Loading...
HomeMy WebLinkAbout06-08-26 Council Workshop PacketSPECIAL 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 – Raelynn APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1. Interlocal Agreement with Arlington School District No. 16 ATTACHMENT A for School Resource Officer Staff Presentation: Paul Ellis Council Liaison: Rob Toyer 2. Acceptance of Washington State Criminal Justice Training Commission ATTACHMENT B Officer Wellness Grant Staff Presentation: Jonathan Ventura Council Liaison: Michele Blythe 3. Ordinance Approving Amendment to Arlington Municipal Code ATTACHMENT C Chapter 20.16 Permits and Land Division Staff Presentation: Ameresia Lawlis Council Liaison: Nathan Senff 4. Ordinance Approving Amendment to Arlington Municipal Code ATTACHMENT D Chapter 20.40 Permissible Uses Staff Presentation: Ameresia Lawlis Council Liaison: Nathan Senff Arlington City Council Workshop Monday, June 8, 2026 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. 5. Ordinance Approving Amendment to Arlington Municipal Code ATTACHMENT E Chapter 20.110 Mixed Use Development Regulations Staff Presentation: Ameresia Lawlis Council Liaison: Yvonne Gallardo-Van Ornam 6. Airport On-Call Engineering Professional Services Agreement ATTACHMENT F Contract Amendment Staff Presentation: Lorene Robinson Council Liaison: Leisha Nobach 7. Airport Quarterly Report ATTACHMENT G Staff Presentation: Marty Wray 8. Maintenance & Operations Quarterly Report ATTACHMENT H Staff Presentation: Josh Grindy 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 WS #1 Attachment June 8, 2026 Interlocal Agreement with Arlington School District No. 16 for School Resource Officer Interlocal Agreement Police Department /Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: $111,232.92 BUDGET CATEGORY: BUDGETED AMOUNT: $111,232.92 LEGAL REVIEW: DESCRIPTION: Position. This position is budgeted in the police department operations budget. The school district and the police department are mutually responsible for providing a safe environment within which students may receive appropriate instructional and educational services, which can be delivered more efficiently through the cooperative efforts of said partners to the benefits of public health, safety, and welfare. The school district and the police department agree that it is in the best interest to assign a school resource officer to schools mutually agreed upon by ALTERNATIVES: Agreement between Arlington School District No. 16 and the City of Arlington for School Resource Officer services and authorize the Mayor to sign it pending legal review.” Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department Page 1 of 10 June 20265 INTER-LOCAL AGREEMENT Between ARLINGTON SCHOOL DISTRICT NO. 16 and CITY OF ARLINGTON POLICE DEPARTMENT THIS AGREEMENT, made and entered into this day of , 20265 by and between ARLINGTON SCHOOL DISTRICT NO. 16 (hereinafter referred to as “School District”) and the CITY OF ARLINGTON (hereinafter referred to as the “City”), acting through its POLICE DEPARTMENT (hereinafter referred to as the “Police Department”); WITNESSETH: WHEREAS, the School District and the Police Department desire to continue to provide law enforcement and related services to the public schools of the City of Arlington; and WHEREAS, the School District and the Police Department are mutually responsible for providing a safe environment within which students may receive appropriate instructional and educational services, which can be delivered more efficiently through the cooperative efforts of said partners to the benefits of public health, safety, and welfare; and WHEREAS, the School District and the Police Department agree that it is in the best interest to assign a School Resource Officer(s) to schools mutually agreed upon by both Parties; and WHEREAS, the School District and the Police Department have reviewed this Agreement within the last year using a process that involves parents, students, and community members. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the School District and the Police Department hereby agree as follows: ARTICLE I. PURPOSE The purpose of this Agreement is to develop a procedure that focuses on providing a safe and healthy environment for students and staff; to foster better relations between students and law enforcement personnel; to deter crime on or about school premises by the presence of a law enforcement officer; to enforce local, state, and federal laws; and to have law enforcement officers available for presentations to students, staff, and parents concerning law enforcement, school safety, and related law enforcement subjects. Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department Page 2 of 10 June 20265 ARTICLE II. POLICE DEPARTMENT’S RESPONSIBILITIES A. The Police Department agrees to: 1. Select a School Resource Officer (“SRO”), with input from the School District Superintendent or designee, based upon mutually agreed criteria. 2. Retain the authority and responsibility for training the SRO. By signing this Agreement, the Police Department confirms that any SRO assigned to the School District will, prior to serving in his or her capacity as an SRO, have received training sufficient to satisfy the mandate of RCW 28A.320.1242(1)(a)(iii), including training on the following topics:  Constitutional and civil rights of children in schools, including state law governing search and interrogation of youth in schools;  Child and adolescent development;  Trauma-informed approaches to working with youth;  Recognizing and responding to youth mental health issues;  Educational rights of students with disabilities, the relationship of disability to behavior, and best practices for interacting with students with disabilities;  Bias free policing and cultural competency, including best practices for interacting with students from particular backgrounds, including English learner, LGBTQ, immigrant, female, and nonbinary students;  Local and national disparities in the use of force and arrests of children;  Collateral consequences of arrest, referral for prosecution, and court involvement;  Resources available in the community that serve as alternatives to arrest and prosecution and pathways for youth to access services without court or criminal justice involvement;  De-escalation techniques when working with youth or groups of youth;  State law regarding restraint and isolation in schools, including RCW 28A.600.485;  The federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) requirements including limits on access to and dissemination of student records for non-educational purposes; and  Restorative justice principles and practices. 3. Provide yearly proof that all assigned SROs have received the training described in this section. 4. Respond to any violation of local, state, or federal laws, statutes, or ordinances on or adjacent to school property, within the City limits, or as permitted by mutual aid Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department Page 3 of 10 June 20265 agreements. 5. Provide an officer to the School District on all school days. If the assigned SRO will be unavailable to work in the School District on any assigned day, the Police Department will make out for an extended time, a reasonable attempt will be made to provide another appropriately trained officer in his/her absence. 6. Follow legally appropriatelawful procedures prior to seeking access to student records or searching student property. 7. Respond, as soon as personnel levels permit, to reports of civil disorder or riots on School District property or at school functions within the City limits. 8. Maintain adequate records of the services set forth in this Agreement for a period of six years after completion of this Agreement. While the School District is in sessionDuring the school year, the Police Department shall provide a monthly written report to the School District that summarizes the SRO’s activities during the previous month. This report will include the information necessary for the School District to comply with the reporting requirements under RCW 28A.320.1241. 9. The Police Department has an existing personnel complaint policy (Arlington Police Department Policy 1010) that outlines the guidelines for the reporting, investigation, and disposition of complaints regarding the conduct of members of the Police Department. The Police Department will make this policy available to the School District. The Police Department will work with the School District in order to resolve any complaints which the School District may receive about a member of the Police Department. Additionally, individuals wishing to file complaints may directly contact the Police Department. B. School Resource Officer 1. The Police Department and the School District recognize the value of an SRO position. The SRO position will be assigned to schools as mutually agreed upon by both Parties. 2. The School District will pay 100% of the SRO’s pay and benefits, excluding overtime pay, on a pro-rated basis for those days the SRO is actually at the school or on school business for the period beginning September 1, 202 65, and ending the last day of school in June 20276. Additionally, the School District will cover up to four (4) days of approved leave per school year. The School District will establish and maintain a budget for these expenses, in compliance with RCW 39.34.030(3)(d). 3. Each year, prior to the School District publishing its budget and in no event later than seventy-five (75) days prior to June 1, the Police Department will provide the School District with the anticipated cost of the SRO program for the upcoming year. 4. The Chief of Police or designee shall oversee the SRO assigned above, perform scheduled and unscheduled visits to the schools, and work with the School District in coordinating and developing the program. C. Regular Duty Hours of School Resource Officers 1. The SRO shall be assigned to the schools on a full-time basis during the school Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department Page 4 of 10 June 20265 year and shall maintain regular duty hours totaling eight (8) hours per day, five (5) days per week, including at least each day the SRO’s assigned school is in session. 2. School principals, while having no direct authority over the SRO, may request the SRO to assist in additional tasks that are mutually agreed upon by the principal and Chief of Police or designee and that do not violate the terms of this Agreement. D. Instructional Responsibilities for the School Resource Officer 1. The SRO shall act as an instructor or guest speaker for specialized, short-term programs when invited to do so by a principal or other School District staff. 2. The SRO shall make a variety of law- related presentations available to School District staff and students,. E. Additional Responsibilities of the School Resource Officer 1. The SRO shall coordinate programs and presentations with School District administrators andprincipals and concerned staff members, and will seek permission, advice, and guidance prior to enacting any program within the a school. These activities and programs shall be approved by the Chief of Police. 2. The SRO shall develop expertise in presenting various subjects to students. Such subjects shall include basic understanding of the Revised Code of Washington, the role of the police, and community policing. 3. The SRO shall encourage individual and small group discussions with students, based upon material presented in class, to further establish rapport with students. 4. When requested and approved by the Chief of Police or designee, the SRO shall attend parent/staff meetings to solicit support and understanding of the program, as well as to assist parents and staff members in law enforcement- related problems involving students. 5. The SRO shall be available for student, parent, and staff member conferences in order to assist with solving problems of a law enforcement or crime-related nature. 6. The SRO shall become familiar with all community agencies that offer assistance to children, youth, and their families (e.g., mental health clinics, drug treatment centers, etc.). The SRO shall make referrals when appropriate. 7. The SRO shall assist principals administrators in developing emergency plans and strategies to prevent and/or minimize dangerous situations and shall serve on the School District’s emergency management team. 8. Should it become necessary to conduct formal police interviews or investigations with students, the SRO shall adhere to all legal requirements, policies, and procedures established by law, the Police Department, and the School District. 9. The SRO shall give assistance to other law enforcement officers in matters regarding the SRO’s school assignment. 10. The SRO shall, whenever possible and approved by the Chief of Police or designee, participate in/attend school functions. Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department Page 5 of 10 June 20265 11. At a school administrator’s request, the SRO shall take appropriate law enforcement action against intruders and unwanted guests who may appear at the school or related school functions, to the extent the SRO may do so under the authority of the law. The SRO may intervene immediately in the case of emergencies that threaten the safety of students or staff. 12. The SRO shall not act as a school disciplinarian and shall not become involved in formal school discipline situations that are the responsibility of school administrators. However, if a school administrator or teacher believes that a student involved incident is a violation of the law, poses an immediate and continuing danger to others, or poses an immediate and continuing threat of material and substantial disruption of the educational process, or in other emergency circumstances, the administrator or teacher staff member may contact the SRO and the SRO shall then determine whether law enforcement action is appropriate. 13. As soon as practical, the SRO shall make school administrators aware of any law enforcement action he/she has taken. 14. The SRO is not to be used for regularly assigned lunchroom duty, bus duty, hall monitor, or other monitoring duties. The SRO is also not to be used as a crossing guard for continuing vehicle traffic control. However, if there is a temporary problem, the SRO may assist the school until the problem is resolved. 15. Per RCW 10.93.160, the SRO duties do not extend to immigration enforcement, and the SRO will not inquire into or collect information about an individual’s immigration or citizenship status, or place of birth. Neither will the SRO provide information pursuant to notification requests from federal immigration authorities for the purposes of civil immigration enforcement, except as required by law. 16. In all cases, the SRO shall utilize his/her training and experience to inform his/her decision as to when to informally interact with students to reinforce school rules and when to enforce the law. ARTICLE III. SCHOOL DISTRICT RESPONSIBILITIES A. The School District agrees to: 1. Determine what information shall be reported to the Police Department related to infractions of school rules or criminal activity on School District property or at school-related activities that are brought to the attention of a school administrator, subject to mandatory reporting laws, and notify the Police Department in compliance with the law. 2. Cooperate with police officials responding to a request for investigation of reported acts of violence or physical intimidation or possession of weapons on School District property or at school functions within the city limits of Arlington. 3. Permit law enforcement access to education records, personal records of students pursuant to applicable lawwhen legally appropriate procedures are followed. 4. Permit free access to School District property for police responding to civil Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department Page 6 of 10 June 20265 disorder or riot. 5. The School District shall provide to the full-time SRO the following materials and facilities that are necessary to the performance of the SRO’s duties: a. Access to a heated and properly lighted private office, which contains a telephone with a separate private line that may be used for general business purposes. b. A location for files and records that can be properly locked and secured. c. A desk with drawers, a chair, and office supplies, as needed. d. Access to a computer with Internet access. 6. The School District will annually submit a copy of this Agreement and the information required by RCW 28A.320.1241 to the Office of the Superintendent of Public Instruction. 7. At the end of each school semester, the principals from the schools served by the SRO shall provide written feedback about the SRO’s performance to the School District Superintendent, who shall then provide a summary of that information to the Police Department. The School District’s feedback shall be considered in the selection of the SRO, as required under RCW 28A.320.1242(1)(a)(ii). ARTICLE IV. AGREEMENT BETWEEN BOTH PARTIES A. Both the School District and the Police Department agree: 1. To work cooperatively to proactively address school security issues and to provide students, staff, and parents with quality law enforcement services and the safest learning environment possible. 2. To work cooperatively to develop and implement a process for families to file complaints with the School District and the Police Department related to the SRO and a process for investigating and responding to complaints. 3. To work cooperatively to provide for the annual collection and reporting of data regarding calls for law enforcement service and the outcome of each call, including student arrest and referral for prosecution, disaggregated by school, offense type, race, gender, age, and students who have an Individualized Education Program or plan developed under Section 504 of the Federal Rehabilitation Act of 1973. 4. That teachers and school administrators may ask the SRO to intervene if a student’s presence poses an immediate and continuing danger to others, or an immediate and continuing threat of material and substantial disruption of the educational process, or in other emergency circumstances consistent with School District Policies 3432 and 4311. SROs do not need to be asked before intervening in emergencies. 5. That the SRO is at all times an employee of the Arlington Police Department and will remain responsive to the chain of command of the Police Department. 6. That the SRO is a law enforcement officer and not a school administrator or employee. In all matters related to the performance of law enforcement functions, Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department Page 7 of 10 June 20265 such as criminal incident investigations and on-campus arrests, the SRO shall be subject to all policies and procedures of the Police Department and applicable local, state, or federal law. 7. No separate legal or administrative entity is being created to administer this Agreement. To the extent required by RCW 39.34.030, this Agreement shall be administered jointly by the Superintendent and the Police Chief. The Parties agree to follow the process set forth in Article VII to resolve differences between the Parties. 8. Nothing in this Agreement is intended to create any new legal duties between the Parties hereto and the public, or to alter any existing legal duties between the Parties and the public. 9. Indemnity. a. School District: The School District shall defend, indemnify, and hold harmless the Police Department and its officers, officials, employees, volunteers, and agents from any and all claims, injuries, damages, losses, or suits of any nature whatsoever, including attorney fees, relating to, arising out of, or resulting from the acts, errors, or omissions of the School District and its officers, employees, volunteers, or agents during the performance of this Agreement, except for claims, injuries, damages, losses, or suits caused by the acts, errors, or omissions of the Police Department. b. Police Department: The Police Department shall defend, indemnify, and hold harmless the School District and its officers, officials, employees, volunteers, and agents from any and all claims, injuries, damages, losses, or suits of any nature whatsoever, including attorney fees, relating to, arising out of, or resulting from the acts, errors, or omissions of the Police Department and its officers, employees, volunteers, or agents during the performance of this Agreement, except for claims, injuries, damages, losses, or suits caused by the acts, errors, or omissions of the School District. c. Concurrent Liability: In the event of liability for claims, injuries, damages, losses, or suits of any nature whatsoever caused by, or resulting from the concurrent negligence of the School District and the Police Department and their respective officers, officials, employees, volunteers, and agents, each Party’s liability hereunder, including the duty and cost to defend, shall be only to the extent of their own negligence. Each provision of this section has been mutually negotiated, and this section shall survive the expiration or termination of this Agreement. 10. Both Parties shall comply with all applicable federal, state, and local laws in performing this contractAgreement. 11. This Agreement represents the entire understanding of the Parties and supersedes any prior agreement and any oral representations that are inconsistent with or modify its terms and conditions. 12. This Agreement shall be interpreted in accordance with the laws of the State of Washington. The venue for any cause of action arising out of this Agreement shall be Snohomish County, Washington. Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department Page 8 of 10 June 20265 ARTICLE V. TERM AND TERMINATION This Agreement shall become effective upon execution and shall expire on June 30, 202 74. This Agreement may be renewed for an additional term of one (1) year upon the written consent of the Parties; provided, however, that the Parties shall, prior to any renewal, review and adopt the Agreement using a process that involves parents, students, and community members, in compliance with the requirements set forth in RCW 28A.320. This Agreement is binding on each party’s successors and assigns. This Agreement may be terminated by either party upon thirty (30) days written notice that any other party has failed to substantially perform in accordance with the terms and conditions of this Agreement. This Agreement may be terminated without cause by either party upon ninety (90) days written notice. Termination of this Agreement may only be accomplished as provided herein unless otherwise agreed in writing. ARTICLE VI. NOTICES Whenever any party desires or is required by law to give notice unto the other party, notice shall be sent by certified mail or hand delivered to: Superintendent Arlington School District No. 16 315 N French Ave Arlington, WA 98223 Chief of Police City of Arlington 238 N Olympic Ave Arlington, WA 98223 ARTICLE VII. GOOD FAITH The Superintendent, the Chief of Police, their agents and employees agree to cooperate in good faith in fulfilling the terms of this Agreement. Unforeseen difficulties or questions will be resolved by negotiation between the Superintendent and the Chief of Police or their designees prior to referring issues to the elected officials of each party. ARTICLE VIII. MODIFICATION This Agreement constitutes the full understanding of the Parties and no terms, conditions, understandings, or agreements purporting to modify or vary the terms of this document shall be binding unless hereafter made in writing and signed by all Parties. ARTICLE IX. NON-ASSIGNMENT This Agreement, and each and every covenant herein, shall not be capable of assignment, unless the express written consent of the Superintendent and the Chief of Police, or their respective Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department Page 9 of 10 June 20265 designees, is obtained. ARTICLE X. MERGER This Agreement constitutes a final written expression of all terms of this Agreement and is a complete and exclusive statement of those terms, and shall supersede the Inter-Local Agreement executed by the Parties in 20254. Inter-Local Agreement – School Resource Officer Arlington School District No. 16/City of Arlington Police Department Page 10 of 10 June 20265 IN WITNESS WHEREOF, the Parties have caused the execution of this Agreement on the day, month, and year above first written. SCHOOL DISTRICT By: Dr. Chrys Sweeting, Superintendent Arlington School District No. 16 CITY OF ARLINGTON By: Don E. Vanney, Mayor By: Jonathan Ventura, Chief of Police Date: Date: Date: City of Arlington Council Agenda Bill WS #2 Attachment June 8, 2026 Acceptance of Washington State Criminal Justice Training Commission Officer Wellness Grant Grant Award Letter/Email Police Department; Jonathan Ventura, Chief EXPENDITURES REQUESTED: $13,551.00 BUDGET CATEGORY: BUDGETED AMOUNT: $0 LEGAL REVIEW: DESCRIPTION: Commission Officer Wellness Grant in the amount of $13,551.00 to repurpose and outfit a room within the police department as a wellness, recovery, and resiliency room. This room will be a low-barrier space designed specifically for employees to decompress, recover, and return to duty with improved focus and readiness. Grant acceptance and purchases may trigger the necessity for an end of year Through labor-management meetings, employee satisfaction surveys, and exit interviews, the Police Department has identified officer mental health and wellness as a key part of employee engagement, job satisfaction, retention, and long-term career success. Police Administration is finding practical, creative solutions such as partnering with other City departments, labor groups, private businesses, and pursuing grant opportunities to help take care of our people. This is essential to the success of ALTERNATIVES: Washington State Criminal Justice Training Commission Officer Wellness Grant and subsequent budget amendment in the amount of $13,551.00 and authorize the City Administrator to sign it.” City of Arlington Council Agenda Bill WS #3 Attachment COUNCIL MEETING DATE: June 8, 2026 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.16 Permits and Land Division ATTACHMENTS: Ordinance, Code Amendment Overview, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Ameresia Lawlis, Associate Planner EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: refining steps in the review process, and clarifying timelines, fees, and consolidated review procedures. It also removes duplicative or outdated code language and improves internal consistency across sections. Land division standards are updated to reflect current practices and state requirements, including new provisions where required. HISTORY: and Economic Development Department proposed to update the chapter for consistency with House Bill 1096, Senate Bill 5611 and Engrossed House Bill 1403. Staff also proposed updates to all text regarding subdivision types. While editing the chapter staff identified additional changes including, clarifications, permit naming sALTERNATIVES: Remand to staff for additional information move to approve the ordinance amending AMC Chapter 20.16 and authorize the Mayor to sign the Page 1 of 3 New or Renamed Table of Contents Code Sections: • AMC 20.16.440 Administrative Lot Splitting o New section providing process for an administrative lot split. • AMC 20.16.225 Special Use and Conditional Use Permits o Removed • AMC 20.16.235 Neighborhood Meeting for Conditional Use Permits Required o Removed • Renaming for consistency with new naming conventions (i.e. “Project Permit”, “Type I - III Permits” and “Short Subdivision” o AMC 20.16.220, 20.16.245, 20.16.250, 20.16.255, 20.16.260, 20.16.330, 20.340, 20.16.360, 20.16.400, 20.16.415, 20.16.425 and 20.16.435 • AMC 20.16.440 renumbered to 20.16.445 • AMC 20.16.445 renumbered to 20.16.450 • AMC 20.16.450 renumbered to 20.16.455 • AMC 20.16.455 renumbered to 20.16.460 • AMC 20.16.460 renumbered to 20.16.465 New Language Sections: • 20.16.140 Submittal of Application o New language clarifying the requirement of payment at the time of application. • Table 20.16.220 – 1 o Table showing which types of permits will fall under each Permit Type based on thresholds and public engagement requirements. Updated Language Sections: • 20.16.100 Permits Required o Renaming of permit types from “Zoning Permit, Special Use Permit and Conditional Use Permit” to Type I Permit, Type II Permit and Type III permit to provide consistency with industry standards and provide more clear expectations for applicants on what will be required with the land use permit. o Simpli�ication of language to “Project Permit” rather than listing all permit types, where appropriate • 20.16.105 Permits Exempt o Removal of some permit types from the exemption list, requiring them to adhere to the timeline and processing requirements of Title 20 and State Law. • 20.16.110 Who May Submit Permit Applications AMC Chapter 20.16 – PERMITS AND LAND DIVISION Zoning Code Amendment Overview Summary - Ameresia Lawlis, Associate Planner Page 2 of 3 o Simpli�ication of language to “Project Permit” rather than listing all permit types. • 20.16.30 Staff Consultation Before Formal Application o Replaced “pre-application” with “general information” for consistency with the departments current process. • 20.16.160 Consolidated Permit Review Procedures o Updated language for clarity regarding the process for consolidated review. • 20.16.170 Completing Development in Phases o Renaming to Type I – III as necessary o Removal of language referring to the Design Review Board. • 20.16.200 Applications to Be Complete o Simpli�ication of language to “Project Permit” rather than listing all permit types. o Clarifying the requirements of the submittal checklist for the application to be considered complete. • 20.16.205 Complete Application o Removal of extra words that are not necessary to provide more concise language. o Clari�ication that the project permit checklist is what outlines the permit submittal requirements. • 20.16.215 Burden of Presenting Evidence; Burden of Persuasion o Simpli�ication of language to “Project Permit” rather than listing all permit types. • 20.16.215 Distribution of Application o Simpli�ication of language to “Project Permit” rather than listing all permit types. • 20.16.220 Zoning Permits and 20.16.225 Special Use Permits and Conditional Use Permits o Combined into one section for clarity, as they follow the same general process and remove repetitive language. • 20.16.230 Notice of Application Filed o Clari�ied language regarding public noticing and provided a new table for transparency of the public noticing requirements. o Updated the mailing requirements for public notice to provide a more streamlined process of postcards and to reduce the distance for noticing to be mailing to match state requirements for SEPA noti�ication and keep the noticing closer to the actual project boundaries. o Renaming to Type I – III as necessary o Removal of neighborhood meeting reference • 20.16.240 Time Limit for Resubmitting Additional Information o Clari�ication of requirements regarding resubmittals. • 20.16.245 Recommendations on Special Use or Conditional Use Permit Applications Page 3 of 3 o Simpli�ication of language to “Project Permit” rather than listing all permit types. • 20.16.250 Community and Economic Development Director or Hearing Examiner Action of Special Use Permits o Renaming of Special Use to Type II o Revision of referenced sections • 20.16.255 Hearing Examiner Action on Conditional Use Permits (Pg 17) Removed Language Sections: 20.16.235 Neighborhood Meetings for Conditional Use Permits Required • Removed the requirement of neighborhood meetings, as other forms of public engagement are provided with Type III permits and can create unclear expectations for the community of their role in this portion of the process. Neighborhood meetings will still be provided for other types of projects such as the Comprehensive Plan or where otherwise deemed useful and practical. • HB1110 Growth Management Act – Minimum Development Densities in Residential Zones • RCW 36.70A.635 Minimum Residential Density Washington State Legislation or Other Requirements Staff Report & Recommendation AMC Chapter 20.16 Zoning Code Amendment – PJ25-0035 Page 1 of 5 PLANNING COMMISSION STAFF REPORT & RECOMMENDATION To: Planning Commission From: Ameresia Lawlis, Associate Planner Meeting Date: June 8, 2026 Date Prepared: May 26, 2026 Regarding: 2026 AMC Chapter 20.16 Zoning Code Amendment – PJ25-0048 A. INTRODUCTION The AMC Chapter 20.16 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the general provisions chapter. Included with this staff report is the proposed code amendments. GENERAL INFORMATION Applicant: City of Arlington Project Description: 2026 AMC Chapter 20.16 Zoning Code Amendment Requested Action: Approval of Ordinance B. DETAILED PROJECT INFORMATION The 2026 AMC Chapter 20.16 Zoning Code Amendment involves reorganizing permit categories, removing or refining steps in the review process, and clarifying timelines, fees, and consolidated review procedures. It also removes duplicative or outdated code language and improves internal consistency across sections. Land division standards are updated to reflect current practices and state requirements, including new provisions where required. Planning Division th Staff Report & Recommendation AMC Chapter 20.16 Zoning Code Amendment – PJ25-0038 Page 2 of 5 C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE: Type of Determination Issue Date Distribution and Public Notice SEPA Determination on Non-Significance (DNS) 4/22/2026 City Public Notice Website Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Publish Date – 4/23/2026 Comment Period – 4/23/2026 to 5/6/2026 Public comments received during the public comment period. Comment Summary City Response No comments received during comment period Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT: Public Notice and Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations Workshop: 5/5/2026 Meeting: 5/19/2026 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for Expedited Review – 2/19/2026 Deadline for 60-Day Review – 4/20/2026 Planning Commission Public Hearing 5/19/2026 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 4/23/2026 City Council Public Meeting Presentations Workshop: 6/8/2026 Meeting: 6/15/2026 City Council Agenda Online City Council Email Distribution List Agency Comments: Comment Summary Date Received City Response No comments received to date. Not applicable Staff Report & Recommendation AMC Chapter 20.16 Zoning Code Amendment – PJ25-0038 Page 3 of 5 Public Comments provided to City Council: Comment Summary Date Received City Response Master Builders Association: 1. Could the number of lots for a short subdivision be increased to twenty units? 