HomeMy WebLinkAbout65-03 - Ord. Amending County Development Regulations Title 16 Plats and Subdivisions ORDINANCE NUMBERb.S 03
AMENDMENTS TO THE MASON COUNTY DEVELOPMENT REGULATIONS
AND TITLE 16 (PLATS AND SUBDIVISIONS)
REGARDING BOUNDARY LINE ADJUSTMENTS .
AN ORDINANCE amending the Mason County Development Regulations , Ord. No . 82 -96 , Section
1 . 03 . 032 Development Densities and Dimensional Requirements and Section 1 . 04 . 200 Rural Residential
Development Standards , and to Title 16 (Plats And Subdivisions) , Chapter 16 . 40 . 040 , regarding boundary
line adjustments , under the authority and requirements of Chapters 36 . 70 , 36 . 70A, 36 . 70B , and 58 . 17
RCW.
WHEREAS , the Board of County Commissioners adopted these chapters and sections within the Mason
County Development Regulations in a public hearing on May 1 , 2000 ;
WHEREAS , the Development Regulations have standards that include boundary line adjustments, but the
standards did not adequately address encroachment issues and adequate building areas resulting from
proposed boundary line adjustments ;
WHEREAS , the Development Regulations have standards which address lot width in proportion to lot
depth but is difficult to implement and does not prevent reconfiguring parcels to odd-shaped lots .
WHEREAS , Mason County Title (Chapter 16 . 40 . 040) has standards for processing boundary line
adjustments but does not address reconfiguring lots with adequate areas for future development that meet
all of the standards (setbacks , buffers , necessary improvements) of site development.
WHEREAS , the Mason County Planning Commission formulated their recommendations after a public
hearing on May 19 , 2003 ;
WHEREAS , the Board of County Commissioners held a public hearing about the proposed revisions on
June 10 , 2003 , and continued the public hearing to July 1 , 2003 , to consider the recommendations of the
Planning Advisory Commission, and the testimony of the Mason County Department of Community
Development and citizens at the hearings on the proposed revisions to Mason County Development
Regulations , Section 1 . 03 . 032 Development Densities and Dimensional Requirements and Section
1 . 04 . 200 Rural Residential Development Standards, and to Title 16 (Plats And Subdivisions) , Chapter
16 , 40 . 040 , regarding boundary line adjustments ;
WHEREAS , the Mason County Board of County Commissioners has approved findings of fact to support
its decision as ATTACHMENT A;
NOW , THEREFORE , BE IT HEREBY ORDAINED , that the Board of Commissioners of Mason County
hereby approves and ADOPTS the amendments to the Mason County Development Regulations , Ord. No .
82 -96 , Section 1 . 03 . 032 Development Densities and Dimensional Requirements and Section 1 . 04 . 200
Rural Residential Development Standards , and amendments to Title 16 (Plats And Subdivisions) , Chapter
16 . 40 . 040 , regarding boundary line adjustments , as amended, as described by ATTACHMENT B .
ORDINANCE NO .� 03 , page 2
DATED this ~ ' day of July, 2003 .
Board of County Commissioners
Mason County, Washington
ATTEST :
Herb Baze, Chair
Clerk of he Board
ZL
Wesley BjJohi s n, Commissioner APPROVED AS TO FORM :
Jayi . Ka n, Commissioner Deputy Prosecuting Attorney
ATTACHMENT A
AN ORDINANCE AMENDING
THE MASON COUNTY EVEL EN REGULATIONS (Ord. No. 2-96)
AND TITLE 16 (PLATS AND SUBDIVISIONS)
REGARDING BOUNDARY LINE ADJUSTMENTS .
MASON COUNTY BOARD OF COMMISSIONERS
July 1 , 2003
FINDINGS OF FACT
1 . Under consideration is the proposed ordinance to make revisions to the Mason
County Development Regulations Section 1 . 03 . 032 Development Densities and
Dimensional Requirements and Section 1 . 04 . 200 Rural Residential Development
Standards , and to Title 16 (Plats And Subdivisions) regarding boundary line adjustments .
