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HomeMy WebLinkAboutOrdinance No. 2026-019 Amending Chapter 20.48 of the Arlington Municipal Code Regarding Density and Dimensional Regulations Under City Planning No. PLN1295ORDINANCE NO. 2026-019 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.48 OF THE ARLINGTON MUNICIPAL CODE REGARDING DENSITY AND DIMENSIONAL REGULATIONS UNDER CITY PLANNING NO. PLN1295 WHEREAS, the city has proposed an update to the Supplemental Uses regulations to the City zoning code; and WHEREAS, the Arlington Planning Commission considered the revisions on June 2, 2026 and at a public hearing conducted on June 16, 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 July 13, 2026, a meeting on July 20, 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 20.48.020 shall be hereby amended as follows: 20.48.020 Residential Density_ (a) Subject to the provisions of Section 20.48.094 (Density on Lots Created Through Short Subdivision Where Portion Dedicated to City for Right -of -Way), and except as provided in Section 20.44.062 (Mobile Home Parks), every lot developed for residential purposes shall have the number of square feet per dwelling unit indicated in Table 20.48-1: Density and Dimensional Standards. In determining the number of dwelling units permissible on a tract of land, fractions shall be rounded down to the nearest whole number. (b) Duplexes +�.r - nri e f-.mily rzon�r--- s •+II be allO A ed r,nl.. OR 10tc haVi __ at_I` r�. rt ����pry1 fifty + F Fi 'm �r•a_± y+a �i .-..d for onr..-�weiling uRit.en_a l7'CI m P-1r ! f'i ty peFGe Rt O1 [RC. FT i Ti 1�Ui71 UaF� let w6th°n the ORDINANCE NO. 2026-019 1 Section 02. Arlington Municipal Code section 20.48.040 shall be hereby amended as follows: 20.48.040 Building Setback Requirements. (a) Subject to Section 20.48.050 (Accessory Building Setback Requirements) and the other provisions of this section, no portion of any building or any freestanding sign may be located on any lot closer to any lot line than is authorized in Table 20.48-1: Density and Dimensional Standards. (1) As used in this section, the term "lot boundary line" refers to lot boundaries other than those that abut streets. For the purpose of measuring setbacks, alleys shall not be considered a public street. Setbacks from alleys shall be the same as from a lot boundary line. (2) As used in this section, the term "building" includes any substantial structure, which by nature of its size, scale, dimensions, bulk, or use tends to constitute a visual obstruction or generate activity similar to that usually associated with a building. Without limiting the generality of the foregoing, the following structures shall be deemed to fall within this description: (A) Gas pumps and overhead canopies or roofs. (B) Fences and hedges running along lot boundaries adjacent to public street rights - of -way if such fences and hedges exceed forty-two inches (unless located in the sight visibility area, then thirty inches maximum), except that the setback for fences or hedges up to seven feet high shall be ten feet from the ultimate right- of-way along exterior side yard lot boundaries adjacent to public streets provided that the area between the right-of-way and fence are well landscaped and maintained by the property owner. Subject to Section 20.48.100 and Chapter 20.46 (Design). Also see Figure 2 and 3. (3) Notwithstanding any other provision of this title, a sign may be erected on or affixed to a structure that (i) has a principal function that is something other than the support of the sign (e.g., a fence), but (ii) does not constitute a building as defined in this title, only if such sign is located so as to comply with the setback requirement applicable to freestanding signs in the district where such sign is located. (b) Whenever a lot in a non-residential district has a common boundary line with a lot in a residential district lying in the RMC, R-Mod, RLC, or RULC zone, then the setback for the non-residential property along that common boundary shall be thirty feet. (c) Setback distances shall be measured from the property line to a point on the lot that is directly below the nearest extension of any part of the building that is substantially a part of the building itself, except eaves, including but not limited to chimneys, and not a mere appendage to it (such as a flagpole, etc.). (d) Whenever a private road that serves more than four lots, more than four rip mars dwelling units, or that serves any nonresidential use tending to generate traffic equivalent to more than four dwelling units is located along a lot boundary, then buildings and freestanding signs shall be set back from the private road just as if such road were a public street. ORDINANCE NO. 2026-019 2 (e) In any residential district, front porches may extend into the setback from the street right- of-way line up to fifty percent of that setback. (f) All buildings shall be set back a minimum of fifteen feet from any open drainage facility. (g) All buildings shall have a minimum setback of five feet from any easement. (h)_Marijuana producing and processing operations on lots abutting residentially zoned