HomeMy WebLinkAbout2022-006 - Ord. Amendment to Mason County Code Title 17 ORDINANCE NUMBER '1012-DOU
AMENDMENTTO MASON COUNTY CODE TITLE 17
ORDINANCE amending Mason County Code Title 17 relating to height limits, establishing a
side yard setback reduction process in the urban growth areas, and amending the accessory
dwelling unit requirements.
WHEREAS, under the authority of the Washington State Growth Management Act (GMA)
(RCW 36.70A) Mason County is taking legislative action to revise its development regulations;
and
WHEREAS, the height limit in most urban growth areas and the Master Planned Resort zone
of the rural areas is limited to 55-feet with a Special Use Permit; and
WHEREAS, the Master Planned Resort zone in the rural lands and certain zones throughout
the urban growth areas may be appropriate to accommodate greater building heights; and
WHEREAS, the development regulations were amended to allow for increased heights in the
Master Planned Resort zone of the rural lands and urban growth areas with a Special Use
Permit without setting the limit at 55 feet; and
WHEREAS, the development regulations for the urban growth areas are lacking an
administrative reduction process for side yard setbacks; and
WHEREAS, there are certain residential districts within the urban growth areas that may be
appropriate for establishing an administrative side yard reduction process; and
WHEREAS, the development regulations were amended to allow for a side yard setback
reduction for residential development within residential districts of the urban growth areas
with review and approval of an administrative building variance; and
WHEREAS, there are certain development regulations regarding accessory dwelling units that
either conflict with one another or are currently extraneous; and
WHEREAS, the development regulations were amended to eliminate the conflicting and
extraneous language regarding accessory dwelling unit requirements; and
WHEREAS, on November 15, 2021 the Mason County Planning Advisory Commission held a
public hearing to consider the amendment and passed a motion to recommend approval of
said amendment; and
WHEREAS, the Commissioners considered the proposed amendment at a duly advertised
public hearing on January 18, 2022; and
WHEREAS,the Board of County Commissioners took public testimony from interested parties,
considered all the written and oral arguments, testimony and comments presented; and
WHEREAS, the Board of County Commissioners also considered the Staff Report and
recommendations of the Mason County Planning Advisory Commission; and
WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title
17, relating to height limits, establishing a side yard setback reduction process in the urban
growth areas, and amending the accessory dwelling unit requirements complies with all
applicable requirements of the Growth Management Act, the Comprehensive Plan, and the
Mason County Code, and that it is in the best public interest; and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 17, relating to height limits as described
in Attachment A, accessory dwelling unit requirements as described in Attachment B, and an
administrative reduction process for side yard setbacks in the urban growth areas as described
in Attachment C.
DATED this day of 2022.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Randy Neathe lin, Chair
McKenzi�Sm , e of the Board
APPROVED AS TO FORM: Sharon Trask, Commissioner
Tim hite ee DPA Kevin Shutty, Commissioner
z
ATTACHMENT A
Chapter 17.04 - RURAL LANDS DEVELOPMENT STANDARDS
Master Planned Resort (MPR)
17.04.704- Building regulations.
(c) Height. Thirty-five feet maximum except for agricultural buildings, cell towers, antennas or water
tanks, or as reviewed by special use permit.
Chapter 17.07 — SHELTON URBAN GROWTH AREA DEVELOPMENT REGULATIONS
Low Intensity Mixed Use (MU)
17.07.270- Lot,yard, and open space requirements.
G. Building height: not more than thirty-five feet..., or as reviewed by special use permit.
General Commercial (GC)
17.07.350- Maximum height.
Maximum height for the GC district shall be as follows: Not to exceed forty-five feet for buildings,
structures, and appurtenant facilities except when adjoining a zone with a lower height restriction, in
which case any structure located within one hundred feet of the more restrictive zone shall have a
maximum height as imposed by the more restrictive zone, or as reviewed by special use permit.
Commercial-Industrial (CI)
17.07.450- Maximum height.
