HomeMy WebLinkAbout32-04 - Ord. Amending County Development Regulations Title 15 Development Code Standards ORDINANCE NUMBER
AMENDMENTS TO THE MASON COUNTY DEVELOPMENT REGULATIONS,
SON COUNTY RESOURCE ORDINANCE, AND
TITLE 15 DEVELOPMENT CODE STANDARDS
AN ORDINANCE amending the Mason County Development Regulations, regarding Inholding
Lands development standards, and enforcement and variance procedures ; amending the Mason
County Resource Ordinance regarding exemption for maintenance activities, and enforcement
and variance procedures ; and amending Title 15 Development Code regarding standard
enforcement and variance procedures , under the authority of Chapters 36 . 70 and 36 . 70A RCW.
WHEREAS , Mason County Development Regulations (adopted as Ordinance No . 82-96) was
amended by Ordinance No . 65-03 on July 1 , 2003 , and amended by Ordinance No . 24-04 on
April 6, 2004 . The Mason County Code Title 8 Mason County Resource Ordinance was
amended by Ordinance No . 59-03 on June 10, 2003 , and amended by Ordinance No . 24-04 on
April 6, 2004 . The Mason County Code Title 15 Mason County Development Code was last
amended by Ordinance No . 80-03 on July 22 , 2003 .
WHEREAS , the Department of Community Development has prepared revisions to these three
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 February 9 and February 23 , 2004 Mason County Planning Advisory
Commission meetings, the proposed ordinance revisions in the Development Regulations,
Resource Ordinance, and Development Code 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 13 , 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, Resource
Ordinance, and Development Code ; 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 .
Ordinance No . 32 - 04 (continued)
NOW, THEREFORE, BE IT HEREBY ORDAINED , that the Mason County Board of
Commissioners hereby approves and ADOPTS the revisions that amend the Mason County
Development Regulations, regarding Inholding Lands development standards, and enforcement
and variance procedures ; amend the Mason County Resource Ordinance regarding exemption
for maintenance activities , and enforcement and variance procedures ; and amend Title 15
Development Code regarding standard enforcement and variance procedures . , as described by
ATTACHMENT B .
DATED this 2oth day of April 2004 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST .
�� k , -, r" (UAvt.41z -��
ON
tQ� Wesley E. J6hnsor� /CHAIRPERS
Clerk of the Board
APPROVED AS TO FORM :
Herb Baze, COMMISSIONER
Prosecuting Attorney
Jayni ` Kamin, COMMISSIONER
ATTACHMENTA
AN ORDINANCE IG
MASONTHE UTDEVELOPMENT REGULATIONS ,
MASON COUNTY RESOURCE ORDINANCE, AND
TITLE 15 DEVELOPMENT CODE STANDARDS
MASONCOUNTY BOARD OF COMMISSIONERS
April 13 , 200
FINDINGS OF FACT
L Under consideration is the proposed ordinance to amend the Mason County Development
Regulations, regarding Inholding Lands development standards , and enforcement and variance
procedures ; to amend the Mason County Resource Ordinance regarding exemption for
maintenance activities , and enforcement and variance procedures ; and to amend Title 15
Development Code regarding standard enforcement and variance procedures .
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. The Mason County
Development Code sets forth procedures for the permitting of proposed development and
enforcement of implementing standards .
3 . The Mason County Department of Community Development staff have presented
proposed set of revisions to these ordinances which establish or clarify evaluation standards for
proposed development.
4 . At the February 9 and 23 , 2004 Mason County Planning Advisory Commission meetings,
the proposed ordinance revisions in the Development Regulations, Resource Ordinance, and
Development Code 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 13 , 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 , Resource Ordinance, and Development Code .
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 proposed revisions that amend the Mason County Development Regulations ,
regarding Inholding Lands development standards, and enforcement and variance procedures ;
amend the Mason County Resource Ordinance regarding exemption for maintenance activities,
and enforcement and variance procedures ; and amend Title 15 Development Code regarding
standard enforcement and variance procedures .
4 / 20 / 04
Chair, Mason County Board of Commissioners Date
ATTAC MENT
VISIONS T
COMPREHENSIVE PLAN DEVELOPMENT STANDARDS
APRIL 13 , 200
Note that the proposed text is italics, new text is underlined and that deleted text is stfuek
out.
MASON COUNTY RESOURCE ORDINANCE
17oOL062 INHOLDING LANDS
D : DEVELOPMENT STANDARDS
The following development standards for Inholding Lands shall apply to
the 400 foot stfip lands designated in 17 . 01 . 062 .B .
4 . a) Other Development Standards.
