HomeMy WebLinkAbout50-04 - Ord. Amending County Development Regulations Title 15 Development Code Standards ORDINANCE NUMBER 50 - 04
AMENDMENTS TOT E MASON COUNTY DEVELOPMENT REGULATIONS ,
MASON COUNTY RESOURCE ORDINANCE ,, AND
TITLE 15 DEVELOPMENT CODE STANDARDS
AN ORDINANCE amending Title 15 Development Code regarding public notice requirements ,
Hearing Examiner duties , Comprehensive Plan amendment application review, and time for
action on permits or approvals ; amending the Mason County Resource Ordinance regarding
several portions of the development review process and review authority, and the definition of
appurtenant structures ; and amending the Mason County Development Regulations, regarding
several portions of the development review process and review authority, minimum front yard
setback, size of accessory dwelling unit, and the definition of appurtenant structures ; 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 . 32-04 on April 13 , 2004 , and amended by Ordinance No . 40- 04 on
May 11 , 2004 . The Mason County Code Title 8 Mason County Resource Ordinance was last
amended by Ordinance No . 32-04 on April 13 , 2004 . The Mason County Code Title 15 Mason
County Development Code was last amended by Ordinance No . 32-04 on April 13 , 2004 ;
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 April 5 and 26 , 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 June 8 , 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 . 50 - 04 (continued)
NOW, THEREFORE, BE IT HEREBY ORDAINED , that the Mason County Board of
Commissioners hereby approves and ADOPTS the revisions that amend Title 15 Development
Code regarding public notice requirements , Hearing Examiner duties, Comprehensive Plan
amendment application review, and time for action on permits or approvals ; that amend the
Mason County Resource Ordinance regarding several portions of the development review
process and review authority, and the definition of appurtenant structures ; and that amend the
Mason County Development Regulations, regarding several portions of the development review
process and review authority, minimum front yard setback, size of accessory dwelling unit, and
the definition of appurtenant structures , as described by ATTACHMENT B .
DATED this 8th day of June 2004 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST :
r Wesley BjJohn ` .9 , CHAIRPERSON
Clerk of the Board
APPROVED AS TO FORM : .
Herb Baze, COMMISSIONER
Prosecuting Attorney Absent 6 / 8 / 04
Jayni Kamin, COMMISSIONER
ATTACHMENT A
AN ORDINANCE AMENDING
THE MASON COUNTY DEVELOPMENT REGULATIONS ,
MASON COUNTY RESOURCE ORDINANCE , AND
TITLE 15 DEVELOPMENT CODE STANDARDS
MASON COUNTY BOARD OF COMMISSIONERS
June 8, 2004
FINDINGS OF FACT
1 . Under consideration is the ordinance to amend Title 15 Development Code regarding
public notice requirements , Hearing Examiner duties , Comprehensive Plan amendment
application review, and time for action on permits or approvals ; amending the Mason County
Resource Ordinance regarding several portions of the development review process and review
authority, and the definition of appurtenant structures ; and amending the Mason County
Development Regulations, regarding several portions of the development review process and
review authority, minimum front yard setback, size of accessory dwelling unit, and the definition
of appurtenant structures .
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 has presented a
proposed set of revisions to these ordinances which establish or clarify evaluation standards for
proposed development.
4 . At the April 5 and 26 , 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 June 8 , 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 presented revisions that amend Title 15 Development Code regarding public notice
requirements , Hearing Examiner duties , Comprehensive Plan amendment application review,
and time for action on permits or approvals ; that amend the Mason County Resource Ordinance
regarding several portions of the development review process and review authority, and the
definition of appurtenant structures ; and that amend the Mason County Development
Regulations , regarding several portions of the development review process and review authority,
minimum front yard setback, size of accessory dwelling unit, and the definition of appurtenant
structures .
Chair, Mason County Board of Commissioners Date
ATTACHMENT B
VISIONS TO
COMPREHENSIVE PLAN DEVELOPMENT STANDARDS
JUNE 8 , 2004
Note that the proposed new text is underlined and that deleted text ism.
Sir ) changes in Title 15 DevelopmentCode %
staff analysis :
Text additions are made to Title 15 Mason County Development Code to clarify the
purpose of the standards of the Development Code, including enforcement procedures, and
to include the enforcement portions of Title 13 Utilities (in Sec . 15 . 03 . 005) . Other text
additions are included to assure that all aspects of public participation from the Growth
Management Act, especially RCW 36 _70A. 035 Public Participation are part of the
Development Code notification procedures (in Sec . 15 . 07 . 030) . A process of how requests
for rezone and for changes to the Comprehensive Plan or development regulations are to be
listed and evaluated is set forth in Sec . 15 . 09 . 060 Type IV decision review.
