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HomeMy WebLinkAbout_09-08-25 Council WorkshopSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. CALL TO ORDER Mayor Don Vanney PLEDGE OF ALLEGIANCE ROLL CALL Mayor Don Vanney – Julie APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Airport Equipment Purchase ATTACHMENT A Staff Presentation: Monroe Whitman Council Liaison: Rob Toyer 2. Bid Award for 188th Street and Smokey Point Blvd Roundabout Project ATTACHMENT B Staff Presentation: Jim Kelly Council Liaison: Heather Logan 3. Island Crossing Subarea Plan Contract Amendment with Makers Architecture ATTACHMENT C Staff Presentation: Amy Rusko Council Liaison: Debora Nelson 4. Ordinance Amending Arlington Municipal Code Chapter 20.93 ATTACHMENT D Staff Presentation: Amy Rusko Council Liaison: Leisha Nobach 5. Ordinance Amending Arlington Municipal Code Chapter 20.110 ATTACHMENT E Staff Presentation: Amy Rusko Council Liaison: Yvonne Gallardo-Van Ornam 6. Ordinance Amending Arlington Municipal Code Chapter 5.28 ATTACHMENT F Staff Presentation: Amy Rusko Council Liaison: Jan Schuette Arlington City Council Workshop Monday, September 8, 2025 at 6:00 pm City Council Chambers – 110 E 3rd Street SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required. 7. Police Quarterly Report ATTACHMENT G Staff Presentation: Mike Gilbert 8. North County Regional Fire Authority Quarterly Report ATTACHMENT H Presentation: Dave Kraski ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Michele Blythe / Mayor Don Vanney City of Arlington Council Agenda Bill Item: WS #1 Attachment A September 8, 2025 Airport Equipment Purchase Comparables on the Market Airport; Monroe Whitman, Airport Operations Manager 360-403-3471 EXPENDITURES REQUESTED: $41,534.00 (including tax) BUDGET CATEGORY: Capital Outlay BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: airport is selling this SkyTrak lift for a price comparable to others currently on the market (attached is a list of market comparables for reference.) Since the lift is currently located on the field, staff will avoid delivery costs, resulting in additional savings. Moreover, purchasing this lift will eliminate the need to rent one in the future, further contributing to cost savings. Maintenance and Operations (M&O), along with Airport Operations, have indicated that acquiring this lift will be an asset for the airport as operational and preventive maintenance needs continue to increase. not extend as far and is used throughout the city. Remand to staff for additional information. “I move to approve the purchase of a 2012 SkyTrak 8042 Telehandler and authorize the City Administrator to sign documents.” Purchase 2012 SKYTRAK 8042 - Used Telehandler Lift Year - 2012 Model - JLG 8042 Hours - 2,653.5 Price - $38,000 (without tax) Other used models on the market for comparison 2013 SkyTrak 8042 Telehandler Year - 2013 Model - 8042 Hours - 4,750 Price - $40,500 (without tax) 2013 SkyTrak 8042 Telehandler For Sale, 4,750 Hours | Bowling Green, KY | 1230 | MyLittleSalesman.com 2016 SKYTRAK 8042 - Used Telehandler Lift Year - 2016 Model - 8042 Hours - 3,857 Price - $36,850 (without tax) 2016 SKYTRAK 8042 – Used Telehandler Lift | Aerial Titans 2015 SKYTRAK 8042 Used Telehandler Lift Year - 2015 Model - 8042 Hours - 2,009 Price - $39,850 (without tax) 2015 SKYTRAK 8042 Used Telehandler Lift | Aerial Titans City of Arlington Council Agenda Bill WS #2 Attachment September 8, 2025 Low Bid award for the Smokey Point Blvd & 188th St Roundabout Project Preliminary Bid Tab Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: $4,524,126.49 (apparent low bid not determined) BUDGET CATEGORY: Grant, Transportation Imp and Utility Funds BUDGETED AMOUNT: $5,045,000 budgeted 2025 LEGAL REVIEW: DESCRIPTION: Review of preliminary bid tabulation for the Smokey Point Blvd & 188th St Roundabout Project The city received a federal grant for the construction of the Smokey Point Blvd and 188th St Roundabout. Work shall include the construction of a single lane roundabout at the intersection of Smokey Point Blvd and 188th Street. Due to bidding irregularities with the first bid opening, the project was re-bid. Bids received from the second round of bidding were opened on August 28. The preliminary bid tabulation has been sent to WSDOT for approval. Staff will be recommending the project be awarded to certified low bidder, pending contractor certification, WSDOT approval, and City Attorney approval. Project funding is as follows: Source Amount Budgeted 2025 ALTERNATIVES: at the September 15, 2025 Council meeting. City of Arlington Council Agenda Bill WS #3 Attachment September 8, 2025 Authorization of Original and Amended Contract with MAKERS Architecture and Urban Design for the Island Crossing Subarea Plan, Development Standards, Planned Action Ordinance, and Environmental Impact Statement. Island Crossing Budge Document, Original Executed Contract, Amended Executed Contract Community & Economic Development; Amy Rusko, Director EXPENDITURES REQUESTED: $238, 908.50 (2024) and $90,000.00 (2025) BUDGET CATEGORY: BUDGETED AMOUNT: $440,000.00 (includes 2024 & 2025) LEGAL REVIEW: DESCRIPTION: Crossing Subarea Plan and Development Standards in the amount of $238,908.50 and the amended Environmental Impact Analysis (EIS) and the Planned Action Ordinance. The total contract amount of $328,908.50. The total contracted amount is under the original budgeted amount. In 2024, we budgeted $220,000 and spent $156,274.67 out of the Community and Economic Development Budget for the Island Crossing Subarea Plan. In 2025, we budgeted $220, 000 and have spent thus far $66,455.75, leaving a balance of $106,178.08 of which is pending the remaining invoices. The original contract was completed February 13, 2024 for $238, 908.50 (attached). The amended contract was completed April 29, 2025 for $90,000.00 (attached). ALTERNATIVES: Remand to staff for additional information Workshop; discussion only. At the September 15, 2025 Council meeting, the recommended motion will be, “I move to authorize the mayor to sign the contract with MAKERS Architecture and Urban Design, in an amount not to exceed $328,908.50.” Island Crossing Subarea Plan Budget 4/29/2025 Rachel Miller,Partner Exhibit C Arlington Island Crossing PAO and EIS Preliminary Draft Scope of Work March 24,2025 Project Goal The City of Arlington is preparing a Planned Action EIS for the Arlington Island Crossing (IC) subarea.This scope of services covers the consultant team,consisting of MAKERS,Transpo Group,and Herrera. The final product/outcomes are an Environmental Impact Statement (EIS)and Planned Action Ordinance (PAO)for the Island Crossing Subarea Plan (IC-SAP)to facilitate development that meets community goals.The goal for project completion is June 30,2025. Project Assumptions •The final products will be delivered to the City of Arlington. •The consultant team expertise will include: o SEPA o Transportation o Natural systems:wetlands,fish and wildlife o Geotechnical o Land use and urban design o Formulation of Planned Action measures o Draft and Final Subarea Plan preparation (separate contract) o Draft and Final Environmental Impact Statement preparation •Most regularly-scheduled progress meetings will be held remotely.In-person trips by the consultant team may occur for major milestone meetings and public meetings. •The IC Planned Action EIS will leverage analyses completed for the 2024 Comprehensive Plan as well as additional work completed related to developing the IC Subarea Plan. •The City will mail all required notices. •The City will provide substantial staff and presentation resources (in collaboration with the consultant team)for all public meetings referenced in this scope of work. •The City will maintain a project website for the subarea planning and SEPA analysis process. •City staff will lead briefings with City Council and Planning Commission,but there will be coordination with the MAKERS team to assist with these meetings. Island Crossing EIS &PAO -Preliminary Scope of Work MAKERS architecture and urban design Page 1 •The subarea plan and associated Planned Action EIS will adhere to WAC 197-11-164 and RCW 43,21C,440. •The City will provide a list and/or map of capital improvements planned for implementation within the planning horizon (likely 20 years or the Comprehensive Plan horizon)affecting the study area. Scope of Work 1.Project Management 1.Management and coordination.MAKERS will prepare monthly invoices;prepare for and attend up to bi-weekly (as needed)team progress phone calls;and track scope,budget, and schedule.Update schedule as needed throughout the project.Coordinate with the team on an ongoing basis,including information requests and project calls,up to the level of effort indicated in the project budget.This task is built into the budgeted hours for the following tasks. 2.Background &Existing Conditions Analysis 1.Analyze existing conditions.MAKERS will identify which SEPA topics are likely to have significant impacts or be controversial.The consultant team will modify existing conditions reports to be used as Preliminary Draft EIS (PDEIS)affected environment sections.The PDEIS affected environment sections will address only the topics most likely to be scoped for the EIS.Likely topics include: •Land use and urban form (relationship to existing plans/estimated population, aesthetics/scenic resources)(MAKERS lead) •Transportation (Transpo lead) •Water (floods,surface water,groundwater,and wetlands)(Herrera lead) •Natural environment (plants and animals,natural resources)(Herrera lead) •Utilities (water,sewer,stormwater,electrical power,and natural gas)(City PW lead) MAKERS will lead the land use and urban form section (using data,plans,and/or other resources provided by City staff or drawn from the subarea plan),will review up to 3 sections authored by other subject matter experts,and will support graphics for other chapters.MAKERS will meet with City staff to understand relevant materials.This work informs the No Action or baseline alternative and will be used in the DEIS to help assess impacts of development envisioned in the subarea plan. The City will coordinate and consolidate their and any other partner/agency comments for the team. Deliverables •Draft and final land use and urban form existing conditions section for EIS affected environment (MAKERS) •PDEIS Affected Environment/Existing Conditions Report (team subject matter experts author their sections;MAKERS compiles and reviews) Island Crossing EIS &PAO -Preliminary Scope of Work MAKERS architecture and urban design Page 2 3.EIS Scoping 1.Determination of significance (DS)and scoping.MAKERS will prepare a draft determination of significance and scoping notice identifying elements of the environment and alternatives being considered for evaluation in the EIS.At this stage,the alternatives will be high level concepts that reflect the draft subarea plan zoning concept.The alternatives will be developed in more detail during Task X.City staff will finalize the Scoping notice,issue/distribute the notice,and post supporting material on their website. The City will receive and manage public comments.MAKERS will summarize public comments following the scoping comment period.MAKER will extract information relevant to the key findings and implications summary. 2.Community meeting.MAKERS will prepare materials,and depending on topic areas of interest,other team members will support.City staff will complete the noticing and cover meeting logistics,and the MAKERS team will lead the in-person community meeting required by RCW 43.21C.440 (3)(b)with staff support.The community meeting will take place during the DEIS public comment period. Objectives/agenda of this meeting may include: •Presentation o Present the alternatives that were developed o Share the results of the alternatives evaluation o Share considerations for the preferred alternative based on the analysis •Engagement o Collect public feedback on the evaluation results and preferences for different aspects of each alternative o Collect public feedback on elements of the subarea plan MAKERS will summarize the community meeting results. Deliverables •Draft SEPA determination of significance and scoping notice (MAKERS) •Summary of scoping comments received (MAKERS) 4.Alternatives Development 1.Develop alternatives.MAKERS,in collaboration with City staff,will update three alternatives for SEPA review:No Action (Alternative 1),Alternative 2,and Alternative 3. The action alternatives must be substantively different enough from one another for one to result in measurably less significant environmental impacts. MAKERS will develop concept maps and narrate the alternatives to highlight major differences in terms of land uses,circulation,and other major features in an alternatives memo.In addition to concept maps,MAKERS will refer to graphics developed for the Island Crossing EIS &PAO -Preliminary Scope of Work MAKERS architecture and urban design Page 3 subarea plan to illustrate the alternatives.City will review the draft alternatives to ensure consistency with EIS and City needs. 2.Refine alternatives.MAKERS will complete one round of refinements to the alternatives memo based on consolidated City staff review. Deliverables •Draft,and final alternatives memo (MAKERS) 5.Draft EIS &Alternatives Evaluation 1.DEIS template.MAKERS will lead the consultant team in developing the DEIS according to the requirements of WAC 197-11-440.EIS elements of the environment will include up to 5 topics,such as land use and urban form (relationship to existing plans/estimated population,aesthetics/scenic resources),transportation,water (floods,surface water, groundwater,and wetlands),natural environment (plants and animals,natural resources), utilities (water,sewer,stormwater,electrical power,and natural gas). 2.Preliminary internal review Draft EIS (PDEIS)and Planned Action measures.Analyze the alternatives for SEPA and public decision-making and complete early drafts of the impact analysis in the EIS template.Authors will identify potential mitigation measures based on the draft subarea plan.The PDEIS will be provided to City staff and the City Attorney for review,especially to ensure the analyses and potential mitigation measures are appropriate for the Planned Action Ordinance,and that analyses are accurate and appropriate. 3.Draft EIS for public review and comment.MAKERS,other authors,and the City may meet to finalize direction on edits.MAKERS and authors,as needed,will respond to City comments on the PDEIS and finalize the Draft EIS for the City to post on their website to start the public comment period. MAKERS will review City comments on the DEIS for relevancy to the Subarea Plan. Deliverables •Preliminary draft Planned Action measures (authors lead their relevant sections) •Preliminary Draft EIS for City review (MAKERS leads the consultant team,authors make edits in their sections) •Draft EIS for public review and comment (MAKERS leads the consultant team,authors make edits in their sections) 5.Preferred Alternative 1.Publish Draft Subarea Plan and DEIS;public comment period.MAKERS will develop a draft notice of availability for the Draft EIS and invitation to comment.The City will finalize and publish the Notice of Availability,draft Subarea Plan and Draft EIS according to City procedures and SEPA requirements.The City may combine noticing for the comment Island Crossing EIS &PAO -Preliminary Scope of Work MAKERS architecture and urban design Page 4 period and community meeting for efficiency and public understanding.MAKERS may provide input to the City's website for review by agencies,Tribes,organizations,and individuals interested in commenting on the Draft Subarea Plan and Draft EIS.The City will receive public comments,and MAKERS will organize and summarize them.MAKERS will extract information relevant to the subarea plan. 2.Develop preferred alternative.MAKERS will work with the project team to develop the preferred alternative,which may mix and match elements from any alternative. Deliverables •Draft DEIS notice of availability,invitation to comment,and community meeting notice (MAKERS) •Community meeting agenda,presentation,and activities (MAKERS lead City staff support) •Meeting summary (MAKERS) •Preferred alternative memo (MAKERS) 7.Final Subarea Plan.PAO,and EIS 1..Update draft subarea plan and development/design standards with preferred alternative. If needed,MAKERS and the consultant team will update the subarea plan and development/design standards with the preferred alternative. 2.Draft and final PAO.In collaboration with the City Attorney and City staff, MAKERS will prepare the ordinance that designates the Planned Action.The ordinance will address all legal requirements as outlined in WAC 197-11-168.MAKERS,with review from the City Attorney,will prepare a Planned Action-specific SEPA checklist.Update the Planned Action Ordinance based on consolidated comments provided by City staff. 3.Prepare Preliminary Final EIS.Following completion of the preferred alternative,MAKERS will prepare the preliminary Final EIS for internal review (PFEIS)that includes a factsheet, table of contents,Draft EIS analysis corrections as needed (e.g.,an Errata Sheet), description of the preferred alternative,and responses to comments.Team members will address comments to sections they authored if requested.Team cost estimate assumptions anticipate approximately 15 unique comments to be addressed.MAKERS will draft the preferred alternative description and address up to 10 unique comments on land use and urban form. 4.Prepare Final EIS.Based on comments received from the City on the PFEIS,MAKERS will prepare a Final EIS for public issuance,and will prepare a draft notice of availability. MAKERS will address City comments in sections MAKERS authored if requested.The City will finalize and publish the FEIS notice of availability,and will post the FEIS on their website.(The EIS typically reflects the Planning Commission recommendations.) 5.Refinements.The MAKERS team will make minor refinements to the PAO based on the outcome of the adoption process.The MAKERS team will be available to assist with a presentation,answer technical questions,or prepare short topical memos as needed up to the level of effort shown in the project budget. Island Crossing EIS &PAO -Preliminary Scope of Work MAKERS architecture and urban design Page 5 Deliverables •Draft and Final Planned Action Ordinance (MAKERS leads with City staff support) •Preliminary Final EIS for City review (MAKERS leads,authors address their sections) •Final EIS (MAKERS leads,authors address their sections) •Planned Action-specific SEPA checklist (MAKERS leads,with City Attorney review) Island Crossing EIS &PAO -Preliminary Scope of Work MAKERS architecture and urban design Page 6 Additional Assumptions •Hours not fully used for one task or expense may be reallocated to other tasks . •To keep the project on schedule,the City will provide information requested within two weeks from the date of request. •The City shall keep MAKERS apprised of any changes to information that would be of consequence to this project.Any new information arising over the course of the project shall be provided to MAKERS as soon as feasible.If this new information impacts the content of a substantially developed work product,MAKERS will endeavor to incorporate such new information into the final work product,if possible,given available budget. •The City will complete all scheduling,room reservations (if applicable)and meeting invitations.If meetings are held remotely,MAKERS may provide links for a videoconference. •This budget does not cover cost for translation of materials for meetings or language interpretation needed for meetings.City staff to identify translation and interpretation resources to support community engagement.The City provides interpretation for synchronous meetings when needed. •The budget does not cover space rental,food,beverages,or childcare for events, meetings,or presentations. •The schedule assumes meetings can be scheduled within target timeframes and reviews of minor deliverables (presentations and memos)can occur in one week. Reviews of the plan and EIS will be limited to two weeks. •Any design concepts developed by the team will be appropriate to facilitate decision making at the planning level. •No more than two versions of any deliverable will be provided (draft and final),except where otherwise noted.The City will distribute materials for review and coordinate and consolidate internal review comments received. •One electronic copy of the products will be provided to the City in pdf and Word. •The City will be responsible for payment of court reporters for scoping and DEIS public meetings if requested by the City. At t ac hrrent #2 Budget --- --- - ---1Jti11t1es and-MAKERS Transportation Water &rlatural E{lvironment P u b l l c S e - Transpo Group Herrera City Planner/ Graphic Sun=rt Partner-in- Charge/PM Lead Planner $215 $175 $150 Est.Cost by Tasks-1.Kickott,Engagement Plan,&Project Management 1.IManagement &coordination $- 2.BacKground &Existing Conditions s 1,995 2.1 Analyze existing conditions 3 6 I 2 $1,995 3.EIS Scoping s 9,950 3.1 4 8 8 $3,460Determinationors1gnmcance& scooina 6 16 16 $6,490 $5,590 3.2 Community meeting 4.Alternatives Development 1.Develop alternatives 4 10 10 $4,110 2 6 $1,480s12,920 2 4 $1.130 4.2 Refine alternatives 5.Draft EIS &Alternatives Evaluation 1.DEIS template 2.PDEIS and Planned Action measures 10 24 16 $8,750 6 10 s 3.0405.3 DEIS 6.Preferred Alternative s 3,740 Total Hours 59 6.1 6.2 Publish draft plan &DEIS;public Jcomments Develop preferred alternative 2 4 4 10 $s 1,130 2,610 7 .Fin al Subarea Plan,PAO,&EIS s 15,340 7.1 Update arart suoarea pian & standards 2 6 4 $2,080 7.2 Draft and final PAO 4 8 $2,260 7.3 Preliminary FEIS 6 20 9 $6,140 7.4 Final EIS 2 12 4 $3,130 7.5 Refinements 2 4 4 $1,730 148 73 Subtotal -s·"S20.10 J $89,535 Expenses Qtv Cost 1 day trip for 2 people 1 $231 iscellaneous expenses (printing)1 $234 jTotc,F'1 Jje _..,G; [Hlm♦ts:d PYcrnlr•11 tdp SRH '°'ant PFCIQ Item D Cost Quantit}' Eulmnrd ovccnmbt UIPCOil for:rwo PAAOle Item Cost Quantity £lllmiIH.Jtoy tr(p CRH roe two PIORII Item Cost Quantity Typical holel night (Sept-May)$116.00 Typical hotel night (Sept-May)S116.DO Ty111C,ll hQtPI n,ghf {Juu A•1£,))131)1)1)Typ1c,1I horel n,giu (Jw'•-·\u );l ll lJIJ Fc:d,,,.1p t-1dlt.m(,nc,b,,1nd en1;,)174.00 Federal per diem (meals and incidentals)S74.00 federal per diem (meals and incidentals:SSS.SO Typical ca,rental,daily $100.00 Typieol car rental,daily S120.00 Typical car rentat daily $120.00 r,/{'1,1lm1:il8l'I.IH'.' Total per trip per person cost estimate .S 290,00 11 Fr-,le,,31 m1lt,1a rate Total per trip per person cost estimate '5(J 66 S 500 00 F1-cf,•1,1I rrn!r;igerilt'? Total per trip per person cost estimate S066 S 231.()() -17 Exhibit C -Scope,Fee,and Schedule Client Name: Project Name: Dated: Makers ---Arlington Island Crossing Planned Action EIS 1.23c.;;2c.;;6-'-4-"'-.P--'-1 _March 12 2025 TG: Task 01 Transportation Impact Analysis The City of Arlington is preparing a Planned Action EIS for the Arlington Island Crossing (IC)subarea.This scope of services is for Transpo Group to prepare the transportation section of the EIS.The work conducted by Transpo Group for the Arlington Island Crossing Subarea Plan relied on the Arlington 2024 Comprehensive Plan;it is assumed that the IC Planned Action EIS will also leverage the Comprehensive Planning transportation analysis as well as additional work completed related to developing the IC Subarea Plan.The following scope of work provides detailed information on the intended transportation analysis for the EIS.The study area will include up to six (6)intersections based on the anticipated impacts of the Arlington IC and the location of developable lands within the subarea.The City of Arlington travel demand model will be used for future forecasting.Up to three (3)alternatives (No Action and two Action Alternatives)will be evaluated for a 2044 planning horizon year. The horizon year is consistent with the City of Arlington travel demand model and Comprehensive Plan.The task includes: 1.Existing Transportation Network.Transpo will leverage the work completed for the IC Subarea Plan to document the roadway network including non-motorized and transit facilities and services.We will incorporate any changes that have occurred since the completion of the IC Subarea Plan including planned improvements.The review of the existing transportation system will also identify freight routes. 2.Existing Traffic Volumes.Existing weekday PM peak period traffic volumes from the Comprehensive Plan will be utilized.Data was collected in June and November 2022.No new count data were assumed as part of this scope. 3.Existing Traffic Operations.Existing weekday PM peak hour intersection level of service (LOS)will be based on work completed by Transpo as part of the Comprehensive Plan.LOS analysis is based on methodologies described in the Highway Capacity Manual. 4.Traffic Safety Analysis.The most recent five-year accidenUcollision records at study intersections and roadways will be obtained and summarized.This analysis will leverage work completed for the IC Subarea Plan. 5.Planned Improvements.Transpo will leverage the work completed for the IC Subarea Plan and Comprehensive Plan to document the planned improvements. 6.Alternative Trip Generation.Daily and weekday PM peak hour IC Subarea trip generation for up to three (3)Alternatives will be estimated based on land use size and information published by the ITE in Trip Generation Manual as well as consideration of the travel demand model trip generation. 7.Project Trip Distribution and Assignment.Transpo will distribute and assign weekday PM peak hour project traffic onto the surrounding roadway network using the City of Arlington travel demand model. Transpo will complete a select zone for the Arlington IC to provide an understanding of the trip distribution and assignment for the Island Crossing area. 8.Forecast Traffic Volumes.It is assumed the No Action Alternative represents the adopted 2024 Comprehensive Plan. Transpo will leverage No Action forecasts developed as part of the Comprehensive Plan transportation analysis.Transpo will develop 2044 weekday PM peak hour forecast traffic volumes at up to six (6)study intersections for the two Action Alternatives.Transpo anticipates using an iterative process to conduct this analysis whereby developing forecasts for the No Action and for one (1)Action Alternative and then running traffic operations (see item 9).Transpo will i/f 2 then determine whether detailed traffic volumes and operations analysis is needed to disclose overall impacts of the second Action Alternative based on the outcome of the traffic operations analysis and the understanding of trip generation and assignment. 9.Traffic Operations Impact.Future 2044 weekday PM peak hour LOS will be calculated at study intersections based on methodologies described in the Highway Capacity Manual for up to three (3) Alternatives including one No Action Alternative and up to two (2)Action Alternatives.As described in item 8,Transpo will use an iterative process evaluating one of the Action Alternatives and then determining based on the outcome if detailed traffic operations analysis is needed to disclose impacts of the second Alternative or a simple comparison of alternatives is sufficient. Impacts of the Action Alternative(s)will be determined through a comparison to the No Action Alternative. As part of the traffic operations analysis,Transpo will review the heavy vehicle factors at the study intersections to determine if adjustments need to be made based on the proposed land uses.It is likely that the existing heavy vehicle factors will be used since the area already is located along designated freight routes and peak hour trips are generally related to employees with freight movement occurring more in the off-peak periods. 10.Non-Motorized Impact.Potential impacts on existing or future non-motorized facilities will be identified within the study area based on a review of connectivity and considering the non-motorized network developed as part of the Comprehensive Plan. 11.Transit Impact.Transpo will identify potential transit impacts consistent with the level of service standards identified in the Comprehensive Plan.Consideration will be given to how the existing and future transit system accommodates potential ridership within the Subarea. 12.Mitigation Measures.If potentially significant transportation impacts are anticipated,Transpo will identify mitigation measures that would reduce or offset these impacts.The mitigation measures will include an evaluation of potential transportation demand management (TOM)strategies.Transpo will also identify trip thresholds for when specific impacts occur requiring mitigation and if needed,cost estimates for mitigation measures. 13.Meetings.Transpo will prepare for and attend up to four (4)virtual meetings with the project team and/or agency staff. 14.Documentation.Transpo will prepare the transportation section of the EIS to document all analyses, findings,and conclusions.Transpo will address up to one round of comments on the EIS section and prepare the Draft EIS transportation section. 15.Response to Comments and Final EIS.Transpo has allocated up to 8 hours of staff time to respond to comments and prepare the final EIS transportation section.Transpo will coordinate with the project team if upon review of the comments additional effort is required. Agency Support •Proposed land use by TAZ for each alternative •Confirm planned transportation improvements •Review and comments on transportation section of preliminary draft EIS Consultant Deliverables •Preliminary,Draft and Final EIS transportation section •Response to comments (up to 8 hours) Table 1.Fee by Task Task Description Fee 01 Arlington IC EIS $19,700 (T&M1) 02 Meetings (if necessary)T&M1,2 Fee A fee for each task is outlined in Table 1.Should the Client request Transpo to prepare for and attend more than the four (4)meeting assumed as part of Task 01,Transpo will provide these services on a time-and materials basis. 3 1.T&M =Time-and-materials basis 2.Should the Client request Transpo's attendance at more than six (6)meetings,Transpo will prepare for and attend such meeting(s)on a time-and materials basis. Schedule The overall schedule will be determined in coordination with Makers.We understand the City desires completion of the EIS by June 2025.Transpo's schedule will depend on the timing of receiving the land use by TAZ.We anticipate completion of the preliminary draft transportation EIS section within 4 to 5 weeks of receiving the final land use for the alternatives. City of Arlington Council Agenda Bill WS #4 Attachment COUNCIL MEETING DATE: September 8, 2025 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.93 Critical Area Ordinance ATTACHMENTS: Code Amendment Overview, Ordinance, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Chapter 20.93 Critical Area Ordinance Zoning Code Amendment includes a complete rewrite of the entire chapter to ensure compliance with updated state regulations and guidance. HISTORY: Comprehensive Plan Update. Future comprehensive plan updates will budget for updates to the Critical Area Ordinance. ALTERNATIVES: Remand to staff for additional information “I move to approve the ordinance amending AMC Chapter 20.93 and authorize the Mayor to sign the Page 1 of 2 New or Renamed Table of Contents Code Sections: • The Table of Contents and Code Sections were rearranged and updated: o General Provisions was update and sections were added to other sections where they were more applicable. o A Critical Areas Review Procedures section was added o The sections under each part were revised to have the same sections. This provides consistency throughout the entire document. o The Fish and Wildlife Habitat Conservation Areas (FWHCA) and Streams, Creeks, Rivers, Lakes, and Other Surface Water were combined into one Part. o Added a new Part for Frequently Flooded Areas, though most of the section refers back to AMC 20.64 Floodplain Development Regulations. New Language Sections: • There were some De�initions that were added or updated, but this Part and sections remained mostly unchanged. The language within the rest of the chapter and its sections are new and follows updated materials and publications from the following: o Department of Ecology for Wetlands o Department of Fish and Wildlife for FWHCA’s and Streams, Creeks, Rivers, Lakes, and Other Surface Waters o Washington Geological Survey (WGS) and Department of Natural Resources (DNR) for Geologically Hazardous Areas o Research and materials from similar sized cities with similar development. Updated Language Sections: • Chapter Re-write see above Removed Language Sections: • Chapter Re-write see above AMC Chapter 20.93 – Critical Area Ordinance Zoning Code Amendment Overview Summary - Amy Rusko, Director Page 2 of 2 • The Critical Area Ordinance located in Chapter 20.93 was required to be updated per GMA. It should have been updated with our Comprehensive Plan in 2024, but was not included in the consultant budget. • There was no new legislation; however, there are many WAC’s that support the proposed amendment. These are listed throughout the document. Staff also utilized the Best Available Science recommendations from the following documents: o WDFW Riparian Ecosystems, Volume 1: Science Synthesis and Management Implications o WDFW Riparian Ecosystems, Volume 2: Management Recommendations o WDFW Priority Habitats and Species (PHS) • CED is currently working on updating Applications. There will be a new Critical Area Evaluation Form and a Hazardous Materials Questionnaire for Aquifer Recharge Areas. Washington State Legislation or Other Requirements ORDINANCE NO. 2025-XXX 1 ORDINANCE NO. 2025-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.93 OF THE ARLINGTON MUNICIPAL CODE REGARDING CRITICAL AREA ORDINANCE UNDER CITY PLANNING NO. PLN 1179 WHEREAS, the City has proposed an update to the Critical Area Ordinance regulations to the City zoning code; and WHEREAS, the City staff has engaged in a comprehensive review and has proposed to update to the entire critical area ordinance to comply with state guidance; and WHEREAS, the Arlington Planning Commission considered the revisions on August 5, 2025 and at a public hearing conducted on August 19, 2025; 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 same at a workshop held on September 8, 2025, a meeting on September 15, 2025, 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 20.93 shall be and hereby adopted 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. ORDINANCE NO. 2025-XXX 2 PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 15th day of September, 2025. CITY OF ARLINGTON ____________________________________ Don E. Vanney, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Oskar E. Rey, City Attorney Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 1 Revised September 2025 Chapter 20.93 CRITICAL AREA ORDINANCE Sections: Part I – Purpose and Intent 20.93.100 Purpose and Intent. Part II - Definitions 20.90.200 Definitions. Part III - General Provisions 20.93.300 Applicability. 20.93.310 Identification, Classification, and Rating of Critical Areas. 20.93.320 Protection of Critical Areas. 20.93.330 Project Evaluation. 20.93.340 Critical Area Review. 20.93.350 Exempt Activities. 20.93.360 Permitted Alterations. 20.93.370 Reasonable Use Exception and Critical Area Variance. Part IV - Critical Areas Review Procedures 20.93.400 Critical Area Evaluation Form 20.93.410 Critical Area Report. 20.93.420 Application Requirements. 20.93.430 Mitigation and Mitigation Plan Requirements. 20.93.440 Title Notification. 20.93.450 Field Marking. 20.93.460 Construction Plan Review, Monitoring, and Inspection. 20.93.470 Financial Guarantee Requirements. 20.93.480 Unauthorized Critical Area Alterations. 20.93.490 Final Decision and Appeals. Part V - Wetlands 20.93.500 Description and Purpose. 20.93.510 Identification, Designation, and Rating. 20.93.520 Mapping and Delineation. 20.93.530 General Development Standards. 20.93.540 Specific Wetland Category Development Standards. 20.93.550 Required Wetland Buffers 20.93.560 Critical Area Report Additional Requirements. 20.93.570 Compensatory Mitigation Performance Standards and Requirements. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 2 Revised September 2025 Part VI - Fish and Wildlife Habitat Conservation Areas (FWHCAs), including Streams, Creeks, Rivers, Lakes, and Other Surface Water 20.93.600 Description and Purpose. 20.93.610 Designation. 20.93.620 Mapping. 20.93.630 General Development Standards for all FWHCAs. 20.93.640 Specific Standards for Riparian Management Zones. 20.93.650 Specific Standards for other FWHCAs. 20.93.660 Stormwater Management Facilities. 20.93.670 Critical Area Report Additional Requirements. 20.93.680 Mitigation Performance Standards and Requirements. Part VII - Geologically Hazardous Areas 20.93.700 Description and Purpose. 20.93.710 Designation. 20.93.720 Mapping. 20.93.730 General Development Standards. 20.93.740 Specific Development Standards. 20.93.750 Critical Area Report Additional Requirements. Part VIII - Aquifer Recharge Areas 20.93.800 Description and Purpose. 20.93.810 Applicability and Hazardous Materials Questionnaire. 20.93.820 Designation. 20.93.830 Mapping. 20.93.840 General Development Standards. 20.93.850 Specific Development Standards for Regulated Facilities. 20.93.860 Critical Area Report Additional Requirements. Part IX - Frequently Flooded Areas 20.93.900 Description and Purpose. 20.93.910 Designation 20.93.920 Mapping 20.93.930 General Development Standards 20.93.940 Critical Area Report Additional Requirements. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 3 Revised September 2025 Part I – Purpose and Intent 20.93.100 – Purpose and Intent (a) The purpose of this chapter is to designate critical areas and to establish standards for the protection of their functions and values, in compliance with the provisions of the Washington State Growth Management Act of 1990 (Chapter 36.70A RCW), and consistent with the goals and policies of the Arlington Comprehensive Plan. (b) By identifying and regulating development and alterations to critical areas and their buffers, this chapter seeks to accomplish the following goals: (1) Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, or flooding. (2) Protect, maintain and restore healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including, but not limited to, ground and surface waters, wetlands, fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species. (3) Direct activities not dependent on critical area resources to less environmentally sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas. (4) Prevent cumulative adverse environmental impacts to water quality, wetlands, fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas, and habitat conservation areas. (5) Alert owners, potential purchasers, real estate agents, appraisers, lenders, builders, developers and other members of the public to natural conditions that pose a hazard or may otherwise limit development. (6) Serve as a basis for exercise of the city’s substantive authority under the State Environmental Policy Act (SEPA). (c) The regulations of this chapter are intended to protect critical areas in accordance with the Growth Management Act, through the application of best available science, as determined according to WAC 365-195-900 through 365-195-925 and in consultation with state and federal agencies and other qualified professionals. (d) This chapter is intended to be administered with limited flexibility and attention to site-specific characteristics. It is not the intent of this chapter to make a parcel of property unusable by denying its owner reasonable economic use of the property, or to prevent the provision of public facilities and services necessary to support existing development and that planned for by the community without decreasing current service levels below minimum standards. (e) The city’s enactment or enforcement of this chapter must not be construed for the benefit of any individual person or group of persons other than the general public. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 4 Revised September 2025 Part II – Definitions 20.93.200 Definitions. For the purposes of this chapter, the following definitions shall apply: "Agricultural Activities, Existing and Ongoing – Those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including but not limited to operation, maintenance and conservation measures of farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and normal operation, maintenance or repair of existing serviceable structures, facilities, or improved areas. Activities which bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area in which it was conducted is proposed for conversion to nonagricultural use or has lain idle for a period of longer than five years unless the idle land is registered in a federal or state soils conservation program. "Alteration(s)". Any human-induced change in the existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing of vegetation, construction, compaction, excavation, or any other activity that changes the character of the critical area. "AMC". The Arlington Municipal Code. "Applicant". A person who applies for any permit or approval to do anything governed by this code and who is either the owner of the subject property, the authorized agent of the owner, or the city. “Atypical Wetland”. A wetland whose “design” does not match the type of wetland that would be found in a geomorphic setting of the proposed site (i.e., the water source and hydroperiod proposed for the mitigation site are not typical for the geomorphic setting). Designs that provide exaggerated morphology or require a berm or other engineered structures to hold back water would also be considered atypical. Note: An atypical wetland resulting from an inappropriate hydrogeomorphic class is different from the “atypical situation” defined in the Corps 1987 wetland delineation manual "Best Available Science”. Current scientific information used in the process to designate, protect, or restore critical areas; that is, derived from a valid scientific process as defined WAC 365-195-900 through 925. “Best Management Practices (BMPs)”. Conservation practices or systems of practices and management measures that: (a) Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, or sediment; (b) Minimize adverse impacts to surface water and ground water flow and circulation patterns and to the chemical, physical, and biological characteristics of wetlands; (c) Protect trees, vegetation, and soils designated to be retained during and following site construction and use native plant species appropriate to the site for re-vegetation of disturbed areas; and (d) Provide standards for proper use of chemical herbicides within critical areas. “Bog”. See Wetlands with Special Characteristics. "Buffer or Buffer Zone”. Vegetated areas adjacent to wetland or other aquatic resources and any geological hazard areas that can reduce impacts from adjacent land uses through various physical, chemical, and/or biological processes. “Calcareous Fens”. See Wetlands with Special Characteristics. “Carbon Sequestration”. The process of capturing and storing atmospheric carbon dioxide through biologic, chemical, geologic, or physical processes (RCW 70A-45-010). “Channel Migration Zone” (CMZ) means the area within which a river channel is likely to migrate and occupy over a specified time period (e.g., 100 years). "Classes". Taxonomic classification system of the United States Fish and Wildlife Service (Cowardin, et al 1978). Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 5 Revised September 2025 “Clean Water Act (CWA)”. The federal law that establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. Under the CWA, the U.S. Environmental Protection Agency (EPA) has implemented pollution control programs such as setting wastewater standards for industry. The EPA has also developed national water quality criteria recommendations for pollutants in surface waters. "Coastal Lagoon”. See Wetlands with Special Characteristics. "Commercial". Activity with goods, merchandise, or services for sale or rent. “Compensatory Mitigation”. The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of wetlands for the purposes of offsetting unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has been achieved. "Constructed stormwater wetland". A stormwater management system that is designed and built to function similar to the naturally occurring wetland including native trees and shrubs allowed to grow to maturity. “Cowardin Classification”. A commonly used classification system for wetlands. It was first developed in 1979 by the U.S. Fish and Wildlife Service and updated in 2013 (Federal Geographic Data Committee, 2013). The Cowardin system classifies wetlands based on water flow, substrate types, vegetation types, and dominant plant species. It is used for wetland classification in the National Wetland Inventory. “Credit-Debit Method”. A tool to provide applicants and regulators a way to determine whether actions taken to mitigate an impact to wetlands will adequately replace the functions and values lost. It is based on the Washington State Wetland Rating System. "Critical areas". Any of the following areas or ecosystems: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. “Fish and wildlife habitat conservation areas” does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company. (WAC 365-196-200(6) (a-e). “Critical Habitat”. A term defined and used in the Endangered Species Act. It is specific geographic areas that contain features essential to the conservation of an endangered or threatened species and may require special management and protection. Critical habitat may also include areas that are not currently occupied by the species but are needed for its recovery. “Creation”. The manipulation of the physical, chemical, or biological characteristics present to develop a wetland that did not previously exist at an upland site. Creation results in a gain in wetland area and function. A typical action is the excavation of upland soils to elevations that will produce a wetland hydroperiod and hydric soils and support the growth of hydrophytic plant species. “Cumulative Impacts or Effects”. The combined, incremental effects of human activity on ecological or critical area functions and values. Cumulative impacts result when the effects of an action are added to or interact with the effects of other actions in a particular place and within a particular time. It is the combination of these effects, and any resulting environmental degradation, that should be the focus of cumulative impact analysis and changes to policies and permitting decisions. "Dedication". Deliberate appropriation of land by an owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public use or purpose to which the property has been devoted. "Degraded wetland". A wetland in which the vegetation, soils, and/or hydrology have been adversely altered, resulting in lost or reduced functions and values. "Developable area". Land outside of critical areas and environmentally critical area setbacks and buffers. "Development" A land use consisting of the construction or exterior alteration of structures; grading, dredging, drilling, or dumping; filling; removal of sand, gravel, or minerals; bulk heading; driving of pilings; or any project of a temporary or permanent nature which modifies structures, land, wetlands, or shorelines and which does not fall within the allowable exemptions contained in the City Code. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 6 Revised September 2025 "Development permit". Any permit or approval under this code or the AMC that must be issued before initiating a use or development activity. "Ditch". A long narrow excavation dug in the earth for drainage with its top width less than ten feet at design flow and that does not meet the definition of a stream. A ditch may be regulated if it conveys stream flow. "Easement". Land which has specific air, surface or subsurface rights conveyed for use by an entity other than the owner of the subject property or to benefit some property other than the subject property. “Ecosystem Functions” are the products, physical and biological conditions, and environmental qualities of an ecosystem that result from interactions among ecosystem processes and ecosystem structures. Ecosystem functions include but are not limited to, sequestered carbon, attenuated peak streamflow, aquifer water level, reduced pollutant concentrations in surface and ground waters, cool summer in-stream water temperatures, and fish and wildlife habitat functions. “Ecosystem Values” are the cultural, social, economic, and ecological benefits attributed to ecosystem functions. "Edge". The boundary of a wetland as delineated based on the criteria contained in this chapter. “Emergencies”. Those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventive action in a timeframe too short to allow for compliance with the requirements of the critical areas regulations. "Emergent wetland". See Wetlands with Special Characteristics. "Enhancement". The manipulation of the physical, chemical, or biological characteristics of a wetland to heighten, intensify, or improve specific function(s), but may also lead to a decline in other function(s). Enhancement does not result in a gain in wetland area. "Erosion hazard area". A landform or soil type subject to being worn away by the action of water, wind, freeze-thaw, or ice. “Establishment”. See Creation. "Exotic species". Plants or animals that are not native to the Puget Sound Lowlands region. "Extraordinary hardship". Prevention of all reasonable economic use of the parcel due to strict application of this chapter and/or programs adopted to implement this chapter. "Fish and wildlife habitats (of local importance)". A seasonal range or habitat element with which a given species has a primary association, and which, if altered, may reduce the likelihood that the species will maintain and reproduce over the long-term. These might include areas of relative density or species richness, breeding habitat, seasonal range, and movement corridors. These also include habitats of limited availability or high vulnerability to alteration, such as cliffs and wetlands. "Forested wetland". See Wetlands with Special Characteristics. "Forest land". Land used for growing trees, not including Christmas trees, for commercial purposes (as shown by record of any income) that has long-term (six years or more) commercial significance. "Functions and Values”. The ecosystem services provided by critical areas to society, including, but not limited to, improving, and maintaining water quality, providing fish and wildlife habitat, supporting terrestrial and aquatic food chains, reducing flooding and erosive flows, wave attenuation, carbon sequestration, thermal refugia, historical or archaeological importance, cultural uses and significance, educational opportunities, and recreation. "Geologically hazardous areas". Includes areas susceptible to erosion, sliding, seismic activity, or other geological events. They pose a threat to the health and safety of citizens when used as sites for incompatible commercial, residential, or industrial development is sited in areas of significant hazard (WAC 365-190-120) "Grading". The physical manipulation of the earth's surface and/or drainage pattern in preparation of an intended use or activity. “Growth Management Act”. Chapters 36-70A and 36-70B RCW, as amended. “Habitat Corridor”. A legally protected, relatively undisturbed and vegetated area (e.g., Priority Habitats, other compensation sites, wildlife areas/refuges, or national, county and state parks where they have management plans with identified areas designated as Natural, Natural Forest, or Natural Area Preserve). Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 7 Revised September 2025 Including an area that is the site of a Watershed Project identified within and fully consistent with a Watershed Plan (as these terms are defined by RCW 89-08-460), an area where development is prohibited per the provisions of the local shoreline master program, or an area with equivalent habitat quality that has conservation status in perpetuity, in consultation with WDFW. “Hazard Tree” is defined as a threat to life, property, or public safety. Require that the method of hazard tree removal not adversely affect riparian ecosystem functions to the extent practicable, encourage the creation of snags (priority habitat features) rather than complete tree removal, involve avoidance and minimization of damage to remaining trees and vegetation within the RMZ and require a qualified arborist to evaluate requests for hazard tree removal. "Hazardous Substances”. Any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical, or biological properties described in WAC 173-303-090 or 173-303-100. "High quality native wetlands" will be classified by the state wetland rating system for Western Washington. However, the following elements may be considered when identifying locally important functions of a wetland: (a) No, or isolated, human alteration of the wetland topography; (b) No human-caused alteration of the hydrology or else the wetland appears to have recovered from the alteration; (c) Low cover and frequency of exotic plant species; (d) Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance; (e) If the wetland system is degraded, it still contains a viable and high-quality example of a native wetland community; and (f) No known major water quality problems. "Hydric soil". Soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods as defined by the National Technical Committee for Hydric Soils. The presence of hydric soil shall be determined following the methods described in the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region. "Hydrophyte or hydrophytic vegetation". Plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the federal manual per RCW 90.58.380: Adoption of Wetland Manual. "Impervious Surface”. A surface area that either prevents or retards the entry of water into the soil or other substrate that would occur under natural conditions prior to development. A non-vegetated surface area that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under pre-development or pre-developed conditions. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots, storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of stormwater. “In-Lieu Fee (ILF) Program”. An agreement between a regulatory agency (state, federal, or local) and a single sponsor, generally a public natural resource agency or non-profit organization. Under an in-lieu-fee agreement, the sponsor collects funds from individuals and/or entities required to conduct compensatory mitigation under a wetland regulatory program. The sponsor uses the funds pooled from multiple permittees to create one or more mitigation sites under the authority of the agreement to satisfy the permittee’s required mitigations. “Infiltration”. The downward entry of water into the soil. "Improvement". Any structure or manmade feature. "In-Kind Compensation”. To replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 8 Revised September 2025 “Interdunal Wetland”. See Wetlands with Special Characteristics. "Landslide hazard areas". Areas potentially subject to risk of mass movement due to a combination of factors, including historic failures. “Low Impact Development (LID) Methodology”. A stormwater and land-use management strategy that tries to mimic natural hydrologic conditions by emphasizing the following techniques: conservation, use of on-site natural features, site planning, and distributed stormwater best management practices (BMPs) integrated into project design. "Mineral resource lands". Lands primarily devoted to the extraction of gravel, sand, other construction materials, or valuable metallic or mineral substances. "Mitigation Sequence”. A prescribed order of steps taken to reduce the impacts of activities on wetlands. As defined in WAC 197-11-768, mitigation means: (a) Avoiding the impact altogether by not taking a certain action or parts of an action; (b) Minimizing impacts by limiting the degree of magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce the impacts; (c) Rectifying the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by repairing, rehabilitating, or restoring the affected environment; (d) Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action; (e) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or (f) Monitoring the impact and taking remedial action when necessary. "Monitoring”. Evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems, and assessing the performance of required mitigation measures through the collection and analysis of data by various methods for the purpose of understanding and documenting changes in natural ecosystems and features. Monitoring includes gathering baseline data. “National Wetland Inventory (NWI)”. A publicly available resource provided by the U.S. Fish and Wildlife Service that provides detailed information and maps showing the abundance, characteristics, and distribution of wetlands in the U.S. "Native vegetation". Plant species that occur naturally in a particular region or environment and were present before European colonization. "Natural condition". Lands that retain native vegetation, forest duff and naturally occurring contours and drainage patterns not modified by human activity. "Natural resource lands". Includes lands that are significant for long-term commercial purposes, such as agriculture, forest, and mineral resource lands and follow the criteria of WAC 365-196-480. "Nonconforming". Any use, structure, lot, condition, activity, or any other feature or element of private property or the use or utilization of private property that does not conform to any of the provisions of this code or that was not approved by the city through the appropriate decision-making process required under this code. “Non-Federally Regulated Wetland”. A wetland that is not jurisdictional under the federal Clean Water Act. Sometimes referred to as “isolated wetlands,” these wetlands remain regulated under state and local laws and rules, whether or not they are protected by federal law. “Off-Site Compensatory Mitigation”. Replacement of critical areas away from the site on which a critical area has been impacted. “On-Site Compensatory Mitigation”. Replacement of critical areas at or adjacent to the site on which a critical area has been impacted. "Open space". Land not covered by buildings, roadways, parking areas, or other surfaces through which water cannot percolate into the underlying soils. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 9 Revised September 2025 "Ordinary high-water mark". Under the Shoreline Management Act, that mark which is found by examining the bed and banks of water bodies and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation. "Palustrine wetland". See Wetlands with Special Characteristics. "Pond". Any inland body of water, either naturally or artificially formed or increased, that has a surface area of one thousand square feet or more, except: These do not include ponds deliberately designed and created from dry sites such as canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. "Practicable alternative". An alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to environmentally critical areas. It may include an area not owned by the applicant that can reasonably be obtained, utilized, expanded, or managed in order to fulfill the basic purpose of the proposed activity. “Preservation”. The removal of a threat to, or preventing the decline of, wetland conditions by an action in or near a wetland. This term includes activities commonly associated with the protection and maintenance of wetlands through the implementation of appropriate legal and physical mechanisms (such as recording and providing structural protection like fences and signs). Preservation does not result in a gain of wetland area and functions (but may result in a gain of functions over the long term). “Priority Area”. Known limiting habitats (e.g., breeding areas) or areas that support a relatively high number of individuals (e.g., regular concentrations) identified in WDFW’s Priority Habitats and Species List. "Priority Habitats". As defined by WDFW, habitat types or elements with unique or significant value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type (e.g., shrub- steppe) or dominant plant species (e.g., juniper savannah), a described successional stage (e.g., old-growth forest), or a specific habitat feature (e.g., cliffs). "Priority Species". As defined by WDFW, State Endangered, Threatened, Sensitive, and Candidate species; animal aggregations (e.g., heron colonies, bat colonies) considered vulnerable; and species of recreational, commercial, or tribal importance that are vulnerable. "Project Area”. All areas, including those within fifty (50) feet of the area, proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures. When the action binds the land, such as a subdivision, short subdivision, binding site plan, planned unit development, or rezone, the project area shall include the entire parcel, at a minimum. “Qualified Professional Engineer”. A person with professional engineering experience that meets the following criteria: (a) Hold a degree from an Accreditation Board for Engineering and Technology (ABET) accredited engineering program or demonstrate equivalent education and experience, and (b) Accumulate at least four years of progressive engineering experience under a licensed PE, and (c) Passed the Fundamentals of Engineering (FE) and Principles and Practice of Engineering (PE) exams. A person certified as a Professional Engineer through the Washington State Board of Registration meeting the requirements of WAC 196-12. “Qualified Professional Geologist”. A person with professional geology experience that meets the following criteria: (a) A bachelor’s degree in geology, engineering geology, hydrogeology, or geological sciences, including successful completion of core classes, and (b) At least five years of geological experience after completion of the educational requirements. At least three years of geological experience must be obtained under the supervision of state-licensed geologists, and (c) Passed the National Association of State Boards of Geologists (ASBOG) Fundamentals of Geology and the ASBOG Practice of Geology examinations. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 10 Revised September 2025 A person certified as a Professional Geologist through the Washington State Geologist Licensing Board meeting the requirements of WAC 308-15. “Qualified Wetland Professional”. A person with professional wetland experience that meets the following criteria: (a) A Bachelor of Science or Bachelor of Arts or equivalent degree in hydrology, soil science, botany, ecology, resource management, or related field, or four years of full-time work experience as a wetland professional may substitute for a degree, and (b) At least two additional years of full-time work experience as a wetland professional; including delineating wetlands, preparing wetland reports, conducting function assessments, and developing and implementing mitigation plans, and (c) Completion of additional wetland-specific training programs. This could include a more comprehensive program such as the University of Washington Wetland Science and Management Certificate Program or individual workshops on topics such as wetland delineation, function assessment, mitigation design, hydrophytic plant or hydric soil identification. A person certified as a Professional Wetland Scientist through the Society of Wetland Scientists professional certification program meets the above criteria. "Re-establishment”. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historical functions and environmental processes to a former wetland. Re-establishment results in rebuilding a former wetland and results in a gain in wetland area and functions. “Rehabilitation”. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions and environmental processes to a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. “Repair or Maintenance”. An activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition. “Restoration”. Measures taken to restore an altered or damaged natural feature, including: (a) Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and (b) Actions performed to re-establish structural and functional characteristics of a critical area that have been lost by alteration, past management activities, or catastrophic events. "Riparian habitat". An ecosystem that occurs in the transition zone between aquatic and upland environments. “Riparian Management Zone” (RMZ) means the area that has the potential to provide full riparian functions. In many forested regions of the state, this area occurs within one 200-year site-potential tree height measured from the edge of the stream channel. In situations where a CMZ is present, this occurs within one site potential tree height measured from the edges of the CMZ. In non-forested zones, the RMZ is defined by the greater of the outermost point of the riparian vegetative community or the pollution removal function, at 100 feet. "Revised Code of Washington (RCW)”. A compilation of all permanent Washington state laws currently in force. "Scrub-shrub wetlands". See Wetlands with Special Characteristics. "Seismic hazard areas". Areas subject to the risk of damage as a result of earthquake induced ground shaking, slope failure, settlement, soil liquefaction or surface faulting. Ground shaking is a primary risk, followed by some unstable slopes causing damage below them. “SEPA”. Washington State Environmental Policy Act, Chapter 43-21C RCW. "Service Area”. The geographic area within which impacts can be mitigated at a specific mitigation bank or an in-lieu-fee program, as designated in its instrument. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 11 Revised September 2025 “Shoreline Management Act (SMA)”. Chapter 90-58 RCW, which is the law that requires all counties, towns, and cities with shorelines to develop and implement shoreline master programs. “Slope”. See Section 20.93.600 (Geological Hazardous Areas – Classification). “Soil Survey”. The most recent Natural Resources Conservation Service soil maps for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture. “Species”. Any group of animals or plants classified as a species or subspecies as commonly accepted by the scientific community. “Species, Listed”. Any species listed under the federal Endangered Species Act or state endangered, threatened, and sensitive, or priority lists (see WAC 220-610-110 or current “Priority Habitat and Species List,” Washington Department of Fish and Wildlife) "Sphagnum". Any of a large genus of mosses that grows only in wet acidic soils and whose remains become compacted with other plant debris to form peat. "Stream". An area where open surface water produces a defined channel or bed, not including irrigation ditches, canals, storm or surface water runoff devices, or other entirely artificial watercourses, unless they are used by salmonids or are used to convey a watercourse that was naturally occurring prior to construction. A channel or bed need not contain water year-round, provided there is evidence of at least intermittent flow during years of normal rainfall. "Steep slope". See Section 20.93.600 (Geological Hazardous Areas—Classification). "Structure". Anything which is built or constructed; an edifice or building of any kind, or any piece of work artificially built-up or composed of parts joined together in some definite manner. Not included are fences less than six feet in height, retaining wall, rockeries, and similar improvements of a minor character less than three feet in height. “Temporal Loss”. The time lag between the loss of wetland functions caused by the permitted or unpermitted impacts and the replacement of wetland functions at the compensatory mitigation site. “Thermal Refugia”. Sites within a landscape that are relatively protected from temperature extremes and warming trends. "Unavoidable Impacts”. Adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved. "Use." "Development" as that term is defined in Chapter 90.58 RCW. It also means the nature of the activities taking place on private property or within structures thereon. “Washington Administration Code (WAC)”. Administrative rules implementing state laws. "Water-dependent". A use for which the use of surface water would be essential in fulfilling the purpose of the proposed project. “Watershed Approach”. A watershed approach means an analytical process for making compensatory mitigation decisions that support the sustainability or improvement of wetlands in a watershed. It involves consideration of watershed needs, and how locations and types of compensatory mitigation projects address those needs. A landscape perspective is used to identify the types and locations of compensatory mitigation projects that will benefit the watershed and offset losses of wetland functions and services caused by authorized activities. The watershed approach may involve consideration of landscape scale, historic and potential wetland conditions, past and projected wetland impacts in the watershed, and terrestrial connections between wetlands when determining compensatory mitigation requirements. “Watershed Plan”. A plan developed by federal, tribal, state, and/or local government agencies and/or appropriate non-governmental organizations, in consultation with relevant stakeholders, for the specific goal of aquatic resource restoration, establishment, enhancement, and preservation. A watershed plan addresses aquatic resource conditions in the watershed, multiple stakeholder interests, and land uses. Watershed plans may also identify priority sites for aquatic resource restoration and protection. Examples of watershed plans include special area management plans, advance identification programs, and wetland management plans. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 12 Revised September 2025 "Wetlands". Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non-wetland areas to mitigate the conversion of wetlands. “Wetland Delineation”. The method used to establish the existence (location) and physical limits (size) of a wetland for purposes of federal, state, and local regulations. “Wetland of High Conservation Value”. . See Wetlands with Special Characteristics. “Wetland Mitigation Bank”. A site or suite of sites where resources are restored, created, enhanced, and/or preserved, for the purpose of providing compensatory mitigation for impacts. In general, a mitigation bank sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the mitigation bank sponsor. The operation and use of a mitigation bank are governed by a mitigation banking instrument. “Wetland Mosaic”. An area with a concentration of multiple small wetlands, in which each patch of wetland is less than one acre; patches are less than 100 feet from each other; and areas delineated as wetland are more than 50% of the total area of the entire mosaic, including uplands and open water. “Wetlands in Coastal Lagoons”. See Wetlands with Special Characteristics. “Wetlands with Special Characteristics for Western Washington”. Bogs, estuarine wetlands, forested wetlands, interdunal wetlands, wetlands in coastal lagoons, and Wetlands of High Conservation Value. Detailed information about these individual wetland types is found in the Washington State Wetlands Rating System for Western Washington: 2014 Update, Version 2.0 (Ecology Publication #23-06-009), or as revised and approved by Ecology. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 13 Revised September 2025 Part III – General Provisions 20.93.300 Applicability. (a) Unless explicitly exempted, the provisions of this chapter apply to all land uses, development activity, and all structures and facilities within the city of Arlington that are within the critical area, within the maximum buffer distance of, likely to affect the functions and values of, one or more critical areas. (b) Relationship to other regulations. (1) Shorelines of the state and shorelands as defined in RCW 90.58.030, and critical areas occurring within the jurisdiction of shorelines of the state and shorelands (“shoreline jurisdiction”), are regulated and protected through the Arlington Shoreline Master Program, as amended. Activities occurring within shoreline jurisdiction are reviewed through the shoreline permit review and issuance process. Shoreline Master Program incorporates by reference portions of this chapter, however, certain provisions of this chapter that are not consistent with the Shoreline Management Act, Chapter 90.85 RCW, and supporting Washington Administrative Code chapters do not apply in shoreline jurisdiction. (2) These critical areas regulations apply in addition to zoning and other regulations adopted by the city. In the event of any conflict between these regulations and any other regulations of the city, the regulations apply that provide greater protection to the critical areas’ functions and values, as determined by the Director. (3) When any provision of this chapter or any existing easement, covenant, or deed restriction conflicts with this chapter, that which provides more protection to the critical areas applies. (4) Compliance with the provisions of this chapter does not constitute compliance with other federal, state, or local regulations and permit requirements that may be required. The applicant is responsible for complying with other agency requirements, apart from the process established in this chapter. 20.93.310 Identification, Classification, and Rating of Critical Areas. (a) Critical Area Maps. (b) Actual Site Conditions. Regardless of whether a critical area is shown on the critical areas map, the actual presence or absence of the features defined in this code as critical areas will govern. Prior to acting on any development permit the city may require an applicant to submit technical information to indicate whether critical areas actually exist on or adjacent to the applicant’s site based on the definitions of critical areas in this code. This will be administered as a critical area evaluation form (AMC 20.93.400) included with appropriate permit forms. (c) Classification and Rating. To promote consistent application of the standards and requirements of this chapter, critical areas within the city will be rated or classified using best available science according to their characteristics, function and value, and/or sensitivity to disturbance. (1) Classification of critical areas will be determined by the city using the following tools: (A) Application of the criteria contained in these regulations; (B) Consideration of the critical area reports submitted by qualified professionals in connection with applications subject to these regulations; and (C) Review of maps and other resources adopted pursuant to this chapter. (2) Rating categories will not change due to illegal modifications. If the development proposal site contains or is within a critical area suspected of illegal modifications the rating will be based on premodification conditions of the critical area. Abatement of the unauthorized modification will be required prior to authorization of the current development proposal being processed for the subject site. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 14 Revised September 2025 20.93.320 Protection of Critical Areas. (a) Critical areas and their required buffers may not be altered except as allowed by this chapter. (b) Any action taken pursuant to this chapter must result in equivalent or greater functions and values of the critical areas associated with the proposed action, as determined by the best available science. (c) All actions and development must be designed and constructed in accordance with mitigation sequencing per AMC 20.93.430 to achieve no net loss of critical area functions and values. (d) Applicants must first demonstrate an actual inability to avoid or reduce impacts before restoration and compensation of impacts will be allowed. (e) No activity or use may be allowed that results in net loss of the functions or value of the critical areas. (f) Any individual critical area adjoined by another type of critical area must have the buffer and meet the requirements that provide the most protection to the critical area involved. (g) Violations of this chapter are subject to AMC Chapter 20.28, Enforcement and Review and AMC Title 11, Violations and Abatement. Where a violation occurs within a suspected protected critical area or as depicted on city adopted mapping, the property owner must provide an appropriate critical area report to determine impacts. The report may be subject to third party review at the property owner’s expense. 20.93.330 Project Evaluation (a) As part of the review, the city will: (1) Verify the information submitted by the applicant; (2) Evaluate the project area and vicinity for critical areas; (3) Determine whether the proposed project is likely to impact the functions or values of critical areas; and (4) Determine if the proposed project adequately addresses the impacts and avoids impacts to the critical area associated with the project. (b) If the proposed project is within, adjacent to, or is likely to impact a critical area, the city will: (1) Require a critical area report from the applicant that has been prepared by a qualified professional, to be reviewed and evaluated; (2) Determine whether the development proposal conforms to the purposes and performance standards of this chapter, including the criteria in AMC 20.93.340, Critical Areas Review; (3) Assess the potential impacts to the critical area and determine if they can be avoided or minimized; and (4) Determine if any mitigation proposed by the applicant is sufficient to protect the functions and values of the critical area and public health, safety, and welfare concerns consistent with the goals, purposes, objectives, and requirements of this chapter. (5) The city may require third party review of any critical area report at the expense of the applicant. 20.93.340 Critical Areas Review (a) When Required. A proposal to modify any critical area and/or required buffer including, but not limited to, clearing, grading, draining, removal or alteration of vegetation, construction of structures, utilities and related infrastructure, must require a critical area evaluation unless it qualifies as an exemption, as provided in AMC 20.93.350. Except that, for within shoreline jurisdiction, administration of this chapter shall be through the Shoreline Master Program and appropriate shoreline permit administration process. (b) Best Management Practices. All activities, including those allowed without critical areas review, must be conducted using the best management practices appropriate for that activity that result in the least amount of impact to the critical areas. Best management practices must be used for tree and vegetation protection, construction management, erosion and sedimentation control, water quality protection, and regulation of chemical applications. The use of best management practices is required to ensure that the activity does not result in degradation to the critical area. Appropriate BMP sources include Ecology’s Construction Stormwater General Permit and Natural Resources Conservation Service (NRCS) Practices. Any Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 15 Revised September 2025 incidental damage to, or alteration of, a critical area and/or buffer must be restored, rehabilitated, or replaced at the responsible party’s expense. (c) Modifications to Existing Nonconforming Structures and Uses. In these provisions the burden of proof is on the applicant to bring evidence in support of their position. Existing structures, activities, and uses that were established legally but do not meet the current critical area, buffer, or buffer setback requirements may continue in accordance with AMC 20.32, Nonconforming Situations, and may be modified as follows: (1) Routine maintenance and repairs; (2) Structural modifications or additions that do not intensify the nonconformity of the structure or increase the area of hardscape lying within the critical area or buffer. The Director may require an updated critical area report to confirm location of buffers and that the addition is located entirely outside the critical area or buffer; (3) Vertical additions above the ground floor that do not encroach further into the critical area or buffer beyond the existing exterior walls, except those critical areas review are required for additions in landslide hazard areas or buffers; (4) Restoration or replacement of a structure that is damaged by fire, natural disaster or other calamity when: (A) A complete application for reconstruction or replacement is submitted within one year of the damage; and (B) The restoration or replacement is made to conform to the current critical areas regulations, or if such regulations cannot be physically met without reducing the size of the building, the restoration or replacement may not intensify any nonconformity that existed prior to the damage; (C) Except that critical area review is required for restoration and replacement in landslide hazards areas or buffers; (d) Demolition. Demolition of structures located within critical areas or their buffers is permitted, excluding demolition of structures necessary to support or stabilize landslide hazard areas, and will be subject to approval of a stormwater pollution prevention plan consistent with the adopted stormwater management manual and clearing limits that will adequately protect the critical area. 20.93.350 Exempt Activities. (a) General Requirements for All Exempt Activities. Activities listed in this section are exempt from the rest of the provisions of this chapter only if they meet the specific terms of this section. (b) To be exempt from this chapter does not give permission to degrade a critical area or buffer or to ignore risk from natural hazards. All exempt activities must use reasonable methods to avoid potential impacts to critical areas and buffers. In every case, disturbance to the critical area must be minimized through best management practices and the use of low-impact equipment. (c) Any incidental damage to, or alteration of, a critical area or buffer that is not a necessary outcome of the exempted activity must be restored, rehabilitated, or replaced at the responsible party’s expense. (d) This chapter may not exempt an activity from the provisions of other city permits such as clearing and grading for vegetation removal and ground disturbing activities, or agency permit requirements such as Washington Department of Fish and Wildlife hydraulic permit, or Army Corps of Engineers regulatory requirements. (e) Burden of Proof. The burden of proof is on the applicant to bring forth evidence that the activity meets the precise description of the exemption. (f) Table 20.93.350-1 describes activities that must meet the precise description to be allowed without following a critical area process. Activities are divided into categories of permitted in the critical area and permitted in the buffer, marked by a yes or no in the appropriate column. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 16 Revised September 2025 Table 20.93.350-1 – Exempt Activities EXEMPT ACTIVITIES: No review required, must strictly meet standards Critical Area Buffer Emergencies. Alterations in response to emergencies which threaten the public health, safety, and welfare or which pose an imminent risk of damage to private property, and that require remedial or preventative action in a time frame too short to allow for compliance with the requirements of this chapter, if the following requirements are met: (a) Only the minimum intervention necessary to reduce the risk to public health, safety, or welfare and/or the imminent risk of damage to private property may be authorized by this exemption. (b) The alteration undertaken must be reported to the Director no later than 30 days after the alteration has occurred. Once notified, the Director must confirm that an emergency existed and determine what, if any, additional applications and/or measures are required of the property owner to protect the critical area(s) consistent with the provisions of this chapter, and to repair any damage to a pre-existing resource. (c) After the emergency, the person or agency undertaking the action must fully fund and conduct necessary site evaluations and critical area reports, mitigation plans, and restoration for any impacts to the critical area and buffers resulting from the emergency action. The person or agency undertaking the action must meet the review procedures contained herein. Mitigation activities must be initiated within one year of the date of the emergency or as directed by the Department. (d) If the Director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, or any required mitigation, the Director may take action to enforce this chapter consistent with AMC Chapter 20.28, Enforcement and Review and AMC Title 11, Violations and Abatement. Yes Yes Yard and garden activities. mowing, weeding, hand removal of noxious and invasive species, harvesting and replanting of garden crops, pruning and planting of noninvasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas; provided, that such maintenance or repair activities are limited to legally existing landscaping improvements and do not further expand into critical areas or associated buffers, do not alter topography, do not destroy or clear native vegetation, do not remove non-hazard trees in the buffer or critical area, and do not diminish water quality or quantity. (a) Native growth protection areas, mitigation sites, or other areas protected via permit conditions, conservation easements or similar restrictive covenants (as defined in AMC 20.93.440) are not covered by this exemption. (b) If an activity has ceased for one year or more any future use of such land, building or structure must thereafter be in conformity with this chapter and the zone in which it is located. No Yes Site Investigation. Minimal site investigative work and studies necessary for preparing land use applications, including, but not limited to, surveys, soil logs and borings, percolation tests, water quality studies, scientific research, wildlife studies, and similar tests and investigations; provided that such activities do not require clearing, filling, construction of new roads, or heavy equipment, and only minimal amounts of excavation and disturbed areas must be immediately restored. Yes Yes Outdoor Recreation Activities. Outdoor recreation activities that do not involve modifying the land or vegetation, and that will not adversely affect the functions and values of critical areas. Yes Yes Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 17 Revised September 2025 EXEMPTIONS: That require a letter of exemption to be obtained from the Community and conditions by the Director to ensure compliance with this chapter. Critical Area Buffer Utility Operation, Maintenance, Repair, or Replacement. Public water, electric, and natural gas distribution, public stormwater and sewer collection, cable communications, telephone, utility and related activities undertaken pursuant to city-approved best management practices, and best available science with regard to protection of threatened and endangered species, as follows: (a) Normal and routine maintenance or repair of existing utility structures or rights-of-way; when the activity does not involve the expansion of facilities or improvements into a previously unimproved portion of critical areas or required buffers; (b) Replacement, operation, repair, modification, installation or construction in an improved city road right-of-way or city-authorized private roadway of all electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of 55,000 volts or less; to include relocation only when required by the city of Arlington, which approves the new location of the facilities; (c) Relocation of public sewer or stormwater local collection, public water local distribution, natural gas, cable communication or telephone facilities, lines, pipes, mains, equipment or appurtenances, only when required by the city of Arlington, which approves the new location of the facilities; (d) Replacement, operation, repair, modification, relocation, installation or construction of public communication, or telephone facilities, lines, pipes, mains, equipment or appurtenances when such facilities are located within an improved public right-of-way or city-authorized private roadway; (e) Repair and maintenance of existing private connections to public utilities and private stormwater management facilities; (f) Regular maintenance of stormwater facilities that are within a segment of a regulated stream, such as conveyance ditches/swales within the right-of- easements. Yes Yes Transportation Infrastructure Operation, Maintenance, Repair, or Replacement. Maintenance, operation, repair, modification, or replacement of publicly improved roadways or city- authorized private roadways, including the road prism and associated stormwater management improvements into previously unimproved rights-of-way or portions of rights-of-way and does not alter a critical area or required buffer, or watercourse, such as culverts or bridges, or result in the transport of sediment or increased stormwater. Retention and replanting of native vegetation must occur whenever possible along the right-of-way improvement and resulting disturbance. Yes Yes Recreation Areas Operation, Maintenance, Repair, or Replacement. Maintenance, operation, repair, modification, or replacement of existing trails, and existing facilities within publicly improved recreation areas, and public parks, may be performed subject to the following: (a) The activity does not involve the expansion of facilities and disturbance to adjacent areas is minimized and disturbed areas must be immediately restored; (b) Work is conducted using best management practices; (c) Flow and circulation patterns and biological characteristics are not impaired and adverse impacts are minimized; (d) Where trail relocation is the least impactful method of repair, trail relocation further away from the critical area is not to be considered a new trail but is included in the exemption for operation, maintenance, repair, or replacement. Yes Yes Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 18 Revised September 2025 EXEMPTIONS: That require a letter of exemption to be obtained from the Community and conditions by the Director to ensure compliance with this chapter. Critical Area Buffer Vegetation Management, including: (1) Removal of noxious weeds or invasive vegetation, as identified by the Washington State or Snohomish County Noxious Weed Control Board, in a wetland buffer, stream buffer, other fish and wildlife habitat conservation areas and buffers, is allowed when: (a) Undertaken with hand labor, including handheld mechanical tools, and integrated pest management; (b) Plants that appear on the Washington State or Snohomish County Noxious Weed Control Board lists must be handled and disposed of in accordance with the best management practices appropriate to that species and approved by the city applicable; (c) Areas cleared by removal of noxious and/or invasive plant species must be revegetated with site-appropriate native species at natural densities and the site must be stabilized against erosion in accordance with the stormwater manual adopted by the city; (d) All work performed is above the ordinary high water mark and above the top of a stream bank; and (e) The following limits may not be exceeded: Within city-owned property, no more than 3,000 square feet of soil may be exposed at any one time; and within private property, not more than 500 square feet of area may be cleared, as calculated cumulatively, over one year, without a permit and critical area report prepared by a qualified professional. restoration, remediation, or enhancement plan that requires ongoing maintenance and vegetation management beyond final inspection and the required monitoring period for the permitted project. (3) Hazard Trees. (a) The falling of hazard trees may be permitted when necessary to: (i) Control fire; or (ii) Halt the spread of disease or damaging insects consistent with Chapter 76.09 RCW; (iii) Avoid a threat to existing structures, above-ground utility lines or other facilities; or (iv) Remove an actual threat to life or property from slope instability that would be caused by toppling. (b) Unless there is an emergency pursuant to emergency exemptions above, the landowner must first obtain prior written approval from the Department. A tree risk assessment prepared by an ISA certified arborist must be submitted by the applicant to the Department that includes the following information: (i) Identification of the tree(s) proposed to be removed; (ii) The conclusion that the condition constitutes an actual threat to life or property; (iii) An assessment of whether a portion of the tree suitable for a snag for wildlife habitat may be safely retained; (iv) If a tree to be removed provides priority habitat, such as an eagle perch or occupied nest, a description of timing and methods of removal that will minimize and mitigate impacts; (v) If a tree to be removed is located within a landslide hazard area or buffer, an evaluation of potential impacts on slope stability must be completed by a qualified professional, including recommendations for replanting and other measures to avoid adverse impacts to slope stability. (c) All work must be done using handheld implements only, unless the property owner requests and the Director approves otherwise in writing. (d) Any removed tree or vegetation must be replaced in-kind, with similar or appropriate native species, within one year in accordance with an approved restoration plan including species, size, and maintenance plan. Yes Yes Clearing, grading, and the construction of fences and arbors are allowed within the required 10- foot stream setback for a piped stream segment if no other critical area or buffer is present. No Yes Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 19 Revised September 2025 20.93.360 Permitted Alterations (a) Applicability. An applicant may seek an alteration of a critical area and/or critical area buffer through a permitted alteration when application of the standards in this chapter would result in the denial of all reasonable and economically viable use of the property and the proposed development meets the specific terms of this section. (b) General Requirements. The actions in the permitted alteration table below must be considered permitted alterations, unless as otherwise specified under AMC 20.93.540 Specific Wetland Category Development Standards, and provided they are consistent with the general standards for mitigation sequencing and other applicable requirements established in this chapter. (c) Review Process. (1) A zoning permit with public notice must be required for all permitted alterations. Requests for such permits must be reviewed using the procedures outlined in AMC Chapter 20.16. No permit shall be issued unless it can be shown that the proposed development is fully consistent with the requirements of this chapter. (2) In addition to other project-related documents, all permitted alterations must require a critical area assessment report per AMC 20.93.410, Critical Area Report, to evaluate the permitted alteration. The report must include: (A) A description of the function and condition of the critical area and/or buffer that would be altered; (B) An analysis of the effect of the development proposal on the critical area and/or buffer; (C) A description of actions that can be taken to modify the development proposal to avoid or reduce the alteration of the critical area and/or buffer and a discussion of whether these modifications are practical and reasonable; (D) A mitigation plan as required by this chapter. (3) Burden of Proof. The burden of proof is on the applicant to bring forth evidence in support of the application and upon which any decision has to be made on the application. (4) Public Comment. Consistent with AMC Chapter 20.16.220, the city must ensure the opportunity for public comment, including that from appropriate federal, state, and tribal natural resource agencies, to ensure the use of best available science before deciding an approval. (d) Decision Criteria. A permit for alterations of a critical area and/or buffer width required of this chapter may only be issued if the applicant demonstrates that all of the following criteria are met: (1) Special circumstances applicable to the subject property, including size, shape, or topography, and the strict application of this chapter is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity; provided, however, that the fact that those surrounding properties have been developed under regulations in force prior to the adoption of this chapter may not be the sole basis for granting approval; (2) The issuance of a variance to zoning requirements (setback, height, coverage, etc.) by itself will not provide sufficient relief to avoid the need for a permitted alteration to the critical area and/or buffer and other requirements for the critical areas regulated by this chapter; (3) Mitigation sequencing per AMC 20.93.430(a), Mitigation Sequencing, has been applied; (4) The proposed alteration is supported by best available science; and (5) The proposed alteration allows for development of the subject parcel with the least impact on critical areas while providing a reasonable use of the property. (e) Conditions may be required. In granting any approval, conditions and safeguards may be prescribed as are necessary to secure adequate protection of critical areas from adverse impacts, protect adjacent property, and ensure conformity with this chapter. (f) Table 20.93.360-1 describes activities that must meet the precise description to be allowed following the prescribed critical area process. Activities are divided into the categories of permitted in the critical area and permitted in the buffer, marked by a yes or no in the appropriate column. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 20 Revised September 2025 Table 20.93.360-1 Permitted Alterations Permitted Alterations: Zoning Permit Required Administrative Decision with Public Notice Critical Area Buffer Buffer Modifications, including increased buffer width, buffer averaging, and buffer alterations as described specifically in this chapter. No Yes Public Services. To protect wetlands, streams, wildlife habitat and other sensitive critical areas while allowing services when the strict application of the standards in this chapter would otherwise unreasonably prohibit the provision of public services and amenities. (a) “Public Services” include, but are not limited to, water supply, sewer and stormwater management facility; electric power, telecommunication and natural gas lines; and public road and multimodal transportation corridors. (b) Public services may be allowed to alter critical areas and buffers when: (1) Mitigation sequencing per AMC 20.93.430(a) has been applied; (2) The application of the critical areas regulations would unreasonably restrict the ability to provide public services; (3) There is no other practical alternative to the proposed development with less impact on the critical area; (4) The proposed development does not create a health or safety hazard on or off the development site, and must not be detrimental to the properties or improvements in the vicinity; previously disturbed areas; (6) Designs for crossings, boardwalks, bridges, and culverts are consistent with Washington Department of Fish and Wildlife and National Marine Fisheries Service best available science for the protection of fish and wildlife habitat. These structures shall not interfere with fish passage, the flow and circulation of water, or other wetland or stream processes, and shall be located at a 90-degree angle, or as close as possible thereto, to the stream, wetland, or buffer. In streams with salmonid habitat, bridges, bottomless culverts, or other alternatives that will allow for fish passage are required. Bridge piers or abutments may not be placed within wetlands, streams, or stream banks unless there is no feasible alternative; (7) Construction of crossings will occur during work windows and time limits established by state and federal agencies with jurisdiction to decrease impacts to protected species; (8) Any alterations permitted to the critical area and buffer are mitigated in accordance with AMC 20.93.430 impacted critical area(s) type; (9) The proposal is consistent with the Arlington comprehensive plan and other applicable regulations. (c) Conditions Authorized. Conditions may be established as necessary to mitigate impacts to critical areas and to conform to the standards required in this chapter. (d) It will be a condition of any alteration granted to a public agency and services exception that only the portion of the alteration that must be located in a critical area may be so located. Yes Yes Conservation, Restoration, and Fish Habitat Enhancement Projects. Conservation or restoration activities aimed at protecting or enhancing the soil, water, vegetation, or wildlife; including voluntary fish, wildlife, and wetland restoration or enhancement activities not required as project mitigation that have been approved by the U.S. Fish and Wildlife Service, the Washington State Department of Ecology, Washington State Department of Fish and Wildlife, or other appropriate local, state, federal, or tribal jurisdiction and/or that meet the criteria of RCW 77.55.181(1) and that are reviewed and approved according to the provisions of RCW 77.55.181. A biological evaluation report is required to determine whether the proposal would conserve, preserve, or enhance critical area functions in the long term to minimize temporary environmental impacts. Yes Yes Chemical Application. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary for the control of nuisance weeds and algae; except that their use will be restricted in accordance with the State Department of Ecology and State Department of Fish and Wildlife Management recommendations, and regulations of the State Department of Agriculture and the U.S. Environmental Protection Agency. Yes Yes Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 21 Revised September 2025 Permitted Alterations: Zoning Permit Required Administrative Decision with Public Notice Critical Area Buffer Recreational Areas/Facilities. Low impact activities which are consistent with the purpose and function of the critical area buffer and do not detract from its integrity may be permitted within the buffer depending on the sensitivity of the critical area. (a) Limited public park or public recreational access including trails, viewing platforms, fishing access (no wider than six feet), and foot bridges; provided that all of the following are satisfied: (1) The area/facility is part of a public park that is dependent on its location for recreational function; and (2) The areas/facility are limited to the minimum necessary to accomplish the recreational function; and (3) The removal of trees and native vegetation is minimized; and (4) The balance of the development is consistent with other requirements of this chapter; and (5) The project is identified in the Arlington comprehensive plan or parks and recreation master plan. (b) Private pedestrian walkways and public trails must meet the following standards: (1) The trail is generally parallel to the perimeter of the critical area; (2) The trail is located in the outer 25 percent of the buffer area and is designed to avoid removal of trees and native vegetation; (3) The trail does not exceed six feet in width and is limited to native soils or pervious surfaces. Raised boardwalks utilizing nontreated pilings may be acceptable; and (4) The trail may be subject to closure during critical spawning, migration or breeding time periods of sensitive species that are present. (c) Informational Signs. Construction and placement of informational signs or educational demonstration facilities no more than nine square feet surface area and four feet high, as long as there is no permanent infringement on hydrology or stream flow and nontreated wood is used; (d) Limited excavation and filling necessary for the repair and maintenance of piers, walkways, observation decks, wildlife management shelters, boathouses, and other similar water related structures, provided they are built on pilings to allow unobstructed flow of water and preserve the natural contour of the critical area. No Yes Single-Family Residences and Normal Appurtenances. New single-family dwellings on existing legal lots may intrude into critical areas or their buffers when all of the following conditions are met: (a) It is demonstrated that it is not feasible to avoid the critical area or buffer through avoidance or buffer averaging, or reconfiguration of lots in the same ownership at the date of adoption of this chapter, and the development is the minimum necessary to achieve reasonable use of the lot as determined by the decision-maker; and (b) Alteration of critical areas and their buffers including all clearing, grading, structures, and appurtenances, has not and will not exceed cumulatively 2,800 square feet of disturbance; and (c) This action does not allow critical areas or their buffers to be converted to lawn or residential landscaping beyond a minimal area needed to maintain an approved structure; and (d) Mitigation sequencing provided in this chapter under AMC 20.93.430 is applied and the proposal includes on-site mitigation to the extent feasible as determined by the critical area report. (e) Normal appurtenances included in this provision including garages, decks, and walkways incidental to residential living and that do not constitute a special privilege. Yes Yes Critical Area Aquifer Recharge Areas. All regulated activities listed under AMC 20.93.810, Applicability and Hazard Materials Questionnaire. Yes Yes Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 22 Revised September 2025 20.93.370 Reasonable Use Exception and Critical Area Variance. (a) Applicability. If the application of this chapter would result in denial of all reasonable and economically viable use of a property, and if such reasonable and economically viable use of the property cannot be obtained by consideration of a permitted alteration pursuant to AMC 20.93.360, then a landowner may seek a reasonable use exception from the standards of this chapter. Reasonable use exceptions are considered a critical area variance and are intended as a last resort and only when a variance can meet the requirements of this chapter. (b) General Requirements. Reasonable use is a legal concept articulated by federal and state courts in regulatory takings cases. Within the context of these cases and for the purposes of this title, reasonable use means uses allowed by the underlying zoning designation and subdivision of property is not allowed. When no possible alternative exists, a reasonable use exception must be considered a critical area variance, provided they are consistent with the general standards for variances under AMC 20.20.030 and other applicable requirements established in this chapter. (c) Procedures for Review. (1) A variance permit must be required for all reasonable use exceptions. Requests for such permits must be reviewed using the procedures application to an Administrative Variance as outlined in AMC 20.20.030. A permit shall not be issued unless it can be shown that the proposed development is fully consistent with the variance approval criteria enumerated in AMC 20.20.030 (variance criteria) as well as all of the requirements of this chapter. (2) In addition to other project related documents, all critical area variances must require a critical area report per AMC 20.93.410 to evaluate the proposed disturbance. The report must include: (A) A description of the function and condition of the critical area and/or buffer that would be altered; (B) An analysis of the effect of the development proposal on the critical area and/or buffer; (C) A description of actions that can be taken to modify the development proposal to avoid or reduce the alteration of the critical area and/or buffer and a discussion of whether these modifications are practical and reasonable; (D) A mitigation plan as required by this chapter. (3) Burden of Proof. The burden of proof is on the applicant to bring forth evidence in support of the application and upon which any decision has to be made on the application. (4) Public Comment. Consistent with AMC 20.16.220(d) the city must ensure the opportunity for public comment, including that from appropriate federal, state, and tribal natural resource agencies, to ensure the use of best available science before a decision is made. (d) Variance Criteria. (1) The application of this chapter would deny all reasonable economic use of the property and that there is no reasonable economically viable use with a lesser impact on the critical area than that proposed; and (2) Special conditions and circumstances exist that are peculiar to the land, the lot, or something inherent in the land, and that are not applicable to other lands subject of the provisions of this chapter; and (3) The inability of the applicant to derive reasonable use of the property is not the result of actions by the current or previous owner in subdividing the property or adjusting a boundary line, thereby creating the undevelopable condition, after the effective date of the ordinance codified in this chapter; and (4) Any proposed modification to a critical area will be evaluated through consideration of a critical area report and mitigation plan prepared by a qualified professional pursuant to the requirements of this chapter and will be the minimum necessary to allow reasonable and economically viable use of the property. The critical area report and mitigation plan must be prepared utilizing best available science; and (5) Mitigation sequencing per AMC 20.93.430 had been applied, and the proposal mitigation impacts on the critical area to the maximum extent possible, while still allowing reasonable use of the lot, and Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 23 Revised September 2025 (6) The proposed development does not pose a threat to adjacent property or to the public health and safety; and (7) The applicant has demonstrated that the criteria in AMC 20.20.030, Variance Criteria are met; and (8) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter or other lands, structures, or building under similar circumstances; and (9) The granting of the variance is consistent with the general purpose and intent of the Arlington comprehensive plan, and planning policies. (e) Conditions. Conditions of approval may be included as part of the decision, including modifications to the size and placement of structures and facilities to minimize impacts to critical areas and associated buffers and mitigation requirements that ensure that all impacts are mitigated to the maximum extent feasible utilizing best available science. (f) Variances – Geologically Hazardous Areas. A variance must not authorize development within a geologically hazardous area or required setback or buffer from a geologically hazardous area unless a qualified professional has determined the development will not pose a threat to public safety or property. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 24 Revised September 2025 Part IV - Critical Areas Review Procedures 20.93.400 Critical Area Evaluation Form Prior to the city’s consideration of any proposed activity found not to be exempt under AMC 20.93.350, the applicant must submit to the Department a completed form identifying suspected critical areas on, and within 300 feet, of the site. 20.93.410 Critical Area Report. (a) Report Required. When the Director determines a proposed development is within, abutting, or is likely to adversely affect a critical area or buffer pursuant to the provisions of this chapter, the Director may require a critical areas assessment report that is prepared by a qualified professional. The assessment of critical areas and analysis of impacts must be commensurate with the value or sensitivity of a particular critical area and relative to the scale and potential impacts of the proposed activity. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100. (b) Third Party Review of Critical Area Reports. The Director may require, at the applicant’s expense, a third party review of a critical area report by a qualified professional under contract with or employed by the city in any of the following circumstances: (1) The project requires a critical area permit, or critical area variance; or (2) Third party review is specifically required by the provisions of this chapter for the critical area(s) or critical area buffer(s) potentially being impacted; or (3) When the Director determines that such services are necessary to demonstrate compliance with the standards and guidelines of this chapter or other appropriate regulations. (c) Critical Area Report Types or Sections. Critical area report requirements may be met in stages through multiple reports or combined in one report. A critical area report must include one or more of the following sections or report types unless exempted by the Director based on the extent of the potential critical area impacts. The scope and location of the proposed project will determine which report(s) alone or combined are sufficient to meet the critical area report requirements for potentially impacted critical area type(s). The typical sequence of required sections or reports that will fulfill the requirements of this section include: (1) Reconnaissance. The existence, general location, and type of critical areas on, adjacent to, or likely to be impacted by activities on a project site. Determination of whether the project will adversely impact or be at risk from the potential critical areas based on maximum potential buffers for the particular critical area type. Possible application of exemptions should also be addressed; (2) Delineation. The extent, boundaries, rating or classification, and applicable standard buffers of critical areas where the project area could potentially impact the critical area or its buffer including an assessment of the characteristics of functions and values of the critical area and buffers identified; (3) Analysis. The proposal and impact assessment report documenting the potential project impacts to the critical area and buffers including a discussion of the efforts taken to avoid, minimize, and reduce potential impacts to those areas per AMC 20.93.430(a); (4) Mitigation. The measures that prevent or compensate for the potential impacts of the project designed to meet the requirements of this chapter, AMC 20.93.430, Mitigation Plan Requirements, and the standards for the specific critical areas impacted. Mitigation includes, but is not limited to, adjustments to required buffer sizes, best practices to minimize impacts, and critical area or buffer enhancement, restoration, or preservation plans. Mitigation plans include but are not limited to habitat management plans, revegetation or replanting plans, and restoration plans; (5) Maintenance and Monitoring. The goals of the mitigation proposed, performance standards for success, monitoring methods and reporting schedule, and contingency actions. Maintenance and monitoring plans must be consistent with the mitigation performance standards and requirements of Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 25 Revised September 2025 this chapter, including the specific mitigation plan requirements outlined in each critical area type section. (d) Minimum Report Requirements. At a minimum, critical area reports must contain the following information: (1) The names and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site; (2) A description of the proposal, proposal location including address and parcel number(s), and a vicinity map for the project; (3) Identification and characterization of all critical areas, water bodies, shorelines, and buffers on or within 300 feet of the proposed project area. The Director may require critical area and buffer dimensions to be accurately surveyed, depending on the scope of the project; (4) Documentation of any fieldwork performed on the site, including field data sheets, for delineations, rating system forms, baseline hydrologic data, site photos, etc.; (5) A statement specifying the accuracy of the report and all assumptions made and relied upon; (6) A description of methodologies used to conduct the critical areas investigation, including references; (7) A scaled drawing of critical areas and buffers identified in the report including buffers for off-site critical areas that extend onto the project site. (e) Existing Reports. Critical areas assessment reports shall generally be valid for a period of five years. Unless otherwise provided, a critical area report may incorporate, be supplemented by , or composed of any reports or studies required by other laws and regulations or previously prepared for and applicable to the development proposal site, as approved by the Director. At the discretion of the Director, reports previously compiled or submitted as part of a proposal for a development may be used as a critical area report to the extent that the requirements of this section and the requirements for each specific critical area type are met. Supplemental critical area report(s) may be required to provide information or analysis to address changes to the project scope, potential impacts to or changes to applicable regulations that have been made subsequent to existing, valid critical area reports, or other circumstances. (f) Modifications to Report Requirements. The applicant may consult with the Director, prior to or during preparation of the critical area report, to obtain approval of modifications to the required contents of the report where, in the judgement of a qualified professional, more or less information is required to adequately address the potential critical area impacts and required mitigation. (1) In some cases, such as when it is determined that no specific critical area is present, a full report may not be necessary to determine compliance with the critical area regulations, and in those cases a letter or reconnaissance-only report may be required. (2) Limitations to Study Area. The Director may limit the required geographic area of the critical area report as appropriate if: (A) The applicant, with assistance from the city of Arlington, cannot obtain permission to access properties adjacent to the project area; or (B) The proposed activity will affect only a limited part of the project site. 20.93.420 Application Requirements. (a) A complete application for a permitted alteration permit or reasonable use exception/variance permit must include the following information and materials on a form provided by the Director. For the purpose of this section, a complete application includes: (1) The name and contact information of the applicant; (2) Adequate information to determine compliance with the requirements of the critical area regulations, including a critical area report, impact and hazard assessment, and mitigation requirements specific to each critical area type, as indicated in the corresponding sections of this chapter; (3) Identification of the development permit(s) requested and all other local, state, and/or federal critical area-related permits required for the project; (4) Site plan, a scaled drawing of the development proposal including: Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 26 Revised September 2025 (A) Property and project site boundaries; (B) An accurate depiction of all critical areas, including off-site critical areas and buffers that extend onto the project site; a desk survey is acceptable when access to the adjacent property has been denied; (C) The development proposal including grading and clearing limits and areas of proposed impacts to critical areas and/or buffers (including square footage estimates); (D) A scaled depiction and description of the proposed stormwater pollution prevention plan consistent with the adopted stormwater manual, for the development and consideration of impacts to critical areas due to drainage alterations; (E) An assessment of probable impacts to the critical areas resulting from the proposed development of the site based upon identified findings; (F) A description of reasonable efforts made to apply mitigation sequencing pursuant to AMC 20.93.430, Mitigation Requirements, to avoid, minimize, and mitigate impacts to critical areas; and (G) Plans for mitigation required to offset any critical areas impacts, in accordance with AMC 20.93.430, Mitigation Plan Requirements, and the corresponding mitigation performance standards sections of this chapter, including a discussion of the applicable development standards and cost estimates for determination of financial guaranteed requirements. (b) Additional Requirements. The Director may require additional information to be included in the critical areas permit submittal when determined to be necessary to the review of the proposed activity in accordance with this chapter. Additional information that may be required includes, but is not limited to: (1) Historical data, including original and subsequent mapping, historical aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site; (2) Grading and stormwater management plans; and (3) Information specific to the type, location, and nature of the critical area. 20.93.430 Mitigation and Mitigation Plan Requirements. (a) Mitigation must be sufficient to restore impacted functions and values, or compensate for the impacted functions and values, of the critical area and to prevent risk from a hazard posed to a critical area by the proposed activity. Mitigation must not be implemented until after the decision-maker has provided approval of a critical area report that includes a mitigation plan. (1) Mitigation Sequencing. This section applies to mitigation required with all critical areas reviews, approvals, and enforcement pursuant to this chapter. This section is supplemented with specific measures under parts for particular critical area types. Mitigation for specific development proposals may include a combination of the measures below and must be designed and constructed in accordance with the provisions of this section. Before impacting any critical areas, an applicant must demonstrate that the following actions have been taken in the following sequential order: (A) Avoiding the impact altogether by not taking a certain action or parts of actions; (B) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts; (C) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment or by restoring or stabilizing the critical area through natural, engineering, or other methods; (D) Reducing or eliminating the impacts or hazard over time by preservation and maintenance operations during the life of the action; (E) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or (F) Monitoring, measuring and reporting the impact to the decision-maker and taking appropriate corrective measures. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 27 Revised September 2025 (2) Applicants must first demonstrate an inability to avoid or reduce impacts before the use of actions to mitigate potential impacts will be allowed. No activity or use may be allowed that results in a net loss of the functions or values of a critical area. (A) Type, Location and Timing of Mitigation. Unless it is demonstrated that higher levels of ecological functioning or greater reduction of hazard risk would result from an alternative approach or as otherwise allowed in this chapter, mitigation for adverse impacts must be based on best available science and must be in-kind, on site, and prior to the activities that will disturb the critical area. Mitigation measures that cannot be implemented prior to the critical area impacts must be completed immediately following disturbance and prior to use or occupancy of the action or development. Construction of mitigation projects must be timed to reduce impacts to existing fisheries, wildlife, and flora. (i) The decision-maker may authorize a one-time temporary delay in completing construction or installation of the mitigation when the applicant provides a written explanation from a qualified professional as to the rationale for the delay and satisfactory financial guarantee that the installation will occur. An appropriate rationale would include identification of the environmental conditions that could produce a high probability of failure or significant construction difficulties (e.g., project delay lapses past a fisheries window, or installing plants should be delayed until the dormant season to ensure greater survival of installed materials). The delay must not create or perpetuate hazardous conditions or environmental damage or degradation, and the delay must not be injurious to the health, safety, or general welfare of the public. (b) When mitigation is required, the applicant must submit for approval by the city a mitigation plan as part of the critical area report. The mitigation plan must include: (1) Environmental Goals and Objectives. The mitigation plan must identify environmental goals and objectives of the mitigation proposed and including: (A) A description of the anticipated impacts to the critical areas, the mitigation actions proposed, and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives must be related to the functions and values of the impacted critical area; and (B) A review of the best available science supporting the proposed mitigation and description of the report author’s experience to date in restoring or creating the type of critical area proposed. (2) Performance Standards. The mitigation plan must include measurable specific criteria for evaluating whether or not the goals and objectives of the mitigation project have been successfully attained at the end of the required monitoring period and whether or not the requirements of this chapter have been met. (3) Detailed Construction Plans. In order to convey proposed construction techniques and anticipated final outcome, the mitigation plan must include written specifications, descriptions, and drawings of the mitigation proposed, including: (A) The proposed construction sequence, timing, and duration; (B) Best management practices including erosion and sediment control features to be implemented; (C) Site plans showing grading and excavation details, slope gradient, and final grade elevations with minimum two-foot contour intervals. (D) Cross-sectional drawings; (E) A planting plan specifying plant species, quantities, locations, size, spacing, and density; and (F) Measures to protect and maintain plants until they are established. (4) Monitoring Program and Contingency Plan. A monitoring and contingency plan are required for all project requiring mitigation. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 28 Revised September 2025 (A) The mitigation plan must include a monitoring program to be implemented by the applicant to determine the success of the mitigation project and any necessary corrective actions. This program must determine if the original goals and objectives of the mitigation plan are being met. (5) Monitoring Reports. (A) The as-built report, required prior to final inspection, must, at a minimum, include documentation of the following: (i) Departures from the original approved plans; (ii) Construction supervision provided by the qualified professional; (iii) Approved project goals and performance standards; (iv) Baseline data for monitoring per the approved monitoring methods; (v) Photos from established photo points; and (vi) A site plan showing final mitigation as constructed or installed, monitoring points, and photo points. (B) Subsequent monitoring reports must, at a minimum, include: (i) Monitoring visit observations, documentation, and analysis of monitoring data collected; (ii) Photos from established photo points; (iii) Determination whether performance standards are being met; and (iv) Maintenance and/or contingency action recommendations to ensure success of the project at the end of the monitoring period. (C) The applicant is responsible for reimbursement of the cost of reviewing monitoring reports and site inspections during the monitoring period which are completed by the city or a qualified professional under contract with or employed by the city. (6) Cost Estimates. The mitigation plan must include cost estimates that will be used by the city to calculate the amounts of financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented. Financial guarantees ensuring fulfillment of the compensation project, monitoring program, and any contingency measures must be posted in accordance with AMC 20.93.470, Financial guarantee requirements. (7) Approved Mitigation Projects – Signature. On completion of construction, an as-built report for any approved mitigation project must be prepared and signed off by the applicant’s qualified professional and approved by the city. Signature of the qualified professional on the required as-built report and approval by the Director indicates that the construction has been completed as planned. 20.93.440 Title Notification. (a) Generally. A critical area notice on title is required, as a condition of permit issuance or project approval, when a permit or development application is submitted for development on any property containing a critical area or buffer. The purpose is to inform subsequent purchasers of real property of the existence of critical areas. (1) The title notice requirement can be met through recording of a title notice on forms prepared by the city, establishment of a critical area tract, or recording of a native growth protection area easement, consistent with subsections (b) through (d) of this section, as applicable. (2) The following must be noted on all critical area title notice documents: (A) Identification of ownership and long-term maintenance responsibility of critical areas, buffers, and permanent field markings (e.g., fencing, signage); (B) Restrictions on development, vegetation removal, and application of hazardous substances (pesticides, herbicides, fertilizers) within the critical areas and buffers; (C) The right of the city to enforce the terms of the restrictions. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 29 Revised September 2025 (b) Title Notice. The title notice applicable to the property must be approved by the decision-maker and City Attorney for compliance with this provision and be filed by the property owner, at their expense, with the Snohomish County Auditor’s Office. The title holder will have the right to challenge this notice and to have it extinguished if the critical area designation no longer applies. However, the titleholder is responsible for completing a critical area report, subject to approval by the decision-maker, before the notice on title can be extinguished. The title notice runs with the land. (c) Critical Area Tract. Subdivisions, short subdivisions, and binding site plans must establish a separate critical area tract as a permanent protective measure for wetlands, fish and wildlife habitat conservation areas, and geological hazard areas and their buffers. The plat or binding site plan for the project must note the long-term ownership/maintenance responsibility as well as clearly depict the critical area tract, including all of the subject critical area, any required buffer, and any additional lands included voluntarily as part of the project. Should the critical area tract include several types of critical areas, separate critical area tracts must be identified. (d) Native Growth Protection Easements (NGPE). NGPE easements are required on a property where no subdivision, short subdivision, or binding site plan is proposed or required. Unless otherwise required in this chapter, NGPE easements must be recorded on title for all affected parcels prior to approval of a development application or building permit, when two or more dwelling units and/or nonresidential developments are proposed on one parcel, to delineate and protect critical areas and their buffers. The easement to be recorded must clearly depict the critical area(s), required buffer(s) and the limits of the NGPE easement. 20.93.450 Field Marking. (a) Temporary Field Marking During Construction. The outer perimeter of the critical area buffer and the clearing limits identified by an approved permit or authorization must be marked in the field with temporary “clearing limits” fencing in such a way as to ensure that no unauthorized intrusion will occur. The marking is subject to inspection by the Director prior to the commencement of permitted activities. This temporary marking and fencing must be maintained throughout construction and may not be removed until permanent fencing and/or signs, if required, are in place. (b) Permanent Field Marking. The decision-maker may require installation of permanent signs, markers, and fencing along the outer perimeter of a critical area or its buffer when it is determined necessary to protect the critical areas’ functions and values. Permanent markings must be installed prior to final project approval or occupancy, as determined by the decision-maker. (1) Signs. As a condition of any permit or authorization issued pursuant to this Chapter, the Community and Economic Development Director shall require the applicant to install permanent signs along the boundary of the critical area. All critical areas, tracts, easements, and dedications should be clearly marked on the site using permanent markings, as follows: (A) Permanent 12” x 18” signs shall be made of an enamel-coated metal face attached to a metal post or another non-treated material of equal durability. Signs shall be posted at an interval of one (1) every fifty (50) feet, or one (1) per lot if property owner in perpetuity. The signs shall be worded as follows or with alternative language approved by the Community and Economic Development Director: Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 30 Revised September 2025 Figure 1: Critical Area Protection Area Sign (B) The provisions of Subsection (A) may be modified as necessary to assure protection of sensitive features or wildlife. (2) Fencing. (A) The applicant shall be required to install a permanent fence along the boundary of the wetland buffer when adjacent activities could degrade the wetland or its buffer (e.g., domestic animal grazing, unauthorized access by humans or pets, etc.). (B) Fencing installed as part of a proposed activity or as required in this subsection shall be designed so as to not interfere with species migration or wildlife movement, including fish runs, and shall be constructed in a manner that minimizes impacts to the wetland and associated habitat. Proposed fencing types and materials will be determined on a case-by-case basis; however, the typical is split rail fencing. All fencing shall be approved by the decision-maker prior to installation. (3) Maintenance and Replacement. It is the responsibility of the landowner, successors, or as otherwise assigned to maintain in perpetuity and replace, if necessary, all permanent fencing and field markings. 20.93.460 Construction Plan Review, Monitoring, and Inspection. (a) The Director may require project building and construction plans to be reviewed by a qualified professional for confirmation of consistency with the critical area report and recommendations prior to approval of construction plans. (b) The Director may require monitoring by a qualified professional during site alteration activities within, or adjacent to, critical areas or buffers, and/or a final inspection report by the qualified professional stating that construction has or has not implemented the design recommendations provided in the project critical area report, and evaluation of any deviation from the recommendations. (c) When the Director determines that such services are necessary to demonstrate compliance with the standards and guidelines of this chapter, they will be at the applicant’s expense. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 31 Revised September 2025 20.93.470 Financial Guarantee Requirements. When determined necessary by the Director, bonds, and other financial guarantees, and associated performance agreements or maintenance/defect/monitoring agreements are required for projects with required mitigation or restoration of impacts to critical areas or critical area buffers consistent with the following: (a) A performance agreement and bond, or other acceptable financial guarantees, are required from the applicant when mitigation required pursuant to a development proposal is not completed prior to final permit approval, such as final plat approval or final building inspection. The amount of the performance bond(s) must equal 150 percent of the cost of the mitigation project. (b) A performance agreement and bond, or other acceptable financial guarantees, are required from the applicant when restoration is required for remediation of a critical area violation. The amount of the performance bond(s) must equal 150 percent of the cost of the mitigation project. (c) A maintenance/defect/monitoring agreement and bond, or other acceptable financial guarantees, are required to ensure the applicant’s compliance with the conditions of the approved mitigation plan pursuant to a development proposal or restoration plan for remediation of a violation. The amount of the maintenance bond(s) must equal 150 percent of the cost of the mitigation project in addition to the cost for monitoring for a minimum of five years. The monitoring portion of the financial guarantee may be reduced in proportion to work successfully completed over the period of the bond. The bonding period must coincide with the monitoring period. 20.93.480 Unauthorized Critical Area Alterations. (a) When a critical area or its buffer has been altered in violation of this chapter, all work must stop, and the critical area and buffer must be restored. The Director may issue a stop work order to cease all work, and order restoration measures at the owner’s or other responsible party’s expense to remediate the impacts of the violation of the provisions of this chapter. The city may take formal enforcement action under AMC Title 11, Violations and Abatement, to ensure the violation is abated. (b) Requirement for Restoration Plan. (1) All work must remain stopped until a restoration plan is provided by the party responsible and approved by the city. Such a plan must be prepared by a qualified professional using the best available science and must describe how the actions proposed meet the minimum requirements described in subsection (c) of this section. (2) The Director may, at the responsible party’s expense, seek expert advice, including but not limited to third party review by a qualified professional under contract with or employed by the city, in determining if the plan meets the minimum performance standards for restoration. (3) Submittal, review, and approval of required restoration plan for remediation of violations of this chapter must be completed through a site development permit application process, either after the fact for regulated activities, or as a restoration permit for activities not allowed under these provisions. (c) Minimum Performance Standards for Restoration. (1) For alterations to critical aquifer recharge areas, wetlands, and fish and wildlife habitat conservation areas, the following minimum performance standards must be met for the restoration: (A) The pre-violation function and values of the affected critical areas and buffers must be restored, including but not limited to hydrologic, water quality and habitat functions; (B) The pre-violation soil types and configuration must be replicated; (C) The critical area and buffers must be replanted with a native vegetation community that reproduces the structure, species content and condition of the pre-violation vegetation community. Based on the historical or pre-violation vegetation community, native plant species must be replaced at minimum of a five-to-one ratio or installed at a density of five-feet-on-center unless approved by the decision-maker. The pre-violation functions and values should be replicated at the location of the alteration; and Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 32 Revised September 2025 (D) Information demonstrating compliance with the requirements in AMC 20.93.430, Mitigation Plan Requirements, and the applicable mitigation sections for the affected type(s) of critical area(s) and their buffer(s) must be submitted to the decision-maker with a complete site development permit application. (E) These standards may be modified by the decision-maker when it can be demonstrated that greater functional and habitat values can be obtained. (2) For alterations to special flood hazard and geologically hazardous areas, the following minimum performance standards must be met for the restoration of a critical area: (A) The hazard must be reduced to a level equal to, or less than, the pre-violation hazard; (B) Any risk of personal injury resulting from the alteration must be eliminated or minimized; and (C) The hazard area and buffers must be replanted with native vegetation sufficient to minimize the hazard. (D) These standards may be modified by the decision-maker if the violator can demonstrate that greater safety can be obtained. (d) Site Investigation. The Director is authorized to take such actions as are necessary to enforce this chapter. The Director (or Director’s authorized representative) must present proper credentials and obtain permission before entering onto private property. (e) Penalties. Any responsible party violating the provisions of this chapter may be subject to applicable penalties per AMC Title 11, Violations and Abatement. 20.93.490 Final Decision and Appeals. (a) Completion of the Critical Area Review. The city’s determination regarding critical areas pursuant to this chapter is final concurrent with the final decision to approve, condition, or deny the underlying permit for the development proposal or other activity involved. (b) Appeals. Any decision to approve, condition, or deny a development activity proposal or other activity based on the requirements of this chapter may be appealed according to, and as part of, the appeal procedure for the underlying permit or approval involved. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 33 Revised September 2025 Part V - Wetlands 20.93.500 Description and Purpose. (a) Recognize and protect the beneficial functions performed by many wetlands, which include, but are not limited to, providing food, breeding, nesting and/or rearing habitat for fish and wildlife; recharging and discharging ground water; contributing to stream flow during low flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce flooding and erosion; carbon sequestration; thermal refugia, and improving water quality through biofiltration, adsorption, retention, and transformation of sediments, nutrients, and toxicants. (b) Regulate land use to avoid adverse effects on wetlands and maintain the functions and values of wetlands through the City of Arlington. (c) Establish review procedures for development proposals in and adjacent to wetlands. (1) Compliance with the provisions of this Chapter does not necessarily constitute compliance with other federal, state, and local regulations and permit requirements that may be required (for example, Shoreline permits, Hydraulic Project Approval permits, Clean Water Act Section 404 permits and 401 certifications, Ecology Administrative Orders, or National Pollutant Discharge Elimination System (NPDES) permits). The applicant is responsible for complying with these requirements, apart from the processes established in this Chapter. 20.93.510 Identification, Delineation, Designation, and Rating. (a) Identification and Delineation. Identification of wetlands and delineation of their boundaries pursuant to this Chapter shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplement. All areas within the city meeting the wetland definition and designation criteria in that procedure are hereby designated critical areas and are subject to the provisions of this Chapter. Wetland delineations are valid for five years; after such date the city shall determine whether a revision or additional assessment is necessary. Wetland delineations will be documented on a ground- verified map using either professional surveying methods or an equivalent professional method using GPS with sub-meter accuracy. (b) Designation. All areas meeting the definition of a wetland and the wetland identification criteria pursuant to this chapter, regardless of any formal identification, are hereby designated critical areas and are subject to the provisions of this chapter. (c) Rating. Wetlands shall be rated according to the Washington state Wetland Rating System for Western Washington: 2014 Update (Ecology Publication 14-06-029 or as revised). Wetland ratings are valid for five years; after such date the city shall determine whether a revision or additional rating is necessary. (1) Category I. Category I wetlands are those that represent unique or rare wetland types, are more sensitive to disturbance than most wetlands, are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime or provide a high level of functions. The following types of wetlands are Category I: (A) Relatively undisturbed estuarine wetlands larger than 1 acre; (B) Wetlands of high conservation value identified by scientists of the Washington Natural Heritage Program/Department of Natural Resources (DNR); (C) Bogs; (D) Mature forested wetlands larger than 1 acre; (E) Wetlands in coastal lagoons; and (F) Wetland that performs many functions well and has a total score of 23 points or more in the wetland rating. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 34 Revised September 2025 (2) Category II. Category II wetlands are those wetlands that are difficult, though not impossible, to replace, and provide high levels of some functions. The following types of wetlands are Category II: (A) Estuarine wetlands smaller than one acre or disturbed estuarine wetlands larger than one acre; (B) Wetlands with a moderately high level of functions and a total score of 20 to 22 points in the wetland rating; (C) Wetlands in coastal lagoons that are relatively undisturbed and equal to or smaller than one- tenth acre (4,350 square feet). (3) Category III. Category III wetlands are those with a moderate level of functions, generally have been disturbed in some ways, can often be adequately replaced with a well-planned mitigation project, and are often less diverse or more isolated from other natural resources in the landscape than Category II wetlands. The following types of wetlands are Category III: (A) Wetlands with a moderate level of functions with a total score of 16 to 19 points in the wetland rating. (4) Category IV. Category IV wetlands have the lowest levels of functions and are often heavily disturbed, with a total score of 15 points or less in the wetland rating. The functions provided by Category IV wetlands are generally easier to replace, and in some cases can be improved. However, experience has shown that replacement of functions cannot be guaranteed in any specific case. These wetlands may provide some important functions that need to be protected. (d) Illegal Modifications. Wetland rating categories shall not change due to illegal modification made to the wetland. 20.93.520 Mapping and Delineation (a) Mapping. The approximate location and extent of potential wetlands are shown in the wetland data layer maintained in the city of Arlington geographic information system (GIS). In addition, the following maps and inventories, that depict areas of hydric soils and potential wetland areas, are hereby adopted by reference as amended: (1) Soil maps produced by the U.S. Department of Agriculture, National Resources Conservation Service; and (2) The National Wetlands Inventory, produced by the U.S. Fish and Wildlife Service. (b) Reference Only. The maps and resources cited above are to be used as a guide for the Department, project applicants, and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. (c) Identification and Delineation. Identification of wetlands and delineation of their boundaries pursuant to this chapter must be done in accordance with the adopted federal wetland delineation manual and applicable regional supplements per WAC 173-22-035. The exact location of a wetland’s boundary must be determined through the performance of a field investigation by a qualified professional. Evidence documenting the results of the boundary survey, including evidence of a lack of wetland indicators if no wetlands are identified, must be submitted to the city. 20.93.530 General Development Standards (a) All development activities and uses are prohibited in wetlands and wetland buffers, unless administered through the permit procedures above, and the performance standards described herein, and only when it is demonstrated that the activity will not result in a loss of function and values of the wetland through the application of mitigation sequencing in AMC 20.93.430(a), Mitigation Requirements. (b) Exemptions. Exemptions to this chapter are listed in the provisions established in AMC 20.93.350, Exempt Activities. (c) Subdivisions. The subdivision and/or short subdivision of land in wetlands and associated buffers are subject to the following: (1) Land that is located wholly within a wetland and/or its buffer may not be subdivided; and Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 35 Revised September 2025 (2) Land that is located partially within a wetland and/or its buffer may be subdivided; provided, each lot will meet all zoning standards in AMC Chapter 20.48, Density and Dimensional Standards without encroaching into the wetland or buffer. 20.93.540 Specific Wetland Category Development Standards (a) Category I Wetlands. Development activities and uses that result in alteration of Category I wetlands and their associated buffers are prohibited, unless the denial will prevent all reasonable economic use of the property. The development may be permitted through a critical area variance if it is determined to be the minimum impact possible and a reasonable use as prescribed in AMC 20.93.370, Reasonable Use Exception and Critical Area Variance. (b) Category II, III, and IV Wetlands. Development activities that result in alteration of Category II, III, or IV wetlands may be permitted upon demonstration, through a critical area report meeting the requirements of this chapter, that: (1) Mitigation sequencing has been applied per AMC 20.93.430(a); (2) The proposed alteration will not degrade the quantitative and qualitative functioning of the wetland, or that any degradation can be adequately mitigated to protect or compensate for the wetland functions that are lost; (3) Small, Hydrologically Isolated Category IV Wetlands (Less than 1,000 Square Feet). The decision- maker may allow small, hydrologically isolated Category IV wetlands to be exempt from the requirement to avoid impacts (AMC 20.93.430(a)(1)), and allow alteration of such wetlands if all of the following conditions are met: (A) The remaining mitigation sequencing actions of AMC 20.93.430(a)(2) through AMC 20.93.430(a)(6) are followed; (B) The wetland is less than 1,000 square feet in area; (C) The wetland does not have unique characteristics that would be difficult to replace through standard compensatory mitigation practices; (D) The wetland is a low-quality Category IV wetland with a habitat score of less than five points in the adopted rating system; (E) The wetland does not provide significant suitable breeding habitat for native amphibian species. Suitable breeding habitat may be indicated by adequate stable and seasonal inundation that is persistent from February to at least through April and presence of thin-stemmed emergent vegetation and/or clean water; (F) The wetland does not contain habitat identified as essential for local populations of priority species identified by the Washington Department of Fish and Wildlife or species of local importance which are regulated as fish and wildlife habitat conservation area in Part 3 FWHCA; (G) The wetland is not associated with shorelines of the state or their associated buffers; (H) The wetland is not associated with riparian areas or buffers; (I) The wetland is not part of a wetland mosaic; and (J) A mitigation plan to replace lost wetland functions and values is developed, approved, and implemented consistently with AMC 20.93.430, Mitigation Plan Requirements. (K) In order to verify that the wetland meets these exemption conditions, a critical area report for wetlands meeting the requirements in this chapter must be submitted. (4) Small, Hydrologically Isolated Category IV Wetlands (Less than 1,000 Square Feet). Wetlands less than 1,000 square feet that meet the criteria in subsection (b)(3) of this section and that do not contain federally listed species or their critical habitat are exempt from the buffer provisions contained in this chapter. In order to verify that the wetland meets this exemption, a critical area report for wetlands meeting the requirements in this chapter must be submitted. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 36 Revised September 2025 20.93.550 Required Buffer Areas. (a) Buffer Requirements. Wetland buffers must be established to protect the integrity, functions and values of the wetland. The buffer tables below have been established in accordance with the best available science. They are based on the category of wetland and the habitat score (for options 1 and 2) as determined by a qualified wetland professional using the Washington State Wetland Rating System for Western Washington: 2014 Update (Ecology Publication #14-06-029, or as revised). (b) Measurement of Wetland Buffers. All buffers must be measured horizontally from the edge of the wetland boundary as surveyed in the field. The width of the buffer must be determined according to the buffer options chosen below. (c) Buffer Standards. The buffer standards required by this chapter presume the existence of a dense vegetation community in the buffer adequate to protect the wetland functions and values. When a buffer lacks adequate vegetation, the decision-maker may increase the standard buffer, require buffer planting or other enhancements, and/or deny a proposal for buffer reduction or buffer averaging. (1) Buffer Width Tables. (A) Option 1 (i) Table 20.93.550-1: Wetland Buffer Width Requirements, in Feet, if Table 20.93.550-2 is Implemented and a Habitat Corridor is Provided. Category of Wetland Habitat Score 3-5 Points Habitat Score 6-7 Points Habitat Score 8-9 Points Buffer Width Based on Special Characteristics Category I or II: Based on Rating of Wetland Functions (and not listed below) 75 110 225 NA Category I: Bogs and Wetlands of High Conservation Value NA NA 225 190 Category I: Interdunal NA NA 225 NA Category I: Forested 75 110 225 NA Category II: Interdunal NA NA NA 110 Category III: All Types Except Interdunal 60 110 225 NA Category III: Interdunal NA NA NA 60 Category IV: All Types 40 40 40 NA Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 37 Revised September 2025 (ii) Table 20.93.550-2: Developments that Produce the Listed Disturbances and are Requesting a Buffer Reduction are Required to Address the Disturbance Through the Use of Applicable Minimization Measures. This is not a complete list of measures, nor is every example measure required. Though not every measure is required for all situations, all effort should be made to implement as many measures as possible when the activities or uses are present on the site. Regulatory staff should determine, in coordination with the applicant, which measures are applicable and practicable. Examples of Disturbance Activities and Uses that Cause Disturbances Examples of Measures to Minimize Impacts Lights • Parking lots • Commercial/Industrial • Residential • Recreation (e.g., athletic fields) • Agricultural Buildings • Direct lights away from wetland • Only use lighting where necessary for public safety and keep lights off when not needed • Use motion-activated lights • Use full cut-off filters to cover light bulbs and direct light only were needed • Limit use of blue-white colored lights in favor of red-amber hues • Use lower-intensity LED lighting • Dim light to the lowest acceptable intensity Noise • Commercial • Industrial • Recreation (athletic fields, bleachers, etc.) • Residential • Agriculture • Locate activity that generates noise away from wetlands • Construct a fence to reduce noise impacts on adjacent wetland and buffer • Plant a strip of dense shrub vegetation adjacent to wetland buffer Toxic runoff • Parking lots • Roads • Commercial/Industrial • Residential areas • Application of pesticides • Landscaping • Agriculture • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 ft of wetland • Apply integrated pest management • These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered species are present at the site Stormwater runoff • Parking lots • Roads • Residential areas • Commercial/Industrial • Recreation • Landscaping/lawns • Other impermeable surfaces, compacted soil, etc. • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized or sheet flow from lawns that directly enter the buffer • Infiltrate or treat, detain, and disperse new runoff from impervious surfaces and lawns Pets and human disturbance • Residential areas • Recreation • Use privacy fencing • Plant dense native vegetation to delineate buffer edge and to discourage disturbance. • Place wetland and its buffer in a separate tract • Place signs around the wetland buffer every 50 - 200 feet and for subdivisions place signs at the back of each residential lot • When platting new subdivisions, locate greenbelts, stormwater facilities, and other lower intensity uses adjacent to wetland buffers Dust • Tilled fields • Roads • Use best management practices to control dust Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 38 Revised September 2025 (iii)Table 20.93.550-3: Wetland Buffer Width Requirements, in Feet, for Applications Not Providing Habitat Corridor or Implementing Measures in Table 20.93.550-2. Category of Wetland Habitat Score 3-5 Points Habitat Score 6-7 Points Habitat Score 8-9 Points Buffer Width Based on Special Characteristics Category I & II: Based on Rating of Wetland Functions (and not listed below) 100 150 300 NA Category I: Bogs and Wetlands of High Conservation Value NA NA 300 250 Category I: Interdunal NA NA 300 NA Category I: Forested 100 150 300 NA Category II: Interdunal NA NA NA 150 Category III: All Types Except Interdunal 80 150 300 NA Category III: Interdunal NA NA NA 80 Category IV: All 50 50 50 50 (iv) Conditions for Implementing Tables 20.93.550-1, 20.93.550-2, and 20.93.550-3 (a) Wetlands that score 6 points or more for habitat function: the buffers in Table 20.93.550-1 can be used only if all of the following criteria are met: (1) A relatively undisturbed, habitat corridor at least 100 feet wide is protected between the wetland and: (A) A legally protected, undisturbed and vegetated area (e.g., Priority Habitats, compensatory mitigation sites, wildlife areas/refuges, federal, county, and state parks) where they have management plans with identified areas designated as Natural, Natural Forest, or Natural Area Preserve, or (B) An area that is the site of a Watershed Project identified within, and fully consistent with, a Watershed Plan is defined by RCW 89-08-460, or (C) An area where development is prohibited according to the provisions of the local shoreline master program, or (D) An area with equivalent habitat quality that has conservation status in perpetuity, in consultation with WDFW. (2) The corridor is permanently protected for the entire distance between the wetland and the shoreline or legally protected area by a conservation easement, deed restriction, or other legal site protection mechanisms. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 39 Revised September 2025 (3) Presence or absence of the shoreline or Priority Habitat must be confirmed by a qualified biologist or shoreline Administrator. (4) The measures in Table 20.933.550-2 are implemented, as applicable, to minimize the impact of the adjacent land uses. (b) For wetlands that score 5 or fewer habitat points, only the measures in Table 20.93.550- 2 are required for the use of the buffers in Table 20.93.550-1. (c) If an applicant does not apply the mitigation measures in Table 20.93.550-2 or is unable to provide a protected corridor, then the buffers in Table 20.93-.550-3 shall be used. (d) The buffer widths in Tables 20.93.550-1 and 20.93.550-3 assume that the buffer is vegetated with a native plant community appropriate for the ecoregion. If the existing buffer is unvegetated, sparsely vegetated, or vegetated with invasive species that do not perform needed functions, the buffer must either be planted to create the appropriate native plant community or be widened to ensure that the buffer provides adequate functions to protect the wetland. (2) Increased Wetland Buffer Width. Buffer widths shall be increased on a case-by-case basis as determined by the decision-maker when a wider buffer is necessary to protect wetland functions and values. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the wetland. The documentation shall include but not be limited to the following criteria: (A) The wetland is used by plant or animal species listed by the federal government or the state as endangered, threatened, candidate, sensitive, monitored, or documented priority species or habitats, or the wetland is essential or outstanding habitat for those species or has unusual nesting or resting sites such as heron rookeries or raptor nesting trees; or (B) The adjacent land has slopes greater than 15 percent and is susceptible to severe erosion, and erosion-control measures will not effectively prevent adverse wetland impacts; or (C) The adjacent land has minimal vegetative cover on slopes greater than 30 percent. In lieu of increasing the buffer width where existing buffer vegetation is inadequate to protect the wetland functions and values, development and implementation of a wetland buffer restoration/enhancement plan in accordance with AMC 20.93.570, Compensatory Mitigation Performance Standards and Requirements, may be substituted. (3) Averaging Buffer Widths. The decision-maker may allow averaging of wetland buffers on a case-to- case basis when the critical area report demonstrates that the following criteria are met: (A) There is not a feasible alternative to the site design that could be accomplished without buffer averaging; (B) The buffer averaging improves the functions or values of the wetland, either through preservation of total buffer area or enhancement of buffer areas including the creation of connectivity or corridors; (C) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer; (D) The wetland contains variation in sensitivity due to existing physical characteristics, or the character of the buffer varies in slope, soils, or vegetation, and the wetland would benefit from a wider buffer in places and would not be adversely impacted by a narrow buffer in other places; (E) The buffer at its narrowest point is not reduced to less than 75 percent of the standard width. (4) Measurement of Wetland Buffers. All buffers must be measured perpendicularly from the wetland boundary as surveyed in the field. The buffer for a wetland created, restored, or enhanced as a compensation for approved wetland alteration must be the same as the buffer required for the category of the created, restored, or enhanced wetland. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 40 Revised September 2025 (5) Buffers on Mitigation Sites. Buffer widths must be applied to mitigation sites consistent with the wetland rating and buffer requirements of this chapter for subsequent development proposals based on expected category of the wetland once the mitigation actions are taken. Only fully vegetated buffers with predominantly native plants will be included in the new buffer area. Lawns, walkways, driveways, and other mowed or paved areas will not count towards the required buffer calculations. (6) Buffer Maintenance. Except as otherwise specified or allowed in accordance with this chapter, wetland buffers must be retained in an undisturbed or enhanced condition. In the case of compensatory mitigation sites, removal of invasive nonnative weeds is required for the duration of the mitigation bond. (7) Buffer Impacts. When buffer impacts occur, compensatory mitigation must be provided at a minimum ratio of one-to-one for the area impacted. The mitigation must occur on the same site when feasible or within the same wetland system preferably. The mitigation must ensure that the wetland functions and values are not diminished due to the buffer impacts. (8) Stormwater Management Facilities. Stormwater management facilities may be allowed in Category III and IV wetland buffers if they meet all of the criteria identified below: (A) The wetland is classified as a Category III or a Category IV wetland with a habitat score of three to five points or less; and (B) There will be “no net loss” of functions and values of the wetlands; and (C) The wetland does not contain a breeding population of any native amphibian species; and (D) The hydrologic functions of the wetland can be improved as outlined in questions 3, 4, and 5 of Chart 4 and questions 2, 3, and 4 of Chart 5 in the Department of Ecology, “Guide for Selecting Mitigation Sites Using a Watershed Approach”, or the wetland is part of a priority restoration plan that achieves restoration goals identified in a Shoreline Master Program or other local or regional watershed plan; and (E) The wetland lies in the natural routing of the runoff, and the discharge follows the natural routing; and (F) All regulations regarding stormwater and wetland management are followed, including but not limited to local and state wetland and stormwater codes, manual, and permits; and (G) Modifications will require permits. Existing functions and values that are lost would have to be compensated/replaced through an approved mitigation plan. (9) Setbacks From Buffers. Buildings and structures must be set back a minimum distance of 15 feet, while paving and other hard surfacing must be set back a minimum distance of 10 feet from the edge of the wetland buffer, or edge of the wetland if no buffer is required, unless otherwise determined by the decision-maker that a smaller distance would meet the intent of this subsection. This setback is to avoid conflicts with tree branches and/or critical root zones of trees that are in the buffer or will be planted in the buffer. The following may be allowed in the building setback from the buffer if they do not cause damage to the critical root zone of the trees in the buffer: (A) Landscaping; (B) Uncovered decks, roof eaves and overhangs, unroofed stairways and steps; (C) Pervious ground surfaces, such as driveways, patios, and parking may be allowed; provided, that it is engineered as a permeable pavement system as defined in this chapter. Such improvements may be subject to the requirements in AMC Title 13. (10) Functionally Separated and Isolated Buffers. Consistent with the definition of “buffer” in this chapter, areas that are functionally isolated and physically separated from a wetland due to existing, legally established roadways, railroads or other legally established structures or paved areas eight feet or more in width that occur between the area in question, and the wetland must be considered physically isolated and functionally separated buffer. One determined by the Director, based on a submitted critical area report; to be a physically separated and functionally isolated wetland buffer, development proposals are allowed in these areas. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 41 Revised September 2025 20.93.560 Critical Area Report Additional Requirements. (a) Additional Report Contents for Wetlands. In addition to the minimum report contents required per AMC Critical area reports, wetland reports must also include: (1) For each wetland identified on site and off site within 300 feet of the project site provide: the wetland rating, including a description of and score for each function, per wetland ratings (AMC 20.93.510); required buffers (AMC 20.93.550); hydrogeomorphic classification; wetland acreage based on a professional survey from the field delineation (acreages for on-site portion and entire wetland area including off-site portions); Cowardin classification of vegetation communities; habitat elements; soil conditions based on site assessment and/or soil survey information; and to the extent possible, hydrologic information such as location and condition of inlets/outlets (if they can be legally accessed), estimated water depths within the wetland, and estimated hydroperiod patterns based on visual cues (e.g., algal mats, drift lines, flood debris, etc.). Provide acreage estimates, classifications, and ratings based on entire wetland complexes, not only the portion present on the proposed project site; (2) A discussion of the potential impacts to the wetland(s) associated with anticipated hydroperiod alterations from the project; (3) A description of the proposed actions, including an estimation of acreages of impacts to wetlands and buffers based on the field delineation and survey and an analysis of site development alternatives, including a no-development alternative; (4) An assessment of the probable cumulative impacts to the wetlands and buffers resulting from the proposed development; (5) A description of reasonable efforts made to apply mitigation sequencing pursuant to AMC 20.93.430(a)(1) Mitigation Requirements, to avoid, minimize, and mitigate impacts to critical areas and a discussion of measures, including avoidance, minimization, and compensation, proposed to preserve existing wetlands and restore any wetlands that were degraded prior to the current proposed land-use activity; (6) A conservation strategy for habitat and native vegetation that addresses methods to protect and enhance on-site habitat and wetland functions; and (7) An evaluation of the functions of the wetland and adjacent buffer. Include reference for the method used and data sheets. (b) Additional Information. When appropriate due to the proposed impacts or the project area conditions, the Director may also require the critical area report to include: (1) A request for consultation with the Washington Department of Fish and Wildlife (WDFW), Washington State Department of Ecology (Ecology), local Native American tribes, and/or other appropriate agency; (2) Copies of the Joint Aquatic Resource Permit Application (JARPA) and related approvals, such as a Hydraulic Project Approval (HPA) from the Washington Department of Fish and Wildlife (WDFW), when applicable to the project; and (3) Detailed surface and subsurface hydrologic features both on and adjacent to the site. 20.93.570 Compensatory Mitigation Performance Standards and Requirements (a) Compensatory Mitigation Plan. When a project involves wetland and/or buffer impacts, a compensatory mitigation plan must be included as part of the required critical area report. Compensatory wetland mitigation plans must meet the minimum requirements of AMC 20.93.430(a), Mitigation Requirements, and demonstrate compliance with AMC 20.93.430(b), Mitigation plan requirements. Full guidance can be found in Wetland Mitigation in Washington State: Part 2 - Developing Mitigation Plans (Version 2.0) (Ecology Publication No. 23-06-009 or as revised and approved by Ecology). The mitigation plan must meet the following additional standards: Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 42 Revised September 2025 (1) Description of the existing wetland and buffer areas proposed to be impacted. Include acreage (or square footage), water regime, vegetation, soils, landscape position, surrounding land uses, and functions. Also describe impacts in terms of acreage by Cowardin classification, hydrogeomorphic classification, and wetland rating, based on wetland ratings (AMC 20.93.510); (2) Description of the compensatory mitigation site, including location and rationale for selection. Include an assessment of existing conditions: acreage (or square footage) of wetlands and uplands, water regime, sources of water, vegetation, soils, landscape position, surrounding land uses, and functions. Estimate future conditions in this location if the compensation actions are not undertaken (i.e., how would this site progress through natural succession); (3) A description of the proposed actions for compensation of wetland and upland areas affected by the project. Include overall goals of the proposed mitigation, including a description of the targeted functions, hydrogeomorphic classification, categories of wetlands, and mitigation ratios applied (if ratio approach used); (4) A description of the proposed mitigation construction activities, construction/installation notes, and timing of activities; (5) A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs (for remaining wetlands and compensatory mitigation wetlands); (6) Proof of establishment of notice on title for the wetlands and buffers on the project site, including the compensatory mitigation areas; and (7) The scaled plan sheets for the compensatory mitigation must contain, at a minimum: (A) An accurate depiction of the existing wetland and buffers, proposed areas of wetland and/or buffer impacts, location of proposed wetland and/or buffer compensation actions; (B) Existing topography, ground-proofed, at two-foot contour intervals in the zone of the proposed compensation actions if any grading activity is proposed to create the compensation area(s). Also, existing cross-sections of on-site wetland areas that are proposed to be impacted and cross-section(s) (estimated one-foot intervals) for the proposed areas of wetland or buffer compensation; (C) Surface and subsurface hydrologic conditions, including an analysis of existing and proposed hydrologic regimes for enhanced, created, or restored compensatory mitigation areas. Also, illustrations of how data for existing hydrologic conditions were used to determine the estimates of future hydrologic conditions; (D) Conditions expected from the proposed actions on site, including future hydrogeomorphic types, vegetation community types by dominant species (wetland and upland), and future water regimes; (E) Required wetland buffers for existing wetlands and proposed compensation areas. Also, identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this chapter; (F) A plant schedule for the compensation area, including all species by proposed community type and water regime, size and type of plant material to be installed, spacing of plants, typical clustering patterns, typical plant installation details and notes, total number of each species by community type, timing of installation; and (G) Performance standards (measurable standards reflective of years post-installation) for upland and wetland communities, monitoring plan, contingency plan, and maintenance schedule, and actions. Standards for success must be established based on the performance standards identified and the functions and values being mitigated based on the guidance in Wetland Mitigation in Washington State: Part 2 - Developing Mitigation Plans (Version 2.0) (Ecology Publication #23-06-009 or as revised and approved by Ecology). Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 43 Revised September 2025 (b) Requirements for Compensatory Mitigation. (1) Compensatory mitigation for alterations to wetlands may be used only for impacts that cannot be avoided or minimized, except as otherwise exempted in AMC 20.93.540, Specific Wetland Category Development Standards, and must achieve equivalent or greater biologic functions. Compensatory mitigation plans must be consistent with Wetland Mitigation in Washington State: Part 2 - Developing Mitigation Plans (Version 2) (Ecology Publication #23-06-009 or as revised and approved by Ecology). (2) Mitigation ratios must be consistent with subsection (j) of this section. (3) Mitigation requirements may also be determined using the credit/debit tool described in "Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report, March 2012" (Ecology Publication No. 10-06-011, March 2012, or as revised) consistent with subsection (h) of this section. (c) Compensating for Lost or Impacted Wetland Functions. Compensatory mitigation must address the functions and values affected by the proposed project, with an intention to achieve functional equivalency or improvement of functions and values. The goal for the compensatory mitigation must be to provide similar wetland functions and values as those lost, except when either: (1) The lost wetland provides minimal functions and values, and the proposed compensatory mitigation action(s) will provide equal or greater functions and values or will provide functions and values shown to be limited within a watershed through a formal Washington State watershed assessment plan or protocol; or (2) Out-of-kind replacement of wetland type or functions and values will best meet watershed goals formally identified by the city, such as replacement of historically diminished wetland types. (d) Preference of Mitigation Actions. Methods to achieve compensation for wetland functions and values must be approached in the following order of preference: (1) Restoration. The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former or degraded wetland. Restoration of wetlands includes reestablishment and rehabilitation. (A) Reestablishment. Returning natural or historic functions to a former wetland. Reestablishment results in a gain in wetland acres (and functions). Activities could include removing fill material, plugging ditches, or breaking drain tiles. (B) Rehabilitation. Repairing natural or historic functions of a degraded wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. Activities could involve breaching a dike to reconnect wetlands to a floodplain or returning tidal influence on a wetland. (2) Creation. Creation (establishment) of wetlands on disturbed upland sites, such as those with vegetative cover consisting primarily of nonnative species. This should be attempted only when there is an adequate source of water, and it can be shown that the surface and subsurface hydrologic regime is conducive to the wetland community that is anticipated in the design. (3) Preservation. Preservation of high-quality, at-risk wetlands as compensation is generally acceptable when done in combination with restoration, creation, or enhancement; provided, that a minimum of one-to-one acreage replacement is provided by reestablishment or creation. Preservation of high-quality, at-risk wetlands and habitat may be considered as the sole means of compensation for wetland impacts when the following criteria are met (A) Proposed wetland impacts will not have a significant adverse impact on habitat for listed fish, or other Endangered Species Act (ESA) listed species; (B) There is no net loss of habitat functions within the watershed or basin; (C) Mitigation ratios for preservation as the sole means of mitigation must generally start at 20- to-one. Specific ratios should depend upon the significance of the preservation project and the quality of the wetland resources lost; Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 44 Revised September 2025 (D) The impact area is small (generally less than one-half acre) and/or impacts are occurring to a low- functioning system (Category Ill or IV wetland); and (E) All preservation sites must include buffer areas adequate to protect the habitat and its functions from encroachment and degradation. (4) Enhancement. Enhancement of significantly degraded wetlands in combination with restoration or creation. Enhancement alone will result in a loss of wetland acreage and is less effective at replacing the functions and values lost. Enhancement should be part of a mitigation package that includes replacing the impacted area and meeting appropriate ratio requirements. (5) Wetland Bank or Advanced Wetland Mitigation. For future use since no current banks have a service area in Arlington. (e) Type and Location of Compensatory Mitigation. Unless it is demonstrated that a higher level of ecological functioning would result from an alternative mitigation approach, compensatory mitigation for ecological functions should be either in-kind and on site, or in-kind and within the same stream reach, sub-basin, or drift cell (if estuarine wetlands are impacted). Compensatory mitigation actions must be conducted within the same sub- basin or on the site of the alteration, except when the following apply: (1) The conditions in subsection (b) of this section are met. (2) There are no reasonable opportunities on site or within the sub-basin (e.g., on-site options would require elimination of high-functioning upland habitat), or opportunities on site or within the sub-basin do not have a high likelihood of success based on a determination of the capacity of the site to compensate for the impacts. Considerations should include: (A) Anticipated replacement ratios for wetland mitigation; (B) Buffer conditions and proposed widths; (C) Water available to maintain anticipated hydrogeomorphic classes of wetlands when restored; (D) Proposed flood storage capacity, and potential to mitigate riparian fish and wildlife impacts (such as connectivity); (E) Off-site mitigation has a greater likelihood of providing equal or improved wetland functions than the impacted wetland; (F) Off-site locations must be in the same sub-basin, unless watershed goals for water quality, flood storage or conveyance, habitat, or other wetland functions have been established by the city and strongly justify location of mitigation at another site; and (G) The design for the compensatory mitigation project needs to be appropriate for its location (i.e., position in the landscape). Therefore, compensatory mitigation should not result in the creation, restoration, or enhancement of an atypical wetland. An atypical wetland refers to a compensation wetland (e.g., created or enhanced) that does not match the type of existing wetland that would be found in the geomorphic setting of the site (i.e., the water source(s) and hydroperiod proposed for the mitigation site are not typical for the geomorphic setting). Likewise, it should not provide exaggerated morphology or require a berm or other engineered structures to hold back water. For example, excavating a permanently inundated pond in an existing, seasonally saturated or inundated wetland is one example of an enhancement project that could result in an atypical wetland. Another example would be excavating depressions in an existing wetland on a slope, which would require the construction of berms to hold the water. (f) Wetland Mitigation Banks. Credits from a wetland mitigation bank certified under Chapter 173-700 WAC may be used to compensate for impacts located within the service area specified in the mitigation bank instrument, if: (1) The proposal would provide appropriate compensation for the proposed impacts; (2) The impact site is located in the service area of the bank; (3) The proposed use of credits is consistent with the terms and conditions of the certified mitigation bank instrument; and Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 45 Revised September 2025 (4) Replacement ratios using bank credits are consistent with replacement ratios specified in the certified mitigation bank instrument. (g) In-Lieu Fee Mitigation. Credits from an approved in-lieu fee (ILF) program may be used when all of the following apply: (1) The decision-maker determines that it would provide environmentally appropriate compensation for the proposed impacts. (2) The proposed use of credits is consistent with the terms and conditions of the approved ILF program instrument. (3) Projects using ILF credits must have debits associated with the proposed impacts calculated by the applicant's qualified wetland professional using the credit assessment method specified in the approved instrument for the ILF program. (4) The impacts are located within the service area specified in the approved ILF instrument. (h) Permittee-Responsible Mitigation. This type of mitigation is defined in 33 CFR 332 as "an aquatic resource restoration, establishment, enhancement and/or preservation activity undertaken by the permittee (or an authorized agent or contractor) to provide compensatory mitigation for which the permittee retains full responsibility." The permittee performs the mitigation either before the project impact occurs and before any project impact permit is issued (advance permittee-responsible mitigation) or at the same time as the project impact is occurring after the project impact permit is issued (concurrent permittee-responsible mitigation). The permittee is ultimately responsible for implementation and success of the mitigation. For advance mitigation, the permittee generates mitigation credits that may be used to compensate for future wetland or buffer impacts. Only the permittee may use the advance mitigation credits. Permittee-responsible mitigation may occur at the site of the permitted impacts or at an off-site location within the same watershed. Permittee- responsible mitigation must be used only if the applicant's qualified wetland professional demonstrates to the decision-maker's satisfaction that the proposed approach is ecologically preferable to use of a bank or ILF program, consistent with the criteria in this section. (i) Alternative Mitigation Plan. The decision-maker may approve an alternative wetland mitigation plan that is based on best available science. Proposed alternative mitigation plans must provide an equivalent or better level of protection of wetland functions and values than would be provided by the strict application of this chapter. (1) The following will be considered in the approval of an alternative mitigation plan: (A) The plan uses a watershed approach consistent with "Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington)" (Ecology Publication No. 09-06-032, Olympia, WA, December 2009). (B) Creation or enhancement of a larger system of natural areas and open space is preferable to the preservation of many individual small habitat areas. (C) Mitigation according to subsection (d) of this section is not feasible due to site constraints including but not limited to parcel size, stream type, wetland category, or geologically hazardous areas. (D) There is a clear potential for success of the proposed compensation at the identified site. (E) The plan must contain clear and measurable standards for achieving compliance with the specific provisions of the plan, consistent with AMC 20.93.430, Mitigation Plan Requirements. (F) The plan must be reviewed and approved as part of the overall approval of the proposed use. (G) A wetland of a different type may be justified based on regional needs or functions and values; the replacement ratios may not be reduced or eliminated unless the reduction results in a preferred environmental alternative. (H) Mitigation guarantees must meet the minimum requirements as outlined in AMC 20.93.470, Financial Guarantee Requirements. (I) Qualified professionals in each of the critical areas addressed must prepare the plan. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 46 Revised September 2025 (J) The city may consult with agencies with expertise and jurisdiction over the critical areas during the review to assist with analysis and identification of appropriate performance measures that adequately safeguard critical areas. (j) Wetland Mitigation Ratios. The ratios below assume that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. Table 20.93.550-7: Wetland Mitigation Ratios Category of Impacted Wetland Reestablishment or Creation Rehabilitation Preservation Enhancement Category I Forested 6:1 12:1 24:1 24:1 Bogs NA NA 24:1 NA Wetlands of High Conservation Value Consult with DNR Consult with DNR 24:1 Consult with DNR Category I Interdunal Wetlands 4:1 8:1 (limited circumstances) 16:1 Not Considered an Option Category II Interdunal Wetlands 2:1 4:1 (limited circumstances) 8:1 Not Considered an Option Category III and IV Interdunal Wetlands 1.5:1 3:1 (limited circumstances) 6:1 Not Considered an Option (k) Buffer Mitigation Ratios. Impacts to buffers must be mitigated at a one-to-one ratio. Compensatory buffer mitigation must replace those buffer functions lost from development. (l) Mitigation Performance Standards. Wetland mitigation plans must be consistent with AMC 20.93.430 Mitigation and Mitigation Plan Requirements, and "Wetland Mitigation in Washington State: Part 1 - Agency Policies and Guidance" (Version 2.0, Publication #23-06-009), or as revised and approved by Ecology. (m) Minimum Standards. The design standards in this section must be incorporated into mitigation plans submitted to the city for impacts to wetlands and/or wetland buffers. The following standards apply to any mitigation proposed within Category I, 11, Ill and IV wetlands and their buffers. Modifications to these design standards consistent with the guidance in "Wetland Mitigation in Washington State: Part 2 - Developing Mitigation Plans (Version 2.0)" (Ecology Publication #23-06- 009, or as revised and approved by Ecology) may be considered for approval by the decision-maker as alternatives to the following standards: Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 47 Revised September 2025 (1) Plants native to the region (not introduced, nonnative or exotic species) must be used. (2) Plant species selection must be consistent with the existing or projected hydrologic regime, including base water levels and stormwater event fluctuations. (3) Plant species selection must be consistent with the site environmental conditions such as slope, aspect, soils and exposure to sun, wind and rain. (4) Plants should be commercially available or available from local sources. (5) Native plant species high in food and cover value for fish and wildlife should be prioritized as appropriate for the site. (6) Plant selection must be approved by a qualified professional. (7) The following standards apply to wetland design and construction: (A) For wetland creation sites, preliminary investigations of existing hydrology at the site must be completed to confirm that the site has adequate source hydrology (e.g., high groundwater, precipitation or riverine flooding) to support wetland conditions. (B) Water depth in areas of seasonal or occasional inundation must not exceed three feet (0.914 meters), unless the proposed mitigation is compensating for impacts to unvegetated/open water areas. (C) If creating or rehabilitating a slope wetland, the grade or slope within the wetland must not exceed six percent, unless otherwise approved by the decision-maker. (D) Slopes within the wetland contributing basin and the buffer zone must not be steeper than three-to-one (horizontal to vertical). (E) The wetland (excluding the buffer area) should not contain more than 20 percent unvegetated/open water areas as measured at the seasonal high water mark, unless the mitigation is compensating for vegetation. (F) Site soils must be free of contamination and/or hazardous materials and must have adequate organic content and porosity to support the proposed native plant community. (G) Planting densities and placement of plants should be determined by a qualified professional and shown on the design plans. (8) The planting plan must be approved by the city. (9) Stockpiling soil and construction materials should be confined to upland areas and contract specifications should limit stockpiling of earthen materials to durations in accordance with city clearing and grading standards, unless otherwise approved by the city. (10) Planting instructions must be submitted which describe placement, diversity, and spacing of seeds, tubers, bulbs, rhizomes, sprigs, plugs, and transplanted stock. (11) Controlled release fertilizer (if required) must be used in upland areas only (buffers and other non- wetland areas) and must be installed into the planting hole only at the time of planting. No fertilizer must be applied to the ground surface. (12) An irrigation system must be installed or watering afforded by trucks or hoses to provide water for installed plants and seeded areas to supplement rainfall to ensure that plants receive approximately one-half inch of water per week during the dry season of the first two years after plant installation. (13) All construction specifications and methods must be approved by a qualified professional and the city. (14) Construction management provided must be provided by a qualified professional. Ongoing work on site must be inspected by the city. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 48 Revised September 2025 Part VI. – Fish and Wildlife Habitat Conservation Areas (FWHCAs), including Streams, Creeks, Rivers, Lakes, Other Surface Water 20.93.600 Description and Purpose. (a) Fish and wildlife habitat conservation areas are lands managed for maintaining populations of species in suitable habitats within their natural geographic distribution so that the habitat available is sufficient to support viable populations over the long term and isolated subpopulations are not created. In addition to their intrinsic value, certain species of fish and wildlife represent important historic, cultural, recreational and economic resources. (b) It is the purpose of this chapter to protect fish and wildlife populations and their associated habitats and provide special consideration to conservation or protection measures necessary to preserve or enhance anadromous species. 20.93.610 Designation. (a) FWHCAs are designated as follows: (1) Naturally occurring ponds under 20 acres with submerged aquatic beds that provide fish or wildlife habitat as further defined in WAC 365-190-130(4)(e); (2) Riparian management zones as defined in AMC 20.93.640 and waters of the state, including but not limited to the Stillaguamish River, South Fork Stillaguamish River, South Slough, Portage Creek, Prairie Creek, Krueger Creek, Eagle Creek, Edgecomb Creek, Hayho Creek, and March Creek; (3) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; (4) Areas with which anadromous fish species have a primary association; (5) State natural area preserves natural resource conservation areas, and state wildlife areas as established by Washington State Department of Natural Resources; (6) Areas of rare plant species and high-quality ecosystems as identified by the Washington State Department of Natural Resources through the Natural Heritage Program in Chapter 79.70 RCW; (7) State priority habitats and areas associated with state priority species defined and listed by the Washington Department of Fish and Wildlife in the Priority Habitats and Species List, most recently updated edition. Priority habitats and species known to be identified and mapped by WDFW (https://geodataservices.wdfw.wa.gov/hp/phs) in Arlington include, but may not be limited to, the following: (A) Biodiversity areas; (B) Aquatic Habitat areas; (C) Swan Species/Swan Winter Feeding Sites; (D) Bald eagle habitat protected pursuant to the Federal Bald Eagle Protection Act; (E) Steelhead Trout; (F) Chum Salmon; (G) Pink Salmon; (H) Chinook Salmon; (I) Rainbow Trout; (J) Sockeye Salmon; (K) Coho Salmon; (L) Cutthroat Trout; (M) Dolly Varden / Bull Trout. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 49 Revised September 2025 20.93.620 Mapping. (a) Mapping. The following maps and inventories are hereby adopted by reference, as amended: (1) Washington Department of Fish and Wildlife Priority Habitat and Species Map; (2) Washington Geological Survey, Official Water Type Reference Maps; (3) Washington Geological Survey, Natural Heritage Program Mapping Data; (4) Anadromous and resident fish distribution maps contained in the habitat limiting factors reports published by the Washington Conservation Commission and others; (5) Washington Geological Survey, Natural Area Preserves and Natural Resource Conservation Area Maps; and (6) NOAA Northwest Region Critical Habitat Mapper. (b) Reference Only. The maps and resources cited above are to be used as a guide for the city of Arlington Community and Economic Development Department, project applicants, and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. 20.93.630 General Development Standards for all FWHCAs. (a) All new development activities and uses are prohibited from fish and wildlife habitat conservation areas and their buffers except in accordance with this chapter unless within shoreline jurisdiction and hereby regulated by the city of Arlington Shoreline Master Program. Alteration of FWHCAs or their buffers is prohibited except as otherwise allowed by this chapter and may occur only if the proposed alteration of the habitat and any associated mitigation proposed does not degrade the functions and values of the habitat. (b) Exemptions. Exemptions to this chapter are listed in the provisions established in AMC 20.93.350, Exempt Activities. (c) Approvals and the Best Available Science. Any approval of alterations or impacts to an FWHCA area must be supported by the best available science as described in the required critical area report. (d) Approvals of Activities May Be Conditioned. The decision-maker may condition approvals of activities allowed within or adjacent to a fish and wildlife habitat conservation area as necessary to minimize or mitigate any potential adverse impacts. Conditions will be based on the best available science and may include, but are not limited to, the following: (1) Establishment of buffers; (2) Preservation of important vegetation and/or habitat features such as snags and downed wood specific to the priority wildlife species in the fish and wildlife habitat conservation area; (3) Limitation of access to the habitat area, including fencing to deter unauthorized access; (4) Seasonal restriction of construction activities; (5) Establishment of a duration and timetable for periodic review of mitigation activities; and (6) Requirement of a performance bond, when necessary, to ensure completion and success of proposed mitigation. (e) Seasonal Restrictions. When a species is more susceptible to adverse impacts during specific periods of the year, seasonal restrictions may apply. Larger buffers may be required, and activities may be further restricted during the specified season. (f) Subdivisions. The subdivision and short subdivision of land in FWHCAs and associated buffers is subject to the following: (1) Land that is located wholly within an FWHCA or its buffer may not be subdivided; (2) Land that is located partially within an FWHCA may be subdivided only if an accessible and contiguous portion of each new lot that meets the minimum lot size requirements for the zone is located outside of the FWHCA and its buffer; Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 50 Revised September 2025 (3) Access roads and utilities serving a proposed subdivision may be permitted within the FWHCA and associated buffers only if the applicant's qualified professional(s) demonstrate, and the decision-maker determines, that no other feasible alternative exists, all unavoidable impacts are fully mitigated, and the use is consistent with this chapter; (4) This subsection does not authorize new access roads and utilities in FWHCAs and associated buffers for existing subdivisions. 20.93.640 Specific Standards for Riparian Management Zones. (a) A riparian management zone (RMZ) is a critical area; specifically, it is a type of fish and wildlife habitat conservation area. A project site’s RMZ is associated with each aquatic species upstream and downstream from the project site. (1) The RMZ consists of a watercourse and the area adjacent to the watercourse that has the potential to provide full riparian ecosystem functions for bank stability, shade, pollution removal, contributions of detrital nutrients, recruitment of large woody debris, and wildlife habitat. The width of the RMZ is the height of the tallest 200-year-old Site-Potential Tree (SPTH200) or 100 feet, whichever is greater, measured horizontally. The RMZ is measured from whichever of the following features is furthest from the center of the watercourse: (a) the ordinary high-water mark, (b) the top of bank, or (c) the outer edge of the channel migration zone (if one exists). In watercourses with braided channels or alluvial fans, the ordinary high-water mark will include the entire stream feature. The RMZ may exceed the 200-year-old site-potential tree height based on subsection (a)(3) of this section. (2) When a pipe or culvert that has known or potential fish habitat downstream and upstream from the pipe or culvert is daylighted, the watercourse formerly in the pipe or culvert will be regulated as a riparian watercourse, and the area adjacent to that watercourse will be regulated as a riparian management zone, as defined in subsection (a)(1) of this section. This section does not apply when the pipe or culvert is removed to provide a publicly owned facility designed primarily for water quality treatment, flow control, or stormwater conveyance. (3) Activities that may impact a RMZ must provide a critical areas report prepared by a qualified professional describing the functions and values of the RMZ. The report must include the 200- year-old Site- Potential Tree Height (SPTH200) as determined by WDFW at: https://gispublic.dfw.wa.gov/arcgis/rest/services/SPTH/SitePotentialTreeHeightPublic/MapServ er. If SPTH200 was also calculated using site-scale data, that information must also be included. The report must describe the inner measurement point (e.g., ordinary high-water mark) and the extent of the RMZ with sufficient detail to allow field delineation. The report must demonstrate that the project will result in no net loss of the ecosystem functions for the RMZ and associated species. Required Buffer Width Methodology Required Buffer Width Minimum Buffer SPTH200 Varies by Tree Height 100 feet Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 51 Revised September 2025 Figure 20.93.640-1: Riparian Management Zone (RMZ) Delineation Source: Washington Department of Fish and Wildlife, Riparian Ecosystems, Volume 2: Management Recommendations. Figure 1: Aerial view of variable width RMZ delineation process for forested (A) and dryland (B) systems. • Step 1: Identify the SPTH or full extent of the riparian vegetative community (green); • Step 2: Overlay the 100-foot pollution removal distance (yellow); • Step 3: Delineate the RMZ (black) as the greater of the two distances. (b) Development Standards for Parcels Containing an RMZ. (1) Application of Standards and Regulatory Intent. (A) The provisions of this section apply to all development on parcels containing an RMZ as defined in subsection (a)(1) of this section. (B) It is the long-term goal of the city to restore the city's RMZs and to protect fish passage where scientifically justified. The city has determined that best available science supports protecting these RMZs as described in this section. (2) Watercourse. Development is prohibited within or over the riparian watercourse, except as provided in this subsection. The Director may approve of access over the riparian watercourse, if the applicant demonstrates all of the following: (A) No other access is available. (B) The access is provided by a freestanding structure that maintains the natural channel and floodway of the watercourse. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 52 Revised September 2025 (C) The coverage of the watercourse and disturbance of the RMZ and any other adjacent environmentally critical area or buffer are kept to a minimum. (D) The material used to construct the access is durable and nontoxic to the maximum extent feasible. If using untreated wood is infeasible, wood treated with pentachlorophenol, creosote, chromate copper arsenate, or comparably toxic compounds is prohibited. Treated wood and other material shall be the least toxic and shall be applied and used according to National Oceanic and Atmospheric Administration Fisheries guidelines for using treated wood in or over aquatic environments. (E) In the water course, any action detrimental to habitat or actions affecting trees and vegetation, including but not limited to clearing or removal, is prohibited, except as provided in this subsection (b)(2). (3) Riparian Management Zone. The RMZ is defined in subsection (a)(1) of this section. Existing improved areas of public or private streets/driveways are excluded from the regulations for the RMZ. Development is prohibited in the RMZ, except as follows: (A) To provide the minimum necessary access if no other access is available to development approved under subsection (b)(2)(B) of this section. (B) On existing developed lots and platted lots existing prior to adoption of this Ordinance that satisfies one or more of the provisions within Table 20.93.350-1, Exempt Activities, or Table 20.93.360-1, Permitted Alterations, if the applicant demonstrates that: (i) None of the development occurs within or over the watercourse except as provided in subsection (b)(2) of this section. (ii) The development complies with stormwater flow control and water quality requirements, regardless of whether the project would trigger the requirements based on the thresholds for area of land disturbing activity, size of the addition, or replacement of impervious surfaces provided in the DOE Stormwater Management Manual adopted in AMC Title 13. (iii) Any development, including but not limited to coverage by impervious surface, does not exceed 35 percent of the total lot area, and provided further, that the maximum lot coverage does not exceed that allowed under AMC Chapter 20.48 Density and Dimensional Standards. (iv) When compliance with stormwater flow control and water quality requirements is required solely based on subsection (b)(3)(B)(ii) of this section, the Director may approve a restoration plan in lieu of compliance with subsection (b)(3)(B)(ii) if the applicant demonstrates that the plan meets the following criteria: (a) The watercourse and/or RMZ ecological function will be restored so that it prevents harmful erosion, protects water quality, and provides diverse habitat; and (b) The restoration results in greater protection of the watercourse and RMZ than compliance with subsection (b)(3)(B)(ii) of this section. (C) In the RMZ any action detrimental to habitat and any action affecting trees and vegetation, including but not limited to clearing or removal, are prohibited, except as provided in subsection (b)(3)(A) or (B) of this section. (D) If the RMZ is degraded due to the lack of trees and vegetation, the presence of invasive or nonnative species, and/or the presence of impervious surface or other development, the applicant shall prepare and carry out a restoration plan that restores the ecological function of the RMZ to the extent commensurate with the impact of the development on the RMZ and according to mitigation standards pursuant to AMC 20.93.430, Mitigation and Mitigation Plan Requirements. (E) If the development is authorized per AMC 20.32, Nonconforming Situations. or Table 20.93.350-1, Exemptions, or Table 20.93.360-1, Permitted Alterations, the Director must require that the degraded portion of the RMZ be restored by removing existing nonnative Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 53 Revised September 2025 and invasive plant species, and replanting with native trees and vegetation, and providing a five-year monitoring and maintenance plan consistent with the requirements of AMC based on a critical area restoration plan. (F) Small Project Waiver. The Director may approve fences, rockeries, or similar features or temporary disturbance for installation of utility lines in a RMZ if no construction occurs over, in, or within 15 feet of a watercourse or water body, and if the applicant demonstrates that the proposal meets the following criteria: (i) The feature is constructed on a lot that has been in existence as a legal building site consistent with AMC 20.32, Nonconforming Situations. (ii) The feature: (a) Does not contain floor area; (b) Does not remove trees or native vegetation; (c) Does not block wildlife movement through the riparian management zone; and (d) Mitigates impacts to ecological functions. (iii) The Director's decision must require: (a) The use of fencing with a highly durable protective barrier during the construction to protect the RMZ. (b) Mitigation pursuant to AMC 20.93.430 to offset the area of both temporary and permanent development. (c) Additional measures, as appropriate, to protect the remainder of the RMZ. (c) Functionally Separated and Isolated Riparian Management Zones. Consistent with the definition of "riparian management zone" in this chapter, RMZs are places that potentially provide riparian ecosystem functions. Portions of the RMZ that are functionally isolated and physically separated from a watercourse due to existing, legally established public roadways, railroads or other legally established structures or paved areas eight feet or more in width that occur between the area in question, and the watercourse may be excluded from the RMZ. If such an area provides any of the five primary RMZ functions (bank stability, shade, pollution removal, contributions of detrital nutrients, or recruitment of large woody debris) it will be retained within the RMZ; if it provides none of these functions it may be excluded. The exclusion is only exempt as long as the legally existing structure, roadway, etc. physically exists on the site. After an RMZ is determined by the decision-maker, based on a submitted critical area report, to be physically separated and functionally isolated, the area is no longer considered an RMZ critical area. If the legally existing structure, roadway, etc. that determined the physical separation or isolated area is removed, then the area previously considered separated or isolated would return to the original RMZ designation. (d) Piped Watercourses and Roadside Ditches. It is recognized that within the urban environment many historical streams have been substantially modified to accommodate development. Many of the regulated and mapped watercourses within the city of Arlington pass through natural reaches, modified reaches, piped reaches, and sometimes along manmade roadside ditches. (1) Development along piped watercourses and ditches that do not meet the definition of a watercourse are subject to a 10-foot setback from the centerline of the piped watercourse or ditch and are subject to the recording of a utility easement granted to the city for access and maintenance of the watercourse infrastructure. (A) If the piped watercourses and ditches meet the definition of a watercourse then all regulations of this section shall apply. (2) The voluntary opening and restoration or rehabilitation of a previously channelized, culverted, or piped watercourse is highly encouraged and may be approved by the decision-maker, when the following is demonstrated within a critical area report (A) The restoration will result in a net gain in FWHCA functions, including an improvement in water quality and ecological functioning; Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 54 Revised September 2025 (B) Opened channels must be designed to support fish and wildlife habitat and uninhibited fish access, unless demonstrated to be infeasible; (C) A reduction to the standard riparian management zone is allowed to a minimum of 25 feet, or as recommended by a qualified professional in the critical area report. Measured from the Ordinary High-Water Mark (OHWM) and which includes habitat improvements, and measures to prevent erosion, landslide and water quality impacts; (D) The proposal will not significantly increase the threat of erosion, flooding, slope stability or other hazards on the site or on adjacent properties; (E) The proposal must demonstrate that the conveyance will maintain the flow capacity and not create flooding elsewhere in the drainage basin. (e) Riparian Management Zone Enhancement Measures. Only those enhancement measures deemed most applicable and/or appropriate for RMZ enhancement projects will be considered in a RMZ modification proposal and must be supported by best available science and a critical area report. These include, but are not limited to: (1) Removal of fish barriers to restore accessibility to fish; (2) Removal of all invasive plants (hand removal only); (3) Enhancement of fish habitat using log structures incorporated as part of a fish habitat enhancement plan; (4) Enhancement of fish and wildlife habitat structures that are likely to be used by wildlife, including wood duck houses, bat boxes, nesting platforms, snags, rootwads/stumps, birdhouses, and heron nesting areas; (5) Planting native vegetation within the buffer area, especially vegetation that would increase value for fish and wildlife, increase stream bank or slope stability, improve water quality, or provide aesthetic/recreational value; or (6) Creation of a surface channel where a watercourse was previously underground, in a culvert or pipe. Surface channels which are "daylighted" must be located within a riparian management zone and must be designed with energy dissipating functions or channel roughness features such as meanders and rootwads to reduce future bank failures or nearby flooding; (7) Removal or modification of existing stream culverts (such as road crossings) to improve fish passage, stream habitat, and flow capacities; or (8) Upgrading of retention/detention facilities or other stormwater management facilities beyond required levels. 20.93.650 Specific Standards for Other FWHCAs. (a) Endangered, Threatened, and Sensitive Species. Fish and wildlife habitat conservation areas or buffers with which state or federally endangered, threatened, or sensitive species or anadromous fish species have a primary association are subject to the following: (1) No development is allowed within a fish and wildlife habitat conservation area or buffer with which state or federally endangered, threatened, or sensitive species have a primary association, except that which is provided for by a management plan established by the Washington Department of Fish and Wildlife or applicable state or federal agency. (2) Whenever activities are proposed adjacent to a fish and wildlife habitat conservation area with which state or federally endangered, threatened, or sensitive species have a primary association, such area must be protected through the application of protection measures in accordance with a critical area report prepared by a qualified professional and approved by the city. Approval for alteration of the fish and wildlife habitat conservation area or its buffer may not occur prior to consultation with the Washington Department of Fish and Wildlife for animal species, the Washington State Department of Natural Resources for plant species, and other appropriate federal or state agencies. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 55 Revised September 2025 (b) Other Priority Habitats and Species. Fish and wildlife habitat conservation areas or buffers with species that are not state or federally listed as endangered, threatened, or sensitive species, and are not anadromous fish species are subject to the following: (1) Development activities and uses that result in unavoidable impacts are prohibited except as otherwise allowed by this chapter and may occur in priority species habitat areas and associated buffers only if the proposed alteration of the habitat does not degrade the functions and values of the habitat in accordance with an approved critical area report with habitat assessment/management plan, and only if the proposed activity is the only reasonable alternative that will accomplish the applicant's objectives. Full compensation for the loss of acreage and functions of habitat and buffer areas must be provided in compliance with the mitigation performance standards and requirements of these regulations. (c) Required Buffer for Non-RMZ FWHCAs. (1) Non-RMZ FWHCA Buffers. Buffers from fish and wildlife habitat conservation areas must be established to protect the functions and values of the critical area from the impacts of proposed adjacent activities. (A) Buffer widths for fish and wildlife habitat areas must be based on consideration of the following factors: species-specific recommendations of the Washington Department of Fish and Wildlife; recommendations contained in a habitat management plan submitted by a qualified professional; and the nature and intensity of land uses and activities occurring on the land adjacent to the site. Buffers must: (i) Consist of an undisturbed area of native vegetation, or areas identified for restoration, sufficient to protect the integrity, functions, and values of the affected habitat; (ii) Reflect the sensitivity of the habitat and the type and intensity of human activity proposed to be conducted nearby; (iii) Be consistent with the applicable species-specific management recommendations issued by the Washington Department of Fish and Wildlife. (B) Nesting bald eagles and bald eagle habitats must be protected consistent with the U.S. Fish and Wildlife Service (USFWS) national bald eagle management guidelines, or the state or federal regulations in place at the time of application. Whenever activities are proposed adjacent to a confirmed nest territory or communal roost, a bald eagle habitat management plan must be developed by a qualified professional. Activities are adjacent to managed bald eagle sites when they are within 660 feet of a nest or within one-half mile (2,640 feet) of a shoreline foraging area. Approval of the activity must not occur prior to consultation with the state or federal agency with authority on bald eagle pairs and their nest. (C) Swan Winter Feeding Sites. Swan winter feeding sites must be protected consistently with Washington Department of Fish and Wildlife regulations and/or guidance. 20.93.660 Stormwater Management Facilities. Establishment of low-impact stormwater management facilities, such as stormwater dispersion outfalls and bioswales, may be allowed within fish and wildlife habitat conservation area buffers consistent with the adopted stormwater manual; provided, that: (a) No other location is feasible; and (b) There will be "no net loss" of functions and values of the fish and wildlife habitat conservation area; and (c) The critical area lies in the natural routing of the runoff, and discharge follows the natural routing; and (d) Stormwater dispersion outfalls, bioswales, bioretention facilities, and other low-impact facilities consistent with the adopted stormwater manual may be allowed within the outer 25 percent of the Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 56 Revised September 2025 riparian management zone when determined by a qualified professional that the location of the facilities will enhance the riparian management zone and protect the watercourse; and (e) Such facilities are designed consistently with the requirements of AMC Title 13. 20.93.670 Critical Area Report Additional Requirements. (a) Additional Report Contents for FWHCAs. In addition to the minimum report contents required per AMC 20.93.410, Critical Area Report, FWHCA reports must also include: (1) Documentation of any fieldwork performed on the site, including field data sheets for delineations, water typing and other habitat conservation area classification, baseline hydrologic data, site photos, etc.; (2) A description of the methodologies used to conduct the delineations, classifications, or impact analyses, including references; (3) A discussion of the potential impacts to the critical area or buffer associated with the proposed development including an assessment of cumulative impacts. (b) Habitat Assessment/Management Plan. A habitat assessment/management plan is an investigation of the project area to evaluate the potential presence or absence of designated critical fish or wildlife species or habitat. A critical area report for a fish and wildlife habitat conservation area must contain an assessment of habitats including the following site- and proposal-related information at a minimum: (1) Detailed description of vegetation on and adjacent to the project area and its associated buffer; (2) Identification of any species of local importance, priority species, or endangered, threatened, sensitive, or candidate species that have a primary association with habitat on or adjacent to the project area, and assessment of potential project impacts to the use of the site by the species; (3) A discussion of any federal, state, or local special management recommendations, including Washington Department of Fish and Wildlife habitat management recommendations, that have been developed for species or habitats located on or adjacent to the project area; (4) A detailed discussion of the direct and indirect potential impacts on habitat by the project, including potential impacts to water quality; (5) A discussion of measures, including avoidance, minimization, and mitigation, proposed to preserve existing habitats and restore any habitat that was degraded prior to the current proposed land use activity and to be conducted in accordance with AMC 20.93.430, Mitigation and Mitigation Plan R equirements; (6) A discussion of ongoing management practices that will protect habitat after the project site has been developed, including proposed monitoring and maintenance programs. (c) Additional Technical Information Requirements for RMZs. If no project impacts are anticipated and standard riparian management zone widths are retained, a RMZ delineation report, general critical area report or other reports, alone or in combination, may be submitted as consistent with the specific requirements of this section. In addition to the general critical area report requirements for fish and wildlife habitat conservation areas provided in subsections (a) through (d) of this section, technical information on RMZs must include the following information at a minimum: (1) A written assessment and accompanying maps of the stream and associated hydrologic features on and off site within 300 feet of the project area, including the following information at a minimum: (A) RMZ survey showing the field delineated ordinary high water mark(s); (B) Standard RMZ boundary as determined by AMC 20.93.640, Specific Standards for Riparian Management Zones; (C) Vegetative, faunal, and hydrologic characteristics; (D) Soil and substrate conditions; and (E) Topographic elevations at two-foot contours. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 57 Revised September 2025 (2) A detailed description and functional assessment of the watercourse channel and riparian management zone under existing conditions pertaining to the protection of the RMZ functions, fish habitat and, in particular, potential anadromous fisheries; (3) A habitat and native vegetation conservation strategy that addresses methods to protect and enhance on-site habitat and RMZ functions; (4) Proposed RMZ enhancement, if needed, including a written assessment and accompanying maps and planting plans for RMZ areas to be enhanced, including the following information at a minimum: (A) A description of existing RMZ conditions; (B) A description of proposed RMZ conditions and how proposed conditions will increase RMZ functions in terms of RMZ and fish habitat protection; (C) Performance standards for measuring enhancement success through a monitoring period of at least five years; (D) Provisions for monitoring and submission of monitoring reports documenting RMZ conditions, as compared to performance standards, for enhancement success; and (E) A discussion of ongoing management practices that will protect RMZ functions and habitat value through maintenance of vegetation density within the RMZ. (d) Additional FWHCA Information. When appropriate, due to the type of habitat or species present, or the project area conditions, the decision-maker may also require the critical area report to include: (1) A request for consultation with the Washington Department of Fish and Wildlife (WDFW), Washington Department of Ecology (Ecology), local Native American tribes or other appropriate agency; (2) Copies of the joint aquatic resource permit application (JARPA) and related approvals, such as a hydraulic project approval (HPA) from the WDFW, when applicable to the project; and (3) Detailed surface and subsurface hydrologic features both on and adjacent to the site. 20.93.680 Mitigation Performance Standards and Requirements. Compensatory mitigation for FWHCAs must follow the plan requirements described under AMC 20.93.430 Mitigation and Mitigation Plan Requirements. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 58 Revised September 2025 Part VII. Geologically Hazardous Areas 20.93.700 Description and Purpose. (a) Geologically hazardous areas include areas susceptible to erosion, sliding, earthquakes, liquefaction, or other geological events. They pose a threat to health and safety of citizens when incompatible development is sited in areas of significant hazard. (b) The primary purpose of these regulations is to avoid and minimize potential impacts to life and property from geologically hazards, conserve soil resources, and minimize structural damage relating to these hazards. The purpose is accomplished through appropriate levels of study and analysis, application of sound engineering principles, and regulation or limitation of land uses, including maintenance of existing vegetation, regulation of clearing and grading activities, and control of stormwater. 20.93.710 Designation. (a) Areas susceptible to one or more of the following types of hazards are designated as geologically hazardous area: (1) Erosion Hazard Areas. Erosion hazard areas include areas likely to become unstable, such as bluffs, steep slopes, and areas with unconsolidated soils. The following are considered known or suspected erosion hazards: (A) Areas located within the following soil maps: Areas as defined by the USDA Soil Conservation Service Soil Survey of Snohomish County Area (1983) and USGS National Geologic Map Database. or DNR Washington Geologic Information Portal. (B) Areas susceptible to rapid stream incision and stream bank erosion. (2) Landslide hazard areas shall include areas subject to severe risk of landslide based on a combination of geologic, topographic, and hydrologic factors. They include areas susceptible because of any combination of bedrock, soil, slope, structure, hydrology, or other factors. The following are known or suspected landslide hazards: (A) Areas designated in the U.S. Landslide Inventory and Susceptibility (1-8 point system) and DNR Washington Geologic Information Portal. (B) Areas of previous failure such as earth slumps, earthflows, mudflows, lahars, debris flows, rockslides, landslides or other failures as observed in the field or as indicated on maps or in technical reports published by the U.S. Geological Survey, the Washington Geological Survey, or other documents authorized by government agencies. (C) Any shoreline designation or mapped as U (unstable), UB (unstable bluff), UOS (unstable old slide) , or URS (unstable recent slide) by the Department of Ecology Coastal Zone Atlas. (D) Slopes having gradients of 15 percent or greater; (i) That intersect geologic contacts with permeable sediments overlying low-permeability sediment or bedrock and springs or groundwater seepage are present; or (ii) That are parallel or subparallel to planes of weakness (such as bedding planes, joint systems, and fault planes) in subsurface materials. (E) Areas with a slope of 33 percent or greater and with a vertical relief of ten or more feet except areas composed of consolidated rock. (F) Areas that have shown movement during the Holocene Epoch (from 10,000 years ago to the present) or that are underlain or covered by mass wastage debris of that epoch. (G) Slopes having gradients steeper than 80 percent subject to rock fall during seismic shaking. (H) Potentially unstable areas resulting from rapid stream incision, stream bank erosion, or undercutting by wave action. (3) Seismic Hazard Areas. Seismic hazard areas are lands that, due to a combination of soil and groundwater conditions, are subject to risk of damage as a result of earthquake-induced ground Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 59 Revised September 2025 shaking, slope failure, settlement or subsidence, soil liquefaction, or surface faulting. The following are known suspected seismic hazards; (A) Areas having “high” or “moderate to high” risk of liquefaction as mapped on the Liquefaction Susceptibility and Site Class Maps of Western Washington State by County published by the Washington State Department of Natural Resources. These are typically underlain by cohesionless soils of low density typically and must have a low groundwater table. (B) Areas located within one-quarter mile of an active fault as indicated on investigative maps or described in studies by the U.S. Geologic Survey, Washington Geological Survey, or other documents authorized by government agencies, or identified during site inspection. (C) Those known or suspected landslide hazards referenced in subsection (a)(2) of this section. (4) Volcanic Hazards Areas. Volcanic hazard areas are areas subject to pyroclastic flows, lava flows, debris avalanche, and inundation by debris flows, lahars, mudflows, or related flooding resulting from volcanic activity. Though there are no significant risks identified for the city and immediate surrounding area, other than airborne particulate impacts from an eruption. (5) Other Hazard Areas. Geologically hazardous areas may also include areas determined by the Director to be susceptible to other geological events including mass wasting, debris flows, rock falls, and differential settlement. (b) All areas within the city meeting one or more of these criteria, regardless of any formal identification, are hereby designated critical areas and are subject to the provision of this chapter. 20.93.720 Mapping. (a) The following maps and resources providing information on the location and extent of geologically hazardous areas are hereby adopted by reference as amended: (1) Snohomish County, Planning & Development Services Critical Areas Map; (2) U.S. Geological Survey Geologic Maps, Landslide Hazard Maps and Seismic Hazard Map; (3) Washington Geological Survey – Geologic Information Portal (4) Washington Geological Survey – Geologic Planning Page (5) U.S. Department of Agriculture, National Resources Conservation Service Soil Maps; (6) U.S. Landslide Inventory and Susceptibility (1–8-point system) (b) Reference Only. The maps and resources cited above are to be used as a guide for the city of Arlington Community and Economic Development Department, project applicants, and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. 20.93.730 General Development Standards. (a) All development activities and uses are prohibited in geologically hazardous areas and their buffers, except as provided for in this chapter, and only when it is demonstrated that the activity will not create undue risk of life, health, and safety. (b) Exemptions and Allowed Activities. Exemptions are listed in the provisions established in AMC 20.93.350, Exempt Activities. (c) Approvals. Alterations of geologically hazardous areas or associated buffers may only occur pursuant to this chapter, and as determined by a qualified professional with concurrence by a third party review, for activities that: (1) Will not increase the threat of the geological hazard to adjacent properties beyond pre-development conditions; (2) Will not adversely impact other critical areas; (3) Are designed so that the hazard to the project is eliminated or mitigated to a level equal to or less than pre-development conditions; and (4) Are determined to be safe as designed and under anticipated conditions by a qualified professional, licensed in the state of Washington. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 60 Revised September 2025 (d) Mitigation. Proposed mitigation techniques are considered to provide long-term hazard reduction only if they do not require regular maintenance or other actions to maintain their function. Mitigation may be required to avoid any increase in risk above the preexisting conditions, including following abandonment of the activity. (e) Critical Facilities Prohibited. Critical facilities may not be sited within geologically hazardous areas unless there is no other practical alternative. (f) International Building Code. All development must conform to the provisions of the currently adopted International Building Code as amended by the city of Arlington, including submittal of a critical area report. 20.93.740 Specific Development Standards. (a) Erosion or Landslide Hazard Areas. Except as otherwise provided in this chapter, only those activities approved and permitted consistent with an approved critical area report in accordance with this chapter are allowed in erosion or landslide hazard areas. Activities must meet the standards of AMC 20.93.730, General Development Standards, in addition to the specific requirements contained in this section. (1) Standard Buffer. A standard buffer of 50 feet is required from the closest edge of a landslide hazard area. The buffer must be maintained as undisturbed native vegetation, except when alteration of vegetation is approved by the decision-maker as part of the project. (2) Buffer Reduction. The decision-maker may reduce the standard buffer by a maximum of 25 percent when the critical area report demonstrates that all of the following criteria are met: (A) No reasonable alternative to the buffer reduction exists; (B) Modified or reduced buffers, through design and engineering solutions, will provide protection to the proposed development and adjacent properties equal to that of the standard buffer; (C) The development will not increase surface water discharge or sedimentation to adjacent properties beyond pre-development conditions; (D) The development will not decrease slope stability on adjacent properties; (E) The proposed reduction will not adversely impact other critical areas; (F) The critical area report makes recommendations regarding planting of vegetation or other measures to minimize impacts and resist erosion. (G) When a buffer reduction is requested the decision-maker may require, at the applicant's expense, a third party review of a critical area report by a qualified professional under contract with or employed by the city. (3) Increased Buffer. The standard buffer may be increased by the decision-maker based on a critical area report prepared by a qualified professional that indicates a greater buffer is necessary to protect the proposed development and/or adjacent properties. (4) Alterations. (A) Alterations of a marine bluff or its buffer is prohibited except that minor development to provide public access (e.g., public trails, stairs or viewpoints) may be permitted as regulated in the shoreline master program; provided that impacts are mitigated and the development can be shown to be safe. (B) Alterations of an erosion or landslide hazard area and/or buffers may only occur for activities for which a critical area report that contains a hazards analysis is submitted which determines: (i) The activity will not increase surface water discharge or sedimentation to adjacent properties beyond pre-development conditions; (ii) The activity will not decrease slope stability on adjacent properties; (iii) Such alteration will not adversely impact other critical areas or pose a potential threat risk to life, health, and safety. (C) Alterations must be designed to meet the following basic requirements: (i) The proposed alteration must not decrease the slope stability. The factor of safety against landslide occurrences for residential and commercial developments must be one and one Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 61 Revised September 2025 half for static conditions and one and two-tenths for dynamic conditions, unless approved by the decision- maker. Analysis of dynamic conditions must be based on a minimum horizontal acceleration as established by the current version of the International Building Code; (ii) Structures and improvements must be clustered to avoid geologically hazardous areas and other critical areas; (iii) Structures and improvements must minimize alterations to the natural contour of the slope, and foundations must be tiered where possible to conform to existing topography; (iv) Structures and improvements must be located to preserve the most critical portion of the site and its natural landforms and vegetation; (v) The proposed development must not result in greater risk or a need for increased buffers on neighboring properties; (vi) Development must be designed to minimize impervious lot coverage; (vii) The decision-maker may accept an alternative design that deviates from one or more of these standards if a report by a qualified professional demonstrates that greater long-term slope stability can be achieved while meeting all other provisions of this title. The requirement for long-term slope stability must exclude designs that require regular and periodic maintenance to maintain their level of function. (D) Addition Requirements for Alteration of Landslide Hazard Areas and Buffers. Prior to permit issuance, the property owner must sign and record a notice on title, at the owner's sole expense, a covenant in a form acceptable to the city, which: (i) Acknowledges and accepts the risks of development in the landslide hazard area; (ii) Waives any rights to claims against the city; (iii) Indemnifies and holds harmless the city against claims, losses, and damages; and (iv) Informs subsequent owners of the property of the risks and the covenant. (5) Vegetation Retention and Maintenance. Removal of vegetation from a landslide hazard area or related buffer is prohibited, except when allowed as follows: (A) As part of an approved alteration, that follows the criteria and process outlined in subsection (a)(4) of this section. (B) Normal nondestructive pruning and trimming of vegetation for maintenance purposes or thinning of limbs of individual trees to provide a view corridor when a plan prepared by an ISA-certified arborist is provided and approved by the decision-maker and there are no other critical areas present. (C) All activity proposed on marine bluffs must be regulated and reviewed under the Shoreline Master Program (SMP) and required shoreline permitting. (6) Seasonal Restriction. Clearing within an erosion or landslide hazard area or buffer may be allowed only from May 1st to October 1st of each year; provided that the decision-maker may extend or shorten the dry season on a case-by-case basis depending on actual weather conditions and other factors deemed relevant. (7) Utility Lines and Pipes. Utility lines and pipes may be permitted in landslide hazard areas and buffers only when the applicant demonstrates that no other practical alternative is available. The line or pipe must be located above ground and properly anchored and/or designed with the intent to function in the event of an underlying slide. (8) Stormwater Management. Prior to any development activity, a plan for the collection, transport, treatment, and discharge of stormwater in accordance with the requirements of AMC Title 13 or as amended, and in accordance with the adopted DOE Stormwater Management Manual for Western Washington, must be submitted meeting the following requirements: Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 62 Revised September 2025 (A) All infiltration systems, such as stormwater detention and retention facilities, and curtain drains utilizing buried pipe or French drains, are prohibited in landslide hazard areas and their buffers unless the critical area report determines such facilities or systems will not adversely affect slope stability. (B) Stormwater may not be directed across the face of a landslide hazard or related buffer (including marine bluffs or ravines) except as follows: (i) Stormwater may be discharged at flow durations matching predeveloped conditions, with adequate energy dissipation, into existing channels that previously conveyed stormwater runoff in the predeveloped state; (ii) Stormwater may be dispersed upslope of the landslide hazard area onto a low-gradient undisturbed buffer demonstrated to be adequate to infiltrate all surface and stormwater runoff, if the critical area report determines such facilities or systems will not adversely affect slope stability; (iii) If demonstrated that no other practical alternative is available, stormwater may be discharged from the hazard area into adjacent waters, provided it is collected above the hazard and directed to the water by a tight line drain (constructed of high-density polyethylene pipe with fuse-welded joints, or similar product that is technically equal or superior) and provided with an energy dissipating device at the point of discharge. (9) Prohibited Development. On-site sewage disposal systems, including drain fields, are prohibited within erosion and landslide hazard areas and related buffers. (10) Subdivisions. (A) The division of land in landslide hazard areas and associated buffers is subject to the following: (i) Land that is located wholly within a landslide hazard area or its buffer may not be subdivided. Land that is located partially within a landslide hazard area or its buffer may be divided; provided, that each resulting lot has sufficient buildable area outside of, and will not affect, the landslide hazard or its buffer; (ii) Access roads and utilities may be permitted within the landslide hazard area and associated buffers if the decision-maker determines that no other feasible alternative exists, and if the critical area report determines such development will not adversely affect slope stability. (B) Division of land within erosion hazard areas must comply with the following additional requirements: (i) Except as otherwise provided in this section, existing vegetation must be retained on all lots until building permits are approved for development on individual lots; (ii) If any vegetation on the lots is damaged or removed during construction of the subdivision infrastructure, the applicant must implement a revegetation plan in those areas that have been impacted prior to final inspection of the site development permit or the issuance of any building permit for the subject property; (iii) Clearing of vegetation on individual lots may be allowed prior to building permit approval if the decision-maker determines that: (a) Such clearing is a necessary part of a large-scale grading plan, (b) It is not feasible to perform such grading on an individual lot basis, and (c) Stormwater output from the graded area will meet established water quality standards. (b) Seismic Hazard Areas. (1) Activities proposed to be located in seismic hazard areas must meet the standards of AMC 20.93.730(b) and 20.93.730(e). Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 63 Revised September 2025 20.93.750 Critical Area Report Additional Requirements. (a) Additional Report Contents for Geologically Hazardous Areas. In addition to the minimum report contents required per AMC 20.93.410, Critical Areas Report, reports must also include applicable information outlined in this section. (b) Third Party Review Required. Critical areas report on geologically hazardous areas are subject to third party review at the owner's sole expense as provided in AMC 20.93.410(b) and in any of the following circumstances: (1) A buffer reduction or alteration of a landslide hazard area is proposed. (c) Minimum Report Contents for Geologically Hazardous Areas. The written critical area report(s) must contain the following information, at minimum: (1) The report must generally follow the Washington State Department of Licensing Guidelines for Preparing Engineering Geology Reports in Washington (2006) and at a minimum report contents required per AMC 20.93.410, Critical Area Report; (2) A detailed overview of the field investigations, exploration locations, site photos, published data and references; data and conclusions from past assessments of the site; investigations or studies that support the identification of geologically hazardous areas; (3) A description of the methodologies used to conduct the geologically hazardous areas evaluations, classification, hazards assessments, and/or analyses of the impacts of the proposal, including references. (4) Assessment of Geological Characteristics. The assessment must include the following: (A) Classification of the type of geologic hazard(s) present in accordance with AMC 20.93.710, Designation; (B) An assessment of the geologic characteristics of the soils, sediments, and/or rock of the project area and potentially affected adjacent properties, and a review of the site history regarding landslides, erosion, and prior grading. Soils analysis must be accomplished in accordance with accepted classification systems in use in the region; (C) A description of load intensity, surface and groundwater conditions, public and private sewage disposal systems, fills, excavations, and all structural development; (D) A description of the extent and type of vegetative cover; and (E) An analysis of proposed surface and subsurface drainage, and the vulnerability of the site to erosion. (5) Analysis of Proposal. The report must include a detailed description of the project, its relationship to the geologic hazard(s), and its potential impact upon the hazard area, the project, the subject property, and affected adjacent properties. (6) Minimum Buffer and Building Setback. The report must make a recommendation for the minimum no- disturbance buffer and minimum building setback from any geologic hazard based upon the geotechnical analysis. (7) Additional Technical Information Requirements for Specific Hazards. (A) Erosion and Landslide Hazard Areas. The technical information required in a critical area report for a project within an erosion or landslide hazard area must also include the following: (i) An estimate of the present stability of the subject property, the stability of the subject property during construction, the stability of the subject property after all development activities are completed, and a discussion of the relative risks and slide potential relating to adjacent properties during each stage of development, including the effect of construction and placement of structures, clearing, grading, and removal of vegetation will have on the slope over the estimated life of the structures. Quantitative analysis of static and seismic slope stability, modeling, and/or seismic displacement analysis may be required by the decision-maker; (ii) A trend analysis of prior rates of erosion, if available; Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 64 Revised September 2025 (iii) Consideration of the run-out hazard of landslide debris and/or the impacts of landslide run- out on downslope properties; (iv) Recommendations for stormwater improvements, locations and methods of erosion control, vegetation management, and/or other means for maintaining long-term soil stability; (v) Parameters for design of site improvements including appropriate foundations and retaining structures. These should include allowable load and resistance capacities for bearing and lateral loads, installation considerations, and estimates of settlement performance; (vi) Earthwork recommendations including clearing and site preparation criteria, fill placement and compaction criteria, temporary and permanent slope inclinations and protection, and temporary excavation support, if necessary; and (vii) Recommendations for mitigation measures to be implemented in order to minimize the risk to the site and adjacent properties, including slope stabilization measures, if appropriate. (B) Seismic Hazard Areas. The technical information required in a critical area report for a project within a seismic hazard area must also include the following: (i) A complete discussion of the potential impacts of seismic activity on the site (for example, liquefaction, lateral spreading, fault rupture); (ii) An evaluation of the subsurface soil and groundwater profile, physical properties of the subsurface profiles, and the liquefaction potential of the site; (iii) Recommendations for mitigation measures to be implemented in order to minimize the risk to the project, and adjacent properties if appropriate. (C) Marine Bluffs. A geotechnical engineering report will be required when development is proposed within 50 feet (in all directions) of or to the crest of a marine bluff, or a distance equal to the height of the slope up to a distance of 100 feet from the crest (measured from the top), whichever is greater. (i) The report must be based on best available science, existing and proposed uses, risks of slope failure, and coastal erosion rates over the last 75 years, if applicable. (ii) All proposed development on a marine bluff or in the required buffer must be prohibited, except as may be allowed per the city of Arlington Shoreline Master Program, and applicable shoreline master program development regulations for marine bluffs, or minor development to provide public access (e.g., public trails, stairs or viewpoints); provided that impacts are mitigated and the development can be shown to be safe. (d) All Geologically Hazardous Areas. The Director may require additional information deemed necessary to adequately review the proposal. (1) Site and Construction Plans. The critical area submittal for geologically hazardous areas must include a copy of the site plans for the proposal, drawn at an engineering scale, showing: (A) The type and extent of geological hazard areas, any other critical areas, and recommended and required buffers on, adjacent to, off site within 200 feet of, or that are likely to impact or be affected by the proposal; (B) Proposed development, including the location of existing and proposed structures, filling, clearing limits, significant trees to be removed, vegetation to be removed, proposed material stockpile locations, and stormwater management facilities; (C) The topography, in two-foot contours of the project area and all hazard areas addressed in the report; (D) Height of slope, slope gradient, and cross-section of the project area indicating the stratigraphy of the site; (E) The location of springs, seeps, or other surface expressions of groundwater on or off site within 200 feet of the project area or that have the potential to affect or be affected by the proposal; (F) The location and description of surface water on or off site within 200 feet of the project area or that has the potential to be affected by the proposal. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 65 Revised September 2025 Part VIII. - Aquifer Recharge Areas 20.93.800 Description and Purpose. (a) Critical aquifer recharge areas provide the public with clean, safe, and available drinking water and contribute base flows to protect aquatic resources. Once groundwater is contaminated or depleted, it is difficult, costly, and sometimes impossible to clean up or to recharge. (b) The purpose of this section is to protect critical aquifer recharge areas from degradation or depletion resulting from new and redeveloping land use activities. Due to the potential vulnerability of groundwater underlying certain aquifer recharge areas to contamination and the importance of such groundwater as sources of public water supply, it is the intent of this section to safeguard groundwater resources by mitigating or precluding future discharges of contaminants from new development activities and redevelopment activities. 