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Home My WebLink About24-04 - Ord. Amending Ord. 82-96 County Development Regulations and Title 8 County Resource ORDINANCE NUMBER 4 - 04 AMENDMENTS T MASON COUNTY DEVELOPMENT REGULATIONS (ORD. NO. 82-96) AND TITLE 8 MASON COUNTY RESOURCE ORDINANCE . AN ORDINANCE amending the Mason County Development Regulations, regarding certain definitions ; permitted and similar uses ; special use permits for church, cemetery, motorized commercial outdoor recreation and air transportation land uses ; and administrative variance review of rear yard setbacks ; and amending the Mason County Resource Ordinance regarding certain definitions , under the authority of Chapters 36 . 70 and 36 . 70A RCW . WHEREAS , Mason County adopted the Mason County Development Regulations (Ordinance No . 82-96) which was last amended by Ordinance No . 65-03 on July 1 , 2003 , and adopted the Mason County Code Title 8 Mason County Resource Ordinance, which was last amended by Ordinance No . 5943 on June 10, 2003 ; WHEREAS , the Department of Community Development has prepared revisions to these two implementing ordinances by which the Department of Community Development can evaluate and approve a proposed development that is conforming with clear development standards and is not in conflict with existing land uses and property rights ; WHEREAS , at the January 26 , February 9 and February 23 , 2004 Mason County Planning Advisory Commission meetings, the proposed ordinance revisions in the Development Regulations and Resource Ordinance were presented, and the Planning Advisory Commission members evaluated and passed motions to recommend approval of these proposed revisions ; WHEREAS , the Board of County Commissioners held a public hearing about the proposed revisions on April 6 , 2004, 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 Resource Ordinance ; and WHEREAS , based upon the staff report, text of the proposed revisions , and public testimony, the Mason County Board of Commissioners has approved findings of fact to support its decision as ATTACHMENT A. NOW, THEREFORE, BE IT HEREBY ORDAINED , that the Mason County Board of Commissioners hereby approves and ADOPTS the amendments to the Mason County Development Regulations , regarding certain definitions ; permitted and similar uses ; special use permits for church, cemetery, motorized commercial outdoor recreation and air transportation Ordinance 24 - 04 (continued) land uses ; and administrative variance review of rear yard setbacks ; and the amendments to the Mason County Resource Ordinance regarding certain definitions , as described by ATTACHMENT B . DATED this 6th day of April 2004 . BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST : G4 le4 cv k� c : Wesley H. John n CHAIRPERSON J I/1.Q� y , Clerk of the Board APPROVED AS TO FORM. Herb Baze, COMMISSIONER _ Cam, r119A - � if Prosecuting Attorney ,- Jay4 K ' in, COMMISSIONER ATTACHMENTA AN ORDINANCE E ING E MASON COUNTY DEVELOPMENT REGULATIONS SON COUNTY RESOURCE ORDINANCE STANDARDS MASONCOUNTY BOARD OF COMMISSIONERS April 6, 2004 FINDINGS OF FACT 1 . Under consideration is the proposed ordinance to amend the Mason County Development Regulations, regarding certain definitions ; permitted and similar uses ; special use permits for church, cemetery, motorized commercial outdoor recreation and air transportation land uses ; and administrative variance review of rear yard setbacks ; and to amend the Mason County Resource Ordinance regarding certain definitions, . 2 . The Mason County Development Regulations set forth land use designations and development standards for proposed projects in Mason County; these standards include zoning districts, permitted uses, and dimensional requirements for land divisions . The Mason County Resource Ordinance designates resource lands and critical areas and describes the standards and review procedures for proposed development in Mason County. 3 . The Mason County Department of Community Development staff have presented proposed revisions to these ordinances which establish or clarify evaluation standards for residential development; special use permits for church, cemetery, motorized commercial outdoor recreation and air transportation land uses ; and administrative variance review of rear yard setbacks 4 . At the January 26, February 9 and February 23 , 2004 Mason County Planning Advisory Commission meetings , the proposed ordinance revisions in the Development Regulations and Resource Ordinance were presented, and the Planning Advisory Commission members evaluated through discussions with staff and the public and, then passed motions to recommend approval of these proposed ordinance changes . 