HomeMy WebLinkAbout72-16 - Ord. Amending Title 17 ZoningORDINANCE \LIMBER � �� I 40
TITLE 17 - ZONING
AMENDMENTS TO CHAPTER 17.07 - DEVELOPMENT REGLILATIO\S,
SHELTON URBAN GROWTH AREA, ARTICLE 2 - LOW I\TE\SITY MIXED
LISE, SECTIO\ 17.07.220 - PERMITTEI) USES TO INCLUDE RECREATION
STORAGE, SECTION 17.07 240 -SPECIAL USES TO INCLUDE SELF -
STORAGE FACILITIES AND CHAPTER 17.06, SECTIO\ 17.06.010
DEFINITIONS TO ADD SELF -STORAGE FACILITY
ORDINANCE amending Title 17, Zoning, Chapter 17.07, Article 2, Low Intensity Mixed
Use, Section 17.07.220, Permitted Uses, Section 17.07 zoo, Special Uses, and Chapter
17.06, Section 17.06.010, Definitions, of the Mason County Code with respect to the
Shelton Urban Growth Area.
WHEREAS, amendments to Title 17 of the Mason County Code fall under the authority of
Chapter 36.7o and 36.7oA RCW; and
WHEREAS, Section 27.07.22o lists Permitted Uses and Section 17.07 zoo lists those uses
considered Special Uses within the Low Intensity Mixed Use zoning district of the Shelton
Urban Growth Areas; and
WHEREAS, Special Uses as defined under Section 17.07 24o are those that require an
approved Special Use Permit under Chapter 17.05, Article V. — Special Uses; and
WHEREAS, the current code does not include "recreation storage" as a permitted use, an
accessory use, or a special use within that zoning district; and
`DTI IEREAS, the current code does not include "self -storage facilities" as a permitted use,
an accessory use, or a special use permit within that zoning district; and
WHEREAS, this Ordinance amends Section 17.07.22o to include "recreation storage", defined as
the storage of recreational vehicles, boats, boat trailers, camper trailers, personal motor craft, and
similar outdoor recreational equipment, as a permitted use within the Low Intensity Mixed Use
district of the Shelton Urban Growth Area; and
WHEREAS, this Ordinance amends Section 17.07.24o to include "self -storage facilities", as
a allowable special use within the Low Intensity Mixed Use district of the Shelton Urban
Growth Area; and
WHEREAS, while self -storage facilities are permitted in other areas of the County, a formal
definition has not been incorporated into the County's Code; and
WI IEREAS, this Ordinance amends Section 1.7.06.010 to include "self -storage facility",
defined as "a building or group of buildings containing separate, individual, or private
storage spaces of varying sizes available for lease or rent for varying periods of time"; and
IEREAS, the Mason County Planning Advisory Commission conducted a public hearing
on August 15, 2016 and recommended adoption of these amendments by the
Commissioners; and
NOW TI IEREFORE, BE IT I IEREBY ORJ )AINE1), that the Board of Commissioners of
Mason County hereby amends Title 17, Zoning, Chapter 17.07, Article 2, Low Intensity
Mixed Use, Section 17.07.22o, Permitted Uses, Section 17.07 zoo, Special Uses, and
Chapter 17.06, Section 17.06.010, Definitions, of the Mason County Code with respect to
the Shelton Urban Growth Area. (See Attachment A)
DATED this I �L� day of
ATTEST:
)(Air(
it Cur Athi
Clerk of the Board
APPR VED AS TO FORM:
Tim Whitehead, Chief DPA
zo16.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
Terri Jeffreys,
Tim Sheldon, Commissioner
Randy Neatherlin, Commissioner
(Page 2 of 21
ATTACHMENT
TITLE 17 - ZONING
CHAPTER 17.07 - DE\TELOPMENT REGULATIONS
ARTICLE 2 - LOW INTENSfFY MIXED USE
SECTION 17.07.220 - USES
SECTION 17.07.240 -SPECIAL USES
ARTICLE 2. - LOW INTENSITY MIXED USE (MU)
17.07.220 -Permitted uses.
Permitted uses listed below are intended as a guide to types of uses that are allowed
in the low intensity mixed use zone. The community development director or his/her
designee will make the determination as to whether a proposed use is permitted.
A. Commercial uses, including, but not limited to the following:
1. Bakeries;
2. Business and professional offices;
3. Assisted living and convalescent homes;
4. Day care facilities;
5. Drug stores;
6. Grocery and hardware stores;
7. Liquor stores;
8. Medical and dental offices;
g. Personal services;
10. Recreation Storage
11. Retail stores;
12 Restaurants without drive through windows;
23. Social services;
14. Auto repair and service.
B. Residential Uses. All residential uses are permitted with a density of between four
and twelve units per acre;
C. Residential uses above commercial;
D. Cooperative housing;
'cage;of 21
E Gas stations (retail sale of gasoline and related convenience items only, no service
available) within three hundred feet of direct access (on- or off -ramp) to a
Washington State or United States Highway.
