HomeMy WebLinkAbout06-17-24 Council MeetingSPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
Mayor Don Vanney
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Don Vanney – Julie
APPROVAL OF THE AGENDA
Mayor Pro Tem Michele Blythe
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
ATTACHMENT A
PROCLAMATIONS
Juneteenth
Councilmember Debora Nelson
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Michele Blythe
1. Minutes of the June 3 and June 10, 2024 Council meetings ATTACHMENT B
2. Accounts Payable ATTACHMENT C
3. Resolution Adopting a Revised Cemetery Fee Schedule ATTACHMENT D
4. Ordinance Adding New Arlington Municipal Code Section 2.32.070 ATTACHMENT E
Relating to Police Commissions
5. Ordinance Amending Arlington Municipal Code Section 10.54.050(d)ATTACHMENT F
Relating to City Parking Regulations
6. Ordinance Amending Arlington Municipal Code Chapter 20.08 ATTACHMENT G
Zoning Definitions
7. Ordinance Amending Arlington Municipal Code 20.76 Relating to ATTACHMENT H
Screening and Trees
8. Ordinance Approving Watanabe Rezone ATTACHMENT I
9. Ordinance Approving Sno-Isle Library Rezone ATTACHMENT J
Arlington City Council Meeting
Monday, June 17, 2024 at 6:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
PUBLIC HEARING
NEW BUSINESS
1.Resolution Authorizing Application for Recreation and Conservation Office ATTACHMENT K
Grant for Jensen Park Bike Pump Track
Staff Presentation: Paul Ellis
Council Liaison: Debora Nelson
2. National Opioid Settlement ATTACHMENT L
Staff Presentation: Paul Ellis / Steve Peiffle
Council Liaison: Heather Logan
3. Succession Planning ATTACHMENT M
Staff Presentation: Paul Ellis
Council Liaison: Mayor Pro Tem Michele Blythe
4. Lodging Tax Committee Appointments ATTACHMENT N
Staff Presentation: Kristin Garcia
Council Liaison: Debora Nelson
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Michele Blythe / Mayor Don Vanney
PROCLAMATION
JUNETEENTH
WHEREAS, on January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, setting in motion the end of slavery in the United States; and WHEREAS, it was not until June 19, 1865, that it was announced to those still enslaved in Texas: “The people are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free"; and WHEREAS, a celebration of the end of slavery, which became known as Juneteenth, is the oldest known public celebration of the end of slavery in the United States; and WHEREAS, Juneteenth commemorates African American freedom and celebrates the successes gained through education and greater opportunity; and WHEREAS, on a larger scale, celebration of Juneteenth reminds each of us of the precious promises of freedom, equality, and opportunity, which are at the core of the American Dream; WHEREAS, Governor Jay Inslee has officially declared Juneteenth a state holiday in Washington; NOW, THEREFORE, I Don Vanney, Mayor of the City of Arlington, do hereby proclaim June 19, 2024 as
Juneteenth in the City of Arlington and urge all citizens to become aware of the significance of this celebration in American history, and in the heritage of our nation and state.
_________________________________ June 17, 2024___ Don E. Vanney, Mayor Date
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Council Chambers 110 East 3rd Street Monday, June 3, 2024
Councilmembers Present: Heather Logan, Rob Toyer, Debora Nelson, Michele Blythe Yvonne Gallardo-Van Ornam, and Jan Schuette.
Council Members Absent: Leisha Nobach, excused.
Staff Present: Mayor Don Vanney, Paul Ellis, Sarah Lopez, Mandy Kruger, Sheri Amundson, Marc Hayes, Marty Wray, Jim Kelly, Jonathan Ventura, Peter Barrett, Rory Bolter, Savannah Lopez, City Attorney Steve Peiffle, Chelsea Brewer, Rob Soule, and Wendy Van Der Meersche.
Also Known to be Present: Kathy Vanney, Gayle Roeber, Nathan Senff, Randy Nobach, Steve Maisch, Holly-Sloan Buchanan, Kevin Duncan, Dary Finck, Kirk LeDoux, and John Knisley. Mayor Don Vanney called the meeting to order at 6:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Rob Toyer seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
PROCLAMATIONS Councilmember Jan Schuette read the LGBTQ+ Pride Month proclamation. Mayor Don Vanney read the Ride Transit Month proclamation.
PUBLIC COMMENT Holly Sloan-Buchanan, Arlington, provided comments. John Knisley, Arlington, provided comments.
CONSENT AGENDA Mayor Pro Tem Michele Blythe moved, and Councilmember Heather Logan seconded the motion to approve the Consent Agenda that was unanimously carried: 1.Minutes of the May 20 and May 28, 2024 Council meetings2.Accounts Payable: Approval of EFT Payments and Claims Checks #110772 through#110898 dated May 7, 2024 through May 20, 2024 for a total of $2,972,146.16.3.Programming Services for MBR Program at Water Reclamation Facility4.Amendment #3 to the BHC contract for MBR Optimization at the Water ReclamationFacility
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting June 3, 2024
Page 2 of 3
PUBLIC HEARING
Ordinance Extending a Moratorium for Island Crossing Development Community and Economic Development Director Marc Hayes requested Council approve the Ordinance Extending a Moratorium for Island Crossing Development. The public hearing was opened at 6:06 p.m. With no members of the public wishing to speak, the public hearing portion was closed at 6:07 p.m., and Council comments were opened. Councilmembers Heather Logan and Rob Toyer provided comments. The public hearing was closed at 6:08 p.m. Mayor Pro Tem Michele Blythe moved, and Councilmember Debora Nelson seconded the motion to approve the ordinance extending a moratorium on the issuance of development permits within the Island Crossing subarea and authorized the Mayor to sign it. The motion passed unanimously.
NEW BUSINESS
Airport Commission Appointments Airport Director Marty Wray requested Council reappoint Eric Hansen and John Branthoover to their positions for another term and appoint Dary Fink and Kirk LeDoux to open positions on the Airport Commission.
Councilmember Yvonne Gallardo-Van Ornam moved, and Councilmember Michele Blythe seconded the motion to appoint Dary Finck and Kirk LeDoux to the Airport Commission and reappoint Eric Hansen and John Branthoover to their positions on the Airport Commission for another term. The motion passed unanimously.
Contract with Department of Commerce for Commercial Kitchen Facility City Administrator Paul Ellis reviewed the contract with Department of Commerce for a commercial kitchen facility. The City received a grant from the Department of Commerce in the amount of $563,570 to design a commercial kitchen facility at the food truck court.
Mayor Pro Tem Michele Blythe moved, and Councilmember Heather Logan seconded the motion to approve the contract with Department of Commerce and authorized the Mayor to sign. The motion passed unanimously.
Scope of Work and Fee from Commonstreet Consulting for the 188th/Smokey Point
Blvd Roundabout Project Public Works Director Jim Kelly requested Council approve the Scope and Fee from Commonstreet Consulting for additional right of way negotiations and work for the 188th/Smokey Point Blvd Roundabout project. Councilmember Jan Schuette moved, and Councilmember Debora Nelson seconded the motion to approve the Commonstreet Consulting scope of work for a fee not to exceed $55,556 for the 188th/Smokey Point Blvd Roundabout Right of Way services, and authorized the Mayor to sign the contract amendment, subject to final review by the City Attorney.
Minutes of the City of Arlington City Council Meeting June 3, 2024
Page 3 of 3
COMMENTS FROM COUNCILMEMBERS Councilmember Heather Logan provided information regarding a pertussis in Snohomish County. Councilmember Michele Blythe provided information regarding treatment centers in Arlington.
ADMINISTRATOR & STAFF REPORTS None.
MAYOR’S REPORT Mayor Vanney congratulated Police Chief Jonathan Ventura and police department staff for attaining state accreditation, by the Washington Association of Sheriffs and Police Chiefs (WASPC) Accreditation.
EXECUTIVE SESSION City Attorney Steve Peiffle announced the need for an Executive Session to discuss pending or threatened litigation, RCW 42.30.110(1)(i) to last no longer than 10 minutes. City Council was dismissed and went into an executive session at 6:23 p.m., and reconvened at 6:33 p.m. Councilmember Heather Logan moved, and Councilmember Debora Nelson seconded the motion to approve the proposed settlement agreement with the Center for Justice Social Work and Dr. Kaitlyn Goubeau, and the new contract with the Center for Justice Social Work and authorize the Mayor to sign, subject to their approval of the documents and final review by the City Attorney. The motion passed unanimously.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:34 p.m. _________________________________________ Don E. Vanney, Mayor
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Council Chambers 110 East 3rd Street Monday, June 10, 2024
Councilmembers Present: Heather Logan, Rob Toyer, Michele Blythe, Leisha Nobach, and Jan Schuette.
Council Members Absent: Yvonne Gallardo-Van Ornam and Debora Nelson, excused absences.
Staff Present: Mayor Don Vanney, Paul Ellis, Jim Kelly, Kris Wallace, Amy Rusko, Jonathan Ventura, Chelsea Brewer, and Julie Petersen.
Also Known to be Present: Holly Sloan-Buchanan, Steve Maisch, Kathy Vanney, Randy Nobach, Ellis Nobach, and Tim Abrahamson.
Mayor Don Vanney called the meeting to order at 6:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Michele Blythe moved to approve the agenda as presented. Councilmember Rob Toyer seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Resolution Adopting a Revised Cemetery Fee Schedule Public Works Director Jim Kelly reviewed rising costs at the Arlington Cemetery. Arlington Cemetery fees are evaluated regularly by the Cemetery Board and, when necessary, recommended adjustments are forwarded to the City Council for consideration; the last Cemetery fee and rate adjustment was in 2023. City staff and the Cemetery Board have evaluated the current Cemetery fee schedule and have adjusted the Cemetery fees to ensure the fees continue to adequately cover the costs for services, products, and that the fees are comparable to nearby and similar cemeteries. The Cemetery Fee schedule details the proposed individual price increases with the Cemetery Board’s 2024 recommended fee adjustments for Council consideration. Discussion followed with Mr. Kelly answering Council questions.
City Council Workshop
Minutes of the City of Arlington City Council Workshop Monday, June 10, 2024
Page 2 of 3
Ordinance Adding New Arlington Municipal Code Section 2.32.070 Relating to Police
Commissions Police Chief Jonathan Ventura reviewed an ordinance which is in response to WA E2SSB 5051 and defines the different types of police commissions and under which circumstances the police chief may grant commissions. Discussion followed with Chief Ventura answering Council questions.
Ordinance Amending Arlington Municipal Code Section 10.54.050(d) Relating to City
Parking Regulations Police Chief Jonathan Ventura reviewed an ordinance that corrects discrepancies in the hours for which any vehicle, camper, or trailer can be parked upon a city street. It also creates a time limit for parking motor homes or trailers in city-owned parking lots. Discussion followed with Chief Ventura answering Council questions.
Ordinance Amending Arlington Municipal Code Chapter 20.08 Zoning Definitions Community and Economic Development Manager Amy Rusko reviewed the AMC Chapter 20.08 Zoning Code Amendments were proposed with the 2024 Docket. The proposed zoning code amendments are required to meet the regulations of the state through the above-mentioned House and Senate Bills. Discussion followed with Ms. Rusko answering Council questions.
Ordinance Amending Arlington Municipal Code 20.76 Relating to Screening and Trees Community and Economic Development Manager Amy Rusko reviewed the AMC Chapter 20.76 Zoning Code Amendments were proposed with the 2024 Docket. The proposed zoning code amendments are necessary to ensure compliance with street tree and landscaping requirements. Discussion followed with Ms. Rusko answering Council questions.
Ordinance Approving Watanabe Rezone Community and Economic Development Manager Amy Rusko reviewed the proposed rezone is a total of 10 acres on two parcels (parcel numbers 31052800101700 and 31052800101000) from General Commercial with Mixed-Use Overlay zoning to Light Industrial. The property is within the Cascade Industrial Center. The subject properties are bordered by a mixed-use development to the north, which has utilized all the allowed residential units in the Cascade Industrial Center, a public street to the east (51st Avenue NE), a legal non-conforming RV Park to the south and a future public street to the west (47th Avenue NE). The proposed rezone would utilize the permissible uses of the Light Industrial zone and Cascade Industrial Center regulations, which is more compatible for the property due to access, dimensions of the lot, and the surrounding area. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map and the City’s Official Zoning Map would need to be amended. Discussion followed with Ms. Rusko answering Council questions.
Ordinance Approving Sno-Isle Library Rezone Community and Economic Development Manager Amy Rusko reviewed the City of Arlington and Sno-Isle Intercounty Rural Library District initiated rezone a total of 0.63 acres on two parcels (parcel numbers 00455400500100 and 00455400500500) from the Old Town Residential zone to the Public/Semi-Public zone. The properties are currently owned by the
Minutes of the City of Arlington City Council Workshop Monday, June 10, 2024
Page 3 of 3
Sno-Isle Intercounty Rural Library District where they operate an existing library. The properties are surrounded by the Old Town Residential District and residential housing. The use of the property has been a library for over 20 years. While a library is allowed in the Old Town Residential District the use is more compatible with under Public/Semi-Public zoning. The rezone will allow any future expansions to the library to be reviewed under the Public/Semi-Public zone instead of the Old Town Residential District Design Standards, where only specific residential designs are used for structures. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map and the City’s Official Zoning Map would need to be amended. Discussion followed with Ms. Rusko answering Council questions.
ADMINISTRATOR AND STAFF REPORTS None.
MAYOR’S REPORT None.
COMMENTS FROM COUNCILMEMBERS Councilmember Heather Logan reported that she attended and was appreciative of the City’s Clean Up / Disposal Event on June 8. Councilmember Jan Schuette announced that the Port of Everett will hold their Exploring Boundary Expansion Next Steps presentation on Thursday, June 13 at 5:00 p.m. at the Stillaguamish Senior Center. She reminded everyone that the Arlington High School graduation parade starts at 7:00 p.m. tonight.
COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening.
PUBLIC COMMENT None.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to place all of the agenda items on the consent agenda for the June 17, 2024 Council meeting.
EXECUTIVE SESSION None.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 6:36 p.m. _________________________________________ Don E. Vanney, Mayor
City of Arlington Council Agenda Bill CA #2 Attachment June 17, 2024 Accounts Payable Claims Approval
Claims Approval
Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION:
ALTERNATIVES:
City of Arlington
June 17th, 2024 Council Meeting
Claims Certification:
We, the undersigned City Council of the City of Arlington, Washington do hereby certify that
the merchandise or services hereinafter specified have been received and that:
Approval of Petty Cash Check #2034; EFT Payments and Claims Checks #110899 through
#110999 dated May 21st, 2024 through June 3rd, 2024 for $1,011,195.06
Approval of Payroll EFT Payments and Check #30365 through #30376 dated May 1st, 2024
through May 31st, 2024 in the amount of $1,415,095.60
City of Arlington Council Agenda Bill Item: CA#3 Attachment D COUNCIL MEETING DATE: June 17, 2024 SUBJECT: Resolution Adopting a Revised Cemetery Fee Schedule
Draft resolution with proposed Cemetery fee schedule DEPARTMENT OF ORIGIN Public Works; Jim Kelly, Director EXPENDITURES REQUESTED: None BUDGET CATEGORY: All Cemetery Funds BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: Cemetery Board’s recommended changes to the Cemetery Fee Schedule.
As with all businesses, the Arlington Cemetery continues to face rising costs. Arlington Cemetery fees are evaluated regularly by the Cemetery Board and, when necessary, recommended adjustments are forwarded to City Council for consideration; the last Cemetery fee and rate adjustment was in 2023. City staff and the Cemetery Board have evaluated the current Cemetery fee schedule and have adjusted the Cemetery fees to ensure the fees continue to adequately cover the cost for services, the cost for products, and that the fees are comparable to nearby and similar cemeteries. The attached Cemetery Fee schedule details the proposed individual price increases. The attached resolution contains the Cemetery Board’s 2024 recommended fee adjustments for Council consideration. ALTERNATIVES:
I move to approve the resolution amending the Cemetery fees and authorize the Mayor to sign the resolution.
RESOLUTION NO. 2 0 2 3 4-XXX-
0 0 6
2021-008
Page 1 of 4
RESOLUTION NO. 20232024-
006XX
A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON REPLACING
RESOLUTION NO. 20212023- 023 006 AND ADOPTING A REVISED CEMETERY FEE
SCHEDULE
WHEREAS, the City Council, through ordinance, has adopted regulations requiring certain actions
and services; and,
WHEREAS, these various ordinances set forth that fees shall be set by resolution; and,
WHEREAS, the cost of providing these various services consistent with applicable codes,
regulations, and policies periodically increase or decrease, or certain services or practices are
discontinued and fees are no longer needed; and,
WHEREAS, it is the intent of the City of Arlington to charge appropriate fees and charges that are
consistent with the services provided and to cover the public cost of providing these various services so
that the public is not subsidizing individual benefits derived therefrom;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON AS
FOLLOWS:
The following rates, fees, and charges for cemetery services provided, actions performed, or items sold
by the city and/or its contract service providers, shall be and are hereby adopted:
Section 1. Fees and Charges- General.
1.1 Fees. Fees are intended to cover the normal, recurring costs associated with providing a
given service. Fees are non-refundable.
1.2 Prices. In some instances, the City provides certain goods and merchandise for sale.
Prices for these goods may be included in this resolution.
1.3 Payment Due. Fees are due at the time the action is requested (e.g., at time of
application) or occurs (e.g., prior to a specific action). An applicant may pay all fees of a
multi-phased project in advance; however, doing so does not vest applicable fees due.
Fees due are those in effect at the time the specific action or phase of an action is
requested or occurs.
Section 2. Cemetery Fees. Fees and prices for various services, actions, and merchandise for
cemetery use shall be as listed in Table 1: Cemetery Fees and Prices. Beginning on January 1,
2025, the rates set forth for the year 2024 shall be increased annually by the October reported
percentage increase of the consumer price index (CPI) for the Seattle -Tacoma-Bellevue area for all
urban consumers, or other measure commonly used by the city should it change; and provided further,
however , that notwithstanding any reduction in the CP OI, rates shall not decrease.
RESOLUTION NO. 2 0 2 3 4-XXX-
0 0 6
2021-008
Page 2 of 4
Table 1: Cemetery Fees and Prices
Product / Service / Action Fee $
Traditional Burial
Burial Lot 1,7601,860.00
Burial Lot Endowment Fee 440465.00
Opening & Closing (during business hours) 1,3501425.00
Opening & Closing (after business hours) 2,1002,225.00
Concrete Grave Liner 895940.00
Traditional Vaults
Wilbert Bronze 24,00025,200.00
Bronze Triune 7,00010,200.00
Copper Triune 6,3009,065.00
Monticello/ Salute 2,4002,700.00
Continental 2,7503,275.00
Venetian 3,6004,675.00
Cameo Rose/ SST Triune/ Veteran 5,8008,250.00
Wilbert Way Lowering Device Added in above
Wilbert Way Saturday Service Fee
9751075.00
Urn Vaults
Bronze/Copper Triune 1,5251,720.00
Cameo Rose/ SST Triune/ Veteran 1,3751,555.00
Venetian 1,0251,150.00
Monticello 775855.00
Universal 695775.00
lnurnment
Urn Garden Space 680720.00
Urn Garden Endowment Fee 170180.00
Second Right lnurnment 620657.00
Second Right lnurnment Endowment Fee 155163.00
Opening & Closing (during business hours) 550580.00
Opening & Closing (after business hours) 925975.00
Concrete Urn Liner 350370.00
Childrens Garden
Children's Garden Lot 360380.00
Children's Garden Lot Endowment Fee 9095.00
Opening & Closing (all times) 550580.00
Children's Garden Liner 425450.00
RESOLUTION NO. 2 0 2 3 4-XXX-
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2021-008
Page 3 of 4
Niche
Niche Wall Upper 12001260.00
Niche Wall Upper Endowment Fee 300315.00
Niche Wall Lower 10401100.00
Niche Wall Lower Endowment Fee 260275.00
Opening & Closing (during business hours) 550600.00
Opening & Closing (after business hours) 925975.00
Second Right Niche Wall (ALL) 540572.00
Second Right Niche Wall Endowment Fee 135143.00
Tent and Chairs for lnurnment 195205.00
Flower Vase for Niche Wall 195205.00
Replacement Flower Vase (vase only) 20.0022.50
lnscriptions
Niche Inscription - Single 395550.00
Niche Inscription - Double (both names and st DOD, 2nd DOD later) 495660.00
Flat Marker Final DOD Inscription & Re-Installation (off-site) 695730.00
Niche Final Inscription Only 225415.00
Flat Marker Final DOD Inscription (on site) 395415.00
Monument or Slant "single" Final DOD Inscription (off -site) 850895.00
Monument or Slant "companion" Final DOD Inscription (off site) 850895.00
Monument or Slant Final DOD Inscription (on site) 550580.00
Headstones & Monuments
Various Headstones, Memorials, Monuments, Benches, Pillows, Slants, etc. Call for Pricing
Installation Fees (includes inspection fee)
Flat Markers
Flat Marker- Children's Garden (up to 24" x 12") 200215.00
Flat Marker- 30" x 18" or smaller 300315.00
Flat Marker - 28" x 34" or larger 400420.00
Flat Marker Re -Installation Fee -All sizes 300315.00
Vase Block Installation
150160.00
Upright Monuments, Slants, Pillows and Benches
Standard Size "Individual" & Foundation 650685.00
Standard Size "Companion" & Foundation 750790.00
Standard Bench 750790.00
Monubench 850895.00
Other Company's Merchandise Installation Call for Quote
Miscellaneous Fees
Standard Inspection Fee (headstone, bench, vault, liner, etc.) 175185.00
Administration Service Fee 95100.00
Temporary Marker 4550.00
Other Services
Memorial Tree w/ garden marker 900950.00
RESOLUTION NO. 2 0 2 3 4-XXX-
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2021-008
Page 4 of 4
Disinterment/ Traditional Burial *Call for Pricing
Disinterment/ Cremation 725765.00
Pressure Washing 4045.00 for first headstone
2530.00 for each additional
headstone
Section 5. Repeal of Previous Cemetery Fee Resolution. Resolution No. 20212023-023 006is hereby
repealed.
Section 6. Effective Date. This resolution will become effective immediately upon passage.
PASSED by the City Council and APPROVED by the Mayor this 1st 17th day of May June 20232024.
CITY OF ARLINGTON
______________________________
Barbara TolbertDon E. Vanney, Mayor
ATTEST:
_____________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
_____________________________
Steve Peiffle, City Attorney
City of Arlington Council Agenda Bill Item: CA #4 Attachment E COUNCIL MEETING DATE: June 17, 2024 SUBJECT:
ATTACHMENTS: Draft Ordinance
Police; Jonathan Ventura, Chief EXPENDITURES REQUESTED: $0 BUDGET CATEGORY: BUDGET AMMOUNT: LEGAL REVIEW: DESCRIPTION:
This ordinance is in response to WA E2SSB 5051 and defines the different types of police commissions and under which circumstances the police chief may grant commissions.
ALTERNATIVES:
I move to approve the ordinance adding a new Arlington Municipal Code Section 2.32.070 relating to special police commissions, and authorize the Mayor to sign, pending final review by the City Attorney.
Ordinance Adding New Arlington Municipal Code Section 2.32.070 Relating to Police Commissions
ORDINANCE NO. 2024-XX 1
ORDINANCE NO. 2024-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
ADDING A NEW ARLINGTON MUNICIPAL CODE SECTION 2.32.070 RELATING TO
SPECIAL POLICE COMMISSIONS
WHEREAS, the City of Arlington has the authority to operate a police department within
the City; and
WHEREAS, the City wishes to clarify the police chief’s authority to commission special
police officers under certain circumstances; and
WHEREAS, the City Council wishes to make said provisions consistent with one another;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. A new Arlington Municipal Code subsection 2.32.070 shall be and hereby is
amended to read as follows:
2.32.070 Commissions. The police chief is authorized to issue the
following commissions of law enforcement authority:
(1) Full commissions shall be issued to all general authority police
officers in the police department who are employed on a full-time, fully
compensated basis.
(2) Special commissions may be issued to police services officers
who are employed on a full-time, fully compensated basis. Such special
commissions will be limited to enforcing animal control laws of the city and
non-criminal infractions relating to violations of City code.
(3) Special commissions may be issued by the chief of police to
civilian personnel employed by the police department. With authorization
from the city administrator, the chief of police may issue a special
commission to a city employee not employed by the police department.
Such special commissions shall not authorize such persons to carry
firearms or to effectuate an arrest. The commission authorized under this
section shall not vest any person with any police civil service or police
pension rights under federal or Washington State law or under any
ordinance or regulation.
(4) Special commissions may be issued to reserve officers as
defined in Revised Code of Washington (RCW) 43.101.010(11). Said
commissions shall be equivalent to full commissions whenever a reserve
officer is called into active service. Said commissions shall be effective only
during the hours that a reserve officer is on duty for the city.
(5) Special commissions may be issued to law enforcement officers
of other jurisdictions pursuant to Chapter 10.93 RCW.
ORDINANCE NO. 2024-XX 2
Section 2. 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 3. Effective Date. The title of this ordinance which summarizes the contents shall
be published in the official newspaper of the City. The ordinance shall take effect and be in full
force five (5) days after the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this 17th day of June, 2024.
CITY OF ARLINGTON
___________________________
Don E. Vanney, Mayor
Attest:
________________________________
Wendy Van Der Meersche, City Clerk
Approved as to form:
_________________________________
Steven J. Peiffle
City Attorney
City of Arlington Council Agenda Bill Item: CA #5Attachment FCOUNCIL MEETING DATE: June 17, 2024 SUBJECT: Ordinance amending Arlington Municipal Code Section 10.54.050(d) relating to city parking regulations
Draft Ordinance
Police; Jonathan Ventura, Chief EXPENDITURES REQUESTED: $0 BUDGET CATEGORY: BUDGET AMMOUNT: LEGAL REVIEW: DESCRIPTION: regulations.
This ordinance corrects discrepancies in the hours for which any vehicle, camper, or trailer can be parked upon a city street. It also creates a time limit for parking motor homes or trailers in city-owned parking lots. ALTERNATIVES:
I move to approve the ordinance amending Arlington Municipal Code Section 10.54.050(d) relating to city parking regulations and authorize the Mayor to sign the ordinance.
ORDINANCE NO. 2024-XX 1
ORDINANCE NO. 2024-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE TITLE 10 RELATING TO
THE CITY’S PARKING REGULATIONS
WHEREAS, the City of Arlington has the authority to regulate traffic and parking within
the City; and
WHEREAS, the City’s police department has noted a conflict between two city code
provisions; and
WHEREAS, the City Council wishes to make said provisions consistent with one another;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Arlington Municipal Code subsection 10.54.050(d) shall be and hereby is
amended to read as follows:
10.54.050 (d):
(1) No person shall park any trailer or camper upon any street or alley for more
than twenty-four seventy-two (72) hours.
(2) Persons stopping, standing or parking trailers that are attached to towing
vehicles shall abide by all parking regulations as set forth in this chapter.
(3) No person shall stand or park a truck, motor home, or truck tractor-trailer
combination which has a manufacturer's gross vehicle weight in excess of sixteen
thousand pounds, a length in excess of twenty feet or a width in excess of eight feet upon
any portion of a street or alley within any residential zone as defined in AMC Title 20,
except when:
(A) Property is actively loaded or unloaded from such vehicle;
(B) The vehicle is a city vehicle or public utility vehicle providing a service
to the public;
(C) The vehicle is an emergency vehicle; or
(D) Such vehicle is currently used at and is located at a specific location
within a residential zone for the purpose of providing services such as
construction, carpentry, plumbing or landscaping to such residence or location.
(4) Vehicles towing trailers or campers and motor homes may stand or park on a
city street in a residential zone for a maximum period of seventy-two hours in any thirty-
day period, if no other parking is available; provided said vehicles do not violate any
parking restrictions, such as posted time zones, weight, or length restrictions and meet
all other parking regulations.
(5) No person shall park any motor home or trailer in a city-owned parking lot for
more than twenty-four (24)seventy-two hours.
ORDINANCE NO. 2024-XX 2
Section 2. 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 3. Effective Date. The title of this ordinance which summarizes the contents shall
be published in the official newspaper of the City. The ordinance shall take effect and be in full
force five (5) days after the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this 17th day of June, 2024.
CITY OF ARLINGTON
______________________________
Don E. Vanney, Mayor
Attest:
________________________________
Wendy Van Der Meersche, City Clerk
Approved as to form:
_________________________________
Steven J. Peiffle
City Attorney
City of Arlington Council Agenda Bill Item: CA #6 Attachment G COUNCIL MEETING DATE: June 17, 2024 SUBJECT: Ordinance Amending Arlington Municipal Code Chapter 20.08 Definitions ATTACHMENTS: Ordinance, Staff Report, and Supporting Documents DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: code. The city updated definitions to ensure clarification and to meet the definitions of the State of Washington. Amendments were made to include new or revised definitions per Engrossed Second Substitute House Bill 1110, Engrossed Second Substitute House Bill 1220, Second Substitute Senate Bill 5290, Engrossed Substitute House Bill 1293, Engrossed Substitute House Bill 1998, and Engrossed Substitute House Bill 2321. HISTORY: The AMC Chapter 20.08 Zoning Code Amendments were proposed with the 2024 Docket. The proposed zoning code amendments are required to meet the regulations of the state through the above-mentioned House and Senate Bills. ALTERNATIVES: Remand to staff for additional information.
I move to approve the ordinance amending AMC Chapter 20.08 and authorize the Mayor to sign the ordinance.
ORDINANCE NO. 2024-XXX 1
ORDINANCE NO. 2024-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.08
OF THE ARLINGTON MUNICIPAL CODE REGARDING DEFINITIONS
UNDER CITY PLANNING NO. PLN 1174
WHEREAS, the city has proposed an update to the Definitions regulations; and
WHEREAS, the Arlington Planning Commission considered the revisions at docketing
meetings on February 6, 2024 and February 22, 2024, and then on May 7, 2024 and at a public
hearing conducted on May 21, 2024; 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 revisions at docketing meetings on March 11,
2024 and March 18, 2024; and
WHEREAS, the City Council considered the same at a workshop held on June 10, 2024,
their regular meeting on June 17, 2024, 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 1. Arlington Municipal Code section 20.08.010 shall be and hereby is
amended by adding or amending the following definitions as set forth herein:
Active Transportation means forms of pedestrian mobility including walking or running, the
use of a mobility assistive device such as a wheelchair, bicycling and cycling irrespective of the
number of wheels, and the use of small personal devices such as foot scooters or skateboards.
Active transportation includes both traditional and electric assist bicycles and other devices.
Planning for active transportation must consider and address accommodation pursuant to the
Americans with Disabilities Act and the distinct needs of each form of active transportation.
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ORDINANCE NO. 2024-XXX 2
Active Transportation Facilities means facilities provided for the safety and mobility of
active transportation users including, but not limited to, trails, as defined in RCW 47.30.005,
sidewalks, bike lanes, shared-use paths, and other facilities in the public right-of-way.
Adopt a Comprehensive Land Use Plan means to enact a new comprehensive land use plan
or to update an existing comprehensive land use plan.
Agriculture Land means land used for commercial production (as shown by financial record)
of horticultural, viticultural, floricultural, dairy, apiary, or animal products, or of vegetables,
Christmas trees, berries, grain, hay, straw, turf, seed, or livestock, and that has long-term (6
years or longer) commercial significance for agricultural production.primarily devoted to the
commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or
animal products or of berries, grain, hay straw, turf, seed, Christmas trees not subject to the
excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or
livestock, and that has long-term commercial significance for agricultural production.
Change of Use means any change in the use, purpose, or level of activity within a building(s)
or on any parcel of property.
Closed Record Appeal means an administrative appeal on the record to a local government
body or officer, including the legislative body, following an open record hearing on a project
permit application when the appeal is on the record with no or limited new evidence, or
information allowed to be submitted and only appeal argument allowed.
Co-Living Housing means a residential development with sleeping units that are
independently rented and lockable and provide living and sleeping space, and residents share
kitchen facilities with other sleeping units in the building. Local governments may use other
names to refer to co-living housing including, but not limited to, congregate living facilities,
single room occupancy, rooming house, boarding house, lodging house, and residential suites.
Cottage Housing means a development of single family detached dwelling units constructed
in groups located on a commonly owned piece of property with each unit no larger than 1,200
square feet. The units are built around common open space, with minimal private yards. Units
do not have individual garages; parking is located in separate areas or in structures on the
periphery of the site in order to minimize space taken up by driveways. Residential units on a
lot with a common open space that either: (a) Is owned in common; or (b) has units owned as
condominium units with property owned in common and a minimum of 20 percent of the lot
size as open space.
Courtyard Apartments means attached dwelling units arranged on two or three sides of a
yard or court.
Design Review Administrative means a development permit process whereby an application
is reviewed, approved, or denied by the Community and Economic Development Director or the
Community and Economic Development Director’s designee based solely on objective design
and development standards without a public pre-decision hearing, unless such review is
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ORDINANCE NO. 2024-XXX 3
otherwise required by state or federal law, or the structure is a designated landmark or historic
district established under a local preservation ordinance. A city may utilize public meetings,
hearings, or voluntary review boards to consider, recommend, or approve requests for
variances from locally established design review standards. Criteria is listed in §20.46 Design.
Design Review Board means the members of the Planning Commission that act as the
decision-making body for the design, through a recommendation to city staff, of new
development projects and exterior changes to existing buildings with a value over $100,000.
per the regulations of §20.46 Design.
Development Regulations means the controls placed on development or land use activities
by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances,
shoreline master programs, official controls, planned unit development ordinances, subdivision
ordinances, and binding site plan ordinances together with any amendments thereto. A
development regulation does not include a decision to approve a project permit application, as
defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or
ordinance of the legislative body of the county or city.
Dwelling Unit means a room, or rooms within a dwelling, configured as described herein
and occupied or intended to be occupied by one family only as living accommodations
independent from any other family on a monthly or longer basis. A dwelling unit shall be a
separate area that includes:
1) a complete food preparation area containing a sink, a stove or range, a refrigerator,
and a countertop;
2) a bathroom containing a toilet, and a shower or bathtub; and
3) one or more sleeping rooms. For the purposes of this definition, a separate area is an
area having direct access to the exterior of the building or access to the exterior via
hallways, stairways, and elevators that are primarily ingress/egress routes to the
exterior rather than leading to common kitchens and living areas.
Dwelling Unit means a residential living unit that provides complete independent living
facilities for one or more persons and that includes permanent provisions for living, sleeping,
eating, cooking, and sanitation, and that is sold or rented separately from other dwelling units.
Emergency means an unexpected situation that poses an immediate danger to life, health,
or property and demands immediate action to prevent or mitigate loss or damage to life,
health, property, or essential public services.
Emergency Hazardous Situation means a condition that is an immediate and substantial
danger to human health, safety, or welfare, or to the environment.
Enhanced Service Facility means a residential facility licensed by the Washington State
Department of Social and Health Services and as defined by RCW 70.97.010 (5) or as amended
by State Legislature. Enhanced Service Facility (ESF) means a residential facility that provides
services to persons for whom acute inpatient treatment is not medically necessary and who
have been determined by the Department of Social and Health Services to be inappropriate for
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ORDINANCE NO. 2024-XXX 4
placement in other licensed facilities due to complex needs. In accordance with WAC 388-107-
0700, three types of enhanced service facilities are based off of building occupancy
requirements:
(1) Enhanced Service Facility Category 1 – Nursing Home Type Resident(s) physically or
cognitively incapable of self-preservation.
(2) Enhanced Service Facility Category 2 – Assisted Living Type Resident(s) capable of
self-preservation with physical assistance from another person.
(3) Enhanced Service Facility Category 3 – Adult Family Home Type. No more than six
residents that are capable of evacuating the facility within five minutes.
Environmental Justice means the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to development,
implementation, and enforcement of environmental laws, regulations, and policies.
Environmental justice include addressing disproportionate environmental and health impacts in
all laws, rules, and policies with environmental impacts by prioritizing vulnerable populations
and overburdened communities and the equitable distribution of resources and benefits.
Essential Public Facilities means those facilities that are typically difficult to site, such as
airports, state education facilities, and state or regional transportation facilities as defined in
RCW 47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and
local correctional facilities, solid waste handling facilities, opioid treatment programs including
both mobile and fixed-site medication units, recovery residences, harm reduction programs
excluding safe injection sites, and inpatient facilities including substance use disorder treatment
facilities, mental health facilities, group homes, community facilities as defined in RCW
72.05.020, and secure community transition facilities as defined in RCW 71.09.020.
Freight Rail Dependent Uses means buildings and other infrastructure that are used in the
fabrication, processing, storage, and transport of goods where the use is dependent on and
makes use of an adjacent short line railroad. Such facilities are both urban and rural
development for purposes of this chapter. “Freight Rail Dependent Uses” does not include
buildings or other infrastructure that are used in the fabrication, processing, storage, and
transport of coal, liquefied natural gas, or “crude oil” as defined in RCW 90.56.010.
Green Infrastructure means a wide array of natural assets and built structures within an
urban growth area boundary, including parks and other areas with protected tree canopy, and
management practices at multiple scales that manage wet weather and that maintain and
restore natural hydrology by storing, infiltrating, evapotranspiring, and harvesting and using
stormwater.
Green Space means an area of land, vegetated by natural features such as grass, trees, or
shrubs, within an urban context and less than one acre in size that creates public value through
one or more of the following attributes:
(a) Is accessible to the public;
(b) Promotes physical and mental health of residents;
(c) Provides relief from the urban heat island effects;
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ORDINANCE NO. 2024-XXX 5
(d) Promotes recreational and aesthetic values;
(e) Protects streams or water supply; or
(f) Preserves visual quality along highway, road, or street corridors.
Harmony means a quality that represents an appropriate and congruent arrangement of
parts, as in an arrangement of varied architectural and landscape elements.
Homeless means a person, persons, family, or families who do not have fixed, regular,
adequate, or safe shelter, nor sufficient funds to pay for such shelter.
Industry means economic activity concerned with the processing of raw materials and
manufacture of good goods in factories.
Interior Alteration means construction activities that do not modify the existing site layout
or its current use and involves no exterior work adding to the building footprint.
LID Facilities or Low Impact Development Facilities means distributed stormwater
management practices, integrated into a project design, that emphasize pre-disturbance
hyrologichydrologic processes of infiltration, filtration, storage, evaporation and transpiration.
LID BMPs include, but are not limited to: bioretention, rain gardens, permeable materials, roof
downspout controls, dispersion, soil quality and depth, minimal excavation foundations,
vegetated roofs, and water re-use.
Local Government means a county, city, or town.
Low-income household means a single person, family, or unrelated persons living together
whose adjusted income is at or below eighty percent of the median household income adjusted
for household size, for the county where the household is located, as reported by the United
States department of housing and urban development, or less than 80 percent of the city’s
median income if the project is located in the city, the city has median income of more than 20
percent above the county median income, and the city has adopted an alternative local median
income.
Major Transit Stop means:
(a) A stop on a high-capacity transportation system funded or expanded under the
provisions of chapter 81.104 RCW;
(b) Commuter rail stops;
(c) Stops on rail or fixed guideway systems, including transitways;
(d) Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes;
or
(e) Stops for a bus or other transit mode providing actual fixed route service at intervals
of at least 15 minutes for at least five hours during the peak hours of operation on
weekdays.
Middle Housing means buildings that are compatible in scale, form, and character with
single-family houses and contain two or more attached, stacked, or clustered homes including
duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard
apartments, and cottage housing.
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ORDINANCE NO. 2024-XXX 6
Moderate-income household means a single person, family, or unrelated persons living
together whose adjusted income is at or below 120 percent of the median household income
adjusted for household size, for the county where the household is located, as reported by the
United States department of housing and urban development, or less than 120 percent of the
city’s median income if the project is located in the city, the city has median income of more
than 20 percent above the county median income, and the city has adopted an alternative local
median income.
Multiplex Housing means a building with up to six dwelling units consolidated into a single
structure with common walls and floors and a functional primary street entrance, or a building
of up to three stories containing up to six dwelling units consolidated into a single structure.
Non-Responsiveness means that an applicant is not making demonstrable progress on
providing additional requested information to the local government, or that there is no ongoing
communication from the applicant to the local government on the applicant’s ability or
willingness to provide the additional information.
Open Record Hearing means a hearing, conducted by a single hearing body or officer
authorized by the local government to conduct such hearings, that creates the local
government’s record through testimony and submission of evidence and information, under
procedures prescribed by the local government by ordinance or resolution. An open record
hearing may be held prior to a local government’s decision on a project permit to be known as
an “open record predecision hearing”. An open record hearing may be held on an appeal, to be
known as an “open record appeal hearing,” if no open record predecision hearing has been
held on the project permit.
Overburdened Community means a geographic area where vulnerable populations face
combined, multiple environmental harms and health impacts, and includes, but is not limited
to, highly impacted communities as defined by RCW 19.405.020.
Project Permit or Project Permit Application means any land use or environmental permit or
license required from a local government for a project action, including but not limited to
subdivisions, binding site plans, planned unit developments, conditional uses, shoreline
substantial development permits, site plan review, permits or approvals required by critical
area ordinances, site-specific rezones which do not require a comprehensive plan amendment,
but excluding the adoption or amendment of a comprehensive plan, subarea plan, or
development regulations except as otherwise specifically included in this subsection.
Property, when related to emergency or transitional housing per WAC 458-16-320, means
real or personal property used by a nonprofit organization, association, or corporation in
providing emergency or transitional housing and support services for low-income homeless
persons or victims of domestic violence.
Public Facilities means streets, roads, highways, sidewalks, street and road lighting systems,
traffic signals, domestic water systems, storm and sanitary sewer systems, parks and
recreational facilities, and schools.
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ORDINANCE NO. 2024-XXX 7
Public Meeting means an informal meeting, hearing, workshop, or other public gathering of
people to obtain comments from the public or other agencies on a proposed project permit
prior to the local government’s decision. A public meeting may include, but is not limited to, a
design review or architectural control board meeting, a special review district or community
council meeting, or a scoping meeting on a draft environmental impact statement. A public
meeting does not include an open record hearing. The proceedings at a public meeting may be
recorded and a report or recommendation may be included in the local government’s project
permit application file.
Public Services means fire protection and suppression, law enforcement, public health,
education, recreation, environmental protection, and other governmental services.
Residence, Multi-Family Townhouses means a multi-family resident use in which each
dwelling unit shares a common wall (including without limitation the wall of an attached garage
or porch) with at least one other dwelling unit and in which each dwelling unit has living space
on the ground floor and a separate, ground floor entrance. Buildings that contain three or more
attached single-family dwelling units that extend from foundation to roof and that have a yard
or public way on not less than two sides.
Residential Permit means a permit issued by a city or county that satisfies the conditions of
RCW 19.27.015 (5) and is within the scope of the international residential code, as adopted in
accordance with chapter 19.27 RCW.
Single-Family Zones means those zones where single-family detached housing is the
predominant land use.
Short Line Railroad means those railroad lines designated class II or class III by the United
States surface transportation board.
Stacked Flat means dwelling units in a residential building of no more than three stories on
a residential zoned lot in which each floor may be separately rented or owned.
Subarea means a physical region that makes up a portion of the city.
Subarea Plan means a type of long-range planning for a limited geographic area within a
community. These subarea plans focus on goals and policies to form the framework for the plan
as well as specific goals and policies for land-use, environmental protection, and transportation.
Subdivision, Unit Lot means an alternative to conventional subdivision process by which the
location of a building on a lot can be placed in such a manner that one or more of the building’s
sides rests directly on a lot line, allowing for the creation of fee simple lots for duplex,
townhome, rowhouse, and cottage housing developments, in zones where such uses are
permit. Each building shall not be less than one two units or exceed ten units and shall maintain
a ten-foot separation from other buildings. A major unit lot subdivision is 10 lots or more and a
minor unit lot subdivision is 9 lots or less.
Supportive Services means resume writing, training, vocational and psychological
counselling, or other similar programs designed to assist the homeless in independent living.
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ORDINANCE NO. 2024-XXX 8
Transitional housing means one or more dwelling units owned, operated, or managed by a
nonprofit organization or governmental entity in which supportive services are provided to
individuals and families that were formerly homeless, with the intent to stabilize them and
move them to permanent housing within a period of not more than twenty-four months, or
longer if the program is limited to tenants within a specified age range or the program is
intended for tenants in need of time to complete and transition from educational or training or
service programs.a facility that provides housing and supportive services to homeless
individuals or families for up to two years and whose primary purpose is to move into
independent living and permanent housing.
Transportation System means all infrastructure and services for all forms of transportation
within a geographical area, irrespective of the responsible jurisdiction or transportation
provider.
Urban Governmental Services or Urban Services means those public services and public
facilities provided at an intensity historically and typically provided in cities, specifically
including storm and sanitary sewer systems, domestic water systems, street cleaning services,
fire and police protection services, public transit services, and other public utilities associated
with urban areas and normally not associated with rural areas.
Urban Growth means growth that makes intensive use of land for the location of buildings,
structures, and impermeable surfaces to such a degree as to be incompatible with the primary
use of land for the production of food, other agricultural products, or fiber, or the extraction of
mineral resources, rural uses, rural development, and natural resource lands designated
pursuant to RCW 36.70A.170. A pattern of more intensive rural development, as provided in
RCW 36.70A.070 (5)(d), is not urban growth. When allowed to spread over wide areas, urban
growth typically requires urban governmental services. “Characterized by urban growth” refers
to land having urban growth located on it, or to land located in relationship to an area with
urban growth on it as to be appropriate for urban growth.
Urban Growth Area means that portion of the city's planning jurisdiction that lies outside
the corporate limits of the city and within the Urban Growth Boundary.designated by a county
pursuant to RCW 36.70A.110.
Use of Existing Buildings for Residential Purposes means a building that received a
certificate of occupancy at least three years prior to the permit application to add housing
units.
Vehicle Accommodation Area means that portion of a lot that is used by vehicles for access,
circulation, parking, and loading and unloading, including vehicle and equipment sale or rental
display areas. It comprises the total of circulation areas, loading and unloading areas, and
parking areas.
Victim(s) of Domestic Violence means either an adult(s) or a child(ren) who have been
physically or mentally abused and who fled his or her home out of fear for his or her safety.
Vulnerable Populations means (a) population groups that are more likely to be at higher risk
for poor health outcomes in response to environmental harms, due to (i) Adverse
socioeconomic factors, such as unemployment, high housing and transportation costs relative
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ORDINANCE NO. 2024-XXX 9
to income, limited access to nutritious food and adequate health care, linguistic isolation, and
other factors that negatively affect health outcomes and increase vulnerability to the effects of
environmental harms; and (ii) sensitivity factors, such as low birth weight and higher rates of
hospitalization. (b) Vulnerable Populations includes but is not limited to: (i) Racial or ethnic
minorities; (ii) Low-income populations; and (iii) Populations disproportionately impacted by
environmental harms.
Water Slides means a continuous wettedwet chute, down which people slide into a pool
typically located at an amusement park or water park.
Washington Wildland-Urban Interface Map means the Washington department of natural
resources map designated urban areas, wildland-urban interface, wildland-urban intermix,
wildlands, and long-term non-buildable areas, designated as the Washington wildland -urban
interface as mapped for 2019 by the Washington state department of natural resources –
wildfire and forest health divisions under consultation from the USFS Rocky Mountain Research
Station.
Wildland Urban Interface / Intermix Area means the geographical area where structures and
other human development meet or intermingles with wildland vegetative fuels.
Section 2. 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 3. 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 _____________________, 2024.
CITY OF ARLINGTON
____________________________________
Don E. Vanney, Mayor
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ORDINANCE NO. 2024-XXX 10
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
Staff Report & Recommendation
AMC Chapter 20.08 Zoning Code Amendment – PLN#1174
Page 1 of 3
CITY COUNCIL STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Meeting Date: June 10, 2024
Date Prepared: June 4, 2024
Regarding: 2024 AMC Chapter 20.08 Zoning Code Amendment – PLN#1174
A. INTRODUCTION The AMC Chapter 20.08 – Definitions Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the definitions chapter.
GENERAL INFORMATION
Applicant: City of Arlington
Project Description: 2024 AMC Chapter 20.08 Zoning Code Amendment
Requested Action: City Council Approval
B. DETAILED PROJECT INFORMATION The 2024 AMC Chapter 20.08 Zoning Code Amendment includes updates to the definitions chapter of the code. The city updated the definitions to ensure clarification and to meet the definitions of the State of Washington. Amendments were made to include new or revised definitions per Engrossed Second Substitute House Bill 1110, Engrossed Second Substitute House Bill 1220, Second Substitute Senate Bill 5290, Engrossed Substitute House Bill 1293, Engrossed Substitute House Bill 1998, and Engrossed Substitute House Bill 2321.
C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE:
Type of Determination Issued Date Distribution and Public Notice
SEPA Determination on Non-Significance (DNS) 4/22/2024 City Public Notice Website Emailed to Review Agencies Posted at City Hall, Arlington Library, Smokey Point Post Office The Herald Published Date – 4/23/2024 Comment Period – 4/23/2024 to 5/7/2024
Planning Division th
Staff Report & Recommendation
AMC Chapter 20.08 Zoning Code Amendment – PLN#1174
Page 2 of 3
Public comments received during the public comment period.
Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT:
Public Notice and
Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations 2/06/2024, 2/22/2024, 5/7/2024, 5/21/2024 Planning Commission Agenda Online Planning Commission Email Distribution List
Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 3/22/2024 Deadline for 60-Day Review – 5/21/2024
Planning Commission Public Hearing 5/21/2024 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 4/23/2024 City Council Public Meeting Presentations
Workshop: 6/10/2024 Meeting: 6/17/2024 City Council Agenda Online City Council Email Distribution List
3. COMPREHENSIVE PLAN COMPLIANCE:
Goal Goal Description Summary GO – 1 Ensure City Goals and Policies are consistent with the Growth Management Act.
GO – 2 Continue to provide effective stewardship over the natural and built environments within the City, ensuring harmony between both environments through application of best practice techniques. GO – 3 Work towards promoting and maintaining an urban environment within the City that enhances livability for its residents. GH - 4 Encourage the development of special needs housing within the City. GH-6 Establish and maintain a streamlined permitting process to help create predictability for customers. GH - 8 Promote and facilitate the provision of affordable housing in all areas and zoning districts of the City.
Staff Report & Recommendation
AMC Chapter 20.08 Zoning Code Amendment – PLN#1174
Page 3 of 3
4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS
Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. has followed the provision of Chapter 20.96 by being processed through the 2024 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development.
process. The City Council approved the 2024 Final Docket through Resolution 2024-008.
Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106.
Department of Commerce on March 22, 2024 for the standard 60-day review.
Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020.
hearing at the May 21, 2024 Planning Commission Meeting. The public noticing is described under Section 2 above.
Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision.
Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting.
Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and
provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision.
(d) RECOMMENDATION Staff recommends that Arlington City Council approve the 2024 AMC Chapter 20.08 Zoning Code Amendment, PLN#1174.
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 1 Revised October 2022June 2024
Chapter 20.08
BASIC DEFINITIONS AND INTERPRETATIONS
Sections:
20.08.010 Definitions of Basic Terms.
20.08.010 Definitions of Basic Terms.
Unless otherwise specifically provided, as when a particular chapter contains its own definition
section, or unless clearly required by the context, the words and phrases defined in this section
shall have the meaning indicated when used in this title.
Abandonment means to cease or discontinue a use or activity without intent to resume but
excluding temporary or short-term interruptions to a use or activity during periods of remodeling,
maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation
or seasonal closure.
Abutting means having a common border with or being separated from such common border
by an alley or easement.
Access means a way of approaching or entering a property. Access includes ingress, the right
to enter, and egress, the right to leave by vehicular, pedestrian, or other ingress and egress to a lot
or parcel.
Access Easement means an easement dedicated primarily for ingress/egress to one or more
lots, although utility lines may also be placed within the easement, and within which the parking
of vehicles is prohibited.
Access Tract means a privately owned tract of land whose sole function is to provide access to
abutting properties and over which an access easement has been dedicated.
A Single-Family Residential Access Tract or Easement serves or is designed to serve not more
than four dwelling units and is expected to or does handle up to 40 average trips per day.
A Non-Single-Family Residential Access Tract or Easement is a private road internal to a single
non-Single-Family Residential development intended to provide access to the public or rear-lot
property owners. Such “private roads” can only be used where, in the opinion of the Community
and Economic Development Director, there is no potential or need for connection of public streets
from one side of a property to another. The permit-issuing authority must approve their use.
Accessory Antenna Device means antennae that are less than 12 inches in height or width,
excluding the support structure. Examples include, but are not limited to, test mobile antennae or
global positioning system (GPS) antennae.
Accessory Building. See Building, Accessory.
Accessory Dwelling Unit (ADU) means a fully independent secondary living unit that is located
on the same property as the primary dwelling. An ADU can be either attached or detached from
the primary structure.
Accessory Use means uses, facilities, and activities normally associated with a use listed as a
permitted use in a zone and are permitted as part of the permitted use on the same lot as the
principal structure. The accessory use, facility or activity must be clearly secondary to the
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 2 Revised October 2022June 2024
permitted use. The primary use or activity shall be established before or concurrent with the
accessory use or activity (see §20.40.050, Accessory Uses)
Acres, Gross means the entire acreage of a site. Gross acreage is the total area of the site before
street right-of-way dedication.