An interim measure was enacted in July 2003 to permit the review of the requested removal
of drainage and utility easements in plats by the County Commissioners or Hearing
Examiner; a clear process did not exist to review such requests in a time efficient manner.
The proposed text of Sec . 15 . 03 . 060 Process To Remove Utility And Drainage Easements
is presented as the permanent standards for this process . The Hearing Examiner will do
much of review of these requests ; the Board of County Commissioners has a limited review
of such requested easement removals .
MASON COUNTY DEVELOPMENT CODE
Sec. 15. 03 .005 PURPOSE AND APPLICABILITY
This Chapter�Title describes enforcement actions and how the County will process how the
County willproeess enfereement aetio s ^„ a applications for development subject to
review under the following Chapters-Titles of the Mason County Code and other ordinances
and regulations of the County as listed below :
1 . Title 6 (Sanitary Code, enforcement only) , including the following Mason County
Board of Health regulations, which may not be codified in Title 6 : On- Site
Sewage Regulation, Group B Water System Regulation, Solid Waste
Regulation, and Water Adequacy Regulation
2 . Title 7 (Shoreline Master Program)
3 . Title 8 (Environmental Policy)
4 . Title 14 (Construction)
5 . Title 16 (Subdivision)
6 . Title 8 (Resource Ordinance)
7 . Development Regulations (Ordinance 82 - 96 , as amended)
8 . Mason County Flood Damage Prevention Ordinance (as amended)
9 . Title 13 (Utilities , enforcement only)
Revisions with staff report BCC June 8 04 . doc 1
VISIONS TO
COMPREHENSIVE PLAN DEVELOPMENT STANDARDS
JUNE S , 2004
Note that the proposed new text is underlined and that deleted text is . 4uek outs
s, ) changes in Title 15 Development Code .a
staff analysis :
Text additions are made to Title 15 Mason County Development Code to clarify the
purpose of the standards of the Development Code, including enforcement procedures, and
to include the enforcement portions of Title 13 Utilities (in Sec . 15 . 03 . 005 ) . Other text
additions are included to assure that all aspects of public participation from the Growth
Management Act, especially RCW 36 ._70A. 035 Public Participation are part of the
Development Code notification procedures (in Sec . 15 . 07 . 030) . A process of how requests
for rezone and for changes to the Comprehensive Plan or development regulations are to be
listed and evaluated is set forth in Sec . 15 . 09 . 060 Type IV decision review .
An interim measure was enacted in July 2003 to permit the review of the requested removal
of drainage and utility easements in plats by the County Commissioners or Hearing
Examiner; a clear process did not exist to review such requests in a time efficient manner.
The proposed text of Sec . 15 . 03 . 060 Process To Remove Utility And Drainage Easements
is presented as the permanent standards for this process . The Hearing Examiner will do
much of review of these requests ; the Board of County Commissioners has a limited review
of such requested easement removals .
MASON COUNTY DEVELOPMENT CODE
Sec. 15 . 03 . 005 PURPOSE AND APPLICABILITY
This Chapter-Title describes enforcement actions and how the Counter process how the
County will proeess enforcement ., ,bons a � applications for development subject to
review under the following Cis Titles of the Mason County Code and other ordinances
and regulations of the County as listed below :
1 . Title 6 (Sanitary Code, enforcement only) , including the following Mason County
Board of Health regulations, which may not be codified in Title 6 : On- Site
Sewage Regulation, Group B Water System Regulation, Solid Waste
Regulation, and Water Adequacy Regulation
2 . Title 7 ( Shoreline Master Program)
3 . Title 8 (Environmental Policy)
4 . Title 14 (Construction)
5 . Title 16 ( Subdivision)
6 . Title 8 (Resource Ordinance)
7 . Development Regulations (Ordinance 82 - 96 , as amended)
8 . Mason County Flood Damage Prevention Ordinance ( as amended)
9 . Title 13 (Utilities , enforcement only)
Revisions with staff report BCC june 8 04 . doc 1
15 . 03 . 030 BOARD OF COUNTY COMMISSIONERS
The Board of County Commissioners shall review and act on :
A. Type IV applications including changes to the Mason County Comprehensive Plan
and land use regulations ;
Be Applications for removal of utility and drainage easements set forth in Sec .
1500300609
15 . 03 . 050 HEARING EXAMINER
The Hearing Examiner shall review and act on the following subjects :
A. Appeals of decisions of the Building Official on the interpretation or application of
the Building Code .
Be Revoking or modifying a permit or approval per Section 15 . 13 . 070 .
Co Appeals of enforcement actions under the codes , ordinances and regulations listed
under 15 . 03 . 005 . Enforcement actions include interpretations and decisions made
as part of the enforcement actions under the authority of provisions in 15 . 03 . 005 .
D . Appeals of decisions of the Fire Marshal on interpretation or application of the Fire
Code .