F. Drive-thru restaurants, subject to site plan approval, and within three hundred feet
of direct access (on- or off -ramp) to a Washington State or United States Highway.
17.07.24o - special uses.
Special uses, including, but not limited to the uses listed below, subject to the conditions
set forth in Chapter 17.05 of this title.
A. Community clubs;
B Hotels and motels;
C. Public utilities and facilities;
D. Recreational vehicle parks;
E Churches.
F. Self -Storage Facility
--
CH.AP'TER 17.06 - DEHNTTIO\S
SECTIO\ 17.06.010
CHAPTER 17.06 - DEFINITIONS
17.06.010 - Definitions.
Note: The definitions used in the Mason County development regulations are those
terms defined in Moskowitz, Harvey S. and Lindbloom, Carl G.; The New Illustrated Book of
Development Definitions. New Brunswick, NJ, Center for Urban Policy Research, 2993,
except as specifically defined in separate county ordinance(s).
"Accessory building or use" means any building or use which:
(a) Is subordinated to, and serves a principal building or principal use; and
(b) Is subordinate in area, extent or purpose to the principal building or principal use
served; and
(c) Contributes to the comfort, convenience or necessity of occupants of the principal
building or principal use served; and
(d) Is located on the same lot as the principal building or principal use served, with the
single exception of such accessory off-street parking facilities as are permitted to
locate elsewhere than on the same lot with the building or use served.
"Accessory dwelling unit or ADU" means a second dwelling unit added onto, created
within or detached from an existing single-family detached dwelling for use as a completely
independent or semi-independent unit with provisions for cooking, eating, sanitation and
sleeping. See Section 17.o3.o29 for requirements for ADUs.
"Accessory uses" include signs that are related to and support a business or activity.
"Adequate public facilities" means facilities which have the capacity to serve
development without decreasing levels of service below locally established minimums.
(WAC 365-295-21o)
"Administrator" means the director of community development for Mason County
shall serve as the administrator. The board may also designate an acting administrator who
shall have all of the duties and powers of the administrator in the absence of or inability of
the administrator to act.
"Adult day-care facility" means an establishment providing for regularly -scheduled
care and supervision of adults whose age or medical condition warrants such care, and
where such care is provided for periods of less than twenty-four hours.
"Adult retirement community" means a residential development for persons who are
at least fifty-five years of age. Such development may include the following as accessory
uses:
(1) Social and recreation activities;
(2) Communal meal service;
(3) Limited health care facilities;
(4) Transportation facilities; and
(5) Personal services.
"Agricultural lands" means land 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 84.33.10o through 84.33.14o, or livestock.
"Agricultural resource lands" means land designated by Mason County as agricultural
lands of long-term commercial significance.
"Agricultural sales sign" means a usually seasonal sign used to announce and/or direct
the public to a sale of locally grown agricultural products.
"Air transportation" means commercial air transport service, such as charter and/or
docking facilities.
"Animated sign" means any sign which includes action or motion or the optical illusion
of action or motion, or color changes of all or any part of the sign facing, requiring electrical
energy, or set in motion by movement of the atmosphere.
"Appurtenant structure" means a structure that is ordinarily connected to the use and
enjoyment of a single-family residence; normal appurtenant structures include, but are not
limited to, a garage, deck, storage shed, woodshed, pump house, upland retaining wall and
fence.
"Aquaculture" means the commercial cultivation of aquatic life, such as fish, shellfish
and seaweed.
"Assisted living facility" means an institution or a distinct part of an institution that is
licensed or approved to provide healthcare under medical supervision for twenty-four or
more consecutive hours to two or more patients who are not related to the governing
authority or its members by marriage, blood or adoption.
"Available public facilities" means that facilities or services are in place or that a
financial commitment has been made to provide that facilities or services within a specified
time. In the case of transportation, the specified time is six years from the time of
development. (WAC 365-195-21o)
"Bed and breakfast" means overnight accommodations and a morning meal in a room
or suite of rooms provided to guests for compensation, where such room or suite is located
in a building occupied by the owner of the facility.
"Best management practices" means a physical, structural, or managerial practice
which has gained general acceptance for its ability to prevent or reduce environmental
impacts.
"Billboard" means the same as an off -premises sign.
"Board" means the Mason County board of commissioners.
"Bufferyard" means an area of plantings surrounding a land use which screens or
blocks vision, noise pollutants, or other negative by-products associated with that use. The
bufferyard might consist of open space, landscaped areas, undisturbed areas of natural
vegetation, fences, walls, berms or any combination thereof.