Acres, Net means the portion of the site that can actually be built upon. The following generally
are not included in the net acreage of a site: public or private road rights-of-way, public open space,
critical areas, and floodways.
Active Transportation means forms of pedestrian mobility including walking or running, the
use of a mobility assistive device such as a wheelchair, bicycling and cycling irrespective of the
number of wheels, and the use of small personal devices such as foot scooters or skateboards.
Active transportation includes both traditional and electric assist bicycles and other devices.
Planning for active transportation must consider and address accommodation pursuant to the
Americans with Disabilities Act and the distinct needs of each form of active transportation.
Active Transportation Facilities means facilities provided for the safety and mobility of active
transportation users including, but not limited to, trails, as defined in RCW 47.30.005, sidewalks,
bike lanes, shared-use paths, and other facilities in the public right-of-way.
ADA means Americans with Disabilities Act. For purposes of planning and land use, federal
law that requires businesses and public facilities and conveyances be accessible to individuals with
disabilities.
Addition (to an existing building) means any walled and roofed expansion to the perimeter of
a building in which the addition is connected by a common wall other than a firewall. Any walled
and roofed addition that is connected by a firewall or is separated by independent perimeter walls
is considered to be new construction.
Adjacent means that which lies near or close to, not widely separated nor necessarily touching.
Adjacent Property Owner means any property owner of record, according to the records of the
County Assessor, whose property adjoins or abuts property proposed for division or any portion
thereof, or whose property is within three hundred (300) feet of the property proposed for division.
Adjoining means that which is joined or united and touching.
Adopt a Comprehensive Land Use Plan means to enact a new comprehensive land use plan or
to update an existing comprehensive land use plan.
Adult Entertainment.
(a) “Adult entertainment establishments” means adult motion picture theaters, adult drive-in
theaters, adult bookstores, adult cabarets, adult video stores, adult retail stores, adult
massage parlors, adult sauna parlors, or adult bathhouses, which are defined as follows:
(1) “Adult bath house” means a commercial bathhouse, which excludes any person by
virtue of age from all or any portion of the premises;
(2) “Adult bookstore” means a retail establishment in which:
(A) 10% or more of the “stock-in-trade” consists of books, magazines, posters,
pictures, periodicals, or other printed materials distinguished or characterized by
an emphasis on matter depicting, describing or relating to “specified sexual
activities” or “specified anatomical areas”; and
(B) Any person is excluded by virtue of age from all or part of the premises generally
held open to the public where such material is displayed or sold.
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City of Arlington 20.08 - 3 Revised October 2022June 2024
(3) “Adult cabaret” means a commercial establishment that presents go-go dancers,
strippers, male or female impersonators, or similar types of entertainment and which
excludes any person by virtue of age from all or any portion of the premises.
(4) “Adult massage parlor” means a commercial establishment in which massage or other
touching of the human body is provided for a fee and which excludes any person by
virtue of age from all or any portion of the premises in which such services is provided.
(5) “Adult motion picture theater” means an establishment, place (indoor or outdoor),
building, enclosure, or portion thereof, used for presenting material distinguished or
characterized by an emphasis on matter depicting, describing, or relating to “specified
sexual activities” or “specified anatomical areas” for observation by patrons therein.
(6) “Adult retail store” means retail establishment in which:
(A) 10% of more of the “stock-in-trade” consists of books, magazines, posters,
pictures, periodicals, or other printed materials distinguished or characterized by
an emphasis on matter depicting, describing or relating to “specified sexual
activities” or “specified anatomical areas”; and
(B) Any person is excluded by virtue of age from all or part of the premises generally
held open to the public where such material is displayed or sold.
(7) “Adult sauna parlor” means a commercial sauna establishment that excludes any person
by virtue of age from all or any portion of the premises.
(8) “Adult video store” means a retail establishment in which:
(A) 10% of more of the “stock-in-trade” consists of books, magazines, posters,
pictures, periodicals, or other printed materials distinguished or characterized by
an emphasis on matter depicting, describing, or relating to “specified sexual
activities” or “specified anatomical areas”; and
(B) Any person is excluded by virtue of age from all or part of the premises generally
held open to the public where such material is displayed or sold.
(b) “Specified anatomical areas” means:
(1) Less than completely and/or opaquely covered human genitals, pubic region, buttock,
or female breast below a point immediately above the top of the areola;
(2) Human male genitals in a discernibly turgid state even if completely or opaquely
covered.
(c) “Specified sexual activities” means:
(1) Acts of human masturbation, sexual intercourse, or sodomy; or
(2) Fondling or other erotic touching of human genitals, pubic region, buttock or female
breast; or
(3) Human genitals in a state of sexual stimulation or arousal.
(d) “Stock-in-trade” means:
(1) The retail dollar value of all products, equipment, books, magazines posters, pictures,
periodicals, prerecorded video tapes, discs, or similar material readily available for
purchase, rental, viewing, or use by patrons of the establishment, excluding material
located in any storeroom or other portion of the premises not regularly open to patrons;
or
(2) The number of titles of all products, equipment, books, magazines, porters, pictures,
periodicals, other printed materials, prerecorded video tapes, discs, or similar material
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 4 Revised October 2022June 2024
readily available for purchase, rental, viewing, or use by patrons of the establishment,
excluding material located in any storeroom or other portion of the premises not
regularly open to patrons.
Adult Family Home means 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.
Adverse Impact means a negative consequence for the physical, social, or economic
environment resulting from an action or project.
Affordable Housing means, unless the context clearly indicates otherwise, residential housing
whose monthly costs, including utilities other than telephone, do not exceed thirty percent of the
monthly income of a household whose income is:
(a) For rental housing, sixty percent of the median household income adjusted for
household size, for the county where the household is located, as reported by the United
States department of housing and urban development; or
(b) For owner-occupied housing, eighty percent of the median household income adjusted
for household size, for the county where the household is located, as reported by the
United States department of housing and urban development.
Agriculture Land means land used for commercial production (as shown by financial record)
of horticultural, viticultural, floricultural, dairy, apiary, or animal products, or of vegetables,
Christmas trees, berries, grain, hay, straw, turf, seed, or livestock, and that has long-term (6 years
or longer) commercial significance for agricultural production.primarily devoted to the
commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or
animal products or of berries, grain, hay straw, turf, seed, Christmas trees not subject to the excise
tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and
that has long-term commercial significance for agricultural production.
Agriculture means the tilling of soil, the raising of crops, horticulture, viticulture, small
livestock farming, pasturing, grazing, poultry, dairying and/or animal husbandry, including all uses
customarily incidental thereto except small animal husbandry.
Agency with Jurisdiction means an agency with authority to approve, veto, or finance all or
part of a SEPA-nonexempt proposal (or part of a proposal). The term does not include an agency
authorized to adopt rules or standards of general applicability that could apply to a proposal, when
no license or approval is required from the agency for the specific proposal. The term also does
not include a local, state, or federal agency involved in approving a grant or loan, that serves only
as a conduit between the primary administering agency and the recipient of the grant or loan.
Federal agencies with jurisdiction are those from which a license or funding is sought or required.
Aircraft Painting and Air Frame Repair means a building used for air frame repair and/or
painting of an aircraft.
Aircraft Parking and Storage means a designated area for the parking or storage of aircraft that
provides tiedowns or provides hangars space.
Aircraft Parts and Installation means an establishment that provides the sale of aircraft parts
and installation of parts.
Aircraft Repair and Maintenance means service, repair, or maintenance of aircraft, including
but not limited to rehabilitation, mechanical repairs, and lubrication.
Aircraft Sales or Rentals means an establishment for the sale/rental of aircraft and includes
supplementary maintenance and sale of parts and accessories.
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 5 Revised October 2022June 2024
Aircraft Wash means an area designated with access to water and provides stormwater controls
for the washing of aircraft.
Airport means any area of land or water designed and set aside for the landing and take-off of
aircraft, including all necessary facilities for the housing and maintenance of aircraft.
Alterations means a change or rearrangement of the structural parts of existing facilities, or
an enlargement by extending the site or increasing the height or depth or moving from one location
to another. In buildings for business, commercial, industrial or similar uses, the installation or
rearrangement of partitions affecting more than one-third of a single floor area shall be considered
an alteration.
Alley means a public or private way permanently reserved as a secondary means of access to
abutting property.
Ambulance Service means patient transport services, nontransport prehospital life support
services, and advanced life support, paramedic, and medical first-responder services.
AMC means the Arlington Municipal Code.
Amphitheater means an outdoor man-made structure or geological formation used for viewing
lectures, concerts, or theatrical performances. The stage or focal point is at the lowest level, and
sloped seating ascends in straight or curved rows.
Annexation means to incorporate a land area into an existing district or municipality, with the
resulting change in the boundaries of the annexing jurisdiction.
Antenna means any system of poles, panels, rods, reflecting discs or similar devices used for
the transmission or reception of radio frequency signals.
(1) Omni-directional antenna (also known as a “whip” antenna) transmits and receives radio
frequency signals in a three hundred sixty degree radial pattern. For the purpose of this
document, an omni-directional antenna is up to fifteen (15) feet in height and up to four
(4) inches in diameter.
(2) Directional antenna (also known as a “panel” antenna) transmits and receives radio
frequency signals in a specific directional pattern of less than three hundred sixty (360)
degrees.
(3) Parabolic antenna (also known as a dish antenna) is a bowl-shaped device for the reception
and/or transmission radio frequency communications signals in a specific directional
pattern.
Appeal means when a person believes a decision was made in error, an appeal may be filed so
that a higher decision-making body can review the case.
Applicant means a person, partnership, corporation, or other legal entity who applies for any
approval under this Title and who is an owner of the subject property or the authorized agent of
the owner. The applicant for a project permit is deemed to be a participant in any comment period,
open record hearing, or closed record appeal.
Appropriate means that which is compatible with a facility's natural, cultural, or recreational
resources, recognizing the purpose of the established area.
Aquaculture means the cultivation of aquatic plants and/or animals for human use or
consumption. Aquaculture may include hatcheries, marine crop production, and other similar uses
that occur in either fresh or salt water.
Aquifer means a groundwater bearing geologic formation or formations that contains
sufficient amounts of saturated material to yield water.
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 6 Revised October 2022June 2024
Aquifer Recharge Area means a body of permeable materials that collects precipitation or
surface water and transmits it to the aquifer.
Arterial Street. See Street, Arterial.
Art Gallery or Center means a room or building for the display or sale of works of art.
Assembly of Goods, Merchandise, or Equipment means the manufacturing process of
combining individual components to a product in a sequential manner to create a product.
Assessed Valuation means the value at which property is appraised for tax purposes.
Athletic Facility means enclosed areas of sports pavilions, stadiums, gymnasiums, health clubs,
and other similar places where members of the general public assemble to engage in physical
exercise, participate in athletic competition, or witness sporting events.
Athletic Fields means a developed recreation area that may contain a playground as well as
fields for competitive sports such as baseball, football, soccer, lacrosse, or other outdoor sports.
Temporary bleachers and field equipment or storage buildings may be provided.
Attorney or Legal Services means services involving legal or law related matters like issue of
legal opinion, filing, pleading, and defending lawsuits by a lawyer or attorney practicing law
related services.
Automobile Graveyard means an establishment or place of business which is maintained, used,
or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor
vehicles or motor vehicle parts.
Automobile Recycling Facility means the use of land, buildings, or structures or portion thereof
where good, wares, merchandise, articles or things are dismantled and/or sorted for further use and
where such goods, wares, merchandise, articles or things are stored wholly or partly in the open
and includes a junk yard, scrap metal yard, and motor vehicle wrecking yard or premises.
Awning means any movable roof-like structure cantilevered, or otherwise entirely supported
from a building, so constructed and erected as to permit its being readily and easily detached,
moved, or rolled or folded back to a position flat against the building or a cantilevered projection
thereof.
Bank, Financial Institution means an institution engaged and licensed in the business of
providing financial services to customers who maintain credit, deposit, trust, or other financial
account or relationship with the institution. Banks may also provide financial services such as
wealth management, currency exchange, and safe deposit boxes.
Bar Establishment means a retail establishment that serves alcoholic beverages, such as beer,
wine, liquor, cocktails, and other beverages. A bar is also known as a saloon, tavern, or pub.
Base Flood means the flood having a one percent chance of being equaled or exceeded in any
given year. Also known as the 100-year flood.
Best Management Practice (BMP).
(a) When associated with stormwater management means physical, structural, and/or
managerial practices that, when used singly or in combination, prevent or reduce pollution
of water.
(b) When associated with groundwater protection means a written plan outlining accepted
practices, such as liquid containment, transfer practices, and emergency procedures whose
purpose is to prevent contamination from contaminated land uses; for instance, monitoring
and secondary containment for underground storage tanks.
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City of Arlington 20.08 - 7 Revised October 2022June 2024
(c) When associated with Environmentally Critical Areas, BMPs are the best available
conservation practices or systems of practices and management measures that:
(1) Control soil loss and protect water quality from degradation caused by nutrients,
animal waste, toxins, and sediment; and
(2) Minimize adverse impacts to surface water and groundwater flow, circulation
patterns, and to the chemical, physical, and biological characteristics of critical areas.
Battery Charging Station means an electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric vehicles, which meets or
exceed any standards, codes, and regulations set forth in Chapter 19.28 RCW and consistent with
rules adopted under RCW 19.27.540.
Battery Electric Vehicle (BEV) means any vehicle that operates exclusively on electrical
energy from an off-board source that is stored in the vehicle’s batteries and produces zero
emissions or pollution when stationary or operating.
Battery Exchange Stations means a fully automated facility that will enable an electric vehicle
with a swappable battery to enter a drive lane and exchange the depleted battery with a fully
charged battery through a fully automated process, which meets or exceeds any standards, codes,
and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW
19.27.540.
Billboard means an off-premises sign owned by a person, corporation, or other entity that
engages in the business of selling the advertising space on that sign.
Billiards or Pool Hall means a place where people get together for playing cue sports such as
pool, snooker, or carom billiards. Such establishments commonly serve alcohol and often have
arcade/video games, darts, or similar games.
Binding Site Plan means a drawing to a scale specified in this title which: (a) Identifies and
shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any
other matters specified herein; (b) contains inscriptions or attachments setting forth such
appropriate limitations and conditions for the use of the land as are established in this title; and (c)
contains provisions making any development be in conformity with the site plan. A major binding
site plan is 10 lots or more and a minor binding site plan is 9 lots or less.
Biosolid Recycling means the practice of converting municipal sewage sludge to manufactured
compost, topsoil, and fertilizer products. This process must meet state and federal requirements.
Block means a group of lots, tracts, or parcels within well-defined and fixed boundaries.
Boarding House means a residential use consisting of at least one dwelling unit together with
more than two rooms, but not more than four, that are rented or are designed or intended to be
rented but which rooms, individually or collectively, do not constitute separate dwelling units,
primarily evidenced by not having separate kitchen facilities. A rooming house or boarding house
is distinguished from a tourist home in that the former is designed to be occupied by longer-term
residents (at least month-to-month tenants) as opposed to overnight or weekly guests.
Bog means a wetland with limited drainage and generally characterized by extensive peat
deposits and acidic waters. Vegetation can include, but is not limited to, sedges, sphagnum moss,
eriogonums, shrubs, and trees.
Bond means a written certificate guaranteeing to pay up to a specified amount of money if
specified work is not performed; or any similar mechanism whereby the City has recourse to an
identified fund from which to secure performance of specified work.
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City of Arlington 20.08 - 8 Revised October 2022June 2024
Boundary Line Adjustment means a division made for the purpose of alteration by adjusting
boundary lines between platted or unplatted lots or both, which does not create any additional lot,
tract, parcel, site, or division.
Bowling Alley means recreational facility which include bowling lanes, and may include a
small lounge, restaurant and/or snack bar, or video games.
Brewery means a building or establishment for brewing beer or other malt liquors. This
includes microbreweries, brewpubs, taproom breweries, craft beverages, and distilleries. These
establishments may have tasting rooms or serve food.
Buffer (to an environmentally critical area) means land that surrounds and protects a critical
area from adverse impacts to its functions and values or which provide a margin of safety through
protection of slope stability, attenuation of surface water flows, and landslide hazards reasonably
necessary to minimize risk to the public from loss of life or well-being or property damage
resulting from natural disasters; or an area which is an integral part of a stream or wetland
ecosystem and which provides shading, input of organic debris and coarse sediments, room for
variation in stream or wetland edge, habitat for wildlife and protection from harmful intrusion
necessary to protect the public from losses suffered when the functions and values of aquatic
resources are degraded.
Buffer (to reduce impacts between uses) means an area, often landscaped, intended to separate
and partially obstruct the view of two (2) adjacent land uses or properties from one another, or
intended to reduce the impact of noise levels generated on one property from the surrounding
properties and intended to enhance the level of safety and promote the aesthetic qualities of the
area.
Building means a structure designed to be used as a place of occupancy, storage, or shelter.
Building, Accessory means a minor building that is located on the same lot as a principal
building and that is used incidentally to a principal building or that houses an accessory use.
Building, Principal means the primary building on a lot or a building that houses a principal
use.
Building Permit means an official document or certification that is issued by the building
official, and which authorizes the construction, alteration, enlargement, conversion,
reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or
structure.
Bulk means the term used to describe the size of buildings or other structures, and their
relationship to each other and to open areas and lot lines.
Bus Station means a structure where city or intercity buses stop to pick up and drop off
passengers. A bus station is intended to provide connections to multiple routes. The bus station
may have platforms assigned to fixed bus routes.
Bus Rapid Transit (BRT) means transit system using buses that provide faster service than
traditional bus routes, through improvements in infrastructure, vehicles, and scheduling. Examples
include dedicated busways, priority bus lanes, limited stop service, and signal pre-emption.
Cannabis means all parts of the plant Cannabis, whether growing or not; the seeds thereof: the
resin extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. For the purposes of this definition,
“cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or
cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture,
or preparation of the mature stalks, except the resin extracted there from, fiber, oil, or cake, or the
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sterilized seed of the plant which is incapable of germination. The term “cannabis” includes
cannabis products and useable cannabis.
Cannabis Collective Garden means those gardens authorized by RCW 69.51A, which allows
qualifying patients to assume responsibility for acquiring and supplying the resources required to
produce and process cannabis for medical use.
Cannabis Dispensaries means an establishment authorized by RCW 69.50, which prepares and
sells cannabis and cannabis-based products for medical or recreational use.
Canopy means a roof-like structure made of any material that projects from the wall of a
building and overhangs a sidewalk or walkway.
Capital Facility Plan means the most recently adopted capital facilities plan, as now in
existence or as hereinafter amended.
Carrying Capacity means the maximum number of units that can be accommodated by a
facility without reducing the efficiency of that facility. Carrying capacity is used to measure the
ability of a facility to accommodate more units. For example, the carrying capacity of a roadway
is the maximum number of vehicles that can pass over a given section of a lane in one direction
during a given time period. For recreation areas, the carrying capacity is the number of persons
that can use the elements (play equipment, basketball courts, benches, etc.) at any given point in
time.
Carry Out and Delivery Service means a commercial establishment where food is prepared on
the premises for consumption off the premises. The food or beverages are packaged in disposable
containers or wrappers in a ready to consume state off the premises by persons picking up or
delivering food.
Car Wash means a building containing equipment for washing automobiles utilizing automatic
mechanical devices. The site may include pay stations and/or vacuum stations.
Cemetery means a place for the burial or interment of dead persons.
Certificate of Occupancy means an official certification that a building or place conforms to
the provisions of the zoning and building codes, and therefore may be used or occupied. A structure
cannot be occupied without a certificate of occupancy.
Certify means whenever this title requires that some agencies certify the existence of some fact
or circumstance to the city, the city may require that such certification be made in any manner that
provides reasonable assurance of the accuracy of the certification. By way of illustration, and
without limiting the foregoing, the city may accept certification by telephone from some agency
when the circumstances warrant it, or the city may require that the certification be in the form of a
letter or other document.
Change of Use means any change in the use, purpose, or level of activity within a building(s)
or on any parcel of property
Charging Levels means the standardized indicators of electrical force, or voltage, at which an
electric vehicle’s battery is recharged. The terms 1, 2, and 3 are the most common EV charging
levels, and include the following specifications:
(1) Level 1 is considered slow charging.
(2) Level 2 is considered medium charging.
(3) Level 3 is considered fast or rapid charging.
Level 1 is present in homes and businesses and typically operates on a 15- or 20-amp breaker on
a 120-volt Alternating Current (AC) circuit and standard outlet.
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Level 2 is expected to become the standard for home and public charging and typically operates
on a 40-amp to 100-amp breaker on a 208 or 240-volt AC circuit.
Level 3 is primarily for commercial and public applications (e.g., taxi fleets and charging along
freeways) and typically operates on a 60-amp or higher dedicated breaker on a 480-volt or higher
three-phase circuit with special grounding equipment. Note that the term “Level 3” is
recommended to identify the increased power need in a numerical fashion (i.e., “3”), but the Level
3 charging level is also sometimes referred to as “Fast” charging and “Rapid” charging (see
definition of Rapid Charging Station below).
Child Care Home, Special Needs means a home for orphaned, abandoned, dependent, abused,
or neglected children, who as a group meet the definition for a family.
Child Care Institution means an institutional facility housing more than nine orphaned,
abandoned, dependent, abused, or neglected children.
Circulation Area means that portion of the vehicle accommodation area used for access to
parking or loading areas or other facilities on the lot. Essentially, driveways and other maneuvering
areas (other than parking aisles) comprise the circulation area.
City means the City of Arlington.
Civil Defense Operations means the preparation for and carrying out of all emergency
functions, other than functions for which military forces other than national guard are primarily
responsible, for the purpose of minimizing and repairing injury and damage resulting from
disasters caused by attack, sabotage or other hostile action; or by riot or other civil disturbance; or
by fire, flood, earthquake, or other natural causes.
Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical
methods.
Clinic of Physician or Dentist means privately owned practice or part of multi-partner office
or facility. Physicians focused on outpatient services designed for primary care, routine medical
care, preventive care, screenings, bloodwork, prescriptions, medical attention for a variety of
needs. Dentists or Orthodontists who are specialized in oral healthcare and trained to diagnose and
treat conditions of gums, teeth, tongue, jaw, and mouth.
Closed Record Appeal means an administrative appeal on the record to a local government
body or officer, including the legislative body, following an open record hearing on a project
permit application when the appeal is on the record with no or limited new evidence, or information
allowed to be submitted and only appeal argument allowed.
Coliseums means a stadium, large theater, or other special building for public meetings,
sporting events, exhibitions, or public entertainment events.
Co-Living Housing means a residential development with sleeping units that are independently
rented and lockable and provide living and sleeping space, and residents share kitchen facilities
with other sleeping units in the building. Local governments may use other names to refer to co-
living housing including, but not limited to, congregate living facilities, single room occupancy,
rooming house, boarding house, lodging house, and residential suites.
Collector Arterial Street. See Street, Collector Arterial.
Colleges, Universities, Community College means an institution of higher learning providing
facilities for teaching and research and authorized to grant academic degrees. The institution may
offer undergraduate degrees, graduate degrees, certificate programs, or professional certification.
Combination Use means a use consisting of a combination on one lot of two or more principal
uses separately listed in the Tables of Permissible Uses, Section 20.40. Under some circumstances,
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a second principal use may be regarded as accessory to the first, and thus a combination use is not
established. See §20.40.050 (Accessory Uses). In addition, when two or more separately owned or
separately operated enterprises occupy the same lot, and all such enterprises fall within the same
principal use classification, this shall not constitute a combination use.)
Commercial means a land use classification that permits facilities for the buying and selling of
commodities and services.
Commercial Greenhouse means a building or structure used for the growing of flowers, plants,
shrubs, trees, and similar vegetation which are not necessarily transplanted outdoors on the same
lot containing the building or structure but are sold directly from such lot at wholesale or retail and
may include an outdoor display area.
Common Open Space means land within or related to a development, not individually owned
or dedicated for public use that is designed and intended for the common use of the residents of
the development.
Communication Facility, Wireless, Attached means a wireless communication facility that is
affixed to an existing structure and is not considered a component of the structure to which it is
attached.
Community and Economic Development Director means the Director of the Department of
Community and Economic Development.
Community Park means land with full public access intended to provide recreational
opportunities beyond those supplied by neighborhood parks. Community parks are larger in scale
than neighborhood parks but smaller than regional parks.
Compatible means for the purposes of this Title, a project may be found to be compatible with
the area in which it is located in terms of design and use when it meets the following criteria:
(1) Compatibility of Design—Where a project is subject to the City’s Development Design
Guidelines or design regulations within this Title it is presumed to be compatible with
the neighborhood in terms of design when it is found to be in conformance with those
guidelines or regulations, even if it does not resemble existing development, as it is the
intent of the City Council that neighborhoods should eventually develop or redevelop
according to those design specifications. Where a project is not subject to those design
guidelines or regulations, it may be found to be compatible with the neighborhood in
terms of design when it generally conforms to the architectural aspects (i.e., those
aspects addressed in the Development Design Guidelines) of the existing development.
(2) Compatibility of Use—A project may be found to be compatible with the existing uses
of a neighborhood if it causes no significant impacts on surrounding uses or, if it could
cause significant impacts, that those impacts have been mitigated through project
design or by conditioning the permit to restrict or limit certain aspects of the use so as
to minimize those impacts.
Complete Streets means streets that are designed and operated to enable safe use and support
mobility for all users. Those include people of all ages and abilities, regardless of whether they are
travelling as drivers, pedestrians, bicyclists, or public transportation riders. The concept of
complete streets encompasses many approaches to planning, designing, and operating roadways
and rights-of-way with all users in mind to make the transportation network safer and more
efficient.
Comprehensive Plan means the City’s adopted Growth Management Act Comprehensive Plan,
including the land use plan, as now in existence or as hereinafter amended.
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Conditional Use Permit means 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.
Condominium means a form of ownership of property where the purchaser acquires title to a
part of a building, space, and/or a portion of land, and an undivided interest in the common areas
and facilities. This is distinguished from a cooperative, where the purchaser usually acquires stock
that represents his interest in the property. Where the building so acquired consists of bedrooms
with individual baths or combined bedrooms and living rooms with individual baths and/or has
separate entrances for each unit, each unit shall be considered a separate dwelling unit for the
purposes of this Code.
Consistency means for the purpose of reviewing a project per ESHB 1724, the term
‘consistency’ shall include all terms used in Chapter IV of that bill and chapter 36.70A RCW to
refer to performance in accordance with Chapter IV of that bill and chapter 36.70A RCW,
including but not limited to compliance, conformity, and consistency.
Construction / Contractor Yard and Office means service establishments primarily engaged in
general contracting or subcontracting in the building construction trades. These include
administrative offices, workshops, and the indoor or outdoor storage of tools, equipment,
materials, and vehicles. All outdoor storage related to this use shall follow the outdoor storage
requirements of §20.44 (Supplemental Uses).
Consultant means a professional hired by the city to provide expert advice, knowledge, or
services in a particular area of expertise.
Contiguous means lands are contiguous if they actually adjoin each other and share a common
boundary.
Convenience Store means a one-story, retail store containing less than 3,000 square feet of
gross floor area that is designed and stocked to sell primarily food, beverages, and other household
supplies to customers who purchase only a relatively few items (in contrast to a “supermarket”).
It is designed to attract and depends upon a large volume of stop-and-go traffic. Illustrative
examples of convenience stores are those operated by the “Arco AM/PM” and “7/11” chains.
Cottage Housing means a development of single family detached dwelling units constructed
in groups located on a commonly owned piece of property with each unit no larger than 1,200
square feet. The units are built around common open space, with minimal private yards. Units do
not have individual garages; parking is located in separate areas or in structures on the periphery
of the site in order to minimize space taken up by driveways. Residential units on a lot with a
common open space that either: (a) Is owned in common; or (b) has units owned as condominium
units with property owned in common and a minimum of 20 percent of the lot size as open space.
Council means the city council of the City of Arlington.
County Auditor means as defined in Chapter 36.22 RCW or the office or person assigned such
duties under a county charter.
County Road. See Street, County Road.
County Treasurer means as defined in Chapter 36.29 RCW or the office or person assigned
such duties under a county charter.
Courtyard Apartments means attached dwelling units arranged on two or three sides of a yard
or court.
Covenants, Conditions, and Restrictions (CC&Rs) means a private legal restriction that places
a burden on a parcel of land in favor of another parcel. The restriction is recorded in the deed.
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Covenants are most commonly used in the establishment of a subdivision to restrict the use of all
individual lots in the development to certain types of use, define maintenance of common areas,
and specific development regulations.
Crematorium means a building with a furnace for cremating deceased bodies.
Critical Area Protection Easement (CAPE). See Native Growth Protection Easement (NGPE).
Critical Areas means aquifer recharging areas, fish and wildlife habitats, frequently flooded
areas, geologically hazardous areas, wetlands, and streams, as defined in Chapter 20.93.
Critical Habitat means habitat necessary for the survival of endangered, threatened, sensitive,
candidate, or monitor species as listed by the federal government or the State of Washington.
Cul-de-sac. See Street, Cul-de-sac.
Day Care Center, Commercial means any childcare arrangement that provides day care on a
regular basis for more than twelve children of whom at least one is unrelated to the provider.
Day Care, In-Home means any childcare arrangement that provides day care on a regular basis
for less than twelve children of whom at least one is unrelated to the provider.
Decision means written notification to an applicant that his or her permit application has been
approved or denied.
Dedication means the deliberate appropriation of land by an owner for any general and public
uses, reserving to himself no other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted. The intention to dedicate
shall be evidenced by the owner by the presentment for filing of a quitclaim, deed, or a final plat
or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced
by Council action or the approval of such plat for filing by the appropriate governmental unit.
Density means the amount of development per acre permitted on a parcel under the applicable
zoning. Common measures of density include population per acre or square mile and dwelling
units per acre.
Design Review means the comprehensive evaluation of a development and its impact on
neighboring properties and the community as a whole, from the standpoint of site and landscape
design, architecture, materials, colors, lighting, and signs, in accordance with the development
design standards.
Design Review Administrative means a development permit process whereby an application is
reviewed, approved, or denied by the Community and Economic Development Director or the
Community and Economic Development Director’s designee based solely on objective design and
development standards without a public pre-decision hearing, unless such review is otherwise
required by state or federal law, or the structure is a designated landmark or historic district
established under a local preservation ordinance. A city may utilize public meetings, hearings, or
voluntary review boards to consider, recommend, or approve requests for variances from locally
established design review standards. Criteria is listed in §20.46 Design.
Design Review Board means the members of the Planning Commission that act as the decision-
making body for the design, through a recommendation to city staff, of new development projects
and exterior changes to existing buildings with a value over $100,000. per the regulations of §20.46
Design.
Design Storm means a prescribed hyetograph and total precipitation amount (for a specific
duration recurrence frequency) used to estimate runoff for a hypothetical storm of interest or
concern for the purposes of analyzing existing drainage, designing new drainage facilities or
assessing other impacts of a proposed project on the flow of surface water. (A hyetograph is a
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graph of percentages of total precipitation for a series of time steps representing the total time
during which the precipitation occurs.)
Developable (e.g., land, acres) means land on which development can occur per the regulations
of this and other Titles of the Arlington Municipal Code. Specifically, lands that are considered
environmentally critical areas per Chapter 20.93 (Critical Area Ordinance) are not considered
developable.
Developer means a person who is responsible for any undertaking that requires a permit.
Development. Any construction, development, earth movement, clearing, or other site
disturbance, which requires a permit, approval or authorization from the City.
Development Agreement means a legislatively approved contract between the jurisdiction and
a person having legal or equitable interest in real property within the jurisdiction that establishes
certain rules, regulations, and policies applicable to development of a property for a specified
period of time.
Development Design Standards means the minimum architectural design requirements for
structures to create and maintain a desirable built environment that is predictable and functional.
Development Regulations means the controls placed on development or land use activities by
a county or city, including, but not limited to, zoning ordinances, critical areas ordinances,
shoreline master programs, official controls, planned unit development ordinances, subdivision
ordinances, and binding site plan ordinances together with any amendments thereto. A
development regulation does not include a decision to approve a project permit application, as
defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or
ordinance of the legislative body of the county or city.
Diameter at breast height (dbh) means the diameter of a tree at four and one-half feet above
the ground.
Dimensional Nonconformity means a nonconforming situation that occurs when the height,
size, floor space, lot coverage, or other dimensional requirements of a structure or the relationship
between an existing building or buildings and other buildings or lot lines does not conform to the
regulations applicable to the district in which the property is located.
Distribution Center means a warehouse or other specialized building, often with refrigeration
or air condition, which is stocked with products (goods) to be redistributed to retailers, to
wholesalers, or directly to consumers. The distribution center is used to receive, store temporarily,
and redistribute goods, based on received customer orders.
Dormitory means a residence hall providing sleeping rooms for students enrolled in a
secondary boarding or post-secondary educational institution to which it is an accessory use.
Drive-In Movie Theater means an outdoor movie theater designed to permit customers to
remain in their motor vehicles while viewing an outdoor screen facing the parking area. Sale of
food or beverages may occur.
Driveway means that portion of the vehicle accommodation area that consists of a travel lane
bounded on either side by an area that is not part of the vehicle accommodation area.
Dry Cleaner means an establishment providing commercial cleaning of clothing and textiles
using a chemical solvent rather than water.
Due Process means a requirement that legal proceedings be conducted fairly. Such protections
may include, depending on the proceeding, the right to be heard, the right to rebut evidence, that
sufficient evidence is presented to reach an informed opinion, that all decision-makers have
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reviewed the information presented in public hearings, and that conflicts of interest have been
avoided.
Duplex. See Residence, Duplex.
Dwelling means a building or portion thereof designed exclusively for human habitation,
including single-family, two-family and multiple-family dwellings, accessory dwelling units,
modular homes, manufactured homes and mobile homes, but not including congregate residences,
nursing homes, dormitories, hotels, or motels, or public facilities such as fire stations.
Dwelling Unit means a room, or rooms within a dwelling, configured as described herein and
occupied or intended to be occupied by one family only as living accommodations independent
from any other family on a monthly or longer basis. A dwelling unit shall be a separate area that
includes:
1) a complete food preparation area containing a sink, a stove or range, a refrigerator, and
a countertop;
2) a bathroom containing a toilet, and a shower or bathtub; and
3) one or more sleeping rooms. For the purposes of this definition, a separate area is an
area having direct access to the exterior of the building or access to the exterior via
hallways, stairways, and elevators that are primarily ingress/egress routes to the exterior
rather than leading to common kitchens and living areas.
Dwelling Unit means a residential living unit that provides complete independent living
facilities for one or more persons and that includes permanent provisions for living, sleeping,
eating, cooking, and sanitation, and that is sold or rented separately from other dwelling units.
Easement means land that has specific air, surface, or subsurface rights conveyed for use by
someone other than the owner of the subject property or to benefit some property other than the
subject property.
Effective Date of this Chapter means whenever this Title refers to the effective date of this
Chapter, the reference shall be deemed to include the effective date of the chapter as originally
adopted, or the effective date of an amendment to it if the amendment creates a nonconforming
situation.
Effective Date of This Title means whenever this Title refers to the effective date of this Title,
the reference shall be deemed to include the effective date of any amendments to this Title if the
amendment, rather than this Title as originally adopted, creates a nonconforming situation.
Electric Scooters and Motorcycles means any 2 or 3-wheel vehicle that operates exclusively
on electrical energy from an off-board source that is stored in the vehicle’s batteries and produces
zero emissions or pollution when stationary or operating.
Electric Vehicle means any vehicle that operates, either partially or exclusively, on electrical
energy from the grid, or an off-board source, that is stored on-board for motive purpose. “Electric
vehicle” includes: (1) a battery electric vehicle [BEV]; (2) a plug-in hybrid electric vehicle
[PHEV]; (3) a neighborhood electric vehicle; and (4) medium-speed electric vehicle.
Electric Vehicle Charging Station means a public or private parking space that is served by
battery charging station equipment that has as its primary purpose the transfer of electric energy
(by conductive or inductive means) to a battery or other energy storage device in an electric
vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment
is permitted outright as an accessory use to any principal use.
Electric vehicle charging station – public means an electric vehicle charging station that is (1)
publicly owned and publicly available (e.g., Park & Ride parking, public library parking lot) or (2)
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privately owned and publicly available (e.g., shopping center parking, non-reserved parking in
multi-family parking lots).
Electric vehicle charging station – restricted means an electric vehicle charging station that is
(1) privately owned and restricted access (e.g., single-family home, executive parking, designated
employee parking) or (2) publicly owned and restricted (e.g., fleet parking with no access to the
general public).
Electric Vehicle Infrastructure means structures, machinery, and equipment necessary and
integral to support an electric vehicle, including battery charging stations, rapid charging stations,
and battery exchange stations.
Electric vehicle parking space means any marked parking space that identifies the use to be
exclusively for the parking of an electric vehicle.
Electric vehicle waiting space means an off-street parking space where an electric vehicle,
plug-in hybrid electric vehicle, electric scooters, and motorcycles wait to use a public electric
vehicle charging station.
Elementary School means any school, public or private, intended for the education of children
from kindergarten through fifth grade.
Emergency means an unexpected situation that poses an immediate danger to life, health, or
property and demands immediate action to prevent or mitigate loss or damage to life, health,
property, or essential public services.
Emergency Hazardous Situation means a condition that is an immediate and substantial danger
to human health, safety, or welfare, or to the environment.
Emergency housing means temporary indoor accommodations for individuals or families who
are homeless or at imminent risk of becoming homeless that is intended to address the basic health,
food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or
may not require occupants to enter into a lease or an occupancy agreement.
Emergency shelter means a facility that provides a temporary shelter for individuals or
families who are currently homeless. Emergency shelters may not require occupants to enter into
a lease or an occupancy agreement. Emergency shelter facilities may include day and warming
centers that do not provide overnight accommodations.
Enclosed Building means a structure having a roof and supported by columns and walls on all
sides of the structure.
Enhanced Service Facility means a residential facility licensed by the Washington State
Department of Social and Health Services and as defined by RCW 70.97.010 (5) or as amended
by State Legislature. Enhanced Service Facility (ESF) means a residential facility that provides
services to persons for whom acute inpatient treatment is not medically necessary and who have
been determined by the Department of Social and Health Services to be inappropriate for
placement in other licensed facilities due to complex needs. In accordance with WAC 388-107-
0700, three types of enhanced service facilities are based off of building occupancy requirements:
(1) Enhanced Service Facility Category 1 – Nursing Home Type Resident(s) physically or
cognitively incapable of self-preservation.
(2) Enhanced Service Facility Category 2 – Assisted Living Type Resident(s) capable of
self-preservation with physical assistance from another person.
(3) Enhanced Service Facility Category 3 – Adult Family Home Type. No more than six
residents capable of evacuating the facility within five minutes.
Environment means the physical conditions which exist within the area which will be affected
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by a proposed project, including land, air, water, minerals, flora, fauna, noise, objects of historical
or aesthetic significance.
Environmental Impact Statement (EIS) means the process under the State Environmental
Policy Act (SEPA) used for identifying and analyzing probable adverse environmental impacts,
reasonable alternatives, and mitigation. An EIS provides opportunities for the public, local, state,
federal, and tribal governments to participate in developing and analyzing information.
Environmental Justice means the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to development, implementation,
and enforcement of environmental laws, regulations, and policies. Environmental justice include
addressing disproportionate environmental and health impacts in all laws, rules, and policies with
environmental impacts by prioritizing vulnerable populations and overburdened communities and
the equitable distribution of resources and benefits.
Environmentally Critical Areas6 (ECAs) includes critical areas or natural resource lands.
Erosion means the loosing and transportation of rock and soil debris by wind, rain, or running
water or the gradual wearing away of the upper layers of earth.
Essential Public Facilities means those facilities that are typically difficult to site, such as
airports, state education facilities, and state or regional transportation facilities as defined in RCW
47.06.140, regional transit authority facilities as defined in RCW 81.112.020, state and local
correctional facilities, solid waste handling facilities, opioid treatment programs including both
mobile and fixed-site medication units, recovery residences, harm reduction programs excluding
safe injection sites, and inpatient facilities including substance use disorder treatment facilities,
mental health facilities, group homes, community facilities as defined in RCW 72.05.020, and
secure community transition facilities as defined in RCW 71.09.020.
Exercise Facility means a training facility, including health clubs, that may include exercise
equipment for the purpose of physical exercise by human beings, and may provide instruction in
weight training, body building, yoga, dance, and cardiovascular training, as well as general health
and fitness instruction.
Extremely low-income household means a single person, family, or unrelated persons living
together whose adjusted income is at or below thirty percent of the median household income
adjusted for household size, for the county where the household is located, as reported by the
United States department of housing and urban development.
Expenditure. A sum of money paid out in return for some benefit or to fulfill some obligation.
The term also includes binding contractual commitments to make future expenditures, as well as
any other substantial changes in position.
Façade means the front of a building, particularly that part of a building facing a street or
courtyard.
Family.
(a) Individuals consisting of two or more persons related by genetics, adoption, or marriage,
or a group of five or fewer persons who are not related by genetics, adoption, or marriage
and none of whom are wards of the court unless such wards are related by genetics,
adoption, or marriage to all of the members of such group living in a dwelling unit.
(b) The term “family” shall include:
(1) State licensed adult family homes required to be recognized as residential use pursuant
to RCW 70.128.175;
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(2) State licensed foster family homes and group care facilities as defined in RCW
74.15.180, subject to Subsection (c) below;
(3) Group homes for the disabled required to be accommodated as residential uses pursuant
to the Fair Housing Act amendments as the same exists or is hereafter amended.
(c) The term “family” shall exclude individuals residing in halfway houses, crisis residential
centers as defined in RCW 74.15.020(3)(g), group homes licensed for juvenile offenders,
or other facilities, whether or not licensed by the state, where individuals are incarcerated
or otherwise required to reside pursuant to a court order under the supervision of paid staff
and personnel.
Feasible means the context of low impact development (LID) shall be determined by
evaluation against:
(1) Design criteria, limitations, and infeasibility criteria identified for each LID facility in the
Washington Department of Ecology Stormwater Management Manual for Western
Washington (SWMMWW); and
(2) Competing needs criteria listed in Chapter 5 of Volume V of the SWMMWW.
Fees means charges levied by an agency for services that the agency provides to an individual
applicant or user of a service. Development fees require project proponents to pay certain amounts
in order to have their applications processed. The fees reimburse the agency for the expenses of
processing the application. Fees also may be assessed to mitigate the impact of a proposed
development on the community.
Fen means wetlands that have the following characteristics: Peat soils sixteen inches or more
in depth (except over bedrock); and vegetation such as certain sedges, hardstem bulrush and
cattails; fens may have an overstory of spruce and may be associated with open water.
Final Plat means the final drawing of the subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in RCW
58.17 and in this Title.
Fire Station means a structure or other area for storing firefighting apparatus such as fire
engines and related vehicles, personal protective equipment, fire hoses, and other specialized
equipment. Fire stations contain working and living space for firefighters and support staff.
Flood Insurance Rate Map (FIRM) means the official map on which the Federal Insurance
Administration has delineated areas of special flood hazard and the risk premium zones applicable
to that community.
Floodplain means any land area susceptible to be inundated by water from the base flood. As
used in this title, the term generally refers to that area designated as subject to flooding from the
base flood (100-year flood) on the most recently adopted “Flood Insurance Rate Map” prepared
by the Federal Emergency Management Agency, a copy of which is on file in the planning
department.
Floodway means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than one foot. As used in this title, the term refers to that area designated
as a floodway on the most recently adopted “Flood Insurance Rate Map” prepared by the U.S.
Federal Emergency Management Agency, a copy of which is on file in the planning department.
Floor Area, Gross means the total area of a building measured by taking the outside dimensions
of the building at each floor level intended for occupancy or storage.
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Floor Area, Ground means the square footage area of a building within its largest outside
dimensions, exclusive of open porches, breezeways, terraces, patios, swimming pools, parking
areas, driveways, garages, exterior stairways, secondary stairways, and drive-through teller lanes
or walk-up windows of financial institutions only. Ground floor area is the total building area used
in determining the percentage of lot coverage.
Floor Area, Net means the area considered habitable space, not including accessory
unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet rooms,
mechanical areas, or other similar features.
Floor Area Ratio (F.A.R.) means the horizontal area of all of the floors of any building or
buildings on a lot, divided by the area of such lot, or in the case of planned unit developments, by
the net lot area. Where off-street parking is provided in the principal building or in a building on a
lot across a street or alley from the principal building, the area of the lot upon which such building
providing off-street parking is provided may be included in determining the permitted floor area
of the principal building. Space provided within a building for off-street parking shall not be
counted in determining the floor area of such building.
Floor Area, Usable means any floor area within the outside wall of a building exclusive of
areas in cellars, basements, unfinished attics, garages, open porches, and accessory buildings.
Franchise Utility means a contract between the city and a public or private utility provider,
such as natural gas, electrical power, telephone, cable television or any other communication
services authorized to occupy the city’s easements or rights-of-way to deliver its services.
Fraternal Club or Lodge means a building or part of a building used for the purposes of a club,
society, or association organized and operated on a non-profit basis exclusively for social welfare,
civic improvement, pleasure or recreation or for any other similar purpose.
Freestanding Sign. See Sign, Freestanding.
Freight Rail Dependent Uses means buildings and other infrastructure that are used in the
fabrication, processing, storage, and transport of goods where the use is dependent on and makes
use of an adjacent short line railroad. Such facilities are both urban and rural development for
purposes of this chapter. “Freight Rail Dependent Uses” does not include buildings or other
infrastructure that are used in the fabrication, processing, storage, and transport of coal, liquefied
natural gas, or “crude oil” as defined in RCW 90.56.010.
Frontage Improvements means sidewalks, curbs, gutters, conform pavement, streetlights,
utilities, storm drainage, planting strips, and driveways, constructed as approved and in accordance
with the City of Arlington Public Work’s Construction Standards and Specifications.
Frontage Street. See Street, Frontage.
Fuel Sales, Aviation means an establishment operated on the Arlington Municipal Airport at a
fixed location at which aviation and/or jet fuel is offered for sale to pilots.
Fuel Sales, Vehicles means an establishment operated at a fixed location at which gasoline or
any other motor vehicle engine fuel is offered for sale to the public.
Funeral Home means an establishment with facilities for the preparation of the deceased for
burial or cremation, for viewing of the body, and for funerals.
Gambling Establishments means any establishment that operates or conducts any games played
with cards, roulette wheels, dice, craps, slot machines, mechanical, electro-mechanical or
electronic amusement devices or machines for money, property, checks, credit, or any
representative of value including, without limiting the generality of the foregoing, baccarat, faro,
Monte, poker, keno, black jack, bingo, fan-tan, twenty-one, seven-and-a-half, big injun, Klondike,
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chuck-a-luck, wheel of fortune, chenin de fer, pai gow, beat the banker, and panguingui and similar
games of change for the return of money, cash, or prizes, or anything that could be redeemed for
money, cash, or prizes. This definition does not apply to games of chance operated by charitable
organizations licensed under state law nor to state licensed video lottery terminals, or to those
activities permitted under AMC 3.32, Gambling Tax.
General Mercantile means retail stores which sell a number of products used by the general
public but may exclude certain items like food and grocery. These stores keep a wide variety of
products for day-to-day life and household goods.
G.I.S. means Geographic Information System.
GMA means the Growth Management Act, Chapter 17, Laws of the State of Washington of
1990, 1st Ex. Sess., as now in existence or as hereafter amended.
Golf and Country Club means a location with golf course activities for which members pay a
membership fee or daily fee, for the use of the facilities and services. May include restaurant,
meeting rooms, restrooms, or similar amenities.
Golf Course means an area of land with highly maintained natural turf laid out for the game of
golf with a series of nine or more holes, each including a tee, a fairway, a putting green, and often
one or more natural or artificial hazards.
Golf Course, Driving Range means a public or private area for the purposes of practicing golf
driving techniques and is equipped with distance markers, lighting, safety nets, parking areas, golf
equipment rental facilities, and washrooms, but does not include a golf course.
Golf Course, Miniature means a game or amusement modeled on golf and played with a putter
and golf ball, in which each very short, grassless “hole” constitutes and obstacle course using
concrete, turf, wooden alleys, tunnels, bridge, ramps, tubes, windmills, etc., through which the ball
must be hit.
Golf Course, Par 3 means a shortened golf course consisting of “holes” that give players three
shots to make par. All other aspects are the same as a regular golf course.
Goods means anything from merchandise, supplies, raw materials to already completed
products; any tangible items that can be used or stored.
Government Office Building means those buildings which are owned and operated by a
government agency for the purpose of conducting government business. G.P.S. means Global
Positioning System.
Grade means the established grade of the street or sidewalk as prescribed by the Department
of Public Works. Where no such grade has been established, the grade shall be the average
computed by a licensed land surveyor at the sidewalk at the property line. Where no sidewalk
exists, the grade shall be established in the same manner on the street adjacent to the property line.
Gradient Terrace means an earth embankment or a ridge-and-channel constructed with
suitable spacing and an acceptable grade to reduce erosion damage by intercepting surface runoff
and conducting it to a stable outlet at a stable non-erosive velocity.
Green Infrastructure means a wide array of natural assets and built structures within an urban
growth area boundary, including parks and other areas with protected tree canopy, and
management practices at multiple scales that manage wet weather and that maintain and restore
natural hydrology by storing, infiltrating, evapotranspiring, and harvesting and using stormwater.
Green Space means an area of land, vegetated by natural features such as grass, trees, or shrubs,
within an urban context and less than one acre in size that creates public value through one or more
of the following attributes:
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(a) Is accessible to the public;
(b) Promotes physical and mental health of residents;
(c) Provides relief from the urban heat island effects;
(d) Promotes recreational and aesthetic values;
(e) Protects streams or water supply; or
(f) Preserves visual quality along highway, road, or street corridors.
Gross Floor Area. See Floor Area, Gross.
Gross Leasable Area (GLA). See Leasable Area, Gross.
Ground Floor Area. See Floor Area, Ground.
Groundwater means the portion of water contained in interconnected pores or fractures in a
saturated zone or stratum located beneath the surface of the earth or below a surface water body.
Habitable Floor means any floor usable for living purposes, which includes working, sleeping,
eating, cooking, or recreation, or any combination thereof. A floor used only for storage is not a
habitable floor.
Halfway House means a home for a group of people meeting the definition for a family who
have demonstrated a tendency toward alcoholism, drug abuse, mental illness, or antisocial or
criminal conduct, and all of whom are living together as a single-family unit.
Handicapped or Infirm Home means a residence within a single dwelling unit for a group of
people meeting the definition for a family who are physically or mentally handicapped or infirm,
all of who are living together as a single family unit. Persons residing in such homes, including
the aged and disabled, principally need residential care rather than medical treatment.
Harmony means a quality that represents an appropriate and congruent arrangement of parts,
as in an arrangement of varied architectural and landscape elements.
Hazardous Tree means any tree that poses an imminent danger to persons or property.
Existence of the hazardous condition must be provided in writing by a state certified arborist.
Health Care Facility means an institution providing health care services. This can include
hospital or other licensed inpatient center; an ambulatory surgical or treatment center; a skilled
nursing center; a diagnostic, laboratory, or imaging center; and a rehabilitation or other therapeutic
health setting.
Hearing Examiner means a person appointed by the City on a case-by-case basis to conduct
public hearings, make decisions, and to prepare a record and findings of fact and conclusions on
those permit applications outlined in this Title.
Hearing Officer means the person, or chair of the board, before which a hearing is being held.
This can be the Community and Economic Development Director, the Chair of the Planning
Commission, the Hearing Examiner, or City Council.
High-Volume Traffic Generation. See Traffic Generation, High Volume.
Homeless means a person, persons, family, or families who do not have fixed, regular,
adequate, or safe shelter, nor sufficient funds to pay for such shelter.
Home Occupation means 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.
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(1) Without limiting the generality of the foregoing, a use may not be regarded as having an
insignificantly adverse impact on the surrounding neighborhood if; (i) goods, stock in
trade, or other commodities are displayed, (ii) any on-premise retail sales occur, (iii)
more than one person to a resident on the premises is employed in connection with the
purported home occupation, (iv) it creates objectionable noise, fumes, odor, dust or
electrical interference, (v) the use would typically generate significantly more traffic than
is typically associated with a residential neighborhood, or (vi) more than twenty-five
percent of the total gross floor area of residential buildings plus other buildings housing
the purported home occupation, or more than five hundred square feet of gross floor area
(whichever is less), is used for home occupation purposes.
(2) The following is a non-exhaustive list of examples of enterprises that may be home
occupations if they meet the foregoing definitional criteria: (i) the office or studio of a
physician, dentist, artist, musician, lawyer, architect, engineer, teacher, or similar
professional, (ii) workshops, greenhouses, or kilns, (iii) dressmaking or hairdressing
studios.
(3) The following is a non-exhaustive list of examples of enterprises that may not be home
occupations: (i) veterinarians, (ii) clinics, (iii) auto repair, (iv) auto sales, or (v) real estate
offices, or (vi) any use that would cause similar impacts.
Homeowners’ Association means a private, nonprofit corporation of homeowners of a fixed
area constituted for the purpose of owning, operating, and maintaining various common properties.
Horticultural Sales means the use of land, buildings, or structures for the sales of fruits,
vegetables, herbs, flowers, or ornamental plants that are grown and produced on the same farm or
otherwise on the same parcel.