2 . Mason County had received complaints from the development community about
the inflexibility of the County' s boundary line adjustment standard . The County finds
that these revisions will allow for greater flexiblity in the application of county
regulations while simultaneously meeting the goals of the Growth Management Act .
3 . The Mason County Development Regulations (Ord. No . 82 - 96) , adopted on May
1 , 2000, contains Chapter 1 . 03 . 032 Development Densities and Dimensional
Requirements, including boundary line adjustments . These standards did not adequately
address encroachment issues and adequate building areas resulting from proposed
boundary line adjustments .
4 . The Mason County Development Regulations contains Section 1 . 04 . 200 Rural
Residential Development Standards , which address lot width in proportion to lot depth.
This standard is difficult to implement and does not accomplish its intended purpose of
preventing odd-shaped lots .
5 . Title 16 (Chapter 16 . 40 . 040) has standards for processing boundary line
adjustments but does not address reconfiguring lots with adequate areas for future
development that meet all of the standards (setbacks , buffers , necessary improvements)
of site development .
6 . At the April 21 , 2003 and May 19 , 2003 Mason County Planning Advisory
Commission meetings , the Department of Community Development presented the current
boundary line adjustments standards ; a discussion of the concerns by property owners ,
surveyors , and title companies ; and the proposed ordinance text that addresses
encroachment issues and adequate building areas . In their review, the Planning Advisory
Commission members asked questions of staff on the current standards and the impact of
the changes in ordinance text on boundary line adjustment review ; following their
discussion, members approved a motion to recommend adoption of the new revisions in
Development Regulations Section 1 . 03 . 032 and Section 1 . 04 . 200, and changes to Title 16
Chapter 16 . 40 . 040 .
7 . At the June 10 , 2003 and July 1 , 2003 Mason County Board of Commissioners
public hearings, the Department of Community Development presented the current
development standards and current concerns , and the proposed ordinance text, as
recommended by the Planning Advisory Commission, that addresses the lots
reconfigured by proposed boundary line adjustments . The questions from the County
Commissioners focused on how the ordinance changes would affect the boundary line
adjustment process and a person ' s use of the adjusted lot or lots , and on the input from
title companies and surveyors who help various property owners apply for boundary line
adjustments .
From the preceding findings , the Mason County Board of Commissioners adopted a
motion to include the proposed revised text to the Mason County Development
Regulations Section 1 . 03 . 032 Development Densities and Dimensional Requirements and
Section 1 . 04 . 200 Rural Residential Development Standards , and to Title 16 (Plats And
Subdivisions) regarding boundary line adjustments , as presented by the Mason County
Department of Community Development.
Chair, Mason County Board of Commissioners Date
ATTACHMENT
MASON COUNTY DEVELOPMENT REGULATIONS AMENDMENTS (ORD. 82- 96 , AS
AMENDED)
L03 . 032 Development Densities and Dimensional Requirements
A . Development Densities . Development densities for residential development are
calculated as the allowed number of dwelling units per acre (DU/ac) . For non-residential
development, development densities are calculated as the amount of building floor area
allowed per gross acre of land, the "floor area ratio" (FAR) . For all Development Areas
within the County, these development densities are shown in FIGURE 1 , 03 . 032 or are
included in Chapter 1 . 04 for Rural Lands .
B . This chapter regulates residential lot development through the use of Standard
Residential Density limits and Maximum Residential Density limits , as contained in
Figure 1 . 03 . 032 and Chapter 1 . 04 . The Standard Residential Density shall be applied as
follows :
1 . On a lot existing at the time of the initial adoption of this chapter (June 17, 1998)
and otherwise suitable for residential use , the Standard Residential Density limit
is used to determine the allowed number of dwelling units on the site . For
example, in the Rural Afea Residential 5 zone, a Standard Residential Density
is one dwelling unit per five acres . Therefore , a lot of five acres would comply
with the Standard Residential Density requirement for one dwelling.
