HomeMy WebLinkAboutOrdinance No. 2024-011 An Ordinance of the City of Arlington, Washington Amending Chapter 20.76 of the Arlington Municipal Code Regarding Screening and Trees Under City Planning No. PLN 1178 ORDINANCE NO. 2024-011
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.76
OF THE ARLINGTON MUNICIPAL CODE REGARDING SCREENING AND TREES
UNDER CITY PLANNING NO. PLN 1178
WHEREAS, the city has proposed an update to the Screening and Trees regulations; and
WHEREAS, the Arlington Planning Commission considered the revisions at docketing
meetings on February 6, 2024 and February 22, 2024, and then on May 7, 2024 and at a public
hearing conducted on May 21, 2024; 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 at docketing meetings on March 11,
2024 and March 18, 2024; and
WHEREAS, the City Council considered the same at a workshop held on June 10, 2024,
their regular meeting on June 17, 2024, and considered them along with the Planning
Commission recommendations; 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 20.76 shall be amended as shown in
Exhibit A attached to this ordinance:
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.
ORDINANCE NO.2024-011 1
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th
day of June, 2024.
CITY RLINGTON
Don E. Vanney, Mayor
ATTEST:
Wendy Van l3er Meersche, City Clerk
APPROVED AS TO FORM:
Stev J. if�l , City Attorney
ORDINANCE NO. 2024-011 2
EXHIBIT A
Title 20—Land Use Code Chapter 20.76: Screening and Trees
Chapter 20.76
SCREENING AND TREES
Sections:
Part I. Screening
20.76.010 Council Findings Concerning the Need for Screening Requirements.
20.76.020 General Screening Standard.
20.76.030 Compliance With Screening Standard.
20.76.040 Descriptions of Screens.
20.76.050 Table of Screening Requirements.
20.76.060 Flexibility in Administration Required.
20.76.070 Combination Uses
20.76.080 Subdivisions.
20.76.090 Special Screening Requirements.
Part II. Shading
20.76.100 Council Findings and Declarations of Policy on Shade Trees.
20.76.110 Required Trees Along Dedicated Streets.
20.76.112 Protection of Street Trees.
20.76.120 Retention and Protection of Significant Trees.
20.76.124 Shade Trees on Lots.
20.76.130 Shade Trees in Parking Areas.
Part III. Maintenance
20.76.140 Maintenance of Screening and Shading Elements.
Part I. Screening
20.76.010 Council Findings Concerning the Need for Screening Requirements.
(a) The council finds that:
1. Screening between two lots lessens the transmission from one lot to another of noise,
dust, and glare.
2. Screening can lessen the visual pollution that may otherwise occur within an urbanized
area. Even minimal screening can provide an impression of separation of spaces, and
more extensive screening can shield entirely one use from the visual assault of an
adjacent use.
3. Screening can establish a greater sense of privacy from visual or physical intrusion, the
degree of privacy varying with the intensity of the screening.
4. The provisions of this part are necessary to safeguard the public health, safety, and
welfare.
20.76.020 General Screening Standard.
(a) Every development shall provide sufficient screening so that:
1. Neighboring properties are shielded from any adverse external effects of that
development;
2. The development is shielded from the negative impacts of adjacent uses such as streets or
railroads.
City of Arlington 20.76- 1 Revised Weber- 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
20.76.030 Compliance With Screening Standard.
(a) Except as modified per §20.76.090 (Special Screening, Requirements), the table set forth in
§20.76.050 (Table of Screening Requirements), in conjunction with the explanations in
20.76.040 (Descriptions of Screens) concerning the types of screens, establishes screening
requirements that presumptively satisfy the general standards established in §20.76.020
(General Screening Standard). However, this table is only intended to establish a
presumption and should be flexibly administered in accordance with §20.76.060 (Flexibility
in Administration Required).
(b) The Table of Screening Requirements (§20.76.050) represent the allowed uses of the Tables
of Permissible Uses (§20.40), and the screening type letter designations refer to types of
screening as described in §20.76.040 (Descriptions of Screens). This table indicates the type
of screening that is presumptively required between two uses. Where such screening is
required, only the property under application for development is responsible for installing the
screening.
NO 76 050(Table of Ser-e ' -tKgqiLjr±ment�). and the other-use is (lie henefited use.
To determine the type of screening a proposed new development must install, find the
proposed use in the table to determine frontage landscaping and side/rear property lines.
(c) If, when the analysis described in Subdivision (b) is performed, the burdened use is an
existing use but the required screening is not in place, then this lack of screening shall
constitute a nonconforming situation, subject to all the provisions of Chapter 20.32
(Nonconforming Situations) of this Title.