Hospital means an institution that is built, staffed, and equipped for the diagnosis of disease;
for the treatment, both medical and surgical, of the sick and the injured; and for their housing
during the process.
Hotel means any structure or space, or a portion thereof, which is occupied or intended or
designed for occupancy by transients for dwelling, lodging, or sleeping purposes, and includes any
hotel, inn, motel or any place in which rooms, lodging or accommodations are furnished to
transients for a consideration.
Immediate Vicinity means with regard to the built or man-made environment, this refers to all
development that is within five hundred (500) linear feet of any proposed development, measured
in a straight line from the property line that is closest to any existing development.
Impact Fee means a payment of money imposed by the City upon development activity as a
condition of issuance of a permit to pay for public facilities needed to serve new growth and
development, and to mitigate the impacts of the development activity on the capital facilities of
the City but does not include any permit or application fee.
Impact Fee Fund means the growth management fund of the City created pursuant to AMC
§3.64.010 (Growth Management Fund Created).
Impervious Surface. As defined in AMC 13.28, Stormwater Management.
Improvement means any change in a property or structure’s physical attributes, or any part of
such change.
Incompatible Use means a use that is incapable of existing in harmony with the natural
environment or with other uses situated in its immediate vicinity (see Harmony).
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Indoor Automobile and Motorcycle Racing Tracks means a permanent facility or building built
for the racing of automobiles and/or motorcycles on a round or oval track constructed of material
designed for racing, such as dirt or asphalt.
Indoor Recreation means an indoor facility for any number of uses such as game courts,
exercise equipment, exercise and/or dance floor area, pools, locker rooms, spa, whirlpool or hot
tub, and which may include an accessory retail shop for the sale of related equipment.
Industry means economic activity concerned with the processing of raw materials and
manufacture of good goods in factories.
Infill Development means the process of developing vacant or under-utilized parcels within
existing urban areas that are already largely developed.
Institutions for Confined Mentally Ill Persons means placement of an individual in an
institution for therapeutic or correctional purposes or when he or she is incapable of living
independently, often as a result of a physical or mental condition.
Insurance or Stockbroker means and independent person or company that represents the
interests of the buyer in searching for insurance coverage at the lowest cost and providing the
highest benefits to the buyer or who buys and sells securities on a stock exchange on behalf of the
client.
Interior Alteration means construction activities that do not modify the existing site layout or
its current use and involves no exterior work adding to the building footprint.
Intermediate Care Home means a facility maintained for the purpose of providing
accommodations for a group of people meeting the definition for a family needing medical care
and supervision at a lower level than that provided in a nursing care institution but at a higher level
than that provided in institutions for the handicapped or infirm.
Intermediate Care Institution means an institutional facility maintained for the purpose of
providing accommodations for more than nine persons needing medical care and supervision at a
lower level than that provided in a nursing care institution but at a higher level than that provided
in institutions for the handicapped or infirm.
Internally Illuminated Signs means signs where the source of the illumination is inside the sign
and light emanates through the message of the sign, rather than being reflected off the surface of
the sign from an external source. Without limiting the generality of the foregoing, signs that consist
of or contain tubes that (i) are filled with neon or some other gas that glows when an electric
current passes through it and (ii) are intended to form or constitute all or part of the message of the
sign, rather than merely providing illumination to other parts of the sign that contain the message,
shall also be considered internally illuminated signs.
Junk means any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or
in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other
use or disposition.
Junkyard means any area, lot, land, parcel, building, or structure, or part thereof, used for the
storage, collection, processing, purchase, sale, salvage, or disposal of junk.
Kennel means a commercial operation that: (i) provides food and shelter and care of animals
for purposes not primarily related to medical care (a kennel may or may not be run by or associated
with a veterinarian), or (ii) engages in the breeding of animals for sale.
Land Clearing means the cutting, logging, or removal of enough vegetation so that the overall
nature of a site’s vegetation is altered, except for what would otherwise be considered gardening,
landscaping, or yard maintenance on a developed lot or portion of a lot where not all of the lot is
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developed. For example, selectively logging a few mature trees from many trees would not be
considered clearing, while logging all mature trees (even if immature ones are left) so that habitat
value or shading is altered, shall be considered clearing. Another example of clearing would be to
grub or remove all groundcover (blackberries, etc.) over the area limits specified in §20.44.100
(Permits for Grading and Filling), §20.44.110 (Permits for Land Clearing), and §20.44.120
(Restrictions and Requirements), while partial grubbing of this area may not be.
Lattice Tower. See Wireless Communications Facility, Lattice Tower.
Laundromat means an establishment with coin-operated washing machines and dryers for
public use.
Leasable Area, Gross (GLA) means the total floor area designed for tenant occupancy and
exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet
and measured from the center line of joint partitions and from outside wall faces. GLA is that area
on which the tenants pay rent; it is the area producing income to the landlord. GLA includes all
areas less common areas. (See Common Area.)
Library means a collection of books, newspapers, videos, music or other written or printed
materials that are kept for people to read, use, or borrow, as well as the facility in which they are
housed and the institution that is responsible for their maintenance.
LID Facilities or Low Impact Development Facilities means distributed stormwater
management practices, integrated into a project design, that emphasize pre-disturbance
hyrologichydrologic processes of infiltration, filtration, storage, evaporation and transpiration.
LID BMPs include, but are not limited to: bioretention, rain gardens, permeable materials, roof
downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated
roofs, and water re-use.
Loading and Unloading Area means that portion of the vehicle accommodation area used to
satisfy the requirements of §20.72.100 (Loading and Unloading Areas).
Local Access Street. See Street, Local Access.
Local Collector Street. See Street, Local Collector.
Local Government means a county, city, or town.
Lot means a fractional part of divided lands having fixed boundaries, being of sufficient area
and dimension to meet minimum zoning requirements for width and area. The term shall include
tracts or parcels.
(1) If a public body or any authority with the power of eminent domain condemns, purchases,
or otherwise obtains fee simple title to or a lesser interest in a strip of land cutting across a
parcel of land otherwise characterized as a lot by this definition, and the interest thus
obtained or the road so created is such as effectively to prevent the use of this parcel as one
lot, then the land on either side of this strip shall constitute a separate lot.
(2) Subject to §20.32.020 Nonconforming Lots), the permit-issuing authority and the owner of
two or more contiguous lots may agree to regard the lots as one lot if necessary or
convenient to comply with any of the requirements of this code.
Lot Area means the total area circumscribed by the boundaries of a lot, except that: (i) when
the legal instrument creating a lot shows the boundary of the lot extending into a public street
right-of-way, then the lot boundary for purposes of computing the lot area shall be the street
right-of-way line, or if the right-of-way line cannot be determined, a line running parallel to and
30 feet from the center of the traveled portion of the street.
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Lot Coverage means 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 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.
Low Impact Development (LID) means a stormwater and land use management strategy that
strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage, and
transpiration by emphasizing conservation, use of on-site natural features, site planning, and
distributed stormwater management practices that are integrated into a project design.
Low-Volume Traffic Generation. See Traffic Generation, Low Volume.
Low-income household means a single person, family, or unrelated persons living together
whose adjusted income is at or below eighty percent of the median household income adjusted for
household size, for the county where the household is located, as reported by the United States
department of housing and urban development, or less than 80 percent of the city’s median income
if the project is located in the city, the city has median income of more than 20 percent above the
county median income, and the city has adopted an alternative local median income.
Macro Facility. See Wireless Communications Facility, Macro Facility.
Major Trail. See Trail, Major.
Major Plat. See Plat, Preliminary
Major Subdivision. See Subdivision, Major
Major Transit Stop means:
(a) A stop on a high-capacity transportation system funded or expanded under the
provisions of chapter 81.104 RCW;
(b) Commuter rail stops;
(c) Stops on rail or fixed guideway systems, including transitways;
(d) Stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or
(e) Stops for a bus or other transit mode providing actual fixed route service at intervals of
at least 15 minutes for at least five hours during the peak hours of operation on weekdays.
Manufactured Home means a single-family dwelling unit built according to the Department of
Housing and Urban Development Manufactured Home Construction and Safety Standards Act,
which is a national, preemptive building code. A manufactured home also:
(1) Includes plumbing, heating, air conditioning, and electrical systems;
(2) Is built on a permanent chassis; and
(3) Can be transported in one or more sections with each section at least eight feet wide
and forty feet long when transported; or when installed on the site is three hundred
twenty square feet or greater (see RCW 46.04.302).
Manufacturing means the processing of raw materials or parts into finished goods through the
use of tools, human labor, machinery, and chemical processing.
Marijuana means all parts of the plant Cannabis, whether growing or not; the seeds thereof;
the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin. The term does not include;
(1) The mature stalks of the plant;
(2) Fiber produced from the mature stalks of the plant;
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(3) Oil or cake made from the seeds of the plant;
(4) Any other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or
(5) The sterilized seed of the plant which is incapable of germination.
Marijuana-Infused Products means products that contain marijuana or marijuana extracts and
are intended for human use. The term "marijuana-infused products" does not include useable
marijuana.
Marijuana, Useable means dried marijuana flowers. The term "useable marijuana" does not
include marijuana-infused products.
Marijuana production means a facility licensed by the state liquor control board to produce
and sell marijuana at wholesale to marijuana processors and other marijuana producers.
Marijuana processing means a facility licensed by the state liquor control board to process
marijuana into useable marijuana and marijuana-infused products, package and label useable
marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and
marijuana-infused products at wholesales to marijuana retailers.
Marijuana retail means a facility licensed by the state liquor control board to sell useable
marijuana and marijuana-infused products in a retail outlet.
Master Planned Neighborhood means an overlay on the residential ultra low capacity zone
that provides a conceptual plan that shows the approximate locations, types, sizes of public
facilities, amenity areas (e.g., parks, schools, open space, common landscape areas, etc.), and
includes all elements listed in chapter 20.44.032. A master planned neighborhood requires
approval from city council.
Medical Clinic means a building or portion of a building used solely for the purpose of
consultation, diagnosis and treatment of patients by two or more legally qualified physicians,
dentist, optometrists, chiropractors, together with their qualified assistant, and without limiting the
generality of the foregoing, the building may include administrative offices, waiting rooms,
examination rooms, treatment rooms, laboratories and/or pharmacies used in connection and
forming part of the practices, but shall not include accommodation for inpatient care, operating
rooms for major surgery or any use otherwise defined or classified herein.
Medium-speed Electric Vehicle means a self-propelled, electrically powered four-wheeled
motor vehicle, equipped with a roll cage or crush-proof body design, whose speed attainable in
one mile is more than 25 miles per hour but not more than 35 miles per hour and otherwise meets
or exceeds the federal regulations set forth in 49 C.F.R. Sec. 571.500.
Micro Facility. See Wireless Communications Facility, Micro Facility.
Middle Housing means buildings that are compatible in scale, form, and character with single-
family houses and contain two or more attached, stacked, or clustered homes including duplexes,
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked flats, courtyard apartments, and
cottage housing.
Military Reserve means specific trained pre-organized forces operating on an on-call basis
from the main military force. Each member acts in combat as a regular soldier.
Mini Facility. See Wireless Communications Facility, Mini Facility.
Mining means the development or extraction of a mineral from its natural occurrences on
affected land.
Minor Plat. See Plat, Preliminary Short
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Minor Subdivision. See Subdivision, Minor
Minor Trail, See Trail, Minor.
Mitigation means an action or combination of actions that avoids, minimizes, or compensates
for adverse impacts to critical areas or sensitive resources. Mitigation is considered in the
following order of preference:
(1) Avoiding the impact altogether by not taking a certain action or parts of an action;
(2) Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or
reduce impacts;
(3) Rectifying the impacts by repairing, rehabilitating, or restoring the affected environment;
(4) Reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the action;
(5) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments;
(6) Monitoring the impact and the compensation project and taking appropriate corrective
measures.
Mobile Home means a factory-built dwelling built prior to June 15, 1976, to standards other
than the HUD Code, and acceptable under applicable state codes in effect at the time of
construction or introduction of the home into the state. Mobile homes have not been built since the
introduction of the HUD Manufactured Home Construction and Safety Standards Act.
Mobile Home Park means a residential use in which more than one mobile or manufactured
home is located on a single lot.
Mobile Sales and Delivery means sales and delivery of goods or services form a mobile
structure, either motorized or not. Mobile sales and deliver are not intended for uses set up in one
location on a semi-permanent basis, but rather for uses that frequently move from one place to
another.
Moderate-income household means a single person, family, or unrelated persons living
together whose adjusted income is at or below 120 percent of the median household income
adjusted for household size, for the county where the household is located, as reported by the
United States department of housing and urban development, or less than 120 percent of the city’s
median income if the project is located in the city, the city has median income of more than 20
percent above the county median income, and the city has adopted an alternative local median
income.
Modular Home means a dwelling unit constructed in accordance with the standards set forth
in the International Building Code applicable to site-built homes and composed of components
substantially assembled in a manufacturing plant and transported to the building site for final
assembly on a permanent foundation. Among other possibilities, a modular home may consist of
two sections transported to the site in a manner similar to a mobile home (except that the modular
home meets requirements of the International Building Code applicable to site-built homes), or a
series of panels or room sections transported on a truck and erected or joined together on the site.
Modular home does not include a mobile home or manufactured home.
Monopole I. See Wireless Communications Facility, Monopole I.
Monopole II. See Wireless Communications Facility, Monopole II.
Motel means an enclosed building that is a convenient, temporary sleeping place people
traveling by car, typically one or two floors with outdoor room entrances.
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Motor Vehicle Painting and Body Work means a facility for collision services including body,
frame, or fender straightening or repair and painting of vehicles in an appropriate paint booth.
Motor Vehicle Repair and Maintenance means service, repair, or maintenance of any type of
vehicle, including but not limited to vehicle and equipment rehabilitation, mechanical repairs, and
lubrication.
Motor Vehicle Sales or Rental means an establishment for the sale/rental of automobiles,
passenger vehicles, light trucks, motorcycle, camping trailers, boats, or other recreational vehicles
and includes supplementary maintenance and sale of parts and accessories.
Movie Theater means a building that contains seating for viewing films or movies for
entertainment.
Multiplex Housing means a building with up to six dwelling units consolidated into a single
structure with common walls and floors and a functional primary street entrance, or a building of
up to three stories containing up to six dwelling units consolidated into a single structure.
Museum means a building in which objects of historical, scientific, artistic, or cultural interest
are stored and exhibited.
National Guard Center means a building that supports the training, administration, and
logistics of National Guard units by providing assembly space, classrooms, weapons, protective
personal equipment storage, and training space.
Native Growth Protection Easement (NGPE) means an easement granted to the City for the
protection of native vegetation within a critical area or its associated buffer.
Net Floor Area. See Floor Area, Net.
Neighborhood Electric Vehicle means a self-propelled, electrically powered four-wheeled
motor vehicle whose speed attainable in one mile is more than 20 miles per hour and not more
than 25 miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500.
Neighborhood Park (mini-park) means a park located in a subdivision, multi-family complex,
or mixed-use development complex and is privately owned by a homeowners association and used
by those living within the specific development.
Night Club means an establishment that provides entertainment and has as its primary source
of revenue (a) the sale of alcohol for consumption on the premises, (b) cover charges, or (c) both.
Nonconforming Lot means a lot existing at the effective date of this title (and not created for
the purposes of evading the restrictions of this title) that does not meet the minimum area
requirement of the district in which the lot is located.
Nonconforming Project means any structure, development, or undertaking that is incomplete
at the effective date of this title and would be inconsistent with any regulation applicable to the
district in which it is located if completed as proposed or planned.
Nonconforming Sign. See Sign, Nonconforming.
Nonconforming Situation means a situation that occurs when, on the effective date of this title,
any existing lot or structure or use of an existing lot or structure does not conform to one or more
of the regulations applicable to the district in which the lot or structure is located. Among other
possibilities, a non-conforming situation may arise because a lot does not meet minimum acreage
requirements, because structures exceed maximum height limitations, because the relationship
between existing buildings and the land (in such matters as density and setback requirements) is
not in conformity with this title, or because land or buildings are used for purposes made unlawful
by this title. Nonconforming signs shall not be regarded as nonconforming situations for purposes
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of Chapter 20.32 (Nonconforming Situations) but shall be governed by the provisions of
§20.68.150 (Nonconforming Signs) and §20.68.160 (Amortization of Nonconforming Signs).
Nonconforming Use means a nonconforming situation that occurs when property is used for a
purpose or in a manner made unlawful by the use regulations applicable to the district in which
the property is located. (For example, a commercial office building in a residential district may be
a nonconforming use.) The term also refers to the activity that constitutes the use made of the
property. (For example, all the activity associated with operating a retail-clothing store in a
residentially zoned area constitutes a nonconforming use.)
Non-Commercial Towers and Antennas means structures designed and used for residential
purposes, such as television, radio, or other similar uses.
Non-electric Vehicle means any vehicle not defined as an electric vehicle as defined above
under ‘Electric Vehicle’.
Non-Responsiveness means that an applicant is not making demonstrable progress on
providing additional requested information to the local government, or that there is no ongoing
communication from the applicant to the local government on the applicant’s ability or willingness
to provide the additional information.
Nuisance means the use of property or course of conduct that interferes with the legal rights of
others which causes damage, annoyance, inconvenience, or tends to injure the health, safety, or
morals of the City’s residents.
Nursing Care Home means a facility maintained for the purpose of providing skilled nursing
care and medical supervision at a lower level than that available in a hospital to not more than nine
persons.
Nursery School means a school for children between the ages of about two to five years old.
Nursing Care Institution means an institutional facility maintained for the purpose of providing
skilled nursing care and medical supervision at a lower level than that available in a hospital to
more than nine persons.
Occupied means containing any person or persons for any period exceeding two (2) hours in
any twenty-four hour (24) period.
Occupied Space means an area enclosed or covered providing a ceiling height '6" or more,
intended for normal use by people on an occasional or more frequent basis. Occupied space may
include basements, cellars, penthouses, and interior balconies or mezzanines if the space is
intended for use or habitation.
Office means a space for the transaction of general business, typically not involving manual
labor. Office uses do not include retail sales, manufacturing, or industrial activities.
Off-Premises Sign. See Sign, Off-Premises.
On-Premises Sign. See Sign, On-Premises.
Open Drainage Facility means an above ground facility, such as a pond or bioretention cell,
that temporarily stores stormwater runoff.
Open Record Hearing means a hearing, conducted by a single hearing body or officer
authorized by the local government to conduct such hearings, that creates the local government’s
record through testimony and submission of evidence and information, under procedures
prescribed by the local government by ordinance or resolution. An open record hearing may be
held prior to a local government’s decision on a project permit to be known as an “open record
predecision hearing”. An open record hearing may be held on an appeal, to be known as an “open
record appeal hearing,” if no open record predecision hearing has been held on the project permit.
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Ordinance means a law or regulation adopted by the council of the public agency.
Ordinary High Water Mark means that mark that will be found by examining the bed and
banks and ascertaining where the presence and action of waters are so common and usual, and so
long continued in all ordinary years, as to mark upon the soil a character distinct from that of the
abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally
change thereafter, or as it may change thereafter in accordance with permits issued by the City or
the Department of Ecology: PROVIDED, that in any area where the ordinary high water mark
cannot be found, the ordinary high water mark shall be the line of mean high water.
Outdoor Entertainment Venue means an outdoor theater, amphitheater, plaza, street, or other
improved area that is used as a public venue or forum to which members of the general public are
invited to listen, view, or otherwise participate in an outdoor event that is organized, licensed or
permitted by the owner of the venue.
Outdoor Recreation means the commercial or non-commercial use of land, with or without
accessory buildings and structures, for a recreational activity undertaken where the outdoor setting
and landscape is a significant element in the activity, and the density of recreational users is not a
significant element, and includes park or open space, playing field, arboretum, and outdoor
exhibits.
Overburdened Community means a geographic area where vulnerable populations face
combined, multiple environmental harms and health impacts, and includes, but is not limited to,
highly impacted communities as defined by RCW 19.405.020.
Owner means all persons, partnerships, corporations, and other legal entities that have an
ownership interest (including purchasers and sellers under a real estate contract if the contract is
recorded) in the subject property.
Park means an open area or place in a city or town for nature. There are often trees, benches,
statues, picnic areas, and/or ponds in a park. It is mostly used for recreational activities such as
walking, exercising, cycling, playing, etc. A play park can even have swings, slides, and some
adventurous activities.
Parking Area Aisles means a portion of the vehicle accommodation area consisting of lanes
providing access to parking spaces.
Parking Space means a portion of the vehicle accommodation area set aside for the parking of
one vehicle.
Pedestrian-Way means a tract or easement whose function is to provide public, pedestrian
access traversing property outside of a street right-of-way. In some instances, such tracts or
easements may be combined with utility tracts or easements.
Penal and Correctional Facility means any penitentiary, state farm, reformatory, prison, jail,
house of correction, police detention area, or other institution or place for the incarceration or
custody of a persons under sentence for offenses awaiting trial or a violation of mandatory
supervised release, or awaiting a bail setting hearing, or preliminary hearing.
Permanent supportive housing is one or more subsidized, leased dwelling units with no limit
on length of stay that prioritizes people who need comprehensive support services to retain tenancy
and utilizes admissions practices designed to use lower barriers to entry than would be typical for
other subsidized or unsubsidized rental housing, especially related to rental history, criminal
history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site
voluntary services designed to support a person living with a complex and disabling behavioral
health or physical health condition who was experiencing homelessness or was at imminent risk
of homelessness prior to moving into housing to retain their housing and be a successful tenant in
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a housing arrangement, improve the resident’s health status, and connect the resident of the
housing with community-based health care, treatment, or employment services. Permanent
supportive housing is subject to all of the rights and responsibilities defined in the Residential
Landlord Tenant Act, chapter 59.18 RCW.
Permit-Issuing Authority means wherever this code refers to the “permit-issuing authority” it
refers to that person, board, office, or institution having jurisdiction over the permit in question, as
specified in Chapters 20.12 (Administrative Mechanisms), 20.16 (Permits & Final Plat Approval),
20.20 (Appeals, Variances, Interpretations), and 20.24 (Hearing and Pre-Hearing Procedures For
Appeals and Applications).
Person means an individual, trustee, executor, other fiduciary, corporation, firm, partnership,
association, organization, or other entity acting as a unit.
Personal Services means any business enterprise whose primary purpose is to provide services
rendered in the fields of architecture, health, law, engineering, accounting, and other similar fields.
Pet Grooming means an establishment for domestic animals receive grooming services,
including bathing, cutting of hair, trimming of nails, and other associated acts of grooming and
may include the ancillary sale of products related to this service, but does not include veterinary
services, breeding, boarding, outdoor kennel, or overnight accommodation.
Pet Store means a retail establishment offering small animals, and fish, birds, or other animals
for sale as pets. Grooming services and the sale of associated pet food and supplies may also be
included.
Planning Jurisdiction means the area within the city limits as well as any area beyond the city
limits within which the city is authorized to plan for and regulate development, as set forth in
§20.04.030 (Jurisdiction).
Planning Official means the Director of the Department of Community and Economic
Development or his/her designee.
Plat means a map or representation of a subdivision, showing thereon the division of a tract or
parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.
Plat, Final means the final drawing of the subdivision and dedication prepared for filing for
record with the county auditor and containing all elements and requirements set forth in this title.
Plat, Preliminary means a neat and approximate drawing of a proposed subdivision showing
the general layout of streets and alleys, lots, blocks, dedications, restrictive covenants, and other
elements of a subdivision consistent with the requirements of this title. The preliminary plat shall
be the basis for the approval or disapproval of the general layout of a subdivision.
Plat, Preliminary Short means the map or representation of a short subdivision per RCW
58.17.020 (6) and (8).
Plug-in Hybrid Electric Vehicle (PHEV) means an electric vehicle that (1) contains an internal
combustion engine, and also allows power to be delivered to the drive wheels by an electric motor;
(2) is able to recharge its battery by connecting to the grid or other off-board electrical source; and
(3) has the ability to travel short distances (typically 10 miles or more) powered all, or substantially
all, by electricity.
Police Station means a building in which houses the police headquarters for a particular
district, from which police officers are dispatched and to which persons under arrest are brought.
Porch, Front means for the purposes of §20.48.040(f) (Building Setback Requirement) a front
porch is a covered platform at an entrance to a dwelling, having a separate roof, that is not heated
or cooled, and that is attached to the outside of a building.
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Post Office means an office or station of a government postal system at which mail is received
and sorted, from which it is dispatched and distributed, and at which stamps are sold or other
services rendered.
Private Alley means a private access or street, at least 16 feet of pavement, that provides access
to residential parcels or units, and that provides principal access to garages or code-required
parking areas. Alleys provide parking and service access, but are not intended for general traffic
circulation.
Processing means to perform a series of mechanical or chemical operations on (something) to
change or preserve it or subjecting something to a series of actions in order to achieve a particular
result.
Professional Services means a service requiring specialized knowledge and skill usually of a
mental or intellectual nature and usually requiring a license, certification, or registration. These
include lawyers, advertising professionals, architects, accountants, financial advisers, engineers,
and consultants, and similar professions that offer customized, knowledge-based services to
clients.
Project Permit or Project Permit Application means any land use or environmental permit or
license required from a local government for a project action, including but not limited to
subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial
development permits, site plan review, permits or approvals required by critical area ordinances,
site-specific rezones which do not require a comprehensive plan amendment, but excluding the
adoption or amendment of a comprehensive plan, subarea plan, or development regulations except
as otherwise specifically included in this subsection.
Property, when related to emergency or transitional housing per WAC 458-16-320, means real
or personal property used by a nonprofit organization, association, or corporation in providing
emergency or transitional housing and support services for low-income homeless persons or
victims of domestic violence.
Public Alley means a public way permanently reserved as a secondary means of access to
abutting property.
Public Facilities means streets, roads, highways, sidewalks, street and road lighting systems,
traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational
facilities, and schools.
Public Meeting means an informal meeting, hearing, workshop, or other public gathering of
people to obtain comments from the public or other agencies on a proposed project permit prior to
the local government’s decision. A public meeting may include, but is not limited to, a design
review or architectural control board meeting, a special review district or community council
meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does
not include an open record hearing. The proceedings at a public meeting may be recorded and a
report or recommendation may be included in the local government’s project permit application
file.
Public Park means a development designed or reserved for active or passive recreational use,
including all natural and man-made open space and landscaping, facilities, playing fields, and
buildings that are consistent with the general purposes of recreation operated by a public agency.
Public Parking Garage means a public structure for motor vehicles to park. Typically consists
of several floors and is sometimes underground.
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Public Parking Lot means an off-street, ground level open area, usually improved for the
temporary parking of motor vehicles available to the general public with or without payment of a
fee.
Public Place of Adult Entertainment means any exhibition or dance constituting “adult
entertainment,” as defined in this section, which is for the use or benefit of a member or members
of the adult public, or advertised for the use or benefit of a member or members of the adult public,
held conducted, operated or maintained for a profit, direct or indirect.
Public Services means fire protection and suppression, law enforcement, public health,
education, recreation, environmental protection, and other governmental services.
Public Utility Lift Station means a publicly owned and operated facility used to move
wastewater from lower to higher elevation, particularly where the elevation of the source is not
sufficient for gravity flow and/or when the use of gravity conveyance will result in excessive
excavation depths and high sewer construction costs.
Public Utility Pump Station means a publicly owned and operated facility with machinery for
pumping large amounts of water from lower elevations to higher elevations or for moving water
from one area to another.
Public Water Supply System means any water supply system furnishing potable water to two
or more dwelling units or businesses or any combination thereof.
Quarrying. See Mining.
Rapid Charging Station means an industrial grade electrical outlet that allow for faster
recharging of electric vehicle batteries through higher power levels, which meets or exceeds any
standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules
adopted under RCW 19.27.540.
Receive-Only Earth Station means an antenna and attendant processing equipment for
reception of electronic signals from satellites.
Reclamation Landfill means the gain of land from the sea, or wetlands, or other water bodies,
and restoration of productivity or use to lands that have been degraded by human activities or
impaired by natural phenomena.
Recreational or Park Building means a structure constructed on designated public land for
patrons of the park to use in conjunction with recreational activities and may include restrooms,
storage sheds, concession stands, baseball announcer booths, or similar structures that support the
uses associated within the specific park.
Religious Assembly, Accessory means a place used for worship and related religious,
philanthropic, or social activities in a building that is not the primary use of the site. Typical uses
include churches, chapels, mosques, temples, synagogues, parish halls, convents, and monasteries.
This use class does not include public or private education services or commercial schools, even
as accessory uses.
Religious Assembly, Principal means development used for worship and related religious,
philanthropic, or social activities and includes accessory rectories, manses, meeting rooms, food
preparation, and service facilities, classrooms, and other buildings. Typical uses include churches,
chapels, mosques, temples, synagogues, parish halls, convents, and monasteries. This use class
does not include public or private education services or commercial schools, even as accessory
uses.
Renovating means to restore to a former better state by cleaning, repairing, or rebuilding.
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Repair or Maintenance Activities means an action to restore the character, size, or scope of a
project only to the previously authorized condition.
Repairing means to restore by replacing a part or putting together what is torn or broken.
Rescue Squad means an organization which engages in the search for lost persons, rescue of
persons, rescue of persons who are trapped or who are in of rescue services, search for and recovery
of drowned persons, or any other rescue related activity.
Research and Development Company means activities that companies undertake to innovate
and introduce new products and services. It is often the first stage in the development process. The
goal is typically to take new products and services to market.
Residence, Duplex means a two-family residential use in which the dwelling units share a
common wall (including without limitation the wall of an attached garage or porch) and in which
each dwelling unit has living space on the ground floor and a separate, ground floor entrance.
Residence, Multi-Family means 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).
Residence, Multi-Family Apartments means a multi-family residential use other than a
multi-family conversion or multi-family townhouse.
Residence, Multi-Family Conversion means a multi-family residence containing not more than
four dwelling units and results from the conversion of a single building containing at least 2,000
square feet of gross floor area that was in existence on the effective date of this provision and that
was originally designed, constructed and occupied as a single-family residence.
Residence, Multi-Family Fourplex means a residential building structure containing four
separate units.
Residence, Multi-Family Garden Apartments means a community comprised of several
smaller low-rise buildings, three stories or less, located on a large property with ample common
interest outdoor space, and the outdoor green spaces are filled with gardens, grass, shrubs and
trees. Private outdoor green space may also be allowed in conjunction with the common interest
space.
Residence, Multi-Family Rowhouses means a single-family home set at the same point on the
property line as its neighboring units in one row of similar houses that are joined together by
sharing a common wall, roofline, and, generally, a consistent exterior design.
Residence, Multi-Family Townhouses means a multi-family resident use in which each
dwelling unit shares a common wall (including without limitation the wall of an attached garage
or porch) with at least one other dwelling unit and in which each dwelling unit has living space on
the ground floor and a separate, ground floor entrance. Buildings that contain three or more
attached single-family dwelling units that extend from foundation to roof and that have a yard or
public way on not less than two sides.
Residence, Multi-Family Triplex means a residential building structure containing three
separate units.
Residence, Primary with Accessory Dwelling Unit means a residential use having the external
appearance of a single-family residence but in which there is located a second dwelling unit that
is under the same ownership as, and subordinate to the single-family dwelling unit, and that is
intended for use as a complete and independent living facility, and that comprises not more than
25 percent of the gross floor area of the building nor more than a total of 800 square feet.
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Residence, Single-Family Attached, One Dwelling Unit Per Lot means a residential use
consisting of a single building containing two dwelling units which share a common wall
(including without limitation the wall of an attached garage or porch), but located on two 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.
Residence, Single-Family Detached, More Than One Dwelling Per Lot means a residential use
consisting of two or more single-family detached dwelling units on a single lot.
Residence, Single-Family Detached, One Dwelling Unit Per Lot means a residential use
consisting of a single detached building containing one dwelling unit and located on a lot
containing no other dwelling units.
Residence, Two-Family means a residential use consisting of a building containing two
dwelling units. If two dwelling units share a common wall, even the wall of an attached garage or
porch, the dwelling units shall be considered to be located in one building.
Residence, Two-Family Apartment means a two-family residential use other than a duplex,
two-family conversion, or primary residence with accessory dwelling unit.
Residence, Two-Family Conversion means a two-family residence resulting from the
conversion of a single building containing at least 2,000 square feet of gross floor area that was in
existence on the effective date of this provision and that was originally designed, constructed and
occupied as a single-family residence.
Residential Permit means a permit issued by a city or county that satisfies the conditions of
RCW 19.27.015 (5) and is within the scope of the international residential code, as adopted in
accordance with chapter 19.27 RCW.
Restaurant means space in a building maintained, advertised and held out to the public as a
place where individually priced meals are prepared and served primarily for on-premises
consumption and were the primary source of revenue from the operation is from the sale of food.
The building shall have a dining room or rooms, a kitchen and the number and kinds of employees
necessary for the preparing, cooking, and serving of meals.
Restoration means action performed to re-establish historic or pre-existing critical area
functions and values in areas impacted by human activity. Restoration may include improving
some functions and values beyond the historic conditions with commensurate declines in others.
Retail Trade means establishment primarily engaged in selling merchandise for personal or
household consumption and rendering services incidental to the sale of goods.
Right-of-Way means land dedicated primarily to the movement of vehicles and/or pedestrians
and providing for primary access to adjacent parcels. Secondarily, the land provides space for
utility lines and appurtenances and similar components.
Rooming House. (See Boarding House.)
Sales and Rental of Goods: Sales means commercial activity whereby the seller is obliged to
deliver goods, transfer ownership in the goods to the buyer and receive payment; and where the
buyer is obliged to pay the seller and receive delivery of and ownership in the goods in accordance
with an agreement. Rental means any goods to be supplied to the “buyer” on a lease basis for a set
price on a daily, weekly, monthly, or yearly basis.
Salon, Barber Shop, Beauty Shop, Tanning means a shop or business offering a specific
product or service related to fashion, hairdressing, or beauty.
Sanitary Landfill means the method of controlled disposal of solid waste (refuse) on land.
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School District means either the Arlington School District or the Lakewood School District,
or both.
Scrap Materials Salvage Yard means an open area where waste or scrap material, including
parts of used motor vehicles, and appliances are bought, sold, exchanged, stored, parked,
disassembled, or handled.
Secondary School means a school intermediate between elementary school and college and
usually offering general, technical, vocational, or college-preparatory courses. Typically grades
six through twelve, however once a student reach grade nine, they are considered be a high school
student.
Services means those that provide an activity or the performance of a task with a commercial
purpose.
Servient Lot means any lot which has the burden of providing an access easement for use by
other lots.
Shoreline Master Program means the city’s land supplemental use plan and regulations for
shorelines adopted pursuant to RCW 90.58.
Sign means any device that (i) is sufficiently visible to persons not located on the lot where
such device is located to accomplish either of the objectives set forth in subdivision (ii) of this
definition; and (ii) is designed to attract the attention of such persons or to communicate
information to them.
Signs, Blade means small signs oriented perpendicular to facade, typically located above or
adjacent to the entrance and visible to pedestrian circulation on adjacent sidewalks. Blade signs
project directly from the building’s facade.
Signs, Canopy means small signs oriented perpendicular or parallel to the facade, typically
located above or adjacent to the entrance and visible to pedestrian circulation on adjacent
sidewalks. Canopy signs are suspended from a fixed overhead shelter attached to the building’s
facade.
Sign, Changeable Text means permanent sign fixtures on or within which text may be
periodically changed (e.g., for short-term sales or specials). While the fixture must be permitted,
the text may change without a permit as long as it fits within the dimensional parameters of the
fixture.
Sign, Freestanding means a sign that is attached to, erected on, or supported by some structure
(such as a pole, mast, frame, or other structure) that is not itself an integral part of or attached to a
building or other structure having a principal function other than the support of a sign. A sign
that stands without supporting elements, such as a “sandwich board sign,” is also a freestanding
sign.
Signs, Marquee means signs painted on or attached to a marquee.
Sign, Nonconforming means a sign that, on the effective date of this title, does not conform to
one or more of the regulations set forth in this title, particularly Chapter 20.68, Signs.
Sign, Off-Premises means a sign that draws attention to or communicates information about a
business, service, commodity, accommodation, attraction, or other enterprise or activity that exists
or is conducted, sold, offered, maintained, or provided at a location other than the premises on
which the sign is located. A sign that draws attention to a cause or advocates or proclaims a
political, religious, or other noncommercial message shall also be an off-premises sign unless such
sign is excluded from regulation under §20.68.120 (Miscellaneous Restrictions and Prohibitions).
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Sign, On-Premises means a sign that draws attention to or communicates information about a
business, service, commodity, accommodation, attraction, or other enterprise or activity that exists
or is conducted, sold, offered, maintained, or provided on the premises where the sign is located.
Sign Permit means a permit issued by the Building Official or Community and Economic
Development Director that authorizes the recipient to erect, move, enlarge, or substantially alter a
sign.
Sign, Temporary means a sign that (i) is used in connection with a circumstance, situation, or
event that is designed, intended or expected to take place or to be completed within a reasonably
short or definite period after the erection of such sign, or (ii) is intended to remain on the location
where it is erected or placed for a period of not more than 15 days. If a sign display area is
permanent but the message displayed is subject to periodic changes, that sign shall not be regarded
as temporary.
Significant Tree(s). See Tree(s), Significant.
Single-Family Zones means those zones where single-family detached housing is the
predominant land use.
Short Line Railroad means those railroad lines designated class II or class III by the United
States surface transportation board.
Skateboard Park means a recreation area designed with ramps, rails, etc. for skateboarding.
Skating Rink means an indoor building that contains a surface for ice skate or roller skate.
Social Club means a group of people or the place where they meet, generally formed around a
common interest, occupation, or activity.
Soil Processing Operations means the use of any land, building, or structure for the purpose
of storing, mixing, composting, packaging soil, soil conditioning agents, wood chips and related
materials, compost, or manure.
Solid Waste Recycling Center means an establishment, place of business, facility, or building
which is maintained, operated, or used for the storing, keeping, buying, selling of waste materials
for the purpose of converting such items into a usable product.
Solid Waste Transfer Station means a facility where solid waste is unloaded from collection
vehicles or containers for reloading into larger, long-distance vehicles for transport to landfills or
other permitted solid waste facilities for final disposal.
Special Events means circuses, fairs, carnivals, festivals, or other types of special events that
(i) run for longer than one day but not longer than two weeks, (ii) are intended to or likely to attract
substantial crowds, and (iii) are unlike the customary or usual activities generally associated with
the property where the special event is to be located.
Special Needs Child Care Home. See Child Care Home, Special Needs.
Special Use Permit means a permit issued by the Community and Economic Development
Director or 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 decision-making authority.
Sport Court means an outdoor asphalt or concrete court (not including parking lots) designed
for athletic purposes, (i.e., basketball court, tennis court, etc.) surrounded by fencing or on a
standalone pad.
Squash Court means an indoor specially marked court for the game of squash.
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 38 Revised October 2022June 2024
Stacked Flat means dwelling units in a residential building of no more than three stories on a
residential zoned lot in which each floor may be separately rented or owned.
Stadium means a large usually roofless building with tiers of seats for spectators at sports
events.
Standard Record of Survey means a record of survey form approved by the City of Arlington
and in accordance with RCW. 58.09.
State Highway. See Street, State Highway.
Storage, Goods means the function that involves holding goods between the time of their
production and their final sale.
Storage, Materials means indoor or outdoor area where bulk materials (liquid, solid, granular,
etc.) are stored in piles, barrels, tanks, bins, crates, or other means.
Storage, Vehicles means parking tow-aways, impound yards, and storage lots for automobiles,
trucks, buses, and recreational vehicles.
Storage, Shipping, or Moving Container means a reusable container that was originally
constructed or was originally manufactured to be used for transport, moving and storage. These
units are typically constructed or assembled of, but not limited to canvas, corrugated and weathered
steel, or aluminum, and come in varying lengths and heights. They are transported by container
ships, trucks, or trains. This definition is not intended to include garbage and/or recycling
containers.
Street means a public street or a street with respect to which an offer of dedication has been
made.
Street, Arterial means a major street in the city’s street system that serves as an avenue for the
circulation of traffic into, out of, or around the city and carries high volumes of traffic.
Street, Arterial (4-lane) means a 4-lane (two driving lanes in both directions) configuration of
an arterial.
Street, Arterial (5-lane) means a 5-lane (two driving lanes in both directions, plus a center turn
lane/median) configuration of an arterial.
Street, Collector Arterial means a street whose principal function is to carry traffic between
minor, local, and sub collector streets and arterial streets but that may also provide direct access to
abutting properties. It serves or is designed to serve, directly or indirectly, more than 100 dwelling
units and is designed to be used or is used to carry more than 1,000 average trips per day.
Street, County Road means a street under the jurisdiction of Snohomish County.
Street, Cul-de-sac means a street that terminates in a vehicular turnaround.
Street, Frontage means a street that is parallel to and adjacent to an arterial street and that is
designed to provide access to abutting properties so that these properties are somewhat sheltered
from the effects of the through traffic on the arterial street and so that the flow of traffic on the
arterial street is not impeded by direct driveway access from a large number of abutting properties.
Such a street may be classified as a Local Access, Local Collector, or Collector Arterial.
Street, Local Access means a street whose sole function is to provide access to abutting
properties. It serves or is designed to serve not more than 25 dwelling units and is expected to or
does handle between 40 and 250 average trips per day.
Street, Local Collector means a street whose principal function is to provide access to abutting
properties but is also designed to be used or is used to connect minor and local streets with collector
or arterial streets. Including residences indirectly served through connecting streets, it serves or is
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 39 Revised October 2022June 2024
designed to serve at least 26 but not more than 100 dwelling units and is expected to or does handle
between 250 and 1,000 trips per day.
Street, New or Improved means any new or reconstructed fully constructed street with curb,
gutter, sidewalk, planting strip, and final lift of asphalt.
Street, State Highway means a street under the jurisdiction of Washington State Department of
Transportation.
Structure. Anything constructed or erected.
Studio: Art, Music, Dance means a small-scale facility for the production of or education in a
fine art, dance, or performance program. 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 fitness centers. Also includes production studios for individual
musicians, painters, sculptors, photographers, and other artists.
Subarea means a physical region that makes up a portion of the city.
Subarea Plan means a type of long-range planning for a limited geographic area within a
community. These subarea plans focus on goals and policies to form the framework for the plan
as well as specific goals and policies for land-use, environmental protection, and transportation.
Subdivision means the division or re-division of land into lots, tracts, parcels, sites, or divisions
for the purpose of sale, lease, or transfer of ownership; but the following shall not be included
within this definition nor be subject to the regulations of this title applicable strictly to
subdivisions: (i) the public acquisition by purchase or dedication of strips of land for widening or
opening streets.
Subdivision, Major means the division or re-division of land into ten or more lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
Subdivision, Minor means the division or re-division of land into nine or fewer lots, tracts,
parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership.
Subdivision, Unit Lot means an alternative to conventional subdivision process by which the
location of a building on a lot can be placed in such a manner that one or more of the building’s
sides rests directly on a lot line, allowing for the creation of fee simple lots for duplex, townhome,
rowhouse, and cottage housing developments, in zones where such uses are permit. Each building
shall not be less than one two units or exceed ten units and shall maintain a ten-foot separation
from other buildings. A major unit lot subdivision is 10 lots or more and a minor unit lot
subdivision is 9 lots or less.
Supportive Services means resume writing, training, vocational and psychological counselling,
or other similar programs designed to assist the homeless in independent living.
Surface Water means water on the earth’s surface exposed to the atmosphere.
Swimming Pool means any outdoor or indoor structure intended for swimming, including in-
ground and above-ground structures, and includes hot tubs, spas, portable spas, and non-portable
wading pools.
Technology Company means a company that has as its principal function the providing of
services, including computer, information transfer, communication, distribution, processing,
administrative, laboratory, experimental, developmental, technical or testing services;
manufacture of goods or materials; the processing of goods or materials by physical or chemical
change; computer related activities; robotics, biological or pharmaceutical, industrial activities; or
technology-oriented or emerging industrial activity. Technology-enabled businesses can be
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 40 Revised October 2022June 2024
situated in industries such as, but not limited to agriculture technology, biotechnology, consumer
technology, green technology, health care technology, logistics technology, manufacturing
technology, and services technology.
Temporary Building means a building or structure that complies with the following uses and
can be place on a lot for a limited time.
Temporary Emergency, Construction, or Repair Residence means a residence (which may be
a mobile home) that is: (i) located on the same lot as a residence made uninhabitable by fire, flood,
or other natural disaster and occupied by the persons displaced by such disaster, or (ii) located on
the same lot as a residence that is under construction or undergoing substantial repairs or
reconstruction and occupied by the persons intending to live in such permanent residence when
the work is completed, or (iii) located on a nonresidential construction site and occupied by persons
having construction or security responsibilities over such construction site.
Temporary Mobile or Modular Structures for Public Services means a temporary prefabricated
structure to be used for a limited time for public use.
Temporary Residence means a permanent residence in which a person abides, lodges, or
resides, including, but not limited to, vacation, business, or personal travel destinations in or out
of this state, for a period of 5 or more days in the aggregate during any calendar year and which is
not the person’s permanent address or, for a person whose permanent residence is not in this state,
a place where the person is employed, practices a vocation, or is enrolled as a student for any
period of time in this state.
Temporary Seasonal Farmer’s Market means a market in which local farmers sell their
agricultural products directly to consumers; allowed within specific time frames and seasons.
Temporary Sign. See Sign, Temporary.
Temporary Use means a use established for a fixed period of time with the intent to discontinue
such use upon the expiration of the time period.
Tourist Home means a single-family structure in which rooms are rented by the day or week.
Tower means any structure whose principal function is to support an antenna.
Towing Operation means a business of towing for compensation motor vehicles. Such business
shall also include the storage of towed vehicles, pending their return to the owner thereof by the
person or his/her or his agent who towed such vehicle.
Tract. A Lot means the term tract is used interchangeably with the term lot, particularly in the
context of subdivisions, where one “tract” is subdivided into several “lots.”
Trade or Vocational School means a postsecondary educational institution designed to train
students for a specific job in a skilled trade career. Most importantly, a trade school offers hands-
on training to prepare students for actual work in their chosen field. Trade school programs are
entirely concentrated on relevant job training.
Traffic Generation means the volume of vehicular traffic generated over a prescribed area
within a prescribed time frame, which can be directly attributed to a particular development or
geographic area.
Trail, Major means a paved multi-use access traversing property outside of a street right-of-
way (e.g., Centennial Trail).
Trail, Minor means a non-paved pedestrian access traversing property outside of a street right-
of-way.
Train Station means a railway facility or area where trains regularly stop to load or unload
passengers, freight, or both.
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Training Facility means the use of any lot or building in which training or educational services
are offered, but does not include an elementary school, secondary school, or post-secondary
school. A training facility may include but is not limited to the instruction of a trade, skill, service,
administration, dance, calisthenics, business, aviation, art, language, hairdressing, music, cultural
or sport.
Transitional housing means one or more dwelling units owned, operated, or managed by a
nonprofit organization or governmental entity in which supportive services are provided to
individuals and families that were formerly homeless, with the intent to stabilize them and move
them to permanent housing within a period of not more than twenty-four months, or longer if the
program is limited to tenants within a specified age range or the program is intended for tenants in
need of time to complete and transition from educational or training or service programs.a facility
that provides housing and supportive services to homeless individuals or families for up to two
years and whose primary purpose is to move into independent living and permanent housing.
Transportation Plan means the transportation plan element of the City's comprehensive plan,
including the City’s current 6-Year Transportation Improvement Plan.
Transportation System means all infrastructure and services for all forms of transportation
within a geographical area, irrespective of the responsible jurisdiction or transportation provider.
Travel Agency means an agency that makes the necessary arrangements for travelers,
especially the booking of airline tickets and hotel rooms.
Travel Trailer means a structure that (i) is intended to be transported over the streets and
highways (either as a motor vehicle or attached to or hauled by a motor vehicle) and (ii) is designed
for temporary use as sleeping quarters but that does not satisfy one or more of the definitional
criteria of a mobile home.
Tree(s), Significant means any deciduous tree eight (8) inches or greater in diameter (25 inches
in circumference or greater), and any evergreen tree twelve (12) inches or greater in diameter (37
inches in circumference or greater), measured one foot above the root crown.
Trees(s), Significant Stands of means any stand of healthy trees, not particularly of a large size,
that has a high likelihood of withstanding wind-throw even after adjacent trees are removed, and
serves or could serve as biological habitat, a recreational or aesthetic amenity, or screening as
required by this Title.
Union Hall means a building in which a union meets or conducts its business; specifically, the
headquarters of a trade union used as a center for meetings, for the recruitment of union works,
etc. and may refer to a hiring hall or trade union office.
Unit Lot Subdivision. See Subdivision, Unit Lot
Urban Governmental Services or Urban Services means those public services and public
facilities provided at an intensity historically and typically provided in cities, specifically including
storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police
protection services, public transit services, and other public utilities associated with urban areas
and normally not associated with rural areas.
Urban Growth means growth that makes intensive use of land for the location of buildings,
structures, and impermeable surfaces to such a degree as to be incompatible with the primary use
of land for the production of food, other agricultural products, or fiber, or the extraction of mineral
resources, rural uses, rural development, and natural resource lands designated pursuant to RCW
36.70A.170. A pattern of more intensive rural development, as provided in RCW 36.70A.070
(5)(d), is not urban growth. When allowed to spread over wide areas, urban growth typically
requires urban governmental services. “Characterized by urban growth” refers to land having
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City of Arlington 20.08 - 42 Revised October 2022June 2024
urban growth located on it, or to land located in relationship to an area with urban growth on it as
to be appropriate for urban growth.
Urban Growth Area means that portion of the city's planning jurisdiction that lies outside the
corporate limits of the city and within the Urban Growth Boundary.designated by a county
pursuant to RCW 36.70A.110.
Use means the activity or function that actually takes place or is intended to take place on a
lot.
Use of Existing Buildings for Residential Purposes means a building that received a certificate
of occupancy at least three years prior to the permit application to add housing units.
Use, Principal means a use listed in the Tables of Permissible Uses.
Utility Easement means an easement dedicated to utility providers for the purpose of allowing
utility facilities and access to them.
Utility Facilities means any above-ground structures or facilities (other than buildings, unless
such buildings are used as storage incidental to the operation of such structures or facilities) owned
by a governmental entity, a nonprofit organization, a corporation, or any entity defined as a public
utility for any purpose by RCW 80.04.015 and used in connection with the production, generation,
transmission, delivery, collection, or storage of water, sewage, electricity, gas, oil, or electronic
signals. Excepted from this definition are utility lines and supporting structures listed in Subsection
20.60.450(e) Underground Utilities.
Utility Facilities, Community or Regional means all utility facilities other than neighborhood
facilities.
Utility Facilities, Neighborhood means utility facilities that are designed to serve the
immediately surrounding neighborhood and that must, for reasons associated with the purpose of
the utility in question, be located in or near the neighborhood where such facilities are proposed to
be located.
Variance means a grant of permission by the appropriate authority that authorizes the recipient
to do that which, according to the strict letter of this title, he could not otherwise legally do.
Vegetated LID facilities include bioretention, rain gardens, dispersion, vegetated roofs, and
natural treatment areas.
Vehicular Access Easement or Tract. See Street, Private Access Tract.
Vehicle Accommodation Area means that portion of a lot that is used by vehicles for access,
circulation, parking, and loading and unloading, including vehicle and equipment sale or rental
display areas. It comprises the total of circulation areas, loading and unloading areas, and parking
areas.
Very low-income household means a single person, family, or unrelated persons living together
whose adjusted income is at or below fifty percent of the median household income adjusted for
household size, for the county where the household is located, as reported by the United States
department of housing and urban development.
Veterinarian means a medical professional who practices veterinary medicine by treating
diseases, disorders, managing reproductive health and injuries of animals.
Victim(s) of Domestic Violence means either an adult(s) or a child(ren) who have been
physically or mentally abused and who fled his or her home out of fear for his or her safety.
Vulnerable Populations means (a) population groups that are more likely to be at higher risk
for poor health outcomes in response to environmental harms, due to (i) Adverse socioeconomic
factors, such as unemployment, high housing and transportation costs relative to income, limited
Title 20—Land Use Code Chapter 20.08: Basic Definitions & Interpretations
City of Arlington 20.08 - 43 Revised October 2022June 2024
access to nutritious food and adequate health care, linguistic isolation, and other factors that
negatively affect health outcomes and increase vulnerability to the effects of environmental harms;
and (ii) sensitivity factors, such as low birth weight and higher rates of hospitalization. (b)
Vulnerable Populations includes, but is not limited to: (i) Racial or ethnic minorities; (ii) Low-
income populations; and (iii) Populations disproportionately impacted by environmental harms.
Warehouse Storage means a development of one or more enclosed structures providing
individual accessible or generally accessible areas for temporary storage of bulk merchandise or
inventory of commercial goods to be utilized in a separate location. This use shall not be used for
residential occupancy, commercial or business operations, or operation of machinery within the
leased space (except for equipment used in the operation of the facility, i.e., fork lifts, cranes, or
similar equipment). The term “warehouse” does not refer to “self-storage facilities”.
Water Slides means a continuous wettedwet chute, down which people slide into a pool
typically located at an amusement park or water park.
