HomeMy WebLinkAbout100-07 - Ord. Amending Chapter 17.04 Rural Land Development Standards and 17.05 Administrative Procedures01 INANCE NUMBER 100 - 07
AN ORDINANCE AMENDING PORTIONS OF
MASON COUNTY DEVELOPMENT REGULATIONS
CHAPTER 17.04 RURAL LANDS DEVELOPMENT STANDARDS AND
CHAPTER 17.05 ADMINISTRATIVE PROCEDURES.
AN ORDINANCE amending the Mason County Development Regulations, M.C.0 17.01 to
17.06, regarding height limits on necessary structural elements for otherwise compliant permitted
land uses in Rural Residential and Commercial zones; certain permitted outdoor recreation land
uses in Rural Tourist zones; adding automotive or non -automotive repair / service to the Rural
Commercial 2 zone standards on a change of use for Non -Conforming Uses by special use
permit review and listing required information for Special Use Permit submittal; under the
authority of Chapters 36.70 and 36.70A RCW; Article 11, Section 11 of the State Constitution,
the County's police power; and any other applicable authority.
WHEREAS, the Mason County Development Regulations (M.C.0 17.01 to 17.06) was last
amended by Ordinance No. 91-07 on July 31, 2007;
WHEREAS, the Department of Community Development has prepared revisions to this
implementing ordinance by which the Department of Community Development can evaluate and
approve a proposed development and land divisions that are conforming with clear development
standards and are not in conflict with existing land uses and property rights;
WHEREAS, at the April 16, 2007 Mason County Planning Advisory Commission meeting, the
proposed ordinance revisions to the Mason County Development Regulations, were presented,
and the Planning Advisory Commission members discussed the revisions with staff and the
public and then passed motions to recommend approval of these proposed ordinance changes;
WHEREAS, the Board of County Commissioners held a public hearing about the proposed
revisions on September 4, 2007, to consider the recommendations of the Planning Advisory
Commission, and the testimony of the Mason County Department of Community Development
and citizens on the proposed revisions to the Mason County Development Regulations; and
WHEREAS, based upon the staff report, the proposed ordinance revisions to the Mason County
Development Regulations, and public testimony the Mason County Board of Commissioners
has approved findings of fact to support its decision as ATTACHMENT A.
Ordinance No. - 06 (continued)
NOW, iHEREFORE, _B 1-i, I 1-,,_' ' tY OR JAIN 1-1;D, that
Commissioners adopts a motion to approve amending the _ason County 'eve1oprnent
Reg-::anor_s, M o C o C : 7 .01 to : 7 o O6, regarding height limits on necessary structuracicmer is for
otherwise com p1iant permitted :and uses in Run Residential and Commercial zones; certain
permitted outdoor recreation land uses in R' ura T?cPt zones; adding automotive or non -
automotive repair / service to the Rural Comn_e_Aciay 2 zone; standards on a change of use for
on=Con: oriming Uses by special_ use permit review; and ;istirg required information for Specia
Use Permit s uhnittal; as descr±bed by A ' 1ACJ HM H B o
TIED this 4th day or September 2007.
TTIHILJ'r�
s3L4eiteeen )0cieet
Clerk of the Board
APPROVED AS _'O FORM:
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type iVason County oand o:
G ARD OF COU T7Y COMMISSIONERS
MASW_ COUNTY, NTY, WASHINGTOI
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Lyn ng 1'rrickson, CHAIRPERSON
Tim Sheldon, COMMISSIONER
ss Gallagher, CO 1 ISSIO\
ATTACHMENT A
AN ORDINANCE AMENDING PORTIONS OF
MASON COUNTY DEVELOPMENT REGULATIONS
CHAPTER 17.04 RURAL LANDS DEVELOPMENT STANDARDS AND
CHAPTER 17.05 ADMINISTRATIVE PROCEDURES.
MASON COUNTY BOARD OF COMMISSIONERS
September 4, 2007
FINDINGS OF FACT
1. Under consideration are revisions to the Mason County Development Regulations, regarding
height limits on necessary structural elements for otherwise compliant permitted land uses in Rural
Residential and Commercial zones; certain permitted outdoor recreation land uses in Rural Tourist
zones; adding automotive or non -automotive repair / service to the Rural Commercial 2 zone; standards
on a change of use for Non -Conforming Uses by special use permit review; and listing required
information for Special Use Permit submittal; under the authority of Chapters 36.70 and 36.70A RCW;
2. The Mason County Department of Community Development staff has prepared an evaluation
report and presented the proposed revisions to the Mason County Development Regulations, which set
forth certain development standards and procedures to evaluate and approve proposed development and
land divisions in Mason County;
3. At the April 16, 2007 Mason County Planning Advisory Commission meeting, the proposed
ordinance revisions to the Mason County Development Regulations, were presented, and the Planning
Advisory Commission members discussed the revisions with staff and the public and then passed
motions to recommend approval of these proposed ordinance changes;
5. At the September 4, 2007 public hearing, the Board of County Commissioners considered the
recommendations of the Planning Advisory Commission, and the testimony of Department of
Community Development staff and citizens regarding the proposed ordinance revisions to the Mason
County Development Regulations;
FROM THE PRECEDING FINDINGS, and based upon the staff report, proposed revisions, and public
testimony, the Mason County Board of Commissioners adopts a motion to approve the revisions to the
Mason County Development Regulations, regarding height limits on necessary structural elements for
otherwise compliant permitted land uses in Rural Residential and Commercial zones; certain permitted
outdoor recreation land uses in Rural Tourist zones; adding automotive or non -automotive repair /
service to the Rural Commercial 2 zone; standards on a change of use for Non -Conforming Uses by
special use permit review; and listing required info ation for Special Use Permit submittal.
