HomeMy WebLinkAbout100-19 - Ord. Amending Mason County Code Title 16 Plats and Subdivisions ORDINANCE NUMBER ADO
AMENDMENT TO MASON COUNTY CODE TITLE 16
ORDINANCE amending Mason County Code (MCC) Title 16, Plats and Subdivisions.
WHEREAS, under the authority of Chapter 58.17 RCW, Mason County has authority to
regulate the process by which land is divided; and
WHEREAS, section 58.17.040 RCW provides a list of exemptions that do not apply to the
subdivision process; and
WHEREAS, the MCC Chapter 16.36 Short Subdivisions, section 16.36.010 (b) provides a
similar list of exemptions with two exceptions; and
WHEREAS, the Planning staff proposed to include the two additional exemptions within Title
16 consistent with State law; and
WHEREAS, the Planning Advisory Board conducted a public hearing regarding proposed
amendments to Mason County Code Title 16 Plats and Subdivisions on September 16, 2019
and voted unanimously to recommend approval of said amendments to the Board of County
Commissioners; and
WHEREAS, the Board of County Commissioners conducted a public hearing regarding Mason
County Code Title 16, Plats and Subdivisions on October 22, 2019; and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 16, Plats and Subdivisions as
described in ATTACHMENT A.
b�
DATED this�2 day of ()OAk"r 2019.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Kevin Shutt , Chair
Lj'�] -
Me issa r wry, Clerk f the Board
Sharon Trask, Commissioner
APPROVED AS TO FORM: "d
_ Randy eatherlin, Commissioner
Tim Whitehead, Chief DPA
z
ATTACHMENT A
16.36.010-Application of regulations.
(a) Every division of land or contiguous land for the purpose of lease, sale or transfer of ownership,
into two or more but fewer than five lots, parcels or tracts within the unincorporated area of Mason
County shall proceed in compliance with this chapter. Contiguous parcels of land in the same
ownership and having boundaries in common shall be presumed to be a single parcel in determining
whether or not the division of land comprises a subdivision.
(b) The provisions of this chapter shall not apply to:
(1) Any cemetery burial plot, while used for that purpose;
(2) Any division of land in which the smallest lot created by the division is five acres or more in area;
(3) Any division made by testamentary provision or the laws of descent;
(4) Any division made in compliance with Chapter 16.20 and Chapter 16.38;
(5) Reserve-dAny division of land into lots or tracts of less than three acres that is recorded in
accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site
for construction and operation of consumer-owned or investor-owned electric utility facilities in
accordance with 58.17.040 (9) RCW.
(6) Any division of land that can be described by a legal subdivision of a section of not less than
1/128th of a section;
(7) Re5eve Any division for the purpose of leasing land for facilities providing personal wireless
services while used for that purpose in accordance with 58.17.040 (8) RCW.
(8) Land divisions of record in the auditor's office on the effective date of this chapter;
(9) Property line adjustments wherein the result does not adversely affect access or reduce the lot
size below the minimum requirements;
(10) Divisions which are solely for use as a private right-of-way;
(11) Divisions of platted lots, which by deed restriction are made a part of an adjoining lot and which
will not permit a separate building site for human occupancy or habitation, provided the divisions
are approved in writing by the administrator on the legal conveyance.
1