HomeMy WebLinkAboutOrdinance No. 2026-006 Amending Chapter 20.20 of the AMC re Appeals, Variances, Interpretations Under Planning No. PJ25-0039ORDINANCE NO. 2026-006
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.20
OF THE ARLINGTON MUNICIPAL CODE REGARDING APPEALS, VARIANCES, INTERPRETATIONS
UNDER CITY PLANNING NO. PJ25-0039
WHEREAS, the city has proposed an update to the Appeals, Variances, Interpretations
regulations to the City zoning code; and
WHEREAS, the Arlington Planning Commission considered the revisions on February 3,
2026 and at a public hearing conducted on February 19, 2026; 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 March 9, 2026, a
meeting on March 16, 2026, 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 Chapter 20.20 Title shall be hereby amended as
follows:
APPEALS, VARIANCES —AND INTERPRETATIONS
Section 2. Arlington Municipal Code section 20.20.010 shall be hereby amended as
follows:
20.20.010 Appeals of Community and Economic Development Directory=,i£-�oa
Decisions.
(a) All actions of the Community and Economic Development Director Gr DesigR Review mod
are appealable to the Hearing Examiner. Any aggrieved party of record may file an appeal.
An appeal shall be considered filed when a written notice of appeal, specifying the grounds
and arguments therefore, is delivered to the Community and Economic Development
Department and the appeal fee as set by resolution is paid. The date and time of filing shall
be entered on the notice by the o,,.-FRitAssist-.pee Center -Permitting staff.
ORDINANCE NO. 2026-006 1
(b) Only the following parties have standing to file an appeal:
(1) The City;
(2) The applicant; and
(3) A party of record
(c) Appeals must be in writing on forms provided by the department, be accompanied by an
appeal fee as outlined in the city's most current fee resolution and contain the followin
information:
(1) Facts demonstrating; that the person is adversely affected by the decision;
(2) A concise statement identifying each alleged error and the manner in which the
decision fails to satisfy the applicable decision criteria;
(3) The specific relief requested; and
(4) Any other information reasonably necessary to make a decision on the appeal.
(d) An appeal must be filed within fourteen days after the date of the decision or order appealed
from. The City shall extend the appeal period for an additional seven days if a Determination
of Nonsignificance with no prior public comment period has been issued on the project.
(e) SEPA Appeals may only be of the determination of nonsignificance or mitigated
determination of nonsignificance, or final determination during the specified timeline. See
AMC 20.98.210 for SEPA specific appeals.
(f) Whenever an appeal is filed, the Community and Economic Development Director shall
forthwith transmit to the appropriate appeal body all the papers constituting the record
relating to the action appealed from. The hearing body shall schedule and hold a closed
record appeal hearing within sixty days of the date of filing of the appeal, unless all parties to
the appeal agree in writing to extend the time period.
(g) An appeal stays all actions by the City seeking enforcement of or compliance with the order
or decision appealed from, unless the Community and Economic Development Director
certifies to the appeal body that (because of facts stated in the certificate) a stay would, in
his opinion, cause imminent peril to life or property. In that case, proceedings shall not be
stayed except by order of the appeal body or a court, issued on application of the party
seeking the stay, for due cause shown, after notice to the Community and Economic
Development Director.
(h) The appeal body may reverse or affirm (wholly or partly) or may modify the order,
requirement or decision or determination appealed from and shall make any order,
requirement, decision or determination that in its opinion ought to be made in the case
before it. To this end, the appeal body shall have all the powers of the officer from whom the
appeal is taken.
(i) An appeal decision by the City Council is considered the final decision of the City.
Section 3. Arlington Municipal Code section 20.20.020 shall be hereby amended as
follows:
20.20.020 Appeals of Hearing Examiner Decisions.
(a) 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
ORDINANCE NO. 2026-006 2
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.
(b) Upon motion for reconsideration, the date of the decision is the date of entry of the decision
on the reconsideration motion by the Hearing Examiner and not the original decision date
by the City.
(c) Notice of the appeal and any other pleadings required to be filed with the court shall be
served as required by law within the applicable time period. This requirement is
jurisdictional.
(d) The cost of transcribing and preparing all records ordered certified by the court or desired by
the appellant for such appeal shall be borne by the appellant. The record of the proceedings
shall be prepared by the City or such qualified person as it selects. Prior to the preparation
of any records the appellant shall post an advance fee deposit with the Qty-Pe-p-a e, -
ss"i-'-'e'rr"rity yq,p�.y ��t-+••I.i .-. f�' t—in the Rt eGified by the f ity's
p � i� C'ah'Mmunity and Economic Development Department. Any additionai fees
incurred shall be paid within an agreed upon amount of time. Any overage will be promptly
returned to the appellant.