Maximum height for the Cl district shall be as follows: Forty-five feet, except when adjoining a zone
with a lower height restriction, in which case any structure located within one hundred feet of the more
restrictive zone shall have a maximum height as imposed by the more restrictive zone. Height may be
further restricted by airport overlay zoning, where applicable. Deviation from this standard will be
processed as a special use permit.
Industrial (1)
17.07.670- Minimum site requirements.
G. Maximum Height in the Industrial District Shall be as Follows: Forty-five feet, except when adjoining
a zone with a lower height restriction, in which case any structure located within one hundred feet
of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone.
Industrial equipment such as cranes or communication towers or appurtenant structures is exempt.
A height limit shall be imposed if necessary, to prevent detrimental effects on the surrounding
properties and may be further restricted by airport overlay zoning. Deviations from this standard will
be processed as a special use permit.
Public Institutional (PI)
17.07.755- Maximum height.
Maximum height in the Public Institutional district shall be as follows: Forty-five feet, except when
adjoining a zone with a lower height restriction, in which case any structure located within one hundred
feet of the more restrictive zone shall have a maximum height as imposed by the more restrictive zone.
1
ATTACHMENT A
Height may be further restricted by airport overlay zoning,where applicable. Deviation from this standard
will be processed as a special use permit.
Chapter 17.10 — 17.17 ALLYN ZONING CODE
"R-3"—High Density Multifamily Residential District
17.11.550- Bulk and dimension standards.
Height F Primary building:35 feet,or as reviewed by special use permit.
"VC"—Village Commercial District
17.12.150-Bulk and dimension standards.
The maximum height of any structure in the WC"district shall be 35 feet,or as reviewed by special
Maximum use permit(not to exceed 25 feet East of SR 3),except that church spires,bell towers,chimneys and
height other architectural features may exceed the height limit by 50%and communication facilities by as
much as permitted through approval of a special use permit.
"HC"—Highway Commercial District
17.12.350-Bulk and dimension standards.
Maximum height 35 feet, or as reviewed by special use permit.
"BP"—Business Park
17.12.450-Bulk and dimension standards.
Maximum height limit 35 feet,or as reviewed by special use permit.
Chapter 17.20 — 17.35 GENERAL PROVISIONS FOR THE BELFAIR UGA
"R-5" Medium density residential district.
17.22.100-Bulk and dimensional standards.
Height:
The maximum height of structures in the district shall be as follows: Buildings containing the permitted
use:35 feet,or as reviewed by special use permit.Accessory structure:20 feet. _I
"R-10" Multi-family residential district.
17.22.150- Bulk and dimensional standards.
The maximum height of structures in the district shall be as follows: Buildings containing the permitted
Height: use:45 feet, or as reviewed by special use permit.Accessory structure: 20 feet.
17.23.120 - "MU" Mixed use district.
17.23.150- Bulk and dimensional standards.
2
ATTACHMENT A
The maximum height of structures in the district shall be fifty-five feet,or as reviewed by special use
permit,with the following exception:The top of buildings or structures(including rooflines but excluding
Height: church spires, bell towers,and chimneys)on the west side of SR-3 shall not reach an elevation of more
than thirty-five feet above the grade level of the roadway,within one hundred fifty feet of the SR-3
right-of-way.
17.24.010 - "GC" General commercial district.
17.24.040-Bulk and dimensional standards.
Height:
The maximum height of structures in the district shall be thirty-five feet, or as reviewed by special use
permit.
17.24.070—"BI" Business industrial district.
17.24.110- Bulk and dimensional standards.
Height: I The maximum height of structures in the district shall be 35 feet,or as reviewed by special use permit.
3
ATTACHMENT B
Chapter 17.03 — DEVELOPMENT REQUIREMENTS
17.03.029 Accessory dwelling unit requirement.
In rural lands, accessory dwelling units(ADU) must meet the following requirements:
(1) The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a
shoreline permit;
(2) In shoreline jurisdiction,the owner of the ADU must reside on the lot in either the principal residence
or ADU;
(3) The ADU shall be located on the lot of the principal residence or shall be a conversion of an existing
detached structure(i.e.garage);
(4) The ADU shall not exceed eighty percent of the square footage of the habitable area of the primary
residence or one thousand feet,whichever is smaller;
(5) All setback requirements must be met by the ADU;
(6) All applicable health district standards for water and sewer must be met by the ADU;
(7) No recreational vehicles shall be allowed as ADU;
(8) Only one ADU is allowed on any property;
(9) An additional off-street parking space must be provided for the ADU.