(d) Notwithstanding any other provision of this chapter, a multi-family development shall be
required, at the time of construction, to install any screening that is required between it and
adjacent existing uses according to the table set forth in §20.76.050 (Table of Screening
Requirements).
(e) Developments in the Old Town Business Districts 1, 2, and 3 shall be exempt from the
screening requirements of §20.76.050 (Table of Screening Requirements) pertaining to
screening along streets where the buildings abut the sidewalk.
(f) Developments in the Old Town Residential District shall comply with the Old Town
Residential Design Standards.
20.76.040 Descriptions of Screens.
The following three basic types of screens are hereby established and are used as the basis for the
Table of Screening Requirements set forth in §20.76.050 (Table of Screening Requirements).
(a) Opaque Screen, Type A. A screen that is opaque from the ground to a height of at least six
feet, with intermittent visual obstructions from the opaque portion to a height of at least
twenty feet. The width shall be a minimum of five feet wide, but may be increased if, in the
opinion of the permit-issuing authority, it is needed to better insulate or isolate uses; and in
all cases be a minimum of ten feet along street frontages where required. An opaque screen is
intended to exclude all visual contact between uses and to create a strong impression of
spatial separation. The opaque screen may be composed of a wall, fence, landscaped earth
berm, native vegetation, drought-tolerant vegetation, vegetated LID facilities, or existing
vegetation. Compliance of vegetative screens or native vegetation will be judged based on
the average mature height and density of foliage of the subject species, or field observation of
existing vegetation. The opaque portion of the screen must be opaque in all seasons of the
year. At maturity, the portion of intermittent visual obstructions should not contain any
completely unobstructed openings more than ten feet wide. The portion of intermittent visual
City of Arlington 20.76-2 Revised^eo�22June 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
obstructions may contain deciduous plants. Suggested planting patterns that will achieve this
standard are included in the development design standards and the department—e&-public
works' construction standards and specifications.
(b) Semi-Opaque Screen, Type B. A screen that is opaque from the ground to a height of three
feet, with intermittent visual obstruction from above the opaque portion to a height of at least
twenty feet. The width shall be a minimum of five feet wide, but may be increased if, in the
opinion of the permit-issuing authority, it is needed to better insulate or isolate uses; and in
all cases be a minimum of ten feet along street frontages where required. The semi-opaque
screen is intended to partially block visual contact between uses and to create a strong
impression of the separation of spaces. The semi-opaque screen may be composed of a wall,
fence, landscaped earth berm, native vegetation, drought-tolerant vegetation, vegetated LID
facilities, or existing vegetation. Compliance of vegetative screens or native vegetation will
be judged based on the average mature height and density of foliage of the subject species, or
field observation of existing vegetation. At maturity, the portion of intermittent visual
obstructions should not contain any completely unobstructed openings more than ten feet
wide. The zone of intermittent visual obstruction may contain deciduous plants. Suggested
I planting patterns that will achieve this standard are included in the development design
standards and the public works' construction standards and specifications.
(c) Intermittent Screen, Type C. A screen composed of intermittent visual obstructions from the
ground to a height of at least twenty feet. The width shall be a minimum of five feet wide,
but may be increased if, in the opinion of the permit-issuing authority, it is needed to better
insulate or isolate uses; and in all cases be a minimum of ten feet along street frontages
where required. The intermittent screen is intended to create the impression of a separation of
spaces without necessarily eliminating visual contact between the spaces. It may be
composed of native vegetation or existing vegetation. Compliance of vegetative screens or
native vegetation will be judged based on the average mature height and density of foliage of
the subject species, or field observation of existing vegetation. At maturity, the portion of
intermittent visual obstructions should not contain any completely unobstructed openings
more than ten feet wide. The screen may contain deciduous plants. Suggested planting
patterns that will achieve this standard are included in the development design standards and
the public works' construction standards and specifications.
20.76.050 Table of Screening Requirements.
See Table 20.76-1: Screening Requirements.
20.76.060 Flexibility in Administration Required.
(a) The Council recognizes that because of the wide variety of types of developments and the
relationships between them, it is neither possible nor prudent to establish inflexible screening
requirements. Therefore, as provided in §20.76.030 Compliance With Screening Standard,
the permit-issuing authority may permit deviations from the presumptive requirements of
§20.76.050 (Table of Screening Requirements) and may either require more intensive or
allow less intensive screening whenever it finds such deviations are more likely to satisfy the
standard set forth in §24J6.020 (General Screening Standard) without imposing unnecessary
costs on the developer.
(b) Without limiting the generality of Subsection (a), the permit-issuing authority may modify
the presumptive requirements for:
(1) Non-residential developments located adjacent to nonconforming residential uses in non-
residential zoning districts,
City of Arlington 20.76-3 Revised^eta -zJune 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
(2) Non-residential uses located adjacent to other similar uses within the same zoning
district,
(3) Any development where it is found that the presumptive requirement would cause a
nuisance or sight distance problem.
