The Tables of Permissible Uses set forth the permissible uses within the respective zoning classifications in the city, subject to other applicable provisions in this title. It should be read in close conjunction with the definitions of terms set forth in Section 20.08.010 (Definitions of basic terms) and the other interpretative provisions set forth in this article. The tables are separated into five classifications: Residential Zones, Commercial and Mixed-Use Zones, Industrial Zones, Special Zones, and Public/Semi-Public Zone.

(Ord. 1388 § 3, 2006; Ord. 1363 § 3, 2005; Ord. 1309 § 5(part), 2003)

(Ord. No. 2013-010, § 3, 8-5-2013; Ord. No. 2014-002, § 3, 2-3-2014; Ord. No. 2015-021, § 2, 10-5-2015;Ord. No. 2022-018, § 1, 10-17-2022)

(a)

Subject to Section 20.40.030 (Community and economic development director jurisdiction over uses otherwise permissible with a zoning permit), when used in connection with a particular use in the table of permissible uses (Section 20.40.010), the letter "P" means that the use is permissible with a valid city business license. The letters "ZV" mean that the use is permissible with a zoning verification approval. The letters ACUP mean that the use is permissible with an administrative conditional use permit. The letter "Z" means that the use is permissible in the indicated zone with a zoning permit issued by the community and economic development director. The letter "S" means a special use permit must be obtained from the community and economic development director or hearing examiner, and the letter "C" means a conditional use permit must be obtained from the hearing examiner.

(b)

When used in connection with residential uses the designation "ZSC" means that such developments of less than twenty dwelling units must be pursuant to a zoning permit, developments of twenty or more but less than fifty dwelling units need a special use permit, and developments of fifty or more dwelling units require a conditional use permit.

(c)

When used in connection with nonresidential uses, the designation "ZS" or "ZC" means that such developments require a zoning permit if the total area to be developed is less than four acres in size, and a special or conditional use permit, respectively, if the total area is four acres or larger in area. The area to be developed shall be measured using a rectangular perimeter enclosing the full extent of the on-site development, including any development that may be necessary to meet the requirements of this title. If development occurs in succession over time, then a special or conditional use permit shall be required at the point when the entire developed or developing area surpasses four acres.

(d)

Use of the designation ZSC for combination uses is explained in Section 20.40.080 (Combination uses).

(Ord. 1309 § 5(part), 2003)

(Ord. No. 2015-021, § 3, 10-5-2015;Ord. No. 2022-018, § 1, 10-17-2022; Ord. No. 2024-019, § 1(Exh. A), 7-29-2024)

Editor's note— Ord. No. 2024-019, § 1(Exh. A), adopted July 29, 2024, amended the title of § 20.40.020 to read as herein set out. The former § 20.40.020 title pertained to use of the designations Z, S, C in tables of permissible uses.

Notwithstanding any other provisions of this chapter, whenever the Tables of Permissible Uses (interpreted in the light of Section 20.40.020 (Use of the Designations Z, S, C in Tables of Permissible Uses) and the other provisions of this chapter) provides that a use in a nonresidential zone or a nonconforming use in a residential zone is permissible with a zoning permit, a special use permit shall nevertheless be required if the community and economic development director finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the community and economic development director shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.

(Ord. 1309 § 5(part), 2003)

(Ord. No. 2022-018, § 1, 10-17-2022)

(a)

The presumption established by this title is that all legitimate uses of land are addressed within the tables of permissible uses and are either allowed or not allowed thereby. But because the list of permissible uses set forth in the tables of permissible uses cannot be all-inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

(b)

Notwithstanding Subsection (a), all distinct uses that are not listed in the tables of permissible uses, even given the liberal interpretation mandated by Subsection (a), are prohibited. Nor shall the tables of permissible uses be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts. Similarly, all uses listed but left blank under the zone compatibility columns are prohibited.

(c)

Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

(1)

Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the city's fire prevention code.

(2)

RV parks.