(Ord. 108-05 Attach. B(part), 2005).
Chapter 17.10 — GENERAL PROVISIONS FOR ALLYN ZONING CODE
17.10.200 Allyn Zoning Code specific definitions.
The Allyn Zoning Code specifically defines the following definitions and abbreviations. For other definitions,
refer to the Mason County Code,Title 17,Chapter 17.06 Definitions:
"Accessory dwelling unit" or"ADU" means a second dwelling unit added onto or created within an existing
single-family dwelling for use as a completely independent or semi-independent unit with provisions for cooking,
eating,sanitation and sleeping.See Section 17.03.029 for requirements for ADUs as applicable.
In the Allyn UGA,ADUs must meet the following requirements:
(1) The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a
shoreline permit;
(2) In shoreline jurisdiction,the owner of the ADU must reside on the lot in either the principal residence
or ADU;
(3) The ADU shall not exceed fifty percent of the square footage of the habitable area of the primary
residence or one thousand feet,whichever is smaller;
(5) All setback requirements must be met by the ADU;
(6) All applicable health district standards for water and sewer must be met by the ADU;
(7) No recreational vehicles shall be allowed as ADU;
(8) Only one ADU is allowed on any property;
Created: 2021-10-20 09:05:11 [EST]
(Supp. No.57,11-21,Update 1)
Page 1 of 2
ATTACHMENT B
(9) An additional off-street parking space must be provided for the ADU.
"Group dwellings" means and includes boarding houses, nursing homes, rest homes, boarding schools,or
private residence clubs, excluding adult family homes of six or fewer persons as exempted by state regulation.
"Gross acreage"or"gross area" means all land,excluding tidelands,within the exterior boundaries of the
development, including but not limited to land allocated for open space and land to be dedicated for streets or
roads.
"Height, building"or"building height" means the vertical distance from average finish grade level to the
highest point of a building or structure excluding any chimney,antenna, or other uninhabitable vertical
appurtenances.
"Lot coverage" means the portion of a lot that is occupied by impervious surfaces, including but not limited
to buildings, parking areas,and sidewalks.
"Net acres," "Net acreage," or"Net square feet" means the net acreage or square-footage is calculated from
the gross area of the site less any lands allocated for open space or right-of-way.
(Ord.63-07 Exh.A(part), 2007).
Created: 2021-10-20 09:05:11 [EST]
(Supp. No.57,11-21,Update 1)
Page 2 of 2
ATTACHMENT C
Chapter 17.10 GENERAL PROVISIONS FOR ALLYN ZONING CODE*
Article IV. General Regulations
17.10.460 Setbacks.
(a) Where a parcel is less than fifty feet in width the required side yard setback shall be five feet, but in no case
shall be less than required by building or fire codes.
(b) No accessory structure shall be located closer than five feet from a property line.
(c) Residential development may be eligible for a reduction of the standard side yard setback with review and
approval of a Building Administrative Variance, but in no case shall the setback be less than required by
building or fire codes.
(d) The expansion of existing residential structures located in commercial or industrial zones shall comply with
the setback requirements for the type of structure in the zone in which it is allowed.
(e) All required setbacks shall be measured from the nearest property line, except that front yard setbacks shall
be measured from the property line or the edge of an access easement.
(f) Proof of survey is required for any building permit for a new building or expansion of the building footprint.
The survey shall be no older than ten years unless the relevant survey monuments are visible.
(g) Additional building setback—Buildings shall be setback from the rights-of-way of the Plat of Allyn as set forth
on the"Proposed Plat of Allyn Right of Way Map",dated April 28, 2005.
(Ord.63-07 Exh.A(part), 2007).