(4) Where Type A screening is required along a street, if the office or other similar non-
intensive portion of the use is placed between the street and the intensive portion of the
use, then only Type B screening is necessary between that non-intensive portion and the
street.
(5) Whenever a building is located adjacent to or within 5 feet of a street right-of-way, as
Iencouraged by the Development Design GuidelinesStandards, and the applicant includes
windows intended to provide pedestrian visibility into the establishment, then the
screening requirement may be modified by requiring only low growing vegetation so as
not to block such visibility.
(c) Whenever the permit-issuing authority allows or requires a deviation from the presumptive
requirements set forth in §20.76.050 Table of Screening Requirements, it shall enter on the
face of the permit the screening requirement that it imposes to meet the standard set forth in
§20.76.020 General Screening Standard and the reasons for allowing or requiring the
deviation.
(d) If the permit-issuing authority concludes, based upon information it receives in the
consideration of a specific development proposal, that a presumption established by
§20.76.050 Table of Screening Requirements is erroneous, it shall initiate a request for an
amendment to the Table of Screening Requirements in accordance with the procedures set
forth in Chapter 20.96, Amendments.
20.76.070 Combination Uses.
(a) In determining the screening requirements that apply between a combination use and another
use, the permit-issuing authority shall proceed as if the principal uses that comprise the
combination use were not combined and reach its determination accordingly, relying on the
table set forth in §20.76.050 (Table of Screening Requirements) interpreted in the light of
§20.76.060 (Flexibility in Administration Required). The developer shall be required to
install the strictest form of screening required by any one of these principal uses.
(b) When two or more principal uses are combined to create a combination use, screening shall
not be required between the component principal uses unless they are clearly separated
physically and screening is determined to be necessary to satisfy the standard set forth in
§20.76.020(General Screening Standard).
20.76.080 Subdivisions.
(a) When non-residential, undeveloped land is subdivided and undeveloped lots only are sold,
the subdivider shall not be required to install any screening. Screening shall be required, if at
all, only when the lots are developed, and the responsibility for installing such screening shall
be determined in accordance with the other requirements of Part I of this chapter.
(b) When residential, undeveloped land is subdivided and undeveloped lots only are sold, the
subdivider shall be required to install any perimeter screening required.
City of Arlington 20.76-4 Revised^eber''�iJune 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
20.76.090 Special Screening Requirements.
(a) Due to the potential for significantly worse adverse impacts between the following non-
compatible uses, in addition to the other requirements of this chapter a 30-foot wide
landscaped screen shall be maintained along common boundaries between the below listed
districts or uses.
(1) All uses within all residential and industrial zoning districts adjacent to Interstate 5, State
Route 9, State Route 530, and State Route 531 east of 67th Avenue NE shall maintain
said screen along said roads.
(2) Wherever any non-residential zoning district abuts a residential zoning district, all uses
within the non-residential district shall maintain said screen along common boundaries.
For the purposes of this section, where a road separates the zoning districts,the properties
are not considered to abut.
(b) The screen shall consist of visual obstructions from the ground to a height of at least 30 feet
at maturity; including evergreen trees planted at least three deep. This screen is intended to
minimize all visual and noise contact between uses and to create a strong impression of
visual separation. The screen may be composed of planted or existing vegetation, and the
retention of existing significant trees that are not prone to windthrow is strongly encouraged.
Compliance of planted or natural vegetative screens will be judged based on the average
mature height and density of foliage of the subject species, or field observation of existing
vegetation. The screen must be opaque in all seasons of the year. At maturity, there should
not be any unobstructed openings to a height of 10 feet.
(c) The permit-issuing authority may approve averaging of buffer widths to prevent denial of all
reasonable use of property.
City of Arlington 20.76-5 Revised OC-tebff 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
Table 28.76-1 Screening Requkements
Use Frontage Side and Rear
TLandscaping Property Lis
Agricultural
Type A—All Neighboring
Residential
Commercial Greenhouse On-Premises Sales N/A Type C—All Other
Neighboring Properties
Aviation Related Sales and Service Operations
Aviation Fuel Sales
Aircraft Painting and Body Work Type A All Neighber-ing
Aircraft Repair and Maintenance,Not Including Resider
Substantial Body Work �gthe
Type B
Aircraft Sales or Rentals
Aircraft Sales with Installation of Aircraft Parts or
Accessories(Propellers,Tires,Mufflers,etc.) N/A
Aircraft Wash
Cultural,Social or Fraternal Uses
Art Gallery or Center
Library Type A—All Neighboring
Museum, Residential
Social Club Type C Type C—All Other
Fraternal Clubs and Lodges Neighboring Properties
Union Halls
Similar Uses.