(3)

Outdoor storage unless permitted per Chapter 20.44.

(4)

Stand alone private parking lot.

(5)

Cannabis collective gardens.

(6)

Cannabis dispensaries.

(7)

Lattice towers.

(8)

Off-premises signs.

(9)

Mini-storage and storage units.

(10)

Stockyards, slaughterhouses, rendering plants.

(11)

Use of a travel trailer, motor home, or other recreational vehicle as a permanent residence. (Temporary residence is permitted under certain conditions pursuant to Section 20.44.044, Recreational vehicles as temporary dwelling units.)

(12)

Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business is conducted. This prohibition does not apply to temporary public services, such as bookmobiles, blood donation centers, public service information, or mobile sales and delivery. (Situations that do not comply with this subsection on the effective date of this title are required to conform within thirty days.)

(13)

The following activities, including any similar activities, are prohibited as home occupations in all zones: marijuana production, marijuana processing, and marijuana retail.

(Ord. 1309 § 5(part), 2003)

(Ord. No. 2014-002, § 4, 2-3-2014;Ord. No. 2021-012, § 1(Exh. A, § 2), 10-18-2021;Ord. No. 2022-018, § 1, 10-17-2022; Ord. No. 2024-019, § 1(Exh. A), 7-29-2024)

(a)

The tables of permissible uses classify different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in this table) is conducted in conjunction with another principal use and the former use (i) constitutes only an incidental or insubstantial part of the total activity that takes place on a lot, or (ii) is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the permit issued for the principal use.

(b)

For purposes of interpreting Subsection (a):

(1)

A use may be regarded as incidental or insubstantial if it is incidental or insubstantial in and of itself or in relation to the principal use.

(c)

Without limiting the generality of Subsections (a) and (b), the following activities, so long as they satisfy the general criteria set forth above, are specifically regarded as accessory to residential principal uses:

(1)

Offices or studios within an enclosed building and used by an occupant of a residence located on the same lot (or lots where the principal use occupies more than one lot) as such building to carry on administrative or artistic activities of a commercial nature, so long as such activities meet the definition of a home occupation.

(2)

The renting out of one or two rooms within a single-family residence (which one or two rooms do not themselves constitute a separate dwelling unit) other than on a daily or weekly basis to not more than two persons who are not part of the family that resides in the single-family dwelling.

(3)

Yard sales or garage sales, so long as such sales are not conducted on the same lot (or lots where the principal use occupies more than one lot) for more than three days (whether consecutive or not) during any ninety-day period.

(d)

Without limiting the generality of Subsections (a) and (b), the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts.

(1)

Abandoned vehicles as regulated by AMC Chapter 9.92 (Abandoned Vehicles).

(e)

Without limiting the generality of subsections (a) and (b), so long as they satisfy the general criteria set forth above, are specifically regarded as accessory for non-residential principal uses:

(1)

Incidental retail sale of items that are manufactured, produced, processed, or assembled within the same building and/or on the same parcel as the non-retail principal use.

(2)

Mobile sales and delivery.

(3)

Office for and within an industrial/manufacturing business within the light industrial and general industrial zones.

(4)

Religious assembly.

(5)

Storage, shipping, or moving container that is utilized by the principal use on the same property.

(6)

Daycare, for employees of the principal use, where allowed by the table of permissible uses or as part of an educational or religious building.

(Ord. 1309 § 5(part), 2003)

(Ord. No. 2015-021, § 4, 10-5-2015;Ord. No. 2022-018, § 1, 10-17-2022; Ord. No. 2024-019, § 1(Exh. A), 7-29-2024)

Notwithstanding any other provisions of this title, no zoning, special use, or conditional use permit is necessary for the following uses:

(1)

Electric power, telephone, telegraph, cable television, gas, water, sewer, and storm lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way.

(2)

Neighborhood, but not regional, utility facilities located within a public right-of-way with the permission of the owner (state or city) of the right-of-way.