Chapter 17.11 RESIDENTIAL ZONING DISTRICTS IN THE ALLYN UGA*
Article 1. "R-1"—Single-Family Residential District
17.11.150 Bulk and dimension standards.
Side yard 5 feet,or less with review and approval of an administrative building variance,see Section
17.10.460.
Article 11. "R-1R"—Residential-Recreational District
Side yard 5 feet,or less with review and approval of an administrative building variance,see Section
17.10.460.
ATTACHMENT C
Article IV. "R-2"—Medium Density Multifamily Residential District
17.11.450 Bulk and dimension standards.
Side yard 5 feet,or less with review and approval of an administrative building variance,see Section
17.10.460.
Article V. "R-3"—High Density Multifamily Residential District
17.11.550 Bulk and dimension standards.
Side yard 5 feet,or less with review and approval of an administrative building variance,see Section
17.10.460.
Article VII. "R-1P"—Residential-Platted District
17.11.750 Bulk and dimension standards.
Side yard 5 feet,or less with review and approval of an administrative building
variance,see Section 17.10.460.
Chapter 17.07 SHELTON URBAN GROWTH AREA DEVELOPMENT REGULATIONS'
Article 1. Neighborhood Residential(NR)
17.07.150 Lot, yard, and open space requirements.
A. Yard setbacks,size and shape of lots shall be as provided in Table 17.07.150,except in the following cases:
1. Minimum front yard:when forty percent or more of lot coverage,on a front foot basis,of all property
on one side of a street between two intersecting streets has been reached,the front yard required for
new development shall be an average of the existing front yard setbacks, but shall not be less than that
specified in Table 17.07.150;
2. Minimum side yards: a zero lot line concept may be approved if the site is part of a subdivision or
Master Planned Development and seventy-five percent of units on the site use alleys for access; For all
other residential development a reduction of the standard side yard setback may be granted with
'Editor's note(s)—Ord. No. 52-19,adopted June 4, 2019,amended Ch. 17.07 and in so doing changed the title of
said chapter,as set out herein.
ATTACHMENT C
review and approval of a building administrative variance, but in no case shall the setback be less than
the minimum required by building or fire codes.
Table 17.07.150
Minimum Standards With Alleys Without Alleys
Lot area 4,500 sq.ft. 6,000 sq.ft.
Front yard 10 ft. 10 ft.
Side yard 5 ft. 5 ft.
Flanking street 7 ft. 7 ft.
Rear yard 15 ft. (3 for garage) 15 ft.
Building coverage 35% 35%
Building height 35 ft. 35 ft.
Development coverage 45% 45%
Lot width 45 ft. 50 ft.
Street frontage 25 ft. 25 ft.
(Ord. No.47-09,Attach.A,6-2-2009)
Article 2. Low Intensity Mixed Use (MU)
17.07.270 Lot, yard, and open space requirements.
A. Minimum lot size:Six thousand square feet. Lots may contain more than one use and will be a shape and
design appropriate to the zone and intended uses as determined by the county.
B. Front yard: Minimum fifteen feet.
C. Side yard: Minimum ten feet.Side yard setback reduction may be granted for residential development with
review and approval of a building administrative variance, but in no case shall the setback be less than the
minimum required by building or fire codes.
D. Rear yard:Zero feet,except when property adjoins a land use district with greater setbacks,the setback of
the adjacent use shall apply.
E. Maximum building coverage:Thirty-five percent; however,this may be increased up to a maximum of fifty-
five percent if a corridor that facilitates pedestrian access through the block or along a creek, lake, or other
natural amenity is provided.
Note:This bonus is to be added to the base allowable building coverage.
F. Maximum development coverage: Maximum coverage by impervious surfaces shall be sixty percent, unless a
density bonus is granted.A maximum bonus of twenty percent is allowed. Projects that provide a corridor
that facilitates pedestrian access through the block or along a creek, lake,or other natural amenity are
eligible for this density bonus.
ATTACHMENT C
Note:This bonus is to be added to the base allowable impervious surface coverage.The provisions of
the Mason County Code regarding stormwater runoff, parking, landscaping,and design requirements may
further limit impervious surfaces.
G. Building height: not more than thirty-five feet,or as reviewed by special use permit, not to exceed fifty-five
feet.