Educational
Colleges,Universities,Community Colleges
Training Facility Type A—All Neighboring
Commercial Nursery Schools/Day Care Center Residential
Elementary Schools Type C Type C—All Other
D Neighboring Properties
Secondary/High School
Trade School,Vocational School
Industry,Manufacturing,Processing,Repairing,Renovating,Assembly of Goods,Merchandise or Equipment
Brewery,Distillery,Craft Beverage Production with or
without Tasting Room or Restaurant(No Drive-Thru
Services)
Operations Conducted Entirely Within Fully Enclosed Type A—All Neighboring
Building and Primarily Consists of Business Done with PFepeFt+esResidential
Walk-In Trade Type B Type B—All Other
Operations Conducted Entirely Within Fully Enclosed Neighboring Properties
Building and Primarily Consists of Business Done without
Walk-In Trade
Operations Conducted Entirely Within or Outside Fully
Enclosed Building.
City of Arlington 20.76-6 Revised AetebeFn_4_=June 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
Use Frontage Side and Rear
Landscaping Property Lines
Institutional Residence,Care,or Confinement Facilities
Hospitals
Medical Clinics
Dental Clinics and Offices
Type A-All Neighboring
Institutions(Other than Halfway Houses)for Confined Residential
Mentallv Ill Persons
Type B Type C-All Other
Nursing Care Institutions Neighboring Properties
Intermediate Care Institutions
Handicapped or Infirm Institutions
Childcare Institutions
Penal and Correctional Facilities
Marijuana Production,Processing,and Retail
Marijuana Production Type B Type A-All Neighboring
Marijuana Processing Properties
Type A-All Neighboring
Residential
Marijuana Retail Type C Type C-All Other
Neighboring Properties
Motor Vehicle Related Sales and Service Operations
Car Wash
Electric Vehicle Infrastructure
Fuel Sales Type A-All Neighboring
Painting and Body Work with No Storage of Vehicles Residential
Repair and Maintenance.Not Including Substantial Body Type B Type B-All Other
Work,and No Storage of Vehicles Neighboring Properties
Vehicle Sales and Rental or Mobile Home Sales
Vehicle Sales with Installation of Motor Vehicle Parts or
Accessories(Tires,Mufflers,etc.)
Scrap Materials Salvage Yards,Junkyards,Automobile Type A-All Neighboring
Graveyards,and Automobile Recycling Facilities Type A Properties
Towing Operations
Office
Government Office Buildings
Health Care Facility Type A-All Neighboring
Industrial or Manufacturing On-Site Office Residential
Research and Development Type C Type C-All Other
Technology Neighboring Properties
Other Similar Uses
Open Air Markets and Horticultural Sales
Type A-All Neighboring
Horticultural Sales with Outdoor Display Residential
Temporary(Seasonal)Farmer's Market Type C Type C-All Other
Neighboring Properties
City of Arlington 20.76-7 Revised Getebef-1-MUne 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
Use Frontage Side and Rear
Landscaping Property Lines
Personal Services
Banks with Drive-Thru Windows Type A—All Neighboring
Residential
Dry Cleaner/Laundromat Type B Type B—All Other
Travel Agencies Neighboring Properties
Type A—All Neighboring
Salon/Barber Shop/Beauty Shop/Tanning Type C Residential Studio: Art,Music,Dance Type C—All Other
Neighboring Properties
Professional Services
Attorney/Legal Services
Clinics of Physicians or Dentist Type A—All Neighboring
Consultant Residential
Funeral Home Type C Type C—All Other
Insurance/Stockbroker Neighboring Properties
Other Similar Uses
Type A—All Neighboring
Crematorium Type A Properties
Public and Semi-Public Facilities
N/A—For Operations
Airport N/A Protect Tree Buffer Where
Established
Type A—All Neighboring
Aif:pat Residential
Military Reserve,National Guard Centers Type-AC Residential
B—All Other
Neighboring Properties
Bus Station,Train Station Type B Type A—All Neighboring
Properties
Type A—All Neighboring
Residential
Post Office Type C Type B—All Other
Neighboring Properties
Public and Semi-Public Facilities
Type A—All Neighboring
Civil Defense Operation Residential
Fire Stations Type C Type B—All Other
Police Stations Neighboring Properties
Rescue Squad,Ambulance Service NIA—Neighboring Properties
with Like Uses.
Temporary Mobile or Modular Structures Used for Public The Primary Use of the Building Determines the
Services(Mobile Classrooms,Civic Services,Public Screening Type
Health Centers,Emergency Response Centers,etc.)