2 . If said existing lot does not have an adequate area to comply with the applicable
Standard Residential Density requirement, then one dwelling unit may be
allowed. For example, in the Rural Activity Centers the Standard Residential
Density is one dwelling unit per 2 . 5 acres . Therefore , if a lot was Iess than 2 . 5
acres, a dwelling unit may be allowed, provided that the lot could comply with
all other applicable standards and requirements .
3 . a. Except through an approved subdivision or performance subdivision pursuant
to Mason County Code Title 16 no residential lot of less than the Standard
Residential Density may be created or reduced in size . exeept *h,.etigh
Code Title 1 , nr'v hie i The allowed residential density (allowed number of
dwelling units) of the entire original property is allocated to the lots created , or
through the provisions of 3b , 3c , or 3d below. For example, in the Rural Area
Residential 5 zone, the Standard .Residential Density is one dwelling unit per
five acres . Therefore , a Rural Area property or parcel of 20 acres might be
divided into three lots of 2 acres each and one lot of 14 acres , provided that the
14 -acre lot would have the right to only one dwelling and could not be further
subdivided for residential purposes .
June 2 2003 text is underlined; deleted text is struck through ; June 16, 2003 change is italics.
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3 . b . If a lot has more than one , but not more than four, existing residential dwellings ,
then the Administrator Direeto may approve the division of the lot in a manner
that establishes each dwelling on a separate lot. Provided that :
( 1 ) Any new lot created by this method shall be considered a conforming
lot .
(2) The provisions of this section shall apply only to lots and dwellings
that were legally created and built .
(3 ) The provisions of this section shall not apply to dwellings that were
permitted as accessory dwellings or temporary dwellings .
(4) In approving such a subdivision . of land, the Administrator Direeter
shall make the following determinations :
(a) Each dwelling shall have access by frontage or easement to
a public way;
(b) Each dwelling shall be connected to a septic system or sewer
line adequate to serve the dwelling;
(c) Each dwelling shall be served by a sufficient supply of
potable water; and
(d) The division of land shall occur in a manner that minimizes
any non-conformity related to minimum lot size or setback
requirement.
3 . c Boundary line adjustments .
( 1 ) Boundary line adjustments to existing lots in rural residential districts
may reduce the size of a lot that is already non-conforming as to
density, provided that the lot is not reduced below the minimum lot
size of 2 acres . When , ^^ a , s tr a fre
not meet the
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f2 ) Boundary line adjustments in rural residential districts for existing lots
under 2 acres may reduce the size of the existing non-conforming lot
provided that :
(i) the adjustment is solely for the purpose of resolving issues of
encroachments by buildings or other improvements; the Administrator
finds sufficient evidence of the encroachment and the proposed
adjustment is the minimum necessary to resolve the issue or a court
must order the change ; and the resulting lot has a sufficient area and
dimension to meet minimum requirements for width and area for a
building site and comply with all setback buffer, and open space
requirements to accommodate a residence driveway, parking and
where required, a well stormwater system and septic system and
reserve area; Or
(ii) the new boundaa recognizes a logical physical boundM or
condition ; the net reduction does not exceed 20 percent of the area of
the lot ; and the resulting lot has a sufficient area and dimension to
meet minimum requirements for width and area for a building site
exclusive of all setback buffer, and open space requirements to
accommodate a residence , driveway, parking, and where required a
well , stormwater system and septic system and reserve area
June 2 2003 text is underlined; deleted text is struck through ; .tune 16, 2003 change is italics . 2
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(3 ) Boundary line adjustments in rural residential districts may reduce the
size of a lot currently 2 acres or larger to below the minimum lot size
of 2 acres , provided that : the adjustment is solely for th eurnose of
resolving issues of encroachments by buildings or other
improvements ; the Administrator finds sufficient evidence of the
encroachment and the proposed adjustment is the minimum necessary
to 'resolve the issue or a court must order the change ; and the
resulting lot has a sufficient area and dimension to meet minimum
requirements for width and area for a building site exclusive of all
setback buffer, and open space requirements to accommodate a
residence. driveway, narking. and. where required a well stormwater
system, and septic system and reserve area
Boundary line adjustments in the Rural Residential 5, 10, and 20
districts. may reduce the size of a lot to below the development density
standard, provided that: the adjustment is solely for the purpose of
resolving issues of encroachments by buildings or other
improvements; the Administrator finds sufficient evidence of the
encroachment and the proposed adjustment is the minimum
necessary to resolve the issue, or a court must order the change; and
the resulting lot has a sufficient area and dimension to meet minimum
requirements for width and area for a building site, exclusive of all
setback, buffer, and open space requirements, to accommodate a
residence, driveway, . parking, and, where required, a well,
stormwater system, and septic system and reserve area.
