HomeMy WebLinkAbout2011-026 ORDINANCE NO. 2011-026
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING CHAPTERS 20.08, 20.40, AND 20.44 OF TITLE 20 OF THE ARLINGTON
MUNICIPAL CODE
WHEREAS, the City of Arlington, Washington has the authority to regulate land uses
within the City; and
WHEREAS, the City of Arlington has adopted a land use code and development design
guidelines; and
WHEREAS, following adoption of said land use code, various technical corrections or
amendments are necessary to provide for internal consistency and to improve the code; and
WHEREAS, the Planning Commission considered these amendments at their September
8, 2011 public hearing and recommended that the City Council adopt the amendments. The City
Council considered these amendments at their August 22, 2011 and September 12, 2011
workshops and at a public hearing on September 19, 2011 and determined approving the
amendments was in the best interest of the City and its citizens; and
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code §20.08.010 shall be amended to add the
following definitions:
20.08.010 Definitions of Basic Terms.
Adult Family Home. A regular family abode in which a person or persons provides
personal care, special care, room, and board to more than one but not more than six (6)
adults who are not related by blood or marriage to the person or persons providing the
services.
Critical Area Protection Easement (CAPE). See Native Growth Protection Easement
(NGPE).
Native Growth Protection Easement (NGPE). An easement granted to the City for the
protection of native vegetation within a critical area or its associated buffer.
Lot Coverage. That percentage of a lot which would be covered by a structure or
structures, excluding allowed projecting eaves. Paved areas, such as driveways, patios,
and walkways at or below grade level shall not be calculated. Decks exempted by the
building code are also not calculated. Lot coverage shall not exceed maximum allowance
ORDINANCE NO. 2011-026 1
per Chapter 20.48, Table 20-48.1 Density and Dimensional Standards. If lot coverage
exceeds maximum allowance, development may need additional drainage improvements
as required by City Engineer.
Section 2. The definition of Home Occupation in Arlington Municipal Code
§20.08.010 shall be amended to read as follows:
Home Occupation. An occupation, enterprise, activity, or profession which results in a
product or service for profit and is conducted in whole or in part on residential premises
and is clearly subordinate to use of the premises as a residence.
Section 3. Arlington Municipal Code §20.40, shall be amended to delete the
following to Table 20.40-1:
Table 20.40-1: Table of Permissible Uses.
ZONES
USE DESCRIPTIONS N OTBD OTBD OTBD H L G
SR RLMD RMD RHD OTR C 1 2 3 GC C BP I I AF MS PISP
1.000 RESIDENTIAL
1.415 Adult Family Homes(6 or(ewer Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
adults) — — — — — — — — — — — — — —
1.425 Adult Family Homes(6 or fewer Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z
adults — — — — — — — — — — — — — —
1-..804Homa Oscut>allions Z Z Z Z Z Z Z Z Z Z Z
20.000 FUNERAL HOME Z ZS ZS ZS ZS Z ZS Z Z
S S S S
21.200 Crematorium S S S Z ZS ZS ZS ZS Z ZS Z Z ZS10
S S S S
Section 4. Arlington Municipal Code §20.44.032(c) shall be amended to read as
follows:
(c) No area of less than 20 contiguous acres may be planned through a MPN
approval process, and then only (i) upon the request of the owner or majority of
owners of all the property intended to be covered by such an overlay zone, or (ii) by the
City Council in implementing the MPN land use designation pursuant to subsection (d).
Approval of MPNs is achieved through a rezone process.
Section 5. Arlington Municipal Code §20.44.070(b) shall be amended to read as
follows:
(b) In addition to other applicable standards, no 1.400 use class, with the exception
of adult family homes, shall be located closer than one-thousand, two-hundred (1,200)
feet, measured from property lines, from another such use. For the purpose of this
section, a development shall be defined as a building or group of buildings on a single
parcel of land. This provision is intended to prevent the creation of a de facto social
service district.
ORDINANCE NO. 2011-026 2
Section 6. A new Arlington Municipal Code §20.44.072 shall be added to read as
follows:
20.44.072 Reasonable Accommodation.
(a) Any person claiming to have a handicap, or someone acting on his or her behalf, who
wishes to be excused from an otherwise applicable requirement of this Land Use Code
under the Fair Housing Amendments Act of 1988 ("FHA"), 42 USC 3604(f)(3)(b), or the
Washington Law Against Discrimination ("WLD"), Chapter 49.60 RCW, must provide
the Director of the Department of Planning and Community Development with verifiable
documentation of handicap eligibility and need for accommodation. The Director shall
act promptly on the request for accommodation. If handicap eligibility and need for
accommodation are demonstrated, the Director shall approve an accommodation which
may include granting an exception to the provisions of this Code. The Director shall not
charge any fee for responding to such a request. The Director's decision shall constitute
final action by the City on the request for accommodation, and review of that decision
will be available only in court. An action seeking such review must be filed not more
than 21 days after the Director's decision.