2. Could there be other opportunities to consolidate permit review as outlined AMC 20.16.160? 3. Could the city of Arlington clarify that a lot split does not bar a future subdivision of land? Follow-up Letter: 4. (W)e encourage the city of Arlington to explore other tools that could expand fee-simple homeownership opportunities and support middle housing development. For example, in 2008 the city of Arlington created cottage housing as a development option. This type of housing has the potential to open more opportunities for fee-simple homeownership. MBAKS would encourage the city of Arlington to take a fresh look at this provision since it has not been reviewed in 17 years. 1st Letter: May 20, 2026 2nd Letter: May 26, 2026 MBAK’s follow-up letter. This would not align with current state law. 2. The process for permit review currently allows for multiple permit types to be processed at the same time, only requiring the permits to be issued in the proper order. With the most recent updates to AMC 20.98 and AMC 20.40, the thresholds for permit types requiring notice have also been updated which will create a shorter permitting timeline for applicable projects. 3. The condition applies specifically to results in a lot of a size that would allow for further land division, the lot is not eligible for a lot split but may be processes”, thus the newly created lot would not be eligible for further division unless regulations later in time allowed for smaller lots. 4. The City of Arlington is currently Supplemental Uses, which currently currently going forward at Planning than speCottage Housing. It is intended to do a more in- Staff Report & Recommendation AMC Chapter 20.16 Zoning Code Amendment – PJ25-0038 Page 4 of 5 3. COMPREHENSIVE PLAN COMPLIANCE: Goal or Policy Goal Description Summary LU-2 Ensure equitable access to City resources and programs through proactive and transparent outreach efforts, completed on multiple platforms, and where appropriate, in multiple languages. LU-2.1 Regularly review existing development regulations to remove requirements that unnecessarily hinder the development process. LU-9.1 All recommended changes in residential densities shall be evaluated on the following: (a) The overall impact to surrounding properties (b) The general impact to the existing transportation network (c) The availability and capacity of urban services and utilities in the area, and (d) Consistency with Growth Management Act’s growth targets and buildable land supply. H-1.2 Allow and encourage the development of moderate density and middle housing in single-family zones to increase the variety in housing types. H-1.5 Review and continue to streamline development standards and regulations to reduce barriers to development, provide flexibility and minimize additional costs to housing. 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. has followed the provision of Chapter 20.96 by being processed through the 2026 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 2026 Final Docket through Resolution 2025-009. 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 March 31, 2026 for 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 May 19, 2026. Planning Commission Meeting. The public noticing is described under Section 2 above. Staff Report & Recommendation AMC Chapter 20.16 Zoning Code Amendment – PJ25-0038 Page 5 of 5 Regulation Meets 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 Workshop; discussion only. At the June 15, 2026, City Council Meeting, the recommended motion will be “I move to approve the ordinance amending AMC Chapter 20.16 and authorize the Mayor to sign the ordinance”. City of Arlington Community & Economic Development Planning Commission 18204 59th Avenue NE - Arlington, WA, 98223 - 360-403-3551 – www.arlingtonwa.gov FINDING OF FACTS City of Arlington Planning Commission Drew Bono, Chair FINDING OF FACTS 360.403.3551 REGARDING: PJ25-0048 AMC CHAPTER 20.16 Zoning Code Amendment • This is a city-initiated MC Chapter 20.16 Zoning Code Amendments is a city-initiated amendment to the Arlington Chapter 20.16 Zoning Code Amendments SUMMARY: This proposed amendment involves revisions to: New or Renamed Table of Contents Code Sections: • AMC 20.16.440 Administrative Lot Splitting o New section providing process for an administrative lot split. • AMC 20.16.225 Special Use and Conditional Use Permits o Removed • AMC 20.16.235 Neighborhood Meeting for Conditional Use Permits Required o Removed • Renaming for consistency with new naming conventions (i.e. “Project Permit”, “Type I - III Permits” and “Short Subdivision” o AMC 20.16.220, 20.16.245, 20.16.250, 20.16.255, 20.16.260, 20.16.330, 20.340, 20.16.360, 20.16.400, 20.16.415, 20.16.425 and 20.16.435 • AMC 20.16.440 renumbered to 20.16.445 • AMC 20.16.445 renumbered to 20.16.450 • AMC 20.16.450 renumbered to 20.16.455 • AMC 20.16.455 renumbered to 20.16.460 • AMC 20.16.460 renumbered to 20.16.465 New Language Sections: • 20.16.140 Submittal of Application o New language clarifying the requirement of payment at the time of application. • Table 20.16.220 – 1 o Table showing which types of permits will fall under each Permit Type based on thresholds and public engagement requirements. Updated Language Sections: • 20.16.100 Permits Required o Renaming of permit types from “Zoning Permit, Special Use Permit and Conditional Use Permit” to Type I Permit, Type II Permit and Type III permit to provide consistency with industry standards and provide more clear expectations for applicants on what will be required with the land use permit. o Simplification of language to “Project Permit” rather than listing all permit types, where appropriate • 20.16.105 Permits Exempt - 2 - o Removal of some permit types from the exemption list, requiring them to adhere to the timeline and processing requirements of Title 20 and State Law. • 20.16.110 Who May Submit Permit Applications o Simplification of language to “Project Permit” rather than listing all permit types. • 20.16.30 Staff Consultation Before Formal Application o Replaced “pre-application” with “general information” for consistency with the departments current process. • 20.16.160 Consolidated Permit Review Procedures o Updated language for clarity regarding the process for consolidated review. • 20.16.170 Completing Development in Phases o Renaming to Type I – III as necessary o Removal of language referring to the Design Review Board. • 20.16.200 Applications to Be Complete o Simplification of language to “Project Permit” rather than listing all permit types. o Clarifying the requirements of the submittal checklist for the application to be considered complete. • 20.16.205 Complete Application o Removal of extra words that are not necessary to provide more concise language. o Clarification that the project permit checklist is what outlines the permit submittal requirements. • 20.16.215 Burden of Presenting Evidence; Burden of Persuasion o Simplification of language to “Project Permit” rather than listing all permit types. • 20.16.215 Distribution of Application o Simplification of language to “Project Permit” rather than listing all permit types. • 20.16.220 Zoning Permits and 20.16.225 Special Use Permits and Conditional Use Permits o Combined into one section for clarity, as they follow the same general process and remove repetitive language. • 20.16.230 Notice of Application Filed o Clarified language regarding public noticing and provided a new table for transparency of the public noticing requirements. o Updated the mailing requirements for public notice to provide a more streamlined process of postcards and to reduce the distance for noticing to be mailing to match state requirements for SEPA notification and keep the noticing closer to the actual project boundaries. o Renaming to Type I – III as necessary o Removal of neighborhood meeting reference • 20.16.240 Time Limit for Resubmitting Additional Information o Clarification of requirements regarding resubmittals. • 20.16.245 Recommendations on Special Use or Conditional Use Permit Applications o Simplification of language to “Project Permit” rather than listing all permit types. • 20.16.250 Community and Economic Development Director or Hearing Examiner Action of Special Use Permits o Renaming of Special Use to Type II o Revision of referenced sections • 20.16.255 Hearing Examiner Action on Conditional Use Permits (Pg 17) - 3 - Removed Language Sections: • 20.16.235 Neighborhood Meetings for Conditional Use Permits Required • Removed the requirement of neighborhood meetings, as other forms of public engagement are provided with Type III permits and can create unclear expectations for the community of their role in this portion of the process. Neighborhood meetings will still be provided for other types of projects such as the Comprehensive Plan or where otherwise deemed useful and practical. FINDINGS: SEPA Compliance: The SEPA Determination of Non-Significance was issued on April 22nd, 2026. Distribution of Public Notice included publishing in The Herald, online via the City Public Notice Website, email notification to review agencies, physical posting at City Hall and Arlington Library. No public comments were received, and no adverse impacts were identified during the review process. Public Notification/Involvement: 1. Department of Commerce: Sent for review on February 19, 2026. Deadline for review: April 20, 2026. 2. Planning Commission Workshop Presentation on: May 5th, 2026. Distribution and Public Notices were posted on the Planning Commission Agenda Online and emails were distributed to those on the Planning Commission Email Distribution list. No public comments were received. 3. Planning Commission Public Hearing Overview on: May 19th, 2026. Distribution and Public Notice was done via the City Public Notice website, the Planning Commission Agenda Online and emails sent to those on the Planning Commission Email Distribution List. Notice of Public Hearing on this item also included publishing in The Herald. No public comments were received. 4. City Council Workshop on: June 8, 2026. Distribution and Public Notice will be posted on the City Council Agenda Online and emails will be sent to those on the City Council Email Distribution List. 5. City Council Meeting on: June 15th, 2026. Distribution and Public Notice will be posted on the City Council Agenda Online and emails will be sent to those on the City Council Email Distribution List. 6. The Planning Commission finds that the public notification and involvement process met all applicable requirements and provided adequate opportunity for public input. Washington State Legislation or Other Requirements: None Purpose and Intent of Amendment: The proposed amendments are administrative and involve reorganizing permit categories, removing or refining steps in the review process, and clarifying timelines, fees, and consolidated review procedures. Land division standards are updated to reflect current practices and state requirements, including new provisions where required. Comprehensive Plan Compliance: These amendments comply with the following City of Arlington Comprehensive Plan Policies: LU-2, LU-2.1, LU.9.1, H-1.2, H-1.5. The Planning Commission finds that the proposed amendments are consistent with and support the goals and policies of the Comprehensive Plan. Compliance with AMC Chapter 20.96, Amendments. Amendment complies with; 20.96.010(a), 20.96.100, 20.96.110, 20.96.120 (a) and (c), 20.96.130 and 20.96.140 (1) and (2). - 4 - CONCLUSION AND RECOMMENDATION: The Planning Commission finds that the proposed amendments further public interest by ensuring zoning codes remain current, clear, and consistent with state regulations. Based on the foregoing findings and a unanimous vote, the Planning Commission hereby recommends that the City Council approve the proposed amendment to AMC CHAPTER 20.16 Zoning Code Amendment, PJ25-0048. Respectfully submitted through the Department of Community and Economic Development to the City Council This 27th day of May 2026. __________________________________ Drew Bono Arlington City Planning Commission, Chair May 20, 2026 Mayor Don Vanney City of Arlington 238 North Olympic Ave. Arlington, WA 98223 RE: AMC Chapter 20.16 Zoning Code Amendment Dear Mayor Vanney, MBAKS would like to thank the city of Arlington for examining and updating the subdivision code, adding consolidated review, and drafting a new lot splitting provision. The revision and new proposals are reasonable. However, MBAKS would like clarification of one section of the lot splitting code outlined below. First, thank you to the city of Arlington for updating this code section: Unit lot subdivision provisions and procedures will provide flexibility in how housing is delivered, supporting a wider range of ownership opportunities. Administrative review processes will reduce unnecessary procedural steps — improving predictability and shortening timelines without sacrificing oversight. The following additional comments and questions are submitted for City Council consideration in the future: 1. Could the number of lots for a short subdivision be increased to twenty units? 2. Could there be other opportunities to consolidate permit review as outlined AMC 20.16.160? 3. Could the city of Arlington clarify that a lot split does not bar a future subdivision of land? Here is a brief analysis of the questions: 1. Could the number of lots for a short subdivision be increased to twenty units? Increasing the number of lots allowed in a short subdivision will align Arlington with regional standards and avoid subjecting smaller projects to the time and cost burdens of full subdivision review. MBAKS would request this subject be reviewed in the future, and as the experience of surrounding communities is observed, the change be considered, if appropriate. Increasing the cap amount for short subdivisions will enable multiple housing units—including middle housing and ADUs—to be sold as fee-simple homes by applying development standards at the parent-lot level rather than to each resulting unit lot. 2. Could there be other opportunities to consolidate permit review as outlined in AMC 20.16.160? MBAKS supports the consolidated permit review as recommended by the Planning Commission. It creates a streamlined administrative path for subdivisions and lot splits that allow existing land to be divided with the option to complete review concurrently with a residential building permit. This will reduce permit times and the burden on staff as there is a clear hierarchy of permit review that can potentially streamline the process and gives certainty to the applicant. Given the ongoing supply shortage, we respectfully suggest that the Council consider whether future adjustments, such as reducing comment periods not required by statute, could further strengthen Arlington’s ability to support housing production while maintaining public transparency and regulatory compliance. 3. Could the city of Arlington clarify that a lot split does not bar a future subdivision of land? AMC 20.16.440(e)(3) states, a condition shall be placed on the face of the survey to record that further lot splits of the parent lot and newly created lot are not authorized by this section; MBAKS would like clarification on the limits of other future divisions such as a legal subdivision. Some clarification of “authorized by this section” would be helpful. Does this reference only apply to the lot splitting portion and not the subdivision title overall? The request for clarification is made in light of the fact that portions of the proposed language may unintentionally conflict with the plain language and intent of HB 1096 (2025), now codified in RCW 58.17.145. MBAKS supports clarification of this language to ensure consistency with state law and updated Commerce guidance. The issue stems in part from earlier Washington State Department of Commerce guidance that suggested lots created through a residential lot split could not later be further subdivided. Given the ambiguity created by that earlier interpretation, it was understandable that jurisdictions implementing HB 1096, could rely on that guidance when drafting local code language. Commerce has since updated its guidance to clarify that future division through other legal subdivision processes is allowed under state law. RCW 58.17.145(7) states: “If a lot split results in a lot of a size that would allow for further land division, the lot is not eligible for a lot split but may be divided under other applicable land subdivision processes.” The intent of HB 1096 was to create a streamlined process for a single administrative lot split while preventing repeated consecutive lot splits. It was not intended to prohibit future division through other legal subdivision methods such as short plats, unit lot subdivisions, or formal subdivisions. A brief note from the city would be appreciated that confirms a second lot split would not be allowable, but a short plat, unit lot subdivision or other formal subdivision could still be available to the owner of either the parent lot or the new lot. Finally, thank you for making these practical changes. The new ordinance will streamline the permit process, reduce costs, and deliver more attainable homeownership opportunities. In addition, the changes help improve certainty for applicants navigating the system. These amendments will help deliver homes more quickly and at lower cost in Arlington. Thank you for considering these comments. Sincerely, Russell Joe Russell Joe Snohomish County Government Affairs Manager Everyone deserves a place to call home. Cc: Amy Rusko, Community & Economic Development Director May 26, 2026 Mayor Don Vanney City of Arlington 238 North Olympic Ave. Arlington, WA 98223 RE: AMC Chapter 20.16 Zoning Code Amendment Dear Mayor Vanney, Thank you again for the city’s work on AMC Chapter 20.16, Permits and Land Division Approval. The city of Arlington is taking steps to review and update its code to encourage more housing. Adding consolidated review and a new lot splitting provision are two amendments that will help in this effort. MBAKS would like to take this opportunity, however, to clarify one section of the May 20th letter previously sent to you. The question was posed, “[c]ould the number of lots for a short subdivision be increased to twenty units?” Increasing the number of lots allowed in a short subdivision from nine to twenty units would not align with current law. Accordingly, MBAKS is not requesting that the City increase the number of lots eligible for short subdivision review beyond the limits established under state law. Rather, we encourage the city of Arlington to explore other tools that could expand fee-simple homeownership opportunities and support middle housing development. For example, in 2008 the city of Arlington created cottage housing as a development option. This type of housing has the potential to open more opportunities for fee- simple homeownership. MBAKS would encourage the city of Arlington to take a fresh look at this provision since it has not been reviewed in 17 years. Also, Arlington and cities generally have curiously not seen wide adoption of cottage housing in Western Washington. Could Arlington examine this code to see if changes could be made that will encourage more cottage housing and diversify its housing stock? For example, the city of Snohomish recently amended its cottage housing code to reduce the percentage of open space required. In addition, their code allows two story units. In the city of Arlington, changes to the code could increase the opportunity for potential homeownership by (depending on the zoning) encouraging developments of over nine units using this simple administrative process. MBAKS would like to discuss additional changes that could be considered in the future to encourage homeownership. We applaud the city of Arlington’s continued efforts to examine changes that could help deliver homes more quickly and at lower cost. MBAKS would welcome the opportunity to participate in conversations to discuss your ideas in the near future. Thank you for considering these comments. Sincerely, Russell Joe Russell Joe Snohomish County Government Affairs Manager Everyone deserves a place to call home. Cc: Amy Rusko, Community & Economic Development Director . ORDINANCE NO. 2026-XXX 1 {OER4935-6266-0018;1/13217.000006/} ORDINANCE NO. 2026-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.16 OF THE ARLINGTON MUNICIPAL CODE REGARDING PERMITS AND LAND DIVISION UNDER CITY PLANNING NO. PJ25-0048 WHEREAS, the city has proposed an update to the Permits and Land Division regulations to the City zoning code; and WHEREAS, the Arlington Planning Commission considered the revisions on May 5, 2026, and at a public hearing conducted on May 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 June 8, 2026, a meeting on June 15, 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 01. Arlington Municipal Code section 20.16.100 shall be hereby amended as follows: 20.16.100 Permits Required. (a) Subject to this chapter, the use made of property may not be substantially changed (see §20.40.070, Change in Use), and buildings or other substantial structures may not be constructed, erected, moved, or substantially altered except in accordance with and pursuant to one of the following permits: (1) A zoning permit Type I permit issued by the Community and Economic Development Director or his/her designee. (2) A special use Type II permit issued by the Community and Economic Development Director or his/her designee or Hearing Examiner (if a hearing is requested during the notice of application comment period). (3) A conditional use Type III permit issued by the Hearing Examiner. (4) An administrative conditional use permit issued by the Community and Economic Development Director or his/her designee. ORDINANCE NO. 2026-XXX 2 {OER4935-6266-0018;1/13217.000006/} (b) Type I, II and III permits Zoning permits, special use permits, conditional use permits, or administrative conditional use permits, are issued under this title only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this title if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in §20.16.350 (Effect of Permit on Successors or Assigns), all development shall occur strictly in accordance with such approved plans and applications. (c) Physical improvements to land to be subdivided may not be commenced except in accordance with a conditional use Type III permit issued by the Hearing Examiner for major subdivisions or in accordance with a zoning permit Type I permit issued by the Community and Economic Development Director for minor short subdivisions (see Part IV. Land Division Permits, of this chapter). (d) A zoning permit, special use permit, conditional use permit, administrative conditional use permit, project permit or sign permit shall be issued in the name of the applicant (except those applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority. §20.16.350 (Effect of Permit on Successors or Assigns). (e) If more than one permit type is required to be completed for a proposed project, then they shall be combined into a consolidated permit and be processed per the regulations of §20.16.160 (Consolidated Permit Review Process). Section 02. Arlington Municipal Code section 20.16.105 shall be hereby amended as follows: 20.16.105 Permits Exempt. (a) The city is allowed to exempt certain permit types in accordance with RCW 36.70B.140. The following types of permits are exempt from the provisions of RCW 3.70B.060 through *36.70B.090, 36.70B.110 through 36.70B.130, and the consolidated permit review procedures. However, other permitting processes are required and shall meet certain sections of Title 20 –Zoning and other Titles of the Arlington Municipal Code: (1) Comprehensive Plan Amendments and Rezones (2) Zoning Code Amendments (3) Annexations (4) Subarea Plans (5) Development Agreements (6) Design Review Board and Administrative Design Review (not concurrent with land use permit, but will still meet the minimum required permit processing time of 65 days) (7) Code Interpretation (8) Permit Extension Request ORDINANCE NO. 2026-XXX 3 {OER4935-6266-0018;1/13217.000006/} (9) Landmark designations (10) Flood Hazard Permit (11) Tree Removal Permit (12) Right-of-Way Closure Request (13) Street Vacations or Street Dedications (14) Right-of-Way, Grading, Paving, Drainage and Civil Construction Permits (15) Water/Sewer Availability and Utility Service (16) Residential Building Permit, Commercial Building Permit, Zoning Verification, Fire Safety Permit, Operating Permit, or Miscellaneous Building Permits (Demolition, Manufactured Home, Master Sign Permit, Sign Permit, Moving a Building Permit, Re- Roof Permit, Solar Permit, Temporary Operating Permit, Temporary Right-of-Way Use Permit) that are exempt from Environmental Review under AMC 20.98. (17) Existing Building Interior Alterations from are exempt from site plan review, provide that the interior alterations do not result in the following: 1. Additional sleeping quarters or bedrooms; or 2. Nonconformity with federal emergency management agency substantial improvement thresholds; or 3. Increase the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems. 4. Nothing in this section exempts interior alterations from otherwise applicable building, plumbing, mechanical, or electrical codes. 5. For purposes of this section, “interior alterations” include construction activities that do not modify the existing site layout or its current use and involve no exterior work adding to the building footprint. Section 03. Arlington Municipal Code section 20.16.110(a) shall be hereby amended as follows: 20.16.110 Who May Submit Permit Applications. (a) Applications for zoning, special use, conditional use, or administrative conditional use permits or subdivision plat approval project permits will be accepted only from persons having the legal authority to take action in accordance with the permit or the subdivision plat approval. By way of illustration, in general this means that applications should be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this title, or the agents of such persons (who may make application in the name of such owners, lessees, or contract vendees). ORDINANCE NO. 2026-XXX 4 {OER4935-6266-0018;1/13217.000006/} Section 04. Arlington Municipal Code section 20.16.130(c) shall be hereby amended as follows: 20.16.130 Staff Consultation Before Formal Application. (c) The Community and Economic Development Director may waive the requirement for a preapplication general information meeting for minor projects that, in his/her opinion, do not warrant such a meeting. Section 05. Arlington Municipal Code section 20.16.140(d) shall be hereby added as follows: 20.16.140 Submittal of Application (d) Project Permit fees shall be paid at the time of application as established in the most current fee resolution. The fees shall be as listed under Type I, II, or III Permit unless otherwise specified in the fee resolution. Section 06. Arlington Municipal Code section 20.16.160 shall be hereby amended as follows: 20.16.160 Consolidated Permit review Procedures. (a) Whenever a proposed project requires more than one permit, or multiple permits, by this Title, the entire application will be linked and processed simultaneously, using the consolidated permit review process, as described in Subsection (c) below, specified for the permit requiring the highest degree of review and decision-making. subject to the following: (1) In a consolidated review, the applications must be processed under the highest- numbered type of review represented among the consolidated permits. (b) If the applicant opts for individual processing, review of a project permit that depends on another project permit with a higher-numbered review type may be suspended until review of the latter permit is complete (b)(c) Where another agency with jurisdiction requires a public meeting or open record hearing as a part of their permitting process, any public meetings or open record hearings required by this Title shall be combined with those of the other agency with jurisdiction provided that the requirements of §20.24.014 (Combining Hearings With Those of Other Agencies) are met. (c)(d) The consolidated permit review process includes the following: (1) A consolidated permit project will be processed by a designated permit technician. (2) One consolidated determination of completeness shall be issued according to §20.16.205 of this chapter. (3) One consolidated notice of application shall be issued, when applicable for the permit type, according to §20.16.230 of this chapter. (4) One consolidated public hearing shall be set, when required for the permit type, according to §20.24 (Hearing and Pre-Hearing Procedures for Appeals and Applications). (5) One consolidated notice of final decision that includes all aspects of the project permit being reviewed through the consolidated permit review process, according to §20.16.215 of this chapter. ORDINANCE NO. 2026-XXX 5 {OER4935-6266-0018;1/13217.000006/} (d)(e) The following are the consolidated permit review categories and requirements for each type: (1) Permits that do not require public notice: (A) In order to receive a complete application, the developer shall submit all required submittal checklist items that are included in the application packet for the specific permit type. (B) This permit type does not require a notice of application. (C) The Community and Economic Development Director or his/her designee shall issue the final administrative decision. (D) The consolidated permit shall be processed in accordance with §20.16.270(a)(1) of this chapter. (E) The fees shall be those adopted by the city’s current fee schedule resolution adopted by city council for the permit types being processed. (F) An appeal of the administrative decision issued by the Community and Economic Development Department shall be processed in accordance with §20.20 (Appeals, Variances, Interpretations). (2) Permits that require public notice but not a public hearing: (A) In order to receive a complete application, the developer shall submit all required submittal checklist items that are included in the application packet for the specific permit type. (B) The city shall issue a notice of application in accordance with §20.16.230 of this chapter. (C) The Community and Economic Development Director or his/her designee shall issue the final administrative decision. (D) The consolidated permit shall be processed in accordance with §20.16.270(a)(2). (E) The fees shall be those adopted by the city’s current fee schedule resolution adopted by city council for the permit types being processed. (F) An appeal of the administrative decision issued by the Community and Economic Development Department shall be processed in accordance with §20.20 (Appeals, Variances, Interpretations). (G) The city encourages all developers and/or applicants to schedule a general information meeting or preapplication conference in accordance with §20.16.130 of this chapter. (H) The determination of consistency of the development project shall be made through one written permit decision that includes all regulations of the specific permit types. (I) One notice of decision shall be made meeting the requirements of §20.16.275 of this