E . Enforcement actions as provided in Chapter 15 . 13 .
F . Applications for Preliminary and Final Plats .
G. Appeal of administrative decisions by the Department of Community Development
as set forth in Section 15 . 09 . 020, 15 . 09 . 030, and 15 . 09 . 040 .
H . Appeal of threshold determination under Title 8 (Environmental Policy) .
I . Granting of variances , except for administrative variances .
J. Other Type III permit reviews, including : Large Lot subdivisions involving a public
hearing, Mason Conditional Environmental Permits , Mobile Home and Recreational
Park permits, Special Use Permits, Reasonable Use Exceptions, and Shoreline
Substantial Development Permits and Conditional Use Permits .
K. Plat vacation or amendments , pursuant to Chapter 58 . 17 RCW, and for the purpose
of removing utility and drainage easements set forth in Sec . 15 . 03 . 060 .
Sec. 15 . 07. 030 NOTICE OF PUBLIC MEETINGS AND PUBLIC HEARINGS
All notices for public meetings and hearings shall follow the provisions of R. C . W
36 . 70A . 035 Public Participation — notice provisions . Notice of a public meeting or public
hearing for all development applications and appeals shall be given as follows :
A. Time of Notices : Except as otherwise required, public notification of meetings , and
hearings , and on pending actions shall be made by:
1 . Publication at least ten ( 10) days before the date of a public meeting,
hearing, or pending action in the official newspaper if one has been
designated or a newspaper of general circulation in the County; and
2 . Mailing at least ten ( 10) days before the date of a public meeting, or public
hearing to all adjacent property owners of the boundaries of the property that
is the subject of the meeting or pending action . Addressed, pre- stamped
envelopes shall be provided by the applicant ; and
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3 . Posting at least ten ( 10) days before the meeting, hearing, or pending action
in one public place ( for example, a post office) and at least two notices on
the subject property.
4 . Provided that, if the notice is for the purpose of an open record pre- decision
hearing, the notice of application shall be provided at least fifteen ( 15 ) days
prior to the open record hearing .
5 . Provided that, if a SEPA threshold determination has been made, that
determination shall be issued at least 15 days prior to the hearing date .
6 . Written notice of application shall also be provided to any organization or
individual who has requested, in writing, to receive notice of all land use
applications encompassed by this Chapter. Provided that, the County
charge a reasonable fee for such notice, as approved by resolution of the
Board.
B . Content of Notice : The public notice shall include a) a general description of the
proposed project, b) action to be taken, c) a non-legal description of the property or
a vicinity map or sketch, d) the time, date and place of the public hearing and e) the
place where further information may be obtained .
C . Continuations : If for any reason, a meeting or hearing on a pending action cannot
be completed on the date set in the public notice, the meeting or hearing may be
continued to a date certain and no further notice under this section is required .
See. 15 . 09 . 060 TYPE IV DECISION REVIEW
A. The process for amending the Mason County Comprehensive Plan and
implementing development regulations (hereinafter annual amendment process)
shall follow the steps below. Generally, the county will consider both the plan and
regulation amendments together, and it will consider them only one time each year.
1 . Publish notice of the deadline for proposed plan or development regulation
amendment which will be placed on the docket for consideration.
Amendments must be considered at least annually. Comprehensive plan
amendments can not be adopted more than once a year.
a) Requests for rezone will be accepted on proper forms and include fees ;
such requests will be listed on a docket for further processing of the requests .
b Requested changes to the Comprehensive Plan or development
regulations will be accepted in written form by Department of Community
Development (DCD) . The request will be evaluated for merit by DCD staff
and the Board of County Commissioners . Those requests found of merit
will be included in the docket of Comprehensive Plan or development
regulations changes .
2 . The r, or ., Am ent of Community Development (DCD) prepares a
Comprehensive Plan Amendment Report for presentation to the Planning
Advisory Commission. The report will include all proposals received, the
initial analysis and cumulative impact review , and the initial SEPA
determination.
3 . The County transmits the proposals to the State Office of Community
Development and other state agencies .
Revisions with staff report BCC june 8 04 . doc 3
4 . After presentation of the report to the Planning Advisory Commission, the
Commission schedules a public hearing and may schedule workshops . (In
the case of amendments of special interest to one part of the county, a
workshop or hearing should be scheduled in that area. ) The public hearing
should be not less than 60 days after the official transmittal is provided to the
state .
5 . The DCD , acting for the Commission, releases public notice of workshops
and hearings .
6 . Planning Advisory Commission holds public hearing and optional
workshops , and formulate and transmit its findings and recommendations to
the Board of Commissioners .
T The Board schedules and releases notice of public hearings and workshops
as desired.
8 . Workshops and public hearings held by the Board of Commissioners .
9 . The Board meets to consider and take appropriate action on the amendments .