Section 4. Arlington Municipal Code section 20.20.040 shall be hereby amended as
follows:
20.20.040 Interpretation of Zoning Maps.
(a) The Community and Economic Development Director is authorized to interpret the zoning
map as well as any supplemental maps associated with Title 20 and to pass judgment upon
disputed questions of lot lines or district boundary lines and similar questions. If such
questions arise in the context of an appeal from a decision of the Community and Economic
Development Director, they shall be handled as provided in §20,20,010 (Appeals of
Cormunity and Economic Development Director Decisions).
(b) An application for a map interpretation shall be submitted to the Community and Economic
Development Director by filing a copy of the application with the planning department. The
application shall contain sufficient information to enable the Community and Economic
Development Director to make the necessary interpretation.
(c) Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning
Map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerlines of alleys, streets,
highways, streams, or railroads shall be construed to follow such centerlines.
(2) Boundaries indicated as approximately following lot lines, city limits or extraterritorial
boundary lines shall be construed as following such lines, limits or boundaries.
(3) Boundaries indicated as following shorelines shall be construed to follow the mean high-
water mark of such shorelines, and in the event of change in the shoreline shall be
construed as following the mean high-water mark of such shorelines.
(4) Where a district boundary divides a lot or where distances are not specifically indicated
on the Official Zoning Map, the boundary shall be determined by measurement, using the
ORDINANCE NO. 2026-006 3
scale of the Official Zoning Map. Each portion of a property split zoned shall be governed
§ 20.36.105 (Lots Divided by District Lines).
(5) Where any street or alley is hereafter officially vacated or abandoned, the regulations
applicable to each parcel of abutting property shall apply to that portion of such street or
alley added thereto by virtue of such vacation or abandonment.
(d) Whenever a single lot is located within two or more different zoning districts, the Director
shall provide a written interpretation regarding the rules and intent for the subject property.
(e) Interpretations of the location of floodway and floodplain boundary lines may be made by
the Community and Economic Development Director as provided in §20.64..110(Location of
Boundaries of Floodplain and Floodway Districts).
Section 5. Arlington Municipal Code section 20.20.050 shall be hereby added as follows:
20.20.050 Administrative Interpretation.
(a) This section establishes the procedure and criteria the Community and Economic
Development Director will use in deciding upon a written request to interpretthe provisions
of the Title 20 and in issuing any other written interpretation of Title 20.
(b) Purpose. An interpretation of the provisions of Title 20 clarifies conflicting or arnbiguous
wording or the scope or intent of the provisions of the Code. An interpretation of the
provisions of Title 20 may not be used alone to amend the Code and must be based on one
of the following:
(1) An application for a Code interpretation must relate to a specific site, to a specific land
use permit application, or to interrelated land use permit applications for a single project
within the City. or
(2) The Community and Economic Development Director deems an interpretation of the
Code is necessary related to a specific site or code section.
(c) Application Requirements. Any person may submit a written request for a
code interpretation to the Community and Economic Development Director, or the Director
may issue a code interpretation on the Director's own initiative. A filing fee may be required
for each request for an interpretation. At a minimum, a request for a code interpretation shall
include:
(1) The provision of this title for which an interpretation is requested;
(2) Why an interpretation of the provision is necessary; and
(3) Any reason or material in support of a proposed interpretation.
(d) Interpretation Procedure.
(1) A Code Interpretation request may be processed pursuant to 20.16.220, which shall
include notice to the project proponent or property owner; or
(2) Consolidated with the process associated with the review of the application. An appeal of
a Code interpretation shall be consolidated with the appeal of the decision on the
underlying application.
(3) A Code Interpretation may be initiated by the Community and Economic Development
Director outside the anDlication rrocess but shall follow the same Drocess for review and
issuance.
ORDINANCE NO. 2026-006 4
(4) The Community and Economic Development Director is authorized to interpret the
content of Title 20. The Public Works Director is authorized to interpret specific sections
of this title related to transportation facilities and utilities.
(5) The Director shall provide an interpretation to any person filing a request for a code
interpretation.
(6) Written interpretations may be appealed to the Hearin Examiner.
(e) Timing. An administrative interpretation request must be submitted prior to the date of
expiration of any applicable administrative appeal period for a land use decision on the
application to which the request relates. An administrative interpretation requested after the
applicable appeal period may not affect an issued permit or decision.
(f) Factors for consideration. In making an interpretation of the provisions of Title 20,
the Director shall consider all of the following:
(1) The applicable provisions of Title 20, including their purpose and context;
(2) The impact of the interpretation on other provisions of Title 20;
(3) The implications of the interpretation for development within the City as a whole; and
(4) The applicable provisions of the Comprehensive Plan and other relevant codes
(g) An interpretation of the code issued under this section has the same effect as any provision
of Title 20.