City of Arlington 20.76-8 Revised Oete 3June 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
Use Frontage Side and Rear
Landscaping Property Lines
Recreation,Amusement,Entertainment-Indoor
Bowling Alleys, Skating Rinks,Indoor Tennis and Squash
Courts,Billiards and Pool Halls,Indoor Athletic and Type A—All Neighboring
Exercise Facilities,and Similar Uses Residential
Type C Type C—All Other Neighboring
Movie Theaters Seating Capacity Less than 300 Properties
Movie Theaters Unlimited seating capacity
Type A—All Neighboring
Residential
Indoor Automobile and motorcycle racing tracks Type AB Type B—All Other
Neighboring Properties
Recreation,Amusement,Entertainment-Outdoor
Type A—All Neighboring
Athletic Fields,Tennis Courts,Swimming Pools, Residential
Miniature Golf Courses,Water Slides,Skateboard Parks, Type C Type B—All Other
Parks, Swimming Pools,
Neighboring Properties
Coliseums,stadiums,and all other facilities designed to
seat or accommodate simultaneously more than 1,000
people Type AB Type A—All Neighboring
Drive-in movie theaters Properties
Outdoor Entertainment Venue or Amphitheater
Type A—All Neighboring
Golf Course,Par 3 Golf Course,Driving Range,and Residential
Similar Uses Type B Type B—All Other
Neighboring Properties
Religious
Type A—All Neighboring
I Residential
Religious Assembly—Principle Type C
Type C—All Other
Neighboring Properties
Religious Assembly—Accessory The Primary Use of the Building Determines the
Screening Type
Residential
Mobile Home 1 Tree in the Front 1 Tree in Rear Yard
Yard and/or Street N/A—All Neighboring
Single-Family Apartment Above Permitted Non- Trees
Residential Use(only one) the c : �. Residential
.,
FFORtage)and 1 Type A—All Other
Single-Family Residence,Detached :PFP-@- iR the ROW Neighboring Properties
1 Tree in Rear Yard
Cottage Housing 1 Tree in the Front Type B—Neighboring Single-
Yard and/or Street Family Residential Only.
Trees(Depends en
the�,,;�,;„„cf-°e, N/A—Other Neighboring
d1 Residential
Mobile Home Park wee in the Rear Type A—All Other
Neighboring Properties
City of Arlington 20.76-9 Revised GeIsbeF202kJUne 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
use Frontage Side and Rear
Landscaping—F Property Lines
Residential
Accessory Dwelling Unit 1 Tree in the Front 1 Tree in the Rear Yard
Yard and/or Street Type C-Neighboring Single-
Trees ODepends en Family Residential Only.
tleC +ng-SEreet N/A-Neighboring Residential
18ge)afid 1
Duplex TFee-in-the-1 eaf Type A-All Other
44V4 Neighboring Properties
1 Tree in the Front 1 Tree in the Rear Yard
Yard and/or Street Type B-Neighboring Single-
Multi-Family Rowhouses Trees(Depends en Family Residential Only.
Multi-Family Townhouses the&:5::^b Wee! N/A-Other Neighboring
Multi-Family Triplex Fed-{- Residential
Tree�#e Rea f Type A-All Other
YaM Neighboring Properties
Multi-Family Apartments Type B-Neighboring Single-
Multi-Family Conversions Family Residential Only.
Multi-Family Fourplex N/A-Other Neighboring
Multi-Family Garden Apartments Type C Residential
Multi-Family Use Above a Permitted Non-Residential Use Type A-All Other
(Mixed Use) Neighboring Properties
Residential Homes Emphasizing Special Services,Treatment,or Supervision
Adult Family Homes(6 or fewer adults)
Halfway houses 1 Tree in the Front Yard and/or Street 1 Tree in the Rear Yard
Homes for handicapped or infirm Trees EPepeRds en N/A-Other Neighboring
Nursing care, intermediate care homes the Existing StFeet Residential
Permanent Supportive Housing Ffont`T-Fee inand Type A-All Other
Special Needs Childcare homes ReaF Neighboring Properties
Y-afTransitional Housing
In-Home Child Day Care The Primary Residential Use of the Building
Determines the Screening Type
Residential Rooms for Rent Situations
Rental of Room within a Single-Family Residence 1 Tree in the Front
Boarding houses Yard and/or Street
Rooming houses Trees 1 Tree in the Rear Yard
Emergency Housing the Existing St == Type A-All Neighboring
Emergency Shelter Fraetage)and Properties
Tourist homes and other temporary residences renting by TFee in the-
Reff
the day or week Yard
Hotels,motels,and similar businesses or institutions Type C Type A-All Neighboring
providing overnight accommodations Properties
City of Arlington 20.76- 10 Revised Aetebe�?June 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
Use Frontage Side and (tear
Landscaping Property Lines
Restaurants,Bars,Night Clubs
Cary-Out and Delivery Service;No Drive-Thru Service;
Consumption Outside Fully Enclosed Building
Carry-Out and Delivery Service;Drive-Thru Service;
Service or Consumption Outside Fully Enclosed Building
Type A—All Neighboring
Residential
Establishments Offering Adult Entertainment Type C
Type B—All Other
Gambling Establishments Neighboring Properties
No Substantial Carry-Out or Delivery Service;No Drive-
Thru Service;Service or Consumption Inside or Outside
Fully Enclosed Building
Retail Trade
Convenience Stores