Wholesale Sales means the sale of goods, commodities, and merchandise to retail distributors;
to other wholesale distributors; to industrial, commercial, institutional or professional business
users; or acting as agents or brokers and buying or selling goods, commodities, and merchandise
for incorporation and assembly into other products.
Washington Wildland-Urban Interface Map means the Washington department of natural
resources map designated urban areas, wildland-urban interface, wildland-urban intermix,
wildlands, and long-term non-buildable areas, designated as the Washington wildland -urban
interface as mapped for 2019 by the Washington state department of natural resources – wildfire
and forest health divisions under consultation from the USFS Rocky Mountain Research Station.
Wildland Urban Interface / Intermix Area means the geographical area where structures and
other human development meet or intermingles with wildland vegetative fuels.
Wireless Communications Facility, Micro Facility means a wireless communication facility
which consists of antennas equal to or less than four (4) feet in height (except omni directional
antennas which may be up to six (6) feet in height) and with an area of not more than five hundred
eighty (580) square inches in the aggregate (e.g., one foot diameter parabola or 2' x 1.5' panel) as
viewed from any one point.
Wireless Communications Facility, Mini Facility means a wireless communication facility
which consists of antennas equal to or less than 10 feet in height or a parabolic antenna up to 1
meter (39.37 inches) in diameter and with an area not more than 50 square feet in the aggregate as
viewed from any one point.
Wireless Communications Facility, Macro Facility means a wireless communication facility
which consists of antennas equal to or less than 15 feet in height or a parabolic antenna up to 1
meter (39.37 inches) in diameter and with an area not more than 100 square feet in the aggregate
as viewed from any one point.
Wireless Communications Facility, Monopole I means a wireless communication facility that
consists of a support structure, the height of which shall not exceed sixty (60) feet.
Wireless Communications Facility, Monopole II means a wireless communication facility that
consists of a wireless communications support structure, up to a maximum of one hundred fifty
(150) feet in height erected to support wireless communication antennas and connecting
appurtenances.
Wireless Communications Facility, Lattice Tower means a wireless communication support
structure that consists of metal crossed strips or bars to support antennas and related equipment.
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City of Arlington 20.08 - 44 Revised October 2022June 2024
Wooded Area means an area of contiguous wooded vegetation where trees are at a density of
at least one six-inch or greater caliper tree per 325 square feet of land and where the branches and
leaves form a contiguous canopy.
Zoning Permit means a permit issued by the City that authorizes the recipient to make use of
property in accordance with the requirements of this title.
Zoning Verification means an administrative approval granted by the city that authorizes the
recipient to make use of property in accordance with the requirements of this title.
CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1110
Chapter 332, Laws of 2023
68th Legislature
2023 Regular Session
GROWTH MANAGEMENT ACT—MINIMUM DEVELOPMENT DENSITIES IN RESIDENTIAL
ZONES
EFFECTIVE DATE: July 23, 2023
Passed by the House April 18, 2023
Yeas 79 Nays 18
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 11, 2023
Yeas 35 Nays 14
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1110 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved May 8, 2023 1:11 PM FILED
May 10, 2023
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
Exhibit B
AN ACT Relating to creating more homes for Washington by 1
increasing middle housing in areas traditionally dedicated to single-2
family detached housing; amending RCW 36.70A.030, 36.70A.280, 3
43.21C.495, and 43.21C.450; adding new sections to chapter 36.70A 4
RCW; adding a new section to chapter 64.34 RCW; adding a new section 5
to chapter 64.32 RCW; adding a new section to chapter 64.38 RCW; 6
adding a new section to chapter 64.90 RCW; and creating new sections.7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
NEW SECTION. Sec. 1. The legislature finds that Washington is 9
facing an unprecedented housing crisis for its current population and 10
a lack of housing choices, and is not likely to meet the 11
affordability goals for future populations. In order to meet the goal 12
of 1,000,000 new homes by 2044, and enhanced quality of life and 13
environmental protection, innovative housing policies will need to be 14
adopted.15
Increasing housing options that are more affordable to various 16
income levels is critical to achieving the state's housing goals, 17
including those codified by the legislature under chapter 254, Laws 18
of 2021.19
There is continued need for the development of housing at all 20
income levels, including middle housing that will provide a wider 21
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1110
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Appropriations (originally sponsored by Representatives
Bateman, Barkis, Reed, Taylor, Riccelli, Berry, Fitzgibbon, Peterson,
Duerr, Lekanoff, Alvarado, Street, Ryu, Ramel, Cortes, Doglio, Macri,
Mena, Gregerson, Thai, Bergquist, Farivar, Wylie, Stonier, Pollet,
Santos, Fosse, and Ormsby)
READ FIRST TIME 02/24/23.
p. 1 E2SHB 1110.SL
variety of housing options and configurations to allow Washingtonians 1
to live near where they work.2
Homes developed at higher densities are more affordable by design 3
for Washington residents both in their construction and reduced 4
household energy and transportation costs.5
While creating more housing options, it is essential for cities 6
to identify areas at higher risk of displacement and establish 7
antidisplacement policies as required in Engrossed Second Substitute 8
House Bill No. 1220 (chapter 254, Laws of 2021).9
The state has made historic investments in subsidized affordable 10
housing through the housing trust fund, yet even with these historic 11
investments, the magnitude of the housing shortage requires both 12
public and private investment.13
In addition to addressing the housing shortage, allowing more 14
housing options in areas already served by urban infrastructure will 15
reduce the pressure to develop natural and working lands, support key 16
strategies for climate change, food security, and Puget Sound 17
recovery, and save taxpayers and ratepayers money.18
Sec. 2. RCW 36.70A.030 and 2021 c 254 s 6 are each amended to 19
read as follows:20
Unless the context clearly requires otherwise, the definitions in 21
this section apply throughout this chapter.22
(1) "Administrative design review" means a development permit 23
process whereby an application is reviewed, approved, or denied by 24
the planning director or the planning director's designee based 25
solely on objective design and development standards without a public 26
predecision hearing, unless such review is otherwise required by 27
state or federal law, or the structure is a designated landmark or 28
historic district established under a local preservation ordinance. A 29
city may utilize public meetings, hearings, or voluntary review 30
boards to consider, recommend, or approve requests for variances from 31
locally established design review standards.32
(2) "Adopt a comprehensive land use plan" means to enact a new 33
comprehensive land use plan or to update an existing comprehensive 34
land use plan.35
(((2))) (3) "Affordable housing" means, unless the context 36
clearly indicates otherwise, residential housing whose monthly costs, 37
including utilities other than telephone, do not exceed thirty 38
percent of the monthly income of a household whose income is:39
p. 2 E2SHB 1110.SL
(a) For rental housing, sixty percent of the median household 1
income adjusted for household size, for the county where the 2
household is located, as reported by the United States department of 3
housing and urban development; or4
(b) For owner-occupied housing, eighty percent of the median 5
household income adjusted for household size, for the county where 6
the household is located, as reported by the United States department 7
of housing and urban development.8
(((3))) (4) "Agricultural land" means land primarily devoted to 9
the commercial production of horticultural, viticultural, 10
floricultural, dairy, apiary, vegetable, or animal products or of 11
berries, grain, hay, straw, turf, seed, Christmas trees not subject 12
to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish 13
in upland hatcheries, or livestock, and that has long-term commercial 14
significance for agricultural production.15
(((4))) (5) "City" means any city or town, including a code city.16
(((5))) (6) "Comprehensive land use plan," "comprehensive plan," 17
or "plan" means a generalized coordinated land use policy statement 18
of the governing body of a county or city that is adopted pursuant to 19
this chapter.20
(((6))) (7) "Cottage housing" means residential units on a lot 21
with a common open space that either: (a) Is owned in common; or (b) 22
has units owned as condominium units with property owned in common 23
and a minimum of 20 percent of the lot size as open space.24
(8) "Courtyard apartments" means up to four attached dwelling 25
units arranged on two or three sides of a yard or court.26
(9) "Critical areas" include the following areas and ecosystems: 27
(a) Wetlands; (b) areas with a critical recharging effect on aquifers 28
used for potable water; (c) fish and wildlife habitat conservation 29
areas; (d) frequently flooded areas; and (e) geologically hazardous 30
areas. "Fish and wildlife habitat conservation areas" does not 31
include such artificial features or constructs as irrigation delivery 32
systems, irrigation infrastructure, irrigation canals, or drainage 33
ditches that lie within the boundaries of and are maintained by a 34
port district or an irrigation district or company.35
(((7))) (10) "Department" means the department of commerce.36
(((8))) (11) "Development regulations" or "regulation" means the 37
controls placed on development or land use activities by a county or 38
city, including, but not limited to, zoning ordinances, critical 39
areas ordinances, shoreline master programs, official controls, 40
p. 3 E2SHB 1110.SL
planned unit development ordinances, subdivision ordinances, and 1
binding site plan ordinances together with any amendments thereto. A 2
development regulation does not include a decision to approve a 3
project permit application, as defined in RCW 36.70B.020, even though 4
the decision may be expressed in a resolution or ordinance of the 5
legislative body of the county or city.6
(((9))) (12) "Emergency housing" means temporary indoor 7
accommodations for individuals or families who are homeless or at 8
imminent risk of becoming homeless that is intended to address the 9
basic health, food, clothing, and personal hygiene needs of 10
individuals or families. Emergency housing may or may not require 11
occupants to enter into a lease or an occupancy agreement.12
(((10))) (13) "Emergency shelter" means a facility that provides 13
a temporary shelter for individuals or families who are currently 14
homeless. Emergency shelter may not require occupants to enter into a 15
lease or an occupancy agreement. Emergency shelter facilities may 16
include day and warming centers that do not provide overnight 17
accommodations.18
(((11))) (14) "Extremely low-income household" means a single 19
person, family, or unrelated persons living together whose adjusted 20
income is at or below thirty percent of the median household income 21
adjusted for household size, for the county where the household is 22
located, as reported by the United States department of housing and 23
urban development.24
(((12))) (15) "Forestland" means land primarily devoted to 25
growing trees for long-term commercial timber production on land that 26
can be economically and practically managed for such production, 27
including Christmas trees subject to the excise tax imposed under RCW 28
84.33.100 through 84.33.140, and that has long-term commercial 29
significance. In determining whether forestland is primarily devoted 30
to growing trees for long-term commercial timber production on land 31
that can be economically and practically managed for such production, 32
the following factors shall be considered: (a) The proximity of the 33
land to urban, suburban, and rural settlements; (b) surrounding 34
parcel size and the compatibility and intensity of adjacent and 35
nearby land uses; (c) long-term local economic conditions that affect 36
the ability to manage for timber production; and (d) the availability 37
of public facilities and services conducive to conversion of 38
forestland to other uses.39
p. 4 E2SHB 1110.SL
(((13))) (16) "Freight rail dependent uses" means buildings and 1
other infrastructure that are used in the fabrication, processing, 2
storage, and transport of goods where the use is dependent on and 3
makes use of an adjacent short line railroad. Such facilities are 4
both urban and rural development for purposes of this chapter. 5
"Freight rail dependent uses" does not include buildings and other 6
infrastructure that are used in the fabrication, processing, storage, 7
and transport of coal, liquefied natural gas, or "crude oil" as 8
defined in RCW 90.56.010.9
(((14))) (17) "Geologically hazardous areas" means areas that 10
because of their susceptibility to erosion, sliding, earthquake, or 11
other geological events, are not suited to the siting of commercial, 12
residential, or industrial development consistent with public health 13
or safety concerns.14
(((15))) (18) "Long-term commercial significance" includes the 15
growing capacity, productivity, and soil composition of the land for 16
long-term commercial production, in consideration with the land's 17
proximity to population areas, and the possibility of more intense 18
uses of the land.19
(((16))) (19) "Low-income household" means a single person, 20
family, or unrelated persons living together whose adjusted income is 21
at or below eighty percent of the median household income adjusted 22
for household size, for the county where the household is located, as 23
reported by the United States department of housing and urban 24
development.25
(((17))) (20) "Major transit stop" means:26
(a) A stop on a high capacity transportation system funded or 27
expanded under the provisions of chapter 81.104 RCW;28
(b) Commuter rail stops;29
(c) Stops on rail or fixed guideway systems; or30
(d) Stops on bus rapid transit routes.31
(21) "Middle housing" means buildings that are compatible in 32
scale, form, and character with single-family houses and contain two 33
or more attached, stacked, or clustered homes including duplexes, 34
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked 35
flats, courtyard apartments, and cottage housing.36
(22) "Minerals" include gravel, sand, and valuable metallic 37
substances.38
(((18))) (23) "Moderate-income household" means a single person, 39
family, or unrelated persons living together whose adjusted income is 40
p. 5 E2SHB 1110.SL
at or below 120 percent of the median household income adjusted for 1
household size, for the county where the household is located, as 2
reported by the United States department of housing and urban 3
development.4
(((19))) (24) "Permanent supportive housing" is subsidized, 5
leased housing with no limit on length of stay that prioritizes 6
people who need comprehensive support services to retain tenancy and 7
utilizes admissions practices designed to use lower barriers to entry 8
than would be typical for other subsidized or unsubsidized rental 9
housing, especially related to rental history, criminal history, and 10
personal behaviors. Permanent supportive housing is paired with on-11
site or off-site voluntary services designed to support a person 12
living with a complex and disabling behavioral health or physical 13
health condition who was experiencing homelessness or was at imminent 14
risk of homelessness prior to moving into housing to retain their 15
housing and be a successful tenant in a housing arrangement, improve 16
the resident's health status, and connect the resident of the housing 17
with community-based health care, treatment, or employment services. 18
Permanent supportive housing is subject to all of the rights and 19
responsibilities defined in chapter 59.18 RCW.20
(((20))) (25) "Public facilities" include streets, roads, 21
highways, sidewalks, street and road lighting systems, traffic 22
signals, domestic water systems, storm and sanitary sewer systems, 23
parks and recreational facilities, and schools.24
(((21))) (26) "Public services" include fire protection and 25
suppression, law enforcement, public health, education, recreation, 26
environmental protection, and other governmental services.27
(((22))) (27) "Recreational land" means land so designated under 28
RCW 36.70A.1701 and that, immediately prior to this designation, was 29
designated as agricultural land of long-term commercial significance 30
under RCW 36.70A.170. Recreational land must have playing fields and 31
supporting facilities existing before July 1, 2004, for sports played 32
on grass playing fields.33
(((23))) (28) "Rural character" refers to the patterns of land 34
use and development established by a county in the rural element of 35
its comprehensive plan:36
(a) In which open space, the natural landscape, and vegetation 37
predominate over the built environment;38
(b) That foster traditional rural lifestyles, rural-based 39
economies, and opportunities to both live and work in rural areas;40
p. 6 E2SHB 1110.SL
(c) That provide visual landscapes that are traditionally found 1
in rural areas and communities;2
(d) That are compatible with the use of the land by wildlife and 3
for fish and wildlife habitat;4
(e) That reduce the inappropriate conversion of undeveloped land 5
into sprawling, low-density development;6
(f) That generally do not require the extension of urban 7
governmental services; and8
(g) That are consistent with the protection of natural surface 9
water flows and groundwater and surface water recharge and discharge 10
areas.11
(((24))) (29) "Rural development" refers to development outside 12
the urban growth area and outside agricultural, forest, and mineral 13
resource lands designated pursuant to RCW 36.70A.170. Rural 14
development can consist of a variety of uses and residential 15
densities, including clustered residential development, at levels 16
that are consistent with the preservation of rural character and the 17
requirements of the rural element. Rural development does not refer 18
to agriculture or forestry activities that may be conducted in rural 19
areas.20
(((25))) (30) "Rural governmental services" or "rural services" 21
include those public services and public facilities historically and 22
typically delivered at an intensity usually found in rural areas, and 23
may include domestic water systems((,)) and fire and police 24
protection services((, transportation and public transit services, 25
and other public utilities)) associated with rural development and 26
normally not associated with urban areas. Rural services do not 27
include storm or sanitary sewers, except as otherwise authorized by 28
RCW 36.70A.110(4).29
(((26))) (31) "Short line railroad" means those railroad lines 30
designated class II or class III by the United States surface 31
transportation board.32
(((27))) (32) "Single-family zones" means those zones where 33
single-family detached housing is the predominant land use.34
(33) "Stacked flat" means dwelling units in a residential 35
building of no more than three stories on a residential zoned lot in 36
which each floor may be separately rented or owned.37
(34) "Townhouses" means buildings that contain three or more 38
attached single-family dwelling units that extend from foundation to 39
roof and that have a yard or public way on not less than two sides.40
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(35) "Urban governmental services" or "urban services" include 1
those public services and public facilities at an intensity 2
historically and typically provided in cities, specifically including 3
storm and sanitary sewer systems, domestic water systems, street 4
cleaning services, fire and police protection services, public 5
transit services, and other public utilities associated with urban 6
areas and normally not associated with rural areas.7
(((28))) (36) "Urban growth" refers to growth that makes 8
intensive use of land for the location of buildings, structures, and 9
impermeable surfaces to such a degree as to be incompatible with the 10
primary use of land for the production of food, other agricultural 11
products, or fiber, or the extraction of mineral resources, rural 12
uses, rural development, and natural resource lands designated 13
pursuant to RCW 36.70A.170. A pattern of more intensive rural 14
development, as provided in RCW 36.70A.070(5)(d), is not urban 15
growth. When allowed to spread over wide areas, urban growth 16
typically requires urban governmental services. "Characterized by 17
urban growth" refers to land having urban growth located on it, or to 18
land located in relationship to an area with urban growth on it as to 19
be appropriate for urban growth.20
(((29))) (37) "Urban growth areas" means those areas designated 21
by a county pursuant to RCW 36.70A.110.22
(((30))) (38) "Very low-income household" means a single person, 23
family, or unrelated persons living together whose adjusted income is 24
at or below fifty percent of the median household income adjusted for 25
household size, for the county where the household is located, as 26
reported by the United States department of housing and urban 27
development.28
(((31))) (39) "Wetland" or "wetlands" means areas that are 29
inundated or saturated by surface water or groundwater at a frequency 30
and duration sufficient to support, and that under normal 31
circumstances do support, a prevalence of vegetation typically 32
adapted for life in saturated soil conditions. Wetlands generally 33
include swamps, marshes, bogs, and similar areas. Wetlands do not 34
include those artificial wetlands intentionally created from 35
nonwetland sites, including, but not limited to, irrigation and 36
drainage ditches, grass-lined swales, canals, detention facilities, 37
wastewater treatment facilities, farm ponds, and landscape amenities, 38
or those wetlands created after July 1, 1990, that were 39
unintentionally created as a result of the construction of a road, 40
p. 8 E2SHB 1110.SL
street, or highway. Wetlands may include those artificial wetlands 1
intentionally created from nonwetland areas created to mitigate 2
conversion of wetlands.3
NEW SECTION. Sec. 3. A new section is added to chapter 36.70A 4
RCW to read as follows:5
(1) Except as provided in subsection (4) of this section, any 6
city that is required or chooses to plan under RCW 36.70A.040 must 7
provide by ordinance and incorporate into its development 8
regulations, zoning regulations, and other official controls, 9
authorization for the following:10
(a) For cities with a population of at least 25,000 but less than 11
75,000 based on office of financial management population estimates:12
(i) The development of at least two units per lot on all lots 13
zoned predominantly for residential use, unless zoning permitting 14
higher densities or intensities applies;15
(ii) The development of at least four units per lot on all lots 16
zoned predominantly for residential use, unless zoning permitting 17
higher densities or intensities applies, within one-quarter mile 18
walking distance of a major transit stop; and19
(iii) The development of at least four units per lot on all lots 20
zoned predominantly for residential use, unless zoning permitting 21
higher densities or intensities applies, if at least one unit is 22
affordable housing.23
(b) For cities with a population of at least 75,000 based on 24
office of financial management population estimates:25
(i) The development of at least four units per lot on all lots 26
zoned predominantly for residential use, unless zoning permitting 27
higher densities or intensities applies;28
(ii) The development of at least six units per lot on all lots 29
zoned predominantly for residential use, unless zoning permitting 30
higher densities or intensities applies, within one-quarter mile 31
walking distance of a major transit stop; and32
(iii) The development of at least six units per lot on all lots 33
zoned predominantly for residential use, unless zoning permitting 34
higher densities or intensities applies, if at least two units are 35
affordable housing.36
(c) For cities with a population of less than 25,000, that are 37
within a contiguous urban growth area with the largest city in a 38
county with a population of more than 275,000, based on office of 39
p. 9 E2SHB 1110.SL
financial management population estimates the development of at least 1
two units per lot on all lots zoned predominantly for residential 2
use, unless zoning permitting higher densities or intensities 3
applies.4
(2)(a) To qualify for the additional units allowed under 5
subsection (1) of this section, the applicant must commit to renting 6
or selling the required number of units as affordable housing. The 7
units must be maintained as affordable for a term of at least 50 8
years, and the property must satisfy that commitment and all required 9
affordability and income eligibility conditions adopted by the local 10
government under this chapter. A city must require the applicant to 11
record a covenant or deed restriction that ensures the continuing 12
rental of units subject to these affordability requirements 13
consistent with the conditions in chapter 84.14 RCW for a period of 14
no less than 50 years. The covenant or deed restriction must also 15
address criteria and policies to maintain public benefit if the 16
property is converted to a use other than which continues to provide 17
for permanently affordable housing.18
(b) The units dedicated as affordable must be provided in a range 19
of sizes comparable to other units in the development. To the extent 20
practicable, the number of bedrooms in affordable units must be in 21
the same proportion as the number of bedrooms in units within the 22
entire development. The affordable units must generally be 23
distributed throughout the development and have substantially the 24
same functionality as the other units in the development.25
(c) If a city has enacted a program under RCW 36.70A.540, the 26
terms of that program govern to the extent they vary from the 27
requirements of this subsection.28
(3) If a city has enacted a program under RCW 36.70A.540, 29
subsection (1) of this section does not preclude the city from 30
requiring any development, including development described in 31
subsection (1) of this section, to provide affordable housing, either 32
on-site or through an in-lieu payment, nor limit the city's ability 33
to expand such a program or modify its requirements.34
(4)(a) As an alternative to the density requirements in 35
subsection (1) of this section, a city may implement the density 36
requirements in subsection (1) of this section for at least 75 37
percent of lots in the city that are primarily dedicated to single-38
family detached housing units.39
p. 10 E2SHB 1110.SL
(b) The 25 percent of lots for which the requirements of 1
subsection (1) of this section are not implemented must include but 2
are not limited to:3
(i) Any areas within the city for which the department has 4
certified an extension of the implementation timelines under section 5
5 of this act due to the risk of displacement;6
(ii) Any areas within the city for which the department has 7
certified an extension of the implementation timelines under section 8
7 of this act due to a lack of infrastructure capacity;9
(iii) Any lots designated with critical areas or their buffers 10
that are exempt from the density requirements as provided in 11
subsection (8) of this section;12
(iv) Any portion of a city within a one-mile radius of a 13
commercial airport with at least 9,000,000 annual enplanements that 14
is exempt from the parking requirements under subsection (7)(b) of 15
this section; and16
(v) Any areas subject to sea level rise, increased flooding, 17
susceptible to wildfires, or geological hazards over the next 100 18
years.19
(c) Unless identified as at higher risk of displacement under RCW 20
36.70A.070(2)(g), the 25 percent of lots for which the requirements 21
of subsection (1) of this section are not implemented may not 22
include:23
(i) Any areas for which the exclusion would further racially 24
disparate impacts or result in zoning with a discriminatory effect;25
(ii) Any areas within one-half mile walking distance of a major 26
transit stop; or27
(iii) Any areas historically covered by a covenant or deed 28
restriction excluding racial minorities from owning property or 29
living in the area, as known to the city at the time of each 30
comprehensive plan update.31
(5) A city must allow at least six of the nine types of middle 32
housing to achieve the unit density required in subsection (1) of 33
this section. A city may allow accessory dwelling units to achieve 34
the unit density required in subsection (1) of this section. Cities 35
are not required to allow accessory dwelling units or middle housing 36
types beyond the density requirements in subsection (1) of this 37
section. A city must also allow zero lot line short subdivision where 38
the number of lots created is equal to the unit density required in 39
subsection (1) of this section.40
p. 11 E2SHB 1110.SL
(6) Any city subject to the requirements of this section:1
(a) If applying design review for middle housing, only 2
administrative design review shall be required;3
(b) Except as provided in (a) of this subsection, shall not 4
require through development regulations any standards for middle 5
housing that are more restrictive than those required for detached 6
single-family residences, but may apply any objective development 7
regulations that are required for detached single-family residences, 8
including, but not limited to, set-back, lot coverage, stormwater, 9
clearing, and tree canopy and retention requirements to ensure 10
compliance with existing ordinances intended to protect critical 11
areas and public health and safety;12
(c) Shall apply to middle housing the same development permit and 13
environmental review processes that apply to detached single-family 14
residences, unless otherwise required by state law including, but not 15
limited to, shoreline regulations under chapter 90.58 RCW, building 16
codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, 17
or electrical codes under chapter 19.28 RCW;18
(d) Shall not require off-street parking as a condition of 19
permitting development of middle housing within one-half mile walking 20
distance of a major transit stop;21
(e) Shall not require more than one off-street parking space per 22
unit as a condition of permitting development of middle housing on 23
lots smaller than 6,000 square feet before any zero lot line 24
subdivisions or lot splits;25
(f) Shall not require more than two off-street parking spaces per 26
unit as a condition of permitting development of middle housing on 27
lots greater than 6,000 square feet before any zero lot line 28
subdivisions or lot splits; and29
(g) Are not required to achieve the per unit density under this 30
act on lots after subdivision below 1,000 square feet unless the city 31
chooses to enact smaller allowable lot sizes.32
(7) The provisions of subsection (6)(d) through (f) of this 33
section do not apply:34
(a) If a local government submits to the department an empirical 35
study prepared by a credentialed transportation or land use planning 36
expert that clearly demonstrates, and the department finds and 37
certifies, that the application of the parking limitations of 38
subsection (6)(d) through (f) of this section for middle housing will 39
be significantly less safe for vehicle drivers or passengers, 40
p. 12 E2SHB 1110.SL
pedestrians, or bicyclists than if the jurisdiction's parking 1
requirements were applied to the same location for the same number of 2
detached houses. The department must develop guidance to assist 3
cities on items to include in the study; or4
(b) To portions of cities within a one-mile radius of a 5
commercial airport in Washington with at least 9,000,000 annual 6
enplanements.7
(8) The provisions of this section do not apply to:8
(a) Lots designated with critical areas designated under RCW 9
36.70A.170 or their buffers as required by RCW 36.70A.170;10
(b) A watershed serving a reservoir for potable water if that 11
watershed is or was listed, as of the effective date of this section, 12
as impaired or threatened under section 303(d) of the federal clean 13
water act (33 U.S.C. Sec. 1313(d)); or14
(c) Lots that have been designated urban separators by countywide 15
planning policies as of the effective date of this section.16
(9) Nothing in this section prohibits a city from permitting 17
detached single-family residences.18
(10) Nothing in this section requires a city to issue a building 19
permit if other federal, state, and local requirements for a building 20
permit are not met.21
(11) A city must comply with the requirements of this section on 22
the latter of:23
(a) Six months after its next periodic comprehensive plan update 24
required under RCW 36.70A.130 if the city meets the population 25
threshold based on the 2020 office of financial management population 26
data; or27
(b) 12 months after their next implementation progress report 28
required under RCW 36.70A.130 after a determination by the office of 29
financial management that the city has reached a population threshold 30
established under this section.31
(12) A city complying with this section and not granted a 32
timeline extension under section 7 of this act does not have to 33
update its capital facilities plan element required by RCW 34
36.70A.070(3) to accommodate the increased housing required by this 35
act until the first periodic comprehensive plan update required for 36
the city under RCW 36.70A.130(5) that occurs on or after June 30, 37
2034.38
p. 13 E2SHB 1110.SL
NEW SECTION. Sec. 4. A new section is added to chapter 36.70A 1
RCW to read as follows:2
(1)(a) The department is directed to provide technical assistance 3
to cities as they implement the requirements under section 3 of this 4
act.5
(b) The department shall prioritize such technical assistance to 6
cities demonstrating the greatest need.7
(2)(a) The department shall publish model middle housing 8
ordinances no later than six months following the effective date of 9
this section.10
(b) In any city subject to section 3 of this act that has not 11
passed ordinances, regulations, or other official controls within the 12
time frames provided under section 3(11) of this act, the model 13
ordinance supersedes, preempts, and invalidates local development 14
regulations until the city takes all actions necessary to implement 15
section 3 of this act.16
(3)(a) The department is directed to establish a process by which 17
cities implementing the requirements of section 3 of this act may 18
seek approval of alternative local action necessary to meet the 19
requirements of this act.20
(b) The department may approve actions under this section for 21
cities that have, by January 1, 2023, adopted a comprehensive plan 22
that is substantially similar to the requirements of this act and 23
have adopted, or within one year of the effective date of this 24
section adopts, permanent development regulations that are 25
substantially similar to the requirements of this act. In determining 26
whether a city's adopted comprehensive plan and permanent development 27
regulations are substantially similar, the department must find as 28
substantially similar plans and regulations that:29
(i) Result in an overall increase in housing units allowed in 30
single-family zones that is at least 75 percent of the increase in 31
housing units allowed in single-family zones if the specific 32
provisions of this act were adopted;33
(ii) Allow for middle housing throughout the city, rather than 34
just in targeted locations; and35
(iii) Allow for additional density near major transit stops, and 36
for projects that incorporate dedicated affordable housing.37
(c) The department may also approve actions under this section 38
for cities that have, by January 1, 2023, adopted a comprehensive 39
plan or development regulations that have significantly reduced or 40
p. 14 E2SHB 1110.SL
eliminated residentially zoned areas that are predominantly single 1
family. The department must find that a city's actions are 2
substantially similar to the requirements of this act if they have 3
adopted, or within one year of the effective date of this section 4
adopts, permanent development regulations that:5
(i) Result in an overall increase in housing units allowed in 6
single-family zones that is at least 75 percent of the increase in 7
housing units allowed in single-family zones if the specific 8
provisions of this act were adopted;9
(ii) Allow for middle housing throughout the city, rather than 10
just in targeted locations; and11
(iii) Allow for additional density near major transit stops, and 12
for projects that incorporate dedicated affordable housing.13
(d) The department may determine that a comprehensive plan and 14
development regulations that do not meet these criteria are otherwise 15
substantially similar to the requirements of this act if the city can 16
clearly demonstrate that the regulations adopted will allow for a 17
greater increase in middle housing production within single family 18
zones than would be allowed through implementation of section 3 of 19
this act.20
(e) Any local actions approved by the department pursuant to (a) 21
of this subsection to implement the requirements under section 3 of 22
this act are exempt from appeals under this chapter and chapter 23
43.21C RCW.24
(f) The department's final decision to approve or reject actions 25
by cities implementing section 3 of this act may be appealed to the 26
growth management hearings board by filing a petition as provided in 27
RCW 36.70A.290.28
(4) The department may issue guidance for local jurisdictions to 29
ensure that the levels of middle housing zoning under this act can be 30
integrated with the methods used by cities to calculate zoning 31
densities and intensities in local zoning and development 32
regulations.33
NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 34
RCW to read as follows:35
Any city choosing the alternative density requirements in section 36
3(4) of this act may apply to the department for, and the department 37
may certify, an extension for areas at risk of displacement as 38
determined by the antidisplacement analysis that a jurisdiction is 39
p. 15 E2SHB 1110.SL
required to complete under RCW 36.70A.070(2). The city must create a 1
plan for implementing antidisplacement policies by their next 2
implementation progress report required by RCW 36.70A.130(9). The 3
department may certify one further extension based on evidence of 4
significant ongoing displacement risk in the impacted area.5
Sec. 6. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to 6
read as follows:7
(1) The growth management hearings board shall hear and determine 8
only those petitions alleging either:9
(a) That, except as provided otherwise by this subsection, a 10
state agency, county, or city planning under this chapter is not in 11
compliance with the requirements of this chapter, chapter 90.58 RCW 12
as it relates to the adoption of shoreline master programs or 13
amendments thereto, or chapter 43.21C RCW as it relates to plans, 14
development regulations, or amendments, adopted under RCW 36.70A.040 15
or chapter 90.58 RCW. Nothing in this subsection authorizes the board 16
to hear petitions alleging noncompliance with RCW 36.70A.5801;17
(b) That the twenty-year growth management planning population 18
projections adopted by the office of financial management pursuant to 19
RCW 43.62.035 should be adjusted;20
(c) That the approval of a work plan adopted under RCW 21
36.70A.735(1)(a) is not in compliance with the requirements of the 22
program established under RCW 36.70A.710;23
(d) That regulations adopted under RCW 36.70A.735(1)(b) are not 24
regionally applicable and cannot be adopted, wholly or partially, by 25
another jurisdiction; ((or))26
(e) That a department certification under RCW 36.70A.735(1)(c) is 27
erroneous; or28
(f) That the department's final decision to approve or reject 29
actions by a city implementing section 3 of this act is clearly 30
erroneous.31
(2) A petition may be filed only by: (a) The state, or a county 32
or city that plans under this chapter; (b) a person who has 33
participated orally or in writing before the county or city regarding 34
the matter on which a review is being requested; (c) a person who is 35
certified by the governor within sixty days of filing the request 36
with the board; or (d) a person qualified pursuant to RCW 34.05.530.37
(3) For purposes of this section "person" means any individual, 38
partnership, corporation, association, state agency, governmental 39
p. 16 E2SHB 1110.SL
subdivision or unit thereof, or public or private organization or 1
entity of any character.2
(4) To establish participation standing under subsection (2)(b) 3
of this section, a person must show that his or her participation 4
before the county or city was reasonably related to the person's 5
issue as presented to the board.6
(5) When considering a possible adjustment to a growth management 7
planning population projection prepared by the office of financial 8
management, the board shall consider the implications of any such 9
adjustment to the population forecast for the entire state.10
The rationale for any adjustment that is adopted by the board 11
must be documented and filed with the office of financial management 12
within ten working days after adoption.13
If adjusted by the board, a county growth management planning 14
population projection shall only be used for the planning purposes 15
set forth in this chapter and shall be known as the "board adjusted 16
population projection." None of these changes shall affect the 17
official state and county population forecasts prepared by the office 18
of financial management, which shall continue to be used for state 19
budget and planning purposes.20
NEW SECTION. Sec. 7. A new section is added to chapter 36.70A 21
RCW to read as follows:22
(1) Any city choosing the alternative density requirements in 23
section 3(4) of this act may apply to the department for, and the 24
department may certify, an extension of the implementation timelines 25
established under section 3(11) of this act.26
(2) An extension certified under this section may be applied only 27
to specific areas where a city can demonstrate that water, sewer, 28
stormwater, transportation infrastructure, including facilities and 29
transit services, or fire protection services lack capacity to 30
accommodate the density required in section 3 of this act, and the 31
city has:32
(a) Included one or more improvements, as needed, within its 33
capital facilities plan to adequately increase capacity; or34
(b) Identified which special district is responsible for 35
providing the necessary infrastructure if the infrastructure is 36
provided by a special purpose district.37
(3) If an extension of the implementation timelines is requested 38
due to lack of water supply from the city or the purveyors who serve 39
p. 17 E2SHB 1110.SL
water within the city, the department's evaluation of the extension 1
must be based on the applicable water system plans in effect and 2
approved by the department of health. Water system plan updates 3
initiated after the effective date of this section must include 4
consideration of water supply requirements for middle housing types.5
(4) An extension granted under this section remains in effect 6
until the earliest of:7
(a) The infrastructure is improved to accommodate the capacity;8
(b) The city's deadline to complete its next periodic 9
comprehensive plan update under RCW 36.70A.130; or10
(c) The city's deadline to complete its implementation progress 11
report to the department as required under RCW 36.70A.130(9).12
(5) A city that has received an extension under this section may 13
reapply for any needed extension with its next periodic comprehensive 14
plan update under RCW 36.70A.130 or its implementation progress 15
report to the department under RCW 36.70A.130(9). The application for 16
an additional extension must include a list of infrastructure 17
improvements necessary to meet the capacity required in section 3 of 18
this act. Such additional extension must only be to address 19
infrastructure deficiency that a city is not reasonably able to 20
address within the first extension.21
(6) The department may establish by rule any standards or 22
procedures necessary to implement this section.23
(7) The department must provide the legislature with a list of 24
projects identified in a city's capital facilities plan that were the 25
basis for the extension under this section, including planning level 26
estimates. Additionally, the city must contact special purpose 27
districts to identify additional projects associated with extensions 28
under this section.29
(8) A city granted an extension for a specific area must allow 30
development as provided under section 3 of this act if the developer 31
commits to providing the necessary water, sewer, or stormwater 32
infrastructure.33
(9) If an area zoned predominantly for residential use is 34
currently served only by private wells, group B water systems or 35
group A water systems with less than 50 connections, or a city or 36
water providers within the city do not have an adequate water supply 37
or available connections to serve the zoning increase required under 38
section 3 of this act, the city may limit the areas subject to the 39
requirements under section 3 of this act to match current water 40
p. 18 E2SHB 1110.SL
availability. Nothing in this act affects or modifies the 1
responsibilities of cities to plan for or provide urban governmental 2
services as defined in RCW 36.70A.030 or affordable housing as 3
required by RCW 36.70A.070.4
(10) No city shall approve a building permit for housing under 5
section 3 of this act without compliance with the adequate water 6
supply requirements of RCW 19.27.097.7
(11) If an area zoned predominantly for residential use is 8
currently served only by on-site sewage systems, development may be 9
limited to two units per lot, until either the landowner or local 10
government provides sewer service or demonstrates a sewer system will 11
serve the development at the time of construction. Nothing in this 12
act affects or modifies the responsibilities of cities to plan for or 13
provide urban governmental services as defined in RCW 36.70A.030.14
Sec. 8. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to 15
read as follows:16
(1) Adoption of ordinances, development regulations and 17
amendments to such regulations, and other nonproject actions taken by 18
a city to implement: The actions specified in section 2, chapter 246, 19
Laws of 2022 unless the adoption of such ordinances, development 20
regulations and amendments to such regulations, or other nonproject 21
actions has a probable significant adverse impact on fish habitat; 22
and the increased residential building capacity actions identified in 23
RCW 36.70A.600(1), with the exception of the action specified in RCW 24
36.70A.600(1)(f), are not subject to administrative or judicial 25
appeals under this chapter.26
(2) Amendments to development regulations and other nonproject 27
actions taken by a city to implement the requirements under section 3 28
of this act pursuant to section 4(3)(b) of this act are not subject 29
to administrative or judicial appeals under this chapter.30
Sec. 9. RCW 43.21C.450 and 2012 1st sp.s. c 1 s 307 are each 31
amended to read as follows:32
The following nonproject actions are categorically exempt from 33
the requirements of this chapter:34
(1) Amendments to development regulations that are required to 35
ensure consistency with an adopted comprehensive plan pursuant to RCW 36
36.70A.040, where the comprehensive plan was previously subjected to 37
environmental review pursuant to this chapter and the impacts 38
p. 19 E2SHB 1110.SL
associated with the proposed regulation were specifically addressed 1
in the prior environmental review;2
(2) Amendments to development regulations that are required to 3
ensure consistency with a shoreline master program approved pursuant 4
to RCW 90.58.090, where the shoreline master program was previously 5
subjected to environmental review pursuant to this chapter and the 6
impacts associated with the proposed regulation were specifically 7
addressed in the prior environmental review;8
(3) Amendments to development regulations that, upon 9
implementation of a project action, will provide increased 10
environmental protection, limited to the following:11
(a) Increased protections for critical areas, such as enhanced 12
buffers or setbacks;13
(b) Increased vegetation retention or decreased impervious 14
surface areas in shoreline jurisdiction; and15
(c) Increased vegetation retention or decreased impervious 16
surface areas in critical areas;17
(4) Amendments to technical codes adopted by a county, city, or 18
town to ensure consistency with minimum standards contained in state 19
law, including the following:20
(a) Building codes required by chapter 19.27 RCW;21
(b) Energy codes required by chapter 19.27A RCW; and22
(c) Electrical codes required by chapter 19.28 RCW.23
(5) Amendments to development regulations to remove requirements 24
for parking from development proposed to fill in an urban growth area 25
designated according to RCW 36.70A.110.26
NEW SECTION. Sec. 10. A new section is added to chapter 64.34 27
RCW to read as follows:28
A declaration created after the effective date of this section 29
and applicable to an area within a city subject to the middle housing 30
requirements in section 3 of this act may not actively or effectively 31
prohibit the construction, development, or use of additional housing 32
units as required in section 3 of this act.33
NEW SECTION. Sec. 11. A new section is added to chapter 64.32 34
RCW to read as follows:35
A declaration created after the effective date of this section 36
and applicable to an association of apartment owners located within 37
an area of a city subject to the middle housing requirements in 38
p. 20 E2SHB 1110.SL
section 3 of this act may not actively or effectively prohibit the 1
construction, development, or use of additional housing units as 2
required in section 3 of this act.3
NEW SECTION. Sec. 12. A new section is added to chapter 64.38 4
RCW to read as follows:5
Governing documents of associations within cities subject to the 6
middle housing requirements in section 3 of this act that are created 7
after the effective date of this section may not actively or 8
effectively prohibit the construction, development, or use of 9
additional housing units as required in section 3 of this act.10
NEW SECTION. Sec. 13. A new section is added to chapter 64.90 11
RCW to read as follows:12
Declarations and governing documents of a common interest 13
community within cities subject to the middle housing requirements in 14
section 3 of this act that are created after the effective date of 15
this section may not actively or effectively prohibit the 16
construction, development, or use of additional housing units as 17
required in section 3 of this act.18
NEW SECTION. Sec. 14. The department of commerce may establish 19
by rule any standards or procedures necessary to implement sections 2 20
through 7 of this act.21
NEW SECTION. Sec. 15. If specific funding for the purposes of 22
this act, referencing this act by bill or chapter number, is not 23
provided by June 30, 2023, in the omnibus appropriations act, this 24
act is null and void.25
Passed by the House April 18, 2023.
Passed by the Senate April 11, 2023.
Approved by the Governor May 8, 2023.
Filed in Office of Secretary of State May 10, 2023.
--- END ---
p. 21 E2SHB 1110.SL
CERTIFICATION OF ENROLLMENT
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1220
Chapter 254, Laws of 2021
(partial veto)
67th Legislature
2021 Regular Session
EMERGENCY SHELTERS AND HOUSING—LOCAL PLANNING AND DEVELOPMENT
EFFECTIVE DATE: July 25, 2021
Passed by the House April 14, 2021
Yeas 57 Nays 40
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 10, 2021
Yeas 25 Nays 24
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SECOND SUBSTITUTE HOUSE
BILL 1220 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved May 12, 2021 2:35 PM with
the exception of section 7, which is
vetoed.
FILED
May 12, 2021
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to supporting emergency shelters and housing 1
through local planning and development regulations; amending RCW 2
36.70A.020, 36.70A.390, and 36.70A.030; reenacting and amending RCW 3
36.70A.070; adding a new section to chapter 35A.21 RCW; adding a new 4
section to chapter 35.21 RCW; and adding a new section to chapter 5
36.70A RCW.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
Sec. 1. RCW 36.70A.020 and 2002 c 154 s 1 are each amended to 8
read as follows:9
The following goals are adopted to guide the development and 10
adoption of comprehensive plans and development regulations of those 11
counties and cities that are required or choose to plan under RCW 12
36.70A.040. The following goals are not listed in order of priority 13
and shall be used exclusively for the purpose of guiding the 14
development of comprehensive plans and development regulations:15
(1) Urban growth. Encourage development in urban areas where 16
adequate public facilities and services exist or can be provided in 17
an efficient manner.18
(2) Reduce sprawl. Reduce the inappropriate conversion of 19
undeveloped land into sprawling, low-density development.20
ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1220
AS AMENDED BY THE SENATE
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By House Appropriations (originally sponsored by Representatives
Peterson, Macri, Bateman, Ryu, Lekanoff, Fitzgibbon, Kloba, Davis,
Lovick, Santos, Ortiz-Self, Simmons, Berg, Hackney, Chopp, Tharinger,
and Frame)
READ FIRST TIME 02/22/21.