H. Open space:All development that contains four or more attached units must provide at least 200 square feet
per unit of common open space usable for many activities.The amount of open space and recreational
facilities should be proportional to the density of the development(i.e.,as density increases and/or as lots
become smaller,there is a greater need for common open space available to all of the residents,guests and
visitors to the development.)This required common open space shall at a minimum meet the following
criteria:
1. For four to twenty units,the open space must be in one or more pieces each having at least eight
hundred square feet and having a length and width of at least twenty-five feet.
2. For twenty-one units or more, a minimum of ten percent of the total space must be provided in usable
open space.The open space must be in one or more pieces having a length and width of at least forty
feet.
3. The required common recreational open space may be reduced by twenty-five percent if amenities
such as, but not limited to,the following are provided in the common open space:
a. Commercial grade children's play structure.
b. Benches or other seating features.
C. Picnic shelter.
d. Sports court.
Community Development staff shall determine if the proposed amenities provide
comparable recreation opportunities as would the open space that is reduced.
4. The open space area may be located in any required setback area, except street setbacks,so long as
the uses thereof are compatible and permissible.
5. Open spaces shall provide for uses/activities that appropriately serve the anticipated residents and
users of the development.
6. Up to fifty percent of a development's open space requirement may be satisfied by wetland and/or
critical area habitat and required critical areas buffers in consideration of the significant passive
recreation opportunities provided by said lands.
(Ord. No.47-09,Attach.A,6-2-2009; Ord. No. 52-19, att.A, 6-4-2019)
ATTACHMENT C
Chapter 17.22 RESIDENTIAL DISTRICTS IN THE BELFAIR UGA
"R-4" Low Density Residential District
17.22.050 Bulk and dimensional standards.
Setbacks: Front yard: 15 feet.
Side yard: 5 feet for accessory structures and 5 feet for the dwelling unit.Side yard setback
reduction may be granted with review and approval of a building administrative variance,
but in no case shall the setback be less than the minimum required by building or fire codes.
Street side yard: 10 feet.
Rear yard:5 feet for accessory structures and 10 feet for the dwelling unit.
Street rear yard: 15 feet.
"R-5"Medium Density Residential District
17.22.100 Bulk and dimensional standards.
Setbacks: Front yard: 10 feet.
Side yard: 5 feet for accessory structures and 5 feet for the dwelling unit. Side yard setback
reduction may be granted with review and approval of a building administrative variance,
but in no case shall the setback be less than the minimum required by building or fire codes.
Street side yard: 10 feet.
Rear yard:5 feet for accessory structures and 10 feet for the dwelling unit.
Street rear yard: 10 feet.
"R-10"Multi family residential district
17.22.150 Bulk and dimensional standards.
Setbacks: Setbacks: Front yard: 10 feet.
Side yard: 5 feet for accessory structures and 5 feet for the dwelling unit. Side yard reduction
may be granted with review and approval of a building administrative variance, but in no
case shall the setback be less than the minimum required by building or fire codes.
Street side yard: 10 feet.
Rear yard:5 feet for accessory structures and 10 feet for the dwelling unit.
Street rear yard: 10 feet.