General Mercantile Type A—All Neighboring
Principal Use Residential
Sales/Rentals Incidental to a Non-Retail Principal Use L Y PC; Type B—All Other
Neighboring Properties
Wholesale Sales
Distribution Center
I Home Occupation The Primary Residential Use of the Building
Determines the Screening Type
The Surrounding Properties Determine Any Required
Mobile Sales and Delivery Screening and Any Drive—Thru Aisles Require
Screening
Services and Enterprises Related to Animals
Kennel Type A—All Neighboring
Residential
Pet Grooming/Pet Store Type C Type B—All Other
Veterinarian Neighboring Properties
Soil Processing,Mining,or Quarrying Operations
Soil processing,mining,quarrying operations,including Type A Type A—All Neighboring
on-site sales of product Properties
Solid Waste Facilities(Publicly or Privately Owned)
Biosolid Recycling
Sanitary Landfill Type A Type A—All Neighboring
Solid Waste Recycling Center Properties
Solid Waste Transfer Station
City of Arlington 20.76- 11 Revised Oete e r^02%lune 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
-F
Use Frontage Side and Rear
Landscaping Property Lines
Storage and Parking
Aircraft Parking or Storage
Type A—All Neighboring
Parking of vehicles or storage of equipment outside Residential
enclosed structures where vehicles or equipment are Type A
owned and used by the person making use of lot, Type B—All Other
Neighboring Properties
Warehouse Storage Facility
Utility Facilities
Electrical Community or Regional Facility Type A Type A—All Neighboring
Electrical Neighborhood Facility Properties
Wireless Communication Facilities
Commercial Antennas 50 feet tall or less
Commercial Antennas more than 50 feet tall and receive-
only earth stations
Commercial Monopole I
Commercial Monopole II
Type A—All Neighboring
Commercial Macro Facilities Type A Properties
Commercial Micro Facilities
Commercial Mini Facilities
Non-Commercial Towers and Antennas 50 feet tall or less
Non-Commercial Towers and Antennas more than 50 feet
tall and receive-only earth stations
Part II. Shading
20.76.100 Council Findings and Declaration of Policy on Shade Trees.
(a) The council finds that:
(1) Trees are proven producers of oxygen, a necessary element for human survival,
(2) Trees appreciably reduce the ever-increasing environmentally dangerous carbon dioxide
content of the air and play a vital role in purifying the air we breathe,
(3) Trees transpire considerable amounts of water each day and thereby purify the air much
like the air-washer devices used on commercial air conditioning systems,
(4) Trees have an important role in neutralizing stormwater passing through the ground from
the surface to ground water tables and lower aquifers,
(5) Trees, through their root systems, stabilize the ground water tables and play an important
and effective part in soil conservation, erosion control, and flood control,
City of Arlington 20.76- 12 Revised Qetebbe;-_June 2024
Title 20—Land Use Code Chapter 20.76: Screening and Trees
(6) Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban
setting, making urban life more comfortable by providing shade and cooling the air and
land, reducing noise levels and glare, and breaking the monotony of human developments
on the land, particularly parking areas, and
(7) For the reasons indicated in Subsection (6), trees have an important impact on the
desirability of land and therefore on property values.
(b) Based upon the findings set forth in Subsection (a), the council declares that it is not only
desirable but essential to the health, safety, and welfare of all persons living or working
within the city's planning jurisdiction to protect certain existing trees and, under the
circumstances set forth in this chapter, to require the planting of new trees in certain types of
developments.
20.76.1 10 Required Trees Along Dedicated Streets.
Along both sides of all newly created, widened, or improved streets that are constructed in
accordance with the public street standards set forth in Chapter 20.56 (Streets & Sidewalks), the
developer shall either plant or retain sufficient trees so that within the landscape strip there is for
every 30 feet of street frontage at least an average of one deciduous tree of two inches dbh at the
time of planting and with a canopy that starts at least eight feet above finished grade and has or
will have when fully mature a trunk at least 8 inches in diameter. Root barriers shall be provided
for all street trees and the landscape strip shall be planted per the Department of Public Works'
Standards and Specifications. It is a violation of this Title to pave or cover the landscape strip
with impervious material or to park motor vehicles on this strip. When the developer plants trees
pursuant to this section, the developer shall choose trees that meet the standards set forth in the
Department of Public Works' Design Standards and Specifications.