10 . Any resulting amendments are transmitted to the State Office of Community
Development and other state agencies, and public notice of adoption is
published .
q6 ) new text in Title 15 Development Code on extension or expiration of approved
permits .
The Department of Community Development proposes a needed text addition to Title 15
Development Code Section 15 . 09 . 100 Final Decision, that provides a timeline for action
when decisions are rendered and permits are issued by Mason County departments . The
process for extending the effective date of an approved permit or determining that a permit
has terminated is noted in the text . This process is set forth in order for Mason County to
be consistent in making these determinations for permits that have been issued by Mason
County departments .
MASON COUNTY DEVELOPMENT CODE
15. 09 . 100 FINAL DECISION
A. Time. . . . . . . .
Be Effective Date. . . . . . . . . .
C . Time Limit for Action. Where not otherwise provided by law, no permit or
exemption authorizing construction shall extend for a term of more than five years .
If actual construction of a development for which a permit has been granted has not
begun within two years after the approval , the Hearing Examiner (or Review
Authority, in the case of an exemption or Mason Environmental Permit) shall,
review the permit and upon a showing of good cause , may extend the initial two -
year period by permit for one year. Otherwise the permit terminates ; PROVIDED ,
that no permit shall be extended unless the applicant has requested such review and
extension prior to the expiration date .
Revisions with staff report BCC june 8 04 . doc 4
u ) Revise permit review procedures for the development Regulations
and Resource Ordinance to meet Title 15 code standards .
staff analysis :
In the Resource Ordinance, Development Regulations , and Development Code , there are
permit review procedures that are repeated in each ordinance text. When a change in
procedure is anticipated, more than one ordinance must be revised. What is currently
proposed is to adopt a standard procedure from the Title 15 Development Code by making
the proposed revisions set forth below, thus bringing the needed consistency of the
Resource Ordinance and Development Regulations with Title 15 . Much of the repetition of
the Resource Ordinance and Development Regulations is struck out; but when certain
standards of review are noted in the ordinance, those standards of permit evaluation will
remain in that ordinance .
MASON COUNTY DEVELOPMENT REGULATIONS
L05 . 040 Special Uses
1 . 05 . 041 Purpose
A Special Use is one which possesses unique characteristics due to size, nature,
intensity of use, technological processes involved, demands upon public
services , relationship to surrounding lands , or other factors . The purpose of this
Section is to provide for adequate oversight and review of such development
proposals , in order to assure that such uses are developed in harmony with
surrounding land uses , and in a manner consistent with the intent of this
Ordinance and the Comprehensive Plan.
1 .05 . 042 Authority
Review authority is granted under Title 15 Development Code Section 15 . 03 . 050
Hearing Examiner.
1 . 05. 044 Decision Criteria
The Board shall review of Special Use permit applications shall be in accordance
with the following criteria. The Board shall not approve Any application for a
Special Use permit shall not be ap rp oved unless it makes an affirmative finding
with regard to each of these criteria is made .
A. That the proposed use will not be detrimental to the public health,
safety and welfare ;
B . That the proposed use is consistent and compatible with the intent of
the Comprehensive Plan;
Revisions with staff report BCC June 8 04 . doc 5
CO That the proposed use will not introduce hazardous conditions at the
site that cannot be mitigated through appropriate measures to protect
adjacent properties and the community at large ;
D . That the proposed use is served by adequate public facilities which are
in place, or planned as a condition of approval or as an identified item
in the County' s Capital Facilities Plan;
E . That the proposed use will not have a significant impact upon existing
uses on adjacent lands ; and
F . If located outside an Urban Growth Area, that the proposed use will
not result in the need to extend urban services .
1 . 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 .
As Appliea4ien for- a Speeial Use Pennit shall be made to the DepaAm
f r .,w„*un t y Deyele,.m& t f:,fms f; „-v. ishe,l by the Cou t y
fee . established by the Ilea -.a
10050050 Hearings and Notices
Uponr ,mot of ., ,she do .s -hiel, , „ b.lie b, o.,,-ing
v c' r'v" , the
Administr-cae.r- shall set the date feF sueh hearing . The heafing date shall
Seetion 1 . 05 . 052 , a-ad shall a4se al!&Ar for- suffieient time to allew for- the
DepaAmepA of Conun-unity Development to review the proposal and pr-avi
Fepert to the Board.
1 . 05 . 052 Public Notice
The following are the �p " Ilir-emepAs fat: publie notiee for- any heanng.
shall either- be paid by the applieaftt difeetly, or- r-eimbtffsed by the applieapA to
the (Foot, t< . prior- to the date of the p, , b, lie b, " .,,-in
A Notiee shall be published of loss than to ( 1 0) days „ , t . he
iu u iie vv'spurer vi general virvuiuc
Revisions with staff report BCC june 8 04 . doc 6
Be Speeial netiee of the hearing shall be given to adjaeont landownefs-by
any other- method4. ., 4 the A dr. , inis+rnter .teems v,
Go if the subjeet pr-epeAy is leeated within the Shelton 1,4ban
A re . 9 n within one thousand ( 1 , 000)00) feet of saidT fb. a (`_ E)wtb Area,
9
notiee of the hearing shall be pr-evide.d to the Shelton City Clark .
