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Home My WebLink AboutOrdinance No. 2026-017 Amending Chapter 20.110 of the AMC Relating to Mixed-Use Development Regulations Under City Planning No. PJ26-0194ORDINANCE NO. 2026-017 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 TVpe (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. 1 99. 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: AWIT 110 _ T4-MS T44 T4N-SV T54 T5-MS Land Use - Neighborhood Corridor Residential Dwellings: Attached &UPf &UW 9f &f SWIV CIS GU-P C 44-P GUP_ GUP lzjv II [ lI III [ II 1I1 III III III III _ Z04f Detached - U - - I I II III rnai �+g,Iy f off Multi -Family MI/ &UW &U-Py &UW GW I II III Q4P III III GUP I lI GUP WILLII I;4P LdLL II Accessory Dwelling - - P - I - Home Occupation P P P P P Commercial Retail: z41-f '�•I �$PI f Floor Area <10,000 sf &9W Sup/ &UR/ &UW GUP £-I$ QJP CUP I II III III III 11111111 III 111 crt� sup/cup -Sup/cup s" Iz Floor Area >_10,000 sf iu III iu 1II _ II III lu III Restaurant or Bar Eating or Drinking:'-' Floor Area <10,000 sf zow Z-GW -f Z-af &9W &UW Wpf &f GE1-P CUP GUP_ GLIP 11 I II III III Ili I11 Floor Area >:10,000 sf sup/cup cr� - sup/cup sup/cup ILLI 11 II II III II III Drive Th.-„ Se fy; -es- Services _ Animal Veterinary Services (No Boarding) &UW 94Af SUW &UW GW IlHA11 GUP 14LLLI-11 CUP III$ MI[II Bank Financially zw IRWW - f Z04F 2 SW-R� suf 9w &Rf rya Uw 1fI c4P Will 11 GUP 1'1 11/111 CUP ILLU III f &Uw f Day Care Center CUP CUP C44P GUR Cw [ II III III III III III III III iWA 11 Lodging: Bed and Breakfast(Within Detached Residence - - lI - SWC44P SWP/CWP SUP/Cup WRX-4p Hotel/Inn W III I1 iil - I1 A11 WR Medical: ZQN-/ - ¢ Medical Clinic supf @� c1P CUP GUP C41g 14LLIUIII III III 11I 1 II 111 zow zow f Z-ow Doctor/Dentist Office SUPf &W ` L4 R/ s cop 1 II 111 c4P t If I/111 GLLP 1 Il 1.11 CUR III III Office Uses: Z-04/ zow �9 Pl f Pd f sw SUI4 SUPf Professional Office CP CUP C-U,P ckl-P c4P 111 111 III III 1 ll 11 1/11/111 lau III Z-O w Z04/ Z"� &Uw SURf &MZ/ Wp� Wit' Personal Services c-P GUP CJULP CJ1$ c4R I II III III III 111f 111 I I1 Ili 1 11 11 Recreation, Education, Public Assembly Park, Open Space, Playground, Recreation Facility, or P Outdoor Recreation with Development Permit P P P P .' f zw zw zw -SUf sf SUPf &W Public Safety Facility C-UP GULP CAW c6LF CJJg I II III l III 111 ULLLLLI III III - ) se TAk - Coffittmued, T4-MS T4-F T4N-SV T5-F I T5-MS Land Use - Neighborhood Corridor _ Recreation Facility - Stand Alone Commercial or Public: Indoor <1,500 sf l Z" Z"l Z"I Z441 Indoor >_1,500 sf ZGNI Z41411 ZADNI ZAII Outdoor _Z'9-PLI All 7'O- l ZONI Z"l Religious Assembly SLLP II SUP II S-R If SU-R II W12 II 9UP/ suw W/ SUP/ Studio: Art, Music, Dance GULP GUR QJ-R C4R Gup 1 II III 1 11 III 1111111 1 11 111 1 II III Agriculture Community Gardens - Z"l Z-4NI z_1 749-NI Farmer's Market ZONI ZONI - ZONI Z-414I Industry, Manufacturing, and Processing &tW &UW _S_9/ sv_p Artisan Production CJJR IdW GLLP ILLLLI-11 Gup I I1 III GUR III III Gup l II III w Zaw ZGN( z9-w 994 Wpm &UP/ 9UP/ 5UP4 SUP/ Limited Production I II [II C412 1 I[ III CHIP I 11 G" III QILP- III 111 Z04/ zw Z04/ W1-/ Furniture and Fixture Manufacturing 9UP4 s/ - &W/ WP/ Gup I II III C4R 1 II III QJp III II1 G R III III zO-w / 81�# �' z9-w zw &UP/ &W suw sw Media Production CAI$ 1 11 lI L C4I$ III III Q-P- III 111 GUP- III II1 Gup 1 11 111 WR1�9PJ / zw Z(-/ 949/ 99I1/ Cry SUW Printing and Publishing GU4X 1 AI Ill C--p j� 11111I CIW 11 11 C-4R III III Cu-R 1 II III Transportation, Communication, Infrastructure Parking Facili : Public Z_4h4I ZO#1 - I 8PlI Public Utility -Z-Gk l z4NI Wireless Telecommunications Antenna <50'AI_I I - I9PII Antenna >_50' - PII - ZONI - Accessory_ Accessory Building Structure P P P P P 'r Drive-thrti allowed if access is located off a secondary ti re+'t No drive-thrti dial] he allowed between the pt imary street and