20.76.112 Protection of Street Trees.
(a) Unless specifically authorized by the City's Responsible Official, no person shall damage
any street tree, attach any rope, wire, nails, advertising posters, or other contrivance to any
street tree; allow any gaseous, liquid or solid substance which is harmful to trees to come into
contact with them; set fire or permit any fire to burn when such fire or the heat thereof will
injure any portion of any street tree; excavate any ditches, tunnels, trenches or lay any drive
within a radius of 10 feet of any street tree; deposit place or store any materials which may
impede the free passage of water and fertilizer to the roots of any street tree.
(b) Street trees that are damaged or removed shall be replaced, at the expense of the property
owner. with a tree from the City of Arlington Approved Street Tree List and planted in
accordance with City of Arlington Standard R-260 and City of Arlington Tree Evaluation
Application. Street trees that are removed or damaged and not replaced shall be replaced by
the City of Arlington at the expense of the property owner, at the rate established by the most
current fee schedule.
20.76.120 Retention and Protection of Significant Trees.
(a) Every development shall retain all existing significant trees and significant stands of trees,
with a diameter at breast height (dbh) of at least eight inches for deciduous trees and at least
twelve inches dbh for evergreen trees, unless the retention of such trees would unreasonably
burden the development or in the opinion of the permit-issuing authority cause a significant
safety problem.
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Title 20—Land Use Code Chapter 20.76: Screening and Trees
(b) No excavation or other subsurface disturbance may be undertaken within the critical root
zone (CRZ) where feasible, which may extend outside of the drip line of existing tree
branches, of any of the trees regulated by subsection (a), and, except for street trees, no
impervious surface (including, but not limited to, paving or buildings) may be located within
twelve and one-half feet (measured from the center of the trunk) of any tree eighteen inches
in diameter or more unless compliance with this subsection would unreasonably burden the
development. For purposes of this subsection, a drip line is defined as a perimeter formed by
the points farthest away from the trunk of a tree where precipitation falling from the branches
of that tree lands on the ground.
(c) The retention or protection of significant trees and significant stands of trees as provided in
subsections (a) and (b) unreasonably burdens a development if, to accomplish such retention
or protection, the desired location of improvements on a lot or the proposed activities on a lot
would have to be substantially altered and such alteration would work an unreasonable
hardship upon the developer.
(d) When significant trees or significant stands of trees are present on a site for which a land use
permit is submitted,the applicant shall provide a tree survey, showing size, type, and location
of all significant trees and stands of trees. Critical root zones shall be fenced prior to
construction with orange plastic mesh fencing or approved equivalent. Any significant trees
removed because their retention would unreasonably burden a development shall be replaced
with five-gallon-sized native species at a ratio of three to one. If the replacement trees are to
be planted on building lots, the developer shall provide adequate protection from damage
during construction, or planting shall occur after construction, in which case a planting plan
and security shall be provided to ensure their planting.
(e) If it is physically impossible to replant all replacement trees on-site, then the applicant may
mitigate the loss of trees by either planting trees on public property within the city as
approved by the community development director, and/or paying a mitigation fee into the
city's tree mitigation in-lieu fund. This fee shall be set forth in the city's fee resolution and
equal the cost of the trees and planting labor.
(f) If any significant tree identified to be protected pursuant to this section is removed or
damaged to the extent that its ability to survive is seriously threatened, without the city's
prior written consent, the loss shall be remedied pursuant to Section 20.28.040(c) (penalties
and remedies for violations), with the understanding that each tree so removed or damaged
shall be counted as a separate violation.
(g) If space that would otherwise be devoted to parking cannot be so used because of the
requirements of subsections (a) or (b), and, as a result, the parking requirements set forth
in Chapter 20.72 (Parking) cannot be satisfied, the number of required spaces may be
reduced by the number of spaces "lost" because of the provisions of subsections (a) and (b),
up to a maximum of fifteen percent of the required spaces.
20.76.124 Shade Trees on Lots.
(a) Each new or existing lot within the City shall maintain a minimum number of trees on-site,
as specified in Subsection (b). This section shall be enforced at the time that any land use or
building permit is issued. If fewer than the required trees exist on a lot for which a land use
or building permit is applied, the granting of the permit shall be conditioned on the planting
of trees to meet the requirements of this section.