1 . Front yard setback.° 25 feet
2. Side and rear yard setbacks: Side and rear yard setbacks for the
residential dwelling is 20 feet, for accessory buildings shall be 20
feet, for accessory structures used for agricultural purposes or
home occupations shall be 50 feet, and for buildings of non-
residential land uses shall be 50 feet.
3. Floor Area Ratio: 1 :20, except for fire stations.
4. Size: 3, 000 sq. feet maximum for non-agricultural and
accessory buildings except for dwellings and agricultural
buildings.
5. Height: 35 feet except for agricultural buildings, cell towers,
antennas, or water tanks.
b) Water supply. In-holding properties shall meet all Water Supply
standards as required under Section 17 . 01 . 068 .
MASON COUNTY RESOURCE ORDINANCE
17. OL110 FISH AND WILDLIFE HABITAT CONSERVATION AREAS
J . HABITAT MANAGEMENT PLAN (HMP) REQUIREMENTS
The following describes the requirements of a Habitat Management Plan as discussed in
this ordinance .
1
A HMP shall consider measures to preserve and protect the wildlife habitat and shall
consider effects of land use intensity, buffers , setbacks, impervious surfaces, erosion
control and retention of natural vegetation on the functions and values of the FWHCA.
This report shall identify how the impacts from the proposed use or activity will be
avoided or mitigated through habitat mitigation which meets the purposes of this
ordinance . The most recent publication of the Management Recommendations for
Washington ' s Priority Habitats and Species , as now or hereafter amended, and
consultation with a habitat biologist from the Washington State Department of Fish and
Wildlife and with the Skokomish Tribe, the Quinault Tribe and/or the Squaxin Island
Tribe and shall be the basis for the report . In the case of bald eagles, an approved Bald
Eagle Management Plan by the Washington State Department of Fish and Wildlife meets
the requirements fora HMP . For those projects requiring the preparation of a
Biological Assessment (BA) or Biological Evaluation (BE) as part of the application for
a Corps of Engineers permit, the approved BA or BE meets the requirements of a HMP,
and the contents of the BA or BE meet the standards listed in J2.
- and -
17. 01 . 130 GENERAL EXEMPTIONS
The following activities shall be exempt from the provisions of this ordinance :
F . Maintenance, operation, reconstruction of, or addition to, existing roads , streets,
and driveways, provided that reconstruction of, or addition to , any such facilities
does not extend outside the previously disturbed area.
For activities outside of the right of way or previously disturbed areas and
following the discussion of the proposed work with the Director or designee,
maintenance of public roads conducted using the best management practices
contained in the "Regional Road Maintenance ESA Program Guidelines " or
similar programmatic guidelines endorsed by the U. S. Fish and Wildlife Service
and NOAA Fisheries.
MASON COUNTY RESOURCE ORDINANCE
17. 01 , 150 VARIANCE FROM STANDARDS
Ea REVIEW STANDARDS
No vartianee shall be granted iinless the County makes findings of faet showing that the.
f , , ,,.. .; ,, g e ,,., s4.,nees exist :
2
of building and the Offli:Aed by the CeurAy is the miffiraum VilfbMwe
that shall meemplish 0b.i . ....d.ings shall fiRI.I.Jz set forth th.e
his 1n,, a A iere 1 . nn ; >nt „ e 016nll r ,4 ;Justify n n4; n , ,
M WWI
that is denied by d3is Chapter- to other- lands. or- buildings in the same desigfl.^+; �� .
See Mason County Code 15. 09. 0570
SON COUNTY RESOURCEO I C
17. 010200 ENFORCEMENT
The Director is charged with enforcement of the provisions of this Chapter. Enforcement
procedures are set forth in Title 15 Development Code Chapter 15. 13 Enforcement.
sha4l r-efer- the matter- to the Getmty Pr-eseeutef to adjudioate the ease en beha4f of the
Ee�t�
> ,
E)rw eause the same to be done in vielatien of any of the provisions of this
Chapten ,
and shall be eerfeeted by any reasonable and lawfW means as previded in this Seetien.
PTCPEC TiON-7
rights are et violated.
i When 4 is neeessafy to make an eefie , to e„ f r e the pr-e >isi .,,� s
d3is Chapter-, eF when the Dir-eeteF has reasonable eause to believe that
violation has bee., o s being a m ; 44ei1 e the Difeeter- of Ws dul
authorized eetof may enter the premises,of building n4 reasonable
building be times to inspeet or- to per-fafm any du4ies imposed by this Chaptef,
lee 4e 4eqrvneFother per-son having T 1, nrne „ 4, .,1 , f4l, e r.rem , ses
refused,or- building and request entTy. if entt r is
r-eeoufse to r mollies provided by law to seeufe er,4, >
3
Be !' ATI -PRO `'EDURES FORDEALINGWIT14 VIOLATIONS
A TTONS
of
; 11 be issued +e, +L, ® a.re,r or+er . vv „ or
3, if th^ «. eme ^vv+vr . ymer a ., es not r®s ,, .1 to +4, ® +; nk®+ .,r if the r ,nor+, .