(52) The Administrator may allow expansion of existing lots through
boundary line adjustments into adjoining land use districts without
requiring compliance with lot size or density requirements of the
adjoining district, provided that the adjustment is solely for the
purpose of resolving issues of encroachments by buildings or other
improvements an-adverseTosses&ien-ehaim. In order to approve the
gtjj mentLthe Administrator must find sufficient evidence of the
encroachment and the proposed adjustment is ad-v r ^�
e 'laim elect and eemineing a the minimum necessary to resolve the
issue, or a court must have ordered the claim grantedthe elftim, in
Ofde app^=„,o e-tm— t��t. The Administrator shall keep a
docket of such approvals for consideration as map amendments at the
next annual review.
(5 ) When land is transferred from an existing lot that does not meet the
density requirement to another lot under this provision no rights to
I
ncrease density are transferred with the land
3 . d . When property is acquired in fee ownership by the public for public purposes
by condernnation or other means :
( 1 ) no existing lot shall be reduced in dimension or area such that it does
not have an adequate area, exclusive of all setback, buffer, and open
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space requirements , to accommodate a residence (or other building
where residential use is prohibited) , driveway, parking, and, where
required, a well , stormwater system, and septic system and reserve
area; and
(2) no rural residential district lot shall be divided in such a rrianner that
the total number of residential units allowed after the acquisition
would be greater than the total number of residential units allowed
prior to the acquisition, but outlots may be created .
(3) Acquisition of an easement for road right-of-way does not divide the
property.
4 . Title 16 , Mason County Code , regulates land divisions in Mason County and
establishes a review process by which all applicable regulations can be
addressed. The allowable size and configuration of any given lot in a land
division is determined through this process . Issues to be considered in
establishing a minimum size for any particular lot shall include adequate .
provisions for buffer yards , as set forth in Section 1 . 03 . 036 , or setbacks in
Chapter 1 . 04 ,
C . Dimensional Requirements . Dimensional requirements include setbacks, building
height restrictions , and maximum allowed lot coverage . These requirements for each
Development Area are set forth in FIGURE 1 . 03 . 032 . Maximum height restrictions
shall not apply to storage silos, antennas , transmission towers, or water tanks .
June 2 2003 text is underlined ; deleted text is struck through ; June 16, 2003 change is italics . 4
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1 . 04
Rural Lauds Development Standards
I . 04 . 200 RURAL RESIDENTIAL
L04 . 210 Rural Residential 2 . 5 2 . 5)
1 . 04 . 211 Purpose. This district provides for residential development, at a density of 2 . 5 acres per
residential lot, and where areas of small lot residential development and subdivisions patterns were
established before December 5 , 1996 ,
1 . 04 . 212 Uses Permitted.
A. USES : Single family residential , Hobby farm (Small scale commercial agriculture, including
aquaculture and wood lots) , Group homes , Cell towers , Public utilities .
Be ACCESSORY USES : Cottage Industry (home occupation)
1 . 04 . 213 Lot Requirements.