chapter. (3) Permits that require public notice and a public hearing: (A) In order to receive a complete application, the developer shall submit all required submittal checklist items that are included in the application packet for the specific permit type. (B) The city shall issue a notice of application in accordance with §20.16.230 of this chapter. (C) The Hearing Examiner shall issue the final decision after a public hearing is held. (D) The consolidated permit shall be processed in accordance with §20.16.270(a)(3). ORDINANCE NO. 2026-XXX 6 {OER4935-6266-0018;1/13217.000006/} (E) The fees shall be those adopted by the city’s current fee schedule resolution adopted by city council for the permit types being processed. (F) An appeal of the decision issued by the Hearing Examiner shall be processed in accordance with §20.20 (Appeals, Variances, Interpretations). (G) The city encourages all developers and/or applicants to schedule a general information meeting or preapplication conference in accordance with §20.16.130 of this chapter. (H) The determination of consistency of the development project shall be made through one written staff report and recommendation that includes all regulations of the specific permit types. (I) One notice of decision shall be made meeting the requirements of §20.16.275 of this chapter. Section 06. Arlington Municipal Code section 20.16.170 shall be hereby amended as follows: 20.16.170 Completing Developments in Phases. (a) If a development is constructed in phases or stages in accordance with this section, then, subject to Subsection (c), the provisions of §20.16.320 (No Occupancy, Use, or Sale of Lots Until Requirements Fulfilled) and §20.16.340 (Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special Use Type II or Conditional Use Type III Permits) shall apply to each phase as if it were the entire development. (b) As a prerequisite to taking advantage of the provisions of Subsection (a), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this title that will be satisfied with respect to each phase or stage. (c) If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that: (1) If the improvement is one required by this Title then the developer may utilize the provisions of §20.16.340(a) or §20.16.340(c), (2) If the improvement is an amenity not required by this title or is provided in response to a condition otherwise imposed by the board, then the developer may use the provisions of §20.16.340(b). Section 07. Arlington Municipal Code section 20.16.200(a) & (b) shall be hereby amended as follows: 20.16.200 Application to Be Complete. ORDINANCE NO. 2026-XXX 7 {OER4935-6266-0018;1/13217.000006/} (a) All applications for zoning, special use, conditional use, or administrative conditional use, project permits must be complete before the permit-issuing authority is required to consider the application. (b) Subject to Subsection (c), an application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this title, including a Land Use Application signed by both the applicant and the property owner. Generally, an application will be considered complete if it contains all the elements of the official submittal checklist made available by the Department for each permit list of submission requirements (prepared by the Community and Economic Development Director, as authorized in Subsection (e)) and they substantially meet the City’s standards for such documents (i.e., they contain all the relevant sections, information, and analyses typically required in such documents). This is not to say that errors in the documents or differences of opinion shall constitute incompleteness; such issues may be worked out through the review process or may constitute reasons for denial. Section 08. Arlington Municipal Code section 20.16.205(a) & (d) shall be hereby amended as follows: 20.16.205 Complete Application. (a) Upon receipt of a formal application for a zoning, special use, conditional use permit, administrative conditional use permit, or plat approval, the Community and Economic Development Director shall review the application and, at his/her discretion, confer with the applicant to ensure that the planning staff’s interpretation of the applicable requirements of this title is understood, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do. (d) A project permit application is complete for purposes of this section when it meets the procedural submission requirements of the city, as outlined on the project permit application checklist. Additional information may be undertaken subsequent to the procedural review of the application by the city. The determination of completeness shall not preclude the city from requesting Section 09. Arlington Municipal Code section 20.16.210(b) shall be hereby amended as follows: 20.16.210 Burden of Presenting Evidence: Burden of Persuasion. (b) Once a completed application has been submitted, the burden of presenting evidence to the permit issuing authority sufficient to lead it to conclude that the application should be denied for any reasons stated in §20.16.225 (Type II Permit Special Use Permits and Conditional Use Permits) shall be upon the party or parties urging this position, unless the information presented by the applicant in his application and at the public hearing is sufficient to justify a reasonable conclusion that a reason exists to so deny the application. ORDINANCE NO. 2026-XXX 8 {OER4935-6266-0018;1/13217.000006/} Section 10. Arlington Municipal Code section 20.16.215 shall be hereby amended as follows: 20.16.215 Distribution of Application. Upon receipt of a zoning, special use, conditional use, or administrative conditional use project permit application, the Planning Official shall, in addition to all interested City Departments, send a copy of the application to the authorities and agencies reviewing or furnishing water, fire, school, and sanitary sewer service to the proposed project. Section 11. Arlington Municipal Code section 20.16.220 shall hereby be repealed and re- enacted as follows: 20.16.220 Zoning and Administrative Conditional Use Permits. (a) A completed application form for a zoning or administrative conditional use permit shall be submitted to the Community and Economic Development Director by filing a copy of the application with the planning department. (b) The Community and Economic Development Director shall issue the zoning or administrative conditional use permit unless he or she finds, after reviewing the application and consulting with the applicant as provided in §20.16.130 (Staff Consultation Before Formal Application), that: (1) The requested permit is not within his jurisdiction according to the Table of Permissible Uses, or (2) The application is incomplete, or (3) If completed as proposed in the application, the development will not comply with one or more requirements of this title (not including those requirements concerning which a variance has been granted or those the applicant is not required to comply with under the circumstances specified in §20.32, Nonconforming Situations), or (4) The proposed project has not complied with SEPA, or (5) The proposed project is not in conformance with the Comprehensive Plan or other adopted plans, regulations, or policies. (c) In considering the permit application, the Community and Economic Development Director shall not consider the following issues, which have already been decided by the City Council through their previous actions of adopting the Comprehensive Plan and Land Use Code: (1) Whether the proposed use, if identified by §20.40 Permissible Uses as a permissible use in the zoning district, should be a permissible use; (2) Whether the proposed residential densities, if identified by §20.48 Density and Dimensional Regulations) as a permissible density in the zoning district, should be allowed; (3) Whether public facilities identified in the Comprehensive Plan are available and adequate, if the plan or development regulations provide for funding of these facilities as required by 36.70A RCW. (d) Except as specified in Subsection (b), if the Community and Economic Development Director decides that if it would be in the best interest of the project and/or community to provide notice of the project, he or she shall, at least ten days before taking final action on the permit request, send a written notice to those persons who have listed for taxation real ORDINANCE NO. 2026-XXX 9 {OER4935-6266-0018;1/13217.000006/} property any portion of which is within 500 feet of the lot that is the subject of the application, informing them that: (1) An application has been filed for a permit authorizing identified property to be used in a specified way, (2) All persons wishing to comment on the application should contact the Community and Economic Development Director by a certain date, and (3) Persons wishing to be informed of the outcome of the application should send a written request for such notification to the Community and Economic Development Director. (e) In the case of zoning permits for minor subdivisions, binding site plans, and unit lot subdivisions, the Community and Economic Development Director shall always issue public notice as described in Subsection (d). 20.16.220 Project Permits. (a) A completed application form for a project permit shall be submitted to the Community and Economic Development Director by filing a copy of the application with the planning department. (b) Type II Permits are made by the Community and Economic Development Director except that for a proposed commercial or industrial use, the Director shall forward the Type II application to the Hearing Examiner for decision when either of the following occurs: (1) Eligible request for hearing. A property owner of record of real property located within 250 feet of the exterior boundary of the subject site submits a written request for a hearing no later than the close of the Notice of Application comment period established under § 20.16.230 (Notice of Application). (A) The request must state the specific adverse effect(s) the requester claims will result from the proposal and must explain how the requester’s property may be adversely affected. (B) The request must include supporting documentation reasonably available to the requester (e.g., photos, maps, technical information, or other evidence) that substantiates the claimed adverse effect(s). (C) A request that does not allege an adverse effect, or that does not include a reasonable factual basis and supporting documentation, may be deemed insufficient and shall not require referral to the Hearing Examiner. (2) The Director determines, based on the application documents, that the proposed commercial or industrial use may cause an adverse effect warranting review by the Hearing Examiner, and refers to the application for hearing. (c) Subject to Subsection (d), the designated decision-maker identified in table 20.16.220-1 shall issue the requested permit unless it concludes, based upon the information submitted at a hearing, if there is a hearing, or by signed letter if there is not, that: (1) The requested permit is not within its jurisdiction according to the Table of Permissible Uses, or (2) The application is incomplete, or (3) If completed as proposed in the application, the development will not comply with one or more requirements of this Title (not including those the applicant is not required to comply with under the circumstances specified in §20.32, (Nonconforming Situations), or ORDINANCE NO. 2026-XXX 10 {OER4935-6266-0018;1/13217.000006/} (4) The proposed project has not complied with SEPA, or (5) The proposed project is not in conformance with the Comprehensive Plan, Transportation Plan, or other adopted plans, regulations, or policies. (d) Even if the permit-issuing authority finds that the application complies with all other provisions of this title, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not: (1) Will materially endanger the public health or safety, or (2) Will materially harm adjoining or abutting property, (3) In terms of design and use will not be compatible with the area in which it is located. (e) In considering the permit application, the Community and Economic Development Director or Hearing Examiner shall not consider the following issues, which have already been decided by the City Council through their previous actions of adopting the Comprehensive Plan and Land Use Code: (1) Whether the proposed use, if identified by §20.40. (Permissible Uses) as a permissible use in the zoning district, should be a permissible use; (2) Whether the proposed residential densities, if identified by §20.48. (Density and Dimensional Regulations) as a permissible density in the zoning district, should be allowed; (3) Whether public facilities identified in the Comprehensive Plan are available and adequate, if the plan or development regulations provide for funding of these facilities as required by 36.70A RCW. Section 12. Arlington Municipal Code section 20.16.225 shall hereby be repealed: 20.16.225 Special Use Permits and Conditional Use Permits. (c) An application for a special use permit shall be submitted to the Community and Economic Development Director or Hearing Examiner, whomever shall be the decision-maker as per subsection (b), by filing a copy of the application with the Community and Economic Development Director in the planning department. An application for a conditional use permit shall be submitted to the Hearing Examiner by filing a copy of the application with the Community and Economic Development Director in the planning department. (d) Decisions on special use permits are: (1) Made by the Community and Economic Development Director unless any interested party requests a hearing before the Hearing Examiner by the close of the review period of the Notice of Application Filed, required per §20.16.230 (Notice of Application Filed). (2) Made by the Hearing Examiner if a hearing is requested, in which case the Community and Economic Development Director shall forward the Special Use Permit application, along with a staff report and recommendation for their consideration. (e) Subject to Subsection (d), the designated decision-maker shall issue the requested permit unless it concludes, based upon the information submitted at a hearing if there is a hearing or by signed letter if there is not, that: (1) The requested permit is not within its jurisdiction according to the Table of Permissible Uses, or (2) The application is incomplete, or ORDINANCE NO. 2026-XXX 11 {OER4935-6266-0018;1/13217.000006/} (3) If completed as proposed in the application, the development will not comply with one or more requirements of this Title (not including those the applicant is not required to comply with under the circumstances specified in §20.32, (Nonconforming Situations), or (4) The proposed project has not complied with SEPA, or (5) The proposed project is not in conformance with the Comprehensive Plan, Transportation Plan, or other adopted plans, regulations, or policies. (f) Even if the permit-issuing authority finds that the application complies with all other provisions of this title, it may still deny the permit if it concludes, based upon the information submitted at the hearing, that if completed as proposed, the development, more probably than not: (1) Will materially endanger the public health or safety, or (2) Will materially harm adjoining or abutting property, (3) In terms of design and use will not be compatible with the area in which it is located. (g) In considering the permit application, the Community and Economic Development Director or Hearing Examiner shall not consider the following issues, which have already been decided by the City Council through their previous actions of adopting the Comprehensive Plan and Land Use Code: (1) Whether the proposed use, if identified by §20.40. (Permissible Uses) as a permissible use in the zoning district, should be a permissible use; (2) Whether the proposed residential densities, if identified by §20.48. (Density and Dimensional Regulations) as a permissible density in the zoning district, should be allowed; (3) Whether public facilities identified in the Comprehensive Plan are available and adequate, if the plan or development regulations provide for funding of these facilities as required by 36.70A RCW. Section 13. Arlington Municipal Code section 20.16.220-1 shall be hereby added as follows: Type I Director Decision Without Notice Type II Director Decision With Notice Type III Hearing Examiner Decision Type IV City Council Decision Project Permit Type1 Administrative Conditional Use Permit SEPA Determination Cottage Housing (100+ units) Rezone Adult Family Home Conversion Cottage Housing (30 to 99 units) Multi-Family (100+ units) Development Agreement Critical Areas Evaluation Multi-Family (30 to 99 units) Mixed Use (100+ units/ 30,000sf or more) Annexation Cottage Housing (29 or less units) Commercial/ Industrial Site Plan Review (30,000sf or more) Shoreline Conditional Use Permit Comprehensive Plan Amendment ORDINANCE NO. 2026-XXX 12 {OER4935-6266-0018;1/13217.000006/} Multi-Family (29 units or less) Mixed Use (30 to 99 units/ 30,000sf or more) Shoreline Variance Permit Zoning Code Amendment Commercial/ Industrial Site Plan Review (29,299sf or less) Forest Practice Battery Energy Storage System (Tier 3) Subarea Plan Mixed Use (19 units/29,999sf or less) Shoreline Substantial Development Preliminary Subdivision Master Sign Program Battery Energy Storage System (Tier 2) Preliminary Unit Lot Subdivision Design Review Binding Site Plan Critical Areas Variance Administrative Code Interpretation Preliminary Short Plat (9 or less) Critical Areas Reasonable Use Lot Consolidation Preliminary Short Unit Lot Subdivision (9 or less) Shoreline Exemption Critical Areas Protection Easement Grading, Paving, Drainage and/or Civil Construction Permits Boundary Line Adjustment 1 Permit types have been updated from Zoning, Special Use and Conditional Use to Permit Type I – IV. If Zoning, Special Use or Conditional Use is referred to in other Chapters of Title 20, refer back to this table for the new permit type. Section 14. Arlington Municipal Code section 20.16.230 shall be hereby amended as follows: 20.16.230 Notice of Application Filed. (a) The Community and Economic Development Director shall give public notice of any application filed for a land division permit, special or conditional use permit or a variance ORDINANCE NO. 2026-XXX 13 {OER4935-6266-0018;1/13217.000006/} Type II or Type III permit or other permits at the director’s discretion by issuing, distributing, and advertising a “Notice of Application” as follows: (1) Public Noticing Locations: Permit Type Mail Publish Post Type I Administrative Code Interpretation X1 Type II X X X Type III X X X Type IV Rezone X X X Development Agreement X Annexation X X X Zoning Code Amendment X X Subarea Plan X2 X X 1 Administrative Code Interpretations shall post only the final determination on the City’s website 2Only property owners located within the subarea shall receive a postcard. (1) (2) Notice shall be given to the appellant or applicant and any other person who makes a written request for such notice by mailing and/or emailing to such persons a written notice not later than fourteen days after the determination of complete application has been made per §20.16.205 (Complete Application). (2) (3) Notice shall be given to neighboring property owners by mailing a written “Notice of Application Filed” postcard within fourteen days after the determination of complete application has been made per §20.16.205 (Complete Application) to those persons who have listed for taxation real property any portion of which is located within five hundred two hundred and fifty feet of the lot that is the subject of the application or appeal or, where the owner of the subject parcel owns other contiguous lots not under application, within two hundred and fifty feet of all contiguously owned lots, at the directors discretion. (3) (4) A copy will be posted on the official notification boards of the City. (4) (5) A copy will be posted on the City’s website on the public notice page. (5) (6) A copy will be sent to appropriate city or county officials if the proposed project adjoins their jurisdiction or has potential impacts on their capital improvements or services. (6) (7)A copy will be sent to the State Department of Transportation if the proposed project is adjacent to the right-of-way of a state highway or has potential impacts on their facilities or Level of Service. (7) (8) A copy will be sent to all other agencies with jurisdiction. (8) (9) Notice shall be given to other potentially interested persons by publishing a notice one time in a newspaper having general circulation in the area. (9) (10) The city shall post public notice signs as soon as possible after the determination of complete application has been made per §20.16.205 (Complete Application) as follows: (A) A copy of the notice described in Subsection (B) shall be attached to each sign. ORDINANCE NO. 2026-XXX 14 {OER4935-6266-0018;1/13217.000006/} (B) One sign shall be erected on the subject property facing and readable from each accessible public right-of-way adjacent to the subject property. (10) (11) The notice required by this section shall provide the following information: (A) The date of application, the date of issuance of the “Notice of Complete Application,” and the date of issuance of the “Notice of Application.” (B) Any person’s right to request a hearing on the matter (if applicable), with an explanation that the decision is administrative (made by the Community and Economic Development Director) unless a hearing is requested as per §20.16.220(b) (Project Permits). (C) Reasonable identification of the lot that is the subject of the application or appeal (give the street address of the property, or if this is not available, a locational description in non-legal language); (D) A brief description of the action requested or proposed, including the number of lots proposed for a subdivision, and any proposed modifications or variances; (E) A list of all permits required in the application; (F) The name of the applicant and the proposed project; (G) The official file number and a statement of its availability for review, including any existing studies, environmental documents, or other material related to the project; (H) If applicable, a list of any studies requested; (I) A list of other permits required by other agencies with jurisdiction, to the extent known by the City; (J) A statement of the right of any person to submit written testimony to the appropriate permit-issuing authority and to appear at any public meeting or hearing on the project to give testimony orally; (K) The dates of the public comment period that include the first and last date and time by which public comment may be submitted; (L) A statement of the right of any person to receive notice of and participate in any hearings and request a copy of the decision once made; (M) An explanation of appeal rights and procedure; (N) The date, time, place and type of hearing if any hearing has been scheduled at the time; (O) A statement of any preliminary determination, if one has been made, of those development regulations that will be used for project mitigation and of consistency; and, (P) A statement announcing the City's goal of complying with the intent of the American Disabilities Act, announcing accessibility, offer of assistance to persons with special needs, and availability of TDD services. b. If the Responsible Official issues a Determination of Significance on the project concurrently with the notice of application, then the notice of application shall be combined with the Notice of Determination of Significance and EIS Scoping Notice. c. The public shall have fourteen days in which to make comments on the application regarding the completeness of the application, the quality or quantity of the information presented, the project’s conformance to applicable plans or code, and, in the case of a variance or Special Use Permit Type II permit, the request for a public hearing. Where a public hearing is required or requested, comments addressing the project’s conformance to applicable plans or code will continue to be accepted until the close of the public hearing. ORDINANCE NO. 2026-XXX 15 {OER4935-6266-0018;1/13217.000006/} Section 15. Arlington Municipal Code section 20.16.235 shall hereby be repealed. Section 16. Arlington Municipal Code section 20.16.240 shall be hereby amended as follows: 20.16.240 Time Limit for Resubmitting Additional Information. If while processing a permit the Community and Economic Development Director or hearing body requests additional information or revised plans necessary to continue processing the permit or for determining consistency with this Title, the applicant shall submit such information or revised plans within sixty (60) days of the request. To be considered a complete resubmittal, all requested documents shall be submitted. One extension or temporary suspension of this deadline may be granted for up to 60 days by the requesting authority if it is determined that the time is not adequate given the information requested, however this may result in an extension to the established time limits for permit processing per 20.16.270(d). The community and economic development department shall not issue more than one resubmittal extension, allowing the applicant a total of 120 days to submit the requested information or revised plans. If the city does not receive the requested information within the permit resubmittal or extension timeframe, then the project is considered void. If an extension is requested the applicant shall provide to the city in writing the reasons for the extension of the deadline. The extension request must be received a minimum of five (5) working days prior to the deadline. Section 17. Arlington Municipal Code section 20.16.245(a) shall be hereby amended as follows: 20.16.245 Recommendations on Special Use or Conditional Use Project Permit Applications. (a) When presented to the Community and Economic Development Director for an administrative decision or to the Hearing Examiner at a hearing, the application for a special use or conditional use project permit shall be accompanied by a report setting forth: Section 18. Arlington Municipal Code section 20.16.250 shall be hereby amended as follows: 20.16.250 Community and Economic Development Director or Hearing Examiner Action on Special Use Type II Permits. In considering whether to approve an application for a Special Use Type II permit, the Community and Economic Development Director or Hearing Examiner, whichever is the appropriate permit- issuing authority per §20.16.220(b), shall proceed in the same manner as the Hearing Examiner when considering conditional use Type III permit applications §20.16.255 (Hearing Examiner Action on Conditional Use Type III Permits). (a) The permit-issuing authority shall consider whether the application is complete. If the permit- issuing authority concludes that the application is incomplete and the applicant refuses to provide the necessary information, the application shall be denied. A finding to this effect shall specify either the particular type of information lacking or the particular requirement ORDINANCE NO. 2026-XXX 16 {OER4935-6266-0018;1/13217.000006/} with respect to which the application is incomplete. If a finding to this effect is not made this shall be taken as an affirmative finding by the permit-issuing authority that the application is complete. (b) The permit-issuing authority shall consider whether the application complies with all of the applicable requirements of this title. If a finding to this effect is made, the permit-issuing authority need not make further findings concerning such requirements. If such a finding is not made, then a finding shall be made that the application is not in compliance with one or more requirements of this title. Such a finding shall specify the particular requirements the application fails to meet. A separate finding may be made with respect to each requirement not met by the application. It shall be conclusively presumed that the application complies with all requirements not found by the permit-issuing authority to be unsatisfied through this process. As provided in §20.16.225 (Special Use Permits and Conditional Use Permits) 20.16.220 (Project Permits), if the permit-issuing authority concludes that the application fails to meet one or more of the requirements of this title, the application shall be denied. (c) In response to concerns expressed by the permit-issuing authority, planning staff, or public testimony, the applicant may modify his application during the hearing, and the planning staff may likewise revise its recommendations. If a project is modified in such a manner as to make the proposed use more intense, then the project shall be denied without prejudice and a new application shall be filed. The new application shall conform to the standards and procedures of this Title. (d) If the permit-issuing authority concludes that all such requirements are met, it shall issue the permit unless it makes a finding to deny the application for one or more of the reasons set forth in Subsection 20.16.225 (d)(Special Use Permits and Conditional Use Permits) 20.16.220 (Project Permits), If the application is denied for such reasons, the permit-issuing authority shall make specific findings, based upon the evidence submitted, justifying such a conclusion. Section 19. Arlington Municipal Code section 20.16.255 shall be hereby amended as follows: 20.16.255 Hearing Examiner Action on Conditional Use Type III Permits. (a) When presented to the Hearing Examiner, the application for a conditional use Type III permit shall be accompanied by a report setting forth the planning staff’s proposed findings concerning the application’s compliance with §20.16.200 (Applications To Be Complete) and other requirements of this title, as well as any staff recommendations for additional requirements to be imposed by the Hearing Examiner. (b) If the staff proposes a finding or conclusion that the application fails to comply with §20.16.200 (Applications To Be Complete) or any other requirement of this title, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions. (c) The Hearing Examiner shall consider the application and the attached staff report in a timely fashion and hear from the applicant or interested members of the public. (Notice to the adjoining property owners is provided for in §20.24.020 Public Notice.) The Hearing Examiner, at his discretion, may limit testimony in duration and/or number of times. ORDINANCE NO. 2026-XXX 17 {OER4935-6266-0018;1/13217.000006/} (d) In response to concerns expressed by the Hearing Examiner, planning staff, or public testimony, the applicant may modify his application during the hearing, and the planning staff may likewise revise its recommendations. If a project is modified in such a manner as to make the proposed use more intense, then the project shall be denied without prejudice and a new application shall be filed. The new application shall conform to the standards and procedures of this Title. (e) In considering whether to approve an application for a conditional use Type III permit, the Hearing Examiner shall proceed according to the following format: (1) The Hearing Examiner shall consider whether the application is complete. If no evidence is presented that the application is incomplete (specifying either the particular type of information lacking or the particular requirement with respect to which the application is incomplete) then this shall be taken as an affirmative finding by the Hearing Examiner that the application is complete. (2) The Hearing Examiner shall consider whether the application complies with all of the applicable requirements of this title. If a finding to this effect can be made, the Hearing Examiner need not make further findings concerning such requirements. If such a finding cannot be made, then a finding shall be made that the application be found not in compliance with one or more of the requirements of this title. Such a finding shall specify the particular requirements the application fails to meet. Separate findings may be made with respect to each requirement not met by the application. It shall be conclusively presumed that the application complies with all requirements not found by the Hearing Examiner to be unsatisfied through this process. (3) If the Hearing Examiner concludes that the application fails to comply with one or more requirements of this title, the application shall be denied. If the Hearing Examiner concludes that all such requirements are met, he shall issue the permit unless he denies the application for one or more of the reasons set forth in §20.16.225 (Special Use Permits and Conditional Use Permits) 20.16.220 (Project Permits). Specific findings for such a denial must be made, based upon the evidence submitted, justifying such a conclusion. Section 20. Arlington Municipal Code section 20.16.260 shall be hereby amended as follows: 20.16.260 Additional Requirements