9
Dir-eetef may abate the violation if eeffeetive work is net eenmneneed
so The Direetef may suspend or- revoke any approvals e-f peffnits issu
pufsuant to this Chapter- or- edief Chapters of the Mason Coutfity Gode
r. .lor the Tl, ron+nvon A „ + erity; an le
6a The Dir-eetef may file a lien against the propefty fef eests of abatement
,, ,1 / r n .; 1 4mes
G OTIFI A TTC1TeT
ryc. . ��r�crrrro r,-
This waming netiee will require a response from the pr-opefty Ovicneff
„ +1, ; „ 20 days ,, . .7 . 411 be ., ,-.+ by nor+; fie fro „ ; n+o, a mail.
24 T; nvo+
The Dir-eetef will issue a tieket upon a ne Fespense aetion taken by
pr-opefty ewnerm. The property ovmer- has 15 days to pay the. tieket and.
Fespand to the notiee .
7 . AD 41NIlSTDATTTAT"T NOTICE AND ORDER
W4tbia twenty ealendaf days of notiee of a potepAial violation the Difeetof shall
7 7
detemines that a3vielation has if the Dir-eeto
eafebreeetmenA. Ewden The Difeetof shall notify the eomplainant of this
do+orm ; r, n+, o , w. +, v, n
Additionally,
exists in violation of this Chaptef and that violation will be most promptly
eivil 7
abatement L n of work or- r-evoeation of any appfE)v
permits issued pufsuant to this GhapteF of ether: Chaptefs of the Mason Go.tu:Ay
Code under the Dir-eeter-' s Atiffiority.
4
� -r n, , ..l, « .,rlr " e.t; < .; t< . " „ a m < . tom«. ,, n,« 1 < . s„ s, , e,, l nny n1
Code tmdef the T&I,
07
The street " .a .a , onn « .l, o„ a A 10 1 am" , :.,t; ,,, . f41 , o
a. 9 available, "
feal pfopeAyt
1, A statement that the T; reet`.r has fe,<,,. .1 the perso to b ;
nd tiens found to be ; olnti .,n •
e . A st"teme;,t that the elnt.,r maybe s„l,; e..t to n fine of $ 500 fe
each day that the vielation-eentiiiiicv-acax`l9�^eable9 i%c
Withdrawal of Tss„ nn .. e of n .l .l ; tionnl temne fafy s.r ler
within 10 ealeadaf days of posting eF serviee thereof if the i Tielatim is
be poste.l on the s, <1„ eet property of s e.l eft per-sons ., ell ;
work eF ac4ivity in vielation ef this Chaptef. Arty subsequent efde
, 1 < .; ng the same violation shall be permanent
� . Permanent 17nferaement nr,ler
A pemaneat efderm shall be issued by the Dir-eetof and Fev4ewed by the
Beard of ('v .,, ,nt< . Comm ; nsioners s fellows :
„r,ler the n; re,.t r shall prepare ,l an n transmit to the Board r a
permanent enfs,r.. ement o -,aor .< ,1, ie shall 1 eeomo final unless
, ,lif; e.l by the Beaf,l
b The permanent enferaemept o -,aef sha l , „ taro :
( 1 ) The street ddfess, whenamole, and legal .-leser; ntio
of real n ert<
(2) A statement that the Dir-eeter- has fetmd the per-son to be in
violation
, of Chapter an .l . l., r; ef an ,l a e .les ..r; ptio
ucxva l„
of the n .l • t; s s fend to bein vielatiom,
statement
the Dir-e..t..r has determined that s eat; < .e work ;
fequir-ed, the order- shall require that all requked pefmits be
reeufe.l an .l the work be phys; sa ly a ee,-1 and
nempleterl within e time s the DiF ster .lets
mines is
reasonable , n .ler the eir-ettmstn n9 l^„ t ; n no event shall
n, , e time a ee 7 90 late •
s
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L + that the later „„ n < , b e ttb,; t to fine f
C4 ��icxxtcrcxre=v'ivrcce cc rev-¢:rmze e-t
g'AZnn far e nb, .laY , tl, nt +b, e . AIn+; A„ n „t; ,.,, , es a,, .l ; f
'G[t[7�Y' � 7
v' the C®'7CIC�1:%CIO%FS'®fjPiT�ivTLZT iJG�'JIIIWIIG 'TJTC�%i
eivil penalty is 9
! Cl nAvr sing that :
!a \ if any required Y erk ; eta eA
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r.lete.l t .; t1, i the. time n .l e; f; e the T; reeter
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shall N e,l to abate the , elnt, e, , ando th
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lY ,o l to be ale e and eh a the ntn tl, e AT
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lien against the r r. eAy Hanny etb, er , ,rer. e, tY ,
vvvidvLL
e,l b Lry the ,,. ernenviolation andas a1
-
ebliga4ion of any pefsen in a�
tb ) If any assessed a „ 1 penalty ; s not paid, T; r eete
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shall eb, ara,e the a ,',t o f thee r t ,alt a a lien
any pefsen in violation.