20.93.810 Applicability and Hazardous Materials Questionnaire. (a) Applicability. The provisions of this section apply to regulated facilities that are within or adjacent to those portions of the city of Arlington designated critical aquifer recharge areas of the city of Arlington critical areas map. Regulated activities/facilities are defined as those commercial, industrial and home occupation uses that: (1) Process or handle hazardous materials in regulated quantities; and (2) Treat or store regulated quantities of hazardous materials. (b) Hazardous Materials Questionnaire Required. Applications for development or redevelopment of regulated facilities within the boundaries of critical aquifer recharge areas must be accompanied by a completed hazardous materials questionnaire to determine the regulatory status of the applicant facility. The decision-maker must review the questionnaire to determine whether the facility is regulated under this chapter. If it is determined that the proposal includes a regulated facility that processes, handles, treats, and/or stores hazardous substances as defined by this chapter, the applicant must submit a critical area report pursuant to this chapter. 20.93.820 Designation. (a) Critical aquifer recharge areas include: (1) Areas served by groundwater which have been designated as a “sole source aquifer area” under the Federal Safe Drinking Water Act; (A) Areas within a “closed” or “low flow” stream watershed designated by the Department of Ecology pursuant to RCW Chapter 22. (B) Areas designated as “wellhead protection areas” pursuant to Chapter 246-290 WAC and the groundwater contribution area pursuant to WAC 246-291-125(3)(d)(iii) or otherwise recognized by the Director as needing wellhead protection. Wellhead protection areas include, for the purpose of this regulation, the identified recharge areas associated with: (i) The 10 year groundwater time-of-travel for all Group A public water supply wells; or (ii) The five year groundwater time-of-travel for all Group B public water supply wells with a wellhead protection plan files with the Snohomish County Health Department; or (iii) Plats serviced by five or more individual wells where the average lot size is equal to or less than two acres for which a wellhead protection plan has been completed and filed with the Snohomish County Health Department; or (iv) The 1,000 foot radius for individual private drinking water supply wells, as identified by map criterion in AMC 20.93.830. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 66 Revised September 2025 20.93.830 Mapping. (a) The approximate location and extent of critical aquifer recharge areas are shown on the city of Arlington critical aquifer recharge areas and city wells map, part of the 2024 Comprehensive Plan, Book 1: Environment, Figure E-02. In addition, the following maps and resources providing information on the location and extent of critical aquifer recharge areas are hereby adopted by reference as amended: (1) Areas with soils that have moderate to rapid permeability (greater than two inches per hour) as listed in the Soil Survey of Snohomish County. (2) Source for identifying drinking water supply wells identified by agencies such as Washington Department of Ecology and Snohomish County Health Department (b) Reference Only. The maps and resources cited above are to be used as a guide for the city of Arlington Community and Economic Development Department, project applicants, and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. 20.93.840 General Development Standards. (a) Regulated activities/facilities may be permitted in a critical aquifer recharge area only if the applicant can demonstrate that the proposed activity will not cause contaminants to enter the aquifer and that the proposed activity will not adversely affect the recharging of the aquifer. (b) The proposed regulated activity must comply with the water source protection requirements and recommendations of the Federal Environmental Protection Agency, State Department of Health, and the Snohomish County Health Department. (c) Storage Tank Permits. The city of Arlington specifically regulates and authorizes permits for underground storage tanks pursuant to the International Fire Code and this chapter. The Washington Department of Ecology also regulates and authorizes permits for underground storage tanks (Chapter 173-360 WAC). The Building Official and North County Regional Fire Authority regulate and authorize permits for the removal of underground storage tanks. (d) Owners and operators of facilities with existing underground storage tanks that are located within a critical aquifer recharge area must comply with all release detection requirements as specified in Chapter 173-360 WAC. (e) Spreading or Injection of Reclaimed Water. Water reuse projects for reclaimed water must be in accordance with the adopted water or sewer comprehensive plans that have been approved by the Washington Department of Ecology and Snohomish County Health Department. (1) Surface spreading must meet the groundwater recharge criteria given in RCW 90.46.010(10) and 90.46.080. (2) Direct injection must be in accordance with the standards developed by authority of RCW 90.46.042. (f) Prohibited Activities and Land Uses. The following land uses and activities for new development or redevelopment are prohibited within or adjacent to critical aquifer recharge areas: (1) Landfill activities as defined in Chapters 173-304 and 173-351 WAC; (2) All underground injection wells as defined in Chapter 173-218 WAC; (3) Disposal of hazardous or dangerous wastes; (4) Mining, including: (A) Metals and hard rock mining; (B) Sand and gravel mining are prohibited in critical aquifer recharge areas determined to be highly susceptible or vulnerable unless a stormwater quality management plan is approved and followed by the applicant; (5) Wood Treatment Facilities. Wood treatment facilities that allow any portion of the treatment process to occur over permeable surfaces (both natural and manmade); (6) Storage, processing, or disposal of radioactive substances; (7) Dry cleaning establishments using the solvent perchloroethylene; and Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 67 Revised September 2025 (8) Other: (A) Activities that would significantly reduce the recharge to aquifers currently or potentially used as a potable water source; (B) Activities that would significantly reduce the recharge to aquifers that are a source of significant baseflow to a regulated stream; (C) Activities that are not connected to an available sanitary sewer system are prohibited from critical aquifer recharge areas associated with sole source aquifers 20.93.850 Specific Development Standards for Regulated Facilities. (a) The following mitigation measures, as applicable, are required for development of regulated facilities within a critical aquifer recharge area: (1) Floor drains must not be allowed to drain to the stormwater system and must be designed and installed to meet the Uniform Plumbing Code (UPC). (2) If any roof venting carries contaminants, then the portion of the roof draining this area must go through pretreatment pursuant to UPC. (3) All nonresidential vehicle washing must be self-contained or be discharged to a sanitary sewer system, if approved by the sewer utility, and is subject to UPC. (4) Utilize Integrated Pest Management (IPM) practices for pest control and best management practices (BMPs) for the use of fertilizers as described by the Snohomish County Health Department. (5) Facilities Installing New Underground Tanks. All new underground storage facilities used or to be used for the underground storage of hazardous substances or hazardous wastes must meet the requirements of Chapter 173-360 WAC and be designed and constructed so as to: (A) Prevent releases due to corrosion or structural failure for the operational life of the tank; (B) Be protected against corrosion, constructed of noncorrosive material, steel clad with a noncorrosive material, or designed to include a secondary containment system to prevent the release or threatened release of any stored substance; and (C) Use material in the construction or lining of the tank which is compatible with the substance to be stored. (6) Above-Ground Tanks. All new above-ground storage facilities/tanks containing hazardous substances within a critical aquifer recharge area must be constructed, installed, used and maintained to: (A) Prevent the release of a hazardous substance to the ground, or groundwater; (B) Include an impervious containment area enclosing or underlying the tank or part thereof; (C) Include a secondary containment system either built into the tank structure or a dike system built outside the tank. The secondary containment system or dike system must have a capacity of at least 110 percent of the primary tank and conform to the requirements of the International Fire Code (IFC). (7) Vehicle Repair and Servicing. (A) Commercial vehicle repair and servicing must be conducted over impermeable pads and within a covered structure capable of withstanding normally expected weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in a manner that protects them from weather and provides containment should leaks occur. (B) Dry wells are not allowed on sites used for vehicle repair and servicing. Dry wells existing on the site prior to facility establishment must be abandoned using techniques approved by the state Department of Ecology prior to commencement of the proposed activity. (8) Additional protective measures may be required if deemed necessary by the city of Arlington. (9) State and Federal Regulations. The uses listed below will be conditioned as necessary to protect critical aquifer recharge areas in accordance with the applicable state and federal regulations. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 68 Revised September 2025 Table 20.93.850 – 1: Statutes, Regulations and Guidance Pertaining to Groundwater Impacting Activities Activity Statute – Regulation - Guidance Above-Ground Storage Tanks WAC 173-303-640 Animal Feedlots Chapter 173-216 WAC, Chapter 173-220 WAC Automobile Washers Chapter 173-216 WAC, Best Management Practices for Vehicle and Equipment Discharges Below-Ground Storage Tanks Chapter 173-360 WAC Chemical Treatment Storage and Disposal Facilities Chapter 173-303 WAC Hazardous Waste Generator (Boat Repair Shops, Biological Research Facility, Dry Cleaners, Furniture Stripping, Motor Vehicle Service Garages, Photographic Processing, Printing and Publishing Shops, etc.) Chapter 173-303 WAC Injection Wells Federal 40 CFR Part 144 and Chapter 173-218 WAC Junk Yards and Salvage Yards Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Vehicle Recycler Facilities. Oil and Gas Drilling WAC 332-12-450, Chapter 173-218 WAC Wastewater Facilities Chapter 173-240 WAC On-Site Sewage Systems (< 3,500 gallons/day) Chapter 246-272A WAC, Local Health Ordinances Large On-Site Sewage Systems (3,500 to 1,000,000 gallons/day) Chapter 246-272B WAC, State Health Ordinances Pesticide Storage and Uses Chapter 17.21 RCW Sawmills Chapter 173-303 WAC, Chapter 173-304 WAC, Best Management Practices to Prevent Stormwater Pollution at Log Yards Solid Waste Handling and Recycling Facilities Chapter 173-304 WAC Surface Mining Chapter 332-18 WAC Wastewater Application to Land Surface Chapter 173.200 WAC, Chapter 173-216 WAC, DOE Land Application Guideline, Best Management Practices for Irrigated Agriculture. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 69 Revised September 2025 20.93.860 Critical Area Report Additional Requirements. (a) Additional Report Contents for CARAs. In addition to the minimum report contents required per AMC 20.93.410, Critical Area Report, CARA reports must also include the applicable information outlined in this section. (b) Minimum Report Contents. A critical area report must include a hydrogeologic assessment including, but not limited to, the following: (1) Information sources; (2) Geologic and hydrologic setting including available recharge, permeability/transmissive information; (3) Available well logs, borings, seeps/springs within 1,000 feet of the project areas; (4) Available water quality information; (5) Groundwater depth, flow direction and gradient based on available information; (6) Surface water location and recharge potential; (7) Water source supply to the site; (8) Any sampling scheduled necessary; (9) Discussion of the effects of the proposed project on the groundwater resources; (10) Description of potential mitigation measures, should it be determined that the proposed project may have an adverse impact on groundwater resources, and (11) Other information as required by the city. (c) If the hydrogeologic assessment determines that the facility will have no effect on groundwater resources, the facility is exempt from the development standards requirements in AMC 20.93.850. (d) If the hydrogeologic assessment determines that the facility could have an effect on groundwater resources, the decision-maker will require implementation of applicable development standards in AMC 20.93.850. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 70 Revised September 2025 Part IX. Frequently Flooded Areas 20.93.900 Description and Purpose. (a) Frequently flooded areas perform important functions and may present a risk to persons and property. (b) It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas caused by flooding, while protecting the functions and values of floodplains, including special consideration for anadromous fish habitat in combination with the provisions for fish and wildlife habitat conservation areas in this chapter. 20.93.910 Designation. (a) Frequently flooded areas include those areas established as special flood hazard areas under AMC Chapter 20.64, Floodplain Development Regulations, including those areas of special flood hazard identified by the most current Federal Insurance Rate Map (FIRM), as prepared by FEMA. (b) Climate change and sea level rise are affecting many coastal communities and some within Puget Sound. Applicants are urged to become familiar with potential impacts of climate change and sea level rise if development is proposed near shorelines or associated low-lying areas. 20.93.920 Mapping. (a) Reference Only. The maps and resources cited above are to be used as a guide for the city of Arlington Community and Economic Development Department, project applicants, and/or property owners and may be continuously updated as new critical areas are identified. They are a reference and do not provide a final critical area designation. 20.93.930 General Development Standards. (a) All development proposals must comply with AMC Chapter 20.64, Floodplain Development Regulations, for general and specific flood hazard protection. (b) Development may not reduce the base flood water storage ability. Construction, grading or other regulated activities that would reduce the flood water storage ability must be mitigated by creating compensatory storage on or off the site. (c) Alteration of Watercourses. (1) Projects that propose to relocate a watercourse must also submit a request for Conditional Letter of Map Revision (CLOMR), where required by FEMA. The project may not be approved unless FEMA issues the CLOMR (which requires Endangered Species Act (ESA) consultation) and the provisions of the letter are made part of the permit requirements. (2) The decision-maker must notify adjacent communities (if applicable) and the Department of Ecology prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA. (3) Maintenance must be provided within the altered or relocated portion of said watercourse so that flood carrying capacity is not diminished. It the maintenance program does not call for cutting of native vegetation, the system must be oversized at the time of construction to compensate for said vegetation growth or any other natural factor that may need future maintenance. (d) Base flood data and flood hazard notes must be shown on the face of any recorded plat or binding site plan, including but not limited to, base flood elevations, flood protection elevation, boundary of floodplain, and zero rise floodway. (e) All developments must conform to the provisions of the currently adopted International Building Code, including submittal of a critical area report. Title 20—Land Use Code Chapter 20.93: Critical Area Ordinance City of Arlington 20.93 - 71 Revised September 2025 20.93.940 Critical Area Report Additional Requirements. (a) Additional Report Contents for frequently flooded areas. In addition to the minimum report contents required per AMC 20.93.410, Critical Area Report, frequently flooded area reports must also include the applicable information outlined in this section. (b) Minimum Report Contents. A critical area report must include a habitat assessment prepared in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation (FEMA Region X, 2013, or as hereafter amended. The assessment must determine if the project would adversely affect: (1) The primary constituent elements identified with a species are listed as threatened or endangered; (2) Essential fish habitat designated by the National Marine Fisheries Service; (3) Fish and wildlife habitat conservation areas; (4) Vegetation communities and habitat structures; (5) Water quality; (6) Water quality, including flood and low flow depths, volumes and velocities; (7) The channel’s natural planform pattern and migration processes; (8) Spawning substrate, if applicable; and/or (9) Floodplain refugia, if applicable. (c) If the assessment concludes that the activity is expected to have an adverse effect on water quality and/or aquatic or riparian habitat or habitat functions, the project must be designed in a way to offset those impacts. Project mitigation will not be permitted in accordance with Regional Guidance for Floodplain Habitat Assessment and Mitigation, FEMA Region X, 2013 (d) The following activities do not require completion of a habitat assessment: (1) Repair of existing building in its existing footprint, including damage by fire or other casualties unless the repair constitutes substantial improvement or is necessitated by substantial damage; (2) Removal of noxious weeds; (3) Replacement of nonnative vegetation with native vegetation; (4) Ongoing activities such as lawn and garden maintenance; (5) Removal of hazard trees; (6) Normal maintenance of public utilities and facilities; (7) Restoration or enhancement of floodplains, riparian areas and streams that meet federal and state standards. City of Arlington Council Agenda Bill WS #5 Attachment COUNCIL MEETING DATE: September 8, 2025 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.110 Mixed-Use Development Regulations ATTACHMENTS: Code Amendment Overview, Ordinance, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: includes updates to clarify the intent of the chapter, multiple changes to the code language, place types, transect descriptions and summaries, photos, lot dimensions per building type, setbacks, permit types, permissible uses, housing types, frontage types, thoroughfare types, parking requirements, sign regulations, and comprehensive plan goals and policies throughout the entire chapter to ensure clarity and consistency of the regulations. HISTORY: ALTERNATIVES: Remand to staff for additional information “I move to approve the ordinance amending AMC Chapter 20.110 and authorize the Mayor to sign the Page 1 of 6 Renamed Table of Contents Code Sections: • Page 4: There are minor updates proposed to the Table of Contents and Code Sections. Updated Language and Sections: • Page 1-212: Minor clerical updates or spelling as needed throughout the entire document. Each change is documented but not speci�ically called out for you here in this overview. • Page 6: New language was added to provide clari�ication on what the mixed-use development regulations are and when utilized the residential and commercial portions shall be constructed concurrently. New information was added on what percentage of commercial retail is required with each project. • Page 7: Removed Building Type Table, as these are different for each transect and cannot be consolidated as currently shown. • Pages 8-9: Removed Tables, these are different for each transect and cannot be consolidated as currently shown. • Page 10: Updated Special District 1 (which will now be regulated by the Island Crossing Subarea Plan, Planned Action FEIS, and Chapter 20.119) and updated Special District 2 (which is regulated by the Cascade Industrial Center Subarea Plan, Planned Action FEIS, and Chapter 20.118) • Pages 12-16: Updated the Transect Summary descriptions and added new pictures to better depict the intent, where needed. *Added up to 6 stories from 180th Street to 183rd Place to the T5 Main Street transect summary. • Page 19: Added new language with information from the 2024 Comprehensive Plan. • Page 21: Added new language regarding additional code sections that are required to be met in addition to the Mixed-Use Development Regulations. We are currently doing this, but it was never written clearly in this chapter. AMC Chapter 20.110 – Mixed-Use Development Regulations Zoning Code Amendment Overview Summary - Amy Rusko, Director Page 2 of 6 • Pages 23-36: Updates to the Mixed Use Neighborhood Corridor include the following: o Added T5 Flex (TF-F) and T5 Main Street (T5-MS) to the allowed Transects within this place type. o Updated and added Characteristics and changed to new street types. o Updated all table to include the two transects listed above that were not included previously. o Replaced Lot Dimensions per Allowed Building Type Table with updated information. This caused me to delete the current table and add a new one. o Updated and clari�ied the Building Form Table to what makes sense with a variety of different housing types. o Updated the Building Placement Table. Removed Build-to-Lines, as they were confusing for consultants/developers and updated the setbacks to meet the regulations we are seeing proposed and with built construction in the real world. o Updated the Parking Table for clari�ication and consistency, while making changes to certain transects with varied building types and uses. o Updated the Encroachment and Frontage Types Table. Removed all frontage types because they correlate to the building types and not the transects. o Updated the Use Table to provide clari�ication. Added in Zoning Permits and made changes to the areas that needed clari�ication or became issues with permitting. Updated the Key and Use Table Notes for consistency in permitting. o Replace the Neighborhood Corridor: Smokey Point Blvd/173rd St to 188th St West Arlington Neighborhood Map on page 34 with the map shown on page 35. The difference is the addition of the T5-MS Transect shown in dark green. The T5-MS transect would allow a development of up to 6 stories in this area backing the 200 foot tree buffer of the Arlington Municipal Airport. • Pages 37-50: Updates to the Mixed Use Community Center include the following: o Updated and added Characteristics and changed to new street types. o Replaced Lot Dimensions per Allowed Building Type Table with updated information. This caused me to delete the current table and add a new one. o Updated and clari�ied the Building Form Table to what makes sense with a variety of different housing types. o Updated the Building Placement Table. Removed Build-to-Lines and Façade Zone, as they were confusing for consultants/developers and updated the setbacks to meet the regulations we are seeing proposed and with built construction in the real world. o Updated the Parking Table for clari�ication and consistency, while making changes to certain transects with varied building types and uses. o Updated the Encroachment and Frontage Types Table. Removed all frontage types because they correlate to the building types and not the transects. o Updated the Use Table to provide clari�ication. Added in Zoning Permits and made changes to the areas that needed clari�ication or became issues with permitting. Updated the Key and Use Table Notes for consistency in permitting. Page 3 of 6 • Pages 51-61: Updates to the Mixed Use Village Center include the following: o Updated and added Characteristics and changed to new street types. o Replaced Lot Dimensions per Allowed Building Type Table with updated information. This caused me to delete the current table and add a new one. o Updated and clari�ied the Building Form Table to what makes sense with a variety of different housing types. o Updated the Building Placement Table. Removed Build-to-Lines, as they were confusing for consultants/developers and updated the setbacks to meet the regulations we are seeing proposed and with built construction in the real world. o Updated the Parking Table for clari�ication and consistency, while making changes to certain transects with varied building types and uses. o Updated the Encroachment and Frontage Types Table. Removed all frontage types because they correlate to the building types and not the transects. o Updated the Use Table to provide clari�ication. Added in Zoning Permits and made changes to the areas that needed clari�ication or became issues with permitting. Updated the Key and Use Table Notes for consistency in permitting. • Pages 62-74: Updates to the Mixed Use Urban Center include the following: o Updated to change to new street types and re-wrote portions of T5N-MV because this transect is located in the Cascade Industrial Center and no additional housing is allowed per the CIC Planned Action Ordinance. The T5N-MV remains within the tables because it is still a transect of the place type, but all regulations were removed. Any new development that is not already permitted within the T5N-MV transect will follow the underlying zoning of General Commercial. o Replaced Lot Dimensions per Allowed Building Type Table with updated information. This caused me to delete the current table and add a new one. o Updated and clari�ied the Building Form Table to what makes sense with a variety of different housing types. o Updated the Building Placement Table. Removed Build-to-Lines, as they were confusing for consultants/developers and updated the setbacks to meet the regulations we are seeing proposed and with built construction in the real world. o Updated the Parking Table for clari�ication and consistency, while making changes to certain transects with varied building types and uses. o Updated the Encroachment and Frontage Types Table. Removed all frontage types because they correlate to the building types and not the transects. o Updated the Use Table to provide clari�ication. Added in Zoning Permits and made changes to the areas that needed clari�ication or became issues with permitting. Updated the Key and Use Table Notes for consistency in permitting. Page 4 of 6 • Pages 75-84: Updates to Special District-1 and Special District-2 include the following: o Updated Place Type: Special District-1 to have the Place Type and Transect follow the Island Crossing Subarea Plan, Planned Action Ordinance, and AMC Chapter 20.119. o Updated Place Type: Special District-2 to have the Place Type and Transect follow the Arlington-Marysville Manufacturing Industrial Center Subarea Plan, Cascade Industrial Center Planned Action Ordinance, and AMC Chapter 20.118. o All remaining sections are To Be Removed as labeled. o The maps showing the Place Types and Transects will remain in the regulations. • Pages 85-86: Updates to Frontage Types summary and table include the following: o Removed Common Yard, as it does not make sense for mixed-use building types. o Removed Transect Allowed and Not Allowed Tables, as frontage types correlate with building types and not transects. o Updated Descriptions of most frontage types and added a new Terrace frontage type. o Added new images where I could and provide the new Terrace frontage type. • Pages 87-95: Updates to Frontage Type standards include the following: o Removed Common Yard, as it does not make sense for the mixed-use building types. o Updated Frontage Type Descriptions, Sizes, Miscellaneous requirements to provide clari�ications on speci�ic regulations. o Added a new page for the Terrace frontage type. o Added new/updated pictures to show better examples. • Pages 97-98: Updates to Building Types summary and table include the following: o Removed Transect Allowed and Not Allowed Tables, as frontage types correlate with building types and not transects. o Updated Building Type Descriptions as needed to clarify the building type. o Added new/updated pictures to show better examples. • Pages 99-110: Updates to Building Types standards include the following: o Updated Building Type Lot, Open Space, Allowed Frontage Types, Courtyards, Descriptions, and Building Size and Massing sections as needed. o Added new/updated picture to show better examples. • Pages 111-131: Updates to 20.110.014 (f) Block, Thoroughfare and Public Rights of Way Standards include the following: o Added language to meet the Public Works Construction Standards. o Added titles to tables. o Updated right of way (street types) to match new street standards. o Provided actual verbiage for some acronyms that were used. o Updated Median Dimensions table for new street types. Page 5 of 6 o Removed all existing street types: Alley, Mixed-Use Avenue, Mixed-Use Boulevard, Mixed-Use Street, Multiway Boulevard, Passage, Residential Avenue, and Residential Street. Many of these street sections could not or would not be built in the city, many purely by the size of the street and amount of right of way required. o Added new street types with updated information: Alley, Mixed-Use Corridor, Pedestrian Passage, Residential Avenue, Residential Street, and Shared Use Trail. These street types are what we are currently requiring and make sense within mixed use developments. The updated standards provide clarity of the requirements. • Pages 132-137: Updates to 20.110.014 (g) Parking Standards include the following: o Updated the Parking Table to include the State updates for residential middle housing. o Updated bicycle parking for detached residential. • Pages 137-140: Updates to 20.110.014 (h) Civic and Open Space Standards include the following: o Added a section referring to Community Park Impact Fees. • Pages 141-146: Updates to 20.110.014 (i) Landscaping, Fencing, and Screening Standards include the following: o Update Table Names and Numbering. o Added 20% shading to all parking lots. o Added drive-thru screening requirements. o Updated the chain link fencing requirements for stormwater areas, security for parks, dog parks, or similar with Director approval. • Pages 161-163: Updates to 20.110.014 (l) Architectural Standards (4) Signage and Design Elements include the following: o Added new language for signs. • Pages 176-178: Updates to 20.110.014 (n) Application and Processing Procedures include the following: o Added Zoning Permits to Review Authority o Removed Design Review of Underlying Zoning. This is already established in AMC 20.46. o Moved the Special Use Permit footnote and added an Appeals footnote. o Updated additional information regarding permit refunds and withdrawals. • Pages 178-: Updates to 20.114.014 (o) Project Permit Review Procedures include the following: o Added Zoning Permit process. Page 6 of 6 • Pages 188-: Updates to 20.110.016 (a) General De�initions and 20.110.016 (b) De�initions Speci�ic to Permissible Uses include the following: o Removed de�initions that we do not use. o Amended de�initions for clari�ication. o Added a de�inition of Permit; Zoning. • Pages 203-211: Updates to 20.110.016 (c) Comprehensive Plan Goals and Policies achieved through this land use plan include the following: o Updated section title. o Removal of all 2015 Comprehensive Plan Goals and Policies. These were necessary when these regulations were adopted, however after the 2024 update they are no longer valid, nor should they be referenced. o Page 212: Addition of 2024 Comprehensive Plan Goals and Policies, along with webpage link on where to �ind these documents. • Page 212: Updates to Acknowledgements o Updated code section to 20.110.016 (d) to match the Table of Contents and the �low of the document. • The only legislation that was followed was for the Residential Middle Housing parking requirement under RCW 36.70A.635(6)(e) and RCW 36.70A.622(c). • Proposed changes came from permitting against the Mixed-Use Development Regulations and updating the areas where challenges arose or where certain regulations needed to be adjusted. Washington State Legislation or Other Requirements ORDINANCE NO. 2025-XXX 1 ORDINANCE NO. 2025-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.110 OF THE ARLINGTON MUNICIPAL CODE REGARDING MIXED-USE DEVELOPMENT REGULATIONS UNDER CITY PLANNING NO. PLN 1180 WHEREAS, the City has proposed an update to the Mixed-Use Development Regulations to the City zoning code; and WHEREAS, the City staff has engaged in a comprehensive review and has proposed to update to the multiple sections throughout the Mixed-Use Development Regulations; and WHEREAS, the Arlington Planning Commission considered the revisions on August 5, 2025 and at a public hearing conducted on August 19, 2025; 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 same at a workshop held on September 8, 2025, a meeting on September 15, 2025, 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 20.110 shall be and hereby adopted 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. ORDINANCE NO. 2025-XXX 2 PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 15th day of September, 2025. CITY OF ARLINGTON ____________________________________ Don E. Vanney, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Oskar E. Rey, City Attorney 1 Revised October 2022September 2025 Mixed Use Development Regulations Exhibit A 2 Revised October 2022September 2025 Arlington Land Use Strategic Planning: A Place-Based Approach to Zoning The City’s vision statement, written over twenty-five years ago remains a guide for both our Comprehensive Plan and our Land Use Code: “The City of Arlington is a community of vibrant businesses and a home for families that combines the best of sustainable development with the highest quality of life in the region. It is a place where the natural world is honored and respected while high value jobs and businesses are encouraged to prosper. The City is recognized throughout the State as the best example of how to preserve the past in concert with preparing for the change inherent in the future. As the vision evolves, the Arlington brand, or identity, becomes recognized for its unique ability to set the City apart as a model of civility and community harmony. The Setting: Arlington is located where the north and south forks of the Stillaguamish River join. The City’s northern/northwestern edge overlooks the Stillaguamish River Valley; its eastern side looks toward the Cascade foothills; and we border I-5 on the west and Marysville on the south. The Economy: Arlington’s future depends on its economic base, keeping pace with other development. Citizens thrive when jobs are available, and the necessary amenities are in place to improve their quality of life. To pay for this quality of life, our retail base must be secure and growing. It must also be able to pay for the infrastructure needed to fuel industrial growth. The Social Fabric: Citizens establish the City’s values, sense of place, and quality of life. In return they need cultural opportunities, recreational activities, educational resources, and entertainment for a full life. Mobility: Our goal must be to provide mobility within the City and access to our county, state and federal transportation systems. Housing: Arlington values its neighborhoods and hopes to pass on these values as new developments are built. We recognize the need to provide housing for all income ranges. Summary: Because of Arlington’s proximity to population centers and the freeway, growth is inevitable, but not necessarily as a bedroom community. Arlington will strive to maintain a small city identity, a high jobs-to-housing ratio, thriving commercial districts, safe neighborhoods, an expanding airport, a healthy hospital, a beautiful environment, great services, ample recreational opportunities, and a pride that most cities seldom experience. We want our caring community” We are required by the State’s Growth Management Act to plan for a twenty-year projected population increase. The number of people we will be welcoming to our City is provided by the State and by Snohomish County. The overall planning for this increase involves a long list of parts and of stakeholders; from transportation to parks and open space to housing. The single most impactful element of planning for the future lies in how we resolve the complicated issues of land use and the built environment. The citizens of every city, town and community in the country desire a livable environment for themselves and for those that follow. Our Vision Statement is a reflection ofreflects that desire. “In 2030, about half of the buildings in which Americans live, work, and shop will have been built after 2000. While these projections may seem overwhelming, they also demonstrate that nearly half of what will be the built environment in 2030 doesn’t even exist yet, giving the current generation a vital opportunity to reshape future development” 1. The quality of places in which we live has an impact on all aspects of life. How well they are designed will influence how safe we feel, how easy it is to walk around, whether we have shops, community facilities and schools nearby; whether our children have safe places to play. It will also affect whether there is access to public transportation and a good choice of homes in which to live. It is essential that the places we create and improve embody the principles of good urban design. Good urban design is essential to deliver places which are sustainable across a range of criteria: places that create social, environmental and economic value. Ensuring that places are well designed needs to be a priority for everyone involved in shaping and maintaining the built environment. 3 Revised October 2022September 2025 Arlington is known for its sense of “place”. This sense is a combination of the caring nature of its people, and the quality of its downtown built environment. Looking ahead, our challenge will be to provide housing, employment, and recreational opportunities for a growing population while at the same time preserving and expanding the unique places of Arlington. 1 Arthur C. Nelson; Brookings Institution 4 Revised October 2022September 2025 TABLE OF CONTENTS Chapter 20.110 – Mixed Use 20.110.012: Introduction 20.110.012 (a) Purpose 20.110.012 (b) Planning with Form Based Code 20.110.012 (c) How to Use the Plan and General Regulations 20.110.012 (d) Place Types 20.110.012 (e) General Transect Summary 20.110.012 (f) Plan Area 20.110.012 (g) Overview of Existing Conditions 20.110.012 (h) Plan Preparation and Public Participation 20.110.012 (i) Goals 20.110.014: Development Code 20.110.014 (a) Authority and Purpose (1) Conflicting Provisions (2) Relationship towith Other Regulations (3) Severability 20.110.014 (b) Applicability of Standards versus Guidelines 20.110.014 (c) Place Types (1) Mixed Use Neighborhood Corridor (2) Mixed Use Community Center (3) Mixed Use Village Center (4) Mixed Use Urban Center (5) Mixed Use Special District 20.110.014 (d) Frontage Types 20.110.014 (e) Building Types 20.110.014 (f) Block, Rights-of Way, and Thoroughfare and Public Rights-of-Way Standards (1) Block Standards (2) Public Rights-of Way Standards (3) Thoroughfare Standards 20.110.014 (g) Parking Standards 20.110.014 (h) Civic and Open Space Standards 20.110.014 (i) Landscaping, Fencing, and Screening Standards 20.110.014 (j) Low Impact Design StandardsDevelopment 20.110.014 (k) Outdoor Lighting Standards 20.110.014 (l) Architectural Standards 20.110.014 (m) Administration and Procedures 20.110.014 (n) Application and Processing Procedures 20.110.014 (o) Project Permit Review Procedures 20.110.014 (p) Non-Conforming Conditions 20.110.016: Appendix 20.110.016 (a) General Definitions 20.110.016 (b) Definitions Specific to Permissible Uses 20.110.016 (c) Comprehensive Plan Goals and Policies Achieved Through This Land Use Strategic Plan 20.110.016(d) Acknowledgements 20.110.018: Acknowledgements 20.110.020: Public Participation Plan 5 Revised October 2022September 2025 20.110.012 INTRODUCTION 20.110.012(a) PURPOSE Under Washington law, local jurisdictions are allowed to define a vision for specific areas within their boundaries and apply regulations and guidelines for implementation of those visions. It can establish clear policies, implementation strategies, and design standards to guide public and private investment in a coordinated manner. For the foreseeable future, Arlington’s urban growth boundary will remain fixed in its current configuration. The immediate effect of an inelastic City edge will be that projected population increases will be absorbed by in-filling, rather than expansion. To maintain the high-quality City that is described in the Vision Statement and Comprehensive Plan, the community will have to take a new look at land use patterns and how it intends to guide the built environment. Local development history has shown that conventional (Euclidean) zoning has not, and likely will not, provide a path from the vision, goals, and policies expressed in the Comprehensive Plan to the creation of Quality Places. Mixed Use Development Regulations provides guidance for the creation of quality places that will provide interesting, walkable neighborhoods, while preserving Arlington’s small-town feel. It is intended to guide initiatives that capitalize on the City’s unique assets with the overarching goal of seamlessly accommodating growth. The Plan is designed to create centers of commercial and residential activity appropriate to local context and use intensities with a predictable built form. In addition, the Plan provides options for developers that result in expedited, predictable outcomes. 20.110.012(b) PLANNING WITH FORM BASED CODE Quality place making is a derivative of the concepts and tools contained in the alternative approach to conventional zoning called “Form Based Code”. These concepts reinforce walkable, sustainable mixed-use environments and development that builds upon community character. This Strategic Plan uses the Form Based Coding approach to achieve the community’s goals of sustainability and context sensitive, high-quality infill. "Form-Based Codes foster predictable built results and a high- quality public realm by using physical form (rather than separation of uses) as the organizing principle for the code. These codes are adopted into city or county law as regulations, not mere guidelines. Form-Based Codes are an alternative to conventional zoning." ~ Form-Based Codes Institute An important aspect of this definition that differentiates Form Based Codes from conventional zoning is the phrase "by using physical form." This does not mean that use is not important, but instead of land use always being the organizing principle for the overall code, within the FBC elements of this Plan, the intended physical form, or characteristics of desired place becomes the primary organizing principle. It is also important to note that while FBCs focus on an intended physical form, they also regulate use. FBCs often allow a range of uses that are carefully chosen to maximize compatibility between uses and the intended physical form of the specific neighborhood. FBC components are integrated throughout this Plan. The following is an explanation of these components and where they are located in this Zoning Code. 1. Place Types provide the basic building form standards and list the allowed building types, sustainable features and permitted uses within a specific geographical area. See Section 20.110.014(c) 1-5 (Place Types). 6 Revised October 2022September 2025 2. Building types provide a fine level of detail about the appropriate massing and form of buildings within a Place Type. See Section 20.110.014(e) (Building Types). 3. Private frontage Frontage types provide details on how a building relates to the street or public realm. See Section 20.110.014(d) (Private Frontage Types). 4. Thoroughfare types provide the components of a thoroughfare that can be used to create walkable streets that balance the needs of vehicles, pedestrians and bicyclists. See Section 20.110.014(f) (Block, Street, and Rights of way). 5. Civic spaces provide standards for a broad range of civic spaces and open space. A significant focus of the City’s new and existing civic spaces will be the creative incorporation of public art. See Section 20.110.014(h) (Civic and Open Space). 20.110.012(c) HOW TO USE THE PLAN AND GENERAL REGULATIONS 1. In graphic form, this Section illustrates the basic steps to follow in using this Form Based Code as a part of the regulations guiding development within the Mixed-Use Overlay District. This is illustrative only and is not intended to set forth the administration and procedures which are described more fully in Section 20.110.014(k) (Administration and Procedures). 2. When utilizing the Mixed-Use Overlay to obtain residential uses on commercial zoned property, the property owner/applicant/developer shall construct both the commercial and residential portions of the project concurrently. The commercial portion of the project must be constructed in order to obtain occupancy of the residential units. 3. All projects utilizing the Mixed-Use Overlay and Mixed-Use Development Regulations Mixed-Usefor projects shall require a minimum of 15 dwelling units per acre within all transects. 3.4. All Mixed-Use projects require the first floor of all street frontage buildings to be comprised of commercial/retail uses. Except where horizontal mixed-use is used and the residential only buildings are accessed from an alley or other type of roadway with no available street frontage access. 5. Commercial Retail and Commercial Service businesses shall occupy a minimum of seventy-five percent (75%) of the first-floor street frontage buildings. Office uses shall be allowed within 25% of the first-floor street frontage buildings and on the second floor of street frontage buildings and on the first floor of buildings located behind the main building structure, not on the street frontage. All businesses and future businesses will be regulated by the business license review process to ensure compliance with this regulation. Business licenses may be denied if regulations are not met, the city shall not be held liable for any costs associated with a denied business license. 6. All Unit Lot Subdivisions shall follow the regulations of AMC 20.44.020. 7. Accessory Dwelling units shall follow the regulations of AMC 20.44.042. 7 Revised October 2022September 2025 Quick Code Guide: Known; Location Looking For; Allowable Building Type 1 2 3 4 5 6 7 8 1 2 3 4 5 6 7 Look in the Regulating Plan for your parcel. Maps Note Place Type and Transect. Regulating Plan Find your Place Type and Transect in Place Types. Section 20.110.014(c) Section 20.110.014(c) Section 20.110.014(c) (1-5) Comply with the Standards specific to your Building Type Section 20.110.014(e) Section 20.110.014(d) Section 20.110.014(m) Locate the Place Type on the Regulating Map. Verify use in Permissible Use Table for your Place Type. Section 20.110.014(c) Section 20.110.014(d) Section 20.110.014(m) Find the standard Building Type that most closely matches yours. Table 20.110-1 Find your Transects in the Place Type summary. Table 20.110-2 8 Revised October 2022September 2025 Transect Matrix: Allowed Building Types and Frontage Types Building Type T4-MS T4-Flex T4N-SV T4N-MV T5-MS T5-Flex T5N-LV T5N-MV SD-1 SD-2 Carriage House X X Cottage Court X X X Courtyard Building X X X X X X X X Duplex - Vertical X X X X Flex Space X X X X X X X X Live/Work X X X X X X Main Street Building X X X X X X X Mid-Rise X X X X X X X Multi-Plex – Large X X X X X X X Multi-Plex – Medium X X X X X X X X Row House / Townhouse X X X X X X X Stacked Flats X X X X X X 9 Revised October 2022September 2025 Frontage Type T4-MS T4-Flex T4N-SV T4N-MV T5-MS T5-Flex T5N-LV T5N-MV SD-1 SD-2 Common Yard X X X Door Yard X X X X X X X Forecourt X X X X X X X X Gallery X X X X X Porch: Engaged X X X Porch: Projecting X X X Shop Front and Awning X X X X X X X Stoop X X X X X X X X X Place Types and Transects T4-MS T4-Flex T4N-SV T4N-MV T5-MS T5-Flex T5N-LV T5N-MV SD-1 SD-2 Community Center X X X Neighborhood Corridor X X X X X Village Center X X X X Urban Center X X X X Special District X X 10 Revised October 2022September 2025 20.110.012(d) PLACE TYPES Place Types are defined by their location and by their intensity of use. They are calibrated by their: • Street Types, • Block and Street Types, • Building Placement and Mass, • Frontage Types, and • Architectural Features. This transect describes six use intensities from natural to sub-urban to urban core. Each level of use, or T-zone, has a unique built form, consistent with its use intensity and context. Some jurisdictions have added sub-transects, some have modified their definitions, and some have labelled the intensities with their own vocabulary. By whatever method it is described, intensity of use is at the core of Place definition. While transects can be used as a regional planning tool, it is uniquely suited to describe the more geographically limited and more intense urban environment. This Mixed-Use Development Overlay Plan creates four “Place Type” overlay descriptions; Neighborhood Corridor, Neighborhood Community Center, Neighborhood Village Center and Urban Center. In addition, due to their unique development context, two Special Districts were created. Special District 1 is regulated by the Island Crossing Subarea Plan, Island Crossing Planned Action, and Chapter §20.119 Island Crossing Design Standards, which contains a gateway to the city, primarily freeway oriented commercial development, and preservation of the natural environment. Development within this district is also subject to extensive floodplain and stormwater management regulations. It is highly unlikely that residential development, other than vertical mixed use, will become a significant element of growth in this area. Special District 2 is regulated by the Arlington-Marysville Manufacturing Industrial Center Subarea Plan, Cascade Industrial Center Planned Action, and Chapter §20.118 Cascade Industrial Center Design Standards, which is located in an area where residential use is prohibited, therefore its mix of uses will exclude any residential component and provide commercial only development that provides services to the workforce within the Cascade Industrial Center. In addition, there are three other areas included in the Mixed UseMixed-Use Overlay but are geographically too small to be assigned a Place Type. Growth in these areas will nonetheless be guided by a regulating plan. In Arlington’s urban context, these Place Types and Special Districts articulate in detail the transition from more intense to less concentrated uses. Each Place Type contains its own unique combination of neighborhood use transitions. As a group, these four Place Types contain all ofa majority of the commercial, residential, and civic space use intensities required for the next twenty years. Because Arlington is a small, urban edge city, the two least intense and the one highest intensity transects are not applicable to our future built form; at least not for now. Zone T3, translates into most of our existing neighborhood and municipal structure. Zone T4 splits into four use intensities; T4 Neighborhood Small Volume, T4 Neighborhood Medium Volume, T4 Main Street, and T4 Flex. A mix of these four intensities is applied to the Neighborhood Corridor, Neighborhood Community Center and Neighborhood Village Center. The T5 Neighborhood Medium Volume, T5 Neighborhood Large Volume, T5 Main Street and the T5 Flex contained in the Urban Center provides the relatively high intensities of 11 Revised October 2022September 2025 use the City will need to accommodate our projected population and commercial growth. The Special Districts reflect areas with limited or prohibited residential potential, and therefore will follow other mixed-use patterns, remaining within transect regulated intensities. In Section 20.110.014(c) that follows, the individual Place Types are specifically located within the City. In Section 20.110.014(c), are the sub-transects and definitions appropriate to each Place Type. The specific distribution of sub-transects within each Place Type is accomplished with the Arlington Regulating Plan. The Regulating Plan is essentially a fine-grained zoning map combined with a street plan and an open space plan, keyed to the Development Code’s standards and guidelines. The regulating plan accomplishes two tasks: • Based on existing context and projected need and markets, The Regulating Plan locates Place Type overlays to specific areas of the City, and • The Regulating Plan assigns specific transect and sub-transect intensities to individual streets and blocks within each located Place type. In most of the Quality Places being created around the country, walkability and pedestrian friendliness are basic design criteria. The four Arlington Place types all share these features, but in different contexts and with different forms. All four have clearly defined centers and edges. Centers are street intersections in some cases, and parks in others. Edges are defined by either a standard walkable ¼ mile, or an elongated ½ mile “pedestrian shed”. As they grow, some of the smaller Places will overlap others and may at some time in the future become combined to create Places of more intense uses and built forms. Areas that are initially defined as corridors will eventually become a linear series of smaller walkable neighborhoods. A pedestrian shed is the basic building block of walkable neighborhoods. A ped shed is the area encompassed by the walking distance from a neighborhood center. Ped sheds are often defined as the area covered by a 5-minute walk (about 0.25 miles, 1,320 feet, or 400 meters). They may be drawn as perfect circles, but in practice ped sheds have irregular shapes because they cover the actual distance walked, not the linear (aerial) distance. A synonym for ped shed is walkable catchment. Pedestrian safety is greatest when vehicle speeds are low. On-street parking, trees, and other design elements are a buffer between pedestrians and traffic. Sidewalks are sized appropriately for the number of walkers. Buildings meet the street in such a way to make the “outdoor rooms” that are the mark of the best urban places. Building facades are human scale, with frequent doorways and windows, and attractive details and ornament. A well-designed neighborhood should be pedestrian friendly, but also accommodate bicyclists, transit riders, cars, and appropriate delivery and larger vehicles. Open space and buildings at human scale are an integral part of overall Place design. Density and land use will generally, but not always, vary from the core to the edge of a neighborhood walkable area. In the sections that follow, the built environment will be calibrated for each of the four Place Types, based on their unique physical and geographical contexts and their projected use intensities. 12 Revised October 2022September 2025 20.110.012(e) GENERAL TRANSECT SUMMARY Zone – T4 Neighborhood Small Volume Desired Form Detached or Attached Narrow to Medium Lot Widths Small to Medium Footprint Build at or Close to ROW Small to No Setbacks Up to 2 Stories Elevated Ground Floor Primarily with Stoops and Porches General Use Primarily residential with smaller neighborhood-supporting uses in ancillary buildings and new or existing corner store buildings. Intent To provide a variety of urban housing choices, in small to medium footprint, medium to high density building types, which reinforce the walkable nature of the neighborhood, support local serving retail and service uses adjacent to this zone, support multi-modal transportation and support public transportation alternatives. Zone – T4 Main Street Desired Form Detached or Attached Small to Medium Footprint Simple Wall Plane along Street Building at or Near the ROW Small to No Side Setbacks Up to 4 Stories Diverse Mix of Frontages General Use Primarily ground floor commercial retail uses with a mix of commercial and residential uses on the floor above. Intent To provide a focal point for neighborhoods that accommodates primarily local serving retail, service, and residential uses in compact, walkable urban form, supporting multi-modal transportation and public transportation alternatives. 13 Revised October 2022September 2025 Zone – T4 Flex Desired Form Attached Small to Large Footprint Simple Wall Plane along Street Building at Internal Street ROW Medium to Large Building Setback from Highway ROW Small to No Side Setbacks Diverse Mix of Frontages First Floor Flush with Sidewalk Up to 3 Stories General Use Vertical and horizontal mixed use: retail, commercial, and residential, and light industrial uses on any floor. Ideal location for live/work conditions. Intent To provide an urban form that can accommodate a very diverse range of uses, including some light industrial to reinforce the pattern of walkable neighborhoods and to provide a mix of uses on the ground floor, including residential, thus enabling the retail and service sectors to mature over time, while still allowing occupancy supporting multi-modal transportation and public transportation alternatives. Zone – T4 Neighborhood Medium Volume Desired Form DetachedAttached Small to Medium to Large Lot Width Medium to Large Footprint Small to Medium Front Setback Small to Medium Side Setbacks Up to 3 Stories Elevated Ground Floor Primarily with Stoops and Porches General Use Primarily residential with smaller local serving uses in ancillary buildings. Ground floor commercial retail only or ground floor commercial retail uses with a mix of commercial and residential uses on the floors above when abutting a main street corridor. When used with horizontal mixed use; retail, commercial and residential uses may be on any floor. Intent To provide a variety of housing choices, in medium to large footprints, medium to high density building types, which reinforces the walkable nature of the neighborhood, support local serving commercial in and adjacent to this zone, supporting multi-modal transportation and support public transportation alternatives. 14 Revised October 2022September 2025 Zone – T5 Neighborhood Large Volume Desired Form Attached Medium to Large Footprint Simple Wall Plane along Street Building at ROW No Side Setbacks Diverse Mix of Frontages Up to 4 Stories General Use Vertical and horizontal mixed use; retail, commercial, and residential uses on any floor. Ideal for live/work conditions.Primarily vertical mixed use and multi-unit residential with smaller neighborhood supporting commercial uses on the ground floor. Intent To provide an a variety of urban form housing choices, in medium to large footprint, medium to high density building types, which that can accommodate a very diverse range of uses, including some light industrial to reinforce walkable neighborhoods while providing neighborhood serving retail and service uses and support multi-modal transportation and public transportation alternatives. and to provide a mix of uses on the ground floor. Zone – T5 Flex Desired Form Attached Medium to Large Footprint Simple Wall Plane along Street Building at ROW Small to No Side Setbacks Diverse Mix of Frontages First Floor Flush with Sidewalk Up to 4 Stories General Use Vertical and horizontal mixed use: retail, commercial, and residential uses on any floor. Ideal for live/work conditions. Intent To provide an urban form that can accommodate a very diverse range of uses, including some light industrial to reinforce walkable neighborhoods and to provide a mix of uses on the ground floor, including residential, thus enabling the retail and service sectors to mature over time, while still allowing occupancy. and support multi-modal transportation and public transportation alternatives. 15 Revised October 2022September 2025 Zone – T5 Neighborhood Medium Volume Desired Form Attached or Detached Small to Large Footprint Simple Wall Plane along Street Building At or Close to ROW Small to No Side Setback Up to 4 Stories Diverse Mix of Frontages General Use A diverse mix of residential building types, general retail, and small to medium sized local and community supporting services and commercial uses. Intent To provide a variety of urban housing choices, in small to medium footprint, medium to high density building types, which reinforce the neighborhood’s walkable nature, support local and community serving retail and service uses adjacent to this zone, and support multi-model modal transportation and public transportation alternatives. Zone – T5 Main Street Desired Form Attached Small to Large Footprint Simple Wall Plane along Street Building at ROW Small to No Side Setbacks Diverse Mix of Frontages First Floor Flush with Sidewalk Up to 5 Stories (Up to 6 Stories 180th Steet NE to 183rd Place NE) General Use Vertical and horizontal mixed use: retail, commercial, on the ground floor with commercial and residential uses on any the floors above. Ideal location for live/work conditions. Intent To provide an urban form that can accommodate a very diverse range of uses, including some light industrial to reinforce walkable neighborhoods and to provide a mix of uses on the ground floor, including residential, thus enabling the retail and service sectors to mature over time, while still allowing occupancy.a focal point for neighborhoods that accommodates neighborhood serving retail, service, and residential uses in compact, walkable urban form and support multi-modal transportation and public transportation alternatives. 16 Revised October 2022September 2025 Zone – Special District-1 Desired Form Mix of Commercial Style Buildings Small to Medium Setbacks Medium to Large Volume Massing Up to 5 Stories Ground Level First Floors Primarily Storefront Entries Larger Parking Areas Behind Buildings Buildings shall comply with the Island Crossing Subarea Plan, Island Crossing Planned Action, and Chapter §20.119 Island Crossing Design Standards General Use Primarily a mix of freeway related, auto-oriented commercial activity, generally fuel sales, restaurants, motels, and travel centerscommercial retail. Intent To provide for commercial development consistent with existing context. Topography, floodplain and floodway regulations will likely limit development to larger scale commercial operations which are directly related to freeway visibility with easy access to interstate and international highway networks. Zone – Special District-2 Desired Form Mix of Commercial Style Buildings Medium Volume Massing Building At or Close to ROW Small to No Side Setbacks Parking Primarily Behind Buildings Up to 4 Stories Ground Level First Floors Primarily Storefront Entries Buildings shall comply with the Arlington-Marysville Manufacturing Industrial Center Subarea Plan, Cascade Industrial Center Planned Action, and Chapter §20.118 Cascade Industrial Center Design Standards General Use To provide a mix of non-residential commercial uses compatible with adjacent manufacturing/industrial businesses in the Cascade Industrial Center, along with the mixed use residential to the south, single family residential to the West west and Business Park development to the North north and Easteast. Intent Special District-2 is totally contained on Airport property. As such, it is subject to several layers of Federal Regulations. To prevent the potential for incompatible land uses adjacent to airports, these regulations prohibit the inclusion of residential units on Airport property. This area is ideally suited for a mix of commercial activity that is appropriate to the intensities of adjoining development. 17 Revised October 2022September 2025 20.110.012(f) THE PLAN AREA The Place Types, which are specifically allocated, are all contained within the existing Arlington city limits, primarily within highway commercial land use zones. There are four major Mixed Use focus areas, each with itstheir own configuration, size, and unique use intensity combinations. There are also two Special Districts: Special District-1 contains primarily freeway oriented commercial development; Special District-2 is located in an area where residential use is prohibited, therefore its mix of uses will exclude any residential component. In addition, there are three other areas included in the Mixed-Use Overlay but are geographically too small to be assigned a Place Type. Growth in these areas will nonetheless be guided by a regulating plan. Figure 20.110-A 1 (below) shows the location of the Place types, Special Districts, and the areas too small for Place Types. 18 Revised October 2022September 2025 Figure 20.110-A1 19 Revised October 2022September 2025 20.110.012(g) OVERVIEW OF EXISTING CONDITIONS During the 2015 Comprehensive Plan update process, it became apparent that to accommodate the twenty-year projected population increase, one of two planning regimes had to be followed. The first was to increase residential buildable land by simply expanding the City’s boundaries. The second involved re-defining commercially zoned permissible uses to provide for both commercial and residential growth. The City is required to accommodate approximately 3,000 residential units within the next twenty years. Currently the land zoned for residential development will provide just over 300 units. There needed to be a plan to account for this shortfall. Having to meet a variety of conditions, the City selected the second option. Clearly, for this option to be viable, some alternate regulatory plan for the uses of commercial property needed to be established. To enable this option, the City subsequently adopted a mixed-use overlay that included all the commercial property within its UGA. Computer modeling showed that the application of mixed uses to most of the commercial areas of the City would adequately accommodate both the projected population growth as well as the supporting commercial activity. The eventual built form of population absorption by in-filling has shown to be unpredictable without design standards organized around some unifying principle. This Mixed-Use Development Regulations incorporates many of the planning and design concepts contained in Form Based Code. Typically, in the development of a Form Based Code, careful consideration is given to existing conditions. Topography, existing building typology, thoroughfare standards, and civic spaces are thoroughly and systematically analyzed to enable the coding of the contextual DNA of each affected neighborhood. With few exceptions, the commercial areas of Arlington which are contained within the Mixed-Use Overlay are either undeveloped or significantly underdeveloped. Lacking essential neighborhood context, the City had to look elsewhere for guidance in the formulation of Arlington’s future built environment. The regulations that follow reflect planning for a twenty-year economic and population growth molded primarily by the Vision, Goals, and Policies of the 2015 Arlington Comprehensive Plan. The 2024 Comprehensive Plan Periodic Update has projected additional population increases to the city. The mixed-use areas of the city will continue to absorb the bulk of the density; however other zoning changes have been made to allow for middle housing options in most residential zones of the city. From the 2024 Comprehensive Plan, the Urban Center and Neighborhood Corridor Transects will accommodate Community Transits Bus Rapid Transit line to the Smokey Point Transit Station. A Transit Oriented Development and Affordable Housing Program will be developed for this area to accommodate inclusive commercial and residential growth. 20.110.012(h) PLAN PREPARATION AND PUBLIC PARTICIPATION By February of 2016, work had begun on adjustments to the 2015 Comprehensive Plan Update to redraft population absorption strategies and rework a few sections based on Department of Commerce and Puget Sound Regional Council feedback on the original document. The City was considering an ordinance to extend mixed use zoning from Old Town to include all commercially zoned property within its UGA. Recognizing that community input would play a significant role in the definition of these extended mixed-use zones, the Department of Community Development, along with the Planning Commission, formed a focus group to provide guidance for the formulation of the standards that would regulate these new areas. The focus group was composed of community leaders from a diverse cross section of the private sector, along with City Council members and Planning Commissioners with support from Community Development staff. The group was charged with providing guidance and feedback for the regulation regime and the public outreach program that would ultimately determine the effectiveness and future livability of the mixed-use areas. The focus group meet weekly for eighteen months. Initially, each meeting was structured in two parts; on-line planning courses with a focus on 20 Revised October 2022September 2025 Form Based Code, followed by a discussion of the tools and processes of FBC and how they might be applied to the new mixed-use areas. As sections of the draft Form Based Code were developed, the focus group provided comments and their suggestions for improvements. This feedback became an instrumental part of the editing and updating process. As this process was nearing its conclusion, the focus group was asked to assist with the development of an outreach program to take the draft FBC regulations out to the community for public feedback. The details of the outreach plan that was formulated with focus group feedback are in the appendix. Three outreach sessions were held in May of 2017 in various locations in the City, and another three sessions were held in July. In each session, there was a presentation of the plan for mixed use development, followed by discussion with participants. Contact information was obtained for future feedback opportunities. 20.110.012(i) GOALS Arlington’s Comprehensive Plan divides the City into twelve sub-areas. Each of these sub-areas has a unique built environment, a unique mix of uses, a unique topography, or a combination of all three. As the City grows and develops, some of these areas will remain relatively stable and some will transition into new looks and new uses. Arlington is going to grow; that’s not optional for any Washington city. The City will need to provide a place for young people entering the labor market, in-migration of established workers and their families, and homes for a rapidly increasing retired population. 7,000 people are coming. The quality of the Places created for them will directly affect their lives and the lives of people already here. Most of the growth, both in people and in commerce, will happen in the transitional neighborhood sub areas. These are the places detailed in the Regulating Plan. For the purposes of creating a vision of mixed uses within a design based context, these transitional neighborhoods need to be the fundamental unit of city wide planning. Neighborhoods should be places where people can live, work, shop, and recreate. Their buildings, streets, public and private places need to relate well to one another by plan, not by accident. These neighborhoods should be sized so that an average person can walk from its center to its fringe in five to ten minutes. Thoroughfare network connectivity is perhaps the single most important element of sustainably-built cities. The thoroughfare network is simply the system of streets, alleys, walkways and trails in an area. Connectivity refers to the directness of travel routes and the number of alternate routes between any two locations. Vehicular, bicycle, and pedestrian connectivity in our proposed mixed-use neighborhoods are addressed by this urban form development code. 21 Revised October 2022September 2025 20.110.014 DEVELOPMENT CODE 20.110.014(a) AUTHORITY AND PURPOSE This code protects and promotes the public health, comfort, safety, convenience, and general welfare of the community and implements the Arlington Comprehensive plan. Parcels that are subject to regulations of both a specific local Place Type as contained in this Mixed-Use Overlay Plan and of its underlying land use zone may be developed using the regulations of either set, but not a mixture of the two. Examples of areas where the Overlay Plan is an option include the Village Center at Kent Prairie, the Neighborhood Corridor along Smokey Point Boulevard, the Urban Center in the Smokey Point commercial area, and the Community Center at Highway 9 and 172nd. These two sets of regulations represent significantly different approaches to the challenges presented with population absorption by in-filling. The underlying “by right” regulations are use based and depend on design standards to determine the eventual built form. This combination rarely produces predictable outcomes for either the developer or for the City. Applications based on the underlying zoning will follow the administrative processes and regulations described in the relevant portions of Title 20 of the Arlington Municipal Code. In particular, subdivisions will follow the regulations contained in Section 20.16.400 (Regulation of Major, Minor and Unit Lot Subdivisions). Section 20.16.435 (Major and Minor Binding Site Plans) will not be available for development governed by the underlying zoning regulations. This Overlay Plan is form based, with specific textual and graphic descriptions for the desired outcome, along with administrative procedures that represent significant time savings along with a more predictable review process. The provisions of this Overlay Plan will regulate development in the Mixed-Use Overlay District when the Overlay Plan option is chosen. In the event of conflict between the Overlay Plan and the underlying zoning, the provisions of the Overlay Plan shall control. The choice of either the regulations contained in the Overlay Plan or of the underlying zoning shall be made by the owner of the property, an authorized agent of the owner, a person acting in compliance with a purchase contract or other written consent and shall follow the land. 1. Conflicting Provisions If any provision of this Overlay Plan contains an actual, implied, or apparent conflict with another provision of this Overlay plan, the more restrictive provision controls. 2. Relationship towith Other Regulations a. Arlington Municipal Code Title 20 Chapters that are not specifically mentioned in this code but apply to development include the following: • Chapter 20.16 Permits and Land Division Approval • Chapter 20.20 Appeals and Variances • Chapter 20.24 Hearing and Pre-Hearing Procedures • Chapter 20.32 Non-Conforming Situations • Chapter 20.38 Airport Protection District • Chapter 20.44 Supplemental Uses (applicable sections) • Chapter 20.56 Streets and Sidewalks • Chapter 20.60 Utilities • Chapter 20.80 Forest Land Conversion • Chapter 20.90 Concurrency and Impact Fees • Chapter 20.93 Critical Areas • Chapter 20.98 State Environmental Policy Act • Chapter 20.112 Affordable Housing Program • Chapter 20.114 Alternative Energy Systems and Technologies b. Other Applicable Arlington Municipal Code Regulations • Complete Streets Policy • Transit Oriented Development Plan • Title 12 – Streets and Sidewalks • Title 13 – Water and Sewers • Title 15 – Fire Regulations • Title 16 – Buildings and Construction • All Applicable City, County, or State Regulations c. Where conditions, standards, or requirements imposed by any provision of this Overlay Plan are either more restrictive or less restrictive than the standard imposed by any other statute, law, ordinance, regulation, license, or permit, the most restrictive of any such standards control. 22 Revised October 2022September 2025 bd. Whenever a provision of this Overly Plan refers to any other part of the Arlington Municipal Code or to otheranother law, the reference applies to any subsequent amendment of that law. 3. Severability If any section, paragraph, subdivision, clause, sentence, or provision of this Overly Plan is adjudged by any court of competent jurisdiction to be invalid, that judgement does not affect, impair, invalidate, or nullify the remainder of this Overlay Plan. The effect of the judgement is confined to the section, paragraph, subdivision, and clause. Sentence, or provision specifically addressed in the controversy in which the judgement or decree was made. 20.110.014(b) APPLICABILITY OF STANDARDS VERSUS GUIDELINES 1. Standards are mandatory requirements which are enforced by terms such as “shall” or “will”. 2. Gudelines are suggested or encouraged but are not explicitly mandatory. However, their intent represents an objective for development and as such they are intended to be followed in spirit if not literally. Thus guidelines leave flexibility for design creativity to meet the intent of the guideline and are promulgated by terms such as “should” or “may”. 3. The existing development regulations of the City of Arlington shall continue to be applicable to areas and/or zones not covered by this Overlay Plan. 4. Capitalized items used throughout this Plan are defined in sections 3.1 General Definitions, and 3.2 Definitions Specific to Permitted Uses. 5. Maps and charts accompanying this Plan are specifically incorporated by reference herein. 23 Revised October 2022September 2025 20.110.014(c) (1) Place Types Place Type: Mixed Use Neighborhood Corridor Location: Smokey Point Boulevard – 173rd Street to 200th Street. Shown on the Zoning Map as the Commercial Corridor zone. Use Intensity Transects: T4 Main Street (T4-MS), T4 Flex (T4-F), T4 Neighborhood Small Volume (T4N-SV), T4 Neighborhood Medium Volume (T4N-MV), T5 Flex (T5-F), T5 Main Street (T5-MS) T4-MS Intent: To provide a vibrant main street mixed use residential and commercial environment that serves as the focal point for the surrounding neighborhood and provides access to day-to-day amenities within walking distance in urban form. This Mixed-Use Neighborhood Corridor will likely develop into a series of smaller, walkable centers along Smokey Point Boulevard which will ultimately provide sustainable transit service along the route. Characteristics: Detached or attachedAttached Medium to large lot width Buildings at or near the ROW Flush ground floor Small to no side setback Up to 4 stories Small to medium footprint Vertical mixed-use along frontage Simple wall plane along street Horizontal mixed-use across site Key Features: Primary Street with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Predominate Land Uses: Primary Boulevard facing with medium intensity commercial Street types: Passage, Alley, Mixed Use StreetCorridor, Pedestrian Passage, Residential Avenue, Residential Street, and Shared Use Trail. Mixed Use Avenue, Mixed Use Boulevard, and Multiway Boulevard. T4-F Intent: To provide an appropriate transition from a neighborhood main street environment into the residential areas, and to provide flexible buildings that can allow a mix of residential and walkable local serving commercial and service uses. Characteristics: Attached or detached Small side setback Small to medium front setbacks Small to medium lot width Small to medium footprint Up to 3 stories Vertical mixed-use along frontage Horizontal mixed-use across site Key Features: Mix of medium density building types with a variety of forms which decrease in size and intensity of use toward the outer boundary of the center. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the center’s main street core to more moderate density and moderate volume residential uses along the edge of the Neighborhood Corridor Street Types: Passage, Mixed Use Street, Alley, Pedestrian Passage, Residential Avenue, Residential Street, and Mixed-Use AvenueShared Use Trail. 24 Revised October 2022September 2025 Place Type: Mixed Use Neighborhood Corridor T4N-SV Intent: To provide a variety of housing choices within the Neighborhood Corridor, that integrates appropriate small to medium building volume, medium density building types, such as duplexes and small multiplex buildings. This level of intensity reinforces the walkable nature of the neighborhood, supports local serving commercial activity in this mixed-use corridor, and encourages public transportation alternatives. Characteristics: Detached and/or attached Medium to large lot width Small to medium front setback Small to medium side setback Up to 2 stories Primarily stoops or porches Key Features: Linear corridors with high connectivity, providing a mix of housing types contained within a walkable street network, adjacent to local serving commercial activity located along primary streets. Predominate Land Uses: The primary land use focus of the T4N-SV transect areas within Neighborhood Corridors is with small to medium density residential in a variety of medium volume formats. Buildings are set back from ROW’s, with the possibility of ancillary buildings behind the primary residence. The variety of housing choices reinforces the walkable nature of this residential area. Street types: Passage, Alley, Pedestrian Passage, Mixed Use Street, Residential StreetAvenue, and Residential AvenueStreet, and Shared Use Trail. T5-F Intent: To provide a variety of appropriate housing choices between Interstate 5 and the existing neighborhood that integrates medium building types, with medium to high density residential. This level of intensity reinforces the walkable nature of the neighborhood, supports local serving commercial activity, and encourages public transportation alternatives. Characteristics: Attached Small side setback Small to medium front setback Small to medium lot width Small to medium footprint Up to 4 stories Vertical mixed-use along frontage Horizontal mixed-use across site Key Features: Linear corridor abutting Interstate 5, providing a mix of housing types contained within a walkable street network, in close proximity to the mixed-use corridor, and may provide small commercial stores. Predominate Land Uses: The primary land use focus of the T5-F transect area with the Neighborhood Corridor is providing a variety of medium to high density residential. Buildings are abutting the ROW and have a buffer between Interstate 5 and the building structure. Street Types: Alley, Pedestrian Passage, Residential Avenue, Residential Street, and Shared Use Trail. Place Type: Mixed Use Neighborhood Corridor 25 Revised October 2022September 2025 T5-MS Intent: To provide a variety of high-density housing choices between the buildings established along Smokey Point Boulevard and the Arlington Airport tree buffer. This level of intensity reinforces the walkable nature of the neighborhood, supports local serving commercial activity, and encourages public transportation alternatives. Characteristics: Attached Small side setback Small to medium front setback Small to medium lot width Medium to large footprint Up to 6 stories Vertical mixed-use along frontage Horizontal mixed-use across site Key Features: Linear corridor between the buildings along Smokey Point Boulevard and the Arlington Airport tree buffer, providing a mix of high-density housing types contained within a walkable street network, in close proximity to the mixed-use corridor, and may provide small commercial uses. Predominate Land Uses: The primary land use focus of the T5-MS transect area within the Neighborhood Corridor is providing a variety of high-density residential buildings located behind (east) of commercial or mixed-use buildings located along Smokey Point Boulevard. The high density residential shall be stepped back on the 4th – 6th stories when adjacent to a street. Street Types: Alley, Pedestrian Passage, Residential Avenue, Residential Street, and Shared Use Trail 26 Revised October 2022September 2025 Place Type: Mixed Use Neighborhood Corridor Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Carriage House - - Cottage Court Courtyard Building - Duplex, Vertical Live/Work - Main Street Building - Mid Rise 100’ min. / 100’ min. 200’ max - - Multiplex Medium - Multiplex Large 75’ min. / 100’ min. 100’ max - - Row House / Townhouse - Stacked Flats - - 27 Revised October 2022September 2025 Note: Multiple buildings may be placed on one larger lot, where these lot sizes may not apply; however, each building shall provide the minimum lot size for the building type proposed within the larger lot. Lot Dimension per Allowed Building Type Carriage House - - - Cottage Court - - 75’ min. / 100’ max. - Courtyard Building 75’ – 100’ / 100’ max. - - - 75’ – 100’ / 100’ max. Duplex - - 40’ – 75’ / 100’ min. - Flex Building - 100’ – 250’ / 100’ min. - 100’ – 200’ / 100’ min. Live/Work 1 - 18’ – 35’ / 80’ min. 18’ – 35’ / 80’ min. 18’ – 35’ / 80’ min. Main Street Building 25’ – 150’ / 100’ min. 25’ – 150’ / 100’ min. - 25’ – 150’ / 100’ min. 25’ – 150’ / 100’ min. Mid Rise 75’ – 200’ / 180’ min. - - 75’ – 200’ / 180’ min. 75’ – 200’ / 180’ min Multiplex Medium 50’ – 100’ / 100’ min. 50’ – 100’ / 100’ min. - 50’ – 100’ / 100’ min. 50’ – 100’ / 100’ min. Multiplex Large 75’ – 100’ / 100’ min. - - 75’ – 100’ / 100’ min. 75’ – 100’ / 100’ min. Row House / Townhouse - 18’ – 35’ / 80’ min. 18’ – 35’ / 80’ min. 18’ – 35’ / 80’ min. - Stacked Flats 125’ – 250’ / 180’ min. 125’ – 250’ / 180’ min. - 125’ – 250’ / 180’ min. 125’ – 250’ / 180’ min. 28 Revised October 2022September 2025 Place Type: Mixed Use Neighborhood Corridor 1 Buildings wider than 75’ shall be designed to read as a series of buildings no wider than 50’ each. 2 Upper floors shall have a primary entrance to the front. 