"Building" means a structure intended for use or occupancy by humans.
"Building face" means the wall on the side of the building facing the road accessing the
property; the size of sign is the portion (i.e. ten percent) of the area value resulting from the
product of the wall height times the wall width.
"Building size" is determined by measuring the building footprint from the outside
walls. Does not include roof overhangs up to two feet. Roof overhangs larger than two feet
from outside wall will be included in the overall size of the building.
"Capacity" means the measure of the ability to provide a level of service on a public
facility.
"Capital improvement" means land, improvements to land, structures (including
design, permitting, and construction), initial furnishings and selected equipment. Capital
improvements have an expected useful life of at least ten years.
"Carrying capacity" means the intrinsic constraints on the development of an area.
The development that may be allowed without an (unacceptable) significant adverse
impact, on a cumulative basis, on an environmental or social value intended to be
protected by the comprehensive plan. Carrying capacity in the biological sciences is the
population of a species in a particular environment which can be sustained on an on -going
basis. "The maximum number of inhabitants that an environment can support without
detrimental effects." (Websters 1.1) For human populations, this concept less useful in the
sense that resources which are locally in short supply can be transferred from anywhere in
the world, and the level of impact that human society has on the environment is variable
based on the technology used and the way that technology and other human activities are
managed. Humans do not have the limited range of behaviors other species have.
Examples of values to be protected in the plan would be native fisheries or rural character.
"Cemetery" means in accordance with R.C.W. 68.4o, any one or combination of the
following land uses in a place used for, or intended to be used and dedicated, for cemetery
purposes: (a) burial park for earth interment; (2) mausoleum for crypt interment; and
columbarium for permanent cinerary interment.
"Changing message center sign" means an electrically or electronically controlled sign
where different automatic changing messages are shown on the same lamp blank.
"Child care center, commercial." "Commercial child care center" means an
establishment providing for regularly -scheduled care, supervision and protection of
children for periods less than twenty-four hours. Such establishment shall be subject to
licensing and regulation requirements pursuant to WAC 388-155.
"Child care center, family." "Family child care center" means an establishment
providing for regularly -scheduled care, supervision and protection of children for periods
less than twenty-four hours, in a dwelling, where such care and supervision is provided by a
resident of the dwelling, and where no nonresident is regularly employed. Such
establishment shall be subject to licensing and regulation requirements pursuant to WAC
388-15o.
"City" means any city or town, including a code city. (RCW36.7oA.o3o)
(Pagel of 21
"Clustered development" means grouping the allowed development on only a portion
of the site in such a way that a significant proportion of the site remains in common open
space, recreation, resource -based use, any combination of those uses, or remains
u ndeveloped with some kind of restriction on additional development.
"Commercial uses" means businesses involved in: (i) the sale, lease or rent of new or
u sed products to the consumer public; (2) the provision of personal services to the
consumer public; (3) the provision of leisure services in the form of food or drink and
passive or active entertainment; or (4) the provision of product repair or servicing of
consumer goods.
"Commission" means the Mason County planning advisory commission.
"Community on -site septic systems" means a sewage system used to serve
multifamily residential complexes or groups of individual residences.
"Comprehensive land use plan, comprehensive plan, or plan" means the Mason
County comprehensive plan, as adopted pursuant to the Growth Management Act, and as
thereafter may be amended.
"Concurrency" means adequate public facilities are available when the impacts of
development occur. This definition includes the two concepts of "adequate public facilities"
and of "available public facilities" as defined in this section. (WAC 365-195-21o)
"Consistency" means a term which means that no feature of a plan or regulation is
incompatible with any other feature of a plan or regulation. Consistency is indicative of a
capacity for orderly integration or operation with other elements in a system. (WAC 365-
195-21o)
"Construction sign" means any sign used to identify the architects, engineers,
contractors or other individuals or firms involved with the construction of a building and
announce the character of the building or the purpose for which the building is intended.
"Contiguous development" means development of areas immediately adjacent to one
another. (WAC 365-195-21o)
"Convenience store" means any retail establishment offering for sale prepackaged
food products, household items, newspapers and magazines, and sandwiches and other
freshly prepared foods, such as salads, for off -site consumption.
"Cottage industry" means a business, occupation, or profession that is incidental to a
residential use and is carried on by a member or members of the household living in the
residential unit on the site. There may be up to five employees working on the site who do
n ot reside on the site. Cottage industries may be conducted within the residential dwelling
or within an accessory structure.
`Page cc of 21
"County" means Mason County, Washington.