e • Prier- to 2'e8 7 vl a ., de n; A ev, the e,-., a F r t o ,i
81� w V1ULVa1 VLL LLLV � Vl daaWllVlE4 VS11 ,
the eafd shall hold at lPast one publie heafing thefeen. The
p fo,', ei4 y otY ,., er will be notified b y eert; f; ed /reg stere,l mailtb,
1vP
time and plaee of the publie heming�.
do The
permanent z ife ccicnt -eiaer s bamll-vccvmcziiia= r„rtn iz c
!Cl Y erk;rig days of a eltts; o„ of b, ear;,, A t „ lens the 1? ear,l
`J f �`v vlliZld�-�l � '
rea ers a ,r; tte„ .lee; s; A„ „-, e .l ; f. 4ng e e eeting the e,-, feree,'„ e„t
.LGa1LLG1J w vv1144Gu LLGGLJLVLL Laavuaaylll� Vi iGjGGLl
bYder-a
40 Supplemental Ordef. The Difeeter- may at any time add to , feseind in paft,
or ethe a modify n „t e„ F ree ent eF er b y tf sm tt; t the
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all per-sons i eHtlftie,l , r, tb, e er.ler either r. erso,-, a11t , er b y „- ails g a of
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sueh
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e�CY01—Y7� � _ 7 „ eirJti�'ge�r�ip'�UI'�'f, '���, e1• TrGCILTG�TLGR�S
the eFde shall be mailed to JWe;' erne., at the address n f' tb, le t ' f
V L 1./ GLJVLl W4 la1G WLLLLlL.'UJ VL 111L�VV(LGIII11 VZ
the violate Tb, fai f b, to b, t; b, ll
vil: rilezccir'�uc e'ricii�sciczrpci�vircv�-cccri't�cccnzivcic�zzcii
1et aff et the validity of the p edings taken t der this !'it, a„ter
1VL u11VV1 L11V Y W11LL1Lr Vl�la
Serf „ ee b y eeFt; f; e,l ,,, a ; l i the „ t ; „ this seet; e,•, shall be
VVa ♦ aVV V � VVL 411aVLL Lllwal lal 411V Lll{.411LLVL provided 111 LL1aU JVV
effeetive on the date 6f-the p6$tmafk. The-eFdef may ' , btA is
reett ; re.l to be posted on the sttbjeet prr , ,oertt ,
sG
L . VIOLATION'O1 1TTQ6'IT1C1TENT ORDE
if- 1C
9
after- any pefmanent order- "ly issued by the Dir-eeter- has beeeffle final,
per-son to whom ULLVI Zorder- is . ; r etel fails , Ne gleets , A refuses to ebe eb
efder9 9
T ' v etA
6
9
9
I Abate thetviolation 1r-eeo GS f this S eetio y• nnd TA
4. D, ,,-nY , o n of of ,•into oAvT n$ ln,, , of equity,
E D l NIO A Tl"lIAT O APPROVALS O PERMITS
a�—�-vcizTry rr-v
1 The Difeetnr may pe minr ®r$ly revoke nrz , nw.�< .,e ,nl ...• p0.•mit issued . .B- def
t
Chaptefs ,"),r
thisQoot 't A
ev T.nTn v"a J by the aT t$htr'I'rJ^®'�''ul or-a pe1�7CIYL$C'®V�ZL�'YSJA�S'Z�'[
+1, 01. nn; n of ; ,-. ,. A,-.•oot i„ F,-.,, ratio., supplied to the
1lzz�izviZ�i-vlr-clly
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C „ nl, n nl o , Y„ it feyeeatio,,, shall be 0 0,l o„t tb„•o, , g the mt; n
11L��l1V YLLl Vl �1 V11111L aVYVVYL1V11 u11{All VV VLL111VLL V114 L111VCL
and or.lo,- ,, fe n, o„ n of this Sont, ov. andthe feyonnt, o, , shall be fi„ ral
„ tW five ![-lam-Sp� .p,Y-1��1�,, .. . days of the l „ n, .,H of the Lora ,« ,, , Htonn the
ggyy 99 11 / 1 yy //�� yy
1-C. D-/ A S• HAAYn n 1Htte denSntoN ,V10 A1YSnMg of
depr „ ng the Fe . onnt, oH
A Y. Fm t may 110 suspended pending its , nnt, ov,
7 if n v, , mit in not nnto.l o . >; tt,i, , 2 . eafs of n„ tb, o,•; zra$io„ ; t in
automatieally revoked.