p. 1 E2SHB 1220.SL
(3) Transportation. Encourage efficient multimodal transportation 1
systems that are based on regional priorities and coordinated with 2
county and city comprehensive plans.3
(4) Housing. ((Encourage the availability of affordable)) Plan 4
for and accommodate housing affordable to all economic segments of 5
the population of this state, promote a variety of residential 6
densities and housing types, and encourage preservation of existing 7
housing stock.8
(5) Economic development. Encourage economic development 9
throughout the state that is consistent with adopted comprehensive 10
plans, promote economic opportunity for all citizens of this state, 11
especially for unemployed and for disadvantaged persons, promote the 12
retention and expansion of existing businesses and recruitment of new 13
businesses, recognize regional differences impacting economic 14
development opportunities, and encourage growth in areas experiencing 15
insufficient economic growth, all within the capacities of the 16
state's natural resources, public services, and public facilities.17
(6) Property rights. Private property shall not be taken for 18
public use without just compensation having been made. The property 19
rights of landowners shall be protected from arbitrary and 20
discriminatory actions.21
(7) Permits. Applications for both state and local government 22
permits should be processed in a timely and fair manner to ensure 23
predictability.24
(8) Natural resource industries. Maintain and enhance natural 25
resource-based industries, including productive timber, agricultural, 26
and fisheries industries. Encourage the conservation of productive 27
forestlands and productive agricultural lands, and discourage 28
incompatible uses.29
(9) Open space and recreation. Retain open space, enhance 30
recreational opportunities, conserve fish and wildlife habitat, 31
increase access to natural resource lands and water, and develop 32
parks and recreation facilities.33
(10) Environment. Protect the environment and enhance the state's 34
high quality of life, including air and water quality, and the 35
availability of water.36
(11) Citizen participation and coordination. Encourage the 37
involvement of citizens in the planning process and ensure 38
coordination between communities and jurisdictions to reconcile 39
conflicts.40
p. 2 E2SHB 1220.SL
(12) Public facilities and services. Ensure that those public 1
facilities and services necessary to support development shall be 2
adequate to serve the development at the time the development is 3
available for occupancy and use without decreasing current service 4
levels below locally established minimum standards.5
(13) Historic preservation. Identify and encourage the 6
preservation of lands, sites, and structures, that have historical or 7
archaeological significance.8
Sec. 2. RCW 36.70A.070 and 2017 3rd sp.s. c 18 s 4 and 2017 3rd 9
sp.s. c 16 s 4 are each reenacted and amended to read as follows:10
The comprehensive plan of a county or city that is required or 11
chooses to plan under RCW 36.70A.040 shall consist of a map or maps, 12
and descriptive text covering objectives, principles, and standards 13
used to develop the comprehensive plan. The plan shall be an 14
internally consistent document and all elements shall be consistent 15
with the future land use map. A comprehensive plan shall be adopted 16
and amended with public participation as provided in RCW 36.70A.140. 17
Each comprehensive plan shall include a plan, scheme, or design for 18
each of the following:19
(1) A land use element designating the proposed general 20
distribution and general location and extent of the uses of land, 21
where appropriate, for agriculture, timber production, housing, 22
commerce, industry, recreation, open spaces, general aviation 23
airports, public utilities, public facilities, and other land uses. 24
The land use element shall include population densities, building 25
intensities, and estimates of future population growth. The land use 26
element shall provide for protection of the quality and quantity of 27
groundwater used for public water supplies. Wherever possible, the 28
land use element should consider utilizing urban planning approaches 29
that promote physical activity. Where applicable, the land use 30
element shall review drainage, flooding, and stormwater runoff in the 31
area and nearby jurisdictions and provide guidance for corrective 32
actions to mitigate or cleanse those discharges that pollute waters 33
of the state, including Puget Sound or waters entering Puget Sound.34
(2) A housing element ensuring the vitality and character of 35
established residential neighborhoods that:36
(a) Includes an inventory and analysis of existing and projected 37
housing needs that identifies the number of housing units necessary 38
p. 3 E2SHB 1220.SL
to manage projected growth, as provided by the department of 1
commerce, including:2
(i) Units for moderate, low, very low, and extremely low-income 3
households; and4
(ii) Emergency housing, emergency shelters, and permanent 5
supportive housing;6
(b) ((includes)) Includes a statement of goals, policies, 7
objectives, and mandatory provisions for the preservation, 8
improvement, and development of housing, including single-family 9
residences, and within an urban growth area boundary, moderate 10
density housing options including but not limited to, duplexes, 11
triplexes, and townhomes;12
(c) ((identifies)) Identifies sufficient capacity of land for 13
housing((,)) including, but not limited to, government-assisted 14
housing, housing for ((low-income families)) moderate, low, very low, 15
and extremely low-income households, manufactured housing, 16
multifamily housing, ((and)) group homes ((and)), foster care 17
facilities, emergency housing, emergency shelters, permanent 18
supportive housing, and within an urban growth area boundary, 19
consideration of duplexes, triplexes, and townhomes; ((and))20
(d) ((makes)) Makes adequate provisions for existing and 21
projected needs of all economic segments of the community, including:22
(i) Incorporating consideration for low, very low, extremely low, 23
and moderate-income households;24
(ii) Documenting programs and actions needed to achieve housing 25
availability including gaps in local funding, barriers such as 26
development regulations, and other limitations;27
(iii) Consideration of housing locations in relation to 28
employment location; and29
(iv) Consideration of the role of accessory dwelling units in 30
meeting housing needs;31
(e) Identifies local policies and regulations that result in 32
racially disparate impacts, displacement, and exclusion in housing, 33
including:34
(i) Zoning that may have a discriminatory effect;35
(ii) Disinvestment; and36
(iii) Infrastructure availability;37
(f) Identifies and implements policies and regulations to address 38
and begin to undo racially disparate impacts, displacement, and 39
exclusion in housing caused by local policies, plans, and actions;40
p. 4 E2SHB 1220.SL
(g) Identifies areas that may be at higher risk of displacement 1
from market forces that occur with changes to zoning development 2
regulations and capital investments; and3
(h) Establishes antidisplacement policies, with consideration 4
given to the preservation of historical and cultural communities as 5
well as investments in low, very low, extremely low, and moderate-6
income housing; equitable development initiatives; inclusionary 7
zoning; community planning requirements; tenant protections; land 8
disposition policies; and consideration of land that may be used for 9
affordable housing.10
In counties and cities subject to the review and evaluation 11
requirements of RCW 36.70A.215, any revision to the housing element 12
shall include consideration of prior review and evaluation reports 13
and any reasonable measures identified. The housing element should 14
link jurisdictional goals with overall county goals to ensure that 15
the housing element goals are met.16
(3) A capital facilities plan element consisting of: (a) An 17
inventory of existing capital facilities owned by public entities, 18
showing the locations and capacities of the capital facilities; (b) a 19
forecast of the future needs for such capital facilities; (c) the 20
proposed locations and capacities of expanded or new capital 21
facilities; (d) at least a six-year plan that will finance such 22
capital facilities within projected funding capacities and clearly 23
identifies sources of public money for such purposes; and (e) a 24
requirement to reassess the land use element if probable funding 25
falls short of meeting existing needs and to ensure that the land use 26
element, capital facilities plan element, and financing plan within 27
the capital facilities plan element are coordinated and consistent. 28
Park and recreation facilities shall be included in the capital 29
facilities plan element.30
(4) A utilities element consisting of the general location, 31
proposed location, and capacity of all existing and proposed 32
utilities, including, but not limited to, electrical lines, 33
telecommunication lines, and natural gas lines.34
(5) Rural element. Counties shall include a rural element 35
including lands that are not designated for urban growth, 36
agriculture, forest, or mineral resources. The following provisions 37
shall apply to the rural element:38
(a) Growth management act goals and local circumstances. Because 39
circumstances vary from county to county, in establishing patterns of 40
p. 5 E2SHB 1220.SL
rural densities and uses, a county may consider local circumstances, 1
but shall develop a written record explaining how the rural element 2
harmonizes the planning goals in RCW 36.70A.020 and meets the 3
requirements of this chapter.4
(b) Rural development. The rural element shall permit rural 5
development, forestry, and agriculture in rural areas. The rural 6
element shall provide for a variety of rural densities, uses, 7
essential public facilities, and rural governmental services needed 8
to serve the permitted densities and uses. To achieve a variety of 9
rural densities and uses, counties may provide for clustering, 10
density transfer, design guidelines, conservation easements, and 11
other innovative techniques that will accommodate appropriate rural 12
economic advancement, densities, and uses that are not characterized 13
by urban growth and that are consistent with rural character.14
(c) Measures governing rural development. The rural element shall 15
include measures that apply to rural development and protect the 16
rural character of the area, as established by the county, by:17
(i) Containing or otherwise controlling rural development;18
(ii) Assuring visual compatibility of rural development with the 19
surrounding rural area;20
(iii) Reducing the inappropriate conversion of undeveloped land 21
into sprawling, low-density development in the rural area;22
(iv) Protecting critical areas, as provided in RCW 36.70A.060, 23
and surface water and groundwater resources; and24
(v) Protecting against conflicts with the use of agricultural, 25
forest, and mineral resource lands designated under RCW 36.70A.170.26
(d) Limited areas of more intensive rural development. Subject to 27
the requirements of this subsection and except as otherwise 28
specifically provided in this subsection (5)(d), the rural element 29
may allow for limited areas of more intensive rural development, 30
including necessary public facilities and public services to serve 31
the limited area as follows:32
(i) Rural development consisting of the infill, development, or 33
redevelopment of existing commercial, industrial, residential, or 34
mixed-use areas, whether characterized as shoreline development, 35
villages, hamlets, rural activity centers, or crossroads 36
developments.37
(A) A commercial, industrial, residential, shoreline, or mixed-38
use area are subject to the requirements of (d)(iv) of this 39
p. 6 E2SHB 1220.SL
subsection, but are not subject to the requirements of (c)(ii) and 1
(iii) of this subsection.2
(B) Any development or redevelopment other than an industrial 3
area or an industrial use within a mixed-use area or an industrial 4
area under this subsection (5)(d)(i) must be principally designed to 5
serve the existing and projected rural population.6
(C) Any development or redevelopment in terms of building size, 7
scale, use, or intensity shall be consistent with the character of 8
the existing areas. Development and redevelopment may include changes 9
in use from vacant land or a previously existing use so long as the 10
new use conforms to the requirements of this subsection (5);11
(ii) The intensification of development on lots containing, or 12
new development of, small-scale recreational or tourist uses, 13
including commercial facilities to serve those recreational or 14
tourist uses, that rely on a rural location and setting, but that do 15
not include new residential development. A small-scale recreation or 16
tourist use is not required to be principally designed to serve the 17
existing and projected rural population. Public services and public 18
facilities shall be limited to those necessary to serve the 19
recreation or tourist use and shall be provided in a manner that does 20
not permit low-density sprawl;21
(iii) The intensification of development on lots containing 22
isolated nonresidential uses or new development of isolated cottage 23
industries and isolated small-scale businesses that are not 24
principally designed to serve the existing and projected rural 25
population and nonresidential uses, but do provide job opportunities 26
for rural residents. Rural counties may allow the expansion of small-27
scale businesses as long as those small-scale businesses conform with 28
the rural character of the area as defined by the local government 29
according to RCW 36.70A.030(((16))) (23). Rural counties may also 30
allow new small-scale businesses to utilize a site previously 31
occupied by an existing business as long as the new small-scale 32
business conforms to the rural character of the area as defined by 33
the local government according to RCW 36.70A.030(((16))) (23). Public 34
services and public facilities shall be limited to those necessary to 35
serve the isolated nonresidential use and shall be provided in a 36
manner that does not permit low-density sprawl;37
(iv) A county shall adopt measures to minimize and contain the 38
existing areas or uses of more intensive rural development, as 39
appropriate, authorized under this subsection. Lands included in such 40
p. 7 E2SHB 1220.SL
existing areas or uses shall not extend beyond the logical outer 1
boundary of the existing area or use, thereby allowing a new pattern 2
of low-density sprawl. Existing areas are those that are clearly 3
identifiable and contained and where there is a logical boundary 4
delineated predominately by the built environment, but that may also 5
include undeveloped lands if limited as provided in this subsection. 6
The county shall establish the logical outer boundary of an area of 7
more intensive rural development. In establishing the logical outer 8
boundary, the county shall address (A) the need to preserve the 9
character of existing natural neighborhoods and communities, (B) 10
physical boundaries, such as bodies of water, streets and highways, 11
and land forms and contours, (C) the prevention of abnormally 12
irregular boundaries, and (D) the ability to provide public 13
facilities and public services in a manner that does not permit low-14
density sprawl;15
(v) For purposes of (d) of this subsection, an existing area or 16
existing use is one that was in existence:17
(A) On July 1, 1990, in a county that was initially required to 18
plan under all of the provisions of this chapter;19
(B) On the date the county adopted a resolution under RCW 20
36.70A.040(2), in a county that is planning under all of the 21
provisions of this chapter under RCW 36.70A.040(2); or22
(C) On the date the office of financial management certifies the 23
county's population as provided in RCW 36.70A.040(5), in a county 24
that is planning under all of the provisions of this chapter pursuant 25
to RCW 36.70A.040(5).26
(e) Exception. This subsection shall not be interpreted to permit 27
in the rural area a major industrial development or a master planned 28
resort unless otherwise specifically permitted under RCW 36.70A.360 29
and 36.70A.365.30
(6) A transportation element that implements, and is consistent 31
with, the land use element.32
(a) The transportation element shall include the following 33
subelements:34
(i) Land use assumptions used in estimating travel;35
(ii) Estimated traffic impacts to state-owned transportation 36
facilities resulting from land use assumptions to assist the 37
department of transportation in monitoring the performance of state 38
facilities, to plan improvements for the facilities, and to assess 39
p. 8 E2SHB 1220.SL
the impact of land-use decisions on state-owned transportation 1
facilities;2
(iii) Facilities and services needs, including:3
(A) An inventory of air, water, and ground transportation 4
facilities and services, including transit alignments and general 5
aviation airport facilities, to define existing capital facilities 6
and travel levels as a basis for future planning. This inventory must 7
include state-owned transportation facilities within the city or 8
county's jurisdictional boundaries;9
(B) Level of service standards for all locally owned arterials 10
and transit routes to serve as a gauge to judge performance of the 11
system. These standards should be regionally coordinated;12
(C) For state-owned transportation facilities, level of service 13
standards for highways, as prescribed in chapters 47.06 and 47.80 14
RCW, to gauge the performance of the system. The purposes of 15
reflecting level of service standards for state highways in the local 16
comprehensive plan are to monitor the performance of the system, to 17
evaluate improvement strategies, and to facilitate coordination 18
between the county's or city's six-year street, road, or transit 19
program and the office of financial management's ten-year investment 20
program. The concurrency requirements of (b) of this subsection do 21
not apply to transportation facilities and services of statewide 22
significance except for counties consisting of islands whose only 23
connection to the mainland are state highways or ferry routes. In 24
these island counties, state highways and ferry route capacity must 25
be a factor in meeting the concurrency requirements in (b) of this 26
subsection;27
(D) Specific actions and requirements for bringing into 28
compliance locally owned transportation facilities or services that 29
are below an established level of service standard;30
(E) Forecasts of traffic for at least ten years based on the 31
adopted land use plan to provide information on the location, timing, 32
and capacity needs of future growth;33
(F) Identification of state and local system needs to meet 34
current and future demands. Identified needs on state-owned 35
transportation facilities must be consistent with the statewide 36
multimodal transportation plan required under chapter 47.06 RCW;37
(iv) Finance, including:38
(A) An analysis of funding capability to judge needs against 39
probable funding resources;40
p. 9 E2SHB 1220.SL
(B) A multiyear financing plan based on the needs identified in 1
the comprehensive plan, the appropriate parts of which shall serve as 2
the basis for the six-year street, road, or transit program required 3
by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 4
35.58.2795 for public transportation systems. The multiyear financing 5
plan should be coordinated with the ten-year investment program 6
developed by the office of financial management as required by RCW 7
47.05.030;8
(C) If probable funding falls short of meeting identified needs, 9
a discussion of how additional funding will be raised, or how land 10
use assumptions will be reassessed to ensure that level of service 11
standards will be met;12
(v) Intergovernmental coordination efforts, including an 13
assessment of the impacts of the transportation plan and land use 14
assumptions on the transportation systems of adjacent jurisdictions;15
(vi) Demand-management strategies;16
(vii) Pedestrian and bicycle component to include collaborative 17
efforts to identify and designate planned improvements for pedestrian 18
and bicycle facilities and corridors that address and encourage 19
enhanced community access and promote healthy lifestyles.20
(b) After adoption of the comprehensive plan by jurisdictions 21
required to plan or who choose to plan under RCW 36.70A.040, local 22
jurisdictions must adopt and enforce ordinances which prohibit 23
development approval if the development causes the level of service 24
on a locally owned transportation facility to decline below the 25
standards adopted in the transportation element of the comprehensive 26
plan, unless transportation improvements or strategies to accommodate 27
the impacts of development are made concurrent with the development. 28
These strategies may include increased public transportation service, 29
ride-sharing programs, demand management, and other transportation 30
systems management strategies. For the purposes of this subsection 31
(6), "concurrent with the development" means that improvements or 32
strategies are in place at the time of development, or that a 33
financial commitment is in place to complete the improvements or 34
strategies within six years. If the collection of impact fees is 35
delayed under RCW 82.02.050(3), the six-year period required by this 36
subsection (6)(b) must begin after full payment of all impact fees is 37
due to the county or city.38
(c) The transportation element described in this subsection (6), 39
the six-year plans required by RCW 35.77.010 for cities, RCW 40
p. 10 E2SHB 1220.SL
36.81.121 for counties, and RCW 35.58.2795 for public transportation 1
systems, and the ten-year investment program required by RCW 2
47.05.030 for the state, must be consistent.3
(7) An economic development element establishing local goals, 4
policies, objectives, and provisions for economic growth and vitality 5
and a high quality of life. A city that has chosen to be a 6
residential community is exempt from the economic development element 7
requirement of this subsection.8
(8) A park and recreation element that implements, and is 9
consistent with, the capital facilities plan element as it relates to 10
park and recreation facilities. The element shall include: (a) 11
Estimates of park and recreation demand for at least a ten-year 12
period; (b) an evaluation of facilities and service needs; and (c) an 13
evaluation of intergovernmental coordination opportunities to provide 14
regional approaches for meeting park and recreational demand.15
(9) It is the intent that new or amended elements required after 16
January 1, 2002, be adopted concurrent with the scheduled update 17
provided in RCW 36.70A.130. Requirements to incorporate any such new 18
or amended elements shall be null and void until funds sufficient to 19
cover applicable local government costs are appropriated and 20
distributed by the state at least two years before local government 21
must update comprehensive plans as required in RCW 36.70A.130.22
NEW SECTION. Sec. 3. A new section is added to chapter 35A.21 23
RCW to read as follows:24
A code city shall not prohibit transitional housing or permanent 25
supportive housing in any zones in which residential dwelling units 26
or hotels are allowed. Effective September 30, 2021, a code city 27
shall not prohibit indoor emergency shelters and indoor emergency 28
housing in any zones in which hotels are allowed, except in such 29
cities that have adopted an ordinance authorizing indoor emergency 30
shelters and indoor emergency housing in a majority of zones within a 31
one-mile proximity to transit. Reasonable occupancy, spacing, and 32
intensity of use requirements may be imposed by ordinance on 33
permanent supportive housing, transitional housing, indoor emergency 34
housing, and indoor emergency shelters to protect public health and 35
safety. Any such requirements on occupancy, spacing, and intensity of 36
use may not prevent the siting of a sufficient number of permanent 37
supportive housing, transitional housing, indoor emergency housing, 38
or indoor emergency shelters necessary to accommodate each code 39
p. 11 E2SHB 1220.SL
city's projected need for such housing and shelter under RCW 1
36.70A.070(2)(a)(ii).2
NEW SECTION. Sec. 4. A new section is added to chapter 35.21 3
RCW to read as follows:4
A city shall not prohibit transitional housing or permanent 5
supportive housing in any zones in which residential dwelling units 6
or hotels are allowed. Effective September 30, 2021, a city shall not 7
prohibit indoor emergency shelters and indoor emergency housing in 8
any zones in which hotels are allowed, except in such cities that 9
have adopted an ordinance authorizing indoor emergency shelters and 10
indoor emergency housing in a majority of zones within a one-mile 11
proximity to transit. Reasonable occupancy, spacing, and intensity of 12
use requirements may be imposed by ordinance on permanent supportive 13
housing, transitional housing, indoor emergency housing, and indoor 14
emergency shelters to protect public health and safety. Any such 15
requirements on occupancy, spacing, and intensity of use may not 16
prevent the siting of a sufficient number of permanent supportive 17
housing, transitional housing, indoor emergency housing, or indoor 18
emergency shelters necessary to accommodate each city's projected 19
need for such housing and shelter under RCW 36.70A.070(2)(a)(ii).20
Sec. 5. RCW 36.70A.390 and 1992 c 207 s 6 are each amended to 21
read as follows:22
A county or city governing body that adopts a moratorium, interim 23
zoning map, interim zoning ordinance, or interim official control 24
without holding a public hearing on the proposed moratorium, interim 25
zoning map, interim zoning ordinance, or interim official control, 26
shall hold a public hearing on the adopted moratorium, interim zoning 27
map, interim zoning ordinance, or interim official control within at 28
least sixty days of its adoption, whether or not the governing body 29
received a recommendation on the matter from the planning commission 30
or department. If the governing body does not adopt findings of fact 31
justifying its action before this hearing, then the governing body 32
shall do so immediately after this public hearing. A moratorium, 33
interim zoning map, interim zoning ordinance, or interim official 34
control adopted under this section may be effective for not longer 35
than six months, but may be effective for up to one year if a work 36
plan is developed for related studies providing for such a longer 37
period. A moratorium, interim zoning map, interim zoning ordinance, 38
p. 12 E2SHB 1220.SL
or interim official control may be renewed for one or more six-month 1
periods if a subsequent public hearing is held and findings of fact 2
are made prior to each renewal.3
This section does not apply to the designation of critical areas, 4
agricultural lands, forestlands, and mineral resource lands, under 5
RCW 36.70A.170, and the conservation of these lands and protection of 6
these areas under RCW 36.70A.060, prior to such actions being taken 7
in a comprehensive plan adopted under RCW 36.70A.070 and implementing 8
development regulations adopted under RCW 36.70A.120, if a public 9
hearing is held on such proposed actions. This section does not apply 10
to ordinances or development regulations adopted by a city that 11
prohibit building permit applications for or the construction of 12
transitional housing or permanent supportive housing in any zones in 13
which residential dwelling units or hotels are allowed or prohibit 14
building permit applications for or the construction of indoor 15
emergency shelters and indoor emergency housing in any zones in which 16
hotels are allowed.17
Sec. 6. RCW 36.70A.030 and 2020 c 173 s 4 are each amended to 18
read as follows:19
Unless the context clearly requires otherwise, the definitions in 20
this section apply throughout this chapter.21
(1) "Adopt a comprehensive land use plan" means to enact a new 22
comprehensive land use plan or to update an existing comprehensive 23
land use plan.24
(2) "Affordable housing" means, unless the context clearly 25
indicates otherwise, residential housing whose monthly costs, 26
including utilities other than telephone, do not exceed thirty 27
percent of the monthly income of a household whose income is:28
(a) For rental housing, sixty percent of the median household 29
income adjusted for household size, for the county where the 30
household is located, as reported by the United States department of 31
housing and urban development; or32
(b) For owner-occupied housing, eighty percent of the median 33
household income adjusted for household size, for the county where 34
the household is located, as reported by the United States department 35
of housing and urban development.36
(3) "Agricultural land" means land primarily devoted to the 37
commercial production of horticultural, viticultural, floricultural, 38
dairy, apiary, vegetable, or animal products or of berries, grain, 39
p. 13 E2SHB 1220.SL
hay, straw, turf, seed, Christmas trees not subject to the excise tax 1
imposed by RCW 84.33.100 through 84.33.140, finfish in upland 2
hatcheries, or livestock, and that has long-term commercial 3
significance for agricultural production.4
(4) "City" means any city or town, including a code city.5
(5) "Comprehensive land use plan," "comprehensive plan," or 6
"plan" means a generalized coordinated land use policy statement of 7
the governing body of a county or city that is adopted pursuant to 8
this chapter.9
(6) "Critical areas" include the following areas and ecosystems: 10
(a) Wetlands; (b) areas with a critical recharging effect on aquifers 11
used for potable water; (c) fish and wildlife habitat conservation 12
areas; (d) frequently flooded areas; and (e) geologically hazardous 13
areas. "Fish and wildlife habitat conservation areas" does not 14
include such artificial features or constructs as irrigation delivery 15
systems, irrigation infrastructure, irrigation canals, or drainage 16
ditches that lie within the boundaries of and are maintained by a 17
port district or an irrigation district or company.18
(7) "Department" means the department of commerce.19
(8) "Development regulations" or "regulation" means the controls 20
placed on development or land use activities by a county or city, 21
including, but not limited to, zoning ordinances, critical areas 22
ordinances, shoreline master programs, official controls, planned 23
unit development ordinances, subdivision ordinances, and binding site 24
plan ordinances together with any amendments thereto. A development 25
regulation does not include a decision to approve a project permit 26
application, as defined in RCW 36.70B.020, even though the decision 27
may be expressed in a resolution or ordinance of the legislative body 28
of the county or city.29
(9) "Emergency housing" means temporary indoor accommodations for 30
individuals or families who are homeless or at imminent risk of 31
becoming homeless that is intended to address the basic health, food, 32
clothing, and personal hygiene needs of individuals or families. 33
Emergency housing may or may not require occupants to enter into a 34
lease or an occupancy agreement.35
(10) "Emergency shelter" means a facility that provides a 36
temporary shelter for individuals or families who are currently 37
homeless. Emergency shelter may not require occupants to enter into a 38
lease or an occupancy agreement. Emergency shelter facilities may 39
p. 14 E2SHB 1220.SL
include day and warming centers that do not provide overnight 1
accommodations.2
(11) "Extremely low-income household" means a single person, 3
family, or unrelated persons living together whose adjusted income is 4
at or below thirty percent of the median household income adjusted 5
for household size, for the county where the household is located, as 6
reported by the United States department of housing and urban 7
development.8
(((10))) (12) "Forestland" means land primarily devoted to 9
growing trees for long-term commercial timber production on land that 10
can be economically and practically managed for such production, 11
including Christmas trees subject to the excise tax imposed under RCW 12
84.33.100 through 84.33.140, and that has long-term commercial 13
significance. In determining whether forestland is primarily devoted 14
to growing trees for long-term commercial timber production on land 15
that can be economically and practically managed for such production, 16
the following factors shall be considered: (a) The proximity of the 17
land to urban, suburban, and rural settlements; (b) surrounding 18
parcel size and the compatibility and intensity of adjacent and 19
nearby land uses; (c) long-term local economic conditions that affect 20
the ability to manage for timber production; and (d) the availability 21
of public facilities and services conducive to conversion of 22
forestland to other uses.23
(((11))) (13) "Freight rail dependent uses" means buildings and 24
other infrastructure that are used in the fabrication, processing, 25
storage, and transport of goods where the use is dependent on and 26
makes use of an adjacent short line railroad. Such facilities are 27
both urban and rural development for purposes of this chapter. 28
"Freight rail dependent uses" does not include buildings and other 29
infrastructure that are used in the fabrication, processing, storage, 30
and transport of coal, liquefied natural gas, or "crude oil" as 31
defined in RCW 90.56.010.32
(((12))) (14) "Geologically hazardous areas" means areas that 33
because of their susceptibility to erosion, sliding, earthquake, or 34
other geological events, are not suited to the siting of commercial, 35
residential, or industrial development consistent with public health 36
or safety concerns.37
(((13))) (15) "Long-term commercial significance" includes the 38
growing capacity, productivity, and soil composition of the land for 39
long-term commercial production, in consideration with the land's 40
p. 15 E2SHB 1220.SL
proximity to population areas, and the possibility of more intense 1
uses of the land.2
(((14))) (16) "Low-income household" means a single person, 3
family, or unrelated persons living together whose adjusted income is 4
at or below eighty percent of the median household income adjusted 5
for household size, for the county where the household is located, as 6
reported by the United States department of housing and urban 7
development.8
(((15))) (17) "Minerals" include gravel, sand, and valuable 9
metallic substances.10
(((16))) (18) "Moderate-income household" means a single person, 11
family, or unrelated persons living together whose adjusted income is 12
at or below 120 percent of the median household income adjusted for 13
household size, for the county where the household is located, as 14
reported by the United States department of housing and urban 15
development.16
(19) "Permanent supportive housing" is subsidized, leased housing 17
with no limit on length of stay that prioritizes people who need 18
comprehensive support services to retain tenancy and utilizes 19
admissions practices designed to use lower barriers to entry than 20
would be typical for other subsidized or unsubsidized rental housing, 21
especially related to rental history, criminal history, and personal 22
behaviors. Permanent supportive housing is paired with on-site or 23
off-site voluntary services designed to support a person living with 24
a complex and disabling behavioral health or physical health 25
condition who was experiencing homelessness or was at imminent risk 26
of homelessness prior to moving into housing to retain their housing 27
and be a successful tenant in a housing arrangement, improve the 28
resident's health status, and connect the resident of the housing 29
with community-based health care, treatment, or employment services. 30
Permanent supportive housing is subject to all of the rights and 31
responsibilities defined in chapter 59.18 RCW.32
(((17))) (20) "Public facilities" include streets, roads, 33
highways, sidewalks, street and road lighting systems, traffic 34
signals, domestic water systems, storm and sanitary sewer systems, 35
parks and recreational facilities, and schools.36
(((18))) (21) "Public services" include fire protection and 37
suppression, law enforcement, public health, education, recreation, 38
environmental protection, and other governmental services.39
p. 16 E2SHB 1220.SL
(((19))) (22) "Recreational land" means land so designated under 1
RCW 36.70A.1701 and that, immediately prior to this designation, was 2
designated as agricultural land of long-term commercial significance 3
under RCW 36.70A.170. Recreational land must have playing fields and 4
supporting facilities existing before July 1, 2004, for sports played 5
on grass playing fields.6
(((20))) (23) "Rural character" refers to the patterns of land 7
use and development established by a county in the rural element of 8
its comprehensive plan:9
(a) In which open space, the natural landscape, and vegetation 10
predominate over the built environment;11
(b) That foster traditional rural lifestyles, rural-based 12
economies, and opportunities to both live and work in rural areas;13
(c) That provide visual landscapes that are traditionally found 14
in rural areas and communities;15
(d) That are compatible with the use of the land by wildlife and 16
for fish and wildlife habitat;17
(e) That reduce the inappropriate conversion of undeveloped land 18
into sprawling, low-density development;19
(f) That generally do not require the extension of urban 20
governmental services; and21
(g) That are consistent with the protection of natural surface 22
water flows and groundwater and surface water recharge and discharge 23
areas.24
(((21))) (24) "Rural development" refers to development outside 25
the urban growth area and outside agricultural, forest, and mineral 26
resource lands designated pursuant to RCW 36.70A.170. Rural 27
development can consist of a variety of uses and residential 28
densities, including clustered residential development, at levels 29
that are consistent with the preservation of rural character and the 30
requirements of the rural element. Rural development does not refer 31
to agriculture or forestry activities that may be conducted in rural 32
areas.33
(((22))) (25) "Rural governmental services" or "rural services" 34
include those public services and public facilities historically and 35
typically delivered at an intensity usually found in rural areas, and 36
may include domestic water systems, fire and police protection 37
services, transportation and public transit services, and other 38
public utilities associated with rural development and normally not 39
p. 17 E2SHB 1220.SL
associated with urban areas. Rural services do not include storm or 1
sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).2
(((23))) (26) "Short line railroad" means those railroad lines 3
designated class II or class III by the United States surface 4
transportation board.5
(((24))) (27) "Urban governmental services" or "urban services" 6
include those public services and public facilities at an intensity 7
historically and typically provided in cities, specifically including 8
storm and sanitary sewer systems, domestic water systems, street 9
cleaning services, fire and police protection services, public 10
transit services, and other public utilities associated with urban 11
areas and normally not associated with rural areas.12
(((25))) (28) "Urban growth" refers to growth that makes 13
intensive use of land for the location of buildings, structures, and 14
impermeable surfaces to such a degree as to be incompatible with the 15
primary use of land for the production of food, other agricultural 16
products, or fiber, or the extraction of mineral resources, rural 17
uses, rural development, and natural resource lands designated 18
pursuant to RCW 36.70A.170. A pattern of more intensive rural 19
development, as provided in RCW 36.70A.070(5)(d), is not urban 20
growth. When allowed to spread over wide areas, urban growth 21
typically requires urban governmental services. "Characterized by 22
urban growth" refers to land having urban growth located on it, or to 23
land located in relationship to an area with urban growth on it as to 24
be appropriate for urban growth.25
(((26))) (29) "Urban growth areas" means those areas designated 26
by a county pursuant to RCW 36.70A.110.27
(((27))) (30) "Very low-income household" means a single person, 28
family, or unrelated persons living together whose adjusted income is 29
at or below fifty percent of the median household income adjusted for 30
household size, for the county where the household is located, as 31
reported by the United States department of housing and urban 32
development.33
(((28))) (31) "Wetland" or "wetlands" means areas that are 34
inundated or saturated by surface water or groundwater at a frequency 35
and duration sufficient to support, and that under normal 36
circumstances do support, a prevalence of vegetation typically 37
adapted for life in saturated soil conditions. Wetlands generally 38
include swamps, marshes, bogs, and similar areas. Wetlands do not 39
include those artificial wetlands intentionally created from 40
p. 18 E2SHB 1220.SL
nonwetland sites, including, but not limited to, irrigation and 1
drainage ditches, grass-lined swales, canals, detention facilities, 2
wastewater treatment facilities, farm ponds, and landscape amenities, 3
or those wetlands created after July 1, 1990, that were 4
unintentionally created as a result of the construction of a road, 5
street, or highway. Wetlands may include those artificial wetlands 6
intentionally created from nonwetland areas created to mitigate 7
conversion of wetlands.8
*NEW SECTION. Sec. 7. A new section is added to chapter 36.70A 9
RCW to read as follows:10
In addition to ordinances, development regulations, and other 11
official controls adopted or amended, a city or county should 12
consider policies to encourage the construction of accessory dwelling 13
units as a way to meet affordable housing goals. These policies could 14
include, but are not limited to:15
(1) The city or county may not require the owner of a lot on 16
which there is an accessory dwelling unit to reside in or occupy the 17
accessory dwelling unit or another housing unit on the same lot;18
(2) The city or county may require the owner not to use the 19
accessory dwelling unit for short-term rentals;20
(3) The city or county may not count residents of accessory 21
dwelling units against existing limits on the number of unrelated 22
residents on a lot;23
(4) The city or county may not establish a minimum gross floor 24
area for accessory dwelling units that exceeds the state building 25
code;26
(5) The city or county must make the same allowances for 27
accessory dwelling units' roof decks, balconies, and porches to 28
encroach on setbacks as are allowed for the principal unit;29
(6) The city or county must apply abutting lot setbacks to 30
accessory dwelling units on lots abutting zones with lower setback 31
requirements;32
(7) The city or county must establish an amnesty program to help 33
owners of unpermitted accessory dwelling units to obtain a permit;34
(8) The city or county must permit accessory dwelling units in 35
structures detached from the principal unit, must allow an accessory 36
dwelling unit on any lot that meets the minimum lot size required for 37
the principal unit, and must allow attached accessory dwelling units 38
on any lot with a principal unit that is nonconforming solely because 39
p. 19 E2SHB 1220.SL
the lot is smaller than the minimum size, as long as the accessory 1
dwelling unit would not increase nonconformity of the residential use 2
with respect to building height, bulk, or lot coverage;3
(9) The city or county may not establish a maximum gross floor 4
area requirement for accessory dwelling units that are less than 5
1,000 square feet or 60 percent of the principal unit, whichever is 6
greater, or that exceeds 1,200 square feet;7
(10) A city or county must allow accessory dwelling units to be 8
converted from existing structures, including but not limited to 9
detached garages, even if they violate current code requirements for 10
setbacks or lot coverage;11
(11) A city or county may not require public street improvements 12
as a condition of permitting accessory dwelling units; and13
(12) A city or county may require a new or separate utility 14
connection between an accessory dwelling unit and a utility only when 15
necessary to be consistent with water availability requirements, 16
water system plans, small water system management plans, or 17
established policies adopted by the water or sewer utility provider. 18
If such a connection is necessary, the connection fees and capacity 19
charges must:20
(a) Be proportionate to the burden of the proposed accessory 21
dwelling unit upon the water or sewer system; and22
(b) Not exceed the reasonable cost of providing the service.23
*Sec. 7 was vetoed. See message at end of chapter.
Passed by the House April 14, 2021.
Passed by the Senate April 10, 2021.
Approved by the Governor May 12, 2021, with the exception of
certain items that were vetoed.
Filed in Office of Secretary of State May 12, 2021.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to Section 7,
Engrossed Second Substitute House Bill No. 1220 entitled:
"AN ACT Relating to supporting emergency shelters and housing
through local planning and development regulations."
Section 7 of this bill can be read to encourage the siting and
development of accessory dwelling units in areas of the state outside
of urban growth areas. This was a technical oversight that occurred
during the legislative process. As passed, the bill inadvertently
omitted a key reference limiting these policies to urban growth
areas, which was not the intention of the bill's sponsor.
For these reasons I have vetoed Section 7 of Engrossed Second
Substitute House Bill No. 1220.
p. 20 E2SHB 1220.SL
With the exception of Section 7, Engrossed Second Substitute House
Bill No. 1220 is approved."
--- END ---
p. 21 E2SHB 1220.SL
CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5290
Chapter 338, Laws of 2023
68th Legislature
2023 Regular Session
PROJECT PERMITS—LOCAL PROJECT REVIEW—VARIOUS PROVISIONS
EFFECTIVE DATE: July 23, 2023—Except for section 7, which takes
effect January 1, 2025.
Passed by the Senate April 17, 2023
Yeas 47 Nays 0
DENNY HECK
President of the Senate
Passed by the House April 10, 2023
Yeas 98 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
CERTIFICATE
I, Sarah Bannister, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is SECOND SUBSTITUTE
SENATE BILL 5290 as passed by the
Senate and the House of
Representatives on the dates hereon
set forth.
SARAH BANNISTER
Secretary
Approved May 8, 2023 1:17 PM FILED
May 10, 2023
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to consolidating local permit review processes; 1
amending RCW 36.70B.140, 36.70B.020, 36.70B.070, 36.70B.080, and 2
36.70B.160; reenacting and amending RCW 36.70B.110; adding new 3
sections to chapter 36.70B RCW; creating new sections; and providing 4
an effective date.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 36.70B.140 and 1995 c 347 s 418 are each amended to 7
read as follows:8
(1) A local government by ordinance or resolution may exclude the 9
following project permits from the provisions of RCW 36.70B.060 10
through 36.70B.090 and 36.70B.110 through 36.70B.130: Landmark 11
designations, street vacations, or other approvals relating to the 12
use of public areas or facilities, or other project permits, whether 13
administrative or quasi-judicial, that the local government by 14
ordinance or resolution has determined present special circumstances 15
that warrant a review process or time periods for approval which are 16
different from that provided in RCW 36.70B.060 through 36.70B.090 and 17
36.70B.110 through 36.70B.130.18
(2) A local government by ordinance or resolution also may 19
exclude the following project permits from the provisions of RCW 20
36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary 21
SECOND SUBSTITUTE SENATE BILL 5290
AS AMENDED BY THE HOUSE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Senate Ways & Means (originally sponsored by Senators Mullet,
Kuderer, Fortunato, Liias, Nobles, Saldaña, and C. Wilson; by request
of Office of the Governor)
READ FIRST TIME 02/24/23.
p. 1 2SSB 5290.SL
adjustments and building and other construction permits, or similar 1
administrative approvals, categorically exempt from environmental 2
review under chapter 43.21C RCW, or for which environmental review 3
has been completed in connection with other project permits.4
(3) A local government must exclude project permits for interior 5
alterations from site plan review, provided that the interior 6
alterations do not result in the following:7
(a) Additional sleeping quarters or bedrooms;8
(b) Nonconformity with federal emergency management agency 9
substantial improvement thresholds; or10
(c) Increase the total square footage or valuation of the 11
structure thereby requiring upgraded fire access or fire suppression 12
systems.13
(4) Nothing in this section exempts interior alterations from 14
otherwise applicable building, plumbing, mechanical, or electrical 15
codes.16
(5) For purposes of this section, "interior alterations" include 17
construction activities that do not modify the existing site layout 18
or its current use and involve no exterior work adding to the 19
building footprint.20
NEW SECTION. Sec. 2. A new section is added to chapter 36.70B 21
RCW to read as follows:22
(1) Subject to the availability of funds appropriated for this 23
specific purpose, the department of commerce must establish a 24
consolidated permit review grant program. The department may award 25
grants to any local government that provides, by ordinance, 26
resolution, or other action, a commitment to the following building 27
permit review consolidation requirements:28
(a) Issuing final decisions on residential permit applications 29
within 45 business days or 90 calendar days.30
(i) To achieve permit review within the stated time periods, a 31
local government must provide consolidated review for building permit 32
applications. This may include an initial technical peer review of 33
the application for conformity with the requirements of RCW 34
36.70B.070 by all departments, divisions, and sections of the local 35
government with jurisdiction over the project.36
(ii) A local government may contract with a third-party business 37
to conduct the consolidated permit review or as additional inspection 38
p. 2 2SSB 5290.SL
staff. Any funds expended for such a contract may be eligible for 1
reimbursement under this act.2
(iii) Local governments are authorized to use grant funds to 3
contract outside assistance to audit their development regulations to 4
identify and correct barriers to housing development.5
(b) Establishing an application fee structure that would allow 6
the jurisdiction to continue providing consolidated permit review 7
within 45 business days or 90 calendar days.8
(i) A local government may consult with local building 9
associations to develop a reasonable fee system.10
(ii) A local government must determine, no later than July 1, 11
2024, the specific fee structure needed to provide permit review 12
within the time periods specified in this subsection (1)(b).13
(2) A jurisdiction that is awarded a grant under this section 14
must provide a quarterly report to the department of commerce. The 15
report must include the average and maximum time for permit review 16
during the jurisdiction's participation in the grant program.17
(3) If a jurisdiction is unable to successfully meet the terms 18
and conditions of the grant, the jurisdiction must enter a 90-day 19
probationary period. If the jurisdiction is not able to meet the 20
requirements of this section by the end of the probationary period, 21
the jurisdiction is no longer eligible to receive grants under this 22
section.23
(4) For the purposes of this section, "residential permit" means 24
a permit issued by a city or county that satisfies the conditions of 25
RCW 19.27.015(5) and is within the scope of the international 26
residential code, as adopted in accordance with chapter 19.27 RCW.27
NEW SECTION. Sec. 3. A new section is added to chapter 36.70B 28
RCW to read as follows:29
(1) Subject to the availability of funds appropriated for this 30
specific purpose, the department of commerce must establish a grant 31
program for local governments to update their permit review process 32
from paper filing systems to software systems capable of processing 33
digital permit applications, virtual inspections, electronic review, 34
and with capacity for video storage.35
(2) The department of commerce may only provide a grant under 36
this section to a city if the city allows for the development of at 37
least two units per lot on all lots zoned predominantly for 38
residential use within its jurisdiction.39
p. 3 2SSB 5290.SL
NEW SECTION. Sec. 4. A new section is added to chapter 36.70B 1
RCW to read as follows:2
(1) Subject to the availability of amounts appropriated for this 3
specific purpose, the department of commerce must convene a digital 4
permitting process work group to examine potential license and 5
permitting software for local governments to encourage streamlined 6
and efficient permit review.7
(2) The department of commerce, in consultation with the 8
association of Washington cities and Washington state association of 9
counties, shall appoint members to the work group representing groups 10
including but not limited to:11
(a) Cities and counties;12
(b) Building industries; and13
(c) Building officials.14
(3) The department of commerce must convene the first meeting of 15
the work group by August 1, 2023. The department must submit a final 16
report to the governor and the appropriate committees of the 17
legislature by August 1, 2024. The final report must:18
(a) Evaluate the existing need for digital permitting systems, 19
including impacts on existing digital permitting systems that are 20
already in place;21
(b) Review barriers preventing local jurisdictions from accessing 22
or adopting digital permitting systems;23
(c) Evaluate the benefits and costs associated with a statewide 24
permitting software system; and25
(d) Provide budgetary, administrative policy, and legislative 26
recommendations to increase the adoption of or establish a statewide 27
system of digital permit review.28
Sec. 5. RCW 36.70B.020 and 1995 c 347 s 402 are each amended to 29
read as follows:30
Unless the context clearly requires otherwise, the definitions in 31
this section apply throughout this chapter.32
(1) "Closed record appeal" means an administrative appeal on the 33
record to a local government body or officer, including the 34
legislative body, following an open record hearing on a project 35
permit application when the appeal is on the record with no or 36
limited new evidence or information allowed to be submitted and only 37
appeal argument allowed.38
(2) "Local government" means a county, city, or town.39
p. 4 2SSB 5290.SL
(3) "Open record hearing" means a hearing, conducted by a single 1
hearing body or officer authorized by the local government to conduct 2
such hearings, that creates the local government's record through 3
testimony and submission of evidence and information, under 4
procedures prescribed by the local government by ordinance or 5
resolution. An open record hearing may be held prior to a local 6
government's decision on a project permit to be known as an "open 7
record predecision hearing." An open record hearing may be held on an 8
appeal, to be known as an "open record appeal hearing," if no open 9
record predecision hearing has been held on the project permit.10
(4) "Project permit" or "project permit application" means any 11
land use or environmental permit or license required from a local 12
government for a project action, including but not limited to 13
((building permits,)) subdivisions, binding site plans, planned unit 14
developments, conditional uses, shoreline substantial development 15
permits, site plan review, permits or approvals required by critical 16
area ordinances, site-specific rezones ((authorized by a 17
comprehensive plan or subarea plan)) which do not require a 18
comprehensive plan amendment, but excluding the adoption or amendment 19
of a comprehensive plan, subarea plan, or development regulations 20
except as otherwise specifically included in this subsection.21
(5) "Public meeting" means an informal meeting, hearing, 22
workshop, or other public gathering of people to obtain comments from 23
the public or other agencies on a proposed project permit prior to 24
the local government's decision. A public meeting may include, but is 25
not limited to, a design review or architectural control board 26
meeting, a special review district or community council meeting, or a 27
scoping meeting on a draft environmental impact statement. A public 28
meeting does not include an open record hearing. The proceedings at a 29
public meeting may be recorded and a report or recommendation may be 30
included in the local government's project permit application file.31
Sec. 6. RCW 36.70B.070 and 1995 c 347 s 408 are each amended to 32
read as follows:33
(1)(a) Within ((twenty-eight)) 28 days after receiving a project 34
permit application, a local government planning pursuant to RCW 35
36.70A.040 shall ((mail or)) provide ((in person)) a written 36
determination to the applicant((, stating)).37
(b) The written determination must state either:38
(((a))) (i) That the application is complete; or39
p. 5 2SSB 5290.SL
(((b))) (ii) That the application is incomplete and that the 1
procedural submission requirements of the local government have not 2
been met. The determination shall outline what is necessary to make 3
the application procedurally complete.4
(c) The number of days shall be calculated by counting every 5
calendar day.6
(d) To the extent known by the local government, the local 7
government shall identify other agencies of local, state, or federal 8
governments that may have jurisdiction over some aspect of the 9
application.10
(2) A project permit application is complete for purposes of this 11
section when it meets the procedural submission requirements of the 12
local government ((and is sufficient for continued processing even 13
though additional information may be required or project 14
modifications may be undertaken subsequently)), as outlined on the 15
project permit application. Additional information or studies may be 16
required or project modifications may be undertaken subsequent to the 17
procedural review of the application by the local government. The 18
determination of completeness shall not preclude the local government 19
from requesting additional information or studies either at the time 20
of the notice of completeness or subsequently if new information is 21
required or substantial changes in the proposed action occur. 22
However, if the procedural submission requirements, as outlined on 23
the project permit application have been provided, the need for 24
additional information or studies may not preclude a completeness 25
determination.26
(3) The determination of completeness may include or be combined 27
with the following ((as optional information)):28
(a) A preliminary determination of those development regulations 29
that will be used for project mitigation;30
(b) A preliminary determination of consistency, as provided under 31
RCW 36.70B.040; ((or))32
(c) Other information the local government chooses to include; or33
(d) The notice of application pursuant to the requirements in RCW 34
36.70B.110.35
(4)(a) An application shall be deemed procedurally complete on 36
the 29th day after receiving a project permit application under this 37
section if the local government does not provide a written 38
determination to the applicant that the application is procedurally 39
incomplete as provided in subsection (1)(b)(ii) of this section. When 40
p. 6 2SSB 5290.SL
the local government does not provide a written determination, they 1
may still seek additional information or studies as provided for in 2
subsection (2) of this section.3
(b) Within ((fourteen)) 14 days after an applicant has submitted 4
to a local government additional information identified by the local 5
government as being necessary for a complete application, the local 6
government shall notify the applicant whether the application is 7
complete or what additional information is necessary.8
(c) The notice of application shall be provided within 14 days 9
after the determination of completeness pursuant to RCW 36.70B.110.10
Sec. 7. RCW 36.70B.080 and 2004 c 191 s 2 are each amended to 11
read as follows:12
(1)(a) Development regulations adopted pursuant to RCW 36.70A.040 13
must establish and implement time periods for local government 14
actions for each type of project permit application and provide 15
timely and predictable procedures to determine whether a completed 16
project permit application meets the requirements of those 17
development regulations. The time periods for local government 18
actions for each type of complete project permit application or 19
project type should not exceed ((one hundred twenty days, unless the 20
local government makes written findings that a specified amount of 21
additional time is needed to process specific complete project permit 22
applications or project types)) those specified in this section.23
((The)) (b) For project permits submitted after January 1, 2025, 24
the development regulations must, for each type of permit 25
application, specify the contents of a completed project permit 26
application necessary for the complete compliance with the time 27
periods and procedures.28
(((2))) (c) A jurisdiction may exclude certain permit types and 29
timelines for processing project permit applications as provided for 30
in RCW 36.70B.140.31
(d) The time periods for local government action to issue a final 32
decision for each type of complete project permit application or 33
project type subject to this chapter should not exceed the following 34
time periods unless modified by the local government pursuant to this 35
section or RCW 36.70B.140:36
(i) For project permits which do not require public notice under 37
RCW 36.70B.110, a local government must issue a final decision within 38
65 days of the determination of completeness under RCW 36.70B.070;39
p. 7 2SSB 5290.SL
(ii) For project permits which require public notice under RCW 1
36.70B.110, a local government must issue a final decision within 100 2
days of the determination of completeness under RCW 36.70B.070; and3
(iii) For project permits which require public notice under RCW 4
36.70B.110 and a public hearing, a local government must issue a 5
final decision within 170 days of the determination of completeness 6
under RCW 36.70B.070.7
(e) A jurisdiction may modify the provisions in (d) of this 8
subsection to add permit types not identified, change the permit 9
names or types in each category, address how consolidated review time 10
periods may be different than permits submitted individually, and 11
provide for how projects of a certain size or type may be 12
differentiated, including by differentiating between residential and 13
nonresidential permits. Unless otherwise provided for the 14
consolidated review of more than one permit, the time period for a 15
final decision shall be the longest of the permit time periods 16
identified in (d) of this subsection or as amended by a local 17
government.18
(f) If a local government does not adopt an ordinance or 19
resolution modifying the provisions in (d) of this subsection, the 20
time periods in (d) of this subsection apply.21
(g) The number of days an application is in review with the 22
county or city shall be calculated from the day completeness is 23
determined under RCW 36.70B.070 to the date a final decision is 24
issued on the project permit application. The number of days shall be 25
calculated by counting every calendar day and excluding the following 26
time periods:27
(i) Any period between the day that the county or city has 28
notified the applicant, in writing, that additional information is 29
required to further process the application and the day when 30
responsive information is resubmitted by the applicant;31
(ii) Any period after an applicant informs the local government, 32
in writing, that they would like to temporarily suspend review of the 33
project permit application until the time that the applicant notifies 34
the local government, in writing, that they would like to resume the 35
application. A local government may set conditions for the temporary 36
suspension of a permit application; and37
(iii) Any period after an administrative appeal is filed until 38
the administrative appeal is resolved and any additional time period 39
provided by the administrative appeal has expired.40
p. 8 2SSB 5290.SL
(h) The time periods for a local government to process a permit 1
shall start over if an applicant proposes a change in use that adds 2
or removes commercial or residential elements from the original 3
application that would make the application fail to meet the 4
determination of procedural completeness for the new use, as required 5
by the local government under RCW 36.70B.070.6
(i) If, at any time, an applicant informs the local government, 7
in writing, that the applicant would like to temporarily suspend the 8
review of the project for more than 60 days, or if an applicant is 9
not responsive for more than 60 consecutive days after the county or 10
city has notified the applicant, in writing, that additional 11
information is required to further process the application, an 12
additional 30 days may be added to the time periods for local 13
government action to issue a final decision for each type of project 14
permit that is subject to this chapter. Any written notice from the 15
local government to the applicant that additional information is 16
required to further process the application must include a notice 17
that nonresponsiveness for 60 consecutive days may result in 30 days 18
being added to the time for review. For the purposes of this 19
subsection, "nonresponsiveness" means that an applicant is not making 20
demonstrable progress on providing additional requested information 21
to the local government, or that there is no ongoing communication 22
from the applicant to the local government on the applicant's ability 23
or willingness to provide the additional information.24
(j) Annual amendments to the comprehensive plan are not subject 25
to the requirements of this section.26
(k) A county's or city's adoption of a resolution or ordinance to 27
implement this subsection shall not be subject to appeal under 28
chapter 36.70A RCW unless the resolution or ordinance modifies the 29
time periods provided in (d) of this subsection by providing for a 30
review period of more than 170 days for any project permit.31
(l)(i) When permit time periods provided for in (d) of this 32
subsection, as may be amended by a local government, and as may be 33
extended as provided for in (i) of this subsection, are not met, a 34
portion of the permit fee must be refunded to the applicant as 35
provided in this subsection. A local government may provide for the 36
collection of only 80 percent of a permit fee initially, and for the 37
collection of the remaining balance if the permitting time periods 38
are met. The portion of the fee refunded for missing time periods 39
shall be:40
p. 9 2SSB 5290.SL
(A) 10 percent if the final decision of the project permit 1
application was made after the applicable deadline but the period 2
from the passage of the deadline to the time of issuance of the final 3
decision did not exceed 20 percent of the original time period; or4
(B) 20 percent if the period from the passage of the deadline to 5
the time of the issuance of the final decision exceeded 20 percent of 6
the original time period.7
(ii) Except as provided in RCW 36.70B.160, the provisions in 8
subsection (l)(i) of this section are not applicable to cities and 9
counties which have implemented at least three of the options in RCW 10
36.70B.160(1) (a) through (j) at the time an application is deemed 11
procedurally complete.12
(2)(a) Counties subject to the requirements of RCW 36.70A.215 and 13
the cities within those counties that have populations of at least 14
((twenty thousand)) 20,000 must, for each type of permit application, 15
identify the total number of project permit applications for which 16
decisions are issued according to the provisions of this chapter. For 17
each type of project permit application identified, these counties 18
and cities must establish and implement a deadline for issuing a 19
notice of final decision as required by subsection (1) of this 20
section and minimum requirements for applications to be deemed 21
complete under RCW 36.70B.070 as required by subsection (1) of this 22
section.23
(b) Counties and cities subject to the requirements of this 24
subsection also must prepare an annual performance report((s)) that 25
((include, at a minimum, the following information for each type of 26
project permit application identified in accordance with the 27
requirements of (a) of this subsection:28
(i) Total number of complete applications received during the 29
year;30
(ii) Number of complete applications received during the year for 31
which a notice of final decision was issued before the deadline 32
established under this subsection;33
(iii) Number of applications received during the year for which a 34
notice of final decision was issued after the deadline established 35
under this subsection;36
(iv) Number of applications received during the year for which an 37
extension of time was mutually agreed upon by the applicant and the 38
county or city;39
p. 10 2SSB 5290.SL
(v) Variance of actual performance, excluding applications for 1
which mutually agreed time extensions have occurred, to the deadline 2
established under this subsection during the year; and3
(vi) The mean processing time and the number standard deviation 4
from the mean.5
(c) Counties and cities subject to the requirements of this 6
subsection must:7
(i) Provide notice of and access to the annual performance 8
reports through the county's or city's website; and9
(ii) Post electronic facsimiles of the annual performance reports 10
through the county's or city's website. Postings on a county's or 11
city's website indicating that the reports are available by 12
contacting the appropriate county or city department or official do 13
not comply with the requirements of this subsection.14
If a county or city subject to the requirements of this 15
subsection does not maintain a website, notice of the reports must be 16
given by reasonable methods, including but not limited to those 17
methods specified in RCW 36.70B.110(4).18
(3))) includes information outlining time periods for certain 19
permit types associated with housing. The report must provide:20
(i) Permit time periods for certain permit processes in the 21
county or city in relation to those established under this section, 22
including whether the county or city has established shorter time 23
periods than those provided in this section;24
(ii) The total number of decisions issued during the year for the 25
following permit types: Preliminary subdivisions, final subdivisions, 26
binding site plans, permit processes associated with the approval of 27
multifamily housing, and construction plan review for each of these 28
permit types when submitted separately;29
(iii) The total number of decisions for each permit type which 30
included consolidated project permit review, such as concurrent 31
review of a rezone or construction plans;32
(iv) The average number of days from a submittal to a decision 33
being issued for the project permit types listed in subsection 34
(2)(a)(ii) of this section. This shall be calculated from the day 35
completeness is determined under RCW 36.70B.070 to the date a 36
decision is issued on the application. The number of days shall be 37
calculated by counting every calendar day;38
(v) The total number of days each project permit application of a 39
type listed in subsection (2)(a)(ii) of this section was in review 40
p. 11 2SSB 5290.SL
with the county or city. This shall be calculated from the day 1
completeness is determined under RCW 36.70B.070 to the date a final 2
decision is issued on the application. The number of days shall be 3
calculated by counting every calendar day. The days the application 4
is in review with the county or city does not include the time 5
periods in subsection (1)(g)(i)-(iii) of this section;6
(vi) The total number of days that were excluded from the time 7
period calculation under subsection (1)(g)(i)-(iii) of this section 8
for each project permit application of a type listed in subsection 9
(2)(a)(ii) of this section.10
(c) Counties and cities subject to the requirements of this 11
subsection must:12
(i) Post the annual performance report through the county's or 13
city's website; and14
(ii) Submit the annual performance report to the department of 15
commerce by March 1st each year.16
(d) No later than July 1st each year, the department of commerce 17
shall publish a report which includes the annual performance report 18
data for each county and city subject to the requirements of this 19
subsection and a list of those counties and cities whose time periods 20
are shorter than those provided for in this section.21
The annual report must also include key metrics and findings from 22
the information collected.23
(e) The initial annual report required under this subsection must 24
be submitted to the department of commerce by March 1, 2025, and must 25
include information from permitting in 2024.26
(3) Nothing in this section prohibits a county or city from 27
extending a deadline for issuing a decision for a specific project 28
permit application for any reasonable period of time mutually agreed 29
upon by the applicant and the local government.30
(((4) The department of community, trade, and economic 31
development shall work with the counties and cities to review the 32
potential implementation costs of the requirements of subsection (2) 33
of this section. The department, in cooperation with the local 34
governments, shall prepare a report summarizing the projected costs, 35
together with recommendations for state funding assistance for 36
implementation costs, and provide the report to the governor and 37
appropriate committees of the senate and house of representatives by 38
January 1, 2005.))39
p. 12 2SSB 5290.SL
Sec. 8. RCW 36.70B.160 and 1995 c 347 s 420 are each amended to 1
read as follows:2
(1) Each local government is encouraged to adopt further project 3
review and code provisions to provide prompt, coordinated review and 4
ensure accountability to applicants and the public((, including 5
expedited review for project permit applications for projects that 6
are consistent with adopted development regulations and within the 7
capacity of systemwide infrastructure improvements)) by:8
(a) Expediting review for project permit applications for 9
projects that are consistent with adopted development regulations;10
(b) Imposing reasonable fees, consistent with RCW 82.02.020, on 11
applicants for permits or other governmental approvals to cover the 12
cost to the city, town, county, or other municipal corporation of 13
processing applications, inspecting and reviewing plans, or preparing 14
detailed statements required by chapter 43.21C RCW. The fees imposed 15
may not include a fee for the cost of processing administrative 16
appeals. Nothing in this subsection limits the ability of a county or 17
city to impose a fee for the processing of administrative appeals as 18
otherwise authorized by law;19
(c) Entering into an interlocal agreement with another 20
jurisdiction to share permitting staff and resources;21
(d) Maintaining and budgeting for on-call permitting assistance 22
for when permit volumes or staffing levels change rapidly;23
(e) Having new positions budgeted that are contingent on 24
increased permit revenue;25
(f) Adopting development regulations which only require public 26
hearings for permit applications that are required to have a public 27
hearing by statute;28
(g) Adopting development regulations which make preapplication 29
meetings optional rather than a requirement of permit application 30
submittal;31
(h) Adopting development regulations which make housing types an 32
outright permitted use in all zones where the housing type is 33
permitted;34
(i) Adopting a program to allow for outside professionals with 35
appropriate professional licenses to certify components of 36
applications consistent with their license; or37
(j) Meeting with the applicant to attempt to resolve outstanding 38
issues during the review process. The meeting must be scheduled 39
within 14 days of a second request for corrections during permit 40
p. 13 2SSB 5290.SL
review. If the meeting cannot resolve the issues and a local 1
government proceeds with a third request for additional information 2
or corrections, the local government must approve or deny the 3
application upon receiving the additional information or corrections.4
(2)(a) After January 1, 2026, a county or city must adopt 5
additional measures under subsection (1) of this section at the time 6
of its next comprehensive plan update under RCW 36.70A.130 if it 7
meets the following conditions:8
(i) The county or city has adopted at least three project review 9
and code provisions under subsection (1) of this section more than 10
five years prior; and11
(ii) The county or city is not meeting the permitting deadlines 12
established in RCW 36.70B.080 at least half of the time over the 13
period since its most recent comprehensive plan update under RCW 14
36.70A.130.15
(b) A city or county that is required to adopt new measures under 16
(a) of this subsection but fails to do so becomes subject to the 17
provisions of RCW 36.70B.080(1)(l), notwithstanding RCW 18
36.70B.080(1)(l)(ii).19
(((2))) (3) Nothing in this chapter is intended or shall be 20
construed to prevent a local government from requiring a 21
preapplication conference or a public meeting by rule, ordinance, or 22
resolution.23
(((3))) (4) Each local government shall adopt procedures to 24
monitor and enforce permit decisions and conditions.25
(((4))) (5) Nothing in this chapter modifies any independent 26
statutory authority for a government agency to appeal a project 27
permit issued by a local government.28
NEW SECTION. Sec. 9. A new section is added to chapter 36.70B 29
RCW to read as follows:30
(1) The department of commerce shall develop and provide 31
technical assistance and guidance to counties and cities in setting 32
fee structures under RCW 36.70B.160(1) to ensure that the fees are 33
reasonable and sufficient to recover true costs. The guidance must 34
include information on how to utilize growth factors or other 35
measures to reflect cost increases over time.36
(2) When providing technical assistance under subsection (1) of 37
this section, the department of commerce must prioritize local 38
p. 14 2SSB 5290.SL
governments that have implemented at least three of the options in 1
RCW 36.70B.160(1).2
Sec. 10. RCW 36.70B.110 and 1997 c 429 s 48 and 1997 c 396 s 1 3
are each reenacted and amended to read as follows:4
(1) Not later than April 1, 1996, a local government planning 5
under RCW 36.70A.040 shall provide a notice of application to the 6
public and the departments and agencies with jurisdiction as provided 7
in this section. If a local government has made a threshold 8
determination under chapter 43.21C RCW concurrently with the notice 9
of application, the notice of application may be combined with the 10
threshold determination and the scoping notice for a determination of 11
significance. Nothing in this section prevents a determination of 12
significance and scoping notice from being issued prior to the notice 13
of application. Nothing in this section or this chapter prevents a 14
lead agency, when it is a project proponent or is funding a project, 15
from conducting its review under chapter 43.21C RCW or from allowing 16
appeals of procedural determinations prior to submitting a project 17
permit ((application)).18
(2) The notice of application shall be provided within 19
((fourteen)) 14 days after the determination of completeness as 20
provided in RCW 36.70B.070 and, except as limited by the provisions 21
of subsection (4)(b) of this section, ((shall)) must include the 22
following in whatever sequence or format the local government deems 23
appropriate:24
(a) The date of application, the date of the notice of completion 25
for the application, and the date of the notice of application;26
(b) A description of the proposed project action and a list of 27
the project permits included in the application and, if applicable, a 28
list of any studies requested under RCW 36.70B.070 ((or 36.70B.090));29
(c) The identification of other permits not included in the 30
application to the extent known by the local government;31
(d) The identification of existing environmental documents that 32
evaluate the proposed project, and, if not otherwise stated on the 33
document providing the notice of application, such as a city land use 34
bulletin, the location where the application and any studies can be 35
reviewed;36
(e) A statement of the public comment period, which shall be not 37
less than fourteen nor more than thirty days following the date of 38
notice of application, and statements of the right of any person to 39
p. 15 2SSB 5290.SL
comment on the application, receive notice of and participate in any 1
hearings, request a copy of the decision once made, and any appeal 2
rights. A local government may accept public comments at any time 3
prior to the closing of the record of an open record predecision 4
hearing, if any, or, if no open record predecision hearing is 5
provided, prior to the decision on the project permit;6
(f) The date, time, place, and type of hearing, if applicable and 7
scheduled at the date of notice of the application;8
(g) A statement of the preliminary determination, if one has been 9
made at the time of notice, of those development regulations that 10
will be used for project mitigation and of consistency as provided in 11
RCW 36.70B.030(2) and 36.70B.040; and12
(h) Any other information determined appropriate by the local 13
government.14
(3) If an open record predecision hearing is required for the 15
requested project permits, the notice of application shall be 16
provided at least fifteen days prior to the open record hearing.17
(4) A local government shall use reasonable methods to give the 18
notice of application to the public and agencies with jurisdiction 19
and may use its existing notice procedures. A local government may 20
use different types of notice for different categories of project 21
permits or types of project actions. If a local government by 22
resolution or ordinance does not specify its method of public notice, 23
the local government shall use the methods provided for in (a) and 24
(b) of this subsection. Examples of reasonable methods to inform the 25
public are:26
(a) Posting the property for site-specific proposals;27
(b) Publishing notice, including at least the project location, 28
description, type of permit(s) required, comment period dates, and 29
location where the notice of application required by subsection (2) 30
of this section and the complete application may be reviewed, in the 31
newspaper of general circulation in the general area where the 32
proposal is located or in a local land use newsletter published by 33
the local government;34
(c) Notifying public or private groups with known interest in a 35
certain proposal or in the type of proposal being considered;36
(d) Notifying the news media;37
(e) Placing notices in appropriate regional or neighborhood 38
newspapers or trade journals;39
p. 16 2SSB 5290.SL
(f) Publishing notice in agency newsletters or sending notice to 1
agency mailing lists, either general lists or lists for specific 2
proposals or subject areas; and3
(g) Mailing to neighboring property owners.4
(5) A notice of application shall not be required for project 5
permits that are categorically exempt under chapter 43.21C RCW, 6
unless an open record predecision hearing is required or an open 7
record appeal hearing is allowed on the project permit decision.8
(6) A local government shall integrate the permit procedures in 9
this section with ((its)) environmental review under chapter 43.21C 10
RCW as follows:11
(a) Except for a threshold determination and except as otherwise 12
expressly allowed in this section, the local government may not issue 13
a decision or a recommendation on a project permit until the 14
expiration of the public comment period on the notice of application.15
(b) If an open record predecision hearing is required, the local 16
government shall issue its threshold determination at least fifteen 17
days prior to the open record predecision hearing.18
(c) Comments shall be as specific as possible.19
(d) A local government is not required to provide for 20
administrative appeals of its threshold determination. If provided, 21
an administrative appeal ((shall)) must be filed within fourteen days 22
after notice that the determination has been made and is appealable. 23
Except as otherwise expressly provided in this section, the appeal 24
hearing on a threshold determination ((of nonsignificance shall)) 25
must be consolidated with any open record hearing on the project 26
permit.27
(7) At the request of the applicant, a local government may 28
combine any hearing on a project permit with any hearing that may be 29
held by another local, state, regional, federal, or other agency, if:30
(a) The hearing is held within the geographic boundary of the 31
local government; and32
(b) ((The joint hearing can be held within the time periods 33
specified in RCW 36.70B.090 or the)) The applicant agrees to the 34
schedule in the event that additional time is needed in order to 35
combine the hearings. All agencies of the state of Washington, 36
including municipal corporations and counties participating in a 37
combined hearing, are hereby authorized to issue joint hearing 38
notices and develop a joint format, select a mutually acceptable 39
hearing body or officer, and take such other actions as may be 40
p. 17 2SSB 5290.SL
necessary to hold joint hearings consistent with each of their 1
respective statutory obligations.2
(8) All state and local agencies shall cooperate to the fullest 3
extent possible with the local government in holding a joint hearing 4
if requested to do so, as long as:5
(a) The agency is not expressly prohibited by statute from doing 6
so;7
(b) Sufficient notice of the hearing is given to meet each of the 8
agencies' adopted notice requirements as set forth in statute, 9
ordinance, or rule; and10
(c) The agency has received the necessary information about the 11
proposed project from the applicant to hold its hearing at the same 12
time as the local government hearing.13
(9) A local government is not required to provide for 14
administrative appeals. If provided, an administrative appeal of the 15
project decision and of any environmental determination issued at the 16
same time as the project decision, shall be filed within fourteen 17
days after the notice of the decision or after other notice that the 18
decision has been made and is appealable. The local government shall 19
extend the appeal period for an additional seven days, if state or 20
local rules adopted pursuant to chapter 43.21C RCW allow public 21
comment on a determination of nonsignificance issued as part of the 22
appealable project permit decision.23
(10) The applicant for a project permit is deemed to be a 24
participant in any comment period, open record hearing, or closed 25
record appeal.26
(11) Each local government planning under RCW 36.70A.040 shall 27
adopt procedures for administrative interpretation of its development 28
regulations.29
NEW SECTION. Sec. 11. The department of commerce shall develop 30
a template for counties and cities subject to the requirements in RCW 31
36.70B.080, which will be utilized for reporting data.32
NEW SECTION. Sec. 12. The department of commerce shall develop 33
a plan to provide local governments with appropriately trained staff 34
to provide temporary support or hard to find expertise for timely 35
processing of residential housing permit applications. The plan shall 36
include consideration of how local governments can be provided with 37
staff that have experience with providing substitute staff support or 38
p. 18 2SSB 5290.SL
that possess expertise in permitting policies and regulations in the 1
local government's geographic area or with jurisdictions of the local 2
government's size or population. The plan and a proposal for 3
implementation shall be presented to the legislature by December 1, 4
2023.5
NEW SECTION. Sec. 13. Section 7 of this act takes effect 6
January 1, 2025.7
Passed by the Senate April 17, 2023.