(Ord. 1309 § 5(part), 2003)

(Ord. No. 2015-021, § 5, 10-5-2015;Ord. No. 2022-018, § 1, 10-17-2022)

(a)

A substantial change in use of property occurs whenever a new use or activity conducted on a lot creates a more intensive impact to the site in question or to the infrastructure of the city than the previous use, as determined by the community and economic development director and/or his or her designee.

(b)

A mere change in the status of property from occupied to unoccupied or vice versa does not constitute a substantial change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than one hundred eighty consecutive days or has been abandoned.

(c)

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a substantial change in use.

(d)

A substantial change to the use of a building or property is required to submit a change of use application and may require additional permitting on the property, such as site, landscaping or building design improvements to bring the current building or property up to current code requirements.

(e)

A change in use may require additional vehicle parking spaces, electric vehicle parking spaces, accessible parking spaces, exterior building design compliance, bicycle parking spaces, bicycle racks, pedestrian crosswalks, and/or pedestrian access points to streets and buildings.

(f)

Change of use permits requirements are listed in Chapter 20.44, Supplemental Use Regulations.

(Ord. 1411 § 32, 2007; Ord. 1309 § 5(part), 2003)

(Ord. No. 2022-018, § 1, 10-17-2022; Ord. No. 2024-019, § 1(Exh. A), 7-29-2024)

(a)

When a combination use comprises two or more principal uses that require different types of permits (zoning, special use, or conditional use), then the permit authorizing the combination use shall be:

(1)

A conditional use permit if any of the principal uses combined requires a conditional use permit.

(2)

A special use permit if any of the principal uses combined requires a special use permit but none requires a conditional use permit.

(3)

A zoning permit in all other cases.

(Ord. No. 1312, 11-17-2003; Ord. 1309 § 5(part), 2003)

(Ord. No. 2022-018, § 1, 10-17-2022)

Whenever a development could fall within more than one use classification in the Tables of Permissible Uses, the classification that most closely and most specifically describes the development controls.

(Ord. No. 2015-021, § 6, 10-5-2015;Ord. No. 2022-018, § 1, 10-17-2022)

These footnotes are intended to provide specific supplemental use regulations or specific code sections that may be applicable for the particular use to be allowed within a certain zone, as listed in the permissible use tables. If a particular use does not have a footnote, there still may be specific applicable regulations of the municipal code that are required to be met in order to permit the proposed use. If a proposed use is clearly intended to comply with specific supplemental use regulations or code sections, then it is subject to them. The community and economic development director or his/her designee will make the determination of whether specific supplement use regulations or code sections are applicable to a particular project.

(Ord. No. 2022-018, § 1, 10-17-2022; Ord. No. 2024-019, § 1(Exh. A), 7-29-2024)

(Ord. No. 2022-018, § 1, 10-17-2022)

Footnotes of the table of residential permissible uses:

¹ Subject to the old town residential design standards.

² A zoning permit is required if this use is located within a building designed and previously legally occupied as a residence. A special use permit is required if the use is located within any permissible building.

³ Subject to Section 20.44 Part II - Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land Conversion.

⁴ Subject to Section 20.38.080 - Performance standards and miscellaneous restrictions.

⁵ Subject to Section 20.44.032 - Subarea plans.

⁶ Subject to Section 20.44.020 - Unit lot subdivisions.

⁷ Unit lot subdivision for duplex lots only.

⁸ Subject to Chapter 20.114 - Alternative Energy Systems.

⁹ Subject to Chapter 5.44 - Parades, Athletic Events and other Special Events.

¹⁰ Subject to Section 20.44.048 - Temporary public structures. No permit is required for an emergency that includes a natural disaster, emergency response for a specific event, or emergency situation based on a state of emergency.

¹¹ Subject to Section 20.44.042 - Accessory dwelling units.

¹² Subject to Section 20.44.050 - Co-living housing.

¹³ Subject to Section 20.44 Part IV - Cottage Housing.