"Critical areas" means areas which include the following areas and ecosystems: (a)
wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c)
fish and wildlife habitat conservation areas; (d) frequently flowed areas; and (e)
geologically hazardous areas. (RCW 36.7oA.o3o)
"Density" means a measure of the intensity of development, generally expressed in
terms of dwelling units per acre. Density can also be expressed in terms of population (i.e.,
people per acre).
"Density transfer" means the transfer of all or part of the permitted residential density
on a parcel to another parcel.
"Design guidelines" means a set of guidelines defining parameters to be followed in
site and/or building design and development.
"Design standards" means a set of standards defining parameters to be followed in
site and/or building design and development.
"Development" means the construction, reconstruction, conversion, structural
alteration, relation or enlargement of any structure, and any mining, excavation, filling, or
other associated land disturbance.
"Development districts" means areas in which a variety of development options are
allowed if they are consistent with the purpose of the district.
"Development regulations" means any controls placed on development or land use
activities by a county or city. Including, but not limited to, zoning ordinances, subdivision
ordinances, and binding site plan ordinances. (RCW 36.7oA.o3o)
"Director" means the director of community development, and whose responsibilities
may be delegated when not contrary to law or ordinance.
"Domestic water system" means any system providing a supply of potable water
which is deemed adequate pursuant to RCW 19.27.o97 for the intended uses of a
development. (WAC 365-195-21o)
"Easement" means a covenant which grants or restricts a specific right of use.
"Educational learning center" means a facility dedicated to environmental and
resource education and research. This land use would be permitted on lands designated for
long term agricultural use in urban growth areas with a special use permit. This land use
would be permitted on agricultural resource lands with a special use permit, using the
special use permit criteria and meeting the standard that the proposed land use shall have
n o more cumulative impacts than if the land remained in traditional agricultural
production.
"Environmental impact statement (EIS)" means a document detailing the expected
e nvironmental impacts of a proposed action.
"Erosion" means the wearing away of the earth's surface as a result of the movement
of wind, water or ice.
"Erosion hazard areas" means those areas that because of natural characteristics,
including vegetative cover, soil texture, slope gradient, and rainfall patterns, or human -
induced changes to such characteristics, are vulnerable to erosion.
"Essential public facilities" means and includes facilities such as prisons, correctional
facilities, juvenile detention centers, courthouses, wastewater/sanitary treatment facilities
and systems, solid waste facilities, transportation facilities (including public works
operations and vehicle maintenance facilities), airports and hospitals.
"Facility" means the physical structure or structures in which a service is provided.
"Fire flow" means the amount of water volume needed to provide fire suppression.
Adequate fire flows are based on industry standards, typically measure in gallons per
minute (gpm). Continuous fire flow volumes and pressures are necessary to insure public
safety. The fire flow volume shall be in addition to the requirements of the water system
for domestic demand.
"Flashing sign" means any sign which contains an intermittent or flashing light source
or which includes the illusion of intermittent or flashing light by means of animation or an
e xternally mounted intermittent Tight source.
"Floodplain" means that area of land adjoining a body of water that has been or may
be covered by floodwater.
"Floor area ratio" is determined by summing the gross horizontal areas of all the floors
of a building, measured from the exterior walls, or the centerline of walls separating two
buildings, and dividing that sum by the gross area of the parcel proposed for use or
development. Space devoted to off-street parking or loading is not included in this
calculation.
"Front yard" and "front yard setback" mean the space extending the full width of the
lot between a structure or building and the front lot line or road easement boundary,
whichever is closer. The setback is measured from the building to the closest point of the
front lot line or road easement boundary, whichever is closer. See Figure 17.06 A.
"Fully contained community (FCC)" means a reserved capacity for new urban
development that will be characterized by urban densities and intensities, urban
"1- Leig 10 of 2 1
governmental services, and meets the criteria established in the comprehensive plan and in
RCW 36.70A.350.
"Garage sale signs (yard sales, moving sales, patio sales)" means temporary signs used
to announce and/or direct the public to a sale of used items.
"Geologically hazardous areas" means areas that because of the susceptibility to
e rosion, sliding, earthquake, or other geological events, are not suited to the siting of
commercial, residential, or industrial development consistent with public health or safety
concerns. (RCW 36.7oA.o3o)
"Greenbelt" means a linear corridor of open space which often provides passive
recreation and nonmotorized transportation opportunities, serves as a buffer between
developments and varying land uses, or creates a sense of visual relief from urban
landscapes.
"Groundwater" means water that fills all the unblocked pores of material lying
beneath the water table.
"Group homes" means a nonprofit or for -profit boarding home for the sheltered care
of persons with special needs, which may provide food, shelter, and a combination of
personal care, social and counseling services and transportation.