A . Density and lot size . Maximum of 1 dwelling unit per 2 . 5 acres and one accessory dwelling unit
per parcel; a minimum lot size of 2 acres, except as provided for in an approved performance
subdivision .
B . Lot width and depth. All lots shall have a minimum aver-age .: ath of t t, third f
�+a yr
the fnedian length and a minimum width at any point of 50 feet.
C . Front yard setback. 25 feet
D . Side and rear yard setbacks . Side and rear yard setbacks for the residential dwelling and accessory
building is 20 feet, and for accessory structures used for agricultural purposes or home
occupations is 50 feet . Exception to the side yard standard is allowed on a parcel with a lot
width up to 100 feet and a lot size up to 1 acre : the required side yard setback for a residential
dwelling and accessory structures shall be equal to 10 percent of the lot width but in no case shall
be less than 5 feet from the property line .
E . A lot created by short plat, large lot or long plat subdivision which is restricted to special
purposes , such as storm water storage, community play, areas , or utility facilities , and is restricted
by perpetual covenants meeting county requirements to said purpose, is not required to meet
minimum lot size requirements .
1 . 04 .214 Building Regulations.
A . Floor Area Ratio . 1 : 10
Be Size . 3 , 000 sq . feet maximum for non-agricultural and accessory buildings except for dwellings
and agricultural buildings .
C . Height . 35 feet except for agricultural buildings , cell towers , antennas , or water tanks .
1 . 04 . 216 Off-street parking.
Two spaces per lnt
1 . 04 . 217 Special Provisions,
A . Cell towers shall be .located per Ordinance No . 5 -98 Telecommunication Towers .
Be Accessory dwelling units are required to meet Section 1 . 03 . 029 standards .
C . Government operated day care centers , essential public facilities , community centers , and schools
may exceed 3 , 000 sq . feet as approved by a special use permit .
D . Essential public facilities, commercial day care centers , and schools which were in existence prior
to June 17 , 1996 and without a prior special use permit, may expand up to 15 % cumulatively
from their size prior to June 17 , 1996 , without a special use permit . Expansions over 15 % will
require a special use permit .
E . Front yard and side yard setback may be reduced as provided in Section 1 . 05 . 034 . 0 or
1 . 05 . 034 . D .
MASON COUNTY DEVELOPMENT REGULATIONS June 2003 DCD version [Pek4ed text is strikeout] 5
1 . 04 . 220 Rural Residential 5 5)
L04 . 221 Purpose . This district provides for residential development on parcels of 5 acres or more .
1 . 04 . 222 Uses Peranitted .
A . USES : Single family residential , Hobby farm ( Small scale commercial agriculture , including
aquaculture and wood lots) , Church, Local community and recreation centers , Group homes , Cell
towers , Fire station, Fish hatchery, Public utilities .
Be ACCESSORY USES : Cottage Industry (home occupation) , Single family residence .
C . SPECIAL PERMIT REQUIRED USES : Essential public facility, Schools , commercial day care
centers , Home occupations and Cottage Industries that do not meet the standards in Section
I n3 . n21 .
1 . 04 . 223 Lot Requirements ,
A . Density and lot size . Maximum of 1 principal residence per 5 acres or 1 / 128th of a section and
one accessory dwelling unit per parcel ; minimum lot size of 2 acres , except in an approved
performance subdivision the minimum lot size is 20 , 000 sq . ft. , and except for fire stations .
Be Lot width and depth. All lots shall havewidth fnat less t1 third a 41tTTI1r- 'Vf
the median length and a minimum width at any point of 50 feet.
C . Front yard setback. 25 feet
D . Side and rear yard setbacks . Side and rear yard setbacks for the residential dwelling is 20 feet, for
accessory buildings shall be 20 feet, for accessory structures used for agricultural purposes or
home occupations shall be 50 feet, and for buildings of non-residential land uses shall be 25 feet.