on Zoning, Special Use, Conditional Use, and Administrative Conditional Use Project Permits. (a) Subject to Subsection (b), in granting a zoning, special use, conditional use or administrative conditional use project permit, the Community and Economic Development Director or Hearing Examiner, respectively, may attach to the permit such reasonable requirements in addition to those specified in this title as will ensure that the development in its proposed location: (1) Will not endanger the public health or safety, (2) Will not materially harm adjoining or abutting property, (3) In terms of design and use will be compatible with the area in which it is located, and (4) Will be in conformity with the land-use plan, transportation plan, or other plan officially adopted by the council. ORDINANCE NO. 2026-XXX 18 {OER4935-6266-0018;1/13217.000006/} Such reasonable requirements need not be specifically authorized by other Chapters of the AMC but do need to address specifically identified, project-related impacts. (b) The permit-issuing authority may not attach additional conditions that modify or alter the specific requirements set forth in this code unless the development in question presents extraordinary circumstances that justify the variation from the specified requirements. (c) The Department shall incorporate the decisions and consider the recommendations of such other City departments and/or agencies (such as local tribes) in permits, approvals and recommendations issued pursuant to this Title. (d) (c) Without limiting the foregoing, the permit-issuing authority may attach to a permit a condition limiting the permit to a specified duration. (e) (d)All additional conditions or requirements shall be entered on the permit. (f) (e)All additional conditions or requirements authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this title. Section 21. Arlington Municipal Code section 20.16.265 shall be hereby amended as follows: 20.16.265 Fire Code Official Approval Prior to Issuance of Permits. No zoning, special use, or conditional use project permit shall receive final approval until the Fire Code Official has verified that the provisions of AMC Title 15 are satisfied. Section 22. Arlington Municipal Code section 20.16.270(a) & (d) shall be hereby amended as follows: 20.16.270 Time Limits for Permit Processing. (a) The city shall issue the notice of final decision on a permit application or permit type subject to this chapter within the following time periods: (1) A notice of final decision for zoning permits, conditional use permits, and boundary line adjustments Type I (permits that do not require public notice) shall be issued within 65 days of the determination of complete application. If a variance (requiring a public hearing) is required with these permit types, that requires public notice, then the final decision shall be issued within 100 days of the determination of complete application. (2) A notice of final decision for special use permits, SEPA only permits, variance, minor (nine lots or less) short plats/subdivisions, binding site plans and unit lot subdivisions Type II (permits that require public notice) shall be issued within 100 days of the determination of complete application. If a variance (requiring public hearing) is required or if a hearing is requested as part of the special use Type II permit process, then the permit final decision shall be issued within 170 days of the determination of complete application. (3) A notice of final decision for conditional use Type III permits, major (ten lots or more) plats/subdivisions, binding site plans, and unit lot subdivisions (permits that require public notice and public hearings) shall be issued within 170 days of the determination of complete application. (d) If, at any time, an applicant informs the city, in writing, that the applicant would like to request an extension or temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days after the city has notified the applicant, in writing, that additional information is required to further process the ORDINANCE NO. 2026-XXX 19 {OER4935-6266-0018;1/13217.000006/} application, an additional 30 days may be added to the time periods for the city to issue a final decision for each type of project permit that is subject to this chapter. Section 23. Arlington Municipal Code section 20.16.275(a) shall be hereby amended as follows: 20.16.275 Notice of final decisions. (a) Following the completion of any hearing, procedure, or administrative decision, the permit application shall be approved, approved with conditions, remanded, or denied and a written notice of decision shall be issued within five calendar days. The notice of decision shall include the final determination of approval or denial of the project, a statement of any threshold determination made under SEPA, and the procedure to appeal the notice of decision. (1) For Zoning Permits and Administrative Conditional Use Type I Permit applications, a published notice of decision is not required. However, a memorandum or completed project checklist shall be placed in the permit file containing findings describing how the application was consistent/inconsistent with applicable zoning regulations and development standards. (2) For Special Use and Conditional Use Type II and Type III Permit applications, a notice of decision shall be mailed or emailed to all parties of record, which shall include the applicant and each person who participated in the public hearing or who submitted comments during the public comment period at any time prior to the issuance of the decision. The notice of decision shall be posted on the city’s website under public notices. Section 24. Arlington Municipal Code section 20.16.280 shall be hereby amended as follows: 20.16.280 Expiration of Permits. (a) Zoning_(other than for preliminary plats), special use and conditional use(other than for preliminary major plats) Project Permits (other than preliminary plats and administrative conditional use permits), shall expire automatically if, within two years after the issuance of such permits: (1) The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use, or (2) Less than ten percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see §20.16.170, Completing Developments in Phases), this requirement shall apply only to the first phase. (b) Administrative Conditional Use Permit shall expire one year after the issuance of such permit. (c) Zoning permits Permits for preliminary minor plats or conditional use permits for major plats and short plats shall expire automatically if, within five years after the issuance of such permits: (1) The plat has not been submitted for final plat, or (2) A one-year extension has not been granted per Subsection (e). ORDINANCE NO. 2026-XXX 20 {OER4935-6266-0018;1/13217.000006/} (d) If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of §20.16.350 (Effect of Permit on Successors and Assigns). (e) For zoning, special use, and conditional use project permits other than for preliminary minor or major subdivisions and short subdivisions, the permit-issuing authority may extend for a period up to twelve months the date when a permit would otherwise expire pursuant to Subsections (a) or (b) if it concludes that: (i) the request was delivered in writing to the Community and Economic Development Department at least thirty (30) calendar days prior to the permit’s expiration date, (ii) the permit recipient has proceeded with due diligence and in good faith, and (iii) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to twelve months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit, though a fee may be set by resolution for the processing of extensions. (f) For permits for preliminary minor and major subdivisions and short subdivisions the permit- issuing authority may extend for a period of 1 year from the date when a permit would otherwise expire pursuant to Subsections (a) or (b) if it concludes that (i) the request was delivered in writing to the Planning Department at least thirty calendar days prior to the permit's expiration, (ii) the permit recipient has proceeded with due diligence and in good faith, and (iii) conditions have not changed so substantially as to warrant a new application. Successive extensions may not be granted. All such extensions may be granted without resort to the formal processes and fees required for a new permit, though a fee may be set by resolution for the processing of extensions. Once a permit for a minor or major subdivision or short subdivision expires the subdivision may not be finaled and/or recorded. (g) For purposes of this section, the permit within the jurisdiction of the Hearing Examiner is issued when he decides to approve the application and issue the permit. A permit within the jurisdiction of the Community and Economic Development Director is issued when the earlier of the following takes place: (1) A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is hand-delivered, mailed, or emailed to the permit applicant; or (2) The Community and Economic Development Director notifies the permit applicant that the application has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions. (h) Notwithstanding any of the provisions of §20.32 (Nonconforming Situations), this section shall be applicable to permits issued prior to the date this section becomes effective. Section 25. Arlington Municipal Code section 20.16.300(a) shall be hereby amended as follows: 20.16.300 Reconsideration of permit-issuing authority's action (a) Except as pursuant to Subsection (b), whenever (i) the Hearing Examiner disapproves a conditional use Type III permit application, or (ii) the Community and Economic Development ORDINANCE NO. 2026-XXX 21 {OER4935-6266-0018;1/13217.000006/} Director or Hearing Examiner disapproves an application for a special use Type II permit or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the respective permit-issuing authority at a later time unless the applicant clearly demonstrates that: Section 26. Arlington Municipal Code section 20.16.310(b) shall be hereby amended as follows: 20.16.310 - Appeal of permits and final plats (b) The action of the hearing examiner in granting or denying a special use or conditional use Type II or Type III permit may be reviewed for unlawful, arbitrary, capricious, or corrupt action to Snohomish County Superior Court. The petition for review must be filed within twenty-one calendar days of the notice of final decision issued by the city (see §20.24 Appeals). Section 27. Arlington Municipal Code section 20.16.320 shall be hereby amended as follows: 20.16.320 - No occupancy, use, or sale of lots until requirements fulfilled Issuance of a conditional use, special use, zoning permit, or administrative conditional use project permit authorizes the recipient to commence the activity resulting in a change in use of the land or (subject to obtaining a building permit) to commence work designed to construct, erect, move, or substantially alter buildings or other substantial structures or to make necessary improvements to a subdivision. However, except as provided in §20.16.330 (Authorizing Use or Occupancy Before Completion of Development Under Zoning Type I Permit), §20.16.340 (Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special Use or Conditional Use Permits Type II or Type III Permits), and §20.16.170 (Completing Developments in Phases), the intended use may not be commenced, no building may be occupied, and in the case of subdivisions, no lots may be sold until all of the requirements of this title and all additional requirements imposed pursuant to the issuance of a conditional use, special use, zoning, or administrative conditional use project permit have been complied with. Section 28. Arlington Municipal Code section 20.16.330 shall be hereby amended as follows: 20.16.330 Authorizing Use or Occupancy Before Completion of Development Under Zoning Type I Permit. In cases when, because of weather conditions or other factors beyond the control of the zoning Type I permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning Type I permit recipient to comply with all of the requirements of this title prior to commencing the intended use of the property or occupying any buildings, the Community and Economic Development Director may authorize the commencement of the intended use or the occupancy of buildings (insofar as the requirements of this title are concerned) if the permit recipient provides a performance bond or other security satisfactory to the Community and Economic Development Director to ensure that all of the requirements of this title will be fulfilled ORDINANCE NO. 2026-XXX 22 {OER4935-6266-0018;1/13217.000006/} within a reasonable period (not to exceed twelve months) determined by the Community and Economic Development Director. Section 29. Arlington Municipal Code section 20.16.340 shall be hereby amended as follows: 20.16.340 Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special Use or Conditional Use Type II or Type III Permits. (a) In cases when, because of weather conditions or other factors beyond the control of the special use or conditional use Type II or Type III permit recipient (exclusive of financial hardship) it would be extremely unreasonable to require the permit recipient to comply with all of the requirements of this title before commencing the intended use of the property or occupying any buildings or selling lots in a subdivision, the Community and Economic Development Director, in consultation with the Public Works Director and building official, may authorize the commencement of the intended use or the occupancy of buildings or the sale of subdivision lots (but, in the case of subdivisions, not before the subdivision is finaled and recorded) (insofar as the requirements of this title are concerned) if the permit recipient provides a performance bond or other security satisfactory to the board issuing authority to ensure that all of these requirements will be fulfilled within a reasonable period (not to exceed twelve months). (b) When the permit issuing authority imposes additional requirements upon the permit recipient in accordance with §20.16.260 (Additional Requirements on Zoning, Special Use, and Conditional Use Permits Project Permits) or when the developer proposes in the plans submitted to install amenities beyond those required by this title, the Community and Economic Development Director, in consultation with the Public Works Director and building official, may authorize the permittee to commence the intended use of the property or to occupy any building or to sell any subdivision lots before the additional requirements are fulfilled or the amenities installed (but, in the case of subdivisions, not before the subdivision is finaled and recorded) if it specifies a date by which or a schedule according to which such requirements must be met or each amenity installed and if it concludes that compliance will be ensured as the result of any one or more of the following: (1) A performance bond or other security satisfactory to the Community and Economic Development Director is furnished, (2) A condition is imposed establishing an automatic expiration date on the permit, thereby ensuring that the permit recipient’s compliance will be reviewed when application for renewal is made, (3) The nature of the requirements or amenities is such that sufficient assurance of compliance is given by §20.28.040 (Penalties and Remedies for Violations) and §20.28.050 (Permit Revocation). (c) With respect to subdivisions in which the developer is selling only undeveloped lots, the Community and Economic Development Department may authorize final plat approval and the sale of lots before all the requirements of this title are fulfilled if the subdivide provides a performance bond or other security satisfactory to the Community and Economic Development Director and/or Public Works Director to ensure that all of these requirements will be fulfilled within not more than twelve months after final plat approval. ORDINANCE NO. 2026-XXX 23 {OER4935-6266-0018;1/13217.000006/} Section 30. Arlington Municipal Code section 20.16.350(a) shall be hereby amended as follows: 20.16.350 - Effect of permit on successors and assigns. (a) Zoning, special use, and conditional use Project permits, unless otherwise specified, authorize the permittee to make use of land and structures in a particular way. Such permits are transferable. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then: Section 31. Arlington Municipal Code section 20.16.360 shall be hereby amended as follows: 20.16.360 Effect of Approval of Zoning or Conditional Use Type I or Type III Permits for Minor or Major Preliminary Subdivisions. (a) The approval of a zoning Type I permit for a preliminary minor short subdivision or a conditional use Type II permit for a preliminary major subdivision constitutes approval of the general concept and layout of the plat and verifies that the proposal is feasible as approved. Approval of a permit for a preliminary subdivision does not signify acceptance of engineering details of the plat. These engineering details remain subject to approval by the Community and Economic Development Director. (b) Once engineering details and specific design have been approved by the Community and Economic Development Director, the owner may obtain necessary permits and construct right- of-way, easement, and utility improvements approved in the permit for the preliminary subdivision. Section 31. Arlington Municipal Code section 20.16.370(d) & (g) shall be hereby amended as follows: 20.16.370 - Amendments to and modifications of permits. (d) All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Hearing Examiner or Community and Economic Development Director, new conditions may be imposed in accordance with §20.16.260 (Additional Requirements on Zoning, Special Use, and Conditional UseProject Permits), but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit. (g) Insignificant Design Deviations and Minor Amendments shall adhere to the original expiration date. Major amendments shall receive a new expiration date based off the date of decision for the major amendment. Section 32. Arlington Municipal Code section 20.16.380 shall be hereby amended as follows: 20.16.380 - Maintenance of common areas, improvements, and facilities. The recipient of any zoning, special use, or conditional use project permit, or his successor, shall be responsible for maintaining all common areas, improvements, or facilities required by this article or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the ORDINANCE NO. 2026-XXX 24 {OER4935-6266-0018;1/13217.000006/} appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed. Section 33. Arlington Municipal Code section 20.16.400 shall be hereby amended as follows: 20.16.400 Regulation of Major, Minor Subdivisions and Unit Lot Subdivisions. Major and minor subdivisions Subdivisions and Short Subdivisions are subject to a two-step approval process. Physical improvements to the land to be subdivided are authorized by a conditional use permit Type III or Type I zoning permit, respectively as provided in Part I through Part III of §20.16 (Permits and Land Division Approval) of this article, and sale of lots is permitted after final plat approval as provided in §20.16.425 (Final Major and Minor Subdivision Approval Process). Section 34. Arlington Municipal Code section 20.16.405 shall be hereby amended as follows: 20.16.405 Applicability. The provisions of this section apply to each major and minor subdivision of land, or alteration or vacation thereof, applied for after the effective date of this Title except as listed below: (a) This section does not apply to cemeteries and other burial plots while used for that purpose. (b) This section does not apply to divisions of lands into lots or tracts each of which is one one- hundred twenty-eighths of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land. For purposes of computing the size of any lot under this paragraph, for a lot that borders on a street or road, the lot size shall be expanded to include that area which would be bordered by the centerline of a road or street and the side lot lines of the lot running perpendicular to such centerline. (c) This section does not apply to divisions made by testamentary provisions or by the laws of descent. (d) This section does not apply to boundary line adjustments or lot consolidations. (e) This section does not apply to lot splits. Section 35. Arlington Municipal Code section 20.16.410 shall be hereby amended as follows: (a) Except as exempted by §20.16.405 (Applicability), no person may subdivide his land except in accordance with all of the provisions of this Title. In particular, no person may subdivide his land unless and until a final plat of the subdivision has been approved in accordance with the provisions of §20.16.425 (Final Minor and Major Subdivision Approval Process) and recorded in the Snohomish County Registry. ORDINANCE NO. 2026-XXX 25 {OER4935-6266-0018;1/13217.000006/} Section 36. Arlington Municipal Code section 20.16.415 shall be hereby amended as follows: 20.16.415 Restrictions on Minor Short Subdivisions. A lot that is created by a minor short subdivision shall not be further divided by minor short subdivision for a period of five years following the date of recordation of the last minor short subdivision of the property. Any further subdivision proposed within said five-year period must be processed as a major subdivision, except as provided in RCW 58.17.060 as amended. Section 37. Arlington Municipal Code section 20.16.425 shall be hereby amended as follows: 20.16.425 Final Major and Minor Subdivision Approval Process. (a) The Community and Economic Development Director shall approve or disapprove final subdivisions (plat) and final minor short subdivisions (short plat) in accordance with the provisions of this section and per RCW 58.17. (b) The applicant for final subdivision plat approval, before complying with Subsection (c), shall submit the following to the Community and Economic Development Director for a determination of whether the approval process authorized by this section can be and should be utilized: (1) The required number of draft copies, as set by administrative policy, of the information required by Subsections (c) and (d). (2) Mathematical lot closures showing error of closures not to exceed 0.005 times the square root of “n”, where “n” = number of sides and/or curves of a lot. (3) A certification from a Professional Land Surveyor, licensed in the State of Washington, as to the survey data, layout of streets, alleys, and other rights-of-way. A licensed engineer acting on behalf of the City shall approve bridges, sewage, water systems, and other structures together with the information provided by the Professional Land Surveyor. (4) A complete survey of the section or sections in which the plat is located, or as much thereof as may be necessary to properly orient the plat within the section or sections. A computer printout showing closures of the section or subdivision breakdown (if any), plat boundary, road centerlines, lots and tracts. The maximum allowable error of closure shall be .02 feet in any such closure. (5) A title company certification which is not more than thirty calendar days old containing: (A) A legal description of the total parcel sought to be subdivided; and (B) A list of those individuals, corporations, or other entities holding an ownership interest in the parcel; and (C) Any easements or restrictions affecting the property with a description, purpose and reference by auditors file number and/or recording number; and (D) Any encumbrances on the property; and (E) Any delinquent taxes or assessments on the property. (6) An approved subdivision name reservation form from the Snohomish County Auditor’s Office. (7) If lands are to be dedicated or conveyed to the City as part of the subdivision, an American Land Title Association title policy may be required. (8) The Community and Economic Development Director may require the applicant to submit whatever other information is necessary to make this determination, including, but not ORDINANCE NO. 2026-XXX 26 {OER4935-6266-0018;1/13217.000006/} limited to, a copy of the tax map showing the land being subdivided and all lots previously subdivided from that tract of land within the previous five years. (9) No final major or minor subdivision or short subdivision may be submitted until the applicant has supplied the City with a copy of the signed as-builts and approved water & sewer bills of sale. (c) Once the Community and Economic Development Director is satisfied that Subsection (b) is met, the applicant for subdivision plat approval shall submit to the Community and Economic Development Director a final plat, drawn in waterproof ink on a sheet made of material that will be acceptable to the Snohomish County Auditor’s Office for recording purposes, and having dimensions as follows: (1) Major subdivisions Subdivisions: 18” x 24”. (2) Short subdivisions: 18” x 24”. When more than one sheet is required to include the entire subdivision, all sheets shall be made of the same size and shall show appropriate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale of the plat shall be at: (1) Major subdivisions Subdivisions: one (1) inch equals not more than fifty feet, unless approved otherwise by the Community and Economic Development Director. (2) Minor Short subdivisions: one (1) inch equals not more than fifty feet unless approved otherwise by the Community and Economic Development Director. (d) In addition to the appropriate endorsements, as provided in §20.16.445 (Endorsements on Final Subdivisions and Binding Site Plans), the final plat shall contain the following information: (1) The name of the subdivision, which name shall not duplicate the name of any existing subdivision as recorded in the Snohomish County Registry, (2) The name and notarized signatures of the subdivision owner or owners, (3) The location by Quarter Section/ Section/Township/ Range and/or by other legal description, the county, and state where the subdivision is located, (4) The name, registration number, and seal of the Professional Land Surveyor responsible for preparation of the plat, and a certification on the plat by said surveyor to the effect that (i) it is a true and correct representation of the land actually surveyed by him/under his supervision; (ii) that the exterior plat boundary, and all interior lot corners have been set on the applicant's property by him/under his supervision using appropriate permanent materials, with a field traverse with a linear closure of one to ten thousand and corresponding angular closure as specified in W.A.C. 332.130.070 and 332.130.090; and, (iii) that all street centerline monuments (points of intersection, points of curve, points of tangency, etc.) within the plat and all intersections with existing street centerlines have been monumented with concrete monuments in case or other permanent material approved by the City. (5) The scale according to which the plat is drawn in feet per inch or scale ratio in words or figures and bar graph. The drawing shall be of legible scale and shall include the north arrow and basis of bearings. Unless otherwise approved by the Community and Economic Development Director, the scale of the final plat will be at one inch equals fifty feet in order that all distances, bearings, and other data can be clearly shown. (6) A boundary survey prepared by a Professional Land Surveyor, licensed in the State of Washington, shall be shown on the proposed plat and shall reference the plat to the Washington Coordinate System, North Zone (North American Datum, 1983, unless otherwise approved by the Department of Community and Economic Development) with a physical description of such corners. When the necessary G.P.S. points exist within one- ORDINANCE NO. 2026-XXX 27 {OER4935-6266-0018;1/13217.000006/} half mile of the subject property they shall be located on the plat and used as primary reference datum. (7) The boundary lines of the plat, based on an accurate traverse, with angular and linear dimensions. (8) The exact location, width, number or name of all rights-of-way and easements within and adjoining the plat and a clear statement as to whether each is to be dedicated or held in private ownership. (9) The true courses and distances to the nearest established right-of-way lines or official monuments that will accurately locate the plat. (10) Curved boundaries and centerlines shall be defined by giving radii, internal angles, points of curvature, tangent bearings, and lengths of all arcs. (11) All lot and block numbers and lines, with accurate dimensions in feet and hundredths of feet, and bearings to one second of arc. Blocks in numbered additions to subdivisions bearing the same name must be numbered consecutively through the several additions. (12) Accurate locations of all monuments at such locations as required by the Community and Economic Development Director. (13) All plat meander lines or reference lines along bodies of water, which shall be established above, but not farther than twenty (20) feet from the high waterline of the water or within a reasonable distance, to ensure reestablishment. (14) Accurate outlines and dimensions of any areas to be dedicated or reserved for public use, with purposes indicated thereon and in the dedication; and/or any area to be reserved by deed covenant for common uses of all property owners. (15) A full and correct legal description of the property. (16) All permanent restrictions and conditions on the lots or tracts or other areas in the plat required by the City. (17) Any additional pertinent information required at the discretion of the Community and Economic Development Director or Public Works Director. (18) An endorsement to be signed, prior to recordation, by the proper officer in charge of tax collections, certifying that all taxes and delinquent assessments have been paid, satisfied, or discharged. (19) The following declaration: “All conditions of the preliminary (minor) plat, embodied within the Form of Decision (recorded with the Snohomish County Assessor/which is attached hereto as Exhibit), shall remain conditions of construction of the public improvement. (e) Not more than 9 lots, including the existing lot, may be created out of one tract using the minor short subdivision plat approval process within any five-year period measured from the date of the recording of the last minor short plat on the property. (f) No final major or minor subdivision or short subdivision may be recorded until the applicant has supplied the City a copy of the Final Plat and “as-built” construction plans in number and hard and electronic format acceptable to the Community and Economic Development Director. (g) The Community and Economic Development Director and Public Works Director shall approve the proposed final major subdivision unless they find that the plat or the proposed subdivision fails to comply with one or more of the requirements of this Title or that the final plat differs substantially from the plans, specifications, or conditions of approval approved in conjunction with the permit that authorized the development of the subdivision. ORDINANCE NO. 2026-XXX 28 {OER4935-6266-0018;1/13217.000006/} (h) If the final plat is disapproved, the applicant shall be furnished with a written statement of the reasons for the disapproval. (i) All final plat approvals are subject to being recorded with the Snohomish County Auditor by the applicant. The applicant is required to submit the final plat documents with all required notarized and official signatures to the city for review and signature within thirty (30) days of final plat approval. Once the city has signed the final plat documents the applicant is required to record the final plat documents with the Snohomish County Auditor within thirty (30) days of the date signed by the city. A conformed copy of the recorded documents shall be returned to the City of Arlington. If the final plat documents are not recorded and a conformed copy is not returned to the city within this time period, the city may expire the final plat decision. Section 38. Arlington Municipal Code section 20.16.430 shall be hereby amended as follows: 20.16.430 Alteration of Recorded Final Major or Minor Subdivisions. (a) A recorded major or minor final plat may be altered, including the reconfiguration of any element graphically portrayed on a recorded final plat or the alteration of conditions, restrictions, easements, or other textual materials on the plat or with a recorded final plat. However, any change where an additional lot(s) is proposed shall not be considered a plat alteration and shall be processed as a new plat or minor short plat. (b) The plat alteration provisions do not apply to corrections to recorded final plats or revisions to lot boundaries authorized pursuant to the boundary line adjustment provisions of §20.16.440 (Boundary Line Adjustments), (c) In addition to the application requirements of §20.16.200 (Applications To Be Complete), an application for a plat alteration