btflidinp Frontage. Key Use Table Notes P Permissible P = Permissible with a Building Permit and/or Business License depending on the use. Z4941 ZG4H Iype I Permit ZON i = Mixed -Use Project contains 1-4-9 29 units and commercial or Commercial Only buildings on previously subdivided lot. SUP II e"a'c Type II Permit S PI1= Mixed -Use Project contains 20 49-30-99 units and commercial. C4P Gen4kiofm4 GUNII = Mixed -Use Project contains -0100 or more units and commercial. III Ose ' pe 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 See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for use Chapter 20.16. type definitions. 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: T4-MS T4-F T4N-MV Land Use - Nei hhorhood Corridor Residential Dwellings: z4W zeta{ &UW Attached GUP �I1' I II III [ II Il !I! Detached - - - SUPf WP4 Multi -Family c4jP- C44P Cam' I II 1 _11 I 111! ifly III 5 Accessory Dwelling- - - Home Occupation P P P Commercial Retail: Z44p-/ Z9N/N/ Floor Area <10,000 sf -suw GUP &U4Y I II III I Il 11l III III S4P-�P W99-ULP u Floor Area >_10,000 sf LU 111 iu II1 1 I Restaurant Bar Eating or Drinkin .D Floor Area <10,000 sf ZQ/ { &URI Sw &URI QLP G- w GU$ I I1 Ii11 l II 1 II III Floor Area >_10,000 sf sup/Gu sup/cup II I1I II III w III 'rvc, TnT'c CTT� sup/cup iri cirv-rccaTT Services zw Animal Veterinary Services (No Boarding) &U-P/ Gug SUP4 Q-g 1 11_ I III III 11i um zow zow Gas Station (Transects at SR 9 / SR 531 suw sw Only) CUP I/ U 11 CUP MIR zow ZOW Bank/Financial ^= SUP4 C I Ii lil Gup 1 LLLLIII GUR IAWI ZGW Zt)+1 / / sw� suw Day Care Center GULP Cam$ pop I II IIIL 1 i III III III Lodging: Bed and Breakfast - - - Hotel/Inn II III IV-1il - Medical: QPJ/ +aN Z N-/ Medical Clinic -Suw &UP/ G6W Lu 111 QJ$ 111 111 G" YjUll Doctor/Dentist Office y GLLP &URI Cw suw clw I 11 III ILELI11 III III Office zoo/ ZON-/ ZG4/ su/ Professional Office Cup 1 11J111 Ill Ll1[ III III Personal Services�� I II III l II I[I 1 1 l 1 Recreation, Education, Public Assembly _ Park, Open Space, Playground, Recreation Facility or Outdoor Recreation with P P P Development Permit �9 P7 f ZGNP Zf Public Safety Facility SUP4 9UP4 I lI III idu III I Ill 14 Drive-thru allowed if access if located off a secondary street. No drive-thrru shall he allowed between the VrinvaEy strect arid building Fronts e. T4-MS T4-F T4N-MV Land Use - Neighborhood Corridor Recreation Facility - Stand Alone Commercial or Public: Indoor <1,500 sf ZONI z4#I €I Indoor >_1,500 sf z4NI Z-"I Pil Outdoor Z"l Z-O I �9#1 Religious Assembly S4p II SUP II S II School: Public or Private c4p [II C-14-P [II III zf ZONf I f Studio: Art, Music, Dance &UP4 -SLW4 c4p I II III C-4p 1 1[I Cog III LIII Agriculture Community Gardens -PIIblI Farmer's Market I III �$AlI Industry, Manufacturing, and Processing �9-PI-f Z-fii•I� �9-PI-f Artisan Production�f� GU-P 1 Il I11 [ II III III III Limited Production � - CUP I II III ILL j 1=1 Furniture and Fixture Manufacturing - SUW c ILLLL[II - Z9NII Media Production &UPY c4p [ lI III c4p III [II C I [I III Printing and Publishing f zow f f SWf Mu III IIILI LaWll Transportation, Communication, Infrastructure Parking Facility: Public Z_QNI Z441 Public Utili 114"1 70NI ZGkl Wireless Telecommunications Antenna <20' 'I ZlONI Z#I Antenna >_20' - I - Accesso Accessory Building Structure P P P Key Use Table Notes P Permissible P = Permissible with a Business License and/or Building Permit depending on the use. Z04I 20 g Type II 'I_ON1. = Mixed -Use Project contains 1-1-9 29 units and commercial or Commercial Permit Only buildings on previously subdivided lot. -StW II c„or..�i iisn'I' e �� "jJ = Mixed -Use Project contains 20 49 30-99 units and commercial. II Permit� CUP III = Mixed -Use Project contains I-8100 or more units and commercial. III Tyke 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 See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for 20.16 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: 8 Section 06. Arlington Municipal Code section 2O.11O.