) Notification. Information on the charging station, identifying voltage and
amperage levels and any time of use, fees, or safety information.
(ii) Signa e. Installation of directional signs at the parking lot for entrance
and at appropriate decision points to effectively guide motorists to the
charging station space(s).
(3) Data Collection. To allow for maintenance and notification, owners of any private new
electric vehicle infrastructure station that will be publicly available (see definition -electric
vehicle charging station — public1l), shall provide information on the station's geographic
location, date of installation, equipment type and model, and owner contact information.
This information shall be submitted to the Community Development Department.
ftAccessible Electric Vehicle Charging Stations. Where electric vehicle charging stations are
provided in parking lots or parking garages, accessible vehicle charging stations shall be
provided as follows:
(1) Accessible electric vehicle charging stations are provided in the ratios shown in
the following table.
Table 20.44-1: Accessible Electric Vehicle Charging Station Requirements
Number of EV Charging Stations Minimum Accessible EV Charging Stations
1-50 1
51-100 _ 2
101-150 3
151-200 4
201-250 5
251-300 6
(2) Accessible electric vehicle charging stations should be located in close proximity to the
building or facility entrance and shall be connected to a barrier-free accessible route of
travel. It is not necessary to designate the accessible electric vehicle charging station
exclusively for the use of disabled persons. Below are two options for providing for
accessible electric vehicle charging stations.
ORDINANCE 2022-019 30
Figure 20.44-1: Off-street accessible electric vehicle charging station—Option 1
meelslops
_ - - r - -f't- - �-
Designaled
Accessible Space
with W or 96" Regular 1 Regular I Regular Slnpng of banter free
accessible aisle Parking Parking Parking route not requaod
Space 1 Space I Space
I ® 1 1
I t 1
Accessible EV Charging Station ---------► '�' 1
•Includes charging equipment,signage,
and barrier free routes to charging 0 I
equipment and the building ——•— •—•�6utdenee
•The barrier free area adjacent to the =—EV
Accessible EV Station shall be striped and be a minimum of 44"wide. I t
Regular
EV Charging Station Parking I
•Charging equipment and signage Spate
I
Photo—Puget Sound area parking garage (Source: ECOtality North America) Figure
20.44-2: Off-street accessible electric vehicle charging station —Option 2
S g-Rr
�Gud,�nrn �WMtIS/Y,s
AIDT96*
Regular Regular
wParking I Parking
acI Space ISpace
1 C1161
I r y
Regular I I -
Perking I
Accessible EV Charging Station Space
•Includes charging equipment,signage,
and barrier free routes to charging
equipment and the building. Regular I Affilmall
-
Parking
The barrier free area adjacent to the
Designated Accessible Space shall be Spans ( 1 • _ _f
striped and be 60'or 96"wide. — — — ——— ti'�°'��
EV Charging Station ]LE�V
' I o
( .
•Charging equipment and signage —-—-—'— -----
Photo—Fashion Island Shopping Mall, Newport Beach, CA (Source: Light Moves).
(g) Electric Vehicle Charging Station Spaces—Signage.
(1) Off-street public electric vehicle charging station spaces shall provide the following
signage.
ORDINANCE 2022-019 31
Figure 20.44-3: Directional —Off-street Parking Lot or Parking Garage
CHARGINGELECTRIC
VEHICLE
1211 x 1211
STATION
1211 x 611
Note: The directional sign for an on-site parking lot or parking garage should be used in the
parking facility with a directional arrow at all decision points.
Figure 20.44-4: Off-street EV Parking—Parking Space with Charging Station Equipment
ELECTRIC
VEHICLE
12 x 12
CHARGING
STATION
ORDINANCE 2022-019 32
EXCEPT FOR 12 x 18
ELECTRIC
VEHICLE
CHARGING
H OUR
CHARGING
12 x 18
7AM To 6pm
Note: Combination sign identifying space as an electric vehicle charging station, prohibiting
non-electric vehicles, with charging time limits. The use of time limits is optional. The
blue/white and red/black signs define that only an electric vehicle that is charging can use the
spaces.The green sign defines time limits for how long an electric vehicle can be in the space
during the specified hours. Outside of the specified hours, electric vehicles can charge for an
indefinite period of time.
(h) Stacking Spaces for Electric Vehicle Battery Exchange Stations. Electric vehicle battery
exchange stations shall provide three stacking spaces. A stacking space shall be an area
measuring eight feet by twenty feet with direct forward access to the battery exchange bay.