shall contain: (1) The signatures of a majority of those persons having an ownership interest in lots, tracts, parcels, sites, or divisions in the plat or portion to be altered. (2) A certificate of title showing the names of all persons who would be affected by the proposed alteration, as well as any easements or other encumbrances on the property subject to the proposed alteration. (3) If the alteration proposes to change the recorded plat, a drawing prepared at the same scale as the recorded plat shall be submitted showing the details of the proposed alteration. (4) If the alteration proposes a change to restrictions, conditions, or easements of a textual nature not depicted on the plat, a clearly written textual revision shall be submitted. (5) A written statement of why the alteration is being requested and how the public interest would be served by its approval shall be submitted. (d) Applications for plat alterations shall be processed in the same manner as Special Use Type II Permits, as specified in §20.16.225 (Special Use Permits and Conditional Use Permits) 20.16.220 (Project Permits), including the noticing requirement; except that notices shall also be provided to each property owner within the plat. (e) The decision-making authority may approve a major or minor plat alteration if the application is found to be consistent with all applicable regulations. (f) If testimony is presented and it is found that the proposed plat alteration would violate any restrictive covenants of the plat, the decision-making authority may deny the request unless ORDINANCE NO. 2026-XXX 29 {OER4935-6266-0018;1/13217.000006/} such covenants are legally terminated or altered so as to accomplish the purpose of the alteration of the plat or portion thereof. (g) Upon approval of a plat alteration the applicant shall produce a revised drawing and any other documents required to show the authorized changes to the final plat. The revised final plat shall bear the seal of a registered professional land surveyor, shall include the contents of a final plat, and shall be processed and recorded in the same manner as set forth for final plats. All persons with an ownership or security interest in the property to be altered must sign the altered plat prior to recording. (h) Altered plats shall change, alter, or supersede the original plat only in the specific ways approved and set forth in the recorded documents. Section 39. The Heading of Arlington Municipal Code section 20.16.435 shall be hereby amended as follows: 20.16.435 Major and Minor Binding Site Plans. Section 40. Arlington Municipal Code section 20.16.436 shall be hereby added as follows: 20.16.436 Administrative Lot Splitting. (a) Intent. To provide a process through which an applicant can seek review and approval of an administrative lot split, to create new middle housing, as defined by RCW 36.70A.030, or single-family housing. (b) Applicability. The provisions of this section apply to administrative lot splits located within a residential zone per, RCW 58.17.145, applied for after the effective date of this Title. (c) Standards. Administrative Lot Splits are subject to the following standards: (1) No more than one newly created lot is created through the administrative lot split; (2) Both the parent lot and the newly created lot meet the minimum lot size allowed under applicable development regulations; (3) The parent lot was not created through the splitting of a residential lot authorized by this section; (4) The parent lot is located within a residential zone; (5) If the lot split would require demolition or alteration of any existing housing that would displace a renter, the applicant must recommend a displacement mitigation strategy that may include, but is not limited to, relocation assistance; (6) An approved water and sewer availability certificate has been issued by the applicable water and sewer purveyors; (7) Access and utility easements have been granted or conveyed as necessary on the lot split survey to provide access for the maximum number of dwelling units that could be developed on the newly created lot, provided such access rights may be reduced consistent with a city’s adopted codes, regulations or design standards as applicable ORDINANCE NO. 2026-XXX 30 {OER4935-6266-0018;1/13217.000006/} through review of a subsequent application for building permits or land division if less than the maximum number of dwelling units are built on the newly created lot; (8) The parent lot and newly created lot must both be considered buildable lots and not be over incombered by critical areas, stormwater detention, setback, impervious surface areas or lot coverage standards; (9) The parent lot and newly created lot meet the required lots sizes for the zone; (10) The parent lot and newly created lot meet the density requirements for the zone; (11) The Community and Economic Development Director determines that the application follows all applicable development regulations; and (12) The lot split survey has been approved by the Community and Economic Development Director. (d) Process Submission Requirements. An application for Administrative Lot Splits are made by submitting the following to the Community and Economic Development Director: (1) Administrative Lot Split Application; (2) A survey of the subject property for recording (including all necessary information as provided in this section); (3) A current title report (no older than 30 days); and (4) The appropriate processing fee as set by resolution. (e) Conditions of Approval. (1) A proposed lot split may be conditioned upon dedication of right-of-way on the parent lot to the extent otherwise required for development by Title 20; (2) Development of dwelling units on the newly created lot may be conditioned upon construction of frontage improvements to right-of-way adjacent to either the parent lot or the newly created lot to the extent otherwise required for development by Title 20; (3) A condition shall be placed on the face of the survey to record that further lot splits of the parent lot and newly created lot are not authorized by this section; and (4) Administrative Design Review to be reviewed with the Building Permit. Section 40. Arlington Municipal Code section 20.16.440 shall be hereby amended as follows: 20.16.440 Boundary Line Adjustments and Lot Consolidations. (a) Minor lot line adjustments and lot consolidations are exempt from the subdivision regulations. Minor lot line adjustments to existing legal lots and consolidation of existing legal lots are permitted when no new lots, tracts, or parcels are created through the process, and the adjusted lots either meet all zoning requirements of this Title, or, in the case where any of the existing legal lots are non-conforming, the adjustment would not create a greater non-conformity. (b) Boundary lines may not be adjusted or consolidated which will result in directional changes in the orientation of the lot(s), tract(s), parcel(s), or building site(s), such as the changing of front yards into side yards or vice versa; or when the adjustment or consolidation will result in the City being unable to provide adequate utilities. (c) Application for a Boundary Line Adjustment is and Lot Consolidations are made by submitting to the Community and Economic Development Director a Permit Application, all items listed on the official checklist form made available by the Department a Standards Affidavit of Boundary Line Adjustment, a survey of the subject property, a current title report (no older than 30 days), and the appropriate processing fee as set by resolution. ORDINANCE NO. 2026-XXX 31 {OER4935-6266-0018;1/13217.000006/} (d) Said survey for a boundary line adjustment A survey must be conducted by or under the supervision of a registered state-licensed land surveyor. The surveyor shall certify on the boundary line adjustment survey map that it is a true and correct representation of the lands actually surveyed in accordance with City and State law. The survey must indicate that all lot corners are found and staked; show existing and proposed lot lines and all encroachment(s), buildings, and setbacks from property lines; and provide the legal descriptions of the lots being adjusted before and after the boundary line adjustment or consolidation. (e) When the applicant has complied with all of the requirements of this Section and State law and the Community and Economic Development Director has signed the boundary line adjustment or lot consolidation, then the record of survey and the original affidavit of ownership shall be filed with the Snohomish County Auditor in accordance with RCW Chapter 58.09. The applicant is required to submit the boundary line adjustment or lot consolidation documents with all required notarized and official signatures to the city for review and signature within thirty (30) days of the boundary line adjustment approval. Once the city has signed the boundary line adjustment or lot consolidation documents the applicant is required to record the documents with the Snohomish County Auditor within thirty (30) days of the date signed by the city. A conformed copy of the recorded documents shall be returned to the City of Arlington. If the boundary line adjustment documents are not recorded and a conformed copy is not returned to the city within this time period, the city may expire the boundary line adjustment or lot consolidation decision. Section 41. Arlington Municipal Code section 20.16.445 subsections (a) through (e) shall be hereby amended as follows (with no changes to the endorsements following subsection (e): 20.16.445 Endorsements on Major and Minor Final Subdivisions and Short Subdivisions. (a) All final subdivision, unit lot subdivisions, binding site plans, and boundary line adjustments shall contain signature endorsements on the cover page of the document. (b) Final major subdivision, unit lot subdivision, and binding site plans shall use endorsements (1) through (7) below. (c) Final minor subdivisions, unit lot subdivisions, and binding site plans shall use endorsements (1), (2) and (4) through (7) below. (d) (c) Boundary Line Adjustments shall use endorsements (1) and (4) through (7) below. (e) (d) Owner(s) and Surveyor signatures shall be notarized. If there are multiple owners, then additional owner signature lines shall be added, and all names notarized. Section 42. Arlington Municipal Code section 20.16.460(a) shall be hereby amended as follows: 20.16.460 - Maintenance of dedicated areas until acceptance. (a) Whenever (pursuant to §20.16.340, Authorizing Use, Occupancy, or Sale Before Completion of Development Under Special Use or Conditional Use Type II or Type III Permits) occupancy, use or sale is allowed before the completion of all facilities or improvements intended for dedication, and a performance bond or the surety is posted pursuant to §20.16.320, then the applicant shall also post a maintenance bond or other sufficient surety pursuant to Part IX of §20.12 to guarantee that any defects in such improvements or facilities that appear within two years after the dedication of such facilities or improvements is accepted shall be corrected by the developer. ORDINANCE NO. 2026-XXX 32 {OER4935-6266-0018;1/13217.000006/} Section 43. 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 44. 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 ______ day of _____________________, 2026. CITY OF ARLINGTON ____________________________________ Don E. Vanney, Mayor ATTEST: ___________________________________ Raelynn Jones, City Clerk APPROVED AS TO FORM: ___________________________________ Oskar Rey, City Attorney City of Arlington Council Agenda Bill WS # 4 Attachment COUNCIL MEETING DATE: June 8, 2026 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.40 Permissible Uses ATTACHMENTS: Ordinance, Code Amendment Overview, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Ameresia Lawlis, Associate Planner EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: requirements and reflect changes in state and local regulations. The amendment renames permit type references to align with the updated Type I–IV permit structure and thresholds in AMC 20.16 and clarifies requirements where some ambiguity existed. The amendment also revised allowable uses in specific zones as required by new state regulations. Duplexes are proposed to be allowed in RULC per new state law (RCW 36.70A.635 “Trade Businesses” were added to the Permissible Use table and allowed in Industrial zones, and Daycare Centers are updated to be allowed in all zones except Industrial per new Senate Bill (SB5509). As directed by City Council, an exclusion was also added for Data Centers. HISTORY: and Economic Development Department needed to update the section to be in line with House Bill 1110 and Engrossed Substitute Senate Bill 5509. During the revision process, additional edits were identified such as Permit types and the exclusion of data centers from the permissible uses. ALTERNATIVES: Remand to staff for additional information move to approve the ordinance amending AMC Chapter 20.40 and authorize the Mayor to sign the Page 1 of 3 New or Renamed Table of Contents Code Sections: • AMC 20.40.030 Community and Economic Development Director Jurisdiction over uses otherwise Permissible with a Zoning Permit. o Renaming for consistency with new naming conventions (Zoning to Type I) New Language Sections: • AMC 20.40.040 Permissible Uses and speci�ic exclusions o Addition of Data Centers to the exclusions list • AMC 20.40.090 More speci�ic use controls o New language explaining that a subarea plan shall supersede any listed uses within this chapter. • 20.40.120 – Residential Zones Permissible Use Table o Addition of duplex allowance within RULC per state requirements. • AMC 20.40.130 – Commercial and Mixed-Use Zones Permissible Use Table o Addition of Day Care Centers to be allowed within all commercial zones per state requirements. • AMC 20.40.140 – Industrial Zones Permissible Use Table o Addition of Trade businesses with of�ice and storage of vehicles onsite to be allowed within the industrial zones. • AMC 20.40.150 – Special Zones Permissible Use Table o Addition of Day Care Centers to be allowed within all commercial zones per state requirements. Updated Language Sections: • AMC 20.40.020 Permit Type designations in permissible use tables o Renaming for consistency with new naming conventions (i.e. “Project Permit”, “Type I - III Permits” and “Short Subdivision” o Change of thresholds for permit types – Based on building size rather than property size and increased threshold for residential units per permit type. o Clari�ication of language and requirements. • AMC 20.40.030 Community and economic development director jurisdiction over uses otherwise permissible with a zoning permit o Renaming for consistency with new naming conventions (i.e. “Project Permit” and “Type I - III Permits”). • AMC 20.40.040 Permissible uses and speci�ic exclusions o Update of language regarding mobile food vendors for consistency along other Titles. AMC Chapter 20.40 – PERMISSIBLE USES Zoning Code Amendment Overview Summary - Ameresia Lawlis, Associate Planner Page 2 of 3 • AMC 20.40.050 Accessory uses o Update of language regarding mobile food vendors for consistency along other Titles. • AMC 20.40.060 Permissible uses not requiring land use permits o Simpli�ication of language to “Project Permit” rather than listing all permit types. • AMC 20.40.070 Change in use o Clari�ication of submittal requirements • AMC 20.40.080 Combination uses o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.40.110 – Tables of Permissible Uses Key o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • 20.40.120 – Residential Zones Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Removal of Land Divisions as they are not a “use” o Additional of duplex allowance within RULC per state requirements • 20.40.120 – Residential Zones Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.40.130 – Commercial and Mixed-Use Zones Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Renaming of Multi-Family Garden Apartments to Multi-Family Courtyard Apartment for consistency with Middle Housing regulations. o Update to naming of mobile food vendors for consistency along other Titles. • AMC 20.40.140 – Industrial Zones Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Update to naming of mobile food vendors for consistency along other Titles. • AMC 20.40.150 – Special Zones Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.40.160 – Public / Semi-Public Zone Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Update to naming of mobile food vendors for consistency along other Titles. Page 3 of 3 Removed Language Sections: • 20.40.120 – Residential Zones Permissible Use Table o Removal of Land Divisions as they are not a “use” • AMC 20.40.130 – Commercial and Mixed-Use Zones Permissible Use Table o Removal of Land Divisions as they are not a “use” • AMC 20.40.140 – Industrial Zones Permissible Use Table o Removal of Land Divisions as they are not a “use” • AMC 20.40.150 – Special Zones Permissible Use Table o Removal of Land Divisions as they are not a “use” • AMC 20.40.160 – Public / Semi-Public Zone Permissible Use Table o Removal of Land Divisions as they are not a “use” • RCW 36.70A.635 - Minimum residential density • ESB5509 – Child Care Centers - Zoning Washington State Legislation or Other Requirements Staff Report & Recommendation AMC Chapter 20.40 Zoning Code Amendment – PJ25-0042 Page 1 of 4 PLANNING COMMISSION STAFF REPORT & RECOMMENDATION To: Planning Commission From: Ameresia Lawlis, Associate Planner Meeting Date: June 8, 2026 Date Prepared: May 26, 2026 Regarding: 2026 AMC Chapter 20.40 Zoning Code Amendment – PJ25-0042 A. INTRODUCTION The AMC Chapter 20.40 Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the general provisions chapter. Included with this staff report is the proposed code amendments. GENERAL INFORMATION Applicant: City of Arlington Project Description: 2026 AMC Chapter 20.40 Zoning Code Amendment Requested Action: Approval of Ordinance B. DETAILED PROJECT INFORMATION The 2026 AMC Chapter 20.40 Zoning Code Amendment involves revisions including updates to clarify requirements and reflect changes in state and local regulations. The amendment renames permit type references to align with the updated Type I–IV permit structure and thresholds in AMC 20.16 and clarifies requirements where some ambiguity existed. The amendment also revised allowable uses in specific zones as required by new state regulations. Duplexes are proposed to be allowed in RULC per new state law (RCW 36.70A.635 “Trade Businesses” were added to the Permissible Use table and allowed in Industrial zones, and Daycare Centers are updated to be allowed in all zones except Industrial per new Senate Bill (SB5509). Per the request of City Council, Data Centers were added to the list of exclusions. Planning Division th Staff Report & Recommendation AMC Chapter 20.40 Zoning Code Amendment – PJ25-0042 Page 2 of 4 C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE: Type of Determination Issue Date Distribution and Public Notice SEPA Determination on Non-Significance (DNS) 4/22/2026 City Public Notice Website Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Publish Date – 4/23/2026 Comment Period – 4/23/2026 to 5/6/2026 Public comments received during the public comment period. Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT: Public Notice and Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations Workshop: 5/5/2026 Meeting: 5/19/2026 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for Expedited Review – 2/19/2026 Deadline for 60-Day Review – 4/20/2026 Planning Commission Public Hearing 5/19/2026 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 4/23/2026 City Council Public Meeting Presentations Workshop: 6/8/2026 Meeting: 6/15/2026 City Council Agenda Online City Council Email Distribution List Agency Comments: Comment Summary Date Received City Response No comments received to date. Not applicable Staff Report & Recommendation AMC Chapter 20.40 Zoning Code Amendment – PJ25-0042 Page 3 of 4 3. COMPREHENSIVE PLAN COMPLIANCE: Goal or Policy Goal Description Summary LU-2 Ensure equitable access to City resources and programs through proactive and transparent outreach efforts, completed on multiple platforms, and where appropriate, in multiple languages. LU-2.1 Regularly review existing development regulations to remove requirements that unnecessarily hinder the development process. H-1.5 Review and continue to streamline development standards and regulations to reduce barriers to development, provide flexibility and minimize additional costs to housing. 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. has followed the provision of Chapter 20.96 by being processed through the 2026 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 2026 Final Docket through Resolution 2025-009. 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 March 31, 2026 for 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 May 19, 2026. Planning Commission Meeting. The public noticing is described under Section 2 above. Regulation Meets Staff Report & Recommendation AMC Chapter 20.40 Zoning Code Amendment – PJ25-0042 Page 4 of 4 20.96.130 Planning Commission Review of 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 Workshop; discussion only. At the June 15, 2026, City Council Meeting, the recommended motion will be “I move to approve the ordinance amending AMC Chapter 20.40 and authorize the Mayor to sign the ordinance”. City of Arlington Community & Economic Development Planning Commission 18204 59th Avenue NE - Arlington, WA, 98223 - 360-403-3551 – www.arlingtonwa.gov FINDING OF FACTS City of Arlington Planning Commission Drew Bono, Chair FINDING OF FACTS 360.403.3551 REGARDING: PJ25-0042 AMC CHAPTER 20.040 Zoning Code Amendment • The Chapter 20.040 Zoning Code Amendment is a city-initiated amendment to the Arlington Municipal Code that includes updates to the general provisions chapter. SUMMARY: This proposed amendment involves revisions to: New or Renamed Table of Contents Code Sections: • AMC 20.40.030 Community and Economic Development Director Jurisdiction over uses otherwise Permissible with a Zoning Permit. o Renaming for consistency with new naming conventions (Zoning to Type I) New Language Sections: • AMC 20.40.090 More specific use controls o New language explaining that a subarea plan shall supersede any listed uses within this chapter. • 20.40.120 – Residential Zones Permissible Use Table o Addition of duplex allowance within RULC per state requirements. • AMC 20.40.130 – Commercial and Mixed-Use Zones Permissible Use Table o Addition of Day Care Centers to be allowed within all commercial zones per state requirements. • AMC 20.40.140 – Industrial Zones Permissible Use Table o Addition of Trade businesses with office and storage of vehicles onsite to be allowed within the industrial zones. • AMC 20.40.150 – Special Zones Permissible Use Table o Addition of Day Care Centers to be allowed within all commercial zones per state requirements. Updated Language Sections: • AMC 20.40.020 Permit Type designations in permissible use tables o Renaming for consistency with new naming conventions (i.e. “Project Permit”, “Type I - III Permits” and “Short Subdivision” o Change of thresholds for permit types – Based on building size rather than property size and increased threshold for residential units per permit type. o Clarification of language and requirements. • AMC 20.40.030 Community and economic development director jurisdiction over uses otherwise permissible with a zoning permit o Renaming for consistency with new naming conventions (i.e. “Project Permit” and “Type I - III Permits”). • AMC 20.40.040 Permissible uses and specific exclusions o Update of language regarding mobile food vendors for consistency along other Titles. - 2 - • AMC 20.40.050 Accessory uses o Update of language regarding mobile food vendors for consistency along other Titles. • AMC 20.40.060 Permissible uses not requiring land use permits o Simplification of language to “Project Permit” rather than listing all permit types. • AMC 20.40.070 Change in use o Clarification of submittal requirements • AMC 20.40.080 Combination uses o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.40.110 – Tables of Permissible Uses Key o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • 20.40.120 – Residential Zones Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Removal of Land Divisions as they are not a “use” o Additional of duplex allowance within RULC per state requirements • 20.40.120 – Residential Zones Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.40.130 – Commercial and Mixed-Use Zones Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Renaming of Multi-Family Garden Apartments to Multi-Family Courtyard Apartment for consistency with Middle Housing regulations. o Update to naming of mobile food vendors for consistency along other Titles. • AMC 20.40.140 – Industrial Zones Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Update to naming of mobile food vendors for consistency along other Titles. • AMC 20.40.150 – Special Zones Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.40.160 – Public / Semi-Public Zone Permissible Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Update to naming of mobile food vendors for consistency along other Titles. Removed Language Sections: • 20.40.120 – Residential Zones Permissible Use Table o Removal of Land Divisions as they are not a “use” • AMC 20.40.130 – Commercial and Mixed-Use Zones Permissible Use Table o Removal of Land Divisions as they are not a “use” • AMC 20.40.140 – Industrial Zones Permissible Use Table o Removal of Land Divisions as they are not a “use” • AMC 20.40.150 – Special Zones Permissible Use Table o Removal of Land Divisions as they are not a “use” • AMC 20.40.160 – Public / Semi-Public Zone Permissible Use Table o Removal of Land Divisions as they are not a “use” o Removal of definitions not utilized within this chapter. FINDINGS: - 3 - SEPA Compliance: The SEPA Determination of Non-Significance was issued on April 22nd, 2026. Distribution of Public Notice included publishing in The Herald, online via the City Public Notice Website, email notification to review agencies, physical posting at City Hall and Arlington Library. No public comments were received, and no adverse impacts were identified during the review process. Public Notification/Involvement: 1. Department of Commerce: Sent for review on February 19, 2026. Deadline for review: April 20, 2026. 2. Planning Commission Workshop Presentation on: May 5th, 2026. Distribution and Public Notices were posted on the Planning Commission Agenda Online and emails were distributed to those on the Planning Commission Email Distribution list. No public comments were received. 3. Planning Commission Public Hearing Overview on: May 19th, 2026. Distribution and Public Notice was done via the City Public Notice website, the Planning Commission Agenda Online and emails sent to those on the Planning Commission Email Distribution List. Notice of Public Hearing on this item also included publishing in The Herald. No public comments were received. 4. City Council Workshop on: June 8, 2026. Distribution and Public Notice will be posted on the City Council Agenda Online and emails will be sent to those on the City Council Email Distribution List. 5. City Council Meeting on: June 15th, 2026. Distribution and Public Notice will be posted on the City Council Agenda Online and emails will be sent to those on the City Council Email Distribution List. 6. The Planning Commission finds that the public notification and involvement process met all applicable requirements and provided adequate opportunity for public input. Washington State Legislation or Other Requirements: • RCW 36.70A.635 - Minimum residential density • ESB5509 – Child Care Centers - Zoning Purpose and Intent of Amendment: The proposed amendments involve revisions including updates to clarify requirements and reflect changes in state and local regulations. The amendment renames permit type references to align with the updated Type I–IV permit structure and thresholds in AMC 20.16 and clarifies requirements where some ambiguity existed. The amendment also revised allowable uses in specific zones as required by new state regulations. Duplexes are proposed to be allowed in RULC per new state law (RCW 36.70A.635 “Trade Businesses” were added to the Permissible Use table and allowed in Industrial zones, and Daycare Centers are updated to be allowed in all zones except Industrial per new Senate Bill (SB5509). Comprehensive Plan Compliance: These amendments comply with the following City of Arlington Comprehensive Plan Policies: LU-2, LU-2.1, H-1.5. The Planning Commission finds that the proposed amendments are consistent with and support the goals and policies of the Comprehensive Plan. Compliance with AMC Chapter 20.96, Amendments. Amendment complies with; 20.96.010(a), 20.96.100 (a), 20.96.110, 20.96.120 (a) and (c), 20.96.130 and 20.96.140 (1) and (2). CONCLUSION AND RECOMMENDATION: The Planning Commission finds that the proposed amendments further public interest by ensuring the Arlington - 4 - municipal code and permissible uses remain current, clear, and consistent with state regulations. Based on the foregoing findings and a unanimous vote, the Planning Commission hereby recommends that the City Council approve the proposed amendment to AMC CHAPTER 20.040 Zoning Code Amendment, PJ25-0042. Respectfully submitted through the Department of Community and Economic Development to the City Council This 27th day of May 2026. __________________________________ Drew Bono Arlington City Planning Commission, Chair ORDINANCE NO. 2026-XXX 1 } ORDINANCE NO. 2026-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.40 OF THE ARLINGTON MUNICIPAL CODE REGARDING PERMISSIBLE USES UNDER CITY PLANNING NO. PJ25-0042 WHEREAS, the city has proposed an update to the Permissible Uses regulations to the City zoning code; and WHEREAS, the Arlington Planning Commission considered the revisions on May 5, 2026, and at a public hearing conducted on May 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 June 8, 2026, a meeting on June 15, 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 01. Arlington Municipal Code section 20.40.020 shall be hereby amended as follows: 20.40.020 – Permit Type designations in permissible use tables. (a) Subject to Section 20.40.030 (community and economic development director jurisdiction over uses otherwise permissible with a zoning Type I permit), when used in connection with a particular use in the table of permissible uses (Section 20.40.010), the letter "P" means that the use is permissible with a valid city business license. The letters "ZV" mean that the use is permissible with a zoning verification approval. The letters ACUP mean that the use is permissible with an administrative conditional use permit. The letter number "ZI" means that the use is permissible in the indicated zone with a zoning Type I permit issued by the community and economic development director. The letter number "SII" means a special use Type II permit must be obtained from the community and economic development director or hearing examiner, and the letter number "IIIC" means a conditional use Type III permit must be obtained from the hearing examiner. ORDINANCE NO. 2026-XXX 2 } (b) When used in connection with residential uses the designation "ZSC I/II/III" means that such developments of less than twenty thirty dwelling units must be pursuant to a zoning Type I permit, developments of twenty thirty or more but less than fifty one hundred dwelling units need a special use Type II permit, and developments of fifty one hundred or more dwelling units require a conditional use Type III permit. (c) When used in connection with nonresidential uses, the designation "ZS I/II" or "ZC I/III" means that such developments require a zoning Type I permit if the total area to be developed square footage of the proposed building(s) is less than four acres in size 30,000sf , and a special Type II or conditional use Type III permit, respectively, if the total area is four acres square footage of the building(s) is 30,000sf or largerin area. The area to be developed shall be measured using a rectangular perimeter enclosing the full extent of the on-site development, including any development that may be necessary to meet the requirements of this title included within the square footage shall include the primary building as well as any proposed accessory structures. If development occurs in succession over time, then a special Type II or conditional use Type III permit shall be required at the point when the entire developed or developing area development surpasses four acres 30,000sf of building area. (d) Use of the designation ZSC I/II/III for combination uses is explained in Section 20.40.080 (Combination Uses). Section 02. Arlington Municipal Code section 20.40.030 shall be hereby amended as follows: 20.40.030 – Community and economic development director jurisdiction over uses otherwise permissible with a zoning