1 05 05 Rules of !` e,nduet . Y7 ® asv9
vfrsc
The Board shall ha-ve the au4hor-ity to establish sueh Fules as it may deein
appr-opfiate for- the eonduet of the publie heafing. At a minimum, the allowing
fules shall apply-.
AT All testimony taken shall be swom testimony-.
Bo The Beafd shall keep and maintain a w-fitten r-eeer-d of all pr-eeeedH.,,. .
ca Any�i � zi shall have the vvrcdni+c t cit�vTc1
rvry
testimony, pwaft. of- the wfitten .
This oppoftunity may be subjeet to sueh time limitations as may be
Tl A + the n nl „ s, e, , of the b, eafin the Beard may elent to hol .l the rope ,r l
„ for- the , ,ufpose , f soliciting. additional to t; r.� " NT
hearing,1 . 05. 056 Deeision and Findings
Within OiiAy (30) days of the eonelusion of the p4he
the Board shall.
issue its deeision. The deeision shall be made in wfiting, and shalt ine
eenditions as it deems neeessar-y to assur-e that the proposed developme
the .aen; n ; e„ of the Board shaltbe sent to the County A ssenner the
nb, lle
A . Any deeision of the Administfatof made pttFsuant to this Ordinanee ma
to the Bear-d, subjeet to the fbllowin�
1 A iy appeal must be filed within tb, ; i4y (30) days of the .leeisio, ,
being appealed�.
I An appeal shall be aeeompanied by a filing fee as established by th�e
Revisions with staff report BCC june 8 04 . doc 7
With r-egafd to an appeal made to the
the fallowing Fules of eonduet shall
9
appeal,
the Board
004 to 6 sider- the mnttov
Be issues before the Beafd shall be limited to the infefmation eentain
v. the notino of appeal, nv, rl the written v or- of the l eeisio making
Fee body. The Board may heaf efal afgu � �" + n
the writteift
but it shall not eensidef any new testimony from any setifee .
7
A publie hearing shall not be held.
meeting in order- to provide adequate time to eensider- the issu
involved in the appeal .
its meeting to r sidev the mnttov
Revisions with staff report BCC june 8 04 . doc 8
MASON COUNTY RESOURCE ORDINANCE
17eOL120 DEVELOPMENT REVIEW PROCESS
A. ADMINISTRATION
There is hereby established an administrative system designed to assign responsibilities for
implementation of the Resource Ordinance, and to prescribe an orderly process by which to
review proposals and permit applications , and to ensure that all persons affected by this
Chapter are treated in a fair and equitable manner.
D . ADMINISTRATOR
2 . The duties and responsibilities of the Director shall include :
j . Submitting Variance Applications and Conditional Use Permit Applications
and making written recommendations and findings on such permits to the Hearin
Examiner Ding Gen+mission . Submitting ConditionalUse -Peffnit Appheafiefis
and making wr-44an findings on sueh pennits to the Board of CouiAy Coffifflissioners"
for- theif si ,le,-., ti n andlee al eff ei l aetie The Director shall assure that all
relevant information and testimony regarding the application is made available to
the Hearing Examiner Board during their review.
GO PLANNING COMMISSION
The Mason Cou-pAy Planning Commission, her-einafter- knOwn as the Plamiing
Commission, is hereby vested with :
I The authority to hear-, review, and make r-eeemmendations to the Boa-Fd e
., ttaehed thereto before . ublie meetings and/of he .,,-i " . n
26 The r-espensibility for- reviewing this program from time to time for- a period.
f not less tha one57eaf fe the pufpese of assessing the ChapteF's
effeetivenes Iemen4 of the r
fespensih • l • t • e
3 The , sihility for- . posing ..V, &le - re. zie.Tzlp q ., " making
effeetively and equitably aehieve this r-aeommendations to the Board on amendmepAs deemed neeessar-y to more
s goals and ptHposes .
4w To eensidff and make r-eeefmnmdations on appheations referfed to it by the
Du MASON COUNTY BOARD OF GOMMISSIONERS
The Mason Gounly Board of Go I�Nvr�> >
is
hereby estea with „ thoF ty te :
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of the Plapuiing Go
.1ar- meeting
Dif et!
39 7 hearings ,on fegulaf meeting days or- at publie
appeals of the
ef4er-ia established in this Chapten
C .E-. ENVIRONMENTAL PERMIT
1 . Applicability
All developments and uses that are permit required or conditionally
permitted under the terms of this Chapter within designated Resource Lands
and Critical Areas shall be subject to review and approval by the County
through the permit process described by this Section.