A stacking space shall be located to prevent any vehicles from extending onto the public right-
of-way, or interfering with any pedestrian circulation, traffic maneuvering, or other required
parking areas. Stacking spaces may not be counted as required off-street parking spaces.
ORDINANCE 2022-019 33
Part II. Land Clearing, Grading, Filling, and Excavation
20.44.100 Permits for Grading and Filling.
(a) Subject to §20.44.120 (Restrictions and Requirements), grading permits are issued by the
Pu4lie A/e ksCornmunity and Economic Development Director pursuant to the previsie
IJBC Appendix 33 as adopted by AMC 16.04, Building Code.
(b) The WubI+e V.1erksCommunity and Economic Development Director may temporarily suspend
or revoke any permit allowing grading or filling if, in his opinion, adverse weather or other
conditions so warrant.
20.44.110 Permits for Land Clearing.
(a) Subject to §20.44.120 (Restrictions and Requirements), no permits are required for clearing
or logging involving less than ten thousand square feet of land within any twelve-month
period. Nevertheless, all clearing activities must comply with all elements of this Title,
regardless of whether a permit is required.
(b) Zoning permits are required for all clearing and logging involving one thousand square
feet of property or more when not in conjunction with a land use permit.
(c) The Pi1EsComrnunity and Economic Development Director may temporarily
suspend or revoke any permit allowing land clearing if, in his opinion, adverse weather or
other conditions so warrant.
20.44.120 Restrictions and Requirements.
All clearing, logging, grading, filling, and excavation, regardless of whether or not a permit is
required, is subject to the following restrictions and requirements:
(a) No clearing, logging, grading, filling, or excavation is allowed in an Environmentally Critical
Area or its buffer where Chapter 20.88--93 (€WTe+a Critical Areas Ordinance)
prohibits such activities.
(b) No clearing, logging, grading, filling, or excavation, except that necessary for essential
repairs of permitted private structures or construction of public infrastructure or facilities, is
permitted outward from the shores of the Stillaguamish River or inland within its buffer, as
established by Chapter 20.98-93 (EnViFORm^n Critical Areas Ordinance) or the Shoreline
Management Act, whichever is greater.
(c) Adequate Temporary Erosion and Sedimentation Control (TESC) measures shall be
approved and installed per AMC 13.24, Stormwater Management, prior to any disturbance
of soils.
(d) All disturbed areas shall be hydro-seeded and mulched, sodded, or otherwise protected
within forty-eight hours of disturbance.
(e) All Environmentally Critical Areas and their buffers shall be fenced with construction fence
prior to any disturbance of the soil.
(f) The applicant shall present to the City a valid NPDES permit,where required by the Department
of Ecology, prior to any disturbance of soil.
(g) Environmental review of clearing and/or grading associated with site development may be
done concurrently with the environmental review of the project (e.g., at preliminary plat
stage, site plan review stage, or project development stage) allowing for clearing and/or
grading for public improvements to be permitted by approval of the construction drawings.
However, the application shall specifically state that clearing and/or grading are a part of the
application, and the permit shall specifically state what clearing and/or grading is permitted,
or the clearing and/or grading shall not be considered permitted.
(h) Between the dates of October 1 and March 31 all open projects shall be closed up and no
more than 1/4 acre of property, or fifty cubic yards of soil, whichever represents the least
amount of disturbance, may be cleared, moved or graded at any one time before that
ORDINANCE 2022-019 34
portion of the project is closed up. The clearing and/or grading of individual building lots in a
finalled plat shall be phased, with no more than ten lots being cleared or graded in a plat
at any one time. Before additional lots can be cleared or graded, the previously graded lots
shall be hydro-seeded and mulched, sodded, or otherwise protected. The Public Works
Director may allow grading or clearing in excess of these limits during these times if, in his
opinion, the site, adjoining properties, and any Environmentally Critical Areas can be
adequately protected, an approved Temporary Erosion and Siltation Control plan is
implemented and properly maintained, and the weather is favorable.
Part III. Performance Standards
20.44.208 Obligation to Comply.
(a) All uses in any zoning district must continually comply with the performance/ and operational
standards of this Part.