3 2 Loading docks, overhead doors and other service entries shall be screened and may not be located on primary street-facing facades. 4 34 stories maximum allowed for affordable housing developments, LEED certified buildings or if the development provides same square foot, as additional floor, of civic space on-site or pay fee in-lieu towards identified civic space within Place Type (25% of construction cost for additional floor based on IBC Building Valuation Data Table) 5 Within 20’ of the rear lot line, buildings may not be more than a half-story taller than the allowed height of adjacent buildings, see 20.110.014(1)(5) Building Heights and Transitions. 4 The building can be a maximum of 6 stories abutting the Arlington Airport tree buffer as long as floors 4-6 are stepped back where the building fronts a street. 1,2,3 Main Building (C) 43 3 stories max. 5 2 stories max. 3 stories max. 6 stories max. 4 Residential ≥ 10’ from ROW Footprint 29 Revised October 2022September 2025 Place Type: Mixed Use Neighborhood Corridor 6 5 On corner lots, the BTL must be defined by a building shall be defined for the first 50’ of the corner. 7 6 Where existing buildings are in front of the regulated setback, the building may be set to align with the façade of the most immediate adjacent property. 8 7 No side setback required along the common lot line between Townhouses or duplex building types. 5, 6 Front (F) 0’min. 10’max.6,7 - Setbacks 7 Front (F) -0’ min. 5’ max. 0’ min. 5’ max. 0’ min. 5’ max. Side Street (G) -0’ min. 5’ max. 0’ min. 5’ max. 0’ min. 5’ max. 8 8 30 Revised October 2022September 2025 Place Type: Mixed Use Neighborhood Corridor Parking 98 T4-MS T4-F T4N-SV T5-F T5-MS Required Spaces 109 Residential Uses See Table 20.110-7 11 See Table 20.110-7 11 See Table 20.110-7 Table 20.110-7 Table 20.110-7 12,1310, 11 Location (Distance from ROW/Lot Line) Miscellaneous 12 Parking Drive Aisle Width: (N) Front <40 spaces 20’ – 24’ 20’ – 24’ -20’ – 24’ 20’ – 24’ 20’ – 24’ Front ≥40 spaces 20’ – 24’ 20’ – 24’ -20’ – 24’ 20’ – 24’ 20’ – 24’ Side Street/Alley 20’ – 24’ 20’ – 24’ 20’ – 24’ 20’ – 24’ 20’ – 24’ 9 8 All garages shall be screened along the front and the side street by habitable space. 10 9 See Section 20.110.014(g) Parking for uses not listed, general parking standards, adjustments, and alternatives. 11 No parking spaces required for affordable housing developments for the first 2,000 sf. 12 10 No spaces <3500 sf; 2 spaces/1000 sf above first 3500 sf. 13 11 Restaurants: 1500 sf, 1 space/150 sf; 1501 – 5000 sf, 1 space/100 sf 12 Driveway to individual unit shall be no greater than 20 feet in width. 31 Revised October 2022September 2025 Place Type: Mixed Use Neighborhood Corridor 14 13 Maximum allowed encroachments. See section 20.110.014(d) Frontage Types for further details related to allowed encroachments for frontage elements. 15 14 Encroachments into the ROW require the Director’s approval. Encroachments are not allowed in an alley ROW or across a lot line. Encroachments and Frontage Types T4-MS T4-F T4N-SV T5-F T5-MS Allowed Encroachments 13, 14,15 Front (O) 14’ max. 10’ max. 8’max.- 10’ max. 14’ max. Allowed Frontage Types 32 Revised October 2022September 2025 Place Type: Mixed Use Neighborhood Corridor Use Table Residential Residential Dwellings: Attached ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Detached SUP/CUP- SUP/CUP- ZON/SUP/CUP - - Multi-Family ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Accessory Dwelling - - SUP/CUPP - - Home Occupation SUP/CUPP SUP/CUPP SUP/CUPP P P General Retail: Floor Area <10,000 sf ZON/SUP/CUP ZON/SUP/CUP SUP/CUPZON ZON/SUP/CUP ZON/SUP/CUP Floor Area ≥10,000 sf SUP/CUP SUP/CUP - SUP/CUP SUP/CUP Floor Area <10,000 sf ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- ZON/SUP/CUP ZON/SUP/CUP Floor Area ≥10,000 sf SUP/CUP SUP/CUP - SUP/CUP SUP/CUP Drive Thru Services SUP/CUP- SUP/CUP- - - - Outdoor Entertainment SUP/CUP SUP/CUP - Animal Veterinary Services (No Boarding) ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- ZON/SUP/CUP ZON/SUP/CUP Boarding - SUP/CUP - Bank/Financial (No Drive Thru Services) ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- ZON/SUP/CUP ZON/SUP/CUP Drive Thru Services SUP/CUP SUP/CUP - Day Care Center ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Bed and Breakfast (Within Detached Residence) SUP/CUP SUP/CUP SUP/CUPZON - - Hotel/Inn SUP/CUP SUP/CUP - SUP/CUP SUP/CUP Medical Clinic ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- ZON/SUP/CUP ZON/SUP/CUP Doctor/Dentist Office ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- ZON/SUP/CUP ZON/SUP/CUP Office – Professional Office ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Personal Services ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Recreation, Education, Public Assembly Meeting Facilities SUP/CUP SUP/CUP - 33 Revised October 2022September 2025 Park, Open Space, Playground, Recreation Facility, or Outdoor Recreation with Development Permit SUP/CUPP SUP/CUPP SUP/CUPP P P Indoor ≥1,500 sf Agriculture Industry, Manufacturing, and Processing Transportation, Communication, Infrastructure Wireless Telecommunications Antenna ≥50’ Facility Accessory Accessory Building Structure SUP/CUPP SUP/CUPP SUP/CUPP P P Key Use Table Notes 34 Revised October 2022September 2025 35 Revised October 2022September 2025 36 Revised October 2022September 2025 37 Revised October 2022September 2025 20.110.014(c) (2) Place Types Place Type: Mixed Use Community Center Location: State Route 9 and 172nd Street, State Route 530 and 211th Street, State Route 531 and 67th Avenue, 188th Street and 67th Avenue Use Intensity Transects: T4 Main Street (T4-MS), T4 Flex (T4-F), T4 Neighborhood Medium Volume (T4N-MV) T4-MS Intent: To provide a vibrant main street mixed use residential and commercial environment that serves as the focal point for the surrounding neighborhood and provides access to day-to-day amenities within walking distance in urban form. Characteristics: Detached or attachedAttached Medium to large lot width Buildings at or near the ROW Flush ground floor Small to no side setback Up to 4 stories Small to medium footprint Vertical mixed-use along frontage Horizontal mixed-use across site Key Features: Primary Street with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Predominate Land Uses: Primary Street facing with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Street types: Passage, Alley, Mixed Use StreetCorridor, Pedestrian Passage, Residential Avenue, Residential Street, Shared Use Trail. T4-F Intent: To provide an appropriate transition from a neighborhood main street environment into the residential areas, and to provide flexible buildings that can allow a mix of residential and walkable local serving commercial and service uses. Characteristics: Attached or detached Small side setback Small to medium front setbacks Small to medium lot width Small to medium footprint Up to 3 stories Vertical mixed-use along frontage Horizontal mixed-use across site Key Features: Mix of medium density building types with a variety of forms which decrease in size and intensity of use toward the outer boundary of the center. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the center’s main street core to more moderate density and moderate volume residential uses along the edge of the Village Community Center Street Types: Passage, Mixed Use Street, Alley, Pedestrian Passage, Residential StreetAvenue, and Mixed-UseResidential AvenueStreet, and Shared Use Trail. 38 Revised October 2022September 2025 Place Type: Mixed Use Community Center T4N-MV Intent: To provide an appropriate transition from a neighborhood main street environment into the residential areas, and to provide flexible buildings in a residential form that can allow a mix of residential and walkable local serving commercial and service uses. Characteristics: Attached or detached Small to medium lot width Small to medium front setback Small to medium footprint Small side setback Up to 3 stories Vertical mixed-use along frontage Horizontal mixed-use across site Key Features: Mix of medium to high density building types with a variety of forms, which decrease in size and intensity of use toward the outer boundary of the corridor. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the corridor’s main boulevard core to more moderate density and moderate volume residential uses along the edge of the Neighborhood CorridorCommunity Center. Street types: Passage, Alley, Pedestrian Passage, Residential StreetAvenue, Residential AvenueStreet, and Shared Use Trail. 39 Revised October 2022September 2025 Place Type: Mixed Use Community Center T4-MS T4-F T4N-MV Lot Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Carriage House - - Courtyard Building 75’min. / 100’min. 100’max. 75’min. / 100’min. 100’max. - Duplex, Stacked 50’ min. / 80’min. 75’ max. 50’ min. / 80’min. 75’ max. 40’ min. / 80’min. 75’ max. Main Street Building 50’min. / 80’min. 150’max. 50’min. / 80’min. 150’max. 50’min. / 80’min. 150’max. Mid Rise 50’ min. / 80’min. 75’ max. 50’ min. / 80’min. 75’ max. 50’ min. / 80’min. 75’ max. Multiplex Medium 75’min. / 100’ min. 100’max. 75’min. / 100’ min. 100’max. 60’min. / 100’ min. 100’max. Row House / Townhouse 15’min. / 30’min. 35’ max. 15’min. / 30’min. 35’ max. 15’min. / 30’min. 35’ max. 40 Revised October 2022September 2025 Note: Multiple buildings may be placed on one larger lot, where these lot sizes may not apply; however, each building shall provide the minimum lot size for the building type proposed within the larger lot. T4-MS T4-F T4N-MV Lot Lot Lot Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Courtyard Building 75’ – 100’ / 100’ max. - - Duplex - 40’ – 75’ / 100’ min. 40’ – 75’ / 100’ min. Flex Building - 100’ – 250’ / 100’ min. 100’ – 250’ / 100’ min. Main Street Building 25’ – 150’ / 100’ min. 25’ – 150’ / 100’ min. - Mid Rise 100’ – 200’ / 180’ min. 100’ – 200’ / 180’ min. 100’ – 200’ / 180’ min. Multiplex Medium 50’ – 100’ / 100’ min. 50’ – 100’ / 100’ min. 50’ – 100’ / 100’ min. Row House / Townhouse - 18’ – 35’ / 80’ min. 18’ – 35’ / 80’ min. Stacked Flats 125’ – 250’ / 180’ min. 125’ – 250’ / 180’ min. 125’ – 250’ / 180’ min. 41 Revised October 2022September 2025 Place Type: Mixed Use Community Center 1 Buildings wider than 75’ shall be designed to read as a series of buildings no wider than 50’ each. 2 Upper floors shall have a primary entrance to the front. 3 2 Loading docks, overhead doors and other service entries shall be screened and may not be located on primary street-facing facades. 4 3 4 stories maximum allowed for affordable housing developments, LEED certified buildings or if the development provides same square foot, as additional floor, of civic space on-site or pay fee in-lieu towards identified civic space within Place Type (25% of construction cost for additional floor based on IBC Building Valuation Data Table) 5 Within 20’ of the rear lot line, buildings may not be more than a half-story taller than the allowed height of adjacent buildings, see 20.110.014(1)(5) Building Heights and Transitions. 1,2,3 Main Building (C) 43 3 stories max .5 3 stories max. : Residential ≥ 10’ from ROW Footprint 42 Revised October 2022September 2025 Place Type: Mixed Use Community Center 6 4 On corner lots, the BTL must be defined by a building shall be defined for the first 50’ of the corner. 7 5 Where existing building are is in front of the regulated setback, the building may be set to align with the façade of the most immediate adjacent property. 8 6 No side setback required along the common lot line between Townhouses or duplex building types. Building Placement 4,5, 6 0’min. 10’max.6,7 0’min. 10’max. 0’min. 10’max. BTL Lot Defined by a Building: Front Lots ≥50’ wide Setbacks 8 Façade within a Façade Zone Front Side Street 43 Revised October 2022September 2025 Place Type: Mixed Use Community Center 9 7 All garages shall be screened along the front and the side street by habitable space. 10 8 See Section 20.110.014(g) Parking for uses not listed, general parking standards, adjustments and alternatives. 11 No parking spaces required for affordable housing developments for the first 2,000 sf. 12 9 No spaces <3500 sf; 2 spaces/1000 sf above first 3500 sf. 13 10 Restaurants: 1500 sf, 1 space/150 sf; 1501 – 5000 sf, 1 space/100 sf 11 Driveway to individual unit shall be no greater than 20 feet in width. 97 Residential Uses See Table 20.110-7 See Table 20.110-711 Retail or Service Uses: 12,139, 10 Location (Distance from ROW/Lot Line) Miscellaneous 11 Front ≥40 spaces 44 Revised October 2022September 2025 Place Type: Mixed Use Community Center 14 12 Maximum allowed encroachments. See section 20.110.014(d) Frontage Types for further details related to allowed encroachments for frontage elements. 15 13 Encroachments into the ROW require the Director’s approval. Encroachments are not allowed in an alley ROW or across a lot line. Encroachments and Frontage Types T4-MS T4-F T4N-MV Allowed Encroachments 12, 1413,15 Front (O) 10’ max. 10’ max. 8’ max. Allowed Frontage Types 45 Revised October 2022September 2025 Place Type: Mixed Use Community Center Use Table T4-MS T4-F T4N-MV Land Use – Neighborhood Corridor Residential Residential Dwellings: Attached ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Detached - - - Multi-Family ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Accessory Dwelling - - - Home Occupation SUP/CUPP SUP/CUPP SUP/CUPP Retail General Commercial Retail: Floor Area <10,000 sf ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Floor Area ≥10,000 sf SUP/CUP SUP/CUP SUP/CUP Restaurant/Bar Eating or Drinking: Floor Area <10,000 sf ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Floor Area ≥10,000 sf SUP/CUP SUP/CUP SUP/CUP Drive Thru Services (Transects at SR 9/SR 531 Only) SUP/CUP- SUP/CUP SUP/CUP Outdoor Entertainment SUP/CUP SUP/CUP SUP/CUP Services Animal Veterinary Services (No Boarding) ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Boarding - - - Gas Station (Transects at SR 9 / SR 531 Only) ZON/SUP/CUP ZON/SUP/CUP Bank/Financial (No Drive Thru Services) ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Drive Thru Services - - - Day Care Center -ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Lodging: Bed and Breakfast SUP/CUP- SUP/CUP- SUP/CUP- Hotel/Inn SUP/CUP SUP/CUP - Medical: Medical Clinic ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Doctor/Dentist Office ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Office Office – Professional Office ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Personal Services ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Recreation, Education, Public Assembly Meeting Facilities SUP/CUP SUP/CUP SUP/CUP 46 Revised October 2022September 2025 Key Use Table Notes P Permissible ZON Zoning Permit SUP Special Use Permit SUP = Mixed-Use Project contains 120-49 units and commercial. CUP Conditional Use Permit CUP = Mixed-Use Project contains 50 or more units and commercial. - Prohibited Use Uses not listed are specifically prohibited unless the Director interprets that a use is consistent pursuant to this Code. Permits per AMC Chapter 20.16 See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for use type definitions. Use Table -– Continued T4-MS T4-F T4N-MV Land Use – Neighborhood Corridor Park, Open Space, Playground, Recreation Facility or Outdoor Recreation with Development Permit SUP/CUPP SUP/CUPP SUP/CUPP Public Safety Facility ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Recreation Facility – Stand Alone Commercial or Public: Indoor ≥1,500 sf Agriculture Industry, Manufacturing, and Processing Transportation, Communication, Infrastructure Wireless Telecommunications Antenna ≥20’ Accessory 47 Revised October 2022September 2025 48 Revised October 2022September 2025 49 Revised October 2022September 2025 50 Revised October 2022September 2025 51 Revised October 2022September 2025 20.110.014(c) (3) Place Types Place Type: Mixed Use Village Center Location: State Route 9 and 204th Street, 204th Street and 67th Avenue, 211th Street and 67th Avenue Use Intensity Transects: T4 Main Street (T4-MS), T4 Flex (T4-F), T4 Neighborhood Medium Volume (T4N-MV), T4 Neighborhood Small Volume (T4N-SV) T4-MS Intent: To provide a vibrant main street mixed use residential and commercial environment that serves as the focal point for the surrounding neighborhood and provides access to day-to-day amenities within walking distance in urban form. Characteristics: Attached or detached Medium to large lot width Buildings at or near the ROW Flush ground floor Small to no side setback Up to 4 stories Small to medium footprint Vertical mixed-use along frontage Horizontal mixed-use across site Key Features: Primary Street with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Predominate Land Uses: Primary Street facing with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Street types: Passage, Alley, Mixed Use StreetCorridor, Pedestrian Passage, and Residential Avenue, Residential Street, and Shared Use Trail. T4-F Intent: To provide an appropriate transition from a neighborhood main street environment into the residential areas, and to provide flexible buildings that can allow a mix of residential and walkable local serving commercial and service uses. Characteristics: Attached or detached Small side setback Small to medium front setbacks Small to medium lot width Small to medium footprint Up to 4 stories Vertical mixed-use along frontage Horizontal mixed-use across site Key Features: Mix of medium density building types with a variety of forms which decrease in size and intensity of use toward the outer boundary of the center. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the center’s main street core to more moderate density and moderate volume residential uses along the edge of the Village Center Street Types: Passage, Mixed Use Street, Alley, Pedestrian Passage, Residential Avenue, Residential Street, and Mixed-Use AvenueShared Use Trail. 52 Revised October 2022September 2025 Place Type: Mixed Use Village Center T4N-SV Intent: To provide a variety of urban housing choices, in small to medium volume and footprint, medium to high intensity building types which reinforce the walkable nature of the neighborhood, support local serving retail and service uses adjacent to this zone, and support public transportation alternatives. Characteristics: Detached and/or attached Narrow to medium lot width Small to medium footprint Small to no setbacks Up to 2 stories Elevated ground floor Primarily with stoops and porches Key Features: Linear corridors with high connectivity, providing a mix of housing types contained within a walkable street network, adjacent to local serving commercial activity located along primary streets. Predominate Land Uses: A diverse mix of residential building types, and small neighborhood supporting services and commercial uses. Street types: Alley, Pedestrian Passage, Residential Avenue, Residential Street, Shared Use Trail. T4N-MV Intent: To provide a variety of housing choices within the Village Center, with medium building volume, medium density building types which reinforce the walkable nature of the neighborhood, support local serving commercial activity in this mixed usemixed-use center and encourage public transportation alternatives. Characteristics: Detached or attachedAttached Medium to large lot width Medium to large front setback Small to medium side setback Up to 3 stories Vertical mixed-use along frontage Horizontal mixed-use across site Key Features: Linear corridors with high connectivity, providing a mix of housing types contained within a walkable street network, adjacent to regional serving commercial activity located along primary streets. Predominate Land Uses: The primary land use focus of the T4N-MV transect areas within Village Centers is with medium density residential in a variety of medium volume formats. Buildings are set back from ROW’s, with the possibility of ancillary buildings behind the primary residence. The variety of housing choices reinforces the walkable nature of this residential area, and small neighborhood supporting services and commercial uses. Street types: Passage, Alley, Pedestrian Passage, Residential StreetAvenue, Residential AvenueStreet, and Shared Use Trail. 53 Revised October 2022September 2025 Place Type: Mixed Use Village Center T4-MS T4-F T4N-SV Lot Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Courtyard Building - - Flex Building - - Live/Work - - Main Street Building - - Mid Rise - Multiplex Medium - Multiplex Large - Row House / Townhouse - Stacked Flats - - 54 Revised October 2022September 2025 T4-MS T4-F T4N-SV Lot Lot Lot Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Cottage Court - - 75’ min. / 100’ max. - Courtyard Building 75’ – 100’ / 100 max. - - - Duplex - - 40’ – 75’ / 100’ min. 40’ – 75’ / 100’ min. Flex Building - 100’ – 250’ / 100’ min. - 100’ – 250’ / 100’ min. Live/Work - 18’ – 35’ / 80’ min. 18’ – 35’ / 80’ min. - Main Street Building 25’ – 150’ / 100’ min. 25’ – 150’ / 100’ min. - - Multiplex Medium 50’ – 100’ / 100’ min. 50’ – 100’ / 100’ min. - 50’ – 100’ / 100’ min. Multiplex Large 75’ – 100’ / 100’ min. - - - Stacked Flats 125’ – 250’ / 180’ min. 125’ – 250’ / 180’ min.. - -125’ – 250’ / 180’ min. 55 Revised October 2022September 2025 Place Type: Mixed Use Village Center 1 Buildings wider than 75’ shall be designed to read as a series of buildings no wider than 50’ each. 2 Upper floors shall have a primary entrance to the front. 3 2 Loading docks, overhead doors and other service entries shall be screened andmay not be located on primary street-facing facades. 4 3 4 stories maximum allowed for affordable housing developments, LEED certified buildings or if the development provides same square foot, as additional floor, of civic space on-site or pay fee in-lieu towards identified civic space within Place Type (25% of construction cost for additional floor based on IBC Building Valuation Data Table) 5 Within 20’ of the rear lot line, buildings may not be more than a half-story taller than the allowed height of adjacent buildings, see 20.110.014(1)(5) Building Heights and Transitions. Building Form 1,2,3 3Main Building: (C) 43 4,53 2 stories max. Accessory Structure Dwelling 1 story max. 1 story max. 1 story max. Other 1 story max. 2 story max. 1 story max. Residential 10’min. clear 12’10’ min. clear -8’ min. clear Ceiling Height; Upper Floors (F) 8’ min. clear 8’ min. clear - Commercial Retail or Professional Service 10’ min. clear 10’ min. clear - Residential 18” min.6” max. 18” min.6” max. - Footprint Accessory Structure(s): 56 Revised October 2022September 2025 Place Type: Mixed Use Village Center 6 4 On corner lots, the BTL must be defined by a building shall be defined for the first 50’ of the corner. 7 5 Where existing building are is in front of the regulated setback, the building may be set to align with the façade of the most immediate adjacent property. 8 6 No side setback required along the common lot line between Townhouses or duplex building types. Building Placement 4, 5, 6Build-to-LinesBuilding on Lot Front (F) 0’min. 10’max.6,7 8 Setbacks 57 Revised October 2022September 2025 Place Type: Mixed Use Village Center 9 7 All garages shall be screened along the front and the side street by habitable space. 10 8 See Section 20.110.014(g) Parking for uses not listed, general parking standards, adjustments and alternatives. 11 No parking spaces required for affordable housing developments for the first 2,000 sf. 12 9 No spaces <3500 sf; 2 spaces/1000 sf above first 3500 sf. 13 10 Restaurants: 1500 sf, 1 space/150 sf; 1501 – 5000 sf, 1 space/100 sf 11 Driveways to individual units shall be no greater than 20 feet in width. Residential Uses See Table 20.110-711 Retail or Service Uses: 12,139, 10 < 3,500 sf No Spaces Required No Spaces Required No Spaces Required- No Spaces Required >3,500 sf 1/1000 sf min. 1/1500 sf min. - 2/1000 sf min. Front Setback (J) 50’ from BTLmin. 40’ min. 30’ min. 30’ min. Side Street Setback (K) 10’ min. 10’max. 6’10’ min 10’ min. 10’ min. Side Setback (L) 0’ min. 0’ min. 0’ min. 0’ min. Rear Setback (M) 10’5’ min. 5’ min. 5’0’ min. 5’ min. 11Parking Drive Width: (N) Front <40 spaces 20’ – 24’ 20’ – 24’ 20’ – 24’ 20’ – 24’ Front ≥40 spaces 20’ – 24’ 20’ – 24’ 20’ – 24’ 20’ – 24’ Side Street/Alley 20’ – 24’ 20’ – 24’ 20’ – 24’ 20’ – 24’ 58 Revised October 2022September 2025 Place Type: Mixed Use Village Center 14 12 Maximum allowed encroachments. See section 20.110.014(d) Frontage Types for further details related to allowed encroachments for frontage elements. 15 13 Encroachments into the ROW require the Director’s approval. Encroachments are not allowed in an alley ROW or across a lot line. Encroachments and Frontage Types T4-MS T4-F T4N-SV T4N-MV Allowed Encroachments 12, 1314,15 Front (O) 14’ max. 14’10’ max. 8’max.- 10’ max. Allowed Frontage Types 59 Revised October 2022September 2025 Place Type: Mixed Use Village Center Use Table T4-MS T4-F T4N-SV T4N-MV Land Use – Neighborhood Corridor Residential Residential Dwelling: Attached ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Detached SUP/CUP SUP/CUP ZON/SUP/CUP SUP/CUP Multi-Family ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP Accessory Dwelling - - SUP/CUPP - Home Occupation SUP/CUPP SUP/CUPP SUP/CUPP SUP/CUPP Retail General Commercial Retail: Floor Area <10,000 sf ZON/SUP/CUP ZON/SUP/CUP - ZON/SUP/CUP Floor Area ≥10,000 sf SUP/CUP SUP/CUP - SUP/CUP Restaurant/Bar Eating or Drinking: Floor Area <10,000 sf ZON/SUP/CUP ZON/SUP/CUP - ZON/SUP/CUP Floor Area ≥10,000 sf SUP/CUP SUP/CUP - SUP/CUP Drive Thru Services (Director Approval Required) -SUP/CUP SUP/CUP - - Outdoor Entertainment SUP/CUP SUP/CUP - - Services Animal Veterinary Services (No Boarding) ZON/SUP/CUP ZON/SUP/CUP - ZON/SUP/CUP Boarding - - - - Bank/Financial (No Drive Thru Services) ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- -ZON/SUP/CUP Drive Thru Services - SUP/CUP - - Day Care Center ZON/SUP/CUP- SUP/CUP - ZON/SUP/CUP Lodging: Bed and Breakfast SUP/CUP SUP/CUP -ZON SUP/CUP Hotel/Inn SUP/CUP -SUP/CUP - -SUP/CUP Medical: Medical Clinic ZON/SUP/CUP ZON/SUP/CUP - ZON/SUP/CUP Doctor/Dentist Office ZON/SUP/CUP ZON/SUP/CUP - ZON/SUP/CUP Office Uses: Office – Professional Office ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP- ZON/SUP/CUP Personal Services ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP- ZON/SUP/CUP Recreation, Education, Public Assembly Meeting Facilities SUP/CUP SUP/CUP - SUP/CUP 60 Revised October 2022September 2025 Key Use Table Notes P Permissible P = Permissible with a Business License and/or Building Permit depending on the use. ZON Zoning Permit ZON = Mixed-Use Project contains 1-19 units and commercial or Commercial Only buildings on previously subdivided lot. SUP Special Use Permit SUP = Mixed-Use Project contains 120-49 units and commercial. CUP Conditional Use Permit CUP = Mixed-Use Project contains 50 or more units and commercial. - Prohibited Use Uses not listed are specifically prohibited unless the Director interprets that a use is consistent pursuant to this Code. Director Approval Required The Director will only approve when there are no other viable options for development on the site due to access constraints. Permits per AMC Chapter 20.16 See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for use type definitions. Use Table T4-MS T4-F T4N-SV T4N-MV Land Use – Neighborhood Corridor Park, Open Space, Playground, Recreation Facility, or Outdoor Recreation with Development Permit -P -P SUP/CUPP SUP/CUPP Indoor ≥1,500 sf Agriculture Industry, Manufacturing, and Processing Transportation, Communication, Infrastructure Wireless Telecommunications: Antenna ≥20’ Accessory 61 Revised October 2022September 2025 62 Revised October 2022September 2025 20.110.014(c) (4) Place Types Place Type: Mixed Use Urban Center Location: State Route 531 from Interstate 5 to 51st Avenue, State Route 531 from 59th Avenue to 67th Avenue, Smokey Point Boulevard from 164th Street to 173rd Street Use Intensity Transects: T5 Main Street (T5-MS), T5 Flex (T5-F), T5 Neighborhood Large Volume (T5N-LV), T5 Neighborhood Medium Volume (T4N-MV) T5-F Intent: To provide an appropriate transition from a neighborhood main street environment into the residential areas, and to provide flexible buildings in a residential form that can allow a mix of residential and walkable local serving commercial and service uses. Characteristics: Attached or detached Small side setback Small to medium front setbacks Small to medium lot width Small to medium footprint Up to 4 stories Key Features: Mix of medium density building types with a variety of forms which decrease in size and intensity of use toward the outer boundary of the corridor. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the Center’s main boulevard core to more moderate density and moderate volume residential uses along the edge of the Urban Center. Street Types: Passage, Mixed Use Street, Alley, and Mixed-Use AvenueCorridor, Pedestrian Passage, Residential Avenue, Residential Street, and Shared Use Trail. T5N-LV Intent: To provide an urban form that can accommodate a very diverse range of uses to reinforce walkable neighborhoods and to provide a mix of uses on the ground floor, including residential, thus providing a vibrant mix of activities to energize the streets. Characteristics: Attached Medium to large lot width Buildings at ROW Medium to large footprint Small to no side setbacks Up to 4 stories Diverse mix of frontages First floor flush with sidewalk Key Features: Mix of medium density building types with a variety of forms which provide a variety of horizontal and vertical mixed use. Predominate Land Uses: A mix of uses to transition from the higher intensity commercial and high density residential along the center’s core to more moderate density and moderate volume residential uses along the edge of the Urban Center. Street types: Passage, Alley, Mixed Use Corridor, Pedestrian Passage, Residential Avenue, and Residential Street, and Mixed-Use AvenueShared Use Trail. 63 Revised October 2022September 2025 Place Type: Mixed Use Urban Center T5-MS Intent: To provide a variety of housing choices within the Urban Center, with medium to large building volume, medium density building types which reinforce the walkable nature of the neighborhood, support regional serving commercial activity in this mixed usemixed-use corridor and encourage public transportation alternatives. Characteristics: Attached Medium to large lot width Small to no primary setbacks Small to no side setbacks Up to 5 stories Simple wall plane along street Attached housing with higher densities Key Features: Linear corridors with high connectivity, providing a mix of high-density housing types contained within a walkable street network, adjacent to regional serving commercial activity located along primary streets with a diverse mix of frontage types. Predominate Land Uses: The primary land use focus of the T5-MS transect areas within Urban Centers is with high density residential in a variety of medium to large volume formats. Buildings are built to ROW’s, with the possibility of ancillary buildings behind the primary structure. The variety of housing choices reinforce the walkable nature of this vibrant commercial and residential mixed area, provides the opportunity for affordable housing, and provides critical population densities for Transit development. Street types: Passage, Alley, Mixed Use StreetCorridor, Mixed Use Boulevard, and Mixed-Use Avenue, Pedestrian Passage, Residential Avenue, Residential Street, and Shared Use Trail. T5N-MV Intent: To provide a variety of urban housing choices in medium volume, medium to high density building types, which reinforce the neighborhood’s walkable nature, support community serving retail and service uses adjacent to this zone, andzone and support multi-modal transportation choices. This transect in the Urban Center was planned for potential work force housing within the Cascade Industrial Center. The Cascade Industrial Center allows up to 500 residential units; however, the total residential units have been utilized on adjacent properties, and no additional residential units can be constructed. The properties under this transect are required to be developed through the underlying zoning of General Commercial. Characteristics: Detached or attached Medium to large lot width Buildings at or near ROW Flush ground floor Small to no side setbacks Up to 3 stories Small to medium footprint Key Features: Primary Boulevard with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Predominate Land Uses: Primary Boulevard facing with medium intensity commercial activity, along with medium to high density residential, decreasing in intensity toward the adjoining residential neighborhoods. Street types: Passage, Alley, Residential Avenue, and Residential Street 64 Revised October 2022September 2025 Place Type: Mixed Use Urban Center T5-MS T5-F T5N-LV Lot Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Courtyard Building - - Flex Building Live/Work - - Main Street Building - - Mid Rise - Multiplex Medium Multiplex Large Row House / Townhouse - Stacked Flats 65 Revised October 2022September 2025 T5-MS T5-F T5N-LV Lot Lot Lot Width(A) / Depth (B) Width(A) / Depth (B) Width(A) / Depth (B) Courtyard Building 75’ – 100’ / 100’ max. - - - Flex Building 100’ – 250’ / 100’ min. - - Live/Work 18’ – 35’ / 80’ min. - - Main Street Building 25’ – 150’ / 100’ min. 25’ – 150’ / 100’ min. 25’ – 150’ / 100’ min. - Mid Rise 75’ – 200’ / 180’ min. 75’ – 200’ / 180’ min. 75’ – 200’ / 180’ min. - Multiplex Medium 50’ – 100’ / 100’ min. 50’ – 100’ / 100’ min. 50’ – 100’ / 100’ min. - Multiplex Large 75’ – 150’ / 100’ min. 75’ – 150’ / 100’ min. 75’ – 150’ / 100’ min. - Row House / Townhouse - - 18’ – 35’ / 80’ min. - Stacked Flats 125’ – 250’ / 180’ min. 125’ – 250’ / 180’ min. 125’ – 250’ / 180’ min. - 66 Revised October 2022September 2025 Place Type: Mixed Use Urban Center 1 Buildings wider than 75’ shall be designed to read as a series of buildings no wider than 50’ each. 2 Upper floors shall have a primary entrance to the front. 3 2 Loading docks, overhead doors and other service entries shall be screened and may not be located on primary street-facing facades. 4 3 T5-MS: 5 stories, T5-F and T4N-LV: 4 stories; maximum allowed for affordable housing developments, LEED certified buildings or if the development provides same square foot, as additional floor, of civic space on-site or pay fee in-lieu towards identified civic space within Place Type (25% of construction cost for additional floor based on IBC Building Valuation Data Table) 5 Within 20’ of the rear lot line, buildings may not be more than a half-story taller than the allowed height of adjacent buildings, see 20.110.014(1)(5) Building Heights and Transitions. 1, 2, 3 (C)Main Building 4 – 5 stories max. 43 3 – 4 stories max. 4,53 3 – 4 stories max. 43 3 stories max.- Residential 8’10’ min. clear 8’min10’ min. clear 9’min10’ min. clear Ceiling Height; Upper Floors (F) Retail or Service 10’ min. clear 10’ min. clear 10’ min. clear Residential <10’ from ROW 18” min.6” max. 18” min.6” max. 24” min.6” max. Residential ≥10’ from ROW 6” max. 18” min.6” max. 6” max. Footprint Depth Ground Floor Space: Commercial Retail or Professional Service 50’ min. 30’40’ min. 40’ min. Width 24’ max. 24’ max. 40’min.24’ max. Distance Between Front Entries: Entries to Upper Floor(s) 100’ max. 100’ min.max. 100’ min.max. 100’min.- 67 Revised October 2022September 2025 Place Type: Mixed Use Urban Center 6 4 On corner lots, the BTL must be defined by a building for the first 50’ of the corner. 7 5 Where existing building are is in front of the regulated setback, the building may be set to align with the façade of the most immediate adjacent property. 8 6 No side setback required along the common lot line between Townhouses or duplex building types. Building Placement 4, 5 Front (F) 6,7 Setbacks 6 8 68 Revised October 2022September 2025 Place Type: Mixed Use Urban Center 9 All garages shall be screened along the front and the side street by habitable space. 10 7 See Section 20.110.014(g) Parking for uses not listed, general parking standards, adjustments and alternatives. 11 8 No parking spaces required for affordable housing developments for the first 2,000 sf. 12 9 No spaces <3500 sf; 2 spaces/1000 sf above first 3500 sf. 13 10 Restaurants: 1500 sf, 1 space/150 sf; 1501 – 5000 sf, 1 space/100 sf 11 Driveway to individual units shall be no greater than 20 feet in width. 9 107, 8 Residential Uses See Table 20.110-711 Retail or Service Uses: 12,139, 10 < 3,500 sf No Spaces Required No Spaces Required No Spaces Required No Spaces Required- >3,500 sf 1/1000 sf max. 2/1000 sf min. 1/1000 sf min. 1/1000 sf min.- Front Setback (J) 50’ from BTLmin. 40’ min. -40’ min. 30’min.- Side Street Setback (K) 10’ min. 10’max. 6’10’ min -10’ min. 10’min.- Side Setback (L) 0’5’ min. 0’5’ min. -5’ min. 0’- Rear Setback (M) 10’5’ min. 5’ min. -5’ min. 5’min.- 11Parking Drive Width: (N) Front <40 spaces 20’ – 24’ 20’ – 24’ -20’ – 24’ 20’ – 24’- Front ≥40 spaces 20’ – 24’ 20’ – 24’ -20’ – 24’ 20’ – 24’- Side Street/Alley 20’ – 24’ 20’ – 24’ -20’ – 24’ 20’ – 24’- 69 Revised October 2022September 2025 Place Type: Mixed Use Urban Center 14 12 Maximum allowed encroachments. See section 20.110.014(d) Frontage Types for further details related to allowed encroachments for frontage elements. 15 13 Encroachments into the ROW require the Director’s approval. Encroachments are not allowed in an alley ROW or across a lot line. Front (O) 14’10’ max. 14’10’ max. 8’ max. 10’max.- Allowed Frontage Types 70 Revised October 2022September 2025 Place Type: Mixed Use Urban Center Use Table T5-MS T5-F T5N-LV T5N-MV Land Use – Neighborhood Corridor Residential Residential Dwelling: Attached ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- Detached SUP/CUP- SUP/CUP- SUP/CUP SUP/CUP- Multi-Family ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- Accessory Dwelling - - SUP/CUP- - Home Occupation SUP/CUPP SUP/CUPP SUP/CUPP SUP/CUP- Retail General Commercial Retail: Floor Area <10,000 sf ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- Floor Area ≥10,000 sf SUP/CUP SUP/CUP SUP/CUP SUP/CUP- Restaurant/Bar Eating or Drinking: Floor Area <10,000 sf ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- Floor Area ≥10,000 sf SUP/CUP SUP/CUP SUP/CUP SUP/CUP- Drive Thru Services - SUP/CUP - - Outdoor Entertainment SUP/CUP SUP/CUP - - Services Animal Veterinary Services (No Boarding) ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- Boarding - - - - Bank/Financial ZON/SUP/CUP SUP/CUP SUP/CUP - Drive Thru Services - SUP/CUP - - Day Care Center -ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- Lodging: Bed and Breakfast SUP/CUP SUP/CUP SUP/CUP SUP/CUP Hotel/Inn SUP/CUP -SUP/CUP SUP/CUP - Medical: Medical Clinic ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- Doctor/Dentist Office ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- Office: Office – Professional Office ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- Personal Services ZON/SUP/CUP ZON/SUP/CUP ZON/SUP/CUP SUP/CUP- Recreation, Education, Public Assembly Meeting Facilities SUP/CUP SUP/CUP - SUP/CUP 71 Revised October 2022September 2025 P Permissible P = Permissible with a Building Permit and/or Business License depending on the use. ZON Zoning Permit ZON = Mixed-Use Project contains 1-19 units and commercial and Commercial Only buildings on previously subdivided lot. SUP Special Use Permit SUP = Mixed-Use Project contains 1-49 units and commercial. CUP Conditional Use Permit CUP = Mixed-Use Project contains 50 or more units and commercial. - Prohibited Use Uses not listed are specifically prohibited unless the Director interprets that a use is consistent pursuant to this Code. Permits per AMC Chapter 20.16 See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for use type definitions. Park, Open Space, Playground, Recreation Facility, or Outdoor Recreation with Development Permit -P -P SUP/CUPP SUP/CUP- Recreation Facility: Indoor ≥1,500 sf Agriculture Industry, Manufacturing, and Processing Transportation, Communication, Infrastructure Wireless Telecommunications (Chapter 20.44.034): Antenna ≥20’ Accessory 72 Revised October 2022September 2025 73 Revised October 2022September 2025 74 Revised October 2022September 2025 75 Revised October 2022September 2025 20.110.014(c) (5) Place Types Place Type: Special District-1 – Island Crossing Subarea Plan, Island Crossing Planned Action Ordinance and Chapter §20.119. Location: State Route 530 from Interstate 5 to Smokey Point Boulevard and along Smokey Point Boulevard from 200th Street to State Route 530. SD-1 Intent: Special District 1 To provides for commercial development consistent with existing contextthe Island Crossing Subarea Plan. Topography, floodplain and floodway regulations will likely limit development to larger scale commercial operations which are directly related to freeway visibility with easy access to interstate and international highway networks. Characteristics: Mix of Commercial Style Buildings Up to 5 Stories Medium to Large Volume Massing Ground Level First Floors Primarily Storefront Entries Small to Medium Setbacks Larger Parking Areas Behind Buildings Key Features: Primarily a mix of freeway related, auto oriented commercial activity, generally fuel sales, restaurants, motels, and travel centers. Street Types: Passage, Mixed Use Street, Alley, and Mixed-Use Avenue Place Type: Special District-2 – Arlington-Marysville Manufacturing Industrial Center Subarea, Cascade Industrial Center Planned Action Ordinance, and Chapter §20.118. Location: North side of State Route 531 from approximately 43rd Avenue to 51st Avenue SD-2 Intent: Special District 2 is totally contained on Airport property. As such, it is subject to several layers of Federal regulations. To prevent the potential for incompatible land uses adjacent to airports, these regulations prohibit inclusion of residential units on airport property. However, this area is ideally suited for a mix of highway oriented commercial activity that is appropriate to the intensities of adjoining development. Characteristics: Mix of Commercial Style Buildings Up to 4 Stories Building At or Close to ROW Ground Level First Floors Primarily Storefront Entries Small to No Side Setbacks Larger Parking Areas Behind Buildings Medium Volume Massing Key Features: To provide a mix of non-residential commercial uses compatible with adjacent mixed use residential to the West and Business Park development to the North and East. Street types: Passage, Alley, Residential Avenue, and Mixed-Use Avenue 76 Revised October 2022September 2025 Place Type: Special District Allowed Building Types SD-1 SD-2 Lot Width(A) / Depth (B) Width(A) / Depth (B) Courtyard Building Flex Building Live/Work - Main Street Building Mid Rise - 77 Revised October 2022September 2025 Place Type: Special District 1Subject to the height limitations of the Federal Aviation Regulations Part 77 limitations of the Airport Protection District (AMC 20.38) Building Form SD-1 SD-2 Height Main Building: (C) 5 stories max. 4 stories max.1 1 78 Revised October 2022September 2025 Place Type: Special District Building Placement SD-1 SD-2 Build-to-Lines Front (F) 0’min. 10’max. 0’ Side Street (G) 0’min. 10’max. 0’ BTL Defined by a Building: Front 90% min. 40% min. Side Street 75% min. 50% min. Side: Main Building 0’min. 0’min. Accessory Building 5’min. 0’min. Setbacks Front (F) - - Side Street (G) - - Side: (H) - - Main Building - - Accessory Structure - - Rear: (I) - - Main Building - - Accessory Structure - - 79 Revised October 2022September 2025 Place Type: Special District Residential Uses See Table 20.110-7 Front ≥40 spaces 80 Revised October 2022September 2025 Place Type: Special District Front (O) 14’max. 14’max. 81 Revised October 2022September 2025 Place Type: Special District Floor Area ≥10,000 sf Floor Area ≥10,000 sf 82 Revised October 2022September 2025 Key Use Table Notes SUP = Project contains 1-49 units and CUP = Project contains 50 or more units. Projects processed per regulations of AMC Chapter 20.16. SD-1 SD-2 Land Use – Neighborhood Corridor Park, Open Space, Playground SUP/CUP SUP/CUP Public Safety Facility SUP/CUP SUP/CUP Recreation Facility: Indoor <1,500 sf SUP/CUP SUP/CUP Indoor ≥1,500 sf SUP/CUP SUP/CUP Outdoor SUP/CUP - Religious Assembly SUP/CUP - School: Public or Private - SUP/CUP Studio: Art, Music, Dance SUP/CUP SUP/CUP Agriculture Community Gardens - - Farmer’s Market SUP/CUP SUP/CUP Industry, Manufacturing, and Processing Artisan Production SUP/CUP SUP/CUP Limited Production SUP/CUP SUP/CUP Furniture and Fixture Manufacturing SUP/CUP SUP/CUP Media Production SUP/CUP SUP/CUP Printing and Publishing SUP/CUP SUP/CUP Transportation, Communication, Infrastructure Parking Facility: Public or Private SUP/CUP SUP/CUP Utility SUP/CUP SUP/CUP Wireless Telecommunications: Antenna <20’ - SUP/CUP Antenna ≥20’ - SUP/CUP Facility - SUP/CUP Accessory Accessory Building Structure SUP/CUP SUP/CUP 83 Revised October 2022September 2025 84 Revised October 2022September 2025 85 Revised October 2022September 2025 20.110.014(d) Private Frontage Types Table 20.110-2 Frontage Types and Examples Description Lot ROW Lot ROW Allowed Not Allowed Common Yard:substantially from the frontage line. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape. The setback can be densely landscaped to buffer from the higher speed thoroughfares. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 : The main façade of the building is setback a small distance and the frontage line is defined by a low wall or hedge, creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and is intended for ground-floor residential. A frontage wherein the facade is set back from the frontage line with an elevated garden or terrace permitted to encroach. This type can effectively buffer residential quarters from the sidewalk, while removing the private yard from public encroachment. The terrace is T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 : The main façade of the building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area within retail or service areas. A frontage wherein a portion of the facade is close to the frontage line and the central portion is set back. The fore- court with a large tree offers visual and environmental variety to the urban street streetscape. The forecourt T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 : A frontage wherein the facadeThe main façade of the building is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This type is conventional for retail use. The gallery shall be no less than 10 feet wide and may overlap the whole width of the sidewalk to within 2 feet of the curb. Notwithstanding the graphic, encroachments will not be permitted. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 86 Revised October 2022September 2025 Description Lot ROW Lot ROW Allowed Not Allowed Porch Engaged: medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The engaged porch has two adjacent sides of the porch that are engaged to the building while the other two sides are open. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 The main façade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The projecting porch is open on three sidessides, and all habitable space is located behind the setback line T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Shopfront and Awningthe frontage line with an at-grade entrance along the public way. This type is intended for retail use. A frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 : The main façade of the building is near the frontage line, and the elevated stoop engages the sidewalk. The stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side loaded. This type is appropriate for residential uses.A frontage wherein the facade is aligned close to the frontage line with the first story elevated from the sidewalk sufficiently to secure privacy for the windows. The entrance is usually an exterior stair and landing. This T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 The main façade of the building is at or near the frontage line with an elevated terrace providing public circulation along the façade. This type can be used to provide at-grade access while accommodating a grade change. Frequent steps or ramps up to the terrace are necessary to avoid dead walls and maximize access. 87 Revised October 2022September 2025 Common Yard Section Plan Lot Lot A. Description In the Common Yard frontage type, the main façade of the building has a large, planted setback from the frontage line providing a buffer from the higher speed thoroughfares. The front yard created remains unfenced and is visually continuous with adjacent yards, supporting a common landscape and working in conjunction with the other private frontages. B. Size Depth (A) 20’ min. C. Miscellaneous (B) between the sidewalk and front yard are not allowed. (C) conjunction with another allowed frontage type, such as the Porch Frontage Type. 88 Revised October 2022September 2025 Dooryard Section Plan C. Miscellaneous For live/work and Commercial uses, these standards are to be used in conjunction with those for shopfront Frontage Types. In case of conflict between them, the Dooryard shall not be used for circulation for more than one ground 1 For Live/Work and Commercial uses only. Lot Lot A. Description The frontage line is defined by a low wall or hedge and the main façade of the building is set back a small distance creating a small dooryard. In the Dooryard Frontage Type, the main façade of the building is set back a small distance and the frontage line is defined by a low wall or hedge, creating a small dooryard. The dooryard shall not provide public circulation along a ROW. The dooryard may be raised, sunken, or at grade and is intended for ground-floor residential, live/work, and small commercial uses < 2500sf. B. Size Distance between glazing (C) 4’ max. 1Depth of recessed entries 5’ max E C B D C 89 Revised October 2022September 2025 Forecourt Section Plan Lot ROW Lot ROW A. Description In the Forecourt Frontage Type, The the main façade of this building is at or near the frontage line and a small percentage is set back, creating a small court space. The space could be used as an entry court or shared garden space for apartment buildings, or as an additional shopping or restaurant seating area. within retail and service areas. B. Size Width, clear (A) 12’ min. C. Miscellaneous Forecourts should be used sparingly and should not be repeated along a block frontage. for solar orientation and user comfort. B B 90 Revised October 2022September 2025 Gallery Section Plan Lot ROW Lot ROW A. Description The main façade of the building is at the frontage line And the gallery element overlaps the sidewalk. In the Gallery Frontage Type, the main façade for the building is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This Type is conventional for retail use. The gallery shall be no less than 10 feet wide and may overlap the whole width of the sidewalk to within 2 feet of the curb. This Type is intended for buildings with ground floor commercial uses and may be one or two stories. The gallery should provide the primary circulation along a frontage and extent far enough from the building to provide adequate protection and circulation for pedestrians. Notwithstanding the graphic, encroachments will not B. Size Depth, clear (A) 8’ min. Height (D) 2 stories, max C. Miscellaneous These standards are to be used in conjunction with those for the Shopfront Frontage Type. In case of conflict between them, the gallery standards shall prevail. 91 Revised October 2022September 2025 Porch Engaged Section Plan C. Miscellaneous Up to 40% of the building façade may project beyond the setback line into the encroachment area for this frontage In transect zones where both porches and encroachments are allowed, a porch and up to 40% of the building façade are allowable encroaching elements. Lot ROW Lot ROW A. Description In the Porch: Engaged Frontage Type, The the main façade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The engageengaged porch has two adjacent sides of the porch that are engaged to the building while the other two sides are open. B. Size Width, clear (A) 10’ 8’ min. Height 2 stories, max 4’ x 6’ min.18” max. Path of travelFurniture Area, Clear (E) 3’ wide, min.4’ x 6’ min. C D B G E B F 92 Revised October 2022September 2025 Porch Projecting Section Plan Lot ROW Lot ROW A. Description In the Porch: Projecting Frontage Type, The the main façade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The projecting porch is open on three sidessides, and all habitable space is located behind the setback line. B. Size Width (A) 10’ 8’ min. Height, clear (C) 8’ min. Height 2 stories, max 4’ x 6’ min.18” max. Path of travelFurniture area, clear (E) 3’ wide, min.4’ x 6’ min. C. Miscellaneous Projecting porches are open on three sides and must have a roof. In transect zones where both porches and encroachments are allowed, a porch is an allowable encroaching element. B E E F B 93 Revised October 2022September 2025 B Shopfront Section Plan Lot ROW Lot ROW In the Shopfront Frontage Type, The the main façade of the building is at or near the frontage line with an at-grade entrance along the public way. This type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning that may overhang the sidewalk. It may be used in conjunction with other frontage types. B. Size 75% min. Depth of recessed entries 5’ max. C. Awning Depth (B) 4’ min. Setback from curb (C) 2’ min. D. Miscellaneous Shopfronts with accordion-style doors/windows or other operable windows that allow the space to open to the street are encouraged. 94 Revised October 2022September 2025 Stoop Section Plan Lot ROW Lot ROW A. Description In the Stoop Frontage Type, The the main façade of the building is near the frontage lineline, and the elevated stop engages the sidewalk. The Stoop shall be elevated above the sidewalk to ensure privacy within the building. Stairs or ramps from the stoop may lead directly to the sidewalk or may be side loaded. This type is B. Size Height, clear (C) 8’ min. Height 1 story, max Depth of recessed entries (D) 6’ max. C. Miscellaneous Stairs may be perpendicular or parallel to the building façade. Ramps shall be parallel to the building façade or along the side of the building. Gates are not permitted. All doors must face the street. B B 95 Revised October 2022September 2025 Terrace Section Plan Lot ROW Lot ROW In the Terrace Frontage Type, the main façade is at or near the frontage line with an elevated terrace providing public circulation along the façade. This type can be used to provide at grade access while accommodating a grade change. Frequent steps or ramps up to the terrace are necessary to avoid dead walls and maximize access. B. Size Finish level above sidewalk (B) 3’6” max. C. Miscellaneous These standards are to be used in conjunction with those for the Shopfront Frontage Type. In case of conflict between them, the Terrace Frontage Type standards shall prevail. Low walls used as seating are encouraged. B B 96 Revised October 2022September 2025 20.110.014(e) Building Types This Subsection provides an overview of the allowed building types. The names of the building types are not intended to limit uses within a building type. For example, a detached house may have non-residential uses within it, such as a restaurant or office. Table 20.110-2 3 (Building Types General) provides an overview of building types. 1. The lot size standards for each building type are codified in the transect zones. (See 20.110.014(c), Place Types). The lot size designates the range of lot sizes on which the given building type is allowed to be built. If the lot is smaller or larger than the allowed lot size, a different building type shall be selected. 2. Each lot shall only have one building type, except as follows: i. Where allowed by the applicable zone in Section 20.110.014(c) (Place Types) and primary building type, one Carriage House is also allowed; and/or: ii. More than one building type is allowed on a lot if the submitted building permit application includes a site plan that meets all the requirements of Section 20.110.014(c) (Place Types). 3. The Carriage House building type is the only accessory structure in which accessory dwelling units are allowed in transect zones. 4. Secondary wings and accessory structures shall have a smaller footprint, a narrower width, and a depth not greater than the main building. 97 Revised October 2022September 2025 Table 20.110-3 Building Types – Allowed Transect Zonesand Examples Example Photo Description Carriage House. either a small residential unit, home office space, storage, or other small commercial or service use that may be above a garage or at ground level. This type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Cottage Court. define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear yard and becomes an important community-enhancing element of this type. This type is appropriately scaled to fit within primarily single-family or medium- density neighborhoods. It enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Courtyard Building. structure consists of multiple stacked and/or adjacent units accessed primarily from a courtyard defined on three sides by the building and open on one side to the fronting street. The shared courtyard provides a place of common yard or gathering space. The courtyard building would be best suited along a main street or in higher density neighborhoods. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Duplex, Vertical. dwelling units, both facing the street and within a single building massing. This type has the appearance of a medium to large single-family home and is appropriately scaled to fi t within primarily single-family neighborhoods or medium-density neighborhoods. It enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Flex. incorporatesincorporate structured parking. It can be used to provide a vertical mix of uses with ground floor light industrial, service, or retail uses and upper floor service or residential uses. or may be a single use building for retail and allowed service with a retail component. The ground floor can be initially used for residential until the commercial market matures at which time the space can be converted to higher commercial use. This type is a primary component of an urban flexible neighborhood that provides a mix of buildings that can readily change use over time. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Live/Work. unit above and/or behind a flexible ground floor space that can be used for residential, service, or retail uses. In limited situations, this building type can be used for some incubator light industrial application. Both the ground-floor flex space and the unit above are owned by one entity. This type is typically located within medium-density neighborhoods or in a location that transitions from a neighborhood into a neighborhood main street. It is especially appropriate for incubating neighborhood-serving retail and service uses and allowing neighborhood main streets to expand as the T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 98 Revised October 2022September 2025 Example Photo Description Main Street Mixed-Use. typically attached, intended to provide a vertical mix of uses with ground-floor retail, or service uses and upper-floor service, or residential uses. This type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore being a key component to providing walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Mid-Rise. incorporates structured parking. It can beis used to provide a vertical mix of uses with ground-floor retail, or and service uses, with and upper-floor service, or residential uses.; or it may be used as a single-use building, typically service or residential, where ground floor retail is not appropriate. This type is a primary component of a downtown main street, neighborhood main street, and higher densities that promote walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Multi-Plex: Medium dwelling units typically with one shared entry or individual entries along the front. This type has the appearance of a medium to large -sized family home and is appropriately scaled to fit sparingly within primarily single-family neighborhoods or into medium-density neighborhoods. This type enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Multi-Plex: Large. and/or stacked dwelling units, typically with one shared entry. This type is appropriately scaled to fit in within medium-density neighborhoods or sparingly within large lot predominantly single-family neighborhoods. This type enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Row House / Townhouse. 83-10 row houses /townhouses placed side-by-side in one building. This type is typically located within medium-density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. This type enables appropriately scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 Stacked Flats. without first floor commercial retail. accessed from a courtyard or series of courtyards. Each unit may have its own individual entry or may share a common entry. This type is appropriately scaled to fi tfit adjacent to neighborhood serving main streets and walkable urban neighborhoods. It enables appropriately- scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. This building type may include a courtyard. T4-MS T4-F T4N-SV T4N-MV T5-MS T5-F T5N-LV T5N-MV SD-1 SD-2 99 Revised October 2022September 2025 Carriage House A. Description H. Private Open Space The carriage House building type is an accessory structure typically located at the rear of a lot. This structure typically provides either a small residential unit, storage space, home office space, or other small commercial or service use that may be above a garage or at ground level. This building type is important for providing affordable housing opportunities and incubating small businesses within walkable neighborhoods. The private open space requirements for the lot shall be determined by the main building on the lot. No additional private open space is required by a carriage house. E. Allowed Frontage Types frontage type. F. Pedestrian Access Alley be through a garage. B. Lot G. Vehicle Access and Parking has is an existing residential single-family residential use. and is one of the following building types: Duplex, street or front street. C. Number of Units when there are no adjacent alley or side street. Miscellaneous footprint than the main building on the lot. D. Building Size and Massing Height Footnotes Main Body building by an uninhabitable space such as a breezeway. Separation from Main Building (C) 10’ min. 1 100 Revised October 2022September 2025 Cottage Court The cottage court Building Type consists of a series of small, detached structures, providing multiple units arranged to define a shared court that is typically perpendicular to the street. The shared court takes the place of a private rear and becomes an important community enhancing element of this type. The type is appropriately scaled to fit within primarily single family or medium density neighborhoods. It enables appropriately scaled, well designed higher densities and is important for providing a broad choice of housing types, the potential for affordable housing and the promotion of walkability. Width (D) 20’ 20’ min. Depth (E) 20’ 100’ min. Area 400 2,000 sf per unit min. 20.110.014(h)(7) D. Allowed Frontage Types StoopPorch: Engaged E. Pedestrian Access Front Street B. Number of Units Units per Building 1 max. Cottage Buildings per Lot 3 min.: 9 max. Miscellaneous Required street setbacks and driveways shall not be included in the private open space calculation. 1-1/2 stories max. Width (A) 32’ max. Depth (B) 24’ max. 101 Revised October 2022September 2025 Courtyard Building The Courtyard building type is a medium to large building typically located at the front of a lot. The structure consists of multiple stacked and/or adjacent units accessed primarily from a courtyard defined on three sides by the building and open on one side to the fronting street. Private Areas: No private open space requirement, however balconies and patios are encouraged. G. Common Areas Courtyard area shall be common open space. Common Areas: Courtyard dimensions in (B). Common Areas: 5% of the entire development per 20.110.014(h)(7) D. Allowed Frontage Types Forecourt Porch: Projecting E. Pedestrian Accessto the public right of ways, courtyards, and parking areas directly off of a courtyard or street. B. Courtyard (s) On corner lots, units in side street facing wing may enter from the side street. street. Miscellaneous 1 by the building. Minimum 75% of units shall front onto the courtyard. Area Total max. C. Building Size and Massing Main Body Footprint Footnotes Wing Footprint 1 each transect. Width (F) 28’ max. Depth (G) 50’ max. 102 Revised October 2022September 2025 Duplex, Vertical The Duplex Building Type is a small to medium sized structure that consists of two side by side or stacked dwelling units, both facing the street, and within a single building massing. This type has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single familysingle-family neighborhoods or medium density neighborhoods. It enables appropriately scaled, well designed higher densities and is important for providing a broad choice of housing types and promoting neighborhood walkability Common Areas: 5% of the entire development per 20.110.014(h)(7) D. Allowed Frontage Types E. Pedestrian Access Front Street Each unit shall have an individual entry facing the street on or no more than 10’ behind the On corner lots each unit shall front a different street. B. Number of Units Units per Building 2 max. Duplexes per Lot 1 max. Required street setbacks and driveways shall not be included in the private open space area calculations. C. Building Size and Massing Height Per transect zone standards in Section 20.110.014(c). Required private open space shall be located behind the main body of the building. Secondary Wing (S) Width (B) 30’ max. 103 Revised October 2022September 2025 Flex Building The Flex building type is a medium to large sized structure, 1 to 3 stories tall, build ofbuilt on a large lot that may incorporates structured parking. It can be used to provide a vertical mix of uses with ground floor light industrial, service, or commercial retail or allowed service uses and upper floor service or residential uses; or may be a single use building for commercial retail and/or allowed service use. The ground floor can be initially used for residential until the commercial market matures at which time the space can be converted to higher commercial use. This type is a primary component of an urban flexible neighborhood that provides a mix of buildings that can however balconies are encouraged. Common Areas: 5% of the entire development per 20.110.014(h)(7) D. Allowed Frontage Types E. Pedestrian Access (D):along the front street or side street. B. Number of Units Miscellaneous Unrestricted C. Building Size and Massing Height 2 1 story min.: 4 3 story max. Height shall also comply with transect zone standards in Section 20.110.014(c). Main Body Width (A) 150’ max. Secondary Wing (s) Width (B) 60’ max. Depth (C) 60’ max. 104 Revised October 2022September 2025 Live / Work The Live/Work building type is a small to medium sized attached or detached structure that consists of one dwelling unit above and/or behind a flexible ground floor space that can be used for residential, service, or retail uses. In limited situations, this building type can be used for some incubator light industrial applications as well. Both the ground floor flex space and the unit above are owned by one entity. This type is typically located within medium density neighborhoods or in a location that transitions from a neighborhood into a neighborhood main street. It is especially appropriate for incubating neighborhood serving retail and service uses and allowing neighborhood main streets to expand as the 20’ 10’ min. Common Areas: 5% of the entire development per 20.110.014(h)(7) D. Allowed Frontage Types E. Pedestrian Access B. Number of Units Footnotes 1 Height shall also comply with transect zone standards in Section 20.110.014 (c) Units per Building 4 10 max. Live / Work Buildings per Lot 2 max. C. Building Size and Massing Height 2 stories maxmin. 1 Main Body Width (A) 18’ min.: 36’ 35’ max. 105 Revised October 2022September 2025 Main Street Building A. Description F. Private Open Space The Main Street Mixed Use building type can range from a small to large sized structure,is a small to medium sized structure, typically attached, intended to provide a vertical mix of uses with ground floor retail or service uses and upper floor service or residential uses. This type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore being a key component to a walkable quality place. however balconies are encouraged. 20.110.014(h)(7) DC. Allowed Frontage Types ED. Pedestrian Access building shall be accessed by a common (E) entries along the front street or side (F) wing/accessory structure may enter from B. Number of Units Footnote 1 Height shall also comply with transect standards in Section 20.110.014 (c) CB. Building Size and Massing 2 stories min. 5 stories max. 1 Main Body Width (A) 150’ max. Secondary Wing (s) Width (B) 100’ max. Depth (C) 65’ max. 106 Revised October 2022September 2025 Mid-Rise This building type is medium to a medium-to large-sized structure, built on a large lot that typically incorporates structured parking. It can be used to provide a vertical mix of uses with ground-floor retail, or service uses and upper-floor service, or residential uses; or it may be used as a single-use building, typically service or residential, where ground floor retail is not appropriate. This type is a primary component of a downtown main street and higher however balconies are encouraged. Common Areas: Courtyard dimensions in (G). Common Areas: 5% of the entire development per 20.110.014(h)(7) D. Allowed Frontage Types E. Pedestrian Access Upper-Floor (D) a common entry along the Ground-Floor (E) entries along the front street or side street. B. Number of Units G. Courtyard (s) Unrestricted C. Building Size and Massing Width (F) Height Width-to-Height Ratio 1:2 to 2:1 Per transect zone standards in Section 20.110.014(c). Depth (G) 20’ min.; 150’ max. Main Body Depth-to-Height Ratio 1:1 to 3:1 Floors 1-2 Width (A) 150’ max. Depth (B)150’ max. The floorplate of any floor may not be larger than the floor below. 107 Revised October 2022September 2025 Multi-Plex: Medium The Multiplex Medium building type is a medium structure that consists of a maximum of 10 side by side or stacked dwelling units, typically with one shared entry or individual entries along the front. This type has the appearance of a medium sized family home and is appropriately scaled to fit sparingly within primarily single-family neighborhoods or into medium density neighborhoods. This type enables appropriately scaled, well designed higher densities and is important for providing a broad choice of housing types, particularly affordable housing, and promoting local walkability. Width (F) 8’ min.. Common Areas: 5% of the entire development per 20.110.014(h)(7) D. Allowed Frontage Types E. Pedestrian Access Each unit may have an individual entry. B. Number of Units Units per Building 10 max. Small Medium Multiplex per Lot 1 max. The footprint area of an accessory structure may not exceed the footprint of the main body of the building. C. Building Size and Massing Height Per transect zone standards in Section 20.110.014(c). Main Body Required street setbacks and driveways shall not be included in the private open space calculation. Secondary Wing (s) Required private open space shall be located behind the main body of the building. 108 Revised October 2022September 2025 Multi-Plex: Large The Multiplex: Large building type is a medium to large size structure that consists of 11 or more side by side and/or stacked dwelling units, typically with one shared entry. This type is appropriately scaled to fit within medium density neighborhoods or sparingly within large lot predominately single-family neighborhoods. This type enables appropriately scaled, well designed higher densities and is important for providing a broad choice orof housing types, including the potential for affordable housing, and promoting walkable neighborhoods. however balconies are encouraged. Common Areas: 5% of the entire development per 20.110.014(h)(7) D. Allowed Frontage Types E. Pedestrian Access Each unit may have an individual entry. B. Number of Units Miscellaneous exceed the footprint of the main body of the building. C. Building Size and Massing Per transect zone standards in Section 20.110.014(c). Main Body Units located in the main body shall be accessed by a common entry along the front street. Secondary Wing (s) On corner lots, units in a secondary wing may enter from the side street. 109 Revised October 2022September 2025 Row House / Townhouse A. Description F. Private Open Space The Row House/Townhouse building type is a small to medium sized typically attached structure that consists of 3-10 Row Houses palace placed side by side. They may also be detached with minimal separation between the buildings. This type is typically located within medium density neighborhoods or in a location that transitions from a primarily single-family neighborhood into a neighborhood main street. The type enables appropriately scaled, well designed higher densities and is important for providing a broad choice of housing types and price ranges as well as promoting walkable neighborhoods. Common Areas: 5% of the entire development per 20.110.014(h)(7) D. Allowed Frontage Types E. Pedestrian Access Front Street street. B. Number of Units Miscellaneous Units per Row House / Townhouse 1 max. per floor Row Houses / Townhouses per Lot 1 min. included in the private open space area calculation. C. Building Size and Massing Height Per transect zone standards in Section 20.110.014(c). Main Body Required private open space shall be located behind the main body of the building. 36’ max. 110 Revised October 2022September 2025 Stacked Flats A. Description F. Private Open Space The stacked flats building type is A a medium to large sized structure that consists of multiple dwelling units with or without first floor commercial retail. accessed from a courtyard or series of courtyards. Each unit may shave its own individual entry or may share a common entry. This type is appropriately scaled to fit adjacent to local serving main streets and walkable urban neighborhoods. It enables appropriately scaled, well designed higher densities and is important for providing a broad choice of housing types, including affordable housing, and promoting neighborhood walkability. This building type may include a courtyard. however balconies are encouraged. Common Areas: 5% of the entire development per 20.110.014(h)(7) D. Allowed Frontage Types E. Pedestrian Access (C): Courtyards shall be accessible from the front street. Each unit may have an individual entry. B. Number of Units Courtyard (s) C. Building Size and Massing Width/Height Ratio 1:2 min.; 3:1 max. see footnote 1 Main Body Depth/Height Ratio 1:2 or 3:1 Width (A) 280’ max. Area (Total) 400 sf min. Depth (B) 220’ max. 50 sf min per unit 1standards in Section 20.110.014 (c) 111 Revised October 2022September 2025 20.110.014(f) Block, Thoroughfare and Public Rights of Way Standards All new construction, reconstruction, and reconfiguration of blocks, streets, rights-of-way, or public frontages must comply with this section and the City of Arlington Public Works Construction Standards. 1. Block Standards General The development block is the land area defined and enclosed by the street grid. It can vary considerably in shape and size according to the configuration of streets, preferred orientation and topography, as well as the nature of individual development projects and the building types that are to be accommodated. The majority of land area contained within Arlington’s Quality Places is either undeveloped or poised for redevelopment. The existing street grid in these areas is similarly either broadly defined, or undefined. For this reason, precise, quantitative block sizes and shapes will be determined as development progresses in these areas. As this development occurs, block sizes, shapes, and orientations will conform to the following standards: i. Face the Street. The most fundamental requirement in structuring predictable build form within development blocks is to make a clear distinction between public fronts and private backs. Buildings which front streets, squares and parks present their public face to the outside world and give life to it. Public fronts and private backs are made distinct when primary access is from the street, the principal frontage. Both Private Frontage types (Section 20.110.014(d) Frontage Types) and Public frontage typesrights-of-way standards (Section 20.110.014(f) (2)) will be followed in the design and configuration of development blocks. ii. Respect privacy. The distance between backs of properties needs to be considered in terms of privacy. Individual lot depths and building placement isare detailed in Section 20.110.014(c) Place Types. iii. Line the Perimeter. Lining the edges of blocks with a perimeter of buildings accommodates a diversity of building types and uses at medium to high densities, while ensuring that buildings relate positively to the public realm. As a general rule, a perimeter depth of 35 feet for fine-grained mixed use or housing and 70 feet for retail/commercial development provides a starting point and can be refined to reflect specific planned building types. iv. Provide continuity of street frontage. Particularly along Main Streets, a directdirect frontage to pavement relationship assists commercial viability and street vitality. Continuous building lines along a block edge are more successful at providing good enclosure to a street or park and generating “active frontage” with frequent doors and windows animating the public realm. Use continuous frontagesfrontage as far as possible, by adhering to a common building line. Where a looser framework of buildings is required, these are best absorbed into the perimeter block, positioned near to the street with walls, fences, and other landscape features used to close the visual gaps. Projections and setbacks from the building line can be used to add emphasis, but the function of the resulting spaces must be clearly defined. v. For walkability and connectivity, smaller blocks are preferred. 1. In considering the optimum size of development blocks, a trade-off has to be struck between: a. Ease of access. b. The ability to sustain a variety of building types and uses. c. The ability to change and adapt over time. 2. A general guide to block sizes is that blocks widths of 350 feet to 450 feet enable this trade-off to be achieved in a variety of different urban locations and circumstances, reducing to 200 feet to 250 feet along centers of commercial activity. vi. Block Shape. Square blocks generally offer the most flexible basis for accommodating a range of commercial and residential buildings and more options for internal treatment. Rectangular blocks with depths of over 450 feet are more suitable for larger buildings, such as factories and warehouses, and more properly belong in industrial and general commercial areas. 112 Revised October 2022September 2025 Rectangular blocks of 250 feet in width and up to 300 feet in depth oriented with their short side onto the main street are beneficial in increasing connectivity with the surrounding neighborhoods and providing more crossings and intersections, which serve to slow traffic, making it easier and safer for pedestrians and cyclists. Residential buildings are able to line the quiet sides of the block. Irregular blocks can be molded to respond to topography and the creation of focal points such as parks or trails with building frontages that are not necessarily parallel. vii. Connectivity: The size and shape of urban blocks exert a defining influence on connectivity. Ideal urban connectivity is a balance of factors influencing ease of travel by automobile, bicycle, public transit, and by foot. The City recognizes the importance of multi-modal transportation through its Complete Streets Program. Although precise measurements of connectivity are difficult, there exist a number of urban design elements which, where employed, have demonstrated improvement in multi-modal access. The following block standards (Table 20.110-4) will apply to both new and re-development within the Mixed-Use Overlays. In re-developed areas, if local conditions, such as topography or existing street configuration prevents strict adherence to the standards, alternate methods that provide comparable connectivity may be employed with approval of the Director. Table 20.110-4 Block Standards 2. Public Rights-of Wayof- Way Standards General A right-of-way must be designed in relation to topographic and drainage conditions, public convenience and safety, and the existing and proposed development served by the right-of- way. i. Accessibility 1. All public and private rights-of-way must conform to Public Right-of-Way Accessibility Guidelines (PROWAG) set forth by the United States Access Board. 2. All public and private vehicular rights-of-way must be complete streets, designed for safe, comfortable, and convenient movement both along and across rights-of-way by people of all ages and abilities, using multiple modes, consistent with the City’s complete streets policy. ii. Right-of-Way Types 1. All vehicular rights-of-way, whether publicly dedicated or privately held, must match one of the right-of-way types described by Section 20.110.014(f) (3), Thoroughfare Standards. 