2 . Approval Authority
a. Administrative Review
All development listed as "Permit Required" in this Chapter shall be
processed through Administrative Review procedures . Decisions of
the Director shall be appealable to the Hearing_ Examiner Bewd of
r,,, , . Ay Commission n pursuant to terms of Title 15 Development
Code Section 15 . 11 . 010 Appeals of Administrative Decisions .
b . Public Review
All development listed as " Conditional " in this Chapter shall be
processed through Administrative Review procedures ; provided that
Public Review procedures shall be followed under the following
conditions :
( 1 ) Any person, who would qualify as an aggrieved person if an
appeal was being requested, requests to the Director in
writing within ten ( 10) calendar days following posting of the
public notice, pursuant to Section 17 . 01 . 120 . J , that a Public
Review procedure be conducted ; or
(2) The Director determines, based on the nature and complexity
of the project, that the Public Review procedure should be
conducted .
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When Public Review procedures are followed, the final approval
authority shall be the Hearing Examiner Board of —ey
c . Shoreline Master Program Review
When a use, development or other activity that is subject to review
under this Chapter is also subject to review under the Mason County
Shoreline Master Program, the proposed use, development or activity
shall be processed concurrently with provisions of the Shoreline
Master Program . Administrative decisions under terms of this
Chapter should generally, but are not required to , precede a public
hearing before the Hearing Examiner Mass County chor-eli
dvis n , Committee . Permits issued under authority of the
Shoreline Master Program may, but are not required to , include any
or all conditions stipulated in the Mason Environmental Permit.
3 . Administrative Determination of Applicability
Any person seeking to determine whether a proposed activity or an area is
subject to this chapter may request in writing, a-ad without at a fee set b . > the
Board, a formal "Determination of Applicability" from the Director. Such a
request for determination shall contain plans, data, and other information as
may be specified by the Director.
4 . Permit Fees
Fees for a Mason Environmental Permit (MEP) , Mason Conditional
Environmental Permit (MCEP), and other special studies review shall be set
by Resolution of the Board.
D .F-. SEPA COMPLIANCE
E .FO OLYMPIC REGION CLEAN AIR AGENCY POLLUTION r TTION GONT nr
n T THO IVY COMPLIANCE
All Mason Environmental Permit (MEP) and Mason Conditional Environmental
Permit (MCEP) applications shall be forwarded for review to the Olympic Region
Clean Air Agency Doll" +*" CopAfo Au-the +. . (ORCAA Off) unless the
Director makes written findings that the proposed development is unlikely to result
in any direct or indirect impacts on air quality. Development shall be consistent
with all applicable ORCAA OAPGA standards .
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F . H-. SPECIAL STUDIES AND PLANS
G . L. ACCEPTANCE OF APPLICATIONS
2 . Upon acceptance of an application, notice of application shall be posted by
the applicant on the property or principal entry point to the property from the nearest
public right-of-way upon which the proposed development is located using a sal
form provided by the County, on a waterproof sign. Said sign shall be maintained
b the appliemt until action is taken on the application, when it shall be promptly
removed by the , ppl , * . Said sign shall be located so that it is visible from the
abutting road. When more than one road abuts the property, then the sign shall be
visible from the road having the greatest traffic volume . Signs shall be of a size
determined by the Department of Community Development . At. IWH4 ? feet '�;T ^.
n 6 meters �.,� uy 0. 61 meters) in size m tr-attiye ae
069060666
H .J-. REVIEW BY AGENCIES
I.K—. ADMINISTRATIVE REVIEW
1 . Review of permits shall follow the provisions of Title 15 Development Code
Section 15 . 09 for type H decision review . Within thii y (30) eale,, da f days
appheation as follows :
a. Approval;
D . Disapproval ;
o ; �
c�
.7 D1� � �ieai4, sp�ctTl�i3��n ccct�6irtA � @eif reasons for-
0 ) d, the fequir-emepAs of this Chapter- and all other Felevant faets and
information needed to detennine that the publie i-PAefest shall be senzed by
pr-eeedmt> reasons,
2 . Director' s Findings
Revisions with staff report BCC june 8 04 . doe 12
a. The Director shall make findings based upon the review and
recommendations of County departments , other agencies , affected
tribes , and any public comments received . Such findings and
conclusions shall also set forth the manner by which the decision
would carry out and conform to the goals of RCW 36 . 70A, other
adopted County policies , objectives and regulations and this Chapter.
b . A decision on the application may be to grant, deny, or grant with
such conditions, modifications and restrictions as the Director finds
necessary to ensure that the proposed development is compatible
with the natural environment, and is in compliance with the goals of
RCW 36 . 70A, the Shoreline Master Program, State Environmental
Policy Act, the standards of this Chapter, and other County codes and
ordinances found applicable . Examples of the kinds of conditions ,
modifications and restrictions which may be imposed include, but are
not limited to , additional setbacks , screenings in the form of fencing
or landscaping, storm drainage facilities , restrictive covenants ,
easements, dedications of additional rights- of-way, performance
bonds and measures to mitigate identified adverse environmental and
socio- economic impacts associated with the proposed action .