"Growth Management Act (GMA), or Act" means the Growth Management Act as
e nacted in 1990 and subsequently amended by the state of Washington.
"Hamlets" are intended to provide a focal point and community identity for
surrounding rural area, while they meet some of the immediate needs of rural residents,
resource dependent industry, and visitors. They may include one or two civic, community,
or retail uses such as post office, community center, church, grange, gas station, or small
convenience store. Residential uses are not included in Hamlets. They may be served by
community water systems and community sewage treatment facilities but have only rural
governmental services.
"Height" shall be measured using average grade level. The average of the natural or
e xisting topography of the portion of the lot, parcel, or tract of real property which will be
directly under the proposed structure and shall be determined by averaging the ground
e levations at the midpoint of all exterior walls of the proposed structure.
"Hobby farm" means rural parcel(s)with a principal residential land use and secondary
e oncommercial or small-scale commercial farming, livestock raising, aquaculture, or
forestry activities conducted on the property.
"Home occupation" means a business, occupation, or profession that is incidental to
and carried on within a portion of a residential dwelling unit by a member or members of
(Page 11 of21
the household. The business may have up to three employees in addition to members of
the household.
"Hotel" means a facility offering guest lodging accommodations to the general public
and providing additional services, such as restaurants, meeting rooms, entertainment and
recreational facilities.
"Household" means all persons who occupy a housing unit which is intended as
separate living quarters and having direct access from the outside of the building or
through a common hall. The occupants may be a single-family, one person living alone,
two or more families living together, or any other group of related or unrelated persons
who share living arrangements. (U.S. Department of Commerce, Bureau of the Census)
"Impact mitigation" means the mitigation of the negative impacts of a development
proposal. Mitigation includes, but is not limited to the following: avoiding the impact
through change in the proposal, minimizing the impact through changes to the proposal,
rectifying the impact by repairing, rehabilitating or restoring the affected environment,
reducing or eliminating the impact over time by preservation and maintenance operations
during the life of the action, compensating for the impact by replacing, enhancing, or
providing substitute resources or environments, and monitoring the impact and taking
appropriate corrective measures. The term includes to voluntary and mandatory actions to
compensate for the costs of reducing impacts; including traffic impacts.
"Infill" means the development of housing or other buildings in vacant sites in an
already developed area.
"Infrastructure" means facilities and services needed to sustain industry, residential,
and commercial activities. Infrastructure may include, but not be limited to, water and
sewer lines, streets, and power and communication lines.
"Inholding land" means blocks of land that are surrounded on all sides by designated
long-term commercial forest lands and are crucial for conservation of those lands, but are
not directly of long-term commercial significance for forestry.
"Inn" means a commercial facility for the housing and feeding of guests, where the
principal structure of such facility has been converted from a residential use.
"Intensity" means a measure of land use activity based on density, use, mass, size and
impact.
"Level of service (LOS)" means an established minimum capacity of public facilities or
services that must be provided per unit demand or other appropriate measure of need.
(WAC 365-195-21o); a qualitative measure describing the operational conditions within the
traffic stream, and their perception by motorists and passengers.
(Page 1 ' of 21
"Local and community recreation centers" or "community centers" means places and
buildings primarily designed for use by local residences for sports, leisure -time activities, or
assembly for the public or for community service groups.
"Long-term commercial forests" or "long-term commercial forest land" means land so
designated by the county in order to provide special protection for the continued use of the
land for the production of timber Land primarily devoted to growing trees for long-term
commercial timber production on land that can be economically and practically managed
for such production as defined in RCW 36.7oA.3o(8) and (ao).
"Lot" means a designated parcel, tract, or area of land established by plat, subdivision,
or as otherwise permitted by law, to be used, developed or built upon as a unit. See Figure
17.o6 A to see location of lot lines and setbacks.
"Major arterial" or"principal arterial" means roads which convey traffic along corridors
to areas of a high density of commercial or industrial activity. Major arterial or principal
arterial emphasize mobility and de-emphasize access.
"Master planned resort" means a self-contained and fully integrated development in a
setting of significant natural amenities that includes short-term visitor accommodations
associated with a range of developed on -site indoor or outdoor recreation facilities. It may
also include permanent residential uses as an integrated plan of the overall resort
development. (WAC 365-195-210)
"Minerals" means a term which includes gravel, sand, and valuable metallic
substances. (RCW 36.7oA.o3o)
"Minor arterial" or "secondary arterial" means roads which link activity centers and
convey traffic onto major arterial. Minor arterial provide both mobility and access.
"Mixed use" means development that combines two or more different land uses in the
same project. For example, a mixed use project may include both commercial uses and
residential uses.
"Mobile home" means a factory -assembled structure, transportable in one or more
sections, that is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and includes the
plumbing, heating, and electrical systems contained therein.