(b) If the city has reasonable doubt that a use is, or can be, conducted within the limits of the
above performance standards, it may require that the user or proposed user retain, at his
expense, an independent, qualified, testing laboratory or expert to make an analysis of the
use to determine its compliance with the standards and make the results of such analysis
available to the City. If the site operator does not provide the required analysis within thirty
days of the request, the City shall initiate such investigation and bill all expensesthereto
the site operator, and the operator shall pay the City for such expenses within ten days
after demand. The City may place a lien against the property if the operator refuses to
pay such expenses within sixty days on receipt of bill.
20.44.210 Noise.
(a) No use in any zoning district may generate noise that-tends to have an annoying-or
disruptive effect upon (i) uses located outside the immediate space occupied by the use if
that use is one of several located on a lot, or (ii) uses located on adjacent lots.
(b) For the purpose of interpreting Subsection (a), and except as provided in Subsection (d),
WAC 173-60, as may be amended, is hereby adopted and incorporated by reference in its
entirety.
(c) Pursuant to WAC 173-60-030 (2), the following zones are designated to conform to the
EDNAs (see WAC) as provided:
(1) &RRULC, RPADRLC, R-Mod, RMDRMC, R#BRHC, and OTR—Class A EDNA
(2) NC, OTBD, GC, and HC—Class B EDNA
(3) BP, AF, LI, and GI —Class C EDNA
(4) P/SP — shall conform to the EDNA that conforms to the zoning
designation that predominately surrounds the P/SP parcel.
(d) The following provisions of WAC 173-60 are amended:
(1) WAC 173-60-050 (2)(b) (certain existing industrial uses) is specifically not adopted.
(2) Wherever WAC 173-06 speaks to the Department of Ecology enforcing said regulations,
the City may also act to enforce them pursuant to Chapter 20.28 (Enforcement &
Review) of this Title.
20.44.220 Vibration.
(a) Except as modified by Subsection (b), no use in any zoning district may generate any
ground-transmitted vibration that causes property damage or is perceptible to the human
sense of touch measured at (i) the outside boundary of the immediate space occupied by
the enterprise generating the vibration if the enterprise is one of several located on a lot, or
ORDINANCE 2022-019 35
(ii) the lot line if the enterprise generating the vibration is the only enterprise located on a lot.
(b) No 4,000 class+f+Eatiur use in a Light Industrial (LI) or General Industrial district (GI) may
generate any ground-transmitted vibration in excess of the limits set forth in Subsection (e).
Vibration shall be measured at any adjacent lot line or residential district line as indicated in
the table set forth in Subsection (e).
(c) The instrument used to measure vibrations shall be a three-component measuring system
capable o f simultaneous measurement of vibration in three mutually perpendicular
directions.
(d) The vibration maximums set forth in Subsection (e) are stated in terms of particle velocity,
which may be measured directly with suitable instrumentation or computed based on
displacement and frequency. When computed, the following formula shall be used:
PV=6.28FxD
Where:
PV= Particle velocity, inches-per-second
F= Vibration frequency, cycles-per-second
D = Single amplitude displacement of the vibration, inches.
The maximum velocity shall be the vector sum of the three components recorded.
(e) Table 20.44-2 is the Table of Maximum Ground-Transmitted Vibration.
(f) The values stated in Subsection (e) may be multiplied by two for impact vibrations, i.e., discrete
vibration pulsations not exceeding one second in duration and having a pause of at
least one second between pulses.
(g) Vibrations resulting from temporary construction activity that occurs between seven a.m. and
ten p.m. shall be exempt from the requirements of this section.
Table 20.44-2:Table of Maximum Ground-Transmitted Vibration
Particle Velocity, Inches-Per-Second
Zoning �-
District Adjacent Lot Line Residential District
LI 0.10 0.02
LG I 0.20 0.02
20.44.230 Odors.
(a) For purposes of this section, the-odor threshold1l is defined as the minimum concentration in
air of a gas, vapor, or particulate matter that is found to be overwhelming and a nuisance to
the olfactory systems of a majority of a panel of five healthy observers.
(b) No use in any district may generate any odor that:
(1) Reaches the odor threshold, measured at:
(A) The outside boundary of the immediate space occupied by the enterprise generating
the odor.
(B) The lot line if the enterprise generating the odor is the only enterprise located on a
lot.
(2) Exceeds any state or federal thresholds.
20.44.240 Smoke and Air Pollution.
(a) Any use that emits any -air contaminantll as defined in Regulations 1, 2, or 3 of the Puget
ORDINANCE 2022-019 36
Sound Clean Air Agency shall comply with applicable state standards concerning air pollution,
as set forth in Regulations 1, 2, or 3 of the Puget Sound Clean Air Agency.