Type I permit. Notwithstanding any other provisions of this chapter, whenever the Tables of Permissible Uses (interpreted in the light of Section 20.40.020 (Use of the Designations Z I, II S, III C in Tables of Permissible Uses) and the other provisions of this chapter) provides that a use in a nonresidential zone or a nonconforming use in a residential zone is permissible with a zoning Type I permit, a special use Type II permit shall nevertheless be required if the community and economic 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 and economic 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 zoning district in question. Section 03. Arlington Municipal Code section 20.40.040(c) shall be hereby amended as follows: 20.40.040 – Permissible uses and specific exclusions. (c) Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts: ORDINANCE NO. 2026-XXX 3 } (1) Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the city's fire prevention code. (2) RV Parks (3) Outdoor Storage unless permitted per 20.44. (4) Stand Alone Private Parking Lot (5) Cannabis Collective Gardens (6) Cannabis Dispensaries (7) Lattice Towers (8) Off-Premises Signs (9) Mini-Storage and Storage Units (10) Stockyards, slaughterhouses, rendering plants. (11) Use of a travel trailer, motor home, or other recreational vehicle as a permanent residence. (Temporary residence is permitted under certain conditions pursuant to Section 20.44.044, Recreational Vehicles as Temporary Dwelling Units). (12) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. This prohibition does not apply to temporary public services, such as bookmobiles, blood donation centers, public service information, or mobile sales and delivery mobile food vendors. (Situations that do not comply with this subsection on the effective date of this title are required to conform within thirty days.) (13) The following activities, including any similar activities, are prohibited as home occupations in all zones: marijuana production, marijuana processing, and marijuana retail. (14) Data Centers. A Data Center is prohibited for the following or similar uses, colocation facilities, crypto mining data centers, hyperscale data centers, edge data centers, cloud data centers, enterprise data centers, and AI data centers. A Main Distribution Facility (MDF) or Intermediate Distribution Facility (IDF) needed to serve the operations of a single business are allowed as an accessory use of the allowed business within a room(s) of the primary structure. Section 04. Arlington Municipal Code section 20.40.050(e) shall be hereby amended as follows: 20.40.050 – Accessory uses. (e) Without limiting the generality of subsections (a) and (b), so long as they satisfy the general criteria set forth above, are specifically regarded as accessory for non-residential principal uses: (1) Incidental retail sale of items that are manufactured, produced, processed, or assembled within the same building and/or on the same parcel as the non-retail principal use. (2) Mobile sales and delivery mobile food vendors. ORDINANCE NO. 2026-XXX 4 } (3) Office for and within an industrial/manufacturing business within the Light Industrial and General Industrial zones. (4) Religious assembly. (5) Storage, shipping, or moving container that is utilized by the principal use on the same property. (6) Daycare, for employees of the principal use, where allowed by the Table of Permissible Uses or as part of an educational or religious building. Section 05. Arlington Municipal Code section 20.40.060 shall be hereby amended as follows: 20.40.060 – Permissible uses not requiring land use permits. Notwithstanding any other provisions of this title, no zoning, special use, or conditional use project permit is necessary for the following uses: (1) Electric power, telephone, telegraph, cable television, gas, water, sewer, and storm lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way. (2) Neighborhood, but not regional, utility facilities located within a public right-of-way with the permission of the owner (state or city) of the right-of-way. Section 06. Arlington Municipal Code section 20.40.070 shall be hereby amended as follows: 20.40.070 - Change in use. (a) A substantial change in use of property occurs whenever a new use or activity conducted on a lot creates a more intensive impact to the site in question or to the infrastructure of the city than the previous use, as determined by the community and economic development director and/or his or her designee. (b) A mere change in the status of property from occupied to unoccupied or vice versa does not constitute a substantial change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied unless the property has remained unoccupied for more than one hundred eighty consecutive days or has been abandoned. (c) A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a substantial change in use. (d) A substantial change to the use of a building or property is required to submit a change of use application as well as all items listed on the official checklist and may require additional permitting on the property, such as site, landscaping or building design improvements to bring the current building or property up to current code requirements. (e) A change in use may require additional vehicle parking spaces, electric vehicle parking spaces, accessible parking spaces, exterior building design compliance, bicycle parking spaces, bicycle racks, pedestrian crosswalks, and/or pedestrian access points to streets and buildings. ORDINANCE NO. 2026-XXX 5 } (f) Change of use permit requirements are listed in Chapter 20.44 Supplemental Use Regulations. Section 07. Arlington Municipal Code section 20.40.080 shall be hereby amended as follows: 20.40.080 - Combination uses. (a) When a combination use comprises two or more principal uses that require different types of permits (zoning, special use, or conditional use Type I, Type II or Type III), then the permit authorizing the combination use shall be: (1) A conditional use Type III permit if any of the principal uses combined requires a conditional use Type III permit. (2) A special use Type II permit if any of the principal uses combined requires a special use Type II permit but none requires a conditional use Type III permit. (3) A zoning Type I permit in all other cases. Section 08. Arlington Municipal Code section 20.40.090 shall be hereby amended as follows: (a) Whenever a development could fall within more than one use classification in the tables of permissible uses the classification that most closely and most specifically describes the development controls. (b) Whenever a subarea has been established, the development standards for the specified subarea shall supersede the permissible uses listed within this chapter. Section 09. Arlington Municipal Code section 20.40.110 shall be hereby amended as follows: 20.40.110 – Tables of Permissible Uses Key Tables of Permissible Uses Key P = Permitted with Business License Z/S I/II = Zoning Type I or Special Use Type II Permit ZV = Zoning Verification Z/C I/III = Zoning Type I or Conditional Use Type III Permi ZI = Zoning Type I Permit Z/S/C I/II/III = Zoning Type I, Special Use Type II or Conditional Use T pe III Permi SII = Special Use Type II Permit ACUP = Administrative Conditional Use Permit CIII = Conditional Use Type III Permit Number = Footnote Condition Section 10. Arlington Municipal Code section 20.40.120 shall be hereby amended as follows: 20.40.120 – Residential Zones Permissible Use Table RESIDENTIAL USE DESCRIPTIONS ZONES RULC RLC RMOD RMC RHC OTR 1 ORDINANCE NO. 2026-XXX 6 } Cultural, Social, or Fraternal Uses Art Gallery 2 SII SII SII SII SII Library 2 SII SII SII SII SII Educational Commercial Nursery Schools; Day Care Centers P P P P P P Elementary and Secondary Schools CIII CIII CIII CIII CIII CIII Environmental Critical Area Uses (AMC 20.93) ZI ZI ZI ZI ZI ZI Land Clearing and Logging 3 ZI ZI ZI ZI ZI ZI Institutional Residence, Care or Confinement Facilities Institutions (other than Halfway Houses) for Confined Mentally Ill Persons 4 SII SII SII SII SII SII Nursing Care Institutions, Intermediate Care Institutions, Handicapped or Infirm Institutions, Childcare Institutions 4 SII SII SII SII SII SII Land Division Boundary Line Adjustments Z Z Z Z Z Z Master Planned Neighborhood Developments 5 Permissible only in MPN Overlay Subdivision Major C C C C C C Subdivision Minor Z Z Z Z Z Z Unit Lot Subdivision Major 6 C 7 C C C C Unit Lot Subdivision Minor6 Z 7 Z Z Z Z Motor Vehicle-Related Sales and Service Operations Electric Vehicle Infrastructure (Residential Use) 8 ZV ZV ZV ZV ZV ZV Public and Semi-Public Facilities Cemetery Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Civil Defense Operation Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Fire Stations CIII CIII CIII CIII CIII CIII Police Stations CIII CIII CIII CIII CIII CIII Rescue Squad, Ambulance Service CIII CIII CIII CIII CIII CIII Special Events 9 P P P P P P Temporary Mobile or Modular Structures for Public Services (Mobile Classrooms, Civic Services, Public Health Centers, Emergency Response Centers, etc.) 10 ACUP ACUP ACUP ACUP ACUP ACUP ORDINANCE NO. 2026-XXX 7 } RESIDENTIAL USE DESCRIPTIONS ZONES RULC RLC RMOD RMC RHC OTR 1 Recreation, Amusement, or Entertainmen Outdoor Recreation: Athletic Fields, Tennis Courts, Swimming Pools, Miniature Golf Courses, Water Slides, Skateboard Parks, Parks, Swimming Pools, Driving Range, Golf Course, Par 3 Golf Course, and Similar Uses CIII4 CIII4 CIII4 CIII CIII CIII Reli ious Religious Assembly – Accessory ZV ZV ZV ZV ZV ZV Religious Assembly – Principle Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Residential Accessory Dwelling Unit 11 ZV ZV ZV ZV ZV ZV Co-Living Housing 12 ZV ZV ZV ZV Cottage Housing 13 ZV ZV ZV Duplex ZV ZV ZV ZV ZV ZV Manufactured or Mobile Home 14, 15 ZV ZV Manufactured or Mobile Home Park 14, 15 Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Multi-Family Apartments Z/S/C I/II/III Z/S/C I/II/III Multi-Family Fourplex ZV ZV ZV ZV Multi-Family Garden Courtyard Apartments Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Multi-Family Rowhouses Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Multi-Family Townhouses ZV ZV ZV ZV Multi-Family Triplex ZV ZV ZV ZV Single-Family Residence, Detached ZV ZV ZV ZV Residential Homes Emphasizin Special Services, Treatment, or Supervision 17 Adult Family Homes (6 or fewer adults) 16 ZI ZI ZI ZI ZI ZI Emergency Housing ZI -ZV ZI -ZV ZI -ZV ZI -ZV ZI -ZV ZI -ZV Halfway Houses Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Homes for Handicapped or Infirm ZI -ZV ZI -ZV ZI -ZV ZI -ZV ZI -ZV ZI -ZV In-Home Child Day Care ZV ZV ZV ZV ZV ZV Nursing Care, Intermediate Care Homes ZI ZI ZI ZI ZI ZI Permanent Supportive Housing ZI -ZV ZI -ZV ZI -ZV ZI -ZV ZI -ZV ZI -ZV Special Needs Childcare Homes ZV ZV ZV ZV ZV ZV Transitional Housing ZI -ZV ZI -ZV ZI -ZV ZI -ZV ZI -ZV ZI -ZV ORDINANCE NO. 2026-XXX 8 } Residential Rooms for Rent Rooming Houses, Boarding Houses ZI ZI ZI ZI ZI ZI Tourist Homes and Temporary Residences ZV ZV ZV ZV ZV ZV RESIDENTIAL USE DESCRIPTIONS ZONES RULC RLC RMOD RMC RHC OTR 1 Retail Trade Home Occupation 18 P P P P P P Utility Facilities Alternative Energy System 8 Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Electrical Community or Regional Facility CIII CIII CIII CIII CIII CIII Electrical Neighborhood Facility ZI ZI ZI ZI ZI ZI Public Utilities ZI ZI ZI ZI ZI ZI Franchise Utilities ZI ZI ZI ZI ZI ZI Wireless Communication Facilities 19 Commercial Macro Facilities ZI ZI ZI Commercial Micro Facilities ZI ZI ZI ZI ZI ZI Commercial Mini Facilities ZI ZI ZI Non-Commercial Towers and Antennas 50 feet tall or less ZI ZI ZI ZI ZI ZI Non-Commercial Towers and Antennas more than 50 feet tall and Receive-Only Earth Stations SII SII SII SII SII SII Miscellaneous Combination Uses Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Footnotes of the Table of Residential Permissible Uses 1 Subject to the Old Town Residential Design Standards 2 A Zoning Type I Permit is required if this use is located within a building designed and previously legally occupied as a residence. A Special Use Type II Permit is required if the use is located within any permissible building. 3 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land Conversion 4 Subject to Section 20.38.080 – Performance Standards and Miscellaneous Restrictions 5 Subject to Section 20.44.032 – Subarea Plans. 6 Subject to Section 20.44.020 – Unit Lot Subdivisions 7 Unit Lot Subdivision for Duplex Lots Only. 8 Subject to Chapter 20.114 – Alternative Energy Systems 9 Subject to Chapter 5.44 – Parades, Athletic Events and other Special Events 10 Subject to Section 20.44.048 – Temporary Public Structures. No permit is required for an emergency that includes a natural disaster, emergency response for a specific event, or emergency situation based on a State of Emergency.11 Subject to Section 20.44.042 – Accessory Dwelling Units ORDINANCE NO. 2026-XXX 9 } 12 Subject to Section 20.44.050 – Co-Living Housing 13 Subject to Section 20.44 Part IV – Cottage Housing 14 Subject to Section 20.44.060 – Minimum Parcel Sizes for Class A, B, or C Mobile Home 15 Subject to Section 20.44.062 – Mobile Home Parks 16 Subject to Section 20.44.068 – Adult Family Homes 17 Subject to Section 20.44.070 – Homes Emphasizing Special Services, Treatment, or Supervision (ZI-ZV = ZI: new structure or ZV: within an existing structure and Z/SI/II = ZI: within an existing structure or SII new structure) 18 Subject to Section 20.44.082 – Home Occupations 19 Subject to Section 20.44.034 – Wireless Communications Facilities Section 11. Arlington Municipal Code section 20.40.130 shall be hereby amended as follows: 20.40.130 – Commercial and Mixed-Use Zones Permissible Use Table COMMERCIAL AND MIXED USE USE DESCRIPTIONS ZONES NC 1 OTBD-1 OTBD-2 OTBD-3 GC 1, 3, 4 CC 2 HC 1, 3, 4 Cultural, Social, or Fraternal Uses Art Gallery or Center Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Library Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Museum Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Social, Fraternal Clubs and Lodges, Union Halls, and Similar Uses Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Educational Commercial Nursery Schools; Day Care Centers P P P P P P P Colleges, Universities, Community Colleges Z/S I/II Z/S I/II Z/S I/II Commercial Nursery Schools; Day Care Centers Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Trade or Vocational Schools Z/S I/II5 Z/S I/II Z/S I/II Z/S I/II Z/S I/II Environmental Critical Area Uses (AMC 20.93) ZI ZI ZI ZI ZI ZI ZI Land Clearing and Logging 6 ZI ZI ZI ZI ZI ZI ZI Industry, Manufacturing, Processing, Repairing, Renovating, Assembly of Goods, Merchandise or Equipment All Operations Conducted Entirely Within Fully Enclosed Building and Primarily Consists of Business Done with Walk-In Trade Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Institutional Residence, Care or Confinement Facilities Hospitals, Clinics, Other Medical Z/S I/II Z/S I/II Z/S I/II Z/S I/II Institutions (Other than Halfway Houses) for Confined Mentally Ill Persons Z/S I/II Z/S I/II Z/S I/II ORDINANCE NO. 2026-XXX 10 } Nursing Care Institutions, Intermediate Care Institutions, Handicapped or Infirm Institutions, Childcare Institutions Z/S I/II Z/S I/II Z/S I/II Z/S I/II Land Division Binding Site Plan Major C C C C C C C Binding Site Plan Minor Z Z Z Z Z Z Z Boundary Line Adjustments Z Z Z Z Z Z Z Major Subdivision C Minor Subdivision Z Unit Lot Subdivision Major 7 C C C C C Unit Lot Subdivision Minor 7 Z Z Z Z Z Marijuana Production, Processing, and Retail Marijuana Retail ZI ZI ZI COMMERCIAL AND MIXED USE USE DESCRIPTIONS ZONES NC 1 OTBD-1 OTBD-2 OTBD-3 GC 1, 3, 4 CC 2 HC 1, 3, 4 Motor Vehicle-Related Sales and Service Operations Car Wash Z/S I/II Z/S I/II Electric Vehicle Infrastructure 8 ZI ZI ZI ZI ZI ZI ZI Fuel Sales Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Painting and Body Work with No Storage of Vehicles Z/S I/II Z/S I/II Repair and Maintenance, Not Including Substantial Body Work, and No Storage of Vehicles Z/S I/II Z/S I/II Z/S I/II Sales or Rental or Mobile Home Sales Z/S I/II Z/S I/II Z/S I/II Sales with Installation of Motor Vehicle Parts or Accessories (Tires, Mufflers, etc.) Z/S I/II Z/S I/II Z/S I/II Office Government Office Buildings Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Health Care Facility Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Other Similar Office Uses Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II ORDINANCE NO. 2026-XXX 11 } Open Air Markets and Horticultural Sales Horticultural Sales with Outdoor Display ACUP ACUP ACUP Temporary (Seasonal) Farmer's Market ACUP ACUP ACUP ACUP ACUP ACUP Personal Services Banks with Drive-Thru Windows Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Dry Cleaner / Laundromat Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Salon / Barber Shop / Beauty Shop / Tanning Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Studio: Art, Music, Dance Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Travel Agencies Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Other Similar Uses Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Professional Services Attorney / Legal Services Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Clinics of Physicians or Dentist Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Consultant Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Crematorium Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Funeral Home Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Insurance / Stockbroker Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Other Similar Uses Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II COMMERCIAL AND MIXED USE USE DESCRIPTIONS ZONES NC 1 OTBD-1 OTBD-2 OTBD-3 GC 1, 3, 4 CC 2 HC 1, 3, 4 Public and Semi-Public Facilities Bus Station, Train Station Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II S/C II/III Z/S I/II Civil Defense Operation Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Fire Stations Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Military Reserve, National Guard Centers Z/S I/II Z/S I/II Police Stations II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Post Office Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II ORDINANCE NO. 2026-XXX 12 } Public Parking Lot or Parking Garage Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Rescue Squad, Ambulance Service S II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Special Events 9 P P P P P P P Temporary Mobile or Modular Structures Used for Public Services (Mobile Classrooms, Civic Services, Public Health Centers, Emergency Response Centers, etc.) 10 ACUP ACUP ACUP ACUP ACUP ACUP ACUP Recreation, Amusement, Entertainment Outdoor Recreation: Athletic Fields, Tennis Courts, Swimming Pools, Miniature Golf Courses, Water Slides, Skateboard Parks, Parks, Swimming Pools, Driving Range, Golf Course, Par 3 Golf Course, and Similar Uses Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Indoor Recreation: Bowling Alleys, Skating Rinks, Indoor Tennis and Squash Courts, Billiards and Pool Halls, Indoor Athletic and Exercise Facilities, and Similar Uses Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Coliseums, stadiums, and all other facilities designed to seat or accommodate simultaneously more than 1,000 people Z/S I/II Z/S I/II Drive-in movie theaters Z/S I/II Z/S I/II Movie Theaters Seating Capacity Less than 300 Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Movie Theaters Unlimited seating capacity Z/S I/II Z/S I/II Z/S I/II Z/S I/II Religious Religious Assembly - Accessory ZV ZV ZV ZV ZV ZV ZV Religious Assembly – Principle Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Residential Accessory Dwelling Unit Above a Permitted Non- Residential Use (one only)11 ZV ZV ZV Co-Living Housing ZV ZV ZV ZV ZV ZV In-Home Child Day Care 12 ZV Multi-Family Apartments Z/S/C I/II/III Z/S/C I/II/III S/C II/III S/C II/III Multi-Family Fourplex ZV ZV ZV ZV Multi-Family Courtyard Apartments Z/S/C I/II/III S/C II/III S/C II/III COMMERCIAL AND MIXED USE USE DESCRIPTIONS ZONES NC 1 OTBD-1 OTBD-2 OTBD-3 GC 1, 3, 4 CC 2 HC 1, 3, 4 Residential, continued Multi-Family Rowhouses Z/S/C Z/S/C Z/S/C Z/S/C I/II/III Multi-Family Townhouses I/II/III Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III ORDINANCE NO. 2026-XXX 13 } Multi-Family Triplex Z/S/C I/II/III Multi-Family Use Above a Permitted Non- Residential Use (Mixed Use) 11 Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Z/S/C I/II/III Multi-Family Use Horizontal to a Permitted Non- Residential Use (Mixed Use) S/C II/III S/C II/III S/C II/III Single-Family Apartment Above Permitted Non- Residential Use (only one) ZV ZV ZV ZV Single-Family Residence, Detached ZV Residential Homes emphasizing special services, treatment, or supervision 14 Adult Family Homes (6 or fewer adults) 13 ZI ZI ZI ZI Emergency Housing ZI -ZV ZI -ZV ZI -ZV ZI -ZV ZI -ZV ZI -ZV ZI -ZV Emergency Shelter ZI -ZV ZI -ZV ZI -ZV Halfway houses Z/S I/II Homes for handicapped or infirm ZI ZI ZI Nursing care, intermediate care homes ZI ZI Permanent Supportive Housing ZI ZI ZI ZI ZI Special Needs Childcare homes ZI ZI ZI ZI ZI Transitional Housing ZI ZI ZI ZI ZI Residential Rooms for Rent Situations Hotels, motels, and similar businesses or institutions providing overnight accommodations Z/S/C I/II/III Rooming houses, boarding houses ZI ZI Tourist homes and other temporary residences renting by the day or week ZV ZV ZV Restaurants, Bars, Night Clubs Carry-Out and Delivery Service; No Drive-Thru Service; Consumption Outside Fully Enclosed Buildin Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Carry-Out and Delivery Service; Drive-Thru Service; Service or Consumption Outside Fully Enclosed Building Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II No Substantial Carry-Out or Delivery Service; No Drive-Thru Service; Service or Consumption Inside or Outside Fully Enclosed Building Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Gambling Establishments Z/S I/II COMMERCIAL AND MIXED USE ZONES ORDINANCE NO. 2026-XXX 14 } USE DESCRIPTIONS NC 1 OTBD-1 OTBD-2 OTBD-3 GC 1, 3, 4 CC 2 HC 1, 3, 4 Retail Trade – No Outside Storage of Goods Allowed Convenience Stores ZI ZI ZI ZI ZI ZI General Mercantile Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Home Occupation 12 P P P P P P Sales / Rentals Incidental to a Non-Retail Principal Use 15 Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Wholesale Sales Z/S I/II Z/S I/II Retail Trade – Outside Storage of Goods and Display Allowed General Mercantile Z/S I/II Z/S I/II Z/S I/II Z/S I/II Mobile Sales and Mobile Food Vendors 16 ACUP ACUP ACUP ACUP ACUP ACUP Sales / Rentals incidental to a non-retail principal use 15 Z/S I/II Z/S I/II Z/S I/II Wholesale sales Z/S I/II Services and Enterprises Related to Animals Pet Grooming/Pet Store Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Veterinarian Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Utility Facilities Alternative Energy Systems 8 Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Z/S I/II Electrical Community or Regional Facility CIII CIII CIII CIII CIII Electrical Neighborhood Facility ZI ZI ZI ZI ZI ZI ZI Public Utilities ZI ZI ZI ZI ZI ZI ZI Franchise Utilities ZI ZI ZI ZI ZI ZI ZI Wireless Communication Facilities 17 Commercial Antennas 50 feet tall or less ZI ZI Commercial Antennas more than 50 feet tall and receive-only earth stations Z/S I/II Z/S I/II Commercial Monopole I CIII Commercial Monopole II CIII Commercial Macro Facilities ZI ZI ZI ZI ZI ZI Commercial Micro Facilities ZI ZI ZI ZI ZI ZI Commercial Mini Facilities ZI ZI ZI ZI ZI ZI Non-Commercial Towers and antennas 50 feet tall or less ZI ZI ZI ZI ZI ZI Non-Commercial Towers and antennas more than 50 feet tall and receive-only earth stations ZI SII Z/S I/II Z/S I/II ORDINANCE NO. 2026-XXX 15 } Miscellaneous Combination Uses ZSC I/II/III ZSC I/II/III ZSC I/II/III ZSC I/II/III ZSC I/II/III ZSC I/II/III Footnotes of the Table of Commercial and Mixed-Use Permissible Uses 1 Residential Uses are only allowed in the General Commercial, Highway Commercial, and Neighborhood Commercial zones when regulated by the Mixed-Use Development Regulations, Section 20.110. All permissible uses shall meet the Use Table Requirements of the specific Place Type and Transect of the property of the intended use. 2 Commercial Corridor uses are regulated by the Mixed-Use Development Regulations Section 20.110. All permissible uses shall meet the Use Table Requirements of the specific Place Type and Transect of the property of the intended use. Uses that are allowed but not specifically listed in the Mixed-Use Development Regulations have been listed in the above table. 3 Subject to Section 20.38.080 – Performance Standards and Miscellaneous Restrictions 4 Subject to Section 20.38.070 – Restrictions on Certain Use Classifications on Arlington Airport Property 5 Subject to Section 20.44.064 – Trade or Vocational Schools in OTBD-1 6 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land Conversion 7 Subject to Section 20.44.020 – Unit Lot Subdivisions 8 Subject to 20.114 – Alternative Energy Systems 9 Subject to Chapter 5.44 – Parades, Athletic Events and other Special Events 10 Subject to Section 20.44.048 – Temporary Public Structures. No permit is required for an emergency that includes a natural disaster, emergency response for a specific event, or emergency situation based on a State of Emergency. 11 Subject to Section 20.44.016 – Mixed Use Developments 12 Subject to Section 20.44.082 – Home Occupations 13 Subject to Section 20.44.068 – Adult Family Homes 14 Subject to Section 20.44.070 – Homes Emphasizing Special Services, Treatment, or Supervision (ZI-ZV = ZI: new structure or ZV: within an existing structure and ZSI/II = ZI: within an existing structure or SII new structure)15 Subject to Section 20.40.050 Accessory Uses 16 Subject to Section 20.44.080 – Administrative Conditional Use Permit for Mobile Sales and Delivery 17 Subject to Section 20.44.034 – Wireless Communications Facilities Section 12. Arlington Municipal Code section 20.40.140 shall be hereby amended as follows: 20.40.140 – Industrial Zones Permissible Use Table INDUSTRIAL USE DESCRIPTIONS ZONES LI 1, 2, 3 GI 1, 2, 3 Agricultural Commercial Greenhouse On-Premises Sales Z/S I/II Educational Colleges, Universities, Community Colleges I/II Commercial Nursery Schools; Day Care Centers (Accessory) 4 ZV ZV ORDINANCE NO. 2026-XXX 16 } Trade or vocational schools Z/S I/II Z/S I/II Environmental Critical Area Uses (AMC 20.93) ZI ZI Land Clearing and Logging 5 ZI ZI Land Division Binding Site Plan Major C C Binding Site Plan Minor Z Z Boundary Line Adjustment Z Z Industry, Manufacturing, Processing, Repairing, Renovating, Assembly of Goods, Merchandise or Equipment Brewery, Distillery, Craft Beverage Production with or without Tasting Room or Restaurant (No Drive-Thru Services) Z/S I/II Z/S I/II Operations Conducted Entirely Within Fully Enclosed Building and Primarily Consists of Business Not Done with Walk-In Trade Z/S I/II Z/S I/II Operations Conducted Within or Outside Fully Enclosed Building Z/S I/II Trade businesses with office and storage of vehicles onsite I I Marijuana Production, Processing, and Retail Marijuana Processing 6 ZI ZI Marijuana Production 6 ZI ZI Motor Vehicle-Related Sales and Service Operations Electric Vehicle Infrastructure 7 Z/S I/II Z/S I/II Fuel sales Z/S I/II Repair and Maintenance, Painting and Body Work with Storage of Vehicles Z/S I/II Scrap Materials Salvage Yards, Junkyards, Automobile Graveyards, and Automobile Recycling Facilities 8 Z/S I/II Towing Operations Z/S I/II Office Government Office Buildings 9 Z/S I/II Z/S I/II Industrial or Manufacturing On-Site Office Z/S I/II Z/S I/II Research and Development 10 Z/S I/II Z/S I/II Technology 10 Z/S I/II Z/S I/II Other Similar Uses 9 Z/S I/II Z/S I/II INDUSTRIAL USE DESCRIPTIONS ZONES LI 1, 2, 3 GI 1, 2, 3 Professional Services Crematorium with or without Funeral Home Z/S I/II Z/S I/II ORDINANCE NO. 2026-XXX 17 } Public and Semi-Public Facilities Bus Station, Train Station Z/S I/II Z/S I/II Civil Defense Operation Z/S I/II Z/S I/II Fire Stations Z/S I/II Z/S I/II Military Reserve, National Guard Centers Z/S I/II Z/S I/II Police Stations Z/S I/II Z/S I/II Public Parking Lots or Parking Garages Z/S I/II Z/S I/II Rescue Squad, Ambulance Service Z/S I/II Z/S I/II Special Events 11 P P Temporary Mobile or Modular Structures Used for Public Services (Mobile Classrooms, Civic Services, Public Health Centers, Emergency Response Centers, etc.) 12 ZI ZI Recreation, Amusement, Entertainment Outdoor Recreation: Athletic Fields, Tennis Courts, Swimming Pools, Miniature Golf Courses, Water Slides, Skateboard Parks, Parks, Swimming Pools, Driving Range, Golf Course, Par 3 Golf Course, and Similar Uses Z/S I/II Z/S I/II Religious Religious Assembly - Accessory ZV ZV Restaurants, Bars, Night Clubs Carry-out and delivery service; no drive-thru service; consumption outside fully enclosed building allowed Z/S I/II Z/S I/II Carry-out and delivery service; drive-thru service; service or consumption outside fully enclosed building allowed Z/S I/II Z/S I/II Establishments offering adult entertainment III Retail Trade – No Outside Storage of Goods Distribution Center Z/S I/II Z/S I/II Sales / Rentals incidental to a non-retail principal use 4 Z/S I/II Z/S I/II Mobile Sales and Delivery Mobile Food Vendors 4, 13 ACUP ACUP Wholesale sales Z/S I/II Z/S I/II Retail Trade – Outside Storage of Goods and Display Distribution Center Z/S I/II Z/S I/II General Mercantile Z/S I/II Sales / Rentals incidental to a non-retail principal use 4 Z/S I/II Z/S I/II Wholesale sales Z/S I/II Services and Enterprises Related to Animals Kennel Z/S I/II Z/S I/II Veterinarian Z/S I/II Z/S I/II ORDINANCE NO. 2026-XXX 18 } INDUSTRIAL USE DESCRIPTIONS ZONES LI 1, 2, 3 GI 1, 2, 3 Soil Processing, Mining, and Quarrying Operations 14 Soil processing, mining, and quarrying operations, including on-site sales of product Z/S I/II Solid Waste Facilities (Publicly or Privately Owned) 14 Biosolid Recycling Z/S I/II Solid Waste Recycling Center Z/S I/II Solid Waste Transfer Station Z/S I/II Storage and Parking Parking of vehicles or storage of equipment outside enclosed structures where vehicles or equipment are owned and used by the person making use of lot.4, 8,15 Z/S I/II Storage, Shipping, or Moving Container (accessory use only) 4 ZI ZI Warehouse Storage Facility Z/S I/II Z/S I/II Utility Facilities Alternative Energy Systems 7 Z/S I/II Z/S I/II Electrical Community or Regional Facility Z/S I/II Z/S I/II Electrical Neighborhood Facility ZI ZI Public Utilities ZI ZI Franchise Utilities ZI ZI Wireless Communication Facilities 16 Commercial Antennas 50 feet tall or less ZI ZI Commercial Antennas more than 50 feet tall and receive-only earth stations Z/S I/II Z/S I/II Commercial Monopole I CIII CIII Commercial Monopole II CIII Commercial Macro Facilities ZI ZI Commercial Micro Facilities ZI ZI Commercial Mini Facilities ZI ZI Non-Commercial Towers and Antennas 50 feet tall or less ZI ZI Non-Commercial Towers and Antennas more than 50 feet tall and receive-only earth stations Z/S I/II Z/S I/II Miscellaneous Combination Uses ZSC ZSC ORDINANCE NO. 2026-XXX 19 } Footnotes of the Table of Industrial Permissible Uses 1 Subject to the permissible uses of the Cascade Industrial Center Planned Action 2 Subject to Sectio20.38.080 – Performance Standards and Miscellaneous Restrictions 3 Subject to Section 20.38.070 – Restrictions on Certain Use Classifications on Arlington Airport Property 4 Subject to Section 20.40.050 – Accessory Uses 5 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land Conversion 6 Subject to Section 20.08.010 – Definitions of Basic Terms and Section 20.48.040 – Building Setback Requirements 7 Subject to Section 20.114 – Alternative Energy Systems 8 Subject to Section 20.44.066 – Outdoor Storage for Scrap Materials, Salvage Yards, Junkyards, Automobile Graveyards, Automobile Recycling Facilities, Construction Yards, and Industrial or Manufacturing Uses 9 Subject to Section 20.44.084 – Stand Along Office Uses in the General Industrial Zone 10 Priority in the Center of Excellence of the Airport Business Park 11 Subject to Chapter 5.44 – Parades, Athletic Events and other Special Events 12 Subject to Section 20.44.048 – Temporary Public Structures. No permit is required for an emergency that includes a natural disaster, emergency response for a specific event, or emergency situation based on a State of Emergency. 