5 . At the April 6 , 2004 public hearing, the Board of County Commissioners considered the recommendations of the Planning Advisory Commission, and the testimony of the Mason County Department of Community Development and citizens regarding the proposed revisions to the Mason County Development Regulations and Resource Ordinance . FROM THE PRECEDING FINDINGS , and based upon the staff report, text of the proposed revisions , and public testimony, the Mason County Board of Commissioners adopts a motion to approve the amendments to the Mason County Development Regulations , regarding certain definitions ; permitted and similar uses , special use permits for church, cemetery, motorized commercial outdoor recreation and air transportation land uses ; and administrative variance review of rear yard setbacks ; and the amendments to the Mason County Resource Ordinance regarding certain definitions, Chair, Mason County Board of Commissioners Bate ATTACHMENT B VISIONS TO COMPREHENSIVE PLAN DEVELOPMENT STANDARDS PART I Note that the proposed text is italics, new text is underlined and that deleted text is stfuek ems. a ) new definition in Mason County Development Regulations : 1 . 06 Definitions Insert in order: Residential Development The development of land, or the construction or placement of dwelling units for residential occupancy and accessory uses. . new definition in Mason County Resource Ordinance : 17. 1 .240 Definitions Insert in order: Residential Development. The development of land, or the construction or placement of dwelling units for residential occupancy and accessory uses. b) revise definitions in Mason County Development Regulations : 1 . 06 Definitions Insert in order: Front Yard and Front Yard Setback. 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. and The setback is measured perpe„ aieu ,, *� from the building to the closest point of the front lot line or road easement boundary, whichever is closer. See Figure 1 . 06 A . Lot. 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 1 . 06 A . to see location of lot lines and setbacks. c) Revise for clarification in Mason County Development Regulations : 1 . 06 Definitions Insert following title : 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 ofDevelopment Definitions. New Brunswick, NJ, Center for Urban Policy Research, 1993, except as specifically defined in separate county ordinance (s) . JAGMSHARE\DEV-REGS\comp plan amendments\2003 regulation review\Revisions to development 1 standards pt 1 March 2004 . doc d ) Revise text for clarification . The following term is deleted because it is not used in the Development Regulations text . example, the City of Shelton is the enly-a Sa. e. . e. . 4 . 6 . ., tea., Wifer . ° O .. . . . '.6 n the Ru asc . sa cams Of Ma SOH vvvanay e) Regarding permitted / similar uses discussed in Mason County Development Regulations , revise the sections below: 1 . 01020 Matrix of Permitted Uses The intent of this section is to assist proponents and staff in determining whether a proposed land use is consistent with the appropriate applicable policies of the Comprehensive Plan. Those policies were formed with the intention to allow property owners and project proponents as much flexibility as possible in the use of their property, within the constraints of the Growth Management Act. Therefore, the following matrix identifies the permitted uses in is , Whet, , e,. a r .,,.t; ,., , 1 .,,, land use fi the urban or resource land areas in Mason County. ehafaeter- of the afea wher-e it is proposed. However-, it is Feeognized that sueh an appfeaeh is limited in its ability to deal fairily with eaeh uni"e pr-E eet pFOpOsed. if pfepenefA ean demenstfate, through studies of sueh measufes as trip enefation, type e needs, and ehepAele ehar-aetefisties e,f the use, that the land use of the. pfejeet as pfopese Administrator- in addition to the infeEmation in the matrix . These Feqt4emenLs Permitted uses, as they apply to Rural Lands, have been placed in Chapter 1 . 04 . All uses not listed as permitted uses , accessory uses , or s ep cial permit uses in the matrix or Chapter 1 . 04 are prohibited uses . SV3 ,'VT'r2— Uses —Per-wTtted The list of uses set forth in FIGIURE 1 . 03 . 020 or- in Chapter- 1 . 04 is not irAended to be all inelusive . if an CNNlieapA YNeYe " e" u use vvuivi is not listed, the Administrator- may, but s not r-equifed �7 efmine * .hethe f the ois similaf to a pfm eitte'1a- usse,- t he detefminationthen the Administrator- 9 7 eentemplated within the development afea. The AdministFatef shall maintain a list of all, bu4 is not required to look to the—by whieh list shall be JAGMSHAREMEV-BEGS\comp plan amendments\2003 regulation review\Revisions to development 2 standards pt 1 Marcia 2004 . doc L030023 Sim; t 9 authorize uses fef all Develepment24eas Chapter- 1 . 04 . In mak4ng an affifmative determination that a use is similar- to ene the land use ehar-aeter-isties fit the urban of Ewa! ehafaeter- of the suffounding afea b as trip gener-ation and type of 9 paiking and ) demands, ) 9 the use . In making an affifmatWe 9 the Administfater- shoWd find that the use eharaeteFisties diff-er by less than 10 per-eent from the ehafaeter-isties of the use. UtJVL111Vi.411}'-V f) Revise in Mason County Development Regulations : [church land use and building size] 1 . 04 .212 Uses Permitted. (RR2 . 