"Mobile home park" means a tract of land occupied or designed for occupancy by two
or more mobile homes.
"Modular housing," or "modular home" refers to a dwelling that is designed for human
habitation and is either entirely or substantially prefabricated or assembled at a place other
than a building site. Modular homes or modular housing, commonly referred to as factory
built housing, are placed on permanent foundations. For the purposes of this chapter,
modular homes shall be treated the same as any other single-family dwelling units.
"Multifamily" means a structure containing four or more, joined dwelling units.
"Nonconforming land use" means a use or activity that was lawful prior to the
adoption, revision or amendment of the ordinance codified in this chapter but fails by
reason of such adoption, revision or amendment to conform to the present performance
standards of the Mason County development regulations.
"Nonconforming structure" means a structure that was lawful prior to the adoption,
revision or amendment to the ordinance codified in this chapter but fails by reason by such
adoption, revision or amendment to conform to the present performance standards of the
Mason County development regulations.
"Nontraditional housing types" means dwelling types other than on -site built housing
units. Nontraditional housing types include, but are not limited to, manufactured housing,
mobile homes and houseboats.
"Office" means a structure that generally houses a business, government,
professional, medical or financial institution for the nondaily needs of individuals, groups or
organizations.
"Off -premises sign" means a sign that directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location other than the premises
on which the sign is located.
"On -premises sign" means any communication device, structure or fixture that is
intended to aid in identification and to advertise and/or promote a business, service,
activity, interest or view at the location on which the sign is located.
"Open space." There are three kinds of open space land: private, common use, and
public open space. Private open space includes farms, forest lands, and other parcels of
undeveloped land. Common use open space is land within a residential development or
other development which is designated for common access by the residents of the
development or by the general community. Public open space is publicly -owned land
available for recreational use of the entire community. Open water areas, such as the hood
canal or lakes, is also often considered as open space because it creates a sense of
openness.
"Performance standards" means criteria that are established and must be met before
a certain use or intensity of use will be permitted. These measures are designed to guide
development of property and include, but are not limited to, open space requirements, site
design, bufferyards, screening, size and heights limits for buildings, noise, vibration, glare,
heat, air or water contaminants and traffic.
(Page 14 of 21
"Performance subdivision" means a subdivision or short subdivision in which the
applicant seeks to gain additional residential density by designing the proposed
development in clusters of development and areas of open space which recognizes and
preserves those land elements which are deemed worthy of protection. Within this
chapter, performance subdivisions include those authorized under Chapters 16 22 and
16.23 of this code.
"Permitted use" means any use which is authorized or allowed outright, not requiring
a special use permit or the approval of the board.
"Person." Within the context of this chapter, "person" means and intended to include
an individual, firm, partnership, association or corporation; or a state, or any political
subdivision of a state, or any agency thereof.
"Personal services" means establishments primarily engaged in providing services
involving the care of a person, or his or her personal goods or apparel.
"Planned unit development (PUD)" means a residential development that includes a
mix of housing types such as single-family, townhouses, and other multi -family, and groups
u ses to provide common open space or to include recreation such as golfing as part of the
development.
"Plat" means a map or plan, especially of a piece of land dividing into building lots.
"Political sign" means a sign advertising a candidate or candidates for public elective
office, or a political party, or sign urging a particular vote on a public issue decided by
ballot.
"Primary treatment" means the first step in wastewater treatment in which solids in a
wastewater stream are allowed to settle out. The suspended solids and the BOD
(biochemical oxygen demand) are reduced by twenty-five to forty percent.
"Public services" means and includes fire protection and suppression, law
e nforcement, public health, education, recreation, environmental protection and other
governmental services. (RCW 36.7oA.o3o)
"Public water system" means any systems of water supply intended or used for human
consumption or other domestic uses, including source, treatment, storage, transmission,
and distribution facilities where water is being furnished to any community, collection, or
n umber of individuals, but excluding a water systems serving on single-family residence.
(WAC 248.54)
"RCW" means Revised Code of Washington.
"Real estate signs" means any sign pertaining to the sale, lease or rental of land or
buildings.
"Rear yard" and "rear yard setback." The "rear yard" means the space extending the
full width of the lot between a structure or building and the rear lot line and measured
perpendicular to the building to the closest point of the rear lot line. The "setback" means
the closest distance from the structure to the rear lot line. See Figure 17.06 A.
"Recreation storage" means the storage of recreational vehicles, boats, boat trailers,
camper trailers, personal water craft, and similar outdoor recreational equipment.
"Recreational vehicle (RV) park." As defined in the mobile home and recreational parks
Ordinance No. 118-91
"Rehabilitation" means the physical improvement, remodeling, or partial
reconstruction of existing structures rather than their demolition and replacement.