J .L= PUBLIC REVIEW
If a determination is made that a Public Review is necessary, pursuant to Section
17 . 01 . 120 . E . 2 .b of this Chapter, then the provisions of Title 15 Development Code
Section 15 . 09 for type III decision review shall be followed .
I Within seven (7) wefk4ng days following the last aetion required to eemplix
with the r,ts of SEP A Tlo,. .,,-t.v e t �, F Community
0 0 0 � the
DevelopmepA shall sehedule a date for- a publie hearing before the Plamiii+g
Commission en these
, vv o 0
a. The date of hearing shall be no more than sixty (60) ealendar- days
plans SEPA
> >
fOF
non exempt pr-ejeets, the last aefien required to eemply with SEPA.
! file ,.,-1,pese,l p eet shall be published ., t least to ( 1 0) e len days prior- to the heafiB..g date in a newspaper- of gener-al eir-ettlation i
the yr.
,tiee of the hearing date shall be mailedto all o of
v
the betmdar-ies of the
9 9 nvv �d by the ,
whieheve
Revisions with staff report BCC june 8 04 . doe 13
provide the County with said list of nafnes and pay the eost of the
d* Wr-iRen nefiee of appheation shall also be provided to any
ofganization or- individual whe has
�hall be the responsibility of the applioant to
t, ,. o of ., 11 !and use ,pt , .. ., t onso oa 1... . tlt , o Caln :mto,-
Provided that, the County may ehar-ge a reasonable fee for- sue.h.
floti" e , as approved by resolution ofth Board .
Difeeter- E) f Community Development shall enstffe that all reasonable means
are used t , provide ,, .t; ,^,mo o ^ t ; ^ t; ,,, ,, 1 l,^ o ^ ,- nr
7 REPORT !lam' PT AATATING DEPARTMENT
UTli ENT
the r
days prior- to the seheduled hearing the r-epeft shall be mailed to the P !
Go ission and eopies thefeef shall be mailed to the appheant,
interested parties and made available fef publie inspeetion.
36 PUBLIC HEARDsaid ptthlie heafing to another- date eeftain,Prior- to making a r-eeommendatien on any applie. ation, the Plannin
Commission shall hold at least one publie hearing ther-eon. 14 may eentiflue
.
a. The eemplexity of the issue andlor- intense p4lie interest waffaii
be The first publie hearing is not effleially elosed, and the date for-
eentinued publie hearing is established during the safne session as the fi
„ 1,1 ; e 1, o ^,•; ,, .,
The -Plapming, Commission should make ever-y eff-ort to expeditiously arril.ze at.
its r-eeemmendation .
Revisions with staff report BCC june 8 04 . doc 14
4 DT AATATTAT(' COMMISSION RECOMMEND AT!
T%(1RT
9
unless a longer- period is agreed to in 1A7�4ting by the appliearA, the Planning
Commission shall render- a wr-iften Feeemnnendcr4ion w-hieh shall inelude at
leant the following :
a. Written findings based upon the r-eeer-d a-ad eenelusions thefefrom
shall also net fortL, the manner- by .. >hie the r ,-, .latio . „ lexisting County adopted poheies , a
regulations,
and this Ghapter�.
of grapA with sueh 7
modifieations and r-est-i4efions as the
(' efmn ssio n finds necessary toe e that the proposed development
eomplianee with the goals of RGAI is eempatible with #suffeunding !and use pattems , and is in
State Eftvir-epcmental
whieh may be imposed 7 btA are not limited 7
additional
dfainage I I easements ,
dedieations of
a . difi ev. al fight of way, pere rmanee bonds and1 m e n to mitigate
i e., t, f; e.l adverse a „ tal andsoeio eeenomie impaets
asseeiated with the r e .l aetiep
r R BOARD ACTION ADOPT I 7 R r CT ,RE
Conununity Development considefation in open publie meeting no seetter- 4wn ten ( 10) nor- longer- 4wfi thirt
(30) eale-adaf days from the date the r-eeepmnendatien was r-ffidefed. The Board
shall eensider- the matter- based " on the wr-i#ea feeor-d, exhibits , DepaAment e
and the Planning Commission's r-eeommendat
)
No BOARDACTION N4E1DIFY
if-, at the p4lie 7
medifieations to the the Board finds it may be neeessar-y to eonside.r.-
hearing at whieh time it may reeeive additional evidenee and testimony. Notiee of
n f this !''b, apter
K. B . REASONABLE USE EXCEPTION
1 . If the application of this Chapter would deny all reasonable use of a site,
development may be allowed which is consistent with the general purposes
of this Chapter and the public interest .