¹⁴ Subject to Section 20.44.060 - Minimum parcel sizes for Class A, B, or C mobile home.

¹⁵ Subject to Section 20.44.062 - Mobile home parks.

¹⁶ Subject to Section 20.44.068 - Adult family homes.

¹⁷ Subject to Section 20.44.070 - Homes emphasizing special services, treatment, or supervision (Z-ZV = Z: new structure or ZV: within an existing structure and ZS = Z: within an existing structure or S new structure).

¹⁸ Subject to Section 20.44.082 - Home occupations.

¹⁹ Subject to Section 20.44.034 - Wireless communications facilities.

(Ord. No. 2022-018, § 1, 10-17-2022; Ord. No. 2024-019, § 1(Exh. A), 7-29-2024)

Footnotes of the table of commercial and mixed-use permissible uses:

¹ Residential uses are only allowed in the general commercial, highway commercial, and neighborhood commercial zones when regulated by the mixed-use development regulations, Section 20.110. All permissible uses shall meet the use table requirements of the specific place type and transect of the property of the intended use.

² Commercial corridor uses are regulated by the mixed-use development regulations Section 20.110. All permissible uses shall meet the use table requirements of the specific place type and transect of the property of the intended use. Uses that are allowed but not specifically listed in the mixed-use development regulations have been listed in the above table.

³ Subject to Section 20.38.080 - Performance standards and miscellaneous restrictions.

⁴ Subject to Section 20.38.070 - Restrictions on certain use classifications on arlington airport property.

⁵ Subject to Section 20.44.064 - Trade or vocational schools in OTBD-1.

⁶ Subject to Section 20.44 Part II - Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land Conversion.

⁷ Subject to Section 20.44.020 - Unit lot subdivisions.

⁸ Subject to Chapter 20.114 - Alternative Energy Systems.

⁹ Subject to Chapter 5.44 - Parades, Athletic Events and other Special Events

¹⁰ Subject to Section 20.44.048 - Temporary public structures. No permit is required for an emergency that includes a natural disaster, emergency response for a specific event, or emergency situation based on a state of emergency.

¹¹ Subject to Section 20.44.016 - Mixed use developments.

¹² Subject to Section 20.44.082 - Home occupations.

¹³ Subject to Section 20.44.068 - Adult family homes.

¹⁴ Subject to Section 20.44.070 - Homes emphasizing special services, treatment, or supervision (Z-ZV = Z: new structure or ZV: within an existing structure and ZS = Z: within an existing structure or S new structure).

¹⁵ Subject to Section 20.40.050 - Accessory uses.

¹⁶ Subject to Section 20.44.080 - Administrative conditional use permit for mobile sales and delivery.

¹⁷ Subject to Section 20.44.034 - Wireless communications facilities.

(Ord. No. 2022-018, § 1, 10-17-2022; Ord. No. 2024-019, § 1(Exh. A), 7-29-2024)

Footnotes of the table of industrial permissible uses:

¹ Subject to the permissible uses of the Cascade Industrial Center Planned Action.

² Subject to Section 20.38.080 - Performance standards and miscellaneous restrictions.

³ Subject to Section 20.38.070 - Restrictions on certain use classifications on arlington airport property.

⁴ Subject to Section 20.40.050 - Accessory uses.

⁵ Subject to Section 20.44 Part II - Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land Conversion.

⁶ Subject to Section 20.08.010 - Definitions of basic terms and Section 20.48.040 - Building setback requirements.

⁷ Subject to Chapter 20.114 - Alternative Energy Systems.

⁸ Subject to Section 20.44.066 - Outdoor storage for scrap materials, salvage yards, junkyards, automobile graveyards, automobile recycling facilities, construction yards, and industrial or manufacturing uses.

⁹ Subject to Section 20.44.084 - Stand along office uses in the general industrial zone.

¹⁰ Priority in the center of excellence of the airport business park.

