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2022/12/20 - Regular Packet
Board of Mason County Commissioners Draft Meeting Agenda Commission Chambers 411 N 5th St, Shelton, WA 98584 December 20, 2022 9:00 a.m. December 20.2 Commission meetings are live streamed at http://www.masonwebtv.com/ Effective May 10, 2022, regular Commission business meetings will be held in-person and via Zoom. Please click the Zoom meeting link posted on the Mason County homepage and use the “raise hand” feature to be recognized by the Chair to provide your comments and testimony. Public comment and testimony can be provided in-person, and you can also e-mail msmith@masoncountywa.gov; mail in to the Commissioners’ Office at 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 419. If you need to listen to the Commission meeting via telephone, please provide your telephone number to the Commissioners’ Office no later than 4:00 p.m. the Friday before the meeting. 1.Call to Order 2.Pledge of Allegiance 3.Roll Call 4.Correspondence and Organizational Business 4.1 Correspondence 4.2 Elected Official and Staff Recognition 4.3 Noxious Weed Control Board News Release 4.4 Lewis-Mason-Thurston Area Agency on Aging News Release 4.5 2023 Utility System Rate Increases for North Bay, Rustlewood, Beards Cove, and Belfair News Release 4.6 Free Christmas Tree Recycling News Release 4.7 Hours and Days of Operation Change at Each County Solid Waste Facility News Release 5.Open Forum for Citizen Input – (3 minutes per person, 15-minute time limit) Please see above options to provide public comment. 6.Adoption of Agenda Items appearing on the agenda after “Item 10. Public Hearings” may be acted upon before 9:15 a.m. 7.Approval of Minutes – November 4, 2022 Joint City-County Minutes; November 7, 2022; November 21, 2022; November 28, 2022; December 5, 2022; and December 12, 2022 Briefing Minutes, November 8, 2022; November 22, 2022; and December 6, 2022 Regular Minutes; and December 5, 2022 Budget Hearing Minutes 8.Approval of Action Agenda Items listed under “Action Agenda” may be enacted by one motion unless a Commissioner or citizen requests an item be removed from the Action Agenda and considered a separate item. 8.1 Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8092484-8092688 $ 1,212,120.87 Direct Deposit Fund Warrant # 92412-92806 $ 873,147.72 Salary Clearing Fund Warrant # 7007052-7007085 $ 1,122,315.32 Treasurer Electronic Remittance $ 166,901.74 8.2 Approval of the Resolution deleting budgetary General Fund Department 258 Murder Expenditures and Department 305 Motor Pool and record those revenues and expenditures in the General Fund Department 300 Non-Departmental; and approval of the Resolution deleting Fund 429 Beards Cove Reserve and record those revenues and expenditures in Fund 412 Beards Cove and deleting Fund 480 Storm Drain System Development and record those revenues and expenditures in Fund 105 County Road. 8.3 Approval to move the temporary Foundational Public Health Services (FPHS) funded Accounting Technician position to a full-time employee position. 8.4 Approval of the Resolution amending Resolution 2022-087 Mason County Personnel Policy to include the definition of “continuous service”. 8.5 Approval of Lead Pay for Todd Cunningham, Building Official for Community Development, from January 1, 2023 through December 31, 2023. 8.6 Approval to reappoint Tamra Ingwaldson to the Lewis-Mason-Thurston Area Agency on Aging (LMTAAA) advisory council to complete a term ending December 31, 2024. 8.7 Approval for the Chair to sign the subrecipient agreement with Community Action Council (CAC) of Lewis, Mason, and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant (CDBG). 8.8 Approval to set a Public Hearing for Tuesday, January 17, 2023 at 9:15 a.m. to consider the request from NW Green Construction Inc. to rezone two parcels (no. 12217-24-50030 and 12217-24-50040) from Rural Residential 10 to Rural Residential 5. 8.9 Approval for the County Administrator to sign the contract amendments to the Voluntary Stewardship Program (VSP) to add $225,580.56 from the Washington State Conservation Commission and approval for the County Administrator to sign the amended interlocal agreement with the Mason Conservation District. 8.10 Approval of the Resolution recertifying to the County Assessor the property tax levies for collection in 2023 due to a revised reduced levy request from Shelton School District no. 309. 8.11 Approval to reappoint William “Bill” Kendrick to the Mason County Civil Service Commission for a six-year term ending December 31, 2028. 8.12 Approval to vote for Cmmr. Lisa Janicki the County Representative on the Board of Natural Resources and have the Clerk of the Board document and send the completed ballot to the Washington State Association of Counties (WSAC). 8.13 Approval of the purchase and sale agreement for the property at 126 Kneeland Street for the purchase price of $550,000 paid from Real Estate Excise Tax (REET) 1 funds. 8.14 Approval of the January 2022 – December 2026 Collective Bargaining Agreement (CBA) for Engineers Guild representing Mason County Public Works and Support Services. 8.15 Approval of the amendment to the Memorandum of Agreement (MOA) with the Squaxin Island Tribe to extend the end date to December 31, 2023 and to add clarifying language. 8.16 Approval of the Resolution allowing the Board to suspend all 2023 Consumer Price Index (CPI-U) rate increases set by County Code Chapter 13 and to make a one-time 5% increase to monthly rates for all County-owned water/sewer systems. 8.17 Approval of the extension for the temporary promotion of Corrections Support Officer (CSO) Brad McQuade to Alternative Sentencing Unit (ASU) Coordinator until March 16, 2022. 8.18 Approval to select Patriot Fence, LLC for the installation of a fenced dog enclosure at the Mason County Foothills Park. 8.19 Approval of the updated Friends of Mason County Parks and Trails Department Program. 8.20 Approval of the agreement with the Friends of Lake Cushman Dog Park for the Foothills Park. 8.21 Approval for the Budget and Finance Manager to submit an application for funding through the Department of Treasury for Local Assistance and Tribal Consistency Funding (LATCF). 8.22 Approval of the Memorandum of Understanding (MOU) bridge agreement to address holidays and shift differential until the 2022-2024 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 I.A.M. Corrections and Support Staff. 9.Other Business (Department Heads and Elected Officials) 10.9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. 10.1 Public Hearing to consider approval of the supplemental budget requests and budget transfers to the 2022 Budget. Staff: Jennifer Beierle 10.2 Public Hearing to review and approve amendments to Mason County Code Title 17 and Title 8.52. Staff: Marissa Watson 11. Board’s Calendar and Reports 12. Adjournment MASON COUNTY TO: Board of Mason County Commissioners Reviewed FROM: Cassidy Perkins Ext. 419 DEPARTMENT: Support Services Action Agenda DATE: December 20, 2022 No. 4.1 ITEM: Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: Notice of Cannabis License Application for Juicer Extractions, Liquor & Cannabis License Renewal Application Information, and Notice of Liquor License Application for Hood Canal Market Fresh. 4.1.2 Civil Service Commission (Advisory Board) Application received from William Kendrick. 4.1.3 Letter received from Mason County Treasurer regarding RCW #36.48.010, Depositaries Designated by Treasurer. Attachments: Originals on file with the Clerk of the Board. NEWS RELEASE December 20, 2022 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Mason County Noxious Weed Control Board The Mason County Board of Commissioners is seeking applicants to fill four positions on the Mason County Noxious Weed Control Board. The Board of Commissioners appoints Noxious Weed Control Board members to four-year terms. The Noxious Weed Control Board consists of five voting members, each representing one of the five designated weed control districts in the County. At least three of the five voting members must be engaged in primary production of agricultural products such as livestock, crops, shellfish, timber, or Christmas trees. The Noxious Weed Control Board currently has two vacancies for District 4 (Belfair and North Mason area) and District 5 (west of Hood Canal and north of Potlach). In addition, the Board gave notice of expiration of terms of office and is seeking applications for District 1 (Shelton area, west of Matlock, and south to the County boundary with Thurston County) and District 3 (Skokomish Valley and Union Area). The Board has a mission of working to protect the citizens, natural resources (including lakes, shellfish, and timber), livestock, and agricultural resources of Mason County from the degrading effects of noxious weed invasions. The Board functions to identify priority weed issues and develops a strategy to control noxious weeds with the cooperation of residents and agencies in the County. The Mason County Noxious Weed Control Program works to educate residents on noxious weed identification, control methods, and works cooperatively with landowners who have noxious weed infestations. To obtain an application, contact the Commissioners’ Office at (360) 427-9670 ext. 419 or at https://masoncountywa.gov/forms/ac/noxious-weed/weed-board.pdf. For more information, contact the Mason County Noxious Weed Control Program Coordinator Kela Hall-Wieckert at (360) 427-9670 ext. 592 or khall-wieckert@masoncountywa.gov. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Chair ______________________ Sharon Trask, Commissioner ______________________ Randy Neatherlin, Commissioner NEWS RELEASE December 20, 2022 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Lewis-Mason-Thurston Area Agency on Aging Advisory Council Openings Mason County is seeking applicants to serve on the Lewis-Mason-Thurston Area Agency on Aging Advisory Council (LMTAAA). The Lewis-Mason-Thurston Area Agency on Aging is a local governmental agency that provides home and community services for seniors and adults with disabilities to help them remain living in their own homes. The advisory council makes recommendations to the governing board and staff. Members serve a two-year term and meet the first Wednesday of the month at the Are Agency on Aging office at 2404 Heritage Court SW Suite A in Olympia from approximately 9:30 a.m. to 12:00 p.m. Members are not paid; however, automobile mileage is covered. The website address is http://www.lmtaaa.org. For more information about the LMTAAA, please contact Jessica Hodges at (360) 664- 2168 ext. 108 or jessica.hodges@dshs.wa.gov. For an application, please contact the Mason County Commissioners Office at (360) 427- 9670 ext. 419 or visit the County website at http://www.masoncountywa.gov. Applications will be accepted until the positions are filled. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Chair ______________________ Sharon Trask, Commissioner ______________________ Randy Neatherlin, Commissioner NEWS RELEASE December 20, 2022 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: 2023 Utility System Rate Increase for North Bay, Rustlewood, Beards Cove, and Belfair Per Mason County Resolution no. __________, all water and sewer rates and fees at the Mason County owned and operated Rustlewood, Beards Cove, North Bay/Case Inlet, and Belfair utility systems will increase by 5% for the 2023 calendar year. This increase applies to monthly service rates to cover the annual cost increase experienced by the County for the operation and maintenance of the above referenced water and sewer utility systems. Notices will be mailed out to all Rustlewood, Beards Cove, North Bay/Case Inlet, and Belfair utility users because of these rate changes. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Chair ______________________ Sharon Trask, Commissioner ______________________ Randy Neatherlin, Commissioner Utility Per ERU GP on Empty lot Duplex/unit Connection Fee Re-Connect Fee Grinder Fee Permit Fee Inspect Fee Re-inspect Fee Shop Rate/hr RW Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 RW Sewer $118.15 $236.30/$118.15 $6,065.72 $150.00 $75.00 $75.00 $75.00 NBCI Sewer $124.86 $87.40 $174.80/$87.40 $11,954.72 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 BC Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 Belfair $100.80 $70.53 $11,300.00 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 Plan Review Comm or subdiv Monthly Rate 2023 Miscellaneous Fees NEWS RELEASE December 20, 2022 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Free Christmas Tree Recycling Mason County announces its free Christmas tree recycling program available at the following locations starting December 26, 2022 and ending January 7, 2023: - Shelton Transfer Station located at 501 W Eells Hill Road in Shelton, business hours are Monday through Saturday from 8:00 a.m. to 4:45 p.m. - Belfair Solid Waste Drop Off Facility located at 2001 NE Sand Hill Road in Belfair, business hours are Tuesday through Saturday from 9:00 a.m. to 3:30 p.m. Customers of Mason County Garbage and Recycling curbside service can cut up their trees and stick them in their cart as part of their regular pick up. Please note that all trees dropped off for free recycling at County facilities must be free of tinsel, decorations, and flocking. Wreaths and garlands will not be accepted for free recycling since these items contain wires and therefore cannot be recycled. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Chair ______________________ Sharon Trask, Commissioner ______________________ Randy Neatherlin, Commissioner NEWS RELEASE December 20, 2022 MASON COUNTY COMMISSIONERS’ OFFICE 411 N 5TH ST, BLDG 1, SHELTON, WA 98584 TO: KMAS, KRXY, SHELTON-MASON COUNTY JOURNAL, THE OLYMPIAN, SHELTON CHAMBER OF COMMERCE, NORTH MASON CHAMBER OF COMMERCE, CITY OF SHELTON, ECONOMIC DEVELOPMENT COUNCIL, THE SUN RE: Hours and Days of Operation Change at Each County Solid Waste Facility Mason County will be changing the hours and days of operation at the Eells Hill Transfer Station and the Belfair, Hoodsport, and Union Drop Box Stations. New hours will take effect on January 1, 2023 at each facility as follows: Eells Hill Transfer Station will be open 7 days a week from 8:00 a.m. to 5:00 p.m. Belfair Drop Box Station will be open Tuesday through Sunday from 9:00 a.m. to 3:30 p.m. Hoodsport Drop Box Station will be open Friday through Sunday and the Union Drop Box Station Saturday through Monday from 9:00 a.m. to 4:00 p.m. For more information about the County Solid Waste Program or the Eells Hill Transfer Station and Union, Belfair, or Hoodsport drop of facilities, you can visit the Utilities and Waste Management webpage on the County website at www.masoncountywa.gov or call (360) 427-9670 ext. 207. BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty, Chair ______________________ Sharon Trask, Commissioner ______________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Special Meeting Agenda – Leadership Breakfast Mason County Commissioners and Shelton City Council 9:00 a.m. – 11:00 a.m., November 4, 2022 The Ridge Motorsports Park 1060 W Eells Hill Road, Shelton, WA 98584 1. Mark Neary called the meeting to order. 2. Pledge of Allegiance. 3. Agenda Items: a. Jail Discussion – potential changes to housing city inmates and future County jail options. Mark Neary, County Administrator, discussed staffing issues within the Jail and how that impacts the number of inmates that can be housed. Corrections Chief Hanson, Mason County Sheriff’s Office, shared that 25 Corrections Deputies are needed to be fully staffed and to manage a jail population of 80. Currently, 18 positions are filled which means the inmate population must be reduced. Target population is 60 at this time and the City of Shelton contracts for 7 of those beds. The Jail is restricted to Class A and B felonies – driving under the influence, assault, domestic violence, eluding, etc. Other crimes are referred to the Courts. Jeff Niten, City Manager, shared concerns on the inability to get people into the Jail. If an inmate is held on both City and County charges, they cannot be booked until the warrant is confirmed. A contract with the Nisqually Jail for up to 20 beds per month is being considered for the City’s 2023 budget to help hold individuals accountable. The City Council has preliminarily authorized the use of Reserve Funding through 2023. Undersheriff Adams, Mason County Sheriff’s Office, discussed outsourcing and contracting with Nisqually. A discussion is needed for a long-term plan to resolve the increased need for more beds and a better Jail facility in Mason County. Mark gave a brief history on previous Jail proposals, partnering with neighboring Counties, and 2021 estimates between $35 million and $95 million. The most recent proposal is a public-private partnership – using private funds to build the Jail and then the County would lease-to-own the Jail from that private entity. Jail and corrections are a big issue and funding support is needed. Smaller counties need about $2 billion worth of funding help from the State. Mason County has a $10k hiring bonus for Corrections Deputies and is still having an issue filling positions. Jeff added that if an individual is sentenced for a longer term from the municipal court, Forks will bring a van to Mason and surrounding areas to take inmates to the Forks facility for a rate of $55 per day. Chief Hanson shared that, with staffing, Forks has 20 beds available and will do a once a week run. Mayor Eric Onisko, City of Shelton, added that even with a bigger facility there are still staffing issues. Chief Hanson shared that Nisqually deputies do not have to go to the Washington State Academy for training. Jeff asked if there are potential revenue sources associated with building a new Jail? Mark answered Real Estate Excise Tax (REET) 1 is the main funding source for the majority of capital facilities. Road levy funds have been diverted to the General Fund to cover trafficking to open up General Funds for other sources. Cmmr. Shutty discussed a property tax levy in the RCWs that would be in five- or six-year increments and could generate about $25 million over the life of the levy. A few years ago, the 3/10th and 1% Public Safety sales tax was put on the ballot and voted down 60/40. More conversation with the community and short-, medium-, and long-term approach is needed. Short-term would be a partnership with Nisqually or Forks or other outsourcing plan. The staffing issue is critical State-wide. What can we ask our constituents to contribute? The priority in Olympia is to move away from the incarceration model. Mason County has been a leader in implementing alternative sentencing programs, therapeutic programs, and electronic home monitoring. However, there is still a lack of accountability. Board of Mason County Commissioners Special Meeting Agenda – Leadership Breakfast Mason County Commissioners and Shelton City Council 9:00 a.m. – 11:00 a.m., November 4, 2022 The Ridge Motorsports Park 1060 W Eells Hill Road, Shelton, WA 98584 Undersheriff Adams shared that the staffing issue is cyclical. There are a lot of open jobs on the market and the County is competing with the private sector. The County did a great job researching what the County needs in terms of a Jail, but not what to do to move forward. A lot of options were not explored. Facilities can be built in a modular fashion where the footprint for a large facility is in the infrastructure. A smaller holding area is built with the idea that you can expend out 10 or 20 years later as the need grows. There are people with amazing backgrounds in Mason County that would be willing to be on a committee for the Jail. This committee can look into options for construction and financing. Jeff mentioned that the City is about to begin construction for the C Street landfill cleanup which is a 15-acre site. Once cleaned up, the City may be willing to partner with the County to build a Jail facility there. For the Public Safety sales tax, could the County show that the revenue would go towards holding people accountable and outsourcing inmates? Mason County Sheriff Casey Salisbury added that the sentiment across Washington changes – people are against what law enforcement has recommended and now are tired of the mayhem that has created. When the current Jail was built, citizens were told that it would be a “never-ending” Jail with “never-ending” capacity and space. The day the Jail opened, it was overfull. City of Shelton Police Chief Carol Beason, regarding outsourcing to Nisqually, met with the Sheriff’s department and would like a partnership on holding individuals accountable and make the community safer. Working together is far more effective and efficient. Sheriff Salisbury added that the Sheriff’s Office outsourced in the past and it was extraordinarily expensive. However, it was the first time that the crime rate went down. Mark shared that his focus is to find a solution. Cmmr. Shutty asked what the population of inmates is pre-trial versus sentenced? Chief Hanson answered 2/3rds. The classification of inmates has changed, more require individual rooms which takes up the space of two beds. There are 93 beds with an operation capacity of 80 and enough staff for 60. The main issue is staffing. The lower classification crimes are the individuals that do laundry, litter crew, work release, home monitoring, etc. and do not take up extra resources. Only the high-risk inmates are booked. The trend right now is to not incarcerate but to put inmates in a program to get help. City of Shelton Deputy Mayor Joe Schmit shared that previously the council worked hard to establish a strong and conservative fiscal policy. A 20% Strategic Fund balance in the General Fund has been established. In 2023, that fund will be used to fund Jail services. In a year, the situation will be the same or worse than it is today and the community will be extremely frustrated. The City of Shelton budget book states, “adequate fund balances are maintained to allow the City to continue providing services to the community in case of unexpected emergencies, unfunded mandates, and/or economic downturns”. The investment in Nisqually or Forks is not an unexpected emergency, unfunded mandate, or economic downturn. Sheriff Salisbury commented that the Jail issue always falls into the wrong cycle occurring in the community. Each time the County needs to go out for the Jail, another bond or levy issue is going on and it is never the right time, this is a perpetual cycle. It is hard for the community to vote yes for all levies. Miguel Gutierrez, City of Shelton Councilmember, added there is capacity but no staffing. The focus could be on staffing that is not law enforcement related, such as affordable housing in the labor contracts or below market rate housing for law officers and emergency providers. To break the cycle, a paradigm of creating a location where people want to live and work is needed. Not everyone is involved, representation is needed from the tribes. Steve Pierce, Central Mason Fire, asked what population in the Jail is suffering with mental illness? Chief Hanson answered at least 60%. There are programs and help available for both people in and out of the Jail. Money is available for peer counselors, reentry programs, and mental health counselor. A lot of programs are grant funded, the funding goes away. The individuals coming to Jail are high crime Board of Mason County Commissioners Special Meeting Agenda – Leadership Breakfast Mason County Commissioners and Shelton City Council 9:00 a.m. – 11:00 a.m., November 4, 2022 The Ridge Motorsports Park 1060 W Eells Hill Road, Shelton, WA 98584 individuals committing felonies. Booking restrictions prohibit low-level crimes. Steve shared that it has become law enforcement’s job to deal with mental illness. But the real issue of mental illness is not being dealt with on a State level. Undersheriff Adams would like a commitment moving forward with a committee and is willing to start that process. Mark will follow up with the Commissioners at the next Briefing. b. County property located on Public Works Drive – update on market activity and discuss potential other uses. Mark shared that there are six parcels declared surplus by the County adjacent to the new Public Works facility. The market value has been received and the parcels have been actively marketed by Richard Beckman Real Estate. There has been interest in the parcels and earnest money put down. Individuals want to put a motel or RV parking potentially to support the raceway. Unfortunately, the funding did not come through. Other offers considerably below market value have been received. Other options and alternatives are being evaluated. Cmmr. Trask would like to see the parcels be used commercially, which would benefit the County, City, and constituents. The parcels should stay on the market. Deputy Mayor Schmit shared that three years ago the City was told by lobbyists about the economic stagnation along that corridor due to the latecomers’ agreement in place by the State of Washington. The lobbyist worked with Representative Dan Griffey, Representative Drew MacEwen, and Senator Tim Sheldon to get those restrictions removed. It would be ideal for the property to be marketed and Deputy Mayor Schmit would be willing to help market it and look into sub-area plans or other things that may require an investment from the City. The additional revenue from potential development could be used to fund things like the Jail. Mayor Onisko asked if it would be possible to dedicate some of the land as a park? Jeff added that if a sub-area plan is put together for that general area in that Urban Growth Area (UGA) it will show investors that there is an identity to be seen. Cmmr. Neatherlin shared that the parcels have been marketed by both realtors and the Economic Development Council (EDC). The property is owned by the County’s Road Department. To turn it into a park, the County would have to purchase the property at fair market value. The individuals making offers do not have the funding and are searching for investors. The demographics are huge for hotels and motels, however there are issues with the economy. Jae Hill, Community and Economic Development Director for City of Shelton, has successfully been able to do joint public-private development agreements when a City or County identified a particular property and wanted a certain use on it using long-term land leases and/or tax incentives. This could begin with a comprehensive plan, sub-area plan, and site plan and development agreement. Investors are looking at this area because of the federal tax credits. The City and County could come together to put together the right package for infrastructure components for investors. Cmmr. Shutty is open to conversation on a sub-area plan. There are a lot of space needs at the County, especially expanding the downtown campus. Being able to keep the County workforce downtown is important and can help generate revenue downtown during lunch hours or after work. The County is a revitalization partner in the sense that it can do capital investments that the private sector might not be able to do. Deputy Mayor Schmit is open to discussing downtown County campus needs. The biggest source of revenue to the City’s General Fund is sales tax. When retail space is used by government it impacts that budget. Board of Mason County Commissioners Special Meeting Agenda – Leadership Breakfast Mason County Commissioners and Shelton City Council 9:00 a.m. – 11:00 a.m., November 4, 2022 The Ridge Motorsports Park 1060 W Eells Hill Road, Shelton, WA 98584 c. Opportunities to collaborate on the Comprehensive Plan Update. Kell Rowen, Community Development Director for Mason County, shared that next June funding will be received to update the Comprehensive Plan. Funds have to be applied for but are noncompetitive. Kell and Jae have been working together on the Comprehensive Plan update, assessing needs, and will combine funds to go out for outside consulting services. The Jail discussion is the perfect example of why Comprehensive Planning is important. Jae added, there is the City of Shelton’s needs and there is Mason County’s needs. Where they overlap is the focus. This overlap includes County-wide planning policies and hiring only one consultant for data acquisition. Working together will be more efficient, save money, and produce a superior product that is easily integratable. Deputy Mayor Schmit shared that this stronger partnership is advantageous. Jeff shared in a lot of communities the Comprehensive Plan is completed once every eight or ten years. Working collaboratively gives a blueprint for how the City and the County will grow in the future. Everyone is going the same direction which is incredibly important for grant opportunities, economic development results, and for a better quality of life for residents. Jae added that vision is the most important perspective when developing a Comprehensive Plan. Deputy Mayor Schmit shared that one of the number one thing that came up at the Strategic Planning Retreat with the EDC is what do we want? There is no agreement between the County, the City, the Ports, the Tribes. Kell shared growth is going to happen and the vision needs figured out. Sheriff Salisbury shared that a strategic plan allows the City and County to stay focused. City of Shelton Councilmember Kathy McDowell added that the citizens have great ideas for the City and County to tap into. Cmmr. Neatherlin shared that the Comprehensive Plan scheme was created to keep “sideboards” on by entities that may not be agreed with. There are a lot of restrictions. Mark added there is a lot to plan for such as infrastructure and coordination, but there is a lot of benefit to the communities. d. City update on annexation plans and progress. Jeff gave a broad overview on the City’s annexation plans and progress. Anything within the UGA, the City can annex. The current annexation is expanding 395 acres on the east side of Olympic College and is expected to produce about 1,200 new homes within a ten-year period. The City Council approved the 10% petition Resolution and the 60% petition Ordinance will be reviewed in February or March of 2023. Once certified, development can begin. Various other areas are being looked at as well. Jae added that if residents are seeking out City services, a no protest agreement must be signed stating that if there is an annexation they cannot fight that. Cmmr. Trask asked what the plan is for the property just logged by the Olympic College? Jeff answered for the portables at Cedar High School, safety reasons such as trees falling. Deputy Mayor Schmit is excited for the development which will be beneficial to the school district and the City. There are concerns about how the impact fees and general facilities charges are currently structured. e. Sewer capacity at the satellite treatment plant. Jeff shared that the City, over a 20-year horizon, is working on the expansion of the satellite treatment Board of Mason County Commissioners Special Meeting Agenda – Leadership Breakfast Mason County Commissioners and Shelton City Council 9:00 a.m. – 11:00 a.m., November 4, 2022 The Ridge Motorsports Park 1060 W Eells Hill Road, Shelton, WA 98584 plant next to the Port to get away from discharging into Oakland Bay. The regulations and requirements for continued discharge will not get any easier and the City wants to help the shellfish growers and tribal partners to continue to maintain their industry and interest in that particular area. This could open closed areas for shellfish eventually. The focus is to transition all of the sewer to the satellite treatment plant over time. The City is in the middle of purchasing property that will allow them to put in a large pump station that the entire City will pump to. Additional property and funding are needed. Membrane bioreactors are very expensive. The City is talking with the Port about acquiring additional property next to the existing satellite plant. It is important to have treatment capacity that is necessary for the industrial land to develop. The industrial land will produce living wage jobs for people in the community. Reclaimed water is also important, it helps tribal partners because the aquifer is replenished and stream flows increased. The spray field is located close by. A lagoon attracts birds which is not necessarily good near the airfield. This project will be submitted to State delegation around January. Water storage capacity is another priority. f. Opportunities to collaborate with the creation of Designated Crisis Responders (DCRs) efforts. Dave Windom, Public Health Director for Mason County, would like to have a DCR dedicated to responding in Mason County. That asset would have to be at the Olympic Area of Recover Services (OARS). The purpose of a DCR is to evaluate an individual for involuntary commitment. Jeff shared that the City applied for grant funding through the Association of Washington Cities. A homelessness task force convened over the summer and recommended a DCR. This funding would go towards a year -long program to gather data to see if this program would be worth funding. The City would partner with Mason Health because the DCR must be associated with a medical facility to provide service to the community. The City would partner with the County for its needs. Deputy Chief Greg Yates shared one of the biggest challenges is, once it is decided that an individual needs help, where to take them. His crews have to call Thurston County, Kitsap County, etc. Deputy Chief Yates asked if the grant will help with the housing of individuals? If Mason County had an intake facility, protocols could be written that allows EMS to provide medical clearance in the field. At this time medical clearance must be done at an emergency facility. Sometimes the individual does not meet the medical criteria to be admitted to the Emergency Room. If a DCR is not involved, often there is no place to take them. They are left on the street. This is a huge problem on multiple levels. Dave shared the DCR’s job is to evaluate an individual, not find a facility to house them. Chief Beason included that the first responders stay with that individual until a suitable place for them is found. A person in crisis who does not get proper resources ultimately ends up back in crisis. Councilmember Gutierrez added that these individuals often end up at Community Lifeline which does not have the facilities to care for them medically or psychologically. A respite shelter is needed. Mayor Onisko shared an article was written for Seattle Times in March stating that 500 beds will be added to Western State hospital, but that does not help involuntary or voluntary commitment. The telecare facility downtown was meant to be a Thurston- Mason County facility but is now State-wide. Dave added that in Pend Oreille County individuals were put in the hospital to get them out of the ER and back into clinical settings which was cost effective. $160,000 was invested in this program and it saved the hospital $660,000 in the first year. Representative Dan Griffey urges everyone to look into a designated crisis receiving facility. It would give individuals a 72 hour hold in a therapeutic setting. A mental health system needs built from Board of Mason County Commissioners Special Meeting Agenda – Leadership Breakfast Mason County Commissioners and Shelton City Council 9:00 a.m. – 11:00 a.m., November 4, 2022 The Ridge Motorsports Park 1060 W Eells Hill Road, Shelton, WA 98584 the ground up. The crisis receiving facility would help with individuals having a mental health break or substance abuse. The State has funds for construction and operation. Cmmr. Shutty wants to make sure action is targeted. DCR is a term in State statute as a specific role to get a person involuntarily committed which is a civil commitment court process. A mobile crisis team that works with law enforcement is needed to help with evaluation and provide peer support. There is also a case management component. A voluntary facility should be considered. Those are capped at 16 beds per federal law. There is a facility in Spokane that offers 16 detox beds and 16 substance abuse and mental health beds. This is one facility that shares one medical team. Capital funding is available, but a partner to be a provider is needed. Blending services may help make it sustainable. 1,100-1,500 people would need to go through the facility per year. The concern is not having 1,500 people. People may come from Thurston, Kitsap, and Grays Harbor County. What is the comfort level of bringing in all of those individuals? Olympic Health and Recovery Services (OHRS) and the Thurston-Mason Behavioral Health Administrative Service Organization (TM BHASO) should be included in the next meeting. Currently we are under the TM BHASO model which is a managed care organization, so Medicaid and insurance providers manage the majority share of funding. Our region went from about $60 million in flexible funding down to about $10 million. The only place that provides designated crisis responder services is OHRS through TM BHASO. To build programming, the models in place that are working need to be looked at. Cmmr. Neatherlin added that the economy scale is at the bottom of everything that is done. 4. Closing Comments 5. Adjourn ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ___________________________ Randy Neatherlin, Commissioner Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of November 7, 2022 Monday, November 7, 2022 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor negotiation via Zoom from 9:00 a.m. to 10:00 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Finance Committee Meeting – Lisa Frazier Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Cash balance as of September 30, 2022 is $25,256,375.27. Cash investments as of June 30, 2022 is $243,117,782.27. Market value as of September 30 is $231,897.912.39 which is a loss of $705,957.83. The 90-day T-Bill rate is 3.29% with an average of 2.56% in the State. 2022 had rate hikes. The remaining debt capacity is $203,161,663. Current outstanding debt is $20,298,909.08. • Loretta Swanson gave an update on the Skokomish River Restoration. A partnership agreement was executed with the Army Corps of Engineers. Once the contract is awarded for the construction phase, the Army Corps of Engineers will request payment for the County’s share of the project which will be a one-time lump sum payment. Once the payment is sent, a request for reimbursement will be processed through a grant from the Mason Conservation District. A short-term loan would be needed for that payment amount. Construction will likely begin in 2024 and reliant on low river flows. The County is still in the real estate acquisition phase. • Loretta shared that the Commissioners approved $1.5 million of American Rescue Plan Act funding for this project. A contract was awarded to Pape for $4.23 million. The best use of ARPA funds may be as a bridge loan. Once a full schedule is submitted by Pape, a more detailed cash flow projection can be submitted. Jennifer Beierle added that the money could be transferred as lost revenue. The remaining amount will be paid with the Public Works Board Commerce Loan. • Paddy McGuire/Cmmr. Shutty moved and seconded to approve the Mason County Debt Policy. Motion carried unanimously. • Lisa shared that US Senate Bill 4295 mandates governments to report financial information using uniform reporting categories/data standards. There are some concerns about the bil l moving forward. 10:30 A.M. Mason County Housing and Behavioral Health Board Interview Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • The Board interviewed Amanda Gonzales for the Mason County Housing and Behavioral Health Board. Approval to appoint Amanda Gonzales. 10:40 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Diane Zoren discussed the Parks and Trails Field Use Fees and recommended to use the Seattle-Tacoma-Bellevue Consumer Price Index (CPI) Urban. Rates were shown for a 5% and 7% increase. Approved to move forward with a minimum increase amount of 2% and a maximum increase amount of 5%. • Jennifer Beierle requested to order for four Police Interceptor Vehicles which will replace the cancelled order for two Police Interceptor Vehicles and two canceled Tahoe Canine Vehicles. The budget impact for the order change is an estimated $7,885. Approved to move forward. Page | 2 • Jennifer shared the preliminary list for 2022 Budget Supplemental Appropriations and Amendments. Grand total revenue changes $1,157,239 and expenditure changes $1,826,547. Approved to move forward. • Mary Ransier discussed the 1.75% general wage increase for Non-Represented employees effective January 1, 2023. Approved to move forward. • Mary shared the January 2022 through December 2025 Collective Bargaining Agreement (CBA) for Teamsters Local No. 252 and Operating Engineers Local 302 representing the Mason County Public Works Unit. Approved to move forward. • John Taylor discussed the State Homeland Security Program (SHSP) grant in the amount of $15,335 to provide a portion of funding for the Sheriff’s Office’s purchase of an unmanned remotely operated underwater vehicle to provide underwater detection, surveillance, and recovery capabilities beyond 100 feet. Approved to move forward. • Mark shared the Port of Allyn Memorandum of Agreement to encumber reclaimed water from the North Bay sewer system for approximately 880k gallons per month. This was originally briefed December 14, 2009. Approved to move forward. • Mark discussed legislative priorities. Priorities included Eells Hill tipping floor, Belfair spray field expansion, Solid Waste hazardous waste material storage building, Mason County Jail facility, elections vote and processing center, Sheriff’s Office second floor addition, and ballot sorter machine. The Sheriff’s Office is working to secure funding to recruit and retain law enforcement officers and is proposing 1/10th of 1% sales tax credit against what the State received to retain for those costs. Cmmr. Shutty suggested creating an advisory group for the Jail. • Mark requested to sign the preliminary design contract for Building 10 with Helix Design Group. The interior needs finished to relocate District Court. Approved to move forward. • Cmmr. Shutty shared a request from Community Lifeline for funding to operate 24/7. Mark reached out to the City to discuss options on supporting. Cmmr. Neatherlin would like the City to pay at least 50%. 11:10 A.M. Public Health – Dave Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dave discussed the amendment to the contract with Crossroads Housing for an additional $530k and to extend the contract through June 30, 2023. Approved to move forward. • Dave discussed the amendment to the contract with Shelton Family Center for an additional $178,295 and to extend the contract through June 30, 2023. Approved to move forward. 11:15 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Richard Dickinson requested a special market purchase of two Kalmar Ottawa yard tractors that will be more effective than the old yard tractors with the increase of solid waste. The remaining balance, after the use of American Rescue Plan Act (ARPA) funds, is $41,090.66 to be funded out of the Solid Waste 2022 budget. Approved to move forward. • Richard brought forward the 2023 solid waste rate increases news release which will increase solid waste rates by 9% beginning January 1, 2023. Approved to move forward. • Richard discussed the 2023 water and sewer system rate increases for North Bay, Rust lewood, and Beards Cove news release which will increase water and sewer system rates by 9.1%. Loretta added that implementing a rate increase takes about six months. Cmmr. Shutty shared that there needs to be parity between all utilities. Tabled for further discussion. • Mike Collins gave an update on Mason Lake Road and Kamilche Point. • Justin Phelps discussed the VRB installation at Rustlewood which has provided residents the cleanest water to date. The installation requires a flushing schedule and necessary testing. Bacterial level was good following the installation. There were incidents last week due to a Page | 3 loss of power at the UV disinfection site. Treated water was not disinfected and classified as a spill of an assumed 10k gallons. 11:25 A.M. Superior Court – Judge Goodell Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Judge Goodell requested to increase the Superior Court Commissioner from a 37 hour work week to a 40 hour work week. Approved to move forward. BUDGET WORKSHOP • The $1,080,000 levy shift from the Treasurer’s revenue to Roads. • Beginning fund balance will be changed from $23 million to $26 million for Current Expense. 2023 budgeted revenue $42,468,011; with the beginning fund balance $65,468,011. The Prosecutor’s Teamsters Collective Bargaining Agreement (CBA) was added for an additional $6,635; Current Expense addition is $5,806. There is a $829 difference in the Crime Victims Fund. Salaries and Benefits $31,462,668; Operating $14,959,012; Ending Fund Balance $19,046,331; and $3,953,669 is being used from the Ending Fund Balance. Per the Fund Balance Policy, the County can be over by $5,426,000. The Sheriff’s Office vehicle Policy Level Request (PLR) was updated to $194k to reflect cost increases. There is a $4 million shortfall. Jail medical costs can be done as an amendment to the 2023 budget since the City of Shelton is still negotiating costs with Nisqually. Medical contributions in the General Fund are increasing by $257,100 and in Special Funds $179,050. Special Fund Beginning Balance $48,218,034; incoming Revenue $60,238,591; total Revenue $108,456,625; Salaries and Benefits $14,198,086; Operating $94,258,539 which includes Ending Fund Balance of $28,636,065; Expenditures $108,465,625. Budget is balanced for revenues and expenditures. Total estimated budget $173,924,636 before adding any unapproved PLRs. Open items in Special Funds include Sales & Use Tax Fund $20k request from the Port of Grapeview. $62k was transferred into Rustlewood from Real Estate Excise Tax (REET) 2. Funds 429 and 480 are not included in the budget. Equipment Rental and Revolving (ER&R) Rates have been moved to a three-year period and are $2,339,088. Roads ER&R $2,233,569; Solid Waste ER&R $52,703; and Utilities ER&R $52,816. Utilities are broken down into North Bay $29,049; Rustlewood Sewer and Water $4,489 each; Beards Cove $3,967; and Belfair Sewer $11,092. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of November 21, 2022 Monday, November 21, 2022 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor negotiation via Zoom from 9:00 a.m. to 10:00 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Executive Session – RCW 42.30.110(1)(b) Real Estate Commissioners Neatherlin, Shutty, and Trask met in executive session for real estate via Zoom from 10:00 a.m. to 10:25 a.m. Mark Neary, Diane Zoren, and Kelly Frazier were also in attendance. 10:20 A.M. 2023 Budget Review – Jennifer Beierle Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Beginning Fund Balance $26 million; Revenues $42,468,011; Salaries and Benefits $31,563,986; Operating $14,962,012; Expenditures $46,525,998 ; and estimated Ending Fund Balance $21,942,013. Total cash from Ending Fund Balance $4,057,987. • Changes include: $20,990 added to Commissioner’s Office - $3k for travel and $17,990 for State Retirement estimating Expenditures at $390,615; Treasurer’s Revenue for General Fund Property Tax will need to be changed; $31,942 increase to Current Expense; $142,345 increase to Roads; $83,229 increase to Salaries and Benefits due to Non-Union 1.75% General Wage increase; $50,233 increase in Special Funds for a total of $133,562; estimated increase of $146k to Sheriff’s Office Jail medical for a total of $682,300. • Special Fund estimated Beginning Fund Balance $48,220,136; Revenue $109,334,394; Salaries and Benefits $14,248,326; Operating $95,086,068; and Expenditures $109,334,394. • Total General Fund and Special Fund Revenue $177,802,405; Salaries and Benefits $45,812,312; Operating $131,990,093; and Expenditures $177,802,405. • Island Lake Management District has not renewed their levy for 2023. Diane Zoren added that their 10-year term was finished in 2022. • $1,080,000 levy shift back into Roads. • Mike Collins shared a list of available options for the levy shift funds. $1 million would cover: 12,500 tons of HMA materials which would cover about 8 miles of road pavement; or 20 miles of chip seal; or 35 shoulder miles of paved shoulder; or $62 million dollars of bridge repair and replacement; or 3,500 cross culverts (8 culverts); or trails slide; or new roads; or gravel roads. Priority would be to maintain existing roads. • A $500k grant was received from the Department of Commerce for the Belfair Sewer. • Total Full-Time Employees (FTEs) is 404.01; 9 positions were gained in 2022. • Open Policy Level Requests (PLRs) - Auditor’s Office: 1 FTE Public Records $74,035. Denied. N-no, S-no, T-no. - Human Resources: 1 FTE HR Analyst $91,003. Approved. N-yes, S-yes, T-yes. - District Court: 1 FTE Deputy Administrator $115,915. Denied. N-no, S-no, T-no. - Coroner’s Office: 1 FTE Deputy Coroner $74,476. Approved. N-yes, S-yes, T-yes. - Sheriff’s Office: 4 FTE Sheriff Deputies $97,698 each plus a vehicle for each deputy at $48,500 each. 2 FTE positions with vehicles approved. N-yes, S-yes, T-yes. - Total for FTEs $449,875 with removal of $8k for Coroner’s Extra-Help. Total funded from the Ending Fund Balance is $4,057,987. Page | 2 11:05 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • TJ Cannon discussed the fiber optic upgrade and requested to advertise a request for bids. Approved to move forward. • TJ shared the agreement with SpyGlass for auditing County cell phone and landline ph one bills. Approved to move forward. • Jennifer Beierle discussed the proposed amendments to the 2022 budget. General Fund revenue increase $720,928 and expenditure increase $1,518,264. Other Funds revenue increase $2,370,865 and expenditure increase $2,779,663. Total revenue increase $3,091,793 and expenditure increase $4,297,927. Changes since last week include: $20 k expenditure increase in Facilities & Grounds - $10k for fuel and $10k for janitorial supplies; $10k expenditure increase in Commissioners for unbudgeted benefits; $38k expenditure increase in Support Services for succession planning of County Administrator position; $34,100 expenditure increase in Parks & Trails for purchase of gooseneck equipment trailer $15,100, increased fuel costs $10k, increased dump truck costs $7k, and Sani Can rental $2k; $3k expenditure increase for fuel costs; $210,813 in Sheriff’s Office for vehicle upfits $1480,813 and increased fuel $70k; $7,500 expenditure increase in Superior Court for Court Commissioner; $251,067 expenditure increase in Non-Departmental for property insurance $249,067 and video recorded meetings $2k; $1.3 million revenue and expenditure increase in Community Support Services for HEN grant award; and $12k expenditure increase in Landfill for Solid Waste Attendant II position. Approved to move forward. • Jennifer shared the October 2022 financials. General Fund revenue $39,578,817 at 97%; last year $38,003,269 at 96%. Treasurer Department $28,328,650 at 105%; last year $26,280,510 at 100%. Current Expense expenditure $35,095,388 at 80%; last year $32,421,692 at 79%. 6- Year Specific Revenue Streams comparison: Community Development Revenue $2,121,960; Detention & Correction Service $93,084; Current Expense Property Taxes $10,369,582; Road Diversion $981,127; County Road $8,397,149; Current Expense $7,612,898; Criminal Justice $1,454,036; Rural Sales & Use Tax $912,101; Homelessness Prevention $606,152; Lodging Tax $845,088; REET 1 & 2 $1,658,119. Total collected sales tax $7,612,897.84; budgeted at $7.2 million; projected $9,085,592.31; and collected year to date through October $874,640.36. Current Expense cash $27,591,130. Special Fund cash balance $57,248,060. Motor pool 76.01%. • Becky Rogers shared the Mason County Civil Service Commission Vacancy news release. Current member wants reappointed. Approved to move forward. • Mark discussed the Fire District No. 11 Emergency Medical Services contract for the Public Works facility for the annual amount of $6,400 and changed to a two-year contract. Approved to move forward. • Mark shared the fund request from Community Lifeline to open their shelter 2 4/7 from November through May. The City of Shelton is willing to fund $20k. Table for further discussion. • Cmmr. Shutty shared a Thanksgiving Day proclamation. Approved to move forward. • Mark discussed the Port of Grapeview’s request for .09 Funds. Cmmr. Neatherlin wants to open the process to all. 11:35 A.M. Public Health – David Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Dave discussed the response from the Request for Proposals for the completion of data for the Squaxin Island Tribe and Mason County Memorandum of Agreement from Mott MacDonald. Approved to move forward. • Melissa Casey shared the application received from Amber Carlson for the Housing and Behavioral Health Board. Applicant is in the wrong district. Tabled. Page | 3 • Melissa discussed the increased caseload due to Tuberculosis cases. 11:45 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Mike Collins shared the County Road Administration Board (CRAB) Rural Arterial Trust Account (RATA) project prospectus for Bear Creek Dewatto. Authorized RATA funds are $594k with a County match of $86k. Approved to move forward. • Loretta added that, regarding the 9.1% increase to water and sewer rates, it was built into the Public Work’s budget assumptions. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of November 28, 2022 Monday, November 28, 2022 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor negotiation via Zoom from 9:00 a.m. to 10:00 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Public Defense – Peter Jones Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Peter shared the yearly grant from the Office of Public Defense. Approved to move forward. 10:05 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Jennifer Beierle shared a request to purchase a Terradyne armored vehicle for the Mason County Sheriff’s Office using American Rescue Plan Act (ARPA) funds a procured through a sole-source purchase. This vehicle would not be ready until 2023. The proposal is to add into the 2023 budget $61,500 to come out of the General Fund. Chief Adams shared “BearCat” was used as a placeholder term. Approved to move forward. • Mary Ransier requested to add two certifications to the approved list in the Career Incentive Policy 5.13. 1) RIMS-CRMP: Risk Management Society Certified Risk Management Professional and 2) AICP: American Institute of Certified Planners. Budget impact is $5,000 annually upon completion for RIMS-CRMP and $5,000 immediately annually. Board will define limits and amounts. Table for further discussion. • Mary shared the draft Personnel Policy updates. Addition, removal, reorganization, and updated language to ensure best practices are incorporated. Specific updates to Policy 3.1 – recruiting to comply with RCW 49.58.110 and to include information about compensation and benefits. Addition of Policy 8.2 Workplace Safety. Approved to move forward. • Mary discussed the Human Resources 2023 strategic plan. Goals include total reward and benefits, recruitment and hiring, diversity and inclusion, learning and development, systems, engagement and well-being, HR team development, and legal compliance. • Mark shared the 2022-2023 Comprehensive Economic Development Strategy (CEDS) project list to include the $20k request from the Port of Gr apeview to support operations and maintenance of the Port’s boat launch, restrooms, and dock. Approved to move forward. 10:30 A.M. Community Development – Kell Rowen Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Michael MacSems shared the annual Heritage Grant cycle news release. Approved to move forward. • Michael requested final approval for the Olympic Ridge plat, a 145 -lot subdivision in Belfair. The preliminary plat approval was done December 2020. Typically, all details are finished for final approval; however, some infrastructure details are not completed yet such as the water system. The Fire Marshall has fully clarified. The proposal is for final approval when bonded. Cmmr. Neatherlin wants the project done appropriately and to see final determination from the school districts. Cmmr. Shutty asked what the requirement was for Lakeland Village and wants a consistent approach. Kell Rowen added that her and Loretta Swanson felt that it was appropriate to bond for final plat. Cmmr. Trask asked for a formal process to be written up. Table for further discussion. Page | 2 10:40 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Richard Dickinson shared the amendment to the Parametrix post monitoring and on-call services to continue sampling for 2023 which is required by the Department of Ecology in the amount of $29,507.08. Approved to move forward. • Justin Phelps gave an update on the membrane replacement at the Belfair facility and shared a PowerPoint presentation. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of December 5, 2022 Monday, December 5, 2022 9:00 A.M. Special Meeting Public Hearing to Adopt the 2023 Budget for Mason County 9:30 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor negotiation via Zoom from 9:30 a.m. to 10:00 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Executive Session – RCW 42.30.110 (1)(i) Litigation Commissioners Neatherlin, Shutty, and Trask met in executive session for litigation via Zoom from 10:00 a.m. to 10:45 a.m. Tim Whitehead, Mark Neary, Dave Windom, and Kell Rowen were also in attendance. 10:45 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Jennifer Beierle requested to delete Department 258 Murder Expenditures paid for by the General Fund and Department 305 Motor Pool paid for by Facilities and to merge Fund 429 Beards Cover Reserve into Fund 412 Beards Cove and Fund 480 Storm Drain System Development into Fund 105 County Road. This was previously approved by the Audit Committee. Approved to move forward. • Jennifer discussed amending the contract with the Washington State Conservation Commission for the Voluntary Stewardship Program (VSP) and having the County Administrator sign for the addition of $50,405. Approved to move forward. • Mary Ransier requested to add the American Institute of Certified Planners (AICP) to the approved list under the Career Incentive Policy. This policy attempts to identify key licenses and certifications that are cost saving and beneficial to the County. Budget impact is $5k. This was originally briefed on November 28. Approved to move forward. • Mary discussed moving the Therapeutic Courts Program Manager from salary range 25 to salary range 27. A market analysis showed that essential functions for this position were not captured. Approved to move forward. • Diane Zoren shared a request from Lewis County asking for the concurrence of reappointing Brian Zylstra to the Timberland Regional Library Board of Trustees. Approved to move forward. • Diane shared the Noxious Weed Control Board position openings news release. Approved to move forward. • Mark shared that he is moving forward with the offer on a property purchase and is waiting on a response from the sellers. The expected closing date is February 15. • Mark discussed the request from the Department of Corrections (DOC) to lease around 15 forested acres around the Mission Creek Correctional Facility to use as a buffer. Department of Natural Resources (DNR) is preparing to harvest over 100 acres of timber in that area. 75% of the proceeds comes back to Mason County to go towards schools, roads, fire districts, etc. DOC submitted a request to the Governor to pay $27k per year to lease the buffered area. Tabled for further discussion. • Mark shared the request from Community Lifeline for funding for a 24/7 cold weather shelter. The City of Shelton will contribute $20k and the County would contribute $34,789.84. Approved to move forward. Page | 2 • Cmmr. Trask asked residents to visit and challenge the drafted National Broadband Map on the www.fcc.gov website to ensure Mason County is accurately represented and a high priority for broadband. • Cmmr. Shutty shared that political signs need to be taken down. 11:20 A.M. Public Health – Dave Windom Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Melissa Casey shared the acceptance letter for Mason County Community Services to receive funding for the Women, Infants, and Children (WIC) program. Partners include Mason Health and the Shelton YMCA. Approved to move forward. • Casey Bingham requested to move a Full-Time Temporary Account Technician Position to Permanent Full-Time to be paid for by Foundational Public Health Services (FPHS) funding. Approved to move forward. • Dave discussed the Tuberculosis press release that was shared on Friday, December 2. There are five individual active cases of Tuberculosis in Mason County. 11:30 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Loretta Swanson shared the 1st draft of the latecomer’s agreement with Harbor Custom Development for installation of a public sanitary sewer line. The total eligible construction costs for the project is $1.312 million with a pro-rata share of $430.35 per ERU. The term of the agreement is 20 years. One ERU is defined as standard water consumption of 155 gallons per day. Approved to move forward. • Richard Dickinson discussed the Mason County water/sewer utility annual rate increase at 5%. The new 2023 monthly rates are as follows: Belfair $96; Rustlewood sewer $118.14 and water $44.32; Beards Cove $44.32; and North Bay Case Inlet $124.86. Approved to move forward. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Page | 1 BOARD OF MASON COUNTY COMMISSIONERS’ BRIEFING MINUTES Mason County Commission Chambers, 411 North 5th Street, Shelton, WA Week of December 12, 2022 Monday, December 12, 2022 9:00 A.M. Closed Session – RCW 42.30.140(4) Labor Discussion Commissioners Neatherlin, Shutty, and Trask met in closed session for labor negotiation via Zoom from 9:00 a.m. to 10:00 a.m. Mark Neary, Mary Ransier, Nichole Wilston, Cabot Dow, and Lindsey Smith were also in attendance. 10:00 A.M. Support Services – Mark Neary Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Diane Zoren shared the 2022 Boards, Councils, and Commissions list. Cmmr. Shutty shared the request from the Economic Development Council to do two-year cycles and asked to remove the Transmission Corridor Working Group . Cmmr. Trask shared that the Memorial Hall Committee is now meeting quarterly. Approved to move forward. • Diane discussed Chair for 2023. Cmmr. Trask will become Chair and Cmmr. Neatherlin will become Vice-Chair. Approved to move forward. • Diane shared the four open positions on the Lewis-Mason-Thurston Area Agency on Aging (LMTAAA) advisory council. Tamra Ingwaldson requested to be reappointed leaving three vacant positions. Approved to move forward. • Jennifer Beierle shared the November 2022 financial report. Current Expense revenue $42,820,040 at 105%; last year $41,228,818 at 104%. Treasurer Department Receipt $30,759,863 at 114%; last year $28,409,502 at 108%. Current Expense expenditure $37,045,746 at 84%; last year $35,681,349 at 87%. Six-Year Specific Revenue Streams: Community Development $2,307,338; Detention & Correction $99,100; Current Expense Property Tax $11,237,809; Road Diversion $1,066,408; County Road $9,119,233; Current Expense $8,546,706; Criminal Justice $1,849,489; Rural Sales & Use %1,022,690; Homelessness Prevention $649,908; Lodging Tax $943,695; REET 1 & 2 $1,758,274. Total collected revenue $8,546,706.49; projected $9,270,165.28; budgeted $7.2 million. Current Expense cash $27,550,963. Special Fund cash $55,997,704. Motor Pool Expenditure $1,528,754 at 101.59%; last year $1,260,664 at 94.16%. Special and Other Funds revenue $56,239,744 at 70%; last year $54,532,445 at 95%. Special and Other Funds expenditure $41,767,459 at 48%; last year $43,172,056 at 64%. • Jennifer discussed the annual subrecipient agreement with Community Action Council of Lewis, Mason, and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant (CDBG). Approved to move forward. • Mary Ransier shared the addition of the continuous service definition to page 2 of Personnel Policy to read “the most recent period of County employment unbroken by periods of unauthorized absence, separation of employment due to discharge, resignation, retirement, or other reason where employment relationship has ceased, or periods of layoff twelve (12) months or longer”. Approved to move forward. • Mary discussed the lead pay annual review for Todd Cunningham. Approved to move forward. • Mark discussed the Department of Natural Resources (DNR) plan to harvest over 100 acres of timber trust land surrounding the Mission Creek Correctional facility. DNR wants to move forward with logging for district success. A comment was received from Ken VanBuskirk, Cemetery District board member, requesting to harvest. Cmmr. Neatherlin reached out to the surrounding community and received no push back to not log. App roved to move forward. Page | 2 10:30 A.M. Community Development – Kell Rowen Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Marissa Watson shared the request from NW Green Construction INC. to rezone two parcels, 12217-24-50030 & 12217-24-50040, from Rural Residential 10 to Rural Residential 5. The Planning Advisory Commission (PAC) reviewed this request at the November 21, 2022 meeting, listened to public comment and unanimously recommended approval of the request to the Board. Cmmr. Neatherlin asked about a requested buffer? The owner is okay with putting a buffer but the PAC did not base their approval on adding a buffer as the residential code does not require buffer. Approved to move forward. 10:40 A.M. Public Works – Loretta Swanson Utilities & Waste Management Commissioners Neatherlin, Shutty, and Trask were in attendance via Zoom. • Loretta discussed the 2023 annual utility rate increase for North Bay, Rustlewood, Beards Cove, and Belfair. The Commissioner’s agreed on a 5% increase for all and requested to review for 2024. 10:55 A.M. Executive Session – RCW 42.30.110(1)(g) County Administrator Performance Review Commissioners Neatherlin, Shutty, and Trask met in executive session for County Administrator performance review via Zoom from 10:55 a.m. to 12:34 a.m. Mark Neary was also in attendance. Respectfully submitted, McKenzie Smith, Clerk of the Board BOARD OF MASON COUNTY COMMISSIONERS ______________________ Kevin Shutty Chair _______________________ Sharon Trask Vice-Chair _______________________ Randy Neatherlin Commission Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 November 8, 2022 1. Call to Order – The Chairperson called the regular meeting to order at 9:00 a.m. 2. Pledge of Allegiance – Chief Dracobly led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in a liquor license with endorsements approval letter for Tuggs and Chuggs. 4.1.2 Squaxin Island Tribe sent in a response to the September 27, 2022 comment letter to the U.S. Environmental Protection Agency. 4.2 Cmmr. Shutty read the Operation Green Light proclamation. 4.3 Richard Dickinson read the 2023 Solid Waste Rate Increases news release. 5. Open Forum for Citizen Input April Pooler shared the Mason County Homeless Veterans Stand Down at Memorial Hall on November 17, 2022 from 9 a.m. to noon at Memorial Hall. More information is available on the Mason County Veterans website at https://masoncountyveterans.com/. Items needed include rain gear, warm blankets, instant soups, and Walmart gift cards. Memorial Hall is open Tuesday- Wednesday from 9 a.m. to 2 p.m. and Thursday 9 a.m. to noon. 6. Adoption of Agenda Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr. Neatherlin/Trask moved and seconded to adopt the March 1, 2022 and April 5, 2022 Belfair Sewer Public Hearing Minutes; October 11, 2022 and October 25, 2022 Regular Meeting Minutes; October 17, 2022 and October 24, 2022 Briefing Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8091282-8091606 $ 3,892,497.25 Direct Deposit Fund Warrant # 91214-91609 $ 795,431.38 Salary Clearing Fund Warrant # 7006972-7006994 $ 520,431.88 Treasurer Electronic Remittance $ 166,901.74 8.2 Approval for the Mason County Board of Equalization (BOE) to hear completed and timely filed appeals for the 2022 assessment year. 8.3 Approval of the Resolution establishing the load/lane limits for traffic control on six Mason County bridges. (Exhibit A, Resolution No. 2022-074) 2 | N o v e m b e r 8 , 2 0 2 2 C o m m i s s i o n M i n u t e s 8.4 Approval to advertise and fill a non-represented Chief Deputy Assessor position in the Assessor’s Office. 8.5 Approval to set a Public Hearing for Tuesday, December 20, 2022 at 9:15 a.m. to review and approve zoning code amendments to Mason County Code Title 17 and Title 8.52. 8.6 Approval of the Resolution amending the Mason County Public Health and Human Services 2023 Environmental Health Fee Schedule. 8.7 Approval of the Professional Services Contract with Bridgeview Consulting, LLC to complete the update of the County’s Multi-Jurisdictional Hazard Mitigation Plan in the amount of $80,750 for a performance period of November 8, 2022 through April 3, 2024. 8.8 Approval to appoint Blair Schirman to the Transportation Improvement Program Citizens Advisory Panel (TIP-CAP) to represent Commissioner District 3 – Shelton Urban Growth Area (UGA) or City for a two-year term ending November 8, 2024. 8.9 Approval of the Resolution amending the Mason County Code for departments reporting to the Commissioners. (Exhibit B, Resolution No. 2022-073) 8.10 Approval of the Community Development Block Grant (CDBG) for the Evergreen Estates watermain extension project; for Public Works to advertise, set a bid date and time, and award contract; for Public Works to procure engineering/architect consultant services for the project and enter into contract(s); and for the County Engineer and/or Chair to sign all pertinent documents for the grant and project. 8.11 Approval of the January 2022 through December 2025 Collective Bargaining Agreement (CBA) for Teamsters Local No. 252 and Operating Engineers Local 302 representing Mason County Public Works Unit. 8.12 Approval of the Resolution updating the Non-Represented salary scale to reflect a 1.75% general wage increase effective January 1, 2023. (Exhibit C, Resolution No. 2022-075) 8.13 Approval to subcontract additional funds in the amount of $530,000 to Crossroads Housing for the creation of a permanent eviction prevention rental assistance program from November 1, 2022 through June 30, 2023. 8.14 Approval to subcontract additional funds in the amount of $178,295 to Shelton Family Center for the purpose of assisting people experiencing homelessness to obtain and maintain housing stability from November 1, 2022 through June 30, 2023. 8.15 Approval to increase the Superior Court Commissioner’s contract from 37 hours per week to a Full- Time-Employee (FTE) at 40 hours per week. 8.16 Approval for the Chair to sign the Memorandum of Agreement with the Port of Allyn to codify the letter between Mason County and the Port of Allyn concerning the mitigation of any negative hydraulic impact to Sherwood Creek. 8.17 Approval to place the order for four Police Interceptor Utility vehicles to replace two canceled Police Interceptor Utility vehicles and two canceled Tahoe Canine vehicles and update the 2023 Sheriff’s Office Motor Pool vehicle rates. 8.18 Approval to appoint Amanda Gonzales to the Mason County Housing and Behavioral Health Advisory Board for a four-year term expiring November 8, 2026. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.18. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 3 | N o v e m b e r 8 , 2 0 2 2 C o m m i s s i o n M i n u t e s No Public Hearings set for this time. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:37 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 November 22, 2022 1. Call to Order – The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance – Mark Neary led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 Washington State Liquor and Cannabis Board sent in the following: notice of cannabis license application for Green State Indoor, Inc.; Washington State Liquor Control Board notice to licensees on firearms; notice of cannabis license approval for 4Front, LLC; liquor and cannabis license renewal general information; notice of liquor license discontinuation for Cameo Boutique; and notice of liquor license approval for IL Canale LLC. 4.1.2 Mason County Public Utility District No. 3 sent in a Public Hearing notification for pole attachment rate increases. 4.1.3 Mason County Public Hospital District No. 2 sent in their 2023 levy certification. 4.1.4 Port of Dewatto sent in their 2023 Budget resolution. 4.1.5 Mason County Fire Protection District No. 12 sent in their 2023 Budget certification and ordinance/resolution. 4.2 Becky Rogers read the Mason County Civil Service Commission Vacancy news release. 4.3 Cmmr. Shutty read the Thanksgiving Day proclamation. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Neatherlin/Trask moved and seconded to adopt the agenda as published. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr. Trask/Neatherlin moved and seconded to adopt the April 6, 2022 Courthouse Briefing Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8091749-8091996 $ 718,098.30 Direct Deposit Fund Warrant # 91610-92014 $ 780,583.30 Salary Clearing Fund Warrant # 7006995-7007028 $ 1,039,793.03 Treasurer Electronic Remittance $ 166,901.74 8.2 Approval for the County Administrator to sign the contract awarding funding from the .09 Rural County Sales & Use Tax Fund No. 103 in the amount of $20,000 to the Port of Grapeview. 2 | N o v e m b e r 2 2 , 2 0 2 2 C o m m i s s i o n M i n u t e s 8.3 Approval of the State Homeland Security Program (SHSP) FY-22 Grant Contract # E23-098 for $15,335 from the Washington State Military Department (EMD) and US Department of Homeland Security for a performance period of September 1, 2022 through October 31, 2024. 8.4 Approval for Public Works to trade in the County's 2000 T-4 and 2005 T-5 yard tractor for the purchase of two Kalmar Ottawa T2 Yard Tractors as special market value purchase from RWC International LTD for$278,920.63. (Exhibit A, Resolution No. 2022-078) 8.5 Approval to set a Public Hearing for Tuesday, December 20, 2022 at 9:15 a.m. to consider the approval of the supplemental budget requests and budget transfers to the 2022 budget. 8.6 Approval to amend Resolution 10-09 Fees and Charges Policy for Mason County Parks and Trails Department to implement an annual adjustment beginning January 2023 using the Seattle-Tacoma- Belleville CPI-U (Consumer Price Index – Urban) August to August with a minimum annual increase of 2% and a maximum annual increase of 5% and to add this policy to the Mason County Code. Approval to amend Resolution 2021-080 establishing the 2023 Field Rental Rates for the Mason County Parks & Trails Department. The rates are increased 5%. (Exhibit B, Resolution No. 2022-077 & Exhibit C, Resolution No. 2022-078) 8.7 Approval of the contract with Mason County Fire District No. 11 for fire protection, emergency medical, inspections, and fire suppression services for Mason County Public Work’s property and buildings located at 100 W Public Works Drive in Shelton for a term of January 1, 2023 through December 31, 2024 for an annual cost of $6,400. 8.8 Approval to set a Public Hearing for Tuesday, December 20, 2022 at 9:15 a.m. to consider approval of the supplemental budget requests and budget transfers to the 2022 budget. 8.9 Approval to accept the proposal from and development of a contract with Mott MacDonald Company regarding the completion of the data portion for the Squaxin Island Tribe and Mason County Memorandum of Agreement. Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.9 with the removal of item 8.2 for discussion and separate vote and the removal of item 8.8. Motion carried unanimously. N-aye; S-aye; T-aye. Item 8.2 Mark Neary shared the request from the Port of Grapeview for $20k from .09 Funds to support operations and maintenance of the port boat launch, restroom areas, and boat dock. The Economic Development Council (EDC) added this item to their list. This has gone out for comment and the comment period is now closed. Diane Zoren shared that the Comprehensive Economic Development Strategy (CEDS) List Resolution will need to be revised. Cmmr. Neatherlin/Trask moved and seconded to table item 8.2 until the December 6, 2022 Commission meeting. Motion carried unanimously. N-aye; S-aye; T-aye. Item 8.8 Item 8.8 died due to lack of motion. 9. Other Business (Department Heads and Elected Officials) No other business. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Public Hearing to approve the Ordinance establishing a 25-mile-per-hour speed limit on California Road from milepost 0.000 to milepost 1.300. Staff: Mike Collins (Exhibit D, Resolution No. 2022- 3 | N o v e m b e r 2 2 , 2 0 2 2 C o m m i s s i o n M i n u t e s 070) Mike shared with the chip seal conversion program converting gravel roads, California Road converted from milepost 0.000 to milepost 1.300. With surface improvement, a traffic investigation was done and recommend 25 mile-per-hour speed limit and to remove this road from the primitive road list. Cmmr. Trask/Neatherlin moved and seconded to approve the Ordinance establishing a 25-mile- per-hour speed limit on California Road from milepost 0.000 to milepost 1.300. Motion carried unanimously. N-aye; S-aye; T-aye. 10.2 Public Hearing to approve the Ordinance establishing a 25-mile-per-hour speed limit on Sunnyside Road from milepost 0.000 to milepost 3.450. Staff: Mike Collins (Exhibit E, Resolution No. 2022- 071) Mike shared with the gravel conversion to chip seal program, Sunnyside Road was converted from milepost 0.000 to milepost 3.450. The traffic investigation study recommends a 25 mile-per-hour speed limit and to remove this road from the primitive road list. Cmmr. Trask/Neatherlin moved and seconded to approve the Ordinance establishing a 25-mile- per-hour speed limit on Sunnyside Road from milepost 0.000 to milepost 3.450. Motion carried unanimously. N-aye; S-aye; T-aye. 10.3 Public Hearing to certify to the County Assessor the amount of taxes levied for County purposes and the amount of taxes levied for Current Expense and Road for 2023; an increase to the Current Expense and Road property tax levies for 2023 may be considered. Staff: Jennifer Beierle (Exhibit F, Resolution No. 2022-080 & Exhibit G, Resolution No. 2022-081) Jennifer shared pursuant to RCW 84.52.070 it is the duty of the County Commissioners on or before 15th day of December in each year to certify to the County Assessor the amount of taxes levied upon the property in the County for County purposes, and on or before the first Monday in December the respective amounts of taxes levied by the Board for each taxing district for district purposes. This law was changed in 2021, it previously due November 30. There was a change to the documents online. Current Expense property tax levies, the word “approximately” was added in front of the current bank capacity reserved for the year 2023. It is approximately $320,675.55. Current expense levy fund amount $10,389,178.78. Mental health fund is $224,165.48. Veterans Assistance fund is $142,564.18. Refund levy $212.23. Overall amount for Current Expense for 2023 estimate is $10,756,117.67. The requested motion is to move to increase the 2023 Current Expense Property Tax levy by 0%, bank excess capacity, and set the Levy at $10,756,117.67. At this time there is no motion for the Road Levy due to a change to the Resolutions. The second requested action is to move to adopt the 2023 Current Expense and Road Property Tax Levy Resolutions and continue the hearing to the December 6, 2022 Commission meeting at 9:15 a.m. to adopt the resolution certifying to the County Assessor the property tax levies for collection in 2023. Cmmr. Neatherlin/ moved and seconded to approve to increase the 2023 Current Expense Property Tax levy by 0%, bank excess capacity, and set the levy at $10,756,117.67. Motion carried unanimously. N-aye; S-aye; T-aye. Cmmr. Neatherlin shared that the County is not raising taxes, however it does accept taxes from the schools, ports, etc. A majority of the time that he has been Commissioner, these taxes have not increased. This Commission works had to not have to increase taxes. 4 | N o v e m b e r 2 2 , 2 0 2 2 C o m m i s s i o n M i n u t e s Cmmr. Neatherlin/Trask moved and seconded to adopt the 2023 Current Expense Property Tax Levy Resolutions and continue the Public Hearing to Tuesday, December 6, 2022 at 9:15 a.m. to adopt the Road Property Tax Levy Resolutions and the Resolution certifying to the County Assessor the property tax levies for collection in 2023. Motion carried unanimously. N-aye; S- aye; T-aye. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:40 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 December 6, 2022 1. Call to Order – The Chairperson called the regular meeting to order at 9:01 a.m. 2. Pledge of Allegiance – Leo Kim led the flag salute. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Correspondence and Organizational Business 4.1 Correspondence 4.1.1 2023 Levy and Budget documentation was received from: Mason County Fire District No. 5, 6, 11, and 16; the Port of Grapeview; and the Port of Allyn. 4.1.2 Educational Service District 113 sent in the 2023 Tax Certifications for Collections for the Shelton School District and Certification of Excess Levies for Southside, Grapeview, Mary M. Knight, Pioneer, Hood Canal, McCleary, and Elma School Districts. 4.1.3 U.S. Fish and Wildlife announced the availability of the draft recovery plan for Taylor’s Checkerspot Butterfly. 4.2 Michael MacSems read the 2023 Heritage Grant Cycle news release. 4.3 Cheryl Heywood, Executive Director at Timberland Regional Library, gave the Timberland Regional Library Fall 2022 updates. 5. Open Forum for Citizen Input No citizen input. 6. Adoption of Agenda Cmmr. Trask/Neatherlin moved and seconded to adopt the agenda as written. Motion carried unanimously. N-aye; S-aye; T-aye. 7. Approval of Minutes Cmmr. Neatherlin/Trask moved and seconded to approve the October 12, 18, 19, and 31, 2022 Budget Minutes and October 31, 2022 Briefing Minutes as presented. Motion carried unanimously. N-aye; S-aye; T-aye. 8. Approval of Action Agenda 8.1 Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8091997-8092483 $ 1,418,196.47 Direct Deposit Fund Warrant # 92015-92411 $ 820,547.89 Salary Clearing Fund Warrant # 7007029-7007051 $ 540,332.70 Treasurer Electronic Remittance $ 166,901.74 8.2 Approval for Information Technology (IT) to advertise a request for bids for performing the construction of the downtown campus fiber optic upgrade project and to set a bid date and time. 8.3 Approval for the County Administrator to sign the agreement with SpyGlass Group, LLC to audit the County’s landline and cell phone bills. 2 | D e c e m b e r 6 , 2 0 2 2 C o m m i s s i o n M i n u t e s 8.4 Approval for the Chair to execute the County Road Administration Board (CRAB) Rural Arterial Program (RAP) Project Prospectus contract for the Bear Creek Dewatto Road improvements from milepost 0.430 to milepost 1.020. 8.5 Approval of the Resolution amending the 2022-2023 Comprehensive Economic Development Strategy (CEDS) project list to include a request for $20,000 from the Port of Grapeview to support operations and maintenance of the Port’s boat launch, restroom areas, and boat dock. (Exhibit A, Resolution No. 2022-085) 8.6 Approval for the County Administrator to sign the contract awarding funding from the .09 Rural County Sales & Use Tax Fund No. 103 in the amount of $20,000 to the Port of Grapeview to support operations and maintenance of the Port’s boat launch, restroom areas, and boat dock. 8.7 Approval for the Chief Public Defender to sign the 2023 Office of Public Defense grant in the amount of $64,058 for the period of January 1, 2023 through December 31, 2023. 8.8 Approval for the Chair to execute Amendment No. 1 of the agreement with Parametrix for further post-closure monitoring and on-call services for the Mason County Eells Hill Landfill for the maximum payable amount of $29,507.08. 8.9 Approval to purchase a Terradyne Armored Vehicle instead of a BearCat Armored Vehicle as approved on October 25, 2022 using $342,000 in American Rescue Plan Act (ARPA) funding; approval to add $61,493 to the Sheriff’s Office 2023 General Fund budget to fund the approximate difference in cost above the $342,000 approved ARPA funds; and approval for the Board to sign the Resolution authorizing a sole-source purchase from Terradyne Armored Vehicles, Inc. for this specific vehicle. (Exhibit B, Resolution No. 2022-086) 8.10 Approval of the Resolution amending the Mason County Personnel Policy. (Exhibit C, Resolution No. 2022-087) 8.11 Approval to add the American Institute of Certified Planners (AICP) certification to the approved list under the Career Incentive Policy in the Mason County Personnel Policy. 8.12 Approval to make the market adjustment to the Therapeutic Courts Program Manager position and move it from a Range 25 to a Range 27 on the Non-Represented Salary Range Alignment. 8.13 Approval to sign the letter of concurrence with Lewis County’s reappointment of Brian Zylstra to the Timberland Regional Library Board of Trustees for a term that will expire December 31, 2029. 8.14 Approval for the County Administrator to draft and sign an agreement with Community Lifeline to provide $34,789.84 for 24/7 cold weather sheltering services for up to 35 people experiencing homelessness. 8.15 Approval for Public Health and Human Services to formally accept funding from the Washington State Department of Health for a WIC Clinic Cmmr. Neatherlin/Trask moved and seconded to approve action items 8.1 through 8.15. Motion carried unanimously. N-aye; S-aye; T-aye. 9. Other Business (Department Heads and Elected Officials) Kelly Frazier, Facilities Manager, thanked PUD and Christmas Town Kiwanis for lighting the Courthouse Christmas tree and gave a shout out for the Hygiene Drive from Monday, December 5 through Friday, December 16 and the Mason County Bake Sale that will be held Friday, December 16. 10. 9:15 a.m. Public Hearings and Items Set for a Certain Time Please see above options to provide public testimony. These options are available only while COVID-19 OPMA meeting restrictions are in place. 10.1 Continuation of the Public Hearing from November 22, 2022 to certify to the County Assessor the amount of taxes levied for County purposes and the amount of taxes levied for Road for 2023; an increase to the Road Property tax levies for 2023 may be considered; the Current 3 | D e c e m b e r 6 , 2 0 2 2 C o m m i s s i o n M i n u t e s Expense tax levy Resolutions were approved by the Board of County Commissioners during the November 22, 2022 Public Hearing. Staff: Jennifer Beierle (Exhibit D, Resolution No. 2022-082; Exhibit E, Resolution No. 2022-083; & Exhibit F, Resolution No. 2022-084) Pursuant to RCW 84.52.070, it is the duty of the County Commissioners, on or before the 15th day of December in each year, to certify to the County Assessor the amount of taxes levied upon the property in the county for county purposes, and on or before the first Monday in December the respective amounts of taxes levied by the board for each taxing district for district purposes. The requested actions are to move to increase the 2023 Road Property Tax Levy by 11.83%, bank excess capacity, and set the Levy at $11,481,344.58. This includes a Diversion of the Road Levy of $1,080,000. The 11.83% is not an overall increase, it is the shift of the $1.08 million from the Current Expense levy back to the Road Levy. The second requested action is to move to adopt the 2023 Road Property Tax Levy Resolutions and adopt the resolution certifying to the County Assessor the property tax levies for collection in 2023. Cmmr. Neatherlin reiterated that this is not an 11.83% tax increase to the general public, it is just a shifting of where the money is. The County did not do the 1% tax increase. Cmmr. Trask/Neatherlin moved and seconded to increase the 2023 Road Property Tax Levy by 11.83%, bank excess capacity, and set the Levy at $11,481,344.58. This includes a Diversion of the Road Levy of $1,080,000. Motion carried unanimously. N- aye; S-aye; T-aye. Cmmr. Trask/Neatherlin moved and seconded to adopt the 2023 Road Property Tax Levy Resolutions and adopt the resolution certifying to the County Assessor the property tax levies for collection in 2023. Motion carried unanimously. N-aye; S-aye; T-aye. 11. Board’s Calendar and Reports – The Commissioners reported on meetings attended the past week and announced their upcoming weekly meetings. 12. Adjournment – The meeting adjourned at 9:37 a.m. ATTEST: ____________________________ McKenzie Smith, Clerk of the Board BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ________________________________ Randy Neatherlin, Commissioner Board of Mason County Commissioners Proceedings Commission Chambers 411 N 5th St, Shelton, WA 98584 December 5, 2022 1. Call to Order – The Chairperson called the special meeting to order at 9:00 a.m. 2. Cmmr. Shutty led the pledge of allegiance. 3. Roll Call – Present: Present: Commissioner District 1 – Randy Neatherlin; Commissioner District 2 – Kevin Shutty; Commissioner District 3 – Sharon Trask. 4. Public Hearing to consider adoption of the 2023 budget for Mason County. Staff: Jennifer Beierle (Exhibit A, Resolution No. 2022-079) Jennifer Beierle shared this Public Hearing is to consider adoption of the 2023 budget for Mason County. Copies of the 2023 Preliminary Budget were made available to the public on November 21, 2022. Changes in the General Fund include: Treasurer’s Office Property Tax reduced by $7,551 to match the levy resolution; Sheriff’s Office Machinery and Equipment reduced by $90k and added to Patrol for the underwater dive camera; and Sheriff’s Office Patrol addition of $61,500 for purchase of Terradyne Armored Vehicle. Changes in the Special Fund include: Mental Health Tax Property Tax increase of $3,029 and Veterans Assistance Property Tax increase of $4,524 to match the levy resolution. The requested action is to adopt the 2023 budget in the total amount of $177,976,694. The General Fund is $68,492,402 and is broken down as Beginning Fund Balance of $26 million; Revenue $42,492,402; Salaries and Benefits $31,916,861; Operating $15,256,512; and Ending Fund Balance of $21,319,029. Budgeted Full-Time Employees (FTEs) in the General Fund are 281.55. Total Other Funds in the proposed budget are $109,484,292 and is broken down as Beginning Fund Balance of $48,229,136; Revenue $61,255,156; Salaries and Benefits $14,248,326; Operating $65,622,474; and Ending Fund Balance of $29,613,492. Budgeted FTEs in Special and Other Funds are 128.46 for a total of 410.01 FTEs. The other option is to close public comment and continue the hearing to December 20, 2022 at 9:15 a.m. to consider adoption of the 2023 budget. Jennifer shared her appreciation and thanks for staff. Budget preparation begins again as soon as the budget for the next year is adopted. A lot of time and energy is put into making the budget as open and transparent as possible to follow RCW 36.40. Cmmr. Neatherlin/Trask moved and seconded to adopt the 2023 budget in the total amount of $177,976,694. The General Fund is $68,492,402 and the total other funds are $109,484,292. Motion carried unanimously. N-aye; S-aye; T-aye. 5. Adjournment – The meeting adjourned at 9:14 a.m. BOARD OF COUNTY COMMISSIONERS 2 | D e c e m b e r 5 , 2 0 2 2 C o m m i s s i o n M i n u t e s ATTEST: ____________________________ McKenzie Smith, Clerk of the Board MASON COUNTY, WASHINGTON _______________________________ Kevin Shutty, Chair _______________________________ Sharon Trask, Vice-Chair ___________________________ Randy Neatherlin, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Cassidy Perkins Ext. 419 Department: Support Services Briefing: ☐ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): Click or tap here to enter text. Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.1 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval of Warrants & Treasurer Electronic Remittances Claims Clearing Fund Warrant # 8092484-8092688 $ 1,212,120.87 Direct Deposit Fund Warrant # 92412-92806 $ 873,147.72 Salary Clearing Fund Warrant # 7007052-7007085 $ 1,122,315.32 Treasurer Electronic Remittance $ 166,901.74 Background/Executive Summary: The Board approved Resolution no. 80-00 Payment of Claims Against County: Procedure Authorizing Warrant Issue and Release Prior to Board Claim Approval. Mason County Code 3.32.060(a) requires that the Board enter into the minutes of the County Commissioners the approval of claims listing warrant numbers. Claims Clearing YTD total $ 40,058,031.36 Direct Deposit YTD total $ 18,371,710.91 Salary Clearing YTD total $ 18,581,184.58 Approval of Treasurer Electronic Remittances YTD total $ 7,985,856.14 Requested Action: Approval of the aforementioned Claims Clearing Fund, Direct Deposit Fund, Salary Clearing Fund, and Treasurer Electronic Remittance warrants. Attachments: Originals on file with the Auditor/Financial Services; copies on file with the Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 5, 2022 Agenda Date: December 20, 2022 Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.2 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval to delete budgetary general fund department #001-258-000, Murder Expenditures; and #001- 305-000, Motor Pool, and record those revenues and expenditures in the general fund’s Non- Departmental department #001-300-000; approval to delete fund #429-000-000, Beards Cove Reserve, and record those revenues and expenditures in fund #412-000-000, Beards Cove; and approval to delete fund #480-000-000, Storm Drain System Development, and record those revenues and expenditures in fund #105-000-000, County Road. Background/Executive Summary: The County has adopted a Financial Policy which states “only the minimum number of funds consistent with legal and operating requirements should be established, because unnecessary funds result in inflexibility, undue complexity, and inefficient financial administration”. Budget Impact (amount, funding source, budget amendment): None- The fund and department revenues and expenditures will be recorded within the appropriate designated funds and departments beginning with the 2023 budget. Public Outreach (news release, community meeting, etc.): Approved by the Audit Committee and verbally approved by the Board of County Commissioners during 2023 Budget Workshops Requested Action: Approval of the Resolution deleting budgetary General Fund Department 258 Murder Expenditures and Department 305 Motor Pool and record those revenues and expenditures in the General Fund Department 300 Non-Departmental; and approval of the Resolution deleting Fund 429 Beards Cove Reserve and record those revenues and expenditures in Fund 412 Beards Cove and deleting Fund 480 Storm Drain System Development and record those revenues and expenditures in Fund 105 County Road. Mason County Agenda Request Form Attachments: Draft Resolution deleting fund #429 & fund #480 Draft Resolution deleting general fund department #258 & #305 RESOLUTION NO. ______________ Deletion of Budgetary Accounting Departments within the General Fund: #001-258-000, Murder Expenditures and #000-305-000 Motor Pool; Reference Mason County Code Chapter 3- Revenue and Finance WHEREAS, RCW 36.32.120 (6) states that the Board of County Commissioners have responsibility for the care of the county property and the management of county funds and business, and WHEREAS, the following departments within the general fund are no longer being used and it is recommended they be deleted beginning with the 2023 Mason County budget: Department #001-258-000, Murder Expenditures; now budgeted in Department #001- 300-000, Non-Departmental; transfer any residual to Non-Departmental Department #001-305-000, Motor Pool; now budgeted in Department #001-300-000, Non-Departmental; transfer any residual to Facilities Department NOW, THEREFORE, BE IT RESOLVED, to delete the following county departments within the general fund beginning with the 2023 Mason County budget: Department #001-258- 000, Murder Expenditures; and Department #001-305-000, Motor Pool. ADOPTED, this ____ day of December, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ________________________________ Kevin Shutty, Chair ATTEST: ________________________________ ________________________________ McKenzie Smith, Clerk of the Board Sharon Trask, Commissioner ________________________________ ________________________________ Tim Whitehead, Chief DPA Randy Neatherlin, Commissioner C: Auditor, Auditor/Financial Services, Treasurer, Support Services/Budget Mason County Agenda Request Form To: Board of Mason County Commissioners From: Casey Bingham Ext. 562 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 5, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.3 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Moving Project or Temporary Employee to Full-Time Employee Background/Executive Summary: The Accounting Tech Position - Foundational Public Health Services (FPHS) funding will allow the position to become a Full-Time Employee. Budget Impact (amount, funding source, budget amendment): Position has been budgeted for 2023 and ongoing funding has been established to cover the cost. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to move the Foundational Public Health Services funded Accounting Tech Position to a full- time employee position. Attachments: Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 12, 2022 Agenda Date: December 20, 2022 Internal Review: ☒ Finance ☒ Human Resources ☐ Legal ☐ Information Technology ☒ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.4 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Addition of Continuous Service Definition to Page 2 of Personnel Policy Background/Executive Summary: Human Resources has updates to assist the Board in the coordination of County administrative and personnel programs. Continuous service is referenced but not defined in the policy. The proposed language is: Continuous Service: the most recent period of County employment unbroken by periods of unauthorized absence, separation of employment due to discharge, resignation, retirement, or other reason where employment relationship has ceased, or periods of layoff twelve (12) months or longer. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the Resolution amending the Mason County Personnel Policy to add the definition of “Continuous Service”. Attachments: Resolution Personnel Policy RESOLUTION NO. ________ A RESOLUTION AMENDING RESOLUTION 2022-047 MASON COUNTY PERSONNEL POLICY, TO ADD, REMOVE, AND UPDATE LANGUAGE IN THE PERSONNEL POLICY MANUAL AND MASON COUNTY CODE WHEREAS, it is the responsibility of the Board of Mason County Commissioners for the coordination of county administrative programs, which is accomplished through the adoption of the Personnel Policy; and WHEREAS, it is necessary and appropriate to add a definition of Continuous Service to the Personnel Policy NOW, THEREFORE, BE IT RESOLVED, the Board of Mason County Commissioners hereby amends Resolution 2022-087 Mason County Personnel Policy to add a Continuous Service definition. This resolution shall become effective immediately upon its passage. ADOPTED THIS ____ day of ________. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: ________________________________ Kevin Shutty, Chair _____________________________ McKenzie Smith, Clerk of the Board ________________________________ Randy Neatherlin, Commissioner APPROVED AS TO FORM ________________________________ Sharon Trask, Commissioner ______________________________ Timothy Whitehead, Deputy Prosecuting Attorney Mason County Personnel Policies Page 2 departments unless the Elected Official(s) have adopted policies covering the same subject(s) and filed those policies with the Board of county Commissioners. 1.4 CHANGING THESE POLICIES The County reserves the right to modify these policies at any time. The Board of County Commissioners or the County Administrator may deviate from these policies to achieve the primary mission of serving the citizens of Mason County. Employees may request specific changes to these policies by submitting suggestions to their Elected Official or Department Head. 1.5 DEFINITIONS Department Head: An employee who reports directly to the Board of County Commissioners or County Administrator and who is responsible for directing one or more departments. Regular Full-Time Employee: An employee who holds a budgeted position and who regularly works a minimum of forty (40) hours a week. Regular Part-Time Employee: An employee who holds a budgeted position and who regularly works less than forty (40) hours a week. Extra Help Employee: An employee who holds a job of limited duration due to special projects, seasonal or abnormal workloads, the absence of a regular employee or emergencies. Continuous Service: The most recent period of County employment unbroken by periods of unauthorized absence, separation from employment due to discharge, resignation, retirement or other reason where the employment relationship has ceased, or periods of layoff twelve (12) months or longer. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 12, 2022 Agenda Date: December 20, 2022 Internal Review: ☒ Finance ☒ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.5 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Lead Pay Annual Review Amendment – Todd Cunningham Background/Executive Summary: As part of the 2023 Budget process, lead pays are reviewed annually for ongoing need, essential functions, and financial impact. Todd Cunningham’s request was on hold during the Community Services department split. Budget Impact (amount, funding source, budget amendment): Included in 2023 budget. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of Lead Pay for Todd Cunningham, Building Official for Community Development, from January 1, 2023 through December 31, 2023. Attachments: Lead Pay Form Higher Class/Lead Pay Request Form Working in a Higher Class/Lead Pay requests must be submitted by the Department Head or Elected Official on this form to Human Resources for review and approval before moving to the Board of County Commissioners. Type of Pay Request Lead Pay Union Status Union Union Teamsters Name Todd Cunningham Department Community Development Employee Current Job Title Building Inspector V Proposed Increase (%) 10 Funding Source Effective Date 1/1/2023 End Date 12/31/2023 What specific job duties will this employee be performing outside of their current position description? Duties are demonstrative and may include others. Assist with administration of department functions related to building and safety. Prepare reports and info related to administration of the building/safety program. Evaluate building permit fee structure and provide recommendations for cost of service recovery or revision. Attendance at project feasibility meetings and on-site evaluation of conditions for future development or rebuild. Assist in preparing and development of recommendations to the county administration regarding the need for new ordinances or revisions to current ordinances and/or policies. Trains front line, building, safety staff related to application of permitting and specific technical subjects to code administration and application and use of softwares. Attach job description for higher class Department Head Email krowen@masoncountywa.gov Mason County Agenda Request Form To: Board of Mason County Commissioners From: Cassidy Perkins Ext. 419 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 12, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.6 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Reappointment of Tamra Ingwaldson to the Lewis-Mason-Thurston Area Agency on Aging Advisory Council. Background/Executive Summary: The Lewis-Mason-Thurston Area Agency on Aging is a local government agency that provides home and community services for seniors and adults with disabilities to help them remain living in their own homes. The Advisory Council makes recommendations to the Council of Governments and staff. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to reappoint Tamra Ingwaldson to the Lewis-Mason-Thurston Area Agency on Aging to complete a full-term ending December 31, 2024. Attachments: Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 12, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.7 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Sub-recipient agreement with Community Action Council of Lewis, Mason, and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant (CDBG). Background/Executive Summary: The County applied for and was awarded a Public Services CDBG grant through the Washington Department of Commerce. The County has partnered with the Community Action Council who will provide referrals and/or direct client services for eligible participants who are residents of Lewis or Mason County. This effort is funded under CDBG contract #21-62210-010. The contract total is $102,000 with a performance period 7/1/2022 through 6/30/2023. This is a formula grant that can be applied for annually. The County has agreed to serve as the applicant and grantee for this program. Grant funds of $3,500 will be available to off-set administrative costs. The sub-recipient agreement with the Community Action Council is for $98,500. The primary responsibilities include providing referrals for a minimum of 7,000 individuals in Mason and Lewis counties, of which a minimum of 3,400 must meet HUD’s 51% income qualification. Responsibilities also include providing Children’s Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis counties, of which a minimum of 350 must meet current HUD’s low – middle income qualifications. Budget Impact (amount, funding source, budget amendment): This project is fully funded by the CDBG grant. Public Outreach (news release, community meeting, etc.): N/A Mason County Agenda Request Form Requested Action: Approval for the Chair to sign the sub-recipient agreement with Community Action Council of Lewis, Mason, and Thurston Counties for service provision under a Public Services Washington State Community Development Block Grant (CDBG). Attachments: Agreement Revised 1/25/2021 Page 1 of 21 SUBRECIPIENT AGREEMENT BETWEEN MASON COUNTY AND COMMUNITY ACTION COUNCIL OF LEWIS, MASON AND THURSTON COUNTIES This Agreement is made between Mason County (herein called the Local Government) and Community Action Council of Lewis, Mason and Thurston Counties (herein called Subrecipient) for the 2022 Public Services Community Development Block Grant project (herein called the Project). As the Washington State Department of Commerce (Commerce) is authorized by the federal Department of Housing and Urban Development (HUD) to provide funds to units of local government selected to undertake and carry out projects under the Washington State Community Development Block Grant (CDBG) Program in compliance with all applicable local, state, and federal laws, regulations and policies; and As the Local Government has applied for and received a CDBG award, contract number 21-62210-010 (CFDA 14.228), to fund the Project with Federal Award Identification Number B-22-DC-53-0001; and As it benefits the Local Government to engage the Subrecipient to accomplish the Scope of Work and the objectives of the local CDBG project; The parties agree that: 1. SCOPE OF SERVICES A. Local Government Responsibilities The Local Government is responsible for administration of the CDBG contract, and ensuring CDBG funds are used in accordance with all program requirements [(24 CFR 570.501(b)] and its CDBG contract with Commerce referenced above. The Local Government will provide such assistance and guidance to the Subrecipient as may be required to accomplish the objectives and conditions set forth in this Agreement. The Local Government is responsible for completing the following tasks to accomplish the objectives of the Project: Principal Tasks • Execute contract with COMMERCE • Execute sub-recipient AGREEMENT • Establish administrative and other record keeping systems • Process and submit payment requests and CDBG Beneficiary Reports • Formulate and implement a sub-recipient monitoring plan and conduct on-site review • Ensure grant activities are completed • Conduct a final public hearing • Complete the grant close-out process with COMMERCE Revised 1/25/2021 Page 2 of 21 B. Subrecipient Responsibilities The Subrecipient will complete in a satisfactory and proper manner as determined by the Local Government the following tasks to accomplish the objectives of principally benefiting low- and moderate-income persons. The Subrecipient will periodically meet with the Local Government to review the status of these tasks. Principal Tasks • Provide referrals for a minimum of 7,000 individuals in Mason and Lewis Counties of which a minimum of 3,400 must meet HUD’s 51% income qualification. • Provide Children’s Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis Counties, of which a minimum of 350 must meet current HUD’s low-middle income qualifications. • Formulate and submit required reports and payment requests to LOCAL GOVERNMENT in an accurate and timely manner. 2. TIME OF PERFORMANCE The effective date of this Agreement will be the date the parties sign and complete execution of this agreement and will be in effect for the time period during which the Subrecipient remains in control of CDBG funds or other CDBG assets. 3. AGREEMENT REPRESENTATIVES Each party to this Agreement shall have a representative. Each party may change its representative upon providing written notice to the other party. The parties’ representatives are as follows: A. Subrecipient: Community Action Council of Lewis, Mason and Thurston Counties Name of Representative: Kirsten York, CEO Mailing Address: 3020 Willamette Dr NE City, State and Zip Code: Lacey, WA 98516 Telephone Number: 360-438-1100 Fax: 360-491-7729 E-mail Address: kirsteny@caclmt.org UBI#: 600-503-120 B. Local Government: Mason County, Washington Name of Representative: Toni Monnier Title: Financial Analyst Mailing Address: 411 N 5th Street City, State and Zip Code: Shelton, WA 98584 Telephone Number: 360-427-9670 ext 644 Fax Number: 360-427-8437 E-mail Address: tmonnier@masoncountywa.gov Revised 1/25/2021 Page 3 of 21 4. BUDGET The Local Government will pass through to the Subrecipient no more than $98,500 in CDBG funds for eligible incurred costs and expenses for the Project according to the following budget. Project Budget Element Budgeted Amount 05 Public Services $98,500 Indirect Cost Rate: ___% Federally Approved Indirect Rate, or 10% de minimis rate, or fill out “N/A” declining to charge indirect Indirect Cost Rate if the Subrecipient chooses to charge Indirect under this grant, the Subrecipient shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists, a de minimis indirect cost rate of 10% of Modified Total Direct Costs (MTDC) will be used. “Modified Total Direct Costs” shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, and rental costs. Any amendments to this Agreement’s Budget must first be determined by the Local Government as consistent with its CDBG contract with Commerce and then approved in writing by the Local Government and the Subrecipient. 5. PAYMENT The Local Government shall reimburse the Subrecipient in accordance with the payment procedures outlined in the CDBG Management Handbook, Financial Management Section and 2 CFR Part 200 “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards” all allowable expenses agreed upon by the parties to complete the Scope of Service. Reimbursement under this Agreement will be based on billings, supported by appropriate documentation of costs actually incurred. It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate cash requirements necessary to carry out the purposes of the agreement. Funds available under this Agreement will be utilized to supplement rather than supplant funds otherwise available. It is understood that this Agreement is funded in whole or in part with CDBG funds through the Washington State CDBG Program as administered by Commerce and is subject to those regulations and restrictions normally associated with federally-funded programs and any other requirements that the State may prescribe. 6. PERFORMANCE MONITORING The Local Government will monitor the performance of the Subrecipient by tracking project progress, reviewing payment requests for applicable costs, managing the timely pass-through of CDBG funds, overseeing compliance with CDBG requirements, and ensuring recordkeeping and Revised 1/25/2021 Page 4 of 21 audit requirements are met. Substandard performance as determined by the Local Government will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within 30 days after being notified by the Local Government, contract suspension or termination procedures will be initiated. 7. SPECIAL CONDITIONS A. Withholding Payment: In the event the SUB-RECIPIENT has failed to perform any obligation under this AGREEMENT within the times set forth in the AGREEMENT, the LOCAL GOVERNMENT may, upon written notice, withhold from amounts otherwise due and payable to SUB-RECIPIENT, without penalty, until such failure to perform is cured or otherwise adjudicated. Withholding under this clause shall not be deemed a breach entitling SUB-RECIPIENT to termination or damages, provided that the LOCAL GOVERNMENT promptly gives notice in writing to the SUB- RECIPIENT of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Office set forth in a notice to the SUB-RECIPIENT of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the SUB-RECIPIENT, (3) to set off any amount so paid or incurred from amounts due or to become due the SUB-RECIPIENT. In the event the SUB-RECIPIENT obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to SUB-RECIPIENT by reason of good faith withholding by the LOCAL GOVERNMENT under this clause. B. Labor Standards: SUB-RECIPIENT agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis-Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and/or the State of Washington. C. Waiver of Noncompetition: SUB-RECIPIENT irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the LOCAL GOVERNMENT, and SUB-RECIPIENT further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the LOCAL GOVERNMENT. Revised 1/25/2021 Page 5 of 21 D. Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by SUB-RECIPIENT and/or its consultants or sub-contractors, in connection with performance of this AGREEMENT, shall be the sole and absolute property of LOCAL GOVERNMENT. E. E-verify: The E-Verify contractor program for Mason County applies to contracts of $100,000 or more and subcontracts for $25,000 or more if the primary contract is for $100,000 or more. SUB- RECIPIENT represents and warrants that it will, for at least the duration of the AGREEMENT, register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work for Mason County. As used herein, “status verification system: means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. SUB-RECIPIENT agrees to maintain records of such compliance and, upon request of the LOCAL GOVERNMENT, to provide a copy of each such verification to the LOCAL GOVERNMENT. SUB-RECIPIENT further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. SUB-RECIPIENT understands and agrees that any breach of these warranties may subject SUB-RECIPIENT to the following: (a) termination of the AGREEMENT and ineligibility for any Mason County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, SUB-RECIPIENT would also be liable for any additional costs incurred by the LOCAL GOVERNMENT due to contract cancellation or loss of license or permit. SUB-RECIPIENT will review and enroll in the E-Verify program through this website: www.uscis.gov F. Disputes: Differences between SUB-RECIPIENT and LOCAL GOVERNMENT, arising under and by virtue of the AGREEMENT Documents, shall be brought to the attention of LOCAL GOVERNMENT at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. G. Notice of Potential Claims: Subrecipient shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or LOCAL GOVERNMENT, or (2) the happening of any event or occurrence, unless Subrecipient has given LOCAL GOVERNMENT a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by LOCAL GOVERNMENT. The written Notice of Potential Claim shall set Revised 1/25/2021 Page 6 of 21 forth the reasons for which Subrecipient believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Subrecipient shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. H. Detailed Claim: Subrecipient shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by LOCAL GOVERNMENT, Subrecipient has given LOCAL GOVERNMENT a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. I. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to the arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the PARTIES under, arising out of, or related to the AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Shelton, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by the AGREEMENT. There shall be one arbitrator selected by the PARTIES within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre-award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made no later than forty-five (45) days after the arbitration demand, the PARTIES agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and process with arbitration. J. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Mason, or a neighboring county in the event of a conflict of interest. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Mason County and the State of Washington. Revised 1/25/2021 Page 7 of 21 K. Communication: Subrecipient will not communicate directly with COMMERCE concerning this PROJECT without prior notice to LOCAL GOVERNMENT. 8. GENERAL CONDITIONS A. General Compliance The Subrecipient agrees to comply with: • The requirements of Title 24 of the Code of Federal regulations, 570 (HUD regulations concerning CDBG); and • All other applicable Federal, State and Local laws, regulations, and policies, governing the funds provided under this Agreement. B. CDBG National Objective The Subrecipient certifies the activities carried out under this Agreement meet a CDBG Program National Objective defined in 24 CFR 570.208. C. Independent Contractor Nothing contained in this Agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient will at all times remain an “independent contractor” with respect to the services to be performed under this Agreement. The Local Government will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Subrecipient is an independent contractor. D. Hold Harmless The Subrecipient will hold harmless, defend and indemnify the Local Government from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Subrecipient’s performance or nonperformance of the services or subject matter called for in this Agreement. E. Workers’ Compensation The Subrecipient will provide Workers’ Compensation Insurance Coverage for all of its employees involved in the performance of this Agreement. F. Insurance and Bonding The Subrecipient will carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum will purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the Local Government as detailed in “Exhibit C Insurance Requirements.” The Subrecipient shall furnish the Local Government with properly executed certificate of insurance or a signed policy endorsement which shall clearly evidence all insurance Revised 1/25/2021 Page 8 of 21 required in this section prior to commencement of services. The certificates will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be cancelled or allowed to expire except on thirty (30) days prior written notice to the Local Government. G. Funding Source Recognition The Subrecipient will insure recognition of the roles of Commerce, the WA State CDBG program, and the Local Government in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement will be prominently labeled as to funding source. In addition, the Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. H. Amendments The Local Government or Subrecipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the Local Government’s governing body. Such amendments will not invalidate this Agreement, nor relieve or release the Local Government or Subrecipient from its obligations under this Agreement. I. Suspension or Termination In accordance with 2 CFR 200.338-9, the Local Government may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any terms of this Agreement, which include (but are not limited to) the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement. 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the Subrecipient to the Local Government of reports that are incorrect or incomplete in any material respect. In accordance with 2 CFR 200.339, this Agreement may also be terminated by either the Local Government or the Subrecipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the Local Government determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the Local Government may terminate the award in its entirety. 9. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards Revised 1/25/2021 Page 9 of 21 The Subrecipient agrees to comply with 2 CFR 200 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Subrecipient will administer its program in conformance with 2 CFR 200. These principles will be applied for all costs incurred whether charged on a direct or indirect basis. 3. Duplication of Costs The Subrecipient certifies that work to be performed under this Agreement does not duplicate any work to be charged against any other contract, subcontract or other source. B. Documentation and Record Keeping 1. Records to Be Maintained The Subrecipient will maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement and those records described in the CDBG Management Handbook. Such records will include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the civil rights components of the CDBG program; f. Financial records as required by 24 CFR 570.502, and 2 CFR 200.333; g. Labor standards records required to document compliance with the Davis Bacon Act, the provisions of the Contract Work Hours and Safety Standards Act, and all other applicable Federal, State and Local laws and regulations applicable to CDBG-funded construction projects; and h. Other records necessary to document compliance with Subpart K of 24 CFR 570. 2. Access to Records and Retention The grantee, Commerce, and other authorized representatives of the state and federal governments shall have access to any books, documents, papers and records of the Subrecipient that are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. Revised 1/25/2021 Page 10 of 21 All such records and all other records pertinent to this Agreement and work undertaken under this Agreement will be retained by the Subrecipient for a period of six years after final audit of the Local Government’s CDBG project, unless a longer period is required to resolve audit findings or litigation. In such cases, the Local Government will request a longer period of record retention. 3. Audits and Inspections All Subrecipient records with respect to any matters covered by this Agreement will be made available to the Local Government, Commerce, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The Subrecipient that expends $750,000 or more in a fiscal year in federal funds from all sources hereby agrees to have an annual agency audit conducted in accordance with current Local Government policy concerning Subrecipient audits and 2 CRF 200.501. The Catalog of Federal Domestic Assistance (CFDA) number is 14.228. C. Reporting 1. Program Income The Subrecipient will report annually all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. The use of program income by the Subrecipient will comply with the requirements set forth at 24 CFR 570.504. 2. Periodic Reports The Subrecipient, at such times and in such forms as the Local Government may require, will furnish the Local Government such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. D. Use and Reversion of Assets The use and disposition of real property and equipment under this Agreement will be in compliance with the requirements of 2 CFR 200.311 and 313, 24 CFR 570.502, 570.503, 570.504, as applicable, which include but are not limited to the following: 1. The Subrecipient will transfer to the Local Government any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 will be used to meet Revised 1/25/2021 Page 11 of 21 one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after the contract between Commerce and the Local Government is closed. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for this 10-year period of time, the Subrecipient will pay the Local Government an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property after the CDBG program’s approval. Such payment will constitute program income to the Local Government. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the ten- year period. 3. In cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds will be program income. Equipment not needed by the Subrecipient for activities under this Agreement will be (a) transferred to the Local Government for CDBG-eligible activities as approved by the CDBG program or (b) retained after compensating the Local Government. 10. PERSONNEL AND PARTICIPANT CONDITIONS A. Civil Rights Title VI of the Civil Rights Act of 1964: Under Title VI of the Civil Rights Act of 1964, no person will, on the grounds of race, color, creed, religion, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974: No person in the United States will on the grounds of race, color, creed, religion, sex or national origin be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. Age Discrimination Act of 1975, as Amended No person will be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual will, solely by reason or his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) Public Law 101-336, Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability will, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. Revised 1/25/2021 Page 12 of 21 B. Section 3 of the Housing and Community Development Act of 1968 Compliance in the Provision of Training, Employment, and Business Opportunities: 1. The work to be performed under this agreement is on a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower-income residents of the project area; and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part, by persons residing in the area of the project. 2. The parties to this contract will comply with the provisions of said Section 3 and the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these provisions. 3. The Subrecipient will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers’ representative of his commitments under this Section 3 clause and will post copies of the notice in conspicuous places available to employees and applicants for employment or training. 4. The Subrecipient will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant, or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of HUD, 24 CFR 135. The Subrecipient will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract, unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued hereunder prior to the execution of the contract, will be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements will subject the applicant, or recipient, its consultants and subcontractors, its successors and assigned to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. C. Conduct 1. Assignability The Subrecipient will not assign or transfer any interest in this Agreement without the prior written consent of the Local Government thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Local Government under Revised 1/25/2021 Page 13 of 21 this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer will be furnished promptly to the Local Government and Commerce. 2. Conflict of Interest No member of the Local Government’s governing body and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning or carrying out of the project, will have any personal financial interest, direct or indirect, in this Agreement; and the Subrecipient will take appropriate steps to assure compliance. The Subrecipient agrees to abide by the provisions of 2 CFR 200.318 and 24 CFR 570.611, which includes maintaining a written standard code of conduct that will govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. The Subrecipient covenants that its employees have no interest and will not acquire interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of services hereunder. The Subrecipient further covenants that in the performance of this Agreement, no person having such interest will be employed. 3. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions a. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. b. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor will attach an explanation to this contract. D. Copyright If this Agreement results in any copyrightable material or inventions, the Local Government and/or Commerce reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. E. Religious Activities The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. 11. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement will not be affected thereby and all other parts of this Agreement will nevertheless be in full force and effect. Revised 1/25/2021 Page 14 of 21 12. PERFORMANCE WAIVER The Local Government’s failure to act with respect to a breach by the Subrecipient does not waive its right to act with respect to subsequent or similar breaches. The failure of the Local Government to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Local Government and the Subrecipient for the use of funds received under this Agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the Local Government and the Subrecipient with respect to this Agreement. The attachments to this Agreement are identified as follows: Exhibit A Scope-of-Work Exhibit B Budget Exhibit C Insurance Requirements Exhibit D Certificate of Insurance Exhibit E Sample Forms and Instructions IN WITNESS WHEREOF, the Local Government and the Subrecipient have executed this Agreement as of the date and year last written below. MASON COUNTY, WASHINGTON COMMUNITY ACTION COUNCIL OF LEWIS, MASON & THURSTON COUNTIES By: _____________________________________ By: ____________________________________ Kevin Shutty, Chair Kirsten York, CEO Title: ___________________________________ Title: __________________________________ Date: ___________________________________ Date: __________________________________ Approved As To Form: ___________________________________________ Tim Whitehead, Chief DPA Revised 1/25/2021 Page 15 of 21 EXHIBIT A SCOPE-OF -WORK The Community Action Council of Lewis, Mason and Thurston Counties (CAC) will be responsible for completing the tasks and activities below as well as others as detailed throughout this AGREEMENT, Washington Department of Commerce's (Commerce) Community Development Block Grant (CDBG) Management Handbook and other guides as required to provide referral and direct services in compliance with the CDBG program and Mason County's (LOCAL GOVERNMENT) policies and procedures. It is the CAC's responsibility to review, understand, implement and adhere to all requirements as this Scope-of-Work is a summary, not an exhaustive list. SUB-RECIPIENT will: 1. Conduct participant eligibility screening for Lewis and Mason county residents to determine program eligibility in compliance with CDBG requirements. 2. Provide referrals for a minimum of 7,000 individuals in Mason and Lewis counties of which a minimum of 3,400 must meet current HUD's low-middle income qualifications. 3. Provide Children’s Justice and Advocacy Center direct services and referrals for a minimum of 350 eligible residents of Mason and Lewis counties, of which a minimum of 350 must meet current HUD’s low-middle income qualifications. Services include; resource referrals, advocacy, support case coordination, child forensic interviews, technical assistance for victims of child abuse, and consultation and case support for victims of other crimes. 4. Collect, track and report PROJECT data in a manner consistent with the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as applicable. SUB- RECIPIENT must ensure that the services provided to eligible individuals under this PROJECT are not reported to any other funding entities for the purpose of meeting contractual obligations. 5. Voucher Requests and Reports: A. Formulate and submit a Washington State Voucher Distribution request (form A19) to LOCAL GOVERNMENT on a quarterly basis due October 15, January 15, April 15th and July 15. Submission to include one digital copy in WORD e-mailed to Toni Monnier and one copy that has been printed, signed and either scanned and e-mailed or sent by U. S. mail or hand delivery. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. LOCAL GOVERNMENT will be responsible for submitting completed requests to COMMERCE. See "Exhibit E Sample Forms and Instructions." B. Formulate and submit a CDBG Quarterly Beneficiary Reporting Form and a CDBG Project Status Report to LOCAL GOVERNMENT on a quarterly basis due October 15, January 15, April 15th and July 15. A digital or hard copy is acceptable e-mailed or delivered to Toni Monnier. LOCAL GOVERNMENT will be responsible for submitting completed forms and reports to COMMERCE. See Exhibit E Sample Forms and Instructions Toni Monnier Mason County 411 N. 5th Street Shelton, WA 98584 tmonnier@masoncountywa.gov 6. Participate in PROJECT meetings, including a grant start-up meeting, as scheduled by LOCAL GOVERNMENT. Revised 1/25/2021 Page 16 of 21 7. Participate and support on-site compliance reviews conducted by LOCAL GOVERNMENT per CDBG requirements. 8. Assist LOCAL GOVERNMENT with all aspects of program administration and requirements including grant close-out process as requested. 9. Assist with preparation of 2023 Public Services Grant application as requested by LOCAL GOVERNMENT. Revised 1/25/2021 Page 17 of 21 EXHIBIT B Budget 1. The approved project budget for the SUB-RECIPIENT of $98,500 allows for reimbursement requests for staff salaries and benefits including administration and accounting pooled costs. The SUB- RECIPIENT cannot use Community Development Block Grant (CDBG) funds from this AGREEMENT for travel, equipment, contracted services, materials/supplies and/or other indirect expenses. 2. Staff charging time to the CDBG grant must record actual hours worked on a timesheet. Timesheets are to be signed, certifying that the hours charged are for time spent providing CDBG grant-related services. 3. Signed and certified timesheets must be maintained by the SUB-RECIPIENT. 4. Financial policies, practices and processes must adhere to the requirements detailed in this AGREEMENT, COMMERCE's CDBG Management Handbook and other guides as well as applicable Mason County's (LOCAL GOVERNMENT) policies and procedures. 5. SUB-RECIPIENT will provide LOCAL GOVERNMENT with a copy of the annual A-133 compliant audit within nine months of the end of CAC's fiscal year. Revised 1/25/2021 Page 18 of 21 EXHIBIT C INSURANCE REQUIREMENTS 1. MINIMUM Insurance Requirements: A. Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01, with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate. B. Workers’ Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses. C. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including owned, non- owned and hired autos, or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If SUB-RECIPIENT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If SUB-RECIPIENT or SUB-RECIPIENT’s employees will use personal autos in any way on this project, SUB-RECIPIENT shall obtain evidence of personal auto liability coverage for each such person. D. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Such policy or policies shall include as insureds those covered by the underlying policies, including additional insureds. Coverage shall be “pay on behalf”, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to LOCAL GOVERNMENT for injury to employees of SUB-RECIPIENT, subcontractors or others involved in the Work. The scope of coverage provided is subject to approval of LOCAL GOVERNMENT following receipt of proof of insurance as required herein. 2. Certificate of Insurance: A certificate of insurance is attached hereto as "Exhibit D Certificate of Insurance." 3. Basic Stipulations: A. SUB-RECIPIENT agrees to endorse third party liability coverage required herein to include as additional insureds LOCAL GOVERNMENT, its officials, employees and agents, using ISO endorsement CG 20 10 with an edition date prior to 2004. [If this is a construction contract, ISO endorsement 20 37 also is required.] SUB-RECIPIENT also agrees to require all SUB-RECIPIENT s, subcontractors, and anyone else involved in this Contract on behalf of the SUB-RECIPIENT (hereinafter “indemnifying PARTIES”) to comply with these provisions. B. SUB-RECIPIENT agrees to waive rights of recovery against LOCAL GOVERNMENT regardless of the applicability of any insurance proceeds, and to require all indemnifying PARTIES to do likewise. C. All insurance coverage maintained or procured by SUB-RECIPIENT or required of others by SUB- RECIPIENT pursuant to this Contract shall be endorsed to delete the subrogation condition as to LOCAL GOVERNMENT, or must specifically allow the named insured to waive subrogation prior to a loss. D. All coverage types and limits required are subject to approval, modification and additional requirements by LOCAL GOVERNMENT. SUB-RECIPIENT shall not make any reductions in scope or limits of coverage that may affect LOCAL GOVERNMENT’s protection without LOCAL GOVERNMENT’s prior written consent. Revised 1/25/2021 Page 19 of 21 E. Proof of compliance with these insurance requirements, consisting of endorsements and certificates of insurance shall be delivered to LOCAL GOVERNMENT prior to the execution of this Contract. If such proof of insurance is not delivered as required, or if such insurance is canceled at any time and no replacement coverage is provided, LOCAL GOVERNMENT has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests. Any premium so paid by LOCAL GOVERNMENT shall be charged to and promptly paid by SUB-RECIPIENT or deducted from sums due SUB- RECIPIENT. F. It is acknowledged by the PARTIES of this Contract that all insurance coverage required to be provided by SUB-RECIPIENT or indemnifying party, is intended to apply first and on a primary non- contributing basis in relation to any other insurance or self-insurance available to LOCAL GOVERNMENT. G. SUB-RECIPIENT agrees not to self-insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to LOCAL GOVERNMENT. If SUB-RECIPIENT’s existing coverage includes a self- insured retention, the self-insured retention must be declared to the LOCAL GOVERNMENT. The LOCAL GOVERNMENT may review options with SUB-RECIPIENT, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. H. SUB-RECIPIENT will renew the required coverage annually as long as LOCAL GOVERNMENT, or its employees or agents face an exposure from operations of any type pursuant to this Contract. This obligation applies whether or not the Contract is canceled or terminated for any reason. Termination of this obligation is not effective until LOCAL GOVERNMENT executes a written statement to that effect. Revised 1/25/2021 Page 20 of 21 EXHIBIT D CERTIFICATE OF INSURANCE Revised 1/25/2021 Page 21 of 21 EXHIBIT E SAMPLE FORMS AND INSTRUCTIONS Sample A-19 https://deptofcommerce.app.box.com/s/ccnsdhpgh3sm33c9gra7w0ge51sahmor Sample Quarterly Beneficiary Report and Instructions https://deptofcommerce.app.box.com/s/c18g076akpjrfauyh018jzmqtm4yc1yr Sample Project Status Report https://deptofcommerce.app.box.com/s/97uo83tp9obnu79382wv3svkk02ah3sm Mason County Agenda Request Form To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 12, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.8 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Request from NW Green Construction INC. to rezone two parcels, 12217-24-50030 & 12217-24-50040, from Rural Residential 10 to Rural Residential 5. Background/Executive Summary: The two requested parcels total approximately 23.6 acres and are located in the rural lands just north and adjacent to the Allyn UGA. Access to the parcels is from WA State Hwy Route 3 and E Homestead Dr. The parcels border a section of Lakeland Village. If approved the applicant has indicated that the intention is to subdivide the parcels creating a total of four lots with future single-family development the most likely use. The PAC reviewed this request at their November 21, 2022 meeting, listened to public comment and unanimously recommended approval of the request to the Board. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): The public hearing with the PAC on 11.21.22 was advertised in the Mason Shelton Journal on November 10, 2022 and November 17, 2022. Neighbors within 300 feet of the parcel’s boundaries were mailed a notice of hearing on November 1, 2022 and the site was posted with the NOH on October 31, 2022. This meeting of the BOCC to brief was advertised on the home page of the Mason County website and subsequent requests for action will also be advertised on the home page under the corresponding agenda. Requested Action: Approval to set a Public Hearing for Tuesday, January 17, 2023 at 9:15 a.m. to consider the request from NW Green Construction Inc., to rezone two parcels 12217-24-50030 and 12217-24-50040 from Rural Residential 10 to Rural Residential 5. Attachments: Current zoning map and proposed subdivision (if rezone approved) 12217-24-50040 12217-24-50030 Mason County WA GIS Web Map Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), County Boundary No Filled Tax Parcels (Zoom in to 1:30,000) Rural Zoning Rural Multi Family Inholding Lands Rural Residential 2.5 Acres Rural Residential 5 Acres Rural Residential 10 Acres Rural Residential 20 Acres Agricultural Resource Lands Long Term Commercial Forest 10/31/2022, 10:16:09 AM 0 0.05 0.10.03 mi 0 0.08 0.160.04 km 1:3,061 Bureau of Land Management, Esri, HERE, Garmin, GeoTechnologies, Inc., NGA, USGS | Mason County WA GIS Web Map Application NOTICE OF HEARING NOTICE IS HEREBY GIVEN that the Board of Mason County Commissioners will hold a public hearing in Mason County Building I, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Tuesday, January 17, 2023 at 9:15 a.m. SAID HEARING will be to take public comment on request from NW Green Construction INC. to rezone two parcels, 12217-24-50030 & 12217-24-50040, from Rural Residential 10 to Rural Residential 5. Public testimony will be available in-person or via Zoom. The URL is available on the County website https://www.masoncountywa.gov/ to sign into the meeting. Please use the “raise hand” feature to be recognized by the Chair to provide your testimony. You can also email testimony to msmith@masoncountywa.gov or mail to the Commissioners’ Office, 411 N 5th St, Shelton, WA 98584; or call (360) 427-9670 ext. 230. If special accommodations are needed, please contact the Commissioners' office, (360) 427- 9670 ext. 419. DATED this 20th day of December, 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON __________________________________ McKenzie Smith, Clerk of the Board Bill: Community Development 615 W. Alder Street Shelton, Wa 98548 Cc: Commissioners Shelton Journal: Publ. 2t: 12/22/22 & 12/29/22 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 5, 2022 Agenda Date: December 20, 2022 Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.9 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Washington State Conservation Commission contract amendments for the Voluntary Stewardship Program (VSP) Background/Executive Summary: The Washington State Conservation Commission has provided an amount of $235,000 to support the Voluntary Stewardship Program from July 1, 2021 through June 30, 2023. The County contracts with Mason Conservation District to serve as a Lead Entity for the VSP responsible for completing a VSP Work Plan as detailed in RCW36.70A.700-790. The VSP is an option incentive- based program approach to protecting critical areas while promoting agriculture. The Washington State Conservation Commission is providing additional funding as amendments to the contract in the amount of $225,580.56 for a total contract amount of $460,580.56. Budget Impact (amount, funding source, budget amendment): None- funding is passed directly from the WA Conservation District to the Mason Conservation District Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for the County Administrator to sign the contract amendments to the Voluntary Stewardship Program contract to add $225,580.56 from The Washington State Conservation Commission and approval for the County Administrator to sign amended interlocal agreement between Mason County and Mason Conservation District. Attachments: Washington State Commission Formal Amendments and Amendment 2 to the interlocal agreement MASON COUNTY VOLUNTARY STEWARDSHIP PROGRAM 2021-2023 Biennium Contract Amendment 2 Between Mason County and Mason Conservation District 1 AMENDMENT 4 to MC CONTRACT #19-053 INTERLOCAL AGREEMENT between MASON COUNTY and MASON CONSERVATION DISTRICT Mason County and Mason Conservation District wish to amend Contract #19-053, dated July 1, 2019, relating to the Voluntary Stewardship Program, by expanding the scope of work and budget. 1.0 PERIOD OF PERFORMANCE The period of performance of this Amendment shall commence on October 11, 2022 and be completed on June 30, 2023, unless either extended by agreement of the parties or terminated sooner, as provided under the Interlocal Agreement. 2.0 SCOPE OF WORK The Mason Conservation District shall furnish the necessary personnel, equipment, material and/or service(s), or contract with third parties to accomplish the same, and otherwise do all things necessary for or incidental to the performance of the work as set forth in Attachment A-Scope of Work. 3.0 PAYMENT The parties have estimated that the cost of accomplishing the work herein will not exceed $225,580.56. Mason Conservation District will directly bill the Washington State Conservation for these expenses. 4.0 EFFECTIVE DATE The effective date of this Amendment shall be October 11, 2022. All other terms and conditions of the Interlocal Agreement, MC Contract #19-053, shall remain in full force and effect. Dated this _______ day of __________________________, 2022. MASON CONSERVATION DISTRICT: ______________________________ Jason Ragan, Chair BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ____________________________________ Mark Neary, County Administrator MASON COUNTY VOLUNTARY STEWARDSHIP PROGRAM 2021-2023 Biennium Contract Amendment 2 Between Mason County and Mason Conservation District 2 ATTACHMENT A-SCOPE OF WORK Mason Conservation District has worked with local landowners to identify resource concerns and prescribe best management practices (BMP) in response to those concerns. These BMPs were reviewed and approved by Mason County’s Voluntary Stewardship Program Workgroup, and then were forwarded to the Washington State Conservation Commission (SCC) for cost share funding consideration. This effort has resulted in two funding awards to implement these BMPs. The funding awards include cost share funding as well as funding to allow District staff to provide technical assistance (TA). The District will manage these cost share awards according to SCC policies and will provide the technical assistance necessary to support landowner implementation of these BMPs. The first funding award from SCC is dated October 11, 2022, is in the amount of $124,175.56, and involves working with four landowners to implement seven BMPs. The second funding award from SCC is dated October 21, 2022, is in the amount of $46,406.25, and involves working with two landowners to implement two BMPs. The third funding award from SCC is dated November 21, 2022, is in the amount of $50,405.00, and involves working with one landowner to implement three BMPs. The fourth funding award from SCC is dated December 7, 2022, is in the amount of $4,593.75, and involves working with one landowner to implement one BMP. Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 19, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☒ Other- Assessor (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.10 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Request to recertify to the County Assessor the amount of taxes levied for county purposes and the amount of taxes levied for Road for 2023. This is due to a revised reduced levy request from Shelton School District #309. Background/Executive Summary: Pursuant to RCW 84.52.070, it is the duty of the County Commissioners, on or before the 15th day of December in each year, to certify to the County Assessor the amount of taxes levied upon the property in the county for county purposes, and on or before the first Monday in December the respective amounts of taxes levied by the board for each taxing district for district purposes. According to the Assessor’s Office, a recertification after the applicable deadline in RCW 84.52.070 is allowed if: •The new levy request is less than the original request •The levy amount is recertified on or before the earlier of January 15th •The local government, in its discretion, allows taxing district to recertify after the applicable deadline in RCW 84.52.070, 1st of December This recertification request meets the above criteria. The certification language in the resolution has also been changed as recommend by the Department of Revenue in the Property Tax Advisory. Budget Impact (amount, funding source, budget amendment): The levy request revision has no impact on the budget for Mason County. Public Outreach (news release, community meeting, etc.): The public hearing notice was advertised in the Shelton-Mason County Journal for two weeks prior to the public hearing. Mason County Agenda Request Form Requested Actions: Approval to adopt the Resolution recertifying to the County Assessor the property tax levies for collection in 2023. Attachments: Property tax levy resolution Revised levy certification request from Shelton School District #309 RESOLUTION NO._____________ A RESOLUTION CERTIFYING PROPERTY TAX LEVIES FOR COLLECTION IN 2023 TO REPLACE RESOLUTION NO. 2022-084 WHEREAS, the Board of Mason County Commissioners must by law (RCW 84.52.070) certify to the Mason County Assessor the amount of taxes levied upon the property in the county for county purposes, and the respective amounts of taxes levied by the Board for each city, town and taxing district, within or coextensive with the County, for city, town or district purposes; and, NOW, THEREFORE, BE IT RESOLVED, by the Board of Mason County Commissioners that the attached schedule constitutes the levies for the county, cities and taxing districts on all taxable property in Mason County, Washington, as shown by the assessment rolls for the year 2023. BE IT FURTHER RESOLVED, that the Mason County Board of Commissioners certify under penalty of perjury under the laws of the State of Washington that the following is true and correct: The taxes are levied in the amount and upon the property as shown in Attachment A for county, city, town or district purposes. Dated this day of 2022, signed and certified at 411 N 5th St, Shelton, WA 98584 ATTEST: ________________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ________________________________ Tim Whitehead, Chief DPA BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ____________________________________ Kevin Shutty, Chair ____________________________________ Sharon Trask, Commissioner ____________________________________ Randy Neatherlin, Commissioner Mason County Agenda Request Form To: Board of Mason County Commissioners From: Becky Rogers Ext. 268 Department: Human Resources Briefing: ☐ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 19, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.11 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Reappointment of Bill Kendrick to the Mason County Civil Service Commission Background/Executive Summary: The Civil Service Commission of Mason County is governed by RCW 41.14. The Civil Service Commission ensures the rules for operation of the civil service system are consistent with State law, hear investigations and appeals or complaints, and certifies testing process and procedures. The Commission is required to meet monthly and to serve without compensation. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): A news release was circulated November 22 with a first review date of December 9. Requested Action: Approval to reappoint Bill Kendrick to the Mason County Civil Service Commission for a six-year term ending December 31, 2028. Attachments: Application Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 19, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.12 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Mason County Commissioners – Election for county representative on Board of Natural Resources Background/Executive Summary: Commissioners vote for candidates for the county representative on the Board of Natural Resources. Every eligible county legislative authority is allowed one total vote. However, the elected members of the eligible county legislative authority may fractionalize their votes if desired. For instance, if you have three members of your legislative authority and all three members agree on one candidate, then the county’s single vote should go to that candidate, and you would place a “1” next to the name of the candidate receiving your support. However, if all three members of your legislative authority don’t agree and all three support different candidates, you would split your vote three ways, and 1/3 of your vote should go to each candidate. In that instance, you would write “1/3” next to each of the three names of the candidates your members support. If two members support the same candidate and one supports another candidate, you would write “2/3” next to the name of the candidate that two of your members support and “1/3” next to the name of the candidate that only one of your members supports. You would follow the same process, but in different fractions, for eligible county legislative authorities with more than three members. Regardless of whether you choose to fractionalize or not fractionalize your single vote, the total number of votes should equal “1” when your ballot is complete. Completed ballots must be returned to WSAC no later than 5:00 PM on December 28, 2022. Budget Impact (amount, funding source, budget amendment): None Mason County Agenda Request Form Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to vote for the County Representative on the Board of Natural Resources and have the Clerk of the Board document and send the completed ballot to the Washington State Association of Counties (WSAC). Attachments: BNR Ballot 2022 Board of Natural Resources Election Ballot Election Deadline: December 28, 2022, 5:00 PM County: ________________________ Is this ballot fractionalized? * ________________________ If so, please indicate the number of votes next to each nominee in the boxes below: ____ Commissioner Heidi Eisenhour ____ Commissioner Lisa Janicki ____ Commissioner Lindsey Pollock Chair Signature: _________________________ Name (Please Print): _________________________ * Each county with State Forestlands has one vote in this election and shall submit only one ballot. A Board of Commissioners or County Council may choose to fractionalize that one vote among candidates to reflect the vote of each Commissioner or Councilmember. The total of all fractionalized votes must be equal to 1 vote. Ballots must be received by WSAC via email no later than December 28, 2022, 5:00 PM. Completed ballots must be emailed to Paul Jewell (pjewell@wsac.org). Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mark Neary Ext. 530 Department: County Administrator Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 19, 2022 Agenda Date: December 20, 2022 Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.13 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: 126 Kneeland St Property Purchase Background/Executive Summary: Mascon County Facilities and Mason County Corners office need new space. The lease on the Mel’s building in downtown Shelton expires at the end of March 2023, and the Coroner’s office currently has office space but needs more operational space with the ability to add cold storage. 126 Kneeland St is a 12,000 square feet of warehouse space that includes a small office in the front of the building. The location of the facility is optimal for both the Coroner’s office and our facilities staff. The Coroner will have van access to a large roll-up door that will allow them to transfer bodies out of the van into storage in a private secure setting. Facilities staff will have room to store their equipment and perform carpentry and welding projects. Facility is about ½ mile away from the county campus facilities. The seller has agreed to pay for the commercial appraisal as well as the phase I environmental inspection and if necessary a phase II report. The county has the ability to terminate or renegotiate the sales prices if the appraisal value is less than the purchase price and/or if the environmental reports require mitigation on the property. Budget Impact (amount, funding source, budget amendment): REET 1 - $550,000 Public Outreach (news release, community meeting, etc.): N/A Mason County Agenda Request Form Requested Action: Approval of the purchase and sale agreement for the 126 Kneeland Street in Shelton property purchase. Attachments: 126 Kneeland – CBA LL Transaction Replacement Addendum 126 Kneeland St ALL OTHER TERMS AND CONDITIONS of the Agreement remain unchanged. INITIALS:Buyer Date Seller Date Buyer Date Seller Date Kidder Mathews 1201 Pacific Ave, Ste. 1400 Tacoma, WA 98402 Phone: 253-722-1400 Fax: 253-722-1409 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PSA Addendum/Amendment to PSA Rev. 7/2020 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENTCBATextDisclaimer:Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. The following is part of the Purchase and Sale Agreement with Reference Date Dec.1 ,20 22 (the “Agreement”) between Mason County Government (“Buyer”)and 126 Kneeland Street LLC (“Seller”)regarding the sale of the property located at 126 Kneeland St. , Shelton ,WA 98584 (the “Property”). IT IS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS: 1.Mason County Commissioner Randy Neatherlin is a licensed real estate broker in the State of Washington and will be signing on behalf of Mason County. 2.Within 30 days of mutual execution Mason County Commissioners shall approve the purchase and sales agreement in an Open Public Meeting.If approved written notice shall be provided to the seller. 3.Upon written notice of commissioner approval;seller shall engage both environmental inspection and appraisal services for the property.The environmental inspection shall be performed by a licensed geologist/hydrologist.The appraisal shall be performed by a General Certified Real Estate appraiser in the State of Washington and shall be a yellow book appraisal. 4.A Phase II shall only be completed and paid for by the Seller if the Phase I report recommends further site study. 5.If the appraisal deems the value of the property to be less than the purchase price,both buyer and seller shall have a right to terminate the purchase and sale agreement. 6.Upon completion of the appraisal and necessary environmental reports,the buyer shall have 20 days due diligence to approve of the environmental and appraisal documents. 7.If property is deemed acceptable at the end of the due diligence period,Buyer shall provide written notice waiving their feasibility and closing shall occur on or before 15 days following feasibility waiver. Page 1 of 1 DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENTThishasbeenpreparedforsubmissiontoyourattorneyforreviewand approval prior to signing.No representation is made by licensee as to its sufficiency or tax consequences SPECIFIC TERMS Reference Date : 12/1/2022 Offer Expiration Date: 12/9/2022 5:00pm (the third day after Reference Date,if not completed) 1.PROPERTY: The Property is legally described on Exhibit A.Address: 126 Kneeland St City of Shelton , Mason County,Washington.Tax Parcel No(s): 320195302007,320195302008 Included Personal Property: None; If on and used in connection with the Property,per Section 25 (None,if not completed). 2.BUYER(S): Mason County Government a(n) 3.SELLER(S): 126 KNEELAND STREET LLC a(n) 4.PURCHASE PRICE:$ 550000 Dollars Payable as: X Cash; Financing (attach CBA Form PS_FIN); Other: 5.EARNEST MONEY:$ 5000 Dollars;Held by: Selling Firm; X Closing Agent Form of Earnest Money: Wire/Electronic Transfer; X Check; Note (attach CBA Form PS_EMN); Other: Earnest Money Due Date: X days after Mutual Acceptance; X 5 days after the Feasibility Contingency Date;or 6.FEASIBILITY CONTINGENCY DATE: ; X 45 (30 days after Mutual Acceptance if not completed.) 7.CLOSING DATE: X 02/15/2023 ; days after 8.CLOSING AGENT: Aegis Land Title 9.TITLE INSURANCE COMPANY: Aegis Land Title 10.DEED: X Statutory Warranty Deed;or Bargain and Sale Deed. 11.POSSESSION: X on closing; Other: (on closing if not completed). 12.SELLER CITIZENSHIP (FIRPTA): Seller is; X is not a foreign person for purposes of U.S.income taxation. Page 1 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1 See Addendum DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351 After removal of feasibility (see addendum)15X DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Washington State Municipality 12/7/2022 12/7/2022 12/7/2022 Washington Limited Liability Company 5 12/7/2022 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) 13.BUYER’S DEFAULT: (check only one) X Forfeiture of Earnest Money; Seller’s Election of Remedies. 14.SELLER’S DEFAULT:(check only one) Recover Earnest Money or Specific Enforcement; X Buyer’s Election of Remedies. 15.UNPAID UTILITIES: Buyer and Seller X Do Not Waive (attach CBA Form UA); Waive 16.AGENCY DISCLOSURE:Selling Broker represents: X Buyer; Seller; both parties; neither party Listing Broker represents: X Seller; both parties 17.EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement: Earnest Money Promissory Note,CBA Form EMN Back-Up Addendum,CBA Form BU-A Blank Promissory Note,LPB Form No.28A Vacant Land Addendum,CBA Form VLA Blank Short Form Deed of Trust,LPB Form No.20 Financing Addendum,CBA Form PS_FIN Blank Deed of Trust Rider,CBA Form DTR Tenant Estoppel Certificate,CBA Form PS_TEC X Utility Charges Addendum,CBA Form UA Defeasance Addendum,CBA Form PS_D FIRPTA Certification,CBA Form 22E X Lead-Based Paint Disclosure,CBA Form LP-LS Assignment and Assumption,CBA Form PS-AS Other: X Addendum/Amendment,CBA Form PSA Other: Page 2 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351 X DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) 18.IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties involved in this Agreement: Buyer(s): Seller(s): Contact: Mark Neary Contact: Address: Address: Business Phone: (360)427-9670 Business Phone: Cell Phone: Cell Phone: Fax: Fax: Email: mneary@masoncountywa.gov Email: Selling Firm Listing Firm Name: Richad Beckman Realty Group,LLC Name: Assumed Name: Assumed Name: Selling Broker: Richard Beckman Listing Broker: Selling Broker DOL License No.: 98421 Listing Broker DOL License No.: Firm Address: 117 N 8th St Shetlon,WA 98584 Firm Address: Firm Phone: 3603585567 Firm Phone: Broker Phone: 3607901921 Broker Phone: Firm Email: mail@richardbeckman.com Firm Email: Broker Email: richard@richardbeckman.com Broker Email: Fax: 3604261645 Fax: CBA Office No.: CBA Office No.: Selling Firm DOL License No.: 9628 Listing Firm DOL License No.: Copy of Notices to Buyer to :Copy of Notices to Seller to : Name: Name: Company: Company: Address: Address: Business Phone: Business Phone: Fax: Fax: Cell Phone: Cell Phone: Email: Email: Page 3 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351 ryan.haddock@kidder.com Ryan Haddock Kidder Mathews DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) GENERAL TERMS 19.Purchase and Sale. Buyer agrees to buy and Seller agrees to sell the commercial real estate identified in Section 1 as the Property and all improvements thereon.Unless expressly provided otherwise in this Agreement or its Addenda,the Property shall include (i)all of Seller’s rights,title and interest in the Property, (ii)all easements and rights appurtenant to the Property,(iii)all buildings,fixtures,and improvements on the Property,(iv)all unexpired leases and subleases;and (v)all included personal property. 20.Acceptance;Counteroffers. If this offer is not timely accepted,it shall lapse and the earnest money shall be refunded to Buyer.If either party makes a future counteroffer,the other party shall have until 5:00 p.m.on the day (if not filled in,the second day)following receipt to accept the counteroffer,unless sooner withdrawn.If the counteroffer is not timely accepted or countered,this Agreement shall lapse and the earnest money shall be refunded to Buyer.No acceptance,offer or counteroffer from Buyer is effective until a signed copy is received by Seller,the Listing Broker or the licensed office of the Listing Broker.No acceptance,offer or counteroffer from Seller is effective until a signed copy is received by Buyer,the Selling Broker or the licensed office of the Selling Broker."Mutual Acceptance"shall occur when the last counteroffer is signed by the offeree,and the fully-signed counteroffer has been received by the offeror,his or her broker,or the licensed office of the broker.If any party is not represented by a broker,then notices must be delivered to that party and shall be effective when received by that party. 21.Earnest Money. Selling Broker and Selling Firm are authorized to transfer Earnest Money to Closing Agent as necessary.Selling Firm shall deposit any check to be held by Selling Firm within 3 days after receipt or Mutual Acceptance,whichever occurs later.If the Earnest Money is to be held by Selling Firm and is over $10,000,it shall be deposited to: the Selling Firm's pooled trust account (with interest paid to the State Treasurer);or a separate interest bearing trust account in Selling Firm's name,provided that Buyer completes an IRS Form W-9 (if not completed,separate interest bearing trust account).The interest,if any, shall be credited at closing to Buyer.If this sale fails to close,whoever is entitled to the Earnest Money is entitled to interest.Unless otherwise provided in this Agreement,the Earnest Money shall be applicable to the Purchase Price. 22.Title Insurance. a.Title Report.Seller authorizes Buyer,its Lender,Listing Broker,Selling Broker or Closing Agent,at Seller’s expense,to apply for and deliver to Buyer a standard coverage owner’s policy of title insurance from the Title Insurance Company.Buyer shall have the discretion to apply for an extended coverage owner’s policy of title insurance and any endorsements,provided that Buyer shall pay the increased costs associated with an extended policy including the excess premium over that charged for a standard coverage policy,the cost of any endorsements requested by Buyer,and the cost of any survey required by the title insurer.If Seller previously received a preliminary commitment from a title insurer that Buyer declines to use,Buyer shall pay any cancellation fee owing to the original title insurer.Otherwise,the party applying for title insurance shall pay any title cancellation fee,in the event such a fee is assessed. b.Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any supplemental report within the earlier of:(a) days (20 days if not completed)after receipt of the preliminary commitment for title insurance;or (b)the Feasibility Contingency Date.This Agreement shall terminate and Buyer shall receive a refund of the earnest money,less any costs advanced or committed for Buyer,unless within five (5)days of Buyer’s notice of such objections Seller shall give notice,in writing, Page 4 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) of its intent to remove all objectionable provisions before Closing.If Seller fails to give timely notice that it will clear all disapproved objections,this Agreement shall automatically terminate and Buyer shall receive a refund of the earnest money,less any costs advanced or committed for Buyer,unless Buyer notifies Seller within three (3)days that Buyer waives any objections which Seller does not agree to remove.If any new title matters are disclosed in a supplemental title report,then the preceding termination,objection and waiver provisions shall apply to the new title matters except that Buyer’s notice of objections must be delivered within three (3)days of receipt of the supplemental report by Buyer and Seller’s response or Buyer’s waiver must be delivered within two (2)days of Buyer’s notice of objections.The Closing Date shall be extended to the extent necessary to permit time for these notices.Buyer shall not be required to object to any mortgage or deed of trust liens,or the statutory lien for real property taxes,and the same shall not be deemed to be Permitted Exceptions;provided,however,that the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception.Except for the foregoing,those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the “Permitted Exceptions.”Seller shall reasonably cooperate with Buyer and the title company to clear objectionable title matters and shall provide an affidavit containing the information and reasonable covenants requested by the title company.The title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. c.Title Policy. At Closing,Buyer shall receive an ALTA Form 2006 Owner’s Policy of Title Insurance with standard or extended coverage (as specified by Buyer)dated as of the Closing Date in the amount of the Purchase Price,insuring that fee simple title to the Property is vested in Buyer,subject only to the Permitted Exceptions (“Title Policy”),provided that Buyer acknowledges that obtaining extended coverage may be conditioned on the Title Company’s receipt of a satisfactory survey paid for by Buyer.If Buyer elects extended coverage,then Seller shall execute and deliver to the Title Company on or before Closing the such affidavits and other documents as the Title Company reasonably and customarily requires to issue extended coverage. 23.Feasibility Contingency. Buyer’s obligations under this Agreement are conditioned upon Buyer's satisfaction,in Buyer’s sole discretion,concerning all aspects of the Property,including its physical condition; the presence of or absence of any hazardous substances;the contracts and leases affecting the Property; the potential financial performance of the Property;the availability of government permits and approvals;and the feasibility of the Property for Buyer's intended purpose.This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives notice that the Feasibility Contingency is satisfied to Seller before 5:00pm on the Feasibility Contingency Date.If such notice is timely given,the feasibility contingency shall be deemed to be satisfied and Buyer shall be deemed to have accepted and waived any objection regarding any aspects of the Property as they exist on the Feasibility Contingency Date. a.Books,Records,Leases,Agreements. Within days (3 days if not filled in)Seller shall deliver to Buyer or post in an online database maintained by Seller or Listing Broker,to which Buyer has been given unlimited access,true,correct and complete copies of all documents in Seller’s possession or control relating to the ownership,operation,renovation or development of the Property,excluding appraisals or other statements of value,and including the following:statements for real estate taxes,assessments,and utilities for the last three years and year to date;property management agreements and any other agreements with professionals or consultants;leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-suite schedule of tenants,rents,prepaid rents,deposits and fees; plans,specifications,permits,applications,drawings,surveys,and studies;maintenance records, accounting records and audit reports for the last three years and year to date;any existing environmental reports;any existing surveys;any existing inspection reports;and “Vendor Contracts”which shall include Page 5 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) maintenance or service contracts,and installments purchase contracts or leases of personal property or fixtures used in connection with the Property.Buyer shall determine by the Feasibility Contingency Date: (i)whether Seller will agree to terminate any objectionable Vendor Contracts;and (ii)whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts. Buyer’s waiver of the Feasibility Contingency shall be deemed Buyer’s acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate.Buyer shall be solely responsible for obtaining any required consents to such assumption and the payment of any assumption fees.Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to incur any out-of-pocket expenses or liability in doing so.Any information provided or to be provided by Seller with respect to the Property is solely for Buyer’s convenience and Seller has not made any independent investigation or verification of such information (other than that the documents are true,correct,and complete,as stated above)and makes no representations as to the accuracy or completeness of such information,except to the extent expressly provided otherwise in this Agreement.Seller shall transfer the Vendor Contracts as provided in Section 25. b.Access.Seller shall permit Buyer and its agents,at Buyer's sole expense and risk,to enter the Property at reasonable times subject to the rights of and after legal notice to tenants,to conduct inspections concerning the Property,including without limitation,the structural condition of improvements,hazardous materials,pest infestation,soils conditions,sensitive areas,wetlands,or other matters affecting the feasibility of the Property for Buyer’s intended use.Buyer shall schedule any entry onto the Property with Seller in advance and shall comply with Seller's reasonable requirements including those relating to security,confidentiality,and disruption of Seller's tenants.Buyer shall not perform any invasive testing including environmental inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining Seller's prior written consent,which shall not be unreasonably withheld,conditioned or delayed.Buyer shall restore the Property and all improvements to substantially the same condition they were in prior to inspection.Buyer shall be solely responsible for all costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens.Buyer agrees to indemnify and defend Seller from all liens,costs,claims,and expenses,including attorneys'and experts'fees,arising from or relating to entry onto or inspection of the Property by Buyer and its agents,which obligation shall survive closing.Buyer may continue to enter the Property in accordance with the terms and conditions set forth in this Section 23 after removal or satisfaction of the Feasibility Contingency only for the purpose of leasing or to satisfy conditions of financing. c. (check if applicable)Access Insurance. Notwithstanding anything in this Section 23 to the contrary, prior to entering the Property and while conducting any inspections pursuant to subsection (b)above, Buyer shall,at no cost or expense to Seller:(a)procure and maintain commercial general liability (occurrence)insurance in an amount no less than $2,000,000 on commercially reasonable terms adequate to insure against all liability arising out of any entry onto or inspections of the Property that lists Seller and Tenant as additional insureds;and (b)deliver to Seller prior to entry upon the Property certificates of insurance for Buyer and any applicable agents or representatives evidencing such required insurance. d.Buyer waives,to the fullest extent permissible by law,the right to receive a seller disclosure statement (e.g.“Form 17”)if required by RCW 64.06 and its right to rescind this Agreement pursuant thereto. However,if Seller would otherwise be required to provide Buyer with a Form 17,and if the answer to any of the questions in the section of the Form 17 entitled “Environmental”would be “yes,”then Buyer does not waive the receipt of the “Environmental”section of the Form 17 which shall be provided by Seller. Page 6 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) 24.Conveyance. Title shall be conveyed subject only to the Permitted Exceptions.If this Agreement is for conveyance of Seller’s vendee’s interest in a Real Estate Contract,the deed shall include a contract vendee’s assignment sufficient to convey after-acquired title.At Closing,Seller and Buyer shall execute and deliver to Closing Agent CBA Form PS-AS Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 25(b)and all intangible property transferred pursuant to Section 25(b). 25.Personal Property. a.If this sale includes the personal property located on and used in connection with the Property,Seller will itemize such personal property in an Exhibit to be attached to this Agreement within ten (10)days of Mutual Acceptance.The value assigned to any personal property shall be $ (if not completed,the County-assessed value if available,and if not available,the fair market value determined by an appraiser selected by the Listing Broker and Selling Broker).Seller warrants title to,but not the condition of,the personal property and shall convey it by bill of sale. b.In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 24 above,this sale includes all right,title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation:all rights-of-way,rights of ingress or egress or other interests in,on,or to,any land,highway,street,road,or avenue,open or proposed,in,on,or across, in front of,abutting or adjoining the Property;all rights to utilities serving the Property;all drawings,plans, specifications and other architectural or engineering work product;all governmental permits,certificates, licenses,authorizations and approvals;all rights,claims,causes of action,and warranties under contracts with contractors,engineers,architects,consultants or other parties associated with the Property;all utility, security and other deposits and reserve accounts made as security for the fulfillment of any of Seller's obligations;any name of or telephone numbers for the Property and related trademarks,service marks or trade dress;and guaranties,warranties or other assurances of performance received. 26.Seller’s Underlying Financing. Unless Buyer is assuming Seller’s underlying financing,Seller shall be responsible for confirming the existing underlying financing is not subject to any "lock out"or similar covenant which would prevent the lender's lien from being released at closing.In addition,Seller shall provide Buyer notice prior to the Feasibility Contingency Date if Seller is required to substitute securities for the Property as collateral for the underlying financing (known as “defeasance”).If Seller provides this notice of defeasance to Buyer,then the parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different process identified in Seller’s defeasance notice to Buyer. Page 7 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) 27.Closing of Sale. Buyer and Seller shall deposit with Closing Agent by 12:00 p.m.on the scheduled Closing Date all instruments and monies required to complete the purchase in accordance with this Agreement.Upon receipt of such instruments and monies,Closing Agent shall cause the deed to be recorded and shall pay to Seller,in immediately available funds,the Purchase Price less any costs or other amounts to be paid by Seller at Closing.“Closing”shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller.Time is of the essence in the performance of this Agreement.Sale proceeds shall be considered available to Seller,even if they cannot be disbursed to Seller until the next business day after Closing.Notwithstanding the foregoing,if Seller informed Buyer before the Feasibility Contingency Date that Seller’s underlying financing requires that it be defeased and may not be paid off,then Closing shall be conducted in accordance with the three (3)-day closing process described in CBA Form PS_D.This Agreement is intended to constitute escrow instructions to Closing Agent.Buyer and Seller will provide any supplemental instructions requested by Closing Agent provided the same are consistent with this Agreement. 28.Closing Costs and Prorations. Seller shall deliver an updated rent roll to Closing Agent not later than two (2)days before the scheduled Closing Date in the form required by Section 23(a)and any other information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for Closing. Seller certifies that the information contained in the rent roll is correct as of the date submitted.Seller shall pay the premium for the owner's standard coverage title policy.Buyer shall pay the excess premium attributable to any extended coverage or endorsements requested by Buyer,and the cost of any survey required in connection with the same.Seller and Buyer shall each pay one-half of the escrow fees.Any real estate excise taxes shall be paid by the party who bears primary responsibility for payment under the applicable statute or code.Real and personal property taxes and assessments payable in the year of closing; collected rents on any existing tenancies;expenses already incurred by Seller that relate to services to be provided to the Property after the Closing Date;interest;utilities;and other operating expenses shall be pro- rated as of Closing.Seller will be charged and credited for the amounts of all of the pro-rated items relating to the period up to and including 11:59 pm Pacific Time on the day preceding the Closing Date,and Buyer will be charged and credited for all of the pro-rated items relating to the period on and after the Closing Date.If tenants pay any of the foregoing expenses directly,then Closing Agent shall only pro rate those expenses paid by Seller.Buyer shall pay to Seller at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed financing for which Buyer receives the benefit after Closing.Buyer shall pay all costs of financing including the premium for the lender's title policy.If the Property was taxed under a deferred classification prior to Closing,then Seller shall pay all taxes,interest,penalties,deferred taxes or similar items which result from removal of the Property from the deferred classification.At Closing,all refundable deposits on tenancies shall be credited to Buyer or delivered to Buyer for deposit in a trust account if required by state or local law.Buyer shall pay any sales or use tax applicable to the transfer of personal property included in the sale. Page 8 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) 29.Post-Closing Adjustments,Collections,and Payments. After Closing,Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at Closing based upon estimates.Any bills or invoices received by Buyer after Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such bill or invoice.At Buyer's option,Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12%per annum beginning fifteen (15)days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Notwithstanding the foregoing,if tenants pay certain expenses based on estimates subject to a post-closing reconciliation to the actual amount of those expenses,then Buyer shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation.Rents collected from each tenant after Closing shall be applied first to rentals due most recently from such tenant for the period after closing,and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing.The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt.Seller shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after Closing.Any adjustment shall be made,if any,within 180 days of the Closing Date,and if a party fails to request an adjustment by notice delivered to the other party within the applicable period set forth above (such notice to specify in reasonable detail the items within the Closing Statement that such party desires to adjust and the reasons for such adjustment),then the allocations and prorations at Closing shall be binding and conclusive against such party. 30.Operations Prior to Closing.Prior to Closing,Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of Mutual Acceptance but shall not be required to repair material damage from casualty except as otherwise provided in this Agreement.After the Feasibility Contingency Date,Seller shall not enter into or modify existing rental agreements or leases (except that Seller may enter into,modify,extend,renew or terminate residential rental agreements or residential leases for periods of 12 months or less in the ordinary course of its business),service contracts,or other agreements affecting the Property which have terms extending beyond Closing without obtaining Buyer's consent,which shall not be withheld unreasonably. 31.Possession. Buyer shall accept possession subject to all tenancies disclosed to Buyer before the Feasibility Contingency Date. Page 9 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) 32.Seller’s Representations. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the Feasibility Contingency,including in the books,records and documents made available to Buyer,or in the title report or any supplemental report or documents referenced therein,Seller represents to Buyer that,to the best of Seller's actual knowledge,each of the following is true as of the date hereof:(a)Seller is authorized to enter into the Agreement,to sell the Property,and to perform its obligations under the Agreement,and no further consent,waiver,approval or authorization is required from any person or entity to execute and perform under this Agreement;(b)The books,records,leases,agreements and other items delivered to Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding the operation and condition of the Property,are true,accurate and complete to the best of Seller’s knowledge,and no other contracts or agreements exist that will be binding on Buyer after Closing;(c) Seller has not received any written notices that the Property or any business conducted thereon violate any applicable laws,regulations,codes and ordinances;(d)Seller has all certificates of occupancy,permits,and other governmental consents necessary to own and operate the Property for its current use;(e)There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after Closing;(f)There is no pending or threatened condemnation or similar proceedings affecting the Property, and the Property is not within the boundaries of any planned or authorized local improvement district;(g) Seller has paid (except to the extent prorated at Closing)all local,state and federal taxes (other than real and personal property taxes and assessments described in Section 28 above)attributable to the period prior to closing which,if not paid,could constitute a lien on Property (including any personal property),or for which Buyer may be held liable after Closing;(h)Seller is not aware of any concealed material defects in the Property except as disclosed to Buyer before the Feasibility Contingency Date;(i)There are no Hazardous Substances (as defined below)currently located in,on,or under the Property in a manner or quantity that presently violates any Environmental Law (as defined below);there are no underground storage tanks located on the Property;and there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the Property;(j)Seller has not granted any options nor obligated itself in any matter whatsoever to sell the Property or any portion thereof to any party other than Buyer;and (k)Neither Seller nor any of its respective partners,members,shareholders or other equity owners,is a person or entity with whom U.S.persons or entities are restricted from doing business under regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury (including those named on OFAC’s Specially Designated and Blocked Persons List)or under any statute or executive order;and (l)the individual signing this Agreement on behalf of Seller represents and warrants to Buyer that he or she has the authority to act on behalf of and bind Seller. As used herein,the term "Hazardous Substances"shall mean any substance or material now or hereafter defined or regulated as a hazardous substance,hazardous waste,toxic substance,pollutant,or contaminant under any federal,state,or local law,regulation,or ordinance governing any substance that could cause actual or suspected harm to human health or the environment ("Environmental Law").The term "Hazardous Substances"specifically includes,but is not limited to,petroleum,petroleum by-products,and asbestos. If prior to Closing Seller or Buyer discovers any information which would cause any of the representations above to be false if the representations were deemed made as of the date of such discovery,then the party discovering the information shall promptly notify the other party in writing and Buyer,as its sole remedy,may elect to terminate this Agreement by giving Seller notice of such termination within five (5)days after Buyer first received actual notice (with the Closing Date extended to accommodate such five (5)day period),and in such event,the Earnest Money Deposit shall be returned to Buyer.Buyer shall give notice of termination within five (5)days of discovering or receiving written notice of the new information.Nothing in this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly discovered information such that a representation provided for above was false. Page 10 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) 33.As-Is. Except for the express representations and warranties in this Agreement,(a)Seller makes no representations or warranties regarding the Property;(b)Seller hereby disclaims,and Buyer hereby waives, any and all representations or warranties of any kind,express or implied,concerning the Property or any portion thereof,as to its condition,value,compliance with laws,status of permits or approvals,existence or absence of hazardous material on site,suitability for Buyer’s intended use,occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property,including the warranties of fitness for a particular purpose,tenantability,habitability and use;(c)Buyer takes the Property “AS IS”and with all faults;and (d)Buyer represents and warrants to Seller that Buyer has sufficient experience and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections and investigations. 34.Buyer’s Representations. Buyer represents that Buyer is authorized to enter into the Agreement;to buy the Property;to perform its obligations under the Agreement;and that neither the execution and delivery of this Agreement nor the consummation of the transaction contemplated hereby will:(a)conflict with or result in a breach of any law,regulation,writ,injunction or decree of any court or governmental instrumentality applicable to Buyer;or (b)constitute a breach of any agreement to which Buyer is a party or by which Buyer is bound.The individual signing this Agreement on behalf of Buyer represents that he or she has the authority to act on behalf of and bind Buyer. 35.Claims. Any claim or cause of action with respect to a breach of the representations and warranties set forth herein shall survive for a period of nine (9)months from the Closing Date,at which time such representations and warranties (and any cause of action resulting from a breach thereof not then in litigation,including indemnification claims)shall terminate.Notwithstanding anything to the contrary in this Agreement:(a)Buyer shall not make a claim against Seller for damages for breach or default of any representation or warranty, unless the amount of such claim is reasonably anticipated to exceed $25,000;and (b)under no circumstances shall Seller be liable to Buyer on account of any breach of any representation or warranty in the aggregate in excess of the amount equal to $250,000,except in the event of Seller’s fraud or intentional misrepresentation with respect to any representation or warranty regarding the environmental condition of the Property,in which case Buyer’s damages shall be unlimited. 36.Condemnation and Casualty. Seller bears all risk of loss until Closing,and thereafter Buyer bears all risk of loss.Buyer may terminate this Agreement and obtain a refund of the earnest money if improvements on the Property are materially damaged or if condemnation proceedings are commenced against all or a portion of the Property before Closing,to be exercised by notice to Seller within ten (10)days after Seller’s notice to Buyer of the occurrence of the damage or condemnation proceedings.Damage will be considered material if the cost of repair exceeds the lesser of $100,000 or five percent (5%)of the Purchase Price.Alternatively, Buyer may elect to proceed with closing,in which case,at Closing,Seller shall not be obligated to repair any damage,and shall assign to Buyer all claims and right to proceeds under any property insurance policy and shall credit to Buyer at Closing the amount of any deductible provided for in the policy. 37.FIRPTA Tax Withholding at Closing. Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E,or equivalent)that Seller is not a “foreign person”within the meaning of the Foreign Investment in Real Property Tax Act,and Seller shall sign it on or before Closing.If Seller is a foreign person,and this transaction is not otherwise exempt from FIRPTA,Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. Page 11 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) 38.Notices. Unless otherwise specified,any notice required or permitted in,or related to,this Agreement (including revocations of offers and counteroffers)must be in writing.Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker with a courtesy copy to any other party identified as a recipient of notices in Section 18.A notice to Seller shall be deemed delivered only when received by Seller and Listing Broker,or the licensed office of Listing Broker.Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer,with a copy to Selling Broker and with a courtesy copy to any other party identified as a recipient of notices in Section 18.A notice to Buyer shall be deemed delivered only when received by Buyer and Selling Broker,or the licensed office of Selling Broker. Selling Broker and Listing Broker otherwise have no responsibility to advise parties of receipt of a notice beyond either phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in this Agreement.Buyer and Seller shall keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice.If any party is not represented by a licensee,then notices must be delivered to and shall be effective when received by that party at the address,fax number,or email indicated in Section 18.Facsimile transmission of any notice or document shall constitute delivery.E-mail transmission of any notice or document (or a direct link to such notice or document)shall constitute delivery when:(i)the e-mail is sent to both Selling Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page two of this Agreement;or (ii)Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic e-mail reply does not constitute written acknowledgment).At the request of either party,or the Closing Agent,the parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 39.Computation of Time. Unless otherwise specified in this Agreement,any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m.of the last calendar day of the specified period of time,unless the last day is a Saturday,Sunday or legal holiday as defined in RCW 1.16.050,in which case the specified period of time shall expire on the next day that is not a Saturday,Sunday or legal holiday.Any specified period of five (5)days or less shall not include Saturdays,Sundays or legal holidays.Notwithstanding the foregoing,references to specific dates or times or number of hours shall mean those dates,times or number of hours;provided,however,that if the Closing Date falls on a Saturday,Sunday,or legal holiday as defined in RCW 1.16.050,or a date when the county recording office is closed,then the Closing Date shall be the next regular business day.If the parties agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then for the purposes of computing time,mutual acceptance shall be deemed to be on the date of delivery of an accepted offer or counteroffer to the offeror,rather than on the date the legal description is attached. 40.Assignment. Buyer’s rights and obligations under this Agreement are not assignable without the prior written consent of Seller,which shall not be withheld unreasonably;provided,however,Buyer may assign this Agreement without the consent of Seller,but with notice to Seller,to any entity under common control and ownership of Buyer,provided no such assignment shall relieve Buyer of its obligations hereunder.If the words "and/or assigns"or similar words are used to identify Buyer in Section 2,then this Agreement may be assigned with notice to Seller but without need for Seller's consent.The party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement notwithstanding any assignment and,if this Agreement provides for Seller to finance a portion of the purchase price,then the party identified as the initial Buyer shall guarantee payment of Seller financing. 41.Default and Attorneys’Fees. a.Buyer's default. In the event Buyer fails,without legal excuse,to complete the purchase of the Property, then the applicable provision as identified in Section 13 shall apply: Page 12 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) i.Forfeiture of Earnest Money. Seller may terminate this Agreement and keep that portion of the earnest money that does not exceed five percent (5%)of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure. ii.Seller’s Election of Remedies. Seller may,at its option,(a)terminate this Agreement and keep that portion of the earnest money that does not exceed five percent (5%)of the Purchase Price as liquidated damages as the sole and exclusive remedy available to Seller for such failure,(b)bring suit against Buyer for Seller's actual damages,(c)bring suit to specifically enforce this Agreement and recover any incidental damages,or (d)pursue any other rights or remedies available at law or equity. b.Seller's default. In the event Seller fails,without legal excuse,to complete the sale of the Property,then the applicable provision as identified in Section 14 shall apply: i.Recover Earnest Money or Specific Enforcement. As Buyer’s sole remedy,Buyer may either (a) terminate this Agreement and recover all earnest money or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase price;or (b)bring suit to specifically enforce this Agreement and recover incidental damages,provided,however,Buyer must file suit within sixty (60)days from the Closing Date or from the date Seller has provided notice to Buyer that Seller will not proceed with closing,whichever is earlier. ii.Buyer’s Election of Remedies. Buyer may,at its option,(a)bring suit against Seller for Buyer's actual damages,(b)bring suit to specifically enforce this Agreement and recover any incidental damages,or (c)pursue any other rights or remedies available at law or equity. c.Neither Buyer nor Seller may recover consequential damages such as lost profits.If Buyer or Seller institutes suit against the other concerning this Agreement,the prevailing party is entitled to reasonable attorneys'fees and costs.In the event of trial,the amount of the attorneys’fees shall be fixed by the court. The venue of any suit shall be the county in which the Property is located,and this Agreement shall be governed by the laws of the State of Washington without regard to its principles of conflicts of laws. 42.Miscellaneous Provisions. a.Complete Agreement. This Agreement and any addenda and exhibits thereto state the entire understanding of Buyer and Seller regarding the sale of the Property.There are no verbal or other written agreements which modify or affect the Agreement,and no modification of this Agreement shall be effective unless agreed in writing and signed by the parties. b.Counterpart Signatures. This Agreement may be signed in counterpart,each signed counterpart shall be deemed an original,and all counterparts together shall constitute one and the same agreement. c.Electronic Delivery and Signatures. Electronic delivery of documents (e.g.,transmission by facsimile or email)including signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an original.At the request of either party,or the Closing Agent,the parties will replace electronically delivered offers or counteroffers with original documents.The parties acknowledge that a signature in electronic form has the same legal effect as a handwritten signature. d.Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Page 13 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) Section 1031 like-kind exchange,then the other party agrees to cooperate in the completion of the like- kind exchange so long as the cooperating party incurs no additional liability in doing so,and so long as any expenses (including attorneys’fees and costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing.Notwithstanding this provision,no party shall be obligated to extend closing as part of its agreement to facilitate completion of a like-kind exchanged.In addition,notwithstanding Section 40 above,any party completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. 43.Information Transfer. In the event this Agreement is terminated,Buyer agrees to deliver to Seller within ten (10)days of Seller's written request copies of all materials received from Seller and any non-privileged plans, studies,reports,inspections,appraisals,surveys,drawings,permits,applications or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. 44.Confidentiality. Until and unless closing has been consummated,Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and performance of this Agreement.Neither party shall use or knowingly permit the use of any such information in any manner detrimental to the other party. 45.Agency Disclosure. Selling Firm,Selling Firm’s Designated Broker,Selling Broker’s Branch Manager (if any)and Selling Broker’s Managing Broker (if any)represent the same party that Selling Broker represents. Listing Firm,Listing Firm’s Designated Broker,Listing Broker’s Branch Manager (if any),and Listing Broker’s Managing Broker (if any)represent the same party that the Listing Broker represents.If Selling Broker and Listing Broker are different persons affiliated with the same Firm,then both Buyer and Seller confirm their consent to the Brokers’Designated Broker,Branch Manager (if any),and Managing Broker (if any) representing both parties as a dual agent.If Selling Broker and Listing Broker are the same person representing both parties,then both Buyer and Seller confirm their consent to that person and his/her Designated Broker,Branch Manager (if any),and Managing Broker (if any)representing both parties as dual agents.All parties acknowledge receipt of the pamphlet entitled “The Law of Real Estate Agency.” Page 14 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) 46.Seller’s Acceptance and Brokerage Agreement. Seller agrees to sell the Property on the terms and conditions herein,and further agrees to pay a commission in a total amount computed in accordance with the listing or commission agreement.If there is no written listing or commission agreement,Seller agrees to pay a commission of %of the sales price or $ .The commission shall be apportioned between Listing Firm and Selling Firm as specified in the listing or any co-brokerage agreement.If there is no listing or written co-brokerage agreement,then Listing Firm shall pay to Selling Firm a commission of %of the sales price or $ .Seller assigns to Listing Firm and Selling Firm a portion of the sales proceeds equal to the commission.If the earnest money is retained as liquidated damages,any costs advanced or committed by Listing Firm or Selling Firm for Buyer or Seller shall be reimbursed or paid therefrom,and the balance shall be paid one-half to Seller and one-half to Listing Firm and Selling Firm according to the listing agreement and any co-brokerage agreement.Seller and Buyer hereby consent to Listing Firm and Selling Firm receiving compensation from more than one party and irrevocably instruct the Closing Agent to disburse the commission(s)directly to the Firm(s).In any action by Listing Firm or Selling Firm to enforce this Section, the prevailing party is entitled to reasonable attorneys'fees and expenses.Neither Listing Firm nor Selling Firm are receiving compensation from more than one party to this transaction unless disclosed on an attached addendum,in which case Buyer and Seller consent to such compensation.The Property described in attached Exhibit A is commercial real estate.Notwithstanding Section 44 above,the pages containing this Section,the parties'signatures and an attachment describing the Property may be recorded. Listing Broker and Selling Broker Disclosure. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER,THE SELLING BROKER,LISTING BROKER,AND FIRMS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT,BUYER'S OR SELLER'S FINANCIAL STRENGTH,BOOKS,RECORDS,REPORTS,STUDIES,OR OPERATING STATEMENTS;THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS;THE FITNESS OF THE PROPERTY FOR BUYER’S INTENDED USE;OR OTHER MATTERS RELATING TO THE PROPERTY,INCLUDING WITHOUT LIMITATION,THE PROPERTY'S ZONING,BOUNDARIES,AREA,COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS),OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS.SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS,AND ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT. Page 15 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1 3 6 DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) IN WITNESS WHEREOF,the parties have signed this Agreement intending to be bound. Buyer Printed name and type of entity Buyer Printed name and type of entity Buyer Signature and title Buyer Signature and title Date signed Date signed Seller Printed name and type of entity Seller Printed name and type of entity Seller Signature and title Seller Signature and title Date signed Date signed Page 16 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 12/7/2022 Bill Rosenkrantz Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PS_1A Purchase & Sale Agreement Rev. 8/2021 COMMERCIAL &INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) EXHIBIT A * [Legal Description] *To ensure accuracy in the legal description,consider substituting the legal description contained in the preliminary commitment for title insurance or a copy of the Property’s last vesting deed for this page.Do not neglect to label the substitution “Exhibit A.”You should avoid transcribing the legal description because any error in transcription may render the legal description inaccurate and this Agreement unenforceable. Page 17 of 17 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: UA Utility Addendum Rev. 7/2020 UTILITY CHARGES ADDENDUMCBATextDisclaimer:Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. The following is part of the Purchase and Sale Agreement with Reference Date ,20 between Mason County Government (“Buyer”)and 126 KNEELAND STREET LLC (“Seller”)regarding the sale of property located at 126 Kneeland St , Shelton ,WA 98584 (the “Property”). Pursuant to RCW 60.80,Buyer and Seller request the Closing Agent to administer the disbursement of closing funds necessary to satisfy unpaid utility charges affecting the Property.The names and addresses of all utilities providing service to the Property and having lien rights are as follows: Water District:City Of SheltonName e-mail or website (optional) Address City,State,Zip Sewer District:City Of SheltonName e-mail or website (optional) Address City,State,Zip Irrigation District:Name e-mail or website (optional) Address City,State,Zip Garbage:Mason County GarbageName e-mail or website (optional) Address City,State,Zip Page 1 of 2 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: UA Utility Addendum Rev. 7/2020 UTILITY CHARGES ADDENDUM (CONTINUED) Electricity:PUD 3Name e-mail or website (optional) Address City,State,Zip Gas:Cascade Natural GasName e-mail or website (optional) Address City,State,Zip Special District(s): (local improvement districts or utility local improvement) Name e-mail or website (optional) Address City,State,Zip IF THE ABOVE INFORMATION HAS NOT BEEN FILLED IN AT THE TIME OF MUTUAL ACCEPTANCE OF THIS AGREEMENT,THEN (1)WITHIN DAYS (5 DAYS IF NOT FILLED IN)OF MUTUAL ACCEPTANCE OF THIS AGREEMENT,SELLER SHALL PROVIDE THE LISTING BROKER,SELLING BROKER,OR CLOSING AGENT WITH THE NAMES AND ADDRESSES OF ALL UTILITY PROVIDERS HAVING LIEN RIGHTS AFFECTING THE PROPERTY AND (2)BUYER AND SELLER AUTHORIZE LISTING BROKER,SELLING BROKER OR CLOSING AGENT TO INSERT INTO THIS ADDENDUM THE NAMES AND ADDRESSES OF THE UTILITY PROVIDERS IDENTIFIED BY SELLER.SELLER ACKNOWLEDGES THAT THIS ADDENDUM DOES NOT RELIEVE SELLER OF ITS OBLIGATION TO PAY UTILITY CHARGES,BILLED OR UNBILLED OR EVIDENCED BY A RECORDED LIEN OR NOT.THE PARTIES UNDERSTAND THAT NEITHER LISTING BROKER NOR SELLING BROKER IS RESPONSIBLE FOR PAYING UTILITY CHARGES OR FOR INSURING THAT THEY ARE PAID BY ANY OTHER PERSON. Page 2 of 2 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 ALL OTHER TERMS AND CONDITIONS of the Agreement remain unchanged. INITIALS:Buyer Date Seller Date Buyer Date Seller Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: PSA Addendum/Amendment to PSA Rev. 7/2020 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENTCBATextDisclaimer:Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. The following is part of the Purchase and Sale Agreement with Reference Date ,20 (the “Agreement”) between Mason County Government (“Buyer”)and 126 KNEELAND STREET LLC (“Seller”)regarding the sale of the property located at 126 Kneeland St , Shelton ,WA 98584 (the “Property”). IT IS AGREED BETWEEN THE BUYER AND SELLER AS FOLLOWS: 1.Seller shall cover all cost associated with an environmental inspection.Buyer shall direct inspection. Environmental inspection to include but not limited to a Phase 1 and Phase 2 inspection. 2.Seller shall cover all cost associated with the appraisal.Buyer shall direct appraisal.Appraisal shall be a yellow book appraisal. 3.This agreement is contingent up on property appraising.In the event the property fails to appraise at value the buyer may elect to purchase the property at the lower appraised value. 4.This agreement is contingent upon the Mason County Commissioners approval of this purchase and sales agreement,in an open public meeting. 5.Mason County Commissioner Randy Neatherlin is a licensed real estate broker in Washington State. 6.Randy Neatherlin will sign on behalf of Mason County. Page 1 of 1 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer/Lessee Date Seller/Lessor Date Buyer/Lessee Date Seller/Lessor Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: LP_LS Lead-based Paint Disclosure Rev. 7/2020 DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDSCBATextDisclaimer:Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. The following is part of the Purchase &Sale Agreement the Lease/Rental Agreement with Reference Date ,20 between Mason County Government (“Buyer”or “Lessee”)and 126 KNEELAND STREET LLC (“Seller”or “Lessor”)concerning 126 Kneeland St Shelton WA 98584 (“the Property”). Lead Warning Statement—Purchase and Sale Agreements Every purchase of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning.Lead poisoning in young children may produce permanent neurological damage,including learning disabilities,reduced intelligence quotient,behavioral problems and impaired memory.Lead poisoning also poses a particular risk to pregnant women.The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller’s possession and notify the buyer of any known lead-based paint hazards.A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Lead Warning Statement—Lease/Rental Agreements Housing built before 1978 may contain lead-based paint.Lead from paint,paint chips,and dust can pose health hazards if not managed properly.Lead exposure is especially harmful to young children and pregnant women.Before renting pre-1978 housing,lessors must disclose the presence of lead-based paint and/or lead-based paint hazards in the dwelling.Lessees must also receive a federally approved pamphlet on lead poisoning prevention. Seller’s/Lessor’s Disclosure. Seller/Lessor makes the following disclosures: a.Presence of lead-based paint and/or lead-based paint hazards (check one below): Seller/Lessor knows the following lead-based paint and/or lead-based paint hazards are present in the housing. X Seller/Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. b.Records and reports available to the Seller/Lessor:(check one below): Seller/Lessor has provided the Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing,as follows: X Seller/Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. Buyer’s/Lessee’s Acknowledgment.Buyer/Lessee acknowledges that: c.Buyer/Lessee has received copies of all information listed above. d.Buyer/Lessee has received the pamphlet Protect Your Family from Lead in Your Home. e.If this disclosure is being made by Seller as part of a Purchase and Sale Agreement,then Buyer has Page 1 of 2 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 INITIALS:Buyer/Lessee Date Seller/Lessor Date Buyer/Lessee Date Seller/Lessor Date Richard Beckman Realty Group, LLC 117 N. 8th St. Shelton, WA 98584 Phone: 360-426-5521 Fax: 360-426-1645 © Commercial Brokers Association ALL RIGHTS RESERVED Form: LP_LS Lead-based Paint Disclosure Rev. 7/2020 DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDSCBATextDisclaimer:Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. (check one below): X Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. or Accepted an opportunity to conduct a ten (10)day risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards as part of the Feasibility Contingency set forth in the Purchase and Sale Agreement. Licensees’Acknowledgment. Licensees have informed the Seller of the Seller’s obligations under 42 U.S.C. 4582(d)and are aware of their responsibility to ensure compliance. CANCELLATION RIGHTS. If a residential dwelling or housing was built on the Property prior to 1978,this disclosure must be provided to Buyer/Lessee before mutual acceptance of the purchase and sale,rental,or lease agreement.If this disclosure is not provided before mutual acceptance,then Buyer may rescind the purchase and sale,rental,or lease agreement up to three (3)days after Buyer receives this disclosure. Certification of Accuracy.The following parties have reviewed the information above and certify,to the best of their knowledge,that the information provided by the signatory is true and accurate. Buyer/Lessee Date Seller/Lessor Date Buyer/Lessee Date Seller/Lessor Date Selling Broker Date Listing Broker Date Page 2 of 2 Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 1945574 MASON CO WA 08/27/200901:32PM GCD Re ded th any consternareas as Fee ses.coPase.2 car at e Request of and When Recorded Please Return To: Jay A.Goldstein Law Office,PLLC 1800 Cooper Point Rd.SW,Bldg.8 AFFIDAVIT Olympia,WA 98502 NO..1---------- WA R.E.EXCISE TM AUG 27 2009 EXEMPT USA FRAZIER Grantor:Western Steel&Supply,Inc.TTOCIS.,Iviason county Grantee:126 Kneeland Street,LLC Assessor'sTax Parcel ID#:320195302007 and 320195302008 ORIGINAL QUITCLAIMDEED THE GRANTOR,Western Steel &Supply,Inc.,a Washington corporation,in considerationfor the transferby the corporation of all of its interestin real property to its shareholderswho will hold the realproperty togetherin the same pro rata shares they owned in the corporation,and other valuable consideration,conveys and quit claims to 126 Kneeland Street,LLC,a Washington limitedliabilitycompany,the following describedrealestate,situated in the County of Mason,Stateof Washington;togetherwith allafteracquired titleof the grantor therein: LOTS 7 AND 8,BLOCK "B",KNEELAND'S ADDITION TO THE CITY OF SHELTON,MASON COUNTY,WASHINGTON Dated:July &,2009 GRANTOR GRANTOR Oscar Rosenkrantz,President Jill$senkrantz,Treasurer Western Steel&Supply,Inc.Western Steel&Supply,Inc. Authentisign ID: DBBD66DC-6F72-ED11-ADE6-0050F2765AB1DocuSign Envelope ID: C7C2C516-931A-41A6-AC0C-063697AD6351DocuSign Envelope ID: 14DA442D-BC21-4806-B3FB-98699BF42E02 12/7/2022 Authentisign ID: 6C8AC371-FB7B-ED11-AC20-0050F2765AB1 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 19, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☒ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.14 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: January 2022 – December 2026 Collective Bargaining Agreement for Engineers Guild representing Mason County Public Works and Support Services Background/Executive Summary: The exclusive representatives of the Engineers Guild representing Mason County Public Works and Support Services have reached a tentative agreement with Mason County for the 2022-2026 term. It is noted and commended to the Commissioner’s that the parties reached this Agreement through a very collaborative negotiations process. Budget Impact (amount, funding source, budget amendment): Supplemental, funded by Ending Fund Balance. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the January 2022 – December 2026 Collective Bargaining Agreement (CBA) for Engineers Guild representing Mason County Public Works and Support Services. Attachments: CBA on file with Clerk of the Board Mason County Agenda Request Form To: Board of Mason County Commissioners From: Dave Windom Ext. 260 Department: Public Health Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 19, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.15 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Amendment to the Memorandum of Agreement with the Squaxin Island Tribe Background/Executive Summary: This amendment extends the end date of the Memorandum of Agreement (MOA) with the Squaxin Island Tribe to December 31, 2023 and adds clarifying language. Budget Impact (amount, funding source, budget amendment): None Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the amendment to the Memorandum of Agreement (MOA) with the Squaxin Island Tribe to extend the end date to December 31, 2023 and add clarifying language. Attachments: MOA Page 1 of 2 After Recording Please Return to: Mason County Board of Commissioners 411 North 5th St. Shelton, WA 98584 First Amendment to Memorandum of Agreement between Mason County and Squaxin Island Tribe (Memorandum – 2106744, Signed February 22, 2019) This First Amendment to the Memorandum of Agreement (“MOA”) is entered into by and between Mason County (the “County”) and the Squaxin Island Tribe (the “Tribe”). This First Amendment to the MOA is made in consideration of the promises, covenants, and agreements contained herein. AMENDMENT The following replaces Section 5.2 solely as it pertains to Subsections 5.2.1.2 and 5.2.1.3: “5.2 No later than December 31, 2023, the County will provide information to the Tribe about current water uses and future development activities, as follows:” The following replaces Subsection 5.2.1: “5.2.1. For each subbasin, the County will estimate current water uses. The estimate will identify –” The following replaces Section 5.4 in its entirety: “5.4 No later than December 31, 2023, the County shall: (a) prepare as initial case reports for Johns Creek and Goldsborough Creek watersheds that refine and make more realistic the water use projections in Section 5.3 through scrutinizing potential land subdivisions and limitations imposed by the County’s Resource Ordinance, MCC Ch. 8.52; and (b) cooperatively develop with the Tribe a timetable for the County’s development of such reports for the remaining watersheds with instream flows.” The following replaces Section 7.2 and Subsections 7.2.1 and 7.2.2 in their entirety: “7.2 By Dec. 31, 2025, the County shall, pursuant to RCW 36.70A.130(5)(b), have reviewed and revised those portions of its Comprehensive Plan and development regulations as Page 2 of 2 they pertain to water availability, water quantity and/or fisheries. Upon final rulemaking for WRIA 14 from Ecology, the County will incorporate those elements to the Comprehensive Plan and development regulations as required by rule. The County will incorporate Growth Management Act changes to the Comprehensive Plan 2025 update as required by the Legislature. The County will utilize the most recently available data estimates collected pursuant to Sections 5.1, 5.2, 5.3, and 5.4 of this MOA in the development of the comprehensive plan." The following replaces Section 9.1 in its entirety: “9.1 Term and Effect. This Agreement is binding on the Parties and shall remain in effect until December 31, 2023; provided that if any appeal or lawsuit to enforce this Agreement is filed, the Agreement shall remain in effect until resolution of the appeal or lawsuit or any remedies provided through an appeal or lawsuit are performed and completed.” The County will file this First Amendment with the Mason County Auditor as provided under RCW 39.34.040. This First Amendment is accepted as of the revised Effective Date by the Parties whose signatures are set forth below. THIS AGREEMENT is effective upon signature by the Parties below. Mason County Squaxin Island Tribe ________________________________ ________________________________ Hon. Kevin Shutty Hon. Kris Peters Chair Tribal Chair Mason County Board of Commissioners Squaxin Island Tribe DATE: ____________________ DATE: ____________________ Mason County Agenda Request Form To: Board of Mason County Commissioners From: Loretta Swanson & Richard Dickinson Ext. 652 Department: Utilities & Waste Management Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 5, 12, & 19, 2022 Agenda Date: December 20, 2022 Internal Review: ☒ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.16 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Mason County Water/Sewer Utility Rate Increase for 2023 Background/Executive Summary: Utility fee schedules for Rustlewood Water and Sewer System, Beards Cove Water System and North Bay/Case Inlet Sanitary Sewer System are adjusted each year based on the April Consumer Price Index for Goods and Services for the Bremerton Area (CPI-U). The Board wishes to suspend the CPI-U rate increases set forth in Chapter 13 of the County Code and make a one-year adjustment rate of 5% to monthly rates for all County owned water/sewer systems. Budget Impact (amount, funding source, budget amendment): Approved 2023 budget is based on a 9.1% increase and a budget amendment will be necessary some time in 2023. Public Outreach (news release, community meeting, etc.): Notices and reminders will be sent out to affected Property Owners and a News Release with 2023 Fee Schedule will be issued with the fee schedule and posted on the County website. Requested Action: Approval of the Resolution allowing the Board to suspend all 2023 Consumer Price Index (CPI-U) rate increases set by County Code Chapter 13 and make a one-time 5% increase to monthly rates for all County owned water/sewer systems. Attachments: Resolution 2023 Utility Rate/Fee Schedule RESOLUTION NO. __________ 2023 WATER/SEWER RATE INCREASE FOR RUSTLEWOOD WATER & SEWER SYSTEM, BEARDS COVE WATER SYSTEM, NORTH BAY/CASE INLET AND BELFAIR SANITARY SEWER SYSTEM A RESOLUTION SUSPENDING ANNUAL CPI-U UTILITY RATE INCREASES FOR 2023 CALENDAR YEAR WHEREAS, the provisions of water and waste water utility services and activities within Mason County requires collection of fees to operate and maintain these facilities; and, WHEREAS, it is the role and responsibility of Mason County Board of Commissioners to set policy for Water and Sewer Utility Systems, including monthly service rates, connection and permit fees and other related charges sufficient to cover the cost of utility operation, debt and capital improvements; and. WHEREAS, Commissioners adopted resolutions setting monthly service charges, connection fees and permits fees for Rustlewood Water & Sewer System (05-09), Beards Cover Water System (06-09), North Bay/Case Inlet Sanitary Sewer System (146-08 and 36-11), and Belfair Sanitary Sewer System (04-12 and 119-19); and, WHEREAS, the Board of Commissioners wish to suspend the CPI-U rate increase set forth in Chapter 13 of the County Code for the 2023 calendar year and make a one-year adjustment rate increase of 5% on all County water and sewer monthly rates; and NOW THEREFORE, IT IS ESTABLISHED THAT the Board of Mason County Commissioners hereby suspends CPI-U 2023 rates and adopts the rates and fees for 2023 as shown in Exhibit A. DATED this day of 2022. BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST: _______________________________________ _________________________________ KEVIN SHUTTY, Chair MCKENZIE SMITH, Clerk of the Board _______________________________________ APPROVED AS TO FORM: SHARON TRASK, Vice Chair __________________________________ _______________________________________ TIM WHITEHEAD, Ch. DPA RANDY NEATHERLIN, Commissioner EXHIBIT A RUSTLEWOOD WATER & SEWER SYSTEM, BEARDS COVE WATER SYSTEM, NORTH BAY/CASE INLET AND BELFAIR SANITARY SEWER SYSTEM RATE/FEE SCHEDULE 2023 Utility Monthly Rate Miscellaneous Fees Per ERU GP on Empty lot Duplex/unit Connection Fee Re-Connect Fee Grinder Fee Permit Fee Plan Review Comm or subdiv Inspect Fee Re-inspect Fee Shop Rate/hrly RW Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 RW Sewer $118.15 $236.30/$118.15 $6,065.72 $150.00 $75.00 $75.00 $75.00 NBCI Sewer $124.86 $87.40 $174.80/$87.40 $11,954.72 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 BC Water $44.32 $88.64/$44.32 $2,426.30 $50.00 $150.00 $75.00 $75.00 $75.00 Belfair $100.80 $70.53 $11,300.00 $4,937.36 $150.00 $75.00 per hour +mat $75.00 $75.00 $75.00 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 19, 2022 Agenda Date: January 3, 2022 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☒ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.17 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Extension of the temporary promotion of Corrections Support Officer (CSO) Brad McQuade to Alternative Sentencing Unit (ASU) Coordinator until March 16, 2022. Background/Executive Summary: Corrections is experiencing a staffing crisis and do not have the capability for deputies to continue coordinating the ASU. In order to keep the program operational, and ensure deputies are engaged in higher need areas, there is need to temporarily promote CSO Brad McQuade to the ASU Coordinator in accordance with Section 14.3 of the current Collective Bargaining Agreement. Due to Officer McQuade’s experience and coverage of additional duties, compensation is recommended at Step 2 of the Corrections Deputy Range beginning August 8, 2022 when duties began. This temporary promotion would be in effect to March 16, 2022. Budget Impact (amount, funding source, budget amendment): Currently funded position (salary savings) Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the extension for the temporary promotion of CSO McQuade to ASU Coordinator from December 16, 2022 – March 16, 2022 at Corrections Deputy Range Step 2. Attachments: Memorandum of Understanding Memorandum of Understanding Between Mason County Sheriff’s Office And Woodworkers Local Lodge W38 I.A.M. Corrections/Support Staff Temporary Essential Work Promotion The Union, (International Association of Machinist and Aerospace Workers) and the Sheriff’s Office, (Mason County Sheriff’s Office), agree to Temporary Promotion of Brad McQuade. Whereas; Brad McQuade, temporarily be promoted to the Alternative Sentencing Unit (ASU) Coordinator. Whereas; Brad is currently assigned to the ASU and has trained past ASU Coordinators. Considering the exigent circumstances that currently exist at the Mason County Jail, the Union and the Sheriff’s Office feel this is a good alternative to temporarily help keep Corrections Deputy’s in much needed areas and keep the ASU program in operation. Whereas; The Union and the Sheriff’s Office agree that Brad McQuade has extensive knowledge of the ASU, years of service, and the duties of supervising others in the (ASU) program. We came to an agreement that a fair compensation would be a Step 2 Correction Deputy starting August 8, 2022 to cover the additional responsibilities and recognition of experience. Whereas; the Union and the Sheriff’s Office agree to extend the Temporary Promotion no later than March 16th, 2022 and at such time reevaluate any additional needed extensions not to exceed more than three months between evaluation. Whereas; the Union and the Sheriff’s Office agree that this MOU applies only to the Mason County Jail ASU Supervisor Position. Whereas; the Union and the Sheriff’s Office agree that this will be a non-precedence setting event and is only being done due to the staffing crisis that has created the aforementioned exigent circumstances that the Mason County Jail is currently facing. Date December 12, 2022 For the Union For the County Business Rep. Commissioner. Larry A. Bickett Kevin Shutty _____________________ _____________________ Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks & Trails Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): October 3 & December 19, 2022 Agenda Date: January 3, 2023 Internal Review: ☒ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☒ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.18 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Installation of a Foothills Park Fenced Dog Enclosure Background/Executive Summary: In the latter part of September 2022, William Long (Secretary/Treasurer of the Friends of Lake Cushman Dog Park) approached Mason County Parks and Trails, presenting a proposal for an enclosed dog run to be erected at Foothills Park. The group had $9,235.00 to donate for the project's total cost. The proposal was brought to the Mason County Commission, asking the remainder of the total cost, estimated at approximately $18,000, be provided by Mascon County, roughly $8,765. In addition, the group would partner with Mason County Parks and Trails to maintain the enclosure. Additional fencing quotes were needed to complete the process and award the project. Budget Impact (amount, funding source, budget amendment): Quote 1: Patriot Fence LLC $15,919.68 (Lowest Bid) $15,919.68 Quote 2: Grays Custom Fencing $18,884.24 Quote 3: Northwest Fencing $20,543.78 Friends of Lake Cushman Dog Park $9,235.00 Mason County Share $6,684.68 This will be a 2023 REET 2 project Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval to select Patriot Fence, LLC for the installation of a fenced dog enclosure at the Mason County Foothills Park. Attachments: Quotes Fence Quote DATE:10/18/2022 Customer Name: Julie Manley Project Address: Foothills County Park Total feet: 475’ Size of End post: 2-7/8” Size of Line Post: 2-3/8” Size of rail: 1-5/8” Post Depth: 24” Tension wire: At the bottom Barb wire: No Style of fence: Chain link Number of gates: 6 Black or Galvanized: Galv. Height of fence: 6’ Cement Backfill: Yes BID INCLUDES: -Total of 475’ of chain link fence. Material - $7,287.91 -1 gate @6’x16’ -2 gates@6’x12’ Labor - $5,814.65 -3 gate@6’x4’ Contractor service fee - $5,278.72 Not Included in Bid: Option for 4’ tall fence and gates. Total: $16,647.34 Before taxes. Price $18,381.28 Tax $2,162.50 40% Deposit $8,200.00 Total $20,543.78 Northwest Fencing X______________________________________ Date _________________ Customer X______________________________________ Date _________________ Northwest Fencing agrees to install said materials above at stated address, any changes by homeowner, County or City may result in price change. Locates will be called by Northwest Fencing. Any onsite items shall be marked by homeowner as Northwest Fencing is not be responsible for any damage accruing by unmarked lines. All permits will be obtained by homeowner unless otherwise arranged. Northwest Fencing does not remove or dispose of any existing concrete holdings for previous fence posts. A 40% deposit is required for all projects prior to the start of the project. Credit cards will have an added 4% processing fee. The signee (above customer) agrees to pay the remaining balance in full upon job completion. Payments received PAST 7 days are subject to a 10% late fee. ALL QUOTES VALID FOR 7 DAYS* *Due to the instability of the market, if material prices for the above project increase more than 3% after an executed contract and before the completion of said project, Northwest Fencing reserves the right to invoice accordingly at time of installation. Northwest Fencing PO Box 755 Burley, WA 98322 253.313.5239 NORTHW*863DS Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks & Trails Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 19, 2022 Agenda Date: December 20, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☒ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.19 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Updated Mason County Parks and Trails Department's Friends of Mason County Parks and Trails Department Program Background/Executive Summary: The Friends of Lake Cushman Dog Park approached Mason County to partner in the construction of a dog enclosure at Foothills Park. Staff has researched, drafted, and updated Mason County historical documents to accommodate the proposed partnership and future collaborations. In Mason County records, a previous program – the Friends of Mason County Parks & Trails Department Program – was found and updated. Additionally, a draft agreement to accommodate the Program was drafted using the Friends of Lake Cushman Dog Park group as the example. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the updated Mason County Parks and Trails Department's Friends of Mason County Parks and Trails Department Program. Attachments: Updated Friends of Mason County Parks & Trails Department Program Guide Page 1 of 6 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\friends_pro gram_update12192022.docx MASON COUNTY PARKS AND TRAILS DEPARTMENT FRIENDS OF MASON COUNTY PARKS AND TRAILS DEPARTMENT PROGRAM Updated January 2023 Page 2 of 6 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\friends_pro gram_update12192022.docx HOW CAN YOU HELP PRESERVE AND ENHANCE YOUR MASON COUNTY PARKS AND TRAILS? Mason County Parks and Trails Department could use your help in helping us maintain your favorite Mason County Park site. Mason County Parks and Trails Department is currently looking for individuals and groups to become “Friends” of the following Mason County Park sites: •FOOTHILLS PARK •JACOBY – SHORECREST PARK •LATIMERS LANDING •MCRA •SANDHILL PARK •MENARDS LANDING •OAKLAND BAY PARK •TRUMAN GLICK PARK •UNION PARK •WALKER PARK What is a “Friends of the Park” group? It is a group of individuals, park user groups, or private businesses dedicated to helping the County maintain and possibly enhance the park of your choice. The Friends of the Park group achieves its goals by providing information, offering activities, and creating opportunities for the community to invest time and resources in support of the park of your choice. The Friends group will play an active role in the planning and advocacy for the park’s future. Some sample tasks that a “Friends of the Park” group can work on include, but are not limited to: •To develop and maintain a partnership focused on caring for your park among community, park user groups, local businesses, and parks staff •To support and advocate for all park user groups. •To facilitate communication among park user groups. •Advise parks staff on park issues. •Participate in the maintenance management process of the park. •Participate in the park planning and future of the park. •To initiate and coordinate volunteer projects and activities. •To raise funds for park maintenance, park projects, improvements, and activities. •To preserve any existing historic or natural features in the park. •To assist Mason County in keeping your park operating and open to the public. •Assist in projecting future park and trails projects. For more information on the “Friends Program”, contact. Mason County Parks Department. 360-427-9670 #535 (Primary) 360-275-4467 #806 (Secondary) Page 3 of 6 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\friends_pro gram_update12192022.docx COMMISSIONER’S WELCOME On behalf of the Mason County Commissioners and staff, we would like to extend our appreciation for your willingness to participate with the Mason County Friends of Parks Program. Volunteerism is truly the “glue” that keeps our communities together. The programs and activities that are offered to our citizens – supported by your efforts – provide a diverse menu from which both young and old can choose. We are extremely pleased to have you join the County in supporting our parks system and hope that you will enjoy sharing your time and talents with the County. We deeply appreciate your dedication and commitment to the Mason County Parks and Trails Department. Sharon Trask Randy Neatherlin Kevin Shutty Chair Vice-Chair Commissioner MASON COUNTY PARKS AND TRAILS DEPARTMENT MISSION STATEMENT Provide a diverse system of safe, attractive, and professionally maintained parks, trails, and recreation opportunities designed to enhance the quality of life for all who reside in and visit Mason County. INTRODUCTION The following information on the Friends of Mason County Parks and Trails Department has been prepared to assist you with your partnership with Mason County Parks and Trails Department. The information provides some general information about the County that you might find useful and some specific information about your service, including the policies, our mutual responsibilities and expectations, and procedures for recording and reporting hours spent during a Friends of Mason County Parks program. As a Friends of Mason County Parks and Trails Department partner, your primary contact with the County will be either the Parks and Trails Department Manager or the Parks Maintenance Lead. This person will be happy to answer any questions you have regarding your particular assignment or regarding the Mason County Friends of Parks and Trails Program in general. If you have any suggestions about how we may more effectively support your partnership, we hope you will share them with us. Page 4 of 6 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\friends_pro gram_update12192022.docx WORKPLACE POLICIES Drug and Alcohol Policy: It is County policy to maintain a drug and alcohol-free workplace. The possession, use or trafficking of alcohol or drugs in the workplace poses an unacceptable risk to the safe, secure and efficient operation of our organization, and is strictly prohibited. No Smoking Policy: Mason County has designated Mason County Park sites as tobacco free. All park staff, visitors and volunteers are asked to please refrain from smoking on park grounds. Safety Program: It is our policy to provide the maximum degree of safety for our personnel, volunteers and property and to comply with all WSHA (Washington State Industrial Safety and Health Act) and OSHA (Occupational Safety and Health Administration) and Washington Department of Labor and Industries Regulations. We are concerned with protecting your safety and health. You are one of the main contributors to this safety effort. If you notice any hazards or unsafe conditions, please report them to the appropriate individual immediately so that potential accidents can be prevented. Should any actual accident or injury occur on the job, notify the appropriate person immediately so that proper aid may be given and reporting procedures can be followed. All accidents involving property damage or injury, no matter how minor, should be reported. Anti-Harassment Policy, Including Sexual Harassment: It is County policy to foster and maintain a work environment that is free from discrimination and intimidation. Harassment is defined as verbal or physical conduct that demeans or shows hostility or aversion toward another employee, volunteer or member of the public. Examples of prohibited conduct include slurs or demeaning comments to employees, volunteers or members of the public relating to race, ethnic background, gender, sexual orientation, age, or disability. Reporting and Recording of Hours: Volunteer hours reporting: If you perform any volunteer work, please keep track of the number of hours spent on your project. Usually, the County will request that the volunteer or volunteer organization report the total number of volunteer hours served at the conclusion of the volunteer event or program. The County will ask the volunteer or volunteer group to keep track of all volunteer hours on a timesheet, which will be sent to L & I. Page 5 of 6 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\friends_pro gram_update12192022.docx VOLUNTEER RESPONSIBILITIES •Please follow applicable State and Federal laws. •Please support County policies, procedures, and guidelines. •Please follow any applicable safety requirements. •Be professional and courteous to staff, other volunteers, and the public. •Keep track of your hours served. •Attend Friends of Mason County Parks meetings if scheduled. •Report any on-the-job injuries or illnesses, no matter how minor. •Report any problems or unusual situations. •Dress appropriately and according to assignment. •Complete Friends of Parks registration materials and return to County staff. Single Day Volunteer Requirements In the case that a person would like to volunteer for a single day, the membership requirement does not apply. However, a person is only able to volunteer one day over a ninety (90) day period without complying with the membership requirements. In the event a person is volunteering for one day the following action shell be taken: 1.The person will sign a liability weaver 2.Will be assigned oversight of a qualified and registered member who will be responsible for the person at all times 3.Work assignment will not extend into a second day without approval of the Mason County Parks and Trials Manager. 4.There are no exceptions to these requirements. COUNTY RESPONSIBILITIES •Assign you to opportunities that match your ability, interest, experience and skill when available. •Provide orientation relevant to the assignment. •Communicate a clear understanding of assignment responsibilities including dates, times, locations, and other pertinent information. •Communicate information on policies, procedures, and guidelines that affect your assignment. •Provide instruction and work direction from the appropriate person. Page 6 of 6 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\friends_pro gram_update12192022.docx •Promote courteous, professional, respectful and supportive treatment from County staff. •Provide recognition and acknowledgement for Friends of Parks accomplishments. •Meet with Friends of Parks groups to create an action plan for the park that you and your group is interested in. •Provide volunteer registration materials to you or your organization. Mason County Volunteer Application Mason County Parks operates a volunteer program that provides services organization -wide. The purpose of the program is to enable the County to take advantage of the extraordinary reserve of knowledge, talent, and skill possessed by volunteers within our county and to capitalize on these abilities to augment County services. The intent is also to provide a program which involves interested residents in County government while providing them the opportunity to perform work of value in Mason County. The volunteer application is designed to give applicants an opportunity to share their background, experience, interests and skills, enabling the County to make the best possible volunteer placement. Name: (Middle) (Last) (First) Address: City: State: Zip: Home Phone: ( ) Message: ( ) Work: ( ) Email: Are you over the age of 18? Yes No If not, give date of birth: Do you have, or can you obtain, a valid Washington State Driver’s License? Yes No WA state Driver’s License or ID Card # Exp. Date: Availability Long-term Short-term Special Project Circle the Days You Can Be Available for Volunteer Work: Sunday / Monday / Tuesday / Wednesday / Thursday / Friday / Saturday Are you currently certified in CPR? Yes No First Aid? Yes No Name: Address: Phone: ( ) Name: Address: Phone: ( ) Name: Address: Phone: ( ) In Case of Emergency Please Contact: Name: Phone: ( ) In What Particular Areas of Volunteer Work Are You Interested? What General Skills/Experience/Education Would You Like to Share in Your Volunteer Work? References (Do Not List Relatives) Notice to Volunteers Volunteers are not considered to be Mason County employees. Injury Compensation is provided through the Department of Labor & Industries. Volunteer service is considered to be creditable work experience. The data furnished on this form is furnished voluntarily and will be used to contact, interview and place volunteers. SIGNATURE IS REQUIRED To the best of my knowledge, the information herein is true and complete. I understand that falsification of this application is grounds for dismissal as a volunteer. Further I give permission for an authorized representative of the County to conduct a state patrol criminal background check in accordance with RCW 43.43.830-839 and to inquire of individuals about my ability to perform all aspects of the volunteer position for which I am being considered and I release the Mason County and those individuals/institutions that provide information from any liability that may arise from the provision of this information. As a volunteer for the Mason County, I am fully aware that the work associated with being a County Volunteer involves certain risks of physical injury or death. Being fully informed as to these risks and in consideration of my being allowed to participate in the County’s Volunteer Program, I hereb y assume all risk of injury, damage and harm to myself arising from such activities or use of County facilities. I also hereby individually and on behalf of my heirs, executors and assignees, release and hold harmless the Mason County, its officials, employees and agents and waive any right of recovery that I might have to bring a claim or a lawsuit against them for any personal injury, death or other consequences occurring to me arising out of my volunteer activities. I give permission to have my photo taken and used for publicity purposes by the County. I authorize any necessary emergency medical treatment that might be required for me in the event of physical injury and/or accident to me while participating in this program. Signature: Date: If Under 18 Parent or Guardian’s Signature: Date: Mason County Agenda Request Form To: Board of Mason County Commissioners From: John Taylor Ext. 806 Department: Parks & Trails Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 19, 2022 Agenda Date: December 20, 2023 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☒ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.20 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Agreement with the Friends of Lake Cushman Dog Park for Foothills Park Background/Executive Summary: The Friends of Lake Cushman Dog Park approached Mason County to partner in the construction of a dog enclosure at Foothills Park. Staff has researched, drafted, and updated Mason County historical documents to accommodate the proposed partnership and future collaborations. In Mason County records, a previous program – the Friends of Mason County Parks & Trails Department Program – was found and updated. Additionally, a draft agreement to accommodate the Program was drafted using the Friends of Lake Cushman Dog Park group as the example. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the agreement with the Friends of Lake Cushman Dog Park for Foothills Park. Attachments: Friends of Mason County Parks & Trails Department Program Draft Agreement Page 1 of 2 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Friends of Park agreement - Lake Cushman - Dec 2022.docx FRIENDS OF MASON COUNTY PARKS AND TRAILS DEPARTMENT PROGRAM Agreement – Foothills Park & Friends of Lake Cushman Dog Park Purpose: The agreement is to establish a volunteer partnership between Mason County Parks and Trails (MCPT) and Friends of Lake Cushman Dog Park (Friends of LCDP) in order to develop the planned dog park at the Mason County Foothills Park located in Hoodsport, WA and maintain the space after creation. This agreement allows Friends of LCDP to donate funds to the building of the dog park, pet waste control, disposal, and minor maintenance such as trash and dog waste pickup. Responsibilities: MCPT agrees to: 1.Provide education on the MCPT philosophy and management/stewardship practices. 2.Provide staff and logistical support, within budget constraints. 3.Assign a Liaison Officer from Friends of LCDP to MCPTD Friends of LCDP agrees to: 1.Confirm the scope, project dates, times with the Parks management staff of any work party. MCPT management shall be notified at least 72 hours before any work party. The MCPT staff shall retain the final authority to, at any time, evaluate site conditions and amend, add new elements, cancel or alter the scope or schedule of all volunteer projects based on conditions and constraints. 2.Have all volunteers involved in the program agree to a background check and sign a statement they will comply with the requirements outlined in the Friends of Mason County Parks and Trails Department Program guide. 3.Prepare a brief written quarterly report to MCPT which will document the measurable outcomes of the total number of volunteers, hours logged, outside resources contribution and maintenance projects completed. 4.Solicit and identify private funding for materials needed to complete the authorized tasks. 5.Notify MCPT and receive department approval prior to applying for grants in park. Both MCPT and Friends of LCDP: 1.Inform one another of (and when appropriate work together on) media outreach, request for interviews with the media, scheduled media events etc. 2.Review this agreement prior to the expiration date. A revised draft will be created and submitted to each party for approval. Page 2 of 2 C:\Users\MSmith\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\8PXBJRCN\Friends of Park agreement - Lake Cushman - Dec 2022.docx This agreement shall be effective from ________ until ________, This agreement may be terminated in writing by either party. This agreement may be extended at the written consent of both parties. This Memorandum of Agreement is hereby agreed upon by Mason County and Friends of Lake Cushman Dog Park as witnessed by the signatures below: Contact for Mason County: Contacts for Friends of LCDP: John Taylor DEM and Parks Manager 360-427-9670 ext. 806 jtaylor@masoncountywa.gov Mason County Signature: Friends of LCDP Signature: ____________________________ __________________________ Mark Neary, Mason County Administrator Date_________________________ Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☐ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 19, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.21 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Local Assistance and Tribal Consistency Fund (LATCF) Background/Executive Summary: The U.S. Department of the Treasury has launched the LATCF program for eligible Tribal government and eligible Revenue Sharing Counties. Under this program, recipients have broad discretion on uses of funds, similar to the ways they use funds generated from their own revenue sources. Budget Impact (amount, funding source, budget amendment): Mason County is eligible to receive $397,884.65 in funding Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval for the Budget & Finance Manager to submit an application for funding through the Department of the Treasury for Local Assistance and Tribal Consistency Funding (LATCF). Attachments: Summary of Tribal Consultations Relating to the LATCF Mason County Agenda Request Form To: Board of Mason County Commissioners From: Mary Ransier Ext. 422 Department: Human Resources Briefing: ☒ Action Agenda: ☒ Public Hearing: ☐ Special Meeting: ☐ Briefing Date(s): December 19, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☒ Human Resources ☒ Legal ☐ Information Technology ☒ Risk (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 8.22 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Approval of the MOU Bridge Agreement to address holidays and shift differential until the 2022-2024 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 I.A.M Corrections/Support Staff Background/Executive Summary: The exclusive representatives of the Woodworkers Local Lodge W38 I.A.M representing Mason County Corrections and Support Staff have reached a tentative agreement with Mason County for the 2022-2024 term. The agreement states holiday and shift differential does not take effect until signing. This bridge agreement will address the upcoming holidays until a clean copy of the new agreement can be brought to the Board Budget Impact (amount, funding source, budget amendment): Supplemental – funded by Ending Fund Balance. Public Outreach (news release, community meeting, etc.): N/A Requested Action: Approval of the MOU Bridge Agreement to address holidays and shift differential until the 2022-2024 Collective Bargaining Agreement (CBA) for Woodworkers Local Lodge W38 I.A.M Corrections/Support Staff. Attachments: Bridge MOU and Exhibit A of TA’d agreement with PERC mediator Mason County Agenda Request Form To: Board of Mason County Commissioners From: Jennifer Beierle Ext. 532 Department: Support Services Briefing: ☒ Action Agenda: ☒ Public Hearing: ☒ Special Meeting: ☐ Briefing Date(s): November 21, 2022 Agenda Date: November 22 & December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☐ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: 10.1 Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Requests for Supplemental Appropriations and Amendments to the 2022 Budget – 2nd and Final Planned Budget Hearing for 2022 Background/Executive Summary: Requests for supplemental appropriations and amendments to the 2022 budget are attached. This is the 2nd and final planned budget amendments for 2022. Budget Impact (amount, funding source, budget amendment): See Attached Public Outreach (news release, community meeting, etc.): RCW 36.40.100 requires the Board to publish notice in the official county newspaper for two consecutive weeks prior to the budget hearing. Requested Action: Action Agenda: Approval to set a Public Hearing for Tuesday, December 20, 2022 at 9:15 a.m. to consider approval of supplemental budget requests and budget transfers to the 2022 budget. Public Hearing: Approval for adjustments to authorized expenditure appropriations in the General Fund in the amount of $1,518,264 and approval for adjustments to authorized expenditure appropriations in Other Funds in the amount of $2,779,663. Attachments: Resolution Proposed 2022 Budget Amendment # 2 ORDER 2022 BUDGET IN THE MATTER OF: BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENTS – NOTICE OF HEARING RESOLUTION NO. 2022-088 DATED AND PASSED: NOVEMBER 22, 2022 FOR BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENTS: WHEREAS, a notice was published and a public hearing was held in accordance with RCW 36.40.100 and RCW 36.40.195 and with Resolution No. 2022-088 (see Attachment A which is incorporated as part of this order). THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY hereby approves adjustments to authorized expenditure appropriations in the General Fund in the amount of $1,518,264 and approves adjustments to authorized expenditure appropriation to funds other than the General Fund in the amount of $2,779,663 as provided in Attachment A to this order. PASSED in open session this 20th day of December, 2022. ATTEST: _________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: _________________________ Tim Whitehead, Chief DPA CC: Auditor Financial Services Treasurer BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ______________________________ Kevin Shutty, Chair ______________________________ Sharon Trask, Commissioner ______________________________ Randy Neatherlin, Commissioner RESOLUTION NO. 2022 BUDGET BUDGET SUPPLEMENTAL APPROPRIATIONS AND AMENDMENT REQUESTS - NOTICE OF HEARING WHEREAS, by reason of conditions which could not be reasonably foreseen at the time of making the budget for the year 2022, it is necessary to make provisions for supplemental appropriations and amendments to the budget as required by RCW 36.40.100, and RCW 36.40.195; and WHEREAS, the revenue and expenditure adjustments to County funds, as listed in Attachments A & B to this Resolution, are required in order to incorporate into the budget the revenues and expenditures now identified, which were not known at the time of original budget adoption; and WHEREAS, the net total of adjustments to 2022 authorized expenditure appropriations in the General Fund is an increase of $1,518,264; and WHEREAS, the net total of adjustments to 2022 authorized expenditure appropriations in funds other than the General Fund is an increase of $2,779,663; and THEREFORE, BE IT RESOLVED BY THE Board of Mason County Commissioners: That the 20th day of December, 2022 at the hour of 9:15 a.m., in the Mason County Commissioners Chambers in Courthouse Building I, 411 North 5th Street, Shelton, Washington, is hereby fixed as the time and place for a public hearing upon the matter of Budget Amendment Requests to the 2022 Budget as provided in Attachments A & B to this Resolution. Contact person: Jennifer Beierle, Budget Manager, (360) 427-9670 ext. 532 A copy of this resolution and the proposed a mendments to the 2022 budget is available by contacting Toni Monnier at (360) 427-9670 ext. 644. The Clerk of the Board is hereby authorized, empowered, and directed to cause notice of such hearing to be published as provided by law. DATED this 20th day of December, 2022 ATTEST: ____________________________ McKenzie Smith, Clerk of the Board APPROVED AS TO FORM: ____________________________ Tim Whitehead, Chief DPA CC: Auditor – Financial Services Publish 2x 12/1 & 12/8 bill to Commissioners, 411 North 5th Street, Shelton BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON _________________________________ Kevin Shutty, Chair _________________________________ Sharon Trask, Commissioner _________________________________ Randy Neatherlin, Commissioner ATTACHMENT A TO RESOLUTION NO. _________ 2022 BUDGET AMENDMENT #2 DETAIL LINE FUND NO. FUND NAME DEPARTMENT 2022 REVENUE CHANGE 2022 EXPENDITURE CHANGE DESCRIPTION 1 001 GENERAL FUND AUDITOR 5,903 INCENTIVE PAY FOR CFO JULY‐DEC 2022 2 001 GENERAL FUND EMERGENCY MANAGEMENT 37,408 64,011 DIVE TEAM COSTS OF $10,740, SHSP GRANT $20,441, EMPG GRANT $16,967, & CODERED STARTUP FEES OF $15,863 3 001 GENERAL FUND FACILITIES & GROUNDS 20,000 INCREASE IN FUEL COSTS $10K & JANITORIAL SUPPLIES $10K 4 001 GENERAL FUND HUMAN RESOURCES/RISK MANAGEMENT 20,000 CONTRACT INCREASE WITH CABOT‐DOW FOR CONTRACT NEGOTIATIONS 5 001 GENERAL FUND CLERK 600,000 600,000 REIMBURSEMENT FROM AOC FOR BLAKE DECISION REFUNDS 6 001 GENERAL FUND COMMISSIONERS 10,000 STATE RETIREMENT, MEDICAL INSURANCE, & WA PAID FMLA UNDERBUDGETED 7 001 GENERAL FUND SUPPORT SERVICES 38,000 EARLY 2022 SUCCESSION PLANNING OF COUNTY ADMINISTRATOR POSITION 8 001 GENERAL FUND DISTRICT COURT 45,000 45,000 REIMBURSEMENT FROM AOC FOR BLAKE DECISION REFUNDS 9 001 GENERAL FUND PARKS & TRAILS 34,100 PURCHASE OF GOOSE NECK EQUIPMENT TRAILER BRIEFED ON 10/17/22 $15,100, INCREASED FUEL COSTS OF $10K, & INC COSTS OF DUMP TRUCK OF $7K, SANICAN RENTAL INC $2K 10 001 GENERAL FUND CORONER 79,000 INC IN EXTRA HELP OF $15K & INC IN FORENSICE PATHOLOGY COSTS EST AT $61K, INCREASED FUEL COSTS OF $3K 11 001 GENERAL FUND SHERIFF 210,813 VEHICLE UPFITS COMPLETED IN 2022 & BUDGETED FOR IN 2021 $140,813, FUEL COST INC $70k 12 001 GENERAL FUND SUPERIOR COURT 42,350 NEW FTE POSITION OF ADMINISTRATIVE SECRETARY & MISC COURT COMMISSIONER INCREASE 13 001 GENERAL FUND NON DEPARTMENTAL 38,520 349,087 LOBBYING SERVICES $48k & MUNICODE COST INCREASES APRX $11,500, VIDEO RECORDED MEETINGS $2K, LET PASSED THROUGH TO DOR $38,520, PROPERTY INS INC $249,067 14 105 COUNTY ROAD 180,000 TRANSFER IN FROM FUND 480 TO CLOSE OUT THE FUND 15 117 COMMUNITY SUPPORT SERVICES 1,300,000 1,300,000 DOC HEN GRANT AWARD 16 141 SHERIFF'S BOATING PROGRAM 65,000 BOAT TRAILER & NORTHRIVER BOAT PURCHASE 17 150 COMMUNITY SERVICES HEALTH 600,000 600,000 FOUNDATIONAL PUBLIC HEALTH FUNDING $450K & LHJ COVID OFM GRANT $150K 18 350 REET 1 1,311 TRANSFER OUT OF ARPA TO REET 1 AS REIMBURSEMENT FOR 2021 PROSECUTOR'S OFFICE REMODEL EXPENSE 19 350 REET 1 297,663 PURCHASE OF BUILDING #11 & LAND FROM MASON COUNTY PUD 3 20 402 MASON COUNTY LANDFILL 12,000 SOLID WASTE ATTENDANT II FTE POSITION Page 1 of 2 ATTACHMENT A TO RESOLUTION NO. _________ 2022 BUDGET AMENDMENT #2 DETAIL LINE FUND NO. FUND NAME DEPARTMENT 2022 REVENUE CHANGE 2022 EXPENDITURE CHANGE DESCRIPTION 21 412 BEARDS COVE WATER 255,000 TRANSFER IN FROM FUND 429 TO CLOSE OUT THE RESERVE FUND 22 429 BEARDS COVE RESERVE 33,303 255,000 TRANSFER OUT TO FUND 412 TO CLOSE OUT THE FUND 23 480 STORM DRAIN SYSTEM DEVELOPMENT 1,251 180,000 TRANSFER OUT TO FUND 105 TO CLOSE OUT THE FUND 24 500 INFORMATION TECHNOLOGY 70,000 PURCHASE OF APPROXIMATELY 392 OFFICE 365 LICENSES COUNTYWIDE GENERAL FUND TOTAL 720,928 1,518,264 OTHER FUNDS TOTAL 2,370,865 2,779,663 ALL FUNDS GRAND TOTAL 3,091,793 4,297,927 Page 2 of 2 Mason County Agenda Request Form To: Board of Mason County Commissioners From: Marissa Watson Ext. 367 Department Community Development: Briefing: ☐ Action Agenda: ☐ Public Hearing: ☒ Special Meeting: ☐ Briefing Date(s): October 24, 2022 Agenda Date: December 20, 2022 Internal Review: ☐ Finance ☐ Human Resources ☒ Legal ☐ Information Technology ☐ Other (This is the responsibility of the requesting Department) Below for Clerk of the Board’s Use Only: Item Number: __________ Approved: ☐ Yes ☐ No ☐ Tabled ☐ No Action Taken Ordinance/Resolution No. __________ Contract No. __________ County Code: __________ Item: Mason County Code Title 17 – Zoning code amendments, chapters 17.01 through 17.06, Allyn UGA code chapters 17.10 through 17.15, Belfair UGA code chapters 17.20 through 17.35, and minor amendments to MCC Title 8.52 in particular chapters 8.52.060 – Long Term Commercial Forest Lands, 8.52.061 – Agricultural Resource Lands, 8.52.070 – Inholding Lands, and 8.52.110 - Wetlands. Background/Executive Summary: Minor updates to various sections of the code have been made over the years, but no comprehensive cleanup. Review concentrated on rural land development regulations as well as Urban Growth Areas code. The Shelton UGA code was reviewed during this process but at this time staff does not have any recommended changes. It is the intention of staff to work with the City of Shelton during the Comprehensive Plan update to also update the Shelton UGA regulations with the intention of better cohesion between the City and County’s code. Changes made to the Mason County Resource Ordinance (RO) are minor with revisions in Title 17 requiring an update to 8.52. Staff has also utilized 17.03.031 to recommend language in regard to development requirements and connection to a Group A public water system required when developing within UGA boundaries. Please see the Amendment/Comment Matrix for a comprehensive list of changes. Budget Impact (amount, funding source, budget amendment): N/A Public Outreach (news release, community meeting, etc.): Staff and the PAC held three public workshops and one public hearing which were advertised according to the notification requirements of Title 15.07.030. The public hearing with the BOCC will be advertised in the Shelton-Mason County Journal and on the appropriate BOCC agenda located on the County homepage. Requested Action: Action Agenda: Approval to set a Public Hearing for Tuesday, December 20, 2022 at 9:15 a.m. to review and approve amendments to Mason County Code Title 17 and Title 8.52. Mason County Agenda Request Form Public Hearing: Approval of the Resolution adopting amendments to Mason County Code Title 17 and Title 8.52 as outlined in attachments A, B, C, and D. Attachments: Amendment/Comment Matrix, Ordinance, Attachments A, B, C, and D. Non-Project SEPA Checklist/DNS and 60-day Notice to Commerce. Amendment Matrix Wednesday, June 29, 2022 1:44 PM Title 17 - Zoning Code (may include changes to other titles) Title, Chapter & Section Reason for proposed revision Amended Language/Reference MCC 17.02.026- Allyn UGA Additional reference only The Allyn UGA is a "stand-alone" area not affiliated with any incorporated city. Development regulations for this area are intended to accommodate existing land use patterns and densities, while planning for future growth. Allyn UGA has separate zoning and development regulations in sections MCC 17.10 through MCC 17.15. 17.02.036-Long- term commercial forests; mineral resource lands. Additional reference only These land designations are intended to recognize and protect unique resources that, due to the nature of their operations, are sensitive to abutting land uses. This chapter sets forth regulations intended to minimize the impact of intrusion of less compatible land uses upon these land use types. Development regulations for long-term commercial forest lands and mineral resource lands are located in MCC 8.52.060 and MCC 8.52.090 of the Mason County Resource Ordinance. 17.02.038- Agricultural Resource Lands. Additional reference only This designation is intended to recognize and protect unique resources that, due to the nature of their operations, are sensitive to abutting land uses. This chapter sets forth regulations intended to minimize the impact of intrusion of less compatible land uses upon the resource use of the land. Development regulations for agricultural resource lands are located in MCC 8.52.061 of the Mason County Resource Ordinance. 17.02.049- Inholding Lands. Additional reference only Inholding lands are lands surrounded by long-term commercial forests, but which are not suitable due to parcel size or other constraint for that purpose. Inholding lands may be developed, but only in a manner which assures the viability of the abutting forest land. Development regulations are located in MCC 8.52.070 of the Mason County Resource Ordinance. 17.02.041(5)- Rural Residential This designation was to ensure "existing" multi-family residential developments in rural areas that were established prior to this code were able to continue/repair/replace without the limits of being defined as legal non- conforming. Rural Multi-Family (RMF). This district provides for designates existing multi-family residential development including mobile home parks. New RMF zoning designations are prohibited. Elimination of F.A.R (multiple areas in Title 17) Floor area ratio is not used when reviewed by planners, instead setbacks, density requirements, critical areas, stormwater regulations determine the lot coverage. It is confusing to the public to include a provision that is not utilized. Floor area ratio usage makes sense in an urban area rather than the rural. Please see redlined code. 17.02.043-Rural Commercial Again deletion of F.A.R in rural lands development regulations There are four types of rural commercial districts. These districts provide for a variety of commercial areas reflecting the diversity of existing business areas. Parcels with this designation that are located within RACs, hamlets, ICIAs, and other areas designated under RCW 36.70A.070(5)(d)(i) ("Dl LAMIRDs") shall be principally designed to serve the existing and projected rural population. The county's primary method of such design is to limit building size, and height, and floor to area ratios so that businesses of such size and intensity will ordinarily be oriented towards primarily serving the existing and projected rural population. Isolated LAMIRDs ("D2 and D3 LAMIRDs") of a commercial nature are not required to be principally designed to serve the rural population. These isolated commercial LAMIRDs, however, shall protect rural character, which is defined at RCW 36.70A.030(1423), by containing and limiting rural development, by not being in conflict with surrounding uses and by assuring that such development is visually compatible with the surrounding area. The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, and height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. 17.02.045-Rural Industrial See above The rural industrial district provides for isolated areas of primarily existing industrial type uses. Rural industrial is not required to be principally designed to serve the existing and projected rural population. However, isolated LAMIRDs ("D2 and D3 LAMIRDs") of an industrial nature shall protect rural character, which is defined at RCW 36.70A.030(14 23), by containing and limiting rural development, by not being in conflict with surrounding uses, and by assuring that such development is visually compatible with the surrounding area. The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, and height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. 17.02.047-Rural Tourist See above The rural tourism (RT) and rural tourist - campground (RTC) districts provide small scale recreational and tourist-related activities in addition to tangential commercial services to tourists and adjacent rural populations. Parcels with this designation that are located within RACs, hamlets, ICIAs, and other areas designated under RCW 36.70A.070(5)(d)(i) ("D1 LAMIRDs") shall be principally designed to serve the existing and projected rural population. The county's primary method of such design is to limit building size, and height, and floor to area ratios so that businesses of such size and intensity will ordinarily be oriented towards primarily serving the existing and projected rural population. Isolated LAMIRDs ("D2 and D3 LAMIRDs") of a tourist nature are not required to be principally designed to serve the rural population. These isolated commercial LAMIRDs, however, shall protect rural character, which is defined at RCW 36.70A.030(1423), by containing and limiting rural development, by not being in conflict with surrounding uses and by assuring that such development is visually compatible with the surrounding area. The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, and height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. 17.02.060- Development Areas Map. Addition of reference to GIS map layers for designation of parcels, rather than just the physical map. The County has more applicants accessing mapping online rather than physical maps kept in office. The location and boundaries of the development area districts (zoning) established by this title are established as a series of GIS layers (“layers”) on the Mason County GIS (gis.masoncountywa.gov/mason). As indicated on a series of maps entitled "Mason County Development Areas Maps Panel 1 of 10 through Panel 10 of 10," a copy of which shall be on file in the Mason County department of community development. These The public web-based GIS is adopted as a part of this title insofar as it indicates such designations, locations and boundaries of zoning districts, and shall be deemed to be part of this title. The zoning designation on the development areas maps layers are deemed to be the original zoning designation of those parcels based on their use as of July 1, 1990, and all subsequently approved rezones through May 20, 2008 to the present. The boundaries and locations of all development areas within the county shall be as shown on these layers this map; however, where land use designations shown do not reflect the latest use designations, then the latest use designations shall guide pending revision of the development areas layers map. All future rezones must meet the rezone criteria. Except to correct scrivener's errors, expansions of a zoned area may only occur by rezone, where allowed by this chapter, and may not be allowed by boundary line adjustment or other mechanism. Wherever possible, boundaries shown on the map layers are drawn along property lines, or along generally recognized physical features. The administrator shall have sole authority to settle any dispute as to the actual location of a development area boundary shown on the layer map, using the best information available. 17.03.010- Permitted Uses, generally. Unnecessary, 17.03.036 has been deleted partially and the remainder placed at the end of 17.04. Portions of 17.03.036 have not been utilized because they only apply to Agricultural Resource Lands, Long Term Commercial Forest Lands, and Inholding Lands and the Resource Ordinance already regulates those designations. It is the intent of this chapter to provide the maximum amount of flexibility in the siting of differing types of land uses. For this reason, the performance standards and buffer yard requirements found at Section 17.03.036 have been developed. However, both the comprehensive plan and this chapter recognize that some uses and densities will create inherent conflicts with surrounding land uses, and with the intent of the comprehensive plan. Thus, some uses are prohibited in some areas, and the intensity of some uses (such as residential, expressed in dwelling units per acre, and industrial, expressed in floor area ratio) are restricted in others. Many of the requirements that apply to rural lands have been placed in Chapter 17.04 17.03.020-Matrix of Permitted Uses No need for matrix of permitted uses because each zoning district establishes the permitted uses and staff references the specific zone when evaluating if a use is allowed; staff wants to retain the list as it pertains to uses prohibited as cottage industries since enforcement utilizes when sending notices of violation. The intent of this section is to assist proponents and staff in determining whether a proposed land use is consistent with the 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 the urban or resource land areas in Mason County; note that the public should consult the specific adopted urban growth area plan for land use designation as permitted or prohibited. Permitted uses, as they apply to rural lands, have been placed in Chapter 17.04. All uses not listed as permitted uses, accessory uses, or special permit uses in the matrix or Chapter 17.04 are prohibited uses. 17.03.021- Cottage Industries Many cottage industries attract customers and the code already allows ten (10) vehicles on a parcel (without being a nuisance). Unless noted by an asterisk (*)listed in Figure 17.03.021, any use shown in Figure 17.03.020 is permitted, subject to Department review, in any development area as a home-based occupation, or as a cottage industry. The activity shall comply with the criteria in RU524A, and shall be required to obtain a special use permit unless it compliesy with the following standards: (1) On-site pParking areas shall be accommodated for up to 10 vehicles for residents, customers and employees only; any provision for additional parking shall require a special use permit; Figure 17.03.020- Matrix of Permitted Uses. See above Mason County Matrix of Permitted Uses change to "Uses Prohibited as Cottage Industries", add "RV Repair" to the list of prohibited uses. See redline code. 17.03.024 - Residential Uses as Special Uses Airport overlay districts have their own regulations and would be referenced. Setbacks from railroads would be evaluated on a case by case basis. On any lot abutting a railroad track or airport, a special use permit shall be required for a residential use of that property. A residential dwelling located more than one hundred fifty feet from such a facility shall be exempt from this requirement, if the lot upon which the dwelling is to be placed is located within an urban growth area. 17.03.028 - Essential public facilities This is already outlined in each zoning district, repetitive and never referenced when reviewing. Essential public facilities shall require a special use permit in any development area. 17.03.029- Accessory Dwelling Unit Requirements In an effort to provide flexibility in the housing market and flexibility when applicants wish to convert an existing house to the ADU, we are proposing amendments. Staff has found that 1,000 sf, especially in the case of conversions, is usually hard for applicants to meet without having to convert a good portion of the space to unheated…non-habitable space. A recent Housing Needs Assessment the County had drafted by FCS Group suggested ADU size increases as a regulation change in support of greater housing options. (4) The ADU shall not exceed eighty percent of the area of the primary residence or one thousand two hundred 1,200 square footage feet, whichever is smaller. An existing residence can be converted to an ADU with the development of a new primary residence, the ADU shall not exceed eighty percent of the area of the primary residence and up to one thousand five hundred (1,500) square feet; of the habitable area of the primary residence or one thousand feet, whichever is smaller 17.03.030 - Development Requirements and Performance Standards The Shelton UGA was inadvertently left out of this section when it was last updated. (1) New Lots. (a) No new lots will be created within the boundaries of the Belfair, Shelton, and Allyn UGAs, which employ individual or community/group on-site sewage disposal systems except when the following circumstances may apply: (b) All residential subdivisions created after the adoption of this chapter shall have a maximum residential density of four units per gross acre in the R-4 zone and five units per gross acre in the R-5 zone consistent with MCC 17.22.010 and MCC 17.22.060. The R-10 zone shall have a minimum density of ten units per net developable acre as described in 17.22.110. (b) Location of sewer lines will be prelocated and easements established in conformance with the sewer analysis plan and as illustrated on the Belfair UGA Build-Out Sewer Connection Map. (2) Existing Lots of Record. (a) No new development or redevelopment on existing lots of record in the Belfair, Shelton, and Allyn UGAs shall be allowed using individual or community/group on-site septic systems except that: (1) It complies with all requirements and specifications of the Mason County Department of Community Services Environmental Health, and the Mason County Department of Utilities and Waste Management, and (8) Agreement to decommission the onsite septic system and connect to public sewer within ninety days of the public sewer system extending to within two five hundred feet of the subject property's nearest property line. The cost of any connection/extension required will be borne by the property owners. The developer of an extension may collect reasonable latecomer's fees for off-site improvements. (b) All residential, industrial and commercial structures, currently using on-site disposal systems, will be required to connect to public sewers once a public system is extended to within two five hundred feet of the closest property line regardless of the timing of the original on-site installation. The cost of any extension required will be borne by the property owners. The developer of an extension may collect latecomer's fees for off- site improvements. (3) Existing Lot Consolidation or Boundary Adjustment. Within the Belfair, Shelton, and Allyn UGA, consolidation of existing residential lots to form a single lot greater than eight thousand square feet will not be allowed except to the extent that site conditions and site constraints impede the individual development of the lots combined by the consolidation, in accordance with subsection (2) above. 17.03.031 - Binding site plan require in the Belfair UGA (Southern Connection- Long-term UGA Zone) Deletion of language regarding "binding site plan", no longer relevant. Replacing section with language regarding development requirements - requirement to connect to public water system. 17.03.031 Development requirements – connection to Group A public water system required within UGA boundaries. The following development requirements apply to all property proposed for development, which is within the boundary of Mason County's Urban Growth Areas (UGA). (a) No new individual, two-party, or Group B private water sources shall be established in areas where water is available from an existing Group A public water system or within the service area of an existing Group A public water system. (b) Alternative water service shall be permitted on an interim basis, only if service from a Group A public water system cannot be provided in a timely and reasonable manner. (1) Interim water service from an existing Group B public water purveyor or the development of an individual well may be allowed with the following findings: (A) The applicant has submitted verification in writing of water availability from the water system Group A purveyor, as well as a letter from the same purveyor that demonstrates to the Community Development Department that receiving water from the purveyor at the time of construction is unfeasible and thus cannot be provided in a timely and reasonable manner as outlined by the process provided below: (i) The purveyor states in writing that it is unable or unwilling to provide service, or within 120 days, the purveyor and applicant are unable to negotiate an agreement on the schedule and terms providing service. The 120 day period commences at the first meeting between the purveyor and the applicant. Written confirmation of an agreement between the applicant and purveyor must be reached by the end of the 120 day period. (ii) If the applicant is unable to acquire a response from the purveyor, a certified letter to the purveyor requesting service shall serve as notice of the 120 day negotiation start date. (B) The applicant has provided a certificate of future connection from the appropriate Group A water purveyor that certifies that an irrevocable agreement has been entered into with the purveyor providing that the property shall be connected to the purveyor's water system upon availability of such water service and that the property owner shall pay all costs of connection. The applicant agrees to decommission any well that is abandoned in the process of connection to a Group A water system in conformance with applicable state law, WAC 173-160. This certificate shall be recorded in the real property records of Mason County and shall be a permanent condition on the property running with the land until such time as the costs for connection are fully paid to the purveyor. See redline version for deletions to "binding site plan" language 17.03.032- Development Densities and Dimensional Requirements Clarifications only and deletion of F.A.R which was discussed up above. (a) Development Densities. Development densities for residential development are calculated as the allowed number of dwelling units per acre (DU/ac). For nonresidential development, development densities are calculated as the amount of building floor area allowed per gross acre of land, the "floor area ratio" (FAR). For all development areas within the county development densities are shown in Figure 17.03.032 or are included in Chapter 17.04 for rural lands and Chapter 8.52 for resource lands. (3) (A) Except through an approved subdivision or performance subdivision, pursuant to Mason County Code Title 16, or through the provisions of subsection (b)(3)(B), (3)(C), or (3)(D) of this section, no residential lot of less than the standard residential density may be created or reduced in size except through the provisions of subsection (b)(3)(C)(iv). The allowed residential density (allowed number of dwelling units) of the entire original property is allocated to the lots created. For example, in the Rural Residential 5 Zone, the standard residential density is one dwelling unit per five acres. Therefore, a rural area property or parcel of twenty acres might be divided into three lots of two acres each and one lot of fourteen acres, provided that the fourteen-acre lot would have the right to only one dwelling, and could not be further subdivided for residential purposes; 17.03.032- Development Densities and Dimensional Requirements Clarifications 17.03.032(b)(3)(C)(iv) Boundary line adjustments in the Rural Residential 5, 10, and 20 districts may reduce the size of a lot to below the development density standard (5, 10, or 20 acres), provided that development density is not increased. For, example, in a Rural Residential 5 zone, a BLA between a 5 acre lot and a 7 acre lot cannot create a two-acre lot (minimum allowed lot size) and a 10 acre lot as the 10 acre lot would appear to have additional density;: the adjustment is solely for the purpose of resolving issues of encroachments by buildings or other improvements; the administrator finds sufficient evidence of the encroachment and the proposed adjustment is the minimum necessary to resolve the issue, or a court must order the change; and the resulting lot has a sufficient area and dimension to meet minimum requirements for width and area for a building site, exclusive of all setback, buffer, and open space requirements, to accommodate a residence, driveway, parking, and, where required, a well, stormwater system, and septic system and reserve area; 17.03.032- Development Densities and Dimensional Requirements Buffer yard language and standards are now in 17.04 17.03.032(b)(4) Title 16, Mason County Code, regulates land divisions in Mason County and establishes a review process by which all applicable regulations can be addressed. The allowable size and configuration of any given lot in a land division is determined through this process. Issues to be considered in establishing a minimum size for any particular lot shall include adequate provisions for buffer yards and,as setbacks as set forth in Section 17.03.036 or setbacks in Chapter 17.04. 17.03.032- Development Densities and Dimensional Requirements This information is found in each "zone, district, designation" of the rural lands, urban growth area plans, and resource ordinance. 17.03.032(c) Dimensional Requirements. Dimensional requirements include setbacks, building height restrictions, and maximum allowed lot coverage. These requirements for each development area are set forth in Figure 17.03.032; consult the specific adopted urban growth area plan for density and dimensional requirements for the applicable zone designation. Maximum height restrictions shall not apply to storage silos, antennas, transmission towers, water tanks on lands in all zones and on resource lands; and shall not apply to incineration facilities, boilers, electrical or generating plants, or industrial facilities on lands zoned as industrial areas. Elimination of figure 17.03.032 Development Densities; Dimensional Requirements 17.03.033- Performance Based Density Bonuses. Unnecessary, already addressed in 17.04, Title 16, and 17.03.037. 17.03.033 Performance based density bonuses Where they are greater than the standard residential densities, the "Maximum Residential Densities" shown in Figure 17.03.032 and in Chapter 17.04 may be achieved only through the use of the performance standards set forth in this chapter and in Title 16, or through the provisions contained in Section 17.03.037 of this chapter. These standards are designed and intended to encourage the preservation of the character of the land surrounding the proposed land use. The achievement of these bonuses will, in most cases, require an analysis of the land to document existing conditions, opportunities and constraints. Use of this information will assist in determining the most appropriate development pattern for each individual site. (Ord. 108-05 Attach. B (part), 2005). 17.03.035-Land Divisions in Resource Lands. Clarification 17.03.035 Land divisions in resource lands (a) Cluster development, as provided in Chapter 16.23, Mason County Code, is required may be allowed for all residential subdivisions or short plats located in the following development areas: agricultural resource lands, long-term commercial forests and mineral resource areas. 17.03.036-Buffer and Landscape Requirements. Movement of sections utilized in review to a new more appropriate location in 17.04. Deletion of 17.03.036 Buffer and landscape requirements and corresponding figure (see redlined code) in current location and create a new section in 17.04 since "buffer standards" are referenced in 17.04. New section is now 17.04.800 Buffer and Landscape Requirements. 17.03.037- Density transfer and agricultural resource lands. Clarification 17.03.037 Density transfer and agricultural resource lands (4) In the urban growth areas, density transfer under the provisions of this section may be used on the receiving property in order to allow residential development up to the "Maximum Residential Density", shown in Figure 17.03.032, without a performance based subdivision and without compliance with the performance standards or criteria for such subdivisions as established in Chapter 16.22 of this code. Movement and re-numbering of figure 17.03.037 (now 17.04.802(1)) 17.03.036 (figures) Movement and re-numbering of figures 17.03.038 and 17.03.039(now 17.04.802(2) and 17.04.802(3) 17.03.105 Motor vehicle impound yards. Addressed as permitted use or permitted use with special use permit within urban growth areas, duplicative. Deletion of 17.03.105 Motor vehicle impound yards (see redlined code) 17.04.200-Rural Residential 2.5 Uses are indicated as permitted with a special use permit in section 17.04.217 and somehow didn't get listed under 17.04.212 17.04.212 Uses Permitted. (c) Special Permit Required Uses. Cemetery, commercial day care center, essential public facility, schools, and community and recreation centers. (d) Signs are permitted not to exceed twelve square feet in size and six feet in height except for temporary signs permitted by section 17.05.025. Signs prohibited by section 17.03.2023 are not allowed. 17.04.200-Rural Residential 2.5 Staff has received multiple inquiries about larger accessory building sizes being allowed within the residential zones in the rural lands and because the code already allows you to have 17.04.214 Building regulations (a) Floor Area Ratio. One is to twenty, except for fire stations. (a b) Size. Three Four thousand eight hundred square feet maximum, for non- multiple 3000sf accessory buildings as long as setbacks are met, staff does not believe there is additional impact with increasing the allowable size. agricultural and accessory buildings except for dwelling and agricultural buildings. (b c) 17.04.220-Rural Residential 5 Deletion of F.A.R., discussed earlier in the matrix. Staff has received multiple inquiries about larger accessory building sizes being allowed within the residential zones in the rural lands and because the code already allows you to have multiple 3000sf accessory buildings as long as setbacks are met, staff does not believe there is additional impact. Parking setbacks in rural areas are nearly impossible to enforce, but this section already references the parking ordinance for land uses other than residential as appropriate. 17.04.222 Uses permitted. (d) Signs are permitted not to exceed twelve square feet in size and six feet in height except for temporary signs permitted by section 17.05.025. Signs prohibited by section 17.03.2023 are not allowed. 17.04.224 Building regulations. (a) Floor Area Ratio. One is to twenty, except for fire stations. (ab) Size. Three Four thousand eight hundred square feet maximum for non-agricultural and accessory buildings, except for dwellings and agricultural buildings. 17.04.226 Off-street parking Two spaces per residence. See Parking Ordinance for other land uses; parking setback for nonresidential land uses shall be twenty five feet. 17.04.230-Rural Residential 10 Deletion of F.A.R., discussed earlier in the matrix. Staff has received multiple inquiries about larger accessory building sizes being allowed within the residential zones in the rural lands and because the code already allows you to have multiple 3000sf accessory buildings as long as setbacks are met, staff does not believe there is additional impact. Parking setbacks in rural areas are nearly impossible to enforce, but this section already references the parking ordinance for land uses other than residential as appropriate. 17.04.234 Building regulations. (a) Floor Area Ratio. One is to twenty, except for fire stations. (ab) Size. Three Four thousand eight hundred square feet maximum for non-agricultural and accessory buildings, except for dwellings and agricultural buildings. (bc) 17.03.236 Off-street parking. Two Spaces per Residence. See Parking Ordinance for other land uses; parking setback for nonresidential land uses shall be twenty five feet. 17.04.240-Rural Residential 20 Deletion of F.A.R., discussed earlier in the matrix. Staff has received multiple inquiries about larger accessory building sizes being allowed within the residential zones in the rural lands and because the code already allows you to have multiple 3000sf accessory buildings as 17.04.244 Building regulations. (a) Floor Area Ratio. One is to twenty, except for fire stations. (ab) Size. Three Four thousand eight hundred square feet maximum, for non-agricultural and accessory buildings except for dwellings and agricultural buildings. (bc) long as setbacks are met, staff does not believe there is additional impact. Parking setbacks in rural areas are nearly impossible to enforce, but this section already references the parking ordinance for land uses other than residential as appropriate. 17.04.246 Off-street parking. Two Spaces per Residence. See Parking Ordinance for other land uses; parking setback for nonresidential land uses shall be twenty five feet. 17.04.250-Rural Multi-Family Clarification that this zoning designation is only for parcels with existing multi- family development and no new zoning is to be created. This is per GMA regulations. Addition of language that does allow development within these zones to reduce the standard setback with an administrative variance. 17.04.251 Purpose. This district provides for designates existing multi-family residential development including mobile home parks. New RMF zoning designations are prohibited. 17.04.254 Building regulations. (a) Floor Area Ratio. One is to twenty. (ab) (bc) 17.04.257 Special provisions. (a) Mobile home park expansions shall comply with the mobile home park ordinance. (b) Front yard or rear yard setback may be reduced as provided in Section 17.05.034(c) or side yard setback may be reduced as provided in Section 17.05.034(d). 17.04.320-Rural Commercial 1 This rural commercial designation did not have any uses listed as permitted outright, staff suggested moving some uses from permitted with a special use permit to uses permitted, as well as suggesting the use of coffee stand which seems to be a popular use requested in the rural area. Staff has also suggested allowing single family residential as a permitted use because the whole goal of the GMA is to keep rural areas rural, thus allowing single family residential. 17.04.322 Uses permitted. (a) Uses. Convenience/general store, coffee stand, bed & breakfast, single family residential. (ba) Uses Permitted with Special Use Permit. Convenience/general store, gas station, restaurant, bed and breakfast, laundry. (b) Accessory Uses. Owner occupied residential. 17.04.323 Lot requirements. (a) Density. One owner/manager occupied residence per lot. Lot size. Dependent on subject property location. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. 17.04.324 Building regulations. (a) Floor Area Ratio. One is to five, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty- five feet maximum except for agricultural buildings, antennas or water tanks. 17.04.330-Rural Commercial 2 Clarifications and deletions of obscure language. Lot width and depth, as currently worded would make it very hard to find a parcel to designate RC2 and staff and PAC haven't been able to deduce why this was made a provision in the first place. 17.04.333 Lot requirements. (a) Density. One residence per lot. Lot size. Dependent on subject property locations. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. 17.04.334 Building regulations. (a) Floor Area Ratio. One is to five, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty- five feet maximum except for agricultural buildings, antennas or water tanks. 17.04.340-Rural Commercial 3 See above 17.04.342 Uses permitted. (a) Uses. Convenience/general store, retail, restaurant, small office, laundry, professional services, personal services, public meeting space, nursery, public facilities - post office/fire station/fish hatchery/library/ranger station, church, local community and recreation centers, lodging facilities, including motels, RV parks, campgrounds and bed and breakfast, marina - sales, service and storage, auto service and repair, medical/dental clinic, animal clinic, winery, commercial/government operated day care, and single-family residential accessory use or apartment. 17.04.343 Lot Requirements. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. 17.04.344 Building regulations. (a) Floor Area Ratio. One is to five, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty- five feet maximum except for agricultural buildings, antennas, water tanks or necessary structural elements for an otherwise compliant permitted land use,. Not to exceed fifty-five feet or within the rural activity center of Taylor Town I and II only, as reviewed by special use permit not to exceed fifty-five feet. 17.04.345 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free-standing, and with a height maximum of twenty-five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. 17.04.350-Rural Commercial 4 Rural Commercial 4 language is almost identical to Rural Commercial 3 and there are no parcels within the County with the designation RC4, staff is suggesting deleting the current zoning language and reserving the section for future use; if additional uses beyond what is currently allowed within the other rural zones are desired, there is now a placeholder to create something. Deletion of current Rural Commercial 4 language, but reserving "Rural Commercial 4" for future use. There is no existing parcels with this designation at the time of this update. 17.04.360-Rural Commercial 5 See above 17.04.361 Purpose. This district provides for existing commercial development that includes open display vehicle sales land uses.(See section 17.02.043) 17.04.362 Uses Permitted. (a) Uses. Sales and service of automobiles and trucks, recreational vehicles, watercraft, and retail sales of manufactured homes, and single-family residential accessory use or apartment. 17.04.363 Lot Requirements. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. 17.04.364 Building regulations. (a) Floor Area Ratio. One is to three, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty- five feet maximum except for antennas or water tanks,. Not to exceed fifty-five feet or within the rural activity center of Taylor Town I and II only, as reviewed by special use permit, not to exceed fifty-five feet. 17.04.365 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free-standing, and with a height maximum of twenty-five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. 17.04.400-Rural Industrial Deletion of density and lot size, as currently written provides no direction on how to regulate. Deletion of F.A.R language 17.04.403 Lot requirements. (a) Density and Lot Size. Dependent on subject property location. (ab) (bc) (cd) (de) 17.04.404 Building regulations. (a) Floor Area Ratio. One is to five in rural areas or one is to three in RAC, except for fire stations. (ab) (bc) 17.04.407 Special provisions. Where development existed as of the date of the ordinance codified in this chapter, it shall not meet the above performance standards, but that development and the adjoining lands shall continue to meet buffer yard standards as provided in Section 17.03.036 setback and buffer provisions. 17.04.500-Rural Natural Resource Deletion of density and lot size, as currently written provides no direction on how to regulate. Deletion of F.A.R language 17.04.503 Lot requirements (a) Density and Lot Size. Five acres or greater. dependent on subject property location 17.04.504 Building regulations. (a) Floor Area Ratio. One is to twenty. (ab) (bc) 17.04.505 Signs. One monument sign, ten-foot height and one hundred forty-square foot size limit; one wall sign that faces towards street or public access, forty-square foot size limit, and no more than ten percent of wall area. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. 17.05.507 Special provisions. Where development existed as of the date of the ordinance codified in this chapter, it shall not meet the above performance standards, but that development and the adjoining lands shall continue to meet buffer yard standards as provided in Section 17.03.036 setback and buffer provisions. 17.04.600-Rural Tourist Addition of accessory uses that would generally be needed based on the primary allowed uses of this zone. See above for addition reasons for subsequent deletions. 17.04.602 Uses permitted. (b) Accessory Uses. Employee housing; maintenance buildings/yards, offices, equipment storage and rental; retail and gas (one thousand square feet maximum building size); self-storage (contained space has one thousand square feet maximum building size; outdoor storage limited to recreation storage). 17.04.603 Lot requirements (a) Density and Lot Size. Dependent on subject property location. (ab) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (bc) (cd) 17.04.604 Building regulations. (a) Floor Area Ratio. One is to five in rural areas or one is to three in RC3, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty- five feet maximum except for agricultural buildings, cell towers, antennas, or water tanks, or as reviewed by special use permit. 17.04.605 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free-standing, and with a height maximum of twenty-five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. 17.04.610-Rural Tourist Campground See above 17.04.613 Lot requirements. (a) Density and Lot Size. Dependent on subject property location. (ab) Lot Width and Depth. All lots shall have a minimum average width of not less than one third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (bc) (cd) 17.04.614 Building regulations. (a) Floor Area Ratio. One is to twenty in rural areas, except for fire stations. (ab) (bc) Height. Two floors Nnot to exceed thirty- five feet maximum except for agricultural buildings, cell towers, antennas, or water tanks, or as reviewed by special use permit. 17.04.615 Signs Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free-standing, and with a height maximum of twenty-five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. 17.04.700-Master Planned Resort Any applicant for a master planned resort would be required to follow 17.70 17.04.701 Purpose. The master planned resort district provides for self-contained and fully integrated planned unit development in a setting of significant natural amenity, with the primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities. See section 17.70 Master Development Plans for development regulations. Deletion of the rest of language under 17.04.700 for Master Planned Resort 17.04.801 & 17.04.802 Buffer and Landscape Requirements Movement of sections utilized in review to a new more appropriate location in 17.04. Created new section within 17.04 for buffer and landscape standards transferring parts of the deleted section 17.03.036. 17.05.014- Alterations and Enlargements Clarifications 17.05.014 Alterations and enlargements. (a) Unless otherwise specifically provided in this chapter, nonconforming buildings shall not be enlarged or structurally altered unless the enlargement or alteration is required by law, or unless the enlarged building area is occupied by a conforming use. Any such enlargement or structural alteration shall meet the setback and buffer requirements of this chapter, as those setback and buffer requirements are applied to the entire parcel of land, subject to the determination of the administrator., as set forth in Section 17.03.036(3)(C). (b) Nonconforming nonresidential uses and structures located outside urban growth areas may be permitted to expand, subject to the following conditions: (1) The floor area of the existing building(s) shall not increase by more than twenty percent or ten thousand square feet, whichever is greater; and (2) The setback and buffer yard requirements of this chapter shall be applied to the entire parcel of land, and shall be met, subject to the determination of the administrator., as set forth in Section 17.03.036(3)(C). 17.05.025- Temporary Signs. Revision to match code amendments adopted for the Belfair UGA in 2018, in response to a decision handed down in 17.05.025 Temporary signs. Temporary signs are those signs associated with a particular event or short term activity such as, but not limited to; agricultural or the U.S. Supreme Court Ruling Reed vs. Town of Gilbert, 2015. garage sales signs, grand opening displays, festival, carnival or parade signs, political signs and real estate signs intended and designed to be displayed for a limited period of time and associated with a particular event or short term activity; which temporary signs are to be removed within ten days when of the event or activity endings. (a) Signs shall not be placed within the county right-of-way unless otherwise approved with a road-use permit from the public works department, and with adjacent property owner's permission, except as allowed under section 17.03.202(a)C. (c) It shall be the responsibility of the owner to remove a temporary sign within ten days after such sign is no longer serving its purpose. including, but not limited to; the end of an event, meeting, festival, carnival or parage; the sale, lease, or rent of property; the end of an annual election cycle; the end of any type of sale. 17.05.036- Procedural Requirements for a variance Corrected reference 17.05.036 Procedural requirements for a variance. (c) Variance applications decided by the hearing examiner shall require a public hearing, as set forth in Section 17.05.050 of this chapter Title 15. 17.05.079- Amendments Corrected reference 17.05.079 Amendments. (3) Upon receipt of the recommendation of the commission, the board shall set a date for a public hearing on the amendment. Notice requirements for the public hearing shall be as set forth in Section 17.05.052 Title 15; (4) The board shall conduct its hearing in accordance with the provisions set forth in Section 17.05.054 Title 15; 17.05.080- Rezone Criteria Deletion of Rural Commercial 3 zoning only allowed in RACs and hamlets, staff could not find a premise within the Mason County Code or the RCWs that would require this zoning only within RACs and hamlets 17.05.080 Rezone Criteria. (b) Rural Commercial 3 zoning shall not be allowed outside of rural activity centers and hamlets. (c) Initial Zoning after Redesignation of Resource Land. Subsections (a) and (b) do not Referenced policy in comp plan does not currently exist. apply to a decision to initially zone land when it is redesignated from long-term commercial forest. pursuant to policy RE-105 of the comprehensive plan The board of commissioners shall determine the initial zoning for such redesignated land by applying the planning policies in Chapter III of the Comprehensive Plan. 17.06.010- Definitions Clarifying where the setback is measured from for front, side and rear setbacks. Updating definitions related to temporary signs in order to match previous amendments made in 2018 to the Belfair sign code 17.06.010 Definitions. "Agricultural sales sign" means a usually seasonal temporary sign used to announce and/or direct the public to a sale of locally grown agricultural products. "Front yard" and "front yard setback" mean the space extending the full width of the lot between a structure or building and the front lot line or road easement boundary, whichever is closer. The setback is measured from the furthest projection of the building to the closest point of the front lot line or road easement boundary, whichever is closer. See Figure 17.06 A. "Home occupation" means a business, occupation, or profession that is incidental to and carried on within a portion of a residential dwelling unit by a member or members of the household. The business may have up to three employees in addition to members of the household. "Political sign" means a temporary sign advertising a candidate or candidates for public elective office, or a political party, or sign urging a particular vote on a public issue decided by ballot. "Real estate signs" means any temporary sign pertaining to the sale, lease or rental of land or buildings. "Rear yard" and "rear yard setback." The "rear yard" means the space extending the full width of the lot between a structure or building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. The "setback" is measured from the furthest projection of means the closest distance from the structure to the rear lot line. See Figure 17.06 A. "Side yard" and "side yard setback" mean the space extending the full width of the lot between a structure or building and the side lot line and measured perpendicular to the building to the closest point of the side lot line. The side yard setback is measured from the furthest projection of the closest distance from the structure to the side lot line. See Figure 17.06 A. "Temporary signs" means those signs associated with a particular event or short term activity such as, but not limited to; agricultural or garage sales signs, grand opening displays, festival, carnival or parade signs, political signs and real estate signs intended and designed to be displayed for a limited period of time and associated with a particular event or short term activity; which temporary signs are to be removed within ten days when of the event or activity endings. Chapter 17.10 through 17.15 Allyn (UGA) Zoning Code 17.10-17.15 Various scrivener's errors, clarifications, grammatical errors 17.10.200 Deletion of criteria for ADUs that is specific to Allyn UGA since it refers to 17.03.029 which contains the requirements for ADUs for the County. In the Allyn UGA, ADUs must meet the following requirements: (1) The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a shoreline permit; (2) In shoreline jurisdiction, the owner of the ADU must reside on the lot in either the principal residence or ADU; (3) The ADU shall not exceed fifty percent of the square footage of the habitable area of the primary residence or one thousand feet, whichever is smaller; (4) All setback requirements must be met by the ADU; (5) All applicable health district standards for water and sewer must be met by the ADU; (6) No recreational vehicles shall be allowed as ADU; (7) Only one ADU is allowed on any property; (8) An additional off-street parking space must be provided for the ADU. 17.10.320 Boundaries - Map Addition of language indicating the Allyn zoning districts are available as "layers" online at Mason County GIS The zoning districts established by this title are also available as a series of GIS layers (“layers”) on the Mason County GIS (gis.masoncountywa.gov/mason). The public web-based GIS is adopted as a part of this title insofar as it indicates such designations, locations and boundaries of zoning districts, and shall be deemed to be part of this title. 