Chair, Mason County Board of Commissioners Date
ATTACHMENT B
MASON COUNTY DEVELOPMENT GULATIONS
17.04.210. Rural Residential 2.5 ( 2.5)
17.04.214 Building Regulations.
A. Floor Area Ratio. 1:20, except for fire stations.
B. 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, er water
tanks, or necessary structural elements for an otherwise compliant peiiiiitted land
use.
17.04.220. Rural Residential 5 (RR 5)
17.04.224 Building Regulations.
A. Floor Area Ratio. 1:20, except for fire stations.
D. Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except
for dwelhngs and agricultural buildings.
E. Height. 35 feet, except for agricultural buildings, cell towers, antennas, Of water
tanks, or necessary structural elements for an otherwise compliant permitted land
use.
17.04.230. Rural Residential 10 (RR 10)
17.04.234 Building Regulations.
A. Floor Area Ratio. 1:20, except for fire stations.
F. Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except
for dwellings and agricultural buildings.
G. Height. 35 feet, except for agricultural buildings, cell towers, antennas, Of water
tanks, or necessary structural elements for an otherwise compliant permitted land
use.
17.04.240. Rural Residential 20 (RR 20)
17.04.244 Building Regulations.
A. Floor Area Ratio. 1:20, except for fire stations.
H. Size 3,000 sq. feet maximum for non-agricultural and accessory buildings except
for dwellings and agricultural buildings.
I. Height. 35 feet, except for agricultural buildings, cell towers, antennas, er water
tanks, or necessary structural elements for an otherwise compliant permitted land
use.
17.04.330 Rural Commercial 2 (RC 2)
17.04.331 Purpose. (See Section 17.02.043)
17.04.332 Uses Permitted.
A. USES Convenience/general store, Retail, Restaurant, vehicle and
equipment repair and maintenance (automotive, truck, faini implement,
and small engines), Small office, Laundry, Professional services, Public
meeting space, Nursery, Post office/Fire Station, Church, Local
community and recreation centers, Commercial/government operated day
care, Single-family residential.
B. USES PERMITTED WITH SPECIAL USE PERMIT: Gas, Self storage.
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17.04.334 Building Regulations.
A. Floor Area Ratio. 1:5, except for fire stations.
B. Size. Maximum of 4,500 sq. feet for single tenant and 7,500 sq. feet for multiple
tenant no maximum for dwellings.
C. Height.. Two floors not to exceed 35 feet maximum except for agricultural
buildings, cell towers, antennas, of water tanks, or necessary structural elements
for an otherwise compliant permitted land use.
17.04.340 Rural Commercial 3 (RC 3)
17.04.344 Building Regulations.
A. Floor Area Ratio. 1:5, except for fire stations.
D. Size. Maximum of 4,500 sq. feet for single tenant and 7,500 sq. feet for multiple
tenant no maximum for dwellings.
E. Height. Two floors not to exceed 35 feet maximum except for agricultural
buildings cell towers, antennas, Of water tanks, or necessary structural elements
for an otherwise compliant peiiniitted land use.
17.04.350 Rural Commercial 4 (RC 4)
17.04.354 Building Regulations.
A. Floor Area Ratio. 1:5, except for fire stations
F. Size. Maximum of 4,500 sq. feet for single tenant and 7,500 sq. feet for multiple
tenant; no maximum for dwellings.
G. Height. Two floors not to exceed 35 feet maximum except for agricultural
buildings cell towers, antennas, er water tanks, or necessary structural elements
for an otherwise compliant peiuiitted land use.
17.04.600 RURAL TOURIST (RT)
17.04.601 Purpose. (See Section 17.02.047)
17.04.602 Uses Permitted.
A. USES: Marina - Sales, Service and Storage; overnight lodging facilities, including
motel, RV park, campgrounds, and bed and breakfast; golf course, restaurant,
retreat centers and commercial or non-profit recreational activity facilities (such
as water parks bicycle courses and racquet court sports).
B. ACCESSORY USES: Employee housing; Retail and Gas (1,000 sq.. ft. maximum
building size); Self Storage (Contained space has 1,000 sq. ft. maximum building
size; outdoor storage limited to recreation storage).