2. A vehicular, pedestrian, transit, or bicycle right-of-way type is a classification that reflects the general design parameters of the right-of-way, including, but not limited to, target speed, number of travel lanes, travel lane width, medians, and the width of certain elements of the pedestrian way are divided into the following: a. Pedestrian Passage. A pedestrian connector passing between or through buildings, providing shortcuts through long blocks and sometimes connecting rear parking areas with frontages. b. Alley. A vehicular drive usually located to the rear of lots providing access to service areas, parking, or accessory structures, and containing utility easements. c. Lane.Shared Use Trail. A narrow, slow movement thoroughfare, typically containing one travel lane in each direction. d. Street. A local thoroughfare of low speed and capacity. Transect Uninterrupted Block Length Mid-Block Break Type Primary Street Side Street 250 ft. max. Passage Alley 113 Revised October 2022September 2025 e. Avenue. A thoroughfare of medium/high vehicular capacity and low speed, which is often a short distance connector between neighborhood centers or an approach to a civic building. f. Boulevard. A long-distance thoroughfare that traverses an urbanized area and is designed for high vehicular capacity and moderate speed. g.f. Multiway BoulevardCorridor. A variation of a boulevard characterized Characterized by a central roadway for through traffic and parallel lanes accessing abutting property, back in parking, medians, transit, and pedestrian and bicycle facilities. iii. Right-of-Way Context. Rights-of-way must be consistent with the transect and the intended form and use of abutting property; i.e., a mixed-use right-of-way type would be consistent with a mixed-use zone, such as the T4-Main Street or T5N-Medium Volume zones. iv. Right-of-Way Parameters. The required parameters for the right-of-way types described in Section 20.110.014(f) (3) are subject to the following additional considerations: 1. The pedestrian way must be articulated with well-defined frontage, throughway, furnishing, edge, and extension zones, as applicable, in accordance with Section 20.110.014(f)(3). 2. Where installed, bicycle facilities must be in accordance with Section 20.110.014(f) (xiii) Bicycle Facilities 3. Where installed, medians must be in accordance with Table 20.110-5: Median Dimensions. TABLE Table 20.110-5: MEDIAN DIMENSIONSMedian Dimensions MEDIAN TYPE (MIN/PREFERRED) pedestrian refugeplanter 6'/8' 10'/14'12’ 12'/16'-18' way 4. Where curb parking is required, the curb parking must be provided to the maximum extent practicable on both sides of the vehicular way. Exceptions may be made for drop-off and loading zones, bus lanes/ busways, curb extensions and mid-block plazas, or enhanced pedestrian or bicycle facilities. 5. Street trees are required in accordance with Section 20.110.014(i) (3) (i), and 20.110.014(i) (5) (i) Required Landscaping. 6. Street lighting must be installed in accordance with Section 20.110.014(k) (2) Outdoor Lighting Standards v. Right-of-Way Construction. All right-of-way construction and repair must be in accordance with standards and specifications set forth by the Director of Public Works. Any right-of-way work requires a right-of- way work permit per AMC Section 20.60.030. vi. Public Use. All vehicular rights-of-way, whether publicly dedicated or privately held, must be available for public use at all times. Gated rights- of-way and rights-of-way posted as private are not permitted. The Director Public Works may waive this requirement for public safety purposes, to facilitate construction or events, or for rights-of-way which serve sensitive governmental facilities. vii. Waivers and Modifications. The Director of Public Works may waive or adjust the requirements of this section as follows: vii. Where a constrained right-of-way width, existing drainage patterns, or natural features, such as established trees, do not allow for the required dimensions of the right-of-way type, alternative dimensions may be approved, so long as the design of the right-of-way: 114 Revised October 2022September 2025 1. Accommodates required access for people with disabilities and access to adjacent uses and transit stops. 2. Ensures the safety, and facilitates the expected levels, of pedestrian activity. 3. Provides adequate protection for pedestrians. viii. Where the standards of this section are determined to not adequately protect the public health, safety, and welfare, alternative or additional standards may be applied. Pedestrian Facilities ix. Required Sidewalks 1. All development that involves new construction of a principal building, expansion of an existing principal building by 2,500 square feet or more, or substantial renovation of an existing principal building, must provide for sidewalks of the minimum dimensions prescribed by the right-of- way type per Section 20.110.014(f) (2) Rights-of Way Standards. Sidewalks must be installed, widened, or modified, as appropriate, prior to the issuance of a certificate of occupancy. 2. Sidewalks must be maintained in a state of good repair by the owner of the property fronting any thoroughfare in accordance with AMC Chapter 12.20.030 of the Municipal Code. 3. Sidewalks must be provided on both sides of all vehicular rights-of-way, except for alleys or where one side of the right-of-way is a steep vertical wall, railroad, or other feature to which the public does not require access. 4. Sidewalks must be paved with a fixedfixed, nonslip material. 5. Sidewalks must be as straight and direct as possible, except to avoid established trees or unavoidable obstacles. 6. Where sidewalks cross driveways, the throughway zone must remain level, with no change in cross-slope. The appearance of the throughway zone, such as scoring pattern or special paving, must be maintained across the driveway to indicate that, although a vehicle may cross, the area traversed by a vehicle remains part of the pedestrian way. x. Sidewalk Zones. The pedestrian way, composed of the portion of the right-of-way that typically includes the planting area and sidewalk and is measured from the curb line to the property line of the adjoining properties, must be articulated according to the following sidewalk zones: 1. Frontage Zone. The area adjacent to the property line that provides a transition between the public sidewalk and the building facade. 2. Throughway Zone. The portion of the sidewalk used for pedestrian travel that is clear of obstacles and provides a smooth walking surface. 3. Furnishing Zone. The portion of the sidewalk used for street trees, landscape, transit stops, streetlights, sidewalk cafes, and site furnishings. 4. Edge Zone. The area used by people getting in and out of vehicles parked at the curbside. 5. Extension zone. The area where pedestrian space may be extended into the parking lane, via features such as bulb-outs or mid-block plazas. The extension zone is an optional element subject to approval of the Director of Public Works. 115 Revised October 2022September 2025 Table 20.110-6: Streetscape element Element Location xi. Streetscape Elements. The placement and layout of typical streetscape elements must be in accordance with Table 120.110-6: Streetscape Element Location. xii. Sidewalk Zone Parameters. The required parameters for sidewalk zones for right-of-way types described in Section 20.110.014(f) (2) are subject to the following additional considerations: 1. At transit stops with shelters, the furnishing and edge zones should be widened to a minimum of four feet to provide wheelchair access to and in front of the shelter. 2. Where sidewalk cafes are anticipated in the frontage zone and/or furnishing zone, the frontage zone and/or furnishing zone should be at least six feet in width. 3. Where very high pedestrian volumes are expected, such as at transit transfer points, and theater entrances and exits, additional sidewalk width and special design attention, particularly at crossings, should be provided. Bicycle Facilities xiii. The following bicycle facilities may be considered in right-of-way construction, reconstruction, and reconfiguration projects, taking into consideration the appropriateness of the bicycle facility for the right-of-way type and surrounding context: 1. Sharrow. A marking placed in a vehicular travel lane to indicate that a bicyclist may use the full lane. Also called a shared-lane marking. 2. Bike Lane. A portion of the roadway that has been designated by striping, signage, and pavement markings for the preferential or exclusive use of bicyclists, typically located adjacent to motor vehicle travel lanes and flowing in the same direction as motor vehicle traffic. 3. Buffered Bike Lane. A conventional bicycle lane paired with a designated buffer space separating the bicycle lane from the adjacent motor vehicle travel lane and/or parking lane. 4. Contra-Flow Bike Lane. A bicycle lane designed to allow bicyclists to ride in the opposite direction of motor vehicle traffic, typically used to convert a one-way traffic street into a two-way street, one Zone Appropriate Elements (General) Frontage Zone Furnishing Zone Edge Zone Extension Zone 116 Revised October 2022September 2025 direction being for motor vehicles and bikes, and the other being for bikes only. 5. Left-Side Bike Lane. A conventional bike lane placed on the left side of one-way streets or two-way median divided streets. 6. Cycle Track. An exclusive bike facility that combines the user experience of a separated path with the on-street infrastructure of a conventional bike lane. A cycle track is physically separated from motor traffic and distinct from the sidewalk. 7. Raised Cycle Track. A bicycle facility that is vertically separated from motor vehicle traffic, typically paired with a furnishing zone between the cycle track and motor vehicle travel lane and/or pedestrian area and allowing for one-way or two-way travel by bicyclists. 8. Two-Way Cycle Track. A physically separated cycle track that allows bicycle movement in both directions on one side of the road. Intersection Treatments xiv. Curb Ramps 1. At intersections, ADA-compliant curb ramps enabling persons with special mobility needs to safety cross a roadway must be installed. 2. Curb ramps that align with the crosswalk, consistent with the direction of pedestrian travel, are preferred. xv. Crosswalks. 1. A crosswalk, defined as a lateral extension of a sidewalk through an intersection, may be marked or unmarked. Legally, crosswalks exist at all intersections (including T-intersections) unless specifically prohibited. 2. Marked crosswalks, delineating preferred crossing routes for pedestrians and alerting other road users where to expect crossing pedestrians, should generally be installed and maintained at high priority intersections where greater pedestrian visibility is desired, such as at school crossings, where two or more transit routes cross, where traffic volumes exceed 2,000 Vehicles Per Day (VPD). 3. A marked crosswalk must align with curb ramps and be at least six feet in width. Where large volumes of pedestrians are expected at the intersection, high-visibility striping, such as continental striping, is preferred. xvi. Curb Extensions 1. Curb extensions (also known as "bump- outs” or "bulb-outs”) extend the sidewalk out into the street, usually to the edge of the on-street parking lane. The feasibility of curb extensions should be evaluated whenever curb ramps are installed or an intersection is reconstructed or reconfigured, giving careful consideration toconsidering potential impacts on delivery access, garbage and snow removal, and street sweeping. 2. Where installed, a curb extension may extend no greater than one foot less than the width of the parking lane. A curb extension must be at least 15 feet in length or, in the case of a curb extension designed to accommodate transit passenger boarding and alighting, long enough to encompass the front and rear doors of the transit vehicles that will use the curb extension. 3. The design and placement of street furniture, trees, and plantings on a curb extension may not impede pedestrian flow or interfere with corner visibility. Vertical elements should be used to alert drivers to the presence of a curb extension. xvii. Pedestrian refuge islands 1. Pedestrian refuge islands, which can be used to divide travel lanes and provide spaces for pedestrians to safely wait while crossing the vehicular way, should be considered in the following circumstances: a. Any pedestrian crossing where the vehicular way consists of four or more travel lanes. b. Any intersection where signal timing may not allow pedestrians to cross in one phase. c. Any intersection with difficult crossing geometry. 2. Where installed, a pedestrian refuge island should: a. Have an area of at least 120 square feet with minimum dimensions of six feet in width and 20 feet in length. b. Include an ADA-compliant channel ofwith a minimum of five feet in width and six feet in depth. A channel of six feet in width and eight feet in depth is preferred. c. Be designed to discourage vehicles from encroaching into it. 117 Revised October 2022September 2025 xviii. Pedestrian Signals 1. Pedestrian signals, which inform pedestrians when to cross at signalized intersections, may be required at signalized intersections. The inclusion of pedestrian signals that are accessible to the visually impaired are preferred. 2. Where pedestrian signals are installed, the pedestrian signal phase timing must comply with Manual on Uniform Traffic Control Devices (MUTCD) standards. xix. Mid-Block Crossings 1. Mid-block crossings provide convenient crossing locations for pedestrians where intersection crossing opportunities are distant and may be considered in accordance with the Department of Public Works policy on midblock crossings. 2. Where installed, a mid-block crossing should: a. Be placed generally within the middle third of the block side. b. Be built with curb extensions, wherever advisable, to enhance pedestrian crossing visibility and reduce crossing distances. 3. Coincide with mid-block passages if present. xx. Roundabouts 1. Roundabouts, which are circular intersections in which vehicular traffic is slowed and flows almost continuously in one direction around a central island to several exits onto intersecting rights-of-way, may be considered where it is desirable to increase vehicular capacity at intersections, slow traffic, and reduce the severity of collisions. 2. If installed, a roundabout must be in accordance with the Federal Highway Administration (FHWA)’s Roundabouts: An Informational Guide. xxii. Traffic Control Devices All traffic control devices, such as right-of-way signs, pavement markings, and traffic signals, must be consistent with the Manual on Uniform Traffic Control Devices (MUTCD). xxii. Traffic Calming Measures 1. Traffic calming measures, such as full closures and half closures, speed tables, lateral shifts and chicanes, knockdowns, chokers, and center island narrowing, may be considered in right-of-way construction, and reconfiguration projects, subject to approval by the Director of Public works. xxiii. Road Diets Wherever an existing right-of-way is reconstructed or reconfigured, consideration must be given to the appropriateness of a road diet, defined as a reduction in the number or width of travel lanes within a right- of-way allowing reallocation of vehicular space to alternative uses (i.e., parking lanes, bicycle facilities, medians, pedestrian refuge islands, or widened sidewalks or planting strips). A road diet is typically appropriate on rights-of-way carrying fewer VPD than the right-of-way is designed to accommodate (i.e., a right-of-way with four travel lanes carrying less than 20,000 VPD may be a prime candidate for a four-lane to three-lane conversion). (3) Thoroughfare Standards xxiii. Street Types This section describes the right-of-way types and their required and preferred parameters, which are derived from the Institute of Transportation Engineers (ITE) Walkable Urban Thoroughfares Manual and National Association of City Transportation Officials (NACTO) Urban Bikeway Design Guide. The illustrative examples provided in this section communicate one possible configuration of each right- of-way type. By applying the requirements outlined and working with the Director of Public Works, various configurations may be determined acceptable. 118 Revised October 2022September 2025 Alley Traffic Volume Range Less than 1,000 VPD Number of Travel Lanes (B) 1 Target Speed 5-15 mph Travel Lane Width (min/max) (C) 8’/20’ Right-of-Way Width (min) (A) shoulders on either side 119 Revised October 2022September 2025 Mixed Use Avenue– Traffic Volume Range 15,000 – 30,000 VPD 1 1Furnishings in furnishing zones allowed only immediately in front of non-glazed walls. 120 Revised October 2022September 2025 Mixed Use Boulevard Traffic Volume Range 15,000 – 740,000 VPD 1 1Furnishings in furnishing zones allowed only immediately in front of non-glazed walls. 121 Revised October 2022September 2025 Mixed Use Street Traffic Volume Range 1,000 – 15,000 VPD 1 1non-glazed walls. 122 Revised October 2022September 2025 Multiway Boulevard Traffic Volume Range 15,000 – 40,000 VPD Number of Travel Lanes (C) 4 central lanes; 2 drop lanes 116’/151’ Driveway Access Curb parking 1 1Furnishings in furnishing zones allowed only immediately in front of non-glazed walls. 123 Revised October 2022September 2025 Passage Right-of-Way Width (min/preferred) (A) 10’/30 Frontage Zone (min/preferred) (D) 0’/9’ Bicycle Facility/Pedestrian Type (B) Shared or Multi-Use Path Throughway Zone (min/preferred) (E) 10’/12’ Total Pedestrian Way Width (C) 10’/30’ 124 Revised October 2022September 2025 Residential Avenue Traffic Volume Range 15,000 – 20,000 VPD 125 Revised October 2022September 2025 Residential Street Traffic Volume Range 500 – 5,000 VPD 126 Revised October 2022September 2025 127 Revised October 2022September 2025 128 Revised October 2022September 2025 129 Revised October 2022September 2025 130 Revised October 2022September 2025 131 Revised October 2022September 2025 132 Revised October 2022September 2025 20.110.014(g) Parking Standards 1. Purpose. This Section regulates and ensures the provision of parking spaces and access drives are designed for motor vehicles and bicycles. The Section also provides options for adjusting parking requirements and providing parking alternatives. These standards ensure that parking needs offor new land uses, and development are met, while ensuring parking spaces and access drives are designed and located in a manner consistent with the desired character and development patterns of walkable communities as outlined in the Arlington Comprehensive Plan. 2. Applicability. On-site parking shall be required in all transect zones as set forth in this section and shall apply to the following: i. New development; ii. Changes in land use; and iii. Changes to a building or structure that cause an increase or decrease of 25 percent or greater made subsequent to the effective date of this Form-Based Code: 1. Gross floor area; 2. Seating capacity; 3. Dwelling Units; or 4. Parking spaces 3. General Parking Standards i. Off-Site Parking. Required off-street parking may be provided if the following standards are met: 1. The required parking is provided in an off-street parking facility on another site within 600 feet of the site proposed for development, as measured along thoroughfare rights-of-way that provide access to both sites; 2. Pedestrian access between the site and the off-site parking area shall be via concrete or paved sidewalk or walkway; and 3. The owners of the site and the offsite parking area shall provide a recorded parking agreement or covenant in a form approved by the City Attorney reflecting the arrangement between the sites. ii. Larger Vehicle Parking 1. Trucks, tractors or tractor-trailers having a capacity of more than a one-and- one-half-ton load, front- and rear-end loaders, or any commercial, industrial, agricultural or transportation vehicles or equipment shall not be parked or stored within any T3 or T4 zones for purposes other than short-term unloading, loading or delivery services, or temporary construction within the zone. 2. Automobiles, small trucks, vans, vehicle trailers permitted in conjunction with an approved home occupation (one per home occupation), and recreational vehicles, utilized for personal or business use, are excluded from the provisions of this Subsection. iii. Storage of Unregistered or Inoperable Motor Vehicles. Automotive vehicles, trailers, or vehicles of any kind or type, requiring licenses, but without current plates or inoperable, shall not be parked in a transect zone unless parked within a completely enclosed building. iv. Cargo or Freight Container: portable cargo or freight storage containers in any zone for purposes of loading or unloading, may be parked, or stored v. Commercial Auto Repairs. Commercial repairs or restoration of vehicles shall only be conducted in the appropriate transect zones. vi. Non-Commercial Auto Repairs within T3 and T4 Zones. Unlicensed vehicle restoration is permitted within an allowed off-street parking area, provided the vehicles undergoing restoration or used for parts shall either be covered by a commercially manufactured opaque automobile cover in serviceable condition or stored in an enclosed building. 1. Not more than one vehicle per premises for either renovation or parts may be screened by use of a cover that shall be securely fastened to the vehicle. 2. Vehicles other than the screened vehicle shall be parked in an enclosed building. 133 Revised October 2022September 2025 4. Number of Motor Vehicle Parking Spaces Required i. Required Spaces. The minimum number of parking spaces required are listed in Table 20.110.014-7 (Minimum Parking Spaces Required). However, if the minimum number of parking space requirements are provided in Section 20.110.014(c) (Place Types) for the applicable transect zone and use, then those standards take precedence over the standards in Table 20.110-7 (Minimum Parking Spaces Required). When calculating the minimum number of parking spaces, numbers shall be rounded up to the closest whole number. 5. On-Site Interim Surface Parking i. The city is fully invested in reducing surface parking for all new development projects, and retrofitting existing development, when possible, in order to utilize land in the most efficient way possible, thus creating opportunity for additional housing capacity, public amenities, open space, etc. However, the reality remains that there is an interim period of time that must be considered, the period of time before public transportation is established well enough that citizens are able to become less auto dependent and more reliant upon the public transportation systems, or other alternative transportation modes available to them. This is certainly not the case currently, and we must create enough surface parking in order to adequately servemeet the needs of the current vehicle demand. To address both the current and the future demands, in all newly permitted development, specifically mixed-use and multi-family, there will be a requirement to identify parking areas that have the potential to become surplus parking in the future, as auto demand wains, and become areas of re-development to support the other uses described previously. Table 20.110-7: Minimum Parking Spaces Required Residential, Multi-Family 1 per 3 beds/residents 1-Bedroom/Studio Apartment 1.25 per unit, plus 1 for every 4 units 3-Bedroom or More Apartment 2.50 per unit, plus 1 for every 2 units Senior Apartment 1 per unit, plus 1 for every 4 units Residential, Middle HousingTownhouse, Row House, Carriage House, Duplex, Triplex, Fourplex or Cottage Court 2 per unit Parking spaces for middle housing are determined by lot size before any zero lot line subdivisions or lot splits as follows: Lots greater than 6,000 square feet: 2 spaced for each dwelling unit Lots no greater than 6,000 square feet: 1 space for each dwelling unit No required parking spaces if located within ½ mile walking distance of a major transit stop. Retail Recreation, Education, Public Assembly Grades K-8 1 per 30 seats With Fixed Seats Without Fixed Seats 1 per 5 seats 1 per 300 gsfgross square feet Services 134 Revised October 2022September 2025 6. Parking Adjustments i. On-Street Parking. On-street parking spaces adjacent to the lot may count towards the required non-residential use parking standards. ii. Shared Parking. For two use types, shared parking shall be calculated as follows: The sum of the required parking for the two use types shall be divided by the factor listed in the table below. The required number of parking spaces shall be rounded up to the closest whole number. If the use is not listed below, then the shared parking shall be based on Subsection (iii) below. Table 20.110-7a8 Residential Lodging Office Retail Residential 1.0 1.1 1.4 1.2 Lodging 1.1 1.0 1.7 1.3 Office 1.4 1.7 1.0 1.2 Retail 1.2 1.3 1.2 1.0 iii. Shared Parking Study. When three or more use types share parking or a use type is not listed in Table 20.110-7a 8 (Shared Parking Factor for Two Uses) above, the amount of required parking may be reduced as follows: 1. If the Director determines one of the following circumstances has been established, the Director may grant a reduction in the parking standards set forth in this Subsection: a. Where uses seek to share parking with different peak hour demands and are in the same or adjoining development, the owner of the parking spaces shall submit to the Director an analysis and substantiated projections of peak parking demand for the entire development to justify the shared use of parking spaces for separate uses; b. Where the special nature of a certain development (e.g., special types of housing projects inhabited by persons with low or no automobile ownership) does not require the amount of parking listed in Subsection D; or c. Where fewer parking spaces are needed due to access to transit, special designs and traffic mitigation measures incorporated in the parking lot design and circulation plan. d. The Director shall consider all of the following in determining whether a reduction is warranted: 1. The likelihood that the reduced number of parking spaces can satisfy demand; 2. The amount of time during the year when the number of spaces provided may be insufficient and the amount of resulting parking overflow; 3. The impact of periodic overflows upon the public thoroughfares and other parking facilities; 4. The nature of surrounding land uses, character of the surrounding road system, and nearby circulation pattern; 5. The amount of on-street parking available within one-quarter of a mile of the development; 6. Any additional reduction in on-site parking demand by implementing transportation demand management strategies proposed by the applicant; and in all cases, the owner of the lot shall have the burden to demonstrate that a reduction in parking standards is warranted. 7. Parking Spaces, Lot Design and Layout i. Access. The following standards are applicable to off-street parking lot access design and include parking for single-family residences unless modified by Section 20.110.014(c) (Place types). 1. Each required off-street parking space shall open directly onto an aisle or driveway as specified in Table 20.110-8 (Minimal Dimensional Requirements for Parking Spaces and Aisles). All off-street parking facilities shall be designed with an appropriateappropriate means of vehicular access to a thoroughfare or to an alley to cause the least interference with traffic flow. 2. Parking spaces in any parking lot or parking structure shall not be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public thoroughfare. Ingress to and egress from parking spaces shall be from an on-site aisle or driveway, except: 135 Revised October 2022September 2025 a. Parking spaces within lots of up to eight spaces may be designed or located so as to permit a vehicle to enter or exit a parking space directly from a public alley or rear lane. Table 20.110-89: Minimum Dimensional Requirements Drive Aisle Width Angle Parking Depth (A) One- Way (B) Way €(C) Width (D) Length Parallel 8’1 12’ 20’ 8’ 20’ 21’ 18’ 24’ 9’ 20’ 18’ 24’ 24’ 8’ 18’ 36’ 24’ 24’ 8’ 36’ 1 in Section 20.110.014(f)(3) (Thoroughfares) 8. Driveways i. Access to driveways. 1. Developments of two or fewer dwelling units. Access to and from driveways onto public thoroughfares shall be where practicable by forward motion of the vehicle. 2. All other developments. Access to and from driveways onto public thoroughfares shall be by forward motion of the vehicle. ii. Driveways shall extend and include the area between the lot line and the edge of the street pavement. iii. The design and construction of all off-street parking access drives shall meet the requirements of the Director of Public Works. 9. Identified as to Purpose and Location. Off-street parking areas of four or more spaces and off-street loading areas shall include painted lines, wheel stops, curbing, or other methods of identifying individual parking spaces and loading areas, while distinguishing such spaces from aisle and other circulation features. 10. Materials i. All off-street parking areas and driveways shall be surfaced with materials approved by the City Engineer. ii. The use of pervious or semi-pervious parking area surfacing materials-`including, but not limited to “grasscrete,” or recycled materials such as glass, rubber, used asphalt, brick, block and concrete-may be approved by the Director for required vehicular surface area on a site, provided such areas are properly maintained. Where possible, such materials should be used in areas in proximity to and in combination with on-site stormwater control devices. 11. Accessible Parking. All parking facilities that require accessible parking spaces shall ensure that a portion of the total number of required parking spaces shall be specifically designated, located, and reserved for use by persons with physical disabilities, in accordance with the standards in the Federal Americans with Disabilities Act (ADA). 136 Revised October 2022September 2025 12. Dimensional Standards for Parking Spaces and Aisles i. General. Standard car parking spaces and parking lot aisles shall comply with the minimum dimension standards established in Table C 20.110-9 (Minimum Dimensional Requirements) above. ii. Dimensional Adjustments. Parking structures may be subject to dimensional adjustments based on utilization, but in no case shall the standard parking space width be less than eight feet. Reduction in design standards shall be subject to approval by the Director. iii. Vertical Clearance. All parking spaces shall have a minimum overhead clearance of six foot, eight inches (6'8"). iv. Reduction for Sidewalk and Planter Overhangs. When a parking space abuts a sidewalk or planter; the front two feet of the required parking space length may overhang the planter or sidewalk provided that wheel stops, or curbing are provided and the remaining area outside of the overhang meets the minimum width requirements of the sidewalk or planter. v. Spaces near Obstructions. When the side of a parking space abuts a wall or other structure that is taller than six inches, the width of the parking space shall be increased by two foot, six inches (2"6"). 13. Landscaping, Fencing, and Screening i. Parking lots with more than 8 parking spaces shall provide one tree per every four parking spaces. ii. Screening of parking and loading areas shall meet the following standards: Table 20.110-910: Parking and Loading Area Screening Zone Adjacent Zone Required Screening 1T4, T5 T4, or Residential Non-transect zone evergreen hedge 1 iii. Landscaping areas may be ideal locations to accommodate stormwater management features. 14. Location i. Location of required on-site parking in all zones is regulated by setbacks set forth in Section 20.110.014(c) (Place Types) and the following: 1. Parking lots with 20 or fewer spaces shall have all off-street parking areas separated at least five feet from buildings in order to provide a sidewalk between the building and parking area. 2. Parking lots with more than 20 spaces shall have all off-street parking areas separated at least 10 feet from buildings in order to make room for a sidewalk, landscaping, and other planting between the building and the parking area. 3. This separation may be eliminated to the rear of buildings in areas designed for unloading and loading of materials. 15. Size of Parking Lot i. Parking lots larger than one-quarter of an acre in size shall be divided into smaller parking areas with planted landscape areas with a minimum width of 15 feet between them to minimize the perceived scale of the total field of stalls. 16. Tandem Parking Tandem parking is allowed in all zones for all residential uses as follows: i. Both tandem parking spaces satisfy the parking requirement of one residential unit; and ii. Neither of the tandem parking spaces shall be for required accessible parking spaces. 17. Bicycle Parking Requirements i. Exempt. Bicycle parking is not required for detached single-family residential developments and uses, such as carriage house or cottage court. ii. Bicycle Parking Standards. Bicycle spaces shall be provided in accordance with the following standards: 1. Bicycle parking shall consist of either a lockable enclosure (locker) in which the bicycle is stored or a rack to which the bicycle can be locked; 2. Lockers and racks shall be securely anchored to the pavement or a structure; 137 Revised October 2022September 2025 3. Racks shall be designed and installed to permit two points of contact with the frame and allow the frame and one or both wheels to be secured; Number of Bicycle Parking Spaces and Location Standards Use Type Required Spaces Location Residential: Multi-Family building or within 25 feet of the building Recreation, Education and Public Assembly 1 required off-street automobile parking spaces, whichever is greater (up to a maximum of 30 bicycle entrance of the building and adjacent to a bicycle path and/or pedestrian walks Manufacturing & Processing and Transportation, Communications, 1 street automobile parking spaces, whichever is greater (up to a maximum of 30 entrance of the building and adjacent to a bicycle path and/or pedestrian walks. 4. Areas containing bicycle spaces shall be surfaced with impervious surfaces such as concrete or pavers. Pervious pavements or gravel may be used where appropriate as determined by the Director; 5. When located within a parking area: curbs, fences, planter areas, bumpers, or similar barriers shall be installed and maintained for the mutual protection of bikes, motor vehicles and pedestrians, unless determined by the Director to be unnecessary; and 6. Bicycle parking shall be placed in a convenient, highly visible, active, and well-lit location. iii. Bicycle Parking Space Dimensions. All bicycle parking shall meet the following minimum dimensions: 1. Each bicycle parking space shall include a minimum area of 72 inches in length and 24 inches in width that is clear of obstructions; 2. No part of the rack shall be located closer than 30 inches to a wall or other obstruction; 3. The front or back of the rack shall be located no less than 48 inches from a sidewalk or pedestrian way; and 4. A minimum of 30 inches shall be provided between adjoining racks. 20.110.014(h) Civic and Open Space Standards 1. The standards established in this Section provide the Place Types with a diverse palette of parks and other publicly accessible civic spaces, publicly or privately owned, that are essential components of walkable urban environments. 2. There are multiple civic space types defined in Table 20.110-11 12 (Civic Space Type Standards). Two of the civic space types, Playgrounds and Community Gardens, may be incorporated into any of the other types or may stand alone. 3. In Table 20.110-11 12 (Civic Space Type Standards), the graphic and textual description of each civic space type are illustrative in nature and not regulatory. 4. The service area, size, frontage, and disposition of elements standards of each civic space type are regulatory. i. Service Area. Describes how the civic space relates to the City as a whole and the area that will be served by the civic space. ii. Size. The overall range of allowed sizes of the civic space. iii. Frontage. The relationship along property lines of a civic space to adjacent buildings or lots. 1. The front of the lots attached to or across a thoroughfare from a civic space should face on to the civic space to the maximum extent possible. 2. Building. Lots that are attached to or across a thoroughfare from a civic space listed as having a “Building” frontage shall have the front of the lot facing on to the civic space for a minimum of three quarters of the civic space perimeter. In addition, a building abutting a park must have an entrance facing the park. 138 Revised October 2022September 2025 Lot adjacent to civic space Front of Lot configuration meeting minimum standards for a civic space with a “Building” frontage. Three quarters of the building lots along the civic space, withereither attached to or across a thoroughfare from, have the front of the lot facing on to the civic 3. Independent. Lots that are attached to or across a thoroughfare from a civic space listed as having an “Independent” frontage may have the front, side street or rear of the lot facing on to the civic space. iv. Disposition of Elements: The placement of objects within the civic space; 1. Natural. Civic spaces with natural character are designed in a natural manner with no formal arrangement of elements. 2. Formal. Civic spaces with a formal character have a more rigid layout that follows geometric forms and has trees and other elements arranged in formal patterns. 3. Informal. Civic spaces with an informal character have a mix of formal and natural characteristics. 5. Typical Facilities. The list of the typical facilities found in Table 20.110-11 12 are not intended to be a complete list of facilities allowed nor is it intended that every civic space would contain each of the facilities listed. Facilities larger than the indicated gross square footage (gsf) require review and approval by the Director. 6. The civic spaces specified in Table 20.110-11 12 (Civic Space Type Standards) are allowed by right or by review in the designated Place Types. Civic Spaces allowed by review are allowed if approved by the Director. 7. Except as provided in Subsection (8), every residential development shall be constructed so that at least five percent of the total development remains permanently as usable open space. For the purposes of this section usable open space shall include, but not be limited to: i. An area unencumbered by any substantial structure or utility easement for distribution lines; ii. An area not devoted to use as a roadway, parking area, or sidewalk; iii. Is defined as a Low Impact Design Development (LID) feature as approved by the Director; iv. Is left (as of the date development began) in its natural or undisturbed state if wooded, except for the cutting of trails (as defined in Section 20.110.014(f)), or if not wooded at the time of development, is landscaped for ball fields, picnic areas, or similar facilities, or is properly vegetated and landscaped with the objective of creating a wooded area or other area that is consistent with the objectives set forth in Subsection (vi); v. Parks and Civic spaces as defined in Table 20.110-11 12 Civic Space Standards. In the case of Civic spaces and Parks, within the total areas stipulated, the length shall be no more than twice the width. This limitation does not apply to Trails. If topography, existing foliage, or other natural features prevents these proportions, functionally comparable areas can be approved by the Director; vi. Space that is capable of being used and enjoyed for purposes of informal and unstructured recreation and relaxation; vii. Space that is legally and practicably accessible to the residents of the development out of which the required open space is taken, or to the public if dedication of the open space is required pursuant to AMC Section 20.52.040 (Dedication, Ownership, and Maintenance of Recreational Areas and Open Space); and, viii. Consists of land no more than twenty-five percent of which lies within a floodplain or floodway as those terms are defined in AMC Section 20.08.010 (Definitions of Basic Terms) or of slopes greater than five percent of a critical area buffer. 8. Subdivided residential developments of less than twenty-five dwelling units are exempt from the requirements of this Section unless the City agrees that it will accept an offer of dedication of such open space, and in that case, the offer of dedication shall be made. 139 Revised October 2022September 2025 9. Community Park Impact Fee. All residential developments are required to pay community park impact fees as identified and calculated in AMC Chapter 20.90.400. 10. Additional Standards. i. Accessory Structure Standards. All accessory structures within civic and open spaces, including, but not limited to, restrooms, open-air pavilions, gazebos, picnic shelters and outdoor theaters, shall not be subject to the physical standards of the transect zones in Section 20.110.014(c) (Place Types). They shall be designed and furnished to be consistent with the character of the transect zone in which they are located. Such consistency may require accessory structures to maintain building setbacks, frontage, massing, disposition, and character similar to adjacent development as determined by the Director. ii. Lighting Standards. 1. All athletic field/sport court lighting shall be Dark Sky Compliant and shall require a Special Use Permit (SUP). 140 Revised October 2022September 2025 Table 20.110-1112: Civic Space Standards Transect Zone Civic Space Type Green Square available for unstructured and limited amounts of structured recreation. available for unstructured and limited amounts of structured recreation. available for civic purposes, unstructured and limited amounts of structured recreation. available for civic purposes and commercial activities. Plazas are typically hardscaped. Commercial activities shall be subordinate to civic space available for civil purposes and commercial activities. Plazas are typically hardscaped. Commercial activities shall be subordinate to civic available for informal activities in close proximity to neighborhood residences. designation and equipped for the recreation of children. A playground should be fenced and may include an open shelter. Playgrounds may be included within other civic spaces. designed as a grouping of garden plots that are available to nearby residents for small scale cultivation. Community Gardens may be included with other civic spaces. Location and Size Service Area Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Neighborhood Independent Building Building Building Building Building Informal Informal Formal Formal Formal Formal or Informal Formal or Informal Formal or Informal Facilities active recreation, accessory structure, drinking fountains, community facility <5,000 sf, paths and trails. recreation, structured and unstructured, accessory structure, drinking fountains, community facility <5,000 sf, paths and trails. recreation, structured and unstructured, accessory structure, drinking fountains, community facility <5,000 sf, paths and trails. recreation, accessory structure, drinking fountains, paths and trails. recreation, accessory structure, drinking fountains, paths and trails. recreation, accessory structure, drinking fountains, paths and trails. drinking fountains, paths and trails. drinking fountains, paths and trails. 141 Revised October 2022September 2025 20.110.014(i) Landscaping, Fencing, and Screening Standards 1. Purpose. The purpose of these regulations is to provide guidelines for design, construction and maintenance of landscaping, fencing, and screening within Arlington’s Place Types. Landscaping shall be a major component of site design in order to create a city that has a strong landscaped character. In addition, Arlington’s Comprehensive Plan calls for proactive application of Low Impact Design Development principles and methods of ground water treatment to both undeveloped and re-developed areas of the City. Standards governing fences are established to promote the publicpublic health, safety, and welfare, encourage an aesthetic environment and allow for privacy, while maintaining access to light and air. The provisions of this Section shall apply as a minimum standard for all new projects and existing development with applications requiring approval of a planning permit under the provisions of this Form-Based Code. 2. Applicability. i. The provisions of this Division apply to all land uses within the Types as follows: 1. New Projects. Each new project shall provide landscaping in compliance with this Section. 2. Existing Development. The approval of an application for design review for physical alterations and/or a change in use within an existing development may include conditions of approval requiring compliance with specific requirements of this Section. 3. Timing of Installation. Required landscape and irrigation improvements shall be installed before occupancy permit is issued by the City. The installation of landscaping for a residential project may be deferred for a maximum of 90 days with the Director's approval due to seasonal requirements (including adverse weather conditions) and similar circumstances where it may not be advisable or desirable to install all approved landscaping before occupancy of the site. 4. Alternatives to Requirements. The Director may modify the standards of this Division to accommodate alternatives to required landscape materials or methods, where the Director first determines that the proposed alternative will be equally or more effective in achieving the purposes of this Section. 3. Landscaping and Irrigation Plans i. Landscape Plan. 1. A landscape plan shall be submitted, as determined by the Director, as part of each application for the following unless one is not required by Subsection 2 below: a. New development; b. The significant expansion (e.g., 25 percent or more of floor area), or c. Redevelopment of an existing use, as determined by the Director. 2. A landscape plan shall not be required for residential projects less than 4 units or less than 10,000 sf. 3. After review of the landscape plan by the Director and any required revisions, the landscape plan will be considered final. A final landscape plan shall be approved by the Director before the start of grading or other construction, and before the issuance of a Building Permit. ii. Content and Preparation 1. Required Information. Landscape plans shall contain the information required for landscape plans by the Community Development Department. However, at a minimum, these plans shall include the following information: a. The locations of proposed materials, including the identification of groundcovers, shrubs, and trees; b. Detailed drawings and specifications shall clearly identify the name, size, and precise location of all materials (including fences and screens); and c. The precise location and technical description of the irrigation system and its individual components. 2. Preparation by Qualified Professional. Each landscape plan submitted in compliance with this Division shall be prepared by a Washington licensed landscape architect, licensed architect, 142 Revised October 2022September 2025 licensed landscape contractor, certified nurseryman, or other professional determined by the Director to be qualified. iii. Review and Approval. After initial application, the Director shall review each landscape plan to verify its compliance with the provisions of this Section. The Director's decision may be appealed to the Planning Commission and the Planning Commission may approve the final submittal or may deny or require changes to a submittal if it is not in compliance. iv. Statement of Surety. When required by the Director, security in the form of cash, performance bond, letter of credit, or instrument of credit, in an amount equal to 150 percent of the total value of all plant materials, irrigation, installation, and maintenance shall be posted with the City for a two-year period. The Director may require statements of surety for phased development, a legitimate delay in landscape installation. 4. Required Landscaping. i. Street Trees 1. Street Trees Required: Any development that involves construction of a new principal building, expansion of an existing principal building by 2500 square feet or more, or a substantial renovation of an existing principal building, except for single unit dwellings, double unit dwellings, and multiple unit dwellings of six units or less, must include the installation of street trees as follows: a. A minimum of one street tree must be planted on the adjacent public rights-of-way, excluding alleys, for each 30 feet of right-of-way. b. All Street trees must be installed in accordance with the Street Tree Standards that are on file Community Development. c. All required street trees must be installed within nine months of the issuance of a certificate of occupancy and maintained in a healthy, growing condition until fully established or replaced as necessary. ii. Exceptions: 1. The Director of Public Works may grant a waiver to the street tree requirement where: a. Street trees of the minimum required number are already installed and maintained in a healthy, growing condition. b. There is already a well-established tree planted on=site and adjacent to the outer edge of the property, whose crown reaches over the public right-of-way area to be planted, and would cause overcrowding of the new street tree, and may result in deforming the symmetry of the street tree crown as it approaches maturity. c. Landscaping within Civic and Open Spaces shall be required per the standards in Section 20.110.014(h) (Civic and Open Spaces). d. Private Landscaping shall be required in compliance with Table 20.110-12 13 (Required Private Landscaping Components) below. e. Required landscaping shall be landscaped and maintained in compliance with Section 20.110.014(i) (4) (Landscaping Standards), Section 20.110.014(i) (5) (Parking Lot Landscaping Standards), Section 20.110.014(i) (8) (Maintenance of Landscaped Areas), and Section 20.110.014(i) (9) (Fences and Screening). Table 20.110-13: Required Private Landscaping Components Zones Landscaping Components Frontage Landscaping Landscaping Irrigation 5. Landscaping Standards i. Minimum dimensions 1. Frontage Landscaping and Private Open Space Landscaping areas shall meet the dimensional requirements for the transect zone in Section 20.110.014(c) (Place Types), the Building Type in 143 Revised October 2022September 2025 Section 20.110.014(e) (Building Types), and the Frontage Type in Section 20.110.014(d) (Frontage Types). 2. Thoroughfare and Civic and Open Space Landscaping areas shall meet the dimensional requirements within Section 20.110.014(f) (3) (Streetscape Standards) and Division 20.110.014(h) (Civic and Open Spaces). ii. Materials. Landscaping shall primarily consist of live, drought-resistant plant material. Food gardens and decorative landscape features such as brick, stone, art, fountains, and ponds may be used within the landscaped area, provided such materials present an attractive setting consistent with the intent of the landscaping requirements as determined by the Director. iii. Street Trees. 1. Street Trees shall be located per the standards in Section 20.110.014(f) (Public Rights-of Way). 2. Minimum Size: a. New Street street trees shall have a minimum caliper (trunk diameter) of 2 inches at 8 feet ofin height. b. Minimum tree size at planting is a 24-inch box. c. 15-inch box specimens and smaller caliper sizes shall be allowed for volunteer efforts and property owner-initiated replacement 3. All street trees and/or any other tree plantings within 10 feet of the public right-of- way including sidewalks, curbs and gutters, or street surface shall be installed with approved root barriers and deep-water tubes (2 per tree). iv. Additional Material Specifications. The Director may approve the inclusion of areas maintained in a native planting or naturalistic state as green growing ground cover in calculating the landscaped area. v. Safety requirements. Landscape materials and screening shall be located so that at maturity they do not: 1. Interfere with safe sight distances for bicycle, pedestrian, or vehicular traffic; 2. Conflict with overhead lights, traffic control signage, utility lines, or walkway lights; or 3. Block bicycle or pedestrian ways. 6. Parking Lot Landscaping Standards. i. Installation and maintenance of shade trees and landscaping. Parking lots shall be improved and permanently maintained by the property owner in accordance with the following standards and the requirements in Table 20.110-14 (Required Interior Parking Lot Landscaping) and Table 20.110-15 (Tree Requirements for Parking Lot Landscaping) below. The Director may grant an exception for small infill parking lots where compliance with these standards is not feasible without significantly reducing the development potential of the zone it is located within. Table 20.110-14: Required Interior Parking Lot Landscaping Number of Parking Spaces Percent of Gross Parking Area in Landscaping 6 or fewer 0% 7 to 15 4% 16 to 30 8% 31 to 70 12% 71 and over 16% Interior parking lot landscaping shall provide a minimum of 20% shading of the parking circulation area. 144 Revised October 2022September 2025 Table 20.110-15 Tree Requirements for Parking and Lot Landscaping Landscaping Component Description back of parking bays. At both ends of a line of parking spaces. Evenly to provide drainage to retention and expanded by an equivalent dimension. ii. Location of landscaping. Landscaping shall be evenly dispersed throughout the parking area, as follows: 1. Orchard-style planting (the placement of trees in uniformly spaced rows) is required for parking areas over 15 cars. 2. Parking lots with more than 50 spaces shall provide a concentration of landscape elements at primary entrances, including, at a minimum, specimen trees, flowering plants, enhanced paving, and project identification. 3. Landscaping shall be located so that pedestrians are not required to cross unpaved landscaped areas to reach building entrances from parked cars. This shall be achieved through proper orientation of the landscaped fingers and islands, and by providing pedestrian access through landscaped areas that would otherwise block direct pedestrian routes. 7. Parking lot screening. All surface parking areas shall be screened from streets and adjoining properties, and the open areas between the property line and the public street right-of-way shall be landscaped. i. Adjacent to streets 1. A parking area for a non-residential use adjoining a public street shall be designed to provide a landscaped planting strip between the street right-of- way and parking area equal in depth to the setback required by the applicable transect zone or 10 feet, whichever is greater. 2. A parking area for a residential use, except for a single-family dwelling, shall be designed to provide a landscaped planting strip between the street right-of- way and parking area equal in depth to the setback required by the applicable transect zone. 3. The landscaping shall be designed and maintained to screen cars from view from the street to a minimum height of three feet. 4. Screening materials may include a combination of plant materials, earth berms, raised planters, solid decorative masonry walls, or other screening devices that meet the intent of this requirement. 5. Shade trees shall be provided at a minimum rate of one for every 25 linear feet of landscaped area, or other spacing as determined by the Director to be appropriate to the site and surrounding development. ii. Adjacent to side or rear property lines. Parking areas for non-residential uses shall provide a perimeter landscape strip at least five feet wide (inside dimension) where the parking area adjoins a side or rear property line. A fence, wall, or hedge or combined open fence and planter, at least 3.5 feet in height but no higher than the maximum height permitted by Section 20.110.014(i)(7) Parking Lot Screening) is permitted, wherever the parking area is within 20 feet of the side or rear property line. iii. Adjacent to structures. When a parking area is located adjacent to a non-residential structure, a minimum five-foot wide (inside dimension) landscape strip shall be provided adjacent to the 145 Revised October 2022September 2025 structure, exclusive of any building entries, or areas immediately adjacent to the wall of the structure that serve as pedestrian access ways. iv. Adjacent to residential use. A non-residential parking area abutting a residential use shall provide a landscaped buffer setback with a minimum of 10-foot between the parking area and the property line of the residential use. 1. A seven-foot-high solid decorative masonry wall or fence, except for approved pedestrian access, and landscape buffer shall be provided along the property line to address land use compatibility issues (e.g., light/glare and nuisance noise) as determined by the Director. 2. Trees shall be provided at the rate of one for each 25 linear feet of landscaped area, or other spacing as determined by the Director to be appropriate to the site and surrounding development. v. The required width of the landscape strip may be reduced by the Director where it is determined that certain factors would justify the reduction (e.g., the overall site area is insufficient to accommodate the allowable structures and required parking along with a landscape strip of the otherwise required width or that the otherwise required width would be inconsistent with the existing development patterns on adjacent properties). The requirement for a landscape strip may be satisfied by a setback or buffer area that is otherwise required. vi. Where drive thru services are allowed, drive thru lanes constructed between a building and street are required to be screened with opaque landscaping or wall at a minimum height to screen all headlights. The screening shall be fully opaque at the time of installation. 8. Maintenance of Landscaped Areas. i. A landscaped area provided in compliance with this Division shall be planted with live and healthy plant materials suitable for screening or ornamenting the site, whichever is appropriate. ii. Plant materials shall be replaced as needed to screen or ornament the site. iii. Landscaped areas shall be watered, weeded, pruned, fertilized, sprayed, kept litter free or otherwise maintained to assure compliance with the regulations requiring landscaped areas. iv. All public landscaped areas shall be watered by automatic irrigation systems starting at the time landscaping is installed in order to establish and maintain plants. v. All private landscaped areas required to have automatic irrigation systems by Table 20.110-12 13 (Required Private Landscaping Components) shall be watered by automatic irrigation systems starting at the time landscaping is installed in order to establish and maintain plants. vii. With the exception of access driveways, curbs and sidewalks, the landscaped areas of off-street parking lots; and front and street side yards shall be maintained in a landscaped, decoratively treated condition, largely or wholly covered with living plant materials. In no case shall more than 75 percent of the required front yard or street side yard be used for a purpose other than landscaping as described herein. 9. Fences and Screening. i. Applicability. The requirements of this Section apply to all fences and walls in the transect zones unless otherwise stated. ii. Height limits. Each fence or wall shall comply with the height limits shown in Table 20.110-16 (Maximum Height of Fences or Walls). Table 20.110-16: Maximum Height of Fences or Walls Location of Fence or Wall Maximum Basic Height Maximum Height Exceptions Within front or street side setback 4’1 (not in excess of 50% 6’ 8’2 1 Front and side street fences must meet the Design Requirements of Section 20.110.014(i) (9) (v) (fence design). Fences above 4’ in height require the approval of the Director. 2 structures have at least 10-foot side yard setbacks, or if a residential parcel abuts a commercial or industrial use. The exception is only applicable for rear 146 Revised October 2022September 2025 iii. Measurement of Fence and Wall Height. Fence height shall be measured as the vertical distance between the finished grade at the base of the fence and the top edge of the fence material. Where a fence is constructed on top of a retaining wall, the height shall be measured from the outside base of the retaining wall, where the yard is on the high side of the retaining wall, and from the top of the retaining wall, where the yard is on the low side of the retaining wall. iv. Fencing Permit Requirements 1. A fence permit is required to construct any fence of any height. A building permit is required to construct any fence six feet or more in height. 2. An application for a fence permit may be obtained from the Community Development Department and shall be approved by the Director if it conforms to the provisions of this Section. v. Fence Design. Fences shall be constructed, designed, and maintained as follows: 1. Permitted Materials. Fences shall be constructed of wood, metal, masonry, or other permanent materials designed for permanent fencing. Black vinyl coated chain link fence may be used only under the following conditions and only when approved by the community and economic development director: a. For demarcation, fences ≤ 5’.Stormwater Areas b. For security, > 5’, only by review. Security for parks, dog parks, or similar. No more than two types of related fencing materials shall be used in any fence or wall. Fences constructed of wood shall have posts in contact with ground of preservative- treated wood conforming to ASTM D1760 treated with waterborne preservatives to a minimum retention of 6.4 kilograms per cubic meter (0.40 pounds per cubic feet) and components and components not in contact with the ground treated with waterborne preservatives to a minimum retention of 4.0 kilograms per cubic meter (0.25 pounds per cubic feet) or shall be of heartwood of a decay-resistant species such as redwood or cedar. 2. Fence Maintenance. Every fence shall be kept in good repair, consistent with the design thereof. The property owner shall be responsible for landscaping and maintaining the area, if any, between the property line and the owner's fence. 3. Hazardous and Prohibited Materials. Fences shall not incorporate electrically charged wire, barbed wire and razor wire, spiked tips, chain link (with or without slats or vinyl or other coatings), woven wire mesh ("chicken wire"), welded wire mesh, woven wire ("hog wire") rope, cable, railroad ties, landscape timbers, utility poles or any other similar materials or materials not specifically manufactured for permanent fencing. 4. Posts and Supporting Members. All fence posts and related supporting members of the fence shall be erected so that the finished side or sides of the fence shall be facing the adjacent property or public right-of-way. 5. Painting and Staining. All wood fences shall be painted or stained, except when constructed of the heartwood of a decay-resistant species such as redwood or cedar. All ferrous metal fences, including hot-dipped galvanized steel) shall be painted with a three-coat system consisting of a corrosion resistant primer and two finish coats, with preparation and application as recommended by the manufacturer. All other metal fences, including aluminum hot-dipped galvanized steel, shall be painted with at least a two-coat system intended for that purpose. 6. Gates a. Entry features over front yard gates (e.g., open latticed arbors and trellises), not exceeding eight feet in height, three feet in depth or five feet in width are allowed when located within the required front yard and do not interfere with the safety requirements in Section 20.110.014(f)(4)(v) (Safety Requirements). b. When a rear yard abuts an alley, the alley facing side of a solid fence shall be clearly labeled with the house address number. 7. Historic Structures. All fences in parcels with historic resources shall be consistent with the scale and character of the buildings and shall require approval by the Director. Administrative Design Review. 147 Revised October 2022September 2025 20.110.014(j) Low Impact Development: Managing Rainfall at its Source 1. Purpose Low Impact Development (LID) is an approach to stormwater management with a basic principle that is modeled after nature: manage rainfall at the source using uniformly distributed decentralized micro-scale controls. The goal of this technique is to mimic a site’s predevelopment hydrology by using design methods that infiltrate, filter, store, evaporate, and detain runoff close to its source. Specific techniques are based on the premise that stormwater management should not be seen solely as stormwater disposal. The methods that follow are consistent with the built environment, civic spaces, street environments, and walkability of neighborhoods detailed in other sections of this Form Based Code. The provisions of this chapter establish the minimum level of Low Impact Design Development facilities which must be met to permit a property to be developed or redeveloped within Arlington. It is theThe specific purpose of this section to: i. Minimize water quality degradation and sedimentation in streams, ponds, wetlands, the Stillaguamish River, and other water bodies; ii. Minimize the impact of increased runoff, erosion, and sedimentation caused by land development and maintenance practices; iii. Maintain and protect groundwater resources; iv. Minimize adverse impacts of alterations to ground and surface water quantities, locations, and flow patterns; v. DecreaseDecrease in potential landslidelandslides, flood, and erosion damage to public and private property; vi. Promote site planning and construction practices that are consistent with natural, topographical, vegetative, and hydrological conditions; vii. Maintain and protect the City stormwater management infrastructure and those downstream; 2. General i. Required Stormwater processes, permits, and documentation will vary significantly depending on specific site conditions and size of the proposed development or redevelopment. Responsibility for stormwater regulation rests with both the Public Works Department and the Department of Community and Economic Development. The stormwater documentation and requirements of the City of Arlington are available either directly on-line or by reference from the City’s website; www.arlingtonwa.gov. ii. Planning techniques, non-structural practices, and design methods specified in this Section, the Stormwater Management Manual for Western Washington (SWMMWW), and AMC Title 13.28.150 (Engineering and Design Requirements), and Puget Sound Partnership’s “A Guidebook for Local Governments” shall be used to implement Low Impact Design Development (LID) to the Maximum Extent Practicable (MEP). iii. The use of LID planning techniques and treatment practices must be exhausted before any structural Best Management Practice (BMP) is implemented. Stormwater management design plans for development or redevelopment projects subject to this Section shall be designed using LID sizing criteria, recharge volume, water quality volume, and channel protection storage volume criteria according to the SWMMWW and local requirements. The MEP standard is met when channel stability is maintained, 100% predevelopment groundwater recharge is replicated, non-point source pollution is minimized, and structural stormwater management practices are used only if determined to be absolutely necessary. iv. Alternative minimum control requirements may be submitted for approval to the Director. A demonstration that alternative requirements will implement LID to the MEP and control flood damagesdamage, accelerated stream erosion, water quality, and sedimentation will be required by the department. 3. Stormwater Management Measures The LID planning techniques and practices in this Section, AMC Title 13.28.150, and the SWMMWW shall be used either alone or in combination in a stormwater management design plan. An applicant shall demonstrate that LID has been implemented to the MEP before the use of a structural BMP is considered in developing the stormwater management design plan. 148 Revised October 2022September 2025 i. Planning techniques and Practices. The following planning techniques shall be applied to the MEP according to the SMMWW and local requirements to satisfy the applicable minimum control requirements established by this Section: 1. Preserving and protecting natural resources; 2. Conserving natural drainage patterns; 3. Minimizing impervious area; 4. Reducing runoff volume; 5. Using LID practices to maintain 100% of the annual average predevelopment groundwater recharge volume; 6. Using green roofs, permeable pavement, reinforced turf, and other alternative surfaces; 7. Limiting soil disturbance, mass grading, and compaction; 8. Clustering development; and 9. Any alternative practice approved by the Director. ii. The following LID treatment practices shall be designed to MEP according to the SWMMWW, and the Puget Sound Partnership: A Guidebook for Local Governments to satisfy the applicable minimum control requirements established by this Section: 1. Disconnection of rooftop runoff; 2. Disconnection of non-rooftop runoff; 3. Sheet flow to conversation areas; 4. Rainwater harvesting; 5. Submerged gravel wetlands; 6. Landscape infiltration; 7. Infiltration berms; 8. Dry wells; 9. Micro-bio retention; 10. Rain gardens; 11. Swales; 12. Enhanced filters; and 13. Alternative practices approved by the director. 4. Low Impact Development Facility Details i. Typical On-site LID facilities requirements. 149 Revised October 2022September 2025 150 Revised October 2022September 2025 151 Revised October 2022September 2025 ii. Typical Street LID Facilities 152 Revised October 2022September 2025 Roadside curb extension sections: Roadside curb extension details: Adapted from the City of Portland, Oregon Pervious pavement sections: Bio retention swale at intersections: 153 Revised October 2022September 2025 20.110.014(k) Outdoor Lighting Standards 1. General i. All outdoor lighting must comply with the requirements of this section and the Complete Streets Policy, with the following exceptions: 1. Lighting for bridges, monuments, statuary flags, and public buildings. 2. Sign illumination, which is addressed in Section 20.68 Signs. 3. Repairs to existing lighting, where no more than 25% of existing luminaires are replaced or repaired. Repairs include the reconstruction or renewal of any part of an existing luminaire, other than replacement of components such as lamps, capacitors, ballasts, or photocells. 4. Temporary special purpose lighting, such as lighting for special events or construction sites. 5. Underwater lighting in swimming pools and other water features. 6. Temporary holiday lighting. 7. Low intensity lighting used in landscape design and to illuminate walkways. 8. Lighting used under emergency conditions. 9. Lighting required by federal, state, or local regulations. 10. Any lighting approved by a special use permit. ii. Lighting Plan. All developments subject to site plan review per Section 20.16.100 must submit a lighting plan, stamped by a Washington State licensed engineer or other qualified professional, demonstrating compliance with this section. Single-unit dwellings, double-unit dwellings, and multi-unit dwellings of six units or less are exempt from this requirement. iii. Airport Influence Area: No lighting structures, devices or other objects shall be placed or erected that makes it difficult for pilots to distinguish between airport lights and other lights, results in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, or otherwise endanger the landing, take off, or maneuvering of aircraft. 2. Lighting Zones i. Lighting Zone Descriptions. Each transect is assigned a lighting zone that describes the level and type of illumination per site. The lighting zones are described as follows: 1. LZ-0: No Ambient Lighting: Areas where the natural environment will be seriously and adversely affected by lighting. Impacts include disturbing the biological cycles of flora and fauna or detracting from enjoyment and appreciation of the natural environment. 2. LZ-1: Low Ambient Lighting: Areas where lighting might adversely affect the flora or fauna or disturb the character of the area. Lighting may be used for safety and convenience but is not necessarily uniform or continuous. 3. LZ-2: Moderate Ambient Lighting: Areas of activity with moderate light levels. Lighting is used for safety and convenience, but it is not necessarily uniform or continuous. 4. LZ-3: Moderately High Ambient Lighting. Areas of activity with moderately high light levels. Lighting is generally desired for safety, security, and convenience, and is often uniform and continuous. 5. LZ-4: Very High Ambient Lighting. Areas of activity with very high light levels. Lighting is generally considered necessary for safety and convenience and is mostly uniform and continuous. ii. Lighting Zone Assignments. Table 20.110-17: Lighting Zones identifies the lighting zones assigned to each transect. Within each lighting zone, there are separate standards in Section 20.110.014(k) (3) for non-residential and residential uses with more than six units, and for residential uses with six units or less. 3. Lighting Standards i. Lighting for Non-Residential and Residential Uses with More than Six Units. For all non-residential properties and for multi-family unit dwellings of more than six dwelling units with common outdoor areas, such as courtyards of parking lots, all outdoor lighting must comply with the following: 154 Revised October 2022September 2025 site Lumen Limits, except as otherwise permitted by this section. The total installed initial luminaire lumens is calculated as the sum of the initial luminaire lumens for all luminaires. For sites with existing outdoor lighting, the existing lighting must be included in the calculation of total installed lumens. maximum backlight (B), up light (U), and glare (G), as rated by the luminaire manufacturer, allowed in each lighting zone. Luminaires equipped with 155 Revised October 2022September 2025 1 3 to any property line of concern G0 G1 G1 G2 property line of concern G0 G0 G1 G1 4 any property line of concern G0 G0 G0 G1 1 For property lines that abut public walkways, bikeways, plazas, and parking lots, the property line may be considered to be 5 feet beyond the actual property line for purposes of determining compliance with this section. For property lines that abut public roadways, the property line may be considered to be the centerline of the public roadway for the purposespurpose of determining compliance with this section. 2 Ideally oriented means the luminaire is mounted with the backlight portion of the light output oriented perpendicular and towards the property line of concern. 3 For property lines that abut public walkways. Bikeways, plazas, and parking lots, the property line may be considered to be 5 feet beyond the actual property line for purposes of determining compliance with this section. For property lines that abut public roadways, the property line may be considered to be the centerline of the roadway for purposes of determining compliance with this section. 4 Any luminaire that cannot be mounted with its backlight perpendicular to any property line within twice the mounting height of the luminaire location must meet the reduced allowed glare. 156 Revised October 2022September 2025 3. Additional Allowable Lumens. Additional lumens are allowed above the total site lumen limits identified in table 2.9 (E) for the following applications: a. Building Entrances or Exits: An additional 400 lumens in LZ-0, 1,000 lumens in LZ-1, 2,000 lumens in LZ-2, 4,000 lumens in LZ-3, and 6,000 lumens in LZ-4 are allowed per door for building entrances or exits, so long as the luminaires are within 20 feet of the door. b. Building Facades: An additional eight lumens in LZ-2, sixteen lumens in LZ-3, and 24 lumens in LZ-4 are allowed per square foot of the building façade that is to be illuminated, so long as the luminaires are aimed at the façade. c. Gas Stations: Impervious and Semi-Pervious Surfaces. An additional eight lumens in LZ-2, sixteen lumens in LZ-3, and twenty-four lumens in LZ-4 are allowed per square foot of total illuminated impervious and semi-pervious surface of a gas station, not including building footprints or areas under canopies. d. Gas Stations: Under Canopies. An additional sixteen lumens in LZ-2 and thirty-two lumens in LZ-3 and LZ-4 are allowed per square foot of area within the drip line of a gas station canopy and must be located under the canopy. e. Drive-Through Facilities. An additional 4,000 lumens in LZ-2 and 8,000 lumens in LZ-3 and LZ-4 are allowed per drive-through window within 20 feet of the window. f. Outdoor Dining. An additional five lumens in LZ-2, ten lumens in LZ-3 and fifteen lumens in LZ-4 are allowed per square foot of total illuminated impervious or semi-pervious surface of an outdoor dining area within two mounting heights of the outdoor dining area. g. Outdoor Display: An additional eight lumens in LZ-3, twelve lumens in LZ-3 and eighteen lumens in LZ-4 are allowed per square foot of outdoor display area, not including driveways, parking areas, or other non-sales areas within two mounting heights of the outdoor display area. This includes open-air markets. ii. Lighting for Residential Uses with Six Units or Less. For residential dwellings of six units or less, all outdoor luminaires must be fully shielded, with the following exceptions: 1. Up to two partly shielded or un-shielded luminaires at each main entrance. 2. Low voltage lighting that does not project onto adjacent properties. 3. Shielded directional flood lighting that is aimed so that direct glare is not visible from adjacent properties. 4. Lighting installed with a vacancy sensor, which extinguishes the lights no more than 15 minutes after the area is vacated. iii. Lighting of Right-of Way. Outdoor lighting of public rights-of-way and private easements for vehicular, cyclist, or pedestrian ways must comply with the following: 1. All street lighting luminaires must be designed per the specifications of the Director of Public WorksComplete Streets Policy.. 2. Lighting fixture spacing mist conform to light level and uniformity requirements per the American National Standard Practice for Roadway Lighting (RP-8) published by the Illuminating Engineering Society if North America (IESNA). 3. The suitability of the lighting fixture type for particular right-of-way and lighting conditions is at the discretion of the Director of Public Works. Lighting fixtures are divided into two basic types: a. Vehicular lighting, intended to illuminate areas for vehicular travel and parking, may be no more than 30 feet in height. b. Pedestrian Lighting. Intended to illuminate areas for pedestrian travel and seating, must be between 12 and 15 feet in height. 157 Revised October 2022September 2025 iv. Lighting by Special Use Permit A special use permit may be issued for lighting of sites with special requirements, such as sports facilities which do not comply with the technical requirements of this section but isare consistent with its intent. A special use permit may be granted only where the lighting of such a site is found to be consistent with the general criteria of this section (20.110.014(j) and the following criteria: 1. Every reasonable effort will be made to mitigate the effects of light on the environment and surrounding properties. 2. The proposed use or lighting will not create unnecessary flare, sky glow or light trespass. v. Corner Visibility Corner visibility must be provided along all public rights-of-way, except for passages and allies in the T4N-SV, T4-MV, and T5-MV Transects. Corner visibility is defined as the triangular area formed by projecting the lines of intersecting curbs, or of street paving edges where there are no curbs, and the line joining these points 30 feet from their point of origin. No structure, including signs and fences, may be erected, and do planned foliage may be maintained between the heights of three and one-half feet and ten feet above the curb level in this area. 20.110.014(l) Architectural Standards 158 Revised October 2022September 2025 1. Compatibility with Surrounding Developments Intent: Developments should fit within their community and respond to their context. Context can be construed on different levels. Without defining a specific style, developments should still fit within the architectural context of Arlington and the Puget Sound region as a whole. This is especially true when there is no neighborhood context available. Much of this city and regional character comes from colors and materials; and building elements that provide protection from the Western Washington climate. When projects are constructed within existing neighborhoods, they should be similar or complementary in character to their surroundings. Multi-building developments should also have a cohesive design. A single building should also have a consistent quality of design on all of its sides. Arlington and Regional Compatibility Standard: Buildings shall be finished in muted, natural-hued colors and natural finishes. Bright colors shall be used as accents only. Buildings shall provide protection from the elements at a minimum at public entries. Protection shall be provided by at least one of the following elements: 1. A roof overhang with a minimum depth of (4) feet where the entry is in a one-story form; 2. Recessed into the building to minimum depth of (3) feet; 3. An awning or canopy with a minimum depth of (4) feet; and/or 4. A gallery, where allowed in a Transect, construction per section 20.110.014(d). Neighborhood Compatibility Standard: Projects in existing developed areas with an established character shall be compatible with or complement the established architectural character of the neighborhood, specifically in: 1. Material and colors 2. Scale and proportions of forms; 3. Scale, proportion, pattern, and approximate head heights of doors and windows; and 4. Approximate floor level elevations 159 Revised October 2022September 2025 2. Compatibility within a Multiple Building Development Intent: Multiple building developments shall be designed with size, building massing, and setbacks that are consistent with the Place Types in which they are located. Standard: Similar building materials: All buildings in a multiple-building commercial development, including pad site buildings, shall be constructed of building materials and colors approved as part of the development application. Applications shall include illustrations and examples of building materials and/or colors. Similar Architectural Details: All buildings in a multiple-building development, shall be constructed of building materials and colors approved as part of the development application. Applications shall include illustrations and examples of building materials and/or colors. 3. Four-Sided Design Intent: Buildings shall not look like they have a fake facade pasted on the front of them. Buildings shall be designed to ensure that they look like the same building on all sides. Consistent building details and proportions on all sides ensure a "four-sided" quality to a building. Standard: The design of the building shall provide consistent architectural details and avoid monotonous building massing and design. Architectural details and colors shall be consistent on all building walls. Roof/Equipment Screen: Roof equipment shall be screened from view of pedestrians and vehicles on all sides with a screen that is at a minimum the same height as the equipment. The screen shall be constructed from Visually Light Material. Utilities shall be 100% screened from the view of the public and internal streets. This infill building’s height, materials, and setbacks are compatible towith the buildings surrounding it. These buildings are compatible with each other; they use similar heights, setbacks, and materials. 