HomeMy WebLinkAboutOrdinance No. 2026-015 - Amending Chapter 20.16 of the AMC Regarding Permits and Land Division Under City Planning No. PJ25-0048ORDINANCE NO. 2026-015
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 z^^: v pe....4 Type I permit issued by the Community and Economic Development
Director or his/her designee.
(2) A sn^� use Type Il 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 eend+tienal i e Type III permit issued by the Hearing Examiner.
(b) Type f, II and III permits 72on . g peFwit speeial use peFmits, use per -wits, ti:
66LninostF to ,^ rt4r44-l4i'4RaI use n r;t , 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 ^^^,_itieAal -�^ Type III permit issued by the Hearing Examiner for major
subdivisions or in accordance with a Type I permit issued by the Community
and Economic Development Director for ff4R+ -short subdivisions (see Part IV. Land Division
Permits, of this chapter).
(d) A�A'4`� t, `'NA2c-i n rmi#�d4-k3-l-'k+ e 3 FMitr A.G.t1 litienal 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 36.7013.140. The
following types of permits are exempt from the provisions of RCW 3.7013.060 through
*36.70B.090, 36.7013.110 through 36.706.130, 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 Reviev., ar+d 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
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(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, radiRg, Patin , P e and Civil G^Rstio i Permits
(15) Water/Sewer Availability and UtWit„ S r,,;
(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__
OF „13diViSi n plat apffeYG1 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).
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
ppeappiieatioi� 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 Pro'ect 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, UsiRg the
c ,
permit . ati,,,., g thrhighest deg-ee 9f r ,,, Rd .d„. °^n-n,a
long. sub'ect 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 hi her -numbered review type maV be suspended until review
of the latter permit is complete
04�clWhere 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.
(�ILThe 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.
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�Le� 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.
(1) 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).
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(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.
(1) 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 &peeia� Tie 11 or GenditieRalType 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 WaFd., 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.
Col
(a) All applications for ��4-u.se. ronditio-R l useor dmiH,istFatWe use
rp 2ject 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 J+ste#
sul+missian FequifemeAts (prepared by the Community and Economic Development
Director, as authorized in Subsection (e)J 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 applicationf9F a �ening,special use,
.,d`-.-inistFative Rani,.•-, . peFmit, ., plat a �, the Community and Economic
Development Director shall review the application and, at his/her discretion, confer with
the applicant to ensure that the planning staffs 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 ap4caie4
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 11 Permit Special I ice Pe mits aRG
CORditieRal Use PeRnitS) 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.
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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 _ , 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:
a 'r . .
,FeEjuestf�9F SUGh RG,tfmGat e -t h 6"O remit. Rd Cc,-nom __Development Direct
(e) in the ease of - @niRg peFpiks f9F mi_ReF subdivisions, i; i �g .`srke piaRS, aAdLiflit 110t
SUbdiViSiORS,the C-8 Rity and EGGRrlrrii Development Dire tGr hall always issue public
eti - s described in Sub EtieR (d)
20.16.220 Proiect Permits.
(a) A completed application form for a project permit shall be submitted to the Community and
Economic [development Director by filing a cony of the application with the planning
department,
(b) Type II Permits are made bV the Community and Economic Development Director- except
that fora 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 reauested 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
21 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
0
(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 a&oining 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;
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:
10
I TJ
ally;
i31 WhetheF .b ks fae lities ideRtifin�ri . Rh 4; el DI- n available,, a r� @Oeq�iate, Of the plaR OF
_ -these
Section 13. Arlington Municipal Code section 20.16.220-1 shall be hereby added as
follows:
Type I
Type II
Type III
Type IV
Director Decision
Director Decision
Hearing Examiner
City Council
Without Notice
With Notice
Decision
Decision
Administrative
SEPA Determination
Cottage Housing
Rezone
Conditional Use
(100+ units)
Permit
_
Adult Family Home
Cottage Housing (30
Multi -Family
Development
Conversion
to 99 units)
(100+ units)
Agreement
Project
Critical Areas
Multi -Family
Mixed Use
Annexation
Permit
Evaluation
(30 to 99 units)
(100+ units/
Types
30,000sf or more)
Cottage Housing
Commercial/
Shoreline
Comprehensive
(29 or less units)
Industrial Site Plan
Conditional Use
Plan Amendment
Review
Permit
(30,000sf or more)
11
Multi -Family
Mixed Use
Shoreline Variance
Zoning Code
(29 units or less)
(30 to 99 units/
Permit
Amendment
30,000sf or more)
Commercial/
Forest Practice
Battery Energy
Subarea Plan
Industrial Site Plan
Storage System
Review
(Tier 3)
(29,299sf or less)
Mixed Use
Shoreline
Preliminary
(19 units/29,999sf
Substantial
Subdivision
or less)
Development
Master Sign
Battery Energy
Preliminary Unit
Program
Storage System
Lot Subdivision
(Tier 2)
Design Review
Binding Site Plan
Critical Areas
Variance
Administrative Code
Preliminary Short
Critical Areas
Interpretation
Plat
Reasonable Use
(9 or less)
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 4-e-4.