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: zsu_p� Fps Attached CUP QJP CUP CUP iLLU Ili 1AM III III III III ZI - Detached - - Ci�P I I I1 f f Z f ZOW 99W SUPf &f 9Uf Multi -Family c4P GU_P cop G6P IlJ I11 I I1 III 1il lil l l[ l Accessory Dwelling - - P - Home Occupation P P P P Commercial Retail: :7-g}4 Z i Floor Area <10,000 sf 31� SUPf - GUP CUP CUP l II 1I III III l li 111 Floor Area _>10,000 sf P fi IIC - ll [II LC IIC Restaurant Bar Eating or Drinkin :14 Floor Area <10,000 sf 99W &W I II III LE III [ II III Floor Area >_10,000 sf SUP/Cw-p supg" - su 1C ]C iu III I4 IIC Services zw z4N'j Animal Veterinary Services (No Boarding) SUAF c4p sup CUP - CUP I II III 1 11 111 [ II 111 XON4 zw CSC &UW _SI$f Bank/Financial14 C412 I II III GUP_ 111 II1 - CUI? I Il II -Z: a &UW Day Care Center Go 1 11 1l CI3P III III WP iffu III Lodging Bed and Breakfast Z041 - Hotel Inn' - Il Il[ II II lI IU Medical: eA Z4N4 � SUP4 S�� Medical Clinic CW CUP - I II III_ 1 1 II I LMI11 94A/ Sim/ sup� Doctor/Dentist Office QJP I II III CHIP III III - GUR I 1 11' Office Uses: S S SW Professional Office QJP 1 1I CVP III III C4$ 1 11 III c4P ILLI.M.1 9ON4 z9-PI-/ / &U-P/ �'� S4P4 ` bqy Personal Services CAI$ CW GUR C--P LIU III l Il III III III Litit Recreation, Education, Public Assembly Park, Open Space, Playground, Recreation Facility, or Outdoor Recreation with P P P P Development Permit Z ZON/ zw SUp� Sly4 S Public Safety Facility C4P CW C4p C-61-P LLU 111 iLLU Ill I II III III III 14 Drive-thru allowed if access is located off a secondary streg-t. No drive-thru shall be allowed between the primary street and building frontage. 10 Use Table T4-MS T4-17 T4N-SV T4N-MV Land Use - Neighborhood Corridor Recreation Facility: Stand Alone Commercial or Public Indoor <1,500 sf W-. Z"l ZAFI #I Indoor >_1,500 sf ZONI 7�9- 1 W-N1 �441 Outdoor "i Z"l ZGNI ZNI Religious Assembly II -s4p II Sty II SUP II School: Public or Private 94P III III C4 III c4p III &UPf -SU4'/ _s1w &W- Studio: Art, Music, Dance III$ CUP cop cop li I11 I II III iLLU 111 III III Agriculture Community Gardens -$AII PII I Farmer's Market Z-ON1 I WN1 Industry, Manufacturing, and Processing 4PI¢ yea f f SUw cr� &UW Artisan Production CUP c4p GWLR I II III III III iLLU-1.1 III III $Pl / 1¢ Z04/ - SU-4 sw Limited Production CUP C-" CUP I II III MU III III III zw Z - Furniture and Fixture Manufacturing &W GUR su4q Cup LULM - API 9w ZOW �9AIf sw SUP4 &Uw &U-Pf Media Production c4p c4p cop CUP 1 [[ 11[ I II III 1 1-1 III III Printing and Publishing W J SIR/ p-/ €J-P C c4p GW 1 II III 1AU III [ 11 111 III III Transportation, Communication, Infrastructure Parking Facility: Public II Z"l - Public Utility ZONI I 9II P11 Wireless Telecommunications: Antenna <20' �9nll LV1TI - LVITI Antenna >!20'- Accessory Accessory Building Structure P P P P Key Use Table Notes Permissible P = Permissible with a Business License and/or Building Permit depending on the P use. ZAII Zoning Tyne I Z-941 = Mixed -Use Project contains 1-49 29 units and commercial or Commercial Permit Only buildings on previously subdivided lot. SUP Speeial Use S4PI[ =Mixed -Use Project contains 2-0-9-9-30-99 units and commercial. II T e I[ Permit - CMP rnElitional III U-se €TALI I I = Mixed -Use Project contains 40100 or more units and commercial. Type III Permit - Prohibited Use Uses not listed are specifically prohibited unless the Director interprets that a use is consistent pursuant to this Code. Director Approval The Director will only approve when there are no other viable options for Required develo ment on the site due to access constraints. Permits per AMC See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for use Chapter 20.16 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 T5-17 T5N-LV T_5N-MV Land Use - Neighborhood Corridor Residential