Revisions with staff report BCC june 8 04 . doc 15
2 . Nothing in this Chapter is intended to preclude all reasonable use of
property. An applicant for a development proposal may file a request for a
reasonable use exception which shall be considered by the Hearin
Examiner m
at a public hearing .
a. A description of the areas of the site which are critical areas and/or
resource lands or within setbacks required under this Chapter;
b . A description of the amount of the site which is within setbacks
required by other County standards ;
c . A description of the proposed development, including a site plan;
d. An analysis of the impact that the amount of development would
have on the resource lands or critical areas ;
e . An analysis of whether any other reasonable use with less impact on
the resource lands or critical areas is possible ;
f. A design of the proposal so that the amount of development proposed
as reasonable use will have the least impact practicable on the
resource lands and/or critical areas ;
g . Other information as the Department determines is reasonably
necessary to evaluate the issue of reasonable use as it relates to the
proposed development .
L P . The Hearing Examiner may approve the
reasonable use exception, if the Hearing Examiner Board determines the following
criteria are met :
1 . There is no other reasonable use or feasible alternative to the proposed
development with less impact on the resource lands or critical areas ; and
2 . The proposed development does not pose a threat to the public health, safety
or welfare on or off the site ; and
3 . Any alteration of the resource lands and/or critical areas shall be the
minimum necessary to allow for reasonable use of the property; and
4 . The inability of the applicant to derive reasonable use of the property is not
the result of actions by the applicant in subdividing the property or adjusting
a boundary line thereby creating the undevelopable condition after the
effective date of the Chapter; and
5 . The proposal mitigates the impact on the resource lands and/or critical areas
to the maximum extent possible, while still allowing reasonable use of the
site .
M . Q . Except when application from this Chapter would deny all reasonable use of a site,
an applicant who seeks an exception from the regulations of the Chapter shall
pursue a variance as provided in Title 15 Development Code Section 15 . 09 . 057 .
Revisions with staff report BCC june 8 04 . doc 16
hh ) minimum front yard setback in all areas of the County .
staff analysis :
The Department of Community Development proposes changes to the Development
Regulations to state that a minimum front yard setback shall exist in all areas of the County.
The proposed minimum front yard setback provides for adequate distance along roads and
road easements for possible future improvements (safety or resurfacing) when needed . A
variance can still be submitted for review in order to grant reasonable relief for a site
specific request.
MASON COUNT' DEVELOPMENT REGULATIONS
Sec. 1 . 03 . 036 Buffer and Landscape Requirements
. . . . . . . . . . . . . . . . . . 0
K. Uses allowed in a buffer yard .
1 . Where a wetland or open space set aside for any other purpose is
used as a buffer yard, any use normally allowed in such wetland or
open space may be allowed also within the buffer yard, except that
mining, logging, or other forestry activities shall not be permitted in
a buffer yard.
2 . Required stormwater facilities may be located within buffer yards,
provided that the landscaping of such facility complies with the
requirements of this Section .
L . In the determination of applicable buffer yards , either through this
subsection or in Chapter 1 . 04 , the front yard setback shall not be less than 10
feet, except by the granting of a variance ( Section 1 . 05 . 030) .
. . . . . . . . . . . . . .
ii ) change in accessory dwelling unit requirements .
staff analysis :
The Department of Community Development proposes a change in accessory dwelling unit
(ADU) standards in the Development Regulations (from 900 sq ft to 1 , 000 sq ft) to allow
the same size accessory dwelling unit as now permitted in the Mason County Shoreline
Master Program . Staff finds that this is a reasonable change since some flexibility in this
standard was commonly stated by applicants requesting ADUs on properties well away
from shoreline areas of the County.
Revisions with staff report BCC june 8 04 . doc 17
MASON COUNTY DEVELOPMENT REGULATIONS
Sec . 1 . 03 . 029 Accessory Dwelling Unit Requirement
Ds The ADU shall not exceed 50% of the square footage of the habitable area of
the primary residence or 900 1 , 000 feet, whichever is smaller.
00090000000
q3 ) new text in the Resource Ordinance and Development Regulations to include
the term appurtenant structures in the definition of residential development .
MASONY DEVELOPMENT REGULATIONS
1 . 06 Definitions
Insert in order:
Appurtenant Structured 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 .
Residential Development. 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.
MASON COUNTY RESOURCE ORDINANCE
17.01 .240 Definitions
Insert in order :
Appurtenant Structure : 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, u 1p and
retaining wall, and fence .
Residential Development. 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.
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