13 Subject to Section 20.44.080 – Administrative Conditional Use Permit for Mobile Sales and Delivery 14 Subject to Section 20.44.010 – Solid Waste, Quarrying, Mining, and Similar Uses 15 Subject to Chapter 20.72 – Parking and Chapter 20.76 – Screening and Trees 16 Subject to Section 20.44.034 – Wireless Communications Facilities Section 13. Arlington Municipal Code section 20.40.150 shall be hereby amended as follows: 20.40.150 – Special Zones Permissible Use Table SPECIAL ZONES USE DESCRIPTIONS ZONES BP 2,3 AF 1, 2, 3 MS 4 Aviation Related Sales and Service Operations Aviation Fuel Sales ZI Aircraft Painting and Body Work ZI Aircraft Repair and Maintenance, Not Including Substantial Body Work ZI Aircraft Sales or Rentals ZI Aircraft Sales with Installation of Aircraft Parts or Accessories (Propellers, Tires, Mufflers, etc.) ZI Aircraft Wash ZI Cultural, Social, Fraternal Uses ORDINANCE NO. 2026-XXX 20 } Art Gallery or Center Z/S I/II ZI Museum Z/S I/II ZI Educational Commercial Nursery Schools; Day Care Centers P Trade or Vocational Schools Z/S I/II ZI Training Facility Z/S I/II Z/S I/II Z/S I/II Environmental Critical Area Uses (AMC 20.93) ZI ZI ZI Land Clearing and Logging 5 ZI ZI ZI Industry, Manufacturing, Processing, Repairing, Renovating, Assembly of Goods, Merchandise or Equipment All Operations Conducted Entirely Within Fully Enclosed Building and Primarily Consists of Business Done with Walk-In or No Walk-In Trade Z/S I/II ZI Institutional Residence or Care or Confinement Facilities Hospitals, Clinics, other Medical ZCS I/II/III Institutions (other than halfway houses) for Confined Mentally Ill Persons 3,4 CIII Nursing Care Institutions, Intermediate Care Institutions, Handicapped or Infirm Institutions, Childcare Institutions ZCS I/II/III Land Division Binding Site Plan Major C C C Binding Site Plan Minor Z Z Z Boundary Line Adjustment Z Z Z Motor Vehicle-Related Sales and Service Operations (Non-Aviation Related) Electric Vehicle Infrastructure 6 ZI ZI ZI SPECIAL USE DESCRIPTIONS ZONES BP 2,3 AF 1, 2, 3 MS 4 Office Government Office Buildings Z/S I/II ZI Z/S I/II Health Care Facility ZS I/II 7, 8 Z/S I/II Research and Development 9 Z/S I/II ZI Z/S I/II Technology 9 Z/S I/II ZI Z/S I/II Other Similar Uses Z/S I/II ZI Z/S I/II Professional Services ORDINANCE NO. 2026-XXX 21 } Clinics of Physicians or Dentist Z/S I/II Public and Semi-Public Facilities Airport III Bus Station, Train Station Z/S I/II Civil Defense Operation Z/S I/II ZI Fire Stations Z/S I/II ZI Military Reserve, National Guard Centers Z/S I/II ZI Police Stations Z/S I/II ZI Public Parking Lot or Parking Garage Z/S I/II Z/S I/II Z/S I/II Rescue Squad, Ambulance Service Z/S I/II ZI Z/S I/II Special Events 10 P P P Temporary mobile or modular structures used for public services (e.g., mobile classrooms, civic services, public health centers, emergency response centers, etc.) 11 ZI ZI ZI Restaurants, Bars, Night Clubs Carry-out and delivery service; no drive-thru service; consumption outside fully enclosed building allowed Z/S I/II ZI No substantial carry-out or delivery service; no drive-thru service; service or consumption inside or outside fully enclosed building Z/S I/II ZI ZI Retail Trade – No Outside Storage of Goods Distribution Center Z/S I/II Sales / Rentals incidental to a non-retail principal use 12 Z/S I/II ZI Wholesale sales Z/S I/II ZI Mobile Sales and Mobile Food Vendors12, 13 ACUP ACUP ACUP Soil Processing, Mining or Quarrying Operations 14 Soil processing Mining, or Quarrying operations, including on-site sales of product Z/S I/II Storage and Parking Parking or storage of aircraft, either inside or outside completely enclosed structures ZI Warehouse Storage Facility Z/S I/II SPECIAL ZONES USE DESCRIPTIONS ZONES BP 2,3 AF 1, 2, 3 MS 4 Utility Facilities Alternative Energy Systems 6 Z/S I/II Z/S I/II Z/S I/II Electrical Community or Regional Facility C III C III Electrical Neighborhood Facility ZI ZI ORDINANCE NO. 2026-XXX 22 } Public Utilities ZI ZI ZI Franchise Utilities ZI ZI ZI Wireless Communication Facilities 15 Commercial Antennas 50 feet tall or less ZI Commercial Antennas more than 50 feet tall and receive-only earth stations Z/S I/II Commercial Macro Facilities ZI Commercial Micro Facilities ZI Commercial Mini Facilities ZI Non-Commercial Towers and Antennas 50 feet tall or less ZI ZI Non-Commercial Towers and Antennas more than 50 feet tall and receive-only earth stations Z/S I/II Z/S I/II Miscellaneous Combination Uses ZCS ZCS ZCS Footnotes of the Table of Special Zones Permissible Uses 1 Such uses allowed only for aviation related uses in compliance with the intent of the zone as established by Section 20.36.034 Aviation Flightline District Established and at the discretion of the Arlington Municipal Airport. 2 Subject to Section 20.38.070 – Restrictions on Certain Use Classifications on Arlington Airport Property 3 Subject to Section 20.38.080 – Performance Standards and Miscellaneous Restrictions 4 Such uses allowed only if in compliance with the intent of the zone as established in Section 20.36.036 – Medical Services District Established 5 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land Conversion 6 Subject to Section 20.114 – Alternative Energy Systems 7 Subject to obtaining an Arlington Municipal Airport lease and compatible surrounding uses. 8 Subject to Section 20.44.070 – Homes Emphasizing Special Services, Treatment, or Supervision. 9 Priority in the Center of Excellence of the Airport Business Park 10 Subject to Chapter 5.44 – Parades, Athletic Events and other Special Events 11 Subject to Section 20.44.048 – Temporary Public Structures. No permit is required for an emergency that includes a natural disaster, emergency response for a specific event, or emergency situation based on a State of Emergency. 12 Subject to Section 20.40.050 – Accessory Uses13 Subject to Section 20.44.080 – Administrative Conditional Use Permit for Mobile Sales and Delivery 14 Subject to Section 20.44.010 – Solid Waste, Quarrying, Mining, and Similar Uses 15 Subject to Section 20.44.034 – Wireless Communications Facilities Section 14. Arlington Municipal Code section 20.40.160 shall be hereby amended as follows: 20.40.160 – Public / Semi-Public Zone Permissible Use Table PUBLIC / SEMI-PUBLIC USE DESCRIPTION ZONE P / SP 1 Educational ORDINANCE NO. 2026-XXX 23 } Colleges, Universities, Community Colleges C III Commercial Nursery Schools; Day Care Centers P Elementary and Secondary School C III Environmental Critical Area Uses (AMC 20.93) ZI Land Clearing and Logging 3 ZI Cultural, Social, Fraternal Uses Art Gallery or Center Z/S I/II Library Z/S I/II Museum Z/S I/II Institutional Residence or Care or Confinement Facilities 4 Penal and Correctional Facilities C III Land Division Binding Site Plan Major C Binding Site Plan Minor Z Boundary Line Adjustment Z Motor Vehicle-Related Sales and Service Operations (Non-Aviation Related) Electric Vehicle Infrastructure 5 ZI Office Government Office Buildings Z/S I/II Recreational or Park Buildings Z/S I/II Other Similar Uses Z/S I/II Public and Semi-Public Facilities Bus Station, Train Station Z/S I/II Cemetery Z/S I/II Civil Defense Operation ZSC Fire Stations I/II/III Military Reserve, National Guard Centers ZSC Police Stations I/II/III Public Parking Lots or Parking Garages Z/S I/II Rescue Squad, Ambulance Service ZSC I/II/III Special Events 6 P Temporary mobile or modular structures used for public services (mobile classrooms, civic services, public health centers, emergency response centers, etc.) 7 P ORDINANCE NO. 2026-XXX 24 } PUBLIC / SEMI-PUBLIC USE DESCRIPTION ZONE P / SP Recreation, Amusement, Entertainment Indoor Recreation: Bowling Alleys, Skating Rinks, Indoor Tennis and Squash Courts, Billiards and Pool Halls, Indoor Athletic and Exercise Facilities, and Similar Uses ZSC I/II/III Outdoor Recreation: Athletic Fields, Tennis Courts, Swimming Pools, Miniature Golf Courses, Water Slides, Skateboard Parks, Parks, Swimming Pools, Driving Range, Golf Course, Par 3 Golf Course, and Similar Uses ZSC I/II/III Outdoor Entertainment Venue or Amphitheater ZSC I/II/III Religious Religious Assembly – Accessory ZV Retail Trade – Outside Storage of Goods and Display Allowed Mobile Sales and Delivery Mobile Food Vendors 2, 8 ACUP Solid Waste Facilities (Publicly owned) Biosolid Recycling ZSC I/II/III Solid Waste Recycling Center ZSC I/II/III Solid Waste Transfer Station ZSC I/II/III Storage and Parking Parking of vehicles or storage of equipment outside enclosed structures where vehicles or equipment are owned and used by the person making use of lot 9, 10 ZSC I/II/III Utility Facilities Alternative Energy System 5 ZSC I/II/III Electrical Community or Regional Facility I/II/III Electrical Neighborhood Facility ZSC I/II/III Public Utilities ZI Franchise Utilities ZI Wireless Communication Facilities 2, 3, 11 Non-Commercial Towers and Antennas 50 feet tall or less ZI Non-Commercial Towers and Antennas more than 50 feet tall and receive-only earth stations Z/S I/II Miscellaneous Combination Uses ZSC I/II/III Footnotes of the Table of Public / Semi-Public Permissible Uses ORDINANCE NO. 2026-XXX 25 } 1 Such uses allowed only if in compliance with the intent of the zone as established in Section 20.36.040 –Public / Semi-Public District Established 2 Subject to Section 20.40.050 – Accessory Uses 3 Subject to Section 20.44 Part II – Land Clearing, Grading, Filling, and Excavation 4 Subject to Section 20.44.096 – Penal and Correctional Facilities 5 Subject to Section 20.114 – Alternative Energy Systems 6 Subject to Chapter 5.44 – Parades, Athletic Events and other Special Events 7 Subject to Section 20.44.048 – Temporary Public Structures. No permit is required for an emergency that includes a natural disaster, emergency response for a specific event, or emergency situation based on a State of Emergency. 8 Subject to Section 20.44.080 – Administrative Conditional Use Permit for Mobile Sales and Delivery 9 Subject to Section 20.44.066 – Outdoor Storage for Scrap Materials, Salvage Yards, Junkyards, Automobile Graveyards, Automobile Recycling Facilities, Construction Yards, and Industrial or Manufacturing Uses 10 Subject to Chapter 20.72 – Parking and Chapter 20.76 – Screening and Trees 11 Subject to Section 20.44.034 – Wireless Communications Facilities Section 15. 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 16. 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 ______ day of _____________________, 2026. CITY OF ARLINGTON ____________________________________ Don E. Vanney, Mayor ATTEST: ___________________________________ Raelynn Jones, City Clerk ORDINANCE NO. 2026-XXX 26 } APPROVED AS TO FORM: ___________________________________ Oskar Rey, City Attorney City of Arlington Council Agenda Bill WS # 5 Attachment COUNCIL MEETING DATE: June 8, 2026 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.110 Mixed Use Development Regulations ATTACHMENTS: Ordinance, Code Amendment Overview, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Ameresia Lawlis, Associate Planner EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: thresholds for consistency with AMC 20.16. Removal of drive-requirements around drive-thrus. Update to mapping. Removal and updates to definitions for consistency with the chapter. HISTORY: 20 changes regarding permit naming. While reviewing, additional changes were identified with mapping and drive-thrus. ALTERNATIVES: Remand to staff for additional information move to approve the ordinance amending AMC Chapter 20.110 and authorize the Mayor to sign the Page 1 of 2 New or Renamed Table of Contents Code Sections: • None New Language Sections: • AMC 20.110 Place Type: Mixed Use Neighborhood Corridor Use Table o Addition of footnote to restrict location of drive-thrus on a site. • AMC 20.110 Place Type: Mixed Use Community Center Use Table o Addition of footnote to restrict location of drive-thrus on a site. • AMC 20.110 Place Type: Mixed Use Village Center Use Table o Addition of footnote to restrict location of drive-thrus on a site. • AMC 20.110 Place Type: Mixed Use Urban Center Use Table o Addition of footnote to restrict location of drive-thrus on a site. • AMC 20.110.014(a) Authority and Purpose o Allow an exception for certain transects within speci�ic place types to permit housing only as a supporting use the commercial required along the primary street, because those transects within the speci�ied place types do not have primary street frontage. Updated Language Sections: • AMC 20.110 Place Type: Mixed Use Neighborhood Corridor Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Removal of Drive Thru Services references as a speci�ic use type • AMC 20.110 Place Type: Mixed Use Neighborhood Corridor Place Type Map o Change of (2) northern parcels to T4N SV from T4 MS as they are not located along the primary road. o Change of proposed road locations to align with expected development. • AMC 20.110 Place Type: Mixed Use Community Center Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Removal of Drive Thru Services references as a speci�ic use type • AMC 20.110 Place Type: Mixed Use Community Center Place Type Map o Change of the southern portion of the parcels to be T4 MS, matching the northern portion as to not require a single parcel to follow two different place type requirements. o Change of proposed road locations to align with intended development. AMC Chapter 20.110 – Mixed Use Development Regulations Zoning Code Amendment Overview Summary - Ameresia Lawlis, Associate Planner Page 2 of 2 • AMC 20.110 Place Type: Mixed Use Village Center Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.110 Place Type: Mixed Use Urban Center Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.110-23: Review Authority o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.110.140(o) Project Permit Review Procedures o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.110.140(p) Nonconforming Conditions o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). Removed Language Sections: • AMC 20.110 Place Type: Mixed Use Neighborhood Corridor Use Table o Removal of Drive Thru Services references – to not differentiate between uses with or without drive-thru services as allowed or disallowed. • AMC 20.110 Place Type: Mixed Use Community Center Use Table o Removal of Drive Thru Services references – to not differentiate between uses with or without drive-thru services as allowed or disallowed. • AMC 20.110 Place Type: Mixed Use Village Center Use Table o Removal of Drive Thru Services references – to not differentiate between uses with or without drive-thru services as allowed or disallowed. • AMC 20.110 Place Type: Mixed Use Urban Center Use Table o Removal of Drive Thru Services references – to not differentiate between uses with or without drive-thru services as allowed or disallowed. • AMC 20.110.016(a) General De�initions o Removal of de�initions not utilized within this chapter. • AMC 20.110.016(b) De�initions Speci�ic to Permissible Uses o Removal of de�initions not utilized within this chapter. • None Washington State Legislation or Other Requirements Staff Report & Recommendation AMC Chapter 20.110 Zoning Code Amendment – PJ26-0194 Page 1 of 4 PLANNING COMMISSION STAFF REPORT & RECOMMENDATION To: Planning Commission From: Ameresia Lawlis, Associate Planner Meeting Date: June 8, 2026 Date Prepared: May 26, 2026 Regarding: 2026 AMC Chapter 20.110 Zoning Code Amendment – PJ26-0194 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 general provisions chapter. Included with this staff report is the proposed code amendments. GENERAL INFORMATION Applicant: City of Arlington Project Description: 2026 AMC Chapter 20.110 Zoning Code Amendment Requested Action: Approval of Ordinance B. DETAILED PROJECT INFORMATION The 2026 AMC Chapter 20.110 Zoning Code Amendment involves revisions to AMC 20.110 including changing the permit types from Zoning/Special Use/Conditional Use to Type I/Type II/Type III and thresholds for consistency with AMC 20.16. Removal of drive-thru references and provide specific requirements around drive-thrus. Removal and updates to definitions for consistency with the chapter. Planning Division th Staff Report & Recommendation AMC Chapter 20.110 Zoning Code Amendment – PJ26-0194 Page 2 of 4 C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE: Type of Determination Issue Date Distribution and Public Notice SEPA Determination on Non-Significance (DNS) 4/22/2026 City Public Notice Website Emailed to Review Agencies Posted at City Hall and Arlington Library The Herald Publish Date – 4/23/2026 Comment Period – 4/23/2026 to 5/6/2026 Public comments received during the public comment period. Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT: Public Notice and Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations Workshop: 5/5/2026 Meeting: 5/19/2026 Planning Commission Agenda Online Planning Commission Email Distribution List Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for Expedited Review – 2/19/2026 Deadline for 60-Day Review – 4/20/2026 Planning Commission Public Hearing 5/19/2026 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 4/23/2026 City Council Public Meeting Presentations Workshop: 6/8/2026 Meeting: 6/15/2026 City Council Agenda Online City Council Email Distribution List Agency Comments: Comment Summary Date Received City Response No comments received to date. Not applicable Staff Report & Recommendation AMC Chapter 20.110 Zoning Code Amendment – PJ26-0194 Page 3 of 4 3. COMPREHENSIVE PLAN COMPLIANCE: Goal or Policy Goal Description Summary LU-2 Ensure equitable access to City resources and programs through proactive and transparent outreach efforts, completed on multiple platforms, and where appropriate, in multiple languages. LU-2.1 Regularly review existing development regulations to remove requirements that unnecessarily hinder the development process. H-1.5 Review and continue to streamline development standards and regulations to reduce barriers to development, provide flexibility and minimize additional costs to housing. 4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS Regulation Meets (c) Most development regulation amendments shall be processed concurrently with the comprehensive planning docket developed under Subsection 20.96.030(b). The community development director may direct that development regulation amendments proceed separately when deemed appropriate. amendment has followed the provision of Chapter 20.96. The Community and Economic Development Director deemed it appropriate to process this amendment outside the docket process due to the need for consistency with other chapters revised for Permit Types. 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 2026 Final Docket through Resolution 2025-009. 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 March 31, 2026 for 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 May 19, 2026. Planning Commission Meeting. The public noticing is described under Section 2 above. Staff Report & Recommendation AMC Chapter 20.110 Zoning Code Amendment – PJ26-0194 Page 4 of 4 Regulation Meets 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 Workshop; discussion only. At the June 15, 2026, City Council Meeting, the recommended motion will be “I move to approve the ordinance amending AMC Chapter 20.110 and authorize the Mayor to sign the ordinance”. City of Arlington Community & Economic Development Planning Commission 18204 59th Avenue NE - Arlington, WA, 98223 - 360-403-3551 – www.arlingtonwa.gov FINDING OF FACTS City of Arlington Planning Commission Drew Bono, Chair FINDING OF FACTS 360.403.3551 REGARDING: PJ26-0194 AMC CHAPTER 20.110 Zoning Code Amendment • The Chapter 20.110 Zoning Code Amendments is a city-initiated amendment to the Arlington Municipal Code that includes updates to the general provisions chapter. SUMMARY: This proposed amendment involves revisions to: New or Renamed Table of Contents Code Sections: • None New Language Sections: • AMC 20.110 Place Type: Mixed Use Neighborhood Corridor Use Table o Addition of footnote to restrict location of drive-thrus on a site. • AMC 20.110 Place Type: Mixed Use Community Center Use Table o Addition of footnote to restrict location of drive-thrus on a site. • AMC 20.110 Place Type: Mixed Use Village Center Use Table o Addition of footnote to restrict location of drive-thrus on a site. • AMC 20.110 Place Type: Mixed Use Urban Center Use Table o Addition of footnote to restrict location of drive-thrus on a site. • AMC 20.110.014(a) Authority and Purpose o Allow an exception for certain transects within specific place types to permit housing only as a supporting use the commercial required along the primary street, because those transects within the specified place types do not have primary street frontage. Updated Language Sections: • AMC 20.110 Place Type: Mixed Use Neighborhood Corridor Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Removal of Drive Thru Services references as a specific use type • AMC 20.110 Place Type: Mixed Use Neighborhood Corridor Place Type Map o Change of (2) northern parcels to T4N SV from T4 MS as they are not located along the primary road. o Change of proposed road locations to align with expected development. • AMC 20.110 Place Type: Mixed Use Community Center Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). o Removal of Drive Thru Services references as a specific use type • AMC 20.110 Place Type: Mixed Use Community Center Place Type Map o Change of the southern portion of the parcels to be T4 MS, matching the northern portion as to not require a single parcel to follow two different place type requirements. o Change of proposed road locations to align with intended development. - 2 - • AMC 20.110 Place Type: Mixed Use Village Center Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.110 Place Type: Mixed Use Urban Center Use Table o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.110-23: Review Authority o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.110.140(o) Project Permit Review Procedures o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). • AMC 20.110.140(p) Nonconforming Conditions o Renaming for consistency with new naming conventions (i.e. “Type I - III Permits”). Removed Language Sections: • AMC 20.110 Place Type: Mixed Use Neighborhood Corridor Use Table o Removal of Drive Thru Services references – to not differentiate between uses with or without drive-thru services as allowed or disallowed. • AMC 20.110 Place Type: Mixed Use Community Center Use Table o Removal of Drive Thru Services references – to not differentiate between uses with or without drive-thru services as allowed or disallowed. • AMC 20.110 Place Type: Mixed Use Village Center Use Table o Removal of Drive Thru Services references – to not differentiate between uses with or without drive-thru services as allowed or disallowed. • AMC 20.110 Place Type: Mixed Use Urban Center Use Table o Removal of Drive Thru Services references – to not differentiate between uses with or without drive-thru services as allowed or disallowed. • AMC 20.110.016(a) General Definitions o Removal of definitions not utilized within this chapter. • AMC 20.110.016(b) Definitions Specific to Permissible Uses o Removal of definitions not utilized within this chapter. FINDINGS: SEPA Compliance: The SEPA Determination of Non-Significance was issued on April 22nd, 2026. Distribution of Public Notice included publishing in The Herald, online via the City Public Notice Website, email notification to review agencies, physical posting at City Hall and Arlington Library. No public comments were received, and no adverse impacts were identified during the review process. Public Notification/Involvement: 1. Department of Commerce: Sent for review on February 19, 2026. Deadline for review: April 20, 2026. 2. Planning Commission Workshop Presentation on: May 5th, 2026. Distribution and Public Notices were posted on the Planning Commission Agenda Online and emails were distributed to those on the Planning Commission Email Distribution list. No public comments were received. 3. Planning Commission Public Hearing Overview on: May 19th, 2026. Distribution and Public Notice was done via the City Public Notice website, the Planning Commission Agenda Online and emails sent to those on the Planning Commission Email Distribution List. Notice of Public Hearing on this item also included - 3 - publishing in The Herald. No public comments were received. 4. City Council Workshop on: June 8, 2026. Distribution and Public Notice will be posted on the City Council Agenda Online and emails will be sent to those on the City Council Email Distribution List. 5. City Council Meeting on: June 15th, 2026. Distribution and Public Notice will be posted on the City Council Agenda Online and emails will be sent to those on the City Council Email Distribution List. 6. The Planning Commission finds that the public notification and involvement process met all applicable requirements and provided adequate opportunity for public input. Washington State Legislation or Other Requirements: None Purpose and Intent of Amendment: The proposed amendments include changing the permit types from Zoning/Special Use/Conditional Use to Type I/Type II/Type III and thresholds for consistency with AMC 20.16. Removal of drive-thru references and provide specific requirements around drive-thrus. Removal and updates to definitions for consistency with the chapter. Comprehensive Plan Compliance: These amendments comply with the following City of Arlington Comprehensive Plan Policies: LU-2, LU-2.1, H-1.5. The Planning Commission finds that the proposed amendments are consistent with and support the goals and policies of the Comprehensive Plan. Compliance with AMC Chapter 20.96, Amendments. Amendment complies with; 20.96.010(c) and (b), 20.96.100 (a), 20.96.110, 20.96.120 (a) and (c), 20.96.130 and 20.96.140 (1) and (2). CONCLUSION AND RECOMMENDATION: The Planning Commission finds that the proposed amendments further public interest by ensuring the Arlington municipal code and zoning requirements remain current, clear, and consistent with state regulations. Based on the foregoing findings and a unanimous vote, the Planning Commission hereby recommends that the City Council approve the proposed amendment to AMC CHAPTER 20.110 Zoning Code Amendment, PJ26-0194. Respectfully submitted through the Department of Community and Economic Development to the City Council This 27th day of May 2026. __________________________________ Drew Bono Arlington City Planning Commission, Chair ORDINANCE NO. 2026-XXX 1 {OER4923-7580-4594;1/13217.000006/} ORDINANCE NO. 2026-XXX AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.110 OF THE ARLINGTON MUNICIPAL CODE RELATING TO MIXED-USE DEVELOPMENT REGULATIONS UNDER CITY PLANNING NO. PJ26-0194 WHEREAS, the city has proposed an update to the Permits and Land Division regulations to the City zoning code; and WHEREAS, the Arlington Planning Commission considered the revisions on May 5, 2026, and at a public hearing conducted on May 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 June 8, 2026, a meeting on June 15, 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 01. Arlington Municipal Code section 20.110.014(a)(6)-(10) shall be hereby amended as follows: 6. Exemption – The following are exempt from the commercial use requirement and may consist entirely of residential uses: (A) T4N SV Transect within the Neighborhood Corridor Place Type (B) T5 F Transect within the Neighborhood Corridor Place Type 67. 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. 78. All Unit Lot Subdivisions shall follow the regulations of AMC 20.44.020. ORDINANCE NO. 2026-XXX 2 {OER4923-7580-4594;1/13217.000006/} 89. Accessory Dwelling units shall follow the regulations of AMC 20.44.042. 910. 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. Section 02. Arlington Municipal Code section 20.110.014(c)(1) Use Table shall be hereby amended as follows: Use Table T4-MS T4-F T4N-SV T5-F T5-MS Land Use – Neighborhood Corridor Residential Dwellings: Attached ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Detached - - ZON/ SUP/ CUP I/II/III - - Multi-Family ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Accessory Dwelling - - P - - Home Occupation P P P P P Commercial Retail: Floor Area <10,000 sf ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZONI ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Floor Area ≥10,000 sf SUP/CUP II/III SUP/CUP II/III - SUP/CUP II/III SUP/CUP II/III Restaurant or Bar Eating or Drinking:15 Floor Area <10,000 sf ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Floor Area ≥10,000 sf SUP/CUP II/III SUP/CUP II/III - SUP/CUP II/III SUP/CUP II/III Drive Thru Services - - - - - Services Animal Veterinary Services (No Boarding) ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Bank/Financial15 (No Drive Thru Services) ZON/ ZON/ - ZON/ ZON/ ORDINANCE NO. 2026-XXX 3 {OER4923-7580-4594;1/13217.000006/} SUP/ CUP I/II/III SUP/ CUP I/II/III SUP/ CUP I/II/III SUP/ CUP I/II/III Day Care Center ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Lodging: Bed and Breakfast (Within Detached Residence) - - ZONI - - Hotel/Inn SUP/CUP II/III SUP/CUP II/III - SUP/CUP II/III SUP/CUP II/III Medical: Medical Clinic ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Doctor/Dentist Office ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Office Uses: Professional Office ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Personal Services ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Recreation, Education, Public Assembly Park, Open Space, Playground, Recreation Facility, or Outdoor Recreation with Development Permit P P P P P Public Safety Facility ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ORDINANCE NO. 2026-XXX 4 {OER4923-7580-4594;1/13217.000006/} 15 Drive-thru allowed if access is located off a secondary street. No drive-thru shall be allowed between the primary street and building frontage. Use Table - Continued T4-MS T4-F T4N-SV T5-F T5-MS Land Use – Neighborhood Corridor Recreation Facility - Stand Alone Commercial or Public: Indoor <1,500 sf ZONI ZONI ZONI ZONI ZONI Indoor ≥1,500 sf ZONI ZONI - ZONI ZONI Outdoor ZONI ZONI ZONI ZONI ZONI Religious Assembly SUP II SUP II SUP II SUP II SUP II Studio: Art, Music, Dance ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Agriculture Community Gardens - ZONI ZONI ZONI ZONI Farmer’s Market ZONI ZONI - ZONI ZONI Industry, Manufacturing, and Processing Artisan Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Limited Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Furniture and Fixture Manufacturing ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Media Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Printing and Publishing ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Transportation, Communication, Infrastructure Parking Facility: Public ZONI ZONI - ZONI ZONI Public Utility ZONI ZONI - ZONI ZONI Wireless Telecommunications Antenna <50’ ZONI ZONI - ZONI ZONI Antenna ≥50’ - ZONI - ZONI - Accessory Accessory Building Structure P P P P P Key Use Table Notes P Permissible P = Permissible with a Building Permit and/or Business License depending on the use. ZONI Zoning Type I Permit ZONI = Mixed-Use Project contains 1-19 29 units and commercial or Commercial Only buildings on previously subdivided lot. SUP II Special Use Type II Permit SUPII = Mixed-Use Project contains 20-49 30-99 units and commercial. CUP Conditional CUP III = Mixed-Use Project contains 50100 or more units and commercial. ORDINANCE NO. 2026-XXX 5 {OER4923-7580-4594;1/13217.000006/} Section 03. Arlington Municipal Code section 20.110.014(c)(1) Neighborhood Corridor Map #1 shall be repealed and replaced as follows: Section 04. Arlington Municipal Code section 20.110.014(c)(2) Use Table shall be hereby amended as follows: III Use Type III Permit - 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 T4-MS T4-F T4N-MV Land Use – Neighborhood Corridor Residential Dwellings: Attached ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Detached - - - Multi-Family ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ORDINANCE NO. 2026-XXX 6 {OER4923-7580-4594;1/13217.000006/} Accessory Dwelling - - - Home Occupation P P P Commercial Retail: Floor Area <10,000 sf ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Floor Area ≥10,000 sf SUP/CUP II/III SUP/CUP II/III SUP/CUP II/III Restaurant/Bar Eating or Drinking:14 Floor Area <10,000 s ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Floor Area ≥10,000 sf SUP/CUP II/III SUP/CUP II/III SUP/CUP II/III Drive Thru Services (Transects at SR 9 / SR 530 Only) SUP/CUP SUP/CUP Services Animal Veterinary Services (No Boarding) ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Gas Station (Transects at SR 9 / SR 531 Only) ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Bank/Financial 14 ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Day Care Center ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Lodging: Bed and Breakfast - - - Hotel/Inn SUP/CUP II/III SUP/CUP II/III - Medical: Medical Clinic ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Doctor/Dentist Office ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Office Professional Office ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ORDINANCE NO. 2026-XXX 7 {OER4923-7580-4594;1/13217.000006/} 14 Drive-thru allowed if access if located off a secondary street. No drive-thru shall be allowed between the primary street and building frontage. Personal Services ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Recreation, Education, Public Assembly Park, Open Space, Playground, Recreation Facility or Outdoor Recreation with Development Permit P P P Public Safety Facility ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Use Table – Continued T4-MS T4-F T4N-MV Land Use – Neighborhood