160 Revised October 2022September 2025 Don’t Do This: This building has no detailing on one wall. This building has different details on each wall. Do This: 161 Revised October 2022September 2025 4. Signage and Design Elements Intent: A building shall not be dominated by corporate or trademark architectural details; a building shall be compatible with other surrounding buildings and should not consist of building forms that primarily serve as signage and marketing elements. Standard: Corporate or Trademark Architecture. Individual corporate image, trademark, or marketing architectural design elements and colors shall be incorporated only as secondary design elements to the development and not as dominant elements. These architectural design elements shall be compatible with surrounding development and shall not define the character or style of the building or development. Building Signage. All street frontages,frontages and signage material shall be integrated into the overall design of the building. Signs shall be located to complement the architectural features of a building such as above the building entrance, storefront opening, or other similar features. Sign Ordinance: See Section 20.68 of the AMC.Signs shall meet Chapter 20.68 Part 1: General Provisions, along with the following requirements: Temporary Signs and Permit Exemptions: 1. Temporary signs not covered in the categories listed in Part 1: General Provisions, so long as such signs meet the following restrictions: a. Any number of such signs is permissible provided that they do not exceed 50 square feet in total area (including all sides). b. Such sign(s) may not be displayed for longer than three consecutive days nor more than twelve days out of any three hundred sixty-five-day period. Total Sign Surface Area of Signs Attached to Buildings: 1. Unless otherwise provided in this chapter, the total surface area devoted to all signs on any building or leased space of a multi-tenant establishment shall not exceed the limitations set forth in this section, except that each establishment shall be allowed a minimum of twenty square feet regardless of the number of square feet of the first floor or building frontage, and all signs except temporary signs shall be included in this calculation. 2. The maximum sign surface area permitted on any building or individual leased space within a building shall be determined by multiplying the number of square feet of the first floor of the building or leased space by 0.025 except that: a. No building with less than fifty thousand square feet on the first floor shall have more than five hundred square feet of total sign surface area. b. Buildings with a first floor measuring more than fifty thousand and one square feet and less than one hundred thousand square feet shall have no more than six hundred square feet of total sign surface area. c. Building with a first floor measuring more than one hundred thousand and one square feet and less than two hundred thousand square feet shall have no more than seven hundred fifty square feet of total sign surface area. d. Buildings with a first floor measuring more than two hundred thousand and one square feet shall be limited to one thousand square feet of total signage surface area. e. In no case may a single wall sign exceed five hundred square feet. 3. As an alternate method, the maximum sign surface area permitted on any building or individual leased space within a building may be determined by multiplying the lineal feet of building frontage by 1.5. 4. If a building or individual leased space within a building has at least one hundred feet of building frontage on more than one street or on an alley, the amount of signage allowed on the additional street(s) or alley shall be determined in the same manner as (2) or (3) above. Location and Height Requirements of Signs Attached to Buildings: 1. For buildings with more than one story – No sign may be placed higher than the second story windowsill level, except for upper 162 Revised October 2022September 2025 floor window signs only for businesses located exclusively above the first floor or for signs proclaiming the building’s name which may be placed at the top of the building but not above the cornice or roof line. 2. For buildings with three or more stories – No sign may be placed higher than the highest point of the roof or lower than the uppermost floor of the uppermost story. 3. For one-story building with a cornice – No sign may be placed on or above the cornice line. 4. For one-story buildings with a parapet – No sign may be placed higher than the highest point of the roof. 5. For all buildings – No sign may be placed upon any roof surface, except that for purposes of this section, roof surfaces constructed at an angle of seventy-five degrees or more from horizontal shall be regarded as wall space. 6. For gas pump canopies – No sign may be placed on or above the cornice line. 7. No flush-mounted wall sign attached to a building may project more than twelve inches from the building wall. Freestanding Signs: 1. No development may have more than one freestanding sign, except: a. If a development is located on a corner lot that has at least one hundred feet of frontage on each of the public streets, then the development may have not more than one freestanding sign along each side of the development bordered by such streets. b. If a development is located on a lot that is bordered by two public streets that do not intersect at the lot’s boundaries (double front lot), then the development may have not more than one freestanding sign on each side of the development bordered by such streets. 2. Maximum sign surface area of frontage or entry signs. A single side of a freestanding frontage or entry sign may not exceed 0.75 square feet in surface area for every linear foot of street frontage along the street toward which such sign is primarily oriented. In no case may a single side of such signs exceed two hundred fifty square feet in surface area. 3. Menu signs for drive-thru restaurants, where allowed. Restaurants offering drive-thru services may have one single-sided menu sign identifying menu selections and having a two-way speaker system for purposes of ordering. The maximum size of such signs is thirty square feet. The maximum height is ten feet. 4. Setbacks – Freestanding signs shall not be located in public rights-of-way. 5. Height – No part of a freestanding sign may exceed a height, measured from ground level, of fifteen feet. Freestanding signs fronting on Interstate 5 may have a height of forty-five feet. 6. Freestanding signs shall be securely fastened to the ground or to some other substantial supportive structure so that there is virtually no danger that either the sign or the supportive structure may be moved by the wind or other forces of nature and cause injury to persons or property. Non-Residential Subdivision Entrance Signs: 1. At any entrance to a non-residential subdivision there may be not more than one sign identifying the businesses located in such subdivision. A single side of any such sign may not exceed sixty square feet. Such sign area shall not be counted in the individual businesses freestanding sign surface area. A-Frame Signs: 1. Only one A-frame sign is permissible per business, with a maximum size of two feet wide by three feet tall. 2. A-frame signs are permitted only directly adjacent to the business to which the sign pertains (no off-site signs). 3. A-frame signs are prohibited on public property, except in the case where the building abuts the sidewalk with a public right-of-way. In such a case, the sign may only be placed on the sidewalk if, and in a manner that, pedestrian traffic can safely use the sidewalk. 163 Revised October 2022September 2025 Changeable Text Signs (readerboards): 1. Changeable text signs are permissible. Each business may have changeable text signs, though a total aggregate surface of such sign(s) may not exceed ten percent of the business’ total allowable permitted signage Sign Illumination and Signs Containing Lights: 1. Unless otherwise prohibited by this title, signs may be illuminated if such illumination is in accordance with this section. 2. No sign within one hundred fifty feet of a residential zone may be illuminated between the hours of midnight and six a.m., unless the impact of such lighting beyond the boundaries of the lot where it is located is entirely inconsequential. 3. Lighting directed toward a sign shall be shielded so that it illuminates only the face of the sign and does not shine directly into the public right-of-way, residential premises, or into the sky. 4. Except for temporary signs erected in connection with the observance of holidays, no sign or illuminated tubing or strings of lights may contain or be illuminated by flashing or intermittent lights or lights of changing degrees of intensity, except electronic readerboards or signs indicating the time, date or weather conditions. Standardized Marketing Features: The city reserves the right to require significant departures from standardized architectural "themes" that are intended to market or brand any type of entity that will occupy the structure. 5. Building Height and Transition Intent: Abrupt or severe differences in building scale or massing within mixed use developments, or in adjacent developments can dwarf or overwhelm the neighboring areas. Buildings shall be designed to minimize this difference in scale. Standard: Building height. Building heights are regulated by Section 20.110.014(c) (Place Types). Height transition to adjacent residential or mixed uses: any portion of a building closer than 50 feet from a common property line which has an existing residential or mixed use shall be no higher than twelve (12) feet above the highest point of the closest existing residential or mixed-use structure. The closest existing structure shall be defined as the residential or mixed-use structure that is closest to the common property line that the existing structure(s) and the proposed development share. This does not apply if the existing structure is located across a street from the proposed development. 164 Revised October 2022September 2025 6. Building Materials Intent: Buildings shall be attractive and durable. To insureensure this, buildings shall be constructed of high-quality materials and require minimal maintenance. Standard: Building materials. Exterior building materials are classified according to their visual weight; exterior materials shall include, but shall not be limited to the following: Heavy Materials Light Materials Roofing Materials cultured matching the appearance of natural to narrow exposure or cut, natural or fiber cement Composition Shingles; With varied texture and color cultured matching the appearance of natural architectural profiles (CMU); Integrally colored, split face wood and paneling or fiber cement matching the appearance of natural grade cast-in-place concrete with reveals, aggregate texture, and/or cast texture core, braked pan-shape, or with integral rigid insulation to minimize oil-canning Non-white, used only on flat roofs where not visible to pedestrians or vehicles Horizontal wide exposure or board height, real or fiber cement Architectural Profiles only on flat roofs where not visible to pedestrians or vehicles beams broken curtain wall skylight systems Wood Materials Sandwich Panels Sandwich Panels; Skylight specific system Location: Heavy materials shall be located below medium and light materials; medium materials shall be located below light materials. Heavy materials shall extend to grade. Required Exterior Materials: At least 50% of the total exterior wall area of each building elevation, excluding gables, windows, doors, and related trim, shall be heavy materials. The balance of exterior wall area shall be medium or light materials. Synthetic Stone: Synthetic stone, such as pre-manufactured fiberglass, cultured stone, or glass-fiber reinforced concrete is permitted, provided it is identical in appearance and of equal or greater durability to natural stone. Vertical Change of Materials: A vertical change of materials shall occur at an interior corner or shall not occur within four (4) feet of an exterior corner. Building Rehabilitation: The rehabilitation of existing buildings shall comply with the requirements for exterior building materials. Use of alternate exterior materials for the rehabilitation of existing buildings is subject to approval by the Design Review Board. Column Standards: Columns shall be sized so that they have the visual weight necessary for their purpose. Visually Heavy Material columns shall be a minimum of 16” in any direction. Finished wood, or synthetic wood, columns shall be a minimum of 5 ½” in any direction if not supporting just a roof, or a minimum of 7” in any direction if supporting upper floors. Exposed structural steel columns may be any size necessary for their structural support. Prohibited materials: unless approved by the Design Review Board, exterior building shall not include the following: Stucco; Except as an accent used on a maximum of 15% of an elevation, back-drained system only, may be used as either a Visually Heavy or Visually Light Material 165 Revised October 2022September 2025 Intent: Brick, stone, and other types of masonry or masonry veneer shall be detailed as Masonry bearing walls, especially at openings. Proper masonry detailing allows the building to be more pleasing to the eye because masonry openings and corners appear to be structurally supported. Standard: Exterior Corners. Stone and brick used on exterior walls shall not terminate at exterior corners. Masonry Openings. Openings in a brick or stone facade shall have a stone lintel, a tone or brick arch, or a brick soldier course. Window and door openings shall be classified as masonry openings. Vertical Change of Materials. A vertical change of materials from stone or brick to another material shall occur at an interior corner or shall not occur within four (4) feet of an exterior corner. Horizontal Change of Materials. Horizontal changes of material from brick or stone to another material shall include a stone cap or a brick sill; the cap or sill shall project from the face of the building. Don’t Do This: Do This: and stone comprise at least 50% of the wall area. 166 Revised October 2022September 2025 Don’t Do This: The masonry opening has no lintel, arch or soldier course. The masonry terminates at an exterior corner on this building. Do This: This building uses an adequate stone cap at its horizontal change in material; the cap projects from the face of the building. building; the vertical change in material form stone to brick and stucco does not occur within 4 feet of the exterior corner. 167 Revised October 2022September 2025 7. Building Modulation and Articulation Intent: Long, large buildings can be monotonous if they contain large or long expanses of surface area with no detailing or shadow lines; recesses and projections in building walls help to proportion and subdivide the massing of large buildings. Tall building walls with little detailing emphasize their height and dwarf human beings. Tall building walls shall have an apparent base, middle, and top. Standard: Facade Modulation. Any facade exceeding 30 feet in length shall include at least one change in wall plane, such as projections or recesses, having a depth of at least three (3) percent of the entire length of the facade; this projection or recess shall extend over at least 20% percent of the entire length of the facade. Roofs. Buildings larger than 50,000 square feet shall include both pitched and flat roofs with parapets. Vertical Building Bays. All building facades shall consist of vertical building bays that are a maximum of 30 feet in width. The edges of each bay shall be defined by a vertical architectural feature that projects or recesses from the wall plane a minimum of eight (8) inches. Building Base. A recognizable base shall include, but shall not be limited to: • Thicker walls, ledges, or sills. • Integrally textured, colored, or patterned materials such as stone or other masonry. • Raised planters which are integral to the building face. Building Top. A recognizable top shall include, but shall not be limited to: • Cornice treatments, other than just colored "stripes" or "bands," with integrally textured materials such as stone or other masonry or differently colored materials. • Sloping roofs with eaves and bracket. Don’t Do This: 168 Revised October 2022September 2025 Do This: The façade consists of vertical building bays no wider than 30’. This building has a clear building base and building top. 8. Building Scale Intent: To ensure a comfortable pedestrian experience, the scale of large buildings shall be visually reduced by elements that divide a large building into smaller proportions. Standard: Building walls shall be subdivided and proportioned using features such as windows, entrances, storefronts, arcades, arbors, awnings, trellises, or other similarly scaled architectural details. These features shall cover at least 90% of the building front wall length and at least 60% of other building wall lengths. The full width of each vertical building bay that contains the previously listed details shall be counted towards the minimum length of the building that must contain these details. 169 Revised October 2022September 2025 Don’t Do This: This building front contains few features to break up its length or large proportion; the features do not cover at least 90% of the building front. This building has a painted pattern; which is not enough of a feature to break up the large façade. Do This: This building breaks up the front façade into smaller proportions with storefronts, windows, awnings, other features; these features cover at building setbacks to break up the long façade; these features cover at 170 Revised October 2022September 2025 9. Pitched Roofs and Eaves Intent: Pitched roofs shall be simple hiphips, shed, or gable configurations. Roofline offsets shall be provided to lend architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof. The use of alternating dormers, stepped roofs, gables, or other roof elements can be used to add visual relief and articulation to the overall building form. Standard: Allowed Pitch Roof Configurations. Pitched roofs shall be gable, hip, or shed configurations with overhanging eaves. Visible Roof Standards: Roofs visible from pedestrians and vehicles shall be sloped and of an approved material in section 20.110-20. Sloped roofs shall have a pitch of 3:12 rise: run to 12:12 rise: run. Any portion of visible sloped roofs exceeding (80) feet in length shall include scaling elements including, but not limited to, a change in plate height, dormers, stepped roofs, and / or gables. Allowed Slope. Pitched roofs shall have a minimum slope of four (4) feet vertical rise for every twelve (12) feet of horizontal run; the maximum slope is limited to one (1) foot vertical rise for everyone (1) foot of horizontal run. Roof Modulation. A pitched roof more than 90 feet in length shall include a change in parapet height or pitched roof height at least every 90 feet. This change in height shall align with the vertical building bays. Buildings larger than 50,000 square feet shall include both pitched and flat roofs with parapets. Roof Elements. Continuous pitched rooflines greater than 90 feet in length shall include roof elements that align with the vertical building bays and roof modulation. Roof elements shall include, but shall not be limited to, dormers, stepped roofs, gables, or other roof elements that add significant visual relief to the roof line. Don’t Do This: The pitched roof lacks any overhanging eaves. This building is over 50,000 square feet and does not contain both pitched roofs and flat roofs with parapets. Do This: This pitched roof modulates. The pitched roof has overhanging eaves. 171 Revised October 2022September 2025 10. Gutters, Downspouts, and Scuppers Intent: Building devices used to control rainwater shall be compatible with the roofing system and shall not dominate the facade of a building. Parapets and cornices shall not be interrupted by stormwater elements. Standards: Gutters, downspouts, and scuppers shall be constructed of high-quality, commercial grade metal. These elements shall be integrated into the design of the elevation, placed in harmony with the forms and openings. Parapets shall be continuous above scuppers. Gutters are prohibited on flat roofs. Gutters, downspouts, and scuppers shall be shown on drawings submitted for Architectural Standard approval. Don’t Do This: These exposed gutters should only be used with a pitched roof; the exposed downspouts should be located at interior corners. These downspouts are incorrectly located at the exterior corners of the building. Do This: used with the flat roof section of the roof. Exposed gutters are allowed to be used with a pitched roof over the entry, but the downspouts would need to be located at an These downspouts are correctly located at the interior corner of the building. 172 Revised October 2022September 2025 11. Customer and Public Entrances Intent: Customer and public entrances shall ensure accessibility to the public, create primary focal points for the facade, and provide a comfortable proportion for the pedestrian entry. Standard: Number of Entrances. Buildings larger than 50,000 square feet (gross floor area) shall provide at least two (2) customer or public entrances. Buildings smaller than 50,000 square feet (gross floor area) are encouraged to provide multiple customer or public entrances. Location. Buildings larger than 50,000 square feet (gross floor area) shall orient customer or public entrances toward a public street or an internal street or drive. Prominent Entrances. Each building on a site, regardless of size, shall have clearly defined, highly-visible customer entrances featuring no less than three (3) of the following: • Awnings or porticos • Overhangs • Recesses/projections • Arcades • Raised corniced parapets over the door • Peaked roof forms • Arches • outdoor patios • Architectural details such as tile work and moldings integrated into the building structure and design • Integral planters or wing walls that incorporate landscaped areas and/or places for sitting Internal Circulation: All stairwells, corridors, and other circulation components of the building shall be completely enclosed within the building envelope. Don’t Do This: This large building has no entrance facing the street. The customer entrance on this building has no detailing. Do This: The customer entrances are prominently defined. This customer entrance contains columns, display windows, raised parapet and recesses. These customer entrances have adequate details; they contain awnings, display windows, overhangs and recesses. 173 Revised October 2022September 2025 12. Windows Intent: Windows shall be vertically proportioned; this allows the window opening to appear to be structurally supported. Window trim is not compatible with masonry construction. Upper story windows shall logically align with building bays and windows on the ground floor, so the upper floors look like they are part of the same building as the ground floor. Standards: Window Proportion. Windowpanes shall be vertically proportioned. Window Trim. Window openings on brick, stone, cast stone, or synthetic stone buildings shall not be trimmed. Lintels, sills, and arches are not considered trim. Window openings without trim or molding shall have window frames at least two (2) inches wide when looking at the finished façade of the building. Upper Story Windows. Windows located above the ground floor shall align with ground floor windows, ground floor doors, and the building modulation. Display Windows. The light source for display windows shall not be visible from the exterior of the building. Don’t Do This: These windows have horizontal window proportions. Do This: These windows have vertical proportions. The window has a window and a sill. The second story windows align with the vertical bays on the first floor. The window opening in the stone wall has no trim; the window frame is at least 2” wide. 174 Revised October 2022September 2025 13. Glazing Intent: The ground floor of commercial buildings shall be transparent. Ground floor transparency guarantees a visual connection to the passers-by and is usually necessary for most retail structures. By exposing the ground floor to the exterior, there is an invitation to participate with the activity inside. Standard: Required Transparency for Primary Facades. Primary facades shall be glazed and transparent according to the following table: Table 20.110-22 Glazing and Transparency Requirements Transect Required on All Required on All Primary • Between 25% and 60% of the second-floor façade and above shall be transparent glazing. • Transparent glass shall possess a minimum 60% light transmittance factor. • Areas of the building that are functionally restricted from providing vision glass may be exempted provided other architectural scaling techniques are employed. • No highly reflective glazing shall be permitted within the lower 80% of the building façade (maximum reflectance factor of .20) No first floor reflective coating is permitted. Primary Facades. A primary facade shall be considered any front facade or facade that fronts onto a street, access way, pedestrian walkway, or internal drive; alleys and service drives shall not be considered streets, access ways, or internal drives for the purposes of this requirement. Pedestrian View Plane. The pedestrian view plane shall be defined as the exterior wall area located between two (2) feet and ten (10) feet above the exterior grade. Pedestrian View Plane Exclusions. This standard shall not apply if the Director determines that the required transparency is inconsistent with the operational requirements of the building. 175 Revised October 2022September 2025 Don’t Do This: or transparent. At least 75% of the pedestrian view plane should be glazed transparent from the exterior or interior of the building. They meet Do This: transparent; at least 75% of the pedestrian view plane is glazed and at and transparent; at least 75% of the pedestrian view plane is 176 Revised October 2022September 2025 20.110.014(m) Administration and Procedures 1. Purpose and Applicability i. Purpose: This Section establishes procedures and requirements for the preparation, filing, and processing of the land use permit applications required by this Mixed-Use Code. ii. Applicability: The standards, permits, procedures, and other requirements of this Mixed-Use Code shall be administered and enforced per this ArticleChapter, unless specifically stated otherwise in this Mixed Mixed-Use Code. All applicable provisions of Title 20 of the Arlington Municipal Code (AMC) that are not specifically replaced or identified as not applicable shall continue to apply. iii. Effect of Existing and Proposed Development and Land Use 1. Requirements for new structures or land uses, or changes to structures or land uses. No permit shall be issued by the City unless the proposed project complies with all applicable provisions of this Mixed-Use Code and Title 20 of the AMC, including the applicable findings, conditions of approval, and all other applicable provisions of law. 2. Legal Parcel. The site of a proposed land use, development, modification or other improvement subject to this Mixed-Use Code shall be on a parcel(s) legally created in compliance with the City’s Subdivision or Binding Site Plan Regulations. Parcels created after the adoption of this Form-Based Code are subject to the requirements in Section 20.110.014(c) (Place Types) for the applicable Transect Zone. 3. Minimum requirements. The provisions of this Mixed-Use Code are minimum requirements for the protection and promotion of the public health, safety, and general welfare. When this Mixed-Use Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose conditions on the approval of any project proposed in the area subject to this Mixed Use. 4. Effect on Existing Development and Land Uses. Development and/or use(s) legally existing as of the adoption of this Mixed-Use Code shall comply with Section 20.110.014(m) (4) (Nonconforming Provisions). 20.110.014(n) Application and Processing Procedures 1. Purpose: The purpose of this Section is to set forth permit procedures and requirements for the preparation, filing, and processing of development applications required by this Mixed-Use Code. 2. Authority for Land Use and Zoning Decisions: Table 20.110-2223, below, identifies the Review Authority responsible for review, approval, and appeal of all applications for property located within the Mixed-Use Regulating Plan boundaries. Permits and procedures specific to this Mixed-Use Code are in Division 20.110.014(o) (Permit Review Procedures). 177 Revised October 2022September 2025 Table 20.110-2223: Review Authority Review Authority Type of Action 1,2 Director Special Use Permit Decision 3 33 Appeal 3 4 Design Review with Mixed Use Overlay Projects Decision3 3 Appeal3 45 1 Appeals from the final decision of the director shall be made to the Hearing Examiner pursuant to AMC Chapter 20.20, within fourteen days of the date of decision or action became final, unless another applicable appeal process or time period is established by state law or local ordinance. 1 2 Appeals from the final decision of the hearing examiner, or other city board or body involving the city's land use code and for which all other appeals specifically authorized have been timely exhausted, shall be made to Snohomish County Superior Court pursuant to the Land Use Petition Act, Chapter 36.70C RCW, within twenty-one days of the date the decision or action became final, unless another applicable appeal process or time period is established by state law or local ordinance. 3 A Special Use Permit follows the regulations of AMC Chapter 20.16. If the Director makes the Special Use Permit decision, then the decision is appealable to the Hearing Examiner. If the Hearing Examiner makes the Special Use Permit decision, then the appeal is to Snohomish County Superior Court. 2 4 Notwithstanding any other provisions of this chapter, whenever a Place Type Use Table or other provisions of this Section provides that a use in a Mixed Use Zone is permissible with a zoning permit, a special use permit shall nevertheless be required if the community development director finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the community development director shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the Transect in question. 3A Special Use Permit follows the regulations of AMC Chapter 20.16. If the Director makes the Special Use Permit decision, then the decision is appealable to the Hearing Examiner. If the Hearing Examiner makes the Special Use Permit decision, then the appeal is to Snohomish County Superior Court. 45 The process for variances shall follow the provisions contained in AMC Section 20.20.30 (Variances). 178 Revised October 2022September 2025 3. Application Preparation and Filing: i. Application content. All development applications shall be filed with the Community Development Department on a City application form, together with all required fees and/or deposits and all other information and materials specified by the Community Development Department for the specific type of application. ii. Eligibility. An application may only be filed by the owner of the property, an authorized agent of the owner, a person acting in compliance with a purchase contract or other written consent, or the Director on behalf of the City Council. iii. Application Fees: 1. Fee Schedule a. The City maintains a schedule of fees for processing applications required by this Mixed-Use Code, hereafter referred to as the Community Development Fee Schedule. b. The Community Development Fee Schedule is adopted by resolution of the City Council. This Fee Schedule may be evaluated and/or amended as often as determined to be necessary by the City Council. 2. Timing of Payment. a. Applications shall not be deemed complete, and processing shall not commence on any application until all required fees or deposits have been paid. b. Failure to pay supplemental requests for payment of required fees and/or deposits in a timely fashion shall be a basis for postponement or automatic withdrawal of any permit or other requested entitlement, notwithstanding any other provisions of this Mixed-Use Code. 3. Refunds and Withdrawals. a. No refund due to denial shall be allowed. b. In the case of a withdrawal, the Director shall may authorize a partial up to a 50% if within drawn prior to public notification for the project and is subject torefund based upon the pro-rated costs to-date and the status of the application at the time of withdrawal. 20.110.014(o) Project Permit Review Procedures 1. Purpose: This Section establishes review procedures for project permits required by this Mixed-Use Code. Other permit review Sections of AMC Title 20 may be included in this Section by reference when an exception or modification requires additional clarification in order to implement this Mixed Used Code. 2. Permits and Procedures: i. Project Permit Review. 1. Purpose. The purpose of this Section is to provide the appropriate level of review for specified development projects in the Mixed-Use Regulating Plan area. As applied to the Mixed-Use Overlay District, these requirements replace the Design Review procedures in Chapter 20.46 of the AMC. 2. Intent. The intent of this Section is to ensure that all approved development: a. Promotes the orderly development of the City in compliance with the goals, objectives, and policies of the Comprehensive Plan, and the Land Use Code; b. Protects and enhances property values by encouraging high quality and aesthetically pleasing development; c. Respects the physical and environmental characteristics of the site; d. Ensures safe and convenient access and circulation for pedestrians, bicycles, and motor vehicles; e. Exemplifies the best professional high-quality materials and design practices; f. Allows for and encourages individual identity for specific structures and uses; and g. Encourages the maintenance of distinct neighborhoods and/or community identity. 179 Revised October 2022September 2025 3. Applicability a. Permit Review Required. No Building Permit shall be issued for any structure or improvement identified in Table 20.110-22 23 (Review Authority for Permit Review), in any Mixed Use Transect until the permit review is complete for any construction that is not specified as exempt in compliance with Section 4 (Exemptions), below. b. Other permits and approvals. Project Review may be required in compliance with this Section in connection with the granting of other permits (e.g., Conditional Use Permit, Special Use Permit). 4. Exemptions a. The following types of construction are exempt from the Project Review provisions of this Section but shall comply with all other applicable requirements of the Land Use Code: i. All painting, siding, roofing, and other maintenance and replacement items with like or compatible materials or colors. ii. Decks of no higher than four feet from grade at any point (excluding railings). Replacement of existing decks where the structure is similar in size, design, and appearance to the deck replaced. iii. Residences and residential additions of less than 250 square feet total floor area and less than 15 feet in height above the existing grade, except exempt residences and residential additions, including but not limited to minor window, door, and roof modifications. Exception status may not be granted from Project Review for more than one addition in any twelve-month time frame. iv. Accessory structure of less than 250 square feet total floor area and less than nine feet in height from the existing grade. v. Commercial additions or improvements of less than 500 square feet to building or site surfaces, not abutting Transects, T4-SV, or T4N- MV. Replacement or reconstruction of existing equipment and appurtenant facilities where the new equipment and facilities are similar in size, design, and appearance to the equipment or facility replaced. vi. For temporary structures of less than 500 square feet total floor area on commercial or industrially zoned property, not abutting Transects T4N-SV, or T4N- MV, Project Review shall not be required unless determined necessary by the Director or his/her designee. b. Any exterior development of a structure or specific site feature listed on the National Register of Historic Places, the Washington Heritage Register, or the Heritage Barn Register or identified as a contributing structure to a historic district identified in other state or county historic registries or as determined by a qualified architectural historian or state or federal historic preservation organization as having significant historic contribution to an area shall not be exempt. 5. Applicable Review Authority. An application for Project Review shall be reviewed and approved or denied by the Review Authority specified in Table 20.110-23 24 (Review Authority for Project Review), below, unless the application is being processed concurrently with another discretionary application, in which case the decision shall be made by the review authority responsible for reviewing any other application (e.g., Conditional Use Permit, Variance etc.) in compliance with Table 20.110-23 22 (Review Authority) and the provisions of this Mixed Use Code. 6. Application Filing, Processing, and Noticing. a. All applicants for Project Review are strongly encouraged to work with their neighborhood Homeowners Association prior to submitting a formal application for Project Review with the City of Arlington. b. An application for a Project Review shall be filed and processed in compliance with Section 20.110.014(o) (Permit Review Procedures). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 7 (Findings/Conditions of Approval and Decision), below. 180 Revised October 2022September 2025 c. Notice and Hearings. Public notice and hearings shall be conducted in compliance with Section 20.16.230 (Notices) and Chapter 20.24 (Hearing and Pre-Hearing Procedures). 7. Findings/Conditions of Approval. a. In granting Project Review approval, the Review Authority shall first make all of the following findings. All findings shall be based upon the factual data presented to the Review Authority. If all findings cannot be made, the Project Review application shall be denied with or without prejudice at the Review Authority’s discretion: i. The proposed project is suitable for its purpose, is harmonious with and relates properly to, the surrounding neighborhood, contiguous parcels, and the site itself; ii. The location, size, design, and characteristics of the proposed project will be compatible with and will not be detrimental to the public health, safety, or welfare of persons residing in or working in or adjacent to the proposed project: iii. The overall design will be of a quality that will preserve the integrity of, and upgrade, the existing neighborhood; iv. The design of the proposed project complies with the Arlington Comprehensive Plan and all applicable provisions of AMC Title 20 (Zoning Code). v. Any projects requiring a SEPA review and where the Project Review Authority is the final discretionary review prior to issuance of building permits may not be approved unless there has been a determination of non-significance by the lead agency (as defined in Chapter 20.98), or the conditions stipulated in the determination of significance have been met. If the City has completed a SEPA review for the specific Mixed Use Overlay area, the provisions if this Section do not apply. b. The Review Authority shall have the authority to impose reasonable conditions related to design impacts caused by the project when approving the Project Review application in order to: i. Achieve the specific purposes of the Transect Zone in which the project is to be located, the general purposes of the Zoning Code, and consistency with the Comprehensive Plan; ii. Protect the public health, safety, and welfare of the citizens of the City. iii. Ensure that the design of the proposed project will be compatible with the area surrounding where it will be located. 181 Revised October 2022September 2025 Table 20.110.23 (A)24 Role of Review Authority Director 1 Hearing Examiner Residential Development parcels under the same ownership discretionary approval by the Planning Commission or City Council Decision -family dwelling units that exceed 500 square feet or 25 per cent of Decision Decision -family 49 units or less. Decision Appeal -family 50 units or more. Recommendation Decision Non-Residential and Mixed-Use Development Feet of gross floor area, except as otherwise Decision Appeal -residential zones that are 30 percent of less of existing -of-way or alley. Decision Appeal public right-of-way or alley. Recommendation Decision -Use Developments: Fee Simple Lots of less than 9 lots or multi-family 49 units or less. Decision Appeal -Use Developments: Fee Simple Lots of 10 lots or more or multi-family 50 units or more. Recommendation Decision Other -of-way frontages. Decision Decision Decision The Director may, at his/her discretion, defer action and refer the request to the Hearing Examiner for decision. 182 Revised October 2022September 2025 8. Decision and Appeals. a. The Review Authority shall render its decision on a project review application in accordance with Chapter 20.16 AMC. 9. Miscellaneous. a. The approval of a Project Review application shall lapse two years after its date of approval, or at an alternate time specified as a condition of approval, unless: i. A building permit has been issued and construction diligently pursued, or; ii. A certificate of occupancy has been issued; or iii. The Land Use Permit has been extended. b. A Project Review approval is not affected by a change of ownership and shall run with the land. c. A Project Review approval that is exercised in violation of a condition of approval or a provision of this Subsection, may be revoked or modified as set forth in Section 20.110.014 (o) (Revocation/Modification Provisions). d. A request for minor changes in the exterior design of projects approved by the Review Authority may be approved by the Director, although such changes shall be limited to changes in window orientation and scale, landscaping materials and placement, and detailing. e. The Director may renew Project Review approvals for a single one-year period If a request is received at least 30 calendar days before approval lapses and the Land Use permit has been likewise extended. f. If an application for Project Review is denied, then no new application for the same, or substantially the same design shall be filed within six months of the date of the denial of the initial application, unless that denial was made without prejudice. 3. 10. Zoning /Special Use Permit/Conditional Use Permits i. Purpose. The purpose of a Zoning Permit (ZON), Special Use Permit (SUP) or Conditional Use Permit (CUP) is to provide sufficient flexibility in the permitted use regulations in order to further the objectives of this Mixed-Use Code. A ZON, SUP or CUP provides a process for reviewing uses that may be appropriate in the applicable Transect Zone, but whose effects on a site and surroundings cannot be determined before being proposed for a specific site. A special use permit allows uses that have increased potential for incompatibility in a Transect to be carefully reviewed to determine, against fixed standards, whether their establishment on any given site should be allowed. These uses may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. There may be additional conditions placed on the proposed development to better ensure compatibility with existing development within the Transect. Such conditions may include, but are not limited to, the following: 1. Regulate the location, extent, business hours, and intensity of proposed use(s). 2. Require additional landscaping or screening of such uses by means of fences, walls, and vegetation; 3. Stipulate required minimum lot sizes, minimum yards, and maximum height of buildings and structures; 4. Regulate vehicular access and traffic volume, and the design and location of parking and loading areas and structures; 5. Regulate signs, architectural features, and outdoor lighting to be more compatible with the surrounding neighborhood; 6. Require that certain covenants or dedications for public streets be designed and recorded in accordance with regulations in the Subdivision Ordinance, and/or the Binding Site Plan Ordinance; 7. Any other conditions deemed necessary to affect the purposes of the Mixed Use Overly code. ii. Review Authority. Zoning Permits shall be approved or denied by the Director, Special Use Permits shall be approved or denied by the Director or Hearing Examiner. The Director may choose to refer any Special Use Permit application to the Hearing Examiner for review and final decision. Conditional Use Permits shall be approved or denied by the Hearing Examiner. The permit decision process shall follow the procedures of AMC 20.16 (Permits and Land Division). 183 Revised October 2022September 2025 iii. Application Filing, Processing, and Noticing. 1. Filing. An application for a Zoning Permit, Special Use Permit or Conditional Use Permit shall be filed and processed in compliance with Section Chapter 2.10.220.16 (Application Processing ProceduresPermits and Land Division Approval). It is the responsibility of the applicant to provide evidence in support of the findings required by Section 5 (Findings and Decision), below. 2. Notice and Hearings. Public notice and hearings shall be conducted in compliance with Section 20.16.230 (Notices). 3. Required findings. The Review Authority may approve a Special Use Permit or Conditional Use Permit only after first making all of the following findings: a. The proposed use is consistent with Comprehensive Plan; b. The proposed use is allowable within the applicable Transect Zone and complies with all other applicable provisions of this Mixed-Use Code and the Municipal Code; c. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity; d. The subject site is: iv. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicles (e.g., fire and medical) access and public services and utilities; and iiv. Served by thoroughfares adequate to accommodate vehicle and other modes of transportation that the proposed use would likely generate. viii. The site’s suitability ensures that the type, density, and intensity of use being proposed will not endanger, jeopardize, or otherwise constitute a hazard to the public interest, health, safety, convenience, or welfare, or be materially detrimental to the improvements, persons, property, or uses in the vicinity and Transect Zone in which the property is located; and ivii. The applicant agrees in writing to comply with any and all of the conditions imposed by the Review Authority inwith the approval of the Special Use Permit or Conditional Use Permit. viii. Decisions and Appeals. 1. The permit decisions and appeals shall follow code AMC Chapters: §20.16 (Permits and Land Division), §20.20 (Appeals, Variances, and Interpretations), and §20.24 (Hearing and Pre-Hearing Procedures for Appeals and Applications). iv. Permit to run with the Land. A Special Permit approved in compliance with the provisions of this Section shall continue to be valid upon a change of ownership of the business, parcel, service, structure, or use that was the subject of the permit application in the same area, configuration, and manner as it was originally approved in compliance with this Section and the provisions of Section 20.110.0140(p) Nonconforming Provisions. Section 20.110.014(p) Nonconforming Conditions 1. 1. Purpose. This Division provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption, or amendment of this Mixed-Use Code, but which would be prohibited, regulated, or restricted differently under this Code. 2. Intent. i. In order to limit the number and extent of nonconforming uses, structures, and parcels created by adoption of this Mixed-Use Code, it is the City’s intent to generally allow nonconformities to continue until they are removed, but not to encourage their long-term survival. ii. It is further the intent of this Section that nonconformities shall not be altered, enlarged, expanded, extended, moved, reconstructed, or reestablished after abandonment or discontinuance or restored after involuntary destruction, except in compliance with this Section. 184 Revised October 2022September 2025 iii. This Section shall not apply to any use or structure established in violation of Title 20 of the AMC, unless the use or structure presently conforms to the provisions of this Mixed-Use Code. 3. Proof of Legal Nonconformity. The property owner has the burden to prove the claim of legal nonconformity and the related protected status that comes with that claim as specified in this Section. i. Property owner’s responsibility. The property owner shall provide sufficient evidence to the satisfaction of the Director that the subject property is a legal nonconformity as specified in this Section. ii. Appeal of determination. The Director’s determination of legal nonconformity shall be appealable to the Hearing Examiner. 4. Nonconforming Uses. A legal nonconforming land use may be continued, including transfers of ownership, provided that their continuation shall comply with the requirements of this Section. i. Continuance of a legal nonconforming use. The continuance of a legal nonconforming use shall be allowed subject to all of the following provisions: 1. Change of ownership. Change of ownership, management, or tenancy of a nonconforming use shall not affect its nonconforming status, provided that the use and intensity of use, as determined by the Director, does not change. 2. Additional development. Additional development (e.g., alteration, enlargement, extension, or reconstruction) of any property on which a nonconforming use exists shall require that all new development be in compliance withfollows the applicable provisions of this Mixed-Use Code. 3. Conversion of a nonconforming use. If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed. 4. Changes to a nonconforming use. A nonconforming use shall not be established or replaced by another nonconforming use, nor shall any nonconforming use be expanded or changed, except as provided in this Section. 5. A vacant property or building in which the last use was nonconforming may be occupied by the same use if occupied within a period of 180 days after the building became vacant. After this time period, the building/property must comply with the requirements of this Mixed-Use Code, except as noted in Subsection (f) below. 6. Nonconforming uses within a commercial or industrial development. A nonconforming use located within a commercial or industrial development may be replaced by another similar nonconforming use only after the Director first finds all of the following: a. The nonconforming use is similar to or less intensive than the use originally allowed; b. The nonconforming use generally adheres to the intent of the Comprehensive Plan. c. The nonconforming use will not adversely affect or be materially detrimental to adjoining properties; and d. The non-conforming use has not been vacant or discontinued for a period of 180 or more consecutive calendar days. 7. Use of landsland without structures: a. If any lands with no structure of any kind is used for a purpose which is not in compliance with the regulations of this Mixed-Use Code, the use may continue for a period of up to five years from the date of the adoption of this Code. b. After the expiration of the five-year period, the property owner will be required, in consultation with the Community Development Department, to develop a phased development plan. 5. Nonconforming Structures. The use of a legal nonconforming structure may be continued, including transfers of ownership, provided that their continuation shall comply with the requirements of this Section. i. Enlargement or moving. Nonconforming structures shall not be enlarged, extended, moved, or reconstructed unless the new 185 Revised October 2022September 2025 location or enlargement, extension, or reconstruction conforms to the current development standards for the Transect Zone in which the structure is located. ii. Ordinary maintenance, repairs, and replacements; a. Ordinary maintenance and repairs. Nonconforming structures may undergo ordinary maintenance and repairs. b. Partial replacements. i. Limited portions of nonconforming structures may be replaced so long as the cost of replacement does not exceed 25 percent of the structure’s appraised valuation. ii. Successive replacements in any 24-month period cannot exceed 25 percent of the structure's appraised value. The appraised value shall be set on the date of the oldest building permit pulled within the 24-month period. iii. The restrictions specified in this Subsection shall not apply to affordable housing developments if their application would decrease the number of low- income rental housing units available in the City. 6. Nonconforming Parcels. i. Legal building site. A nonconforming parcel that does not comply with the applicable area, depth, or width, requirements of this Mixed-Use Code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant: a. The parcel was created by a recorded subdivision; b. The parcel is under one ownership and was legally created by a recorded deed before the effective date of the amendment that made the parcel nonconforming; or c. The parcel was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent. ii. Subdivision of a nonconforming parcel. No nonconforming parcel shall be subdivided or granted a lot line adjustment unless the subdivision or lot line adjustment eliminates the nonconforming status. 7. Effect of Conditional/Special Use Permit Requirements. i. Absence of Conditional/Special Use Permit. A use lawfully existing without the approval of a Conditional Use Permit or Special Use Permit that would be required by this Mixed-Use Code shall be deemed conforming only to the extent of its previous lawful use (e.g., maintaining the same site area boundaries, hours of operation, etc.). Any change in use would require the approval of a new Conditional Use Permit or Special Use Permit. ii. Previous Conditional Use Permit in Effect. A use that was authorized by a Conditional Use Permit but is not allowed by this Mixed-Use Code in its current location may continue, subject to the requirements of this Section and in compliance with the original Conditional Use Permit and conditions of approval. 8. Residential Exemptions. An involuntarily damaged or destroyed nonconforming single- or multifamily dwelling unit may be reconstructed or replaced with a multifamily structure with the same footprint (including pre-existing nonconforming setbacks), height, and number of dwelling units, in compliance with current Building and Fire Code requirements. 9. Loss of Nonconforming Status of a Legal Nonconforming Structure. i. Termination by discontinuance. 1. If the use of a nonconforming structure is discontinued for a continuous period of 180 days, the structure shall lose its legal nonconforming status, and shall be removed or altered to conform to the applicable provisions of this Form-Based Code. 2. The use of a nonconforming structure shall be considered discontinued when any of the following apply: a. The: intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the Director (for example the owner has not renewed the business license or utility bills are unpaid); 186 Revised October 2022September 2025 b. Where characteristic furnishings and equipment associated with the use have been removed and not replaced with equivalent furnishings and equipment during this time, and where normal occupancy and/or use has been discontinued; or c. Where there are no expense or sales receipts available for the discontinued period. ii. Termination by destruction. 1. Nonconforming status shall terminate if a nonconforming structure is involuntarily damaged or destroyed as a result of an accident or by earthquake, fire, flood, or other acts of nature, except as follows: a. If the cost of repairing or replacing the damaged portion of the structure is 50 percent or less of the appraised value of the structure immediately before the damage, the structure may be restored to no more than the same size, building envelope, and use, and the use continued, if the restoration is started within 12 months of the date of damage and is completed within two years following initiation of restoration: i. Appraised values shall be determined by a State licensed appraiser and confirmed by the Building Official. ii. Estimates for repairing or replacing the damaged portion of the structure shall be made by or shall be reviewed and approved by the Building Official and shall be based on the minimum cost of construction in compliance with the Building Code. 10. Exceptions. i. Following a public hearing, the Hearing Examiner may approve or deny an exception to this Section including any conditions of approval deemed necessary, so long as an applicant can provide evidence of the following: 1. That the building or structure was erected in compliance with the existing codes of the City which were in effect at the time that the building or structure was erected, 2. That the granting of an exception will not substantially alter the intention of the Transect Zone within which the building or structure is located, and 3. That granting an exception will not absolve or excuse an applicant for a permit from the full provisions of the Building Code and the requirements for compliance thereto. 187 Revised October 2022September 2025 20.110.016 APPENDIX 20.110.016(a) General Definitions, General 20.110.016(b) Definitions Specific to Permissible Uses 20.110.016(c) Comprehensive Plan Goals and Policies achieved through this land use plan. 20.110.016(d) Acknowledgements 188 Revised October 2022September 2025 20.110.016(a) General Definitions, General Accessory Unit: (see definition in 3.2 Definitions Specific to Permissible Uses) Activity Centers - mixed-use centers that vary by scale and activity mix depending on location. They include commercial, retail, offices, residential, shared parking, and public spaces. This plan identifies existing and potentially new activity centers throughout the planning area. ADA - Americans with Disabilities Act. Adaptive Re-use - fixing up and remodeling a building or space, adapting the building or space to fit a new use. Adequate Public Facilities - the public facilities and services necessary to maintain an adopted level of service standards in specific geographic areas for various facilities, including but not limited to streets, park and recreation facilities, water and sewer service, storm drainage, and fire and police protection. Administrative Facilities - typically thought of office space, housing offices, conference rooms, training rooms, reception areas, copy and break areas, filing, storage, and workstations. Administrative space is approximately 60 to 70 percent offices/workstations and 30 to 40 percent common/support space. Agricultural Lands - are lands used primarily for raising crops, forage and livestock, and community gardens. Airport - An area of land or water that is designed or set aside for the landing and taking off of aircraft, including those for private use and those used by ultra-light and light sport aircraft. Alley: a vehicular passageway usually located to the rear of lots providing access to service areas and parking and containing utility easements. Alleys will generally be paved with drainage by inverted crown at the center or with roll curbs at the edges. Amenity Zone: the band between the back of curb and the sidewalk which contains such things as street trees, pedestrian scale lighting, street furnishings and bicycle parking. Appropriate Locations (for land uses) - areas that are determined to be appropriate for a particular type of land use or activity, as typically measured by compatibility of land use; appropriate levels of impact, such as may result from noise, lighting, or other environmental effects. Arterial Street - larger road or highway purposed to carry longer trips across the region and to other regions. Attached Green: a public open space which is located between a residential property and a street with adjacent homes facing the open space. An attached green is less than a block in length. Avenue (AV): a thoroughfare of high vehicular capacity and low speed. Avenues are short distance connectors between urban centers. Avenues may be equipped with a landscaped median. Avenues become collectors upon exiting urban areas. Best Management Practice (BMP) – Schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices, that when used singly or in combination, prevent or reduce the release of pollutants to waters of Washington State. “Big Box” Development - developments over 50,000 square feet; usually national chain commercial retail stores with large parking lots. Block Face: the aggregate of all the building facades on one side of a block. The Block Face provides the context for establishing architectural harmony. Block: the aggregate of private lots, passages, rear lanes and alleys, circumscribed by thoroughfares. 189 Revised October 2022September 2025 Bonding - approved municipal bonds are interest-bearing securities that are issued for the purpose of financing local infrastructure improvements. Repayment periods from a few months to 40 years allows the issuer to pay for capital projects it cannot pay for immediately with funds on hand. Boulevard (BV): a thoroughfare designed for high vehicular capacity and moderate speed. Boulevards are long-distance thoroughfares traversing urbanized areas. Boulevards are usually equipped with slip roads buffering sidewalks and buildings. Boulevards become arterials upon exiting urban areas. Building - a roofed structure built, maintained, or intended to be used for the shelter or enclosure of persons, animals, or property of any kind. The term is inclusive of any part thereof. Where independent units with separate entrances are divided by party walls, each unit is a building. Building Face: an exterior building wall. For the purposes of this Chapter, it is one which is visible from a public street alley, or public trail or open space and subject to the standards herein. Building Type: a structure category determined by function, position on the lot, and configuration, including frontage and height. For example, a townhome is a type, not a style. Building Type Categories: are categories of building types that can represent different market sector demands and are an important part of creating intergenerational neighborhoods. Build-to Line. The line at which construction of a building façade is to occur onoccurs a lot. A build-to line runs parallel to and is measured generally from the front property line and is established to create an even (more or less even) building façade line on a street. It is distinguished from a setback line in that it is an absolute dimension (minimum and maximum), not a setback minimum dimension. Capped Blocks (or End-Capped Blocks): are blocks where along the short side, homes are turned 90 degrees and front on what is usually called a side street. This provides attractive block faces in all directions. Casing: Casing is the trim/molding around a door or window. It may be either flat or molded. It can also be used to cover or encase a structural member, such as a post or beam. Civic Activities - Not-for-profit or governmental activities dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building designed specifically for a civic function. Civic Buildings include buildings for not-for-profit organizations dedicated to arts, culture, education, recreation, government and transit. These buildings are encouraged to be high image buildings and may exceed the standards set out in the FB District. Commercial: the term collectively defining workplace, office, retail and light manufacturing/industrial functions. Civic Space - an outdoor area dedicated for public activities. Cluster Development - a practice of low-impact development that groups residential properties closer together, which can be a means of preserving rural resources and minimizing service and utility costs as well as maximizing protection of natural resources and open space. Collector Street - a street purposed with collecting traffic from surrounding local roads, often within a neighborhood or district, and delivering to an arterial street. Commercial Cores - the center of every activity center has a commercial core, allowing and encouraging commercial, institutional, high-density residential and mixed-use development, transit opportunities and encouraging pedestrian- oriented design. 190 Revised October 2022September 2025 Community Facilities - public or privately owned facilities used by the public (e.g., streets, schools, libraries, parks) and facilities owned by nonprofit private agencies (e.g., churches, safe houses, and neighborhood associations). Commuter [Bus] Route - a fixed bus route running only during peak commute times, usually in the morning and evening. Compact Development - development that uses land efficiently through creative and intensive site, neighborhood, and district design. Complete Streets - streets, roadways, and highways that are designed to safely and attractively accommodate all transportation users (drivers, bus riders, pedestrians, and bicyclists). Travelers of all ages and abilities can safely move along and across a complete street. Context (or Contextual Development) - refers to the significant development, or resources, of the property itself, the surrounding properties, and the neighborhood. Development is contextual if it is designed to complement the surrounding significant visual and physical characteristics; is cohesive and visually unobtrusive in terms of scale, texture, and continuity; and if it maintains the overall patterns of development. Compatibility utilizes the basic design principles of composition, rhythm, emphasis, transition, simplicity, and balance of the design with the surrounding environment. Context Sensitive Solution (CSS) - a way of designing and building transportation facilities and infrastructure to seamlessly reflect and minimize impacts on adjacent land uses and environmentally sensitive areas. A CSS project complements its physical and natural setting while maintaining safety and mobility. Conventional Zoning - a practice of urban planning where every day uses are separated from each other and where land uses of the same type are grouped together. It is also referred to as Euclidean zoning. Cultural Resources - aspects of a cultural system that are valued by or significantly representative or informative of a culture, and generally referring to archaeological resources and the histories surrounding these cultures. Density - the amount of development within a given area, usually expressed in dwelling units, population, or employment per acre or square mile. Design Standards - standards and regulations pertaining to the physical development of a site including requirements pertaining to yards, heights, lot area, fences, walls, landscaping area, access, parking, signs, setbacks, and other physical requirements. Development - the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into parcels by any property owner. When appropriate to the context, development refers to the act of development or to the result of development within the City. Disaster Preparedness Shelter - structure(s) used during such instances where there is an imminent loss to sleeping areas identified through a declaration of threat, disaster, or emergency by means of a natural disaster, or other identified community threat. The shelter may or may not have food preparation or shower facilities. Diverse Neighborhoods - include a mix of uses, with various housing types near or mixed in with restaurants, shops, grocers, banks, hair salons, coffee shops, day care centers, fitness studios, and law, dental, and insurance offices. In these type of neighborhoods, residents can find more products and services close by, and it creates potential for employment, walking, biking, and less driving. A mix of housing types means more people can work close to home Effluent - wastewater (treated or untreated) that flows out of a treatment plant, sewer, or industrial outfall. In the context of wastewater treatment plants, effluent that has been treated is sometimes called secondary effluent, oreffluent or treated effluent. 191 Revised October 2022September 2025 Emergency Services - services to the public for emergencies and related buildings or garages (e.g., ambulance, fire, police, and rescue). Emergency Shelter - a type of homeless shelter that provides temporary housing on a first-come, first-served basis where clients must leave in the morning and have no guaranteed bed for the next night or provide beds for a specific period of time, regardless of whether or not clients leave the building. Facilities that provide temporary shelter during extremely cold weather (such as churches) are also included. Employment Center - an activity center with mixed-use; research and development offices; medical offices; office space; business park; retail, restaurant, and tourism center; light-industrial; heavy-industrial; live-work spaces; and home-based businesses. Environmentally Sensitive Lands - include floodplains, riparian areas, wetlands, seeps and springs, and steep slopes. These areas contain critical resources and require special consideration in the development design and review process. Euclidean Zoning - a practice of urban planning where every day uses are separated from each other and where land uses of the same type are grouped together. It is also referred to as conventional zoning. Financial System - how public revenues and expenditures are managed, including planning for future needs. Flex Space: Floor area built to provide for flexibility of use over time, and which is constructed in a manner that can accommodate residential, office or retail use. It will conform to commercial Building Code standards and ADA accessibility, andaccessibility and have at least a 12-foot clear ceiling height. Floodplain - any areas in a watercourse that have been or may be covered partially or wholly by floodwater from a 100-year flood as located on the most current FEMA flood map. Form Based Code (FBC): Refers to development standards that focus primarily on the public realm such as street corridors, open space and civic areas. Such standards utilize timeless principles of "place making". Gentrification - is a shift in an urban community towards wealthier residents and/or businesses and increasing property values, often at the expense of the poorer residents of the community. This is a result of the process of renewal and rebuilding. GIS - a Geographic Information System (GIS) designed to capture, store, manipulate, analyze, manage, and present geographical data to reveal relationships, patterns, and trends. Government Offices - include governmental office buildings and grounds. Governmental Service and Maintenance Facilities - support the maintenance and servicing activities of government- owned land, property, and buildings. Great Streets - streets designed to take into account their entire three-dimensional visual corridor, including the public realm and adjacent land uses. Great streets are “complete” streets, meaning they service and take into account all users — not just motor vehicles, and serve as interesting, lively, and attractive community spaces. Greenfield Development - when previously undeveloped land is developed, this is known as a “greenfield development,” and it can often be the best examples of sustainability principles in action. Across the country, there are new Greenfield developments that incorporate sustainable programs and technologies, including lifecycle housing, complete streets, parks and open spaces, integrated retail and office, energy-efficient buildings, innovative rainwater and stormwater facilities, sidewalks and trails, and other features. Private lands within the city and county hold entitlements for development. Green Infrastructure - An interconnected network of waterways, wetlands, woodlands, wildlife habitats, and other natural areas of county-wide significance. 192 Revised October 2022September 2025 Heritage Resources - an inclusive term of cultural and historic resources, enveloping historic buildings, a historic building’s setting, as well as paleontological and archaeological resources, including all of the cultures of native peoples and western civilization, and including natural features and landscapes of significant uniqueness to an area. The term is more consistent with international standards and definitions. In the United States, the term “Heritage Resource” is technically interchangeable with the term “Cultural Resource. Historic and Cultural Areas - are lands that contain significant historic or cultural resources Historic Development - includes buildings, roads, signage, lighting, and landscaping. Home Occupation: (see definition in 3.2 Definitions Specific to Permissible Uses) Human-Caused Hazards - hazards resulting from human developments or activities such as faulty construction; poor site layout; improper location of land uses; airport approaches or high noise areas; over-pumping of groundwater; or use, storage, or disposal of explosive, flammable, toxic, or other dangerous materials or crime. These hazards may pose a threat to life and property and may necessitate costly public improvements. Infill - occurs when new buildings are built on vacant parcels within city service boundaries and surrounded by existing development. Infrastructure - includes but is not limited to sewer lines, water lines, reclaimed water lines, roads, intersections, sidewalks, landscaping in the right-of-way, gateways, housing, green infrastructure, public art, and in some cases may include utilities such as electric power, data, natural gas, cable television, and telephone. Invasive Species - a species that spreads and establishes over large areas and persists. Some native plants can be considered invasive in certain circumstances. The national Invasive Species Council defines invasive species as a species that is: (1) non-native (or alien) to the ecosystem under consideration; and (2) whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Livability Index - a means to quantitatively measure “quality of life” in a particular city. The number is based upon various factors, such as average wage, cost of living, pollution, social services, cultural opportunities, and diversity. Liner Building: a building specifically designed to mask a parking lot or a parking garage from a street or open space. A Liner Building,A Liner Building must be at least 30 feet deep and accommodate any allowed use but parking. Live-Work: a fee-simple dwelling unit that contains, to a limited extent, a separate commercial component. There will be separate entries to the commercial and residential components. There may also be an internal connection between the uses. At least one resident must be actively involved in the business. Loft: a flexible residential space which may be partially used for an artist or design studio, or other allowed creative or commercial activity, and which is characterized by higher than normal ceilings, open floor plans and often, exposed duct work. Mews Alley: and alley that serves residents or businesses which face directly on to public open space or a Green Street and is commonly used for addressing, fire protection, mail delivery and access to parking. Local Streets - serve immediate access to property and are designed to discourage longer trips through a neighborhood. LOS - Level of Service. Low-Impact Development (LID) – a site planning and engineering design approach to managing stormwater runoff. Unlike traditional methods of stormwater design, LID emphasizes conservation and use of on-site natural features to protect water quality. This approach 193 Revised October 2022September 2025 implements engineered small-scale hydrologic controls to replicate the pre-development hydrologic features of watersheds through infiltration, filtering, sorting, evaporation, and detaining. Maximum Extent Practicable (MEP) - Designing stormwater management systems so that all reasonable opportunities for using Low Impact Design Development planning techniques and treatment practices are exhausted and only where absolutely necessary, a structural Best Management Practice is implemented. Mixed-Use Development - any urban, suburban, or rural development, or even a single building, that blends a combination of residential, commercial, cultural, institutional, or industrial uses, where those functions are physically and functionally integrated, and that provides multi-modal connectivity..connectivity. Mobility - the degree to which people and goods may move safely, efficiently, and effectively between origins and destinations. Mode - a means of travel such as pedestrian, bicycle, transit, or truck. Multi-modal - travel or transportation systems characterized by more than one means or mode of transport. Native American - a member of any of the indigenous peoples of the Americas. Natural Areas - are open lands left in a primarily natural state that contain significant natural, cultural, aesthetic, or recreational features that warrant protection. Natural-Caused Hazards - hazards resulting from natural events, such as flooding, subsidence, earth faults, unstable slopes or soils, or severe climatic conditions (e.g., drought, snow, rain, wind) that present a threat to life and property and may necessitate costly public improvements. Neighborhood - includes both geographic (place-oriented) and social (people-oriented) components, andcomponents and may be an area with similar housing types and market values, or an area surrounding a local institution patronized by residents, such as a church, school, or social agency. Noxious Weeds - a legal term applied to plants regulated by state and federal laws, defined as “any species of plant that is detrimental or destructive and difficult to control or eradicate and includes plant organisms found injurious to any domesticated, cultivated, native or wild plant.” Obstruction - any structure or tree that exceeds permissible height limitations or is otherwise hazardous to the landing or taking off of aircraft. Offices (see definition in 3.2 Definitions Specific to Permissible Uses) Open Space - undeveloped or minimally developed lands that have been designated to remain undeveloped, be preserved to protect natural resources, serve as a buffer, and provide opportunities for recreation that requires no facilities. Such recreational uses include walking, trail running, biking, photography, and sitting quietly. Open spaces differ from parks in that open spaces do not have the developed facilities that are traditionally associated with city parks, such as stadium-style lighting, bleachers, playground equipment, and competitive sports fields. Parks and Recreation Areas (see definition in 3.2 Definitions Specific to Permissible Uses) Pedestrian Shed - the basic building block of walkable neighborhoods. A pedestrian shed is the area encompassed by the walking distance from a town or neighborhood center. Pedestrian sheds are often defined as the area covered by a 5-minute walk (about 0.25 mile or 1,320 feet). They may be drawn as perfect circles, but in practice pedestrian sheds have irregular shapes because they cover the actual distance walked, not the linear (crow flies) distance. Phasing Plan: a plan that establishes the order of development of a large project. It will address such things as required Building Type 194 Revised October 2022September 2025 Categories, parks and open space, trails, roadway connections and other items as necessary. Plaza - a civic space type designed for civic purposes and commercial activities in the more urban areas, generally paved and spatially defined by building frontages. Preservation - an endeavor that seeks to preserve, conserve, and protect buildings, objects, landscapes, or other artifacts of historical significance. Public Buildings - include civic and community centers, public schools, libraries, police and fire stations and other public buildings. Public Parks or Recreation Facilities - outdoor recreation facilities that are open to the public for passive and active recreational activityactivities, such as pedestrian activities, hiking, and jogging; or serve as ana historical, cultural or archaeological attraction; playgrounds; ball parks; and allowing organized competitive activities. Public Realm: the area generally used by the public - streets, sidewalks, trails and open space. The quality of the public realm is greatly impacted by the design of elements within it, and by the land uses and architecture adjacent to it. A successful public realm creates value for the larger neighborhood and contributes to a positive regional image of the City. Public Sanitary Sewer - includes sanitary sewer systems other than individual on-site systems approved by the State or County and maintained by a public or private agency authorized to operate such systems. Public Services and Facilities - include police, fire, emergency services, sewage, refuse disposal, drainage, local utilities, rights-of-way, easements, and facilities for them. Redevelopment - occurs when new development replaces outdated and underutilized development. Revitalization - to repair what is already in place, adding new vigor by remodeling and preserving. Rural - describes areas within the region with a low density of people, residences, jobs and activities and characterized with large lot development, paved and unpaved two-lane roads with natural edges, minimal services and goods available to residents, and abundant open spaces and agricultural uses. Public transit commuting opportunities may exist. Rural Floodplains - delineated floodplain areas that are essentially open space and natural land uses and are unsuitable for urban development purposes due to poor natural soil conditions and periodic flood inundation. Rural Growth Boundary - the line on a map that is used to mark lands in unincorporated areas of the county that are suitable for rural development, as well as lands to be preserved as open lands. Safety - the protection of our community from natural and artificial hazards, evacuation routes, peak load water supply requirements, minimum road widths according to function, clearances around structures, and geologic hazard mapping. Scenic Views, View sheds, and Vistas - include open hillsides and natural watercourseswater courses. School, Charter - a public school established by contract with a district governing board, the state board of education, or the state board for charter schools to provide learning that will improve pupil achievement. School, Private. (see definition in 3.2 Definitions Specific to Permissible Uses) School, Public (see definition in 3.2 Definitions Specific to Permissible Uses) Services - are anything from a fire station to a fleet shop because of the large equipment and storage involved. Facilities in this category 195 Revised October 2022September 2025 typically have larger space requirements because there is large equipment and/or storage involved. Heating and cooling, interior finishes, and circulation areas required for services are unique and must be addressed to be functional. Service space is defined as 15 to 25 percent offices/workstations and 75 to 85 percent common and support areas. Setback: Is the distance from a property line, curb, or structure within which building is prohibited. It is expressed as a single dimension or as a range of dimensions. It is distinguished from a Build-to line by the fact that it is a minimum distance, not an absolute line. Shared Parking Policy: an accounting for parking spaces that are available to more than one use or property. The requirement is reduced by a factor, shown as a calculation. The Shared Parking ratio varies according to multiple functions in close proximity which are unlikely to require the spaces at the same time. Streetscape: the urban element that establishes a major part of the public realm. The streetscape is composed of thoroughfares (travel lanes for vehicles and bicycles, parking lanes for cars, and sidewalks or paths for pedestrians) as well as the visible private frontages (building facades and elevations, porches, yards, fences, awnings, etc.), and the amenities of the public frontages (street trees and plantings, benches, streetlights, etc.). Social vitality - the invigoration or continued and increased activity of citizens, cultural activities, and civic engagement (such as voting). Suburban - describes areas within the City in which a person is mostly dependent on the automobile to travel to work or other destinations (sometimes referred to as Drivable Suburban), and to accomplish most shopping and recreation needs. These environments may have areas where it is possible to walk or ride a bike for recreational purposes, but due to the lack of connectivity or nearby amenities, are not favorable for walking or biking as a primary mode of transportation on a day-to-day basis. Suburban areas have medium to low densities of people, residences, jobs and activities with some services and goods available to residents, the streets and sidewalks vary in their design, and access to public transportation may be available. Sustainability - living and managing activities in a manner that balances social, economic, and environmental considerations to meet Arlington’s current needs and those of future generations. A sustainable Arlington is a community where the social wellbeing of current and future citizens is supported by a vibrant economy and a self-renewing healthy environment. Substantial Modification: alterations to a building that is valued at more than 50% of the replacement cost of the entire building. Terminated Vista: a location at the axial conclusion of a thoroughfare. A building located at a Terminated Vista designated on a Regulating Plan/Phased Development Plan is required to be designed in response to the axis. Transit-Oriented Development (TOD): development Development, which is oriented to and in close proximity, generally one quarter to one half mile from a transit station. These developments are characterized by higher density and have a higher level of pedestrian activity and transit use than other forms and location of development. Trails - pathways for all forms of non-motorized transportation and recreation. Urban - areas with a higher density of people, residences, jobs and activities; buildings are taller and close to the street; streets and sidewalks are in a grid pattern of relatively small blocks; the area is walkable and a variety of services and goods are available; served by public transportation. Urban Floodplains - delineated floodplain areas that are located in developed urban areas of the City. Urban Growth Boundary - the line on a map that is used to mark the separation of urbanized land from rural land and within which urban 196 Revised October 2022September 2025 growth should be encouraged and contained and outside of which urban development should not occur. Vacant Land - is publicly- or privately-owned undeveloped land that is not currently protected from development. Verge- A paved or planted area along the edge of a road or sidewalk Vernacular Development - refers to the tradition of design resulting in simple small structures or borrowed architectural design, such as mid-western style storefronts and craftsman bungalows, built with local materials. View Shed - an area of land that is visible to the human eye from a vantage point with particular scenic value that may be deemed worthy of preservation against development or other change. Walkable - describes areas of the City within which a person can walk, bike or ride transit to work, and to fulfill most shopping and recreation needs. These environments, sometimes referred to as Drivable Urban, allow for the use of automobiles but do not require the use of a vehicle to accommodate most daily needs. These areas are characterized by a variety of destinations within walking distance, such as commercial establishments (such as everyday retail or office), civic establishments (such as religious, nonprofit, or government), civic spaces, or transit stops. On-street parking, trees, and other design elements are typical and sidewalks are sized appropriately for the number of walkers. Buildings meet the street in such a way to make the “outdoor rooms” that define the best urban places, and building facades are human scale, with frequent doorways and windows, and attractive details and ornament. WSDOT – Washington State Department of Transportation. Zoning Ordinance - A set of legally binding provisions adopted by the City Council consistent with state law regulating the use of land or structures, or both, used to implement the goals and policies of the Comprehensive Plan. 197 Revised October 2022September 2025 20.110.016(b) Definitions Specific to Permissible Uses Accessory Structure. A structure physically detached from, secondary and incidental to, and commonly associated with a primary structure and/or use on the same site. Accessory structures normally associated with a residential use include, butinclude but are not limited to: garagesto garages (unenclosed or enclosed) for the storage of automobiles (including incidental restoration and repair); personal recreational vehicles and other personal property; studios; workshops; greenhouses (noncommercial); enclosed cabanas and pool houses; and storage sheds. Accessory structures normally associated with a non-residential use include, butinclude but are not limited to: garages (unenclosed or enclosed) for the storage of automobiles and work related vehicles and equipment (including incidental restoration and repair); storage structures; workshops; and studios. Accessory Uses. A use subordinate, customarily incidental and exclusive to the principal use of a building or lot and located on the same lot as the principal building or use, except as otherwise specified. Alcoholic Beverage Sales. The retail sale of beer, wine and/or spirits for on-site or off-site consumption, either as part of another retail use or as a primary business activity. Animal Services. An establishment where animals are treated. 