Dwelling: Attached 'W &W CUP [ II III z4PI-/9 cTp QW 1 II III Ai CI�g I tll li - Detached - - - Multi -Family gup/ GLLP I II III SUP/ C-UP III III &UP/ C412 [ II [II Accessory Dwelling- - - - Home Occu ation P P P - Commercial Retail: Floor Area <10,000 sf &W4q CUP- [IILIU 111 ¢ CUP Mu 111 Wpl G4P III 1I1 Floor Area >_10,000 sf cT r� SU II III II III W III Restaurant Bar Eating or Drinkin :14 Floor Area <10,000 sf- &UP/ CJ-P LUZ 111 SW/ C-4p lau Ill &UP/ QJg 111 l[1 Floor Area >_10,000 sf cr r� e"� a I[ III SUP/Cup- LU Ili II 1II n ;..o ri,.,, co ..; � Services 12 7A41 z4W ZGW - Animal Veterinary Services (No Boarding) SUPf GUP- I II III SUPf GUP- I II III &U?f GU$ I Lff Z04/ cr�GuF' Sul-,ycup - Bank/Financial14 SUPf 11 !!l ! Ill GLLP I I1 I Drive Tt „ e �,--r r-a-�r�s CiT _ - Day Care Center SUP4 CUP I fI III GU$ I II III GU-g I 11 III Lodging: Hotel/Inn sup/cupr' II III II III CTI�D/g II III Medical: Medical Clinic &UW Wry CUP VEL II GUP MU 111 CVP III lII - ZGN4 Z4N4 ZQW - Doctor/Dentist Office Rf 1WP�. SUP4c4P- I II Lili CW U 1. LL 11 c4p I II III Office: Professional Office SUP4 &UW &UF C-911 I M III £U-P l II III c1$ I I _ 1 -f z4W ZQ - &UW &UW SUPf Personal Services GU-P- 1 II 111 c-g III III I III z Ill Recreation, Education, Public Assembly Park, Open Space, Playground, Recreation Facility, or Outdoor Recreation with P P P Development Permit w WW zw - Public Safety Facility &UW S12� 99W C-Up I II III QW III III c4p I 1[ III 14 Drive-thru allowed if access is located off a secondary street. No drive-thru shall be allowed between the primarystreetand building Fromage. 13 TableUse T5-MS T5-17 T5N-LV T5N-MV Land Use - Neighborhood Corridor Recreation Facility: Indoor <1,500 sf I ZONI Z"l - Indoor >_1,500 sf I Z"l -Z - l - Outdoor AI'tI I 74#1 - Religious Assembly II &40-11 II - School: Public or Private Q�p III C-4R III cop III - •W ZOW z _ Studio: Art, Music, Dance sup� 9LW4 SUW CUP c4p CUP I II Ill III I11 Agriculture Community Gardens ZIONI Z"l Z941 - Farmer's Market Z44i ZONI 91ti1I - Industry, Manufacturing, and Processing ZGN4 ZON-f 1 - Artisan Production SR/ 94R¢ Ww CUP CJJP 1w I11III LUL II IIIIII ZONf Z4N4 - Limited Production CUP c4p- I II III ! lI III - Furniture and Fixture Manufacturing P4 I II III - - ZW W ZQw- Media Production SIB &4p-/ sups c4p GUP C412 I II I11 1 i 111 L I1 III Printing and Publishing SUPf &f Cw c4p I 1I III Wu 111 1 I1 [II Transportation, Communication, Infrastructure Parking Facility: Public Z"i ZONI Z-QNI - utility Z-O#I Z-GRI I - Wireless Telecommunications (Chapter 20.44.034): Antenna <20' I Z1I ZONI - Antenna >-20' III III Z#I Accessory Accessory Building Structure P P P - 14 Key Use Table Notes P Permissible P = Permissible with a Building Permit and/or Business License depending on the use. Z44 Zoning ill = Mixed -Use Project contains 1-49 29 units and commercial or Commercial Only l �` I buildings on previously subdivided lot. Permit - SUP Special Use Type lI Il III = Mixed -Use Project contains 2-0 4430-99 units and commercial.. Permit C412 r,, al III use GU-P-III = Mixed -Use Project contains-5-9100 or more units and commercial. Type III Permit - Prohibited Uses not listed are specifically prohibited unless the Director interprets that a use is Use consistent pursuant to this Code. Permits per AMC See Appendix Section 20.110.016 (b) Definitions Specific to Permissible Uses for use type Chapter 20.16 definitions. Section 07. Arlington Municipal Code Table 20.110-23 shall be hereby amended as follows: Table 20.110-23: Review Authority Review Authori Snohomish Type of Action' z Director Hearing County Planning City Council Examiner Ilerior Commission Court Comprehensive Plan Recommend Decision Amendment Zoning Map Amendment Recommend Decision Land Use Code Recommend Decision Amendment - a Certificate of Home Occupation Decision !'ondit;. nal Use Type III Recommend Decision Appeal Permit Special Use