"Residential development" means the development of land, or the construction or
placement of dwelling units for residential occupancy or appurtenant structures and for
accessory uses. This definition shall not be construed to authorize any use under the
variance criteria.
"Resource lands" means those lands which are suitable for agriculture, forest mineral
extraction and protected by resource lands regulations.
"Resource -based" means a use that is dependent upon, or supports uses that are
dependent upon, natural resources including, but not limited to, forestry, agriculture,
aquaculture, horticulture and mineral extraction.
"Resource -based industry" means a manufacturing, industrial, or commercial business
which requires a location near agricultural land, forest land, or mineral resource land or
aquacultural area upon which it is dependent or supports Examples include sawmills, plant
nurseries, feed stores.
"Retail" means the selling of goods or merchandise to the public and providing
services incidental to the sale of such goods. Retail does not include new and used auto
sales, boat sales, recreational vehicle sales, or mobile/modular home sales.
"Right-of-way" means land owned by a government or an easement for a certain
purpose over the land of another, used for a road, ditch, electrical transmission line,
pipeline, or public facilities such as utility or transportation corridors.
"Road adequacy standards" means standards by which government agencies can
assess whether adequate road facilities are being provided and regulated.
"Roof sign" means any sign erected upon, against or directly above a roof or on top of
or above the parapetofa building.
,Page 16 o{?1
"Runoff" means water from rain, snowmelt, or irrigation that flows over the ground
surface and returns to streams.
"Rural activity center (RAC)" means concentrated settlements within rural lands that
may include a variety of residential, small scale commercial, resource -based and rural light
industrial, recreation and public uses. They may also include a compact, pedestrian -
oriented core. They may be served by community water systems and have community
sewage treatment facilities but have only rural governmental services. They reflect an
existing development pattern, but they are not intended to expand. RAC boundaries are
e stablished in the comprehensive plan.
"Rural areas" means rural areas in Mason County include those areas not designated
as urban areas, resource lands, RACs or hamlets. They currently provide for rural
residential, farming, forestry, recreation, and single -purpose commercial, retail and
industrial uses. These uses are expected to continue and increase over the next twenty
years. In rural areas, the rural landscape will remain dominant, and include a variety of
protected natural features.
"Rural lands" means those areas outside of designated resource lands and urban
growth areas. Natural features contribute significantly to rural character of these lands.
These features include, but are not limited to, forests, farmlands, and farm buildings,
pastures, meadows, shorelines, wetlands, streams, lakes, hills and mountains. Types of
u ses within rural lands include resource -based land uses, recreational uses, residential uses,
and low intensity nonresidential uses. Rural lands can be served by rural governmental
services and included districts such as rural activity centers, hamlets and rural areas.
"Sandwich board sign" means an "a -framed" portable sign measured by height X
width.
"Sanitary sewer systems" means all facilities, including approved on -site disposal
facilities, used in the collection, transmission, storage, treatment or discharge of any
waterborne waste, whether domestic in origin or a combination of domestic, commercial
or industrial waste. (WAC 365-195-21o)
"Secondary treatment" means the second step in purifying sewage which uses
biological processes in additional to settling and provides purification from eighty-five to
n inety-five percent.
"Seismic hazard areas" means areas subject to severe risk of damage as a result of
e arthquake induced ground shaking, slope failure, settlement or soil liquefaction.
(Page 17 of 21
"Self -Storage Facility" means a building or group of buildings containing separate,
individual, and private storage spaces of varying sizes available for lease or rent for varying
periods of time.'
"Sewage" means the total of organic waste and wastewater generated by residential,
industrial and commercial establishments.
"Sewer" means the closed pipe which carries raw sewage from a home or business to a
treatment facility.
"Sewerage" means the entire system of sewage collection, treatment and disposal.
"Side yard" and "side yard setback" mean the space extending the full width of the lot
between a structure or building and the side lot line and measured perpendicular to the
building to the closest point of the side lot line. The side yard setback is the closest distance
from the structure to the side lot line. See Figure 17.06 A.
"Sight distance" means the length of a roadway required which is sufficient enough to
ensure safe operation of a motor vehicle at posted speeds.
"Sign" means any communication device, structure or fixture that is intended to aid in
identification and to advertise and/or promote a business, service, activity or interest. For
the purpose of this chapter, a sign shall not be considered to be building or structural
design, but shall be restricted solely to graphics, symbols or written copy that is meant to
be used in the aforementioned way.
"Single-family dwelling" means a detached building containing one dwelling unit.
"Small scale" means a term which indicates that development regulations will limit the
intensity, size, scale, number of uses and other factors of a particular development.