1. Animal Services, Boarding. A commercial facility for the grooming, keeping, boarding or maintaining of five or more animals (four months of age or older), except for dogs or cats for sale in pet shops or in animal hospitals, but includes pet day care. Artisan Production. See "Production, Artisan." Automatic Teller Machine (ATM). A type of banking and financial services with automated or self-service banking features with no staff or personnel provided. Bank/Financial Services. Financial institutions, including, but not limited to: banks and trust companies; credit agencies; holding (but not primarily operating) companies; lending and thrift institutions; other investment companies; securities/commodity contract brokers and dealers; security and commodity exchanges; and vehicle finance (equity) leasing agencies. Does not include check-cashing stores. Cemetery. A burial ground for the interment of the human dead, including columbaria and mausoleums, but excluding crematories or mortuaries classified as undertaking, funeral and interment services. Community Garden. A site used for growing plants for food, fiber, herbs, and flowers and shared and maintained by community residents. Conditional Use Permit. See “Permit: Conditional Use” Cultural Institution. A nonprofit institution engaged primarily in the performing arts or in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, dance and events, museums, historical sites, art galleries, libraries, aquariums and observatories. Day Care Center. An establishment, other than a Day Care Home, licensed by the State of Washington when required and providing care and supervision for seven or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, day care centers for children or adults and any other day care facility licensed by the State of Washington. 198 Revised October 2022September 2025 Day Care Home, Adult. A day care facility located in a permanent residence where an occupant of the residence provides care and supervision for three or fewer adults at one time with no outside employees. Day Care Home, Child. A child carechildcare facility located in a permanent residence where an occupant of the residence provides care and supervision for seven to twelve children at one time, including children under the age of 6 related to the provider. The provider must be licensed by the State of Washington and can have no more than one employee assisting. Drive-Through Services. Facilities where food or other products may be purchased or services may be obtained by motorists without leaving their vehicles. Examples of drive- through sales facilities include fast-food restaurants, drive-through coffee, photo stores, pharmacies, bank teller windows and ATMs, dry cleaners, etc., but do not include gas stations or other vehicle services. Dwelling. A room or group of internally connected rooms that have sleeping, cooking, eating, and sanitation facilities, but not more than one kitchen, which constitutes an independent housekeeping unit, occupied by or intended for one household on a long term basis. Dwelling, Accessory. An auxiliary dwelling unit located within an accessory structure of a primary dwelling unit on the lot. Includes, but is not limited to, dwelling units in guest houses, pool houses and carriage houses, above or beside a garage. Restaurant/ Bar or Eating/ or Drinking Establishment. A business selling ready to eat food and/or beverages for on or off-premisepremises consumption. Furniture and Fixture Manufacturing. A business that manufactures wood and metal household furniture and appliances; bedsprings and mattresses; all types of office furniture and partitions, shelving, lockers and store furniture; and miscellaneous drapery hardware, window blinds and shades. Includes furniture re-upholstering businesses, and wood and cabinet shops, but not sawmills or planning mills. General Commercial Retail. Stores and shops intended to serve the city as destination retail rather thanand/or convenience shopping that are sale tax revenue generating business. Examples of these stores and lines of merchandise include: Art galleries; retail; art supplies, including framing services; books, magazines, and newspapers; cameras and photographic supplies; clothing, shoes, and accessories; collectibles (cards, coins, comics, stamps, etc.); drug stores and pharmacies; dry goods; fabrics and sewing supplies; furniture and appliance stores; hobby materials; home and office electronics; jewelry; luggage and leather goods; musical instruments; parts; accessories; small wares; specialty grocery store; specialty shops; sporting goods and equipment; stationery; toys and games; variety stores; videos, DVD's, records, and CD's, including rental stores. Does not include Sexually Oriented Businesses. Home Occupation. A commercial activity that: (i) is conducted by a person on the same lot (in a residential district) where such person resides, and (ii) is not so insubstantial or incidental or is not so commonly associated with the residential use as to be regarded as an accessory use (see Section 20.40.050 (Accessory Uses), but that can be conducted without any significantly adverse impact on the surrounding neighborhood. The following is a non-exhaustive list of examples of enterprises that may not be home occupations (see Section 20.08.010): • Veterinarians • Clinics • Auto repair • Auto sales • Real estate offices • Any use that would cause similar impacts. Lodging, Bed & Breakfast. The use of a single residential structure for commercial lodging purposes, with up to five bedrooms used for the purpose of lodging transient guests and in which meals may be prepared for them, provided that no meals may be sold to persons other than such guests. 199 Revised October 2022September 2025 Lodging, Hotel. A lodging establishment of 25 or more rooms in a building or group of buildings offering transient lodging accommodations on a daily rate to the general public. Additional services may include a restaurant, meeting rooms, and recreational facilities. Lodging, Inn. A building or group of buildings used as a lodging establishment having 6 to 24 guest rooms providing overnight accommodations and breakfast to transient guests. Media Production. Facilities for motion pictures, television, video, sound, computer, and other communications media production. Medical Services, Clinic. A facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: medical offices with five or more licensed practitioners and/or medical specialties; outpatient care facilities; urgent care facilities; and other allied health services. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under “Offices - Professional/Administrative.” Medical Services, Doctor Office. A facility other than a hospital where medical, dental, mental health, surgical, and/or other personal health care services are provided on an outpatient basis and that accommodates no more than four licensed primary practitioners (for example, chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual office suite. A facility with five or more licensed practitioners is instead classified under “Medical Services - Clinic, Urgent Care.” Counseling services by other than medical doctors or psychiatrists are included under “Office - Professional/Administrative.” Meeting Facilities. A facility for public or private meetings, including, but not limited to: community centers; civic and private auditoriums; grange halls; union halls; meeting halls for clubs and other membership organizations, etc. Also includes functionally related internal facilities such as kitchens, multi-purpose rooms and storage. Does not include conference and meeting rooms’ accessory and incidental to another primary use and which are typically used only by on-site employees and clients and occupy less floor area on the site than the offices they support. Does not include: cinemas; performing arts theaters; indoor commercial sports assembly or other commercial entertainment facilities. Related on-site facilities such as day care centers and schools are separately defined and regulated. Office: Professional. Office-type facilities occupied by businesses that provide professional services or are engaged in the production of intellectual property. Examples of these uses include, but are not limited to: accounting; auditing and bookkeeping services; advertising agencies; attorneys; business associations; chambers of commerce; commercial art and design services; construction contractors (office facilities only); counseling services; court reporting services; design services including architecture; engineering; landscape architecture; urban planning; detective agencies and similar services; doctors; educational; scientific and research organizations; financial management and investment counseling; literary and talent agencies; management and public relations services; media postproduction services; news services; photographers and photography studios; political campaign headquarters; psychologists; secretarial; stenographic; word processing; and temporary clerical employee services; security and commodity brokers; and writers' and artists' offices. Outdoor Entertainment. The provision of television or musical, theatrical, dance, cabaret, or comedy act performed by one or more persons either electronically amplified or not and/or any form of dancing by patrons and guests outside of the principal building on a deck or patio. Park, Open Space, Playground. Facilities which include community centers, playing fields, courts, gymnasiums, swimming pools, wave pools, spray grounds, picnic facilities, golf courses and country clubs, zoos and botanical gardens, as well as related food concessions. 200 Revised October 2022September 2025 Parking Facility, Public or Private. Parking lots or structures operated by the City or a private entity providing parking either for free or for a fee. Does not include towing and impound facilities. Permit; Conditional Use. A permit issued by the Hearing Examiner that authorizes the recipient to make use of property in accordance with the requirements of this title as well as any additional requirements imposed by the Council. A Conditional Use Permit allows the City to consider uses that may be essential or desirable, butdesirable but are not allowed as a matter of right within a transect or zoning district. It also allows the City to control certain uses which could have detrimental effects on the community. The Table of Permissible Uses assigned to each Place Type specifies those uses for which a Conditional Use Permit may be requested. Permit; Special Use The purpose of a Special Use Permit (SUP) is to provide sufficient flexibility in the permitted use regulations in order to further the objectives of this Mixed UseMixed-Use Code. A Special Use Permit allows uses that have increased potential for incompatibility in a Transect to be carefully reviewed to determine, against fixed standards, whether their establishment on any given site should be allowed. These uses may or may not be appropriate in a particular location depending on a weighing, in each case, of the public need and benefit against the local impact and effect. There may be additional conditions placed on the proposed development to better insureensure compatibility with existing development within the Transect. A Special Use Permit may be initiated by either an applicant or the Director. Permit; Zoning. A permit issued by the Director that authorizes the recipient to make use of property in accordance with the requirements of this title as well as any additional requirements. A Zoning Permit permits uses that are allowed within a transect or zoning district. The Table of Permissible Uses assigned to each Place Type specifies those uses for which a Zoning Permit may be requested. Permitted Use. Any use allowed in a transect zone without a requirement for approval of a discretionary use permit, but subject to any restrictions applicable to that transect. Personal Services. Establishments that provide non-medical services to individuals as a primary use. Examples of these uses include, butinclude but are not limited to: barber and beauty shops; clothing rental; dry cleaning pick-up stores with limited equipment; home electronics and small appliance repair; laundromats (self-service laundries); locksmiths; massage (licensed, therapeutic, non-sexual); nail salons; pet grooming with no boarding; shoe repair shops; tailors; and tanning salons. These uses may also include accessory retail sales of products related to the services provided. Primary Structure. The main structure on a lot, containing a residential, commercial, office or industrial use. Production, Artisan. On-site production of goods by hand manufacturing which involves the use of hand tools and small-scale equipment. Production, General. Manufacturing of products from extracted or raw materials, recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes, but is not limited to: food, beverage and tobacco product manufacturing; textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing. Production, Intensive High Impact. Manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials. This group also includes smelting, animal slaughtering and oil refining. 201 Revised October 2022September 2025 Production, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials. This classification includes, butincludes but is not limited to: food manufacturing; computer and electronic product manufacturing; electrical equipment; appliance; component manufacturing; and other uses as determined by the Director. Printing and Publishing. Printing by letterpress, lithography, gravure, screen, offset, or electrostatic (xerographic) copying and other establishments serving the printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping. This use also includes establishments that publish newspapers, books and periodicals and establishments manufacturing business forms and binding devices. “Quick printing” services are included in the definition of “Business Support Services.” Public Safety Facility. A facility operated by a public agency including fire stations, other fire preventive and fire-fighting facilities, EMF, police and sheriff substations and headquarters, including interim incarceration facilities. May include ambulance dispatch on the same site. Recreational Facility, Indoor. An establishment providing indoor amusement and entertainment services for a fee or admission charge, including: Bowling alleys; coin-operated amusement arcades; electronic game arcades (video games, pinball, etc.); ice skating and roller skating; and pool and billiard rooms as primary uses. Any establishment with four or more electronic games or amusement devices (e.g., pool or billiard tables, pinball machines, etc.) or a premises where 50 percent or more of the floor area is occupied by electronic games or amusement devices is considered a commercial recreation facility. Three or fewer machines or devices are not considered a use separate from the primary use of the site. Does not include Sexually Oriented Businesses. Recreational Facility, Outdoor. A facility for outdoor recreational activities where a fee is charged for use. Examples include, butinclude but are not limited to: amusement and theme parks; camping and picnicking areas; go-cart tracks; golf driving ranges; miniature golf courses; and water slides. May also include commercial facilities customarily associated with the above outdoor commercial recreational uses, including bars and restaurants, and video game arcades. Does not include golf courses and country clubs. Religious Assembly. An establishment for religious worship and other religious ceremonies including religious education, rectories and parsonages, offices, social services, columbaria and community programs. Research and Development. An establishment primarily engaged in the research, development and controlled production of high technology electronic, industrial or scientific products or commodities for sale. This classification includes biotechnology firms and manufacturers of nontoxicnon-toxic computer components. Sexually Oriented Business. Sexually oriented business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel or adult entertainment out-call service in the form of semi-nude dancing or exhibition, adult motion picture theater, adult theater, semi-nude model studio or sexual establishment as further defined in Chapter 20.08.010 of the Municipal Code. Sexually Oriented Businesses shall comply with the regulations of Chapter 20.44.094. Special Use Permit. See “Permit: Special Use”. 202 Revised October 2022September 2025 Studio: Art, Music, Dance. Small-scale facilities, typically accommodating no more than two groups of students at a time in no more than two instructional spaces. Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. Also includes production studios for individual musicians, painters, sculptors, photographers, and other artists. Utility. Installations or facilities or means for furnishing to the public, electricity, gas, steam, communications, water, drainage, sewage disposal, or flood control, irrespective of whether such facilities or means are underground or above ground; utilities may be owned and operated by any person, firm, corporation, municipal department or board, duly appointed by state or municipal regulations. Utility or utilities as used herein may also refer to such persons, firms, corporations, departments, or boards. Vehicle Services, Minor Maintenance and Repair. Incidental minor repairs to include replacement of parts and service to passenger cars, but not including any operation defined as “automobile repair, major,” or any other operation similar thereto. Vehicle Services, Major Maintenance and Repair. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision service including body or frame, straightening or repair, overall painting, or paint shop. Vehicle Services, Service Station. A building and/or lot or use having pumps and storage tanks where motor vehicle fuels or lubricating oil or grease or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only; where deliveries are made directly into motor vehicles, including greasing and oiling on the premises and car washing; and where repair services isare incidental to the use. Incidental Wholesaling and Distribution. An establishment engaged in selling merchandise to retailers, to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. Examples of these establishments include, butinclude but are not limited to: agents; merchandise or commodity brokers; and commission merchants; assemblers; buyers and associations engaged in the cooperative marketing of farm products, merchant wholesalers, stores primarily selling electrical, plumbing, heating and air conditioning supplies and equipment. Wireless Telecommunications Facility. Public, commercial and private electromagnetic and photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless communications, including commercial earth stations for satellite-based communications. Includes antennas, commercial satellite dish antennas, and equipment buildings. Does not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections. Zoning Permit: See “Permit: Zoning”. 203 Revised October 2022September 2025 20.110.016(c) Comprehensive Plan Goals and Policies achieved through this land use plan. The following Goals and Policies of the 2015 Arlington Comprehensive Plan are articulated in detail in this Land Use Plan. Throughout the process of Code development, the Comprehensive Plan consistently informed the decisions regarding both residential and commercial development contained herein. Most elements of the Comprehensive Plan relate directly to the elements of this Land Use Plan; listed below are those that most directly impact the decision- making process. Overall Goals and Policies Goals: GO-1 Ensure City Goals and Policies are consistent with the Growth Management Act. GO-2 Continue to provide effective stewardship over the natural and build environments within the City, ensuring harmony between both environments through application of best practices techniques. GO-3 Work towards promoting and maintaining an urban environment within the City that enhances livability for its residents. GO-6 Preserve and promote Arlington’s “small town” character Policies: PO-6.1 Site design and building architecture in residential and commercial developments should be human-scaled (i.e., pedestrian friendly) and conducive to social interaction. PO-6.2 Residential plats (subdivisions) should be designed to encourage pedestrian activity through incorporation of amenities such as, but not limited to, sidewalks on both sides of the street, street furniture, street trees, and pedestrian paths connecting the plat to adjacent residential, commercial, educational, or recreational facilities. PO-6.4 Land -use developments should be conducive to social interaction. PO-6.5 Both publicly and privately owned civic spaces should be included in both commercial and residential neighborhoods to ensure adequate gathering places for residents. PO=6.6 Design Guidelines/Standards should be established, maintained, and enforced, in order to ensure that all new development both within the Private and Public Realms are in harmony with the desired character of each respective neighborhood subarea. PO-6.7 All land use decisions and other relevant City decisions will be reviewed against these goals and policies – including Countywide Planning Policies and Multi-County Planning Policies – to ensure internal and external consistency. Housing Goals and Policies Goals: GH-1 Diversify the City's housing stock. Policies: PH-1.1 A variety of housing types and densities should be encouraged on lands with a residential land-use designation. PH-1.2 Detached Accessory Dwelling Units should be permissible in residential zones. PH-1.3 Mobile and manufactured home parks should be permissible in the City subject to specific site plan requirements. PH-1.4 Adequate housing opportunities for residents with special housing needs should be provided within the City. 204 Revised October 2022September 2025 PH-1.5 Different classes of group homes should be permissible in residential neighborhoods. PH-1.6 Pre-zoning designations within the City's unincorporated Urban Growth Area greater than fifty acres and slated for residential development should provide for a nix of housing: types and densities. Goals: GH-2 Ensure the development of new multi-family housing and small single-family units occur within close proximity to commercial areas within the City. Policies: PH-2.1 Multi-family housing should be located close to commercial and employment centers, transportation facilities, public services, schools, and park and recreation areas. PH-2.2 Cottage Housing should be incentivized in moderate and high density residential areas within the City. Goals: GH-3 Ensure stable residential neighborhoods through public investment in infrastructure and by preserving existing housing stock. Policies: PH-3.1 Funds should be adequately budgeted for periodic maintenance of existing infrastructure in residential neighborhoods throughout the City. PH-3.2 A long-term plan should be developed for bringing neighborhoods that lack adequate infrastructure up to the City's current streetscape standards. Goals: GH-4 Encourage the development of special needs housing within the City. Policies: PH-4.1 The City should support the development of housing for the elderly, handicapped, and other special needs populations through the allowance of mixed-use housing, group housing, and other housing types. PH-4.2 Senior housing should be located in close proximity to hospitals, public transportation routes, retail/service centers, and parks. Goals: GH-5 Ensure quality housing stock within the City. Policies: PH-5.1 The City should develop and maintain Development Design Guidelines/Standards that address aesthetic and environmental design issues for single-family and multi-family residential development PH-5.3 The City should promote the conservation of housing through investment in the infrastructure serving residential areas (storm drainage, street paving, and recreation). Goals: GH-6 Establish and maintain a streamlined permitting processing to help create predictability for customer Policies: PH-6.1 The City should maintain streamlined permit processing procedures, centralized counter se3rvices, pre-application conferences, printed information summarizing permit approval requirements, standards and specifications, area- 205 Revised October 2022September 2025 wide environmental assessments, concurrent permit and approval processing, permit and approval deadlines, and single hearings. Goals: GH-8 Promote and facilitate the provision of affordable housing in all areas and zoning districts of the City. Policies: PH-8.1 The City should work to ensure that housing options for low and moderate income households are: a) Dispersed throughout the City to discourage a disproportionate concentration of such housing in any one geographical area of the City. b) Are located near amenities such as commercial and employment areas, transportation facilities, and recreational opportunities, and; c) Are inclusive of a variety of housing types. PH-8.3 The City should support and encourage private developers and organizations who seed to provide below-market housing units by utilizing various tools such as a) allowing alternative development types (e.g. ADU’s, Clusters, Cottage Housing, Small Lots, Zero Lot Lines, Bungalow Courts), b) implementing regulatory tools (e.g., Inclusionary Zoning, SEPA Exemption, Flexible Development Standards, Performance Standards), providing general incentives (e.g. density bonuses, parking reductions, permitting priority), d) financial help (e.g. reduced permit and utility connection fees), e) encouraging project level actions that help with affordability (affordability covenants). The City should provide criteria and process for ensuring that those units remain affordable over time. PH-8.4 As part of any rezone that increases residential capacity, the City should consider requiring a portion of units to be affordable to low and moderate income households. Land Use Goals and Policies Goals: GL-1 Work to ensure that the character and location of land uses optimize the economic benefit, enjoyment by residents, and protection of natural resources while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation through implementation of the following: Growth Management: Manage growth so that the delivery of public facilities and services will occur in a fiscally responsible manner to support development and redevelopment within the City. Economic Development: Attain the highest level of economic well- being possible for all citizens in Arlington through the achievement of a stable and diversified economy offering a wide variety of employment opportunities. Neighborhood Conservation: Achieve a well-balanced and well- organized combination of open space, commercial, industrial, recreation and public uses that are served by an efficient transportation network while protecting the fabric and character of residential neighborhoods. Environmental Preservation and Conservation: Through both preservation and conservation ensure the proper management of the natural environment and resources. Goals: GL-2 Preserve and promote a safe, clean and aesthetically pleasing living environment. Policies: PL-2.1 Storage of soil. Yard waste, refuse, machines and other equipment in rights-of-way and building setbacks should be prohibited. 206 Revised October 2022September 2025 PL-2.2 Installation of curbs. Gutters, sidewalks, landscape strips, and vegetated LID facilities for all developments should be installed unless the permit-issuing authority makes specific findings that such improvements would not be consistent with these or other goals or policies. Curb cuts are permitted at bio-retention facilities to allow stormwater runoff to enter the facility. Goals: GL-4 Accommodate new development in a manner that supports a growth rate consistent with the goals of the State Growth Management Act but also preserves and enhances Arlington's quality of life, its natural environment, and its historical and cultural amenities Policies: PL-4.3 The City should adopt and maintain development regulations that insure that growth is consistent with State laws and Community Vision. PL-4.8 The City should plan for a balanced mix of land uses based on land availability and the capacity to provide public services. Goals: GL-7 Encourage a mix of residential densities throughout the City. Policies: PL-7.1 All recommended changes in residential densities should be based on the following: a) The overall impact to surrounding properties; and b) The general impact to the existing transportation network: and c) The feasibility of the site and its situation for the proposed density: and d) The availability/capacity of urban services such as water and sewer to serve the area; and e) The vacant land supply within the City at the proposed density. PL-7.2 Higher density residential uses should be located around commercial areas. PL-7.3 Vertical and horizontal mixed use developments with residential components should be permissible within commercial zones within the City. Goals: GL-9 Create pedestrian links between commercial and residential developments. Policies: PL-9.1 Where commercial and residential areas abut, new development proposals should include the design and construction of walkways and/or sidewalks to integrate and link commercial activities and other neighborhoods within the City. Goals: GL-10 Promote Neighborhood Commercial uses in appropriate places. GL-20 Minimize storm water runoff and urban drainage impacts by utilizing the natural drainage system where it is possible to do so without significantly altering the natural drainage ways. Policies: PL-20.1 The City should encourage the design of developments to use natural drainage patterns and incorporate means to entrap storm water and water pollutants before they are carried down slope PL20.4 To minimize impacts on natural resources, the evaluation of Low Impact Development techniques should be evaluated as the preferred approach prior to implementing traditional stormwater treatment and flow controls. Before they enter wetlands and/or other bodies of water. 207 Revised October 2022September 2025 Goals: GL-21 Promote energy conservation by developing incentives and/or requirements for energy-saving transportation, land development patterns and practices, and building construction and operation methods and materials. Policies: PL-21.1 The City should encourage the development of paths and easements for non-motorized transportation to encourage pedestrian and bicycle use throughout the City. PL-21.3 Encourage development patterns that are based on a grid system to increase connectivity and reduce utility and transportation costs as well as energy consumption. Goals: GL-25 Promote equality in development between private and public landsPolicies: PL-25.1 Public and semi-public development should be held to the same development standards as private development. PL-25.2 New public/semi-public development proposals should include the design and construction of walkways and/or sidewalks to integrate and link commercial activities and other neighborhoods within the Urban Growth Area. Transportation Goals and Policies Goals: GT-1 Plan, develop, and maintain a balanced transportation system for the efficient movement of people, goods, and services within the City and between the community and other activity centers in the region. Policies: PT-1.1 The City’s motorized and non-motorized transportation network should be designed to distribute traffic evenly throughout the City. Goals: GT-2 Ensure that road development meets the goals of the transportation element and land-use element of the comprehensive plan. Policies: PT-2.1 A motorized and non-motorized transportation plan should be developed by the City to ensure adequate transportation routes are created concurrent with new development. Evaluate minimizing impervious surfaces and incorporating LID facilities into these plans where feasible. Goals: GT-4 Consider the special needs of subarea transportation facilities including appearance and safety. Policies: PT-4.1 Improving the appearance of existing corridors should be a primary objective in designing and maintaining the street system in Arlington. Appropriate design standards, including landscape standards for the construction of new streets shall be maintained. PT-4.4 Residential lots should only take vehicular access from an Alley, local Access Street, or Collector Street. Only in instances where the City Engineer determines there is no other feasible alternative should a residential lot take access from an arterial (or higher classified) street. PT-4.5 Block standards should be developed to ensure that the development and subdivision of land results in greater connectivity both within the new development/subdivision and to the existing street network. 208 Revised October 2022September 2025 PT-4.6 Cul-de-sac should be prohibited to the extent feasible. Streets that must terminate in a cul-de-sac should be limited to one block in length (330ft). Where cul-de-sac are used, evaluate the installation of LID facilities in the center of the cul-de-sac. PT-4.7 Whenever a cul-de-sac is utilized, pedestrian connectivity should be maintained by providing a pathway that connects from the bulb of a cul-de-sac the nearest roadway (whether existing or proposed) outside the development. PT-4.8 Design standards should be established to consolidate the number and location of curb cuts on arterial streets. Curb cuts are permitted at bio retention facilities to allow stormwater runoff to enter the facility. PT-4.9 On-site parking requirements should be established to ensure land uses can adequately accommodate parking demand. PT-4.10 Streets should be designed to accommodate multi-modal transportation options such as motor vehicles (including buses), bicycles, and pedestrians. PT-4.11 New construction should include the construction of sidewalks, bicycle storage/parking facilities, and access to mass transit where possible and in proportion to the need generated by the proposal. Sidewalks should be included on at least one side of a street and wide enough to meet Americans with Disabilities Act (ADA) requirements. PT-4.12 New residential developments should provide pedestrian access between the development and adjacent schools, parks, playgrounds, commercial areas or other roads or facilities in such access is not conveniently provided by sidewalks adjacent to the streets as required above. In such as case, the developer may be required to reserve an unobstructed easement of at least ten feet in width to provide this access. PT-4.13 All streetscapes should be designed and constructed to include at a minimum the following: gutters, sidewalks or trail, and landscape strips with street trees. Non-Motorized Transportation Goals: GT-5 Develop transportation strategies that encourage the use of pedestrian, bicycle, and mass transit facilities that will, among other things, conserve non-renewable energy sources. Policies: PT-5.1 The City should develop a paved non-motorized transportation network that results in connectivity between all subareas of the City. PT-5.2 Bicycle lanes should be included with motor vehicle lanes on all streets with a speed limit greater than 25mph unless a paved, non-motorized trail exists or is planned within the right-of-way. PT5.3 Traffic safety design techniques should be integrated into the street design to assist in safeguarding pedestrians, and cyclists, particularly near schools, playgrounds, and at crosswalks. PT-5.4 Sidewalk improvements should be prioritized to first facilitate safe movement for elderly and handicapped persons between residences and shopping/social activity centers, and facilitate safe movement for children to and from school facilities and school bus stops. PT-5.5 Existing sidewalks, including curb cuts and ramps should be brought into compliance with the American’s with Disabilities Act (ADA). PT-5.6 Street lighting should be designed to take into consideration the needs of motorists, cyclists, and pedestrians. 209 Revised October 2022September 2025 PT-5.7 The City’s non-motorized transportation network should connect with regional networks and with networks of neighboring jurisdictions. PT-5.8 Multi-family Residential, Commercial, and Industrial developments should provide bike racks to accommodate bicycle use by residents, employees, and customers. Goals: GT-6 Support the use of transit and work with transit agencies to improve service in order to help reduce traffic. Policies: PT-602 Encourage and plan for “pedestrian scale” neighborhoods and centers to enhance access and mobility for public transportation users. Goals: GT-8 Develop transportation and safety policies that encourage the use of non-motorized transportation (i.e., walking and biking) Policies: PT-8.1 Streetscapes for new and improved roads should be designed to accommodate multi-modal transportation options, such as motor vehicles (including bus), bicycles, and foot traffic (pedestrians). PT-8.2 Priority should be given to sidewalk and shoulder improvements in areas of high traffic volumes or pedestrian activity to improve safety of pedestrians and drivers. Parks and Recreation Goals and Policies Goals: GP-1 Maintain and support existing and future recreational and cultural activities. Policies: PP-1.4 New residential development should be required to mitigate impacts to park, recreation, and open space through the dedication and improvement of properties for park and recreation uses, or where dedication is not feasible, payment of fee-in-lieu. PP-1.8 The City should identify desirable lands within its Urban Growth Area for parks, trails, or open space and pursue their acquisition through dedication and purchase. PP-1.12 New residential developments should provide adequate on-site park space or pay a fee-in-lieu. Goals: GP-4 Strive for geographic and demographic equity in the provision of parks and recreation facilities. Policies: PP-4.1 Each subarea within the City should have at least one community park. A neighborhood center park should be located within the Smokey Point neighborhood. The City should identify and pursue opportunities for new parks within areas that are added to the City’s Urban Growth Area. Goals: GP-6 Provide for a trail system through the City and connecting to regional trails. Policies: PP-6.1 The City should try to achieve a continuous, connected system of parks and open space via trails. PP-6.2 Trails should be developed for the purpose of providing opportunity for non-motorized transportation, recreation, and education. 210 Revised October 2022September 2025 Goals: GP-8 Develop park and trail design and development standards. Policies: PP-7.1 The City should establish park, trail, and open space design standards. PP-7.3 Maintain an up to date map of the local trail system that is easily accessible to the public to help encourage trail use. Economic Development Goals and Policies Goals: GE-1 Promote a strong, diversified, and sustainable local and regional economy, while respecting the natural environment and preserving and enhancing the quality of life in the City. Policies: PE-1.1 The City should encourage a diversified and vibrant economy in order to facilitate high and stable rates of employment within the City. PE-1.2 The city should maintain a favorable business climate through consistent implementation of City regulations, a streamlined permit process, excellent customer service, and through other available means and mechanisms. PE-1.3 The City should work to insure there is always a more than adequate employment land base (both commercial and industrial) in order to maintain the City’s desired high jobs/to housing ratio. PE-1.4 The City should work to ensure there is always an adequate retail sales base (i.e., commercial land base) in order to provide financial support to the services the City provides. PE-1.7 The City should provide a predictable development atmosphere through consistent application and interpretation of City regulations, and permit processing. PE-1.10 The amount and rate of land consumption for business, commercial and industrial uses should be monitored by the City. PE-1.12 The City should promote the viability of downtown as a commercial and social center with the goal of having other commercial areas dispersed amongst our neighborhoods so as to reduce traffic and air pollution. PE-1.13 The City should develop a strategy for Smokey Point so as to better compete with the potential commercial areas west of Interstate-5. Goals: GE-2 Provide an adequate job-producing land base to ensure an adequate number of jobs for citizens within the community and to aid the community in paying for infrastructure and services. Policies: PE-2.1 The City should work to ensure that the amount of land zoned for business and industrial use is adequate to meet 20-year employment forecast within the planning area boundaries. Goals: GE-4 Encourage active cooperation between the City and local businesses concerning economic development issues, particularly of those businesses that have specialized infrastructure, building design, transportation, and other needs. Policies: PE-4.3 Ensure that new commercial development incorporates site and building design features that accommodate alternate modes of transportation PE-4.6 The City should promote commercial development that facilitates pedestrian activity and is architecturally distinctive. 211 Revised October 2022September 2025 Goals: GS-5 Manage stormwater pursuant to current standards, preserving and supplementing, as necessary, the natural drainage ways and other natural hydrologic systems to maintain runoff impacts from development. Policies: PS-5.37 The City should include Best Available Science/Best Management Practices in its stormwater strategy. PS-5.8 The City should utilize Low Impact Design standards that provide stormwater benefits and support naturally occurring functions simultaneously. 212 Revised October 2022September 2025 The current Arlington Comprehensive Plan, as amended, has continued the importance of the mixed-use regulations through updated goals and policies that are articulated in detail in this Land Use Plan. Throughout the process of Code development, the Comprehensive Plan consistently informed the decisions regarding both residential and commercial development contained herein. Most elements of the Comprehensive Plan relate directly to the elements of this Land Use Plan; listed below are those that most directly impact the decision- making process. View documents at: http://www.arlingtonwa.gov/282/Comprehensive-Plan. Foundational Principles These foundational principles help guide the City of Arlington to be a place where all residents can thrive economically, physically, and socially. 1. Equity 2. Economic Stability and Vibrancy 3. Climate Adaptation and Resilience 4. Neighborhoods and Connectivity 5. Healthy Active Lifestyles Goals and Policies All relevant goals and policies within the following Comprehensive Plan Books. Book 1: Environment Goals and Policies Book 2: Land Use Goals and Policies Book 3: Housing Goals and Policies Book 4: Economic Development Goals and Policies Book 5: Parks and Recreation Goals and Policies Book 6: Transportation Goals and Policies Book 7: Public Safety Goals and Policies Book 8: Capital Facilities and Utilities Goals and Policies 20.110.018016(d) ACKNOWLEDGEMENTS Transect images courtesy of Duaney Plater/Zyberk Transect and Building Type photo images courtesy of Sandy Sorlien: www.Transect-Collection.org Background urban design material from the Urban Design Compendium: https://udc.homesandcommunities.co.uk/ City of Cincinnati Form Based Code www.cincinnati-oh.gov Staff Report & Recommendation AMC Chapter 20.110 Zoning Code Amendment – PLN #1180 Page 1 of 4 Community and Economic Development Planning Division th CITY COUNCIL STAFF REPORT & RECOMMENDATION To: City Council From: Amy Rusko, Director Meeting Date: September 8, 2025 Date Prepared: September 2, 2025 Regarding: 2024 AMC Chapter 20.110 Zoning Code Amendment – PLN #1180 A. INTRODUCTION The AMC Chapter 20.110 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the Mixed-Use Development Regulations chapter. GENERAL INFORMATION Applicant: City of Arlington Project Description: 2024 AMC Chapter 20.110 Zoning Code Amendment Requested Action: City Council Approval B. DETAILED PROJECT INFORMATION The 2024 AMC Chapter 20.110 Zoning Code Amendment includes a complete update to the chapter to provide clarification and updated code regulations related to mixed-use developments. C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE: Type of Determination Issued Date Distribution and Public Notice SEPA Determination on Non-Significance (DNS) 7/22/2025 Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Published Date – 7/22/2025 Comment Period – 7/22/2025 to 8/5/2025 Staff Report & Recommendation AMC Chapter 20.110 Zoning Code Amendment – PLN #1180 Page 2 of 4 Public comments received during the public comment period. Comment Summary City Response No comments received. 2. PUBLIC NOTIFICATION/INVOLVEMENT: Public Notice and Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations Workshop: 8/5/2025 Meeting: 8/19/2025 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 7/7/2025 Deadline for 60-Day Review – 9/5/2025 Planning Commission Public Hearing 8/19/2025 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 7/22/2025 City Council Public Meeting Presentations Workshop: 9/8/2025 Meeting: 9/15/2025 City Council Agenda Online City Council Email Distribution List 3. COMPREHENSIVE PLAN COMPLIANCE: Goal or Policy Goal Description Summary LU-1 Provide unique places and context for the growth of social capital and community resiliency. LU-1.1 Ensure both publicly and privately owned civic spaces are included throughout the City to provide adequate gathering spaces. LU-1.2 Establish development standards and regulations based on the availability and serviceability of developable lands to maintain a balanced mix and arrangement of land uses in the City. LU-1.4 Encourage development patterns that provide safe and welcoming environments for walking and bicycling. LU-4 Encourage local businesses through the continued application of mixed-use residential corridors and multiple locations for neighborhood serving businesses. LU-4.1 Support development proposals to increase existing and establish new Neighborhood Commercial zones, when the criteria of Title 20 of the Arlington Municipal Code are met, and were deemed appropriate by the City. LU-4.2 Promote the development of new retail, service, and civic mixed-uses and promote the enhancement of existing spaces to create urban centers. LU-4.4 Encourage the development of neighborhood centers throughout the City, including transit station areas. Staff Report & Recommendation AMC Chapter 20.110 Zoning Code Amendment – PLN #1180 Page 3 of 4 Goal or Policy Goal Description Summary LU-4.6 Encourage developments that place employment areas and living areas in close proximity in order to maximize transportation choices, minimize vehicle miles traveled, optimize the use of existing and planned transportation system and capital facilities, and improve the jobs-housing balance. LU-4.7 Encourage coordination among the City, transportation providers, and developers to ensure that joint-and mixed-use developments are designed to promote and improve physical, mental, and social health, and reduce the impacts of climate change on the natural and built environments. LU-6 Identify, protect, and enhance community resiliency to climate change impacts, including social, economic, and built environment factors, that support adaptation to climate change impacts consistent with environmental justice. LU-6.1 Amend and adopt land development regulations as needed to adequately protect the attributes, functions, and amenities of the natural environment in all projected growth scenarios for the city. LU-6.2 Ensure land development patterns minimize or prevent impacts on natural open spaces and resource lands. H-5 Encourage mixed-income and mixed-use neighborhoods. H-5.1 Promote diverse, inclusive, mixed-income residential neighborhoods where residents of varying income levels can live and interact. H-5.2 Encourage residential development in commercial areas to help create an economically vibrant and diverse environment. H-5.3 Promote neighborhoods that have a mix of jobs and housing. H-7 Incentivize affordable multi-family, single family, and workforce housing near transportation and employment centers. H-7.1 Encourage multi-family housing close to commercial and employment centers, transportation facilities, public services, schools, and park an recreation areas. H-7.2 Promote well-connected housing, jobs, and services by allowing mixed-use development in commercial zones. ED-7 Encourage the development of unique economic hubs at various scales throughout the city to adequately serve residents and the region. ED-7.1 Promote the viability of Old-Town Business District, Smokey Point Boulevard, the Cascade Industrial Center, and Island Crossing as regional economic draws, while maintaining and improving upon smaller neighborhood hubs to serve local residents. ED-7.2 Further develop Smokey Point Boulevard as a mixed-use destination, providing necessary business and office spaces. ED-7.3 Encourage and promote a diversity of retail, restaurants, crafts industries, services, civic facilities, and mixed uses to achieve a vibrant shopping, dining, and entertaining experience in both Old Town and along the Smokey Point Boulevard corridor and other developing districts. PS-9 Create and support strong, vibrant social networks. Provide a public realm including parks, trails, and recreation facilities that promotes social interaction and community cohesiveness. PS-9.2 Provide walkable and bikeable streets, as well as trail systems, to encourage active transportation to and from daily origins and destinations while promoting healthy, active lifestyles. Staff Report & Recommendation AMC Chapter 20.110 Zoning Code Amendment – PLN #1180 Page 4 of 4 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. amendment has followed the provision of Chapter 20.96 by being processed through the 2024 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development. process. The City Council approved the 2024 Final Docket through Resolution 2024-008. Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106. Department of Commerce on July 7, 2025, for the standard 60-day review. Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020. hearing at the August 19, 2025, Planning Commission Meeting. The public noticing is described under Section 2 above. Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision. Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting. Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and conditions. provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision. (d) RECOMMENDATION Staff recommend that City Council approve AMC Chapter 20.110 Zoning Code Amendment, PLN #1180. City of Arlington Council Agenda Bill WS #6 Attachment COUNCIL MEETING DATE: September 8, 2025 SUBJECT: Ordinance Approving Amendment to AMC Chapter 5.28 Business Licenses ATTACHMENTS: Ordinance and Code Amendment Overview DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: threshold for Non-Resident Businesses to a minimum of $4,000 per year. This code amendment is required by the Department of Revenue, Senate Bill 5897, and through the Business Licensing Service Partnership. HISTORY: to the Business License code by October 1, 2025. This allows time for the code change to go in effect with the Department of Revenue on January 1, 2026. The current threshold in city code is $2,000 per year. ALTERNATIVES: Remand to staff for additional information Workshop; discussion only. At the September 15, 2025 Council meeting, the recommended motion will be, “I move to approve the ordinance amending AMC Chapter 5.28 and authorize the Mayor to sign the ordinance.” ORDINANCE NO. 2025-XXX 1 ORDINANCE NO. 2025-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 5.28 OF THE ARLINGTON MUNICIPAL CODE REGARDING BUSINESS LICENSES WHEREAS, the City of Arlington has proposed an update to the Business License chapter of the Arlington Municipal Code to increase the minimum threshold for Non-Resident Businesses; and WHEREAS, the City of Arlington has complied with Senate Bill 5897 and the Department of Revenue; and WHEREAS, the City Council considered the proposed amendment at a workshop held on September 8, 2025; and WHEREAS the City Council conducted a public hearing on September 15, 2025; 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 5.28.060 shall be and hereby is amended as follows: 5.28.060 – Exemptions. To the extent set forth in this section, the following persons and businesses shall be exempt from the registration, license and/or license fee requirements as outlined in this chapter: (a) Beginning January 1, 2026, Any any person or business whose annual value of products, gross proceeds of sales, or gross income of the business in the city is equal to or less than two four thousand dollars ($4000) and who does not maintain a place of business within the city shall be exempt from the general business license requirements in this chapter. The exemption does not apply to regulatory license requirements or activities that require a specialized permit. The threshold amount will be adjusted every forty-eight months on January 1, by an amount equal to the increase in the Consumer Price Index (“CPI”) for “West Urban, All Urban Consumers” (CPI-U) for each 12-month period ending on June 30 as published by the United States Department of Labor Bureau of Labor Statistics or successor agency. To calculate this adjustment, the current rate will be multiplied by one plus the cumulative four-year (forty-eight-month) CPI increase using each 12-month period ending on June 30 of each prior year and rounded to the nearest $100. However, if any of the annual CPI increases are more than five (5) percent, a five (5) percent increase will be used in computing the annual basis and if any of the annual CPI decreased during the forty-eight- month period, a zero (0) percent increase will be used in computing the annual basis. ORDINANCE NO. 2025-XXX 2 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 15th day of _____________________, 2025. CITY OF ARLINGTON ____________________________________ Don E. Vanney, Mayor ATTEST: ___________________________________ Wendy Van Der Meersche, City Clerk APPROVED AS TO FORM: ___________________________________ Oskar E. Rey, City Attorney Page 1 of 1 New or Renamed Table of Contents Code Sections: • None New Language Sections: • None Updated Language Sections: • Section 5.28.060 was amended with the language provided to the City of Arlington from the Department of Revenue through the 2026 Business License Model Threshold update document that was sent via email to all Business Licensing Service partners. Removed Language Sections: • None • Washington State Department of Revenue • Senate Bill 5897 • Email and Model Threshold Documents Attached to this overview for reference. AMC Chapter 5.28 – Business Licenses Code Amendment Overview Summary - Amy Rusko, Director Washington State Legislation or Other Requirements 2026 City Business License Model Threshold update Effective January 1, 2026 What are the main changes to the model threshold? The main change in the update would make a one- time increase to a higher threshold to $4000 for out- of-city businesses from the current $2,000 threshold, effective January 1, 2026. Other changes include: • Every four years thereafter, the threshold would have an automatic periodic increase based on cumulative inflation. • The rates of inflation would be calculated using the Consumer Price Index-U (CPI-U) Western for June of each year compared to the previous year for the previous four years. • The rate of inflation would be calculated as zero in any year in which inflation was negative and capped at 5% per year or 20% over four years if inflation exceeded those amounts. • To make the threshold easier to administer, the cumulative inflation amount would be rounded to the nearest $100. Could my city still require a no fee registration for out-of-city businesses below the threshold? Cities retain the local option of requiring a no-fee registration for out-of-city businesses below the threshold. Was the definition of “engaging in business” changed? No, the definition of engaging in business has not changed since the 2018 model was adopted. What are the deadlines for all cities with business licenses to adopt the 2026 model threshold? Cities with a business license must adopt the model by January 1, 2026. However, cities that currently partner with the state’s Business Licensing Service (BLS) for business licensing administration must adopt it by mid-October 2025, because they must provide BLS 75-day notice of any changes to their business licenses, including this mandatory change. What if my city has a higher threshold? Cities can choose to enact a higher threshold. The $4,000 city threshold for out-of-city businesses is the minimum level that every city must enact. What if my city wants to have a threshold that applies to in-city businesses in addition to the out-of-city business threshold? The $4,000 threshold level for out-of-city businesses is a mandatory minimum threshold that every city business license city must adopt, but the law does not impact the city’s authority to have exemptions or other thresholds. Cities can continue to require a license for businesses located in the city without regard to the threshold (unless the city chose to exempt these businesses). Cities can also choose to enact a separate threshold exemption that applies to in-city businesses. Who should my city notify when the model is adopted? BLS partner cities: Send a completed Change Request Form to BLS notifying them of the update All other cities: Email Sheila Gall, AWC (sheilag@awcnet.org) so we can track updates. How will businesses find out about the changes? Consider providing information on changes to your business license by adding information to your license renewal letter, sending a letter to your potentially impacted businesses, updating information on your city’s website or presenting to your local chamber. Background on the 2018 model threshold In the 2017 session, EHB 2005 (RCW 35.90) passed requiring three actions by cities with business licenses and local B&O taxes. The law required cities to make changes to business licensing, including requiring cities with business licenses to establish a workgroup to create a model business license threshold by July 2018 for adoption by all business license cities by January 1, 2019. 2018 model ordinance for local business licenses – minimum threshold The 2018 model included a mandatory definition of “engaging in business” and a $2000 minimum threshold (or occasional sale) exemption to establish when out-of-town or transient businesses are required to be licensed. All business license cities adopted the model by January 1, 2019 (RCW 35.90.080). Contact Sheila Gall General Counsel sheilag@awcnet.org wacities.org This message is from an External Sender This message came from outside the City of Arlington Note: Emails and attachments sent to and from the City of Arlington are public records and may be subject to disclosure pursuant to the Public Records Act. From:Hannah Hardwick To:Amy Rusko Subject:FW: 2025 Partnership Services Annual Request Review Date:Tuesday, August 5, 2025 7:52:36 AM Attachments:image001.png image002.png image003.png image004.png This email is from the Department of Revenue reminding us of when changes for next year are due. There was one think Raelynn sent the other week regarding a new AWC for minimum thresholds for requiring a business license that I think differs from our code that they are mentioning again below. Sincerely, Hannah Hardwick Community & Economic Development, Fire Permit Technician II 18204 59th Ave NE, Arlington, WA 98223 O: 360.403.3549 hhardwick@arlingtonwa.gov | www.arlingtonwa.gov From: DOR BLS Partner <DORBLSPartner@DOR.WA.GOV> Sent: Monday, August 4, 2025 1:11 PM Cc: DOR BLS Partner <DORBLSPartner@DOR.WA.GOV> Subject: 2025 Partnership Services Annual Request Review Greetings, It is time to review your city or county processes for any changes that will affect your Business Licensing Service partnership. Change Requests Describe any requested changes in the Partner Change Request Form (PCR) and return to dorblspartner@dor.wa.gov by October 1, 2025. PCRs are separated into three categories: 1. Updates to the AWC Model Ordinance: Review AWC’s guide and the Model Ordinance Threshold Language to assist you in increasing the minimum threshold for Non-Resident Businesses to a minimum of $4,000 per year. Using the Model Ordinance Threshold Language provided by AWC, update your city ordinance to reflect the threshold change. Submit a Partner Change Request Form (PCR) along with the updated ordinance to dorblspartner@dor.wa.gov of the threshold change. Note: Due to the volume of changes being made by the AWC Business License Model Threshold changes for Non-Resident Business endorsements, we are only increasing thresholds for Non-Resident Business endorsements for partners that currently are below the new $4,000 threshold. Any other changes will be prioritized January 2026. Please have your PCR submitted for the threshold change by October 1. You may include any other changes to the Non-Resident Business endorsement in this PCR or submit another PCR with changes outside of the Non-Resident Business endorsement which will be prioritized in early 2026. 2. Non-Developer resource requests: · New, increased, or reduced licensing fees. o All fee changes with a January 1, 2026, effective date will affect applications starting January 1, 2026, and renewals with January 31, 2026, expirations. § Due to the implementations of Senate Bill 5897, partners may submit a Partner Change Request Form to dorblspartner@dor.wa.gov at least 10 days before making a licensing change, as long as it only affects endorsement fees and requires no additional programing. · Any updates to city or county pages on the DOR website. 3. Developer resource requests: Changes to current licensing requirements. Complex changes to endorsement fees, such as a fee structure change from a flat fee to ranges based on gross income or employee count, still require a minimum 75-day notice. New endorsements. Changes to City or County ordinance impacting your regulatory process. Requirement changes to any existing City or County addendum question. Any other request that will require programing. Programming requests are prioritized at an agency level in order to appropriately allocate developers to work on system enhancements and defects since the ATLAS system is an integrated system in which most of DOR utilizes which includes BLS, tax, compliance and audit. Adding Partner Portal Access The process for adding new users or requesting access for those that have not used ATLAS Partner Portal for over 120 days is automated. Please contact Partnership Services at dorblspartner@dor.wa.gov for more information. Training Requests Describe any training topics, processes, or procedures you would like training on in the Partner Training Request Form and return to DORBLSPartnerTraining@DOR.WA.GOV. Partner Pending Approvals We ask partners to generate the Partner Pending Approvals report in ATLAS and review any endorsements over 365 days old. Pending endorsements will stay pending indefinitely and reviewing this report periodically will help maintain ATLAS data integrity. You were sent this message because you are the primary BLS contact for your city or county. If you received this message in error, forward to the correct licensing contact. If the primary BLS or public contact has changed, reply with the following for the new contact: 1. Name. 2. Title. 3. Email. 4. Phone. Thank you for helping us keep your licensing requirements and our partnership information up to date. Partnership Services Taxpayer Services 6500 Linderson Way SW | Tumwater, WA 98501 (360) 705-6777 | dorblspartner@dor.wa.govWashington State Department of Revenue City of Arlington Council Agenda Bill WS #7 Attachment September 8, 2025 Police Department 2025 Second Quarter Report Second Quarter Report Police EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGET AMMOUNT: LEGAL REVIEW: DESCRIPTION: ALTERNATIVES: 1 Staffing • Budgeted 42 FTEs for 2025/26 (35 Officers – 1 Limited Commission – 6 Civilian) • 38 current FTEs (32 Officers – 1 Limited Commission – 5 Civilian) • APD has 2 contracted employees (1-DV Coordinator / 1-LEESW) Update of Current Contracts • Current APOA CBA expires 12/31/2026 • Current AFSCME CBA expires 12/31/2025 (*extended 1yr by MOU) Executive Summary – Highlights • APD investigators assigned to the Washington State Internet Crimes Against Children Task Force (ICAC) and working with Seattle PD, Lake Stevens PD, Bothell PD, SCSO, and the FBI arrested a 32-year-old man and 46-year-old woman for crimes including bestiality and distribution of sexual depictions of a minor involving a 4-year-old victim. The child was located, rescued, and immediately taken to safety. Both suspects were booked into the Snohomish County Jail. • APD celebrated Military Child Month by participating in a Touch a Truck event hosted by Navy MWR (Morale, Welfare & Recreation) at the Smokey Point Navy Exchange. The event is an amazing opportunity for our police officers to connect with the community and showcase some of our equipment. • APD partners with Starbucks for Coffee with a Cop event. This a chance to connect with officers in a casual setting over coffee to ask questions or share concerns. Also get to know those who serve and protect the community. • APD successfully track and arrest armed robbery suspect using Automatic License Plate Reader (ALPR) technology • APD Officer Braniff attended a community outreach event at Cedar Pointe Apartments that was well received. These events help build strong relationships with the community. • Congratulations Police Service Manager Jen Bilow and Police Service Technician Terri Jensen for their recent professional accomplishments as newly certified public records officers. Both Jen and Terri have successfully earned Certificates of Professional Achievement as Certified Public Records Officers Police Project Reports & Update 2 through the distinguished Washington Association of Public Records Officers (WAPRO) Certification Program. • Officer Mike McQuoid suited up with APD for the last time on May 2nd. He formally retires with 25 years of experience to our agency and our community. He will continue to service while in a new role as a fish and wildlife officer for the Stillaguamish Tribe. Congratulations Officer McQuoid. • Excellent work by Range Masters Heltne and Adrian who issued new 9mm handgun platforms with the new red dot sighting systems to each officer. • Snohomish County 911 cutover to a new digital radio system on May 6 which included new technology that encrypts law enforcement communications that prevents unauthorized monitoring. • APD conducted a Bicycle Rodeo Safety Fair on May 17th at Legion Park. This provided officers the opportunity to hand out free bike helmets to child participants. Thank you, Sgt. Olson, and Ofc. Black of coordinating. • Volunteer Coordinator Ed Krell hosed another shopping card roundup in the smokey point area. Thank you. • Thank you to Detective Kypher Koska who provided Defensive Tactics instruction at the NW Regional BLEA for several weeks. • Smokey Point Community Park Opened. The Splash Pad Opened on Memorial Day. • Arlington Police Volunteers worked our Police Support Officer to complete a day of graffiti removal and clean-up around the city to restore a sense of public safety and order. • Sno911 opens a new facility in Everett! • Congratulations to Sgt. Olson for completing 40 hours of WASPC’s Credible Leadership Series that meets CJTC’s Middle-Management core curriculum for Career-Level Certification (CLC). • Congratulations to Officer Kidd-Zimmerman who was selected to serve with the Snohomish Multi-Agency Response Team (SMART) in a support role. By wk starting each Sunday → RL Custom Alerts Other Custom Alerts ARLINGTON POLICE DEPARTMENT 2025 2nd Quarter Total Hotlist Alerts 5,246 Official Alerts 2,382 88 2,776 Flock Report Warning 1,073 Ticket 317 *Generated a Report Traffic (YTD)2023 2024 2025 Collisions* 354 303 304 Traffic Stops 575 780 1459 Type Crime 2023 2024 2025 Assault 48 68 71 Order Violation 43 14 47 Robbery 11 3 3 Sex Offense 7 10 6 Arson -1 1 Vehicle Theft 55 55 26 Burglary 66 35 21 Fraud 39 52 45 Theft 196 172 143 Malicious Mischief 61 82 43 Weapon 15 19 9 Substance Abuse 16 18 53 DUI 32 45 74 Crimes that Generated a Case (Year-To-Date) Pe o p l e Pr o p e r t y So c i e t y Device Count 27 Records 4th Q 1st Q 2nd Q Fingerprints 61 50 42 Records Request 302 344 331 CPL Applications 76 45 48 Incident/Call Type 2ndQ 3rdQ 4thQ 1stQ 2ndQ Abandoned Vehicle 65 77 39 71 64 Abuse of Person 4 2 5 2 4 Alarm 165 240 160 178 186 ALPR 32 42 18 18 5 Animal 134 158 98 102 141 Arson 1 0 0 1 0 Assault 36 54 31 42 45 Assist 225 276 256 231 255 ASW 8 6 6 2 7 Attempt to Contact 14 17 16 13 8 Attempt to Locate 5 2 3 1 1 Incidents: 911 calls & officer-initiated BHC 105 164 110 70 119 Calls for Service (CFS): 911 Calls Burglary 22 28 17 12 11 Cases:Require more documentation Civil 169 148 129 133 144 Collision 186 162 206 162 142 CPS 27 9 10 13 17 Death 15 9 13 18 15 Disturbance 115 159 113 99 92 DUI 95 99 75 83 87 DV 79 91 85 68 103 Elude 10 11 5 1 4 Fireworks 11 68 5 13 12 Fraud 41 64 50 37 35 Harassment 23 38 31 21 19 Indecent Exposure 11 10 5 1 3 Malicious Mischief 38 60 69 33 33 Noise Complaint 66 85 55 39 62 Nuisance 242 283 180 139 149 Order Violation 24 38 41 30 32 Ordinance Violation 25 29 26 28 17 Paper Service 73 53 38 43 36 Parking 112 137 96 112 111 Person Lost/Found 49 59 45 36 37 Property Lost/Found 50 58 37 43 56 Public Assist 205 239 226 209 256 Pursuit 3 7 5 1 5 Radar 4 50 28 46 42 Robbery 4 2 6 2 1 RSO 23 13 26 17 14 Search Warrant 5 8 3 6 4 Security Check 495 357 360 372 373 Sex Offense 9 4 1 3 7 Shots Heard 5 8 8 1 3 Substance Abuse 141 157 77 98 95 Suicide 21 13 21 16 18 Suspicious 955 987 852 821 869 Theft 135 158 151 100 142 Threat 18 21 13 9 15 Traffic 992 1026 1019 1093 774 Trespass 266 315 254 193 217 Vehicle Recovery 23 28 18 22 10 Vehicle Theft 30 19 22 23 14 Warrant 105 123 120 106 97 Weapon 10 10 11 8 11 Welfare Check 138 177 145 127 154In c i d e n t s A b o v e & B e l o w A v e r a g e f o r 2 0 2 5 2 n d Q D a r k e r B l u e = B e l o w D a r k e r R e d = A b o v e Ye a r t o D a t e T o t a l s 91 1 C a l l s f o r S e r v i c e b y T i m e - o f - D a y 2 0 2 4 2025 11 , 9 5 9 11 , 9 5 5 12 , 6 8 6 8, 8 7 3 8, 4 7 9 7, 6 6 4 1, 6 5 2 1, 9 0 2 1, 7 0 6 Officer Initiated 5,022 911 Calls 7,664 Ca l l s f o r Se r v i c e Ca s e s In c i d e n t s 600 700 800 900 1000 Sun Mon Tue Wed Thur Fri Sat 911 CFS by Day-of-Week 50 150 250 350 1 3 5 7 9 11 13 15 17 19 21 23 2023 2024 2025 Monthly ESW Data Report June 2025 The tables below show the outcomes achieved when working with individuals in Arlington. Additionally, we’ve included the total outcomes achieved this month by the entire Snohomish County Outreach team. Arlington Total Services June 2025 June 2025 Clients Clients Initial Contact Initial Contact Assessment Completed MH Assessment Completed MH Assessment Completed SUD Assessment Completed SUD DC Completed DC Completed Treatment SUD Inpatient Scheduled Treatment SUD Inpatient Scheduled Treatment Completed SUD Inpatient Treatment Completed SUD Inpatient Housing Secured Housing Secured Initial Contact Assessment Completed MH Assessment Completed SUD DC Completed Treatment SUD Inpatient Scheduled the number of clients scheduled for an inpatient treatment bed Treatment Completed SUD Inpatient Treatment Initiated SUD Intensive Outpatient Housing Secured – the number of clients who successfully moved into independent housing 2024 Year-End SRDTF Financial/Budget Report The Snohomish Regional Drug Task Force’s (SRDTF) budget is comprised of several different funding source. These funding sources include the Drug Buy Fund (known as fund 142) which houses confiscations and seizures. The SRDTF also receives grant funding. Grant funding during 2024 included: the High Intensity Drug Trafficking Areas (HIDTA), the Commerce Byrne Justice Assistance Grant (JAG) and the State Commerce Multijurisdictional Task Force (formerly the Commerce Byrne JAG). In addition, our partner cities offer contributions through the SRDTF Interlocal Agreement (ILA). This report will review those funding sources and provide a breakdown of revenues and expenses. The 2024 year-end revenue for the Drug Buy Fund saw an increase from 2023. In 2024 revenue received was $1,176,511.97 vs $559,737.26 in 2023. Confiscations and auto auction sales made up a large portion of the $1,176,511.97. In January of 2024 there was one large seizure case from 2022 that was finalized through the courts and fortified. Also, in early 2024 several cases with seized vehicles were finalized through the courts, fortified and sold at auction. While the 2024 revenue increased the operating expenses increased as well. In 2024 the Drug Buy Fund had a total operating expenses equaled to $865,536.41 vs $650,537.98 in 2023. A couple factors were the daily operating expenses increasing by 8.1% from 2023. The purchase of vehicles and the upgrade to the security system (fire & intrusion). At 2024 year-end the Drug Buy Fund had a fund balance of $348,488.56. The fund balance is a combination of an increase in revenue and a decrease in expenses from the original budget. Confiscations & auto auction sales saw an increase of $301,511.97. While expense saw a decrease from the original budget by $43,976.59. This figure is currently an estimate as the Realized Net Profits/Losses have not been finalized by County Finance as of the writing of this report. Once the final figures are received this information will be updated. The year-end Annual Equitable Sharing Report was filed on March 1, 2025. Equitable sharing received for year-end 2024 totaled $20,418.25. The breakdown of these funds consisted of 2016 ICE case finalized and funds received in the amount of $13,192.03. DAG amount requested was $140,640.00. A 2022 DEA case finalized, and funds received in the amount of $1,414.73. DAG amount requested was $6,000.00. A 2023 DEA case finalized, and funds received in the amount of $5,811.49. DAG amount requested was $59,605.00. Accounted for in January of 2024 was the 2023 HIDTA grant which had a balance forward of $76,364.50 of the $198,132.00 awarded. The balance forward of $76,364.50 was expended from January to May of 2024. The 2024 HIDTA grant in the amount of $168,078.00 was awarded and signed on April 29, 2024. Spending of this grant began immediately upon receiving the award. The year-end balance forward of the 2024 HIDTA to 2025 was $32,339.05. In January 2024 Commerce-Byrne JAG grant had a balance forward of $71,693.19. These funds supported the Commander ’s salary & benefits and were expended from January to April 2024. For the timeframe of May 1 – June 30, 2024, the Commander ’s salary & benefits was then supported through the SRDTF ILA allocations. On July 1, 2024, the new Commerce-State Multijurisdictional Task Force grant was award in the amount of $150,000.00. This grant supported the Commander ’s salary & benefits from July 1, 2024, through December 31,2024 with a year-end remaining balance of $48,548.29. The remaining balance will be utilized in 2025. City of Arlington Council Agenda Bill WS #8 Attachment September 8, 2025 North County Regional Fire Authority 2025 Second Quarter Report Second Quarter Report 2025 North County Regional Fire Authority; Dave Kraski, Deputy Chief of Operations EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: ALTERNATIVES: A47 19% M46 13.8% A99 11.6%E46 11.6% M48 10.5% A90 9.5% M99 8.2% A97 5.3%E99 4.2% Other Skagit Valley Hospital Providence Cascade Valley Hospital 0 100 200 300 400 500 600 5 298 404 505 Station 48 Station 46 Station 99 Station 90 Station 97 Station 96 Station 92 1289 777 829 357 204 183 19 April 1 - June 30, 2025 NCRFA Q2 UNIT HOUR UTILIZATION TRANSPORTS MUTUAL AID GIVEN/RECEIVED TRANSPORT DESTINATIONS CALL VOLUME BY STATION STATION 46 STAFFING* 121212121212 67/91 days fully staffed *FD21 ILA went into effect June 1. April 1 - June 30, 2025 CITY OF ARLINGTON northcountyfirems.com CALL VOLUME BY STATIONS Station 46 - 777 Station 48 - 1289 TRANSPORTS BY A47, M46 & M48 544 TURN OUT TIME 90% - 2:35 Average - 1:23 Goal - 2:00 RESPONSE TIME EMS 90% - 7:21 Average - 4:59 Goal - 6:00 RESPONSE TIME FIRE 90% - 10:58 Average - 7:59 Goal - 10:00 Times calculated are for priority 1-3 incidents only Our standard is to meet the goal 50% of the time but always strive for 90%.