Passed by the House April 10, 2023.
Approved by the Governor May 8, 2023.
Filed in Office of Secretary of State May 10, 2023.
--- END ---
p. 19 2SSB 5290.SL
CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1293
Chapter 333, Laws of 2023
68th Legislature
2023 Regular Session
GROWTH MANAGEMENT ACT—DESIGN REVIEW
EFFECTIVE DATE: July 23, 2023
Passed by the House April 14, 2023
Yeas 95 Nays 1
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 11, 2023
Yeas 49 Nays 0
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SUBSTITUTE HOUSE BILL
1293 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved May 8, 2023 1:12 PM FILED
May 10, 2023
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to streamlining development regulations; amending 1
RCW 36.70B.160; and adding a new section to chapter 36.70A RCW.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
NEW SECTION. Sec. 1. A new section is added to chapter 36.70A 4
RCW to read as follows:5
(1) For purposes of this section, "design review" means a 6
formally adopted local government process by which projects are 7
reviewed for compliance with design standards for the type of use 8
adopted through local ordinance.9
(2) Except as provided in subsection (3) of this section, 10
counties and cities planning under RCW 36.70A.040 may apply in any 11
design review process only clear and objective development 12
regulations governing the exterior design of new development. For 13
purposes of this section, a clear and objective development 14
regulation:15
(a) Must include one or more ascertainable guideline, standard, 16
or criterion by which an applicant can determine whether a given 17
building design is permissible under that development regulation; and18
(b) May not result in a reduction in density, height, bulk, or 19
scale below the generally applicable development regulations for a 20
development proposal in the applicable zone.21
ENGROSSED SUBSTITUTE HOUSE BILL 1293
AS AMENDED BY THE SENATE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By House Housing (originally sponsored by Representatives Klicker,
Leavitt, Barkis, Jacobsen, Waters, Chapman, Reed, and Graham)
READ FIRST TIME 02/09/23.
p. 1 ESHB 1293.SL
(3) The provisions of subsection (2) of this section do not apply 1
to development regulations that apply only to designated landmarks or 2
historic districts established under a local preservation ordinance.3
(4) Any design review process must be conducted concurrently, or 4
otherwise logically integrated, with the consolidated review and 5
decision process for project permits set forth in RCW 36.70B.120(3), 6
and no design review process may include more than one public 7
meeting.8
(5) A county or city must comply with the requirements of this 9
section beginning six months after its next periodic comprehensive 10
plan update required under RCW 36.70A.130.11
Sec. 2. RCW 36.70B.160 and 1995 c 347 s 420 are each amended to 12
read as follows:13
(1) Each local government is encouraged to adopt further project 14
review provisions to provide prompt, coordinated, and objective 15
review and ensure accountability to applicants and the public, 16
including expedited review for project permit applications for 17
projects that are consistent with adopted development regulations or 18
that include dwelling units that are affordable to low-income or 19
moderate-income households and within the capacity of systemwide 20
infrastructure improvements.21
(2) Nothing in this chapter is intended or shall be construed to 22
prevent a local government from requiring a preapplication conference 23
or a public meeting by rule, ordinance, or resolution, where 24
otherwise required by applicable state law.25
(3) Each local government shall adopt procedures to monitor and 26
enforce permit decisions and conditions.27
(4) Nothing in this chapter modifies any independent statutory 28
authority for a government agency to appeal a project permit issued 29
by a local government.30
(5) For the purposes of this section:31
(a) A dwelling unit is affordable if it requires payment of 32
monthly housing costs, including utilities other than telephone, of 33
no more than 30 percent of the family's income.34
(b) "Dwelling unit" means a residential living unit that provides 35
complete independent living facilities for one or more persons and 36
that includes permanent provisions for living, sleeping, eating, 37
cooking, and sanitation, and that is sold or rented separately from 38
other dwelling units.39
p. 2 ESHB 1293.SL
(c) "Low-income household" means a single person, family, or 1
unrelated persons living together whose adjusted income is less than 2
80 percent of the median family income, adjusted for household size, 3
for the county where the household is located, as reported by the 4
United States department of housing and urban development, or less 5
than 80 percent of the city's median income if the project is located 6
in the city, the city has median income of more than 20 percent above 7
the county median income, and the city has adopted an alternative 8
local median income.9
(d) "Moderate-income household" means a single person, family, or 10
unrelated persons living together whose adjusted income is at or 11
below 120 percent of the median household income, adjusted for 12
household size, for the county where the household is located, as 13
reported by the United States department of housing and urban 14
development, or less than 120 percent of the city's median income if 15
the project is located in the city, the city has median income of 16
more than 20 percent above the county median income, and the city has 17
adopted an alternative local median income.18
Passed by the House April 14, 2023.
Passed by the Senate April 11, 2023.
Approved by the Governor May 8, 2023.
Filed in Office of Secretary of State May 10, 2023.
--- END ---
p. 3 ESHB 1293.SL
CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 1998
Chapter 180, Laws of 2024
68th Legislature
2024 Regular Session
CO-LIVING HOUSING
EFFECTIVE DATE: June 6, 2024
Passed by the House March 4, 2024
Yeas 97 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate February 22,
2024
Yeas 44 Nays 4
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SUBSTITUTE HOUSE BILL
1998 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved March 19, 2024 9:46 AM FILED
March 19, 2024
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to legalizing inexpensive housing choices through 1
co-living housing; adding a new section to chapter 36.70A RCW; and 2
creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. (1) The legislature makes the following 5
findings:6
(a) Washington state is experiencing a housing affordability 7
crisis;8
(b) Co-living housing is a type of housing that can provide 9
rental homes affordable to people with moderate to low incomes 10
without requiring any public funding, and rents in newly constructed, 11
market-rate co-living housing in the Puget Sound region can be 12
affordable to people with incomes as low as 50 percent of area median 13
income;14
(c) Co-living housing is a residential development with sleeping 15
units that are independently rented and provide living and sleeping 16
space, in which residents share kitchen facilities with residents of 17
other units in the building;18
(d) Co-living housing historically provided a healthy inventory 19
of rental homes on the lowest rung of the private housing market, 20
comprising up to 10 percent of housing in some cities;21
ENGROSSED SUBSTITUTE HOUSE BILL 1998
AS AMENDED BY THE SENATE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Housing (originally sponsored by Representatives Gregerson,
Barkis, Leavitt, Rule, Ryu, Reed, Morgan, Fitzgibbon, Berry, Duerr,
Bronoske, Ramos, Ramel, Bateman, Peterson, Chambers, Taylor, Simmons,
Ormsby, Graham, Callan, Macri, Donaghy, Doglio, Mena, Nance,
Riccelli, Cortes, Santos, Pollet, and Davis)
READ FIRST TIME 01/15/24.
p. 1 ESHB 1998.SL
(e) Starting in the mid-20th century, local governments began 1
adopting restrictive zoning and other rules that increasingly 2
prohibited co-living housing, or made it impractical to build or 3
operate, and its numbers plummeted;4
(f) Today, many cities and counties outright prohibit co-living 5
housing on most of their residential land, or they enforce any number 6
of restrictions that make it effectively impossible to build new co-7
living housing or to convert existing buildings into co-living 8
housing;9
(g) Co-living housing provides options for people who:10
(i) Wish to lower their housing expenses by paying less for a 11
smaller home;12
(ii) Prefer a living arrangement with shared community spaces 13
that facilitate social connections;14
(iii) Wish to trade off location for space and, by living in a 15
small home, also get to live in a high opportunity neighborhood they 16
could not otherwise afford; or17
(iv) Want a low-cost, more private alternative to having a 18
roommate in a traditional rental;19
(h) Many communities throughout Washington face a severe shortage 20
of workforce housing, and co-living housing provides housing 21
affordable to that income range and below, without public funding;22
(i) Co-living housing reduces pressure on the limited amount of 23
publicly funded affordable housing by providing housing that is 24
affordable to lower income residents who might otherwise wait years 25
for subsidized housing;26
(j) Co-living housing works best for single-person households, 27
but the housing for singles that it provides reduces demand for 28
family-sized rentals from singles who would otherwise group together 29
to rent large homes;30
(k) Co-living housing provides a good option for seniors, 31
especially those who want to downsize, or those who desire a living 32
arrangement that is more social than a standard apartment. When 33
located in walkable neighborhoods, co-living housing gives mobility 34
options to seniors who can no longer drive;35
(l) Co-living housing is well-suited for the conversion of office 36
buildings to housing, because it typically requires less plumbing and 37
fixtures for kitchens and bathrooms;38
p. 2 ESHB 1998.SL
(m) Co-living housing is well-suited for very low-income people, 1
supportive and recovery housing, and "housing first" homes for the 2
formerly homeless;3
(n) State building codes have established minimum sizes and other 4
standards to ensure that co-living housing meets modern health and 5
safety standards;6
(o) Creating co-living housing near transit hubs, employment 7
centers, and public amenities can help the state achieve its 8
greenhouse gas reduction goals by increasing walkability, shortening 9
household commutes, curtailing sprawl, and reducing the pressure to 10
develop natural and working lands; and11
(p) Co-living housing, because the units are small, is inherently 12
more energy efficient than standard apartments, both saving residents 13
money and reducing the state's energy demand.14
(2) Therefore, the legislature intends to allow the creation of 15
co-living housing as a means to address the need for additional 16
affordable housing options for a diversity of Washington residents.17
NEW SECTION. Sec. 2. A new section is added to chapter 36.70A 18
RCW to read as follows:19
(1) Cities and counties planning under this chapter must allow 20
co-living housing as a permitted use on any lot located within an 21
urban growth area that allows at least six multifamily residential 22
units, including on a lot zoned for mixed use development.23
(2) A city or county subject to the provisions of this section 24
may not require co-living housing to:25
(a) Contain room dimensional standards larger than that required 26
by the state building code, including dwelling unit size, sleeping 27
unit size, room area, and habitable space;28
(b) Provide a mix of unit sizes or number of bedrooms; or29
(c) Include other uses.30
(3)(a) A city or county subject to the provisions of this section 31
also may not require co-living housing to:32
(i) Provide off-street parking within one-half mile walking 33
distance of a major transit stop; or34
(ii) Provide more than 0.25 off-street parking spaces per 35
sleeping unit.36
(b) The provisions of (a) of this subsection do not apply:37
(i) If a city or county submits to the department an empirical 38
study prepared by a credentialed transportation or land use planning 39
p. 3 ESHB 1998.SL
expert that clearly demonstrates, and the department finds and 1
certifies, that the application of the parking limitations of (a) of 2
this subsection will be significantly less safe for vehicle drivers 3
or passengers, pedestrians, or bicyclists than if the jurisdiction's 4
parking requirements were applied to the same location. The 5
department must develop guidance to assist cities and counties on 6
items to include in the study; or7
(ii) To portions of cities within a one-mile radius of a 8
commercial airport in Washington with at least 9,000,000 annual 9
enplanements.10
(4) A city or county may not require through development 11
regulations any standards for co-living housing that are more 12
restrictive than those that are required for other types of 13
multifamily residential uses in the same zone.14
(5) A city or county may only require a review, notice, or public 15
meeting for co-living housing that is required for other types of 16
residential uses in the same location, unless otherwise required by 17
state law including, but not limited to, shoreline regulations under 18
chapter 90.58 RCW.19
(6) A city or county may not exclude co-living housing from 20
participating in affordable housing incentive programs under RCW 21
36.70A.540.22
(7) A city or county may not treat a sleeping unit in co-living 23
housing as more than one-quarter of a dwelling unit for purposes of 24
calculating dwelling unit density.25
(8) A city or county may not treat a sleeping unit in co-living 26
housing as more than one-half of a dwelling unit for purposes of 27
calculating fees for sewer connections, unless the city or county 28
makes a finding, based on facts, that the connection fees should 29
exceed the one-half threshold.30
(9)(a) A city or county subject to the requirements of this 31
section must adopt or amend by ordinance and incorporate into their 32
development regulations, zoning regulations, and other official 33
controls the requirements of this section to take effect no later 34
than December 31, 2025.35
(b) In any city or county that has not adopted or amended 36
ordinances, regulations, or other official controls as required under 37
this section, the requirements of this section supersede, preempt, 38
and invalidate any conflicting local development regulations.39
p. 4 ESHB 1998.SL
(10) Any action taken by a city or county to comply with the 1
requirements of this section is not subject to legal challenge under 2
this chapter or chapter 43.21C RCW.3
(11) For the purposes of this section, the following definitions 4
apply:5
(a) "Co-living housing" means a residential development with 6
sleeping units that are independently rented and lockable and provide 7
living and sleeping space, and residents share kitchen facilities 8
with other sleeping units in the building. Local governments may use 9
other names to refer to co-living housing including, but not limited 10
to, congregate living facilities, single room occupancy, rooming 11
house, boarding house, lodging house, and residential suites.12
(b) "Major transit stop" means:13
(i) A stop on a high capacity transportation system funded or 14
expanded under the provisions of chapter 81.104 RCW;15
(ii) Commuter rail stops;16
(iii) Stops on rail or fixed guideway systems, including 17
transitways;18
(iv) Stops on bus rapid transit routes or routes that run on high 19
occupancy vehicle lanes; or20
(v) Stops for a bus or other transit mode providing actual fixed 21
route service at intervals of at least 15 minutes for at least five 22
hours during the peak hours of operation on weekdays.23
Passed by the House March 4, 2024.
Passed by the Senate February 22, 2024.
Approved by the Governor March 19, 2024.
Filed in Office of Secretary of State March 19, 2024.
--- END ---
p. 5 ESHB 1998.SL
CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE HOUSE BILL 2321
Chapter 152, Laws of 2024
68th Legislature
2024 Regular Session
MINIMUM RESIDENTIAL DENSITY—MIDDLE HOUSING—VARIOUS PROVISIONS
EFFECTIVE DATE: June 6, 2024
Passed by the House March 4, 2024
Yeas 93 Nays 4
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate February 27,
2024
Yeas 30 Nays 18
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
ENGROSSED SUBSTITUTE HOUSE BILL
2321 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved March 18, 2024 3:19 PM FILED
March 19, 2024
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to modifying middle housing requirements and the 1
definitions of transit stop; amending RCW 36.70A.635; and reenacting 2
and amending RCW 36.70A.030.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 36.70A.030 and 2023 c 332 s 2 and 2023 c 228 s 14 5
are each reenacted and amended to read as follows:6
Unless the context clearly requires otherwise, the definitions in 7
this section apply throughout this chapter.8
(1) "Active transportation" means forms of pedestrian mobility 9
including walking or running, the use of a mobility assistive device 10
such as a wheelchair, bicycling and cycling irrespective of the 11
number of wheels, and the use of small personal devices such as foot 12
scooters or skateboards. Active transportation includes both 13
traditional and electric assist bicycles and other devices. Planning 14
for active transportation must consider and address accommodation 15
pursuant to the Americans with disabilities act and the distinct 16
needs of each form of active transportation.17
(2) "Active transportation facilities" means facilities provided 18
for the safety and mobility of active transportation users including, 19
but not limited to, trails, as defined in RCW 47.30.005, sidewalks, 20
ENGROSSED SUBSTITUTE HOUSE BILL 2321
AS AMENDED BY THE SENATE
Passed Legislature - 2024 Regular Session
State of Washington 68th Legislature 2024 Regular Session
By House Housing (originally sponsored by Representatives Bateman,
Barkis, Duerr, Reed, and Pollet)
READ FIRST TIME 01/26/24.
p. 1 ESHB 2321.SL
bike lanes, shared-use paths, and other facilities in the public 1
right-of-way.2
(3) "Administrative design review" means a development permit 3
process whereby an application is reviewed, approved, or denied by 4
the planning director or the planning director's designee based 5
solely on objective design and development standards without a public 6
predecision hearing, unless such review is otherwise required by 7
state or federal law, or the structure is a designated landmark or 8
historic district established under a local preservation ordinance. A 9
city may utilize public meetings, hearings, or voluntary review 10
boards to consider, recommend, or approve requests for variances from 11
locally established design review standards.12
(4) "Adopt a comprehensive land use plan" means to enact a new 13
comprehensive land use plan or to update an existing comprehensive 14
land use plan.15
(5) "Affordable housing" means, unless the context clearly 16
indicates otherwise, residential housing whose monthly costs, 17
including utilities other than telephone, do not exceed thirty 18
percent of the monthly income of a household whose income is:19
(a) For rental housing, 60 percent of the median household income 20
adjusted for household size, for the county where the household is 21
located, as reported by the United States department of housing and 22
urban development; or23
(b) For owner-occupied housing, 80 percent of the median 24
household income adjusted for household size, for the county where 25
the household is located, as reported by the United States department 26
of housing and urban development.27
(6) "Agricultural land" means land primarily devoted to the 28
commercial production of horticultural, viticultural, floricultural, 29
dairy, apiary, vegetable, or animal products or of berries, grain, 30
hay, straw, turf, seed, Christmas trees not subject to the excise tax 31
imposed by RCW 84.33.100 through 84.33.140, finfish in upland 32
hatcheries, or livestock, and that has long-term commercial 33
significance for agricultural production.34
(7) "City" means any city or town, including a code city.35
(8) "Comprehensive land use plan," "comprehensive plan," or 36
"plan" means a generalized coordinated land use policy statement of 37
the governing body of a county or city that is adopted pursuant to 38
this chapter.39
p. 2 ESHB 2321.SL
(9) "Cottage housing" means residential units on a lot with a 1
common open space that either: (a) Is owned in common; or (b) has 2
units owned as condominium units with property owned in common and a 3
minimum of 20 percent of the lot size as open space.4
(10) "Courtyard apartments" means ((up to four)) attached 5
dwelling units arranged on two or three sides of a yard or court.6
(11) "Critical areas" include the following areas and ecosystems: 7
(a) Wetlands; (b) areas with a critical recharging effect on aquifers 8
used for potable water; (c) fish and wildlife habitat conservation 9
areas; (d) frequently flooded areas; and (e) geologically hazardous 10
areas. "Fish and wildlife habitat conservation areas" does not 11
include such artificial features or constructs as irrigation delivery 12
systems, irrigation infrastructure, irrigation canals, or drainage 13
ditches that lie within the boundaries of and are maintained by a 14
port district or an irrigation district or company.15
(12) "Department" means the department of commerce.16
(13) "Development regulations" or "regulation" means the controls 17
placed on development or land use activities by a county or city, 18
including, but not limited to, zoning ordinances, critical areas 19
ordinances, shoreline master programs, official controls, planned 20
unit development ordinances, subdivision ordinances, and binding site 21
plan ordinances together with any amendments thereto. A development 22
regulation does not include a decision to approve a project permit 23
application, as defined in RCW 36.70B.020, even though the decision 24
may be expressed in a resolution or ordinance of the legislative body 25
of the county or city.26
(14) "Emergency housing" means temporary indoor accommodations 27
for individuals or families who are homeless or at imminent risk of 28
becoming homeless that is intended to address the basic health, food, 29
clothing, and personal hygiene needs of individuals or families. 30
Emergency housing may or may not require occupants to enter into a 31
lease or an occupancy agreement.32
(15) "Emergency shelter" means a facility that provides a 33
temporary shelter for individuals or families who are currently 34
homeless. Emergency shelter may not require occupants to enter into a 35
lease or an occupancy agreement. Emergency shelter facilities may 36
include day and warming centers that do not provide overnight 37
accommodations.38
(16) "Environmental justice" means the fair treatment and 39
meaningful involvement of all people regardless of race, color, 40
p. 3 ESHB 2321.SL
national origin, or income with respect to development, 1
implementation, and enforcement of environmental laws, regulations, 2
and policies. Environmental justice includes addressing 3
disproportionate environmental and health impacts in all laws, rules, 4
and policies with environmental impacts by prioritizing vulnerable 5
populations and overburdened communities and the equitable 6
distribution of resources and benefits.7
(17) "Extremely low-income household" means a single person, 8
family, or unrelated persons living together whose adjusted income is 9
at or below thirty percent of the median household income adjusted 10
for household size, for the county where the household is located, as 11
reported by the United States department of housing and urban 12
development.13
(18) "Forestland" means land primarily devoted to growing trees 14
for long-term commercial timber production on land that can be 15
economically and practically managed for such production, including 16
Christmas trees subject to the excise tax imposed under RCW 84.33.100 17
through 84.33.140, and that has long-term commercial significance. In 18
determining whether forestland is primarily devoted to growing trees 19
for long-term commercial timber production on land that can be 20
economically and practically managed for such production, the 21
following factors shall be considered: (a) The proximity of the land 22
to urban, suburban, and rural settlements; (b) surrounding parcel 23
size and the compatibility and intensity of adjacent and nearby land 24
uses; (c) long-term local economic conditions that affect the ability 25
to manage for timber production; and (d) the availability of public 26
facilities and services conducive to conversion of forestland to 27
other uses.28
(19) "Freight rail dependent uses" means buildings and other 29
infrastructure that are used in the fabrication, processing, storage, 30
and transport of goods where the use is dependent on and makes use of 31
an adjacent short line railroad. Such facilities are both urban and 32
rural development for purposes of this chapter. "Freight rail 33
dependent uses" does not include buildings and other infrastructure 34
that are used in the fabrication, processing, storage, and transport 35
of coal, liquefied natural gas, or "crude oil" as defined in RCW 36
90.56.010.37
(20) "Geologically hazardous areas" means areas that because of 38
their susceptibility to erosion, sliding, earthquake, or other 39
geological events, are not suited to the siting of commercial, 40
p. 4 ESHB 2321.SL
residential, or industrial development consistent with public health 1
or safety concerns.2
(21) "Green infrastructure" means a wide array of natural assets 3
and built structures within an urban growth area boundary, including 4
parks and other areas with protected tree canopy, and management 5
practices at multiple scales that manage wet weather and that 6
maintain and restore natural hydrology by storing, infiltrating, 7
evapotranspiring, and harvesting and using stormwater.8
(22) "Green space" means an area of land, vegetated by natural 9
features such as grass, trees, or shrubs, within an urban context and 10
less than one acre in size that creates public value through one or 11
more of the following attributes:12
(a) Is accessible to the public;13
(b) Promotes physical and mental health of residents;14
(c) Provides relief from the urban heat island effects;15
(d) Promotes recreational and aesthetic values;16
(e) Protects streams or water supply; or17
(f) Preserves visual quality along highway, road, or street 18
corridors.19
(23) "Long-term commercial significance" includes the growing 20
capacity, productivity, and soil composition of the land for long-21
term commercial production, in consideration with the land's 22
proximity to population areas, and the possibility of more intense 23
uses of the land.24
(24) "Low-income household" means a single person, family, or 25
unrelated persons living together whose adjusted income is at or 26
below eighty percent of the median household income adjusted for 27
household size, for the county where the household is located, as 28
reported by the United States department of housing and urban 29
development.30
(25) "Major transit stop" means:31
(a) A stop on a high capacity transportation system funded or 32
expanded under the provisions of chapter 81.104 RCW;33
(b) Commuter rail stops;34
(c) Stops on rail or fixed guideway systems; or35
(d) Stops on bus rapid transit routes, including those stops that 36
are under construction.37
(26) "Middle housing" means buildings that are compatible in 38
scale, form, and character with single-family houses and contain two 39
or more attached, stacked, or clustered homes including duplexes, 40
p. 5 ESHB 2321.SL
triplexes, fourplexes, fiveplexes, sixplexes, townhouses, stacked 1
flats, courtyard apartments, and cottage housing.2
(27) "Minerals" include gravel, sand, and valuable metallic 3
substances.4
(28) "Moderate-income household" means a single person, family, 5
or unrelated persons living together whose adjusted income is at or 6
below 120 percent of the median household income adjusted for 7
household size, for the county where the household is located, as 8
reported by the United States department of housing and urban 9
development.10
(29) "Overburdened community" means a geographic area where 11
vulnerable populations face combined, multiple environmental harms 12
and health impacts, and includes, but is not limited to, highly 13
impacted communities as defined in RCW 19.405.020.14
(30) "Per capita vehicle miles traveled" means the number of 15
miles traveled using cars and light trucks in a calendar year divided 16
by the number of residents in Washington. The calculation of this 17
value excludes vehicle miles driven conveying freight.18
(31) "Permanent supportive housing" is subsidized, leased housing 19
with no limit on length of stay that prioritizes people who need 20
comprehensive support services to retain tenancy and utilizes 21
admissions practices designed to use lower barriers to entry than 22
would be typical for other subsidized or unsubsidized rental housing, 23
especially related to rental history, criminal history, and personal 24
behaviors. Permanent supportive housing is paired with on-site or 25
off-site voluntary services designed to support a person living with 26
a complex and disabling behavioral health or physical health 27
condition who was experiencing homelessness or was at imminent risk 28
of homelessness prior to moving into housing to retain their housing 29
and be a successful tenant in a housing arrangement, improve the 30
resident's health status, and connect the resident of the housing 31
with community-based health care, treatment, or employment services. 32
Permanent supportive housing is subject to all of the rights and 33
responsibilities defined in chapter 59.18 RCW.34
(32) "Public facilities" include streets, roads, highways, 35
sidewalks, street and road lighting systems, traffic signals, 36
domestic water systems, storm and sanitary sewer systems, parks and 37
recreational facilities, and schools.38
p. 6 ESHB 2321.SL
(33) "Public services" include fire protection and suppression, 1
law enforcement, public health, education, recreation, environmental 2
protection, and other governmental services.3
(34) "Recreational land" means land so designated under RCW 4
36.70A.1701 and that, immediately prior to this designation, was 5
designated as agricultural land of long-term commercial significance 6
under RCW 36.70A.170. Recreational land must have playing fields and 7
supporting facilities existing before July 1, 2004, for sports played 8
on grass playing fields.9
(35) "Rural character" refers to the patterns of land use and 10
development established by a county in the rural element of its 11
comprehensive plan:12
(a) In which open space, the natural landscape, and vegetation 13
predominate over the built environment;14
(b) That foster traditional rural lifestyles, rural-based 15
economies, and opportunities to both live and work in rural areas;16
(c) That provide visual landscapes that are traditionally found 17
in rural areas and communities;18
(d) That are compatible with the use of the land by wildlife and 19
for fish and wildlife habitat;20
(e) That reduce the inappropriate conversion of undeveloped land 21
into sprawling, low-density development;22
(f) That generally do not require the extension of urban 23
governmental services; and24
(g) That are consistent with the protection of natural surface 25
water flows and groundwater and surface water recharge and discharge 26
areas.27
(36) "Rural development" refers to development outside the urban 28
growth area and outside agricultural, forest, and mineral resource 29
lands designated pursuant to RCW 36.70A.170. Rural development can 30
consist of a variety of uses and residential densities, including 31
clustered residential development, at levels that are consistent with 32
the preservation of rural character and the requirements of the rural 33
element. Rural development does not refer to agriculture or forestry 34
activities that may be conducted in rural areas.35
(37) "Rural governmental services" or "rural services" include 36
those public services and public facilities historically and 37
typically delivered at an intensity usually found in rural areas, and 38
may include domestic water systems and fire and police protection 39
services associated with rural development and normally not 40
p. 7 ESHB 2321.SL
associated with urban areas. Rural services do not include storm or 1
sanitary sewers, except as otherwise authorized by RCW 36.70A.110(4).2
(38) "Short line railroad" means those railroad lines designated 3
class II or class III by the United States surface transportation 4
board.5
(39) "Single-family zones" means those zones where single-family 6
detached housing is the predominant land use.7
(40) "Stacked flat" means dwelling units in a residential 8
building of no more than three stories on a residential zoned lot in 9
which each floor may be separately rented or owned.10
(41) "Townhouses" means buildings that contain three or more 11
attached single-family dwelling units that extend from foundation to 12
roof and that have a yard or public way on not less than two sides.13
(42) "Transportation system" means all infrastructure and 14
services for all forms of transportation within a geographical area, 15
irrespective of the responsible jurisdiction or transportation 16
provider.17
(43) "Urban governmental services" or "urban services" include 18
those public services and public facilities at an intensity 19
historically and typically provided in cities, specifically including 20
storm and sanitary sewer systems, domestic water systems, street 21
cleaning services, fire and police protection services, public 22
transit services, and other public utilities associated with urban 23
areas and normally not associated with rural areas.24
(44) "Urban growth" refers to growth that makes intensive use of 25
land for the location of buildings, structures, and impermeable 26
surfaces to such a degree as to be incompatible with the primary use 27
of land for the production of food, other agricultural products, or 28
fiber, or the extraction of mineral resources, rural uses, rural 29
development, and natural resource lands designated pursuant to RCW 30
36.70A.170. A pattern of more intensive rural development, as 31
provided in RCW 36.70A.070(5)(d), is not urban growth. When allowed 32
to spread over wide areas, urban growth typically requires urban 33
governmental services. "Characterized by urban growth" refers to land 34
having urban growth located on it, or to land located in relationship 35
to an area with urban growth on it as to be appropriate for urban 36
growth.37
(45) "Urban growth areas" means those areas designated by a 38
county pursuant to RCW 36.70A.110.39
p. 8 ESHB 2321.SL
(46) "Very low-income household" means a single person, family, 1
or unrelated persons living together whose adjusted income is at or 2
below fifty percent of the median household income adjusted for 3
household size, for the county where the household is located, as 4
reported by the United States department of housing and urban 5
development.6
(47)(a) "Vulnerable populations" means population groups that are 7
more likely to be at higher risk for poor health outcomes in response 8
to environmental harms, due to: (i) Adverse socioeconomic factors, 9
such as unemployment, high housing and transportation costs relative 10
to income, limited access to nutritious food and adequate health 11
care, linguistic isolation, and other factors that negatively affect 12
health outcomes and increase vulnerability to the effects of 13
environmental harms; and (ii) sensitivity factors, such as low birth 14
weight and higher rates of hospitalization.15
(b) "Vulnerable populations" includes, but is not limited to:16
(i) Racial or ethnic minorities;17
(ii) Low-income populations; and18
(iii) Populations disproportionately impacted by environmental 19
harms.20
(48) "Wetland" or "wetlands" means areas that are inundated or 21
saturated by surface water or groundwater at a frequency and duration 22
sufficient to support, and that under normal circumstances do 23
support, a prevalence of vegetation typically adapted for life in 24
saturated soil conditions. Wetlands generally include swamps, 25
marshes, bogs, and similar areas. Wetlands do not include those 26
artificial wetlands intentionally created from nonwetland sites, 27
including, but not limited to, irrigation and drainage ditches, 28
grass-lined swales, canals, detention facilities, wastewater 29
treatment facilities, farm ponds, and landscape amenities, or those 30
wetlands created after July 1, 1990, that were unintentionally 31
created as a result of the construction of a road, street, or 32
highway. Wetlands may include those artificial wetlands intentionally 33
created from nonwetland areas created to mitigate conversion of 34
wetlands.35
(49) "Wildland urban interface" means the geographical area where 36
structures and other human development meets or intermingles with 37
wildland vegetative fuels.38
p. 9 ESHB 2321.SL
Sec. 2. RCW 36.70A.635 and 2023 c 332 s 3 are each amended to 1
read as follows:2
(1) Except as provided in subsection (4) of this section, any 3
city that is required or chooses to plan under RCW 36.70A.040 must 4
provide by ordinance and incorporate into its development 5
regulations, zoning regulations, and other official controls, 6
authorization for the following:7
(a) For cities with a population of at least 25,000 but less than 8
75,000 based on office of financial management population estimates:9
(i) The development of at least two units per lot on all lots 10
zoned predominantly for residential use, unless zoning permitting 11
higher densities or intensities applies;12
(ii) The development of at least four units per lot on all lots 13
zoned predominantly for residential use, unless zoning permitting 14
higher densities or intensities applies, within one-quarter mile 15
walking distance of a major transit stop; and16
(iii) The development of at least four units per lot on all lots 17
zoned predominantly for residential use, unless zoning permitting 18
higher densities or intensities applies, if at least one unit is 19
affordable housing.20
(b) For cities with a population of at least 75,000 based on 21
office of financial management population estimates:22
(i) The development of at least four units per lot on all lots 23
zoned predominantly for residential use, unless zoning permitting 24
higher densities or intensities applies;25
(ii) The development of at least six units per lot on all lots 26
zoned predominantly for residential use, unless zoning permitting 27
higher densities or intensities applies, within one-quarter mile 28
walking distance of a major transit stop; and29
(iii) The development of at least six units per lot on all lots 30
zoned predominantly for residential use, unless zoning permitting 31
higher densities or intensities applies, if at least two units are 32
affordable housing.33
(c) For cities with a population of less than 25,000, that are 34
within a contiguous urban growth area with the largest city in a 35
county with a population of more than 275,000, based on office of 36
financial management population estimates the development of at least 37
two units per lot on all lots zoned predominantly for residential 38
use, unless zoning permitting higher densities or intensities 39
applies.40
p. 10 ESHB 2321.SL
(2)(a) To qualify for the additional units allowed under 1
subsection (1) of this section, the applicant must commit to renting 2
or selling the required number of units as affordable housing. The 3
units must be maintained as affordable for a term of at least 50 4
years, and the property must satisfy that commitment and all required 5
affordability and income eligibility conditions adopted by the local 6
government under this chapter. A city must require the applicant to 7
record a covenant or deed restriction that ensures the continuing 8
rental of units subject to these affordability requirements 9
consistent with the conditions in chapter 84.14 RCW for a period of 10
no less than 50 years. The covenant or deed restriction must also 11
address criteria and policies to maintain public benefit if the 12
property is converted to a use other than which continues to provide 13
for permanently affordable housing.14
(b) The units dedicated as affordable must be provided in a range 15
of sizes comparable to other units in the development. To the extent 16
practicable, the number of bedrooms in affordable units must be in 17
the same proportion as the number of bedrooms in units within the 18
entire development. The affordable units must generally be 19
distributed throughout the development and have substantially the 20
same functionality as the other units in the development.21
(c) If a city has enacted a program under RCW 36.70A.540, the 22
terms of that program govern to the extent they vary from the 23
requirements of this subsection.24
(3) If a city has enacted a program under RCW 36.70A.540, 25
subsection (1) of this section does not preclude the city from 26
requiring any development, including development described in 27
subsection (1) of this section, to provide affordable housing, either 28
on-site or through an in-lieu payment, nor limit the city's ability 29
to expand such a program or modify its requirements.30
(4)(a) As an alternative to the density requirements in 31
subsection (1) of this section, a city may implement the density 32
requirements in subsection (1) of this section for at least 75 33
percent of lots in the city that are primarily dedicated to single-34
family detached housing units.35
(b) The 25 percent of lots for which the requirements of 36
subsection (1) of this section are not implemented must include but 37
are not limited to:38
p. 11 ESHB 2321.SL
(i) Any areas within the city for which the department has 1
certified an extension of the implementation timelines under RCW 2
36.70A.637 due to the risk of displacement;3
(ii) Any areas within the city for which the department has 4
certified an extension of the implementation timelines under RCW 5
36.70A.638 due to a lack of infrastructure capacity;6
(iii) Any lots, parcels, and tracts designated with critical 7
areas or their buffers that are exempt from the density requirements 8
as provided in subsection (8) of this section;9
(iv) Any portion of a city within a one-mile radius of a 10
commercial airport with at least 9,000,000 annual enplanements that 11
is exempt from the parking requirements under subsection (7)(b) of 12
this section; and13
(v) Any areas subject to sea level rise, increased flooding, 14
susceptible to wildfires, or geological hazards over the next 100 15
years.16
(c) Unless identified as at higher risk of displacement under RCW 17
36.70A.070(2)(g), the 25 percent of lots for which the requirements 18
of subsection (1) of this section are not implemented may not 19
include:20
(i) Any areas for which the exclusion would further racially 21
disparate impacts or result in zoning with a discriminatory effect;22
(ii) Any areas within one-half mile walking distance of a major 23
transit stop; or24
(iii) Any areas historically covered by a covenant or deed 25
restriction excluding racial minorities from owning property or 26
living in the area, as known to the city at the time of each 27
comprehensive plan update.28
(5) A city subject to the requirements of subsection (1)(a) or 29
(b) of this section must allow at least six of the nine types of 30
middle housing to achieve the unit density required in subsection (1) 31
of this section. A city may allow accessory dwelling units to achieve 32
the unit density required in subsection (1) of this section. Cities 33
are not required to allow accessory dwelling units or middle housing 34
types beyond the density requirements in subsection (1) of this 35
section. A city must also allow zero lot line short subdivision where 36
the number of lots created is equal to the unit density required in 37
subsection (1) of this section.38
(6) Any city subject to the requirements of this section:39
p. 12 ESHB 2321.SL
(a) If applying design review for middle housing, only 1
administrative design review shall be required;2
(b) Except as provided in (a) of this subsection, shall not 3
require through development regulations any standards for middle 4
housing that are more restrictive than those required for detached 5
single-family residences, but may apply any objective development 6
regulations that are required for detached single-family residences, 7
including, but not limited to, set-back, lot coverage, stormwater, 8
clearing, and tree canopy and retention requirements ((to ensure 9
compliance with existing ordinances intended to protect critical 10
areas and public health and safety));11
(c) Shall apply to middle housing the same development permit and 12
environmental review processes that apply to detached single-family 13
residences, unless otherwise required by state law including, but not 14
limited to, shoreline regulations under chapter 90.58 RCW, building 15
codes under chapter 19.27 RCW, energy codes under chapter 19.27A RCW, 16
or electrical codes under chapter 19.28 RCW;17
(d) Shall not require off-street parking as a condition of 18
permitting development of middle housing within one-half mile walking 19
distance of a major transit stop;20
(e) Shall not require more than one off-street parking space per 21
unit as a condition of permitting development of middle housing on 22
lots ((smaller than)) no greater than 6,000 square feet before any 23
zero lot line subdivisions or lot splits;24
(f) Shall not require more than two off-street parking spaces per 25
unit as a condition of permitting development of middle housing on 26
lots greater than 6,000 square feet before any zero lot line 27
subdivisions or lot splits; and28
(g) Are not required to achieve the per unit density under 29
chapter 332, Laws of 2023 on lots after subdivision below 1,000 30
square feet unless the city chooses to enact smaller allowable lot 31
sizes.32
(7) The provisions of subsection (6)(d) through (f) of this 33
section do not apply:34
(a) If a local government submits to the department an empirical 35
study prepared by a credentialed transportation or land use planning 36
expert that clearly demonstrates, and the department finds and 37
certifies, that the application of the parking limitations of 38
subsection (6)(d) through (f) of this section for middle housing will 39
be significantly less safe for vehicle drivers or passengers, 40
p. 13 ESHB 2321.SL
pedestrians, or bicyclists than if the jurisdiction's parking 1
requirements were applied to the same location for the same number of 2
detached houses. The department must develop guidance to assist 3
cities on items to include in the study; or4
(b) To portions of cities within a one-mile radius of a 5
commercial airport in Washington with at least 9,000,000 annual 6
enplanements.7
(8) The provisions of this section do not apply to:8
(a) ((Lots)) Portions of a lot, parcel, or tract designated with 9
critical areas designated under RCW 36.70A.170 or their buffers as 10
required by RCW 36.70A.170, except for critical aquifer recharge 11
areas where a single-family detached house is an allowed use provided 12
that any requirements to maintain aquifer recharge are met;13
(b) Areas designated as sole-source aquifers by the United States 14
environmental protection agency on islands in the Puget Sound;15
(c) A watershed serving a reservoir for potable water if that 16
watershed is or was listed, as of July 23, 2023, as impaired or 17
threatened under section 303(d) of the federal clean water act (33 18
U.S.C. Sec. 1313(d)); ((or19
(c))) (d) Lots that have been designated urban separators by 20
countywide planning policies as of July 23, 2023; or21
(e) A lot that was created through the splitting of a single 22
residential lot.23
(9) Nothing in this section prohibits a city from permitting 24
detached single-family residences.25
(10) Nothing in this section requires a city to issue a building 26
permit if other federal, state, and local requirements for a building 27
permit are not met.28
(11) A city must comply with the requirements of this section on 29
the latter of:30
(a) Six months after its next periodic comprehensive plan update 31
required under RCW 36.70A.130 if the city meets the population 32
threshold based on the 2020 office of financial management population 33
data; or34
(b) 12 months after their next implementation progress report 35
required under RCW 36.70A.130 after a determination by the office of 36
financial management that the city has reached a population threshold 37
established under this section.38
(12) A city complying with this section and not granted a 39
timeline extension under RCW 36.70A.638 does not have to update its 40
p. 14 ESHB 2321.SL
capital facilities plan element required by RCW 36.70A.070(3) to 1
accommodate the increased housing required by chapter 332, Laws of 2
2023 until the first periodic comprehensive plan update required for 3
the city under RCW 36.70A.130(5) that occurs on or after June 30, 4
2034.5
(13) Until June 30, 2026, for cities subject to a growth target 6
adopted under RCW 36.70A.210 that limit the maximum residential 7
capacity of the jurisdiction, any additional residential capacity 8
required by this section for lots, parcels, and tracts with critical 9
areas or critical area buffers outside of critical areas or their 10
buffers may not be considered an inconsistency with the countywide 11
planning policies, multicounty planning policies, or growth targets 12
adopted under RCW 36.70A.210.13
Passed by the House March 4, 2024.
Passed by the Senate February 27, 2024.
Approved by the Governor March 18, 2024.
Filed in Office of Secretary of State March 19, 2024.
--- END ---
p. 15 ESHB 2321.SL
City of Arlington Council Agenda Bill Item: CA #7 Attachment H COUNCIL MEETING DATE: June 17, 2024 SUBJECT: Ordinance Approving Amendment to AMC Chapter 20.76 Screening and Trees ATTACHMENTS: Ordinance, Staff Report, and Supporting Documents DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: chapter of the code. The city updated code language to ensure the retention, protection, and replacement of existing street trees, along with minor updates to the screening requirement table and grammatical corrections.
HISTORY: The AMC Chapter 20.76 Zoning Code Amendments were proposed with the 2024 Docket. The proposed zoning code amendments are requirements. ALTERNATIVES: Remand to staff for additional information.
I move to approve the ordinance amending AMC Chapter 20.76 and authorize the Mayor to sign the ordinance.
ORDINANCE NO. 2024-XXX 1
ORDINANCE NO. 2024-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING CHAPTER 20.76
OF THE ARLINGTON MUNICIPAL CODE REGARDING SCREENING AND TREES
UNDER CITY PLANNING NO. PLN 1178
WHEREAS, the city has proposed an update to the Screening and Trees regulations; and
WHEREAS, the Arlington Planning Commission considered the revisions at docketing
meetings on February 6, 2024 and February 22, 2024, and then on May 7, 2024 and at a public
hearing conducted on May 21, 2024; 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 revisions at docketing meetings on March 11,
2024 and March 18, 2024; and
WHEREAS, the City Council considered the same at a workshop held on June 10, 2024,
their regular meeting on June 17, 2024, 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 1. Arlington Municipal Code section 20.76 shall be amended as shown in
Exhibit A attached to this ordinance:
Section 2. 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 3. 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.
ORDINANCE NO. 2024-XXX 2
PASSED by the City Council of the City of Arlington and APPROVED by the Ma yor
this 17th day of June, 2024.
CITY OF ARLINGTON
___________________________________
Don E. Vanney, Mayor
ATTEST:
___________________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
Staff Report & Recommendation
AMC Chapter 20.76 Zoning Code Amendment – PLN#1178
Page 1 of 3
CITY COUNCIL STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Meeting Date: June 10, 2024
Date Prepared: June 4, 2024
Regarding: 2024 AMC Chapter 20.76 Zoning Code Amendment – PLN#1178
A. INTRODUCTION The AMC Chapter 20.76 – Screening and Trees Zoning Code Amendments is a City-initiated amendment to the Arlington Municipal code that includes updates to the street trees section of code with minor updates throughout the chapter.
GENERAL INFORMATION
Applicant: City of Arlington
Project Description: 2024 AMC Chapter 20.76 Zoning Code Amendment
Requested Action: City Council Approval
B. DETAILED PROJECT INFORMATION The 2024 AMC Chapter 20.76 Zoning Code Amendment includes updates to the Screening and Trees code chapter. The city updated code language to ensure the retention, protection, and replacement of existing street trees, along with minor updates to the screening requirement table and grammatical corrections.