A* LIE-14
ARnno„ GourAy nl, nll have n lie f r any it penalty imposed o,• fo,. the ,. ont of
1YiC�JVL1-V VLi11ti�J11A1111u�' vTL z1v11 zV
work of abatement t .lo,-, o „t to this Seetio„ Lott, the .•on1
R11�-YY�Jlll�l LLViLLV111v11L 4V11V jJ L{l p {.1iLllL ' A ' against
property on whieh the eivil penalty was imposed orm a-By of the work of abatem
was
offenne l and against any other rural p peFty ownedby any pefsen�ffli
violation.
The lien shall be subor-dinate to all existing speeial assessment liens pfffieus!
imposed upo.n the same pr-E)pefty and any reeor-ded eneumbmflees exeept for- state
,, ,1 0 „ t„ tmen „ „ tl, <S ,1„ nl, , t shall be on a parity,
#'ell
eentain the
1 The authority ty F ; mren; r � n ; 1 r rnl +. . eF moodier to nl. n+e +l, e
A . 11EV ww61dV111}1' AV91 11Y1�]V� e
violation,
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e 9
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r . a a Uxi e..... . XAV . Xen o he ei 11 �Vlawal,'' a111rt esed er the-abatement
der ®9 e )r betle , rnl , , ding tlee < >; etn+; ern nl, nv .e,a and the 1 , , , +; er +l. e, eeF
,
thetime +lee work ; n n e.l nr ,l n rle+e.l andthe r e4 tl.
a.aav Laaaa _ uv r • vu: au vvliuiavuvvu f.Lllu L+vlurr
nt; e f g +lee Fk
�JV1uVllV Vl�Jle f ;
3 A legal de tier of e e,-t + b 1. e.a with. the lien;
� . bL`1 wvri� e.lvu Vl a.11V Y1vYVlt,�' Lv ve�z7u`� " ,
49 The name ef the known of Eeptited 9
amount,50 The
The l be 4e nle e.l b it t r 7c /In Ge rty Superior- Ce, , , t
i aiv lien diiw' vv iVdVViV eIVK V ''> W V1 Y11 wVL1V1 °
B CRIMINAL
TA IN A T PROCEDURES
ED TD 1=i S
,raev RGW n �ti nl n
17. 01. 210 RESTORATION
For property which contains designated wetlands, aquatic management areas, or
terrestrial habitat management areas or their vegetation areas which has been
disturbed, or landslide, seismic or erosion hazard areas on which a structure has
been built or located in violation of this Chapter, no permit or approval or
development of the property shall be authorized or granted for a period of up to
three (3 ) years from completion of restoration as determined by the Director. In
the event of intentional or knowing violation of this Chapter, the County may
bring an action against the owner of the land or the operator who committed the
violation. This restoration section is also applicable to Mitigation for Wetland
Impacts (Section 17 . 01 . 070 F) as modified below.
1 . Restoration Plan.
a. Where any designated wetlands, aquatic management areas, or
terrestrial management areas or their vegetation area which has
been disturbed, or subject to a permitted fill requiring mitigation,
or landslide, seismic or erosion hazard areas or their buffers has
been disturbed or a structure has been built, the applicant shall
cause to be prepared, by a qualified biologist, plant ecologist,
geologist or similarly qualified professional, as appropriate , a
restoration plan which shall include as a minimum the following :
( 1 ) Site plan I depicting site characteristics prior to
disturbance; the extent of disturbance, or permitted action
requiring mitigation, including an inventory of all
vegetation cleared shall be shown ; and
8
(2a) Site plan 2 depicting the specific location of all proposed
restoration measures. Those measures shall include:
a. Measures necessary to restore the critical areas or their
buffers/vegetation area, including removal of fill, regrading
to original contours, if necessary, replacement of excavated
material, revegetation of all cleared areas with native trees
and/or plants and removal of structures ; or
b . Location of the proposed mitigation action, ownership,
and methods to recreate, as nearly as possible, the original
wetlands or vegetation area in terms of acreage function,
geographic location and setting.