17.12.140 Use permitted subject to obtaining a special use permit Assisted living facilities are allowed in other residential districts of the Allyn UGA, the village commercial zone allows for a variety of residential development and staff is proposing allowing within this zone with a special use permit. Addition of the use "Assisted Living Facilities" to uses permitted with a special use permit 17.15 Allyn Sign Code In 2018 the Belfair UGA sign code was updated based on the U.S. Supreme Court ruling in Reed vs. Town of Gilbert (2015). This ruling reiterated that regulating by "content", placed restrictions on speech, would not pass strict scrutiny, and thus violated the First Amendment. Many of the temporary signs in the belfair sign code regulated by the sign's content, so amendments were adopted in 2018. The Allyn Sign code replicates the problems that were apparent in the Belfair Sign code in regards to temporary signs, so staff is proposing the same revisions for the Allyn Code. See the redline code for the updated language. Title 17.20 - 17.35 Belfair (UGA) Zoning Code 17.20.040 Interpretation Correction (a) In the case where the wording of the code is not explicit or where its application is in dispute, the director of the department of community development or his/her designee shall have the authority to interpret the meaning of the code upon receipt of a written request stipulating the exact nature of the dispute. Such decisions may be appealed to the planning commission hearing examiner. 17.20.070 Definitions Business Services is listed as a use allowed in the Belfair UGA under certain zones, there was question to how it was defined. “Business Services” means establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; protective services; equipment rental and leasing; commercial research, development, and testing; photo finishing; and personal supply services. 17.20.070 Definitions (this change is suggested and after PAC PH) Current definition: "Yard setback" means the space extending the full width of the lot between a structure or building and the lot line or road easement boundary, whichever is closer. The setback is measured from the building to the closest point of the front lot line or road easement boundary, whichever is closer. A roof overhang, chimneys, copulas, bay windows, porch covers, and door landings are allowed to project a maximum of two feet into a minimum setback. Staff suggested moving the highlighted section to the residential districts in the same chapter where it would apply. There is no change to the code with this amendment only clarification that this is an allowance in the setback set forth in the specific zoning sections. With this allowance only defined in the "definitions" section it will be easily missed by those reviewing permits. 17.22.50 Setbacks: A roof overhang, chimneys, copulas, bay windows, porch covers, and door landings are allowed to project a maximum of two feet into a minimum setback. Front yard: 15 feet. Side yard: 5 feet for accessory structures and 5 feet for the dwelling unit. Side yard setback reduction may be granted with review and approval of a building administrative variance, but in no case shall the setback be less than the minimum required by building or fire codes. Street side yard: 10 feet. Rear yard: 5 feet for accessory structures and 10 feet for the dwelling unit. Street rear yard: 15 feet. 17.22.100 Setbacks: A roof overhang, chimneys, copulas, bay windows, porch covers, and door landings are allowed to project a maximum of two feet into a minimum setback. Front yard: 10 feet. Side yard: 5 feet for accessory structures and 5 feet for the dwelling unit. Side yard setback reduction may be granted with review and approval of a building administrative variance, but in no case shall the setback be less than the minimum required by building or fire codes. Street side yard: 10 feet. Rear yard: 5 feet for accessory structures and 10 feet for the dwelling unit. Street rear yard: 10 feet. 17.22.150 Setbacks: A roof overhang, chimneys, copulas, bay windows, porch covers, and door landings are allowed to project a maximum of two feet into a minimum setback. Front yard: 10 feet. Side yard: 5 feet for accessory structures and 5 feet for the dwelling unit. Side yard reduction may be granted with review and approval of a building administrative variance, but in no case shall the setback be less than the minimum required by building or fire codes. Street side yard: 10 feet. Rear yard: 5 feet for accessory structures and 10 feet for the dwelling unit. Street rear yard: 10 feet. 17.20.090 District boundaries - Map Clarification that GIS layers also establish the zoning in the County and the physical maps are not the only reference. (a) A parcel specific official zoning map, designating the boundaries of zoning districts and approved overlay districts and planned unit developments, shall be adopted by the county board of commissioners. Said map shall be kept on file with the department of community development. The zoning districts established by this title are also available as a series of GIS layers (“layers”) on the Mason County GIS (gis.masoncountywa.gov/mason). The public web-based GIS is adopted as a part of this title insofar as it indicates such designations, locations and boundaries of zoning districts, and shall be deemed to be part of this title. 17.21.050 Prohibited uses, Also 17.22.045, 17.22.095, 17.22.145, 17.23.145 No need for a "prohibited uses" section in the belfair uga. The only use listed is adult entertainment. The code is already written to say what the allowed uses "are" and it is already assumed that if not listed it is prohibited. Plus there are specific zones where adult entertainment is called out as allowed within. Deletion of the sections "prohibited uses" the code is written as "if it isn't listed as permitted, it is prohibited". No need for this section. 17.22.090 Special Uses Creating an overlay area as well as the use going through a special use process is an extra step that is not really needed since the special use process will evaluate if the use is appropriate in the location for which it is being applied for. (f) Hotels. provided the following siting and design conditions are met: (1) Site is identified as a "hotel overlay" on the official zoning map for the Belfair UGA. 17.22.140 Special Uses Festival Retail district was eliminated during the recent Belfair EIS process and all zones were redesignated as mixed use. Creating an overlay area as well as the use going through a special use process is an extra step that is not really needed since the special use process will evaluate if the use is appropriate in the location for which it is being applied for. (f) All uses permitted in the festival retail mixed use district (MUFR) provided the following conditions are met: (1) Applicant successfully demonstrates to the county that the general commercial (GC) zoned lands east of the Burlington Northern line are built out; Site is identified as a "retail overlay" on the official zoning map for the Belfair UGA; (2) Development must comply with all bulk, dimensional, and design standards and guidelines of the mixed use district. 17.22.160 Retail overlay area Deletion of section, this overlay is only allowed as a special use in the R- 10 district and is already listed in the R-10 section, under uses permitted as a special use. Creating an overlay area as well as the use going through a special use process is an extra step that is not really needed since the special use process will evaluate if the use is appropriate in the location for which it is being applied for. 17.22.160 Retail overlay area. Within the R-10 district, areas may be identified as a "retail overlay area" on the official zoning map for the Belfair UGA. Mapping of such an area allows for commercial development similar to that allowed in the festival retail district. Development allowed in the retail overlay areas must meet the bulk and dimensional requirements, and design standards and guidelines of the festival retail district. Establishment of a retail overlay area requires that the Belfair UGA plan be amended after a public participation process to allow such retail uses or that the zoning map be amended after the applicant successfully demonstrates to the county that the general commercial (GC) zoned lands east of the Burlington Northern Railroad line are built-out. 17.23.130 Allowed uses, also 17.24.020, 17.24.080 Because of the particular chemicals and processes dry cleaners use, staff is suggesting moving it to the special uses section which will allow extra review for such proposals. Part of the Belfair UGA is within a CARA making evaluation of placement of such uses necessary. Movement of "Dry cleaners and laundries, not including laundromats" to 17.23.140, 17.24.030, 17.24.100 Special uses and specifying that this use cannot be located in a Critical Aquafer Recharge Area 17.24.030 Special Uses Creating an overlay area as well as the use going through a special use process is an extra step that is not really needed since the special use process will evaluate if the use is appropriate in the location for which it is being applied for. (8) All uses permitted in the business- industrial district provided the following condition is are met: (A) Site is identified as a "general commercial - business industrial overlay" on the official zoning map for the Belfair UGA; Development must comply with all bulk and dimensional and design standards and guidelines of Chapter 17.24, Business Industrial District. (11) Dry cleaners and laundries not including laundromats (must not be located in a CARA). 17.24.080 Allowed Uses No where in the Belfair UGA doe the use "Warehouse, distribution" appear, yet it would be appropriate in the Business Industrial and according to 17.03.034 Classification of Land Uses warehouses would be appropriate in the intensity of use that industrial zoning allows. Therefore, staff is suggesting this addition to the Business Industrial district of the Belfair UGA (14) Warehouse, distribution. Title 8.52 - Mason County Resource Ordinance Amendments 8.52.060-Long Term Commercial Forest Lands Clarification Updating outdated references (see redlined code) Clarification Since the matrix of permitted uses was proposed for alteration to the now "uses prohibited as cottage industries", some uses under the agricultural resource lands category had to be transferred to the Resource Ordinance under the appropriate chapter. These uses should have been moved to the Resource Ordinance and included under the section "land uses" but some how was overlooked. This change makes the code more concise and efficient with one place to look for the AG regulations regarding land uses. Updated the density section to reflect the deletion of F.A.R as a measurement of density in the rural areas. 8.52.061 Agricultural Resource Lands. (B) Designation. Lands of Mason County which have been identified as meeting the classification criteria for Agricultural Resource Lands, and are so specified on the official Mason County map, available at the Mason County Planning Division as a layer on the public web-based Mason County GIS (gis.masoncountywa.gov/mason), titled, "Mason County Agricultural Resource Lands" or as thereafter amended, are designated as Agricultural Resource Lands. (C) Land Uses. Development and land uses and activities allowed in the Agricultural Resource Lands or on adjacent lands are as specified in the Mason County this chapter Development Regulations and other applicable ordinances, codes and regulations. (C) (3) Uses Permitted: Single family residential, accessory use or apartment, aquaculture, bicycle paths and walking trails, kennels, public parks, forestry, fuel storage tanks (above ground & underground, accessory use), livestock, stable(s), pasture, public parks, signs, cottage industry (must comply with criteria in 17.03.021). (4) Uses Permitted with Special Use Permit: Education Learning Center, Fire Station, bed & breakfast. (D) Development Standards. (1) (c) Density Floor Area Ratio: one is to twenty, except for fire stations one primary residence per ten acres and one accessory dwelling unit per parcel. (2)Proposed land uses shall meet the review standards for land uses established in the Mason County Resource Ordinance, development regulations, including Section 17.03.020(Matrix of Permitted Uses) and Section 17.03.021 (Home Occupation and Cottage Industries). Updated to indicate that we treat Inholding Lands similar to RR5 and allowance of one (1) adu per parcel. Also, includes proposed change to size of an accessory building 8.52.070 Inholding Lands. (D) (2) Each parcel currently below five acres in size may be developed for an individual primary single-family residence and one (1) Accessory Dwelling Unit (ADU). (4)(a)(iii) Floor area ratio: 1:20, except for fire stations. (iviii) Size: Four Three thousand eight hundred square feet maximum for nonagricultural and accessory buildings except for dwellings and agricultural buildings; (iv) (b) Water Supply. Inholding properties shall meet all water supply standards as required under Section 17.01.068 8.52.100(B)[sic]. Updated wetlands chapter to indicate what the buffers would be in a category III wetland buffer area when a unique situation occurs regarding a high level of function for habitat. This change was also a recommendation by Ecology. 8.52.110 Wetlands. Adding row to Category III wetlands for high level function for habitat High level of function for habitat (score for habitat 8 - 9 points) Low - 150 ft Moderate – 225 ft High – 300 ft SEPA Comments & County Response Agency Code Reference & Comment County Response ORCAA, Lauren Whybrew MCC 17.04.407 & MCC 17.04.507 Staff has updated each of the stated sections with the correct Section 17.04.407 and 17.04.507 state that "Odor shall be controlled to comply with Olympic Air Pollution Control Authority Reg. 1, Section 9.11." ORCAA would like to note that our Agency name has changed from "Olympic Air Pollution Control Authority" to Olympic Region Clean Air Agency. Additionally, Reg. 1 Section 9.11 no longer exists in our regulations; ORCAA Rule 8.5 would be the equivalent citation under ORCAA's current regulations. references, please see redline copy of the code. ATTACHMENT A Title 17 ‐ ZONING Chapter 17.01 MASON COUNTY DEVELOPMENT REGULATIONS—GENERAL PROVISIONS Mason County, Washington, Code of Ordinances Page 1 of 81 Chapter 17.01 MASON COUNTY DEVELOPMENT REGULATIONS—GENERAL PROVISIONS 17.01.010 Purpose. The purpose of this chapter is to provide a framework for the development of land in Mason County; and to assure that such development occurs in such a way that it protects private property rights and existing land uses while also protecting natural resources, promoting economic growth and assuring the compatibility of proposed land uses with existing ones. (Ord. 108‐05 Attach. B (part), 2005). 17.01.020 Short title. This title shall be known as the "Mason County Development Regulations." (Ord. 108‐05 Attach. B (part), 2005). Chapter 17.02 DEVELOPMENT AREAS DEFINED 17.02.010 General. For the purpose of regulating development activity within Mason County, the county is divided into three general types of development areas. These areas contain characteristics which have been identified in the Mason County comprehensive plan as worthy of preservation and/or enhancement, and their designation in this chapter is intended to promote orderly development in a manner which is consistent with that plan. The three area types, and their subtypes, are as follows: urban growth areas, resource lands and rural lands. (Ord. 108‐05 Attach. B (part), 2005). 17.02.020 Urban growth areas. Urban growth areas (UGA) are land areas identified as such in the comprehensive plan. These areas have urban characteristics, but they currently lie outside of incorporated cities. In recognition of the availability of urban services and the proximity to urban areas, these areas are designated to accommodate the majority of the growth which is expected to occur within the county in the foreseeable future. The widest variety of uses and the highest densities will be allowed in urban growth areas. Three UGA's exist within the county: Shelton UGA, Belfair UGA and Allyn UGA. (Ord. 108‐05 Attach. B (part), 2005). Page 2 of 81 17.02.022 Shelton UGA. The Shelton UGA has separate development regulations under Chapter 17.07 to assure compatibility with the City of Shelton as these properties are annexed into the city. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 47‐09, Attach. B, 6‐2‐2009) 17.02.024 Belfair UGA. The Belfair UGA is a "stand‐alone" area not affiliated with any incorporated city. Development regulations for this area are intended to accommodate existing land use patterns and densities, while planning for future growth. Belfair UGA has separate zoning and development regulations in sections MCC 17.20 through MCC 17.35. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 23‐19, Att. A, 3‐19‐2019) 17.02.026 Allyn UGA. The Allyn UGA is a "stand‐alone" area not affiliated with any incorporated city. Development regulations for this area are intended to accommodate existing land use patterns and densities, while planning for future growth. Allyn UGA has separate zoning and development regulations in sections MCC 17.10 through MCC 17.15. (Ord. 108‐05 Attach. B (part), 2005). 17.02.030 Resource lands. The term "resource land" is used to cover a variety of land use types in areas which have value due to their soil types, ground cover, or capacity for mineral extraction. Lands with intrinsic value due to aesthetic considerations are also included in this category. Examples of resource areas are as follows: National parks, National forests, long‐term commercial forests; mineral resource lands and agricultural resource lands. (Ord. 108‐05 Attach. B (part), 2005). 17.02.032 National parks. Lands set aside as National Parks are identified due to their natural or cultural value. (Ord. 108‐05 Attach. B (part), 2005). 17.02.034 National forests. National forests are lands owned and managed by the federal government. These lands serve important functions as a resource for the supply of forestry products. In addition, these lands are recognized for their ecological value as wildlife habitat and other uses. As with National Parks, these lands are unavailable for development. (Ord. 108‐05 Attach. B (part), 2005). Page 3 of 81 17.02.036 Long‐term commercial forests; mineral resource lands. These land designations are intended to recognize and protect unique resources that, due to the nature of their operations, are sensitive to abutting land uses. This chapter sets forth regulations intended to minimize the impact of intrusion of less compatible land uses upon these land use types. Development regulations for long‐term commercial forest lands and mineral resource lands are located in MCC 8.52.060 and MCC 8.52.090 of the Mason County Resource Ordinance. (Ord. 108‐05 Attach. B (part), 2005). 17.02.038 Agricultural resource lands. This designation is intended to recognize and protect unique resources that, due to the nature of their operations, are sensitive to abutting land uses. This chapter sets forth regulations intended to minimize the impact of intrusion of less compatible land uses upon the resource use of the land. Development regulations for agricultural resource lands are located in MCC 8.52.061 of the Mason County Resource Ordinance. (Ord. 108‐05 Attach. B (part), 2005). 17.02.040 Rural lands. Rural land uses are divided into thirteen districts to reflect the diversity of existing development patterns in the rural areas. There are five types of residential districts and four types of commercial districts. The business districts are primarily intended to provide for the economic sustainability of existing commerce which provide needed jobs, goods and services to the surrounding rural populations. The business districts, however, are limited to small areas largely consisting of existing development. All development in the rural lands must be sustainable without urban style public services. (Ord. 108‐05 Attach. B (part), 2005). 17.02.041 Rural residential. There are five types of rural residential districts. These districts primarily provide for low density residential use, but also provide for some rural uses such as hobby farms. (1) Rural Residential 2.5 (RR 2.5). This district provides for new residential subdivision, which exceeds a density of two and one‐half acres per residential lot, and where areas of small lot residential development and subdivisions patterns were established before December 5, 1996. (2) Rural Residential 5 (RR 5). This district provides for new residential subdivision on parcels of five acres or more. (3) Rural Residential 10 (RR 10). This district provides for new residential subdivision on parcels of ten acres or more. (4) Rural Residential 20 (RR 20). This district provides for new residential subdivision on parcels of twenty acres or more. (5) Rural Multi‐Family (RMF). This district provides fordesignates existing multi‐family residential development including mobile home parks. New RMF zoning designations are prohibited. (Ord. 108‐05 Attach. B (part), 2005). Page 4 of 81 17.02.043 Rural commercial. There are four types of rural commercial districts. These districts provide for a variety of commercial areas reflecting the diversity of existing business areas. Parcels with this designation that are located within RACs, hamlets, ICIAs, and other areas designated under RCW 36.70A.070(5)(d)(i) ("Dl LAMIRDs") shall be principally designed to serve the existing and projected rural population. The county's primary method of such design is to limit building size, and height, and floor to area ratios so that businesses of such size and intensity will ordinarily be oriented towards primarily serving the existing and projected rural population. Isolated LAMIRDs ("D2 and D3 LAMIRDs") of a commercial nature are not required to be principally designed to serve the rural population. These isolated commercial LAMIRDs, however, shall protect rural character, which is defined at RCW 36.70A.030(1423), by containing and limiting rural development, by not being in conflict with surrounding uses and by assuring that such development is visually compatible with the surrounding area. The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, and height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. (1) Rural Commercial 1 (RC 1) (See Section 17.04.320) (2) Rural Commercial 2 (RC 2) (See Section 17.04.330) (3) Rural Commercial 3 (RC 3) (See Section 17.04.340) (4) Rural Commercial 4 (RC 4) (See Section 17.04.350) (5) Rural Commercial 5 (RC 5) (See Section 17.04.360) (Ord. 126‐06 Attach. B (part), 2006: Ord. 108‐05 Attach. B (part), 2005). 17.02.045 Rural industrial. The rural industrial district provides for isolated areas of primarily existing industrial type uses. Rural industrial is not required to be principally designed to serve the existing and projected rural population. However, isolated LAMIRDs ("D2 and D3 LAMIRDs") of an industrial nature shall protect rural character, which is defined at RCW 36.70A.030(1423), by containing and limiting rural development, by not being in conflict with surrounding uses, and by assuring that such development is visually compatible with the surrounding area. The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, and height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. (Ord. 108‐05 Attach. B (part), 2005). 17.02.046 Rural natural resource. The rural natural resource (RNR) district provides for isolated areas of resource based industry outside of the designated resource lands. (Ord. 108‐05 Attach. B (part), 2005). 17.02.047 Rural tourist. The rural tourism (RT) and rural tourist ‐ campground (RTC) districts provide small scale recreational and tourist‐related activities in addition to tangential commercial services to tourists and adjacent rural populations. Parcels with this designation that are located within RACs, hamlets, ICIAs, and other areas designated under RCW Page 5 of 81 36.70A.070(5)(d)(i) ("D1 LAMIRDs") shall be principally designed to serve the existing and projected rural population. The county's primary method of such design is to limit building size, and height, and floor to area ratios so that businesses of such size and intensity will ordinarily be oriented towards primarily serving the existing and projected rural population. Isolated LAMIRDs ("D2 and D3 LAMIRDs") of a tourist nature are not required to be principally designed to serve the rural population. These isolated commercial LAMIRDs, however, shall protect rural character, which is defined at RCW 36.70A.030(1423), by containing and limiting rural development, by not being in conflict with surrounding uses and by assuring that such development is visually compatible with the surrounding area. The county's primary method of achieving such purpose is by providing for buffer yards, limiting the character of rezones, by limiting building size, and height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public services and facilities shall not be provided so as to permit low intensity sprawl. (Ord. 108‐05 Attach. B (part), 2005). 17.02.048 Master planned resort. The master planned resort district provides for self‐contained and fully integrated planned unit development in a setting of significant natural amenity, with the primary focus on destination resort facilities consisting of short‐ term visitor accommodations associated with a range of developed on‐site indoor or outdoor recreational facilities. (Ord. 108‐05 Attach. B (part), 2005). 17.02.049 Inholding lands. Inholding lands are lands surrounded by long‐term commercial forests, but which are not suitable due to parcel size or other constraint for that purpose. Inholding lands may be developed, but only in a manner which assures the viability of the abutting forest land. Development regulations are located in MCC 8.52.070 of the Mason County Resource Ordinance. (Ord. 108‐05 Attach. B (part), 2005). 17.02.060 Development areas map (zoning). The location and boundaries of the development area districts (zoning) established by this title are established as a series of GIS layers (“layers”) on the Mason County GIS (gis.masoncountywa.gov/mason). as indicated on a series of maps entitled "Mason County Development Areas Maps Panel 1 of 10 through Panel 10 of 10," a copy of which shall be on file in the Mason County department of community development. These The public web‐based GIS is maps are adopted as a part of this title insofar as it indicates such designations, locations and boundaries of zoning districts, and shall be deemed to be part of this title. The zoning designation on the development areas maps layers are deemed to be the original zoning designation of those parcels based on their use as of July 1, 1990, and all subsequently approved rezones through May 20 2008to the present. The boundaries and locations of all development areas within the county shall be as shown on these layersthis map; however, where land use designations shown do not reflect the latest use designations, then the latest use designations shall guide pending revision of the development areas layersmap. All future rezones must meet the rezone criteria. Except to correct scrivener's errors, expansions of a zoned area may only occur by rezone, where allowed by this chapter, and may not be allowed by boundary line adjustment or other mechanism. Page 6 of 81 Wherever possible, boundaries shown on the map layers are drawn along property lines, or along generally recognized physical features. The administrator shall have sole authority to settle any dispute as to the actual location of a development area boundary shown on the layermap, using the best information available. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 17‐09, 3‐3‐2009) 17.02.062 Uncertainty of boundaries. When uncertainty exists as to the boundaries of areas as indicated on the development areas map, the following rules shall apply: (1) All water areas, waterways, alleys, roads, streets, highways, railroads, and other rights‐of‐way, if not otherwise specifically designated, shall be deemed to be in the same development area district as the property immediately abutting upon same; (2) Where district boundaries are indicated as approximately following the centerlines of streets, alleys, railroads or waterways, such lines shall be construed to be such boundaries; (3) Where district boundaries are indicated as approximately following the lines of lots or other parcels of record the lot line shall be deemed to be the district boundary; (4) Any development area district boundary shown extended to or into any body of water bounding the county shall be deemed to extend straight to the county boundary; (5) Distances not specifically indicated on the map shall be determined by applying the scale of the map, and scaled to the nearest foot; (6) When two or more development areas divide a single parcel, development regulations including density shall apply to the portions of the parcel as they are zoned. (Ord. 35‐08 Attach. A, 2008; Ord. 108‐05 Attach. B (part), 2005). 17.02.064 Changes in boundaries. (a) Any change in any boundary shown on the development areas map shall be made by adopting an amended development areas map. The procedure for such an amendment is found in Section 17.05.079. (b) No change in the boundary of any development area shall be approved unless such change is found to be in compliance with the comprehensive plan. (Ord. 108‐05 Attach. B (part), 2005). Chapter 17.03 DEVELOPMENT REQUIREMENTS 17.03.010 Permitted uses, generally. It is the intent of this chapter to provide for the maximum amount of flexibility in the siting of differing types of land uses. For this reason, the performance standards and buffer yard requirements found at Section 17.03.036 have been developed. However, both the comprehensive plan and this chapter recognize that some uses and densities will create inherent conflicts with surrounding land uses, and with the intent of the comprehensive plan. Thus, some uses are prohibited in some areas, and the intensity of some uses (such as residential, expressed in Page 7 of 81 dwelling units per acre, and industrial, expressed in floor area ratio) are restricted in others. Many of the requirements that apply to rural lands have been placed in Chapter 17.04. (Ord. 108‐05 Attach. B (part), 2005). 17.03.020 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 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 the urban or resource land areas in Mason County; note that the public should consult the specific adopted urban growth area plan for land use designation as permitted or prohibited. Permitted uses, as they apply to rural lands, have been placed in Chapter 17.04. All uses not listed as permitted uses, accessory uses, or special permit uses in the matrix or Chapter 17.04 are prohibited uses. (Ord. 108‐05 Attach. B (part), 2005). 17.03.021 Cottage industries. Unless noted by an asterisk (*)listed in Figure 17.03.021, any use shown in Figure 17.03.020 is permitted, subject to Department review, in any development area as a home‐based occupation, or as a cottage industry. The activity shall comply with the criteria in RU‐524A, and shall be required to obtain a special use permit unless they it compliesy with the following standards: (1) On‐site pParking areas shall be accommodated for up to 10 vehicles for residents, customers and employees only; any provision for additional parking shall require a special use permit; (2) The outdoor storage of merchandise or materials is allowed if they are not visible to the public from off the site; (3) A cottage industry shall involve the owner or lessee of the property who shall reside within the dwelling unit, and shall not employ on the premises more than five nonresidents. A temporary increase in the number of employees is permitted to accommodate a business that is seasonal in nature. However, not more than five additional persons shall be employed on a temporary basis (up to six weeks) without a special use permit; (4) More than one business may be allowed, in or on the same premises provided that all of the criteria are met for all business combined; (5) There shall be no alterations to the outside appearance of the buildings or premises that are not consistent with the residential use of the property, or other visible evidence of the conduct of such cottage industry, other than one sign no larger than twelve square feet. (6) No equipment or process shall be used in such home occupations which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the property; (7) The cottage industry shall not create an increase of five percent or more in local traffic. X=Permitted Use T=permitted only as tourist‐related use R=permitted only as resource based use S=special use permit required *=not allowed as cottage industry U=consult the specific adopted urban growth area plan and development regulations for land use designation as permitted or prohibited. [PLEASE NOTE: Rural Land Uses are addressed in Chapter 17.04] Page 8 of 81 MASON COUNTY MATRIX OF PERMITTED USESUSES PROHIBITED AS COTTAGE INDUSTRIES FIGURE 17.03.0210 Description ofProhibited Cottage Industry Use Accessory apartment or use Adult retirement community Adult day care facility (less than 8) Adult day care facility (greater than 8) Agricultural buildings Agricultural crops; orchards Airport* Ambulance service Animal hospital Aquaculture Assisted living facility* Auction house/barn (no vehicle or livestock) Automobile service station* Automobile wash* Automobile, repair Automobile, sales* Bakery Banks, savings and loan assoc.* Bed and breakfast Bicycle paths, walking trails Billiard hall and pool hall* Blueprinting and photostating Boat yards* Bowling alley* Buy‐back recycling center* Cabinet shops (see Industry, light) Carpenter shops (see Industry, light) Carport (accessory use) Cemeteries* Child day care, commercial* Child day care, family Church Non‐profit club or lodge, private* Commercial outdoor recreation Confectionery stores (see Retail sales) Contractor yards Convenience store, 3,000 sf or less Cottage industries Department stores (see Retail sales)* Distributing facilities (see Industry, light) Drug stores (see Personal services)* Dry cleaners (see Personal services)* Dwelling, multi‐family (4 family or less)* Dwelling, multi‐family (5 family or greater)* Dwelling, single‐family Educational learning center Electric/neon sign assembly, servicing repair Espresso stands Fire stations* Flea market Food markets and grocery stores* Forestry Freight terminal, truck* Fuel storage tanks (underground, >500 gal.) (accessory use) Fuel storage tanks (underground, 500 gal. or less) (accessory use) Fuel storage tanks, above ground (accessory use) Furniture repair (see Industry, light) Garage, private (accessory to dwelling) Garage, public parking Gravel extraction* Greenhouses, private and noncommercial Group homes Hardware stores 3,000 sf or less Hardware stores* more than 3,000 sf* Health club* Heavy industry* Home occupation Horticultural nursery, wholesale and retail Hospitals* Hotel* Industry, light Inn Kennels Libraries* Liquor stores* Livestock Locksmiths Logging Lumber yards* Machine shops, punch press up to 5 tons (see Industry, light) Marina* Medical‐dental clinic Mining* Mobile home park* Mobile home sales* Mortuaries* Motel* Motor vehicle impound yards (see Section 17.03.105)* Page 9 of 81 Non‐automotive, motor vehicle and related equipment sales, rental, repair and service Paint shop (see Industry, light)* Parcel service delivery (see Industry, light) Parking area, private Parking area, public Pasture Pesticide application service (see Industry, light) Pet shop Plumbing shop (see Industry, light) Plumbing supply yards (see Industry, light)* Post office, branch or contract station Post office, distribution center or terminal* Printing establishments Professional offices Public parks Public utility offices Public utility service yard* Radio and TV repair shops Radio and TV transmission towers (incl. cellular phone towers)* Rail‐dependent uses* Recreational vehicle park* Recreational vehicle repair* Resource based industry Restaurant* Restaurants, drive‐ through* Rifle range* Sawmills Schools, private, elementary or secondary Secondhand store Self‐service storage facility* Signs Shoe stores or repair shop Small engine repair Special needs housing Stable Stationary store (see Retail sales) Studios (i.e., recording, artist, dancing, etc.) Taverns* Theaters, enclosed* Tool sales and rental Tourist‐related uses Trailer‐mix concrete plant* (resource‐dependent use) Upholstering Video store (rental, not adult) >3,000 sf* Video store (rental, not adult) 3,000 sf or less Vocational school Warehousing Welding shops and sheets metal shops Wholesale Wrecking/junk yards* (Ord. 73‐07 Attach. B (part), 2007; Ord. 108‐05 Attach. B (part), 2005; Ord. No. 134‐08, 12‐16‐2008) 17.03.022 Electric vehicle infrastructure. A. Purpose. This section provides opportunities for electric vehicle infrastructure for all zoning districts in the county. These regulations are intended to: 1. Provide adequate and convenient electric vehicle charging stations to serve the needs of the traveling public; 2. Provide opportunities for Mason County residents to have safe and efficient personal electric vehicle charging stations located at their place of residence; and 3. Provide the opportunity for commercial and industrial projects to supply electric vehicle charging station services to their customers and employees. B. Applicability. 1. Electric vehicle infrastructure is permitted, as follows: a. Electric vehicle charging stations equipped with level 1 or level 2 charging equipment as an accessory use in all zoning districts. b. Rapid charging stations also known as level 3 charging in urban growth areas within village commercial, tourist commercial, highway commercial, business park, public facility, planned Page 10 of 81 development, festival retail, mixed use, general commercial, business industrial, low intensity mixed use, commercial‐industrial, airport industrial, industrial, public institutional, zones. c. Battery exchange stations in urban growth area industrial zones including: business industrial, commercial‐industrial, airport industrial, and other industrial zones. C. Definitions. For the purposes of this section, the following definitions shall apply: Battery exchange station "Battery exchange station" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by Chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540. Charging levels "Charging levels" means the standardized indicators of electric force, or voltage, at which an electric vehicle's battery is recharged. The terms 1, 2, and 3 are the most common electric vehicle charging levels, and include the following specifications. • Level 1 is considered slow charging (120‐volt AC). • Level 2 is considered medium charging (208‐ or 240‐volt AC). • Level 3 is considered fast or rapid charging (480‐volt AC). Electric vehicle "Electric vehicle" means any vehicle that operates, either partially or exclusively, on electrical energy from the grid, or an off‐board source, that is stored on‐board for locomotive purpose. "Electric vehicle" includes: • battery electric vehicle; • plug‐in hybrid electric vehicle; • neighborhood electric vehicle; and • medium‐speed electric vehicle. Electric vehicle charging station "Electric vehicle charging station" means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or other energy storage device in an electric vehicle, consistent with RCW 46.08.185. Rapid charging station "Rapid charging station" means an industrial grade electrical outlet that allows for faster recharging of electric vehicle batteries through higher power levels and that meets or exceeds any standards, codes, and regulations set forth by Chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. D. General Requirements. Installation of electric vehicle infrastructure must be consistent with the rules for electric vehicle infrastructure requirements adopted by the State Building Code Council and the Department of Labor and Industries for the installation of electric vehicle infrastructure. All wires and equipment that convey electric current and any equipment to be operated by electric current must be consistent with the standards in RCW 19.27.540 and 19.28.281. E. Process. 1. An application to establish electric vehicle infrastructure must obtain an electrical permit through Washington State Department of Labor and Industries. 2. Battery exchange stations that are an addition to an existing use require a site plan review process consistent with Mason County Code Section 17.05.046. Page 11 of 81 3. New battery exchange stations require a review process consistent with Mason County Code Section 8.48.050. (Ord. No. 23‐19, Att. B, 3‐19‐2019) 17.03.024 Residential uses as special uses. On any lot abutting a railroad track or airport, a special use permit shall be required for a residential use of that property. A residential dwelling located more than one hundred fifty feet from such a facility shall be exempt from this requirement, if the lot upon which the dwelling is to be placed is located within an urban growth area. (Ord. 108‐05 Attach. B (part), 2005). 17.03.025 Provisions for 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. (b) Airport overlay zones set out the standards for appropriate land uses and 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 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. (Ord. 108‐05 Attach. B (part), 2005). 17.03.028 Essential public facilities. Essential public facilities shall require a special use permit in any development area. (Ord. 108‐05 Attach. B (part), 2005). 17.03.029 Accessory dwelling unit requirements. In rural lands, accessory dwelling units (ADU) must meet the following requirements: (1) The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a shoreline permit; (2) In shoreline jurisdiction, the owner of the ADU must reside on the lot in either the principal residence or ADU; (3) The ADU shall be located on the lot of the principal residence or shall be a conversion of an existing detached structure (i.e. garage); (4) The ADU shall not exceed eighty percent of the area of the primary residence or one thousand two hundred (1,200) square footage feet, whichever is smaller. An existing residence can be converted to an ADU with the development of a new primary residence, the ADU shall be no more than eighty Page 12 of 81 percent of the area of the primary residence and up to one thousand five hundred (1,500) square feetof the habitable area of the primary residence or one thousand feet, whichever is smaller; (5) All setback requirements must be met by the ADU; (6) All applicable health district standards for water and sewer must be met by the ADU; (7) No recreational vehicles shall be allowed as ADU; (8) Only one ADU is allowed on any property; (9) An additional off‐street parking space must be provided for the ADU. (Ord. 108‐05 Attach. B (part), 2005; Ord. No. 2022‐006, Att. B, 1‐18‐2022) 17.03.030 Development requirements and performance standards. The following development requirements and performance standards apply to all property proposed for development, which is within the boundary of Mason County's Urban Growth Areas (UGA). No development approval shall be given, and no building permit shall be issued, unless the proposed development complies with the provisions of this chapter. (1) New Lots. (a) No new lots will be created within the boundaries of the Belfair, Shelton, and Allyn UGAs, which employ individual or community/group on‐site sewage disposal systems except when the following circumstances may apply: (i) Use of on‐site sewer systems as a transitional strategy where there is a development phasing plan in place (see WAC 365‐195‐330 [WAC 365‐196‐330]); or (ii) To serve isolated pockets of urban land difficult to serve due to terrain, critical areas or where the benefit of providing an urban level of service is cost‐prohibitive; or (iii) Where on‐site systems are the best available technology for the circumstances and are designed to serve urban densities (b) All residential subdivisions created after the adoption of this chapter shall have a maximum residential density of four units per gross acre in the R‐4 zone and five units per gross acre in the R‐5 zone consistent with MCC 17.22.010 and MCC 17.22.060. The R‐10 zone shall have a minimum density of ten units per net developable acre as described in 17.22.110. (bc) Location of sewer lines will be prelocated and easements established in conformance with the sewer analysis plan and as illustrated on the Belfair UGA Build‐Out Sewer Connection Map. (2) Existing Lots of Record. (a) No new development or redevelopment on existing lots of record in the Belfair, Shelton, and Allyn UGAs shall be allowed using individual or community/group on‐site septic systems except that: (i) New development or redevelopment using an existing (as of April 8, 2008) approved on‐site or community/group system may be allowed provided that no expansion of the capacity of on‐site system is needed to serve the redevelopment and provided that the public sewer system has not been extended to within two hundred feet of the property line; and (ii) New development or redevelopment of lots, within the Belfair, Shelton, and Allyn UGAs, existing as of August 2, 2011, wherein sewer has not been extended to within two hundred feet of the property line may seek approval for on‐site septic system when: Page 13 of 81 (1) It complies with all requirements and specifications of the Mason County Department of Community ServicesEnvironmental Health, and the Mason County Department of Utilities and Waste Management, and (2) A binding site plan is submitted which provides for future sewer pipelines and other utilities in accordance with the Belfair UGA Build‐Out Sewer Connection Map, and (3) Demonstrates that development at the minimum density allowed within the zone could be achieved once public sewer and/or water would be available to serve the project site, and (4) Development of the site shall be consistent with the approved site plan. The director may allow minor modification to the site plan, provided that all other regulations and conditions placed on the approval are met, and (5) Reserved. (6) Reserved. (7) Payment of the Belfair sewer Capital Facilities Charge (CFC) in effect at the time of commencement of utilization of the onsite septic system (s), (i) Should sewer connections not become available within two hundred feet from the property line over a period of ten years from initial installation of the septic system, the customer is entitled to a refund of CFC. (ii) The refund shall be calculated from date of installation and shall include the original CFC charge plus interest calculated at two percent per year or based on the consumer price index whichever is lower for the time period. (iii) If the customer elects to receive the refund and sewer becomes available later, the customer would pay the CFC in effect at the time sewer becomes available. and (8) Agreement to decommission the onsite septic system and connect to public sewer within ninety days of the public sewer system extending to within two five hundred feet of the subject property's nearest property line. The cost of any connection/extension required will be borne by the property owners. The developer of an extension may collect reasonable latecomer's fees for off‐site improvements. (9) If a large onsite septic system (LOSS) is constructed in the Belfair UGA to serve development prior to sewer becoming available, the county shall be designated as the operator of the LOSS in order to establish a billing relationship with those served properties and to enable components of the LOSS to be repurposed as a lift component for connection to sewer. (10) Subdivisions developed within the UGA but not served initially by sewer will install sewer mains as an element of road and water system construction. Capital facilities charges shall be waived for such a development until sewer is available within two hundred feet. (b) All residential, industrial and commercial structures, currently using on‐site disposal systems, will be required to connect to public sewers once a public system is extended to within two five hundred feet of the closest property line regardless of the timing of the original on‐site installation. The cost of any extension required will be borne by the property owners. The developer of an extension may collect latecomer's fees for off‐site improvements. (c) All existing permits for the installation of on‐site systems, which have been approved but have not been installed, shall be declared void at such time the sewer is within two hundred feet of the closest property line. Page 14 of 81 (3) Existing Lot Consolidation or Boundary Adjustment. Within the Belfair, Shelton, and Allyn UGA, consolidation of existing residential lots to form a single lot greater than eight thousand square feet will not be allowed except to the extent that site conditions and site constraints impede the individual development of the lots combined by the consolidation, in accordance with subsection (2) above. (Ord. 59‐08 Attach. A (part), 2008: Ord. 45‐08 Attach. A (part), 2008: Ord. 30‐08 Attach. (part), 2008: Ord. 91‐07 (part), 2007: Ord. 10‐07 (part), 2007: Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 16‐09, 3‐3‐2009; Ord. No. 55‐12, Att. A, 7‐10‐2012; Ord. No. 46‐17, 8‐1‐2017; Ord. No. 23‐19, Att. A, 3‐ 19‐2019) 17.03.031 Binding site plan required in the Belfair UGA (Southern Connection—Long‐term UGA Zone).Development requirements – connection to Group A public water system required within UGA boundaries. The following development requirements apply to all property proposed for development, which is within the boundary of Mason County's Urban Growth Areas (UGA). (a) No new individual or two‐party private water sources shall be established in areas where water is available from an existing Group A public water system or within the service area of an existing Group A public water system. (b) Alternative water service shall be permitted on an interim basis, only if service from a Group A public water system cannot be provided in a timely and reasonable manner. (1) Interim water service from an existing Group B public water purveyor or the development of an individual well may be allowed with the following findings: (A) The applicant has submitted verification in writing of water availability from the water system Group A or B purveyor, as well as a letter from the same purveyor that demonstrates to the Community Development Department that receiving water from the purveyor at the time of construction is unfeasible and thus cannot be provided in a timely and reasonable manner as outlined by the process provided below: (i) The purveyor states in writing that it is unable or unwilling to provide service, or within 120 days, the purveyor and applicant are unable to negotiate an agreement on the schedule and terms providing service. The 120 day period commences at the first meeting between the purveyor and the applicant. Written confirmation of an agreement between the applicant and purveyor must be reached by the end of the 120 day period. (ii) If the applicant is unable to acquire a response from the purveyor, a certified letter to the purveyor requesting service shall serve as notice of the 120 day negotiation start date. (B) The applicant has provided a certificate of future connection from the appropriate Group A water purveyor that certifies that an irrevocable agreement has been entered into with the purveyor providing that the property shall be connected to the purveyor's water system upon availability of such water service and that the property owner shall pay all costs of connection. The applicant agrees to decommission any well that is abandoned in the process of connection to a Group A water system in conformance with applicable state law, WAC 173‐160. This certificate shall be recorded in the real property records of Mason County and shall be a permanent condition on the property running with the land until such time as the costs for connection are fully paid to the purveyor. Page 15 of 81 (a) Within the Southern Connection—Long‐term UGA Zone development may be allowed with the use of an on‐ site system when: (1) Complies with the applicable health regulations and other Mason County building regulations; e.g. critical areas, stormwater management, etc. (2) A binding site plan is submitted which provides for future sewer pipelines and other utilities in accordance with the Belfair UGA Build‐Out Sewer Connection Map. (3) Demonstrates that development at the minimum density allowed within the zone could be achieved once public sewer and/or water would be available to serve the project site. (4) The development density does not exceed one unit/five acres. (b) The binding site plan prepared under this section and reviewed and approved by the director, shall address the following: buffers, landscaping, traffic access and parking standards, sewage disposal provisions, height and scale in relation to surrounding uses and future uses, vegetation removal, stormwater, potable water, and lot coverage. (c) Development of the site shall be consistent with the approved site plan. The director may allow minor modification to the site plan, provided that all other regulations and conditions placed on the approval are met. (Ord. 59‐08 Attach. A (part), 2008: Ord. 45‐08 Attach. A (part), 2008: Ord. 30‐08 Attach. (part), 2008: Ord. 91‐07 (part), 2007: Ord. 10‐07 (part), 2007: Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 118‐08, 11‐4‐2008) 17.03.032 Development densities and dimensional requirements. (a) Development Densities. Development densities for residential development are calculated as the allowed number of dwelling units per acre (DU/ac). For nonresidential development, development densities are calculated as the amount of building floor area allowed per gross acre of land, the "floor area ratio" (FAR). For all development areas within the county, these development densities are shown in Figure 17.03.032 or are included in Chapter 17.04 for rural lands and Chapter 8.52 for resource lands.. (b) This chapter regulates residential lot development through the use of standard residential density limits and maximum residential density limits, as contained in Figure 17.03.032 and Chapter 17.04. The standard residential density shall be applied as follows: (1) On a lot existing at the time of the initial adoption of this chapter (June 17, 1998) and otherwise suitable for residential use, the standard residential density limit is used to determine the allowed number of dwelling units on the site. For example, in the Rural Residential 5 Zone the standard residential density is one dwelling unit per five acres. Therefore, a lot of five acres would comply with the standard residential density requirement for one dwelling; (2) If the existing lot does not have an adequate area to comply with the applicable standard residential density requirement, then one dwelling unit may be allowed. For example, in the rural activity centers the standard residential density is one dwelling unit per two and one‐half acres. Therefore, if a lot was less than two and one‐half acres, a dwelling unit may be allowed, provided that the lot could comply with all other applicable standards and requirements; (3) (A) Except through an approved subdivision or performance subdivision, pursuant to Mason County Code Title 16, or through the provisions of subsection (b)(3)(B), (3)(C), or (3)(D) of this section, no residential lot of less than the standard residential density may be created or reduced in size except Page 16 of 81 through the provisions of subsection (b)(3)(C)(iv). The allowed residential density (allowed number of dwelling units) of the entire original property is allocated to the lots created. For example, in the Rural Residential 5 Zone, the standard residential density is one dwelling unit per five acres. Therefore, a rural area property or parcel of twenty acres might be divided into three lots of two acres each and one lot of fourteen acres, provided that the fourteen‐acre lot would have the right to only one dwelling, and could not be further subdivided for residential purposes; (B) If a lot has more than one, but not more than four existing residential dwellings, then the e administrator may approve the division of the lot in a manner that establishes each dwelling on a separate lot. Provided that: (i) Any new lot created by this method shall be considered a conforming lot, (ii) The provisions of this section shall apply only to lots and dwellings that were legally created and built, (iii) The provisions of this section shall not apply to dwellings that were permitted as accessory dwellings or temporary dwellings, (iv) In approving such a subdivision of land, the director shall make the following determinations: a. Each dwelling shall have access by frontage or easement to a public way, b. Each dwelling shall be connected to a septic system or sewer line adequate to serve the dwelling, c. Each dwelling shall be served by a sufficient supply of potable water, and d. The division of land shall occur in a manner that minimizes any nonconformity related to minimum lot size or setback requirement; (C) Boundary Line Adjustments. (i) Boundary line adjustments to existing lots in rural residential districts may reduce the size of a lot that is already nonconforming as to density provided that the lot is not reduced below the minimum lot size of two acres; (ii) Boundary line adjustments in rural residential districts for existing lots under two acres may reduce the size of the existing nonconforming lot, provided that: a. The adjustment is solely for the purpose of resolving issues of encroachments by buildings or other improvements; the administrator finds sufficient evidence of the encroachment and the proposed adjustment is the minimum necessary to resolve the issue, or a court must order the change; and the resulting lot has a sufficient area and dimension to meet minimum requirements for width and area for a building site and comply with all setback, buffer, and open space requirements to accommodate a residence, driveway, parking, and, where required, a well, stormwater system, and septic system and reserve area, or b. The new boundary recognizes a logical physical boundary or condition; the net reduction does not exceed twenty percent of the area of the lot; and the resulting lot has a sufficient area and dimension to meet minimum requirements for width and area for a building site, exclusive of all setback, buffer, and open space requirements, to accommodate a residence, driveway, parking, and, where required, a well, stormwater system, and septic system and reserve area; Page 17 of 81 (iii) Boundary line adjustments in rural residential districts may reduce the size of a lot currently two acres or larger to below the minimum lot size of two acres, provided that: the adjustment is solely for the purpose of resolving issues of encroachments by buildings or other improvements; the administrator finds sufficient evidence of the encroachment and the proposed adjustment is the minimum necessary to resolve the issue, or a court must order the change; and the resulting lot has a sufficient area and dimension to meet minimum requirements for width and area for a building site, exclusive of all setback, buffer, and open space requirements, to accommodate a residence, driveway, parking, and, where required, a well, stormwater system, and septic system and reserve area; (iv) Boundary line adjustments in the Rural Residential 5, 10, and 20 districts may reduce the size of a lot to below the development density standard (5, 10, or 20 acres), provided that development density is not increased. For, example, in a Rural Residential 5 zone, a BLA between a 5 acre lot and a 7 acre lot cannot create a two‐acre lot (minimum allowed lot size) and a 10 acre lot as the 10 acre lot would appear to have additional density;: the adjustment is solely for the purpose of resolving issues of encroachments by buildings or other improvements; the administrator finds sufficient evidence of the encroachment and the proposed adjustment is the minimum necessary to resolve the issue, or a court must order the change; and the resulting lot has a sufficient area and dimension to meet minimum requirements for width and area for a building site, exclusive of all setback, buffer, and open space requirements, to accommodate a residence, driveway, parking, and, where required, a well, stormwater system, and septic system and reserve area; (v) The administrator may allow expansion of existing lots through boundary line adjustments into adjoining land use districts without requiring compliance with lot size or density requirements of the adjoining district, provided that the adjustment is solely for the purpose of resolving issues of encroachments by buildings or other improvements. In order to approve the adjustment, the administrator must find sufficient evidence of the encroachment and the proposed adjustment is the minimum necessary to resolve the issue, or a court must have ordered the claim. The administrator shall keep a docket of such approvals for consideration as map amendments at the next annual review; (vi) When land is transferred from an existing lot that does not meet the density requirement to another lot under this provision, no rights to increase density are transferred with the land; (vii) Where one or more property owner(s) own two or more adjacent lots which are all deemed buildable by Mason County, and of which at least one is conforming in size, Mason County may approve a boundary line adjustment that results in the same number of conforming lots and does not create any lot less than the size of any original nonconforming lot; (D) When property is acquired in fee ownership by the public for public purposes by condemnation or other means: (i) No existing lot shall be reduced in dimension or area such that it does not have an adequate area, exclusive of all setback, buffer, and open space requirements, to accommodate a residence (or other building where residential use is prohibited), driveway, parking, and, where required, a well, stormwater system, and septic system and reserve area; (ii) No rural residential district lot shall be divided in such a manner that the total number of residential units allowed after the acquisition would be greater than the total number of residential units allowed prior to the acquisition, but outlots may be created; and Page 18 of 81 (iii) Acquisition of an easement for road right‐of‐way does not divide the property. (4) Title 16, Mason County Code, regulates land divisions in Mason County and establishes a review process by which all applicable regulations can be addressed. The allowable size and configuration of any given lot in a land division is determined through this process. Issues to be considered in establishing a minimum size for any particular lot shall include adequate provisions for buffer yards and, as setbacks as set forth in Section 17.03.036 or setbacks in Chapter 17.04. (5) Redesigning an undeveloped plat or groups of contiguous lots: (A) Defining the Number of Lots Involved. In existing (as of June 17, 1998) contiguous lots in rural areas that are principally undeveloped, owner(s) may plat or re‐plat the contiguous lots and may preserve some of the allowed density of the nonconforming existing lots as follows: (i) For the nonconforming lots, one lot for every four existing lots, or one lot per two and one‐ half acres, whichever is the greater number of lots; provided that existing lots greater than two and one‐half acres shall not count for more than one lot in the proposed plat or re‐ plat; (ii) For conforming lots that are included in the plat or groups of contiguous lots, the acreage of those lots is as determined by the density allowed in the designated zone. Areas proposed to be dedicated for public roads are to be included in the two and one‐half acres per lot standard for determination of the number of lots allowed in the re‐plat of lot layout. (B) Criteria for Proposed Lot Design for Lots Less Than Two Acres in Size. The layout of lots that are less than two acres in size set forth in subsection (b)(5)(A) of this section should use the following standards: (i) Designation of Primary Conservation Areas (When Present). Primary conservation areas, as defined in M.C.C. Title 16, Plats and Subdivisions, shall be clearly identified, and shall be set aside as permanent open space. Primary conservation areas shall be included in the calculation of both standard and maximum density allowed, but they shall not be used in calculating the percentage of permanent open space required; (ii) Designation of Secondary Conservation Areas (When Present). Secondary conservation areas, as defined in M.C.C. Title 16, Plats and Subdivisions, shall be identified and shall, to the greatest extent possible, be avoided as development areas. At least ten percent of the buildable area of the property be set aside as permanent open space. Buildable area excludes primary conservation areas, but includes secondary conservation areas; (iii) When applicable, the design of an open space area should address the following: a. Interconnection with designated open space on abutting properties, b. The preservation of important site features, such as rare or unusual stands of trees, unique geological features, or important wildlife habitat, c. Direct access from as many lots as possible within the development, d. Minimizing the fragmentation of the open space areas. To the greatest extent possible, the designated open space should be located in large, undivided areas, and e. A curvilinear roadway design which minimizes the visual impact of houses as may be seen from the exterior of the site; (iv) When applicable, the design of the proposal should avoid the following: a. The interruption of scenic views and vistas, Page 19 of 81 b. Construction on hill tops or ridge lines, c. Direct lot access or frontage on existing public ways, d. A "linear" configuration of open space (except when following a linear site feature, such as a river, creek or stream); (v) Lots intended for residential use of less than twenty thousand square feet area are not allowed; and (vi) Residential lots shall be grouped into clusters of two to eight lots with an open space separation of at least one hundred feet between clusters. (C) Transfer of Density Derived from this Review. Upon analysis of all of the opportunities and constraints identified on a specific group of parcels of land, if it is determined that the use of the provisions set forth in this chapter will not result in the use of the maximum density allowed, then the applicant shall have the right to transfer any unused development density to any parcel of land located in an urban growth area. By use of this transfer right, maximum density allowed in the urban growth area may be exceeded by up to fifty percent. (c) Dimensional Requirements. Dimensional requirements include setbacks, building height restrictions, and maximum allowed lot coverage. These requirements for each development area are set forth in Figure 17.03.032; consult the specific adopted urban growth area plan for density and dimensional requirements for the applicable zone designation. Maximum height restrictions shall not apply to storage silos, antennas, transmission towers, water tanks on lands in all zones and on resource lands; and shall not apply to incineration facilities, boilers, electrical or generating plants, or industrial facilities on lands zoned as industrial areas. Figure 17.03.032 Development Densities; Dimensional Requirements Description of Use Standard Residential Density Maximum Residential Density Standard Non‐ Residential Density*** (Floor Area Ratio) Maximum Building Size Maximum Building Height Setback Requirements Shelton Urban Growth Area (U) 4 du/ac 8 du/ac 1:1.5 n/a 35′ ** Belfair Urban Growth Area (U) 4 du/ac 6 du/ac 1:1.5 n/a 35′ ** Allyn Urban Growth Area (U) 4 du/ac 6 du/ac 1:2 10,000 sf (2) 35′ (1) ** Mineral Resource Areas (x) 1 du/40 ac 1 du/40 ac n/a n/a 35′* ** Agricultural Resource Lands (x) (a) (a) 1:20 n/a 35′* ** In‐Holding Lands 1 du/5 ac 1 du/5 ac 1:20 10,000 sf 35′* ** U = consult the specific adopted urban growth area plan and development regulations for density and dimensional requirements for the applicable zone designation. FOR DEVELOPMENT STANDARDS IN RURAL AREA, SEE CHAPTER 1.04 Page 20 of 81 * ;hg;resource‐based activities are exempt from this requirement ** ;hg;see buffer yard standards *** ;hg;fire stations exempt from this requirement (1) ;hg;except that the maximum building height in the Allyn UGA is 25 feet East of State Highway 3 between Wade Street and Evans Street (which is known as Lakeland Drive) (2) ;hg;may be increased to 20,000 sf with a Special Use Permit (x) ;hg;clustering of residential development is required (a) ;hg;see the density provisions of Section 17.03.037 (Ord. 108‐05 Attach. B (part), 2005) 17.03.033 Performance‐based density bonuses. Where they are greater than the standard residential densities, the "Maximum Residential Densities" shown in Figure 17.03.032 and in Chapter 17.04 may be achieved only through the use of the performance standards set forth in this chapter and in Title 16, or through the provisions contained in Section 17.03.037 of this chapter. These standards are designed and intended to encourage the preservation of the character of the land surrounding the proposed land use. The achievement of these bonuses will, in most cases, require an analysis of the land to document existing conditions, opportunities and constraints. Use of this information will assist in determining the most appropriate development pattern for each individual site. (Ord. 108‐05 Attach. B (part), 2005). 17.03.034 Classification of land uses established. In order to determine the compatibility of differing land uses, and to minimize the impacts that development may have on abutting property, all land uses permitted in Mason County are classified into six categories. Those categories are illustrated in Figure 17.03.034. Figure 17.03.034 CLASSIFICATION OF LAND USES Category I Open Space ‐ Passive recreation areas ‐ Walking or hiking trails ‐ Cemeteries Residential, Type I ‐ Detached, single‐family dwelling; 1 du/20 ac. or greater ‐ Accessory apartment ‐ Home occupation ‐ Child day care, family Agriculture, Type I ‐ Crops Page 21 of 81 ‐ Orchards ‐ Vineyards ‐ Pasture ‐ Farm stands ‐ Greenhouses, no sales to the public Category II Residential, Type II ‐ Detached, single‐family dwelling; 1 du/ac. to 1 du/20 ac. ‐ Two to four‐family dwelling; 1 du/ac. or greater Public Institutional ‐ Schools ‐ Churches ‐ Libraries ‐ Post Offices Recreation ‐ Parks ‐ Active recreation areas ‐ Bicycle/equestrian trails Group Care Facilities, Type I ‐ Adult‐day care facility ‐ Child day care, commercial ‐ Group homes Lodging, Type I ‐ Campgrounds ‐ RV parks ‐ Bed and Breakfast, 12 or fewer guest rooms ‐ Vacant land Category III Residential, Type III ‐ Attached or detached single‐family dwellings, more than 1 du/ac ‐ Multi‐family dwellings ‐ Mobile home parks Group Care Facilities, Type II ‐ Adult retirement communities ‐ Assisted living facilities Page 22 of 81 Category IV Lodging, Type II ‐ Bed and Breakfast ‐ Motel ‐ Boarding House ‐ Hotel Commercial, Type I (hours of operation limited to 7:00 a.m. to 8:00 p.m.) ‐ Professional offices ‐ Retail, less than 10,000 s.f. ‐ Medical clinics ‐ Banks Agriculture, Type II ‐ Greenhouses ‐ Nursery yards ‐ Livestock ‐ Kennels ‐ Parking Areas, Lots ‐ Cottage Industries Category V Commercial, Type II ‐ Retail, general ‐ Hospitals ‐ Animal clinics ‐ Automobile service station ‐ Vehicle sales ‐ Vehicle repairs ‐ Auction house ‐ Contractor yards ‐ Home and garden centers ‐ Health clubs ‐ Wholesale ‐ Boat yards/marinas ‐ Mobile home sales Industrial, Type I Page 23 of 81 ‐ Warehouse, distribution ‐ Light Industry ‐ Wholesale Category VI Industrial, Type II ‐ Heavy industry ‐ Mining, extraction ‐ Airport Agriculture, Type III ‐ Forestry ‐ Logging Rifle range ‐ Wrecking/junk yard (Ord. 108‐05 Attach. B (part), 2005) 17.03.035 Land divisions in resource lands. (a) Cluster development, as provided in Chapter 16.23, Mason County Code, is requiredmay be allowed for all residential subdivisions or short plats located in the following development areas: agricultural resource lands, long‐term commercial forests and mineral resource areas. (1) No lot for which the construction of a residential dwelling is proposed under this section and Chapter 16.23, Mason County Code, shall exceed two acres in gross land. (2) In agricultural resource lands, no open space lot shall be less than ten acres, as defined in Section 16.23.035, Mason County Code. (b) Land divisions for purposes other than residential development shall have a minimum lot size of ten acres for agricultural resource land; provided, however, that lots created for and restricted to the use of fire stations or for utilities are not required to meet the minimum lot sizes defined in this section. (Ord. 108‐05 Attach. B (part), 2005). 17.03.036 Buffer and landscape requirements. As a method for allowing the placement of differing land uses adjacent to one another, buffer yards shall be required. These requirements do not apply to: (a) urban growth areas, where the public should consult the specific adopted urban growth area plan for density and dimensional requirements for the applicable zone designation; and (b) rural lands, where the standards included in Chapter 17.04 shall be applied. Subsection (f) of this section, the additional requirement for land adjacent to agricultural resource lands, continues to apply to rural lands. The location, size and type of buffer yard shall be determined by comparing the category of the proposed land use with the categories of all abutting land uses, in accordance with Figure 17.03.036. Buffer yard requirements are stated in terms of the number of plant units required per one hundred linear feet of buffer yard. Any land set aside as a buffer yard may be used in calculating the development density of a parcel of land. Page 24 of 81 (1) It is the intent of this section that the establishment of any buffer yard pursuant to the criteria set forth in this chapter will result in full compliance with the standards for maximum environmental noise levels as set forth in WAC 173‐60. Buffer yards exceeding the minimum requirements of this section may be required in the event that maximum environmental noise level requirements are not met. It shall be the sole responsibility of the owner of the property upon which the buffer yard is established to assure compliance with these state‐established noise levels. (2) Determination of Buffer Yard Requirements. To determine the type of buffer yard required between two adjacent parcels, or between a parcel and a street, the following procedure shall be followed: (A) Identify the land use category of the proposed use by referring to Figure 17.03.034; (B) Identify the uses of all adjacent properties by on‐site survey; (C) Identify the land use categories of all adjacent parcels by referring to Figure 17.03.034; (D) Determine the buffer yard required on each boundary (or boundary segment) by referring to Figure 17.03.036. (3) Responsibility for Buffer Yard. (A) When a use is the first use to develop on one of two adjacent, vacant parcels, the first use shall provide the buffer which Figure 17.03.034 requires next to vacant land. The second use to develop shall, at the time of its development, provide all additional plant material and/or land necessary to provide the total buffer yard required between those two uses. (B) When an existing use changes to a higher intensity use as determined by Figure 17.03.034, all of the buffer yard requirements of this chapter shall be met. (C) When an existing use expands, the administrator shall determine whether the extent and location of the expansion shall require conformity with this chapter. In making such determination, the administrator may consider the size, location and purpose of the expansion, the relationship of any existing structures to the expansion, and the nature of surrounding land uses. (4) Exemption from Buffer Yard Requirements. When a land use requires direct and unobstructed access to an adjacent transportation facility such as a railroad or airport, the requirements of this chapter shall be waived to the extent necessary to allow for such access. (5) Use of Existing Materials. (A) Existing, healthy plant materials on a parcel may be used to meet the requirements of this chapter. (B) Any open space created pursuant to Chapter 16.22 may be used to meet the requirements of this chapter. (C) Any wetland or associated buffer set aside pursuant to any federal, state or county environmental regulation may be used to meet the requirements of this chapter. (6) Additional Requirements for Agricultural Lands. For lands adjacent to agricultural resource lands, in addition to the bufferyard requirements otherwise required, all structures or uses shall maintain a minimum setback of one hundred feet from designated agricultural tracts for land designated as urban growth areas, rural activity centers or rural community centers, or fifty feet for lands designated as rural areas, except for any structure or uses which have been identified as permitted uses in agricultural resource lands. Residential clusters created on lands adjacent to agricultural resource lands through a performance subdivision as provided in Chapter 16.22, Mason County Code, shall be separated from the agricultural resource land by the designated open space areas to a minimum width Page 25 of 81 of one hundred feet on lands designated as urban growth areas, rural activity centers or rural community centers, or fifty feet for lands designated as rural areas. (7) Required Plant Material Specifications. Figure 17.03.039 identifies the minimum sizes of the various types of plant materials required under this chapter. (8) Substitution of Plant Materials. (A) In buffer yards D, E, and F, evergreen canopy or evergreen under story trees may be substituted for deciduous canopy or under story without limitation. (B) In buffer yards A, B, and C, up to fifty percent of deciduous canopy or under story may be substituted with evergreen canopy or under story. (C) In all buffer yards, evergreen or conifer shrubs may be substituted for deciduous shrubs without limitation. (9) Maintenance of Plant Materials. (A) All planting materials required by this section shall be maintained by the property owner in a manner to assure the health of the planting, and to assure that the buffer yard continues to serve its intended function. (B) If any required planting materials shall cease to serve their intended function due to size, age or health, the property owner shall replace such planting material with the same or similar plant types, as provided in this chapter. (10) Variations of Buffer Yard Requirements. (A) In all buffer yards, planting requirements may be reduced by twenty‐five percent by increasing the width of the buffer by fifty percent. (B) In all buffer yards, the required width of the buffer yard may be reduced by fifty percent by increasing the amount of plantings by one hundred percent. (C) In buffer yards A and B, the buffer yard width or the amount of planting may be reduced by fifty percent if any fence or berm shown in Figure 17.03.037 is used. (D) In buffer yard C, the buffer yard width or the amount of planting may be reduced by fifty percent if a structure F3 or above is used. (E) In buffer yard D, the buffer yard width or the amount of planting may be reduced by fifty percent if a structure F4 or B2 or above is used. (F) In buffer yards E and F, the buffer yard width or the amount of planting may be reduced by fifty percent if a structure F6 or BW1 is used. (11) Uses Allowed in a Buffer Yard. (A) 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. (B) Required stormwater facilities may be located within buffer yards, provided that the landscaping of such facility complies with the requirements of this section. (12) In the determination of applicable buffer yards, either through this subsection or in Chapter 17.04, the front yard setback shall not be less than ten feet, except by the granting of a variance (Section 17.05.030). (Ord. 108‐05 Attach. B (part), 2005). Page 26 of 81 Figure 17.03.036 BUFFER YARD REQUIREMENTS Adjacent Existing Land Use Classification Proposed Land Use Intensity Class I II III IV V VI I A B C D E F II B A B D D F III C B A C D E IV D D C B D E V E D D D C D VI F F E E D D Page 27 of 81 17.03.037 Density transfer and agricultural resource lands. The following provisions apply only to agricultural resource lands or to land in the urban growth area which has received a transfer of density as described in this chapter: (1) The standard residential density allowed for development on agricultural resource lands is one dwelling unit per ten acres, except as otherwise provided in this section. (A) Resource subdivisions or short plats in agricultural resource lands are subject to the cluster subdivision provisions of Chapter 16.23 of this code. The maximum allowed density of such cluster subdivisions is one dwelling unit per five acres. The maximum number of residential lots that may be created, not including any lots restricted to agricultural/open space use, is equal to the number of dwelling units allowed. However, where there was a single‐family dwelling on the property as of December 30, 1997, then an additional residence lot may be created, subject to the following: (i) Only one such additional lot may be created for all land which was contiguous and in the same ownership as of December 31, 1997, (ii) Each residence existing or vested at the time of application for the land division shall be each placed on their own residential lot; (B) Each residential lot created as provided in subsection (1)(A) of this section, is allowed one dwelling unit; (2) Agricultural resource lands are granted an additional density of one dwelling unit per five acres, except that those agricultural resource lands which lie within an urban growth area are granted an additional density of four dwelling units per acre, provided that, in both cases, this additional density shall only be used if transferred to land which is not agricultural resource land but which is within the urban growth area; (3) Part or all of the agricultural resource lands maximum allowed residential density may be transferred for use on land which is not agricultural resource land but which is within the urban growth area rather than used on the originating property; (4) In the urban growth areas, density transfer under the provisions of this section may be used on the receiving property in order to allow residential development up to the "Maximum Residential Density," shown in Figure 17.03.032, without a performance based subdivision and without compliance with the performance standards or criteria for such subdivisions as established in Chapter 16.22 of this code. (Ord. 108‐05 Attach. B (part), 2005). Page 28 of 81 Page 29 of 81 Figure 17.03.038 BUFFER YARD STANDARDS Bufferyard A Bufferyard B Bufferyard C Bufferyard D Bufferyard E Bufferyard F Buffer width 5′ 10′ 15′ 20′ 25′ 50′ Structure Required no no No F3 or B1* F4 or B2* F5 or B3* Plant units/100′ Canopy trees 0.6 1 2 3 4 8 Under story trees 1 2 4 6 6 12 Shrubs 0 3 6 9 24 48 Evergreens 0 0 0 0 12 24 * See Figure 17.03.037 for structure details. Figure 17.03.039 PLANT MATERIAL TYPES Plant Material Type Planting in Buffer Yards abutting Vacant Lands All Other Plantings Canopy tree (deciduous) Single stem 1 ½ inch caliper 2 inch caliper Multi‐stem clump 6 feet height 8 feet height Under story tree (deciduous) 4 feet height 6 feet height Evergreen 4 feet height 6 feet height Shrub Deciduous 1 gal (15 inches height) 2 gal (24 inches height) Evergreen 1 gal (12 inches height) 2 gal (18 inches height) Note: These requirements refer to the minimum size of plant materials at the time of planting. 17.03.040 Off‐street parking. (a) Parking requirements for all land uses will follow the standards from Chapter 17.08, Mason County Parking Standards. (b) In all rural residential zones and inholding lands: (1) No parcel without a residence shall have more than three vehicles located on the parcel; (2) No parcel having a residence shall have more than ten vehicles located on the parcel; (3) The limits of criteria (1) and (2) of this section apply regardless of the specific vehicles on the parcel or whether the vehicles are moved around on the parcel; Page 30 of 81 (4) Vehicles contained in permitted residential garages or enclosed buildings approved for occupancy Group U‐1 (motor vehicle storage) and having a complete floor surface and floor drainage that contains any fluids from infiltrating into the ground, shall not be counted or included in the limits of criteria (1) and (2) of this section; (5) All vehicle accumulations on a parcel made nonconforming by these regulations shall be removed from the parcel by July 1, 2004; (6) These limits shall apply to vehicles located on a parcel for more than seven days; (7) A residence is defined in this section as a site‐built, manufactured, or modular home permanently installed on the parcel; (8) Vehicles in this section include, but are not limited to, cars, trucks, vans, buses, recreational vehicles, trailers, all‐terrain vehicles, motorcycles, watercraft, airplanes, and earthmoving, logging, or construction equipment, but does not include farm equipment; (9) Adjoining parcels of common ownership (not separated by state or county road) shall be considered part of the same parcel for the purposes of this section. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 47‐09, Attach. C, 6‐2‐2009) 17.03.105 Motor vehicle impound yards. Motor vehicle impound yards and their accessory structures are permitted in designated urban growth areas at sites which are designated for industrial or commercial/industrial mix on the Mason County comprehensive plan future land use map for the respective urban growth area, as amended. (1) When the adjacent parcel is (1) designated industrial and either vacant or in industrial use, or (2) designated commercial/industrial mix and in industrial use, then the standard F3 fence shall be required along the property line with such uses. (2) When the adjacent parcel does not meet the requirements stated in subsection A of this section, then the proposed impound yard shall be enclosed within a structure, or the operation shall be contained within one of the following buffers: (A) A minimum twenty foot wide buffer consisting of a type F4 fence on the project side of the buffer, together with a type B1 berm and plants as specified in Bufferyard E, planted in such a fashion that a year‐round screen at least eight feet in height shall be produced within three growing seasons; (B) A minimum twenty foot wide buffer consisting of the security and sight obscuring fencing on the project side of the buffer, together with four canopy trees, twelve understory trees, forty‐eight evergreen shrubs, and twenty‐four deciduous shrubs per one hundred lineal feet of buffer planted in such a fashion that a year‐round screen at least eight feet in height shall be produced within three growing seasons; (3) Noise, odor, light and glare from these operations shall meet the standards of Section 17.04.400 (performance standards of rural industrial land uses); (4) These operations shall include the following best management practices: (a) permanent paved surface that aids in the control and containment of spills and fluid leaks during movement and storage of impounded vehicles; (b) approved stormwater features that separate contaminants from rainfall and runoff; and (c) containment of moderate risk waste and petroleum products shall be conducted as set Page 31 of 81 forth in Mason County Resource Ordinance Section 17.01.080(P), Secondary Containment of Hazardous Materials; (5) Guard dogs shall not be used. (Ord. 108‐05 Attach. B (part), 2005). 17.03.200 Intent of sign regulations. The intent of the sign regulations is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the size, design, construction, location, electrification and maintenance of all signs and sign structures; to preserve and improve the appearance of the county as a place in which to live and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business and for public information while preventing excessive and confusing sign displays, aesthetic clutter, destruction of the environment and signs that pose a hazard to the public. (Ord. No. 134‐08, 12‐16‐2008) 17.03.201 Exemptions to the sign regulations. The following are not to be regulated as signs or are exempt signs in the development regulations: A. The flag, emblem or insignia of a nation or other governmental unit or nonprofit organization subject to the guidelines concerning their use set forth by the government or organization that they represent; B. Traffic or other county signs, signs required by law or emergency, railroad crossing signs, legal notices and signs erected by government agencies to implement public policy; C. Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones; D. Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses; E. Temporary signs or decorations, which are clearly incidental and customary and commonly associated with any national, local or religious holiday; F. "No trespassing," "no dumping," "no parking," "private," signs identifying essential public needs (i.e., rest rooms, entrance, exit telephone, etc.) and other informational warning signs, which shall not exceed three square feet; and G. Sculptures, fountains, murals, mosaics and design features that do not incorporate advertising or identification. (Ord. No. 134‐08, 12‐16‐2008) 17.03.202 Prohibited signs. The following signs or displays are prohibited in all rural areas of the county and the Shelton UGA: A. Roof signs; B. Banners or signs over and/or across county roads; C. Signs located in county right‐of‐way, unless otherwise approved with a road‐use permit from the public works department. Except for temporary signs in accordance with the following restrictions: Page 32 of 81 (1) Signs shall not be posted in a manner or location, which may cause visual obstruction or visual safety hazard for traffic especially in and around intersections, driveways and other access points. (2) Signs shall not be placed in a location typically used by motor vehicles in a lawful manner (road shoulders). (3) Signs shall not be placed in a location, which may impede pedestrian, bicycle, or handicapped travel or access. (4) Signs shall not be placed within drainage areas and other areas maintained by the county public works department. (5) Signs shall not exceed four square feet in size. D. Signs shall not be posted on trees including in county right‐of‐way. E. Animated or flashing signs, provided that changing message center signs may be allowed when the image and/or message remains fixed for at least five seconds and that the only animation or appearance of movement allowed is the transition from one message and/or image to another by the scrolling on and/or off of the message and/or image; F. Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or which obstruct the visibility of traffic or street sign or signal device from the traffic intended to be served by the sign, signal or device; G. Advertising Vehicles. Signs that are attached to or placed on or in a vehicle or trailer parked on public or private property such that the primary use or intent becomes advertising. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business; H. Signs attached to utility poles or any other publicly owned structure; I. Off‐premises signs except for temporary signs as allowed in section 17.05.025. An off‐premises sign shall not include a sign located on private property, other than the property where the business (business, commodity, service or entertainment conducted, sold or offered) is located provided that: (1) The sign is placed with the property owner's consent; (2) The business does not have frontage on a collector road; and (3) The sign is placed for visibility from the collector road nearest to the business. J. Any county official may confiscate signs wrongfully placed in the right‐of‐way or off‐premises signs located in trees. (Ord. No. 134‐08, 12‐16‐2008) 17.03.203 Nonconforming signs. Nonconforming signs (those that were permanently installed and legally erected prior to the adoption of this Code) shall be allowed to continue in use for up to twenty years from the adoption of this code (December 16, 2008) so long as they are continuously maintained, are not relocated, and are not structurally altered or made more nonconforming in any way. Signs located in trees shall have until January 1, 2009, to be removed. Signs that aren't removed by January 1, 2009, will be considered a violation subject to fines and enforcement under title 15, chapter 15.13. Page 33 of 81 Permanent signs located within any part of the county right‐of‐way shall have until January 1, 2009, to be removed. Signs that aren't removed by January 1, 2009, will be considered a violation subject to fines and enforcement under title 15, chapter 15.13. Nonconforming signs listed on a historical register shall be allowed to continue so long as they are continuously maintained and are not structurally altered or made more nonconforming in any way, with exception of improving structural integrity. (Ord. No. 134‐08, 12‐16‐2008) Chapter 17.04 RURAL LANDS DEVELOPMENT STANDARDS Division I. Rural Residential Article I. Rural Residential 2.5 (RR 2.5) 17.04.211 Purpose. This district provides for residential development, at a density of two and one‐half acres per residential lot, and where areas of small lot residential development and subdivisions patterns were established before December 5, 1996. (Ord. 108‐05 Attach. B (part), 2005). 17.04.212 Uses permitted. (a) Uses. Single‐family residential, hobby farm (small scale commercial agriculture, including aquaculture and wood lots), church, group homes, cell towers, public utilities. (b) Accessory Uses. Cottage industry (home occupation). (c) Special Permit Required Uses. Cemetery, commercial day care center, essential public facility, schools, and community and recreation centers.. (d) Signs are permitted not to exceed twelve square feet in size and six feet in height except for temporary signs permitted by section 17.05.025. Signs prohibited by section 17.03.2023 are not allowed. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.213 Lot requirements. (a) Density and Lot Size. Maximum of one dwelling unit per two and one‐half acres and one accessory dwelling unit per parcel; a minimum lot size of two acres, except as provided for in an approved performance subdivision. (b) Lot Width and Depth. All lots shall have a minimum width at any point of fifty feet. (c) Front Yard Setback. Twenty‐five feet. Page 34 of 81 (d) Side and Rear Yard Setbacks. Side and rear yard setbacks for the residential dwelling and accessory building is twenty feet, and for accessory structures used for agricultural purposes or home occupations is fifty feet. Exception to the side yard standard is allowed on a parcel with a lot width up to one hundred feet at the building site: the required side yard setback for a residential dwelling and accessory structures shall be equal to ten percent of the lot width but in no case shall be less than five feet from the property line. (e) A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes, such as stormwater storage, community play areas, or utility facilities, and is restricted by perpetual covenants meeting county requirements to said purpose, is not required to meet minimum lot size requirements. (Ord. 108‐05 Attach. B (part), 2005). 17.04.214 Building regulations. (a) Floor Area Ratio. One is to twenty, except for fire stations. (ab) Size. Three Four thousand eight hundred square feet maximum, for non‐agricultural and accessory buildings except for dwellings and agricultural buildings. (bc) Height. Thirty‐five feet, except for agricultural buildings, cell towers, antennas, water tanks, or necessary structural elements for an otherwise compliant permitted land use. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). 17.04.216 Off‐street parking. Two spaces per lot. (Ord. 108‐05 Attach. B (part), 2005). 17.04.217 Special provisions. (a) Cell towers shall be located per Ordinance No. 5‐98 Telecommunication Towers. (b) Accessory dwelling units are required to meet Section 17.03.029 standards. (c) Government operated day care centers, essential public facilities, churches, community centers, and schools may exceed three thousand sq. ft. as approved by a special use permit. Application for special use permit requires the applicant to provide the following information to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations: the location and size of lot(s); site plan with areas of proposed use; access to state and county roads; land uses on adjacent properties and potential impacts to those uses by the proposal; provision of parking areas and stormwater facilities; hours of operations; and anticipated sources of noise, glare, or odors from proposed use(s). (d) Essential public facilities, commercial day care centers, and schools which were in existence prior to June 17, 1996 and without a prior special use permit, may expand up to fifteen percent cumulatively from their size prior to June 17, 1996, without a special use permit. Expansions over fifteen percent will require a special use permit. (e) Front yard or rear yard setback may be reduced as provided in Section 17.05.034(C) or side yard setback may be reduced as provided in Section 17.05.034(d). (Ord. 108‐05 Attach. B (part), 2005). Title 17 ‐ ZONING Chapter 17.04 ‐ RURAL LANDS DEVELOPMENT STANDARDS Article II. Rural Residential 5 (RR 5) Mason County, Washington, Code of Ordinances Page 35 of 81 Article II. Rural Residential 5 (RR 5) 17.04.221 Purpose. This district provides for residential development on parcels of five acres or more. (Ord. 108‐05 Attach. B (part), 2005). 17.04.222 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 17.03.021. (d) Signs are permitted not to exceed twelve square feet in size and six feet in height except for temporary signs permitted by section 17.05.025. Signs prohibited by section 17.03.2023 are not allowed. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.223 Lot requirements. (a) Density and Lot Size. Maximum of one principal residence per five acres or 1/128th of a section and one accessory dwelling unit per parcel; minimum lot size of two acres, except in an approved performance subdivision the minimum lot size is twenty thousand sq. ft., and except for fire stations. (b) Lot Width and Depth. All lots shall have a minimum width at any point of fifty feet. (c) Front Yard Setback. Twenty‐five feet. (d) Side and Rear Yard Setbacks. Side and rear yard setbacks for the residential dwelling is twenty feet, for accessory buildings shall be twenty feet, for accessory structures used for agricultural purposes or home occupations shall be fifty feet, and for buildings of nonresidential land uses shall be twenty‐five feet. Exception to the side yard standard is allowed on a parcel with a lot width up to one hundred feet at the building site: the required side yard setback for a residential dwelling and accessory structures shall be equal to ten percent of the lot width but in no case shall be less than five feet from the property line. (e) A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes, such as stormwater storage, community play areas, or utility facilities, and is restricted by perpetual covenants meeting county requirements to such purpose, is not required to meet minimum lot size requirements. (Ord. 108‐05 Attach. B (part), 2005). Page 36 of 81 17.04.224 Building regulations. (a) Floor Area Ratio. One is to twenty, except for fire stations. (ab) Size. Three Four thousand eight hundred square. feet maximum for non‐agricultural and accessory buildings ,except for dwellings and agricultural buildings. (bc) Height. Thirty‐five feet, except for agricultural buildings, cell towers, antennas, water tanks, or necessary structural elements for an otherwise complaint permitted land use. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). 17.04.226 Off‐street parking. Two Spaces per Residence. See Parking Ordinance for other land uses; parking setback for nonresidential land uses shall be twenty‐five feet. . (Ord. 108‐05 Attach. B (part), 2005). 17.04.227 Special provisions. (a) Cell towers shall be located per Ordinance No. 5‐98, Telecommunication Towers. (b) Accessory dwelling units are required to meet Section 17.03.029 standards. (c) Government operated day care centers, essential public facilities, churches, community centers, and schools may exceed three thousand sq. ft. as approved by a special use permit. Application for special use permit requires the applicant to provide the following information to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations: the location and size of lot(s); site plan with areas of proposed use; access to state and county roads; land uses on adjacent properties and potential impacts to those uses by the proposal; provision of parking areas and stormwater facilities; hours of operations; and anticipated sources of noise, glare, or odors from proposed use(s). (d) Essential public facilities, commercial day care centers, and schools which were in existence prior to June 17, 1996 and without a prior special use permit, may expand up to fifteen percent cumulatively from their size prior to June 17, 1996, without a special use permit. Expansions over fifteen percent will require a special use permit. (e) Front yard or rear yard setback may be reduced as provided in Section 17.05.034(c) or side yard setback may be reduced as provided in Section 17.05.034(d). (Ord. 108‐05 Attach. B (part), 2005). Article III. Rural Residential 10 (RR 10) 17.04.231 Purpose. This district provides for new residential development on parcels of ten acres or more. (Ord. 108‐05 Attach. B (part), 2005). Page 37 of 81 17.04.232 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. (b) Accessory Uses. Cottage industry (home occupation), single‐family residence. (c) Special Permit Required Uses. Essential public facility, schools, commercial child care centers, cemetery, and home occupations and cottage industries that do not meet the standards in Section 17.03.021. (d) Signs are permitted not to exceed twelve square feet in size and six feet in height except for temporary signs permitted by section 17.05.025. Signs prohibited by section 17.03.2023 are not allowed. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.233 Lot requirements. (a) Density and Lot Size. Maximum of one principal residence per ten acres or 1/64th of a section and one accessory dwelling unit per parcel; minimum lot size of two acres, except as provided for in an approved performance subdivision the maximum density which may be allowed is one dwelling per five acres or 1/128th of a section and minimum lot size is twenty thousand sq. ft. (b) Lot Width and Depth. All lots shall have a minimum width at any point of fifty feet. (c) Front Yard Setback. Twenty‐five feet. (d) Side and Rear Yard Setbacks. Side and rear yard setbacks for the residential dwelling is twenty feet, and accessory buildings shall be twenty feet, and for accessory structures used for agricultural purposes or home occupations shall be fifty feet. Exception to the side yard standard is allowed on a parcel with a lot width up to one hundred feet at the building site: the required side yard setback for a residential dwelling and accessory structures shall be equal to ten percent of the lot width but in no case shall be less than five feet from the property line. (e) A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes, such as stormwater storage, community play areas, or utility facilities, and is restricted by perpetual covenants meeting county requirements to such purpose, is not required to meet minimum lot size requirements. (Ord. 108‐05 Attach. B (part), 2005). 17.04.234 Building regulations. (a) Floor Area Ratio. One is to twenty, except for fire stations. (ab) Size. Three Four thousand eight hundred square feet maximum for non‐agricultural and accessory buildings, except for dwellings and agricultural buildings. (bc) Height. Thirty‐five feet, except for agricultural buildings, cell towers, antennas, water tanks, or necessary structural elements for an otherwise complaint permitted land use. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). Page 38 of 81 17.04.236 Off‐street parking. Two Spaces per Residence. See Parking Ordinance for other land uses; parking setback for nonresidential land uses shall be twenty‐five feet.. (Ord. 108‐05 Attach. B (part), 2005). 17.04.237 Special provisions. (a) Cell towers shall be located per Ordinance No. 5‐98, Telecommunication Towers. (b) Accessory dwelling units are required to meet Section 17.03.029 standards. (c) Government operated day care centers, essential public facilities, churches, community centers, and schools may exceed three thousand sq. ft. as approved by a special use permit. Application for special use permit requires the applicant to provide the following information to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations: the location and size of lot(s); site plan with areas of proposed use; access to state and county roads; land uses on adjacent properties and potential impacts to those uses by the proposal; provision of parking areas and stormwater facilities; hours of operations; and anticipated sources of noise, glare, or odors from proposed use(s). (d) Essential public facilities, commercial day care centers, and schools which were in existence prior to June 17, 1996 and without a prior special use permit, may expand up to fifteen percent cumulatively from their size prior to June 17, 1996, without a special use permit. Expansions over fifteen percent will require a special use permit. (e) Front yard or rear yard setback may be reduced as provided in Section 17.05.034(c) or side yard setback may be reduced as provided in Section 17.05.034(d). (Ord. 108‐05 Attach. B (part), 2005). Article IV. Rural Residential 20 (RR 20) 17.04.241 Purpose. This district provides for new residential development on parcels of twenty acres or more. (Ord. 108‐05 Attach. B (part), 2005). 17.04.242 Uses permitted. (a) Uses. Single‐family residential, hobby farm (small scale commercial agriculture, including aquaculture and wood lots), church, local community and recreation centers, fire station, fish hatchery, cell towers, public utilities. (b) 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 17.03.021. (d) Signs are permitted not to exceed twelve square feet in size and six feet in height except for temporary signs permitted by section 17.05.025. Signs prohibited by section 17.03.2023 are not allowed. Page 39 of 81 (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.243 Lot requirements. (a) Density and Lot Size. Standard density of one principal residence per twenty acres or 1/32nd of a section and one accessory dwelling unit per parcel; minimum lot size of two acres, except for an approved performance subdivision the maximum density which may be allowed is one dwelling per ten acres or 1/64th of a section and minimum lot size is twenty thousand sq. ft. (b) Lot Width and Depth. All lots shall have a minimum width at any point of fifty feet. (c) Front Yard Setback. Twenty‐five feet. (d) Side and Rear Yard Setbacks. Side and rear yard setbacks for the residential dwelling is twenty feet, accessory buildings shall be twenty feet, and for accessory structures used for agricultural purposes or home occupations shall be fifty feet. Exception to the side yard standard is allowed on a parcel with a lot width up to one hundred feet at the building site: the required side yard setback for a residential dwelling and accessory structures shall be equal to ten percent of the lot width but in no case shall be less than five feet from the property line. (e) A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes, such as stormwater storage, community play areas, or utility facilities, and is restricted by perpetual covenants meeting county requirements to such purpose, is not required to meet minimum lot size requirements. (Ord. 108‐05 Attach. B (part), 2005). 17.04.244 Building regulations. (a) Floor Area Ratio. One is to twenty, except for fire stations. (ab) Size. Three Four thousand eight hundred square feet maximum, for non‐agricultural and accessory buildings except for dwellings and agricultural buildings. (bc) Height. Thirty‐five feet, except for agricultural buildings, cell towers, antennas, water tanks, or necessary structural elements for an otherwise complaint permitted land use. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). 17.04.246 Off‐street parking. Two Spaces per Residence. See Parking Ordinance for other land uses; parking setback for nonresidential land uses shall be twenty‐five feet. . (Ord. 108‐05 Attach. B (part), 2005). 17.04.247 Special provisions. (a) Cell towers shall be located per Ordinance No. 5‐98, Telecommunication Towers. (b) Accessory dwelling units are required to meet Section 17.03.029 standards. Page 40 of 81 (c) Essential public facilities and churches may exceed three thousand sq. ft. as approved by the special use permit. Application for special use permit requires the applicant to provide the following information to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations: the location and size of lot(s); site plan with areas of proposed use; access to state and county roads; land uses on adjacent properties and potential impacts to those uses by the proposal; provision of parking areas and stormwater facilities; hours of operations; and anticipated sources of noise, glare, or odors from proposed use(s). (d) Essential public facilities, which were in existence prior to June 17, 1996 and without a prior special use permit, may expand up to fifteen percent cumulatively from their size prior to June 17, 1996, without a special use permit. Expansions over fifteen percent will require a special use permit. (e) Front yard or rear yard setback may be reduced as provided in Section 17.05.034(c) or side yard setback may be reduced as provided in Section 17.05.034(d). (Ord. 108‐05 Attach. B (part), 2005). Article V. Rural Multi‐Family (RMF) 17.04.251 Purpose. This district provides fordesignates existing multi‐family residential development including mobile home parks. New RMF zoning designations are prohibited. (Ord. 108‐05 Attach. B (part), 2005). 17.04.252 Uses permitted. Uses. Multi‐family residences, duplex, mobile home park. (Ord. 108‐05 Attach. B (part), 2005). 17.04.253 Lot requirements. (a) Density and Lot Size. Minimum lot size of five acres. (b) Lot Width and Depth. All lots shall have a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (c) Front Yard Setback. Twenty‐five feet. (d) Side and Rear Yard Setbacks. Side and rear yard setbacks for the residential dwelling is twenty feet, and accessory buildings shall be twenty feet. (Ord. 108‐05 Attach. B (part), 2005). 17.04.254 Building regulations. (a) Floor Area Ratio. One is to twenty. (ab) Size. Three thousand sq. ft. maximum except for dwellings. (bc) Height. Thirty‐five feet except for cell towers, antennas or water tanks. Page 41 of 81 (Ord. 108‐05 Attach. B (part), 2005). 17.04.256 Off‐street parking. Off‐street parking (stall number and arrangement) shall be provided according with the provisions of the Mason County parking standards; locate parking to side or rear of building. (Ord. 108‐05 Attach. B (part), 2005). 17.04.257 Special provisions. (a) Mobile home park expansions shall comply with the mobile home park ordinance. (b) Front yard or rear yard setback may be reduced as provided in Section 17.05.034(c) or side yard setback may be reduced as provided in Section 17.05.034(d). (Ord. 108‐05 Attach. B (part), 2005). Division II. Rural Commercial Article I. Rural Commercial 1 (RC 1) 17.04.321 Purpose. (See Section 17.02.043). (Ord. 108‐05 Attach. B (part), 2005). 17.04.322 Uses permitted. (a) Uses. Convenience/general store, coffee stand, bed & breakfast, single family residential. (ba) Uses Permitted with Special Use Permit. Convenience/general store, gas station, restaurant, bed and breakfast, laundry. (b) Accessory Uses. Owner occupied residential. (Ord. 108‐05 Attach. B (part), 2005). 17.04.323 Lot requirements. (a) Density. One owner/manager occupied residence per lot. Lot size. Dependent on subject property location. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one‐third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (c) Front Yard Setback. Thirty feet. (d) Side and Rear Yard Setbacks. Twenty‐five feet. Buffer plantings required in at least the first ten feet of this setback. (Ord. 108‐05 Attach. B (part), 2005). Page 42 of 81 17.04.324 Building regulations. (a) Floor Area Ratio. One is to five, except for fire stations. (ab) Size. Four thousand five hundred sq. ft. maximum except for dwellings. (bc) Height. Two floors Nnot to exceed thirty‐five feet maximum except for agricultural buildings, antennas or water tanks. (Ord. 108‐05 Attach. B (part), 2005). 17.04.325 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free‐standing, and with a height maximum of twenty‐five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.326 Off‐street parking. Off‐street parking (stall number and arrangement) shall be provided according with the provisions of the Mason County parking standards. (Ord. 108‐05 Attach. B (part), 2005). Article II. Rural Commercial 2 (RC 2) 17.04.331 Purpose. (See Section 17.02.043). (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). 17.04.332 Uses permitted. (a) Uses. Convenience/general store, retail, restaurant, vehicle and equipment repair and maintenance (automotive, truck, farm implement, and small engines), small office, laundry, professional services, public meeting space, nursery, post office/fire station, church, local community and recreation centers, commercial/government operated day care, single‐family residential. (b) Uses Permitted with Special Use Permit. Gas, self‐storage. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). 17.04.333 Lot requirements. (a) Density. One residence per lot. Lot size. Dependent on subject property location. Page 43 of 81 (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one‐third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (c) Front Yard Setback. Thirty feet. (d) Side and Rear Yard Setbacks. Fifteen feet for lots contiguous to lots zoned commercial or industrial use; otherwise, twenty‐five feet. Buffer plantings required in the first ten feet of this setback. (Ord. 108‐05 Attach. B (part), 2005). 17.04.334 Building regulations. (a) Floor Area Ratio. One is to five, except for fire stations. (ab) Size. Maximum of four thousand five hundred square feet for single tenant and seven thousand five hundred square feet for multiple tenants; no maximum for dwellings. (bc) Height. Two floors Nnot to exceed thirty‐five feet maximum except for agricultural buildings, cell towers, antennas, water tanks, or necessary structural elements for an otherwise complaint permitted land use. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). 17.04.335 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free‐standing, and with a height maximum of twenty‐five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.336 Off‐street parking. Off‐street parking (stall number and arrangement) shall be provided according with the provisions of the Mason County parking standards. (Ord. 108‐05 Attach. B (part), 2005). 17.04.337 Special provisions. Reserved. (Ord. 108‐05 Attach. B (part), 2005). Article III. Rural Commercial 3 (RC 3) 17.04.341 Purpose. (See Section 17.02.043). Page 44 of 81 (Ord. 48‐07 (part), 2007: Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 52‐19, att. A, 6‐4‐2019) 17.04.342 Uses permitted. (a) Uses. Convenience/general store, retail, restaurant, small office, laundry, professional services, personal services, public meeting space, nursery, public facilities ‐ post office/fire station/fish hatchery/library/ranger station, church, local community and recreation centers, lodging facilities, including motels, RV parks, campgrounds and bed and breakfast, marina ‐ sales, service and storage, auto service and repair, medical/dental clinic, animal clinic, winery, commercial/government operated day care, and single‐family residential and single‐family accessory use or apartment. (b) Uses Permitted with Special Use Permit. Gas, self‐storage. (c) Other Uses. Uses not explicitly enumerated in this section, but closely similar thereto, are determined by the administrator. (Ord. 48‐07 (part), 2007: Ord. 108‐05 Att. B (part), 2005). (Ord. No. 21‐13, Attach. A, 4‐16‐2013; Ord. No. 30‐13, Attach. A, 6‐4‐2013; Ord. No. 53‐16, Att. A, 8‐16‐2016) 17.04.343 Lot requirements. (a) Density. One residence per lot. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one‐third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (c) Front Yard Setback. Thirty feet. (d) Side and Rear Yard Setbacks. Fifteen feet for lots contiguous to lots zoned commercial or industrial use; otherwise, twenty‐five feet. Buffer plantings required in the first ten feet of this setback. (Ord. 48‐07 (part), 2007: Ord. 108‐05 Attach. B (part), 2005). 17.04.344 Building regulations. (a) Floor Area Ratio. One is to five, except for fire stations. (ab) Size. Maximum of four thousand five hundred sq. feet for single tenant and seven thousand five hundred sq. feet for multiple tenant; no maximum for dwellings. (bc) Height. Two floors Nnot to exceed thirty‐five feet maximum except for agricultural buildings, cell towers, antennas, water tanks, or necessary structural elements for an otherwise compliant permitted land use., or Height not to exceed fifty‐five feet within the rural activity center of Taylor Town I and II only, as reviewed by special use permit, not to exceed fifty‐five feet. (Ord. 100‐07 Attach. B (part), 2007: Ord. 48‐07 (part), 2007: Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 52‐19, att. A, 6‐4‐2019) Page 45 of 81 17.04.345 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free‐standing, and with a height maximum of twenty‐five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. (Ord. 48‐07 (part), 2007: Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.346 Off‐street parking. Off‐street parking (stall number and arrangement) shall be provided according with the provisions of the Mason County parking standards. (Ord. 48‐07 (part), 2007: Ord. 108‐05 Attach. B (part), 2005). 17.04.347 Special provisions for recreational vehicle parks. 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 one hundred twenty consecutive days and one hundred eighty days in a three hundred sixty‐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 occupants 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. (Ord. 48‐07 (part), 2007: Ord. 108‐05 Attach. B (part), 2005). 17.04.348 Special provisions for building size. Commercial buildings larger than seven thousand five hundred square feet may be allowed in RC3 zoned areas with the approval of a special use permit, which shall include the following specific information and standards: (1) The site is located in a rural activity center. (2) The design of the site, structure, and building facade shall be included in the special use permit review which shall consider the widths and heights typically found in the neighboring commercial development. This might be accomplished through indenting portions of the structure to separate portions of the facade, using a variety of architectural styles and building materials, orienting the building so that larger areas of facade are not visible from public ways or parking areas, or by similar techniques. (3) The applicant shall provide market analysis that shows that the proposed size is appropriate to serve its market and that its market is principally the surrounding rural area and tourist. Page 46 of 81 (Ord. 48‐07 (part), 2007). Article IV. Rural Commercial 4 (RC 4) 17.04.351 Purpose. (See Section 17.02.043) Reserved (Ord. 108‐05 Attach. B (part), 2005). 17.04.352 Uses permitted. (a) Uses. Convenience/general store, retail, restaurant, small office, laundry, professional services, personal services, public meeting space, nursery, public facilities ‐ post office/fire station/fish hatchery/library/ranger station, church, local community and recreation centers, lodging facilities, including motels, RV parks, campgrounds and bed and breakfast, marina ‐ sales, service and storage, auto service and repair, medical/dental clinic, animal clinic, winery, commercial/government operated day care, and single‐family residential accessory use or apartment. (b) Uses Permitted by Special Use Permit. Gas, self‐storage. (c) Other Uses. Uses not explicitly enumerated in this section, but closely similar thereto, are determined by the administrator. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 21‐13, Attach. A, 4‐16‐2013; Ord. No. 30‐13, Attach. A, 6‐4‐2013; Ord. No. 53‐16, Att. A, 8‐16‐2016) 17.04.353 Lot requirements. (a) Density. One residence per lot. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one‐third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (c) Front Yard Setback. Thirty feet. (d) Side and Rear Yard Setbacks. Fifteen feet for lots contiguous to lots zoned commercial or industrial use; otherwise, twenty‐five feet. Buffer plantings required in the first ten feet of this setback. (Ord. 108‐05 Attach. B (part), 2005). 17.04.354 Building regulations. (a) Floor Area Ratio. One is to five, except for fire stations. (b) Size. Maximum of four thousand five hundred sq. feet for single tenant and seven thousand five hundred sq. feet for multiple tenant; no maximum for dwellings. (c) Height. Two floors not to exceed thirty‐five feet maximum except for agricultural buildings, cell towers, antennas, water tanks, or necessary structural elements for an otherwise complaint permitted land use, or within the rural activity center of Taylor Town I and II only, as reviewed by special use permit, not to exceed fifty‐five feet. Page 47 of 81 (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 52‐19, att. A, 6‐4‐2019) 17.04.355 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free‐standing, and with a height maximum of twenty‐five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.203 are not allowed. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.356 Off‐street parking. Off‐street parking (stall number and arrangement) shall be provided according with the provisions of the Mason County parking standards. (Ord. 108‐05 Attach. B (part), 2005). 17.04.357 Special provisions. 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 one hundred twenty consecutive days and one hundred eighty days in a three hundred sixty‐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 occupants 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. (Ord. 108‐05 Attach. B (part), 2005). Article V. Rural Commercial 5 (RC 5) 17.04.361 Purpose. This district provides for existing commercial development that includes open display vehicle sales land uses. (See Section 17.02.043) (Ord. 126‐06 Attach. B (part), 2006). Page 48 of 81 17.04.362 Uses permitted. (a) Uses. Sales and service of automobiles and trucks, recreational vehicles, watercraft, and retail sales of manufactured homes: retail sales, and single‐family residential and single‐family accessory use or apartment. (b) Uses Permitted with Special Use Permit. Self‐storage. (c) Other Uses. Uses not explicitly enumerated in this section, but closely similar thereto, are determined by the administrator. (Ord. 126‐06 Attach. B (part), 2006). (Ord. No. 21‐13, Attach. A, 4‐16‐2013; Ord. No. 30‐13, Attach. A, 6‐4‐2013; Ord. No. 53‐16, Att. A, 8‐16‐2016) 17.04.363 Lot requirements. (a) Density. One residence per lot. (b) Lot Width and Depth. All lots shall have a minimum average width of not less than one‐third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (c) Front Yard Setback. Thirty feet. (d) Side and Rear Yard Setbacks. Fifteen feet for lots contiguous to lots zoned commercial or industrial use; otherwise, twenty‐five feet. Buffer plantings required in the first ten feet of this setback. (Ord. 126‐06 Attach. B (part), 2006). 17.04.364 Building regulations. (a) Floor area ratio: one is to three, except for fire stations. (ab) Size: seven thousand five hundred sq. ft. maximum or reviewed through special use permit. (bc) Height: two floors Nnot to exceed thirty‐five feet maximum except for antennas or water tanks. Not to exceed fifty‐five feet, or within the rural activity center of Taylor Town I and II only, as reviewed by special use permit, not to exceed fifty‐five feet. (Ord. 126‐06 Attach. B (part), 2006). (Ord. No. 52‐19, att. A, 6‐4‐2019) 17.04.365 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free‐standing, and with a height maximum of twenty‐five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. (Ord. 126‐06 Attach. B (part), 2006). (Ord. No. 134‐08, 12‐16‐2008) Page 49 of 81 17.04.366 Off‐street parking. Off‐street parking (stall number and arrangement) shall be provided according with the provisions of the Mason County Parking Standards. (Ord. 126‐06 Attach. B (part), 2006). 17.04.367 Special provisions. (a) Retail land uses which were in existence prior to May 1, 2000 and without a prior special use permit, may expand up to twenty percent cumulatively from their building size at that date, without a special use permit. Expansions of building size over twenty percent will require a special use permit. (b) When an existing land use on a subject parcel expands, buffer plantings in the area of expansion shall be required in the first ten feet of the side and rear yard setbacks. (Ord. 126‐06 Attach. B (part), 2006). Division III. Rural Industrial (RI) 17.04.401 Purpose. The rural industrial (RI) district provides for isolated areas of primarily existing industrial type uses. (Ord. 108‐05 Attach. B (part), 2005). 17.04.402 Uses permitted. (a) Uses. Manufacturing, warehousing, truck yards, and contractor yards. (b) Accessory Uses. Retail space not to exceed ten percent of the floor area. (c) Special Permit Required Uses. Accessory air transportation. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 21‐13, Attach. A, 4‐16‐2013; Ord. No. 30‐13, Attach. A, 6‐4‐2013; Ord. No. 53‐16, Att. A, 8‐16‐2016) 17.04.403 Lot requirements. (a) Density and Lot Size. Dependent on subject property location. (ab) Lot Width and Depth. Designate limited and safe access(es) to roads. (bc) Front Yard Setback. Fifteen feet. (cd) Side and Rear Yard Setbacks. The side setback shall be twenty feet and the rear setback shall be twenty feet. At minimum, buffer plantings shall be in the first five feet of this setback. (de) The setback requirements of this section may be waived to the extent necessary to provide for direct and unobstructed access to an adjacent transportation facility such as a railroad or airport. (Ord. 108‐05 Attach. B (part), 2005). Page 50 of 81 17.04.404 Building regulations. (a) Floor Area Ratio. One is to five in rural areas or one is to three in RAC, except for fire stations. (ab) Size. Seven thousand five hundred sq. ft. maximum or reviewed through special use permit. (bc) Height. No maximum height for incineration facilities, boilers, electrical or generating plants, or industrial facilities on lands zoned as industrial areas. (Ord. 108‐05 Attach. B (part), 2005). 17.04.405 Signs. One monument sign, ten‐foot height and one hundred forty‐square foot size limit; one wall sign that faces towards street or public access, forty‐square foot size limit, and no more than ten percent of wall area. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.406 Off‐street parking. Off‐street parking (stall number and arrangement) shall be provided according with the provisions of the Mason County parking standards. (Ord. 108‐05 Attach. B (part), 2005). 17.04.407 Special provisions. New development shall be constructed and operated to meet the following performance standards: (1) Noise shall be controlled to comply with Chapter 9.36 Mason County Code; (2) Odor shall be controlled to comply with Olympic Air Pollution Control AuthorityRegion Clean Air Agency Reg. 1, Section 9.11Rule 8.5; (3) Light and glare shall be controlled such that: (A) No light or combination of lights that cast light upon a public street or non‐residentially zoned property shall exceed one foot‐candle meter reading as measured at the edge of roadway or property line, (B) No light or combination of lights that cast light upon a residentially zoned property shall exceed 0.4 foot‐candle meter reading as measured at the residential property line, (C) Direct or sky‐reflected glare, whether from floodlights or from high‐temperature processes, such as combustion or welding, shall not be directed into any adjoining property, (D) No flickering or flashing lights shall be allowed except to the extent necessary to meet state or federal safety requirements; (4) No vibration shall be permitted which is discernible beyond the property line to the human sense of feeling for three minutes or more duration in any one hour, nor any vibration producing an Page 51 of 81 acceleration of more than 0.1 g, or which results in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines, Bulletin "Quarry Blasting" on any structure; (5) Local traffic impact shall be limited to no more than five percent of the existing traffic, except as provided that by special use permit. Criteria for approval shall include limits on traffic and hours of operation; (6) Outside storage of materials shall be screened and not visible from adjacent properties by the use of landscaping, berming and/or fencing; (7) The following additional information is required for special use permit requests to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations, including, but not limited to: the location and size of lot(s); site plan with areas of proposed use; access to state and county roads; land uses on adjacent properties and potential impacts to those uses by the proposal; provision of parking areas and stormwater facilities; hours of operations; anticipated sources of noise, glare, or odors from proposed use(s); grading proposed; stormwater and erosion control plans; sanitation and support services provided; and traffic studies from activities proposed. Where development existed as of the date of the ordinance codified in this chapter, it shall not meet the above performance standards, but that development and the adjoining lands shall continue to meet buffer yard standards as provided in Section 17.04.8023.036. (Ord. 108‐05 Attach. B (part), 2005). Division IV. Rural Natural Resource (RNR) 17.04.501 Purpose. The rural natural resource (RNR) district provides for isolated areas of resource based industry outside of the designated resource lands. (Ord. 108‐05 Attach. B (part), 2005). 17.04.502 Uses permitted. (a) Uses. Processing of native natural materials, including forest products, mining, aquaculture, agriculture, (b) Accessory Uses. Storage of finished products, retail sales of products up to ten percent of building area. (Ord. 108‐05 Attach. B (part), 2005). 17.04.503 Lot requirements. (a) Density and Lot Size. Five acres or greater. dependent on subject property location. (b) Lot Width and Depth. Designate limited and safe access(es) to roads. (c) Front Yard Setback. Fifteen feet. (d) Side and Rear Yard Setbacks. The side setback shall be twenty feet and the rear setback shall be twenty feet. At minimum, buffer plantings shall be in the first five feet of this setback. (e) The setback requirements of this section may be waived to the extent necessary to provide for direct and unobstructed access to an adjacent transportation facility such as a railroad or airport. Page 52 of 81 (Ord. 108‐05 Attach. B (part), 2005). 17.04.504 Building regulations. (a) Floor Area Ratio. One is to twenty. (ab) Size. Two thousand sq. ft. additions or five percent of floor area of existing use buildings; ten thousand sq. ft. building maximum size for new development, except when larger building sizes are approved by special use permit. (bc) Height. Exempt from thirty‐five feet limit. (Ord. 108‐05 Attach. B (part), 2005). 17.04.505 Signs. One monument sign, ten‐foot height and one hundred forty‐square foot size limit; one wall sign that faces towards street or public access, forty‐square foot size limit, and no more than ten percent of wall area. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.506 Off‐street parking. Off‐street parking (stall number and arrangement) shall be provided according with the provisions of the Mason County parking standards. (Ord. 108‐05 Attach. B (part), 2005). 17.04.507 Special provisions. New development shall be constructed and operated to meet the following performance standards: (1) Noise shall be controlled to comply with Chapter 9.36 Mason County Code; (2) Odor shall be controlled to comply with Olympic Air Pollution Control AuthorityRegion Clean Air Agency Reg. 1, Section 9.11Rule 8.5; (3) Light and glare shall be controlled such that: (A) No light or combination of lights that cast light upon a public street or non‐residentially zoned property shall exceed one foot‐candle meter reading as measured at the edge of roadway or property line, (B) No light or combination of lights that cast light upon a residentially zoned property shall exceed 0.4 foot‐candle meter reading as measured at the residential property line, (C) Direct or sky‐reflected glare, whether from floodlights or from high‐temperature processes, such as combustion or welding, shall not be directed into any adjoining property, (D) No flickering or flashing lights shall be allowed, except to the extent necessary to meet state or federal safety requirements; Page 53 of 81 (4) No vibration shall be permitted which is discernible beyond the property line to the human sense of feeling for three minutes or more duration in any one hour, nor any vibration producing an acceleration of more than 0.1 g, or which results in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines, Bulletin "Quarry Blasting" on any structure; (5) Local traffic impact shall be limited to no more than five percent of the existing traffic, except as provided that by special use permit. Criteria for approval shall include limits on traffic and hours of operation; (6) Outside storage of materials shall be screened and not visible from adjacent properties by the use of landscaping, berming and/or fencing. Where development existed as of the date of the ordinance codified in this chapter, it shall not meet the above performance standards, but that development and the adjoining lands shall continue to meet buffer yard standards as provided in Section 17.04.8023.036. (Ord. 108‐05 Attach. B (part), 2005). Division V. Rural Tourist (RT) 17.04.601 Purpose. (See Section 17.02.047). (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). 17.04.602 Uses permitted. (a) Uses. Marina ‐ sales, service and storage; overnight lodging facilities, including motel, RV park, campgrounds, and bed and breakfast; golf course, restaurant, retreat centers, commercial or nonprofit recreational activity facilities (such as water parks, bicycle courses and racquet court sports), and motorized commercial outdoor recreation (limited to a single parcel or combination of adjacent parcels under single ownership no less than one hundred acres total in size). (b) Accessory Uses. Employee housing; maintenance buildings/yards, offices, equipment storage and rental; retail and gas (one thousand square feet maximum building size); self‐storage (contained space has one thousand square feet maximum building size; outdoor storage limited to recreation storage). (c) Special Permit Required Uses. Motorized commercial outdoor recreation (on a single parcel of combination of adjacent parcels under single ownership less than one hundred acres in total size); air transportation; and rifle ranges. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 26‐15, 5‐26‐2015) 17.04.603 Lot requirements. (a) Density and Lot Size. Dependent on subject property location. (ab) Lot Width and Depth. All lots shall have a minimum average width of not less than one‐third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (bc) Front Yard Setback. Thirty feet for buildings; ten feet for signs. Page 54 of 81 (cd) Side and Rear Yard Setbacks. Fifteen feet for lots contiguous to lots zoned commercial or industrial use; otherwise, twenty‐five feet. Buffer plantings required in the first ten feet of this setback. (Ord. 108‐05 Attach. B (part), 2005). 17.04.604 Building regulations. (a) Floor Area Ratio. One is to five in rural areas or one is to three in RC3, except for fire stations. (ab) Size. Five thousand sq. ft. maximum or reviewed by RV Park or special use permit. (bc) Height. Two floors Nnot to exceed thirty‐five feet maximum except for agricultural buildings, cell towers, antennas, or water tanks, or as reviewed by special use permit. (Ord. 108‐05 Attach. B (part), 2005). 17.04.605 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free‐standing, and with a height maximum of twenty‐five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.606 Off‐street parking. Off‐street parking (stall number and arrangement) shall be provided according with the provisions of the Mason County parking standards. For bed and breakfasts, one stall for each bedroom shall be provided. (Ord. 108‐05 Attach. B (part), 2005). 17.04.607 Special provisions. (a) Application to RT uses requires applicant to provide such information: access to state and county roads; location and size of lot(s); land uses on adjacent properties; potential impacts to existing residential uses; how is proposed use related to recreational and tourist activities and/or to commercial services to tourists and adjacent rural populations. (b) 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 one hundred twenty consecutive days and one hundred eighty days in a three hundred sixty‐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. Page 55 of 81 (c) Additional information, stated in Section 17.05.046, is required for special use permits, to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). Division VI. Rural Tourist—Campground (RTC) 17.04.611 Purpose. (See Section 17.02.047). (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). 17.04.612 Uses permitted. (a) Uses. Overnight lodging facilities, including RV park, and campgrounds; golf course, retreat centers, commercial or nonprofit recreational activity facilities (such as water parks, bicycle courses, and racquet court sports), and motorized commercial outdoor recreation (limited to a single parcel or combination of adjacent parcels under single ownership no less than one hundred acres total in size). (b) Accessory Uses. Employee housing; motel and bed and breakfast; Marina ‐ sales, service and storage; retail, gas, self storage, restaurant. (c) Special Permit Required Uses. Motorized commercial outdoor recreation (on a single parcel or combination of adjacent parcels under single ownership less than one hundred acres in total size); and rifle ranges. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 26‐15, 5‐26‐2015) 17.04.613 Lot requirements. (a) Density and Lot Size. Dependent on subject property location. (ab) Lot Width and Depth. All lots shall have a minimum average width of not less than one‐third of the median length and a minimum width at any point of fifty feet; designate limited and safe access(es) to roads. (bc) Front Yard Setback. Thirty feet for buildings; ten feet for signs. (cd) Side and Rear Yard Setbacks. Fifteen feet for lots contiguous to lots zoned commercial or industrial use; otherwise, twenty‐five feet. Buffer plantings required in the first ten feet of this setback. (Ord. 108‐05 Attach. B (part), 2005). 17.04.614 Building regulations. (a) Floor Area Ratio. One is to twenty in rural areas, except for fire stations. (ab) Size. Five thousand sq. ft. maximum or reviewed by RV park or special use permit. (bc) Height. Two floors Nnot to exceed thirty‐five feet maximum except for agricultural buildings, cell towers, antennas, or water tanks, or as reviewed by special use permit. Page 56 of 81 (Ord. 108‐05 Attach. B (part), 2005). 17.04.615 Signs. Signs are limited to: 1) a sign attached to the building with an area not to exceed ten percent of the area of the building face, and 2) a detached sign with an area size not to exceed ten percent of the building face, that is free‐standing, and with a height maximum of twenty‐five feet or height of building, whichever is less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.2023 are not allowed. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) 17.04.616 Off‐street parking. Off‐street parking (stall number and arrangement) shall be provided according with the provisions of the Mason County parking standards. For bed and breakfasts, one stall for each bedroom shall be provided. (Ord. 108‐05 Attach. B (part), 2005). 17.04.617 Special provisions. (a) Application to RTC uses requires applicant to provide such information: access to state and county roads; location and size of lot(s); land uses on adjacent properties; potential impacts to existing residential uses; how is proposed use related to recreational and tourist activities and/or to commercial services to tourists and adjacent rural populations. (b) RV parks shall comply with the following additional standards: (1) No recreational vehicle shall remain in the RV park for rental purposes or for a time period of more than one hundred twenty consecutive days and one hundred eighty days in a three hundred sixty‐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. Additional information, stated in Section 17.05.046, is required for special use permits, to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). Division VII. Master Planned Resort (MPR) Page 57 of 81 17.04.701 Purpose. The master planned resort district provides for self‐contained and fully integrated planned unit development in a setting of significant natural amenity, with the primary focus on destination resort facilities consisting of short‐ term visitor accommodations associated with a range of developed on‐site indoor or outdoor recreational facilities. See section 17.70 Master Development Plans for development regulations. (Ord. 108‐05 Attach. B (part), 2005). 17.04.702 Uses permitted. (a) Uses. Recreation facilities; lodging facilities including hotel, motel, RV park, campgrounds; restaurant; retail; marina ‐ sales, service and storage; golf course; casino; gas. (b) Accessory Uses. Employee housing. (Ord. 108‐05 Attach. B (part), 2005). 17.04.703 Lot requirements. (a) Density and Lot Size. Dependent on subject property location. (b) Lot Width and Depth. Designate limited and safe access(es) to roads. (c) Front Yard Setback. Minimize clearing of vegetation buffer and integrate parking to side or rear of building. (d) Side and Rear Yard Setbacks. The side setback shall be twenty feet and the rear setback shall be twenty feet. At minimum, buffer plantings shall be in the first five feet of this setback. (Ord. 108‐05 Attach. B (part), 2005). 17.04.704 Building regulations. (a) Floor Area Ratio. One is to twenty. (b) Size. Reviewed through special use permit. (c) Height. Thirty‐five feet maximum except for agricultural buildings, cell towers, antennas or water tanks, or as reviewed by special use permit. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 52‐19, att. A, 6‐4‐2019; Ord. No. 2022‐006, Att. A, 1‐18‐2022) 17.04.705 Signs. Reviewed as part of special use permit. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.203 are not allowed. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008) Page 58 of 81 17.04.706 Off‐street parking. Off‐street parking (stall number and arrangement) shall be provided according with the provisions of the Mason County parking standards. (Ord. 108‐05 Attach. B (part), 2005). 17.04.707 Special provisions. (a) Master planned resorts must be designated by plan amendment and consistent with the Mason County comprehensive plan policies for master planned resorts. (b) RV parks existing at the date of development regulations adoption will comply with the existing standards of the mobile home and recreational vehicle parks ordinance. RV parks reviewed after this date of adoption 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 one hundred twenty consecutive days and one hundred eighty days in a three hundred sixty‐day period. The RV park management shall maintain daily rental records identifying each RV 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 an RV park as a permanent structure for limited use. (Ord. 108‐05 Attach. B (part), 2005). Division VIII. Buffer and Landscape Requirements 17.04.801 Purpose The purpose of the buffer and landscape requirements is to provide visual buffering and preservation and protection of the character of the rural lands. Setbacks and buffer dimensional requirements are specified in each district of the rural lands and are contained in this chapter. 17.04.802 Planting Requirements Buffer yard requirements are stated in terms of the number of plant units required per one hundred linear feet of buffer yard, see Figure 17.04.802(1). (a) Figure 17.04.802(2) identifies the minimum sizes of the various types of plant materials required under this chapter. (b) Substitution of Plant Materials. (1) In buffer yards D, E, and F, evergreen canopy or evergreen under story trees may be substituted for deciduous canopy or under story without limitation. (2) In buffer yards A, B, and C, up to fifty percent of deciduous canopy or under story may be substituted with evergreen canopy of under story. Page 59 of 81 (3) In all buffer yards, evergreen or conifer shrubs may be substituted for deciduous shrubs without limitation. (c) Maintenance of Plant Materials. (1) All planting materials required by this section shall be maintained by the property owner in a manner to assure the health of the planting, and to assure that the buffer yard continues to serve its intended function. (2) If any required planting material shall cease to serve their intended function due to size, age or health, the property owner shall replace such planting material with the same or similar plant types, as provided in this chapter. (d) Variations of Buffer Yard Requirements. (1) In all buffer yards, planting requirements may be reduced by twenty‐five percent by increasing the width of the buffer by fifty percent. (2) In all buffer yards, the required width of the buffer yard may be reduced by fifty percent by increasing the amount of plantings by one hundred percent. (3) In buffer yards A and B, the buffer yard width or the amount of planting may be reduced by fifty percent if any fence or berm shown in Figure 17.04.801(3) is used. (4) In buffer yard C, the buffer yard width or amount of planting may be reduced by fifty percent if a structure F3 or above is used. (5) In buffer yard D, the buffer yard width or the amount of planting may be reduced by fifty percent if a structure F4 or B2 or above is used. (6) In buffer yards E and F, the buffer yard width or the amount of planting may be reduced by fifty percent if a structure F6 or BW1 is used. (e) Uses Allowed in a Buffer Yard. (1) Where a wetland or open space set aside for any 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 facilities complies with the requirements of this section. Figure 17.04.802(1) BUFFER YARD STANDARDS Buffer yard A Buffer yard B Buffer yard C Buffer yard D Buffer yard E Buffer yard F Buffer width 5′ 10′ 15′ 20′ 25′ 50′ Structure Required no no No F3 or B1* F4 or B2* F5 or B3* Plant units/100′ Page 60 of 81 Canopy trees 0.6 1 2 3 4 8 Under story trees 1 2 4 6 6 12 Shrubs 0 3 6 9 24 48 Evergreens 0 0 0 0 12 24 * See Figure 17.04.802(3) for structure details. Figure 17.04.802(2) PLANT MATERIAL TYPES Plant Material Type Planting in Buffer Yards abutting Vacant Lands All Other Plantings Canopy tree (deciduous) Single stem 1 ½ inch caliper 2 inch caliper Multi‐stem clump 6 feet height 8 feet height Under story tree (deciduous) 4 feet height 6 feet height Evergreen 4 feet height 6 feet height Shrub Deciduous 1 gal (15 inches height) 2 gal (24 inches height) Evergreen 1 gal (12 inches height) 2 gal (18 inches height) Note: These requirements refer to the minimum size of plant materials at the time of planting. Figure 17.04.802(3) BUFFER YARD STRUCTURES & BERMS Page 61 of 81 Title 17 ‐ ZONING Chapter 17.05 ADMINISTRATIVE PROCEDURES Mason County, Washington, Code of Ordinances Page 62 of 81 Chapter 17.05 ADMINISTRATIVE PROCEDURES Article I. Structures and Uses 17.05.006 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. (Ord. 108‐05 Attach. B (part), 2005). Article II. Nonconforming Buildings and Uses 17.05.011 Applicability. The provisions of this section shall apply to buildings, lands or uses which become nonconforming as a result of the application of this chapter to them, or from the classification or reclassification of the property under this chapter, or any subsequent amendment thereto. (Ord. 108‐05 Attach. B (part), 2005). 17.05.012 Continuing existing uses. (a) Any lawful use of land and/or building or structure, either existing or under construction, may be continued, without regard to whether the use or building becomes nonconforming as a result of application of this chapter. (b) Any lawful use of land and/or building or structure for which a use or building permit has been applied may (subject to the issuance of such permit) be completed, and may be used as intended, without regard to whether the use or building would be nonconforming as a result of application of this chapter. (c) Any lawful use of land and/or building or structure which is vested by application of state law may be completed, and may be used as intended, without regard to whether the use or building would be nonconforming as a result of application of this chapter. (Ord. 108‐05 Attach. B (part), 2005). 17.05.014 Alterations and enlargements. (a) Unless otherwise specifically provided in this chapter, nonconforming buildings shall not be enlarged or structurally altered unless the enlargement or alteration is required by law, or unless the enlarged building area is occupied by a conforming use. Any such enlargement or structural alteration shall meet the setback and buffer requirements of this chapter, as those setback and buffer requirements are applied to the entire parcel of land, subject to the determination of the administrator., as set forth in Section 17.03.036(3)(C). (b) Nonconforming nonresidential uses and structures located outside urban growth areas may be permitted to expand, subject to the following conditions: Page 63 of 81 (1) The floor area of the existing building(s) shall not increase by more than twenty percent or ten thousand square feet, whichever is greater; and (2) The setback and buffer yard requirements of this chapter shall be applied to the entire parcel of land, and shall be met, subject to the determination of the administrator, as set forth in Section 17.03.036(3)(C). (c) Normal upkeep, repair and maintenance of nonconforming structures is permitted, provided that such activities shall not increase the nonconformity of the use or structure(s). (d) Unless otherwise specifically provided in this chapter, no nonconforming use shall be enlarged or increased, or extended to occupy a greater area of land than occupied by such use at the time this chapter becomes effective. (e) Unless otherwise specifically provided in this chapter, no nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by the nonconforming use at the time this chapter becomes effective. (Ord. 108‐05 Attach. B (part), 2005). 17.05.016 Abandonment; reconstruction. (a) If any nonconforming use of land and/or building is abandoned, or ceases for any reason whatsoever (including destruction of the building) for a period of two years or more, then any future use of such land and/or building shall conform to the provisions of this chapter. Upon written request of the property owner, the administrator shall grant one, one‐year extension to the aforementioned two‐year period. (b) Any nonconforming building or structure which has been damaged or destroyed by fire, earthquake, flood, wind or other disaster may be rebuilt for the same nonconforming use only, subject to the following restrictions: (1) The restoration or repair of such nonconforming building shall not serve to extend or increase the nonconformance of the original building or use; and (2) A building permit allowing for such restoration or repair must be issued within two years of the disaster. Upon written request of the property owner, the administrator shall grant one, one‐year extension to the aforementioned two‐year period. (Ord. 108‐05 Attach. B (part), 2005). 17.05.018 Change of use. Any current nonconforming use of land or a structure shall not be changed to any other use, unless: (1) The new use conforms to the provisions of the ordinance codified in this chapter; (2) The new use is of equal or lesser intensity than the most current use, as determined by the Classification of Land Uses, Figure 17.03.034; (3) By special use permit, the new use is of equal to or less intensity than any prior use that occurred in a ten‐year period preceding the date of application for said special use permit, based upon the current site conditions and compatibility with area land uses; and (4) Provided that the land use has not been abandoned per Section 17.05.016. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). Title 17 ‐ ZONING Chapter 17.05 ‐ ADMINISTRATIVE PROCEDURES Article III. Temporary Uses Mason County, Washington, Code of Ordinances Page 64 of 81 Article III. Temporary Uses 17.05.022 Temporary construction buildings. Temporary structures for the housing of tools and equipment, or buildings containing supervisory offices in connection with construction projects, may be established and maintained during the progress of construction on such progress. Such buildings and/or structures shall be abated and removed from the premises within thirty days after completion of the project, or thirty days of cessation of work. (Ord. 108‐05 Attach. B (part), 2005). 17.05.023 Temporary construction signs. Signs identifying persons engaged in or responsible for construction on a site shall be permitted while construction is in progress upon the issuance of a building or use permit. Such sign shall not exceed sixty‐four square feet (per face) in size, and shall be removed within six months of its placement on the site. (Ord. 108‐05 Attach. B (part), 2005). 17.05.024 Temporary sales office. One sales office for the purpose of selling lots or model homes within a subdivision may be constructed on a subdivision lot and may operate on a subdivision lot until all lots have been sold at which time the sales office shall convert to residential use or other such use as permitted. (Ord. 86‐08 Attach. A, 2008). 17.05.025 Temporary signs. Temporary signs are those signs associated with a particular event or short‐term activity such as, but not limited to; agricultural or garage sales signs, grand opening displays, festival, carnival or parade signs, political signs and real estate signsintended and designed to be displayed for a limited period of time and associated with a particular event or short term activity;, which temporary signs are to be removed within ten days when of the event or activity endings. Temporary signs are allowed in all rural areas of the county and the Shelton UGA subject to the following limitations: (a) Signs shall not be placed within the county right‐of‐way unless otherwise approved with a road‐use permit from the public works department, and with adjacent property owner's permission, except as allowed under section 17.03.202(a).C. (b) Signs shall not be posted in a manner or location that may cause visual obstruction or a visual safety hazard for traffic especially in and around intersections, driveways and other access points. (c) It shall be the responsibility of the owner to remove a temporary sign within ten days after such sign is no longer serving its purpose including, but not limited to; the end of an event, meeting, festival, carnival or parade; the sale, lease, or rent of property; the end of an annual election cycle; the end of any type of sale. . Page 65 of 81 (d) County officials shall have the authority to remove signs when not placed in accordance with this section. (Ord. No. 134‐08, 12‐16‐2008) Article IV. Variances 17.05.031 Purpose. The purpose of this section is to provide a means of altering the requirements of this chapter in specific instances where the strict application of these regulations would deprive a property of privileges enjoyed by other properties which are similarly situated, due to special features or constraints unique to the property involved. (Ord. 108‐05 Attach. B (part), 2005). 17.05.032 Use variances prohibited. No variance shall be granted to permit the establishment of a use otherwise prohibited within the development area in which the property concerned is located, except as provided in Section 17.05.018(2). Applications for such variances shall not be accepted for processing or review. (Ord. 108‐05 Attach. B (part), 2005). 17.05.034 Granting of variances authorized. (a) The hearing examiner shall have the authority to grant a variance from the provisions of this chapter when, in their opinion, the conditions set forth in Section 17.05.036 have been met. The hearing examiner shall have the authority to attach conditions to any such variance when, in their opinion, such conditions are necessary to protect the public health, safety or welfare, or to assure that the spirit of this chapter is maintained. (b) The administrator shall have the authority to grant a variance from the provisions of this chapter when the granting of such variance will result in a measurable deviation of ten percent or less from the provisions set forth in this chapter. In issuing such variance, the administrator shall make a positive determination that the conditions set forth in Section 17.05.035 have been met. The administrator shall have the authority to attach conditions to any such variance when, in his (her) opinion, such conditions are necessary to protect the public health, safety or welfare, or to assure that the spirit of this chapter is maintained. (c) 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 fifty 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 twenty‐five‐ foot front yard setback or twenty‐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 ten feet distance from the property line or road access easement boundary. The administrator shall document in the property file the rationale for the administrative variance decision. (d) The administrator may allow a reduction in the required side yard setback by administrative variance under the following circumstances: for existing lots of record as of March 5, 2002 that are parcels designated as Page 66 of 81 Rural Residential 2.5, Rural Residential 5, Rural Residential 10, or Rural Residential 20, or Rural Multi‐Family; and where physical attributes of the lot (such as steep slopes, streams, wetlands, and soils; lot width at the front yard line of no more than fifty feet or lot size of no more than one‐half acre; and existing improvements of buildings, septic systems, and well areas) preclude a proposed development from meeting the twenty‐foot side yard setback standard. The variance to the side yard setback shall be the minimum necessary to accommodate a reasonable development proposal. This side yard setback shall not be less than five feet distance from the property line. The administrator shall document in the property file the rationale for the administrative variance decision. (Ord. 108‐05 Attach. B (part), 2005). 17.05.035 Findings required for approval of a variance. See Mason County Code Title 15 Development Code Section 15.09.057. (Ord. 108‐05 Attach. B (part), 2005). 17.05.036 Procedural requirements for a variance. (a) Application for a variance shall be made to the department of community development, on forms furnished by the county. (b) Any application for a variance shall include an application fee as established by the board. (c) Variance applications decided by the hearing examiner shall require a public hearing, as set forth in Section 17.05.050 of this chapterTitle 15. (Ord. 108‐05 Attach. B (part), 2005). Article V. Special Uses 17.05.041 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 chapter and the comprehensive plan. (Ord. 108‐05 Attach. B (part), 2005). 17.05.042 Authority. Review authority is granted under Title 15 Development Code Section 15.03.050, Hearing Examiner. (Ord. 108‐05 Attach. B (part), 2005). 17.05.044 Decision criteria. The review of special use permit applications shall be in accordance with the following criteria: Page 67 of 81 Any application for a special use permit shall not be approved unless an affirmative finding with regard to each of these criteria is made. (1) That the proposed use will not be detrimental to the public health, safety and welfare; (2) That the proposed use is consistent and compatible with the intent of the comprehensive plan; (3) 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; (4) 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; (5) That the proposed use will not have a significant impact upon existing uses on adjacent lands; and (6) If located outside an urban growth area, that the proposed use will not result in the need to extend urban services. (Ord. 108‐05 Attach. B (part), 2005). 17.05.046 Procedural requirements for a special use permit. Review procedures shall follow the standards of Title 15 Development Code Section 15.09, Review and Approval Process. The following additional information is required, as applicable, for applications for special use permits, to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations. Including but not limited to: (1) The location and size of lot(s); (2) Site plan with areas of proposed use; (3) Access to state and county roads; (4) Land uses on adjacent properties and potential impacts to those uses by the proposal; (5) Provision of parking areas and stormwater facilities; (6) Hours of operations; (7) Anticipated sources of noise, glare, or odors from proposed use(s); (8) Grading proposed; (9) Stormwater and erosion control plans; (10) Sanitation and support services provided; and (11) Traffic studies from activities proposed. (Ord. 100‐07 Attach. B (part), 2007: Ord. 108‐05 Attach. B (part), 2005). Article VI. Administration and Enforcement 17.05.071 Validity and severability. (a) This chapter shall be governed by the laws of the state of Washington. In the event that any portion or section of the ordinance codified in this chapter be declared invalid or unconstitutional by a court of Page 68 of 81 competent jurisdiction, the remainder of the ordinance codified in this chapter shall not be affected and shall remain in full force and effect. (b) This chapter 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. (Ord. 108‐05 Attach. B (part), 2005). 17.05.072 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 chapter. (Ord. 108‐05 Attach. B (part), 2005). 17.05.079 Amendments. This chapter may be amended whenever required by public necessity, convenience or welfare. Amendments may be initiated by the board, the planning advisory commission, the administrator, or by any owner of property within Mason County. Amendments may be made either to the text, or to the development areas map. The procedure for an amendment shall be as follows: (1) Petitions for amendment shall be received by the administrator, who shall forward such petition to the planning advisory commission and the board for review; (2) The planning advisory commission shall, in public session, review and consider the proposed amendment. Upon due deliberation, the commission shall forward its recommendation to the board. The commission shall not make an affirmative recommendation unless it finds that the proposed amendment is in conformity to the comprehensive plan; (3) Upon receipt of the recommendation of the commission, the board shall set a date for a public hearing on the amendment. Notice requirements for the public hearing shall be as set forth in Section 17.05.052Title 15; (4) The board shall conduct its hearing in accordance with the provisions set forth in Section 17.05.054Title 15; (5) In its deliberations, the board shall first determine whether the proposed amendment is in conformity with the comprehensive plan. The board shall not approve an amendment unless it makes such an affirmative finding. (Ord. 108‐05 Attach. B (part), 2005). 17.05.080 Rezone criteria. (a) Rezone Criteria. The county shall review a rezone proposal and enter written findings for the following criteria: (1) Development allowed by the proposed rezone designation shall not damage public health, safety and welfare; Page 69 of 81 (2) The zone designation shall be consistent with the Mason County comprehensive plan, development regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation; (3) No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low‐density rural development, or to significantly increase uses incompatible with resource‐ based uses in the vicinity; (4) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including, but not limited to, streets, parking, utilities, fire protection, police and schools; (5) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner; (6) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality; (7) No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County comprehensive plan; (8) These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land. (b) Rezone Characteristics. The burden of proof shall be on the applicant to show through responses to these criteria and information provided that the proposed rezone to more intensive land use is warranted. In rural activity centers and hamlets, any rural land use rezone may be appropriate provided that the criteria above are satisfied. Outside of rural activity centers and hamlets, approval of rezone requests to a more intensive land use in rural areas shall not exceed five per calendar year and the total amount of acreage subject to rezoning shall not exceed fifty acres, except for errors in original zoning, as specified in subsection (a)(8) of this section. For purposes of this section, the numeric limit shall apply to both direct rezones for rural residential to rural commercial, rural tourist, or rural industrial, and also intervening rezones from rural residential to rural tourist, rural tourist campground, or rural natural resources with subsequent rezone requests to rural commercial or rural industrial. For purposes of this section, the total acreage limit shall not include the acres of parcels rezoned to rural tourist campground or rural natural resources. Such rezones must involve small‐scale businesses as defined in Mason County Code Chapter 17.06, be isolated as required by RCW 36.70A.070(5)(d), and may not occur within one‐half mile by road of any urban growth area, rural activity center; hamlet; or isolated rural commercial, rural tourist, or rural industrial area, or any other LAMIRD under RCW 36.70A.070(5)(d). Rural Commercial 3 zoning shall not be allowed outside of rural activity centers and hamlets. Rural natural resource, rural residential, rural tourist campground, and master planned resorts may occur anywhere in rural areas provided that the criteria above are satisfied. In the siting of new rural natural resource districts, consideration must be given that current and potential future development on site will not, in combination with development on adjacent properties, create a pattern of low‐density sprawling development. Page 70 of 81 (c) Initial Zoning after Redesignation of Resource Land. Subsections (a) and (b) do not apply to a decision to initially zone land when it is redesignated from long‐term commercial forest. pursuant to policy RE‐105 of the comprehensive plan. The board of commissioners shall determine the initial zoning for such redesignated land by applying the planning policies in Chapter III of the Comprehensive Plan. (Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 36‐12, Att. A, 4‐17‐2012) Chapter 17.06 DEFINITIONS 17.06.010 Definitions. Note: The definitions used in the Mason County development regulations are those terms defined in Moskowitz, Harvey S. and Lindbloom, Carl G.; The New Illustrated Book of Development Definitions. New Brunswick, NJ, Center for Urban Policy Research, 1993, except as specifically defined in separate county ordinance(s). "Accessory building or use" means any building or use which: (1) Is subordinated to, and serves a principal building or principal use; and (2) Is subordinate in area, extent or purpose to the principal building or principal use served; and (3) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and (4) Is located on the same lot as the principal building or principal use served, with the single exception of such accessory off‐street parking facilities as are permitted to locate elsewhere than on the same lot with the building or use served. "Accessory dwelling unit or ADU" means a second dwelling unit added onto, created within or detached from an existing single‐family detached dwelling for use as a completely independent or semi‐independent unit with provisions for cooking, eating, sanitation and sleeping. See Section 17.03.029 for requirements for ADUs. "Accessory uses" include signs that are related to and support a business or activity. "Adequate public facilities" means facilities which have the capacity to serve development without decreasing levels of service below locally established minimums. (WAC 365‐195‐210) "Administrator" means the director of community development for Mason County shall serve as the administrator. The board may also designate an acting administrator who shall have all of the duties and powers of the administrator in the absence of or inability of the administrator to act. "Adult day‐care facility" means an establishment providing for regularly‐scheduled care and supervision of adults whose age or medical condition warrants such care, and where such care is provided for periods of less than twenty‐four hours. "Adult retirement community" means a residential development for persons who are at least fifty‐five years of age. Such development may include the following as accessory uses: (1) Social and recreation activities; (2) Communal meal service; (3) Limited health care facilities; (4) Transportation facilities; and Page 71 of 81 (5) Personal services. "Agricultural lands" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock. "Agricultural resource lands" means land designated by Mason County as agricultural lands of long‐term commercial significance. "Agricultural sales sign" means a usually seasonaltemporary sign used to announce and/or direct the public to a sale of locally grown agricultural products. "Air transportation" means commercial air transport service, such as charter and/or docking facilities. "Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. "Appurtenant structure" means a structure that is ordinarily connected to the use and enjoyment of a single‐ family residence; normal appurtenant structures include, but are not limited to, a garage, deck, storage shed, woodshed, pump house, upland retaining wall and fence. "Aquaculture" means the commercial cultivation of aquatic life, such as fish, shellfish and seaweed. "Assisted living facility" means an institution or a distinct part of an institution that is licensed or approved to provide healthcare under medical supervision for twenty‐four or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption. "Available public facilities" means that facilities or services are in place or that a financial commitment has been made to provide that facilities or services within a specified time. In the case of transportation, the specified time is six years from the time of development. (WAC 365‐195‐210) "Bed and breakfast" means overnight accommodations and a morning meal in a room or suite of rooms provided to guests for compensation, where such room or suite is located in a building occupied by the owner of the facility. "Best management practices" means a physical, structural, or managerial practice which has gained general acceptance for its ability to prevent or reduce environmental impacts. "Billboard" means the same as an off‐premises sign. "Board" means the Mason County board of commissioners. "Bufferyard" means an area of plantings surrounding a land use which screens or blocks vision, noise pollutants, or other negative by‐products associated with that use. The bufferyard might consist of open space, landscaped areas, undisturbed areas of natural vegetation, fences, walls, berms or any combination thereof. "Building" means a structure intended for use or occupancy by humans. "Building face" means the wall on the side of the building facing the road accessing the property; the size of sign is the portion (i.e. ten percent) of the area value resulting from the product of the wall height times the wall width. "Building size" is determined by measuring the building footprint from the outside walls. Does not include roof overhangs up to two feet. Roof overhangs larger than two feet from outside wall will be included in the overall size of the building. "Capacity" means the measure of the ability to provide a level of service on a public facility. Page 72 of 81 "Capital improvement" means land, improvements to land, structures (including design, permitting, and construction), initial furnishings and selected equipment. Capital improvements have an expected useful life of at least ten years. "Carrying capacity" means the intrinsic constraints on the development of an area. The development that may be allowed without an (unacceptable) significant adverse impact, on a cumulative basis, on an environmental or social value intended to be protected by the comprehensive plan. Carrying capacity in the biological sciences is the population of a species in a particular environment which can be sustained on an on‐going basis. "The maximum number of inhabitants that an environment can support without detrimental effects." (Websters 11) For human populations, this concept less useful in the sense that resources which are locally in short supply can be transferred from anywhere in the world, and the level of impact that human society has on the environment is variable based on the technology used and the way that technology and other human activities are managed. Humans do not have the limited range of behaviors other species have. Examples of values to be protected in the plan would be native fisheries or rural character. "Cemetery" means in accordance with R.C.W. 68.40, 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. "Changing message center sign" means an electrically or electronically controlled sign where different automatic changing messages are shown on the same lamp blank. "Child care center, commercial." "Commercial child care center" means an establishment providing for regularly‐scheduled care, supervision and protection of children for periods less than twenty‐four hours. Such establishment shall be subject to licensing and regulation requirements pursuant to WAC 388‐155. "Child care center, family." "Family child care center" means an establishment providing for regularly‐ scheduled care, supervision and protection of children for periods less than twenty‐four hours, in a dwelling, where such care and supervision is provided by a resident of the dwelling, and where no nonresident is regularly employed. Such establishment shall be subject to licensing and regulation requirements pursuant to WAC 388‐150. "City" means any city or town, including a code city. (RCW 36.70A.030) "Clustered development" means grouping the allowed development on only a portion of the site in such a way that a significant proportion of the site remains in common open space, recreation, resource‐based use, any combination of those uses, or remains undeveloped with some kind of restriction on additional development. "Commercial uses" means businesses involved in: (1) the sale, lease or rent of new or used products to the consumer public; (2) the provision of personal services to the consumer public; (3) the provision of leisure services in the form of food or drink and passive or active entertainment; or (4) the provision of product repair or servicing of consumer goods. "Commission" means the Mason County planning advisory commission. "Community on‐site septic systems" means a sewage system used to serve multifamily residential complexes or groups of individual residences. "Comprehensive land use plan, comprehensive plan, or plan" means the Mason County comprehensive plan, as adopted pursuant to the Growth Management Act, and as thereafter may be amended. "Concurrency" means adequate public facilities are available when the impacts of development occur. This definition includes the two concepts of "adequate public facilities" and of "available public facilities" as defined in this section. (WAC 365‐195‐210) "Consistency" means a term which means that no feature of a plan or regulation is incompatible with any other feature of a plan or regulation. Consistency is indicative of a capacity for orderly integration or operation with other elements in a system. (WAC 365‐195‐210) Page 73 of 81 "Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and announce the character of the building or the purpose for which the building is intended. "Contiguous development" means development of areas immediately adjacent to one another. (WAC 365‐ 195‐210) "Convenience store" means any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off‐site consumption. "Cottage housing" is generally defined as a grouping of small, single family dwelling units clustered around a common area and developed with a coherent plan for the entire site.1 "Cottage industry" means a business, occupation, or profession that is incidental to a residential use and is carried on by a member or members of the household living in the residential unit on the site. There may be up to five employees working on the site who do not reside on the site. Cottage industries may be conducted within the residential dwelling or within an accessory structure. "County" means Mason County, Washington. "Critical areas" means areas which include the following areas and ecosystems: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flowed areas; and (e) geologically hazardous areas. (RCW 36.70A.030) "Density" means a measure of the intensity of development, generally expressed in terms of dwelling units per acre. Density can also be expressed in terms of population (i.e., people per acre). "Density transfer" means the transfer of all or part of the permitted residential density on a parcel to another parcel. "Design guidelines" means a set of guidelines defining parameters to be followed in site and/or building design and development. "Design standards" means a set of standards defining parameters to be followed in site and/or building design and development. "Development" means the construction, reconstruction, conversion, structural alteration, relation or enlargement of any structure, and any mining, excavation, filling, or other associated land disturbance. "Development districts" means areas in which a variety of development options are allowed if they are consistent with the purpose of the district. "Development regulations" means any controls placed on development or land use activities by a county or city. Including, but not limited to, zoning ordinances, subdivision ordinances, and binding site plan ordinances. (RCW 36.70A.030) "Director" means the director of community development, and whose responsibilities may be delegated when not contrary to law or ordinance. "Domestic water system" means any system providing a supply of potable water which is deemed adequate pursuant to RCW 19.27.097 for the intended uses of a development. (WAC 365‐195‐210) "Easement" means a covenant which grants or restricts a specific right of use. "Educational learning center" means a facility dedicated to environmental and resource education and research. This land use would be permitted on lands designated for long term agricultural use in urban growth 1Note(s)—"What is Cottage Housing?" MRSC.Org, 30 November 2016 Page 74 of 81 areas with a special use permit. This land use would be permitted on agricultural resource lands with a special use permit, using the special use permit criteria and meeting the standard that the proposed land use shall have no more cumulative impacts than if the land remained in traditional agricultural production. "Environmental impact statement (EIS)" means a document detailing the expected environmental impacts of a proposed action. "Erosion" means the wearing away of the earth's surface as a result of the movement of wind, water or ice. "Erosion hazard areas" means those areas that because of natural characteristics, including vegetative cover, soil texture, slope gradient, and rainfall patterns, or human‐induced changes to such characteristics, are vulnerable to erosion. "Essential public facilities" means and includes facilities such as prisons, correctional facilities, juvenile detention centers, courthouses, wastewater/sanitary treatment facilities and systems, solid waste facilities, transportation facilities (including public works operations and vehicle maintenance facilities), airports and hospitals. "Facility" means the physical structure or structures in which a service is provided. "Fire flow" means the amount of water volume needed to provide fire suppression. Adequate fire flows are based on industry standards, typically measure in gallons per minute (gpm). Continuous fire flow volumes and pressures are necessary to insure public safety. The fire flow volume shall be in addition to the requirements of the water system for domestic demand. "Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. "Floodplain" means that area of land adjoining a body of water that has been or may be covered by floodwater. "Floor area ratio" is determined by summing the gross horizontal areas of all the floors of a building, measured from the exterior walls, or the centerline of walls separating two buildings, and dividing that sum by the gross area of the parcel proposed for use or development. Space devoted to off‐street parking or loading is not included in this calculation. "Front yard" and "front yard setback" mean the space extending the full width of the lot between a structure or building and the front lot line or road easement boundary, whichever is closer. The setback is measured from the furthest projection of the building to the closest point of the front lot line or road easement boundary, whichever is closer. See Figure 17.06 A. "Fully contained community (FCC)" means a reserved capacity for new urban development that will be characterized by urban densities and intensities, urban governmental services, and meets the criteria established in the comprehensive plan and in RCW 36.70A.350. "Garage sale signs (yard sales, moving sales, patio sales)" means temporary signs used to announce and/or direct the public to a sale of used items. "Geologically hazardous areas" means areas that because of the susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns. (RCW 36.70A.030) "Greenbelt" means a linear corridor of open space which often provides passive recreation and nonmotorized transportation opportunities, serves as a buffer between developments and varying land uses, or creates a sense of visual relief from urban landscapes. "Groundwater" means water that fills all the unblocked pores of material lying beneath the water table. Page 75 of 81 "Group homes" means a nonprofit or for‐profit boarding home for the sheltered care of persons with special needs, which may provide food, shelter, and a combination of personal care, social and counseling services and transportation. "Growth Management Act (GMA), or Act" means the Growth Management Act as enacted in 1990 and subsequently amended by the state of Washington. "Hamlets" are intended to provide a focal point and community identity for surrounding rural area, while they meet some of the immediate needs of rural residents, resource dependent industry, and visitors. They may include one or two civic, community, or retail uses such as post office, community center, church, grange, gas station, or small convenience store. Residential uses are not included in hamlets. They may be served by community water systems and community sewage treatment facilities but have only rural governmental services. "Height" shall be measured using average grade level. The average of the natural or existing topography of the portion of the lot, parcel, or tract of real property which will be directly under the proposed structure and shall be determined by averaging the ground elevations at the midpoint of all exterior walls of the proposed structure. "Hobby farm" means rural parcel(s) with a principal residential land use and secondary noncommercial or small‐scale commercial farming, livestock raising, aquaculture, or forestry activities conducted on the property. "Home occupation" means a business, occupation, or profession that is incidental to and carried on within a portion of a residential dwelling unit by a member or members of the household. The business may have up to three employees in addition to members of the household. "Hotel" means a facility offering guest lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment and recreational facilities. "Household" means all persons who occupy a housing unit which is intended as separate living quarters and having direct access from the outside of the building or through a common hall. The occupants may be a single‐ family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements. (U.S. Department of Commerce, Bureau of the Census) "Impact mitigation" means the mitigation of the negative impacts of a development proposal. Mitigation includes, but is not limited to the following: avoiding the impact through change in the proposal, minimizing the impact through changes to the proposal, rectifying the impact by repairing, rehabilitating or restoring the affected environment, reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action, compensating for the impact by replacing, enhancing, or providing substitute resources or environments, and monitoring the impact and taking appropriate corrective measures. The term includes to voluntary and mandatory actions to compensate for the costs of reducing impacts; including traffic impacts. "Infill" means the development of housing or other buildings in vacant sites in an already developed area. "Infrastructure" means facilities and services needed to sustain industry, residential, and commercial activities. Infrastructure may include, but not be limited to, water and sewer lines, streets, and power and communication lines. "Inholding land" means blocks of land that are surrounded on all sides by designated long‐term commercial forest lands and are crucial for conservation of those lands, but are not directly of long‐term commercial significance for forestry. "Inn" means a commercial facility for the housing and feeding of guests, where the principal structure of such facility has been converted from a residential use. "Intensity" means a measure of land use activity based on density, use, mass, size and impact. "Level of service (LOS)" means an established minimum capacity of public facilities or services that must be provided per unit demand or other appropriate measure of need. (WAC 365‐195‐210); a qualitative measure describing the operational conditions within the traffic stream, and their perception by motorists and passengers. Page 76 of 81 "Local and community recreation centers" or "community centers" means places and buildings primarily designed for use by local residences for sports, leisure‐time activities, or assembly for the public or for community service groups. "Long‐term commercial forests" or "long‐term commercial forest land" means land so designated by the county in order to provide special protection for the continued use of the land for the production of timber. Land primarily devoted to growing trees for long‐term commercial timber production on land that can be economically and practically managed for such production as defined in RCW 36.70A.30(8) and (10). "Lot" means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. See Figure 17.06 A to see location of lot lines and setbacks. "Major arterial" or "principal arterial" means roads which convey traffic along corridors to areas of a high density of commercial or industrial activity. Major arterial or principal arterial emphasize mobility and de‐ emphasize access. "Master planned resort" means a self‐contained and fully integrated development in a setting of significant natural amenities that includes short‐term visitor accommodations associated with a range of developed on‐site indoor or outdoor recreation facilities. It may also include permanent residential uses as an integrated plan of the overall resort development. (WAC 365‐195‐210) "Minerals" means a term which includes gravel, sand, and valuable metallic substances. (RCW 36.70A.030) "Minor arterial" or "secondary arterial" means roads which link activity centers and convey traffic onto major arterial. Minor arterial provide both mobility and access. "Mixed use" means development that combines two or more different land uses in the same project. For example, a mixed use project may include both commercial uses and residential uses. "Mobile home" means a factory‐assembled structure, transportable in one or more sections, that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, and electrical systems contained therein. "Mobile home park" means a tract of land occupied or designed for occupancy by two or more mobile homes. "Modular housing," or "modular home" refers to a dwelling that is designed for human habitation and is either entirely or substantially prefabricated or assembled at a place other than a building site. Modular homes or modular housing, commonly referred to as factory built housing, are placed on permanent foundations. For the purposes of this chapter, modular homes shall be treated the same as any other single‐family dwelling units. "Multifamily" means a structure containing four or more, joined dwelling units. "Nonconforming land use" means a use or activity that was lawful prior to the adoption, revision or amendment of the ordinance codified in this chapter but fails by reason of such adoption, revision or amendment to conform to the present performance standards of the Mason County development regulations. "Nonconforming structure" means a structure that was lawful prior to the adoption, revision or amendment to the ordinance codified in this chapter but fails by reason by such adoption, revision or amendment to conform to the present performance standards of the Mason County development regulations. "Nontraditional housing types" means dwelling types other than on‐site built housing units. Nontraditional housing types include, but are not limited to, manufactured housing, mobile homes and houseboats. "Office" means a structure that generally houses a business, government, professional, medical or financial institution for the nondaily needs of individuals, groups or organizations. Page 77 of 81 "Off‐premises sign" means a sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. "On‐premises sign" means any communication device, structure or fixture that is intended to aid in identification and to advertise and/or promote a business, service, activity, interest or view at the location on which the sign is located. "Open space." There are three kinds of open space land: private, common use, and public open space. Private open space includes farms, forest lands, and other parcels of undeveloped land. Common use open space is land within a residential development or other development which is designated for common access by the residents of the development or by the general community. Public open space is publicly‐owned land available for recreational use of the entire community. Open water areas, such as the hood canal or lakes, is also often considered as open space because it creates a sense of openness. "Performance standards" means criteria that are established and must be met before a certain use or intensity of use will be permitted. These measures are designed to guide development of property and include, but are not limited to, open space requirements, site design, bufferyards, screening, size and heights limits for buildings, noise, vibration, glare, heat, air or water contaminants and traffic. "Performance subdivision" means a subdivision or short subdivision in which the applicant seeks to gain additional residential density by designing the proposed development in clusters of development and areas of open space which recognizes and preserves those land elements which are deemed worthy of protection. Within this chapter, performance subdivisions include those authorized under Chapters 16.22 and 16.23 of this code. "Permitted use" means any use which is authorized or allowed outright, not requiring a special use permit or the approval of the board. "Person." Within the context of this chapter, "person" means and intended to include an individual, firm, partnership, association or corporation; or a state, or any political subdivision of a state, or any agency thereof. "Personal services" means establishments primarily engaged in providing services involving the care of a person, or his or her personal goods or apparel. "Planned unit development (PUD)" means a residential development that includes a mix of housing types such as single‐family, townhouses, and other multi‐family, and groups uses to provide common open space or to include recreation such as golfing as part of the development. "Plat" means a map or plan, especially of a piece of land dividing into building lots. "Political sign" means a temporary sign advertising a candidate or candidates for public elective office, or a political party, or sign urging a particular vote on a public issue decided by ballot. "Primary treatment" means the first step in wastewater treatment in which solids in a wastewater stream are allowed to settle out. The suspended solids and the BOD (biochemical oxygen demand) are reduced by twenty‐ five to forty percent. "Public services" means and includes fire protection and suppression, law enforcement, public health, education, recreation, environmental protection and other governmental services. (RCW 36.70A.030) "Public water system" means any systems of water supply intended or used for human consumption or other domestic uses, including source, treatment, storage, transmission, and distribution facilities where water is being furnished to any community, collection, or number of individuals, but excluding a water systems serving on single‐ family residence. (WAC 248.54) "RCW" means Revised Code of Washington. "Real estate signs" means any temporary sign pertaining to the sale, lease or rental of land or buildings. Page 78 of 81 "Rear yard" and "rear yard setback." The "rear yard" means the space extending the full width of the lot between a structure or building and the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. The "setback" is measured from the furthest projection of means the closest distance from the structure to the rear lot line. See Figure 17.06 A. "Recreation storage" means the storage of recreational vehicles, boats, boat trailers, camper trailers, personal water craft, and similar outdoor recreational equipment. "Recreational vehicle (RV) park." As defined in the mobile home and recreational parks Ordinance No. 118‐ 91. "Rehabilitation" means the physical improvement, remodeling, or partial reconstruction of existing structures rather than their demolition and replacement. "Residential development" means the development of land, or the construction or placement of dwelling units for residential occupancy or appurtenant structures and for accessory uses. This definition shall not be construed to authorize any use under the variance criteria. "Resource lands" means those lands which are suitable for agriculture, forest mineral extraction and protected by resource lands regulations. "Resource‐based" means a use that is dependent upon, or supports uses that are dependent upon, natural resources including, but not limited to, forestry, agriculture, aquaculture, horticulture and mineral extraction. "Resource‐based industry" means a manufacturing, industrial, or commercial business which requires a location near agricultural land, forest land, or mineral resource land or aquacultural area upon which it is dependent or supports. Examples include sawmills, plant nurseries, feed stores. "Retail" means the selling of goods or merchandise to the public and providing services incidental to the sale of such goods. Retail does not include new and used auto sales, boat sales, recreational vehicle sales, or mobile/modular home sales. "Right‐of‐way" means land owned by a government or an easement for a certain purpose over the land of another, used for a road, ditch, electrical transmission line, pipeline, or public facilities such as utility or transportation corridors. "Road adequacy standards" means standards by which government agencies can assess whether adequate road facilities are being provided and regulated. "Roof sign" means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. "Runoff" means water from rain, snowmelt, or irrigation that flows over the ground surface and returns to streams. "Rural activity center (RAC)" means concentrated settlements within rural lands that may include a variety of residential, small scale commercial, resource‐based and rural light industrial, recreation and public uses. They may also include a compact, pedestrian‐oriented core. They may be served by community water systems and have community sewage treatment facilities but have only rural governmental services. They reflect an existing development pattern, but they are not intended to expand. RAC boundaries are established in the comprehensive plan. "Rural areas" means rural areas in Mason County include those areas not designated as urban areas, resource lands, RACs or hamlets. They currently provide for rural residential, farming, forestry, recreation, and single‐purpose commercial, retail and industrial uses. These uses are expected to continue and increase over the next twenty years. In rural areas, the rural landscape will remain dominant, and include a variety of protected natural features. Page 79 of 81 "Rural lands" means those areas outside of designated resource lands and urban growth areas. Natural features contribute significantly to rural character of these lands. These features include, but are not limited to, forests, farmlands, and farm buildings, pastures, meadows, shorelines, wetlands, streams, lakes, hills and mountains. Types of uses within rural lands include resource‐based land uses, recreational uses, residential uses, and low intensity nonresidential uses. Rural lands can be served by rural governmental services and included districts such as rural activity centers, hamlets and rural areas. "Sandwich board sign" means an "a‐framed" portable sign measured by height X width. "Sanitary sewer systems" means all facilities, including approved on‐site disposal facilities, used in the collection, transmission, storage, treatment or discharge of any waterborne waste, whether domestic in origin or a combination of domestic, commercial or industrial waste. (WAC 365‐195‐210) "Secondary treatment" means the second step in purifying sewage which uses biological processes in additional to settling and provides purification from eighty‐five to ninety‐five percent. "Seismic hazard areas" means areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure, settlement or soil liquefaction. "Self‐Storage Facility" means a building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.2 "Sewage" means the total of organic waste and wastewater generated by residential, industrial and commercial establishments. "Sewer" means the closed pipe which carries raw sewage from a home or business to a treatment facility. "Sewerage" means the entire system of sewage collection, treatment and disposal. "Side yard" and "side yard setback" mean the space extending the full width of the lot between a structure or building and the side lot line and measured perpendicular to the building to the closest point of the side lot line. The side yard setback is measured from the furthest projection of the closest distance from the structure to the side lot line. See Figure 17.06 A. "Sight distance" means the length of a roadway required which is sufficient enough to ensure safe operation of a motor vehicle at posted speeds. "Sign" means any communication device, structure or fixture that is intended to aid in identification and to advertise and/or promote a business, service, activity or interest. For the purpose of this chapter, a sign shall not be considered to be building or structural design, but shall be restricted solely to graphics, symbols or written copy that is meant to be used in the aforementioned way. "Single‐family dwelling" means a detached building containing one dwelling unit. "Small scale" means a term which indicates that development regulations will limit the intensity, size, scale, number of uses and other factors of a particular development. "Small scale business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has twenty or fewer employees. "Solid waste" means all putrescible and nonputrescible non‐putrescible solid and semisolid wastes, including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or parts thereof and recyclable materials. (RCW 70.95.030) 2Note(s)—Moskowitz, Harvey S. (2004) The latest illustrated book of development definitions (new expanded ed.) Rutgers, the State University of New Jersey Page 80 of 81 "Special needs housing" means all housing that is designed for an individual or family who requires supportive social services in order to live independently or semi‐independently. These households require all types of housing including emergency, transitional and permanent housing. Special needs groups include, but are not limited to, the homeless; elderly; AIDS victims; single parents; runaway and homeless youth; severely physically handicapped; mentally and emotionally disturbed; chronically mentally ill, developmentally disabled; farm workers (migrant labor households) and persons with substance abuse problems. (Washington State Department of Community Development, Assessing your Community's Needs, a Practical Guide to Preparing Housing Assessments under the GMA and CHAS Requirements, June 1992.) "Special use permit" means a "special use" refers to a land use that are found to possess characteristics relating to their size, numbers of people involved, the traffic generated, and their immediate impact on the area which makes impractical their being identified exclusively with any particular performance district as defined in this chapter. In order to determine that the location of these uses will not be unreasonably incompatible with uses permitted in the surrounding areas; and to permit the planning commission to recommend stipulations and conditions as may reasonably assure that the basic intent of this chapter will be served, these uses will be subject to review and recommendation by the planning commission and final determination by the board regarding the approval, denial or approval with conditions for the issuance of a special use permit by the Mason County community department of community development. "State Environmental Policy Act (SEPA)" means a Washington state law requiring the systematic assessment of the environmental impacts of any action that is expected to significantly affect the environment. "Structure" means anything constructed in the ground, or anything erected which requires location on the ground, or is attached to something having location on or in the ground, but not including fences or signs seven feet or less in height, driveways, or other paved areas. "Subdivision" means the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose of sale, lease, or transfer of ownership, unless specifically exempted in RCW Chapter 58.17.040. "Surface waters" means streams, rivers, ponds, lakes or other waters designated as "waters of the state by the Washington Department of Natural Resources (WAC 222‐16‐030)." "Temporary sign" means those signs intended and designed to be displayed for a limited period of time and associated with a particular event or short term activity, associated with a particular event or short‐term activity, such as, but not limited to; agricultural or garage sales signs, festival, carnival or parade signs, political signs and real estate signs, which are to bethen removed within ten days when of the event or activity endings. "Tertiary treatment" means the third step in purifying sewage that removes additional nutrient levels. "Urban governmental services" means and includes those governmental service historically and typically delivered by cities, and include storm and sanitary sewer services, fire and police protection services, public transit services and other public utilities associated with urban areas and normally not associated with non‐urban areas. (RCW 36.70A.030) "Urban growth" means growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth. (RCW 36.70A.030) "Urban growth area" means those areas designated by a county pursuant to RCW 36.70A.110. "Urban level of facilities and services" means those services defined as "urban governmental services" with levels of service as defined within capital facilities element of the Mason County comprehensive plan. Page 81 of 81 "Utilities or public utilities" means enterprises or facilities serving the public by means of an integrated systems of collection, transmission, distribution, and processing facilities through more or less permanent physical conditions between the plant of the serving entity and the premises of the customer. Included are systems for the delivery of natural gas, electricity, telecommunications services, and water for the disposal of sewage. (WAC 365‐ 195‐210) "Water dependent use" means a use or portion of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of some water dependent uses include: boat ramps, swimming areas, aquaculture, marinas, water intakes and outfalls, fish pens and fish screens. "Watershed" means region drained by or contributing water to a stream, lake or other body of water. "Wetland or wetlands" means areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swaps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created from non‐wetland sites, including, but not limited to, irrigation and drainage ditches, grass‐lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from non‐wetland areas created to mitigate conversion of wetlands. (RCW 36.70A.030) (Ord. 73‐07 Attach. B (part), 2007; Ord. 108‐05 Attach. B (part), 2005). (Ord. No. 134‐08, 12‐16‐2008; Ord. No. 14‐14, Att. A, 3‐18‐2014; Ord. No. 72‐16, Att. A, 10‐18‐2016; Ord. No. 09‐ 17, Attach. A, 3‐17‐2017) Figure 17.06A ATTACHMENT B Title 17 ‐ ZONING Chapter 17.10 GENERAL PROVISIONS FOR ALLYN ZONING CODE* Mason County, Washington, Code of Ordinances Page 1 of 57 Chapter 17.10 GENERAL PROVISIONS FOR ALLYN ZONING CODE* Article I. General Provisions 17.10.110 Title. The regulations codified under Chapters 17. 