(a) The Community and Economic Development Director shall give public notice of any
application filed for a land division} pert -nit, r-e-i-4 use ;4 9F-a Yaraance
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Type 11 or Type III permit or other permits at the director's discretion by issuing, distributing,
and advertising a "Notice of Application" as follows:
i11 Public Noticinp- Locations:
Permit Type
Mail
Publish
Post
Type I
Administrative Code Inter retation
X1
Type II
X
X
X
Type III
X
X
X
Rezone
X
X
X
Development Agreement
X
Annexation
X
X
X
Zoning Code Amendment
X
X
Subarea Plan
XZ
X
X
1 Administrative Code Interpretations shall post only the final determination on the Cit 's
website
2Only property owners located within the subarea shall receive a postcard.
{�} (2j, 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) L3LNotice shall be given to neighboring property owners by mailing a written "Notice of
Application Fed" 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 hund-Fe
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.
{} 141 A copy will be posted on the official notification boards of the City.
,44 ll A copy will be posted on the City's website on the public notice page.
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.
(64 (-/)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.
�44 LqJ A copy will be sent to all other agencies with jurisdiction.
{94 191 Notice shall be given to other potentially interested persons by publishing a notice one
time in a newspaper having general circulation in the area.
4) LL01 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.
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C.
(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.
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;
(1) 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;
(0) 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.
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.
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 vaFi- nce OF S^^rz"'
seR FR# Type 11 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.
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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 se eir 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 speeial
USE Q;-G-4-tieRal use rp olect 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 e Type II Permits.
In considering whether to approve an application for a Speei „-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 ce-Rdi+i^^^' Type III permit applications §20.16.255 (Hearing Examiner
Action on Conditional 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
15
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—(•'ease-Pe„mits—and CeRdionall 'Use PeFR
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's 4 r- 22S (d)(Sp l U PeFFAAS and CE) jdirei4al Wse Perm1t 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 Gendile T' Type HI Permits.
(a) When presented to the Hearing Examiner, the application for a Ganditienal i Type II I 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.
16
(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 oRd- A-Ra' 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 §20.1E.225 (Speeial Wse PeFMi#5
a4d CGRdit e Ral o,..-P44 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 r!afiing.Slaeeial-Use.Condifienal Use and
A4+41-1istr-.,tive Gond:tionai r'se Projeci Permits.
(a) Subject to Subsection (b), in granting a _,
nnditi nal ,., r�l 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.
17
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 ag-encies (such as local tribes) in permits. approvals and
recommendations issued pursuant to this Title.
(0 Without limiting the foregoing, the permit -issuing authority may attach to a permit a
condition limiting the permit to a specified duration.
(4)All additional conditions or requirements shall be entered on the permit.
(f) WAll 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 _,�„° • �, ��'1. �Y �����!itiw�.: ;�: 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 z.aning peFFRitS, nditjGRal YY PerMitSY and bGHRd' ' line
ad;YYts Tape I (permits that do not require public notice) shall be issued within 65
days of the determination of complete application. if a VaAa ace iFing Julie
heaFing) 05 Fequir-ed with these PeFMit types, that FeElwife5 public notice, theR tke fi
(2) A notice of final decision for special ogre -permits, SSA 9Rly PeFFAits, varianr=e, MiROF (nine
lets 9F less) sheFt YI-At '94dil ens Type II
(permits that require public notice) shall be issued within 100 days of the determination
of complete application. If a nc (Fe Y Pf;g public- hear'Rg) is FequiFed 9F if a hearing
is requested as part of the &p � 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 eenditi^^ e Type III permits, maje. (teR lots eF MaFe
play, iv+s+enbindk4g-54plans, and- unit let subdivisions (permits that require
public notice and public hearings) shall be issued within 170 days of the determination of
complete application.
(d) If, at anytime, 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
18
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 Zan;,g Pemqsnd AdministFative Gand",-`Ewal Us.- Tvpe 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 Spe6a' Use any, Gefiditie 'tee 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) ZGRiRg_ ,
pFeli,,,r. ary major piet) Project Permits (other than preliminary plats and administrative
conditional usepermits), 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) 'e..:. ^ . eFM Permits for preliminary miser plats P 1se permits ��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).
IM
(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 Assign ).
(e) ForZGninrt al ° se and .-enditienal u rp oject permits otherthan for preliminary
a4:��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 mi 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 fora 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
ditieFia4�-,e Type III permit application, or (ii) the Community and Economic Development
20
Director or Hearing Examiner disapproves an application for a speeial use Dili permit eF a
a;Ta,TEe, 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 of ,5e
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 permit,rp olect
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 Type I Permit), §20.16.340
(Authorizing Use, Occupancy, or Sale Before Completion of Development Under Spec-��
Conditional Use Per;:jt±1Type 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 ce-Rditie-Ral--usae, spec4 use,, Zoning,—eF
a, „4;RstFati�,e en-,RdPtieRal use ro"ect 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&fflitlg
Tti pe I Permit_
In cases when, because of weather conditions or other factors beyond the control of the -k&r+i
Type permit recipient (exclusive of financial hardship), it would be unreasonable to require the
ti±ie 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
21
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
Tvpe 1I_or Tvne III Permits.