(3 ) A schedule for restoration; and
(4) A monitoring plan to evaluate periodically the success of
the restoration and provide for amendments to the plan
which may become necessary to achieve its purpose .
b . In preparing and approving the restoration plan, the applicant and
the County, respectively, should consult with the Department of
Wildlife, Department of Natural Resources, Department of
Fisheries, and the Department of Ecology as appropriate .
c . The restoration plan shall be prepared at the applicant's cost and
shall be approved by the Director. The Director may approve,
reject or approve the plan with conditions . All restoration shall be
consistent with the approved restoration plan.
2 . Monitoring. In any designated critical area where restoration has been
required, the applicant, at its own cost, shall provide for seasonal
monitoring of the site by a qualified biologist or other qualified
professional, for a period of three years after completion. The applicant
shall submit an annual report to the Director which discusses i) the
condition of introduced or reintroduced plant species ; ii) the condition of
open water areas or other water features; iii) use of the site by fish and
wildlife species ; iv) any disturbances or alterations and their affects on the
restoration; v) additional or corrective measures which should be taken to
ensure the success of the restoration; and vi) other information which the
Director considers necessary to assess the status of the restoration.
3 . Restoration bond. Prior to commencing restoration of a wetland, deep
water habitat, tributary stream or protected species habitat, or their
vegetation area or a steep or unstable slope, the applicant shall post with
the Director a bond or other security in an amount sufficient to cover the
cost of conformance with the conditions of the restoration plan, including
corrective work necessary to provide adequate drainage, stabilize and
restore disturbed areas, and remove sources of hazard associated with
work which is not completed . After the Director determines that
restoration has been completed in compliance with approved plans and the
monitoring period has expired, the bond or other security shall be released.
The County may collect against the bond when work which is not
completed is found to be in violation of the conditions set forth in the
9
restoration plan and/or the Director determines that the site is in violation
of the purposes of this Chapter.
Y CLEARING A . 0 GRADING
YIThTG
-P A land of the
opefater who peffenned the-eleatin$-and grading . li3-additi^en,i the event of
intentional a r knowingel ..ti ., e f this !"�1, apte the !'�. ta4 m r 41,
Zilcvll-civil.-Rl-vi » v9 e >9 '
CeupAy1
9
eleafing of gr-ading. While a ease is pending in deny authorization of any pefmit of develepmepA appfevel-en
Guth .vize o n4 any v,Y, it o nl .. F' development en .,i >7 r povay
M01144 220 SEVERABILITY
If any provision of this Chapter or its application to any person or circumstances is held
invalid, the remainder of this Chapter and the application of such provision to other
persons or circumstances shall not be affected.
10
MASON COUNTY DEVELOPMENT REGULATIONS
1 . 05. 035 Findings Required for Approval of a Variance
Before any vanan e is 9
shape,
eir-eumstanees do not apprIvy
etheL
pr-epei4ies in the same Develepmei# 7
Py
v. .Lt possessedby ethe« vvs . eft< in the nnm ® ziein t< but beeause of speei.al.
welfefe.,
is 1 ..ea4e.i ; an
D . That the granting of the vani anee is msubstarAial hafmone, . . . ... the Gempr-ehensive
Piano
See Mason County Code 15. 09. 057.
SON COUNTY DEVELOPMENT REGULATIONS
1 . 05. 070 Administration and Enforcement
L05. 071 Validity and Severability
A. This Ordinance shall be governed by the laws of the State of
Washington. In the event that any portion or section of this Ordinance be
declared invalid or unconstitutional by a court of competent jurisdiction, the
remainder of the Ordinance shall not be affected and shall remain in full
force and effect.
Be This Ordinance is intended to conform to and promote the
provisions of the Mason County Comprehensive Plan . In the event of
conflict between the two documents , the more specific interpretation shall
apply.
1 . 05 . 072 Enforcement
Enforcement procedures are set forth in Title 15 Development Code
Chapter 15. 13 Enforcement. No permit for the construction, alteration or
expansion of any building, structure or part thereof shall be issued unless
the plans, specifications and intended uses of the subject property conform
in all respects to the provisions of this Ordinance .