Exception to the side yard standard is allowed on a parcel with a lot width up to 100 feet and a lot
size up to 1 acre : the required side yard setback for a residential dwelling and accessory structures
shall be equal to 10 percent of the lot width but in no case shall be less than 5 feet from the
property line .
E . A lot created by short plat, large lot or long plat subdivision which is restricted to special
purposes , such as storm water storage , community play areas, or utility facilities, and is restricted
by perpetual covenants meeting county requirements to said purpose, is not required to meet
minimum lot size requirements .
1 . 04. 224 Building Regulations.
A. Floor Area Ratio . 1 : 20, except for fire stations .
Be Size . 3 , 000 sq. feet maximum for non-agricultural and accessory buildings except for dwellings
and agricultural buildings .
C . Height. 35 feet except for agricultural buildings , cell towers, antennas , or water tanks .
1 . 04 . 226 Off-street parking.
Two spaces per residence . See Parking Ordinance for other land uses ; parking setback for non-residential
land uses shall be 25 feet .
1 . 04 . 227 Special Provisions.
A. Cell towers shall be located per Ordinance No . 5 - 98 Telecommunication Towers .
B . Accessory dwelling units are required to meet Section 1 . 03 . 029 standards .
C . Government operated day care centers , essential public facilities , community centers , and schools
may exceed 3 , 000 sq . feet as approved by a special use permit.
D . Essential public facilities , commercial day care centers , and schools which were in existence prior
to June 17 , 1996 and without a prior special use permit, may expand up to 15 % cumulatively
from their size prior to June 17 , 1996 , without a special use permit . Expansions over 15 % will
require a special use permit .
E . Front yard and side yard setback may be reduced as provided in Section 1 . 05 . 034 . 0 or
1 . 05 . 034 . D .
MASON COUNTY DEVELOPMENT REGULATIONS June 2003 DCD version [DeL&ted text is strikeout] 6
1 . 04 . 230 Rural Residential 10 10)
1 . 04 . 231 Purpose . This district provides for new residential development on parcels of 10 acres or more .
1 . 04 . J32 Uses Permitted .
A . USES : Single family residential , Hobby farm (Small scale commercial agriculture, including
aquaculture and wood lots) , Church, Local community and recreation centers , Group homes , Cell
towers , Fire station, Fish hatchery, Public utilities .
Be ACCESSORY USES : Cottage Industry (home occupation) , Single family residence .
C . SPECIAL PERMIT REQUIRED USES : Essential public facility, Commercial Child Care
Centers , and Home occupations and Cottage Industries that do not meet the standards in Section
1 M n ? l
1 . 04 . 233 Lot Requirements .
A . Density and lot size . Maximum of 1 principal residence per 10 acres or 1 /64th of a section and
one accessory dwelling unit per parcel ; minimum lot size of 2 acres , except as provided for in an
approved performance subdivision the maximum density which may be allowed is 1 dwelling per
5 acres or 1 / 128th of a section and minimum lot size is 20 , 000 sq . ft.
Be Lot width and depth. All lots shall have - a +� r +h +r a
a u yr
th' and a minimum width at any point of 50 feet.
C . Front yard setback. 25 feet
D . Side and rear yard setbacks . Side and rear yard setbacks for the residential dwelling is 20 feet,
and accessory buildings shall be 20 feet, and for accessory structures used for agricultural
purposes or home occupations shall be 50 feet . Exception to the side yard standard is allowed on
a parcel with a lot width up to 100 feet and a lot size up to l acre : the required side yard setback
for a residential dwelling and accessory structures shall be equal to 10 percent of the lot width but
in no case shall be less than 5 feet from the property line .
E . A lot created by short plat, large lot or long plat subdivision which is restricted to special
purposes , such as storm water storage, community play areas, or utility facilities , and is restricted
by perpetual covenants meeting county requirements to said purpose , is not required to meet
minimum lot size requirements .
1 . 04 . 234 Building Regulations.