C. SPECIAL PERMIT REQUIRED USES* Motorized commercial outdoor recreation; air
transportations and rifle ranges.
17.04.607 Special Provisions.
A. Application to RT uses requires applicant to provide such information: Access to
state and county roads; location and size of lot(s); land uses on adjacent properties;
potential impacts to existing residential uses; how is proposed use related to
recreational and tourist activities and/or to commercial services to tourists and
adjacent rural populations
B.
17.04
17.04.
17.04.
A.
B.
C.
RV parks shall comply with the following additional standards
1. No recreational vehicle shall remain in the RV park for rental purposes or for
a time period of more than 120 consecutive days and 180 days in a 360 day
period (this standard applies to new occupants at existing mobile home and
recreational vehicle parks, and to new mobile home and recreational vehicle
parks). The RV park management shall maintain rental records identifying
each RV and registered occupant and shall present them to the county on
written request. Failure to maintain or to present these records on request
shall be sufficient grounds to rescind the RV park permit.
2. The recreational vehicle shall be built on a chassis and self-propelled or
permanently towable, and shall not be set up in a RV park as a permanent
structure for limited use.
The following Additional information stated in Section 17.05.046, is required for special
use permits, to aid in analyzing the request, preparing necessary conditions, and
providing consistency with dimensional and performance standards in these and other
relevant county regulations. including but not limited to: the location and size of lot(s);
adjacent properties and potential impacts to those uses by the proposal• provision of
parking areas and stormwater facilities; hours of operations; anticipated sources of noise,
glare, or odors from proposed use(s); grading proposed; stormwater and erosion control
services provided; and traffic studies from activities
Pre@ased7
.610 RURAL TOURIST — CAMPGROUND (RTC)
611 Purpose. (See Section 17.02.047)
612 Uses Permitted.
USES Overnight lodging facilities, including RV park, and campgrounds; Golf
course, retreat centers, and commercial or non-profit recreational activity facilities
(such as water parks, bicycle courses, and racquet court sports).
ACCESSORY USES Employee housing; motel and bed and breakfast; Marina -
sales, service and storage; retail, gas, self storage, restaurant.
SPECIAL PERMIT REQUIRED USES: Motorized commercial outdoor recreation, and
rifle ranges.
17.04.617 Special Provisions.
A. Application to RTC uses requires applicant to provide such information. Access to
state and county roads; location and size of lot(s); land uses on adjacent properties;
potential impacts to existing residential uses; how is proposed use related to
recreational and tourist activities and/or to commercial services to tourists and
adjacent rural populations
B. RV parks shall comply with the following additional standards:
1. No recreational vehicle shall remain in the RV park for rental purposes or for
a time period of more than 120 consecutive days and 180 days in a 360 day
period (this standard applies to new occupants at existing mobile home and
recreational vehicle parks, and to new mobile home and recreational vehicle
parks). The RV park management shall maintain rental records identifying
each RV and registered occupant and shall present them to the county on
written request. Failure to maintain or to present these records on request
shall be sufficient grounds to rescind the RV park permit.
2. The recreational vehicle shall be built on a chassis and self-propelled or
permanently towable, and shall not be set up in a RV park as a peiuianent
structure for limited use.
Additional information, stated in Section 17.05.046, is required for special
use permits, to aid in analyzing the request, preparing necessary conditions, and
providing consistency with dimensional and performance standards in these and other
relevant county regulations.
site plan with areas of proposed use; access to state and county roads; land uses on
adjacent properties and potential impacts to those uses by the proposal; provision of
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glare, or odors from proposed use(s); grading proposed; stormwater and erosion control
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proposed.
17.05.018 Change of Use
Any current nonconforming use of land or a structure shall not be changed to any other use,
unless:
1. The new use conforms to the provisions of this Ordinance; or
2. The new use is of equal or lesser intensity than the most current use, as determined
by the Classification of Land Uses, FIGURE 1 03.034, or
3. By Special Use permit, the new use is of equal to or less intensity than any
prior use that occurred in a ten-year period preceding the date of
application for said Special Use Permit, based upon the current site
conditions and compatibility with area land uses; and
4. Provided that the land use has not been abandoned per Section 17.05.016.
17.05.040 Special Uses
17.05.046 Procedural Requirements for a Special Use Permit
Review procedures shall follow the standards of Title 15 Development Code Section 15.09
Review and Approval Process. The following additional information is required as applicable,
for applications for special use permits to aid in analyzing the request, preparing necessary
conditions, and providing consistency with dimensional and performance standards in these and
other relevant county regulations. Including but not limited to:
1) the location and size of lot(s);
2) site plan with areas of proposed use;
3) access to state and county roads;
4) land uses on adjacent properties and potential impacts to those uses by the proposal;
5) provision of parking areas and stormwater facilities;
6) hours of operations;
7) anticipated sources of noise, glare, or odors from proposed use(s);
8) grading proposed;
9) stoi nwater and erosion control plans*
10) sanitation and support services provided; and
11) traffic studies from activities proposed.