Corridor Recreation Facility – Stand Alone Commercial or Public: Indoor <1,500 sf ZONI ZONI ZONI Indoor ≥1,500 sf ZONI ZONI ZONI Outdoor ZONI ZONI ZONI Religious Assembly SUP II SUP II SUP II School: Public or Private CUP III CUP III CUP III Studio: Art, Music, Dance ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Agriculture Community Gardens - ZONI ZONI Farmer’s Marke ZONI ZONI ZONI Industry, Manufacturing, and Processing Artisan Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Limited Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Furniture and Fixture Manufacturing - ZON/ SUP/ CUP I/II/III - Media Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Printing and Publishing ZON/ SUP/ ZON/ SUP/ ZON/ SUP/ ORDINANCE NO. 2026-XXX 8 {OER4923-7580-4594;1/13217.000006/} Key Use Table Notes P Permissible P = Permissible with a Business License and/or Building Permit depending on the use. ZONI Zoning Type I Permit ZONI = Mixed-Use Project contains 1-19 29 units and commercial or Commercial Only buildings on previously subdivided lot. SUP II Special Use Type II Permit SUPII = Mixed-Use Project contains 20-49 30-99 units and commercial. CUP III Conditional Use Type III Permit CUP III = Mixed-Use Project contains 50100 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. Section 05. Arlington Municipal Code section 20.110.014(c)(2) Community Center Map #2 shall be repealed and replaced as follows: CUP I/II/III CUP I/II/III CUP I/II/III Transportation, Communication, Infrastructure Parking Facility: Public ZONI ZONI Public Utility ZONI ZONI ZONI Wireless Telecommunications Antenna <20’ ZONI ZONI ZONI Antenna ≥20’ - ZONI - Accessory Accessory Building Structure P P P ORDINANCE NO. 2026-XXX 9 {OER4923-7580-4594;1/13217.000006/} Section 06. Arlington Municipal Code section 20.110.014(c)(3) Use Table shall be hereby amended as follows: Use Table T4-MS T4-F T4N-SV T4N-MV Land Use – Neighborhood Corridor Residential Dwelling: Attached ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Detached - - ZON/ SUP/ CUP I/II/III - Multi-Family ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Accessory Dwelling - - P - Home Occupation P P P P Commercial Retail: Floor Area <10,000 sf ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III Floor Area ≥10,000 sf SUP/CUP II/III SUP/CUP II/III - SUP/CUP II/III Restaurant/Bar Eating or Drinking:14 Floor Area <10,000 sf ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III Floor Area ≥10,000 sf SUP/CUP II/III SUP/CUP II/III - SUP/CUP II/III Services Animal Veterinary Services (No Boarding) ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III Bank/Financial14 ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III Day Care Center ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III Lodging: Bed and Breakfast - - ZONI - Hotel/Inn SUP/CUP SUP/CUP - SUP/CUP ORDINANCE NO. 2026-XXX 10 {OER4923-7580-4594;1/13217.000006/} 14 Drive-thru allowed if access is located off a secondary street. No drive-thru shall be allowed between the primary street and building frontage. II/III II/III II/III Medical: Medical Clinic ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III Doctor/Dentist Office ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ZON/ SUP/ CUP I/II/III Office Uses: Professional Office ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Personal Services ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Recreation, Education, Public Assembly Park, Open Space, Playground, Recreation Facility, or Outdoor Recreation with Development Permit P P P P Public Safety Facility ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ORDINANCE NO. 2026-XXX 11 {OER4923-7580-4594;1/13217.000006/} Use Table T4-MS T4-F T4N-SV T4N-MV Land Use – Neighborhood Corridor Recreation Facility: Stand Alone Commercial or Public Indoor <1,500 sf ZONI ZONI ZONI ZONI Indoor ≥1,500 sf ZONI ZONI ZONI ZONI Outdoor ZONI ZONI ZONI ZONI Religious Assembly SUP II SUP II SUP II SUP II School: Public or Private CUP III CUP III CUP III CUP III Studio: Art, Music, Dance ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Agriculture Community Gardens - ZONI ZONI ZONI Farmer’s Market ZONI ZONI ZONI Industry, Manufacturing, and Processing Artisan Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Limited Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Furniture and Fixture Manufacturing ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - - Media Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Printing and Publishing ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III Transportation, Communication, Infrastructure Parking Facility: Public ZONI ZONI - Public Utility ZONI ZONI ZONI ZONI Wireless Telecommunications: Antenna <20’ ZONI ZONI - ZONI Antenna ≥20’ - ZONI - - Accessory Accessory Building Structure P P P P ORDINANCE NO. 2026-XXX 12 {OER4923-7580-4594;1/13217.000006/} Key Use Table Notes P Permissible P = Permissible with a Business License and/or Building Permit depending on the use. ZONI Zoning Type I Permit ZONI = Mixed-Use Project contains 1-19 29 units and commercial or Commercial Only buildings on previously subdivided lot. SUP II Special Use Type II Permit SUPII = Mixed-Use Project contains 20-49 30-99 units and commercial. CUP III Conditional Use Type III Permit CUP III = Mixed-Use Project contains 50100 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. Section 05. Arlington Municipal Code section 20.110.014(c)(4) Use Table shall be hereby amended as follows: Use Table T5-MS T5-F T5N-LV T5N-MV Land Use – Neighborhood Corridor Residential Dwelling: Attached ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Detached - - - Multi-Family ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Accessory Dwelling - - - - Home Occupation P P P - Commercial Retail: Floor Area <10,000 sf ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Floor Area ≥10,000 sf SUP/CUP II/III SUP/CUP II/III SUP/CUP II/III - Restaurant/Bar Eating or Drinking:14 Floor Area <10,000 s ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Floor Area ≥10,000 sf SUP/CUP II/III SUP/CUP II/III SUP/CUP II/III - Drive Thru Services SUP/CUP Services ORDINANCE NO. 2026-XXX 13 {OER4923-7580-4594;1/13217.000006/} 14 Drive-thru allowed if access is located off a secondary street. No drive-thru shall be allowed between the primary street and building frontage. Animal Veterinary Services (No Boarding) ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Bank/Financial 14 ZON/ SUP/ CUP I/II/III SUP/CUP II/III SUP/CUP II/III - Drive Thru Services SUP/CUP Day Care Center ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Lodging: Hotel/Inn SUP/CUP II/III SUP/CUP II/III SUP/CUP II/III - Medical: Medical Clinic ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Doctor/Dentist Office ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Office: Professional Office ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Personal Services ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Recreation, Education, Public Assembly Park, Open Space, Playground, Recreation Facility, or Outdoor Recreation with Development Permit P P P - Public Safety Facility ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - ORDINANCE NO. 2026-XXX 14 {OER4923-7580-4594;1/13217.000006/} Use Table - Continued T5-MS T5-F T5N-LV T5N-MV Land Use – Neighborhood Corridor Recreation Facility: Indoor <1,500 sf ZONI ZONI ZONI - Indoor ≥1,500 sf ZONI ZONI ZONI - Outdoor ZONI ZONI ZONI - Religious Assembly SUP II SUP II SUP II - School: Public or Private CUP III CUP III CUP III - Studio: Art, Music, Dance ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Agriculture Community Gardens ZONI ZONI ZONI - Farmer’s Market ZONI ZONI ZONI - Industry, Manufacturing, and Processing Artisan Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Limited Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - - Furniture and Fixture Manufacturing ZON/ SUP/ CUP I/II/III - - - Media Production ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Printing and Publishing ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III ZON/ SUP/ CUP I/II/III - Transportation, Communication, Infrastructure Parking Facility: Public ZONI ZONI ZONI - Utility ZONI ZONI ZONI - Wireless Telecommunications (Chapter 20.44.034): Antenna <20’ ZONI ZONI ZONI - Antenna ≥20’ ZONI ZONI ZONI - Accessory Accessory Building Structure P P P - ORDINANCE NO. 2026-XXX 15 {OER4923-7580-4594;1/13217.000006/} Ke Use Table Notes P Permissible P = Permissible with a Building Permit and/or Business License depending on the use. ZON I Zoning Type I Permit ZONI = Mixed-Use Project contains 1-19 29 units and commercial or Commercial Only buildings on previously subdivided lot. SUP II Special Use Type II Permit SUPII = Mixed-Use Project contains 20-49 30-99 units and commercial. CUP III Conditional Use Type III Permit CUP III = Mixed-Use Project contains 50100 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. Section 07. Arlington Municipal Code Table 20.110-23 shall be hereby amended as follows: Table 20.110-23: Review Authority Review Authority Type of Action 1,2 Director Hearing Examiner Snohomish County IIerior Court Planning Commission City Council Administrative and Legislative Actions Comprehensive Plan Amendment Recommend Decision Zoning Map Amendment Recommend Decision Land Use Code Amendment Recommend Decision Development Permits and Appeals Certificate of Home Occupation Decision Conditional Use Type III Permit Recommend Decision Appeal Special Use Type II Permit Decision 3 Decision 3 or Appeal 3 Appeal 3 Zoning Type I Permit 4 Decision Appeal Design Review with Mixed Use Overlay Projects Decision Decision or Appeal Appeal Lot Line Adjustment Decision Variance 5 Decision Appeal 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. 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 ORDINANCE NO. 2026-XXX 16 {OER4923-7580-4594;1/13217.000006/} 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 Type II Permit follows the regulations of AMC Chapter 20.16. If the Director makes the Special Use Type II Permit decision, then the decision is appealable to the Hearing Examiner. If the Hearing Examiner makes the Special Use Type II Permit decision, then the appeal is to Snohomish County Superior Court. 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 Type I Permit, a Special Use Type II 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. 5 The process for variances shall follow the provisions contained in AMC Section 20.20.30 (Variances). Section 08. Arlington Municipal Code section 20.110.014(o) 3, 5 & 10 shall be hereby amended as follows: 3. Applicability a. Permit Review Required. No Building Permit shall be issued for any structure or improvement identified in Table 20.110-23 (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 Type III Permit, Special Use Type II Permit). 5. Applicable Review Authority. An application for Project Review shall be reviewed and approved or denied by the Review Authority specified in Table 20.110-24 (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 Type III Permit, Variance etc.) in compliance with Table 20.110-22 (Review Authority) and the provisions of this Mixed Use Code. 10. Zoning/Special Use Conditional Use Type I/Type II /Type III Permits i. Purpose. The purpose of a Zoning Type I Permit (ZONI), Special Use Type II Permit (SUPII) or Conditional Use Type III Permit (CUPIII) is to provide sufficient flexibility in the permitted use regulations in order to further the objectives of this Mixed-Use Code. A ZON I, SUP II or CUPIII 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 Type II 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 ORDINANCE NO. 2026-XXX 17 {OER4923-7580-4594;1/13217.000006/} 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 Type I Permits shall be approved or denied by the Director, Special Use Type II Permits shall be approved or denied by the Director or Hearing Examiner. The Director may choose to refer any Type II Permit application to the Hearing Examiner for review and final decision. Conditional Use Type III 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). iii. Application Filing, Processing, and Noticing. 1. Filing. An application for a Zoning Type I Permit, Special Use Type II Permit or Conditional Use Type III Permit shall be filed and processed in compliance with Chapter 20.16 (Permits and Land Division Approval). 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 Type II Permit or Conditional Use Type III 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 v. Served by thoroughfares adequate to accommodate vehicle and other modes of transportation that the proposed use would likely generate. vi. 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 ORDINANCE NO. 2026-XXX 18 {OER4923-7580-4594;1/13217.000006/} the property is located; and vii. The applicant agrees in writing to comply with any and all of the conditions imposed by the Review Authority with the approval of the Special Use Type II Permit or Conditional Use Type III 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). ix. 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 09. Arlington Municipal Code section 20.110.014(p)7. shall be hereby amended as follows: 7. Effect of Conditional Type III/Special Use Type II Permit Requirements. i. Absence of Conditional Type III/Special Use Type II Permit. A use lawfully existing without the approval of a Conditional Type III Permit or Special Use Type II 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 Type III Permit or Special Use Type II Permit. ii. Previous Conditional Type III Permit in Effect. A use that was authorized by a Conditional Type III 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 Type III Permit and conditions of approval. Section 10. Arlington Municipal Code section 20.110.016(a) shall be hereby repealed and reenacted as follows: 20.110.016(a) General Definitions ADA - Americans with Disabilities Act. Accessory Dwelling Unit. A dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, townhome, or other housing unit. 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 but are not limited to 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 ORDINANCE NO. 2026-XXX 19 {OER4923-7580-4594;1/13217.000006/} 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. 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. Animal Services. An establishment where animals are treated. 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. Arterial Street - larger road or highway purposed to carry longer trips across the region and to other regions. Artisan Production. On-site production of goods by hand manufacturing which involves the use of hand tools and small-scale equipment. Automatic Teller Machine (ATM). A type of banking and financial services with automated or self-service banking features with no staff or personnel provided. Avenue: 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. 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. 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. Block: the aggregate of private lots, passages, rear lanes and alleys, circumscribed by thoroughfares. Boulevard: 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 occurs 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 ORDINANCE NO. 2026-XXX 20 {OER4923-7580-4594;1/13217.000006/} 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. 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. 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. Commercial: the term collectively defining workplace, office, retail and light manufacturing/industrial functions. Commercial Retail. Stores and shops intended to serve the city as destination retail and/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. Civic Space - an outdoor area dedicated for public activities. Community Garden. A site used for growing plants for food, fiber, herbs, and flowers and shared and maintained by community residents. 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. 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. 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. Day Care Home, Child. A childcare 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. Density - the amount of development within a given area, usually expressed in dwelling units, population, or employment per acre or square mile. ORDINANCE NO. 2026-XXX 21 {OER4923-7580-4594;1/13217.000006/} 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. 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/Drinking Establishment. A business selling ready to eat food and/or beverages for on or off-premises consumption. Emergency Services - services to the public for emergencies and related buildings or garages (e.g., ambulance, fire, police, and rescue). 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. 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 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". Green Infrastructure - An interconnected network of waterways, wetlands, woodlands, wildlife habitats, and other natural areas of county-wide significance. 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 with onsite clients • Auto repair • Auto sales • Any use that would cause similar impacts. Infill - occurs when new buildings are built on vacant parcels within city service boundaries and surrounded by existing development. ORDINANCE NO. 2026-XXX 22 {OER4923-7580-4594;1/13217.000006/} 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. Limited Production. Manufacturing of finished parts or products, primarily from previously prepared materials. This classification includes 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. 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. Local Streets - serve immediate access to property and are designed to discourage longer trips through a neighborhood. 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. 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. 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 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 Development planning techniques and treatment practices are exhausted and only where absolutely necessary, a structural Best Management Practice is implemented. 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 ORDINANCE NO. 2026-XXX 23 {OER4923-7580-4594;1/13217.000006/} 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. 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. 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. Natural Areas - are open lands left in a primarily natural state that contain significant natural, cultural, aesthetic, or recreational features that warrant protection. Neighborhood - includes both geographic (place-oriented) and social (people-oriented) components 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. Obstruction - any structure or tree that exceeds permissible height limitations or is otherwise hazardous to the landing or taking off of aircraft. 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. 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. 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. 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 for public purposes. Does not include towing and impound facilities. 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. ORDINANCE NO. 2026-XXX 24 {OER4923-7580-4594;1/13217.000006/} Permit; Type III. 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 Type III Permit allows the City to consider uses that may be essential or desirable 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 Type III Permit may be requested. Permit; Type II The purpose of a Type II Permit (II) is to provide sufficient flexibility in the permitted use regulations in order to further the objectives of this Mixed-Use Code. A Type II 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. A Type II Permit may be initiated by either an applicant or the Director. Permit; Type I. 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 Type I 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 Type I 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 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. 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. Primary Structure. The main structure on a lot, containing a residential, commercial, office or industrial use. Primary Road- Smokey Point Boulevard from 164th St NE to 200th St NE, 172nd St from I-5 to 91st St NE and 204th St NE from 67th St NE to SR 9 NE. Public Buildings - include civic and community centers, public schools, libraries, police and fire stations and other public buildings. 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 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. Public Services and Facilities - include police, fire, emergency services, sewage, refuse disposal, drainage, local utilities, rights-of-way, easements, and facilities for them. ORDINANCE NO. 2026-XXX 25 {OER4923-7580-4594;1/13217.000006/} 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 but are not limited to: amusement and theme parks; picnicking ; 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. Redevelopment - occurs when new development replaces outdated and underutilized development. Residential Dwelling Unit – Attached. A residential use consisting of a single building containing two dwelling units or more which share a common wall (including without limitation the wall of an attached garage or porch), but located on separate lots containing no other dwelling units in such a manner that a lot line bisects the building along the common wall and that each dwelling unit is completely on a separate lot Residential Dwelling Unit – Detached. A residential use consisting of a single detached building containing one dwelling unit and located on a lot containing no other dwelling units. Residential Dwelling Multi-family. A residential use consisting of a building containing three or more dwelling units. For purposes of this definition, a building includes all dwelling units that are enclosed within that building or attached to it by a common floor or wall (even the wall of an attached garage or porch). 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 non-toxic computer components. 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. Secondary Road all public streets not otherwise identified as a Primary Road. 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. 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 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 ORDINANCE NO. 2026-XXX 26 {OER4923-7580-4594;1/13217.000006/} 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.). 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. 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. Transit-Oriented Development (TOD): 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 Growth Boundary - the line on a map that is used to mark the separation of urbanized land from rural land and within which urban growth should be encouraged and contained and outside of which urban development should not occur. Vehicle Services, Service Station, Gas 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 are incidental to the use. 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. 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 ORDINANCE NO. 2026-XXX 27 {OER4923-7580-4594;1/13217.000006/} not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections. 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. 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. 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 ______ day of _____________________, 2026. CITY OF ARLINGTON ____________________________________ Don E. Vanney, Mayor ATTEST: ___________________________________ Raelynn Jones, City Clerk APPROVED AS TO FORM: ___________________________________ Oskar Rey, City Attorney City of Arlington Council Agenda Bill Item: WS #6 Attachment F COUNCIL MEETING DATE: June 8, 2026 Airport On-Call Engineering Professional Services Agreement - Amendment Amendment and Professional Services Agreement Airport; Lorene Robinson, Airport Operations Coordinator 360-403-3472 EXPENDITURES REQUESTED: $30,000 BUDGET CATEGORY: Professional Services BUDGETED AMOUNT: LEGAL REVIEW: Services Agreement with DOWL, the Airport’s current on-call engineering consultant. The existing agreement limits the annual contract amount to $15,000. Staff is requesting an amendment to increase the annual contract amount to $30,000 to accommodate current and anticipated engineering service needs. The requested increase is necessary to cover additional engineering services that were not anticipated in the original contract amount. These services included evaluation of glider operating areas to support airport planning and operational safety, which exceeded the Airport’s routine on-call engineering needs. Increasing the contract amount will allow the airport to cover these unanticipated services and continue move to authorize the Mayor to execute an amendment to the Airport On-Call Engineering Professional CONTRACT AMENDMENT Service Provider: Name, Title Signature City of Arlington: Name, Title Signature Contract Name Project No This amendment extends all of the terms of the existing Agreement, including the existing Scope of Work, with the exception of the new additional amendments: IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on ________________. City of Arlington Council Agenda Bill Item: WS #7 Attachment G COUNCIL MEETING DATE: June 8, 2026 Airport Quarterly Report Airport 2nd Quarter Report Airport; Marty Wray, Director EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: HISTORY: ALTERNATIVES: RECOMMENDED MOTION: Airport 2nd Quarter Report 1 • Master Plan and Obstruction Survey Project: Century West Engineering, in coordination with airport staff, initiated this project in fall 2024. The project is currently 77% complete. After the FAA reviews, and approves, the most recently completed section, the project team will proceed with the final section. • EV Charger Installation Project: The EV charger was installed in the airport parking lot earlier this year. Usage rates have been approved and will be included in the City’s rates and fees schedule. Airport staff are coordinating final steps with the electrical contractor and vendor to complete activation. • Perimeter Fencing Project – Stage 2: The project scope and design are currently being finalized. Following review by city staff and tenants, the project will move forward to the bidding phase. Construction is anticipated to begin later this year. • Taxiway Alpha Mill and Overlay Project: The construction phase of the Taxiway Alpha Mill and Overlay Project was completed in 2025. Airport staff are currently finalizing a change order to relocate the Taxiway A1 holding position in response to tenant input and FAA recommendations. This additional work is anticipated to occur this summer. • FOD (Foreign Object Debris) Commander Purchase: The airport is currently in the process of purchasing a FOD Commander for airfield use. A FOD Commander is specialized airfield equipment used to remove foreign object debris from runways, taxiways, and other paved aircraft operating surfaces. This debris can damage aircraft and create operational safety hazards. The Airport’s current FOD Commander has exceeded its useful life and requires replacement. Replacing the unit is necessary to continue to support the safe and efficient operation of the airport. • Community Aviation Revitalization Board (CARB) Electric Sweeper Loan: Airport staff applied for, and were awarded, a CARB loan for the purchase of an electric airport sweeper in the amount of $353,242.00. The CARB loan program is a financing tool that helps public- use airports fund eligible capital projects and equipment purchases. • RWY 11/29 Legacy Determination: Staff are working with the FAA in receiving a Legacy Determination for the airport’s crosswind runway, 11/29. Once finalized, this will allow the airport to receive FAA grants for the crosswind runway, potentially saving the airport millions of dollars by bringing the surface up to standard with grant funding rather than paying for the projects from the airport’s budget. Paying for these projects out of the airport funding would take years to complete. The plan is to remove unnecessary parallel surfaces, which will decrease maintenance on the runway, thus saving money on maintenance costs. Additionally, KAWO staff plans on installing LED runway lights to increase safety for pilots using the runway at night. Lastly, the runway must be shifted west. Airport 2nd Quarter Report 2 • WSDOT SR531 (172nd) Widening Project: Staff are working with WSDOT and the FAA on the project. The airport will be losing approximately 3 acres of land on the south side of 172nd. However, WSDOT will be reimbursing the airport with a fair market value payment. The assessment for the purchase of land was vetted by a third-party company. Additionally, the project will necessitate an upgrade to the approach lighting system (MALS). The MALS upgrade will be funded by WSDOT. This portion of the project is scheduled to start June 15, 2026, and be completed by September 17, 2026. • Hangar Clean-Out Event: Is an event sponsored by Arlington Airport for all hangar tenants to remove unwanted hangar trash from their hangars. It will run from June 2nd- June 14th. • Staff are sad to see airport operations intern, Jacob Nguyen, leave us but we are proud he landed a much-coveted operations specialist job at Paine Field. Jacob spent the last two years working with staff inspecting the airfield property, assisting in project management, event planning, and incident/accident response. • Staff would like to introduce new operations specialist Conor Baer. In addition to being a pilot, he brings 10 years of aviation experience to the airport team, including experience managing a Fixed Base Operation (FBO), aircraft maintenance, fueling operations, and training facilities. City of Arlington Council Agenda Bill Item:WS# 8 Attachment H COUNCIL MEETING DATE: June 8, 2026 M & O Quarterly Report Quarterly Report Maintenance and Operations Department; Josh Grindy, Maintenance and Operations Manager EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: ALTERNATIVES: Maintenance & Operations Quarterly Report March/April/May 2026 Challenges/Opportunities/Highlights • Staffing: o All 15 Full Time Employee positions are currently filled. o All 10 Seasonal positions have been filled. o In March one staff member obtained their CDL license. o In April one staff member completed their Aquatics Facility Operator certification with State of WA. o In April one staff member completed their Backflow state certification. • Department of Corrections (DOC) Work Crews: o For the months of March to June the DOC crews have been reliable working 2-3 days a week. o With the reliable crews they have been arriving with teams of 5-6 inmates per day. o Upon request, DOC is providing an additional 1-2 teams per month for all of 2026 and 6 additional days for the month of June. • Streets: o March:  60 Potholes were filled.  7 Sidewalks were repaired.  40 street signs were cleaned. o April:  43 Potholes were filled.  19 Sidewalks were repaired.  25 street signs were cleaned. o May:  15 Pothole were filled.  3 Sidewalks were repaired. March: M&O staff responded to a tree across the roadway on 172nd following high winds. April: Semi Annual Alley maintenance completed. May: Staff completed annual street equipment trailer training maintenance. • Facilities: o April: Staff removed the CED filing cabinet allowing for more space in the storage room. o May: Quarterly HVAC preventive maintenance completed. o June: HVAC repair completed at Police Department with contractor for refrigerant leak. • Parks: o March: Legion Park Gazebo resurfacing was completed by contractor utilizing the park mitigation funds. o April: Splash pad preparation and cleaning completed. Annual Snohomish County Permit to Operate was completed with no write ups. o May: Staff Planted 2 large donations of flowers and plants from Salt of the Earth in the Parks and city hall planters. o June: Staff are focusing on Downtown Legion Park, Haller Park and Centennial trail cleanup before all the July events. • Airport: o March: M&O staff installed the concrete pad and bollards for the new electric vehicle charging station. o May: Airport staff provided annual training to M&O on accident response and moving aircraft utilizing new tug. Online Citizen requests March/April/May 2026  Challenges: o Ballfield scheduling & billing and having an online system that supports our needs. The new online system currently being used since January 2026 has a lot of room for improvement. o Staffing to meet the demand. We have 2 staff out on long periods of Paternity leave this summer and this limits our ability for larger projects. o Budget restraints with current economy.  We are continually looking for ways to save on purchases by making bulk orders.  Eliminating Overtime within our staff has been difficult with filling the need of all the events on shift changes. Month # of Requests January 6 February 9 March 13 April 15 May 16 June July August September October November December 2026 59