Tyne I I Permit Decision 3 Decision 3or Appeal 3 Appeal 3 Zenin-g-Type I Permit 4 Decision Appeal Design Review with Mixed Decision Decision or Appeal Use Overlay Projects Appeal Lot Line Adjustment Decision Variances 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 15 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 ` Type 1111 Permit follows the regulations of AMC Chapter 20.16. If the Director makes the wise Type_Ii Permit decision, then the decision is appealable to the Hearing Examiner. If the Hearing Examiner makes the dial Use JYJ& 11 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 g Type I Permit, a S7eeiaW.,ke TypeIIII 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., Cenditie—Rai 111s^ Type 111 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., Cend-i+ional 1. ^ Type l I I Permit, Variance etc.) in compliance with Table 20.110-22 (Review Authority) and the provisions of this Mixed Use Code. 10• Thl9tMR,CYi�f I �I t r.,na:+�.,�^g Ire Type I/Type II/Type III Permits i. Purpose. The purpose of a ZaRing Type I Permit ( I), ^'tee Type 11 Permit (44PII) or G^^dlet*ena"'se Type III Permit (CU-RIII) is to provide sufficient flexibility in the permitted use regulations in order to further the objectives of this Mixed -Use Code. A Z4D# I, &ULP 11 or C-UP111 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 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 16 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. Type I Permits shall be approved or denied by the Director, Sal Type 11 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. r^^d'i+a^Ra"'ram 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, Spersial Wse Type II Permit or C044iqRal lie 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 ' Type II Permit or Cendo#'^"'' Type I I Permit only after first making all of the following findings: a. The proposed use is consistent with Comprehensive Plan; 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; 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 17 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 Il Permit or C9igdi+:^^-' 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 r^ �Type III/Special 95e Type II Permit Requirements. i. Absence of CGnditil jyLe III/Special s Type II Permit. A use lawfully existing without the approval of a Cenditional Type I11 Permit or Speei1al 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 Genditiepal Type III Permit or 5pe4-Fe Type lI Permit. ii. Previous QnditiORal Type III Permit in Effect. A use that was authorized by a ge+ 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 GenditieRal 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 18 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 fagade 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 19 less even) building fagade 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. 20 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 (FBQ: 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. 21 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 22 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. 041 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, 172"d St from 1-5 to 915T St NE and 2041h 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. 24 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 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 Wei 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 1 day of I nf, 2026. ATTEST: W, , i., R es, VyJerk APPROVED AS TO F� M: Oskar Rey, Ci y y CITY RLINGTON Don E. Vanney, Mayo 27 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. 2026-017 was approved at June 15, 2026 City Council meeting. ORDINANCE NO. 2026-017 "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" A true and correct copy of the original ordinance is attached. Dated this 16th day of June 2026. Rae n nes City Cler Tor the City of Arlington