Z COMMISSIONERS
O MW
THOMAS J. FARMER
N LINDA R.GOTT
Q BRUCE E.JORGENSON
PUBLIC UTILITY DISTRICT MANAGER
ANNETTE CREEKPAUM
November 9, 2021
Mason County Community Development
Attn: Marissa Watson
615 W Alder St
Shelton WA, 98584
mwatson@masoncountywa.gov
RE: PUD 3 comments submitted regarding SEP2021-00087;Applicant: Mason County;Title 17 proposed
zoning code amendments
Ms. Watson:
Thank you for the opportunity to comment on the DNS- Determination of Nonsignificance issued by
Mason County, regarding the above-referenced project. Mason County PUD 3 ("PUD") has reviewed the
information provided and has the following comment(s):
A) HEIGHT STANDARDS: raising height limits beyond standard limits with review and approval of a
special use permit. Our review indicates that that there will be no limit to potential height that may
potentially be approved via special use permit for the following zones (provided that Allyn VCzone
development East of SR 3 is not to exceed 25 feet):
- Rural Lands—Master Planned Resort(MPR) (17.04.704)
-Shelton UGA—Low Intensity Mixed Use(MU) (17.07.270); General Commercial (GC) (17.07.350);
Commercial-Industrial (CI) (17.07.450); Industrial (1) (17.07.670); Public Institutional (PI) (17.07.755)
-Allyn—High Density Multifamily Residential (R-3) (17.11.550);Village Commercial (VC) (17.12.150;
subject to 25' limitation for development East of SR 3); Highway Commercial District (HC) (17.12.350);
and Business Park(BP) (17.12.450)
- Belfair UGA—Medium density residential district (R-5) (17.22.100); Multi-family residential district(R-
10) (17.22.150); Mixed Use district(MU) (17.23.150); General Commercial district (GC) (17.24.010); and
Business industrial district (BI) (17.24.070)
Amending the height limit to remove the fifty-five foot restriction has a likely outcome of increasing
density.This allows for more efficient utilization of new and existing utility infrastructure such as
electric power and telecommunications. Mason PUD 3 strongly encourages opportunities to increase
density of development in Mason County. Mason PUD 3 requests and encourages applicants to
consult with the PUD early in the planning/design process to ensure that any potential issues
regarding structural height/design can be evaluated and addressed early in the process.
P.O. Box 2148•Shelton,WA 98584• (Bus)360-426-8255•(Fax)360-426-8547
www.pud3.org
B)SIDEYARD SETBACK STANDARDS:authorizes reduction of the standard side setback for residential
development with a Building Administrative Variance within the zones listed below, provided that in no
case shall the setback be less than required by building or fire codes:
-Allyn—General Regulations (17.10.460);Allyn UGA Residential Zoning Districts (R-1) (17.11.150);and
(R-111);Allyn UGA Medium Density Multifamily Residential (R-2) (17.11.450);Allyn UGA High Density
Multifamily(R-3) (17.11.550);Allyn UGA Residential-Platted District(R-113) (17.11.750)
-Shelton Urban Growth Area—Neighborhood Residential (NR) (17.07.150); Low Intensity Mixed Use
(MU) (17.07.270)
-Belfair Urban Growth Area—Residential Districts (R-4) (17.22.050); (R-5) (17.22.100); and (R-10)
(17.22.150)
Mason PUD 3 requests and encourages applicants to consult with the PUD early in the
planning/design process to ensure that any potential issues regarding lot layout/setbacks and
associated utility services design and installation can be evaluated and addressed early in the process.
C)ACCESSORY DWELLING UNITS:amendments to the Accessory Dwelling Unit requirements that
provide greater flexibility in who resides on the property in non-shoreline jurisdiction areas and deletes
the requirement for ADUs to be within 150 ft of the main residence
Mason PUD 3 has no comments for this section.
SUMMARY COMMENT:Although the information provided to the PUD through this SEPA process does
not include specific details regarding the extent to which the proposed modifications to height and
setback standards may affect future residential development proposals, it appears that the majority of
the proposed amendments pertain to future residential development,with the potential for future
development subject to availability of utility services.The PUD hereby provides general notice that any
new electrical load is subject to the PUD's capacity and ability to serve the load,and this should be
considered at the early stages of project planning and design.All applicants seeking to connect to the
PUD's electrical system must comply with all PUD service rules and regulations, including but not limited
to the PUD's line extension policy and system capacity fee. Applicants are encouraged to connect with
the PUD to obtain information such as the line extension policy and the service rules and regulations.
If you have any questions or would like to respond to these comments, please contact Justin Holzgrove,
Director of Engineering& Utility Services, at (360)426-8255 or justinh@masonpud3.or�.
Sincerely,
�Cre�Caacuw
Annette Creekpaum(Nov 9,2021 16:41 PST)
Annette Creekpaum, Manager
Mason County Public Utility District 3
P.O. Box 2148•Shelton, WA 98584• (Bus)360-426-8255•(Fax)360-426-8547
www.pud3.org