C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE:
Type of Determination Issued Date Distribution and Public Notice
SEPA Determination on Non-Significance (DNS) 4/22/2024 City Public Notice Website Emailed to Review Agencies Posted at City Hall, Arlington Library, Smokey Point Post Office The Herald Published Date – 4/23/2024 Comment Period – 4/23/2024 to 5/7/2024
Planning Division 18204 59th Avenue NE, Arlington, WA 98223
Staff Report & Recommendation
AMC Chapter 20.76 Zoning Code Amendment – PLN#1178
Page 2 of 3
Public comments received during the public comment period.
Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT:
Public Notice and
Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations 2/06/2024, 2/22/2024, 5/7/2024, 5/21/2024 Planning Commission Agenda Online Planning Commission Email Distribution List
Washington State Department of Commerce (RCW 36.70A.106) N/A Date Sent for 60-Day Review – 3/22/2024 Deadline for 60-Day Review – 5/21/2024
Planning Commission Public Hearing 5/21/2024 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 4/23/2024 City Council Public Meeting Presentations
Workshop: 6/10/2024 Meeting: 6/17/2024 City Council Agenda Online City Council Email Distribution List
3. COMPREHENSIVE PLAN COMPLIANCE:
Goal Goal Description Summary GO – 1 Ensure City Goals and Policies are consistent with the Growth Management Act.
GO – 2 Continue to provide effective stewardship over the natural and built environments within the City, ensuring harmony between both environments through application of best practice techniques. GO – 3 Work towards promoting and maintaining an urban environment within the City that enhances livability for its residents. GL – 2 Preserve and promote a safe, clean and aesthetically pleasing living environment. GL – 19 Require site-sensitive development to protect environmental resources. GP – 8 Remain a Tree City
Staff Report & Recommendation
AMC Chapter 20.76 Zoning Code Amendment – PLN#1178
Page 3 of 3
4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS
Regulation Meets (a) Amendments to the text of this title may be made in accordance with the provisions of this chapter. has followed the provision of Chapter 20.96 by being processed through the 2024 Docket as a Development Regulation Amendment. Development Regulations. (a) All proposed text amendments to the development or zoning regulations shall be developed, submitted, and presented by the city staff, based on direction from the city council, planning commission, or the director of community and economic development.
process. The City Council approved the 2024 Final Docket through Resolution 2024-008.
Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s development regulations at least sixty days in advance of adoption, as required by RCW 36.70A.106.
Department of Commerce on March 22, 2024 for the standard 60-day review.
Regulation Amendments. (a) An open record public hearing shall be held before the planning commission for all amendments. (c) The city shall give public notice of all public hearings as required by section 20.24.020.
hearing at the May 21, 2024 Planning Commission Meeting. The public noticing is described under Section 2 above.
Development Regulation Amendments. The planning commission shall issue a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision of denial, which decision shall be forwarded to the city council for review and decision.
Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting.
Development Regulation Amendments. The city council’s approval, modification, deferral, or denial of a development regulations amendment proposal shall be based on the following criteria: (1) The proposed amendment is consistent with the goals, objectives, and policies of the Comprehensive Plan, the Multi-County Planning Policies, County Planning Policies, and the Growth Management Act, RCW Chapter 36.70A; and (2) The proposed change is necessary to further the public interest based on present needs and
provided by staff and considers the goals and objectives of the Comprehensive Plan, County Planning Policies, the Growth Management Act, and RCW Chapter 36.70A, along with the overall public interest prior to considering a decision.
(d) RECOMMENDATION Staff recommends that Arlington City Council approve the 2024 AMC Chapter 20.76 Zoning Code Amendment, PLN#1178.
Title 20—Land Use Code Chapter 20.76: Screening and Trees
City of Arlington 20.76 - 1 Revised October 2022June 2024
Chapter 20.76
SCREENING AND TREES
Sections:
Part I. Screening
20.76.010 Council Findings Concerning the Need for Screening Requirements.
20.76.020 General Screening Standard.
20.76.030 Compliance With Screening Standard.
20.76.040 Descriptions of Screens.
20.76.050 Table of Screening Requirements.
20.76.060 Flexibility in Administration Required.
20.76.070 Combination Uses
20.76.080 Subdivisions.
20.76.090 Special Screening Requirements.
Part II. Shading
20.76.100 Council Findings and Declarations of Policy on Shade Trees.
20.76.110 Required Trees Along Dedicated Streets.
20.76.112 Protection of Street Trees.
20.76.120 Retention and Protection of Significant Trees.
20.76.124 Shade Trees on Lots.
20.76.130 Shade Trees in Parking Areas.
Part III. Maintenance
20.76.140 Maintenance of Screening and Shading Elements.
Part I. Screening
20.76.010 Council Findings Concerning the Need for Screening Requirements.
(a) The council finds that:
1. Screening between two lots lessens the transmission from one lot to another of noise,
dust, and glare.
2. Screening can lessen the visual pollution that may otherwise occur within an urbanized
area. Even minimal screening can provide an impression of separation of spaces, and
more extensive screening can shield entirely one use from the visual assault of an
adjacent use.
3. Screening can establish a greater sense of privacy from visual or physical intrusion, the
degree of privacy varying with the intensity of the screening.
4. The provisions of this part are necessary to safeguard the public health, safety, and
welfare.
20.76.020 General Screening Standard.
(a) Every development shall provide sufficient screening so that:
1. Neighboring properties are shielded from any adverse external effects of that
development;
2. The development is shielded from the negative impacts of adjacent uses such as streets or
railroads.
Title 20—Land Use Code Chapter 20.76: Screening and Trees
City of Arlington 20.76 - 2 Revised October 2022June 2024
20.76.030 Compliance With Screening Standard.
(a) Except as modified per §20.76.090 (Special Screening Requirements), the table set forth in
§20.76.050 (Table of Screening Requirements), in conjunction with the explanations in
20.76.040 (Descriptions of Screens) concerning the types of screens, establishes screening
requirements that presumptively satisfy the general standards established in §20.76.020
(General Screening Standard). However, this table is only intended to establish a
presumption and should be flexibly administered in accordance with §20.76.060 (Flexibility
in Administration Required).
(b) The Table of Screening Requirements (§20.76.050) represent the allowed uses of the Tables
of Permissible Uses (§20.40), and the screening type letter designations refer to types of
screening as described in §20.76.040 (Descriptions of Screens). This table indicates the type
of screening that is presumptively required between two uses. Where such screening is
required, only the property under application for development is responsible for installing the
screening. The use assigned this responsibility is referred to as the burdened use in
§20.76.050 (Table of Screening Requirements), and the other use is the benefited use.
To determine the type of screening a proposed new development must install, find the
proposed use in the table to determine frontage landscaping and side/rear property lines.
(c) If, when the analysis described in Subdivision (b) is performed, the burdened use is an
existing use but the required screening is not in place, then this lack of screening shall
constitute a nonconforming situation, subject to all the provisions of Chapter 20.32
(Nonconforming Situations) of this Title.
(d) Notwithstanding any other provision of this chapter, a multi-family development shall be
required, at the time of construction, to install any screening that is required between it and
adjacent existing uses according to the table set forth in §20.76.050 (Table of Screening
Requirements).
(e) Developments in the Old Town Business Districts 1, 2, and 3 shall be exempt from the
screening requirements of §20.76.050 (Table of Screening Requirements) pertaining to
screening along streets where the buildings abut the sidewalk.
(f) Developments in the Old Town Residential District shall comply with the Old Town
Residential Design Standards.
20.76.040 Descriptions of Screens.
The following three basic types of screens are hereby established and are used as the basis for the
Table of Screening Requirements set forth in §20.76.050 (Table of Screening Requirements).
(a) Opaque Screen, Type A. A screen that is opaque from the ground to a height of at least six
feet, with intermittent visual obstructions from the opaque portion to a height of at least
twenty feet. The width shall be a minimum of five feet wide, but may be increased if, in the
opinion of the permit-issuing authority, it is needed to better insulate or isolate uses; and in
all cases be a minimum of ten feet along street frontages where required. An opaque screen is
intended to exclude all visual contact between uses and to create a strong impression of
spatial separation. The opaque screen may be composed of a wall, fence, landscaped earth
berm, native vegetation, drought-tolerant vegetation, vegetated LID facilities, or existing
vegetation. Compliance of vegetative screens or native vegetation will be judged based on
the average mature height and density of foliage of the subject species, or field observation of
existing vegetation. The opaque portion of the screen must be opaque in all seasons of the
year. At maturity, the portion of intermittent visual obstructions should not contain any
completely unobstructed openings more than ten feet wide. The portion of intermittent visual
Title 20—Land Use Code Chapter 20.76: Screening and Trees
City of Arlington 20.76 - 3 Revised October 2022June 2024
obstructions may contain deciduous plants. Suggested planting patterns that will achieve this
standard are included in the development design standards and the department of public
works' construction standards and specifications.
(b) Semi-Opaque Screen, Type B. A screen that is opaque from the ground to a height of three
feet, with intermittent visual obstruction from above the opaque portion to a height of at least
twenty feet. The width shall be a minimum of five feet wide, but may be increased if, in the
opinion of the permit-issuing authority, it is needed to better insulate or isolate uses; and in
all cases be a minimum of ten feet along street frontages where required. The semi-opaque
screen is intended to partially block visual contact between uses and to create a strong
impression of the separation of spaces. The semi-opaque screen may be composed of a wall,
fence, landscaped earth berm, native vegetation, drought-tolerant vegetation, vegetated LID
facilities, or existing vegetation. Compliance of vegetative screens or native vegetation will
be judged based on the average mature height and density of foliage of the subject species, or
field observation of existing vegetation. At maturity, the portion of intermittent visual
obstructions should not contain any completely unobstructed openings more than ten feet
wide. The zone of intermittent visual obstruction may contain deciduous plants. Suggested
planting patterns that will achieve this standard are included in the development design
standards and the department of public works' construction standards and specifications.
(c) Intermittent Screen, Type C. A screen composed of intermittent visual obstructions from the
ground to a height of at least twenty feet. The width shall be a minimum of five feet wide,
but may be increased if, in the opinion of the permit-issuing authority, it is needed to better
insulate or isolate uses; and in all cases be a minimum of ten feet along street frontages
where required. The intermittent screen is intended to create the impression of a separation of
spaces without necessarily eliminating visual contact between the spaces. It may be
composed of native vegetation or existing vegetation. Compliance of vegetative screens or
native vegetation will be judged based on the average mature height and density of foliage of
the subject species, or field observation of existing vegetation. At maturity, the portion of
intermittent visual obstructions should not contain any completely unobstructed openings
more than ten feet wide. The screen may contain deciduous plants. Suggested planting
patterns that will achieve this standard are included in the development design standards and
the department of public works' construction standards and specifications.
20.76.050 Table of Screening Requirements.
See Table 20.76-1: Screening Requirements.
20.76.060 Flexibility in Administration Required.
(a) The Council recognizes that because of the wide variety of types of developments and the
relationships between them, it is neither possible nor prudent to establish inflexible screening
requirements. Therefore, as provided in §20.76.030 Compliance With Screening Standard,
the permit-issuing authority may permit deviations from the presumptive requirements of
§20.76.050 (Table of Screening Requirements) and may either require more intensive or
allow less intensive screening whenever it finds such deviations are more likely to satisfy the
standard set forth in §20.76.020 (General Screening Standard) without imposing unnecessary
costs on the developer.
(b) Without limiting the generality of Subsection (a), the permit-issuing authority may modify
the presumptive requirements for:
(1) Non-residential developments located adjacent to nonconforming residential uses in non-
residential zoning districts,
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(2) Non-residential uses located adjacent to other similar uses within the same zoning
district,
(3) Any development where it is found that the presumptive requirement would cause a
nuisance or sight distance problem.
(4) Where Type A screening is required along a street, if the office or other similar non-
intensive portion of the use is placed between the street and the intensive portion of the
use, then only Type B screening is necessary between that non-intensive portion and the
street.
(5) Whenever a building is located adjacent to or within 5 feet of a street right-of-way, as
encouraged by the Development Design GuidelinesStandards, and the applicant includes
windows intended to provide pedestrian visibility into the establishment, then the
screening requirement may be modified by requiring only low growing vegetation so as
not to block such visibility.
(c) Whenever the permit-issuing authority allows or requires a deviation from the presumptive
requirements set forth in §20.76.050 Table of Screening Requirements, it shall enter on the
face of the permit the screening requirement that it imposes to meet the standard set forth in
§20.76.020 General Screening Standard and the reasons for allowing or requiring the
deviation.
(d) If the permit-issuing authority concludes, based upon information it receives in the
consideration of a specific development proposal, that a presumption established by
§20.76.050 Table of Screening Requirements is erroneous, it shall initiate a request for an
amendment to the Table of Screening Requirements in accordance with the procedures set
forth in Chapter 20.96, Amendments.
20.76.070 Combination Uses.
(a) In determining the screening requirements that apply between a combination use and another
use, the permit-issuing authority shall proceed as if the principal uses that comprise the
combination use were not combined and reach its determination accordingly, relying on the
table set forth in §20.76.050 (Table of Screening Requirements) interpreted in the light of
§20.76.060 (Flexibility in Administration Required). The developer shall be required to
install the strictest form of screening required by any one of these principal uses.
(b) When two or more principal uses are combined to create a combination use, screening shall
not be required between the component principal uses unless they are clearly separated
physically and screening is determined to be necessary to satisfy the standard set forth in
§20.76.020 (General Screening Standard).
20.76.080 Subdivisions.
(a) When non-residential, undeveloped land is subdivided and undeveloped lots only are sold,
the subdivider shall not be required to install any screening. Screening shall be required, if at
all, only when the lots are developed, and the responsibility for installing such screening shall
be determined in accordance with the other requirements of Part I of this chapter.
(b) When residential, undeveloped land is subdivided and undeveloped lots only are sold, the
subdivider shall be required to install any perimeter screening required.
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20.76.090 Special Screening Requirements.
(a) Due to the potential for significantly worse adverse impacts between the following non-
compatible uses, in addition to the other requirements of this chapter a 30-foot wide
landscaped screen shall be maintained along common boundaries between the below listed
districts or uses.
(1) All uses within all residential and industrial zoning districts adjacent to Interstate 5, State
Route 9, State Route 530, and State Route 531 east of 67th Avenue NE shall maintain
said screen along said roads.
(2) Wherever any non-residential zoning district abuts a residential zoning district, all uses
within the non-residential district shall maintain said screen along common boundaries.
For the purposes of this section, where a road separates the zoning districts, the properties
are not considered to abut.
(b) The screen shall consist of visual obstructions from the ground to a height of at least 30 feet
at maturity; including evergreen trees planted at least three deep. This screen is intended to
minimize all visual and noise contact between uses and to create a strong impression of
visual separation. The screen may be composed of planted or existing vegetation, and the
retention of existing significant trees that are not prone to windthrow is strongly encouraged.
Compliance of planted or natural vegetative screens will be judged based on the average
mature height and density of foliage of the subject species, or field observation of existing
vegetation. The screen must be opaque in all seasons of the year. At maturity, there should
not be any unobstructed openings to a height of 10 feet.
(c) The permit-issuing authority may approve averaging of buffer widths to prevent denial of all
reasonable use of property.
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Table 20.76-1 Screening Requirements
Use Frontage
Landscaping
Side and Rear
Property Lines
Agricultural
Commercial Greenhouse On-Premises Sales N/A
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Aviation Fuel Sales
Aircraft Painting and Body Work
Aircraft Repair and Maintenance, Not Including
Substantial Body Work
Aircraft Sales or Rentals
Aircraft Sales with Installation of Aircraft Parts or
Accessories (Propellers, Tires, Mufflers, etc.)
Aircraft Wash
Type B
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
N/A
Cultural, Social or Fraternal Uses
Art Gallery or Center
Library
Museum,
Social Club
Fraternal Clubs and Lodges
Union Halls
Similar Uses.
Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Educational
Colleges, Universities, Community Colleges
Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Commercial Nursery Schools/ Day Care Center
Elementary Schools
Secondary/High School
Trade School, Vocational School
Brewery, Distillery, Craft Beverage Production with or
without Tasting Room or Restaurant (No Drive-Thru
Services)
Type B
Type A –All Neighboring
PropertiesResidential
Type B – All Other
Neighboring Properties
Operations Conducted Entirely Within Fully Enclosed
Building and Primarily Consists of Business Done with
Walk-In Trade
Operations Conducted Entirely Within Fully Enclosed
Building and Primarily Consists of Business Done without
Walk-In Trade
Operations Conducted Entirely Within or Outside Fully
Enclosed Building.
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Use
Institutional Residence, Care, or Confinement Facilities
Hospitals
Type B
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Medical Clinics
Dental Clinics and Offices
Institutions (Other than Halfway Houses) for Confined
Nursing Care Institutions
Intermediate Care Institutions
Handicapped or Infirm Institutions
Penal and Correctional Facilities
Marijuana Production
Marijuana Processing Type B Type A –All Neighboring
Properties
Marijuana Retail Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Car Wash
Type B
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Electric Vehicle Infrastructure
Repair and Maintenance. Not Including Substantial Body
Work, and No Storage of Vehicles
Vehicle Sales and Rental or Mobile Home Sales
Vehicle Sales with Installation of Motor Vehicle Parts or
Scrap Materials Salvage Yards, Junkyards, Automobile
Graveyards, and Automobile Recycling Facilities Type A Type A –All Neighboring
Properties
Office
Government Office Buildings
Health Care Facility
Industrial or Manufacturing On-Site Office
Research and Development
Technology
Other Similar Uses
Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Horticultural Sales with Outdoor Display
Temporary (Seasonal) Farmer's Market Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
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Use Frontage
Landscaping Property Lines
Personal Services
Banks with Drive-Thru Windows
Type B
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Dry Cleaner / Laundromat
Travel Agencies
Salon / Barber Shop / Beauty Shop / Tanning
Studio: Art, Music, Dance Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Professional Services
Attorney / Legal Services
Clinics of Physicians or Dentist
Consultant
Funeral Home
Insurance / Stockbroker
Other Similar Uses
Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Crematorium Type A Type A –All Neighboring
Properties
Public and Semi-Public Facilities
Airport N/A
N/A – For Operations
Protect Tree Buffer Where
Established
Airport
Military Reserve, National Guard Centers Type AC
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Bus Station, Train Station Type B Properties
Post Office Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Civil Defense Operation
Fire Stations
Police Stations
Rescue Squad, Ambulance Service
Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
N/A – Neighboring Properties
Temporary Mobile or Modular Structures Used for Public
Services (Mobile Classrooms, Civic Services, Public
Health Centers, Emergency Response Centers, etc.)
The Primary Use of the Building Determines the
Screening Type
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Use Frontage
Landscaping
Side and Rear
Property Lines
Recreation, Amusement, Entertainment - Indoor
Bowling Alleys, Skating Rinks, Indoor Tennis and Squash
Courts, Billiards and Pool Halls, Indoor Athletic and
Exercise Facilities, and Similar Uses Type C
Type A – All Neighboring
Residential
Type C– All Other Neighboring
Properties Movie Theaters Seating Capacity Less than 300
Movie Theaters Unlimited seating capacity
Indoor Automobile and motorcycle racing tracks Type AB
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Recreation, Amusement, Entertainment - Outdoor
Athletic Fields, Tennis Courts, Swimming Pools,
Miniature Golf Courses, Water Slides, Skateboard Parks,
Parks, Swimming Pools,
Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Coliseums, stadiums, and all other facilities designed to
seat or accommodate simultaneously more than 1,000
people Type AB Type A –All Neighboring
Properties Drive-in movie theaters
Outdoor Entertainment Venue or Amphitheater
Golf Course, Par 3 Golf Course, Driving Range, and
Similar Uses Type B
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Religious
Religious Assembly – Principle Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Religious Assembly – Accessory The Primary Use of the Building Determines the
Screening Type
Residential
Mobile Home Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
1 Tree in Rear Yard
N/A – All Neighboring
Residential
Type A – All Other
Neighboring Properties
Single-Family Apartment Above Permitted Non-
Residential Use (only one)
Single-Family Residence, Detached
Cottage Housing 1 Tree in the Front
Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
1 Tree in Rear Yard
Type B – Neighboring Single-
Family Residential Only.
N/A – Other Neighboring
Residential
Type A – All Other
Neighboring Properties
Mobile Home Park
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Use Frontage
Landscaping
Side and Rear
Property Lines
Residential
Accessory Dwelling Unit
1 Tree in the Front
Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
Yard
1 Tree in the Rear Yard
Type C – Neighboring Single-
Family Residential Only.
N/A – Neighboring Residential
Type A – All Other
Neighboring Properties Duplex
Multi-Family Rowhouses
Multi-Family Townhouses
Multi-Family Triplex
1 Tree in the Front
Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
Yard
1 Tree in the Rear Yard
Type B – Neighboring Single-
Family Residential Only.
N/A – Other Neighboring
Residential
Type A – All Other
Neighboring Properties
Multi-Family Apartments
Multi-Family Conversions
Multi-Family Fourplex
Multi-Family Garden Apartments
Multi-Family Use Above a Permitted Non-Residential Use
(Mixed Use)
Type C
Type B – Neighboring Single-
Family Residential Only.
N/A – Other Neighboring
Residential
Type A – All Other
Neighboring Properties
Adult Family Homes (6 or fewer adults)
Halfway houses
Homes for handicapped or infirm
Nursing care, intermediate care homes
Permanent Supportive Housing
Special Needs Childcare homes
Transitional Housing
1 Tree in the Front
Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
Yard
1 Tree in the Rear Yard
N/A – Other Neighboring
Residential
Type A – All Other
Neighboring Properties
In-Home Child Day Care The Primary Residential Use of the Building
Determines the Screening Type
Residential Rooms for Rent Situations
Rental of Room within a Single-Family Residence 1 Tree in the Front
Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
Yard
1 Tree in the Rear Yard
Type A –All Neighboring
Properties
Boarding houses
Emergency Housing
Tourist homes and other temporary residences renting by
Hotels, motels, and similar businesses or institutions
providing overnight accommodations Type C Type A –All Neighboring
Properties
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Use Frontage
Landscaping
Side and Rear
Property Lines
Carry-Out and Delivery Service; No Drive-Thru Service;
Consumption Outside Fully Enclosed Building
Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Carry-Out and Delivery Service; Drive-Thru Service;
Service or Consumption Outside Fully Enclosed Building
Establishments Offering Adult Entertainment
Gambling Establishments
No Substantial Carry-Out or Delivery Service; No Drive-
Thru Service; Service or Consumption Inside or Outside
Fully Enclosed Building
Retail Trade
Convenience Stores
General Mercantile
Principal Use
Sales / Rentals Incidental to a Non-Retail Principal Use
Wholesale Sales
Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Distribution Center
Home Occupation The Primary Residential Use of the Building
Determines the Screening Type
Mobile Sales and Delivery
The Surrounding Properties Determine Any Required
Screening and Any Drive – Thru Aisles Require
Screening
Kennel
Pet Grooming/Pet Store
Veterinarian
Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Soil processing, mining, quarrying operations, including
on-site sales of product Type A Type A –All Neighboring
Properties
Solid Waste Facilities (Publicly or Privately Owned)
Biosolid Recycling
Sanitary Landfill
Solid Waste Recycling Center
Solid Waste Transfer Station
Type A Type A –All Neighboring
Properties
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Use Frontage
Landscaping
Side and Rear
Property Lines
Aircraft Parking or Storage
Type A
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Parking of vehicles or storage of equipment outside
enclosed structures where vehicles or equipment are
owned and used by the person making use of lot,
Warehouse Storage Facility
Electrical Community or Regional Facility
Electrical Neighborhood Facility Type A Type A –All Neighboring
Properties
Wireless Communication Facilities
Commercial Antennas 50 feet tall or less
Commercial Antennas more than 50 feet tall and receive-
only earth stations
Commercial Monopole I
Commercial Monopole II
Commercial Macro Facilities
Commercial Micro Facilities
Commercial Mini Facilities
Non-Commercial Towers and Antennas 50 feet tall or less
Non-Commercial Towers and Antennas more than 50 feet
tall and receive-only earth stations
Type A Type A –All Neighboring
Properties
Part II. Shading
20.76.100 Council Findings and Declaration of Policy on Shade Trees.
(a) The council finds that:
(1) Trees are proven producers of oxygen, a necessary element for human survival,
(2) Trees appreciably reduce the ever-increasing environmentally dangerous carbon dioxide
content of the air and play a vital role in purifying the air we breathe,
(3) Trees transpire considerable amounts of water each day and thereby purify the air much
like the air-washer devices used on commercial air conditioning systems,
(4) Trees have an important role in neutralizing stormwater passing through the ground from
the surface to ground water tables and lower aquifers,
(5) Trees, through their root systems, stabilize the ground water tables and play an important
and effective part in soil conservation, erosion control, and flood control,
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(6) Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban
setting, making urban life more comfortable by providing shade and cooling the air and
land, reducing noise levels and glare, and breaking the monotony of human developments
on the land, particularly parking areas, and
(7) For the reasons indicated in Subsection (6), trees have an important impact on the
desirability of land and therefore on property values.
(b) Based upon the findings set forth in Subsection (a), the council declares that it is not only
desirable but essential to the health, safety, and welfare of all persons living or working
within the city’s planning jurisdiction to protect certain existing trees and, under the
circumstances set forth in this chapter, to require the planting of new trees in certain types of
developments.
20.76.110 Required Trees Along Dedicated Streets.
Along both sides of all newly created, widened, or improved streets that are constructed in
accordance with the public street standards set forth in Chapter 20.56 (Streets & Sidewalks), the
developer shall either plant or retain sufficient trees so that within the landscape strip there is for
every 30 feet of street frontage at least an average of one deciduous tree of two inches dbh at the
time of planting and with a canopy that starts at least eight feet above finished grade and has or
will have when fully mature a trunk at least 8 inches in diameter. Root barriers shall be provided
for all street trees and the landscape strip shall be planted per the Department of Public Works’
Standards and Specifications. It is a violation of this Title to pave or cover the landscape strip
with impervious material or to park motor vehicles on this strip. When the developer plants trees
pursuant to this section, the developer shall choose trees that meet the standards set forth in the
Department of Public Works’ Design Standards and Specifications.
20.76.112 Protection of Street Trees.
(a) Unless specifically authorized by the City’s Responsible Official, no person shall damage
any street tree, attach any rope, wire, nails, advertising posters, or other contrivance to any
street tree; allow any gaseous, liquid or solid substance which is harmful to trees to come into
contact with them; set fire or permit any fire to burn when such fire or the heat thereof will
injure any portion of any street tree; excavate any ditches, tunnels, trenches or lay any drive
within a radius of 10 feet of any street tree; deposit place or store any materials which may
impede the free passage of water and fertilizer to the roots of any street tree.
(b) Street trees that are damaged or removed shall be replaced, at the expense of the property
owner, with a tree from the City of Arlington Approved Street Tree List and planted in
accordance with City of Arlington Standard R-260 and City of Arlington Tree Evaluation
Application. Street trees that are removed or damaged and not replaced shall be replaced by
the City of Arlington at the expense of the property owner, at the rate established by the most
current fee schedule.
20.76.120 Retention and Protection of Significant Trees.
(a) Every development shall retain all existing significant trees and significant stands of trees,
with a diameter at breast height (dbh) of at least eight inches for deciduous trees and at least
twelve inches dbh for evergreen trees, unless the retention of such trees would unreasonably
burden the development or in the opinion of the permit-issuing authority cause a significant
safety problem.
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(b) No excavation or other subsurface disturbance may be undertaken within the critical root
zone (CRZ) where feasible, which may extend outside of the drip line of existing tree
branches, of any of the trees regulated by subsection (a), and, except for street trees, no
impervious surface (including, but not limited to, paving or buildings) may be located within
twelve and one-half feet (measured from the center of the trunk) of any tree eighteen inches
in diameter or more unless compliance with this subsection would unreasonably burden the
development. For purposes of this subsection, a drip line is defined as a perimeter formed by
the points farthest away from the trunk of a tree where precipitation falling from the branches
of that tree lands on the ground.
(c) The retention or protection of significant trees and significant stands of trees as provided in
subsections (a) and (b) unreasonably burdens a development if, to accomplish such retention
or protection, the desired location of improvements on a lot or the proposed activities on a lot
would have to be substantially altered and such alteration would work an unreasonable
hardship upon the developer.
(d) When significant trees or significant stands of trees are present on a site for which a land use
permit is submitted, the applicant shall provide a tree survey, showing size, type, and location
of all significant trees and stands of trees. Critical root zones shall be fenced prior to
construction with orange plastic mesh fencing or approved equivalent. Any significant trees
removed because their retention would unreasonably burden a development shall be replaced
with five-gallon-sized native species at a ratio of three to one. If the replacement trees are to
be planted on building lots, the developer shall provide adequate protection from damage
during construction, or planting shall occur after construction, in which case a planting plan
and security shall be provided to ensure their planting.
(e) If it is physically impossible to replant all replacement trees on-site, then the applicant may
mitigate the loss of trees by either planting trees on public property within the city as
approved by the community development director, and/or paying a mitigation fee into the
city's tree mitigation in-lieu fund. This fee shall be set forth in the city's fee resolution and
equal the cost of the trees and planting labor.
(f) If any significant tree identified to be protected pursuant to this section is removed or
damaged to the extent that its ability to survive is seriously threatened, without the city's
prior written consent, the loss shall be remedied pursuant to Section 20.28.040(c) (penalties
and remedies for violations), with the understanding that each tree so removed or damaged
shall be counted as a separate violation.
(g) If space that would otherwise be devoted to parking cannot be so used because of the
requirements of subsections (a) or (b), and, as a result, the parking requirements set forth
in Chapter 20.72 (Parking) cannot be satisfied, the number of required spaces may be
reduced by the number of spaces "lost" because of the provisions of subsections (a) and (b),
up to a maximum of fifteen percent of the required spaces.
20.76.124 Shade Trees on Lots.
(a) Each new or existing lot within the City shall maintain a minimum number of trees on-site,
as specified in Subsection (b). This section shall be enforced at the time that any land use or
building permit is issued. If fewer than the required trees exist on a lot for which a land use
or building permit is applied, the granting of the permit shall be conditioned on the planting
of trees to meet the requirements of this section.
(b) The minimum number of required trees depends on the Zoning District in which the site falls,
as follows:
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City of Arlington 20.76 - 15 Revised October 2022June 2024
1. Residential Ultra Low Capacity, Residential Low Capacity, Residential Moderate
Capacity, Residential Medium Capacity, and Old Town Residential – 2 trees per lot.
2. All other zoning districts – The tree requirement is satisfied by compliance with
§20.76.020 (General Screening Standard), §20.76.090 (Special Screening Requirements),
§20.76.110 (Required Trees Along Dedicated Streets), and §20.76.130 (Shade Trees in
Parking Areas).
(c) If street trees are present or are required to be installed as part of a development or building
permit, said street trees may count toward one of the trees required by Subsection (b).
(d) Non street trees required per this section shall be a native species, have a minimum 1.5-inch
diameter at breast height (dbh), and attain a minimum height of 25 feet at maturity. Standards
for street trees are found in §20.76.110 (Required Trees Along Dedicated Streets).
(d)(e) Root barriers shall be provided for all trees planted adjacent to sidewalks, paved driving
areas, and paved parking areas. Root barrier shall be 18 inches deep and 6 feet wide.
(e)(f) At least one of the required trees should be planted near the rear property line of the lot.
The intent of this regulation is to create rows of trees behind and between rows of houses,
thus affording privacy and creating a forested view of the community when seen from ground
level.
(f)(g) The permit-issuing authority may relax or waive the requirements of this section if it can
be demonstrated that the intent of the section is met through existing vegetation, that
placement of trees on the site is physically unfeasible, or for valid urban forest management
reasons.
20.76.130 Shade Trees in Parking Areas.
(a) Vehicle accommodation areas as defined in §20.08.010 (Basic Definitions and
Interpretations) that are required to be paved by §20.72.060 (Parking Area Surfaces) must be
shaded by deciduous trees (either retained or planted by the developer) that have or will have
when fully mature a trunk at least 8 inches in diameter. When the developer plants trees to
satisfy the requirements of this subsection, the developer shall choose trees that meet the
standards set forth in the Department of Public Works’ Design Standards and Specifications.
(a)(b) Root barriers shall be provided for all trees planted adjacent to sidewalks, paved driving
areas, and paved parking areas. Root barriers shall be 18 inches deep and 6 feet wide.
(b)(c) Landscaping within vehicle accommodation areas shall meet the requirements of §20.46
(Design) and the Development Design Standards.
(c)(d) Each tree of the type described in Subsection (a) shall be presumed to shade a circular
area having a radius of 15 feet with the trunk of the tree as the center, and there must be
sufficient trees so that, using this standard, 20 percent of the vehicle accommodation area
will be shaded.
(d)(e) Except as noted in Subsection (d), no paving may be placed within 2½ feet (measured
from the center of the trunk) of any tree retained to comply with Subsection (a), and new
trees planted to comply with Subsection (a) shall be located so that they are surrounded by at
least 200 square feet of unpaved area.
(e)(f) Pervious paving (grasscrete, metal grating, etc.) may be used within 2½ feet of a tree if (i)
the parking lot is designed so that no significant run-off from the paved areas drains into the
area around the base of the tree(s) and (ii) barriers are placed in such a manner as to prevent
vehicles from damaging such trees.
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(f)(g) Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from
striking trees. Vehicles will be presumed to have a body overhang of three feet, six inches.
(g)(h) Vegetation shall be planted and maintained to prevent obstruction of driver visibility of
pedestrians and other vehicles.
Part III. Maintenance
20.76.140 Maintenance of Screening and Shading Elements.
All screening and shading elements required by this Chapter shall be maintained by the owner
for the life of the project to the following standard:
1. All plant material shall be maintained with respect to pruning, trimming, mowing,
watering, insect control, and fertilizing to maintain a healthy growing condition, create an
attractive appearance, and to accomplish the purpose for which it was required.
2. Dead, diseased, stolen, vandalized, or damaged plants shall be replaced within three
months with the plants indicated on the approved landscape plan.
3. All screening and shading elements shall be maintained reasonably free of weeds and
trash.
4. All screening and shading elements located within public rights-of-way shall be
maintained by the abutting property owner.
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City of Arlington 20.76 - 1 Revised October 2022June 2024
Chapter 20.76
SCREENING AND TREES
Sections:
Part I. Screening
20.76.010 Council Findings Concerning the Need for Screening Requirements.
20.76.020 General Screening Standard.
20.76.030 Compliance With Screening Standard.
20.76.040 Descriptions of Screens.
20.76.050 Table of Screening Requirements.
20.76.060 Flexibility in Administration Required.
20.76.070 Combination Uses
20.76.080 Subdivisions.
20.76.090 Special Screening Requirements.
Part II. Shading
20.76.100 Council Findings and Declarations of Policy on Shade Trees.
20.76.110 Required Trees Along Dedicated Streets.
20.76.112 Protection of Street Trees.
20.76.120 Retention and Protection of Significant Trees.
20.76.124 Shade Trees on Lots.
20.76.130 Shade Trees in Parking Areas.
Part III. Maintenance
20.76.140 Maintenance of Screening and Shading Elements.
Part I. Screening
20.76.010 Council Findings Concerning the Need for Screening Requirements.
(a) The council finds that:
1. Screening between two lots lessens the transmission from one lot to another of noise,
dust, and glare.
2. Screening can lessen the visual pollution that may otherwise occur within an urbanized
area. Even minimal screening can provide an impression of separation of spaces, and
more extensive screening can shield entirely one use from the visual assault of an
adjacent use.
3. Screening can establish a greater sense of privacy from visual or physical intrusion, the
degree of privacy varying with the intensity of the screening.
4. The provisions of this part are necessary to safeguard the public health, safety, and
welfare.
20.76.020 General Screening Standard.
(a) Every development shall provide sufficient screening so that:
1. Neighboring properties are shielded from any adverse external effects of that
development;
2. The development is shielded from the negative impacts of adjacent uses such as streets or
railroads.
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20.76.030 Compliance With Screening Standard.
(a) Except as modified per §20.76.090 (Special Screening Requirements), the table set forth in
§20.76.050 (Table of Screening Requirements), in conjunction with the explanations in
20.76.040 (Descriptions of Screens) concerning the types of screens, establishes screening
requirements that presumptively satisfy the general standards established in §20.76.020
(General Screening Standard). However, this table is only intended to establish a
presumption and should be flexibly administered in accordance with §20.76.060 (Flexibility
in Administration Required).
(b) The Table of Screening Requirements (§20.76.050) represent the allowed uses of the Tables
of Permissible Uses (§20.40), and the screening type letter designations refer to types of
screening as described in §20.76.040 (Descriptions of Screens). This table indicates the type
of screening that is presumptively required between two uses. Where such screening is
required, only the property under application for development is responsible for installing the
screening. The use assigned this responsibility is referred to as the burdened use in
§20.76.050 (Table of Screening Requirements), and the other use is the benefited use.
To determine the type of screening a proposed new development must install, find the
proposed use in the table to determine frontage landscaping and side/rear property lines.
(c) If, when the analysis described in Subdivision (b) is performed, the burdened use is an
existing use but the required screening is not in place, then this lack of screening shall
constitute a nonconforming situation, subject to all the provisions of Chapter 20.32
(Nonconforming Situations) of this Title.
(d) Notwithstanding any other provision of this chapter, a multi-family development shall be
required, at the time of construction, to install any screening that is required between it and
adjacent existing uses according to the table set forth in §20.76.050 (Table of Screening
Requirements).
(e) Developments in the Old Town Business Districts 1, 2, and 3 shall be exempt from the
screening requirements of §20.76.050 (Table of Screening Requirements) pertaining to
screening along streets where the buildings abut the sidewalk.
(f) Developments in the Old Town Residential District shall comply with the Old Town
Residential Design Standards.
20.76.040 Descriptions of Screens.
The following three basic types of screens are hereby established and are used as the basis for the
Table of Screening Requirements set forth in §20.76.050 (Table of Screening Requirements).
(a) Opaque Screen, Type A. A screen that is opaque from the ground to a height of at least six
feet, with intermittent visual obstructions from the opaque portion to a height of at least
twenty feet. The width shall be a minimum of five feet wide, but may be increased if, in the
opinion of the permit-issuing authority, it is needed to better insulate or isolate uses; and in
all cases be a minimum of ten feet along street frontages where required. An opaque screen is
intended to exclude all visual contact between uses and to create a strong impression of
spatial separation. The opaque screen may be composed of a wall, fence, landscaped earth
berm, native vegetation, drought-tolerant vegetation, vegetated LID facilities, or existing
vegetation. Compliance of vegetative screens or native vegetation will be judged based on
the average mature height and density of foliage of the subject species, or field observation of
existing vegetation. The opaque portion of the screen must be opaque in all seasons of the
year. At maturity, the portion of intermittent visual obstructions should not contain any
completely unobstructed openings more than ten feet wide. The portion of intermittent visual
Title 20—Land Use Code Chapter 20.76: Screening and Trees
City of Arlington 20.76 - 3 Revised October 2022June 2024
obstructions may contain deciduous plants. Suggested planting patterns that will achieve this
standard are included in the development design standards and the department of public
works' construction standards and specifications.
(b) Semi-Opaque Screen, Type B. A screen that is opaque from the ground to a height of three
feet, with intermittent visual obstruction from above the opaque portion to a height of at least
twenty feet. The width shall be a minimum of five feet wide, but may be increased if, in the
opinion of the permit-issuing authority, it is needed to better insulate or isolate uses; and in
all cases be a minimum of ten feet along street frontages where required. The semi-opaque
screen is intended to partially block visual contact between uses and to create a strong
impression of the separation of spaces. The semi-opaque screen may be composed of a wall,
fence, landscaped earth berm, native vegetation, drought-tolerant vegetation, vegetated LID
facilities, or existing vegetation. Compliance of vegetative screens or native vegetation will
be judged based on the average mature height and density of foliage of the subject species, or
field observation of existing vegetation. At maturity, the portion of intermittent visual
obstructions should not contain any completely unobstructed openings more than ten feet
wide. The zone of intermittent visual obstruction may contain deciduous plants. Suggested
planting patterns that will achieve this standard are included in the development design
standards and the department of public works' construction standards and specifications.
(c) Intermittent Screen, Type C. A screen composed of intermittent visual obstructions from the
ground to a height of at least twenty feet. The width shall be a minimum of five feet wide,
but may be increased if, in the opinion of the permit-issuing authority, it is needed to better
insulate or isolate uses; and in all cases be a minimum of ten feet along street frontages
where required. The intermittent screen is intended to create the impression of a separation of
spaces without necessarily eliminating visual contact between the spaces. It may be
composed of native vegetation or existing vegetation. Compliance of vegetative screens or
native vegetation will be judged based on the average mature height and density of foliage of
the subject species, or field observation of existing vegetation. At maturity, the portion of
intermittent visual obstructions should not contain any completely unobstructed openings
more than ten feet wide. The screen may contain deciduous plants. Suggested planting
patterns that will achieve this standard are included in the development design standards and
the department of public works' construction standards and specifications.
20.76.050 Table of Screening Requirements.
See Table 20.76-1: Screening Requirements.
20.76.060 Flexibility in Administration Required.
(a) The Council recognizes that because of the wide variety of types of developments and the
relationships between them, it is neither possible nor prudent to establish inflexible screening
requirements. Therefore, as provided in §20.76.030 Compliance With Screening Standard,
the permit-issuing authority may permit deviations from the presumptive requirements of
§20.76.050 (Table of Screening Requirements) and may either require more intensive or
allow less intensive screening whenever it finds such deviations are more likely to satisfy the
standard set forth in §20.76.020 (General Screening Standard) without imposing unnecessary
costs on the developer.
(b) Without limiting the generality of Subsection (a), the permit-issuing authority may modify
the presumptive requirements for:
(1) Non-residential developments located adjacent to nonconforming residential uses in non-
residential zoning districts,
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(2) Non-residential uses located adjacent to other similar uses within the same zoning
district,
(3) Any development where it is found that the presumptive requirement would cause a
nuisance or sight distance problem.
(4) Where Type A screening is required along a street, if the office or other similar non-
intensive portion of the use is placed between the street and the intensive portion of the
use, then only Type B screening is necessary between that non-intensive portion and the
street.
(5) Whenever a building is located adjacent to or within 5 feet of a street right-of-way, as
encouraged by the Development Design GuidelinesStandards, and the applicant includes
windows intended to provide pedestrian visibility into the establishment, then the
screening requirement may be modified by requiring only low growing vegetation so as
not to block such visibility.
(c) Whenever the permit-issuing authority allows or requires a deviation from the presumptive
requirements set forth in §20.76.050 Table of Screening Requirements, it shall enter on the
face of the permit the screening requirement that it imposes to meet the standard set forth in
§20.76.020 General Screening Standard and the reasons for allowing or requiring the
deviation.
(d) If the permit-issuing authority concludes, based upon information it receives in the
consideration of a specific development proposal, that a presumption established by
§20.76.050 Table of Screening Requirements is erroneous, it shall initiate a request for an
amendment to the Table of Screening Requirements in accordance with the procedures set
forth in Chapter 20.96, Amendments.
20.76.070 Combination Uses.
(a) In determining the screening requirements that apply between a combination use and another
use, the permit-issuing authority shall proceed as if the principal uses that comprise the
combination use were not combined and reach its determination accordingly, relying on the
table set forth in §20.76.050 (Table of Screening Requirements) interpreted in the light of
§20.76.060 (Flexibility in Administration Required). The developer shall be required to
install the strictest form of screening required by any one of these principal uses.
(b) When two or more principal uses are combined to create a combination use, screening shall
not be required between the component principal uses unless they are clearly separated
physically and screening is determined to be necessary to satisfy the standard set forth in
§20.76.020 (General Screening Standard).
20.76.080 Subdivisions.
(a) When non-residential, undeveloped land is subdivided and undeveloped lots only are sold,
the subdivider shall not be required to install any screening. Screening shall be required, if at
all, only when the lots are developed, and the responsibility for installing such screening shall
be determined in accordance with the other requirements of Part I of this chapter.
(b) When residential, undeveloped land is subdivided and undeveloped lots only are sold, the
subdivider shall be required to install any perimeter screening required.
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City of Arlington 20.76 - 5 Revised October 2022June 2024
20.76.090 Special Screening Requirements.
(a) Due to the potential for significantly worse adverse impacts between the following non-
compatible uses, in addition to the other requirements of this chapter a 30-foot wide
landscaped screen shall be maintained along common boundaries between the below listed
districts or uses.
(1) All uses within all residential and industrial zoning districts adjacent to Interstate 5, State
Route 9, State Route 530, and State Route 531 east of 67th Avenue NE shall maintain
said screen along said roads.
(2) Wherever any non-residential zoning district abuts a residential zoning district, all uses
within the non-residential district shall maintain said screen along common boundaries.
For the purposes of this section, where a road separates the zoning districts, the properties
are not considered to abut.
(b) The screen shall consist of visual obstructions from the ground to a height of at least 30 feet
at maturity; including evergreen trees planted at least three deep. This screen is intended to
minimize all visual and noise contact between uses and to create a strong impression of
visual separation. The screen may be composed of planted or existing vegetation, and the
retention of existing significant trees that are not prone to windthrow is strongly encouraged.
Compliance of planted or natural vegetative screens will be judged based on the average
mature height and density of foliage of the subject species, or field observation of existing
vegetation. The screen must be opaque in all seasons of the year. At maturity, there should
not be any unobstructed openings to a height of 10 feet.
(c) The permit-issuing authority may approve averaging of buffer widths to prevent denial of all
reasonable use of property.
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Table 20.76-1 Screening Requirements
Use Frontage
Landscaping
Side and Rear
Property Lines
Agricultural
Commercial Greenhouse On-Premises Sales N/A
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Aviation Fuel Sales
Aircraft Painting and Body Work
Aircraft Repair and Maintenance, Not Including
Substantial Body Work
Aircraft Sales or Rentals
Aircraft Sales with Installation of Aircraft Parts or
Accessories (Propellers, Tires, Mufflers, etc.)
Aircraft Wash
Type B
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
N/A
Cultural, Social or Fraternal Uses
Art Gallery or Center
Library
Museum,
Social Club
Fraternal Clubs and Lodges
Union Halls
Similar Uses.
Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Educational
Colleges, Universities, Community Colleges
Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Commercial Nursery Schools/ Day Care Center
Elementary Schools
Secondary/High School
Trade School, Vocational School
Brewery, Distillery, Craft Beverage Production with or
without Tasting Room or Restaurant (No Drive-Thru
Services)
Type B
Type A –All Neighboring
PropertiesResidential
Type B – All Other
Neighboring Properties
Operations Conducted Entirely Within Fully Enclosed
Building and Primarily Consists of Business Done with
Walk-In Trade
Operations Conducted Entirely Within Fully Enclosed
Building and Primarily Consists of Business Done without
Walk-In Trade
Operations Conducted Entirely Within or Outside Fully
Enclosed Building.
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Use
Institutional Residence, Care, or Confinement Facilities
Hospitals
Type B
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Medical Clinics
Dental Clinics and Offices
Institutions (Other than Halfway Houses) for Confined
Nursing Care Institutions
Intermediate Care Institutions
Handicapped or Infirm Institutions
Penal and Correctional Facilities
Marijuana Production
Marijuana Processing Type B Type A –All Neighboring
Properties
Marijuana Retail Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Car Wash
Type B
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Electric Vehicle Infrastructure
Repair and Maintenance. Not Including Substantial Body
Work, and No Storage of Vehicles
Vehicle Sales and Rental or Mobile Home Sales
Vehicle Sales with Installation of Motor Vehicle Parts or
Scrap Materials Salvage Yards, Junkyards, Automobile
Graveyards, and Automobile Recycling Facilities Type A Type A –All Neighboring
Properties
Office
Government Office Buildings
Health Care Facility
Industrial or Manufacturing On-Site Office
Research and Development
Technology
Other Similar Uses
Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Horticultural Sales with Outdoor Display
Temporary (Seasonal) Farmer's Market Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
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Use Frontage
Landscaping Property Lines
Personal Services
Banks with Drive-Thru Windows
Type B
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Dry Cleaner / Laundromat
Travel Agencies
Salon / Barber Shop / Beauty Shop / Tanning
Studio: Art, Music, Dance Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Professional Services
Attorney / Legal Services
Clinics of Physicians or Dentist
Consultant
Funeral Home
Insurance / Stockbroker
Other Similar Uses
Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Crematorium Type A Type A –All Neighboring
Properties
Public and Semi-Public Facilities
Airport N/A
N/A – For Operations
Protect Tree Buffer Where
Established
Airport
Military Reserve, National Guard Centers Type AC
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Bus Station, Train Station Type B Properties
Post Office Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Civil Defense Operation
Fire Stations
Police Stations
Rescue Squad, Ambulance Service
Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
N/A – Neighboring Properties
Temporary Mobile or Modular Structures Used for Public
Services (Mobile Classrooms, Civic Services, Public
Health Centers, Emergency Response Centers, etc.)
The Primary Use of the Building Determines the
Screening Type
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Use Frontage
Landscaping
Side and Rear
Property Lines
Recreation, Amusement, Entertainment - Indoor
Bowling Alleys, Skating Rinks, Indoor Tennis and Squash
Courts, Billiards and Pool Halls, Indoor Athletic and
Exercise Facilities, and Similar Uses Type C
Type A – All Neighboring
Residential
Type C– All Other Neighboring
Properties Movie Theaters Seating Capacity Less than 300
Movie Theaters Unlimited seating capacity
Indoor Automobile and motorcycle racing tracks Type AB
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Recreation, Amusement, Entertainment - Outdoor
Athletic Fields, Tennis Courts, Swimming Pools,
Miniature Golf Courses, Water Slides, Skateboard Parks,
Parks, Swimming Pools,
Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Coliseums, stadiums, and all other facilities designed to
seat or accommodate simultaneously more than 1,000
people Type AB Type A –All Neighboring
Properties Drive-in movie theaters
Outdoor Entertainment Venue or Amphitheater
Golf Course, Par 3 Golf Course, Driving Range, and
Similar Uses Type B
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Religious
Religious Assembly – Principle Type C
Type A – All Neighboring
Residential
Type C – All Other
Neighboring Properties
Religious Assembly – Accessory The Primary Use of the Building Determines the
Screening Type
Residential
Mobile Home Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
1 Tree in Rear Yard
N/A – All Neighboring
Residential
Type A – All Other
Neighboring Properties
Single-Family Apartment Above Permitted Non-
Residential Use (only one)
Single-Family Residence, Detached
Cottage Housing 1 Tree in the Front
Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
1 Tree in Rear Yard
Type B – Neighboring Single-
Family Residential Only.
N/A – Other Neighboring
Residential
Type A – All Other
Neighboring Properties
Mobile Home Park
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Use Frontage
Landscaping
Side and Rear
Property Lines
Residential
Accessory Dwelling Unit
1 Tree in the Front
Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
Yard
1 Tree in the Rear Yard
Type C – Neighboring Single-
Family Residential Only.
N/A – Neighboring Residential
Type A – All Other
Neighboring Properties Duplex
Multi-Family Rowhouses
Multi-Family Townhouses
Multi-Family Triplex
1 Tree in the Front
Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
Yard
1 Tree in the Rear Yard
Type B – Neighboring Single-
Family Residential Only.
N/A – Other Neighboring
Residential
Type A – All Other
Neighboring Properties
Multi-Family Apartments
Multi-Family Conversions
Multi-Family Fourplex
Multi-Family Garden Apartments
Multi-Family Use Above a Permitted Non-Residential Use
(Mixed Use)
Type C
Type B – Neighboring Single-
Family Residential Only.