A. Floor Area Ratio . 1 :20 , except for fire stations .
Be Size . 3 , 000 sq . feet maximum for non-agricultural and accessory buildings except for dwellings
and agricultural buildings .
C . Height . 35 feet except for agricultural buildings , cell towers, antennas , or water tanks .
1 . 04. 236 Off-street parking.
Two spaces per residence . : See Parking Ordinance for other land uses ; parking setback for non-residential
land uses shall be 25 feet .
1 . 04 . 237 Special Provisions .
A . Cell towers shall be located per Ordinance No . 5 -98 Telecommunication Towers .
Be Accessory dwelling units are required to meet Section 1 . 03 . 029 standards .
C . Government operated day care centers , essential public facilities , community centers , and schools
may exceed 3 , 000 sq . feet as approved by a special use permit .
D . Essential public facilities, commercial day care centers , and schools which were in existence
prior to June 17 , 1996 and without a prior special use permit, may expand up to 15 %
cumulatively from their size prior to June 17 , 1996 , without a special use perrnit. Expansions
over 15 % will require a special use penjnit .
E . Front yard and side yard setback may be reduced as provided in Section I . 05 . 034 . 0 or 1 . 05 . 034 . D .
MASON COUNTY DEVELOPMENT REGULATIONS June 2003 DCD version [Deleted text is strikeout]
1 . 04 . 240 Rural Residential 20 20)
1 . 04 . 241 Purpose . This district provides for new residential development on parcels of 20 acres or more .
1 . 04 . 242 Uses Permitted .
A . USES : Single family residential , Hobby farm (Small scale commercial agriculture, including
aquaculture and wood lots) , Church, Local community and recreation centers , Fire station , Fish
hatchery, Cell towers , Public utilities .
Be ACCESSORY USES : Cottage Industry (home occupation) , Single family residence .
C . SPECIAL PERMIT REQUIRED USES : Essential public facility, Home occupations and Cottage
Industries that do not meet the standards in Section 1 .03 . 021 .
1 . 04 . 243 Lot Requirements .
A . Density and lot size . Standard density of 1 nrincinal re..6dence per 20 arreg pr 1 /32nd oFa SeCti ^"
., r - -- - - -r' -- r "` vu
and one accessory dwelling unit per parcel ; minimum lot size of 2 acres , except for an approved
performance subdivision the maximum density which may be allowed is 1 dwelling per 10 acres
or 1 /64th of a section and minimum lot size is 20, 000 sq . ft .
Be Lot width and depth. All lots shall have a+� r +r +1 a of the
rn a �
median length and a minimum width at any point of 50 feet.
Co Front Yard Setback. 25 feet
D . Side and rear yard setbacks . Side and rear yard setbacks for the residential dwelling is 20 feet,
accessory buildings shall be 20 feet, and for accessory structures used for agricultural purposes or
home occupations shall be 50 feet. Exception to the side yard standard is allowed on a parcel with
a lot width up to 100 feet and a lot size up to 1 acre : the required side yard setback for a residential
dwelling and accessory structures shall be equal to 10 percent of the lot width but in no case shall
be less than 5 feet from the property line .
E . A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes,
such as storm water storage, community play areas , or utility facilities, and is restricted by
perpetual covenants meeting county requirements to said purpose, is not required to meet
minimum lot size requirements .
1 .04 . 244 Building Regulations.
A . Floor Area Ratio . 1 : 20 , except for fire stations .
Be Size . 3 , 000 sq . feet maximum for non-agricultural and accessory buildings except for dwellings
and agricultural buildings .
C . Height . 35 feet except for agricultural buildings , cell towers, antennas , or water tanks .
1 .04.246 Off-street parking.
Two spaces per residence . See Parking Ordinance for other land uses; parking setback for non-residential
land uses shall be 25 feet .
1 . 04 . 247 Special Provisions ,
A . Cell towers shall be located per Ordinance No . 5 -98 Telecommunication Towers .