lots shall be set back a minimum of thirty feet for indoor operations and fifty feet for outdoor operations. (i) All primary buildings shall maintain a minimum 10-foot distance measurements taken from foundations) from other buildings, including those on adjacent lots. (j) In no case shall a primary building have a setback less than the five-foot standard setback for the zone as specified in this Chapter. (k) Setbacks from Public Rights -of -Way. (1) Front yard setbacks of buildings froze public rights -of -way shall be as specified in Chapter 20.48 Densitv and Dimensional Regulations),orequal to the average of the two immediately adjacent primary buildings, whichever is less. Where averaging is used, the new building may be averaged in a stepping attern between the front yards of the adjacent buildings, or the new building's entire frontage may be built on the average setback line. The front Vard is defined as being that side of the building facie the street on which the building is addressed and has its primary entrance. (2) On a corner lot the exterior side yard setback abutting; the road may be reduced to ten feet. The exterior side yard is defined as that side of the building adjacent to a public right-of-way but from which the building is not addressed and does not have its primary entrance. Section 03. Arlington Municipal Code section 20.48.050 shall be hereby amended as follows: 20.48.050 Accessory Building Setback Requirements. All accessory buildings in residential districts (i.e., those established by Section 20.36.010 (Residential Districts Established) must comply with the ultimate street right-of-way and side lot boundary setbacks set forth in Section 20.48.040(Building Setback Requirements . (a) Accessory buildings shall be subordinate to the primary structure and shall be set back a minimum of eight (8) feet from the face of the primary structure. �a.4(b) Accessory h0dings shall be placed to the side or rear of the primary structure. Section 04. Arlington Municipal Code section 20.48.055 shall be hereby amended as follows: 20.48.055 Building Setbacks for Multi -Family Units. (a) There shall be a minimum separation between every ten attached units or every three hundred feet. (h) For rl7ulti-family uses in no instance shall street level parking areas be allowed within 25 feet of a public right-Ofaway unless it is substantially shielded fromPublic view. ORDINANCE NO. 2026-019 Section 05. Arlington Municipal Code section 20.48.060(d) — (e) shall be hereby amended as follows: (d) The features listed in Subsection (c) are exempt from the height limitations set forth in Subsection (b) if they conform to the following requirements: (1) Such features may consume not more than one-third of the total roof area. (2) The features described in Subsection fc) (3) above must be set back from the edge of the roof a minimum distance of one foot for every foot by which such features extend above the roof surface of the principal building to which they are attached. (3) The permit -issuing authority may authorize or require that parapet walls be constructed (up to a height not exceeding that of the features screened) to shield the features listed in Subsections fc) (1) and (3) from view. Pe) gFeuRd te a point of access to a roof surface of any nonresidential building or any multi- family residential building containing four or more dwelling units may not exceed thirty- five feet unless the fire chief certifies to the permit -issuing authority that such building is designed to provide adequate access for firefighting personnel or the building inspector certifies that the building is otherwise designed equipped te provide adequate n.rr+4ectien against the dangers of Ti Fe �f4(e) Towers, monopoles, and antennas are allowed Section 06. Arlington Municipal Code section 20.48.064(a) shall be hereby amended as follows: (a) T*w-+na • . OeASity- and DiMeRS;9Ral StandaFds. There is no maximum lot coverage for structures, provided that the development complies with all other applicable requirements of this title, including but not limited to, requirements for parking, landscaping, setbacks and fire .1rrPSS- Section 07. Arlington Municipal Code section 20.48.100(a)(2) shall be hereby amended as follows: (2) If the front yard fence is located in the sight visibility area, then a maximum of 30" is allowed within the triangle area (Per Figure 3). The fence may resume allowed heights once clear from this area. ORDINANCE NO. 2026-019 4 Section 08. Arlington Municipal Code Table 20.48-1 shall be hereby amended as follows: t Building Setback Requirements —Minimum Distance, in feet, from. Non -Arterial Street Arterial Street Rear Lot Side Lot BoundaryECA Minimum Required Zone Lot Size Right -of -Way' Right -of -Way' Boundary Line o Buffer (square Residential E Line Line Line' Alleyo, feet) Densities a Building andIT Buildin g Freestanding Sign Primary - Residential Ultra 9'arg or 1-4 Du/Ac 70 25 10 40 10 20 Accessory' S 15 35 9 Low Capacity -5 Primary - Residential Low 7,200 - 600 5-6 Du/Ac 50 20 10 40 10 20 Accessory'" 5 15 35 35 Capacity -5 Primary - Residential 20 Moderate 6,200 Du Ac 30 20 10 40 10 Accesso ry, 5 15 45 45 