(b) No zoning, special use, or conditional use permit may be issued with respect to any
development covered by Subsection (a) until the Puget Sound Clean Air Agency has certified
to the permit-issuing authority that the appropriate state permits have been received by the
developer, or that the developer will be eligible to receive such permits and that the
development is otherwise in compliance with applicable air pollution laws.
20.44.250 Disposal of Liquid and Hazardous Wastes.
(a) No use in any district may discharge any waste contrary to the provisions of RCW 70.105
(Hazardous Waste Management) or RCW 90.48 (Water Pollution Control).
f (b) No use in any district may discharge into either the City of-Arlington's or the City of
Marysville's sewage treatment facilities any waste that cannot be adequately treated by
biological means or in a manner inconsistent with the requirements and sewer service policies
of either jurisdiction.
20.44.260 Water Consumption.
No use shall consume and/or use water supplied by either the City of Arlington or the City of
Marysville in a manner inconsistent with the requirements and water service policies of either
jurisdiction.
20.44.270 Electrical Disturbance or Interference.
No use may:
(a) Create any electrical disturbance that adversely affects any operations or equipment other
than those of the creator of such disturbance, or
(b) Otherwise cause, create, or contribute to the interference with electronic signals (including
television and radio broadcasting transmissions or aviation equipment) to the extent that the
operation of any equipment not owned by the creator of such disturbance is adversely
affected.
20.44.280 Lighting.
(a) Except as provided in Subsection (b), lighting shall not be used in such a manner as to
produce a glare on public streets or neighboring property. Arc welding, acetylene torch
cutting, or similar processes shall be performed so as not to be seen from any point beyond
the property boundary.
(b) Glare resulting from temporary construction activity that occurs between seven a.m. and ten
p.m. shall be exempt from the requirements of this section.
20.44.290 Site and Building Maintenance.
All exteriors of all buildings and other structures shall be maintained in a clean and well-
maintained condition. All outside space, including landscaped and open space areas shall be kept
free of litter and debris. All plant material shall be kept free of disease, dead material, and weeds
that may constitute a health or fire nuisance.
ORDINANCE 2022-019 37
Part IV. Cottage Housing
20.44.300 Purpose and Intent
The general purposes of the cottage housing development design standards are as follows:
(1) A cottage housing development is an alternative type of detached housing providing
small residences for households of typically one to two individuals. Cottage housing is
provided as part of the city's overall housing strategy which intends to encourage
affordability, innovation and variety in housing design and site development while ensuring
compatibility with existing neighborhoods, and to promote a variety of housing choices to
meet the needs of a population diverse in age, income, household composition and
individual needs.
(2) The cottage housing development design standards are intended to create a small
community of cottages oriented around open space that is pedestrian-oriented and
minimizes the visibility of off-street parking. These design standards are intended to
ensure that cottage housing developments include pedestrian amenities and take
advantage of existing natural features on the site including topography and vegetation.
The cottage housing development design standards are intended to maintain traditional
cottage amenities and proportions and ensure that cottage housing developments
contribute to the overall community character. Because there may be alternative designs
that meet the objectives of the design standards, the provisions of subsections 20.44.300
through 20.44.400 provide an alternative design review process to consider other
acceptable ways to accomplish the objectives of this section.
(3) All cottage housing developments are subject to current city stormwater standards and
shall incorporate stormwater low impact development techniques whenever possible.
20.44.310 Applicability, application process and design review.
Applicability of this section, application procedure and the process for design review is
pursuant to Chapter 20.46 AMC.
20.44.320 Density, number of cottage housing units and minimum lot area.
See Density and Dimensional Standards for Residential Zones.
20.44.330 Building height.
Structures in cottage housing developments shall be designed to be single story or single story
plus a loft. Because the base density is higher and building separation less than on typical
residential lots, it is important to maintain a feeling of adequate light and open space
by providing more restrictive maximum roof heights and roof proportion standards.
(1) The maximum building height permitted for structures in cottage housing developments
shall not exceed one and one-half stories or twenty-five feet in height.
20.44.340 Lot coverage area.
Cottage housing developments shall not exceed underlying lot coverage standards for the
respective zoning district to maintain residential neighborhood character and the balance of
built structures to open spaces.
(1) The maximum lot coverage permitted for all structures in cottage housing
developments shall not exceed the requirements for the underlying zoning.