(b) The minimum number of required trees depends on the Zoning District in which the site falls,
as follows:
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Title 20—Land Use Code Chapter 20.76: Screening and Trees
1. Residential Ultra Low Capacity, Residential Low Capacity, Residential Moderate
Capacity, Residential Medium Capacity, and Old Town Residential—2 trees per lot.
2. All other zoning districts — The tree requirement is satisfied by compliance with
§20.76.020 (General Screening Standard), §20.76.090 (Special Screening Requirements),
§20.76.110 (Required Trees Alone Dedicated Streets), and §20.76.130 (Shade Trees in
Parking Areas).
(c) If street trees are present or are required to be installed as part of a development or building
permit, said street trees may count toward one of the trees required by Subsection (b).
f.dhNon street trees required per this section shall be a native species, have a minimum 1.5-inch
diameter at breast height (dbh), and attain a minimum height of 25 feet at maturity. Standards
for street trees are found in §20.76.1 10(Required Trees Along Dedicated Streets).
(4)(e) Root barriers shall be provided for all trees planted adjacent to sidewalks, paved driving
areas. and paved parking areas. Root barrier shall be 18 inches deep and 6 feet wide.
(e) fLAt least one of the required trees should be planted near the rear property line of the lot.
The intent of this regulation is to create rows of trees behind and between rows of houses,
thus affording privacy and creating a forested view of the community when seen from ground
level.
(4)jg)__The permit-issuing authority may relax or waive the requirements of this section if it can
be demonstrated that the intent of the section is met through existing vegetation, that
placement of trees on the site is physically unfeasible, or for valid urban forest management
reasons.
20.76.130 Shade Trees in Parking Areas.
I Vehicle accommodation areas as defined in §20.08.010 (Basic Definitions and
Interpretations) that are required to be paved by §20.72.060 (Parking Area Surfaces) must be
shaded by deciduous trees (either retained or planted by the developer)that have or will have
when fully mature a trunk at least 8 inches in diameter. When the developer plants trees to
satisfy the requirements of this subsection, the developer shall choose trees that meet the
standards set forth in the Department of Public Works' Design Standards and Specifications.
(e)(b) Root barriers shall be provided for all trees planted adjacent to sidewalks. paved driving
areas, and paved parking areas. Root barriers shall be 18 inches deep and 6 feet wide.
(1)LLLandscaping within vehicle accommodation areas shall meet the requirements of§20.46
(Design) and the Development Design Standards.
(OLQ_Each tree of the type described in Subsection (a) shall be presumed to shade a circular
area having a radius of 15 feet with the trunk of the tree as the center, and there must be
sufficient trees so that, using this standard, 20 percent of the vehicle accommodation area
will be shaded.
(4)Lej_Except as noted in Subsection (d), no paving may be placed within 2% feet (measured
from the center of the trunk) of any tree retained to comply with Subsection (a), and new
trees planted to comply with Subsection (a) shall be located so that they are surrounded by at
least 200 square feet of unpaved area.
(e3 fLPervious paving (grasscrete, metal grating, etc.) may be used within 2'/z feet of a tree if(i)
the parking lot is designed so that no significant run-off from the paved areas drains into the
area around the base of the tree(s) and (ii) barriers are placed in such a manner as to prevent
vehicles from damaging such trees.
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Title 20—Land Use Code Chapter 20.76: Screening and Trees
(4)tgLVehicle accommodation areas shall be laid out and detailed to prevent vehicles from
striking trees. Vehicles will be presumed to have a body overhang of three feet, six inches.
WLhhLVegetation shall be planted and maintained to prevent obstruction of driver visibility of
pedestrians and other vehicles.
Part III. Maintenance
20.76.140 Maintenance of Screening and Shading Elements.
All screening and shading elements required by this Chapter shall be maintained by the owner
for the life of the project to the following standard:
1. All plant material shall be maintained with respect to pruning, trimming, mowing,
watering, insect control, and fertilizing to maintain a healthy growing condition, create an
attractive appearance, and to accomplish the purpose for which it was required.
2. Dead, diseased, stolen, vandalized, or damaged plants shall be replaced within three
months with the plants indicated on the approved landscape plan.
3. All screening and shading elements shall be maintained reasonably free of weeds and
trash.
4. All screening and shading elements located within public rights-of-way shall be
maintained by the abutting property owner.
City of Arlington 20.76- 16 Revised October393?June 2024
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.
2024-011 was approved at the June 17, 2024 City Council meeting.
ORDINANCE NO. 2024-011
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON AMENDING CHAPTER 20.76
OF THE ARLINGTON MUNICIPAL CODE REGARDING SCREENING AND TREES
UNDER CITY PLANNING NO. PLN 1178"
A true and correct copy of the original ordinance is attached.
Dated this 18th day of June, 2024
Wendy VaA Der Meersche / J
City Clerk for the City of Arlington