(a) In cases when, because of weather conditions or other factors beyond the control of the special
tise or eenditianal use Type Il or Tv . c i I 1 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 Ward issuir3V Mllhority 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 ./aning, Spteial -k-'se. a
( ii;t n� Use
°'er-miss 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 Revocatio
(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.
22
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) &Riflg, specie.;-e[S,. and eenditional t 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 ofZoliin E)r Goii.°;+;, nal' Use Type I or Type 111 Permits for Mine
Preliminary Subdivisions.
(a) The approval of a zening Type II permit for a preliminary nine short subdivision or a
Tvl2e [I permit for a preliminary ffh or subdivision constitutes approval of the
general concept and layout of the plat and verifies that the proposal is feasibie 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. Speeial [.Ise. 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 DeviLitlons 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 = , jai use ,.."„►i--Lnal us 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
23
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 MajeF, MineF Subdivisions and Unit Lot Subdivisions.
MajaF-a+aa-m;;,oF 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
use peFfflit Type III or Type I zeRiRg 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 Mao-r aid-PAi eF 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 m ajGF and miner 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 Subdivision Approval Process) and
recorded in the Snohomish County Registry.
24
Section 36. Arlington Municipal Code section 20.16.415 shall be hereby amended as
follows:
20.16.415 Restrictions on Nfiner Short Subdivisions.
A lot that is created by a m f*r short subdivision shall not be further divided by minef short
subdivision for a period of five years following the date of recordation of the last "line short
subdivision of the property. Any further subdivision proposed within said five-year period must
be processed as a wqjo+-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 Men O.. and N4inoj- Subdivision Approval Process.
(a) The Community and Economic Development Director shall approve or disapprove final
subdivisions (plat) and final mina 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
25
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 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) N49jeF skibdivisions 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) M.- SUbdiv isions: one (1) inch equals not more than fifty feet, unless
approved otherwise by the Community and Economic Development Director.
(2) Nlitio!-Slion 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. l 6.445 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-
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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) zie fE3T["sr�-1"'`'tY'4—crL2elariitlz7ii—e7r�v�riQasivFr`.i vz 4ia. �:ra�a
I
4-
(e) Not more than 9 lots, including the existing lot, may be created out of one tract using the-miHex f
short subdivision plat approval process within any five-year period measured from the date of
the recording of the last minei- short plat on the property.
(f) No final 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 � 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.
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(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 MajeF or Mi Subdivisions.
(a) A recorded 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 MiROF 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 Adiustments),
(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 SpeGi a'�l Use Type II
Permits, as specified in §;416.225 (SpeGial-Use PeFmits and—Cenditienal Use12
20.16.220 (Protect 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
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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 -N-; 4k+i— and Minoi 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
29
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 I..oi Consolidations.
(a) Minor lot line adjustments and lot consolidations are exempt from the subdivision regulations.
Minor lot line adjustments to existing legal lots and C011.1 1idation of c\jsting le'ual 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 conso I i clated 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 i-wand 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 b the Department��cls��ef
ihan 40 days- and the appropriate processing fee as set by resolution.
30
(d) Said s for- a Found""` line acc bisim A survey must be conducted by or under the
supervision of a registered state -licensed land surveyor. The surveyor shall certify on the
,.o °ndai-•, line-adjus4iieii4 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' okmdary 'i••e aE1 s nien! 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 r„ 1 jef and fin:., 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) Finale subdivision, unit lot subdivision, and binding site plans shall use endorsements (1)
through (7) below.
fSite Piails Shall ase
(1)(2) afld (4) thr-o gh 1yi 1.
(d)(Q4 Boundary Line Adjustments shall use endorsements (1) and,(4) through (7) below.
(e) (4) 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 Comoleti011
of Development Under Speeial Use or. Use Type 11 or Tvpe Ill 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.
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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
115 day of �O YID , 2026.
ATT
Rae ynn 1 n s4ityl k
APPROVED AS TO FORM:
Oskar Rey, C' ' y
Cl OF RLINGTON
66_n E. Vanney, Mayor
32
CERTIFICATION OF ORDINANCE
I, Raelynn Jones, being the duly appointed Clerk of the City of Arlington, Washington, a
municipal corporation, do hereby certify that the following Ordinance No. 2026-015 was
approved at June 15, 2026 City Council meeting.
ORDINANCE NO. 2026-015
r
"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"
A true and correct copy of the original ordinance is attached.
Dated this 16th day of June 2026.
Rael n o es
City Clerk or th ty of Arlington