5) A. USES : Single family residential, Hobby farm (Small scale commercial agriculture, including aquaculture and wood lots) , Churches, Group homes, Cell towers , Public utilities . B . ACCESSORY USES : Cottage Industry (home occupation) 1 . 04.217 Special Provisions . (RR2 . 5) C . Government operated day care centers , essential public facilities, churches, community centers, and schools may exceed 3 , 000 sq . feet as approved by a special use permit 1 . 04.227 Special Provisions . (RR5) C . Government operated day care centers, essential public facilities, churches, community centers, and schools may exceed 3 , 000 sq . feet as approved by a special use permit . 1 .04.237 Special Provisions . (RR10) C . Government operated day care centers, essential public facilities, churches, community centers, and schools may exceed 3 , 000 sq. feet as approved by a special use permit. 1 . 04.247 Special Provisions . (RR20) C . Essential public facilities and churches may exceed 3 , 000 sq . feet as approved by the special use permit. g) Revise as new section in Mason County Development Regulations : 1. 03. 025 Provisionsfor Airports. A . Airports and heliports are a land use suitable for location within an urban growth area and are not allowed as a cottage industry to another land use in the Rural Area. R. Airport overlay zones set out the standards for appropriate land uses and J : \GMSHARE\DEV-BEGS\comp plan amendents\2003 regulation review\Revisions to development 3 standards pt 1 March 2004 . doc structure heights within that overlay zone. C. Proposals to expand airport operation land uses or to develop new land uses in the airspace and approach corridors shall be reviewed for compliance with subarea planning development standards and with the policies of port comprehensive planning. D. Airplane landing strips and helistops used for commercial or industrial land uses ai;e- et may be allowed with a Special Use Permit in Rural Tourist and Rural Industrial zones, are allowed in the Rural Natural Resources zone, but are not otherwise allowed in the Rural Area. h) Revise as new section in Mason County Development Regulations : 1 ® 4.600 RURAL TOURIST ( ) 1 . 0 . 602 Uses Permitted. A. USES : Marina - Sales, Service and Storage, Lodging facilities , including motel, RV park, Campgrounds, and Bed and breakfast, Golf course, Restaurant, Retreat centers, Outdoor recreation 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 transportation ; and rifle ranges. 1 . 04. 607 Special Provisions , A. Application to RT uses requires applicant to provide sueh information on: 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 is 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 permanent structure for limited use . C. The , ollowing additional information is required for motorized commercial outdoor recreation s including but not limited to : grading proposed, stormwater and erosion control plans, sanitation and support services provided, and traffic studies from activities proposed. JAGMSHARE\DEV-REGS\comp plan arnendments\2003 regulation review\Revisions to development 4 standards pt 1 March 2004 . doc LOC610 RURAL TOURIST CAMPGROUND (RTC) 1 . 04 . 612 Uses Pernfitted. A. USES : Lodging facilities , including RV park, and campgrounds, Golf course, retreat centers, and outdoor recreation. Be ACCESSORY USES : Employee housing; motel and bed and breakfast; Marina an sales, service and storage; retail, gas , self storage, restaurant. C. SPECIAL PERMIT REQUIRED USES: Motorized commercial outdoor recreation; : and rifle ranges. 1 . 04. 617 Special Provisions. A. Application to RTC uses requires applicant to provide stleh information on : Access to state and county roads ; location and size of lot(s) ; land uses on adjacent properties ; potential impacts to existing residential uses ; how4s proposed use is related to recreational and tourist activities , andle to commercial services to tourists and to adjacent rural populations . Be 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. C. The following additional information is required for motorized commercial outdoor recreation shaU belgrevid , including but not limited to : grading proposed, stormwater and erosion control plans, sanitation and support services provided, and traffic studies from activities proposed. L04 .400 RURAL INDUSTRIAL (RI) 1 . 04.401 Purpose. The Rural Industrial (RI) district provides for isolated areas of primarily existing industrial type uses . 1 . 04.402 Uses Permitted. A. USES : Manufacturing, Warehousing, Truck yards , Contractor yards . Be ACCESSORY USES : Retail space not to exceed 10 % of the floor area. C. SPECIAL PERMIT REQUIRED USES: Accessory air transportation. And insert in order in Mason County Development Regulations : 1 . 06 Definitions Air Transportation. Commercial air transport service, such as charter and/or docking facilities. JAGMSHARE\DEV-REDS\comp plan amendments\2003 regulation review\Revisions to development 5 standards pt 1 March 2004 . doc i) Revise as new section in Mason County Development Regulations . 1 . 03 . 