"Small scale business" means any business entity, including a sole proprietorship,
corporation, partnership, or other legal entity, that is owned and operated independently
from all other businesses, that has the purpose of making a profit, and that has twenty or
fewer employees.
"Solid waste" means all putrescible and nonputrescible solid and semisolid wastes,
including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition
and construction wastes, abandoned vehicles or parts thereof and recyclable materials.
(RCW 7o.95.o3o)
"Special needs housing" means all housing that is designed for an individual or family
who requires supportive social services in order to live independently or semi -
Moskowitz, Harvey S. (2oo4) The latest illustrated book of development definitions (new expanded ed.) Rutgers, the
State University of New Jersey
independently. These households require all types of housing including emergency,
transitional and permanent housing. Special needs groups include, but are not limited to,
the homeless; elderly; AIDS victims; single parents; runaway and homeless youth; severely
physically handicapped; mentally and emotionally disturbed; chronically mentally ill,
developmentally disabled; farm workers (migrant labor households) and persons with
substance abuse problems. (Washington State Department of Community Development,
Assessing your Community's Needs, a Practical Guide to Preparing Housing Assessments
under the GMA and CHAS Requirements, June 1992 )
"Special use permit" means a "special use" refers to a land use that are found to
possess characteristics relating to their size, numbers of people involved, the traffic
generated, and their immediate impact on the area which makes impractical their being
identified exclusively with any particular performance district as defined in this chapter. In
order to determine that the location of these uses will not be unreasonably incompatible
with uses permitted in the surrounding areas; and to permit the planning commission to
recommend stipulations and conditions as may reasonably assure that the basic intent of
this chapter will be served, these uses will be subject to review and recommendation by the
planning commission and final determination by the board regarding the approval, denial
or approval with conditions for the issuance of a special use permit by the Mason County
community department of community development.
"State Environmental Policy Act (SEPA)" means a Washington state Iaw requiring the
systematic assessment of the environmental impacts of any action that is expected to
significantly affect the environment.
"Structure" means anything constructed in the ground, or anything erected which
requires location on the ground, or is attached to something having location on or in the
ground, but not including fences or signs seven feet or less in height, driveways, or other
paved areas.
"Subdivision" means the division of a lot, tract, or parcel of land into two or more Tots,
plats, sites, or other divisions of land for the purpose of sale, lease, or transfer of
ownership, unless specifically exempted in RCW Chapter 58.17.040.
"Surface waters" means streams, rivers, ponds, lakes or other waters designated as
"waters of the state by the Washington Department of Natural Resources (WAC 222-16-
030)."
"Temporary sign" means those signs associated with a particular event or short-term
activity, such as, but not limited to; agricultural or garage sales signs, festival, carnival or
parade signs, political signs and real estate signs, which are to be removed within ten days
when the event or activity ends.
"Tertiary treatment" means the third step in purifying sewage that removes additional
nutrient levels.
,,Page 19 of 21
"Urban governmental services" means and includes those governmental service
historically and typically delivered by cities, and include storm and sanitary sewer services,
fire and police protection services, public transit services and other public utilities
associated with urban areas and normally not associated with non -urban areas. (RCW
36.7oA.o3o)
"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 such land for the production of food, other agricultural products, or
fiber, or the extraction of mineral resources. 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. (RCW
36.7oA.o3o)
"Urban growth area" means those areas designated by a county pursuant to RCW
36.70A.11o.
"Urban level of facilities and services" means those services defined as "urban
governmental services" with levels of service as defined within capital facilities element of
the Mason County comprehensive plan.
"Utilities or public utilities" means enterprises or facilities serving the public by means
of an integrated systems of collection, transmission, distribution, and processing facilities
through more or Tess permanent physical conditions between the plant of the serving
entity and the premises of the customer. Included are systems for the delivery of natural
gas, electricity, telecommunications services, and water for the disposal of sewage. (WAC
365-195-21o)
"Water dependent use" means a use or portion of a use which cannot exist in any other
location and is dependent on the water by reason of the intrinsic nature of its operations.
Examples of some water dependent uses include: boat ramps, swimming areas,
aquaculture, marinas, water intakes and outfalls, fish pens and fish screens.
"Watershed" means region drained by or contributing water to a stream, lake or other
body of water.
"Wetland or wetlands" means areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support, and under normal
circumstances do support, a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swaps, marshes, bogs and similar areas.
Wetlands do not include those artificial wetlands intentionally created from nonwetland
sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales,
canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape
amenities, or those wetlands created after July a,1990, that were unintentionally created
as a result of the construction of a road, street, or highway. Wetlands may include those
artificial wetlands intentionally created from nonwetland areas created to mitigate
conversion of wetlands. (RCW 36.7oA.o3o)
(Page 21 of 21