10 to 17.17 shall be known as the Allyn Zoning Code, which code adopts a zoning districting plan for the Allyn urban growth area. (Ord. 63‐07 Exh. A (part), 2007). 17.10.120 Authority. The Allyn Zoning Code is enacted under the authority and police powers of Mason County and the Revised Code of Washington including, but not limited to, the requirements and authority of Chapter 36.70, Planning Enabling Act and Chapter 36.70A RCW, the Washington State Growth Management Act. (Ord. 63‐07 Exh. A (part), 2007). 17.10.130 Purpose and applicability. Purpose. The purpose of this code is to: (1) Establish zoning districts (map) and development regulations (text) to guide the development and use of property within the Allyn Urban Growth Area (AUGA) consistent with and implementing the vision, goals and policies of the Mason County Comprehensive Plan and of the Allyn Urban Growth Area Plan. (2) Provide safe, attractive and livable residential neighborhoods with a variety of affordable housing units for at members of the community. (3) Provide for a combination of neighborhood, community wide and tourist based commercial opportunities within distinct functional zoning districts that encourage compatible and complementary uses with a related scale and design. (4) Provide adequate parking, attractive signage, pedestrian access and open spaces. (5) Promote an urban and neighborhood design that enhances public safety through adequate but non‐ intrusive street and structure lighting, creation of defensible spaces, reduced response times, identification and separation of hazardous uses, readable and consistent building addressing and adequate fire hydrant location, flows and pressure. (6) Provide for development of a sustainable urban infrastructure, with minimum negative impacts on the environment and limiting fiscal impacts on existing residents and businesses, concurrent with the demand for services. (7) Provide for efficient and safe traffic flow for vehicles, non‐motorized vehicles and pedestrians. (8) Provide for the development of a variety of parks and open spaces in all districts. Page 2 of 57 (9) Preserve and promote the natural setting of the community. (10) Provide for sustainable economic growth, including job creation, within a predictable development environment. (11) Provide for thorough, timely and complete review of development proposals to ensure compatibility with the Allyn urban growth area comprehensive plan as well as county and state design, construction and environmental regulations. Applicability. Except as specifically provided below, the regulations in Chapters 17.10 through 17.16 of the Allyn Zoning Code apply to the use and development of all the properties located within the boundary of the Allyn urban growth area. Use and development of properties includes, but is not limited to, new uses and development as well as changes of use or alteration to existing structures or developed sites. (Ord. 63‐07 Exh. A (part), 2007). 17.10.140 Relationship to the Mason County comprehensive plan and other sections of the Mason County Code. (a) Comprehensive Plan. The Growth Management Act requires consistency between the comprehensive plan and development regulations such as zoning. These zoning regulations are intended to implement the Growth Management Act Goals, the county wide planning policies, and the goals, policies and objectives adopted in the comprehensive plan for urban areas. This includes, but is not limited to: land use, building density and intensity, roadway functionality, utilities and infrastructure, open space, housing, protection of sensitive environmental areas and concurrency of infrastructure. (b) Mason County Code. All other sections of the Mason County Code apply within the Allyn Urban Growth Area as provided in those sections, except where the Allyn Zoning Code provides text or maps specific to the Allyn UGA. (Ord. 63‐07 Exh. A (part), 2007). 17.10.150 Relationship to the private agreements. The county has no authority to enforce private covenants, conditions and restrictions either recorded by deed or other agreements except as their compliance may have been made a part of a project approval. However, permit approval by the county does not establish a right in conflict with private Covenants, Conditions and Restrictions. (Ord. 63‐07 Exh. A (part), 2007). Article II. Allyn Zoning Code Specific Definitions 17.10.200 Allyn Zoning Code specific definitions. The Allyn Zoning Code specifically defines the following definitions and abbreviations. For other definitions, refer to the Mason County Code, Title 17, Chapter 17.06 Definitions: "Accessory dwelling unit" or "ADU" means a second dwelling unit added onto or created within an existing single‐family dwelling for use as a completely independent or semi‐independent unit with provisions for cooking, eating, sanitation and sleeping. See Section 17.03.029 for requirements for ADUs as applicable. In the Allyn UGA, ADUs must meet the following requirements: Page 3 of 57 (1) The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a shoreline permit; (2) In shoreline jurisdiction, the owner of the ADU must reside on the lot in either the principal residence or ADU; (3) The ADU shall not exceed fifty percent of the square footage of the habitable area of the primary residence or one thousand feet, whichever is smaller; (4) All setback requirements must be met by the ADU; (5) All applicable health district standards for water and sewer must be met by the ADU; (6) No recreational vehicles shall be allowed as ADU; (7) Only one ADU is allowed on any property; (8) An additional off‐street parking space must be provided for the ADU. "Group dwellings" means and includes boarding houses, nursing homes, rest homes, boarding schools, or private residence clubs, excluding adult family homes of six or fewer persons as exempted by state regulation. "Gross acreage" or "gross area" means all land, excluding tidelands, within the exterior boundaries of the development, including, but not limited to, land allocated for open space and land to be dedicated for streets or roads. "Height, building" or "building height" means the vertical distance from average finish grade level to the highest point of a building or structure excluding any chimney, antenna, or other uninhabitable vertical appurtenances. "Lot coverage" means the portion of a lot that is occupied by impervious surfaces, including, but not limited to, buildings, parking areas, and sidewalks. "Net acres," "net acreage," or "net square feet" means the net acreage or square‐footage is calculated from the gross area of the site less any lands allocated for open space or right‐of‐way. (Ord. 63‐07 Exh. A (part), 2007; Ord. No. 2022‐006, Att. B, 1‐18‐2022) Article III. Districts Established 17.10.310 Established. Zoning Districts within the Allyn UGA are established as follows: "R‐1" Single‐Family Residential District "R‐1R" Residential ‐ Recreational District "R‐1P" Residential ‐ Platted District "R‐2" Medium Density Multifamily Residential District "R‐3" High Density Multifamily Residential District "MHP" Mobile Home Park Overlay District "VC" Village Commercial District "T" Tourist Commercial Overlay District "HC" Highway Commercial District "BP" Business Park District "PF" Public Facility Overlay District "PD" Planned Development Overlay District. Page 4 of 57 (Ord. 63‐07 Exh. A (part), 2007). 17.10.320 Boundaries—Map. (a) A parcel specific Allyn UGA Official Zoning Map (Allyn Map), designating the boundaries of zoning districts and approved overlay districts and planned developments, shall be adopted and signed by the county board of commissioners, which map shall be on file with the planning department. The zoning districts established by this title are also available as a series of GIS layers (“layers”) on the Mason County GIS (gis.masoncountywa.gov/mason). The public web‐based GIS is adopted as a part of this title insofar as it indicates such designations, locations and boundaries of zoning districts, and shall be deemed to be part of this title. (b) The map (“layers”) shall be amended as provided for in Title 17, Section 17.05.079 Amendments of the Mason County Code. (Ord. 63‐07 Exh. A (part), 2007). Article IV. General Regulations 17.10.410 Purpose and applicability. To provide for regulations that are applicable to the various zoning districts in the Allyn UGA in general. Development within the all districts established by the Allyn Zoning Code, Chapters 17.10 to 17.17 shall be subject to the general regulations and provisions of this chapter. (Ord. 63‐07 Exh. A (part), 2007). 17.10.420 Group dwellings. Group dwellings, such as boarding houses, nursing homes, rest homes, boarding schools, or private residence clubs, excluding adult family homes of six or fewer persons as exempted by state regulation, shall be permitted only in multifamily residential districts and shall require a special use permit for the establishment, operation and maintenance of such use. State licensed adult family homes are permitted uses in all residential and commercial zones. (Ord. 63‐07 Exh. A (part), 2007). 17.10.430 Accessory uses and buildings. Accessory uses and buildings may only be established concurrent with or subsequent to the primary structure. They shall be consistent in design with the primary building, and they shall not alter the nature of the use on site in respect to uses permitted in the district. (Ord. 63‐07 Exh. A (part), 2007). Page 5 of 57 17.10.440 Height limits generally. Chimneys, silos, cupolas, monuments, radio and other towers, water tanks, church steeples and similar structures and mechanical appurtenances may be permitted in excess of height limits provided a special use permit is first obtained in each case; provided, however, that telecommunication towers and antenna and amateur radio are regulated under Ordinance Number 5‐98 as amended (Ordinance Number 53‐04). (Note: Ordinance Number 5‐98 allows addition of an antenna to existing structures under certain height limits and camouflaged "alternative tower structures" up to seventy feet in urban growth areas without a special use permit. Amateur radio is not restricted.) (Ord. 63‐07 Exh. A (part), 2007). 17.10.450 Special use permit required for certain uses. It is recognized that certain uses have special operational characteristics that have the potential to adversely affect adjacent properties and/or businesses. Accordingly, uses that are conditionally allowed within the established zoning districts, subject to obtaining a special use permit, shall require review and approval on an individual basis. Special use permits shall be reviewed by the standards adopted in Chapter 17.05, Article V of the Mason County Code. As a condition of approval, the special use permit review shall include consideration of operating hours, adjacent and nearby incompatible uses, parking demand and availability, noise, access, impact on services, security and suitability of the site and/or structure to the proposed use and may provide conditions on the proposal appropriate to the findings on these issues in addition to the other criteria for a special use permit. (Ord. 63‐07 Exh. A (part), 2007). 17.10.460 Setbacks. (a) Where a parcel is less than fifty feet in width the required side yard setback shall be five feet, but in no case shall be less than required by building or fire codes. (b) No accessory structure shall be located closer than five feet from a property line. (c) Residential development may be eligible for a reduction of the standard side yard setback with review and approval of a building administrative variance, but in no case shall the setback be less than required by building or fire codes. (d) The expansion of existing residential structures located in commercial or industrial zones shall comply with the setback requirements for the type of structure in the zone in which it is allowed. (e) All required setbacks shall be measured from the nearest property line, except that front yard setbacks shall be measured from the property line or the edge of an access easement. (f) Proof of survey is required for any building permit for a new building or expansion of the building footprint. The survey shall be no older than ten years unless the relevant survey monuments are visible. (g) Additional building setback—Buildings shall be setback from the rights‐of‐way of the plat of Allyn as set forth on the "Proposed Plat of Allyn Right‐of‐Way Map," dated April 28, 2005. (Ord. 63‐07 Exh. A (part), 2007; Ord. No. 2022‐006, Att. C, 1‐18‐2022) Page 6 of 57 17.10.470 Dedication and/or improvement of public right‐of‐way and/or easements. Subdivision or short subdivision approval shall require the dedication of, or granting of easements for, land required for construction of any road, water, sewer, utility or other public purpose necessary to serve the site. Any new residential construction, commercial construction, or change of use approval shall be conditioned to provide for public right‐of‐way and/or easement improvements of streets and sidewalks, or other provisions for pedestrians, according with the adopted road and pedestrian access plan as necessary to serve the site. (Ord. 63‐07 Exh. A (part), 2007). 17.10.480 Underground utilities. All service utilities such as telephone, TV cable, electric power lines, etc., shall be placed underground within a utility easement, in conduit and or utility ducting, for any new site development, construction or major reconstruction. Utility boxes may be contained within underground utility vaults, or located above grade when carefully located and property screened to minimize visual impacts. Said undergrounding shall be at the expense of the project developer or owner of the property that is the being developed, redeveloped, or undergoing substantial reconstruction. Existing overhead power or communication lines along the frontage of any new site development or major reconstruction shall be placed underground at the expense of the developer or property owner as a condition of permit issuance unless the site has less than two hundred feet of street frontage or the utilities are located along the west side of Highway 3. If less than two hundred feet, then property owner provides an easement for underground utilities list above. Any and all installers and providers of conduit and utility ducting must allow, for a fee, the sharing or equal access to conduit and or utility ducting infrastructure. Unless voluntarily entered into, this section shall not be applicable or required for adjacent properties that are not a part of the site development, redevelopment, or substantial reconstruction. (Ord. 63‐07 Exh. A (part), 2007). 17.10.490 Vehicle parking. Outdoor Vehicle Parking in the residential districts R‐1, R‐2, and R‐3 shall be limited as provided including boats and RVs shall comply with the following standards: (1) Unenclosed vehicle storage or parking is prohibited on parcels without a residence or business. (2) No parcel having a residence shall have more than one inoperable vehicle located on the parcel. (3) The limits of subsections (1) and (2) above apply regardless of the specific vehicles on the parcel or whether the vehicles are moved around on the parcel. (4) All vehicle accumulations on a parcel made non‐conforming by these regulations shall be removed from the parcel within six months from the date of adoption of the ordinance codified in this chapter. (5) These limits shall apply to vehicles located on a parcel for more than seven days. (6) A residence is defined in this section as a site‐built, manufactured, or modular home permanently installed on the parcel. (7) Vehicles in this section include, but are not limited to, cars, trucks, vans, buses, recreational vehicles, trailers, all‐terrain vehicles motorcycles, watercraft, airplanes, and earthmoving, logging, or construction equipment, but do not include farm equipment. (8) Adjoining parcels of common ownership (not separated by state or county road) shall be considered part of the same parcel for the purposes of this section. Page 7 of 57 (Ord. 63‐07 Exh. A (part), 2007). 17.10.495 Cluster development. The clustering of residential density as provided in a master development plan or on adjoining lots in common ownership is allowed in residential districts only to provide a diversity of housing types densities, and affordability, preserve unique, fragile, and environmentally critical areas; provide efficient use of the land and infrastructure; implement tow low impact development techniques; promote innovative, quality design; and provide for the inclusion of on‐site amenities such as open spaces, community facilities, enhanced landscaping, and recreational opportunities. Cluster development allows grouping of residential structures on a portion of the available land while reserving a significant amount of the site as undeveloped open space. Housing density of the underlying district remains the same while residences are clustered on a smaller portion of the total available land. The remaining land shall be converted into undeveloped open space and shared by the residents of the community. Maximum lot coverage, lot area, building height, dimensions, setbacks, and parking requirements for the underlying zoning district shall apply to the cluster development. (Ord. 63‐07 Exh. A (part), 2007). Article V. "PD"—Planned Development Overlay District 17.10.510 Purpose. The intent of the planned development (PD) overlay zoning district is to encourage creative, imaginative new development that would not otherwise be allowed under the strict application of this title. Specifically, it is the purpose of this chapter to: (1) Encourage flexibility in design and development that will result in a more efficient and desirable use of land and greater preservation of open space; (2) Permit flexibility of design, placement of buildings, use of required open spaces, circulation facilities, off‐street parking areas, and otherwise better utilize the potential of sites characterized by special features, such as geography, topography, size or shape; (3) Provide for maximum efficiency in layout of streets, utility networks, and other public improvements; (4) Produce an integrated or balanced development of supportive uses that might otherwise be inharmonious or incongruous; (5) Provide a guide for developers and county officials who review and approve developments meeting the standards and purposes of this chapter; and (6) Encourage the use of low impact development (LID) practices to reduce stormwater runoff, and promote the use of credits or incentives to achieve this purpose. (Ord. 63‐07 Exh. A (part), 2007). 17.10.520 Overlay zoning district. Planned development, approved in accordance with the procedures of this chapter, shall be an overlay zone and the uses are limited to those which are allowed in the underlying zoning district. Planned developments shall be required where this overlay zone appears on the Allyn urban growth area (UGA) zoning map. Planned developments shall be permitted in all zoning districts, with exception of Public Open Space. The approval of a planned development shall modify and supersede the regulations of the underlying zoning district, except in the Page 8 of 57 case of allowable residential density and uses, and the specific design standards within Mason County Code Title 16, Plats and Subdivisions. (Ord. 63‐07 Exh. A (part), 2007). 17.10.530 Development standards. The following standards shall govern the interpretation and administration of this section: (1) Relationship of PD Site to Adjacent Areas. The design of a planned development shall take into account the relationship of the site to the surrounding areas. The perimeter of the PD shall be so designed as to minimize undesirable impact of the PD on adjacent properties and, conversely, to minimize undesirable impact of adjacent land use and development characteristics on the PD. (2) Site Acreage Minimum. The minimum site shall be one acre. (3) Minimum Lot Size. The minimum lot size provisions of other sections of the zoning ordinance are waived in a planned development. (4) Density. In a PD, the density allowed within the underlying zoning district shall determine the dwelling unit density of the PD. (5) Maximum Coverage. Building coverage and development of the site shall not exceed the percentage permitted by the underlying zone. (6) Landscaping Required. All common open space shall be landscaped in accordance with the landscaping plan submitted by the applicant and approved by the hearing examiner. Natural landscape features which are to be preserved, such as existing trees, drainage ways, rock out‐croppings, etc., may be included as part of the required setback buffer and landscaping. (7) Setback and Side Yard Requirements. (A) Building and parking setbacks along the exterior boundary line of the PD area shall meet the required setbacks within the underlying zoning district, or, if the abutting properties are undeveloped, a reduction of up to twenty percent of the minimum required setback is allowed. In no event shall such setbacks be less than five feet. (B) Setbacks or Side Yards Between Buildings. The standard setbacks and yard requirements between buildings may be waived in a PD. Buildings may have common walls and, therefore, built to the property line as in townhouse construction. Wherever buildings are separated, a minimum distance of ten feet shall be maintained between such buildings. (8) Off‐Street Parking. Off‐street parking shall be provided in a PD in the same ratios for types of buildings and uses as required for the underlying zoning district, and as described in Chapters 17.10 through 17.17. (9) Commercial developments are subject to binding site plan review procedures as described in the Mason County Code, Section 17.03.031. (Ord. 63‐07 Exh. A (part), 2007). 17.10.540 Open space standards. The following standards shall govern the interpretation of this section: (1) Common Open Space. Each planned development shall dedicate not less than twenty percent of the gross land area for common open space for the use of its residents. Page 9 of 57 (2) Location. (A) The area proposed for open space shall be within the PD and within reasonable walking distance of all dwelling units in the PD. (B) Where practical, the proposed dedicated open space shall be located adjacent to other established or planned park and recreational areas in adjacent developments, schools, or county parks; provided, that such dedication would increase the overall benefit to the residents of the subject PD and conform to other criteria in the section. (3) Access. (A) All dwelling units within the PD must be provided legal access to the proposed area for dedication. Private or common access roads, trees or other landscaping may separate the area proposed for dedication. However, access should not be blocked by major obstacles such as state routes, arterial roads, or canyons and/or ravines where pedestrian traits cannot be established. (B) Areas dedicated for active recreational open space shall have reasonable access from street frontages. Design measures should accomplish the purposes of access and security. (4) Types of Open Space. (A) Land dedicated for open space should be usable for (i) greenbelts that serve as a buffer, using native vegetation, or an aesthetic amenity such as boulevard trees; (ii) active or passive recreational activities; or (iii) for protecting environmentally sensitive areas such as wetlands. (B) Except as provided in subsection (4)(c) or (d) below, thirty percent of the dedicated open space area shall be suitable for active recreation. The topography, soils, hydrology, and other physical characteristics of the area proposed for active recreation shall be of such quality as to provide a dry, obstacle‐free space in a configuration which is suitable for active recreation. (C) The percentage of active recreational areas may be increased to as high as fifty percent to meet anticipated recreational needs. (D) The percentage of active recreational area may be decreased to as low as zero if it is determined that: (i) inclusion of buffers or environmentally sensitive lands such as wetlands would better meet the open space needs of the residents of the subdivision; or (ii) meeting the standard would require detrimental grading or other disturbance of the natural setting. (5) Structures. Common open space may contain complimentary structures, such as a gazebo or maintenance equipment shed, and improvements as are necessary and appropriate for the benefit and enjoyment of residents of the PD, provided that the building coverage of such building or structure combined with the building coverage of the residential structures shall not exceed the maximum permitted by the underlying zoning district. (6) Implementation. (A) The area proposed for open space shall be dedicated in common to the lot owners within the plat or to a lot owner's association. Maintenance and operation of the dedicated open space shall be the responsibility of the lot owners. (B) The county may choose to accept dedication, maintenance and operation responsibilities when the area to be dedicated is either one or a combination of the following: (i) Greater than ten acres; (ii) Adjacent to an established or future parks or school grounds; (iii) Is an access to a body of water greater than three acres in size; Page 10 of 57 (iv) Is an environmentally sensitive area; (v) If the county feels it is in the public interest to accept dedications. (C) The dedication shall be identified on the PD. (7) Improvements. The removal of septic systems, and abandoned cars, construction debris, and other forms of solid waste within the area proposed for dedication shall be required prior to final approval of the PD. (8) Stormwater Detention Facilities. Stormwater detention ponds may be allowed by the county as part of dedicated open space subject to the following criteria: (A) The detention pond shall be constructed so as to drain fully when precipitation is not occurring (i.e., no standing water may be left) unless the pond is designed as an aesthetic amenity. (B) The side slope of the detention pond shall not exceed thirty‐three percent unless slopes are existing, natural and covered with vegetation. (C) If detention facilities are located adjacent to or near a natural, year‐round stream or wetland, these systems shall be left in natural or near‐natural condition. (D) The detention area shall be landscaped in a manner that is both aesthetic and able to withstand the inundation expected. (E) Use of a dedicated open space area for stormwater detention shall not be acceptable if the detention area must be fenced or otherwise rendered unsuitable or unavailable for recreation use during dry weather. (F) In the case of joint use of open space for detention and recreation, the lot owners or owners' association shall be responsible for maintenance of the detention facilities. (9) Rights and Duties. The owners of open space shall have the following rights that may be exercised in respect of such land, subject to restrictive covenants or other restrictions: (A) The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables, and fireplaces accessory to picnic tables designed to be used exclusively for the use of residents of the development and their guests; (B) The right to locate pedestrian paths, bicycle paths and bridle paths; (C) The right to take whatever measures are reasonably necessary to protect and maintain such land, or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life or limb; (D) The right to conduct agricultural activities, including the selective harvesting of mature trees; (E) The right to regulate access to or entry on the open space land and duty to maintain such land. (Ord. 63‐07 Exh. A (part), 2007). 17.10.550 Procedure for initiation—Application—Fee. Planned development projects may be initiated by any owner or group of owners of property acting jointly, or as a developer authorized to act as agent for an owner or group of owners. Such application shall be made on the forms provided by the department, together with a filing fee as established by resolution of the board of county commissioners. (Ord. 63‐07 Exh. A (part), 2007). Page 11 of 57 17.10.560 Application—Supporting documentation. An application for a planned development shall include the information provided in the Mason County Code, Title 16, Sections 16.16.040 and 16.16.050. At a minimum, the following items shall be submitted in a written statement: (1) The acreage contained within the proposed planned development; the total number of dwelling units being proposed; and the average number of dwelling units per acre of land; (2) The number and acreage of each type of dwelling units proposed; (3) The acreage of open space to be contained in the planned development and the percentage it represents of the total area; (4) The total acreage of each type of nonresidential use, including the approximate floor area and type of commercial and industrial uses. (Ord. 63‐07 Exh. A (part), 2007). 17.10.570 Public hearing—Criteria for decision. The application for a planned development shall be heard before the hearing examiner in accordance with the procedures in Title 15. The hearing examiner's decision to approve or deny the development shall be based on at least, but not limited to, the following criteria: (1) Conformance to the Allyn UGA plan; (2) The proposal's compatibility with the surrounding area or its potential future use; and (3) The proposal shall be designed to minimize impacts on adjacent properties and, conversely, to minimize impacts of adjacent land use and development on the proposal. (Ord. 63‐07 Exh. A (part), 2007). 17.10.580 Appeal. The decision of the hearing examiner shall be final unless appealed in accordance with the provisions of Title 15. (Ord. 63‐07 Exh. A (part), 2007). 17.10.590 Implementation. (a) Building permits and other permits required for the construction or development of property under the provisions of this chapter shall be issued only when the work to be performed meets the requirements of the approved planned development. (b) Amendments to the approved planned development. The hearings examiner may allow changes to the approved planned development provided the changes are consistent with all applicable county plans and policies. Such changes shall be considered pursuant to the procedures provided in Title 15. (c) Minor Administrative Alterations. Once a PD has been reviewed and approved by the hearings examiner, it shall not be altered unless approved by the community development director or his/her designee upon a determination that the alteration is not substantial enough to constitute a change to the approved planned development. Page 12 of 57 (Ord. 63‐07 Exh. A (part), 2007). Article VI. "PF"—Public Facilities Overlay District 17.10.610 Purpose. This district is intended for the accommodation of needed public facilities within Allyn in accordance with the Allyn urban growth area plan. Support facilities for infrastructure, utilities and similar capital facilities would be allowed in this district. (Ord. 63‐07 Exh. A (part), 2007). 17.10.620 Uses allowed subject to approval of a special use permit per the MCC. Public and semi‐public essential facilities necessary to the public convenience including: (1) Airports; (2) Government buildings; (3) Educational institutions; (4) Hospitals, clinics, and sanitariums (excluding animal hospitals and clinics); (5) Correctional institutions; (6) Water delivery systems; (7) Sewer and wastewater treatment and facilities; (8) Stormwater treatment and facilities; (9) Public and private utilities as supported by the Allyn subarea plan. (Ord. 63‐07 Exh. A (part), 2007). 17.10.630 Bulk and dimension standards. To be determined through approval of a special use permit. (Ord. 63‐07 Exh. A (part), 2007). 17.10.640 Additional development and design criteria. (a) There shall be a demonstrated need for the use within the community, which shall not be contrary to public interest. (b) The use shall be consistent with the goals and policies of the Allyn Urban Growth Area Plan. (c) The approval body shall find that the use as proposed will not be detrimental to the health, safety or general welfare or to private or public improvements and infrastructure. (d) There shall be adequate attenuation of noise, smoke, odors, traffic and unsightly construction or storage. (e) There shall be adequate landscaping, yard setbacks and fencing to mitigate the impacts on adjacent properties and uses. Page 13 of 57 (f) Modifications to bulk and dimension standards must be based on a demonstrated need for the function of the use. (Ord. 63‐07 Exh. A (part), 2007). 17.10.650 Off‐street parking. Project specific as required by conditions of the special use permit. (Ord. 63‐07 Exh. A (part), 2007). 17.10.660 Signs. Project specific as required by conditions of the special use permit. (Ord. 63‐07 Exh. A (part), 2007). 17.10.670 Development approval. All development projects in the PF district shall require approval of a special use permit with concurrent site plan or binding site plan approval consistent with the MCC. (Ord. 63‐07 Exh. A (part), 2007). Article VII. "POS"—Public Open Space 17.10.710 Purpose. The "POS" district is intended to provide areas for essential public uses and facilities necessary to the public convenience, and in particular to provide for public park, recreational, and open space. Since certain special property uses have intrinsic characteristics relating to their function or operation which may necessitate buildings or structures associated with the special property use to exceed predictable height, bulk, and dimensional or other development standards, those exceeding established standards are reviewed through a special use permit process. (Ord. 63‐07 Exh. A (part), 2007). 17.10.720 Permitted uses. Parks, playgrounds, community recreation centers and open space. (Ord. 63‐07 Exh. A (part), 2007). 17.10.730 Accessory uses. Accessory uses are allowed in conjunction with permitted uses and those uses approved through a special use permit. (1) Restroom, shower and changing rooms; (2) Storage required for supplies and equipment; Page 14 of 57 (3) Other property uses which have intrinsic characteristics relating to the function or operation. (Ord. 63‐07 Exh. A (part), 2007). 17.10.740 Uses allowed subject to approval of a special use permit. Public and semipublic essential facilities necessary to the public convenience including: (1) Bus stations and transit facilities; (2) Buildings or structures associated with the special property use, which exceed predictable height, bulk, dimensional, or other development standards. (Ord. 63‐07 Exh. A (part), 2007). Chapter 17.11 RESIDENTIAL ZONING DISTRICTS IN THE ALLYN UGA* Article I. "R‐1"—Single‐Family Residential District 17.11.110 Purpose. The purpose of the R‐1 district is to stabilize and retain the character and integrity of existing single‐family detached dwelling neighborhoods and establish criteria for the development of new residential subdivisions and neighborhoods. (Ord. 63‐07 Exh. A (part), 2007). 17.11.120 Allowed uses. Uses allowed in the R‐1 district shall be as follows: (1) Single‐family dwellings; (2) Duplexes; (3) Commercial child care center. (Ord. 63‐07 Exh. A (part), 2007). 17.11.130 Accessory uses. The following use are permitted only as they are accessory to the primary allowed uses and may or may not require a special license or permit in addition to building permits: (1) Home occupations, also known as cottage industries, require a special use permit unless they meet the standards as adopted in Section 17.03.021 of the Mason County Code. (2) Accessory structures including shops and detached garages (total square footage not exceeding the square footage of the primary residential structure); (3) Accessory dwelling unit (as specifically defined in this code); (4) Family child care center; Page 15 of 57 (5) Group homes and adult day care facilities (up to six residents plus staff). (Ord. 63‐07 Exh. A (part), 2007). 17.11.140 Uses allowed subject to obtaining a special use permit. (a) Churches; (b) Schools; (c) Bed and breakfast inn; (d) Other essential public facilities; (e) Private recreation facilities; (f) Accessory dwelling units (in accordance with MCC Section 17.03.029); (g) Small scale agricultural activities and buildings; (h) Livestock limited to one head per acre on a minimum five acre site. (Ord. 63‐07 Exh. A (part), 2007). 17.11.150 Bulk and dimension standards. The following standards may be altered without a variance only through use of an overlay zone, PD regulations as adopted in Article V of Chapter 17.10 or as a Master Development Plan in conformance with adopted Mason County Regulations. Height and setback standards allow for minor deviations by architectural treatments such as chimneys, copulas, bay windows, porch covers, and door landings. Density Max of 4 dwelling units per gross acre Lot coverage 40% Max lot coverage Min. lot area SFD = 7,000 net sq. ft. SFD = Corner Lot 9,000 net sq. ft. Duplex = 11,000 net square feet. Lot dimensions Minimum lot frontage width is 60 for interior lots, 70 feet for corner lots and 40 feet for cul‐ de‐sac and curve lots, and 20 feet for flag lots, provided that the minimum lot width is reached and maintained at a setback of 20 feet. Height The maximum height of structures in the district shall be as follows: Primary building: 35 feet (25 feet east of SR 3) ‐ Accessory Structure: 20 feet. Setbacks Yard setbacks refer to the setback of structures (over two feet in height) from the property line. A roof overhang, chimneys, copulas, bay windows, porch covers and door landings are allowed to project a maximum of two feet into a minimum setback. Additional standards for setbacks in special situations are in Section 17.10.460. Front yard 20 feet. 10 feet on cul‐de‐sacs as long as the average minimum setback is 20 feet. Storage sheds are not permitted within a front yard setback Side yard 5 feet, or less with review and approval of an administrative building variance, see Section 17.10.460. Street side yard 10 feet. Rear yard 20 feet. Storage sheds not larger than 5 feet. Page 16 of 57 120‐sq. ft. in area or ten feet in height (Ord. 63‐07 Exh. A (part), 2007; Ord. No. 2022‐006, Att. C, 1‐18‐2022) 17.11.160 Parking. Per Chapter 17.14, with additional requirements in Section 17.10.490 Vehicle parking. (Ord. 63‐07 Exh. A (part), 2007). 17.11.170 Development and design criteria. (Reserved) Article II. "R‐1R"—Residential‐Recreational District 17.11.210 Purpose. The purpose of the R‐1R district is to establish minimum guidelines and regulations for the undeveloped areas of Lakeland Village. The intent is to insure the continuance of the character and integrity of existing residential neighborhoods. (Ord. 63‐07 Exh. A (part), 2007). 17.11.220 Allowed uses. Uses allowed in the R‐1R district shall be as follows: (1) Single‐family dwellings; (2) Duplex dwellings; (3) Triplex dwellings; (4) Multifamily; (5) Golf courses and golf and country club related facilities; (6) Public and private parks. (Ord. 63‐07 Exh. A (part), 2007). 17.11.230 Accessory uses. The following uses are permitted only as they are accessory to the primary allowed uses and may or may not require a special license or permit in addition to building permits: (1) Well heads and water treatment facilities and other utility facilities; (2) Common open space and recreation facilities; Page 17 of 57 (3) Residential accessory uses and structures. (Ord. 63‐07 Exh. A (part), 2007). 17.11.240 Uses allowed subject to obtaining a special use permit. (a) Bed and breakfast inn; (b) Other essential public facilities; (c) Assisted living facilities; (d) Small‐scale agricultural activities and buildings with livestock limited to horses or cattle on a minimum five acre site. (Ord. 63‐07 Exh. A (part), 2007). 17.11.250 Bulk and dimension standards. The following standards may be altered without a variance only through use of an overlay zone, PD regulations as adopted in Article V of Chapter 17.10 or as a Master Development Plan in conformance with adopted Mason County Regulations. Height and setback standards allow for minor deviations by architectural treatments such as chimneys, copulas, bay windows, porch covers, and door landings. Density Maximum of 5 dwelling units per gross acre Lot coverage 50% maximum lot coverage for single‐family dwellings. 75% maximum lot coverage for duplexes. Not applicable to triplexes or multifamily. Min. lot area. Single‐family = 6,000 net square feet. Single‐family on a corner lot = 7,500 net square feet. Duplex = 10,000 net square feet. Lot dimensions Minimum lot frontage width is 60 for interior lots, 70 feet for corner lots and 40 feet for cul‐de‐sac and curve lots, and 20 feet for flag lots. Height The maximum height of structures in the district shall be 35 feet. Setbacks Yard setbacks refer to the setback of single‐family dwellings and duplexes from the property line. A 2‐foot roof eave overhang is allowed in the setback. Front yard 20 feet. 10 feet on cul‐de‐sacs as long as the average minimum setback is 20 feet. Side yard 5 feet, or less with review and approval of an administrative building variance, see Section 17.10.460. Street side yard 10 feet Rear yard 20 feet. Triplexes/Multifamily and Cluster Development 15 feet from county road right‐of‐way, 5 feet from all other lot lines including golf courses. (Ord. 63‐07 Exh. A (part), 2007; Ord. No. 2022‐006, Att. C, 1‐18‐2022) 17.11.260 Parking. Reference Chapter 17.14. Page 18 of 57 (Ord. 63‐07 Exh. A (part), 2007). 17.11.270 Development and design criteria. (Reserved) Article IV. "R‐2"—Medium Density Multifamily Residential District 17.11.410 Purpose. The purpose of the R‐2 district is to provide for medium density multifamily and single‐family attached residential dwellings with building scale, yards, and setbacks reflecting the intensity of development located proximate to commercial and public services and transit. The R‐2 district provides a buffer between more intense uses and single‐family neighborhoods. (Ord. 63‐07 Exh. A (part), 2007). 17.11.420 Allowed uses. (a) Single‐family dwelling; (b) Duplexes; (c) Triplexes; (d) Multifamily. (Ord. 63‐07 Exh. A (part), 2007). 17.11.430 Accessory uses. (a) Home occupations, also known as cottage industries, require a special use permit unless they meet the standards as adopted in Section 17.03.021 of the Mason County Code. (b) Accessory structures including shops and detached garages (total square footage not exceeding fifty percent of the square footage of the primary residential structure, or ten percent of the net parcel area, whichever is greater). (c) Accessory dwelling unit (as specifically defined in this code). (d) Common facilities of an apartment, condominium, or townhouse development, such as recreational areas, club houses, and laundry facilities. (e) Family child care center. (f) Group homes (up to six residents plus staff). (g) Well heads and water treatment facilities and other public utilities. (Ord. 63‐07 Exh. A (part), 2007). 17.11.440 Use allowed subject to obtaining a special use permit. (a) Schools. Page 19 of 57 (b) Churches. (c) Parks. (Ord. 63‐07 Exh. A (part), 2007). 17.11.450 Bulk and dimension standards. The following standards may be altered without a variance only through use of an overlay zone, PD regulations as adopted in Article V of Chapter 17.10 or as a master development plan in conformance with adopted Mason County regulations. Height and setback standards allow for minor deviations of up, to three feet as long a minimum three‐foot setback is maintained, by architectural treatments such as chimneys, copulas, bay windows, entry covers and door landings. Density Max of 10 dwelling units per gross acre. Lot coverage 60% max lot coverage Min. lot area Interior lot: 4,800 net sq. ft. Corner lot: 9,600 net sq. ft. Lot dimensions Minimum lot frontage width is 60 for interior lots, 70 feet for corner lots and 40 feet for cul‐ de‐sac and curve lots, and 20 feet for flag lots, provided that the minimum lot width is reached and maintained at a setback of 20 feet. Height Primary building: 35 feet (25 feet east of SR 3) Accessory structure: 20 feet. Setbacks Yard setbacks refer to the setback of structures from the property line. Additional standards for setbacks in special situations are in Section 17.10.460. Front yard 15 feet. 10 feet on cul‐de‐sacs as long as the average setback is 15 feet. Side yard 5 feet, or less with review and approval of an administrative building variance, see Section 17.10.460. Street side yard 8 feet Rear yard 10 feet. In cases when the rear yard abuts a right‐of‐way, the primary structure setback shall be 20 feet. Storage sheds not larger than 120‐sq. ft. in area, 5 feet. Garage doors 20 feet with roll‐up door, or 5 feet from an alley or private drive. (Ord. 63‐07 Exh. A (part), 2007; Ord. No. 2022‐006, Att. C, 1‐18‐2022) 17.11.460 Off‐street parking. See also Chapter 17.14 and Section 17.10.490 Vehicle parking for additional requirements. (Ord. 63‐07 Exh. A (part), 2007). 17.11.470 Additional development and design criteria. (Reserved) Article V. "R‐3"—High Density Multifamily Residential District Page 20 of 57 17.11.510 Purpose. The purpose and function of the R‐3 District is to allow for the development of dense multifamily apartment rental housing in integrated development projects with on‐site management, recreation amenities, parking and open space. This district is typically located near services and transit routes and serves to promote affordable family housing as well as housing for single persons and for young couples entering the housing market. (Ord. 63‐07 Exh. A (part), 2007). 17.11.520 Allowed uses. (a) Residential apartments complexes of at least ten units. (b) Attached single‐family residential projects of at least ten units. (c) Group homes and residential care facilities: twelve or fewer. (d) Artist studios. (Ord. 63‐07 Exh. A (part), 2007). 17.11.530 Accessory uses. (a) Common facilities of an apartment, condominium, or townhouse development, such as recreational areas, playgrounds, club houses, and laundry facilities. (b) Parking lots and garages. (c) Storage units. (d) Family day care. (Ord. 63‐07 Exh. A (part), 2007). 17.11.540 Uses allowed subject to obtaining a special use permit. (a) Churches. (b) Fraternal and community service clubs. (c) Public schools. (d) Private academic schools. (e) Commercial child care center. (Ord. 63‐07 Exh. A (part), 2007). 17.11.550 Bulk and dimension standards. The following standards may be altered without a variance only through use of an overlay zone, PD regulations as adopted in Article V of Chapter 17.10 or as a master development plan in conformance with adopted Mason County regulations. Height and setback standards allow for minor deviations by architectural treatments such as chimneys, copulas, bay windows, entry covers, and door landings. Density Maximum of 20 dwelling units per net acre. Page 21 of 57 Lot coverage 70% maximum lot coverage Min. lot area Interior lot 21,750 net sq. ft. Corner Lot 21,750 net sq. ft. Lot dimensions Minimum lot width is 50 for interior lots, 60 feet for corner lots and 40 feet for cul‐de‐sac and curve lots, provided that the minimum lot width is reached and maintained at a setback of 20 feet. Lots shall be regular in shape with side property lines roughly parallel. Height Primary building: 35 feet, or as reviewed by special use permit. Setbacks Yard setbacks refer to the setback of structures from the property line. Where a property abuts another zone district with a more restrictive setback requirement, the most restrictive setback shall apply. Additional standards for setbacks in special situations are in Section 17.10.460. Front yard 10 feet Side yard 5 feet, or less with review and approval of an administrative building variance, see Section 17.10.460. Street side yard 7 feet Rear yard 10 feet (Ord. 63‐07 Exh. A (part), 2007; Ord. No. 52‐19, att. A, 6‐4‐2019; Ord. No. 2022‐006, Atts. A, C, 1‐18‐2022) 17.11.560 Off‐street parking. See Chapter 17.14 and Section 17.10.490 Vehicle Parking for additional requirements. (Ord. 63‐07 Exh. A (part), 2007). 17.11.570 Additional development and design criteria. (Reserved) 17.11.580 Approval of plans. In addition to other required permits all developments in the R‐3 district shall require binding site plan approval. (Ord. 63‐07 Exh. A (part), 2007). Article VI. "MHP"—Mobile Home Park Overlay District 17.11.610 Purpose. The purpose of the mobile home park overlay district is to provide for accommodation of mobile homes in planned, integrated, mobile home parks so as to protect the health, safety and welfare of the community. The "MHP" district is a residential zone and may be overlaid over any residentially zoned district. (Ord. 63‐07 Exh. A (part), 2007). Page 22 of 57 17.11.620 Permitted uses. All uses in a mobile home park shall require a mobile home park permit. (Ord. 63‐07 Exh. A (part), 2007). 17.11.630 Accessory uses. Accessory uses shall be allowed as permitted in an approved mobile home park permit. (Ord. 63‐07 Exh. A (part), 2007). 17.11.640 Uses permitted subject to obtaining a mobile home park permit. (a) Mobile home parks. (Ord. 63‐07 Exh. A (part), 2007). 17.11.650 Binding site plan required. (a) A preliminary binding site plan shall be approved concurrently with a mobile home park permit for a mobile home park. (b) A final binding site plan shall be recorded prior to occupancy of a mobile home park. (Ord. 63‐07 Exh. A (part), 2007). 17.11.660 Bulk and dimension standards. Park size The minimum area for a mobile home park shall be 3 acres. Space size The size of individual mobile home spaces shall be as provided in Chapter 16.22 Mobile Homes and Trailer Parks. Height limit 25 feet Setbacks Additional standards for setbacks in special situations are in Section 17.10.460. Perimeter There shall be a 20 foot landscaped setback around the perimeter of the park Individual units Individual dwelling units and accessory structures shall be setback from space lines as required by Chapter 16.22 Mobile Homes and Trailer Parks. (Ord. 63‐07 Exh. A (part), 2007). 17.11.670 Additional development and design criteria. The establishment or expansion of a mobile home park shall be subject to approval of a mobile home park permit. When different development standards are applicable from other regulations (e.g., the shoreline master program) the more restrictive shall apply. (Ord. 63‐07 Exh. A (part), 2007). Page 23 of 57 17.11.680 Parking. In addition to the requirements and standards of Chapter 17.14 the following shall apply: Spaces required: *2 spaces per each dwelling unit (may be tandem). *.5 guest spaces per dwelling unit (spread throughout park). (Ord. 63‐07 Exh. A (part), 2007). 17.11.690 Signs. A sign program shall be submitted for approval concurrently with the application for a mobile home park permit. (Ord. 63‐07 Exh. A (part), 2007). Article VII. "R‐1P"—Residential‐Platted District 17.11.710 Purpose. The purpose of the R‐ 1P district is to stabilize and retain the character and integrity of existing residential neighborhood of the Lake Land Village plat. The area has been platted but is still being developed with a mix of single‐family and small multifamily dwellings built around or near the golf courses, takes, and other amenities provided by the development. (Ord. 63‐07 Exh. A (part), 2007). 17.11.720 Allowed uses. Uses allowed in the R‐1P district shall be as follows: (1) Single‐family dwellings. (2) Duplexes and multifamily dwellings including condominiums. (Ord. 63‐07 Exh. A (part), 2007). 17.11.730 Accessory uses. The following use are permitted only as they are accessory to the primary allowed uses and may or may not require a special license or permit in addition to building permits: (1) Home occupations, also known as cottage industries, require a special use permit unless they meet the standards as adopted in Section 17.03.021 of the Mason County Code. (2) Accessory structures including shops and detached garages (total square footage not exceeding the square footage of the primary residential structure). (3) Accessory dwelling unit (as specifically defined in this code). (4) Family child care center. Page 24 of 57 (5) Group homes (up to six residents plus staff). (6) Well heads and water treatment facilities and other utility facilities. (7) Common open space and recreation facilities. (Ord. 63‐07 Exh. A (part), 2007). 17.11.740 Uses allowed subject to obtaining a special use permit. (a) Churches. (b) Schools. (c) Commercial child care center. (d) Bed and breakfast inn. (e) Other essential public facilities. (f) Accessory dwelling units (in accordance with MCC Section 17.03.029). (Ord. 63‐07 Exh. A (part), 2007). 17.11.750 Bulk and dimension standards. The following standards may be altered without a variance only through use of an overlay zone, PD regulations as adopted in Article V of Chapter 17.10 or as a master development plan in conformance with adopted Mason County regulations. Height and setback standards allow for minor deviations by architectural treatments such as chimneys, copulas, bay windows, porch covers, and door landings. Density Max of 6 dwelling units per gross acre Lot coverage 40% Max lot coverage for single‐family Min. lot area SFD = 7,000 net sq. ft. SFD = Corner lot 9,000 sq. ft. Duplex= 11,000 net sq. ft. Lot dimensions Minimum lot frontage width is 60 for interior lots, 70 feet for corner lots, 20 foot frontage for flag lots, and 40 feet for cul‐de‐sacs and curved lots. Height The maximum height of structures in the district shall be as follows: Primary building: 35 feet Accessory structure: 20 feet. Setbacks Yard setbacks refer to the setback of structures (over two feet in height) from the property line. A 2‐foot roof eave overhang is allowed in the setback. Additional standards for setbacks in special situations are in Section 17.10.460. Front yard 20 feet, 10 feet on cul‐de‐sacs as long as the average minimum setback is 20 feet. Side yard 5 feet, or less with review and approval of an administrative building variance, see Section 17.10.460. Storage sheds not larger than 120‐ sq. ft. in area 5 feet Street side yard 10 feet Rear yard Original construction and elevated decks 20 feet. Single story addition 10 feet unless rear yard abuts a right‐of‐way. Page 25 of 57 Garage doors 25 feet/ 20 feet for roll‐up door. (Ord. 63‐07 Exh. A (part), 2007; Ord. No. 2022‐006, Att. C, 1‐18‐2022) 17.11.760 Parking. Per Chapter 17.14, with additional requirements in Section 17.10.490 Vehicle parking. (Ord. 63‐07 Exh. A (part), 2007). 17.11.770 Development and design criteria. (Reserved) Chapter 17.12 COMMERCIAL ZONING DISTRICTS IN THE ALLYN UGA* Article I. "VC"—Village Commercial District 17.12.110 Purpose. The village commercial district is a pedestrian and transit oriented mixed use district primarily designed as a location for neighborhood, community wide and tourist retail, office, restaurant, entertainment, service uses, including transient accommodations, and residential uses. The district will provide opportunities for transit routes and stops and to provide shared parking opportunities. Physically the district will retain the pedestrian oriented scale and intensity of use of the rest of the village core area. Because of its nature the village commercial district zone may only be located in the village center. (1) Goals of the district are: (A) Promote private development and uses, which complement public streetscape, infrastructure and governmental improvements and uses; (B) Foster civic pride in the area and thereby stabilize and improve property values and stimulate business investment; (C) Encourage new uses and services consistent with the downtown, pedestrian oriented character of the area to achieve a viable and sustainable commercial district; (D) Prohibit new uses that are incompatible with the function and purpose of the district and encourage the relocation to other locations in the community, of existing nonconforming uses; (E) Encourage efficient land use and investment in the rehabilitation, expansion and use of existing structures and in‐fill sites through increased zoning densities and parking allowances and flexibility; (F) Encourage the concept of "mixed" commercial, residential and civic uses in order to, provide affordable housing opportunities, provide a diverse market for retail goods and services, promote alternative modes of transportation, maximize the use of public infrastructure investments and foster a greater sense of "neighborhood" within the district; Page 26 of 57 (G) Encourage a sense of "ownership" of the village core within all members of the community as the social and cultural heart of the village by providing opportunities for cultural and celebratory events and development of public spaces and buildings; (H) Promote a physical environment through architectural, streetscape and open space improvements that are evocative of the historic and natural character of the community; (I) Provide shared parking opportunities; (J) Promote tourist oriented market opportunities including water‐related activities. (Ord. 63‐07 Exh. A (part), 2007). (Ord. No. 10‐17, Att. A, 3‐14‐2017; Ord. No. 25‐17, Att. A, 4‐25‐2017) 17.12.120 Permitted uses. The following uses, subject to applicable licensing and development regulations, shall be allowed outright within the "VC" district: (1) Alcoholic beverage sales: package stores and wine shops; (2) Antique shops; (3) Appliance and communication equipment repair shop and/or sales; (4) Art galleries and artist studios; (5) Art and craft supplies, retail; (6) Vehicle parts store; (76) Bakery, with on site sales; (87) Banks and financial institutions; Bicycle shops; (98) Barbers and beauty shops; Book stores; (109) Bicycle shops; Banks and financial institutions; (1110) Book stores; Barbers and beauty shops; (1211) Camera shop; (1312) Catering; (1413) Clothing sales and rentals and shoe stores; (5114) Dance and music studios. (15) Delicatessen; (16) Dry cleaners and laundries not including laundromats; (17) Duplex (restricted to parcels one‐half acre or less); (18) Fabric and yarn goods; (19) Florists; (20) Food stores, retail including groceries, bakers, butchers, health, candy; Page 27 of 57 (21) Furniture stores; (22) Grocery stores; (23) Hardware stores; Hotels/motels; (24) Hotels/motels; Household fixtures including plumbing, lighting, heating/cooling; (25) Hobby shops; Hardware stores; (26) Hobby shops; Household fixtures including plumbing, lighting, heating/cooling; (27) Jewelry store; (28) Locksmith; (29) Medical offices, clinics, equipment and services (i.e. labs); (30) Multi‐family dwelling units (minimum four units); (31) Music stores, recordings and instruments; (32) Offices; (33) Paint and glass shops; (34) Pharmacy, dispensing; (35) Photographic studio; (36) Printing, publishing and reproduction; (37) Radio and television broadcasting station; (38) Residential (one or more) attached to any other permitted non‐residential use; (39) Restaurants, cafes and food stands: sit down and walk up; (40) Retail shops not otherwise named similar in size, character and impacts; (41) Second hand stores and pawn shops; (42) Sports related service businesses such as kayak rentals, boat tours, scuba instruction; (43) Sporting goods store including equipment rental and repair; (44) Stationary and office supply stores; (45) Toy stores; (46) Theater, live stage; (47) Theater, motion picture, one screen and no more than two hundred fifty seats; (48) Tourism related retail and service businesses such as travel, tour and event agencies; (49) Transit stops; (50) Triplex (restricted to parcels three‐quarter acre or less); (51) Vehicle parts store. (51) Dance and music studios. (Ord. 63‐07 Exh. A (part), 2007). (Ord. No. 10‐17, Att. A, 3‐14‐2017; Ord. No. 25‐17, Att. A, 4‐25‐2017; Ord. No. 85‐18, Att. A, 12‐4‐2018) Page 28 of 57 17.12.130 Accessory uses. The following uses shall be permitted as ancillary to permitted uses or uses obtaining a special use permit in the district and shall not be established independent of the primary use: (1) Alcoholic beverage sales: on‐site, in association with full menu food uses; (2) Merchandise repair excluding vehicles; (3) Micro brewery; (4) Hotel lounge; (5) Parking of one delivery vehicle; (6) Dance floors; (7) Music and electronic game machines up to a total of four; (8) Live entertainment except between the hours of one‐thirty a.m. and seven a.m.; (9) Public sidewalk food and merchandise vendors including Espresso carts and newsstands with written consent of all adjacent landowners. (Ord. 63‐07 Exh. A (part), 2007). 17.12.140 Use permitted subject to obtaining a special use permit. The following uses, subject to applicable licensing and development regulations, shall be allowed within the "village commercial" district only with approval of a special use permit except that a special use permit shall not be required where any of the listed uses are included in an approved Planned Development. Consideration shall be given to the purpose and development standards of the district including any adopted design guidelines. The design of the site, structure, and building facade shall be included in the special use permit review which shall consider the widths and heights typically found in the neighboring commercial development to determine the compatibility of the proposal with the existing development. That compatibility might be accomplished through indenting portions of the structure to separate portions of the facade, using a variety of architectural styles and building materials, orienting the building so that larger areas of facade are not visible from public ways or parking areas, or by similar techniques. (1) Antique mallts over ten thousand sq. ft. (2) Bars and taverns other than those associated with full menu food service. (3) Churches. (4) Veterinary clinics. (5) Commercial parking lots not associated with an on‐site use. (6) Day care center. (7) Drive‐through sales, service, pick‐up or delivery. (8) Gasoline retail sales. (9) Gyms, fitness and aerobic studios. (10) Laundromats. (11) Private transportation depot. Page 29 of 57 (12) Schools. (13) Private recreation facilities including game arcades, batting cages, shooting galleries and skating rinks. (14) Outdoor storage of merchandise. (15) Motorized vehicle repair. (16) Assisted Living Facilities. (Ord. 63‐07 Exh. A (part), 2007). 17.12.150 Bulk and dimension standards. Minimum lot area 9,600 sq. ft. Maximum height The maximum height of any structure in the "VC" district shall be 35 feet, or as reviewed by special use permit (not to exceed 25 feet East of SR 3), except that church spires, bell towers, chimneys and other architectural features may exceed the height limit by 50% and communication facilities by as much as permitted through approval of a special use permit. Minimum setbacks: Front property line 10 ft Side and back 5 ft Additional setbacks may be required to provide line of site clearance for vehicle drivers for the purpose of public safety. Maximum lot coverage There shall be no maximum lot coverage standard in the "VC" district. Floor area ratio There is no maximum floor area ratio and there shall be a minimum ratio of 5:1. (Ord. 63‐07 Exh. A (part), 2007; Ord. No. 52‐19, att. A, 6‐4‐2019; Ord. No. 2022‐006, Att. A, 1‐18‐2022) 17.12.160 Additional development and design criteria. Development criteria are established to ensure compatibility of uses permitted within the district, to encourage good building and landscaping design, and to ensure the protection of the public health, safety and general welfare. In addition to development regulations found elsewhere in this title the following standards shall apply to development projects within the "VC" district. Additional standards for setbacks are in Section 17.10.460. (1) General criteria. (A) Parking. Required parking for the "VC" district shall be as stipulated in Chapter 17.14 "Off‐Street Parking" of this title. (B) Signs. Private signage shall be allowed as stipulated in Chapter 17.15, "Signs" of this title. (C) Trash. Exterior trash containers shall be located within enclosures matching design criteria on file with the building and public works department except where placed outside at a designated location for collection the same day as the collection is scheduled. (D) Storage. All exterior storage shall be screened from view behind solid walls or fences no greater than eight feet in height. Page 30 of 57 (E) Fencing. Fencing shall be decorative and compatible in design and integrated with architecture of the associated use. Fences, except for storage areas, shall be no more than six feet in height and shall not obstruct line of sight clearance or safety exiting. (F) The address of all buildings and individual units shall be displayed on the exterior of the building, including on alley frontages, in a manner that allows for easy identification by the public and emergency response personnel. (G) Entries. Each building and commercial units within buildings, shall have at least one primary entry on any street frontage unless units with a building share a common entry from which the unit may be accessed during all business hours. Entries shall be clearly defined, oriented to pedestrian travel ways and away from vehicle driveways. Entries shall be provided with weather protection. (H) Structures shall be located proximate to the street to promote store front display, pedestrian activity and a harmonious streetscape while leaving opportunities to create space between building tells and the public sidewalk for exterior uses, sign displays, exterior seating, landscaping, architectural interest such as cantilevered second stories, canopies and esplanades and to provide locations for public art and information. (I) All electrical, mechanical and plumbing equipment, including roof equipment, and appurtenances shall be screened from view or otherwise architecturally treated except those required for safety purposes. (J) Architecture and aesthetics. (Reserved). (2) Commercial. (A) All street doors shall be for pedestrian access only. (B) Loading areas. Loading or pick‐up of merchandise or materials shall be restricted to alleyways or designated on‐site loading areas. (C) Outdoor display of sales of merchandise. The outdoor sale or display of merchandise, whether on‐site or on public property or right‐of‐way, shall only be allowed as permitted under guidelines approved by the county board of commissioners. (D) Canopies, signs, balconies and other architectural projections may encroach into the public right‐ of‐way with approval of an encroachment permit by the public works director and when an overhead clearance of a minimum of eight feet is maintained. (E) Ground floor frontages shall be provided with large framed display windows above a height of three feet so that at least fifty percent of the frontage wall is transparent between a height of three feet and below eight feet. (3) Residential. Required residential parking shall be provided on site. (Ord. 63‐07 Exh. A (part), 2007). (Ord. No. 10‐17, Att. A, 3‐14‐2017; Ord. No. 25‐17, Att. A, 4‐25‐2017) 17.12.170 Signs. See Chapter 17.15. (Ord. 63‐07 Exh. A (part), 2007). Page 31 of 57 17.12.180 Off‐street parking. See Chapter 17.14. (Ord. 63‐07 Exh. A (part), 2007). Article II. "T"—Tourist Commercial Overlay District 17.12.210 Purpose. The "tourist commercial" district is an overlay district limited in size and location as dictated by its function. It may only overlay the "village commercial" district. The purpose of "tourist commercial" district is to provide through development and design controls and use limitations a mixed recreation, cultural and commercial district to enhance and promote the economic revitalization of Allyn's historic central business district. The intent is the creation of an attractive pedestrian oriented commercial and recreation district enjoyed by both locals and visitors. Goals of the district are: (1) Promote private development and uses, which complement and are integrated with public streetscape open spaces and other governmental improvements and uses; (2) Foster civic pride in the area and thereby stabilize and improve property values and stimulate investment; (3) Encourage new uses and services consistent with the tourist, pedestrian oriented and active outdoor character of the area to achieve a viable and sustainable commercial district; (4) Prohibit new uses that are incompatible with the function and purpose of the district and encourage the relocation, to other locations within the community, of nonconforming uses; (5) Encourage efficient land use and investment in the rehabilitation, expansion and use of existing structures and in‐fill sites through flexible development and parking standards; (6) Encourage the concept of pedestrian oriented development to allow easy and safe pedestrian access throughout the district, between properties and businesses and to adjoining districts through thoughtful design of public improvements and private buildings and sites, the development of an attractive and stimulating streetscape and pedestrian and bike trails and paths; (7) Enhance the pedestrian experience and safety as well as make local merchandising more effective by providing a built environment that will slow traffic down while maintaining through traffic and delivery opportunities; (8) Promote alternative modes of transportation, maximize the use of public infrastructure investments, better design and foster a greater sense of "neighborhood" within the district; (9) Encourage a sense of "ownership" of the district within all members of the community; (10) Promote a physical environment through architectural, streetscape and open space improvements that are evocative of the historic, rural and natural character of the community particularly in relation to the waterfront; (11) Provide an attractive "destination" for tourists and other visitors to the region and a "gathering place" for locals; (12) "Capture" a greater share of the drive by traffic on SR 3 and get visitors "out of their cars" and into shops; Page 32 of 57 (13) Provide for adequate attractive, safe and accessible shared and public parking areas, which connect rather than divide uses and activities and allow a maximum non‐vehicle development of property; (14) Provide a location for community wide social and cultural events and celebrations by reinforcing streets and parks as public places and the development of public and semipublic space; (15) Maximize the use of public infrastructure, spaces and property to promote and enhance business development and activity. (Ord. 63‐07 Exh. A (part), 2007). 17.12.220 Permitted uses. The following uses, subject to applicable licensing and development regulations, shall be permitted within the "tourist commercial" district: (1) Alcoholic beverage sales: package stores and wine shops; (2) Antique shops; (3) Art galleries and artist studios; (4) Art and craft supplies, retail; (5) Bakery, with on site sales; (6) Bicycle shops; (7) Book stores; (8) Barbers and beauty shops; (9) Camera shop; (10) Catering; (11) Clothing sales and rentals and shoe stores; (12) Delicatessen; (13) Florists; (14) Food stores, retail including groceries, bakers, butchers, health, candy; (15) Hotels/motels; (16) Hobby shops; (17) Jewelry store; (18) Offices; (19) Music stores, recordings and instruments; (20) Photographic studio; (21) Restaurants, cafes and food stands: sit down and walk up; (22) Retail shops not otherwise named similar in size, character and impacts; (23) Sports related service businesses such as kayak rentals, boat tours, scuba instruction; (24) Sporting goods store including equipment rental and repair; (25) Toy stores; Page 33 of 57 (26) Theater, live stage; (27) Theater, motion picture, one screen and no more than two hundred fifty seats; (28) Tourism related retail and service businesses such as travel, tour and event agencies. Due to the unique nature of the "tourist commercial" overlay district, the following are not allowed: (1) Auto sales; (2) Auto repair and service uses; (3) Outdoor storage yards; (4) Mortuary services; (5) Drive through sales, service, pick‐up, or delivery, but not including a drive through espresso stand; (6) Veterinary Clinic; (7) Laundromats; (8) Manufacturing and fabrication processes except for those that are compatible with tourism and recreational activities. (Ord. 63‐07 Exh. A (part), 2007). 17.12.230 Accessory uses. (a) Alcoholic beverage sates: on‐site, in association with food uses. (b) Merchandise repair. (c) Micro brewery. (d) Hotel lounge. (e) Parking of one delivery vehicle. (f) Dance floors. (g) Music and electronic game machines up to a total of four. (h) Live entertainment except between the hours of one‐thirty a.m. and seven a.m. (i) Public sidewalk food and merchandise vendors including Espresso carts and newsstands with written consent of all adjacent landowners. (Ord. 63‐07 Exh. A (part), 2007). 17.12.240 Uses allowed subject to obtaining a special use permit. (a) Bars and taverns other than those associated with full menu food service. (b) Churches. (c) Commercial parking lots not associated with an on‐site use. (d) Day care. (e) Gyms, fitness and aerobic studios. (f) Private transportation depot. Page 34 of 57 (g) Schools. (h) Private recreation facilities including game arcades, batting cages, shooting galleries. (Ord. 63‐07 Exh. A (part), 2007). 17.12.250 Bulk and dimension standards. Same as for "village commercial" district except as follows: Height On the shore side of SR 3 a maximum of 25 feet. (Ord. 63‐07 Exh. A (part), 2007). 17.12.260 Additional development and design criteria. Same as for "village commercial" district as well as: (1) Comply with any design guidelines for district as adopted by board of commissioners. (2) As a condition of permit approval easements may be required for utilities, vehicle and pedestrian access, drainage and views, as are determined to be necessary to meet the goals of the district stated above. (3) Exterior social spaces shall be provided as part of project design. (4) Compliance with state handicap access requirements shall include maintenance of travel way standards to allow complete access throughout the district including from property to property and from all parking lots to common travel ways. (Ord. 63‐07 Exh. A (part), 2007). 17.12.270 Signs. See Chapter 17.15. (Ord. 63‐07 Exh. A (part), 2007). 17.12.280 Off‐street parking. In addition to the requirements of Chapter 17.14 the following standards shall apply in the "tourist commercial" overlay district: (1) Parking lots shall be pedestrian friendly and allow pedestrian and vehicle access between parking lots on adjacent properties. (Ord. 63‐07 Exh. A (part), 2007). Article III. "HC"—Highway Commercial District Page 35 of 57 17.12.310 Purpose. The purpose of the highway commercial district is to provide a zone for vehicle oriented, community wide or sub‐regional, retail shopping uses and integrated shopping centers located outside of the village center with frontage on and direct access from a major arterial road. (Ord. 63‐07 Exh. A (part), 2007). 17.12.320 Permitted uses. Permitted uses in the HC zone consist of retail, service, office, dining and entertainment uses to the general public that take place inside a completely enclosed building in an integrated shopping center or as otherwise permitted by this title. (See 17.12.340) Such uses include: (1) Apparel stores; (2) Appliance stores; (3) Art galleries; (4) Banks and lending institutions; (5) Bicycle shops; (6) Book stores; (7) Camera shops; (8) Department stores; (9) Drug stores and pharmacies; (10) Food stores, including bakeries with on site sates, candy shops and health foods; (11) Furniture and office equipment stores; (12) Hardware stores; (13) Hobby shops and art supplies; (14) Jewelry stores; (15) Music and musical instrument stores; (16) Offices; (17) Restaurants, sit down; (18) Sporting goods stores; (19) Toy shops; (20) Supermarkets; (21) Variety stores. (Ord. 63‐07 Exh. A (part), 2007). 17.12.330 Accessory uses. (a) Minor outdoor display of merchandise. Page 36 of 57 (b) Vending machines, screened from view. (c) Minor recycling facilities. (d) Transit stops. (Ord. 63‐07 Exh. A (part), 2007). 17.12.340 Use allowed subject to a special use permit. Due to their potential negative impacts on adjacent uses and public improvements the following uses, and similar uses, shall require approval of a special use permit: (1) Vehicle drive through lanes; (2) Game arcades; (3) Movie and stage theaters; (4) Pet shops; (5) Gas stations; (6) Hotels and motels; (7) Veterinarian offices; (8) Motor vehicle sales, rental, repair or service; (9) On site liquor sales not in conjunction with a restaurant; (10) Bars and night clubs; (11) Dance clubs; (12) Churches; (13) Mortuaries; (14) Skating rinks and similar active entertainment uses; (15) Major recycling facilities. Approval of a special use permit shall consider hours of operation, proximity of existing and future adjacent uses, vehicle access, circulation and parking demand, concentrations of similar uses, screening of unsightly features and on‐site private security. (Ord. 63‐07 Exh. A (part), 2007). 17.12.350 Bulk and dimension standards. Maximum height 35 feet, or as reviewed by special use permit. Maximum lot coverage (building, parking, and impervious surfaces) 80% Setbacks 20 foot landscaped perimeter setback except may be reduced to 5 feet where site abuts another commercial site. Additional standards for setbacks in special situations are in Section 17.10.460. Page 37 of 57 (Ord. 63‐07 Exh. A (part), 2007; Ord. No. 52‐19, att. A, 6‐4‐2019; Ord. No. 2022‐006, Att. A, 1‐18‐2022) 17.12.360 Additional development and design criteria. (Reserved) 17.12.370 Off‐street parking. Per Chapter 17.14, Off‐Street Parking. (Ord. 63‐07 Exh. A (part), 2007). 17.12.380 Signs. Per Chapter 17.15, Signs. (Ord. 63‐07 Exh. A (part), 2007). 17.12.390 Development approval. In addition to other requirements, all development in the "HC" district shall require site plan approval except where a binding site plan is already required. (Ord. 63‐07 Exh. A (part), 2007). Article IV. "BP"—Business Park 17.12.410 Purpose. The purpose of the business park district is to provide a zone for office, professional services, and light manufacturing business development. To promote a "campus" atmosphere that attracts business and employers while minimizing potential impacts such as noise, odors, light or glare, or significant adverse visual impacts. (Ord. 63‐07 Exh. A (part), 2007). 17.12.420 Permitted uses. (a) Appliance repair. (b) Furniture and major appliance sales. (c) Home furnishing sales. (d) Home improvement centers. (e) Printing and publishing. (f) Offices. (g) Medical clinics and other medical support services. (h) Health clubs and aerobic facilities. Page 38 of 57 (i) Research and Development (R & D) facilities. (j) Light manufacturing. (Ord. 63‐07 Exh. A (part), 2007). 17.12.430 Accessory uses. (a) Vehicle fleet parking. (b) Other uses ancillary to the primary permitted use. (c) Common open space, public traits, viewing areas, and similar uses when ancillary to the primary use. (Ord. 63‐07 Exh. A (part), 2007). 17.12.440 Use allowed subject to a special use permit. (a) Outdoor storage, when screened. (b) Day care and temporary assisted care. (c) Community utility and infrastructure. (Ord. 63‐07 Exh. A (part), 2007). 17.12.450 Bulk and dimension standards. Minimum lot area 19,200 sq. ft. Maximum lot coverage (building, parking, and impervious surfaces) = 90% Maximum height limit 35 feet, or as reviewed by special use permit. Minimum setbacks Additional standards for setbacks in special situations are in Section 17.10.460. Front 20 foot landscaped setback. Side and rear 10 foot landscaped setback from non‐residential and 20 foot from residential (Ord. 63‐07 Exh. A (part), 2007; Ord. No. 52‐19, att. A, 6‐4‐2019; Ord. No. 2022‐006, Att. A, 1‐18‐2022) 17.12.460 Additional development and design criteria. (Reserved) 17.12.470 Off‐street parking. Per Chapter 17.14, Off‐Street Parking. (Ord. 63‐07 Exh. A (part), 2007). 17.12.480 Signs. Per Chapter 17.15, Signs. Page 39 of 57 (Ord. 63‐07 Exh. A (part), 2007). 17.12.490 Development approval. All development projects in the BP district shall require approval of a binding site plan, in conformance with Mason County Code, Section 17.03.031. (Ord. 63‐07 Exh. A (part), 2007). Chapter 17.14 OFF‐STREET PARKING IN THE ALLYN UGA* 17.14.010 Intent and purpose. (a) The purpose and intent of these off ‐street parking regulations is to: (1) Relieve congestion and provide for safe movement of traffic along public streets; (2) To promote the general welfare and convenience and prosperity of residential, commercial and manufacturing developments which depend on the availability of off‐street parking facilities; (3) To protect adjacent properties and neighborhoods from intrusion of vehicular traffic and parking congestion generated by developments with inadequate parking; (4) To promote the general business climate through safe, pedestrian friendly, and environmentally sensitive and energy efficient lighting, for example: (A) Downward directed lighting that does not glare into adjoining areas, (B) Signing and design of parking lots which provides attractive and functional landscape areas, addresses stormwater management issues, complements and enhances adjacent businesses, and provides for public safety through driveway design and location criteria and the ingress and egress from public streets. (b) For the purposes of this chapter recreational vehicle shall refer to all motor homes, campers, utility trailers, living trailers, boat trailers and similar vehicles. On‐street parking and the use of the public rights‐of‐way are regulated by Title 10 of the Mason County Code. (Ord. 63‐07 Exh. A (part), 2007). 17.14.020 Application. (a) Except as otherwise allowed by this chapter, off‐street parking spaces, covered spaces, drive through spaces, loading spaces, handicapped accessible spaces, bicycle spaces and parking lots as required by, and to the standards established by, this code shall be provided as follows: (1) For the establishment of a new nonresidential land use and/or the construction of new nonresidential buildings. (2) For the floor area or outdoor use area proposed for expansion of an existing nonresidential land use that increases the parking demand and the required number of parking spaces. (3) For the change in use of an existing residential property that results in an intensification of the land use relative to parking demand and the required number of parking spaces. (4) When an identified circumstance is reached for the establishment of phased parking development. Page 40 of 57 (5) For the establishment or construction of a new residential dwelling unit or expansion of a residential unit by more than fifty percent of the original floor area. (b) Except as otherwise required by this chapter existing legal nonconforming parking may remain and be maintained as established unless there is a danger to the public health, safety or welfare. Any improvements to or expansion of nonconforming parking lots shall conform to the provisions of this chapter except that a voluntary improvement and/or expansion shall not be required to comply with the minimum number of spaces required and the expansion of spaces that is triggered due to a change of use shall only be the difference between that required for the existing use and the new use. (c) Requirements for uses not specifically listed in this chapter shall be determined by the planning manager or his or her designee, based on the requirements of comparable uses and upon the particular characteristics of the use and/or other provisions of this chapter. (d) The numbers and dimensions of parking and loading spaces required by this chapter shall be considered the minimum required, unless otherwise provided, and additional parking may be required based on the nature of the use and anticipated demand. On‐street parking shall not be counted toward compliance with the minimum number of spaces required. (Ord. 63‐07 Exh. A (part), 2007). 17.14.030 General provisions. (a) All parking spaces and loading spaces parking lots shall be maintained and kept available for their intended use and size vehicle intended and shall not be discontinued, reduced, or altered in any way without approval of the planning department and in compliance with the requirements and standards of this chapter. (b) All required guest, handicap; loading; compact; or other restricted spaces shall be designated as such and restricted to such use. (c) No repair work or servicing of vehicles shall be conducted on designated parking areas. (d) Fractional spaces shall be counted as the next largest whole space. (e) Off‐street parking and parking lots constructed, even when not required by this chapter, shall be constructed and maintained in compliance with the development and use standards of this chapter. (f) No property shall be used for parking and/or storage of vehicles except as in compliance with the provisions of this chapter. Except as otherwise noted all vehicles shall be provided with a parking surface in compliance with the design and development standards for parking spaces and parking lots in this chapter. (g) All parking lot construction, drainage, landscaping and stripping plans, includeding for improvements to and/or expansion of existing parking lots, shall be approved by the planning, building and public works departments for compliance with the requirements of this chapter and title and all other county development standards and regulations. Grading and paving of parking lots shall be in compliance with the permits and standards required in Title 14, Chapters 14.44 (Excavation and Grading) and 14.48 (Stormwater Management). All associated construction within a public right‐of‐way, including driveway approach construction and landscaping, requires the approval of an access permit, with associated bonding or other surety for completion of the work, by the public works department and compliance with all adopted traffic control and safety regulations and procedures. (Ord. 63‐07 Exh. A (part), 2007). Page 41 of 57 17.14.040 Minimum parking space and lot dimensions. (a) Parking Stall Size: (1) Residential: ten feet by twenty feet. (2) Commercial: nine feet by nineteen feet. (3) Compact: nine feet by fifteen feet. (4) Handicap van: eight feet by nineteen feet plus eight feet unloading area.* (5) Car: eight feet by nineteen feet plus five feet unloading area. (6) RV: ten feet by thirty feet. (7) Parallel: eight feet by twenty‐three feet; (8) Drive through cueing space: eight feet by ten feet widened at curves as necessary. (9) Diagonal: thirty, forty‐five and sixty‐degree parking spaces are permitted in conformance with the following table. * Dimensions may not be less than state adopted standards. Handicapped unloading area may be on either side of parking stall. (b) Table for standard size parking angles (Does not include two‐foot allowance for overhang or interlock reduction). A = Parking angle B = Stall width C = Stall depth¹ D = Width at curb E = Aisle width² 0 8′ 8′ 23′ 12′ 30 9′ 17′ 17′ 15′ 45 9′ 19′ 12.7′ 16′ 60 9′ 20.5′ 10.4′ 23′ 90 9′ 19′ 9′ 22′ A = Parking angle. B = Stall width. ¹C = Stall depth from curb to drive aisle. D = Width at curb. ²E = Aisle width, one way. (c) Backup space shall be twenty‐four feet except for diagonal accessed by a one‐way drive aide. (d) Drive aisles from which no parking is directly accessed shall be a minimum of twenty feet in width for two way and twelve feet in width for one way. (e) There shall be a two‐foot overhang allowance into landscaping or hardscape buffers or sidewalk areas provided the sidewalk maintains minimum access width requirements, which in no case shall be less than four feet. (Ord. 63‐07 Exh. A (part), 2007). Page 42 of 57 17.14.050 Minimum number of spaces required. (a) Off‐street parking ratios expressed as the number of spaces per square feet means the useable or net square footage exclusive of non‐public or employee work area footage of floor area such as maintenance areas, foyers, closets, restrooms or storage areas other than active file rooms. Fraction numbers of calculated spaces shall be rounded up to the next highest whole number. Public parking spaces, either on‐street or in public parking lots, shall not be included in parking calculations. The applicability of parking on private streets shall be determined during project approval. (b) The required number of parking spaces for each type of land use shall be as stipulated below, except as the requirements may be modified or installation phased by other sections of this chapter: (1) Residential. (A) Single‐family detached: two spaces per unit. (B) Single‐family attached, duplexes and triplexes: two spaces per unit. (C) Four‐plex multifamily and above: one space per unit up to two bedrooms and one‐half space for each bedroom over two; plus one‐half guest space per unit. (D) Mobile home parks: two spaces per unit plus one‐half guest space for each unit. (E) Group facilities: one space per each three beds. (F) Single‐family, duplex or triplex developments which restrict parking on local or minor collector residential streets shall provide one‐half guest space for each unit where parking is restricted to one side of the street and one guest space per unit where parking is prohibited on both sides of the street. (2) Commercial. (A) Retail: one space for each two hundred fifty square feet; or one space each four hundred square feet for shopping centers, or shared parking lots by independent businesses, with two or more uses. (B) Barber shops and salons: three spaces for each chair. (C) Restaurants up to twelve seats: one space for each two hundred fifty square feet. (D) Restaurants over twelve seats: one space for each sixty square feet of customer. Seating area and one space for each four hundred square feet of kitchen and non‐customer area. (E) Bank and office (except medical): one space for each three hundred square feet. (F) Medical office: one space for each two hundred square feet. (G) Gyms and aerobic studios: one space for each fifty square feet. (H) Technical school: one space for each one hundred square feet. (I) Hotels and motels: one space per unit plus one employee space for each ten units, plus parking for accessory uses by type and one RV parking space for each ten units. (J) Outdoor product display areas: one space for each one thousand square feet of display or sales area. (3) Industrial. (A) Manufacturing: one space for each seven hundred fifty square feet. Page 43 of 57 (B) Warehousing: one space for each one thousand five hundred square feet up to ten thousand square feet and one space for each two thousand square feet over ten thousand. (C) Retail show rooms: one space for each five hundred square feet. (D) Research and development: one space for each five hundred square feet. (E) In addition to the above industrial uses, uses that employing drivers to takeing vehicles off‐site for delivery or construction shall provide one space for each driver. In addition to the followingAlso, office space within industrial uses shall be provided one space for each two hundred fifty square feet of office use. (4) Public and semi‐public uses including public schools, parks and athletic facilities. While the exact number of spaces shall be determined through the special use permit process the following minimums shall apply: (A) Hospitals and convalescent care facilities: one space per longer‐term care bed and one space for each two hundred square feet of out patient area. (B) Schools: one space for each classroom plus one space for each two hundred fifty square feet of office area; plus one space for each one hundred square feet of kitchen area; plus one guest space per each five required spaces; plus for high schools and colleges ten spaces per classroom. (C) Churches: one space for each three seats in the largest assembly area. (D) Theaters: one space for each three seats. (E) Library: one space for three hundred square feet. (F) Museum and art gallery: one space for five hundred square feet. (G) Clubs and lodges: one space for each two seats. (H) Sports facilities/auditoriums: one space for each three seats. (5) For unnamed uses the number of spaces required may be based on a similar use listed or on a study provided by a recognized professional in the area of parking and trip demand. (6) For projects that combine a mix of uses the requirement shall be calculated by the addition of the total required for each use area by square footage; the provisions for shared parking in this chapter may be applied. (7) Compact Spaces. (A) Up to twenty percent of the number of required spaces over twenty may be compact. (B) Compact spaces shall be clearly designated and should be grouped separate from standard spaces. (8) Bicycle Parking. For commercial and public parking uses that require at least fifty parking stalls a bicycle rack with a capacity for four bicycles shall be provided for each fifty parking stalls not to exceed a total of twelve bicycle spaces. (Ord. 63‐07 Exh. A (part), 2007). 17.14.060 Minimum loading space requirements. (a) Size. Loading spaces sizes shall be dimensioned to accommodate the type of vehicle intended for use however the following minimums shall apply where loading spaces are required. Type A space = 10′ by 30′ with 14′ vertical clearance. Page 44 of 57 Type B space = 12′ by 40′ with 14′ vertical clearance. 2. Location. Loading spaces shall be adjacent to the doors they serve and be separated from parking stalls and be located so as to not interfere with circulation or parking or to cause an unsightly appearance or provide the potential for noise impacts on residential areas. 3. Numbers. In addition to the minimums listed below, each loading door shall have an associated loading space. All loading spaces shall be designated with striping. Type Use Floor Area Number of Spaces Required Commercial 0—10,000 10,001—20,000 1 Type A Over 20,000 1 Type B Industrial under 5,000 1 type A 5,000—15,000 1 Type B 15,001—50,000 2 Type B over 50,000 3 Type B Public As required by special use permit. (Ord. 63‐07 Exh. A (part), 2007). 17.14.070 Village commercial parking space requirements. The village commercial core area is a unique mixed‐use area in the center of Allyn. It is the historic commercial center of the village and surrounding area. The village commercial and tourist commercial overlay districts were developed to recognize the unique historic, cadastral, physical and mixed‐use aspects of the core area and to respond to the changing regional business climate. There are limited prime, business frontage locations and an existing inefficient mix of paved, unpaved and informal parking spaces. The sub‐area plan calls for a pedestrian oriented village core preserving the historic, cultural and social characteristics while promoting new investment based on local demand and the growing tourist opportunities. To this end, along with zoning regulations for use and physical development, parking regulations specific to the village commercial zoning districts are necessary to achieve the goals of the sub‐area plan while recognizing the limitations for development of vehicle parking, circulation and truck delivery. Regulations in this section provide for planned public parking along with opportunities provided by on‐street parking, not currently available, and cooperative shared and leased parking arrangements.Planned public parking along with opportunities provided by on‐street parking not currently available and for cooperative shared and leased parking arrangements between property/business owners are reflected in the regulation of this section. (Ord. 63‐07 Exh. A (part), 2007). 17.14.080 Application. The provisions of Sections 17.14.070 through 17.14.120 shall apply to all properties within the village commercial and tourist commercial overlay districts. Provisions of this chapter not specifically modified by this section shall also apply. Existing legal nonconforming parking shall be maintained at its present level in a manner safe to the users and general public and where it is not detrimental to public or private improvements. Any new Page 45 of 57 parking voluntarily established, or improvement of existing parking shall comply with the development standards of this chapter and section. (Ord. 63‐07 Exh. A (part), 2007). 17.14.090 Off‐street parking and loading space requirements. (a) Vehicle Parking. (1) Commercial. The number of parking spaces required for commercial uses in the village commercial district, except as otherwise noted, shall be fifty percent of the number required by Section 17.14.050 if shared parking is provided. (2) Residential. One parking stall shall be required for each residential unit. (3) Hotels and Motels. One space per room plus additional parking required for ancillary uses per subsection (a)(1) above. (b) Loading. Loading spaces shall be provided as required by Section 17.14.060 except where a public alley is available and may be used in a safe manner as determined by the planning manager. (Ord. 63‐07 Exh. A (part), 2007). 17.14.100 Use of public parking. (a) On‐street parking and spaces located in public parking lots shall not be reserved or restricted except those spaces reserved for use by handicapped individuals or on which time limits have been set. (b) Nothing in this section is intended to limit voluntary parking management programs established by business or property owners. (Ord. 63‐07 Exh. A (part), 2007). 17.14.110 Alternative means of meeting on‐site parking requirements. In addition to those alternative means listed in Section 17.14.130 uses in village commercial may meet the requirements of this code by use of the following: (1) In‐Lieu Fee. The required number of on‐site spaces for any use may be reduced on a one for one basis by payment of an in‐lieu of fee as established by the board of commissioners for use in the development of public parking lots. (2) Dedication of Parking. The required number of on‐site spaces for any use may be reduced on a one for one basis by development of and dedication to the county or Port of Allyn of a public parking lot, or expansion of an existing lot, within the village commercial district, constructed to county standards and in which a minimum of twenty spaces are provided. (Ord. 63‐07 Exh. A (part), 2007). 17.14.120 Access and design. Access and design of parking lots in the village commercial district shall be as stipulated elsewhere in this title, see Chapter 17.12 the "village commercial" district and "tourist commercial" overlay district, and in compliance with any design guidelines adopted by the board of commissioners. Page 46 of 57 (Ord. 63‐07 Exh. A (part), 2007). 17.14.130 Modified calculations for required on‐site parking space number. In addition to the following, Ssee Section 17.14.140(2), Parking Lot Location, regarding the use of off‐site parking, in addition to the following:. (1) Common Use of Facilities. Common parking areas may be shared for independent uses where the total number of spaces provided equal the sum of that required for the individual uses and where there is assurance, such as a document recorded to run with the land, the parking will always be accessible to all parties. Handicap accessible parking requirements shall be based on the total number of spaces provided. (2) Joint Use of Facilities. A special use permit may be issued for joint use of parking facilities, i.e., where the same parking spaces are used by different uses at different times, under the following conditions. (A) Up to fifty percent of the parking required for a use that normally operates in the daytime may be credited to a use that normally operates at night or vice versa. (B) Up to one hundred percent of the parking required for a church or school may be credited to another use during periods when the church or school is not active. (C) The use for which the joint use is requested must be located within five hundred feet of the parking facility. (D) The applicant shall provide evidence that such joint use will not create a conflict of overlapping use of the parking. (E) A written agreement shall be recorded to run with the land that ensures the parking will be available for as ltong as the joint use is required. (3) Use of Adjusted Gross Floor Area Calculations. In the computation of floor area or building square footage relative to compliance with this chapter an adjusted gross floor area shall be used. Adjusted gross floor area shall exclude all common facilities shared by tenants who do not contribute to building occupancy or in single occupancy units those areas which are ancillary to and support the main use and shall be limited to mechanical rooms, elevators, foyers, indivisible corridors and hallways, janitor's closets. This does not include file rooms or other storage rooms that are an integral and typical part of the business or use. (4) Parking Studies. An applicant may request a modification, to be allowed by the approval body, to the minimum number of parking or loading spaces required by providing a study by a qualified professional that substantiates that parking demand can be met with reduced requirements due to such factors as drive‐by trip capture, hours of operation or alternative transportation availability for the customer base. (5) Transit Oriented Development. Transit oriented developments approved as a planned unit development or commercial uses approved under the provisions of a binding site plan may propose reduced parking requirements in lieu of provisions for alternate modes of transportation. (Ord. 63‐07 Exh. A (part), 2007). 