ORDINANCE NO. 2022-019 38
20.44.350 Cottage floor area.
Structures in cottage housing developments are primarily intended for one- and two-person
households and their occasional guests. Maintaining the maximum square footage of
residences in cottage housing developments is necessary to prevent overbuilding of the site
and to not exceed available on and off-street parking.
(1) The maximum floor area for an individual structure in a cottage housing development
shall not exceed twelve hundred square feet.
20.44.360 Cottage housing development building separation.
Structures within cottage housing developments shall observe minimum setbacks from other
cottage housing development structures to avoid overcrowding the site and to maintain a
sense of privacy within the cottages themselves.
(1) All buildings within a cottage housing development shall maintain a minimum separation
of ten feet from cottages within a cottage housing development measured from the
nearest point of the exterior walls. Accessory buildings shall comply with building code
requirements for separation from non-cottage structures.
20.44.370 Parks and open space.
The minimum parks and open space are intended to provide a sense of openness and visual
relief in cottage housing developments. Common open space shall provide a centrally located,
focal area for the cottage housing development. The common area shall be outside of
stormwater, wetlands, streams and sensitive area buffers and developed and maintained so
its is usable for active or passive recreation activities. Private open space shall provide
area around the individual dwellings to enable diversity in landscape design.
(1) Parks shall meet the minimum requirements of Chapter
20.52.
(2) Common open space shall:
(A) Be a minimum of four hundred square feet per cottage;
(B) Abut at least fifty percent of the cottages in a cottage housing development;
(C) Have cottages abutting at least two sides.
(3) Cottages shall:
(A) Be oriented around and have the main entry from the common open
space
(B) Be within seventy-five feet of walking distance to common open space.
(4) Private Open Space shall:
(A) Be a minimum of three hundred square feet of private, contiguous, usable open space
adjacent to each dwelling unit, for the exclusive use of the cottage resident. It shall be
oriented toward the common open space as much as possible, with no dimension
less than ten feet.
(B) Additionally, cottages shall have a roofed porch that is covered and is at least ten
percent of the total square footage of the residence living space.
(5) At least fifty percent of all the units shall have an attached enclosure that is a
minimum of forty square feet (not included in total living space square footage) which
is accessible from the exterior of the building.
20.44.380 Off street parking.
Off-street parking space requirements for cottage housing developments shall be calculated
ORDINANCE NO. 2022-019 39
at the Multi-Family requirement. Off-street parking shall be located and designed to be less
visible from frontage streets than the cottages themselves. Off-street parking shall be designed
to maintain a pedestrian character for the overall cottage housing development. Clustering
parking to the side or rear of a cottage project will most often best accomplish these goals.
However, on a site-specific basis, design solutions other than clustering may be found to meet
this objective through the alternative design process. Parking areas shall be attractively
landscaped to screen parking from adjacent properties and street rights-of-way and shall meet
applicable parking lot landscape standards.
(1) Off-Street Parking Location. Parking shall be located on the cottage housing
development property. Off-street parking lots shall be located to the side or rear of the
cottage housing development. Parking lots shall not be located between the cottage
housing development and the primary street frontage.
20.44.390 Stormwater Low Impact Development Techniques.
Cottage housing developments shall be designed to take advantage of open space and
landscaped features to utilize stormwater low impact development techniques including
natural filtration and on-site infiltration of stormwater.
(1) Low impact development techniques for stormwater management shall be used
wherever possible. Such techniques may include the use of pervious pavers in parking
areas and for walkways, directing roof drains and parking lot runoff to landscape beds,
green or living roofs, and the use of rain barrels.
(2) Cottages shall be located so as to maximize natural stormwater functions. Cottages shall
be clustered and parking areas shall be located to preserve as much contiguous,
permanently undeveloped open space and native vegetation as possible.
20.44.400 Alternative Site Design.
It is possible that an alternative design may fulfill the intent of this chapter while not complying
with the provisions herein. Requests for alternative designs shall be processed pursuant to
Chapter 20.39 AMC, Development Agreements.
ORDINANCE NO. 2022-019 40
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. 2022-019 was approved at the October 17, 2022 City Council meeting.
ORDINANCE NO. 2022-019
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING CHAPTER 20.44 OF THE ARLINGTON
MUNICIPAL CODE REGARDING ZONING SUPPLEMENTAL USE REGULATIONS"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of October, 2022
7 2 a&Z�,
Wendy Van er Meersche
City Clerk for the City of Arlington