11
A It shall be the m.sp ynn;b.; 1 ; 4y > r, f the A sa,vsir, ; c.trntsar_ te er, $'nrne .srs < >
9
�'VTTCT
see4ion of
.q_.chi ,
"b ` gn
GTt nunil U, +b, o nr. n;1,; 1 ; 4y > , f the ( „n4< > T1v, >riv, o®r to onfnrn ® �ntd
> parldng let design >
of the
roes; gn na n v, nt uetien of stemi >at®r Faniliti �_
1905oO 74 Violations
r nrt; n ,, . 4 any V.ro„ , , .8 part oF „ >l, ; nl, 1, ns l .®
eenstr„ nte 9 e r. ^.a o used ; elation of the nfeyisions eOfdinaneeftb, ir
7
eefistruetion and equipment has been i:emoved f em the premises . Ea
day that nviolation eendnues to exist shall bee sideFed ao_a _aonar_a4e
offense .
zaarrarcrosrezas . czrmrmai
A Any > , . ^ -so who violates the nr,-.y >isions of this Orainaneeskall�.o
, it+y > of a misdemeaneF nn ,a shalt be punishedby a fine of not fneFe +b, an
ninety (90) .anon r byy > b0t s , e fine an ,a ; enment
B,—h-addition to any ethef penalties set for ee, ai-y
violation of provisions f• this O.Fd „ anee may be deelar^a to be a „b,1 ; n
relief in Suveftor- , ,,-t o other- n , ,,-t of eempetepAjttrisdietion.
Go Upon determination that n >, lation of this Orrlinann_ e has oeeu ed5
,
the Building O ffieinl shall have the authority an ,a >aisefetion to „ >ithhold
the sib le arty .
o05vO 8 Penalties : Crm
A As 1 + It t ' t tly ed t feet ' n _ Seet 'rn
" eii�Pirc-v'i c�Ticrizuci�'c-corcizeTciaacai�s�� ror�zi-iix-o ��c'rori
9 the GourAy shall have the au4her-ity to seek eivil penalties for- any
violation of the provisions of this Or-dinanee . Any per-son who violates the
9 pfapeFshowing, bedeemed4o
12
r'c"iiimz® cii�, � Rnn ,,, ! ,, ,pA, . Q , ,, . o,« C:,, ,, a ; s &, o, ol,er
�n+oA , r; tlr � : to ®^ vjA r tl ;
ov� . . . a .aa hear- . aral arfrnetin» na.s - , »>n, r ;»r
auee .
s
the upon a finding
Said eases shall beheafd by the Goiffift
sttie e-E d r donee
de ant nl. nll be subjent to n ril penalties at the �l ; an_r®tinr,_r�f the /~ . twt r. .t
to o ooa five t4, o„ nnr. l !$ c nnn nm i . 11n, ®nnl, fately ..hafgo a
9
o1nt; .,
"ien. Form the sees e f ad ainistrativ�a . .�'a'a osee .+ivaa of
�,':'�°p. : " o a ., a .,ate. .. .at.� .,....
alleged . olnti .,r. n oftl. in nl, nr,tor 9 there is hereby eronted febu#"
pr ptio that the nor, ,iI.W .® s-. ffime appenrn .�, the t rlln of the
� ,..a�at, �a.,aa >aaw, the t, �a .,.,>a . . aa., ., - »w_._— --rr — .._ .. ., .> ._>_ ...�> > �_ .,_ ., ., ., _ .__..
Assessef
9 9
has
the responsibility f r ; r. m ,rir. rr that violations of the_r�r n of th n
llr.l ; r. anee do not oeeuf r, the property i o ont; or. .
Gm-c` ldi'lition to any othef penalties-set-xfv^sal' in this Or-di it'lnee, any
t t; ..r, ftl-. e pr.,. +; n; .,r. n oftwh; n <lr.l ; r. nr. ne ,,, > 1•. 0 deelnro.l to be „1,1 ; n
- �v-rrnueroarvrcm. t.a .,, . a�a.,aa., ., a �aaa., ... a ....aaa..aa.. .. aaa nay .. .. .a....a....a ...a d„ .. .. ...� l.. ,a„ >�..
Do TT en detor.,.. ; r. nt; .�r. 41. n4 n olnt; or, of this llr.l ; r. nr, no has onn„rrecL
f
the responsible paFty.
13
MASON COUNTY DEVELOPMENT E [add new section]
15 . 057 VARIANCE CRITERIA.
Variances from the bulk and dimension requirements of the Resource Ordinance or the
Development Regulations (zoning regulations) may be allowed as follows. The County
must document with written findings compliance or noncompliance with the variance
criteria. The burden is on the applicant to prove that each of the following criteria are
met:
1 . That the strict application of the bulk, dimensional or performance standards
precludes or significantly interferes with a reasonable use of the property not otherwise
prohibited by County regulations;
2. That the hardship which serves as a basis for the granting of the variance is
specifically related to the property of the applicant, and is the result of unique conditions
such as irregular lot shape, size, or natural features and the application of the County
regulations, and not, for example from deed restrictions or the applicant 's own actions;
3. That the design of the project will be compatible with other permitted activities in the
area and will not cause adverse effects to adjacent properties or the environment;
4. That the variance authorized does not constitute a grant of special privilege not
enjoyed by the other properties in the area, and will be the minimum necessary to afford
relief;
5. That the public interest will suffer no substantial detrimental effect;
6. No variance shall be granted unless the owner otherwise lacks a reasonable use of the
land. Such variance shall be consistent with the Mason County Comprehensive Plan,
Development Regulations, Resource Ordinance and other county ordinances, and with
the Growth Management Act. Mere loss in value only shall not justify a variance.