N/A – Other Neighboring
Residential
Type A – All Other
Neighboring Properties
Adult Family Homes (6 or fewer adults)
Halfway houses
Homes for handicapped or infirm
Nursing care, intermediate care homes
Permanent Supportive Housing
Special Needs Childcare homes
Transitional Housing
1 Tree in the Front
Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
Yard
1 Tree in the Rear Yard
N/A – Other Neighboring
Residential
Type A – All Other
Neighboring Properties
In-Home Child Day Care The Primary Residential Use of the Building
Determines the Screening Type
Residential Rooms for Rent Situations
Rental of Room within a Single-Family Residence 1 Tree in the Front
Yard and/or Street
Trees (Depends on
the Existing Street
Frontage) and 1
Tree in the Rear
Yard
1 Tree in the Rear Yard
Type A –All Neighboring
Properties
Boarding houses
Emergency Housing
Tourist homes and other temporary residences renting by
Hotels, motels, and similar businesses or institutions
providing overnight accommodations Type C Type A –All Neighboring
Properties
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Use Frontage
Landscaping
Side and Rear
Property Lines
Carry-Out and Delivery Service; No Drive-Thru Service;
Consumption Outside Fully Enclosed Building
Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Carry-Out and Delivery Service; Drive-Thru Service;
Service or Consumption Outside Fully Enclosed Building
Establishments Offering Adult Entertainment
Gambling Establishments
No Substantial Carry-Out or Delivery Service; No Drive-
Thru Service; Service or Consumption Inside or Outside
Fully Enclosed Building
Retail Trade
Convenience Stores
General Mercantile
Principal Use
Sales / Rentals Incidental to a Non-Retail Principal Use
Wholesale Sales
Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Distribution Center
Home Occupation The Primary Residential Use of the Building
Determines the Screening Type
Mobile Sales and Delivery
The Surrounding Properties Determine Any Required
Screening and Any Drive – Thru Aisles Require
Screening
Kennel
Pet Grooming/Pet Store
Veterinarian
Type C
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Soil processing, mining, quarrying operations, including
on-site sales of product Type A Type A –All Neighboring
Properties
Solid Waste Facilities (Publicly or Privately Owned)
Biosolid Recycling
Sanitary Landfill
Solid Waste Recycling Center
Solid Waste Transfer Station
Type A Type A –All Neighboring
Properties
Title 20—Land Use Code Chapter 20.76: Screening and Trees
City of Arlington 20.76 - 12 Revised October 2022June 2024
Use Frontage
Landscaping
Side and Rear
Property Lines
Aircraft Parking or Storage
Type A
Type A – All Neighboring
Residential
Type B – All Other
Neighboring Properties
Parking of vehicles or storage of equipment outside
enclosed structures where vehicles or equipment are
owned and used by the person making use of lot,
Warehouse Storage Facility
Electrical Community or Regional Facility
Electrical Neighborhood Facility Type A Type A –All Neighboring
Properties
Wireless Communication Facilities
Commercial Antennas 50 feet tall or less
Commercial Antennas more than 50 feet tall and receive-
only earth stations
Commercial Monopole I
Commercial Monopole II
Commercial Macro Facilities
Commercial Micro Facilities
Commercial Mini Facilities
Non-Commercial Towers and Antennas 50 feet tall or less
Non-Commercial Towers and Antennas more than 50 feet
tall and receive-only earth stations
Type A Type A –All Neighboring
Properties
Part II. Shading
20.76.100 Council Findings and Declaration of Policy on Shade Trees.
(a) The council finds that:
(1) Trees are proven producers of oxygen, a necessary element for human survival,
(2) Trees appreciably reduce the ever-increasing environmentally dangerous carbon dioxide
content of the air and play a vital role in purifying the air we breathe,
(3) Trees transpire considerable amounts of water each day and thereby purify the air much
like the air-washer devices used on commercial air conditioning systems,
(4) Trees have an important role in neutralizing stormwater passing through the ground from
the surface to ground water tables and lower aquifers,
(5) Trees, through their root systems, stabilize the ground water tables and play an important
and effective part in soil conservation, erosion control, and flood control,
Title 20—Land Use Code Chapter 20.76: Screening and Trees
City of Arlington 20.76 - 13 Revised October 2022June 2024
(6) Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban
setting, making urban life more comfortable by providing shade and cooling the air and
land, reducing noise levels and glare, and breaking the monotony of human developments
on the land, particularly parking areas, and
(7) For the reasons indicated in Subsection (6), trees have an important impact on the
desirability of land and therefore on property values.
(b) Based upon the findings set forth in Subsection (a), the council declares that it is not only
desirable but essential to the health, safety, and welfare of all persons living or working
within the city’s planning jurisdiction to protect certain existing trees and, under the
circumstances set forth in this chapter, to require the planting of new trees in certain types of
developments.
20.76.110 Required Trees Along Dedicated Streets.
Along both sides of all newly created, widened, or improved streets that are constructed in
accordance with the public street standards set forth in Chapter 20.56 (Streets & Sidewalks), the
developer shall either plant or retain sufficient trees so that within the landscape strip there is for
every 30 feet of street frontage at least an average of one deciduous tree of two inches dbh at the
time of planting and with a canopy that starts at least eight feet above finished grade and has or
will have when fully mature a trunk at least 8 inches in diameter. Root barriers shall be provided
for all street trees and the landscape strip shall be planted per the Department of Public Works’
Standards and Specifications. It is a violation of this Title to pave or cover the landscape strip
with impervious material or to park motor vehicles on this strip. When the developer plants trees
pursuant to this section, the developer shall choose trees that meet the standards set forth in the
Department of Public Works’ Design Standards and Specifications.
20.76.112 Protection of Street Trees.
(a) Unless specifically authorized by the City’s Responsible Official, no person shall damage
any street tree, attach any rope, wire, nails, advertising posters, or other contrivance to any
street tree; allow any gaseous, liquid or solid substance which is harmful to trees to come into
contact with them; set fire or permit any fire to burn when such fire or the heat thereof will
injure any portion of any street tree; excavate any ditches, tunnels, trenches or lay any drive
within a radius of 10 feet of any street tree; deposit place or store any materials which may
impede the free passage of water and fertilizer to the roots of any street tree.
(b) Street trees that are damaged or removed shall be replaced, at the expense of the property
owner, with a tree from the City of Arlington Approved Street Tree List and planted in
accordance with City of Arlington Standard R-260 and City of Arlington Tree Evaluation
Application. Street trees that are removed or damaged and not replaced shall be replaced by
the City of Arlington at the expense of the property owner, at the rate established by the most
current fee schedule.
20.76.120 Retention and Protection of Significant Trees.
(a) Every development shall retain all existing significant trees and significant stands of trees,
with a diameter at breast height (dbh) of at least eight inches for deciduous trees and at least
twelve inches dbh for evergreen trees, unless the retention of such trees would unreasonably
burden the development or in the opinion of the permit-issuing authority cause a significant
safety problem.
Title 20—Land Use Code Chapter 20.76: Screening and Trees
City of Arlington 20.76 - 14 Revised October 2022June 2024
(b) No excavation or other subsurface disturbance may be undertaken within the critical root
zone (CRZ) where feasible, which may extend outside of the drip line of existing tree
branches, of any of the trees regulated by subsection (a), and, except for street trees, no
impervious surface (including, but not limited to, paving or buildings) may be located within
twelve and one-half feet (measured from the center of the trunk) of any tree eighteen inches
in diameter or more unless compliance with this subsection would unreasonably burden the
development. For purposes of this subsection, a drip line is defined as a perimeter formed by
the points farthest away from the trunk of a tree where precipitation falling from the branches
of that tree lands on the ground.
(c) The retention or protection of significant trees and significant stands of trees as provided in
subsections (a) and (b) unreasonably burdens a development if, to accomplish such retention
or protection, the desired location of improvements on a lot or the proposed activities on a lot
would have to be substantially altered and such alteration would work an unreasonable
hardship upon the developer.
(d) When significant trees or significant stands of trees are present on a site for which a land use
permit is submitted, the applicant shall provide a tree survey, showing size, type, and location
of all significant trees and stands of trees. Critical root zones shall be fenced prior to
construction with orange plastic mesh fencing or approved equivalent. Any significant trees
removed because their retention would unreasonably burden a development shall be replaced
with five-gallon-sized native species at a ratio of three to one. If the replacement trees are to
be planted on building lots, the developer shall provide adequate protection from damage
during construction, or planting shall occur after construction, in which case a planting plan
and security shall be provided to ensure their planting.
(e) If it is physically impossible to replant all replacement trees on-site, then the applicant may
mitigate the loss of trees by either planting trees on public property within the city as
approved by the community development director, and/or paying a mitigation fee into the
city's tree mitigation in-lieu fund. This fee shall be set forth in the city's fee resolution and
equal the cost of the trees and planting labor.
(f) If any significant tree identified to be protected pursuant to this section is removed or
damaged to the extent that its ability to survive is seriously threatened, without the city's
prior written consent, the loss shall be remedied pursuant to Section 20.28.040(c) (penalties
and remedies for violations), with the understanding that each tree so removed or damaged
shall be counted as a separate violation.
(g) If space that would otherwise be devoted to parking cannot be so used because of the
requirements of subsections (a) or (b), and, as a result, the parking requirements set forth
in Chapter 20.72 (Parking) cannot be satisfied, the number of required spaces may be
reduced by the number of spaces "lost" because of the provisions of subsections (a) and (b),
up to a maximum of fifteen percent of the required spaces.
20.76.124 Shade Trees on Lots.
(a) Each new or existing lot within the City shall maintain a minimum number of trees on-site,
as specified in Subsection (b). This section shall be enforced at the time that any land use or
building permit is issued. If fewer than the required trees exist on a lot for which a land use
or building permit is applied, the granting of the permit shall be conditioned on the planting
of trees to meet the requirements of this section.
(b) The minimum number of required trees depends on the Zoning District in which the site falls,
as follows:
Title 20—Land Use Code Chapter 20.76: Screening and Trees
City of Arlington 20.76 - 15 Revised October 2022June 2024
1. Residential Ultra Low Capacity, Residential Low Capacity, Residential Moderate
Capacity, Residential Medium Capacity, and Old Town Residential – 2 trees per lot.
2. All other zoning districts – The tree requirement is satisfied by compliance with
§20.76.020 (General Screening Standard), §20.76.090 (Special Screening Requirements),
§20.76.110 (Required Trees Along Dedicated Streets), and §20.76.130 (Shade Trees in
Parking Areas).
(c) If street trees are present or are required to be installed as part of a development or building
permit, said street trees may count toward one of the trees required by Subsection (b).
(d) Non street trees required per this section shall be a native species, have a minimum 1.5-inch
diameter at breast height (dbh), and attain a minimum height of 25 feet at maturity. Standards
for street trees are found in §20.76.110 (Required Trees Along Dedicated Streets).
(d)(e) Root barriers shall be provided for all trees planted adjacent to sidewalks, paved driving
areas, and paved parking areas. Root barrier shall be 18 inches deep and 6 feet wide.
(e)(f) At least one of the required trees should be planted near the rear property line of the lot.
The intent of this regulation is to create rows of trees behind and between rows of houses,
thus affording privacy and creating a forested view of the community when seen from ground
level.
(f)(g) The permit-issuing authority may relax or waive the requirements of this section if it can
be demonstrated that the intent of the section is met through existing vegetation, that
placement of trees on the site is physically unfeasible, or for valid urban forest management
reasons.
20.76.130 Shade Trees in Parking Areas.
(a) Vehicle accommodation areas as defined in §20.08.010 (Basic Definitions and
Interpretations) that are required to be paved by §20.72.060 (Parking Area Surfaces) must be
shaded by deciduous trees (either retained or planted by the developer) that have or will have
when fully mature a trunk at least 8 inches in diameter. When the developer plants trees to
satisfy the requirements of this subsection, the developer shall choose trees that meet the
standards set forth in the Department of Public Works’ Design Standards and Specifications.
(a)(b) Root barriers shall be provided for all trees planted adjacent to sidewalks, paved driving
areas, and paved parking areas. Root barriers shall be 18 inches deep and 6 feet wide.
(b)(c) Landscaping within vehicle accommodation areas shall meet the requirements of §20.46
(Design) and the Development Design Standards.
(c)(d) Each tree of the type described in Subsection (a) shall be presumed to shade a circular
area having a radius of 15 feet with the trunk of the tree as the center, and there must be
sufficient trees so that, using this standard, 20 percent of the vehicle accommodation area
will be shaded.
(d)(e) Except as noted in Subsection (d), no paving may be placed within 2½ feet (measured
from the center of the trunk) of any tree retained to comply with Subsection (a), and new
trees planted to comply with Subsection (a) shall be located so that they are surrounded by at
least 200 square feet of unpaved area.
(e)(f) Pervious paving (grasscrete, metal grating, etc.) may be used within 2½ feet of a tree if (i)
the parking lot is designed so that no significant run-off from the paved areas drains into the
area around the base of the tree(s) and (ii) barriers are placed in such a manner as to prevent
vehicles from damaging such trees.
Title 20—Land Use Code Chapter 20.76: Screening and Trees
City of Arlington 20.76 - 16 Revised October 2022June 2024
(f)(g) Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from
striking trees. Vehicles will be presumed to have a body overhang of three feet, six inches.
(g)(h) Vegetation shall be planted and maintained to prevent obstruction of driver visibility of
pedestrians and other vehicles.
Part III. Maintenance
20.76.140 Maintenance of Screening and Shading Elements.
All screening and shading elements required by this Chapter shall be maintained by the owner
for the life of the project to the following standard:
1. All plant material shall be maintained with respect to pruning, trimming, mowing,
watering, insect control, and fertilizing to maintain a healthy growing condition, create an
attractive appearance, and to accomplish the purpose for which it was required.
2. Dead, diseased, stolen, vandalized, or damaged plants shall be replaced within three
months with the plants indicated on the approved landscape plan.
3. All screening and shading elements shall be maintained reasonably free of weeds and
trash.
4. All screening and shading elements located within public rights-of-way shall be
maintained by the abutting property owner.
City of Arlington Council Agenda Bill Item: CA #8 Attachment I COUNCIL MEETING DATE: June 17, 2024 SUBJECT: Ordinance Approving Watanabe Rezone
Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The Watanabe Rezone is a privately initiated request to rezone two properties along 51st Avenue NE. The two parcels total 10 acres. The request is to rezone from the existing General Commercial with Mixed-Use Overlay zone to the Light Industrial zone. This item was placed on the 2024 Comprehensive Plan Amendment Docket. A Public Hearing was held on May 21, 2024 before the Planning Commission. There were no Public Comments regarding the rezone of the subject property. HISTORY: The proposed rezone is a total of 10 acres on two parcels (parcel numbers 31052800101700 and 31052800101000) from General Commercial with Mixed-Use Overlay zoning to Light Industrial. The property is within the Cascade Industrial Center. The subject properties are bordered by a mixed-use development to the north, which has utilized all of the allowed residential units in the Cascade Industrial Center, a public street to the east (51st Avenue NE), a legal non-conforming RV Park to the south and a future public street to the west (47th Avenue NE). The proposed rezone would utilize the permissible uses of the Light Industrial zone and Cascade Industrial Center regulations, which is more compatible for the property due to access, dimensions of the lot, and the surrounding area. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map and the City’s Official Zoning Map would need to be amended. ALTERNATIVES: Remand to staff for additional information. I move to approve the ordinance for the Watanabe Rezone and authorize the Mayor to sign the ordinance.
ORDINANCE NO. 2024-XXX 1
ORDINANCE NO. 2024–XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE
WATANABE PROPERTY ARLINGTON LAND USE MAP AMENDMENT
AND CONCURRENT REZONE UNDER CITY PLANNING NO. PLN 1170
WHEREAS, the City of Arlington has the authority to regulate land uses within the City,
and is in the process of its periodic annual review and update of the Comprehensive Plan; and
WHEREAS, included in the review of the Comprehensive Plan was a series of proposed
amendments to the City of Arlington Comprehensive Plan and Zoning Map; and
WHEREAS, the City Planning Commission considered the proposed Watanabe Land Use
Map amendment and Concurrent Rezone at docketing meetings on February 6, 2024 and
February 22, 2024, and then on May 7, 2024 and at a public hearing conducted on May 21, 2024;
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 proposed Watanabe Land Use Map
amendment and Concurrent Rezone initially at docketing meetings on March 11, 2024 and March
18, 2024; and
WHEREAS, the City Council considered the same at a workshop held on June 10, 2024,
and considered them along with the Planning Commission recommendations, at their regular
meeting conducted a public hearing on June 17, 2024; 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, review under the State Environmental Policy Act (SEPA) occurred with no
comments received; and
WHEREAS, the City Council has considered the proposed Watanabe Comprehensive Plan
amendment and Concurrent Rezone and finds it to be consistent with city and state law and in
the best interests of the citizens;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Findings. The City Council adopts the following findings as required by AMC
Chapter 20.96:
a. The subject property is suitable for an industrial project in general conformance
with adjacent land use and the surrounding development pattern, and with
zoning standards under the potential zoning classifications.
b. The proposed amendment is consistent with the goals, objectives, and policies
of the comprehensive plan;
ORDINANCE NO. 2024-XXX 2
c.The proposed amendment is consistent with the scope and purpose of the
city's zoning ordinances and the description and purpose of the zone
classification applied for;
d.Circumstances have changed substantially since the establishment of the
current zoning map or district to warrant the proposed amendment;
e.The proposed zoning is consistent and compatible with the uses and zoning of
surrounding property;
f.The property that is the subject of the amendment is suited for the uses
allowed in the proposed zoning classification; and
g.Adequate public services can be made available to serve the full range of
proposed uses in that zone.
Section 2. The City Council approves the Watanabe Arlington Land Use Map Amendment
and Concurrent Rezone. The comprehensive plan and zoning designation identified on Exhibit
“A” shall be modified from General Commercial with Mixed-Use overlay zoning to Light Industrial
and the City’s official zoning map and future land use map shall be amended to reflect this change
as depicted on Exhibit “A”.
Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of
this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take
effect and be in full force five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this ______ day
of _____________________, 2024.
CITY OF ARLINGTON
_____________________________
_ Don E. Vanney, Mayor
Attest:
__________________________________________
Wendy Van Der Meersche, City Clerk
Approved as to form:
___________________________________
Steven J. Peiffle, City Attorney
ORDINANCE NO. 2024-XXX 3
EXHIBIT A
Staff Report & Recommendation
Watanabe Rezone – PLN#1170
Page 1 of 6
CITY COUNCIL STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Meeting Date: June 10, 2024
Date Prepared: June 4, 2024
Regarding: Watanabe Rezone – PLN#1170
A. INTRODUCTION The Watanabe Rezone is a privately initiated amendment to the City of Arlington Comprehensive Plan, Future Land Use Map and Zoning Map, submitted under the 2024 Comprehensive Plan Annual Docket.
GENERAL INFORMATION
Applicant: Dale Watanabe and Daljit Dhillon
Project Description: Watanabe Rezone – Comprehensive Plan Amendment and Zoning Map Amendment
Requested Action: City Council Approval
B. DETAILED PROJECT INFORMATION The applicants each own a parcel in the proposed rezone area. They are proposing to rezone a total of 10 acres on two parcels (parcel numbers 31052800101700 and 31052800101000) from General Commercial zoning to Light Industrial. The property is within the Cascade Industrial Center. The subject properties are bordered by a mixed-use development to the north, which has utilized all of the allowed residential units in the Cascade Industrial Center, a public street to the east (51st Avenue NE), a legal non-conforming RV Park to the south and a future public street to the west (47th Avenue NE). The proposed rezone would utilize the permissible uses of the Light Industrial zone and Cascade Industrial Center regulations, which is more compatible for the property due to access, dimensions of the lot, and the surrounding area. The main reasons for the rezone include the following: 1. The Cascade Industrial Center allows for 500 residential units for work force housing per the Planned Action FEIS and Ordinance No. 2021-002. “The Outpost” development to the north of these properties has utilized all of these residential units, therefore restricting other properties with the mixed-use overlay in the Cascade Industrial Center to commercial only uses. 2. The subject properties have limited access points to public streets (51st Avenue and 47th Avenue) to complete a viable commercial project. Parcel No. 31052800101700 has a width of 156 feet on the east side and 312 feet on the west side, with a length between 990 to 1,260 feet. Parcel
Planning Division th
Staff Report & Recommendation
Watanabe Rezone – PLN#1170
Page 2 of 6
No. 31052800101000 has a width of 156 feet and a length of 270 feet. Commercial uses would not be viable without visibility from the public street. These properties are tucked away from the city’s main thoroughfares, which would create a vehicular only style shopping center. The City’s Development Design Standards require commercial uses to abut or be close to the street frontages and require pedestrian access throughout the site to create walkable communities and areas. Commercial development on these properties would not create this atmosphere. 3. The properties are incumbered by Arlington Municipal Airport Protection Subdistrict B and Inner Safety Zone (ISZ) Zone 2 on the eastern portions of the properties. Subdistrict B has general airport protection regulations for development. Inner Safety Zone 2 has specific regulations regarding maximum residential densities (if this was allowed) and a maximum non-residential density of 25 people per acre. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map and the City’s Official Zoning Map would need to be amended.
C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE:
Type of Determination Issued Date Distribution and Public Notice
SEPA Determination on Non-Significance (DNS) 4/22/2024 City Public Notice Website Emailed to Review Agencies Posted at City Hall, Arlington Library, Smokey Point Post Office The Herald Published Date – 4/23/2024 Comment Period – 4/23/2024 to 5/7/2024 Public comments received during the public comment period.
Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT:
Public Notice and
Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations 2/06/2024, 2/22/2024, 5/7/2024, 5/21/2024 Planning Commission Agenda Online Planning Commission Email Distribution List
Department of Commerce N/A Date Sent for 60-Day Review – 3/22/2024 Deadline for 60-Day Review – 5/21/2024 Planning Commission Public Hearing 5/21/2024 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List The Herald Published Date – 4/23/2024 City Council Public Meeting Presentations
Workshop: 6/10/2024 Meeting: 6/17/2024 City Council Agenda Online City Council Email Distribution List
Staff Report & Recommendation
Watanabe Rezone – PLN#1170
Page 3 of 6
3. COMPREHENSIVE PLAN COMPLIANCE:
Goal or Policy Goal or Policy Description Summary GO – 1 Ensure City Goals and Policies are consistent with the Growth Management Act. GO – 2 Continue to provide effective stewardship over the natural and built environments within the City, ensuring harmony between both environments through application of best practice techniques.
GL – 1
Work to ensure that the character and location of land uses optimize the economic benefit, enjoyment by residents, and protection of natural resources while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation through implementation of the following: a) Growth Management: Manage growth so that the delivery of public facilities and services will occur in a fiscally responsible manner to support development and redevelopment within the City. b) Economic Development: Attain the highest level of economic well-being possible for all citizens in Arlington through the achievement of a stable and diversified economy offering a wide variety of employment opportunities. c) Neighborhood Conservation: Achieve a well-balanced and well-organized combination of open space, commercial, industrial, recreation and public uses that are served by an efficient transportation network while protecting the fabric and character of residential neighborhoods.
PL-1.7 General Commercial (GC) – The General Commercial designation is intended to provide areas for a wide range of small to large footprint commercial uses, but typically in areas that would be used predominantly by local users. Such uses typically are conducted in individual buildings with large parking lots that are located toward the block or site interior and have adequate landscaping and screening. Mixed-Use development should be permissible.
PL-1.10
Light Industrial (LI) – This designation is intended to allow those types of industrial, wholesale, or service uses that have minimal impacts on surrounding properties. This is accomplished by having all activities done in completely enclosed structures. Due to the proximity of this zone to the Arlington Airport, care should be taken to ensure that uses are compatible with it, and that they will not impact airborne aircraft because of the height of structures, smoke, glare, lights which shine upwards, radio interferences from transmissions, nor any water impoundments or sanitary landfills which would create potential hazards from waterfowl to airborne aircraft. GL – 3 Work with affected jurisdictions to address cross-jurisdictional growth issues. PL – 3.1 The City should coordinate growth and development with adjacent jurisdictions to promote and protect inter-jurisdictional interests. GL – 12 Maintain a sufficient industrial land base in order to support a high ratio of jobs to households. PL – 12.1 Industrial land uses should be located in the vicinity of the Arlington Airport in order to take advantage of existing and anticipated transportation systems. PL – 12.2 The amount of land planned and allocated for industrial use should be reasonably scaled to meet the demonstrated demand. PL – 12.4 Industries with high job numbers that support the local resource processing needs should be encouraged. PL – 12.5 The city should pursue the designation of the Arlington-Marysville Manufacturing Industrial Center (AMMIC) in the Snohomish County Countywide Planning Policies and regional designation by Puget Sound Regional Council (PSRC).
Staff Report & Recommendation
Watanabe Rezone – PLN#1170
Page 4 of 6
Goal or Policy Goal or Policy Description Summary PL – 12.6 The City should support the development and growth of the Arlington-Marysville AMMIC by supporting a concentrated manufacturing and industrial base and by planning for future growth and infrastructure improvements. PL – 12.7 The City should develop appropriate zoning, design review and landscaping regulations so that manufacturing uses within the Arlington portion of the AMMIC are buffered from adjacent or abutting residential uses.
PL – 12.8 The City should ensure that at least 80% of the property within the AMMIC is planned and zoned for industrial and manufacturing uses. Compatible non-industrial uses shall be as allowed under PSRC certification and be conditioned to mitigate for potential conflicts with current and future industrial uses. GL – 15 Protect and enhance our various neighborhoods as follows: PL – 15.55 As this is the predominant location for future employment in Arlington, the City should actively seek appropriate development of this area in accordance with AMMIC and PSRC Regional Centers designation criteria. AMMIC – LU – 1 The AMMIC maintains a sufficient amount of industrial land to support a high ratio jobs to households. AMMIC – LU – 1.1 Ensure that at least 80% of the property within the AMMIC is planned and zoned for industrial and manufacturing uses to encourage the concentration of industrial uses within the center. AMMIC – LU – 1.3 Continue to restrict land uses incompatible with industrial uses, such as large retail use, high concentrations of housing, and unrelated office use. AMMIC – LU – 1.5 Ensure that the amount of land zoned for business and industrial use is adequate to meet 20-year employment forecast within the planning area boundaries. AMMIC – LU – 1.6 Attract development that has employment densities sufficient to accommodate the 20-year growth projection of 20,000 jobs by 2040. AMMIC – LU – 2 The Arlington Municipal Airport continues to be a hub for aerospace and aviation activity. AMMIC – LU – 2.2 Locate compatible industrial land uses in the vicinity of Arlington Airport in order to take advantage of existing and anticipated transportation systems. AMMIC – LU – 2.3 Provide a supportive business environment for start-up, light manufacturing and assembly businesses in the airport/industrial area. AMMIC – LU – 5 The AMMIC is consistent with regional planning policies. AMMIC – LU – 5.1 Ensure that the AMMIC is consistent with the goals and expectations established in the PSRC’s VISION 2040 and multi-county planning policies and the criteria for designated Manufacturing/Industrial Centers.
Staff Report & Recommendation
Watanabe Rezone – PLN#1170
Page 5 of 6
4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS
Regulation Meets (b) Amendments to the text of the comprehensive plan or to the proposed land use map may be made in accordance with provisions of this chapter. amendment and zoning map amendment has followed the provision of Chapter 20.96 by being processed through the 2024 Docket as a Comprehensive Plan Amendment. or Zoning Map Amendments. (a) An open recode public hearing shall be held before the planning commission for all amendments to the comprehensive plan. (c) The city shall give public notice of all public hearings as required per §20.24.020. (d) Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s comprehensive plan and zoning map at least sixty days in advance of prior adoption, as required by RCW 36.70A.106.
hearing at the May 21, 2024 Planning Commission Meeting. The public notice is described under Section 2 above. The proposed amendment was sent to the Department of Commerce on March 22, 2024 for the standard 60-day review.
Proposed Comprehensive Plan and Zoning Map Amendments. The planning commission shall issue for each docket item a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision for denial, which decision shall be forwarded to the city council for review and decision.
Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting.
Comprehensive Plan and Zoning Map Amendments. (a) Considering that the comprehensive plan and zoning maps were developed after significant study and public participation, the principles, goals, objectives, and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment to the comprehensive plan or zoning map of the city rests with the applicant. The city council’s approval, modification, deferral, or denial of an amendment proposal shall be based on the following criteria: appropriately addressed through the comprehensive plan, and the proposed amendment demonstrates a public benefit and enhances the public health, safety, and welfare of the city.
providing future opportunities for jobs in the Cascade Industrial Center. A future development would provide frontage improvements that would include sidewalks along 51st Avenue and 47th Avenue.
land use issues that are more appropriately addressed by an ongoing work program approved by the city council. issues or concerns. The city adopted the Cascade Industrial Center regulations through Ordinance No. 2021-002, which designated the subject properties for industrial type uses, limited the residential uses, and placed regulations on the type of commercial uses.
Staff Report & Recommendation
Watanabe Rezone – PLN#1170
Page 6 of 6
Regulation Meets (3) The proposed amendment addresses significantly changed conditions since the last time the pertinent comprehensive plan map or text was amended. “Significantly changed conditions” are those resulting from unanticipated consequences of an adopted policy or changed conditions on the subject property or its surrounding area, or changes related to the pertinent comprehensive plan map or text, where such change has implications of magnitude that need to be addressed for the comprehensive plan to function as an integrated whole.
properties were zoned General Commercial with Mixed-Use Overlay. The most significant changes were the Cascade Industrial Center designation, neighboring property utilizing the entire amount of allotted residential units, and the way the surrounding area has developed with industrial uses.
the comprehensive plan and other goals and policies of the city, the countywide planning policies, the Growth Management Act, other state or federal law, and the Washington Administrative Code and other applicable law.
Arlington Comprehensive Plan and Arlington-Marysville Subarea Plan that were used to show compliance for a future industrial use project on the subject properties.
(d) RECOMMENDATION Staff recommends that Arlington City Council approve the Watanabe Rezone, PLN#1170.
City of Arlington Council Agenda Bill Item: CA #9 Attachment J COUNCIL MEETING DATE: June 17, 2024 SUBJECT: Ordinance Approving Sno-Isle Library Rezone ATTACHMENTS: Ordinance, Proposed Map Changes, Planning Commission Findings of Fact, and Staff Report DEPARTMENT OF ORIGIN Community & Economic Development; Amy Rusko, Planning Manager 360-403-3550 EXPENDITURES REQUESTED: None BUDGET CATEGORY: BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: The Sno-Isle Library Rezone was initiated by the City and Library District to rezone a total of 0.63 acres on two parcels on the current Library site. The request is to rezone from the Ol d Town Residential District zoning to Public/Semi-Public zone. This item was placed on the 2024 Comprehensive Plan Amendment Docket. A Public Hearing was held on May 17, 2024 before the Planning Commission. There were no public comments regarding the rezone of the subject property. HISTORY: The City of Arlington and Sno-Isle Intercounty Rural Library District initiated rezone a total of 0.63 acres on two parcels (parcel numbers 00455400500100 and 00455400500500) from the Old Town Residential zone to the Public/Semi-Public zone. The properties are currently owned by the Sno-Isle Intercounty Rural Library District where they operate an existing library. The properties are surrounded by the Old Town Residential District and residential housing. The use of the property has been a library for over 20 years. While a library is allowed in the Old Town Residential District the use is more compatible with under Public/Semi-Public zoning. The rezone will allow any future expansions to the library to be reviewed under the Public/Semi-Public zone instead of the Old Town Residential District Design Standards, where only specific residential designs are used for structures. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map and the City’s Official Zoning Map would need to be amended. ALTERNATIVES: Remand to staff for additional information.
I move to approve the ordinance for the Sno-Isle Library Rezone and authorize the Mayor to sign the ordinance.
ORDINANCE NO. 2024-XXX 1
ORDINANCE NO. 2024–XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON, APPROVING THE
SNO-ISLE LIBRARY PROPERTY ARLINGTON LAND USE MAP AMENDMENT
AND CONCURRENT REZONE UNDER CITY PLANNING NO. PLN 1173
WHEREAS, the City of Arlington has the authority to regulate land uses within the City,
and is in the process of its periodic annual review and update of the Comprehensive Plan; and
WHEREAS, included in the review of the Comprehensive Plan was a series of proposed
amendments to the City of Arlington Comprehensive Plan and Zoning Map; and
WHEREAS, the City Planning Commission considered the proposed Sno-Isle Library Land
Use Map amendment and Concurrent Rezone at docketing meetings on February 6, 2024 and
February 22, 2024, and then on May 7, 2024 and at a public hearing conducted on May 21, 2024;
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 proposed Sno-Isle Library Land Use Map
amendment and Concurrent Rezone initially at docketing meetings on March 11, 2024 and March
18, 2024; and
WHEREAS, the City Council considered the same at a workshop held on June 10, 2024,
and considered them along with the Planning Commission recommendations, at their regular
meeting conducted a public hearing on June 17, 2024; 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, review under the State Environmental Policy Act (SEPA) occurred with no
comments received; and
WHEREAS, the City Council has considered the proposed Sno-Isle Library property
comprehensive plan amendment and concurrent rezone and finds it to be consistent with city
and state law and in the best interests of the citizens;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Findings. The City Council adopts the following findings as required by AMC
Chapter 20.96:
a. The subject property is suitable for public library in general conformance with
adjacent land use and the surrounding development pattern, and with zoning
standards under the potential zoning classifications.
b. The proposed amendment is consistent with the goals, objectives, and policies
of the comprehensive plan;
ORDINANCE NO. 2024-XXX 2
c.The proposed amendment is consistent with the scope and purpose of the
city's zoning ordinances and the description and purpose of the zone
classification applied for;
d.Circumstances have changed substantially since the establishment of the
current zoning map or district to warrant the proposed amendment;
e.The proposed zoning is consistent and compatible with the uses and zoning of
surrounding property;
f.The property that is the subject of the amendment is suited for the uses
allowed in the proposed zoning classification; and
g.Adequate public services can be made available to serve the full range of
proposed uses in that zone.
Section 2. The City Council approves the Sno-Isle Library Property Arlington Land Use
Map Amendment and Concurrent Rezone. The comprehensive plan and zoning designation
identified on Exhibit “A” shall be modified from Old Town Residential District zoning to Public/
Semi-Public and the City’s official zoning map and future land use map shall be amended to
reflect this change as depicted on Exhibit “A”.
Section 3. 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 4. Effective Date. The title of this Ordinance, which summarizes the contents of
this ordinance, shall be published in the official newspaper of the City. The Ordinance shall take
effect and be in full force five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor this 17th day of
June, 2024.
CITY OF ARLINGTON
______________________________
Don E. Vanney, Mayor
Attest:
__________________________________________
Wendy Van Der Meersche, City Clerk
Approved as to form:
___________________________________
Steven J. Peiffle, City Attorney
ORDINANCE NO. 2024-XXX 3
EXHIBIT A
Staff Report & Recommendation
Sno-Isle Library Rezone – PLN#1173
Page 1 of 5
CITY COUNCIL STAFF REPORT & RECOMMENDATION
To: City Council
From: Amy Rusko, Planning Manager
Meeting Date: June 10, 2024
Date Prepared: June 4, 2024
Regarding: Sno-Isle Library Rezone – PLN#1173
A. INTRODUCTION The Sno-Isle Library Rezone is a joint privately initiated and city-initiated amendment to the City of Arlington Comprehensive Plan, Future Land Use Map and Zoning Map, submitted under the 2024 Comprehensive Plan Annual Docket.
GENERAL INFORMATION
Applicant: Sno-Isle Intercounty Rural Library District and City of Arlington
Project Description: Sno-Isle Library Rezone – Comprehensive Plan Amendment and Zoning Map Amendment
Requested Action: City Council Approval
B. DETAILED PROJECT INFORMATION The applicant is proposing to rezone a total of 0.63 acres on two parcels (parcel numbers 00455400500100 and 00455400500500) from the Old Town Residential zone to the Public/Semi-Public zone. The properties are currently owned by the Sno-Isle Intercounty Rural Library District where they operate an existing library. The properties are surrounded by the Old Town Residential District and residential housing. The use of the property has been a library for over 20 years. While a library is allowed in the Old Town Residential District the use is more compatible with under Public/Semi-Public zoning. The proposed rezone to Public/Semi-Public zoning is to make the existing library property to be more in line with zoning. The rezone will allow any future expansions to the library to be reviewed under the Public/Semi-Public zone instead of the Old Town Residential District Design Standards, where only specific residential designs are used for structures. Approval by the City Council is required for all rezone applications. If the request is granted, the City’s Future Land Use Map and the City’s Official Zoning Map would need to be amended.
Planning Division th
Staff Report & Recommendation
Sno-Isle Library Rezone – PLN#1173
Page 2 of 5
C. REGULATORY REQUIREMENTS, FINDINGS, AND CONCLUSIONS 1. SEPA COMPLIANCE:
Type of Determination Issued Date Distribution and Public Notice
SEPA Determination on Non-Significance (DNS) 4/22/2024 City Public Notice Website Emailed to Review Agencies Posted at City Hall, Arlington Library, Smokey Point Post Office The Herald Published Date – 4/23/2024 Comment Period – 4/23/2024 to 5/7/2024 Public comments received during the public comment period.
Comment Summary City Response No comments received to date. Not Applicable 2. PUBLIC NOTIFICATION/INVOLVEMENT:
Public Notice and
Meeting Type Meeting Date(s) Distribution and Public Notice Planning Commission Public Meeting Presentations 2/06/2024, 2/22/2024, 5/7/2024, 5/21/2024 Planning Commission Agenda Online Planning Commission Email Distribution List
Department of Commerce N/A Date Sent for 60-Day Review – 3/22/2024 Deadline for 60-Day Review – 5/21/2024 Planning Commission Public Hearing 5/21/2024 City Public Notice Website Planning Commission Agenda Online Planning Commission Email Distribution List City Council Public Meeting Presentations
Workshop: 6/10/2024 Meeting: 6/17/2024 City Council Agenda Online City Council Email Distribution List
3. COMPREHENSIVE PLAN COMPLIANCE:
Goal or Policy Goal or Policy Description Summary GO – 1 Ensure City Goals and Policies are consistent with the Growth Management Act.
GO – 2 Continue to provide effective stewardship over the natural and built environments within the City, ensuring harmony between both environments through application of best practice techniques. GO - 3 Work towards promoting and maintaining an urban environment within the City that enhances livability for its residents.
GO – 4 Continue to use local resources and encourage local involvement in community actions. This should include continued encouragement of public and private involvement in community traditions, as well as encouragement of volunteerism.
Staff Report & Recommendation
Sno-Isle Library Rezone – PLN#1173
Page 3 of 5
Goal or Policy Goal or Policy Description Summary PO – 6.4 Land-use developments should be conducive to social interaction. PO – 6.5 Both publicly and privately owned civic spaces should be included in both commercial and residential neighborhoods to ensure adequate gathering places for residents.
GL – 1
Work to ensure that the character and location of land uses optimize the economic benefit, enjoyment by residents, and protection of natural resources while minimizing the threat to health, safety and welfare posed by hazards, nuisances, incompatible land uses and environmental degradation through implementation of the following: a) Growth Management: Manage growth so that the delivery of public facilities and services will occur in a fiscally responsible manner to support development and redevelopment within the City. c) Neighborhood Conservation: Achieve a well-balanced and well-organized combination of open space, commercial, industrial, recreation and public uses that are served by an efficient transportation network while protecting the fabric and character of residential neighborhoods. PL-1.13 Civic Space (CS) – This category is intended for use on all land that is publicly owned and will in all likelihood remain publicly owned. It allows public buildings and services, recreational uses, utilities, and transportation facilities. GL – 24 Promote equality in development regulations between private and public lands. PL – 24.1 Public and semi-public development should be held to the same development standards as private development. PL – 24.2 New public/semi-public development proposals should include the design and construction of walkways and/or sidewalks to integrate and link commercial activities and other neighborhoods within the Urban Growth Area. GP – 1 Maintain and support existing and future recreational and cultural activities. GP - 2 Provide a diverse range of recreational, cultural, and educational opportunities. MPP – DP – 38 Design public buildings and spaces that contribute to a sense of community and a sense of place. MPP – DP – 39 Identify and create opportunities to develop parks, civic places and public spaces, especially in or adjacent to centers.
Staff Report & Recommendation
Sno-Isle Library Rezone – PLN#1173
Page 4 of 5
4. COMPLIANCE WITH AMC CHAPTER 20.96 - AMENDMENTS
Regulation Meets (b) Amendments to the text of the comprehensive plan or to the proposed land use map may be made in accordance with provisions of this chapter. plan amendment and zoning map amendment has followed the provision of Chapter 20.96 by being processed through the 2024 Docket as a Comprehensive Plan Amendment. or Zoning Map Amendments. (a) An open recode public hearing shall be held before the planning commission for all amendments to the comprehensive plan. (c) The city shall give public notice of all public hearings as required per §20.24.020. (d) Staff shall transmit to the department of commerce copies of all proposed amendments to the city’s comprehensive plan and zoning map at least sixty days in advance of prior adoption, as required by RCW 36.70A.106.
hearing at the May 21, 2024 Planning Commission Meeting. The public notice is described under Section 2 above. The proposed amendment was sent to the Department of Commerce on March 22, 2024 for the standard 60-day review.
Proposed Comprehensive Plan and Zoning Map Amendments. The planning commission shall issue for each docket item a recommendation for approval, approval subject to recommended modifications or conditions of approval, continuance, or a decision for denial, which decision shall be forwarded to the city council for review and decision.
Findings of Fact that is signed by the Chair. City Staff then includes the Findings of Fact within the City Council packet for review prior to the City Council workshop and meeting.
Comprehensive Plan and Zoning Map Amendments. (a) Considering that the comprehensive plan and zoning maps were developed after significant study and public participation, the principles, goals, objectives, and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment to the comprehensive plan or zoning map of the city rests with the applicant. The city council’s approval, modification, deferral, or denial of an amendment proposal shall be based on the following criteria: appropriately addressed through the comprehensive plan, and the proposed amendment demonstrates a public benefit and enhances the public health, safety, and welfare of the city.
ensuring the property is zoned for public use of the library.
land use issues that are more appropriately addressed by an ongoing work program approved by the city council. issues, since the intent of the Sno-Isle Library is to remain on the property for public use.
Staff Report & Recommendation
Sno-Isle Library Rezone – PLN#1173
Page 5 of 5
Regulation Meets significantly changed conditions since the last time the pertinent comprehensive plan map or text was amended. “Significantly changed conditions” are those resulting from unanticipated consequences of an adopted policy or changed conditions on the subject property or its surrounding area, or changes related to the pertinent comprehensive plan map or text, where such change has implications of magnitude that need to be addressed for the comprehensive plan to function as an integrated whole.
completed when the property was owned by the City of Arlington. The city is proposing to clean up the zoning for the library use so the building can become more compliant with the current and future use of the site. The Old Town Residential District Design Standards that were implemented do not have commercial style buildings to choose from for development. The Public/Semi-Public zone will allow for any future expansions to clearly meet the zoning code requirements.
the comprehensive plan and other goals and policies of the city, the countywide planning policies, the Growth Management Act, other state or federal law, and the Washington Administrative Code and other applicable law.
Arlington Comprehensive Plan and Countywide Planning Policies that were used to show compliance for a future industrial use project on the subject properties.
(d) RECOMMENDATION Staff recommends that Arlington City Council approve the Sno-Isle Library Rezone, PLN#1173.
City of Arlington Council Agenda Bill NB #1 Attachment
June 17, 2024 Authorization to apply for Recreation and Conservation Office (RCO) Grant for Bicycle Pump Track
Resolution
Administration EXPENDITURES REQUESTED: None; no match required BUDGET CATEGORY: BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: pump track at Jensen Park.
The City of Arlington will use this grant to develop a bicycle pump track at Jensen Park, located in the Kent Prairie residential and business neighborhood of Arlington. A pump track is a paved track with a looped sequence of rollers and banked turns for bike riders and other wheel sports users of all ages and abilities. The City has included a pump track in the Park and Recreation Master Plan for Jensen Park. The park is 2.77 acres with abundant open space, playground, park shelter, and parking. There is adequate space for a pump track. Development will include design/engineering, permitting, construction of the track, access routes and signage. The need for children and adults to enjoy themselves and stay active is continually on the rise. Bike pump tracks are fun, challenging, healthy and community-building. ALTERNATIVES:
Applicant Resolution/Authorization
Organization Name (sponsor) ______________________________________________________________________________
Resolution No. or Document Name________________________________________________________________________
Project(s) Number(s), and Name(s)___________________________________________________________________________
This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect to the above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation
Office (Office).
WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s)
referenced above;
NOW, THEREFORE, BE IT RESOLVED that:
1.Our organization has applied for or intends to apply for funding assistance managed by the Office for
the above “Project(s).”
2.Our organization authorizes the following persons or persons holding specified titles/positions (and
subsequent holders of those titles/positions) to execute the following documents binding our
organization on the above projects:
Grant Document Name of Signatory or Title of Person Authorized to Sign
administering of the grant and
documents (Notice of Grant, Deed of
Right or Assignment of Rights if
applicable). These are items that are
typical recorded on the property with
The above persons are considered an “authorized representative(s)/agent(s)” for purposes of the documents
indicated. Our organization shall comply with a request from the RCO to provide documentation of persons
who may be authorized to execute documents related to the grant.
3.Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation
Office’s WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. Weunderstand and acknowledge that if offered an agreement to sign in the future, it will contain an
indemnification and legal venue stipulation and other terms and conditions substantially in the formcontained in the sample Agreement and that such terms and conditions of any signed Agreement shall
be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf.The Office reserves the right to revise the Agreement prior to execution.
4.Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized
representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their
assigned role/document.
5.Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is
purely voluntary on our part.
6.Our organization understands that grant policies and requirements vary depending on the grant
program applied to, the grant program and source of funding in the Agreement, the characteristics ofthe project, and the characteristics of our organization.
7.Our organization further understands that prior to our authorized representative(s)/agent(s) executing
any of the documents listed above, the RCO may make revisions to its sample Agreement and that suchrevisions could include the indemnification and the legal venue stipulation. Our organization accepts the
legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorizedrepresentative(s)/agent(s) as to any revisions to the project Agreement from that of the sample
Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes
the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall beconclusively deemed to be executed with our authorization.
8.Any grant assistance received will be used for only direct eligible and allowable costs that are reasonableand necessary to implement the project(s) referenced above.
9.[for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the grant,we understand our organization must certify the availability of match at least one month before funding
approval. In addition, our organization understands it is responsible for supporting all non-cashmatching share commitments to this project should they not materialize.
10.Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay
us on only a reimbursement basis. We understand reimbursement basis means that we will only requestpayment from the Office after we incur grant eligible and allowable costs and pay them. The Office may
also determine an amount of retainage and hold that amount until all project deliverables, grant reports,or other responsibilities are complete.
11.[for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant
assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to inwriting by our organization and the Office. We agree to dedicate the property in a signed “Deed of
Right” for fee acquisitions, or an “Assignment of Rights” for other than fee acquisitions (which
documents will be based upon the Office’s standard versions of those documents), to be recorded on
the title of the property with the county auditor. Our organization acknowledges that any property
acquired in fee title must be immediately made available to the public unless otherwise provided for in
policy, the Agreement, or authorized in writing by the Office Director.
12.[for Development, Renovation, Enhancement, and Restoration Projects Only–If our organizationownsthe project property] Our organization acknowledges that any property owned by ourorganization that is developed, renovated, enhanced, or restored with grant assistance must be
dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy,or Office in writing and per the Agreement or an amendment thereto.
13.[for Development, Renovation, Enhancement, and Restoration Projects Only–If your organization
DOES NOT own the property] Our organization acknowledges that any property not owned by ourorganization that is developed, renovated, enhanced, or restored with grant assistance must be
dedicated for the purpose of the grant as required by grant program policies unless otherwise providedfor per the Agreement or an amendment thereto.
14.[Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds
from the Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, RiparianProtection, or Urban Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or
the Puget Sound Acquisition and Restoration program, or a Salmon Recovery Funding Boardapproved grant] Our organization certifies the following: the Project does not conflict with the Puget
Sound Action Agenda developed by the Puget Sound Partnership under RCW 90.71.310.
15.This resolution/authorization is deemed to be part of the formal grant application to the Office.
16.Our organization warrants and certifies that this resolution/authorization was properly and lawfully
adopted following the requirements of our organization and applicable laws and policies and that ourorganization has full legal authority to commit our organization to the warranties, certifications,
promises and obligations set forth herein.
This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the
following authorized member(s):
Signed ________________________________________________________________________________________________________
Title ________________________________________________________________ Date _____________________________________
On File at:___________________________________________________________________________________________________
This Applicant Resolution/Authorization was adopted by our organization during the meeting held: (Local Governments and Nonprofit Organizations Only):
Location: ___________________________________________________________________Date:___________________________
Washington State Attorney General’s Office
Approved as to form _______________________________________________2/13/2020_____________________
Assistant Attorney General Date
You may reproduce the above language in your own format; however, text may not change.
City of Arlington Council Agenda Bill NB #2 Attachment June 17, 2024 Opioid Settlement Notice
Opioid Settlement Notice
Administration; Paul Ellis, City Administrator / Legal; Steve Peiffle, City Attorney EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: N/A BUDGETED AMOUNT: LEGAL REVIEW: DESCRIPTION: of states and local political subdivisions against regional supermarket pharmacy Kroger Co. related to alleged misconduct related to opioids.
The settlement requires Kroger Co. to pay over a billion dollars to abate the opioid epidemic. Of this amount, approximately $1.2 billion will be used by participating states and subdivisions to remediate and abate the impacts of the opioid crisis. Depending on participation by states and subdivisions, the settlement requires payments over eleven years after its effective date.
The settlement also contains injunctive relief governing opioid dispensing practices and requires Kroger Co. to implement safeguards to prevent diversion of prescription opioids. To join the settlement, Council must authorize the Mayor to sign the participation forms for this settlement agreement. The City’s share of the monies would be pooled and used to address local ALTERNATIVES:
authorize the Mayor or City Administrator to sign the participation forms and related documentation.
National Opioid Settlement: Kroger Co.
Arlington city, WA
Rubris Reference Number: CL-798916
TO LOCAL POLITICAL SUBDIVISIONS:
THIS NOTICE CONTAINS IMPORTANT INFORMATION ABOUT A NEW
NATIONAL OPIOID SETTLEMENT.
KROGER CO. SETTLEMENT OVERVIEW
A proposed nationwide settlement agreement (“Settlement”) has been reached that
would resolve the legal claims of states and local political subdivisions against
regional supermarket pharmacy Kroger Co. related to alleged misconduct related to
opioids.
The Settlement requires Kroger Co. to pay over a billion dollars to abate the opioid
epidemic. Of this amount, approximately $1.2 billion will be used by participating
states and subdivisions to remediate and abate the impacts of the opioid crisis.
Depending on participation by states and subdivisions, the Settlement requires
payments over eleven years after its effective date.
The Settlement also contains injunctive relief governing opioid dispensing practices
and requires Kroger Co. to implement safeguards to prevent diversion of
prescription opioids.
The proposed settlement has two key participation steps.
First, each eligible state decides whether to participate in each Settlement. A list of
participating states for each settlement can be found at
https://nationalopioidsettlement.com .
Second, eligible subdivisions within each participating state decide whether to
participate in the Settlement. The more subdivisions that participate, the more
funds flow to that state and its subdivisions. Any subdivision that does not
participate cannot directly share in any of the settlement funds, even if the
subdivision’s state is settling and other participating subdivisions are sharing in
settlement funds. If the state does not participate, the subdivisions in that state are
not eligible to participate in the Settlement.
WHO IS RUBRIS INC. AND WHAT IS THE IMPLEMENTATION
ADMINISTRATOR?
The Settlement provides that an Implementation Administrator will provide notice
and manage the collection of participation forms. Rubris Inc. is the Implementation
Administrator for this new Settlement and was also retained for the prior national
opioid settlements.
WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE?
Your state has elected to participate in the Settlement, and therefore your
subdivision may participate in that Settlement. This notice is also sent directly to
counsel for such subdivisions if the Implementation Administrator has their
information.
If you are represented by an attorney with respect to opioid claims, please contact
them. Subdivisions can participate in the Settlement whether or not they
filed a lawsuit or are represented.
WHERE CAN YOU FIND MORE INFORMATION?
Detailed information about the Settlement, including each settlement agreement,
may be found at: https://nationalopioidsettlement.com . This website also includes
information about how the Settlement are being implemented in most states and
how funds will be allocated within your state.
You are encouraged to review the settlement agreement terms and discuss the
terms and benefits with your counsel, your Attorney General’s Office, and other
contacts within your state. Information and documents regarding the Settlement
and your state allocation can be found on the settlement website at
https://nationalopioidsettlement.com .
Your subdivision will need to decide whether to participate in the proposed
Settlement, and subdivisions are encouraged to work through this process before
the August 12, 2024, deadline.
HOW DO YOU PARTICIPATE IN THE SETTLEMENT?
The Settlement requires that you take affirmative steps to “opt in” to the
Settlement.
In the next few weeks, you will receive documentation and instructions from the
Implementation Administrator or, in some cases, your Attorney General’s Office. In
order to participate in a settlement, a subdivision must sign and return the required
Participation Form.
Please add the following email addresses to your “safe” list so emails do not go to
spam / junk folders: dse_na3@docusign.net and opioidsparticipation@rubris.com.
Please monitor your email for the Participation Form and instructions.
All required documentation must be signed and returned on or before August 12,
2024.
City of Arlington Council Agenda Bill NB #3 Attachment June 17, 2024 Succession Planning
None
Administration; Paul Ellis, City Administrator EXPENDITURES REQUESTED: $150,000 BUDGET CATEGORY: BUDGETED AMOUNT: $0 LEGAL REVIEW: DESCRIPTION: full-time employee roster, to best prepare a succession plan. This will accommodate the transition of staff with some overlap and time to backfill existing positions. CED - add a temporary Deputy Director position that will conclude in April of 2025. Finance - add an Operations Analyst position that will prepare for two retirements in 2026. Police - Hire a patrol level officer position in 2024 that will backfill for the 2025 sergeants’ promotion.
ALTERNATIVES:
City of Arlington Council Agenda Bill NB #4 Attachment
June 17, 2024 Lodging Tax Advisory Committee Appointment
Redacted Application
Finance; Kristin Garcia, Director 360-403-3431 EXPENDITURES REQUESTED: N/A BUDGET CATEGORY: N/A BUDGETED AMOUNT: N/A LEGAL REVIEW: DESCRIPTION: organizations that collect the tax.” These individuals would be representing hotels within the City of Arlington. We have 1 application from Rachel Ralson representing the Hotel Services Group (Best Western). No other applications were received at this time. Staff recommends appointing Rachel to the committee as the committee will need to begin work in July for the 2025 grant awards. Staff will
Historically it has been difficult to find hoteliers to serve on the committee. Ms. Ralson has been a valuable contributor to the committee bringing much insight resulting in process improvements to the program. ALTERNATIVES:
Rachel Ralson
Arlington, WA 98223
✔
04/04/24
Good Afternoon,
I hope to continue serving on the Lodging Tax Advisory Committee, as I have had the privilege of
serving for several years and enjoy having an active role in the community and sharing insight and
preference for the funding of many exciting events with hopes to continue to stimulate the funding
through re-occurring, and new events that drive tourism to the City of Arlington.
Thank you for your time and consideration.