(b) The accommodation provided shall be personal to the applicant and shall not run with
the land; provided, however, that a change in a residential structure necessary to
accommodate the operation of a residential care provider to the disabled may be
continued by future operations of similar facilities at the site who establish the same use
within six months of the date the prior use by disabled person or residential care provider
ceases. The Community Development Director may therefore direct that any physical
change in the structure which would otherwise be illegal under the use or bulk
requirements of Title 20, Land Use Code, and be brought into compliance six months
after the date of sale or transfer of a residential structure to a person or entity not
qualifying for the protections of the Americans with Disabilities Act ("ADA"), FHA and
WLAD.
Section 7. A new Arlington Municipal Code §20.44.082 shall be added to read as
follows:
20.44.082 Home Occupations.
(a) Purpose: The purpose of this section is to allow limited commercial activity
incidental to residential use of a dwelling unit while ensuring all residents freedom from
excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of
commercial uses being conducted in residential neighborhoods.
(b) Applicability: Home occupations are allowed as an accessory use to the residential
use of a single-family, multifamily, or accessory dwelling unit, subject to the
requirements of this chapter. A business license shall be required for all home
occupations.
(c) Residency: The location of the home occupation must be the principal residence of
the person(s) conducting the home occupation.
ORDINANCE NO. 2011-026 3
(d) Standards for Home Occupations: A home occupation may be conducted if it:
(i) Is carried on by residents of the dwelling unit and, in addition, involves no more than
two (2) other business participants visiting the dwelling unit (or, for properties that
contain an accessory dwelling unit, visiting the property) per day. "Other business
participants" shall include non-family employees and independent contractors;
(ii) Has no outside storage;
(iii) Requires no alteration to the interior or exterior of the dwelling that changes its
residential character;
(iv) Does not involve activities, including but not limited to the use of heavy equipment,
power tools, power sources, hazardous materials, or other equipment or materials that
result in noise, vibration, smoke, dust, odors, heat, traffic, parking, or other conditions
that exceed, in duration or intensity, such conditions normally produced by a residential
use;
(v) Has, in addition to daily mail service, no more than a combined total of three (3)
commercial and courier pickups and deliveries at the dwelling unit (or, for properties
that contain an accessory dwelling unit, the property) per day, and no more than 10 such
pickups and deliveries per week. Said pickups and deliveries shall occur between the
hours of 8:00 a.m. and 6:00 p.m.;
(vi) Occupies no more than 25 percent of the total gross floor area or no more than 500
square feet of floor area (whichever is less), including any space in an accessory
structure;
(vii) No stock-in-trade or any other material associated with the home occupation shall
be visible on the site;
(viii) Includes no more than six (6) clients/customers per day and no more than two (2)
clients/customers at any time visiting the dwelling unit (or, for properties that contain an
accessory dwelling unit, visiting the property) for goods or services. A family arriving in
a single vehicle shall be considered one (1) client. Client/customer visits to a home
occupation shall be between the hours of 8:00 a.m. and 8:00 p.m;
(ix) Operates no more than one (1) vehicle, van, truck or similar vehicle. The vehicle
shall not exceed any of the following:
1) A gross vehicle weight of 10,000 pounds;
2) A height of ten (10) feet; and/or
3) A length of twenty-four (24) feet;
The measurement of vehicle height and length shall include bumpers and any other
elements that are required by federal or state law for the operation of the vehicle on
public roads; and
(x) Shall conform to all performance standards as regulated in Part III. Performance
Standards, Chapter 20.44 Supplemental Use Regulations.
ORDINANCE NO. 2011-026 4
(e) The application for a home occupation shall be reviewed under the business license
process. An application for a home occupation under this section may be approved if the
home occupation:
(i) Will not harm the character of the surrounding neighborhood; and
(ii) Will not include outdoor storage and/or operation of building materials, machinery,
commercial vehicles, or tools, except if it meets the following criteria:
1) Is appropriately screened from other properties;
2) Does not emit noise, odor, or heat; and
3) Does not create glare; and
(iii) Does not create a condition which injures or endangers the comfort, repose, health or
safety of persons on abutting properties or streets; and
(iv) Will not generate excessive traffic or necessitate excessive parking; and
(v) Will locate and screen any required or proposed site improvement in a manner that
minimizes its view from surrounding properties or adjacent streets.
(f) Enforcement—Upon determination that there has been a violation of any provision of
this section, the City may pursue code enforcement in accordance with the provisions of
AMC Chapter 11.01 Enforcement Provisions.
Section 8. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity
of the ordinance as a whole or any section, provision or part thereof not adjudged invalid
or unconstitutional.
Section 9. Effective Date. A summary of this Ordinance consisting of its title shall
be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days of the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this 3rd day of
October , 2011.
CITY OF ARLINGTON
Marpj t Larson, Mayor
ORDINANCE NO. 2011-026 5
ATTEST:
Kristin afield, City Cl rk
APPROVED TO AS FORM:
�r�
Ste ,en J, ciftte, Ci Attorney
ORDINANCE NO. 2011-026 6
CERTIFICATION OF ORDINANCE
I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance
#2011-026 was approved at the October 3, 2011 City Council meeting.
ORDINANCE #2011-026
"AN ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON AMENDING CHAPTERS 20.08, 20.40, AND 20.44
OF TITLE 20 OF THE ARLINGTON MUNICIPAL CODE"
A true and correct copy of the original ordinance is attached.
Dated this 5th day of October 2011.
za
Kristiltaanfield
' City Clerk for the City of Arlington