027 Provisions for Cemeteries . le04110e Rural Residential 2 .5 (RR 2 .5) 1 . .212 Uses Permitted. A. USES : Single family residential, Hobby farm (Small scale commercial agriculture, including aquaculture and wood lots), Group homes , Cell towers, Public utilities . Be ACCESSORY USES : Cottage Industry (home occupation) . Co SPECIAL PERMIT REQUIRED USES. Cemetery. le04120o Rural Residential 5 5) 1 . 04. 222 Uses Permitted. A. USES : Single family residential, Hobby farm (Small scale commercial agriculture, including aquaculture and wood lots) , Church, Local community and recreation centers, Group homes, Cell towers, Fire station, Fish hatchery, Public utilities . B . ACCESSORY USES : Cottage Industry (home occupation) , Single family residence. C . SPECIAL PERMIT REQUIRED USES : Essential public facility, Schools, commercial day care centers, cemetery, and home occupations and cottage industries that do not meet the standards in Section 1 . 03 . 021 . 1 .04.230. Rural Residential 10 10) 1 . 04.232 Uses Permitted. A. USES : Single family residential, Hobby farm (Small scale commercial agriculture, including aquaculture and wood lots) , Church, Local community and recreation centers, Group homes, Cell towers, Fire station, Fish hatchery, Public utilities. Be ACCESSORY USES : Cottage Industry (home occupation), Single family residence . C . SPECIAL PERMIT REQUIRED USES : Essential public facility, Schools, commercial day care centers, cemetery, and home occupations and cottage industries that do not meet the standards in Section 1 . 03 . 021 . 1 . 04.240. Rural Residential 20 (RR 20) 1 . 04.242 Uses Permitted. A . USES : Single family residential, Hobby farm (Small scale commercial agriculture, including aquaculture and wood lots), Church, Local community and recreation centers, Group homes , Cell towers , Fire station, Fish hatchery, Public utilities . Be ACCESSORY USES : Cottage Industry (home occupation) , Single family residence . C . SPECIAL PERMIT REQUIRED USES : Essential public facility, cemetery, and home occupations and cottage industries that do not meet the standards in Section L03 . 021 . JAGMSHARE\DEVw,BEGS\comp plan amendments\2003 regulation review\Revisions to development 6 standards pt 1 March 2004 . doc 1 . 06 Definitions Insert in order: Cemetery: In accordance with R. C. W. 68. 40, any one or combination of the following land uses in a place used for, or intended to be used and dedicated, for cemetery purposes : 1) burial park for earth interment; 2) mausoleum for crypt interment; and columbarium for permanent cinerary interment. 1) Revise as new section in Mason County Development Regulations : . . . Structures and Uses . 1 . 05. 006. Review of Structures Structures which are assembled for a certain purpose or use shall be reviewed under the standards of that use (for example, boathouse, dock, boat lift, shed, or deck), whether secured in a fixed location or on a mobile framework. gg ) Revise existing text in Development Regulations : [ rear yard setback] MASON COUNTY DEVELOPMENT REGULATIONS 1 . 04.217 Special Provisions . (RR2 . 5 ) E . Front yard or rear yard setback may be reduced as provided in Section 1 . 05 . 034 . 0 or side yard setback may be reduced as provided in Section 1 . 05 . 034 .D . 1 . 04.227 Special Provisions. (RR5 ) E . Front yard or rear yard setback may be reduced as provided in Section 1 . 05 . 034 . 0 or side yard setback may be reduced as provided in Section 1 . 05 . 034 .D . 1 .04.237 Special Provisions . (RR10) E . Front yard or rear yard setback may be reduced as provided in Section 1 . 05 . 034 . 0 or side yard setback may be reduced as provided in Section 1 . 05 . 034 .D . 1 .04.247 Special Provisions . (RR20) E . Front yard or rear yard setback may be reduced as provided in Section 1 . 05 . 034 . 0 or side yard setback may be reduced as provided in Section 1 . 05 . 034 . D . J :\GMSHARE\DEV-REGS\cornp plan amendments\2003 regulation review\Revisions to development 7 standards pt 1 Larch 2004 . doc L05oO34 Granting of Variances Authorized CO The Administrator may allow a reduction in the required front yard setback or rear yard setback by administrative variance under the following circumstances : for existing lots of record as of March 5 , 2002, where physical attributes of the lot (such as steep slopes, wetlands, streams, soils ; lot width at the front yard line of no more than 50 feet or lot size of no more than one-quarter acre; and existing improvements of buildings, septic systems , and well areas) preclude a proposed development from meeting the 25 - foot front yard setback or 20 foot rear yard setback standards . The front yard setback or rear yard setback shall be the minimum necessary to accommodate a reasonable development proposal, but not less than 10 feet distance from the property line or ally road access easement boundary. thejqreper4y line . The Administrator shall document in the property file the rationale for said administrative variance decision. JAGMSHARE\DEV-BEGS\comp plan amendments\2003 regulation review\Revisions to development 8 standards pt 1 March 2004 . doc