Be Accessory dwelling units are required to meet Section 1 . 03 . 029 standards .
C . Essential public facilities may exceed 3 , 000 sq . feet as approved by the special use permit.
D . Essential public facilities , which were in existence prior to June 17 , 1996 and without a prior
special use permit, may expand up to 15 % cumulatively from their size prior to June 17 , 1996 ,
without a special use permit. Expansions over 15 % will require a special use permit .
E . Front yard and side yard setback may be reduced as provided in Section 1 . 05 . 034 . 0 or 1 . 05 . 034 . D .
MASON COUNTY DEVELOPMENT REGULATIONS June 2003 DCD version [Deleted text is $
strikeout]
TITLE 16 AMENDMENTS
16 . 08 . 132 Out lot . An "out lot" is a tract of land which does not have an adequate area exclusive of
all setback buffer, and open space requirements to accommodate a residence (or other building where
residential use is prohibited) driveway, and parking and where required a well stormwater system
and septic system and reserve area; or which is otherwise restricted from development as a residential
or commercial lot but may be intended for accessory_purposes such as stormwater management,
playground, or open space .
16 . 40 . 040 Boundary Line Adjustment. A division made for the purpose of adjusting boundary
lines , which does not create any additional lot, tract, parcel, site, or division containing which
^ atains insufficient area and dimension to meet minimum requirements for width and area for a
building site,:-provided that for lots within a recorded short subdivision, subdivision, non -platted
street division, or large lot subdivision, no boundary line adjustment shall be effective until :
(a) The proponent is issued a boundary line adjustment certificate from the Planning
Department verifying that the proposed division conforms to the requirements of this
subsection;
(b) The proponent has paid the fee prescribed by the approved fee schedule for review and
issuance of the certificate ;
(c) The proponent has filed an application that includes :
( 1 ) An adjusted legal description of the lots affected by the adjustment
prepared and certified by a registered land surveyor or Title company;
(2) A scale drawing of the lots affected by the adjustment.
(d) The certificate, legal description, scale drawing, and notarized declaration have been
recorded with the County Auditor by the Planning Department.
As used in this section when any lot parcel or tract proposed in a boundary line adjustment does
not have an adequate area, exclusive of all setback buffer, and opens ace requirements, to
accommodate a residence (or other building where residential use is prohibited) driveway,
parking, and, where required a well stormwater system and septic system and reserve area the
Administrator shall find an insufficient area and dimension to meet the minimum requirements for
width and area for a building site.
When the lots resulting from the proposed boundary adjustment require a variance or waiver for
development, such variance or waiver shall be obtained prior to being considered to have sufficient
area and dimension and prior to the boundary line adjustment approval Where there are existing
improvements , such as buildings that are present in existing setback or buffer areas such
encroachments may be considered in determining if there is sufficient area and width for the
building site ,
A boundary line adjustment which includes out lots may be approved pz`ovided that such tracts are
intended for and restricted by covenant to aecified accessory use such as for stormwater
management , common area playground or open space
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16 . 40 . 045 Lot combinations.
When an applicant seeks only to combine two or more lots parcels or tracts into a single lot and
no other property boundary changes are proposed such action shall not be effective until :
(a) The proponent has an approval for the lot combination from the Planning Department
verif in g that the proposed division confornns to the requirements ofthis subsection ;
(b ) The proponent has paid the fees prescribed by the approved fee schedule for review
and issuance of the certificate ;
(c) The Planning Department approval legal description scale drawing and notarized
declaration have been recorded with the County Auditor by the Planning Department
Applications shall be made on forms provided by the Planning Department The combination of
unplatted land, or platted and unplatted land (including portions of platted lets) shall he know„ ar,
a lot combination boundary line adjustment or as a lot combination The combination of platted
lots all of which are complete lots shall be known as a parcel combination The application
requirements for lot combinations and parcel combinations may differ.
Proposed language is underlined ; deleted language is struck through , 10
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