MASON COUNTY DEVELOPMENT CODE
15. 13 , 010 ENFORCING OFFICIAL ; AUTHORITY
A . The review authority shall be responsible for enforcing those codes and
ordinances to which this title applies , and may adopt administrative rules to meet that
responsibility. The review authority may delegate enforcement responsibility, as
appropriate . An employee of one review authority department may commence an
enforcement action of violations of codes and regulations of other departments .
B. Inspections : The purpose of these inspection procedures are to ensure that a
property owner's rights are not violated.
14
When it is necessary to make an inspection to enforce the provisions of this Cha tep r, or
when the Director has reasonable cause to believe that a violation has been or is being
committed, the Director or his duly authorized inspector may enter the premises , or
building at reasonable times to inspect or to perform any duties imposed by this Chapter,
provided that if such premises or building be occupied that credentials be presented to the
occupant and entry requested. If such premises or building be unoccupied, the Director
shall first make reasonable effort to locate the owner or other person having charge or
control of the premises or building and request entry. If entry is refused, the Director
shall have recourse to remedies provided by law to secure entry.
1 . 13. 030 APPLICATION
C . Where property has been subjected to an activity in violation of this Chapter, the
County may bring an action against the owner of such land or the operator who
performed the violation. In addition, in the event of intentional or knowing violation of
this Chapter, the Hearing Examiner Couft may, upon the County's request, deny
authorization of any permit or development approval on said property for a period up to
ten ( 10) years from the date of unauthorized clearing or grading. While a case is pending
in before the Hearing Examiner , the County shall not authorize or grant any permit
or approval of development on said property.
15 . 13 . 060 ABATEMENT
A . The Review Authority may abate the violation if corrective work is not
commenced or completed within the time specified in a notice of civil violation.
Be If any required work is not commenced or completed within the time specified, the
Review Authority may shall proceed to abate the violation and cause the work to be done
and charge the costs thereof as a lien against the property and any other property owned
by the person in violation and as a personal obligation of any person in violation.
15. 13 . 070 REVIEW OF APPROVED PERMITS
A. Review : Any approval or permit issued under the authority of the Development
Code may be reviewed for compliance with the requirements of the Development Code,
or to determine if the action is creating a nuisance or hazard, has been abandoned, or the
approval or permit was obtained by fraud or deception.
Be Review Authority Investigation : Upon receipt of information indicating the
need for, or upon receiving a request for review of permit or approval, the review
authority shall investigate the matter and take one or more of the following actions :
1 . Notify the property owner or permit holder of the investigation; and/or
2 . Issue a notice of civil violation and/or civil fine and/or recommend
revocation or modification of the permit or approval ; and/or
3 . Refer the matter to the County Prosecutor; and/or
15
4 . Revoke or modify the permit or approval, if so authorized in the
applicable code or ordinance ; and/or
5 . Refer the matter to the Hearing Examiner with a recommendation for
action.
5 . 13 . 075 REVOCATION OR MODIFICATION OF PERMITS AND
APPROVALS
[ [ HANDLED BY APPROPRIATE DEPARTMENTS ] ]
A. Upon receiving a review authority's recommendation for revocation or
modification of a permit or approval, the Hearing Examiner shall review the matter at a
public hearing, subject to the notice of public hearing requirements (Sec . 15 . 07 . 030) .
Upon a finding that the activity does not comply with the conditions of approval or the
provisions of the Development Code, or creates a nuisance or hazard, the Hearing
Examiner may delete, modify or impose such conditions on the permit or approval it
deems sufficient to remedy the deficiencies . If the Hearing Examiner find no reasonable
conditions which would remedy the deficiencies, the permit or approval shall be revoked
and the activity allowed by the permit or approval shall cease.
Be Building Permits . The Building Official, not the Hearing Examiner has the
authority to revoke or modify building permits .
C. If a permit is not acted on within 3 years of authorization, the permit is
automatically revoked.
D . Reapplication . If a permit or approval is revoked for fraud or deception, no
similar application shall be accepted for a period of one year from the date of final action
and appeal, if any. If a permit or approval is revoked for any other reason, another
application may be submitted subject to all of the requirements of the Development Code.
16