¹¹ Subject to Chapter 5.44 - Parades, Athletic Events and other Special Events.

¹² Subject to Section 20.44.048 - Temporary public structures. No permit is required for an emergency that includes a natural disaster, emergency response for a specific event, or emergency situation based on a state of emergency.

¹³ Subject to Section 20.44.080 - Administrative conditional use permit for mobile sales and delivery.

¹⁴ Subject to Section 20.44.010 - Solid waste, quarrying, mining, and similar uses.

¹⁵ Subject to Chapter 20.72 - Parking and Chapter 20.76 - Screening and Trees.

¹⁶ Subject to Section 20.44.034 - Wireless communications facilities.

(Ord. No. 2022-018, § 1, 10-17-2022; Ord. No. 2024-019, § 1(Exh. A), 7-29-2024)

Footnotes of the table of special zones permissible uses:

¹ Such uses allowed only for aviation related uses in compliance with the intent of the zone as established by Section 20.36.034 Aviation flightline district established and at the discretion of the Arlington Municipal Airport.

² Subject to Section 20.38.070 - Restrictions on certain use classifications on arlington airport property.

³ Subject to Section 20.38.080 - Performance standards and miscellaneous restrictions.

⁴ Such uses allowed only if in compliance with the intent of the zone as established in Section 20.36.036 - Medical services district established.

⁵ Subject to Chapter 20.44 Part II - Land Clearing, Grading, Filling, and Excavation and Chapter 20.80 Forest Land Conversion.

⁶ Subject to Chapter 20.114 - Alternative Energy Systems.

⁷ Subject to obtaining an Arlington Municipal Airport lease and compatible surrounding uses.

⁸ Subject to Section 20.44.070 - Homes emphasizing special services, treatment, or supervision.

⁹ Priority in the center of excellence of the airport business park.

¹⁰ Subject to Chapter 5.44 - Parades, Athletic Events and other Special Events.

¹¹ Subject to Section 20.44.048 - Temporary public structures. No permit is required for an emergency that includes a natural disaster, emergency response for a specific event, or emergency situation based on a state of emergency.

¹² Subject to Section 20.40.050 - Accessory uses.

¹³ Subject to Section 20.44.080 - Administrative conditional use permit for mobile sales and delivery.

¹⁴ Subject to Section 20.44.010 - Solid waste, quarrying, mining, and similar uses.

¹⁵ Subject to Section 20.44.034 - Wireless communications facilities.

(Ord. No. 2022-018, § 1, 10-17-2022; Ord. No. 2024-019, § 1(Exh. A), 7-29-2024)

Footnotes of the table of public/semi-public permissible uses:

¹ Such uses allowed only if in compliance with the intent of the zone as established in Section 20.36.040 - Public/semi-public district established.

² Subject to Section 20.40.050 - Accessory uses.

³ Subject to Section 20.44 Part II - Land Clearing, Grading, Filling, and Excavation.

⁴ Subject to Section 20.44.096 - Penal and correctional facilities.

⁵ Subject to Chapter 20.114 - Alternative Energy Systems.

⁶ Subject to Chapter 5.44 - Parades, Athletic Events and other Special Events.

⁷ Subject to Section 20.44.048 - Temporary public structures. No permit is required for an emergency that includes a natural disaster, emergency response for a specific event, or emergency situation based on a state of emergency.

⁸ Subject to Section 20.44.080 - Administrative conditional use permit for mobile sales and delivery.

⁹ Subject to Section 20.44.066 - Outdoor storage for scrap materials, salvage yards, junkyards, automobile graveyards, automobile recycling facilities, construction yards, and industrial or manufacturing uses.

¹⁰ Subject to Chapter 20.72 - Parking and Chapter 20.76 - Screening and Trees.

¹¹ Subject to Section 20.44.034 - Wireless communications facilities.

(Ord. No. 2022-018, § 1, 10-17-2022; Ord. No. 2024-019, § 1(Exh. A), 7-29-2024)