(h) An administrative interpretation of the code remains in effect until rescinded in writing b
the director or this title is amended to implement or override the interpretation.
(i) All administrative interpretations must be posted on the city',; website.
Section 6. Arlington Municipal Code section 20.20.060 shall be hereby amended as
follows:
20.20.9-549060 Requests to be Heard Expeditiously.
As provided in §20.20.070 Community and Economic Development Director, and Hearin
Examiner or CitV Council Action on Appeals and Variances), all appeals and variance requests shall
be heard and decided as expeditiously as possible, consistent with the need to follow regularly
established agenda procedures, provide notice in accordance with §20.24 (Hearing and Pre -
Hearing Procedures for Appeals and Applications), and obtain the necessary information to make
sound decisions.
Section 7. Arlington Municipal Code section 20.20.054 shall be hereby amended as
follows:
20.20.9-54O65 Decisions of the Community and Economic Development Director, Hearing
Examiner, De ig Planning Commission, or City Council.
(a) Any final decision of a permit -issuing authority or appeal body shall be in writing and shall
include findings and conclusions, based on the record, to support the decision. Such findings
and conclusions shall also set forth the manner in which the decision would carry out and
conform to the Comprehensive Plan and development regulations. Each final decision, unless
ORDINANCE NO. 2026-006
the applicant and the decision -making authority mutually agree to a longer period in writing,
shall be rendered within fifteen days following conclusion of all testimony and hearings.
(b) The Community and Economic Development Director shall issue decisions of the Community
and Economic Development Director, Design Review geaYd, or City Council based on the
record. The Hearing Examiner shall issue his decisions by providing a signed copy to the
Community and Economic Development Director, who shall then issue a Notice of Decision
as per §20.16.275 (Notice of Final Decision).
Section 8. Arlington Municipal Code section 20.20.060 shall be hereby
amended as follows:
20.20.060070 Burden of Proof in Appeals and Variances.
(a) When an appeal is taken to the Hearing Examiner in accordance with §20.20.010 (Appeals of
Community and Economic Development Director eF Design Reviey-, R^;F4 Decisions), the
appellant shall have the burden of presenting to the Hearing Examiner sufficient evidence
and argument to demonstrate the appellant is entitled to relief. The hearing examiner shall
have the right to control the presentation of evidence and witnesses, including who may
present testimony or argument in an appeal hearing.
(b) The burden of presenting evidence sufficient to allow the decision -making authority to reach
the conclusions set forth in §20.20.030(c) (Variances), as well as the burden of persuasion on
those issues, remains with the applicant seeking the variance.
Section 9. Arlington Municipal Code section 20.20.070 shall be hereby amended as
follows:
20.20.07-0075 Community and Economic Development Director, and Hearing Examiner or City
Council Action on Appeals and Variances.
(a) With respect to appeals, a motion to reverse, affirm, or modify the order, requirement,
decision, or determination appealed from shall include, insofar as practicable, a statement of
the specific reasons or findings of facts that support the motion. If a motion to reverse or
modify is not made, then a finding to uphold the decision appealed from shall be in order.
(b) Before granting a variance, the permit -issuing authority must make a separate finding on each
of the three required findings stated in §20.20.030(c). Insofar as practicable, an affirmative
finding on each of the requirements set forth in §20.20.030(c) shall include a statement of
the specific reasons or findings of fact supporting such motion.
(c) A variance may be denied on the basis that any one or more of the three criteria set forth in
§20.20.030(c) are not satisfied or that the application is incomplete. Insofar as practicable, a
denial shall include a statement of the specific reasons or findings of fact that support it.
Section 10. 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.
ORDINANCE NO. 2026-006 6
Section 11. 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 16th
day of March, 2026.
CITY OF ARLINGTON
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Do . Vanney, Ma
ATTEST:
Wendy Van 6er Meersche, City Clerk
APPROVED -A$ TO FORM:
Oskar Rey, City Attorn
ORDINANCE NO. 2026-006 7
CERTIFICATION OF ORDINANCE
I, Wendy Van Der Meersche, being the duly appointed Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No.
2026-006 was approved at March 16, 2026 City Council meeting.
ORDINANCE NO. 2026-006
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTER 20.20
OF THE ARLINGTON MUNICIPAL CODE REGARDING APPEALS,
VARIANCES, INTERPRETATIONS
UNDER CITY PLANNING NO. P125-0039"
A true and correct copy of the original ordinance is attached.
Dated this 17th day of March 2026.
A— tZ6-S/l/ze&�
Wendy V n Der Meersche
City Clerk for the City of Arlington