HomeMy WebLinkAboutOrdinance No. 2023-012 An Ordinance of the City of Arlington, Washington Amending Chapter 16.28 of the Arlington Municipal Code Regarding Building Construction and Life Safety Code Under City Planning No. PL ORDINANCE NO. 2023-012
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 16.28
OF THE ARLINGTON MUNICIPAL CODE REGARDING BUILDING CONSTRUCTION
AND LIFE SAFETY CODE UNDER CITY PLANNING NO. PLN 1037
WHEREAS, the city has proposed an update to regulations to provide clarification of
building and civil permit extensions; and
WHEREAS, the Arlington Planning Commission considered the revisions initially with
informational meetings on January 3, 2023 and February 7, 2023, at docketing meetings on
March 7, 2023 and March 21, 2023, and then on May 2, 2023 and at a public hearing conducted
on May 16, 2023; 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 at the Council Retreat March
31, 2023 and at docketing meetings on April 10, 2023 and April 17, 2023; and
WHEREAS, the City Council considered the same at a workshop held on June 12, 2023,
and considered them along with the Planning Commission recommendations, at their regular
meeting conducted a public hearing on June 20, 2023; and the City Council having determined
approving said amendment was in the best interest of the City; and
WHEREAS, the amendments were presented to the Department of Commerce for
comment and said Department had no comments on the ordinance; and
WHEREAS, the City Council has considered the proposed amendment to the municipal
code and finds it to be consistent with city and state law and in the best interests of the citizens;
and
NOW,THEREFORE,the City Council of the City of Arlington does hereby ordain as follows:
Section 1. Arlington Municipal Code section 16.28.030 shall be and hereby is
amended as follows:
(a) Building Permits
(1) Every building permit issued under the provisions of the prior chapters of this title and
codes adopted by the City of Arlington, shall expire and become null and void if the
structure or work authorized by such permit-has not commenced within one hundred
eighty days from the date of-permit issuance, or if the structure or work authorized by
such permit is suspended or abandoned for one hundred eighty days after the work has
commenced.
ORDINANCE NO. 2023-012 1
(2) The one hundred eighty days will be deemed to have expired if no inspections have been
performed within one hundred eighty days of the date of permit issuance. For an
inspection to be valid, the work being inspected must be complete, ready for the
inspection, and noted "approved" by the building official.
(3) Before such work may recommence, a new building permit shall be obtained and thewith
a fee one-half of the building permit fee amount required for a new building permit. This
only applies provided no changes have been made or will be made to the original plans
and specifications for such work and provided further, that such suspension or
abandonment has not exceeded one year.
Any permittee holding an unexpired building permit may apply for an extension of time
when the permittee is unable to complete the work within the initial one hundred eighty
days. The request for an extension of time shall be submitted to the Community and
Economic Development Department a minimum of thirty calendar days prior to the
expiration of the permit. The building official, for all permits authorized by prior chapters
of this title, may extend the time for action by the permittee for a period not exceeding
one hundred eighty days. Written request by the permittee detailing the circumstances
beyond the control of the permittee that have prevented action from being taken. No
permit shall be extended more than once.
(b) Civil Construction Permits for Private Development
(1) Every civil construction permit approved and issued by the Community and Economic
Development Department shall expire and become null and void if the work authorized
by such permit has not commenced within eighteen months from the date of signature
on the approved civil plans.
(2) A civil construction permit may be extended for an additional six months under the
following conditions:
i. The permit has not expired.
ii. The request for extension shall be made to the Community and Economic
Development Department in writing at least thirty calendar days prior to the
permit expiration date.
iii. The work approved with the civil permit is actively under construction and the
permit recipient has proceeded with due diligence and in good faith. (A) "Actively
under construction" means the construction activity on-site at the property
related to the approved civil permit is taking place without pause, interruption, or
suspension.
iv. Conditions of the permit have not changed so substantially as to warrant a new
application.
v. Permit extensions are subject to the fee as set by resolution for the processing of
extensions.
vi. No permit shall be extended more than once.
ORDINANCE NO. 2023-012 2
(3) All civil permits that have expired after eighteen months and an extension was not
requested or granted are required to provide a new submittal and full civil review fees.
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 20th
day of June, 2023.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
ATTEST:
Wendy Van ffer Meersche, City Clerk
APPROVED AS TO FORM:
t�A�'
Stev e, ity Attorney
ORDINANCE NO. 2023-012 3
CERTIFICATION OF ORDINANCE
I, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
No. 2023-012 was approved at the June 20, 2023 City Council meeting.
ORDINANCE NO. 2023-012
"AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 16.28
OF THE ARLINGTON MUNICIPAL CODE REGARDING BUILDING CONSTRUCTION
AND LIFE SAFETY CODE UNDER CITY PLANNING NO. PLN 1037"
A true and correct copy of the original ordinance is attached.
Dated this 21st day of June, 2023
Wendy Va Der Meersche
City Clerk for the City of Arlington