Capacity -5 Primary - Residential 2,800 - 12-16 20 Medium 3,600 Du/Ac 30 20 10 40 — 10 — Accessory�'� 5 15 45 45 Capacity 5 Primary - Residential High 4,300 17+ 30 20 5 20 10 20 5 15 45 7-5 Capacity Du/Ac Accessory?O -5 Primary - Old Town All Density and Dimensional Standards are Regulated by the 20 5 15 Old Town Residential Old Town Residential Design Standards4 Accessory') — Standards -5 Primary - Neighborhood 6,000 05 50 05 10 20 10 20 5 15 45 �'0 Commercial Accessory - 5 Old Town 07 05 60 05 5 05 5 0--5 0' minimum 5 15 50 -}00 Business 15 5' maximum Old Town 07 05 60 05 5 0 5 5 9---50 minimum 5 15 50 400 Business 26 5' maximum Old Town 07 05 60 05 5 05 5 0--5 0' minimum 5 15 50 1 0fl Business 35 5' maximum ORDINANCE NO. 2026-019 L Building Setback Requirements —Minimum Distance, in feet, from: ,, ' Non Arterial Street Arterial Street Rear Lot Side Lot BoundaryECA Minimum Required � M Zone Lot Size Right -of -Ways Right-0of-Ways Line Boundary Une2 Line or Buffer In (square Residential Line Alley o, feet) Densities 9 = Building and m a m KM LL Buildin gI FreestandingSi n 25— 25- 61dg. > 6ldg. > 10,000 10,000 Primary — General 07 N/A 70 sq ft 10 sq ft 10 20 5 15 45 1-W Commercial 10— 10— Accessory - 6ldg. < 61dg. < 5 10,000 10,000 sq ft I sq ft 25— 25- 61dg. > 61dg. > 10,000 10,000 Primary — Highway 07 N/A 70 sq ft 10 sq ft 5 20 5 15 50 100 Commercial 10— 10— Accessory - 61dg. < 6ldg. < 5 10,000 10,000 sq ft I I sq ft Commercial All Density and Dimensional Standards are Regulated by the Mixed -Use Development Regulations AMC 20.1108 Corridor Mixed -Use All Density and Dimensional Standards are Regulated by the Mixed -Use Development Regulations AMC 20.1108 Overlay Primary — General 10,000 N/A 70 25 10 25 10 20 5 15 50 4W Industrial Accessory - 5 Primary — Light Industrial 10,000 N/A 70 25 5 25 5 20 5 15 50 1-99 Accessory - 5 Primary — Aviation 10,000 N/A 70 25 5 25 5 20 5 15 505 4-99 Flightline9 Accessory - 5 Medical Services 10,000 N/A 70 1 25 10 25 10 10 10 15 505 400 Primary — Business Park 10,000 N/A 70 25 5 25 5 20 5 15 50 40 Accessory - 5 Public/Semi- Same as predominately surrounding zone Public Table 20.48-1 Footnotes: 1 As used in this table, "r-o-w" or "right-of-way" means the street's ultimate right-of-way according to its classification, not existing, actual right-of-way. 2 Rear setback for principal buildings is twenty feet and detached accessory structures is five feet. 3 The lot size in the Residential Ultra Low Capacity (RULC) are primarily to accommodate detached single-family residential development in areas not currently served by public sewer and water facilities. Larger lots are required to accommodate a septic system and reserve area as required by the Snohomish Health District. ORDINANCE NO. 2026-019 6 'All development within the Old Town Residential district is subject to the requirements of the Old Town Residential Design Standards. 5 "0" in this column means that there is no density maximum. One can build as many residential units as can fit, as long as the rest of the requirements of this code are met (e.g., parking, open space, screening, maximum lot coverage, setbacks, drainage, etc.) 6 Maximum setbacks are required pursuant to Section 20.46.075 and the Development Design Standards for Old Town Business Districts 1,2, and 3. ' "0" in this column means that there is no minimum parcel size. One can subdivide into as small of lots as one wants, as long as a permissible use can fit on the lot while meeting the rest of the requirements of this code (e.g., parking, open space, screening, maximum lot coverage, setbacks, etc.) 8 All development within the Commercial Corridor and the Mixed -Use Overlay is subject to the requirements of the Mixed -Use Development Regulations. 9 Airspace restrictions may limit the maximum building height to less than fifty feet. 10 Exception for certain AccessorV Dwelling Units provided under AMC 20.44.042 $ For ADUs abutting an alley. 11 See 20.48.040(k)(2) for additional regulations regarding corner lots Section 09. Arlington Municipal Code AMC 20.48.120 Figure 15 shall be hereby amended as follows: Figure 15: Multi -Family Garden Apartments/Courtyard Apartments Section 10. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 11. Effective Date. The title of this ordinance which summarizes the contents shall be published in the official newspaper of the City. This ordinance shall take effect and be in full force five (5) days after the date of publication as provided by law. PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this day of �UJ N -, 2026. CIT F ARLINGTON Don E. Vanney, Mayor ORDINANCE NO. 2026-019 ATT T: Rae es, ity erk APPROVED AS TO FORM. (1: Oskar Rey, City Attorney ORDINANCE NO. 2026-019 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. 2026-019 was approved at July 20, 2026 City Council meeting. ORDINANCE NO. 2026-019 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.48 OF THE ARLINGTON MUNICIPAL CODE REGARDING DENSITY AND DIMENSIONAL REGULATIONS UNDER CITY PLANNING NO. PLN1295" A true and correct copy of the original ordinance is attached. Dated this 21st day of July 2026. R Iyn J rye City Cler fort City of Arlington