17.14.140 Parking lot location, construction and design. (a) General Criteria. All parking lots and spaces constructed shall comply with the following unless Unless specifically altered by some other provision of the Mason County Code or as modified where allowed in approval of a special use permit, all parking lots and spaces constructed shall comply with the following:. Page 47 of 57 (1) Parking lots and spaces shall be constructed of either asphalt concrete (AC) or portland concrete cement (PCC) or some other approved all weather hard surface such a brick or paving stones. Pervious paving surfaces are encouraged for use to reduce impervious surfaces and lower stormwater runoff volumes. (2) All public and private parking and loading areas shall be prepared in a manner to dispose of surface water runoff which shall be retained on site or drained into an area approved by the Mason County engineer or the State Department of Transportation when abutting State Highways, and areas which are to be surfaced with an asphalt, concrete or similar Allall‐weather surface as described above, shall be subject to review and approval of the Mason county public works director or his designee. (3) Separate parking spaces with landscape and/or hardscape buffers from public sidewalk, buildings, moving cars. Buffers should be a minimum of five feet in width. Buffers adjacent to the public right‐of‐ way, except for alleys shall be landscaped and have ten feet minimum width for developments over ten acres in size. (4) Provide adequate directional signs. (5) Provide for safe pedestrian access to building and public sidewalks. (6) Provide for through circulation limiting the need for backup maneuvers. (7) Drive through queues shall be designed so that overflow will not interfere with public streets or main drive aisles in shopping centers. (8) All parking lots shall comply with Washington state regulations relative to access by persons with disabilities. (9) No parking space shall obstruct a doorway or exit from a structure. (10) Parking stalls shall be clear of all obstructions that limit the use thereof. (11) A parking stall shall not be located so as to cause a visual obstruction. (12) Loading spaces when in use shall not obstruct the free circulation of vehicle traffic. (13) Wheel stops six inches in height shall be provided in the form of continuous curbs or sidewalk edges. Freestanding wheel stops, i.e., placed on top of previously poured paving, shall not be permitted except with the approval of the planning manager where there is no danger of creating a tripping hazard. (14) Water drainage to and from the parking lot shall not be across sidewalks. (15) Parking lots shall be designed to permit on site turn around through limits on dead ends and to permit vehicles to enter and exit the site in a forward motion. (16) All fire lanes, compact parking stall, handicapped stall, loading areas and turn around areas shall be appropriately marked. (17) Drive Though Lanes. Drive through queuing lanes shall accommodate a minimum of eight passenger vehicles and shall not obstruct the free flow of vehicle circulation loading areas or pedestrian access. They shall be a minimum of ten feet in width. (18) One‐way drive aisles shall be a minimum of twelve feet in width. Two‐way drive aisles shall be a minimum of twenty‐four feet in width except that the width may be reduced to twenty feet where there is no direct access to parking spaces. (b) Location. (1) Parking spaces shall be located in proximity to the use they serve. Page 48 of 57 (2) Required parking spaces may be located off‐site with concurrence of the body approving the parking lot if a document is recorded to insure the continued availability of the spaces for the life of the use or until such time as other spaces are made available; they comply with the development standards of this code; and do not reduce the required number of spaces available for the use located on the off‐ site property. (3) The location requirements for this section may be altered through approval of a special use permit, PUD or binding site plan where the intention of the code for user convenience is met and safe and direct pathways are provided from the parking to the use. (c) Landscaping. (1) Parking space shall be separated from public sidewalks with landscaped planter that shall be a minimum of five feet and ten feet along a state highway. (2) A minimum five‐foot wide planter buffer shall separate parking stalls from on site sidewalks. (3) Long rows of parking spaces, i.e., over twenty spaces, shall be broken up by the use of planters not less than three feet wide. (d) Lighting. (1) Adequate, energy efficient lighting for both vehicle and pedestrian circulation and to provide for public safety shall be provided. (2) Freestanding parking lot luminaires shall be located in landscaped islands or otherwise separated from parked or moving vehicles and kept as low as possible and shall not allow direct light or glare onto adjacent residential properties. Concrete bases for the luminaries shall be a maximum of six inches in height unless decorative in construction. (3) Wall and canopy lighting shall be screened to keep direct light and glare from spilling off the site. (4) An exterior lighting site plan showing location and type of fixtures and poles and section of poles with height and footing details and lighting contours shall be submitted with all new building or parking lot construction plans. (e) Striping. Nonsingle‐family, duplex and triplex parking stalls shall be designated with a four‐inch wide white painted stripe. (1) Directional arrows shall be provided on commercial and industrial drive aisles. (2) Fire lanes and no parking areas shall be clearly designated. (f) Deviations to Standards for Design of Parking Facilities. Administrative approval may be given for deviations to application of the standards of this section for the expansion or improvement of existing parking lots where there is no threat to public safety. (Ord. 63‐07 Exh. A (part), 2007). 17.14.150 Access and driveway approach regulations from streets and alleys. The number, size and location of driveway access to public streets and alleys shall be limited as follows. (Check with Mason County public works for more specific driveway permit information.) (1) General. (A) Minimum thirty‐foot separation from back of curb return at intersections. (B) Minimum two feet of full height curb from property line except for shared driveways. Page 49 of 57 (C) In lieu of standards below, major development may use divided driveways or curb returns in lieu of driveway approaches as necessary to accommodate traffic and turning movements. (D) Driveway approach shall be clearly defined through use of landscaping. (E) Driveways into commercial, industrial or multifamily residential. (F) Projects shall be aligned with existing or future driveways on the opposite side of the street where left turns are allowed. They may be minimally offset where no left turn conflict is created otherwise there shall be a minimum of two hundred feet of separation to allow for opposing left turn lanes. (G) Service, one way restricted or other special situation drive approaches shall be clearly designated as such. (2) Commercial and Industrial Developments: (A) Minimum width to forty feet or one‐half width of frontage whichever is less, with approval from Mason County public works; (B) Use a four‐foot wide flare in approach; (C) Design approach for weight of trucks; (D) Provide separate service driveways for major developments; (E) Avoid cross traffic near entrance; (F) Allow vehicles to fully enter site before potential obstruction from cross traffic or backups; (G) Define location with landscaping; (H) Do not access parking spaces directly from street; direct access from an alley is permitted. The number of approaches shall be no more than necessary to accommodate demand and circulation; (I) Provide for safe pedestrian crossing of driveways. (3) Residential Developments. (A) Single‐family/duplex/triplex: (i) Limit to one access frontage; (ii) No driveway access to arterials or major collectors; (iii) Minimum thirty feet width or one‐half of lot width, whichever is less, with approval from Mason County public works; (iv) Use two‐foot flares at approach; and (v) Use alleys were available for access. (B) Multifamily: (i) No access to spaces directly from street; (ii) Access shall be to lowest category street for corner lots; (iii) Use four‐foot flares on arterial and major collector driveways; and (iv) Provide entry treatments to define driveway location. (Ord. 63‐07 Exh. A (part), 2007). Page 50 of 57 17.14.160 Parking and storage of recreational vehicles, boats and trailers on residential property. Recreational vehicles, trailers and boats and trailers may be parked and stored on residential property under the following conditions. (1) In mobile home parks, planned developments and apartment complexes: (A) Recreational vehicles may not be parked in spaces provided for passenger vehicle parking. (B) Recreational vehicles shall be parked and/or stored as provided for in the development approval of the project. (2) For single‐family detached houses, duplexes and triplexes: (A) Recreational vehicles shall be parked beyond the front or street side yard edge of the residential unit except where they are beyond the front or street side yard setback and screened with a minimum six‐foot high fence or vegetation wall; (B) Temporary parking of recreational vehicles on driveways and on the street, where parking is permitted, for the purpose of cleaning, loading or unloading is; (C) No habitation of recreational vehicles is permitted when parked or stored on a residential lot or street except habitation may be permitted for vehicles parked on a private residential lot for self‐ contained vehicles or for any vehicle designed for habitation on a lot with an existing residence where a permit has been issued by the building official and copied to the sheriff department. (Ord. 63‐07 Exh. A (part), 2007). 17.14.170 Parking of commercial vehicles in residential zones. Commercial vehicles, other than those allowed through a home‐based occupation or cottage industry special use permit issued per Section 17.03.021 (Mason County Development Regulations), may not be parked or stored in residential zones except that for the period of time required to make legitimate service deliveries or pick‐ups. (Ord. 63‐07 Exh. A (part), 2007). 17.14.180 Commercial storage of vehicles. (a) Commercial vehicles shall be stored in approved designated locations and shall not obstruct the use or access to parking stalls. (b) Striping is not required in vehicle storage areas however required drive aisles and fire lanes must be designated and be kept clear of obstructions. (c) Alternative all weather surfaces may be permitted for storage of nonmotorized vehicles and trailers where there is no significant danger from leakage of fuel or lubricants. (Ord. 63‐07 Exh. A (part), 2007). 17.14.190 Variances. Except as otherwise allowed by this chapter, applications for variances shall be made in accordance with Chapter 17.05, Article IV "Variances" of the Mason County Code. Page 51 of 57 (Ord. 63‐07 Exh. A (part), 2007). Chapter 17.15 ALLYN SIGN CODE* 17.15.010 Intent of sign regulations. The intent of the sign regulations is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the number, size, design, quality of materials, construction, location, electrification, energy efficiency, and maintenance of all signs and sign structures; to preserve and improve the appearance of the Allyn urban growth area as a place in which to live and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business and for public information but to prevent excessive and confusing sign displays or signs that pose a hazard to the public. (Ord. 63‐07 Exh. A (part), 2007). 17.15.020 Application. This chapter applies only to signs within the Allyn urban growth area. (Ord. 63‐07 Exh. A (part), 2007). 17.15.030 Exemptions to the sign regulations. The following may be construed as signs, but are not intended to be regulated as signs in this chapter: (1) The flag, emblem or insignia of a nation or other governmental unit or nonprofit organization subject to the guidelines concerning their use set forth by the government or organization which they represent. (2) Traffic or other municipal signs, signs required by law or emergency, railroad crossing signs, legal notices and signs erected by government agencies to implement public policy; (3) Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones; (4) Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses; (5) Temporary signs or Ddecorations, clearly incidental and customary and commonly associated with any national, local or religious holiday, or traditional community event such as annual festivals or parades; (6) Sculptures, fountains, murals, mosaics and design features which do not incorporate advertising or identification. (Ord. 63‐07 Exh. A (part), 2007). 17.15.040 Definitions. The following definitions apply within this chapter: "Accessory building or use" means any building or use which: Page 52 of 57 (1) Is subordinated to, and serves a principal building or principal use; and (2) Is subordinate in area, extent or purpose to the principal building or principal use served; and (3) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and (4) Is located on the same lot as the principal building or principal use served, with the single exception of such accessory off‐street parking facilities as are permitted to locate elsewhere than on the same lot with the building or use served; and (5) Accessory uses include signs that are related to and support an on‐site business or activity. "Agricultural sales sign" means a usually seasonaltemporary sign used to announce and/or direct the public to a sale of locally grown agricultural products. "Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. "Billboard" means the same as an off‐premises sign. "Changing message center sign" means an electrically or electronically controlled sign where different automatic changing messages are shown on the same lamp blank. "Commercial sign" means for the purposes sign regulations, a sign intended to attract attention, identify, advertise, and/or promote: a business; goods sold, offered, traded, or manufactured; a service sold or offered; or professional, commercial or industrial gainful activity. "Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and announce the character of the building or the purpose for which the building is intended. "County" means Mason County, Washington. "Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. "Freestanding sign" means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as pedestal signs, pole signs, pylon signs, and monument signs. "Garage sale signs (yard sales, moving sales, patio sales)" means temporary signs used to announce and/or direct the public to a sale of used items. "Monument sign" means a freestanding sign having the appearance of a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials compatible with the materials of the primary structure on the subject property. "Noncommercial sign" means for the purposes of sign regulations, a sign intended for a purpose other than to attract attention, identify, advertise, and/or promote: a business; goods sold, offered, traded, or manufactured; a service sold or offered; or professional, commercial, or industrial gainful activity. "Off‐premises sign" means a sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. “On‐premise sign” means any communication device, structure or fixture that is intended to aid in identification and to advertise and/or promote a business, service, activity, interest or view at the location on which the sign is located. Page 53 of 57 "Pole (or pylon) sign" means freestanding sign supported permanently upon the ground by poles or braces and not attached to any building. "Political sign" means a temporary sign advertising a candidate or candidates for public elective office, or a political party, or sign urging a particular vote on a public issue decided by ballot. "Real estate signs" means any temporary sign pertaining to the sale, lease or rental of land or buildings. "Roof sign" means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. "Sign" means any communication device, structure or fixture that is intended to aid an establishment in identification and to advertise and/or promote a business, service, activity or interest. For the purpose of this chapter, a sign shall not be considered to be building or structural design, but shall be restricted solely to graphics, symbols or written copy that is meant to be used in the aforementioned way. Signs as regulated in this chapter have been organized into a variety of types, such as commercial and noncommercial, which are regulated differently. "Temporary sign" means those signs intended and designed to be displayed for a limited period of time and associated with a particular event or short term activity.associated with a particular event or short‐term activity (such as construction of a building) which are intended to be removed when the event or activity ends. Temporary signs may be of either a commercial or noncommercial nature. (Ord. 63‐07 Exh. A (part), 2007). 17.15.050 Sight distance for signs. In addition to the setback requirements otherwise established, signs shall be located such that there is at every street intersection a clear view between heights of three feet and ten feet in a triangle formed by the corner and points on the curb thirty feet from the intersection or entryway. (Ord. 63‐07 Exh. A (part), 2007). 17.15.060 Prohibited commercial signs. The following commercial signs or displays are prohibited in all areas of the Allyn urban growth area: (1) Roof signs; (2) Animated or flashing signs, provided that changing message center signs may be allowed when the image and/or message remains fixed for at least five seconds and that the only animation or appearance of movement allowed is the transition from one message and/or image to another by the scrolling on and/or off of the message and/or image; (3) Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or which obstruct the visibility of traffic or street sign or signal device from the traffic intended to be served by the sign, signal or device; (4) Signs attached to utility poles; (5) Off‐premises signs and billboards, except for the temporary signs allowed in Sections 17.15.080 through 17.15.110, inclusive; (6) Pole‐mounted signs; (7) Ground‐mounted signs taller than ten feet in height; Page 54 of 57 (8) Signs employing exposed electrical conduits; (9) Signs with visible ballast boxes or other equipment; (10) Signs with luminous plastic letters; (11) Audible or odor‐producing signs; (12) Cardboard signs, except for the temporary signs allowed in ; (13) Banners, except those related to a specific community event and displayed prior to the event for no more than twenty‐one days and those used when a new business opens may be displayed no more than thirty days. (Ord. 63‐07 Exh. A (part), 2007). 17.15.070 Prohibited noncommercial Non‐commercial signs. Non‐commercial signs may be placed upon private property with owner’s consent.The following noncommercial signs or displays are prohibited in all areas of the county: (1) Animated or flashing signs, provided that changing message center signs may be allowed when the image and/or message remains fixed for at least five seconds and that the only animation or appearance of movement allowed is the transition from one message and/or image to another by the scrolling on and/or off of the message and/or image; (2) Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or which obstruct the visibility of traffic or street sign or signal device from the traffic intended to be served by the sign, signal or device. (Ord. 63‐07 Exh. A (part), 2007). 17.15.080 Temporary SignsReal estate signs. Temporary signs are those intended and designed to be displayed for a limited period of time and shall not be permanently attached or anchored to the ground, to a building, or any other structure. Temporary signs specified in 17.15.080(3), which are allowed in the right‐of‐way, are regulated pursuant to 17.03.202.C, 17.03.202.D., and state law.Real estate signs may be placed only upon private property with owner's consent. (1) Signs displayed on a property actively marketed for sale, lease, or rent. a. Permitted Location: On property for sale, lease, or rent. b. Duration: No longer than ten (10) days after the sale, lease, or rent of property has been finalized. c. Off‐Premise Signs: May be placed on private property with owner’s consent. (2) Signs displayed on a property holding a temporary event. a. Permitted Location: On the property with which the temporary event is associated. b. Duration: No longer than ten (10) days after the event. c. Off‐Premise Signs: May be placed on private property with owner’s consent. (3) Signs displayed during elections and campaigns. Page 55 of 57 a. Permitted Location: May be placed on private property with owner’s consent and in the public right‐of‐way as regulated pursuant to 17.03.202.C, 17.03.202.D, and state law. b. Duration: No longer than ten (10) days after the final campaign or election. (Ord. 63‐07 Exh. A (part), 2007). 17.15.090 Noncommercial signs. Noncommercial signs may be placed upon private property with owner's consent. Political signs are permitted on public right‐of‐ways as regulated by state law and local ordinance. (Ord. 63‐07 Exh. A (part), 2007). 17.15.100 Garage sale signs (also yard sales, moving sales, patio sales). Garage sale signs (also yard sales, moving sales, patio sales) may be placed only upon private property and with the owner's consent. (Ord. 63‐07 Exh. A (part), 2007). 17.15.110 Agricultural sales signs. Agricultural sales signs may be placed only upon private property and with the owner's consent. (Ord. 63‐07 Exh. A (part), 2007). 17.15.120 Permitted commercial monument sign standards. (a) Monument site entry signs may be located at major vehicular or pedestrian entries along the street front. (b) Vision Clearance. A triangular area at the intersection of two streets measured from the corner thirty feet in each direction and connected to form a triangle. No sign shall be located within a vision clearance area. (c) Only one monument sign is allowed per site. For large sites, more than one monument sign shall be permitted as long as such signs are placed no closer than one hundred fifty feet apart along the street front. (d) Monument signs size limits: (1) Single tenant signs shall be no more than eight feet in height and thirty‐two square feet in area per face (two sign faces are allowed). (2) Single tenant signs for retail uses larger than fifty thousand square feet in gross floor area shall be no more than ten feet in height and fifty square feet in area per face. (3) Multi‐tenant (more than three tenants) signs shall be no more than ten feet in height and forty square feet in area per face. (4) Multi‐tenant signs for commercial uses with more than fifty thousand square feet in gross floor area shall be no more than ten feet in height and fifty square feet in area per face. (5) Monument signs for multifamily developments shall be no more than five feet in height and twenty‐ eight square feet in total sign face area. Page 56 of 57 Figure 1. An example of a monument sign. (6) Signs shall be designed to integrate with adjacent site landscaping. (7) Monument signs shall be setback at least five feet from any public right‐of‐way. (8) The lettering and logos of monument signs may be internally‐lit or illuminated from the front. (9) A thirty‐foot lineal break in required tree coverage in landscaped front yard areas parallel to the street, where applicable, is permitted adjacent to monument signs to enhance visibility. Other landscape elements such as shrubs and ground cover will still apply. (Ord. 63‐07 Exh. A (part), 2007). 17.15.130 Permitted commercial building sign standards. (a) Building signs are those signs mounted directly on the face of a building and include signs to identify the building or facility or individual tenants or businesses. Building signs should be designed and located to fit with the building's architecture. For example, building signs might fit within a recessed panel or on a building element such as a fascia or canopy. Building signs should not cover over an architectural element such as a window or portion of a building's ornamentation or trim. (b) Building signs should fit parallel or perpendicular with the building facade. The supporting mechanisms or arms of new building signs should not be visible. Perpendicular signs should not extend more than four feet from the building facade. (c) The maximum surface area of building mounted signs for a given facade is twenty‐five square feet plus ten percent of the area of the building's main facade. The sign(s) may be located on any facade, but the signs on all facades count toward maximum surface area. (d) The lettering and logos of building signs may be internally‐lit but the background of the sign face shall not be internally illuminated. Building signs may be illuminated from the front. Page 57 of 57 Figure 2. Maximum size of building signs. (Ord. 63‐07 Exh. A (part), 2007). 17.15.140 Permitted commercial tenant sign standards. Miscellaneous tenant signs including those hung from building canopies (blade signs), temporary ground placed A‐board signs, and window signs are allowed provided they do not exceed twelve square feet and provided they are within ten feet of the individual or multiple tenant building entrance. (Ord. 63‐07 Exh. A (part), 2007). 17.15.150 Permitted commercial neon sign standards. Neon signs in windows are permitted. (Ord. 63‐07 Exh. A (part), 2007). 17.15.160 Severability This title shall be governed by the laws of the State of Washington. In the event that any portion or section of this title be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of the title shall not be affected and shall remain in full force and effect. 17.15.170 Enforcement County officials shall have the authority to remove signs when not placed in accordance with this section. Chapter 17.16 LANDSCAPING AND LIGHTING ATTACHMENT C Page 1 of 72 Chapter 17.20 – GENERAL PROVISIONS FOR THE BELFAIR UGA 17.20.010 Title. The ordinance codified under this title, Chapters 17.20 to 17.35, shall be known as the Belfair Zoning Code, which code adopts a zoning districting plan for the Belfair urban growth area (BUGA or Belfair UGA). (Ord. 133‐04 Att. B § 2 (part), 2004). 17.20.020 Authority. This code is enacted under the authority and police powers of Mason County and the Revised Code of Washington including, but not limited to, the requirements and authority of Chapter 36.70, Planning Enabling Act and Chapter 36.70A RCW, the Washington State Growth Management Act. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.20.030 Purpose and Applicability. (a) Purpose. These development regulations and design standards are intended to implement the vision and recommendations of the Belfair urban growth area plan. (b) Applicability. The development regulations and design standards apply to all properties within the Belfair urban growth area unless otherwise noted. They shall supplement other provisions of Mason County Code. Where a conflict exists, these development regulations and design standards shall apply as they are more specific. The development regulations and design standards are not intended to add unnecessarily to the cost of development. The design standards do not dictate any particular architectural style, and are intended to encourage quality development, and allow creativity by developers/designers. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.20.040 Interpretation. (a) In the case where the wording of the code is not explicit or where its application is in dispute, the director of the department of community development or his/her designee shall have the authority to interpret the meaning of the code upon receipt of a written request stipulating the exact nature of the dispute. Such decisions may be appealed to the planning commissionhearing examiner. (b) Private Agreements. The county has no authority to enforce private codes, covenants or restrictions either recorded by deed or other agreements except as their compliance may have been made a part of a project approval. (c) To clarify the interpretation of the regulations, the words "shall", "must", "is/are required", or "is/are prohibited" signify required actions. The words "should", "is/are recommended", or "is/are encouraged" signify recommended actions. Mason County, however, can make recommended actions requirements for a particular development, depending on site visibility, site environmental conditions, or other important characteristics. Also, the terms "where possible" or "when possible" are used numerous times within the design standards. The phrase means that an applicable standard or guideline must be followed unless there are physical features associated with a site that make conformance difficult or impossible while using normal development practices and construction techniques. Cost is not considered a "physical" feature. Page 2 of 72 (Ord. 133‐04 Att. B § 2 (part), 2004). 17.20.050 Relationship to the Mason County comprehensive plan and other sections of the MCC. (a) Comprehensive Plan. The Growth Management Act requires consistency between the comprehensive plan and development regulations such as zoning. As such, it is hereby stipulated that where a conflict exists between this section and the letter, intent or spirit of the comprehensive plan the latter shall apply. These zoning regulations are intended to implement the Growth Management Act goals, the county wide planning policies and the goals, policies and objectives adopted in the comprehensive plan for urban areas. This includes land use, building density and intensity, roadway functionality, utilities and infrastructure, open space, housing, protection of sensitive environmental areas and concurrency. (b) MCC. Where this section adopts by reference another section of the Mason County Code that section shall be applicable within the Belfair urban growth area. Where this section is silent on a subject or standard the applicable section of the MCC shall apply. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.20.060 Administrator. The director of the department of community development or his/her designee shall be the individual responsible for providing coordination of review and decision‐making, enforcement and the provision of information regarding the status of applications and issuance of development permits subject to this chapter. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.20.070 Definitions. The definitions used in the Belfair urban growth area are the same as established in the Mason County development regulations, except that the following definitions apply only within the Belfair UGA. "Adult entertainment" means an establishment consisting of, including, or having the characteristics of any or all of the following: (1) Adult bookstore or exotic retail establishment is an establishment having more than twenty‐five percent of its stock‐in‐trade merchandise that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities, anatomical genital areas, or erotic entertainment. The term "merchandise" as used above includes, but is not limited to the following: books, magazines, posters, cards, pictures, publications, tapes, discs, films, or other such medium; instruments, devices, equipment, paraphernalia, or other products. (2) Adult cabaret, arcade, or theater is: (A) An establishment devoted to erotic entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; (B) An erotic dance studio as regulated in MCC Chapter 5.19. "Articulation" means the giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern of rhythm, dividing large buildings into smaller identifiable pieces. "Balcony" means an outdoor space built as an above ground platform projecting from the wall of a building and enclosed by a parapet or railing. Page 3 of 72 "Bay window" means a window that protrudes from the main exterior wall at least one foot measured horizontally from the facade of the building. "Blank wall" means any wall or portion of a wall that has a surface area of four hundred square feet without a window, door, building modulation as defined below or other architectural feature, or any ground level wall surface or section of a wall over four feet in height at ground level that is longer than fifteen feet as measured horizontally without having a ground level window or door lying wholly or in part within that fifteen foot section. "Blank wall treatment" means the use of various techniques to mitigate the visual effect of a blank wall. Blank wall treatment requirements can be found in Chapter 17.30. "Building height" means the maximum building height, as measured from the average grade of the base of a building to the bottom of the roof eaves or the top of the cornice line. Church spires, bell towers, chimneys and other architectural features may exceed the applicable maximum building height by fifty percent and communications facilities by as much as permitted through approval of a special use permit. “Business Services” means establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; protective services; equipment rental and leasing; commercial research, development, and testing; photo finishing; and personal supply services. "Cornice" means a horizontal molding projecting along the top of a wall or building. "Courtyard" means a landscaped space enclosed on at least three sides by a single structure. "Deck" means a roofless outdoor space built as an above ground platform projecting from a wall of a building and connected to the ground by structural supports. "Duplex" means a single building that contains two dwelling units. "Erotic entertainment" means any exhibition, performance, dance of any type, or other performance where such entertainment involves a person appearing or performing (either live or recorded) who: (1) is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola, or (without regard to gender) any portion of the pubic region, anus, buttocks, or genitals; or (2) touches, caresses, or fondles the breasts, buttocks, anus, genitals or pubic region of themselves or a patron, or permits the touching, caressing, or fondling of their own breasts, buttocks, anus, genitals or pubic region by a patron, another employee or anyone else with the intent to sexually arouse or excite. "Facade" means the front of a building facing a street. It may also be referred to as the apparent width of the structure facing the street. "Fenestration" means the design, proportioning, and disposition of windows and other exterior openings of a building. "Foot‐candle" means a unit equivalent to the illumination produced by a source of one candle at a distance of one foot and equal to one lumen incident per square foot. "Foot‐lambert" means a unit of luminance equal to the luminance of a surface emitting a luminous flux of one lumen per square foot. "Gabled roof" means a triangular wall enclosed by the sloping ends of a ridged roof. "Hipped roof" means a roof with sloping ends and sides. "Light manufacturing" means manufacturing where there is no outdoor storage of raw materials or products, the manufacturing and assembly processes are entirely contained within closed structures, and there is no discernable noise, odor, vibration, glare, dust, or other sensory effect from the manufacturing processes. "Lot coverage" means the percent of a lot or parcel which is,. or will be covered by all structures located thereon. Coverage is determined by measuring areas covered by a weather tight roof. Page 4 of 72 "Lumen" means the unit of luminous flux equal to the luminous flux emitted in a unit solid angle by a point source of one candle intensity. "Lux" means a unit of illumination equivalent to nine hundred twenty‐nine thousandths foot‐candle and equal to the illumination produced by luminous flux of one lumen falling perpendicularly on a surface one meter square. "Modulation" means stepping back or projecting forward portions of the building face with specified intervals of building width and depth, as a means of breaking up the apparent bulk of the structure's continuous exterior walls and to some extent, helping to identify individual residential units. "Multi‐family dwelling units" includes any structure that contains more than three dwelling units. "Net developable acre" means the gross land area of property less critical lands, above‐ground stormwater facilities, and public or private road rights of way. "Pedestrian‐oriented facade" means ground floor facades facing a public street or pedestrian‐oriented space containing transparent window area or window displays along a minimum of fifty percent of their length and featuring no blank walls. "Pedestrian‐oriented space" means an area that provides pedestrian‐oriented amenities and landscaping to enhance the pedestrian use of the space for passive recreational activities such as: resting, reading, picnicking, and socializing. Requirements for pedestrian‐oriented space are contained in Chapter 17.25. "Recycling center" means a drop off station for recycling of household goods such as paper, plastic, cardboard, glass, and cans, but not intended to include permanent storage of recycled materials, processing of materials, or larger scale items such as appliances or construction debris. "Stepped roofs" means different levels of roofs that are created by stepping back all or a portion of the facade. "Townhouse" means a dwelling unit, typically two or more stories tall, that exists as part of a set of attached units, each having a unique publicly‐accessible entrance. "Triplex" means a single building that contains three dwelling units. "Weather protection" means architectural features such as an awning, marquee, or canopy that protects pedestrians from rain and sunlight. To qualify as weather protection, the feature must be at least eight feet above the walking surface and project at least six feet horizontally from the structure. "Yard setback" means the space extending the full width of the lot between a structure or building and the lot line or road easement boundary, whichever is closer. The setback is measured from the building to the closest point of the front lot line or road easement boundary, whichever is closer. A roof overhang, chimneys, copulas, bay windows, porch covers, and door landings are allowed to project a maximum of two feetd into a minimum setback. (Ord. 133‐04 Att. B § 2 (part), 2004). (Ord. No. 23‐19, Att. A, 3‐19‐2019) 17.20.080 Districts established. Zoning districts are established as follows: LTA Long Term Agricultural R‐4 Low Density Residential District R‐5 Medium Density Residential District R‐10 High Density Residential District Page 5 of 72 MU Mixed Use District MPMU Mixed Use Master Plan GC General Commercial District BI Business Industrial District PI Public Institutional (See Chapter 17.07) (Ord. 58‐08 (part), 2008: Ord. 46‐08 (part), 2008; Ord. 133‐04 Att. B § 2 (part), 2004). (Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.20.090 District boundaries—Map. (a) A parcel specific official zoning map, designating the boundaries of zoning districts and approved overlay districts and planned unit developments, shall be adopted by the county board of commissioners. Said map shall be kept on file with the department of community development. The zoning districts established by this title are also available as a series of GIS layers (“layers”) on the Mason County GIS (gis.masoncountywa.gov/mason). The public web‐based GIS is adopted as a part of this title insofar as it indicates such designations, locations and boundaries of zoning districts, and shall be deemed to be part of this title. (b) The official zoning map (“layers”) shall be amended as provided for in this code and in a manner consistent with the comprehensive plan and Title 15 of the MCC. (c) The map shall be at a scale that allows easy determination of the zoning district in which a subject property may lay. (d) Where a street, alley, pathway, railroad, or stream is located on the interface between districts; the boundary between districts shall be the centerline of said feature. (e) Boundary lines shall be interpreted as provided in the Mason County development regulations. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.20.100 Amendments. Amendments to this title or changes to the official zoning map shall be made as provided for in Title 15 of the MCC. (Ord. 133‐04 Att. B § 2 (part), 2004). Chapter 17.21 "LTA"—LONG TERM AGRICULTURAL DISTRICT 17.21.010 Purpose. The purpose of the LTA district is to support commercial agriculture and provide open space within the Belfair UGA. Locations are restricted to sites viable for commercial agricultural uses. This district allows for a base density of one dwelling unit per ten acres. However, density credits of up to three dwelling units per acre are permitted provided that this density shall only be used if transferred to lands outside the LTA district and within the Belfair UGA. (Ord. 133‐04 Att. B § 2 (part), 2004). Page 6 of 72 17.21.020 Allowed uses. Uses allowed in the LTA district shall be as follows: (1) Agricultural buildings; (2) Agricultural crops; orchards; (3) Aquaculture; (4) Bicycle paths, walking trails; (5) Dwellings, single‐family; (6) Forestry; (7) Greenhouses, private and non‐commercial; (8) Horticultural nurseries, wholesale and retail; (9) Kennels; (10) Livestock; (11) Public parks; (12) Stables. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.21.030 Accessory uses. The following uses are permitted only as they are ancillary to the primary allowed uses and may or may not require a special license or permit in addition to holding a building permits: (1) Home occupations; (2) Accessory structures; (3) Accessory dwelling units; (4) Family child care centers; (5) Group homes; (6) Outdoor vehicle parking; (7) Well heads and water treatment facilities; (8) Community drain fields; (9) Small‐scale retail associated with an allowed use. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.21.040 Special uses. (a) Bed and breakfast inns. (b) Other essential public facilities. (Ord. 133‐04 Att. B § 2 (part), 2004). Page 7 of 72 17.21.050 Prohibited uses. The following uses are prohibited: (1) Adult entertainment. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.21.060 Bulk and dimensional standards. Density: Maximum average of one dwelling unit per 10 acres excluding the area of designated wetlands, designated landslide hazard areas (note: building may be allowed in LHA), lakes, ponds, or marine waters. Exceptions: One dwelling unit per lot legally created prior to the adoption of this chapter. Density credits of up to three dwelling units per acre are permitted provided that this density shall only be used if transferred to lands outside the LTA designation and within the UGA. In the UGA, density transfer under the provisions of this Section may be used on the receiving property in order to allow additional dwelling units in residential zoning districts above that permitted by the residential density limit, provided that other code requirements are met. Height: The maximum height of structures in the district shall be as follows: Buildings containing the permitted use: 30 feet. Accessory structure: 20 feet. Setbacks: Front yard: 15 feet. Side yard: 5 feet for accessory structures and 10 feet for the dwelling unit. Street side yard: 15 feet. Rear yard: 5 feet for accessory structures and 10 feet for the dwelling unit. Street rear yard: 15 feet. (Ord. 133‐04 Att. B § 2 (part), 2004). Chapter 17.22 RESIDENTIAL DISTRICTS IN THE BELFAIR UGA 17.22.010 "R‐4" Low density residential district—Purpose. The purpose of the R‐4 district is to provide a lower density housing option in the UGA. Locations are restricted to sites containing critical areas and slopes as development is expected to be clustered into the more suitable building areas. Locations should also be away from development nodes and commercially zoned areas but with the intensity of development still relatively low, beyond a normal walking distance of one‐half to three‐ quarters of a mile. The district allows for a maximum density of four dwelling units per gross acre. Clustering of the dwelling units and properties is encouraged to protect open space and water quality, reduce infrastructure needs, and enhance energy efficiency. Multi‐family dwelling units are conditionally permitted as long as they do not exceed the density requirement and minimize impacts to adjacent single‐family dwelling units. (Ord. 58‐08 (part), 2008: Ord. 46‐08 (part), 2008; Ord. 133‐04 Att. B § 2 (part), 2004). Page 8 of 72 (Ord. No. 23‐19, Att. A, 3‐19‐2019) 17.22.020 Allowed uses. Uses allowed in the R‐4 district shall be as follows: (1) One detached dwelling per lot; (2) Duplexes; (3) Public parks; (4) Public utility service lines. (Ord. 58‐08 (part), 2008: Ord. 46‐08 (part), 2008; Ord. 133‐04 Att. B § 2 (part), 2004). 17.22.030 Accessory uses. The following uses are permitted only as they are ancillary to the primary allowed uses and may or may not require a special license or permit in addition to holding a building permits: (1) Home occupations; (2) Accessory structures; (3) Accessory dwelling units; (4) Family child care centers; (5) Group homes; (6) Outdoor vehicle parking; (7) Well heads and water treatment facilities; (8) Community drain fields. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.22.040 Special uses. (a) Churches. (b) Schools. (c) Commercial child care centers. (d) Bed and breakfast inns. (e) Multi‐family dwelling units. (f) Other essential public facilities. (g) Townhouses. (h) Triplexes. (i) Recreational vehicle/trailer parks. (j) Manufactured home parks. (Ord. 133‐04 Att. B § 2 (part), 2004). Page 9 of 72 (Ord. No. 23‐19, Att. A, 3‐19‐2019) 17.22.045 Prohibited uses. The following uses are prohibited: (1) Adult entertainment. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.22.050 Bulk and dimensional standards. Density: Maximum average of four dwelling units per gross acre and a minimum density of three units per net developable acre. Intensity: 35% lot coverage on individual lots. Minimum Lot Area: None. Development must not exceed density and lot coverage requirements above. Lot Dimensions: All lots shall have a minimum width of 25 feet. Height: The maximum height of structures in the district shall be as follows: Buildings containing the permitted use: 30 feet. Accessory structure: 20 feet. Setbacks: A roof overhang, chimneys, copulas, bay windows, porch covers, and door landings are allowed to project a maximum of two feet into a minimum setback. Front yard: 15 feet. Side yard: 5 feet for accessory structures and 5 feet for the dwelling unit. Side yard setback reduction may be granted with review and approval of a building administrative variance, but in no case shall the setback be less than the minimum required by building or fire codes. Street side yard: 10 feet. Rear yard: 5 feet for accessory structures and 10 feet for the dwelling unit. Street rear yard: 15 feet. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. 46‐08 (part), 2008; Ord. 58‐08 (part), 2008; Ord. No. 23‐19, Att. A, 3‐19‐ 2019; Ord. No. 2020‐35, Att. A, 5‐5‐2020; Ord. No. 2022‐006, Att. C, 1‐18‐2022) 17.22.060 "R‐5" Medium density residential district—Purpose. The purpose of the R‐5 district is to provide a medium density housing option within the Belfair urban growth area. Locations are restricted to sites not significantly impacted by critical areas and slopes. Locations should generally be away from development nodes and commercially zoned areas, beyond a normal walking distance of one‐half to three‐quarters of a mile. The district allows for a maximum density of five dwelling units per gross acre. Clustering of the dwelling units and properties is encouraged to protect open space and water quality, reduce infrastructure needs, and enhance energy efficiency. Multi family dwelling units are permitted as long as they do not exceed the density requirement and minimize impacts to adjacent single family dwelling units. (Ord. 133‐04 Att. B § 2 (part), 2004). (Ord. No. 23‐19, Att. A, 3‐19‐2019) Page 10 of 72 17.22.070 Allowed uses. Uses allowed in the R‐5 district shall be as follows: (1) One detached dwelling per lot; (2) Duplexes; (3) Multi‐family dwelling units; (4) Public parks; (5) Public utility service lines; (6) Townhouses; (7) Triplexes. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.22.080 Accessory uses. The following uses are permitted only as they are ancillary to the primary allowed uses and may or may not require a special license or permit in addition to holding a building permits: (1) Home occupations; (2) Accessory dwelling units; (3) Club houses; (4) Recreation areas; (5) Family child care centers; (6) Group homes; (7) Outdoor vehicle parking; (8) Well heads and water treatment facilities; (9) Community drain fields. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.22.090 Special uses. (a) Churches. (b) Schools. (c) Commercial child care centers. (d) Bed and breakfast inns. (e) Other essential public facilities. (f) Hotels. provided the following siting and design conditions are met: (1) Site is identified as a "hotel overlay" on the official zoning map for the Belfair UGA. (g) Recreational vehicle/trailer parks. Page 11 of 72 (h) Manufactured home parks. (Ord. 133‐04 Att. B § 2 (part), 2004). (Ord. No. 23‐19, Att. A, 3‐19‐2019) 17.22.095 Prohibited uses. The following uses are prohibited: (1) Adult entertainment. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.22.100 Bulk and dimensional standards. Density: Maximum average of 5 dwelling units per gross acre, and a minimum density of four units per net developable acre. Intensity: 40% lot coverage. Minimum Lot Area: None. Development must not exceed density and lot coverage requirements above. Lot Dimensions: All lots shall have a minimum width of 25 feet. Height: The maximum height of structures in the district shall be as follows: Buildings containing the permitted use: 35 feet, or as reviewed by special use permit. Accessory structure: 20 feet. Setbacks: A roof overhang, chimneys, copulas, bay windows, porch covers, and door landings are allowed to project a maximum of two feet into a minimum setback. Front yard: 10 feet. Side yard: 5 feet for accessory structures and 5 feet for the dwelling unit. Side yard setback reduction may be granted with review and approval of a building administrative variance, but in no case shall the setback be less than the minimum required by building or fire codes. Street side yard: 10 feet. Rear yard: 5 feet for accessory structures and 10 feet for the dwelling unit. Street rear yard: 10 feet. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 23‐19, Att. A, 3‐19‐2019; Ord. No. 52‐19, att. A, 6‐4‐2019; Ord. No. 2020‐35, Att. A, 5‐5‐2020; Ord. No. 2022‐006, Atts. A, C, 1‐18‐2022) 17.22.110 "R‐10" Multi‐family residential district—Purpose. The purpose of the R‐10 district is to provide a high‐density residential‐area housing option within the Belfair urban growth area. Locations should be within or adjacent to development nodes and commercially zoned areas within a normal walking distance of one‐half to three‐quarters of a mile. Locations generally are areas not significantly impacted by critical areas and slopes. The district allows for a density of ten dwelling units per gross acre, and a minimum density of ten dwelling units per net developable acre. Clustering of the dwelling units and properties is encouraged to protect open space and water quality, reduce infrastructure needs, and enhance energy efficiency. Design standards are important to minimize environmental and visual impacts of developments and provide amenities for residents. Protection of creeks and wetlands is critical—these features should be preserved and integrated into the development as an asset and amenity for residents. Open space and play areas Page 12 of 72 will be important, particularly for young families. Pedestrian access—between developments and to provide access to parks, open space, commercial, and civic uses—is also very important. (Ord. 133‐04 Att. B § 2 (part), 2004). (Ord. No. 23‐19, Att. A, 3‐19‐2019) 17.22.120 Allowed uses. Uses allowed in the R‐10 district shall be as follows: (1) Detached dwellings; (2) Duplexes; (3) Multi‐family dwelling units; (4) Public parks; (5) Public utility service lines; (6) Townhouses; (7) Triplexes. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.22.130 Accessory uses. The following uses are permitted only as they are ancillary to the primary allowed uses and may or may not require a special license or permit in addition to holding a building permits: (1) Home occupations; (2) Accessory dwelling units; (3) Club houses; (4) Recreation areas; (5) Family child care centers; (6) Group homes; (7) Outdoor vehicle parking; (8) Well heads and water treatment facilities; (9) Community drain fields. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.22.140 Special uses. (a) Churches. (b) Schools. (c) Bed and breakfast inns. (d) Commercial child care center. Page 13 of 72 (e) Other essential public facilities. (f) All uses permitted in the festival retailmixed use district (MUFR) provided the following conditions are met: (1) Site is identified as a "retail overlay" on the official zoning map for the Belfair UGA; (12) Applicant successfully demonstrates to the county that the general commercial (GC) zoned lands east of the Burlington Northern Railroad line are built‐out Development must comply with all bulk, dimensional, and design standards and guidelines of the festival retail district. (2) Development must comply with all bulk, dimensional, and design standards and guidelines of the mixed use district. (g) Recreational vehicle/trailer parks. (h) Manufactured home parks. (Ord. 133‐04 Att. B § 2 (part), 2004). (Ord. No. 23‐19, Att. A, 3‐19‐2019) 17.22.145 Prohibited uses. The following uses are prohibited: (1) Adult entertainment. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.22.150 Bulk and dimensional standards. Density: Maximum average of 10 dwelling units per gross acre, and a minimum density of ten units per net developable acre. Intensity: 50% lot coverage. Minimum Lot Area: None. Development must not exceed density and lot coverage requirements above. Lot Dimensions: All lots shall have a minimum width of 25 feet. Height: The maximum height of structures in the district shall be as follows: Buildings containing the permitted use: 45 feet, or as reviewed by special use permit. Accessory structure: 20 feet. Setbacks: A roof overhang, chimneys, copulas, bay windows, porch covers, and door landings are allowed to project a maximum of two feet into a minimum setback. Setbacks: Front yard: 10 feet. Side yard: 5 feet for accessory structures and 5 feet for the dwelling unit. Side yard reduction may be granted with review and approval of a building administrative variance, but in no case shall the setback be less than the minimum required by building or fire codes. Street side yard: 10 feet. Rear yard: 5 feet for accessory structures and 10 feet for the dwelling unit. Street rear yard: 10 feet. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 23‐19, Att. A, 3‐19‐2019; Ord. No. 52‐19, att. A, 6‐4‐2019; Ord. No. 2020‐35, Att. A, 5‐5‐2020; Ord. No. 2022‐006, Atts. A, C, 1‐18‐2022) Title 17 ‐ ZONING Chapter 17.23 MIXED USE DISTRICTS IN THE BELFAIR UGA Mason County, Washington, Code of Ordinances Page 14 of 72 17.22.160 Retail overlay area. Within the R‐10 district, areas may be identified as a "retail overlay area" on the official zoning map for the Belfair UGA. Mapping of such an area allows for commercial development similar to that allowed in the festival retail district. Development allowed in the retail overlay areas must meet the bulk and dimensional requirements, and design standards and guidelines of the festival retail district. Establishment of a retail overlay area requires that the Belfair UGA plan be amended after a public participation process to allow such retail uses or that the zoning map be amended after the applicant successfully demonstrates to the county that the general commercial (GC) zoned lands east of the Burlington Northern Railroad line are built‐out. (Ord. 133‐04 Att. B § 2 (part), 2004). Chapter 17.23 MIXED USE DISTRICTS IN THE BELFAIR UGA 17.23.010 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.010 which pertained to the purpose of the "FR" festival retail district and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004; Ord. No. 62‐09, Att. A, adopted July 7, 2009; and Ord. No. 124‐19, Att. A, adopted Dec. 17, 2019. 17.23.020 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.020 which pertained to allowed uses and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004; and Ord. No. 124‐19, Att. A, adopted Dec. 17, 2019. 17.23.030 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.030 which pertained to accessory uses and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004; and Ord. No. 62‐09, Att. A, adopted July 7, 2009 17.23.040 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.040 which pertained to special uses and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004; and Ord. No. 23‐19, Att. A, adopted March 19, 2019. 17.23.045 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.045 which pertained to prohibited uses and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004. Page 15 of 72 17.23.050 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.050 which pertained to bulk and dimensional standards and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004. 17.23.060 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.060 which pertained to site design standards and guidelines and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004. 17.23.070 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.070 which pertained to pedestrian and vehicular access standards and guidelines and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004. 17.23.080 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.080 which pertained to building design standards and guidelines and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004. 17.23.090 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.090 which pertained to landscaping design standards and guidelines and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004. 17.23.100 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.100 which pertained to non‐conforming uses and structures and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004. 17.23.110 Reserved. Editor's note(s)—Ord. No. 2022‐014, Exh. B‐2, adopted February 28, 2022, repealed § 17.23.110 which pertained to applicability and derived from Ord. 133‐04, Att. B § 2 (part), adopted 2004. 17.23.120 "MU" Mixed use district—Purpose. The primary purpose of this district is to provide for a mix of uses along the SR‐3 corridor and at the future crossroads of Romance Hill Road and the planned alternative north/south access road. Permitted uses include commercial, office, and residential uses. By allowing a broad array of uses, property owners have more choice in how the land can be developed. Design standards allow developments to front on the street as long as they provide pedestrian‐oriented facades—otherwise, developments must provide a landscaping buffer along the street front to enhance the character of the area. Design standards also encourage pedestrian and vehicular connectivity between properties. Building heights up three to five stories are permitted, with lower building heights west of SR‐3. Otherwise, no specific density limits are provided (as they will be limited by parking requirements, natural site constraints, and market constraints). (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) Page 16 of 72 17.23.130 Allowed uses. Uses allowed in the MU district shall be as follows: (1) Alcoholic beverage sales: package stores and wine shops; (2) Antique shops; (3) Appliance and communication equipment repair shop and/or sales; (4) Art galleries and artist studios; (5) Art and craft supplies, retail; (6) Bakeries, with on‐site sales; (7) Banks and financial institutions; Bars and taverns, other than those associated with full menu food service; (8) Barber and beauty shops; Bicycle shops; (9) Bars and taverns, other than those associated with full menu food service; Book stores; (10) Bicycle shops; Banks and financial institutions; (11) Book stores; Barber and beauty shops; (12) Building material sales; (13) Churches; (14) Commercial child care centers; (15) Community centers; (16) Clinics, including veterinary; (17) Clothing sales and rentals and shoe stores; (18) Delicatessens; (19) Detached dwelling per lot (one); (20) Dry cleaners and laundries, not including laundromats; (201) Duplexes; (212) Fabric and yard goods stores; (223) Florists; (234) Food specialty shops, including: baked goods, meats, health foods, candies; (245) Funeral parlors, cremation and mortuary services; (256) Furniture stores; (267) Grocery stores; (278) Gyms, fitness and aerobic studios; (289) Hotels/motels; (2930) Household specialty shops, including: plumbing, lighting, heating/cooling; (301) Hardware stores; Page 17 of 72 (312) Hobby shops; (323) Jewelry stores; (334) Laundromats; (345) Light manufacturing of stone, clay, and glass products including: glass, pottery and china ceramic, stone cutting and engraving; (356) Light manufacturing of handcrafted products; (367) Light manufacturing of computers, office machines and equipment manufacturing; (378) Local utility system transmission lines and structures; (389) Locksmiths; (3940) Lumber and other building materials including pre‐assembled products; (4041) Medical offices; (412) Multi‐family dwelling units; (423) Museums, libraries, and educational facilities (other than public schools); (434) Music stores, recordings and instruments; (445) Outside storage and display; (456) Paint and glass shops; (467) Parks; (478) Pharmacies, dispensing; (489) Photographic studios; (4950) Printing, publishing and reproduction services; (501) Professional offices; (512) Public transportation: bus terminals, park and ride lots; (523) Radio and television broadcasting stations; (534) Recycling centers; (545) Rental and leasing services: vehicles, furniture and tools; (556) Research, development and testing services; (567) Restaurants, cafes and food stands; (578) Retail shops not otherwise named which are under ten thousand square feet; (589) Second hand stores and pawn shops; (5960) Service and repair shops for appliances, small equipment, and automobiles; (601) Sporting goods stores; (612) Stationary and office supply stores; (623) Theaters, live stage; (634) Theaters, motion picture; (645) Townhouses; Page 18 of 72 (656) Triplexes; (667) Vehicle parts stores; and (678) Wholesale trade uses. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 21‐13, Attach. A, 4‐16‐2013; Ord. No. 30‐13, Attach. A, 6‐4‐2013; Ord. No. 53‐16, Att. A, 8‐16‐2016) 17.23.140 Special uses. The following uses, subject to applicable licensing and development regulations, shall be allowed only with approval of a conditional use permit. Consideration shall be given to the purpose and development standards of the district including any adopted design standards or guidelines. (1) Utility buildings and structures except transmission lines and structures. (2) Commercial parking lots not associated with an on‐site use. (3) Live entertainment except between the hours of 12:00 AM and 7:00 AM. (4) Private transportation depot. (5) Schools. (6) Public sidewalk food and merchandise vendors including espresso and newsstands. (7) Private recreation facilities including game arcades, batting cages, shooting galleries and skating rinks. (8) Self‐storage facilities. (9) (20) Dry cleaners and laundries, not including laundromats (must not be located in a CARA).; (Ord. 133‐04 Att. B § 2 (part), 2004). (Ord. No. 23‐19, Att. A, 3‐19‐2019) 17.23.145 Prohibited uses. The following uses are prohibited: (a) Adult entertainment. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.23.150 Bulk and dimensional standards. Density: The maximum density shall be dictated by the applicable height limit, parking requirements, design guidelines, site constraints, and market conditions. Intensity: No requirements. Minimum Lot Area: None. Lot Dimensions: None. Height: The maximum height of structures in the district shall be 55 feet, or as reviewed by special use permit, with the following exception: The top of buildings or structures (including rooflines but excluding church spires, bell towers, and chimneys) on the Page 19 of 72 west side of SR‐3 shall not reach an elevation of more than 35 feet above the grade level of the roadway, within 150 feet of the SR‐3 right‐of‐way. Setbacks: See subsections 17.23.155(c), 17.23.165(b) and (c), and 17.31.020(7G) for required setbacks, otherwise no setbacks are required. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 52‐19, att. A, 6‐4‐2019; Ord. No. 2022‐006, Att. A, 1‐18‐2022) 17.23.155 Site design standards and guidelines. (a) Intent. (1) To upgrade the identity of downtown Belfair. (2) To enhance the streetscape by minimizing the amount of driveway and parking areas visible from the street in downtown. (b) For properties fronting Old Belfair Highway, NE Roy Boad Road and The Old Beard'’s Place, and properties fronting streets along or within the central triangle area between Clifton Way, SR‐3, and Old Belfair Highway, provide pedestrian‐oriented street frontage. Specifically, no more than fifty percent of the linear street frontage for commercially developed properties shall be occupied by driveways and parking areas. In other words, at least fifty percent of the linear street frontage must either be: (1) Landscaping: at least twenty feet of width of Landscape Type B, see MCC 17.31.020(6); (2) Pedestrian oriented spaces (see definition): at least twenty feet in width; (3) Pedestrian‐oriented facades (see definition); (4) Any combination of the above. Exception: alternative proposals will be considered where the applicant can demonstrate to the county that such proposal can better meet the intent of the guidelines. (c) Set back buildings adjacent to SR‐3 sufficient to accommodate the planned roadway configuration, planting strip and sidewalk improvements per the Belfair urban growth area plan. (d) Through compliance with frontage standards and mid‐block crossings, new development shall create a network of primary and secondary pedestrian walkways in the central triangle area between Clifton Way, SR‐ 3, and Old Belfair Highway. (1) Intent. To improve the pedestrian environment downtown by making it easier, safer, and more comfortable to walk between businesses, to the street sidewalk, to transit stops, and through parking lots. (2) Create a network of primary and secondary pedestrian walkways in the central triangle area between Clifton Way, SR‐3, and Old Belfair Highway. These may be one direct route, a curvilinear route, or several indirect routes depending on development opportunities, developer creativity, and constraints on individual properties. Due to the size of the parcels in this area, it is recognized that such a pedestrian network will likely be developed incrementally over time as properties redevelop. However, these properties represent the focal point for downtown Belfair and the area is intended to become the focal point for social, cultural, and festival retail activities in the community as well. The pedestrian network should include at least one primary east‐west pedestrian route through the downtown area and contain at least one primary north‐south walkway connecting to SR‐3. Applicants must demonstrate how their proposal meets the guidelines below and provides for future extensions of the pedestrian network. Specific guidelines: Page 20 of 72 (A) Primary walkways in the network must be at least twelve feet in width. Other (secondary) walkways should be sized and designed per subsection 17.25.020(e). Exceptions: (i) The county may approve a six‐foot wide pathway width where it can be demonstrated that the primary walkway should follow an interior property line; (ii) Where the primary walkway follows an interior roadway, the county may allow reduced walkway widths to no less than eight feet. (3) At least thirty‐three percent of the combined frontage on both sides of the primary walkway should feature buildings with pedestrian‐oriented facades. Definition: Pedestrian‐oriented facades contain transparent window area or window displays along at least thirty‐three percent of the building's linear frontage. The primary building entries must be located along this facade. Weather protection, including awnings, canopies, marquees, or overhangs, at least six feet in width and ten foot in height clearance, must be provided along at least eighty percent of the building frontage, (A) Where the primary walkway is adjacent to driveways or parking lots, provide street trees on the applicable side at least thirty feet on‐center in planting strips (at least twenty square feet per tree) or within tree grates. (B) Provide pedestrian lighting (attached to buildings or placed on individual poles between twelve and fourteen feet in height) to achieve two foot‐candles on the primary walkway's surface. (C) Incorporate pedestrian amenities, including seating, landscaping, and public art, along primary walkways. Specifically, one linear foot of seating (at least sixteen inches deep) should be provided for every thirty square feet of corridor area. Seating may include benches, low seating walls, steps, or, if properly designed, a planter edge or edge of a fountain. (D) Untreated blank walls along primary walkways are prohibited. Page 21 of 72 Figure 2. Illustrating one way new development could meet the site design ond pedestrian ond vehicular access standards. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.23.160 Building design standards and guidelines. (a) Intent. (1) To encourage pedestrian activity downtown. (2) To make businesses inviting. (3) To add comfort and interest to the pedestrian experience along the street front. (b) Buildings fronting on Old Belfair Highway and NE Roy Boad Road must feature pedestrian‐oriented facades (see Figure 3). This includes: (1) Transparent window area or window displays along at least fifty percent of the building's linear frontage; (2) Primary building entries located along this façade; (3) Weather protection, including awnings, canopies, marquees, or overhangs, at least three feet in width, provided along at least seventy‐five percent of the building frontage. Awnings may extend to within four feet of the roadway curb, subject to Mason County building permit review. Page 22 of 72 (c) Streets along and within the central triangle area between Clifton Way, SR‐3, and Old Belfair Highway shall meet the provisions of (b)(2)and (b)(3). Figure 3. Illustrating standards for pedestrian‐oriented facades. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.23.165 Landscaping design standards and guidelines. (a) Intent. To mitigate the appearance of parking lots on the streetscape. (b) The minimum landscaped area between SR‐3 and a parking, service, or outdoor storage area shall be at least fifteen feet and include the following plantings (see Figure 5): (1) An average of one tree per twenty linear feet of required landscaped area; (2) An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (3) Ground cover per 17.31.020(4d)(5) standards. (c) The minimum landscaped area between all other public streets and a parking, service, or outdoor storage area shall be at least ten feet and include the following plantings: (1) An average of one tree per thirty linear feet of required landscaped area; (2) An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (3) Ground cover per 17.31.020(4d)(5) standards. (Ord. 133‐04 Att. B § 2 (part), 2004). Page 23 of 72 Figure 5. Illustrating standards for landscaping buffers between a street and parking lot. 17.23.170 Non‐conforming uses and structures. Legally established and continued non‐conforming uses and structures shall be allowed to remain subject to the provisions of the Mason County development regulations except that in the mixed‐use district the following allowances shall also apply to legally established structures and uses. (1) Non‐Conforming Structures. (A) A non‐conforming structure that is damaged or accidentally destroyed up to one hundred percent may be replaced subject to the obtaining of a special use permit wherein compliance where possible with the current design standards and guidelines shall be determined and required. (B) A non‐conforming structure may be enlarged, extended or structurally altered so long as any new construction does not increase the non‐conforming aspects of the structure. (2) Non‐Conforming Uses. (A) A nonconforming use may continue so long as the associated structure is not enlarged by more than twenty percent or the intensity of use of the property for commercial uses is not otherwise increased. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.23.180 Applicability. The provisions of this section and chapter shall apply to all new construction, applications for change of use and/or alterations to existing structures. (Ord. 133‐04 Att. B § 2 (part), 2004). Page 24 of 72 17.23.200 Master planned "MP‐MU" mixed use district—Purpose. The purpose of this district is to provide for large‐scale master planned developments. This district allows a mix of commercial and residential uses with a focus on business/industrial park development and multifamily housing. (Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.23.210 Allowed uses. The uses permitted in the following zones are permitted in the master planned mixed use district: (1) General commercial (2) Mixed use (Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.23.220 Special uses. The special uses in the following zones are considered special uses in the master planned mixed use district, unless otherwise permitted per 17.23.210: (1) General commercial (2) Mixed use (Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.23.230 Bulk and dimensional standards. Bulk and dimensional standards of the mixed use zone shall apply. (Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.23.240 Site design standards and guidelines. Proposals shall meet the UGA design standards found in Chapters 17.25 through 17.35. (Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.23.250 Building design standards and guidelines. Building design standards and guidelines of MCC Chapter 17.30 shall apply. (Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.23.260 Landscaping design standards and guidelines. (a) Landscaping standards and guidelines of Chapter 17.31 shall apply except where amended below. (b) Landscaping design standards and guidelines in MU‐MP shall include the following: Page 25 of 72 (1) Intent. (A) To mitigate the appearance of parking lots on the streetscape. (B) To enhance the appearance of the SR‐3 corridor. (2) The minimum landscaped area between SR‐3, north of the railroad, and a parking, service, or outdoor storage area shall be at least thirty feet and include the following plantings (see Figure 5); (A) An average of one tree per twenty linear feet of required landscaped area; (B) An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (C) Ground cover per 17.31.020(4d)(5) standards. (3) The minimum landscaped area between SR‐3, south of the railroad, and a parking, service, or outdoor storage area shall be at least fifteen feet and include the following plantings: (A) An average of one tree per thirty linear feet of required landscaped area; (B) An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (C) Ground cover per 17.31.020(4d)(5) standards. (4) The minimum landscaped area between all other streets and a parking, service, or outdoor storage area shall be at least ten feet and include the following plantings: (A) An average of one tree per thirty linear feet of required landscaped area; (B) An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (C) Ground cover per 17.31.020(4d)(5) standards. (c) The following substitute landscape buffers shall apply to create transitional landscape standards between higher intensity uses and lower intensity uses. Chapter 17.31 Table 3 applicable landscape types shall be applied except as follows: (1) Category 3, 4, aond 5 uses abutting Categories 1,2, and 3 uses (A) Twenty‐foot Type A (B) Thirty‐foot Type B (C) Forty‐foot Type C (2) Category 6 uses abutting Categories 1, 2, and 3 uses (A) Thirty‐foot Type A (B) Forty‐foot Type B (C) Fifty‐foot Type C (Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.23.280 Master plan. See MCC 17.70 Master development plans. (Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) Page 26 of 72 17.23.290 Non‐conforming uses and structures. Legally established and non‐conforming uses and structures shall be allowed to remain subject to the provisions of the Mason County development regulations. (Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.23.300 Applicability. The provisions of this section and chapter shall apply to all new construction, applications for change of use and/or alterations to existing structures. (Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) Chapter 17.24 COMMERCIAL AND INDUSTRIAL DISTRICTS IN THE BELFAIR UGA 17.24.010 "GC" General commercial district—Purpose. The primary purpose of this district is to provide areas that offer a wide range of consumer goods and services for Belfair UGA residents, regional residents, and the traveling public. It is further intended to group buildings and business establishments in a manner that creates convenient, attractive and safe development. Design standards promote safe vehicular and pedestrian access between properties. The district also provides standards intended to add visual interest in the developments. Landscaping standards are provided to add visual interest and mitigate the impacts of parking lots on the SR‐3 corridor, other streets, and the visual environment within the development. Building heights are limited to three stories. All business shall be conducted within enclosed buildings, except for approved outdoor storage, display, food vendors, and dining areas. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.24.020 Allowed uses. Uses with a total building size under fifty thousand square feet shall be allowed in the GC [general commercial] district as follows: (1) Alcoholic beverage sales: package stores and wine shops; (2) Antique shops; (3) Appliance and communication equipment repair shops and/or sales; (4) Art galleries and artist studios; (5) Art and craft supplies, retail; (6) Bakeries, with on site sales; (7) Banks and financial institutions; Bars and taverns other than those associated with full menu food service; (8) Barber and beauty shops; Bicycle shops; (9) Bars and taverns other than those associated with full menu food service; Book stores; (10) Banks and financial institutions; Bicycle shops; Page 27 of 72 (11) Book stores; Barber and beauty shops; (12) Building material sales; (13) Churches; (14) Clinics including veterinary; Commercial child care centers; (15) Clinics including veterinary; Clothing sales and rentals and shoe stores; (16) Clothing sales and rentals and shoe stores; Commercial child care centers; (17) Delicatessens; (18) Dry cleaners and laundries not including laundromats; (189) Fabric and yard goods stores; (1920) Florists; (201) Food specialty shops, including: baked goods, meats, health foods, candies; (212) Funeral parlors, cremation and mortuary services; (223) Furniture stores; (234) Grocery stores; (245) Gyms, fitness and aerobic studios; (256) Hardware stores; Hotels/motels; (267) Hobby shops; Household specialty shops, including: plumbing, lighting, heating/cooling; (278) Hardware stores; Hotels/motels; (289) Hobby shops; Household specialty shops, including: plumbing, lighting, heating/cooling; (2930) Jewelry stores; (301) Laundromats; (312) Light manufacturing of stone, clay, and glass products including: glass, pottery and china ceramic, stone cutting and engraving; (323) Light manufacturing of handcrafted products; (334) Light manufacturing of computers, office machines and equipment manufacturing; (345) Local utility system transmission lines and structures; (356) Locksmiths; (367) Lumber and other building materials including pre‐assembled products; (378) Medical offices; (389) Music stores, recordings and instruments; (3940) Outside storage and display; (401) Paint and glass shops; (412) Pharmacies, dispensing; (423) Photographic studios; (434) Printing, publishing and reproduction services; Page 28 of 72 (445) Professional offices; (456) Public transportation: bus terminals, park and ride lots; (467) Radio and television broadcasting stations; (478) Recycling centers; (489) Rental and leasing services: vehicles, furniture and tools; (4950) Research, development and testing services; (501) Restaurants, cafes and food stands; (512) Retail uses not otherwise named; (523) Second hand stores and pawn shops; Service and repair shops for appliances, small equipment and automobiles; (534) Second hand stores and pawn shops; Service and repair shops for appliances, small equipment and automobiles; (545) Sporting goods stores; (556) Stationary and office supply stores; (567) Theaters, live stage; (578) Theaters, motion picture; (589) Vehicle parts stores; and (5960) Wholesale trade uses. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 21‐13, Attach. A, 4‐16‐2013; Ord. No. 30‐13, Attach. A, 6‐4‐2013; Ord. No. 53‐16, Att. A, 8‐16‐2016) 17.24.030 Special uses. The following uses, subject to applicable licensing and development regulations, shall be allowed only with approval of a conditional special use permit. Consideration shall be given to the purpose and development standards of the district including any adopted design standards or guidelines. (1) Light manufacturing. (2) Utility buildings and structures except transmission lines and structures. (3) Commercial parking lots not associated with an on‐site use. (4) Private transportation depot. (5) Schools. (6) Public sidewalk food and merchandise vendors including espresso and newsstands. (7) Private recreation facilities including game arcades, batting cages, shooting galleries and skating rinks. (8) All uses permitted in the business‐industrial district provided the following conditions isare met: (A) Site is identified as a "general‐commercial—business‐industrial overlay" on the official zoning map for the Belfair UGA; (B) Development must comply with all bulk and dimensional and design standards and guidelines of Chapter 17.24, Business Industrial District. Page 29 of 72 (9) All uses listed as allowed, in Section 17.24.020, where the building exceed fifty thousand square feet. (10) Adult entertainment provided that the proposed property is at least three hundred feet from existing residences, schools and churches and at least three hundred feet from the nearest district allowing residential uses. (11) Dry cleaners and laundries not including laundromats (must not be located in a CARA). (Ord. 133‐04 Att. B § 2 (part), 2004). 17.24.040 Bulk and dimensional standards. Density: The maximum density shall be dictated by the applicable height limit, parking requirements, design guidelines, site constraints, and market conditions. Intensity: No requirements. Minimum Lot Area: None. Lot Dimensions: None. Height: The maximum height of structures in the district shall be 35 feet, or as reviewed by special use permit. Setbacks: Front Yard: 30 feet along SR‐3 east of the railroad. See subsections 17.24.045(c), 17.24.050(b), (c), and (d) and 17.31.020(g) for required setbacks, otherwise no setbacks are required. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 52‐19, att. A, 6‐4‐2019; Ord. No. 2022‐006, Att. A, 1‐18‐2022) 17.24.045 Site design standards and guidelines. (a) Intent. (1) To enhance the appearance of highly visible sites. (b) Enhance the appearance of street corners on SR‐3. Development of street corner properties should contribute to a sense of community and/or the demarcation of the area. Specifically, all development proposals for sites adjacent to public street intersections along the SR‐3 corridor should include at least one of the design treatments described below (See Figure 1). (1) Locate a building towards the street corner (within fifteen feet of corner property line). Building facades located here are encouraged to include a special architectural element, such as a raised roofline, towers, or an extended parapet, along the most visible views of the structure. (2) Provide a pedestrian walkway and/or plaza space at the corner leading directly to a building entry or shopping plaza space. May be appropriate in conjunction with an approved monument sign. (3) Install substantial landscaping (at least two hundred square feet of ground surface area with trees, shrubs, and or ground cover. May be appropriate in conjunction with an approved monument sign. (c) Setback buildings adjacent to SR‐3 sufficient to accommodate the planned roadway configuration, planting strip and sidewalk improvements per the Belfair urban growth area plan. Page 30 of 72 Figure 1. Street corner design options.1 (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 2022‐014, Exh. B‐2, 2‐28‐2022) 17.24.050 Landscaping design standards and guidelines. (a) Intent. (1) To mitigate the appearance of parking lots on the streetscape. (2) To enhance the appearance of the SR‐3 corridor. (b) The minimum landscaped area between SR‐3, north of the railroad, and a parking, service, or outdoor storage area shall be at least thirty feet and include the following plantings (see Figure 5): (1) An average of one tree per twenty linear feet of required landscaped area; (2) An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (3) Ground cover per 17.31.020(4d)(5) standards. (c) The minimum landscaped area between SR‐3, south of the railroad, and a parking, service, or outdoor storage area shall be at least fifteen feet and include the following plantings: (1) An average of one tree per thirty linear feet of required landscaped area; (2) An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (3) Ground cover per 17.31.020(4d)(5) standards. (d) The minimum landscaped area between all other streets and a parking, service, or outdoor storage area shall be at least ten feet and include the following plantings: (1) An average of one tree per thirty linear feet of required landscaped area; (2) An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet; (3) Ground cover per 17.31.020(4d)(5) standards. (Ord. 133‐04 Att. B § 2 (part), 2004). 1Moved from 17.23.060 Page 31 of 72 17.24.055 Non‐conforming uses and structures. Legally established and continued non‐conforming uses and structures shall be allowed to remain subject to the provisions of this chapter except that in the general commercial district the following allowances shall also apply to a legally established structures and uses. (1) Non‐Conforming Structures. (A) A non‐conforming structure that is damaged or accidentally destroyed up to one hundred percent may be replaced subject to the obtaining of a special use permit wherein compliance where possible with the current design standards and guidelines shall be determined and required. (B) A non‐conforming structure may be enlarged, extended or structurally altered so long as any new construction does not increase the non‐conforming aspects of the structure. (2) Non‐Conforming Uses. (A) A nonconforming use may continue so long as the associated structure is not enlarged by more than twenty percent or the intensity of use of the property for commercial uses is not otherwise increased. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.24.060 Applicability. The provision of this section and chapter shall apply to all new construction, applications for change of use and /or alterations to existing structures. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.24.070 "BI" Business industrial district—Purpose. The primary purpose of this district is to provide for the location and grouping of industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and heavy trucking. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by: (1) Allowing for a wide range of industrial and manufacturing uses; (2) Limiting retail uses to those necessary to directly support industrial activities; (3) Prohibiting residential uses. Maximum building heights in the district are three stories. Substantial landscaping buffers are required for those properties adjacent to SR‐3. Business‐industrial properties are exempted from most other site planning and building design guidelines to maximize flexibility for the uses. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.24.080 Allowed uses. Uses allowed in the BI district shall be as follows: (1) Automobile, appliance and equipment repair services; Page 32 of 72 (2) Dry cleaning plants; (23) Auto parts yards; Veterinary clinics; (34) Business service uses; Vocational schools; (45) Fuel depot; Institutional uses; (56) Business service uses; Impound yard; (67) Institutional uses; Truck dealers; (78) Auto parts yards; Manufacturing uses; (89) Manufacturing uses; Professional office uses; (910) Resource land uses; (101) Professional office uses; Towing services; (112) Truck dealers; Impound yard; (123) Towing services; and Veterinary clinics; (134) Vocational schools; Fuel depotand. (14) Warehouse, distribution. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 21‐13, Attach. A, 4‐16‐2013; Ord. No. 30‐13, Attach. A, 6‐4‐2013; Ord. No. 53‐16, Att. A, 8‐16‐2016) 17.24.090 Accessory uses. The following uses are permitted only as they are ancillary to the primary allowed uses and may or may not require a special license or permit in addition to holding a building permits: (1) Retail sales, not to exceed ten percent of the building's area. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.24.100 Special uses. The following uses, subject to applicable licensing and development regulations, shall be allowed only with approval of a conditional use permit. Consideration shall be given to the purpose and development standards of the district including any adopted design standards or guidelines. (1) (1) Adult entertainment provided that the proposed property is at least three hundred feet from existing residences, schools and churches and at least three hundred feet from the nearest district allowing residential uses. (2) Dry cleaning plants (must not be located in a CARA).; (2) (32) Self‐storage facilities. (Ord. 133‐04 Att. B § 2 (part), 2004). (Ord. No. 23‐19, Att. A, 3‐19‐2019) Page 33 of 72 17.24.110 Bulk and dimensional standards. Density: The maximum density shall be dictated by the applicable height limit, parking requirements, design guidelines, site constraints, and market conditions. Intensity: No requirements. Minimum Lot Area: None. Lot Dimensions: None. Height: The maximum height of structures in the district shall be 35 feet, or as reviewed by special use permit. Setbacks: Front Yard: 30 feet along SR‐3; 15 feet all other streets. See subsections 17.234.1255(cB) for applicable requirements along SR‐3. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 52‐19, att. A, 6‐4‐2019; Ord. No. 2022‐006, Att. A, 1‐18‐2022) 17.24.115 Landscaping design standards and guidelines. (a) Intent. To mitigate the appearance of business‐industrial uses along the SR‐3 corridor. (b) The minimum landscaped area between SR‐3 and a parking, service, or outdoor storage area or building shall be at least thirty feet where Type A Landscaping is used and sixty feet if Type B or C Landscaping is used [see subsection 17.31.020(7g) for standards]. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.24.120 Non‐conforming uses and structures. Legally established and continued non‐conforming uses and structures shall be allowed to remain subject to the provisions of this chapter except that in the business‐industrial district the following allowances shall also apply to a legally established structures and uses. (1) Non‐Conforming Structures. (A) A non‐conforming structure that is damaged or accidentally destroyed up to one hundred percent may be replaced subject to the obtaining of a special use permit wherein compliance where possible with the current design standards and guidelines shall be determined and required. (B) A non‐conforming structure may be enlarged, extended or structurally altered so long as any new construction does not increase the non‐conforming aspects of the structure. (2) Non‐Conforming Uses. (A) A nonconforming use may continue so long as the associated structure is not enlarged by more than twenty percent or the intensity of use of the property for commercial uses is not otherwise increased. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.24.125 Applicability. The provisions of this section and chapter shall apply to all new construction, applications for change of use and /or alterations to existing structures. Page 34 of 72 (Ord. 133‐04 Att. B § 2 (part), 2004). Chapter 17.25 PEDESTRIAN ACCESS AND AMENITIES 17.25.010 Purpose. The purpose of this section is to: (1) Improve the pedestrian environment by making it easier, safer and more comfortable to walk between businesses and properties, to the street sidewalk, to transit stops, and through parking lots; (2) Promote walking both as a social activity and an alternative to driving; (3) Develop an expansive trail system linking all land uses with parks, open space, and other trails. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.25.020 Standards. The following standards apply to all non‐single family residential development unless the standard notes otherwise. The Mason County director of community development may waive one or more of these standards where the applicant can demonstrate that such pedestrian access and/or amenities are not applicable or desirable due to the nature of the use (i.e., industrial or mini‐storage) and/or incompatibilities with adjacent properties. (1) Commercial and multi‐family developments where possible shall provide pedestrian access onto the site from the main street off of which the use is located. Where a use fronts two streets, access shall be provided from the road closest to the main entrance or, preferably, from both streets. (2) New developments shall provide sidewalk and planting strip improvements in conjunction with new development activity per the Belfair urban growth area plan standards. (3) New developments should be integrated with and expand upon the existing and planned Belfair UGA trail network. To implement this guideline, the county may require that the pedestrian walkway(s) of a development provide connections to an adjacent trail system, if there is one. Page 35 of 72 Figure 6. Proposed Belfair UGA trail network improvements. (4) New developments should include a circulation system that connects buildings, open spaces, parking areas, and the adjacent street sidewalk system. Commercial and multi‐family uses should provide a pedestrian connection to adjacent commercial and/or multifamily uses where desirable and possible to encourage multiple‐task trips, more efficient parking, and a high‐quality pedestrian ambience. Also, connections to transit uses and adjacent properties are particularly important and may be required by the county. Page 36 of 72 Figure 7. Developments should include a circulation system that connects buildings, open spaces, parking areas, and the adjacent street sidewalk system. (5) New developments shall provide for adequate interior walkway widths and surfaces. Specifically, applicants must demonstrate to the county how the proposed walkway system will be designed to handle projected usage as provided by the following guidelines: (A) The paving surface on all pedestrian paths should be appropriate to their use: (i) Concrete, brick or other decorative hard‐surfaced pavements for interior pedestrian walkways, building entries, or parking lot pathways, (ii) Seamless materials like asphalt for multi‐purpose pathways, (iii) Crushed gravel for nature trails, (iv) Wood for boardwalks, (B) The following design criteria for pedestrian paths should be applied: (i) Four foot wide walkways for low pedestrian volumes, (ii) Six foot wide walkways will allow two people to walk side‐by‐side and is suitable where moderate pedestrian activity is expected, Page 37 of 72 (iii) Twelve foot wide walkways will allow two groups of two people walking side‐byside to pass and are appropriate for the heavily used walkways and communitywide trails. (6) New developments shall provide pedestrian‐oriented spaces in all commercial, office, and mixed‐use developments. Specifically: (A) Developments with less than thirty thousand square feet of gross floor area of commercial, office, and mixed‐use buildings are encouraged to provide pedestrian‐oriented space at a ratio of one hundred square feet for every ten thousand square feet of gross floor area of building; (B) Developments with at least thirty thousand square feet of gross floor area of commercial, office, and mixed‐use buildings are required to provide pedestrian‐oriented space at a ratio of one hundred square feet for every ten thousand square feet of gross floor area of building. (7) To qualify as a "pedestrian‐oriented space, the following must be addressed: (A) Provide direct pedestrian access from the adjacent roadways; (B) Provide a walking surface with unit pavers or concrete with special texture, pattern, and/or decorative features; (C) Incorporate pedestrian amenities, including seating, landscaping, and public art; (D) Provide pedestrian lighting, preferably below fifteen feet in height; (8) A "pedestrian‐oriented space" may have and is encouraged to have the following features: (A) Active retail uses on the building façade(s) facing the space; (B) A location in areas with significant pedestrian traffic to provide interest and security—such as adjacent to a building entry; (C) Provision of weather protection features on building facades fronting the space; (D) Location, orientation, and/or mitigating structures designed with consideration of the sun and wind; (E) Additional pedestrian amenities, including but not limited to: public art, movable chairs and tables, and extra landscaping features. (9) A "pedestrian‐oriented space" shall not have: (A) Asphalt or gravel pavement; (B) Adjacent unscreened parking lots; (C) Adjacent chain link fences; (D) Adjacent "blank walls" without "blank wall treatment"; (E) Adjacent dumpsters or service areas. Page 38 of 72 Figure 8. An example of pedestrian‐oriented space. (10) New development shall provide pathways through parking lots. A specially marked or paved crosswalk must be provided through parking lots greater than one hundred fifty feet long (measured parallel to the street front) or more than two bays deep (approximately seventy‐five feet measured perpendicular from street front). Generally, walkways should be provided at least every one hundred fifty feet measured perpendicularly to the building face with a main entry. This distance should be considered somewhat flexible to account for the length of the parking lot and driveway locations. Additional design criteria: (A) Pathways should be curbed and raised at least six inches above the parking lot grade except where they cross driveways or aisles or where necessary to meet handicap requirements. Alternatively, the County may approve walkways delineated by a distinctive paving material or marking when adequate pedestrian safety is provided. (B) Pathways must be at least four feet wide, exclusive of parked car overhangs. Where necessary to ensure four feet of unobstructed walkway, wheel stops are required. (C) Where pathways cross parking areas, contrasting materials or markings such as white concrete in an asphalt area or visually obvious paint stripes are required to define pathways. (Ord. 133‐04 Att. B § 2 (part), 2004). Page 39 of 72 Figure 9. Illustrating standards for pathways through parking lots. Chapter 17.26 PRIVATE OPEN SPACE FOR MULTI‐FAMILY DEVELOPMENTS 17.26.010 Purpose. The purpose of this section is to provide inviting and well‐designed outdoor spaces for residents. 17.26.020 Standards. The following standards apply to all multi family residential development unless noted otherwise: (1) All multi‐family developments shall provide usable open space per the following: (A) Three hundred square feet per unit for ground based units such as townhomes, (B) Ten percent of the net developable area for all other multi‐family developments such apartment buildings, (C) For residential development within a mixed‐use building, provide a usable open space or spaces equal to or greater than ten percent the size of the applicable building's gross floor area. Calculations for gross floor area shall exclude area used for mechanical equipment, accessory parking, and outdoor decks and balconies. Onsite ground floor pedestrian oriented space may be used in the calculations for required usable open space; (2) Configure buildings to create usable open space by providing one or more of the following: (A) Landscaped courtyards, gardens, or commons usable by residents and visible from dwelling units to enhance security, (B) Individual outdoor spaces for all ground floor units. This is most appropriate for new townhouses or other ground‐related housing, (C) Balconies, well‐defined patios, terrace open spaces, and rooftop decks. Rooftop decks are the least preferred type of open space, Page 40 of 72 (D) Play areas for children, visible from dwelling units and located away from arterial streets, parking lots and on‐site drainage facilities; Note: Required landscape buffer areas shall not be considered usable open space. (3) Usable open spaces should be positioned in areas with significant pedestrian traffic to provide interest and security; (4) Integrate natural features into usable open space, when feasible; (5) Paths, seating, lighting and other pedestrian amenities should be utilized to make open spaces more functional and enjoyable; (6) Minimum required landscaped buffer areas shall not be included in calculations for the required usable open space. (Ord. 133‐04 Att. B § 2 (part), 2004). (Ord. No. 23‐19, Att. A, 3‐19‐2019) Figure 10. Examples of usable open space for multi family development. Chapter 17.27 INTERIOR VEHICULAR ACCESS IN THE BELFAIR UGA 17.27.010 Purpose. The purpose of this section is to: (1) Minimize negative impacts on the streetscape and pedestrian environment; (2) Encourage a safe and convenient network of vehicular circulation; (3) Create attractive vehicular routes that also accommodate pedestrian access and amenities; (4) Minimize negative impacts of parking lots on the streetscape and pedestrian environment; (5) Promote shared parking between compatible uses. (Ord. 133‐04 Att. B § 2 (part), 2004). Page 41 of 72 17.27.020 Standards. The following standards apply to all non‐single family residential development unless noted otherwise. The Mason County director of the department of community development may waive one or more of these standards where the applicant can demonstrate that such vehicular access standard(s) is not applicable or desirable due to the nature of the site or use (i.e., industrial or mini‐storage) and/or incompatibilities with adjacent properties (i.e., connections to an existing incompatible use on an adjacent property). (1) For properties adjacent to SR‐3 and other defined highways and arterial roadways, new driveways shall be no more than thirty feet wide and shall be defined by a curb, berm, or other pavement element. No more than one driveway per parcel or one driveway per three hundred feet on a single parcel shall be allowed onto or from SR‐3. Exceptions: (A) Traffic analysis demonstrates the need for more than one driveway; (B) On‐site circulation or access to truck loading facilities cannot be accommodated by only one driveway; (C) Wider driveways (up to forty feet) would be allowed if traffic volumes generated by the site require two exiting lanes (one left turn and one right turn lane) and/or if the site generates a high volume of large trucks that require a wider driveway; (D) Where an additional or wider driveway is required by the fire department for safe fire apparatus access. (2) For new commercial development projects, strive to create major driveways that serve more than one property and/or business. Cross‐access easements for adjoining properties may be required by the county, where necessary. (3) Consider the alignment with driveways on the opposite side of SR‐3 when determining driveway location for new and consolidated/shared driveways. Driveways across SR‐3 should align or be offset such that the left‐turning vehicles out of the driveways do not conflict. This may be required by the county. (4) Properties adjacent to SR‐3 and other defined highways and arterial roadways shall not locate their parking lots adjacent to street intersections unless the county finds that no other alternative is feasible to accommodate permitted development. (5) Developments shall provide automobile connections to adjacent properties, through the use of cross access easements, common entryways, shared internal roadways, and/or shared parking lots, and similar techniques where possible. Page 42 of 72 Figure 11. Example developments illustrating key vehicular access guidelines. (6) Commercial developers and retail property owners are encouraged to share parking lots between adjacent businesses. The construction of walls or other barriers that prohibit pedestrian access is prohibited unless the county determines that such barrier is necessary for safety or environmental reasons. (7) Where adjacent parking lots are not consolidated, joint pedestrian access shall be provided between developments. (Ord. 133‐04 Att. B § 2 (part), 2004). Chapter 17.28 OFF‐STREET PARKING IN THE BELFAIR UGA Page 43 of 72 17.28.010 Cooperative off‐street parking. Any two or more uses may establish cooperative off‐street parking, and where it can be presented to Mason County that the hours of traffic generation on the part of the two land uses appear at different times of the day, the off‐street parking provisions for each can be credited to the same off‐street parking areas provided cooperatively. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.28.020 Minimum off‐street parking requirements. (a) For purposes of defining off‐street parking, the floor area of each level of a building shall exclude areas devoted to storage, restrooms, corridors, hallways, entries, stairways, elevators, decks, equipment, utility rooms and kitchens not to be occupied by clientele, and other areas for utility purposes not connected with general conduct of business for which office or sales space is provided. (b) Off‐street parking areas shall contain the number of parking spaces stipulated in "Table 1 General Residential Parking Standards" and "Table 2 General Non‐Residential Parking Standards" below. A use which is similar to any of the below‐referenced uses shall adhere to the minimum parking requirements for the referenced use or uses. Mason County shall determine the minimum parking requirements for a use that is not referenced in this section. Table 1 General Residential Parking Standards. RESIDENTIAL USE MINIMUM SPACES REQUIRED MAXIMUM SPACES ALLOWED Dwelling units—single family: 2.0 per dwelling unit No maximum Dwelling units—multiple‐family: Studio units: 1.0 per dwelling unit 1.5 per dwelling unit One‐bedroom units: 1.5 per dwelling unit 2.0 per dwelling unit Two‐bedroom units: 2.0 per dwelling unit 2.5 per dwelling unit Three‐bedroom or more units: 2.0 per dwelling unit 3.0 per dwelling unit Retirement homes: 0.8 per dwelling unit 1.5 per dwelling unit Rest homes, nursing and convalescent homes: 0.3 per bed 1.0 per bed Congregate care facilities: 0.5 per dwelling unit 1.5 per dwelling unit Table 2 General Non‐Residential Parking Standards. NON‐RESIDENTIAL USE MINIMUM SPACES REQUIRED MAXIMUM SPACES ALLOWED Churches, synagogues and temples: 1.0 per 4 fixed seats plus 1.0 per 50 sq. ft. of gross floor area without fixed seats for assembly purposes. Day care facilities and pre‐schools: 2.0 plus 1.0 per employee 5.0 plus 1.0 per employee Financial institutions: 3.0 per 1,000 square feet 5.0 per 1,000 square feet Food stores and markets: 3.0 per 1,000 square feet 5.0 per 1,000 square feet Page 44 of 72 Governmental buildings, studios, professional and business offices: 3.0 per 1,000 square feet 5.0 per 1,000 square feet Hotels/motels: 1.0 per room plus 1.0 per employee on any given shift Medical offices: 3.0 per 1,000 square feet 5.0 per 1,000 square feet Manufacturing facilities: 1.0 per 1,000 square feet Personal services: Without fixed stations: 3.0 per 1,000 square feet 5.0 per 1,000 square feet With fixed stations: 1.5 per station 2.0 per station Restaurants and cafeterias: 8.0 per 1,000 square feet 15.0 per 1,000 square feet Retail sales and service stores: 3.0 per 1,000 square feet 5.0 per 1,000 square feet Service stations: 3.0 per facility plus 1.0 per service bay plus 3.0 per 1,000 sq. ft. for store Theaters: 1 per 4 fixed seats and/or 1 per 100 sq. ft. of gross floor area without fixed seats for assembly purposes Wholesale and warehouse uses: 1.0 per 1,000 square feet (c) An applicant may request a modification of the minimum or maximum required number of parking spaces by providing a study that substantiates parking demand can/should be met with a reduced/increased parking requirement. In such cases, Mason County may approve a reduction of up to fifty percent of the minimum required number of spaces or an increase of up to twenty‐five percent of the maximum required number of spaces. Said study shall be prepared by a qualified professional approved by Mason County. (d) When the county has received a shell building permit application, off‐street parking requirements shall be based on the possible tenant improvements or uses authorized by the zone designation and compatible with the limitation of the shell permit. In industrial developments, a minimum of twenty percent of gross floor area shall be assumed as office when calculating parking requirements. When the range of possible uses result in different parking requirements, Mason County will establish the amount of parking based on a likely range of uses. (e) In any non‐business‐ibndustrial development required to provide six or more parking spaces, bicycle parking shall be provided. Bicycle parking shall be bike rack or locker‐type parking facilities unless otherwise specified. (f) Off‐street parking areas shall contain at least one bicycle parking space for every twelve spaces required for motor vehicles except as follows: (1) Mason County may reduce bike rack parking facilities for patrons when it is demonstrated that bicycle activity will not occur at that location; (2) Mason County may require additional spaces when it is determined that the use or its location will generate a high volume of bicycle activity. Such a determination will include but not be limited to the following uses: (A) Park/playfield, (B) Marina, (C) Library/museum/arboretum, (D) Elementary/secondary school, (E) Sports club, or Page 45 of 72 (F) Retail business (especially when located along a developed or projected bicycle trail or designated bicycle route). (g) Bicycle facilities for patrons shall be located within one hundred feet of the building entrance and shall be designed to allow either a bicycle frame or wheels to be locked to a structure attached to the pavement. (h) All bicycle parking and storage shall be located in safe and visible areas that do not impede pedestrian or vehicle traffic flow and shall be well lit for nighttime use. (Ord. 133‐04 Att. B § 2 (part), 2004). Chapter 17.29 SERVICE AND STORAGE AREAS IN THE BELFAIR UGA 17.29.010 Purpose. The purpose of this section is to screen the negative impacts of service and storage areas on the pedestrian environment. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.29.020 Standards. The following standards apply to all development except for single family developments and developments in the business‐industrial district: (1) Service elements shall be located to minimize the impacts on the pedestrian environment and adjacent uses. Service elements should generally be concentrated and located where they are designed for easy access by service vehicles and for convenient access by tenants; Figure 12. Site service elements to minimize their impacts on the pedestrian environment. (2) Garbage, recycling collection and utility areas that are visible from a public street, park, or neighboring property shall be enclosed and screened around their perimeter by a wall or fence at least seven feet high and have self‐closing doors. If the area is adjacent to a public street or pedestrian alley, a landscaped planting strip, minimum three feet wide, shall be located on three sides of such facility; Page 46 of 72 Figure 13. Screen service elements. (3) Screen fences should be made of masonry, ornamental metal or wood, or some combination of the three. The use of chain link, plastic or wire fencing is prohibited; (4) Roof‐mounted mechanical equipment should be located so as not to be visible from the street, public open spaces, parking areas, or from the ground level of adjacent properties. Screening features should blend with the architectural character of the building; (5) Outdoor storage areas, when permitted, must be screened from the view of public streets, parking areas, pedestrian pathways, open space, and adjacent properties per the screen fence standards per above or by providing at least fifteen feet of Type A Landscaping per subsection 17.31.020(7g) around the perimeter of the storage area. (Ord. 133‐04 Att. B § 2 (part), 2004). Chapter 17.30 BUILDING DESIGN REQUIREMENTS IN THE BELFAIR UGA 17.30.010 Purpose. The purpose of this section is to: (1) Reduce the bulk and mass of large buildings. (2) Add visual interest to buildings. (3) Retain Belfair's small town character. (4) Encourage the utilization of design details and small‐scale elements in the design of buildings so that they are attractive at a pedestrian scale. (5) Achieve a human scale by including elements that provide visual clues to the size of the building and activity within. (6) Encourage pedestrian activity. (7) Encourage the use of high quality and durable building materials. (Ord. 133‐04 Att. B § 2 (part), 2004). Page 47 of 72 17.30.020 Standards. The following standards apply to all commercial and multi‐family development unless otherwise noted (developments in the B‐I zone are exempted). The Mason County planning director may waive one or more of these standards where the applicant can demonstrate that such building design standards are not applicable since the applicable building or buildings are screened from public view from the street or adjacent properties and such design features are not typically found on buildings proposed for the subject use (retail and multi family uses shall not be exempted in any case). (1) Multi‐story buildings shall include modulation and/or articulation features. Specifically, commercial buildings shall provide at least two of the modulation and articulation features listed below along the street front or primary façade at intervals of no more than fifty feet. Multi‐family buildings shall provide at least two of the modulation and articulation features below along the street front or primary façade at intervals of no more than forty feet. Modulation and/or articulation methods: (A) Providing building modulation of at least six feet in depth and six feet in width (required for multi family residential buildings); (B) Repeating distinctive window patterns at intervals less than the articulation interval; (C) Providing a porch, patio, deck, or covered entry for each articulation interval; (D) Providing a balcony or bay window for each articulation interval; (E) Changing the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval; (F) Changing materials and/or color with a change in building plane; (G) Providing lighting fixtures, trellis, tree, or other landscape features within each interval; (H) Using recessed building entries, plazas, courtyards, or seating and plantings areas; (I) Using alternative methods to shape a building such as angled or curved façade elements, offset planes, or terracing; (J) Using other methods as approved by the county as long as they meet the intent of the standards. Figure 14. An example of building articulation. (2) Buildings greater than one hundred feet in length along the street front and/or primary façade should provide an additional special design features (for example: a broken or articulated roofline, inset or gabled entry, dormer, chimney, stepped roof, gable, prominent cornice or fascia, clock tower, fountain, or pedestrian open space) to add visual interest. Page 48 of 72 (3) For commercial structures over forty thousand square feet in gross building footprint such as a grocery store, smaller uses and activities should be clustered near the entrance as shown on Figure 15. Alternatively, developments can provide at least six hundred square feet of pedestrian‐oriented space near the building entry. Figure 15. An example of clustering smaller uses near an entry of large commercial structures. (4) All buildings must employ at least two of the following elements or techniques toward achieving human scale. If a proposed building is over three stories in height, or more than one hundred feet wide as measured along any façade facing a street and visible from that street, the building shall use at least three of the following listed elements: (A) Balconies or decks in upper stories at least six feet deep and six feet wide. At least one balcony or deck per upper floor on the facades facing streets; (B) Bay windows that extend out from the building face at least one foot measured horizontally in upper stories, at least one per floor on the facades facing the street; (C) Individual windows in upper stories; (D) Multiple‐paned fenestration (windows with multiple panes); (E) At least one hundred fifty square feet of pedestrian‐oriented space; (F) Gable or hipped roof, providing that the hipped or gable roof covers at least one half of the building's footprint and has a slope greater or equal to three feet vertical in twelve feet horizontal; (G) A porch, covered entry, trellis, gateway feature, or similar element; (H) Upper story setbacks, providing one or more of the upper stories are set back from the face of the building at least six feet; (I) Any of the features noted in the "pedestrian‐oriented facades" definition; (J) Other, similar method approved by the county. All proposals for achieving human scale are subject to approval by the county. (5) All buildings facing a street, park, public walkway, or parking area must include at least three of the following design detail elements: (A) Sculptural, mosaic, or other architectural details; (B) Transparent window area or window displays along at least fifty percent of the length of the ground floor façade for retail; Page 49 of 72 (C) Pedestrian weather protection; (D) Decorative light fixtures; (E) Landscape trellises; (F) Decorative building materials incorporated into the building facade, including decorative masonry, shingles, brick, or stone; (G) Individualized patterns or continuous woods details such as fancy butt shingles in a geometric pattern, decorative moldings, brackets, wave trim or lattice work, ceramic tile, stone, glass block or similar materials; (H) Other materials with decorative or textural qualities as approved; (I) Gable or hipped roof, provided the hipped or gable roof covers at least one half of the building's footprint and has a slope greater or equal to six feet vertical in twelve feet horizontal; (J) Building articulation, with the upper story set back from the face of the building at least six feet or projecting out (forward) at least two feet; (K) Decorative artwork; (L) Other, similar element approved by the county. All proposals for achieving human scale are subject to approval by the county. Figure 16. An example development illustrating some of the desired design details. (6) All buildings must provide a covered entry (such as an overhang, awning, or canopy) on their primary facade. (7) Untreated blank walls visible from public streets, sidewalks, pedestrian areas, and parking areas are prohibited. Where unavoidable, blank wall treatment should be provided in one or more of the following ways: (A) Installing a vertical trellis in front of the wall with climbing vines or other plants; (B) Landscaping that covers fifty percent of wall area within three years of planting; (C) Special materials (e.g., decorative patterned masonry); (D) Display windows; (E) Artwork or other treatment approved by the county. Page 50 of 72 Figure 17. Blank wall treatments. (8) Durable and high‐quality exterior materials must be used on buildings visible from a public right‐of‐ way, pedestrian area, or parking lot. Highly reflective materials are not allowed. Materials should be typically used in the Northwest, including, but not limited to: (A) Bevel or lap siding; (B) Rock, stone, and brick material; (C) Architectural shake‐style or "asphalt" shingle roofing; (D) Metal roofs. (9) If sheet materials (for example: composite fiber products or metal siding) are used as a siding material over more than twenty‐five percent of a building's façade visible from a public right‐of‐way, pedestrian area, or parking lot, then material with a matted finish in a color must be used. The following must also be done: (A) Visible window and door trim painted or finished in a complementary color; (B) Corner and edge trim that covers exposed edges of the siding material. (10) All prefabricated metal buildings visible from a public right‐of‐way, pedestrian area, or parking lot shall include at least three of the following features: (A) Porch or recessed entry; (B) Overhanging eaves; (C) Visible trim at least four inches wide around all doors and windows in an accent color; (D) Other building elements such as a cupola, building wing, trellis, portico, etc.; (E) Picture windows or adjoining windows totaling at least thirty‐two square feet; (F) Canopy or other weather protection feature over an adjacent walkway; (G) Other feature that meets the intent of the standards and as approved by the county. (11) If concrete blocks (concrete masonry units or "cinder blocks") are used for walls that are visible from a public right‐of‐way, pedestrian area, or parking lot, use one or more of the following architectural treatments: (A) Textured blocks with surfaces such as split‐face or grooved; (B) Colored mortar; Page 51 of 72 (C) Other masonry types, such as brick, glass block, or tile, in conjunction with concrete blocks; (D) Other similar treatment acceptable to the county. (12) Do not use the following materials for walls that are visible from a public right‐of‐way, pedestrian area, or parking lot unless an exception is granted by Mason County: (A) Mirrored glass; (B) Corrugated fiberglass; (C) Chain‐link fences in front yards; (D) Synthetic materials with reflective surfaces, including galvanized steel and glossy vinyl siding. (Ord. 133‐04 Att. B § 2 (part), 2004). Chapter 17.31 LANDSCAPING IN THE BELFAIR UGA 17.31.010 Purpose. The purpose of this section is to: (1) Preserve and improve the aesthetic character of Belfair; (2) Enhance the esthetic quality of new construction; (3) Promote retention and protection of existing vegetation and to reduce the impact of development on drainage systems, water quality, and natural habitats; (4) Enhance the appearance of the SR‐3 corridor and other streets in Belfair; (5) Mitigate the negative impacts of parking lots on the streetscape; (6) Screen unsightly uses from view. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.31.020 Standards. The following standards apply to all commercial and multi family development unless otherwise noted. A landscape design plan is required. (1) Landscaping should be suitable and fitting with the character of Belfair as a growing community in a rural area. Because this is within an urban growth area with a variety of development types, landscaping—both naturalized and cultivated—will be important in establishing and unifying the community's character. Existing substantial vegetation and native materials in informal plantings and arrangements should be considered in the concept. Specific objectives include: (A) To provide visual screens and barriers as a transition between differing land uses; (B) To define plant species which are of low maintenance, resistant to drought and otherwise appropriate for conditions within the business district and which are safe for pedestrians; (C) To provide visual relief from large expanses of parking areas and integrate new construction into the natural environment; Page 52 of 72 (D) To provide physical separation between vehicular and pedestrian traffic; (E) To retain existing vegetation and significant trees by incorporating them into the site design; (F) To provide decorative landscaping as a focal setting for signs, special site elements and/ or pedestrian areas; (G) To provide increased areas of permeable surfaces to allow for infiltration of surface water into groundwater resources, reduce the quantity of stormwater discharge and improve the quality of stormwater discharge; (H) Maintaining a green corridor along SR‐3 except where buildings are encouraged to front directly onto the highway. (2) The landscape design plan shall address the following considerations: (A) A unified pedestrian circulation system with amenities and plantings; (B) A coordinated system of open spaces and/or planted areas that provide the required pedestrian areas and landscaping. The plan should indicate how the various spaces and plantings relate to the project's site design objectives of continuity, variety, activity, etc.; (C) Screening of service or unsightly areas; (D) Plantings and/or site features that enhance the building's architectural qualities; (E) Protection of existing significant trees and natural site amenities. (3) The design plan should consider the following landscape design objectives where appropriate: (A) Where feasible, coordinate the selection of plant material to provide a succession of blooms, seasonal color, and a variety of textures; (B) Provide a transition in landscaping design between adjacent sites, within a site, and from native vegetation areas in order to achieve greater continuity; (C) Design landscaping to create definition between public and private spaces; (D) Design landscaping to provide a transition between built structures (vertical planes) and the site (horizontal planes); (E) Use plantings to highlight significant site features and to define the function of the site, including parking, circulation, entries, and open space; (4) The design plan should use planting strips or areas as barriers and/or screens to separate land uses or specific activities and provide visual relief from large expanses of parking areas or buildings. Specifically: (A) Planting areas should be a mix of evergreen and deciduous shrubs whose height and width will be proportionate to the area being planted; (B) Trees, shrubs, ground covers, and/or grasses that are native to the Puget Sound basin and are appropriate to the conditions of the site are preferred; (C) Care must be taken not to visually block lines of sight for vehicles or pedestrians or obscure businesses with landscape material that will be too large at maturity for the site; (D) Plants should be arranged asymmetrically unless the landscape plan emphasizes a formal design concept or space is too restricted to allow a mix of plant materials; Page 53 of 72 (E) Ground cover material should cover seventy percent of the soil in one growing season or seventy percent of the soil in three years if mulch is applied until the ground cover fills the designated area. (5) The design plan should also consider: (A) Integration of the stormwater management features (such as biofiltration swales or surface water detention ponds) into the planting strip; (B) Incorporation of or protection of natural features, including wetlands, significant trees and vegetation, and slopes. (6) Landscaping types. The following list of landscaping types: (A) Landscape Type A. Figure 18. Landscape Type A. (B) Landscape Type B Page 54 of 72 Figure 19. Landscape Type B. (C) Landscape Type C Figure 20. Landscape Type C. (7) Landscape buffer requirements between uses shall be as noted in Table 1 below. Where substantial native vegetation exists in the required side and rear buffer areas, such vegetation shall be retained within the required buffer width to the extent possible. Where a limited amount of native vegetation Page 55 of 72 exists in the required buffer area, the county may require supplemental landscaping based on the required landscape types noted in Table 3 to complement the existing native vegetation. Table 3. Required buffers for side and rear yards. Landscape Types A, B, and C refer to the landscaping types referenced in subsection (4) above. Applicable Use (Buffer must occur within) Category 3* (includes multi family housing and group care facilities) Category 4* (includes lodging and small scale retail and office) Category 5* (includes retail and light industrial uses) Category 6* (includes heavy industry and related uses Use of Adjacent Property Category 1* (includes passive recreational uses and some agricultural uses 10' Type A 20' Type B or 25' Type C 10' Type A 15' Type B or 20' Type C 10' Type A 15' Type B or 20' Type C 10' Type A 15' Type B or 20' Type C Category 2* (includes most single family housing, public institutions and public parks 10' Type A 15' Type B or 20' Type C 10' Type A 15' Type B or 20' Type C 10' Type A 15' Type B or 20' Type C 15' Type A 20' Type B or 30' Type C Category 3* X 10' Type A 15' Type B or 20' Type C 10' Type A 15' Type B or 20' Type C 10' Type A 20' Type B or 30' Type C Category 4* X X 10' Type A 15' Type B or 20' Type C 10' Type A 20' Type B or 30' Type C Category 5* X X X 10' Type A 15' Type B or 20' Type C Category 6* X X X X *Land Use Categories are detailed in the Mason County Development Regulations, see MCC 17.03.034. (8) Provide internal parking lot landscaping (parking lots within the Business‐Industrial district are exempt unless visible from SR‐3). Specifically, all surface parking lots (excluding underground or structured parking areas) with more than fourteen stalls and within one hundred feet of the public right‐of‐way (excluding alleys) and not separated from that street by another building shall conform to the following standards: Page 56 of 72 Total Number of Parking Spaces Minimum Required Landscape Area* 15 to 50 15 square feet/parking space 51 to 99 25 square feet/parking space 100 or more 35 square feet/parking space * Landscaped area calculations can include landscaped areas between the parking lot and the street. (9) Provide shrubs and ground cover in the required interior parking lot landscape areas. (A) Plant shrubs at a density of five per one hundred square feet of landscape area. (B) Up to fifty percent of shrubs may be deciduous. (C) Select and plant ground cover so as to provide ninety percent coverage within three years of planting, provided that mulch is applied until plant coverage is complete. (10) Do not locate a parking stall more than fifty feet from a landscape area. Exceptions: (A) Mason County may exempt parking lots with less than one hundred parking spaces and not visible from or not within one hundred feet of a street or park from interior parking lot landscaping, but not necessarily from perimeter parking lot landscaping; (B) Mason County may allow alternative parking lot landscaping schemes where the applicant can successfully demonstrate that such schemes better meet the intent of the guidelines. (11) Provide at least one tree for every six parking spaces. The trees required for parking lot landscaping may not be considered as street trees. Exceptions: (A) Mason County may exempt parking lots with less than one hundred parking spaces and not visible from or not within one hundred feet of a street or park from interior parking lot landscaping, but not necessarily from perimeter parking lot landscaping; (B) Mason County may allow alternative parking lot landscaping schemes where the applicant can successfully demonstrate that such schemes better meet the intent of the guidelines. (12) Provide landscaping to screen parking lots from adjacent or neighboring properties. Specifically, screen parking lots with over fourteen stalls and within five feet of adjacent property lines with Landscape Type A or ten feet of Type B or C landscaping. Mason County may waive this requirement if parking is shared by the adjacent uses. (Ord. 133‐04 Att. B § 2 (part), 2004). (Ord. No. 23‐19, Att. A, 3‐19‐2019) Chapter 17.32 LIGHTING IN THE BELFAIR UGA 17.32.010 Purpose. The purpose of this section is to: Page 57 of 72 (1) Provide a suitable level of illumination for pedestrian walkways and building entries at night; (2) Minimize the possibility of illegal activities by providing suitable illumination at night; (3) Improve the confidence and safety of pedestrians walking throughout the downtown area at night. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.32.020 Technical definitions. "Foot‐candle" means a unit equivalent to the illumination produced by a source of one candle at a distance of one foot and equal to one lumen incident per square foot. "Foot‐lambert" means a unit of luminance equal to the luminance of a surface emitting a luminous flux of one lumen per square foot. "Lux" means unit of illumination equivalent to nine hundred twenty‐nine thousandths foot‐candle and equal to the illumination produced by luminous flux of one lumen falling perpendicularly on a surface one meter square. "Lumen" means the unit of luminous flux equal to the luminous flux emitted in a unit solid angle by a point source of one candle intensity. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.32.030 Standards. The following standards apply to all commercial and multi family development unless otherwise noted. For the illumination levels described below, conformance shall be determined with the measuring instrument located approximately five feet above the walking surface. Measurements shall be taken during the darkest portion of the night. Existing lighting fixtures, whether illuminated advertising signs, building‐mounted lights, or streetlights, may contribute to the measured levels stipulated. (1) Provide a minimum illumination level of two foot‐candles for all public pedestrian walkways. Building entries require four foot‐candles or greater. (2) Provide a minimum illumination of one foot‐candle throughout public and private parking areas. Parking lot light fixtures shall be of attractive and harmonious design for the area they serve and shall provide maximum illumination down while minimizing illumination up. They shall be high‐pressure sodium or as approved by the county. (3) Direct lighting downward to the intended area to be lighted. All exterior lighting fixtures should incorporate cutoff shields to prevent spillover into residential areas. Broadcast lighting fixtures that project lighting outward rather than downward are discouraged. Outdoor lighting should be arranged so that the light is directed away from adjoining properties. Temporary high intensity construction lights should be oriented so that the bulb itself is not visible from the nearest property line. (4) Limit freestanding light fixtures to sixteen feet in height. (5) Vehicular roadway and highway lighting shall be subject to the county requirements. (6) Do not use mercury vapor light fixtures. (7) When using decorative miniature lighting strings, do not use bulbs larger than eleven watts each. (8) Consider light from buildings as an attractive component of streetscape lighting. (Ord. 133‐04 Att. B § 2 (part), 2004). Title 17 ‐ ZONING Chapter 17.33 SAFETY IN THE BELFAIR UGA Mason County, Washington, Code of Ordinances Page 58 of 72 Chapter 17.33 SAFETY IN THE BELFAIR UGA 17.33.010 Purpose. The purpose of this section is to: (1) To reduce criminal activity by providing natural surveillance opportunities onto public and semi‐public spaces; (2) To ensure that a development's circulation system, parking areas, sidewalks, and open spaces contribute a perception of residential and controlled space where illegal activity will be observed and reported; (3) To encourage design measures that create a sense of individual territory and community responsibility by residents. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.33.020 Standards—Non‐single residential development. The following standards apply to all non‐single family residential development: (1) Entries and pedestrian walkways shall be emphasized with lighting and landscaping so that occupants and guests can clearly see them; (2) Well‐lit parking areas and walkways (at least two foot‐candles evenly distributed on the ground) which allow users to identify faces at a reasonable distance and choose an appropriate route shall be provided. Avoid dead‐ends or isolated places for pedestrian walkways. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.33.030 Standards—Multi‐family residential development. The following standards apply to all multi family residential development: (1) Multiple family residential development sites should be designed to assure that the following contribute to natural surveillance and provide for the personal safety for residents: (A) Orientation of a building, (B) Placement of windows and doors, (C) Alignment of sidewalks and paths, (D) Locations and levels of lighting, (E) Design and size of open spaces; Page 59 of 72 Figure 21. Design for safety by maximizing surveillance of common open spaces. (2) Buildings shall be arranged to allow visibility from dwelling units to open space areas, parking lots, and pedestrian walkways; (3) Entrances should be prominent and highly visible from other buildings and public areas; (A) Open spaces should be located in central areas to maximize resident's access the space and improve its visibility from surrounding dwelling units, (B) Windows, openings, and lighting should be included to provide visibility into common areas such as laundry rooms, mail kiosks, parking garages, exercise rooms, stair wells, and other parts of the site, (C) Windows on the street front façade should be provided, where possible, to provide views of the street for security, (D) Children's play areas must be centrally located, visible from dwelling units, and away from hazardous areas (garbage dumpsters, streets, parking areas, woods); (4) Attractive paved pedestrian walkways shall be provided, where applicable, for visible and convenient access between buildings, open space, public sidewalks, transit sites, and parking areas; (5) The visual and spatial transition between the living area of a residence and the street should be emphasized. This means providing a partial visual screen or space‐defining element between the interior residential space and the public sidewalk. Specifically: (A) Raise the ground level dwelling windows or provide landscaping as a transition, particularly where setbacks are minimal; (B) Avoid exterior access corridors next to dwelling windows on upper floors; (C) Provide appropriate screening and buffering to create a physical separation between pedestrians on the sidewalk and the windows of a residential unit. (Ord. 133‐04 Att. B § 2 (part), 2004). Title 17 ‐ ZONING Chapter 17.34 SIGNS IN THE BELFAIR UGA Mason County, Washington, Code of Ordinances Page 60 of 72 Chapter 17.34 SIGNS IN THE BELFAIR UGA 17.34.010 Signs in the Belfair UGA. This chapter shall also be known as the "Belfair Sign Code." (Ord. 133‐04 Att. B § 2 (part), 2004). 17.34.020 Intent of sign regulations. The intent of the sign regulations is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the number, size, design, quality of materials, construction, location, electrification and maintenance of all signs and sign structures; to preserve and improve the appearance of Belfair as a place in which to live and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business and for public information but to prevent excessive and confusing sign displays or signs that pose a hazard to the public. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.34.030 Application. This chapter applies only to signs within the Belfair urban growth area. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.34.040 Exemptions to the sign regulations. The following may be construed as signs, but are not intended to be regulated as signs in the development regulations: (1) The flag, emblem or insignia of a nation or other governmental unit or nonprofit organization subject to the guidelines concerning their use set forth by the government or organization which they represent; (2) Traffic or other municipal signs, signs required by law or emergency, railroad crossing signs, legal notices and signs erected by government agencies to implement public policy; (3) Signs of public utility companies indicating danger or which serve as an aid to public safety or which show the location of underground facilities or of public telephones; (4) Signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, which signs are designed and located to be viewed exclusively by patrons of such use or uses; (5) Decorations, clearly incidental and customary and commonly associated with any national, local or religious holiday, or traditional community event such as annual festivals or parades; (6) Sculptures, fountains, murals, mosaics and design features which do not incorporate advertising or identification. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 36‐18, 6‐5‐2018). Page 61 of 72 17.34.050 Definitions. The following definitions apply within this chapter: "Accessory building or use" means any building or use which: (1) Is subordinated to, and serves a principal building or principal use; (2) Is subordinate in area, extent or purpose to the principal building or principal use served; (3) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and (4) Is located on the same lot as the principal building or principal use served, with the single exception of such accessory off‐street parking facilities as are permitted to locate elsewhere than on the same lot with the building or use served. Accessory uses include signs which are related to and support an on‐site business or activity. "Agricultural sales sign" means a temporary sign used to announce and/or direct the public to a sale of locally grown agricultural products. "Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere. "Changing message center sign" means an electrically or electronically controlled sign where different automatic changing messages are shown on the same lamp blank. "Commercial sign" means, for the purposes of sign regulations, a sign intended to attract attention, identify, advertise, and/or promote: a business; goods sold, offered, traded, or manufactured; a service sold or offered; or professional, commercial or industrial gainful activity. "County" means Mason County, Washington. "Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the construction of a building and announce the character of the building or the purpose for which the building is intended. "Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. "Garage sale signs (yard sales, moving sales, patio sales)" mean temporary signs used to announce and/or direct the public to a sale of used items. "Off‐premises sign" means a sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. "On‐premises sign" means any communication device, structure or fixture that is intended to aid in identification and to advertise and/or promote a business, service, activity, interest or view at the location on which the sign is located. "Non‐commercial sign" means, for the purposes of sign regulations, a sign intended for a purpose other than to attract attention, identify, advertise, and/or promote: a business; goods sold, offered, traded, or manufactured; a service sold or offered; or professional, commercial, or industrial gainful activity. "Political sign" means a temporary sign advertising a candidate or candidates for public elective office, or a political party, or sign urging a particular vote on a public issue decided by ballot. "Real estate signs" mean any temporary sign pertaining to the sale, lease or rental of land or buildings. Page 62 of 72 "Roof sign" means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. "Sign" means any communication device, structure or fixture that is intended to aid an establishment in identification and to advertise and/or promote a business, service, activity or interest. For the purpose of this chapter, a sign shall not be considered to be building or structural design, but shall be restricted solely to graphics, symbols or written copy that is meant to be used in the aforementioned way. Signs as regulated in this chapter have been organized into a variety of types, such as commercial and non‐commercial, which are regulated differently. "Temporary sign" means those signs intended and designed to be displayed for a limited period of time and associated with a particular event or short term activity. Temporary signs may be of either a commercial or non‐ commercial nature. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 36‐18, 6‐5‐2018). 17.34.060 Sight distance for signs. In addition to the setback requirements otherwise established, signs shall be located such that there is at every street intersection a clear view between heights of three feet and ten feet in a triangle formed by the corner and points on the curb thirty feet from the intersection or entryway. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.34.070 Prohibited signs. The following signs or displays are prohibited in the Belfair Urban Growth Area: (1) Roof signs; (2) Animated or flashing signs, provided that changing message center signs may be allowed when the image and/or message remains fixed for at least five seconds and that the only animation or appearance of movement allowed is the transition from one message and/or image to another by the scrolling on and/or off of the message and/or image; (3) Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or which obstruct the visibility of traffic or street sign or signal device from the traffic intended to be served by the sign, signal or device; (4) Signs attached to utility poles; (5) Off‐premises signs, except for the temporary signs allowed in Sections 17.34.080; (6) Pole‐mounted signs; (7) Ground‐mounted signs taller than ten feet in height; (8) Signs employing exposed electrical conduits; (9) Signs with visible ballast boxes or other equipment; (10) Signs with luminous plastic letters; (11) Audible or odor‐producing signs; (12) Back‐lit translucent awnings; (13) Cardboard signs, except for the temporary signs allowed in Section 17.34.080; Page 63 of 72 (14) Back‐lit signs with letters or graphics on a plastic sheet (also known as can signs); (15) Vinyl banners, except those related to a specific event and displayed prior to the event for no more than ten days. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 36‐18, 6‐5‐2018). Figure 22. Can signs compared with permitted signs. 17.34.080 Temporary signs. Temporary signs are those intended and designed to be displayed for a limited period of time and shall not be permanently attached or anchored to the ground, to a building, or any other structure. Temporary signs specified in 17.34.080.C, which are allowed in the right‐of‐way, are regulated pursuant to 17.03.202.C, 17.03.202.D., and state law. A. Signs displayed on a property actively marketed for sale, lease, or rent. (1) Permitted Location: On property for sale, lease, or rent. (2) Duration: No longer than ten days after the sale, lease, or rent of property has been finalized. (3) Off‐Premise Signs: May be placed on private property with owner's consent. B. Signs displayed on a property holding a temporary event. (1) Permitted Location: On the property with which the temporary event is associated. (2) Duration: no longer than ten days after the event. (3) Off‐Premise Signs: May be placed on private property with owner's consent. Page 64 of 72 C. Signs displayed during elections and campaigns. (1) Permitted Location: May be placed on private property with owner's consent and in the public right of way as regulated pursuant to 17.03.202.C, 17.03.202.D., and state law. (2) Duration: no longer than ten days after the final campaign or election. (Ord. No. 36‐18, 6‐5‐2018) Editor's note(s)—Ord. No. 36‐18, adopted June 5, 2018, repealed the former § 17.34.080, and enacted a new § 17.34.080 as set out herein. The former § 17.34.080 prohibited non‐commercial signs and derived from Ord. 133‐04 Att. B § 2 (part), adopted 2004. 17.34.090 Non‐commercial signs. Non‐commercial signs may be placed upon private property with owner's consent. (Ord. No. 36‐18, 6‐5‐2018) Editor's note(s)—Ord. No. 36‐18, adopted June 5, 2018, repealed the former § 17.34.090, and enacted a new § 17.34.090 as set out herein. The former § 17.34.090 pertained to real estate signs and derived from Ord. 133‐04 Att. B § 2 (part), adopted 2004. 17.34.100 Design guidelines. The following guidelines apply to all signage for non‐single family residential development: (1) Signage must be of high‐quality design and materials; (2) Signage shall always complement a building's character and design (e.g., walls signs should avoid covering building columns); (3) Signs may be fabricated of mixed media, including metal reverse‐illuminated letters, suspended neon letters, illuminate individual letters, or signs etched or cut out of solid material, such as wood or brass, and illuminated from behind; (4) Keep signs as simple as possible, relying on symbols to avoid needless clutter and complexity; (5) Use landscaping in conjunction with monument signs to enhance the appearance; (6) Light colored lettering and logos on a dark background is highly recommended for readability, sense of quality and design continuity; (7) Non‐illuminated mixed‐media, and other special mixed‐media signs will be subject to approval by the county. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 36‐18, 6‐5‐2018). Editor's note(s)—Ord. No. 36‐18, adopted June 5, 2018, repealed § 17.34.100, which pertained to non‐commercial signs and derived from Ord. 133‐04 Att. B § 2 (part), adopted 2004; § 17.34.110, which pertained to garage sale signs (also yard sales, moving sales, patio sales) and derived from Ord. 133‐04 Att. B § 2 (part), adopted 2004; and § 17.34.120, which pertained to agricultural sale signs and derived from Ord. 133‐04 Att. B § 2 (part), adopted 2004. Said ordinance then renumbered §§ 17.34.130—17.34.180 as 17.34.100—17.34.150. Page 65 of 72 Figure 23. Appropriate sign location and size. 17.34.110 Permitted commercial monument sign standards. (a) Monument site entry signs may be located at major vehicular or pedestrian entries along the street front. (b) Only one monument sign is allowed per site. For large sites, more than one monument sign shall be permitted as long as such signs are placed no closer than one hundred fifty feet apart along the street front. (c) Monument signs size limits: (1) Single tenant signs shall be no more than eight feet in height and thirty‐two square feet in area per face (Two sign faces are allowed); (2) Single tenant signs for retail uses larger than fifty thousand square feet in gross floor area shall be no more than ten feet in height and fifty square feet in area per face; (3) Multi‐tenant (more than three tenants) signs shall be no more than ten feet in height and forty square feet in area per face; (4) Multi‐tenant signs for commercial uses with more than fifty thousand square feet in gross floor area shall be no more than ten feet in height and fifty square feet in area per face; (5) Monument signs for multi family developments shall be no more than five feet in height and twenty‐ eight square feet in total sign face area. Page 66 of 72 Figure 24. An example of a monument sign. (d) Signs shall be designed to integrate with adjacent site landscaping. (e) Monument signs shall be setback at least five feet from any public right‐of‐way. (f) Monument signs may be internally lit or illuminated from the front. (g) A thirty‐foot lineal break in required tree coverage in landscaped front yard areas parallel to the street, where applicable, is permitted adjacent to monument signs to enhance visibility. Other landscape elements such as shrubs and ground cover will still apply. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 36‐18, 6‐5‐2018). Editor's note(s)—See editor's note for § 17.34.100. 17.34.120 Permitted commercial building sign standards. (a) Building signs are those signs mounted directly on the face of a building and include signs to identify the building or facility or individual tenants or businesses. Building signs should be designed and located to fit with the buildings architecture. For example, building signs might fit within a recessed panel or on a building element such as a fascia or canopy. Building signs should not cover over an architectural element such as a window or portion of a buildings ornamentation or trim. (b) Buildings signs should fit parallel or perpendicular with the building façade. The supporting mechanisms or arms of new building signs should not be visible. Perpendicular signs should not extend more than four feet from the building façade. (c) The maximum surface area of building mounted signs for a given façade is twenty‐five square feet plus ten percent of the area of the building's main façade. The sign(s) may be located on any façade, but the signs on all façades count toward maximum surface area. (d) The lettering and logos of building signs may be internally‐lit but the background of the sign face shall not be internally illuminated. Building signs may be illuminated from the front. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 36‐18, 6‐5‐2018). Editor's note(s)—See editor's note for § 17.34.100. Page 67 of 72 Figure 25. Maximum size of building signs. 17.34.130 Permitted commercial tenant sign standards. Miscellaneous tenant signs including those hung from building canopies (blade signs), temporary ground placed A‐Board signs, and window signs are allowed provided they do not exceed twelve square feet and provided they are within ten feet of the individual or multiple tenant building entrance. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 36‐18, 6‐5‐2018). Editor's note(s)—See editor's note for § 17.34.100. 17.34.140 Permitted commercial neon sign standards. Neon signs in windows are permitted. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 36‐18, 6‐5‐2018). Editor's note(s)—See editor's note for § 17.34.100. 17.34.150 Non‐conforming commercial signs. (a) Signs which are legally established prior to the effective date of this chapter, December 28, 2004, may continue for a period of ten years, provided that, if a non‐conforming sign is changed or moved, it must be brought into conformance with this chapter at that time. Notwithstanding the previous sentence, sandwich boards or A‐frame boards, which are legally established prior to the effective date of this chapter, may continue for a period of ninety days, provided that after that time: (1) The sign shall be removed or brought in to conformance, and (2) Prior to any enforcement action, the county shall attempt to notify the property and/or business owner of the non‐conformity. (b) If this chapter is amended so as to create new non‐conforming signs from signs which were in conformance with this chapter, those signs may continue for a period of ten years from the date of the amendment that made them non‐conforming, provided that, if a non‐conforming sign is changed or moved, it must be brought into conformance with this chapter at that time. (c) Parcels affected by roadway construction identified in the Belfair subarea plan may be granted an extension of six months past project completion to bring non‐conforming signs into conformance. (Ord. 133‐04 Att. B § 2 (part), 2004; Ord. No. 36‐18, 6‐5‐2018). Page 68 of 72 Editor's note(s)—See editor's note for § 17.34.100. Figure 26. Example of a sandwich board or A‐frame board. 17.34.160 Severability. This title shall be governed by the laws of the State of Washington. In the event that any portion or section of this title be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of the title shall not be affected and shall remain in full force and effect. (Ord. No. 36‐18, 6‐5‐2018). 17.34.170 Enforcement. County officials shall have the authority to remove signs when not placed in accordance with this section. (Ord. No. 36‐18, 6‐5‐2018). Chapter 17.35 NEIGHBORHOOD DESIGN IN THE BELFAIR UGA 17.35.010 Purpose. The purpose of this section is to: (1) Enhance pedestrian and vehicular connectivity between residential areas and to surrounding uses and amenities; (2) Provide safe and attractive streets for residents; (3) Create cohesive neighborhoods designed around centralized park or open spaces; (4) Create walkable neighborhoods; (5) Create community open space amenities which lend identity to a neighborhood and are used by its residents in many ways; (6) Create a system of parks that are accessible and interconnected, providing a greater amenity to the community; Page 69 of 72 (7) Retain sensitive natural areas and other unique natural features as community open space. (Ord. 133‐04 Att. B § 2 (part), 2004). 17.35.020 Standards. The following standards apply to all residential subdivisions and development unless otherwise noted: (1) Reserved. (2) Single family and driveway design. The following standards apply to new developments with more than four lots; (A) Design driveways with minimum amounts of impervious surface and minimum presence on the street to retain green‐space and reduce surface water runoff. Driveways must meet the following standards: (i) Driveways and vehicle circulation pavements shall be the minimum size, necessary to accommodate vehicle storage and circulation. The county may require that pavement dimensions be modified to reduce impervious surface. Applicants are encouraged to use pervious materials, where feasible, such as split pavements with lawns or unit pavers in the center of the driveway, (B) Design homes that minimize the impact of garages on the street and enhance the sense of neighborhood. Specifically: (i) All homes should include a porch or covered entry facing the street, (ii) Garages visible from the street shall be setback at least five feet further than the front wall of the house facing the street; (3) Street Network. The following standards apply to new developments with more than four lots: (A) The street pattern for new residential development shall emphasize a connected network of streets rather than long irregular loops with dead‐ends and cul‐de‐sacs. Such a network will provide better traffic flows, orientation, and shorter trips through the neighborhood. Intersections should occur at no more than four hundred foot intervals; (B) The street pattern should be adjusted for existing topography and other natural features, while maintaining interconnections and function; (C) Streets should interconnect neighborhoods; (D) Allow for future connections where topography permits a street to be extended in the future; (E) Consider alleys in the design of a street system—which have proven useful in reducing on‐street parking pressure and pedestrian/driveway conflicts. Alleys are also the most appropriate location for utilities and other service facilities. Alleys also enhance the appearance of the street since garages will be located at the rear of homes; (4) Street Design. The following standards are consistent with the American Association of State Highway Transportation Officials (AASHTO) Green Book and apply to all public streets in residential areas with traffic volumes less than four thousand average daily traffic and speeds less than thirty mph: (A) Residential streets shall be designed per Table 4; Table 4 Page 70 of 72 Residential street design standards LOCAL NEIGHBORHOOD STREETS Classification Primary Collector Secondary or Sub‐Collector Access Street Characteristics Principal collector within residential areas. Conveys traffic from arterials to lower order streets. Collectors are often key streets for bicycle access. Conveys traffic from collectors to access streets. Carries very little or no through traffic. Usual Average Daily Traffic 1,000‐3,000 400‐1,000 0‐400 Lane Configuration At least two 12′ lanes and two 5′ shoulders. 8′ parking lanes and/or 5′ bicycle lanes are desireabledesirable. Two 11′ travel lanes (accommodating two lanes of traffic) and two 4′shoulders. 8′ parking lanes; or two 10′ travel lanes and one 8′ parking lane are desireabledesirable. Two 11′ travel lanes (accommodating two lanes of traffic) and two 2′ shoulders. 6′ or 7′ parking lanes or shoulders are desireabledesirable. May go to 10′ lanes. Curb to Curb Width 34′ 30′ 24′‐26′ Recommend R.O.W. Including Sidewalks on Both Sides 60′ 50′ 40′ Level Design Speed 30 mph 20 mph 20 mph Range of Desirable Centerline Curb Radius 300′‐500′ 150′‐300′ 100′‐150′ Sidewalks or Separated Paths 5′ sidewalk on at least side 5′ on at least one side 5′ on at least one side (B) The county may approve an alternative street design where the applicant can demonstrate that such alternative design achieves the following: (i) Enhances safety for pedestrians and vehicles, (ii) Provides durable construction but reduces environmental impacts (i.e., less impervious surface), (iii) Street design is appropriate for site given existing topography and vegetation, (iv) Street design is consistent with the purpose of this section and is sufficient to accommodate the projected traffic; (5) Sidewalks and Trails. The following standards apply to all new residential development with more than four lots unless otherwise noted: (A) New development should be integrated with, and expand Belfair's system of community‐wide trails (see Figure 6); (B) Sidewalks or pathways should be provided along public streets per Table 4 above; Page 71 of 72 (C) The paving surface on all pedestrian paths should be appropriate to their use: (i) Concrete for sidewalks, (ii) Seamless materials like asphalt for bike/skating trails, (iii) Crushed gravel for nature trails, (iv) The county will consider alternative materials where the applicant can demonstrate that the material is appropriate for the projected use, durable, and easily maintainable; (D) All multi‐lot developments over twenty acres should provide bicycle pathways or routes— especially if they connect with the planned community wide trail system; (6) Parks and Open Space. The following guidelines apply to all residential subdivisions with more than twenty‐five lots and all multi‐family development unless otherwise noted: (A) A variety of public recreation spaces shall be provided in residential subdivisions. The minimum recreation area required is 350 square feet per unit or lot. The recreation spaces should be evenly distributed where possible throughout the subdivision as follows: (i) Pocket parks or squares. These active recreation areas should be a minimum of five thousand square feed in size and should incorporate a children's play area, landscaping, and seating at a minimum. At least one side of the park perimeter shall front on a street to be visible and accessible from the street making them safer places. (ii) Passive recreation areas. Passive recreation areas such as pathways and trails, seating areas and viewing areas are encouraged. No more than fifty percent of the total recreation area can be passive recreation. (iv) The county will consider alternate means of providing parks and recreation as long as they meet the intent of the standards: a. Providing off‐site facilities for smaller developments, b. Contributing to county park and recreation funds, c. Setting aside land for future park development; Page 72 of 72 (A) The county may require retention of existing natural features such as high points, ponds, wetlands, or streams as community open space. Concentrate development on the land of least natural value. Preserve existing natural landmarks such as significant trees to the extent possible. Incorporate passive recreational features such as footpaths into natural areas, except where access conflicts with important habitat resources. (Ord. 133‐04 Att. B § 2 (part), 2004). (Ord. No. 23‐19, Att. A, 3‐19‐2019) Resource Ordinance December 20, 2021 Page 27 The effective date of the VSP legislation is July 22, 2011. This date identifies the baseline for protecting critical areas functions and maintaining agricultural viability that will be the comparison for determining the success of the Work Plan during implementation. (5)Benefits to Participation The VSP serves as an alternative to the regulatory approach of the GMA by allowing Counties to show protection of critical areas through voluntary stewardship measures. Participating in VSP contributes to its overall success, which means less regulatory burden on Mason County’s agriculture operators. At the County level, the VSP provides an opportunity to avoid application of critical area regulations to agricultural activities, while developing a locally‐ tailored approach to protection of critical areas on agricultural lands. At the individual level, participants receive technical assistance including leveraging existing voluntary incentive programs such as financial assistance and cost share programs, and the planning and implementation of conservation activities. VSP encourages the implementation of conservation activities that benefit agricultural viability. (6)Regulatory Backstop The VSP allows for counties to incorporate existing regulations that help achieve the Work Plan’s goals and benchmarks. These regulatory backstops are portions of this Chapter that will remain in full force and effect, and existing and future agricultural activities occurring in these critical areas will continue to be regulated under the County’s resource regulations. Under the approved Work Plan, Section 8.52.140 (Geologically Hazardous Areas), Section 8.52.150 (Seismic Hazard Areas), and Section 8.52.130 (Frequently Flooded Areas) will remain in effect for agricultural activities occurring in these critical areas. (Ord. 77-93 (part), 1993). 8.52.060 Long-Term Commercial Forest Lands The purpose of this Section is to maintain and enhance natural resource based industries, to encourage the conservation of commercial forest lands, to have no net loss of forest lands, and to discourage incompatible land use. (A)Classification. The following criteria, as they existed on January 31, 1992, shall be used in classifying Long‐Term Commercial Forest Lands: (1)Property tax classification: Property is enrolled, as of January 31, 1992 in the Open Space ‐ Timber or Designated Forest or Classified Forest property tax classification program pursuant to Chapter 84.33 or 84.34 RCW, or is owned by a state or local governmental body with long‐ term forest management as its primary use; and (2)Minimum block size is 5000 acres (2015 hectares) which shall consists of a minimum parcel size of 80 acres within said block, and which can be in multiple ownerships; and (3)In any one block, no more than 5% is used for non‐resource use; and ATTACHMENT D Resource Ordinance December 20, 2021 Page 28 (4) The property is greater than 2 miles (3220 meters) from the city limits of Shelton or outside any designated urban growth boundaries in Mason County, when so established by the County; and (5) 50% or more of an ownership parcel shall have a Douglas Fir Site Index of 118 (Land Grade 2) or better pursuant to WAC 458‐40‐530. In addition, those property owners who have more than 4000 acres of property within Mason County that meet that criterion, shall also include all properties with a Douglas Fir Site Index of 99 (Land Grade 3) or better pursuant to WAC 458‐40‐530; and (6) Greater than 50% of the linear frontage of the perimeter of any parcel meeting classification criteria 1 ‐ 6 above shall abut parcels that are greater than five (5) acres (2.15 hectares). (7) In addition, the property that is equal to or greater than 40 acres in size, or is a Government Lot; and is contiguous with property under the same ownership that meet classification criteria 1 ‐ 7 above. (8) In addition, property that is composed of one or more parcels 40 acres (16.12 hectares) or greater in size that borders United States Forest Service property on more than one side, irrespective of its consistency with classification criteria 1 ‐ 8 above. (B) Designation. Lands of Mason County meeting the classification criteria for Long‐Term Commercial Forest Land, and so specified on the official Mason County Map, available at the Mason County Planning Department, titled, "Mason County Long‐Term Commercial Forest Lands and In‐holding Lands, 1991" or as thereafter amended, are hereby designated, under RCW 36.70A.060 and RCW 36.70A.170, as conservation areas for forest resource lands of long‐term commercial significance. Exempted from this designation are the lands described in 8.52.070 Inholding Lands, in 8.52.070 A and B. (C) Land Uses. Uses and activities determined by the Director to have the potential to cause an impact on the purpose of the Long‐term Commercial Forest designated area, shall be considered an Unspecified Conditional Use, and is appealable to the Board of Commissioners. Unspecified uses and activities may not be incompatible with long‐term resource uses of surrounding properties. (1) Mason Environmental Permit Required Uses (a) "Class IV ‐ General Forest Practices" under the authority of the "1992 Washington State Forest Practices Act Rules and Regulations", WAC 222‐12‐030, or as thereafter amended; which involve conversion to a Permit Required Use. (b) Saw mills, shake and shingle mills, plywood mills and the production of green veneer, particle board plants and other products from wood residues, chippers, pole yards, log sorting and storage, buildings for debarking, drying kilns and equipment, accessory uses including but not limited to scaling and weighing stations, temporary crew quarters, storage and maintenance facilities, residue storage and disposal areas and other uses involved in the harvesting and commercial production of forest products. (c) Forestry, environmental and natural resource facilities. Resource Ordinance December 20, 2021 Page 29 (d) Public and semi‐public structures including but not limited to fire stations, utility substations, and energy transmission facilities equal to or greater than 235 KV. (e) All other accessory structures and uses that are customarily associated with and secondary to the primary permitted uses. (f) Publicly developed low intensity recreational facilities including but not limited to parks, campgrounds, and boat launches. (g) Other uses and activities determined by the Director to be potentially incompatible uses, and requiring a similar level of County review as other Permit required uses. (2) Mason Conditional Environmental Permit Required Uses (a) "Class IV ‐ General Forest Practices" under authority of the "1992 Washington State Forest Practices Act Rules and Regulations", WAC 222‐12‐030, or as thereafter amended; which involve conversion to a Conditional Use. (b) State correction work camps to supply labor for forest management related work projects and for forest fire control. (c) Aircraft landing fields. (d) Sludge application. (e) Unspecified Conditional Uses: Uses and activities not specifically Exempt, Permit Required, or Conditional, but are determined by the Director to have the potential to cause an impact on the intent of the Long‐term Commercial Forest designated area, shall be considered an Unspecified Conditional Use, and is appealable to the Board of Commissioners. Unspecified Conditional Uses may not be incompatible with the long‐ term resource use on surrounding properties. (D) Development Standards. (1) Lot Size/Density The minimum lot size for any new subdivision, short subdivision or large lot segregation of property shall be 80 acres. Exceptions to this minimum lot size may occur for non‐residential Permit Required and Conditional Uses and facilities; provided that the County finds that there will be no impact on surrounding resource uses and further provided that a restrictive covenant be placed on said property by the property owner, to be held by the County, prohibiting future residential use. Limitations on density and uses are designed to provide timber resource protection and to ensure compatible uses. (E) Preferential Right to Manage Resources and Resource Use Notices. (1) For land owners who have land designated as Long‐Term Commercial Forest, provisions of "Right to Forestry" provided under Section 17.01.040.C.58.52.040(C)(5) shall fully apply. (2) Resource Use Notices (a) For properties Designated Long‐Term Commercial Forest Land upon application of the property owner or owners pursuant to Section 17.01.1308.52.200 of this Chapter: Within two (2) weeks of redesignation to Long‐Term Commercial Forest Land, the property owner(s) of said land shall submit to the County, for recording with the Resource Ordinance December 20, 2021 Page 30 County Auditor, a written notice of the designation. This notice shall be in a form authorized by the Director and shall include: (i) The legal description of the property subject to the designation. (ii) The sixteenth (1/16) section or sections in which lie: a. the designated property; and b. any other property within 500 feet of the boundary of the designated property. (iii) The following statement: NOTIFICATION This notification is to inform property owners that the property described herein is designated as or within 500 feet of land designated for commercial forestry, mining, or agriculture. Mason County has established designated Long‐Term Commercial Forest Land that sets as a priority the use of these lands for commercial forest management, mining, and agriculture. Residents of this property may be subject to inconvenience or discomfort associated with the uses, including, but not limited to, occasional dust, noise, and odor from commercial thinning, clear cutting, slash burning, blowdowns, surface mining, and/or chemical applications. Residents of adjacent property within 500 feet of said lands, should be prepared to accept such inconvenience or discomfort from normal and necessary operations." The forest owner shall execute and acknowledge the notice, and pay the fee for recording the notice to the County. (b) For properties Designated Long‐Term Commercial Forest Land pursuant to Section 17.01.060.B8.52.060(B) of this Chapter: Within two (2) months of the effective date of this Chapter, the Director shall submit to the County Auditor for recording, a written notice of all County initiated and Designated Long‐Term Commercial Forest Lands. This notice shall be in a form similar to "a" above. The Director shall execute and acknowledge the notice, and no affected property owner shall be charged a fee for recording the notice. (c) For all properties within 500 feet of designated Long‐Term Commercial Forest Land: All new plats, short subdivisions, large lot subdivisions, and building permits issued by Mason County for development activities on any property designated as Long‐Term Commercial Forest Land, or within 500 feet thereof, shall contain a notice as specified in "(a)(iii)" above. (d) It shall be the responsibility of any property owner who contemplates placement of any structure requiring a building permit within 50 feet of any designated Long‐Term Commercial Forest Land property to notify the Forest Land owner of their intent to do so. Notice shall be made by written letter, sent by certified U.S. mail, with return receipt, to notify the owner of the adjacent Long‐Term Commercial Forest Land. Enclosed with the letter shall be a copy of the proposed plot plan showing approximate placement of said structure. Notice must be mailed before any construction begins. Resource Ordinance December 20, 2021 Page 31 A copy of the Certified notice shall be attached to the building permit application by the applicant and the County Building Director shall not issue the permit until at least 15 days, after the date of the mailing of the Certified notice, or upon affirmative response from the Long‐Term Commercial Forest owner. The requirement to notify shall in no way be a requirement upon the property owner to place any specific setback upon the proposed structure, but shall be a period of time to allow time for the Long‐Term Forest land owner to explain the possible benefits to the property owner as to a larger buffer between the proposed structure and the Long‐ Term Commercial Forest Lands. 8.52.061 Agricultural Resource Lands The purpose of this section is to maintain and enhance natural resource based industries, to encourage the conservation of commercial agricultural lands, and to discourage incompatible land use. (A) Classification. The following criteria shall be used in identifying lands appropriate for Agricultural Resource Lands: (1) The property has an existing commercial agricultural use (as of the date of designation) or where the property was used for agricultural purposes as of January 1991, where identified by property tax classification in the open space ‐ agriculture property tax classification program pursuant to Chapter 84.34 RCW or where agricultural use has been identified as the principal use of the property, are presumed to meet this criteria; (2) The property has a minimum parcel size of ten (10) acres; (3) The parcel has prime farmland soils; (4) The property is surrounded by or adjacent to lands qualifying under classification criteria (1) to (3) above; (5) The property is an upland fin‐fish hatchery. Provided that, property owners may apply to have their land designated as Agricultural Resource Lands upon a showing that the property is eligible for and participates in the open space ‐ agricultural property tax classification program pursuant to Chapter 84.34 and upon a showing that either that the property has prime farmland soils or that, in some other fashion, the agricultural use has long‐term commercial significance. Such applications shall be reviewed by the county as provided for in the annual amendment process for the county Comprehensive Plan and Development Regulations. (B) Designation. Lands of Mason County which have been identified as meeting the classification criteria for Agricultural Resource Lands, and are so specified on the official Mason County map, available at the Mason County Planning Divisionas a layer on the public web‐based Mason County GIS Resource Ordinance December 20, 2021 Page 32 (gis.masoncountywa.gov/mason), titled, "Mason County Agricultural Resource Lands" or as thereafter amended, are designated as Agricultural Resource Lands. (C) Land Uses. Development and land uses and activities allowed in the Agricultural Resource Lands or on adjacent lands are as specified in the Mason County this chapterDevelopment Regulations and other applicable ordinances, codes and regulations. (1) Accessory uses that support, promote, or sustain agricultural operations and production, are allowed and shall comply with the following standards: (a) Accessory uses shall be located, designed, and operated so as not to interfere with natural resource land uses and shall be accessory to the growing of crops or raising of animals; (b) Accessory commercial or retail uses shall predominately produce, store, or sell regionally produced agricultural products from one or more producers, products derived from regional agricultural production, agriculturally related experiences, or products produced on‐site. Accessory commercial and retail uses shall offer for sale predominantly products or services produced on‐site; and (c) Accessory uses may operate out of existing or new buildings with parking and other supportive uses consistent with the size and scale of existing agricultural buildings on the site but shall not otherwise convert agricultural land to nonagricultural uses. (2) Accessory uses may include compatible commercial or retail uses including, but not limited to, the following: (a) Storage and refrigeration of regional agricultural products; (b) Production, sales, and marketing of value‐added agricultural products derived from regional sources; (c) Supplemental sources of on‐farm income that support and sustain on‐farm agricultural operations and production; (d) Support services that facilitate the production, marketing, and distribution of agricultural products; and (e) Off‐farm and on‐farm sales and marketing of predominately regional agricultural products and experiences, locally made art and arts and crafts, and ancillary retail sales or service activities. (3) Uses Permitted: Single‐family residential and single‐family accessory use, aquaculture, bicycle paths and walking trails, kennels, public parks, forestry, fuel storage tanks (above ground & underground, accessory use), livestock, stable(s), pasture, public parks, signs, cottage industry (must comply with criteria in 17.03.021). (4) Uses Permitted with Special Use Permit: Education Learning Center, Fire Station, bed & breakfast. (D) Development Standards. (1) Development Standards for Proposed Land Uses. Resource Ordinance December 20, 2021 Page 33 (a) Front yard setback: twenty‐five feet. (b) Side and rear yard setbacks: side and rear yard setbacks for the residential dwelling is twenty feet, for accessory buildings shall be twenty feet, for accessory structures used for agricultural purposes or home occupations shall be fifty feet, and for buildings of nonresidential land uses shall be fifty feet. (c) DensityFloor Area Ratio: one is to twenty, except for fire stationsone primary residence per ten acres, or as specified in MCC 17.03.037, and one accessory dwelling unit per parcel. (d) Size: five thousand sq. ft. maximum (or up to seven thousand five hundred sq. ft. with a special use permit) for nonagricultural and accessory buildings except for dwellings and agricultural buildings. (e) Height: thirty‐five feet except for agricultural buildings, cell towers, antennas or water tanks. (2) Proposed land uses shall meet the review standards for land uses established in the Mason County Resource Ordinance, development regulations , including Section 17.03.020 (Matrix of Permitted Uses) and Section 17.03.021 (Home Occupation and Cottage Industries). (E) Preferential Right to Manage Resources and Resource Use Notices. (1) For land owners who have land designated as Agricultural Resource Lands, provisions of "Right to Farm" provided under Section 8.52.040(C)(5) shall fully apply. (2) All plats, short plats, large lot subdivision, development permits, and building permits issued for activities on, or within five hundred feet of lands designated as Agricultural Resource Lands shall contain the following notification: "This property is within or near designated Agricultural Resource Lands on which a variety of commercial activities may occur at times and that are not compatible with residential development. Residents of this property may be subject to inconvenience or discomfort associated with these activities including, but not limited to: dust, odor, noise, and chemical applications." (Ord. 52-00, Attachment B, 2000: Res. 91-99 (part), 1999; Ord. 152-97 (part), 1997). (Ord. 108-05 Attach. B (part), 2005). 8.52.070 Inholding Lands The purpose of this section is to mitigate potential incompatible land uses between the long‐term commercial forest lands and the neighboring Inholding Lands. (A) Classification. The following criteria, as they exist at the time of adoption of this chapter, shall be used in determining Inholding Lands: (1) Lands that as a block are surrounded on all sides by designated long‐term commercial forest lands; or in the case of properties abutting another county on at least one side, lands that are Resource Ordinance December 20, 2021 Page 34 surrounded in the county by properties designated long‐term commercial forest lands; and maximum block size is less than six hundred forty acres (257.92 hectares) in size; and lands that do not meet the classification criteria for long‐term commercial forest lands. (2) Lands which meet the criteria for long‐term commercial forest lands pursuant to Section 8.52.060(A) of this chapter and are within four hundred feet of the Cloquallum/Lake Communities border as of the effective date of this chapter. The border to be that defined on the official map of "Mason County Long‐Term Commercial Forest Lands and Inholding Lands." The intent of this classification is to mitigate potential incompatible land uses between the long‐ term commercial forest land and the neighboring Inholding Lands. (B) Designation. (1) Lands of the county meeting the classification criteria for Inholding Lands, and so specified on the official Mason County map, available at the County Planning Division, titled, "Mason County Long‐Term Commercial Forest Lands and Inholding Lands, 1991" or as thereafter amended, are designated, under RCW 36.70A.060 and RCW 36.70A.170, as crucial areas for the conservation of forest resource lands of long‐term commercial significance. (2) The four‐hundred‐foot strip described in subsection (A)(2) of this section, shall not be designated as long‐term commercial forest land. (3) Inholding Lands shall remain Inholding Lands even if they no longer meet the classification criteria in subsection (A) of this section due to the redesignation of some portion of the long‐ term commercial forest land which had previously caused the subject property to meet the criteria for classification as inholding land. (C) Land Uses. Permit‐required and conditional uses within Inholding Lands are the same as for designated long‐ term commercial forest lands, with the exception that mining and related activities are conditional uses if the county has authority to make such determination pursuant to the State Surfacing Mining Act, RCW 78.44 or as thereafter amended. Land uses in the four‐hundred‐foot strip designated in subsection (B) of this section shall be the same as Inholding Lands. (D) Development Standards. The following development standards for Inholding Lands shall apply to the lands designated in subsection (B) of this section. (1) Lot Size/Density. The minimum lot area for any new subdivision, short subdivision or large lot segregation of property shall be five acres (2.15 hectares). Exceptions to this minimum lot size may occur for nonresidential permit‐required and conditional uses and facilities; provided that the county approval authority finds that there will be no impact on surrounding resource uses and further provided that a restrictive covenant be placed on the property, to be held by the county, prohibiting future residential use. Resource Ordinance December 20, 2021 Page 35 Average residential densities for any new subdivision or short subdivision of property may be increased up to one unit per two and one‐half acres (1.08 hectares); provided all of the following conditions can be met: (a) The property to be divided is at least twenty acres (8.06 hectares) in size; and (b) Each residential lot created is no more than one acre (0.40 hectares) in size; and (c) All identified residential building sites are located outside any one‐hundred‐year floodplains, geologically hazardous areas, or other critical areas; and (d) The county approval authority finds that the design of the subdivision or short subdivision minimizes impact on surrounding resource uses; and (e) A natural resource management and/or conservation easement; to be held by the county, recognized nonprofit land trust or similar institution; be placed on the nonresidential portion of the subdivision or short subdivision restricting the use of the property to uses consistent with natural resource management and/or conservation, and prohibiting future residential use; or A natural resource management and/or conservation restriction is placed on the face of the plat accomplishing the same purpose as an easement. No less than fifty percent of the subdivided property shall be maintained in this manner. (2) Each parcel currently below five acres in size may be developed for an primary individual single‐family residence. and one (1) Accessory Dwelling Unit (ADU). (3) For lots five acres to 9.99 acres in size, the original owner at the time this plan is adopted may divide their property into two parcels, the smallest of which is not less than 2.5 acres in size. (4) (a) Other Development Standards. (i) Front yard setback: Twenty‐five feet; (ii) Side and rear yard setbacks: Side and rear yard setbacks for the residential dwelling is twenty feet, for accessory buildings shall be twenty feet, for accessory structures used for agricultural purposes or home occupations shall be fifty feet, and for buildings of nonresidential land uses shall be fifty feet; (iii) Floor area ratio: 1:20, except for fire stations; (iviii) Size: Four Three thousand eight hundred square feet maximum for nonagricultural and accessory buildings except for dwellings and agricultural buildings; (iv) Height: Thirty‐five feet except for agricultural buildings, cell towers, antennas, or water tanks. (b) Water Supply. Inholding properties shall meet all water supply standards as required under Section 17.01.068 8.52.100(B)[sic]. (5) Preferential Right to Manage Resources. For landowners who have designated Inholding Lands, provisions of "right to forestry" and "right to farm" under Section 8.52.040(C)(5), and resources use notices provided under Section 8.52.060(D), shall fully apply. Resource Ordinance December 20, 2021 Page 41 8.52.100 Additional Resource Land Provisions The following provisions apply to non‐resource uses within designated Long‐Term Commercial Forest, Inholding and Mineral Resource Lands: (A) Roadway Standards. (1) Permanent vehicular access for non‐resource uses shall meet the following standards: (a) Permanent legal access which has been granted by resource property owner(s) or public rights‐of‐way can be accessed directly; and (b) Strict adherence to the standards of the Uniform Fire Code as determined by the County Fire Marshal; and (c) Maximum roadway grade serving two or more non‐resource properties shall not exceed twelve percent (12%); and (d) For rights‐of‐way serving two or more non‐resource properties, a maintenance agreement is recorded with the County Auditor identifying owners responsible for maintaining said rights‐of‐way to the above standards. (2) The County Engineer may impose additional roadway development standards if he/she determines they are necessary for public health and safety. (B) Water Supply Standards. (1) When residential or other structural uses are intended to be supplied with potable water from off‐site sources, written permission shall be obtained from the property owners supplying the water prior to plat approval or building permit issuance, as applicable. (2) New residential or recreational domestic water supplies shall be certified by the County or State of Washington as appropriate, and shall not be located within one hundred (100) feet (30.5 meters) of adjacent property without written consent or easement of the adjacent property owner. (3) Domestic water supplies shall be in compliance with State and County health codes. 8.52.110 Wetlands The purpose of this section is to avoid, or in appropriate circumstances, minimize, rectify, reduce or compensate for impacts arising from land development and other activities affecting wetlands; to maintain and enhance the biological and physical functions and values of wetlands with respect to water quality maintenance; stormwater and floodwater storage and conveyance; fish and wildlife habitat; primary productivity, recreation, education and historic and cultural preservation. When avoiding impacts is not reasonable, mitigation shall be implemented to achieve a no net loss of wetlands in terms of acreage, function and value. Resource Ordinance December 20, 2021 Page 42 (A) Classification. The following shall be classified as wetland areas: Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. However, wetlands may include those artificial wetlands intentionally created from non‐wetland areas created to mitigate conversion of wetlands, if permitted by the county. (B) Designations. (1) The following lands, shorelands, and waters of Mason County are hereby designated under RCW 36.70A.060 and RCW 36.70A.170 as wetland critical areas requiring immediate protection from incompatible land uses: (a) All areas described in subsection (A) of this section; (b) Ponds less than twenty acres; (c) Wetlands created as mitigation, and those modified for approved land use activities, including their submerged aquatic beds. (2) The following are designated as non‐regulated wetlands: (a) Artificial man‐made wetlands intentionally created from non‐wetland sites, including, but not limited to, irrigation and drainage ditches, grass‐lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street or highway. (b) Exempt wetlands that are isolated and less than one thousand square feet in area where it has been shown by the applicant that they are not associated with a riparian corridor or a shoreline of the state, they are not part of a wetland mosaic, and do not contain habitat identified as essential for local populations of priority species identified by Washington Department of Fish and Wildlife. (3) Identification of wetlands and delineation of their boundaries shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements, as required by WAC 173‐22‐035. All areas within the county meeting the wetland designation criteria in that procedure are hereby designated critical areas and are subject to the provisions of this Chapter. (4) Owners and applicants with non‐regulated wetlands are strongly urged to cooperate voluntarily in this plan of wetland protection, using the guidelines in this ordinance and in materials provided by the Department of Community Services. (C) Procedures. (1) Responsibilities for the determination of wetland boundaries: (a) Formal determination of wetland boundaries is the responsibility of the county. The responsibility to provide all necessary and accurate data to the county for its determination rests with the applicant. This information will include a field delineation by a qualified wetland professional applying the current approved federal wetland Resource Ordinance December 20, 2021 Page 43 delineation manual and applicable regional supplements. When, in the opinion of the Director, sufficient information exists from the county's wetland inventory, or other sources, the requirement for a full or partial delineation may be waived. For instance, in some cases, the applicant may only be required to determine the wetland boundary, or portion thereof, of the wetland system. The Director shall determine when a permit application is required and what additional information may be necessary. Wetland delineations shall be performed in accordance with the procedures as specified in the current approved federal wetland delineation manual and applicable regional supplements. Evidence documenting the results of any boundary survey, or other submitted data, may be required by the Director. (b) Mason County, at a fee, when requested by the applicant, or the affected party, may perform the delineation in lieu of direct action by the applicant. Mason County may use hydrology, soils, plant species, and other data, and consult with biologists, hydrologists, soil scientists, or other experts, as needed, to perform the delineation. The county shall make a good faith effort to provide this service, consistent with budgetary constraints and available in‐house expertise, for smaller projects and especially for those property owners with lesser financial capabilities. (c) Where Mason County performs a wetland boundary determination at the request of the applicant, it shall be considered a final determination unless contested. (d) Where the applicant has provided a determination of the wetland boundary, the Director shall verify the accuracy of, and may render adjustments to, the boundary delineation. (e) In the event the boundary delineation is contested by the applicant or affected party, the Department of Ecology, or a mutually agreed upon party, shall settle the dispute. (D) Land Uses. (1) Mason Environmental Permit Required Uses and Activities. A Mason Environmental Permit shall be obtained from the county, using the administrative review process in this chapter, prior to undertaking, in a regulated wetland or its buffer, for the following activities. (a) The removal, excavation, grading, dredging, dumping, discharging, or filling of any material; or the draining or flooding of the site, except where undertaken for maintenance (but not construction) of drainage ditches or for emergency repair; (b) The construction of stormwater management facilities; or(c) The driving of pilings; (d) The placing of obstructions; (e) The construction, reconstruction, demolition, or expansion of any structure; (f) The destruction or alteration of wetlands and wetland buffer through clearing, harvesting, shading, intentional burning, or planting of vegetation that would alter the character of a designated wetland or buffer, provided that this subsection shall not apply to the following activities undertaken in a manner which minimizes impacts: (i) The harvesting or normal maintenance of vegetation in a manner that is not injurious to the natural reproduction of such vegetation; Resource Ordinance December 20, 2021 Page 44 (ii) The removal or eradication of noxious weeds so designated in Chapter 17.10 RCW or other exotic, nuisance plants; (iii) Site investigative work necessary for land use application submittals such as surveys, soil logs and percolation tests; (iv) The construction or trails, which shall be unpaved when located in the buffers and elevated when located in wetlands, that are not intended for motorized use, and which are no wider than three feet, unless additional width is necessary for safety along a precipice, steep hillside, or other hazardous area. See subsection (E)(3)(c) for additional details on regulated (but permitted) trail activity; (v) Emergency services or repairs for health and welfare; or (vi) Activities of a mosquito control district; or (g) Activities that result in a significant change of water temperature, a significant change of physical or chemical characteristics of wetland's water sources, including quantity, or the introduction of pollutants. (2) Activities Permitted without a Mason Environmental Permit. The following uses shall be allowed, in addition to those defined in General Exemptions (see Section 8.52.200), within a wetland or wetland buffer to the extent that they are not prohibited by the Shorelines Management ACT of 1971 (Chapter 90.58 RCW), Federal Water Pollution Control Act (Clean Water ACT), State Water Pollution Control Act (Chapter 90.48 RCW), State Hydraulic Code (RCW 75.20.100 ‐ .140), Forest Practices Act (Chapter 76.09 RCW and Chapter 222‐16 WAC) or any other applicable ordinance or law and provided they are conducted using best management practices, except where such activities result in the conversion of a regulated wetland or wetland buffer to a use to which it was not previously subjected and provided further that forest practices and conversions from forest land shall be governed by Chapter 76.09 RCW and its rules: (a) Conservation or preservation of soil, water, vegetation, fish, shellfish, and other wildlife; (b) Outdoor recreational activities that do not have a significant adverse impact on the wetland and its related buffer; (c) The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling of soil, planting of crops, or alteration of the wetland by changing existing topography, water conditions or water resources; (d) Existing and ongoing agricultural activities, including farming, horticulture, aquaculture, irrigation, ranching or grazing of animals. Activities on areas lying fallow as part of a conventional rotational cycle are part of an ongoing operation. Activities which bring an area into agricultural use are not part of an ongoing operation. An operation ceases to be ongoing when the area in which it was conducted has been converted to another use or has lain idle for more than five years unless that idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition. (e) The maintenance (but not construction) of drainage ditches; (f) Education, scientific research, and use of nature trails; Resource Ordinance December 20, 2021 Page 45 (g) Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities. In every case, wetland impacts shall be minimized and disturbed areas shall be immediately restored; and (h) The following uses are allowed within wetlands and/or wetland buffer, provided that any required permits or approvals are obtained and further provided that wetland impacts are minimized and that disturbed areas are immediately restored: (i) Normal maintenance, repair, or operation of existing structures, facilities, or improved areas. Maintenance and repair does not include any modification that changes the character, scope, or size of the original structure, facility, or improved area and does not include the construction of a maintenance road; and (ii) Minor modification of existing structures within a buffer zone where modification does not adversely impact wetland functions. (iii) Repair or reconstruction of damaged or destroyed structures within two years of the damage or destruction. (i) The felling of danger trees within buffers providing the following conditions are met: (i) When it is demonstrated to the satisfaction of the Administrator that an imminent threat exists to public health or safety, or the safety of private or public property. Landowner shall provide to the Administrator a written statement describing tree location, danger it poses, and proposed mitigation. (ii) Should the imminent threat not be apparent to the Administrator (as danger trees are defined in Section 8.52.030), the Administrator may require the landowner submit a report from a professional forester or certified arborist. (iii) Before a danger tree may be felled or removed, with the exception of an emergency pursuant to Section 8.52.240, the landowner shall obtain written approval from the Administrator. This approval shall be processed promptly and may not be unreasonably withheld. If the Administrator fails to respond to a danger tree removal request within ten business days, the landowner's request shall be conclusively allowed. (iv) Trees felled as danger trees shall be counted in the allowed amounts under Section 8.52.170(D)(4)(k). (v) Mitigation as approved by the Administrator to include: a. The planting within the critical area or its buffer a total of six new native trees, each a minimum three years old. Should a report be submitted under subsection (i)(ii), it shall contain recommendations for suitable replacement trees; b. Felled trees shall be left within the critical area or buffer unless a submitted report warrants its removal to avoid spreading disease or pests; c. The trunk of the cut tree may be segmented, but should be left in as large of segments as possible to provide habitat; d. The branches from the cut tree may be removed to control fire hazard; and e. Additional mitigation may be required if three or more trees are to be felled on one property within a ten‐year period. Resource Ordinance December 20, 2021 Page 46 (j) Where a legally established, non‐conforming use of the buffer exists (e.g., a road or structure that lies within the width of buffer recommended for that wetland), proposed actions in the buffer may be allowed without a Mason Environmental Permit and without mitigation as long as they do not increase the degree of non‐conformity. This means no increase in the impacts to the wetland from activities in the buffer. (E) Development Standards. (1) Wetlands Rating System. A four‐tier wetlands rating system is adopted as the rating system for Mason County. Wetland buffer widths, wetland activities, and replacement ratios shall be based on this rating system. Procedures for applying the wetland rating system are set forth in the Washington State Wetland Rating System for Western Washington, revised 2014, or as amended hereafter, Washington State Department of Ecology. (a) Wetlands shall be categorized as follows: (2) Wetland Buffers. (a) Buffer Widths. Wetland buffers (plus a 15 foot structural setback) shall be required for all regulated wetlands. Any wetland created, restored, or enhanced as compensation for approved wetland alterations shall also include a buffer required for the category of the created, restored, or enhanced wetland. The buffer widths are established by adjusting a base width for the category of wetland at the site for the habitat value as scored by the wetland rating system and for the land use intensity of the proposed activity. All buffers shall be measured horizontally from the wetland boundary as surveyed in the field. The width of the wetland buffer shall be determined by the following process: Table 8.52.110(A): Wetland Categories. 1) Category I Wetlands. Category I wetlands are those regulated wetlands that include but are not limited to rare, unique wetland types that are more sensitive to disturbance than most wetlands and that contain ecological attributes that are impossible to replace within a human lifetime. Category I wetlands score between 23- 27 points on the wetlands ratings systems. 2) Category II Wetlands. Category II wetlands are those regulated wetlands that score between 20-22 points on the wetlands ratings system. 3) Category III Wetlands. Category III wetlands are those regulated wetlands that score between 16- 19 points on the wetlands ratings system.* 4) Category IV Wetlands. Category IV wetlands are those regulated wetlands that score between 9-15 points on the wetlands ratings system.* 5) Wetlands intentionally created from non-wetland areas to mitigate conversion of other wetlands. 6) Mosaic wetlands as defined in Section 8.52.030 * Mason County non-Regulated Wetlands. Isolated wetlands under 1,000 square feet which are not associated with a riparian corridor or a shoreline of the state, not part of a wetland mosaic, and not essential habitat of a priority species as identified by the Washington Department of Fish and Wildlife. Please refer to Appendix A or the Department of Ecology publication for more information. Resource Ordinance December 20, 2021 Page 47 (i) The wetland is categorized according to wetland ratings system category as shown in Table 8.52.110(A); (ii) Table 8.52.110(B) rates examples of different land uses for intensity of impacts to wetlands; (iii) The width of the buffer is determined based on the habitat value scored by the wetland on the wetland rating system and on the land use intensity of the proposed use as shown in Tables 8.52.110 C, D, E, or F. (iv) Regulated buffers shall not extend across legally established public roads or hardened surfaces to include areas which are functionally isolated from the critical area. Buffer reductions under this provision are allowed only when the functional disconnection has been documented through a report by a qualified professional that demonstrates the area is functionally isolated. The County shall consider the hydrologic, geologic, and/or biological habitat connection potential and the extent and permanence of the physical separation. Table 8.52.110(B): Ratings of Impact from Land Uses. Rating of impact from proposed changes in land use Examples of land uses that cause the impact based on common zoning categories High Commercial Urban Industrial Institutional Retail sales Residential (more than 1 unit/acre) Conversion to high intensity agriculture (dairies, nurseries and green houses, growing and harvesting crops requiring annual tilling, raising and maintaining animals) High intensity recreation (golf courses, ball fields) Moderate Single-family residential (1 unit/acre or less) Moderate-intensity open space (parks with biking, jogging, etc) Conversion to moderate intensity agriculture (orchards and hay fields) Paved trails Building of logging roads Utility corridor or right-of-way shared by several utilities and including access/maintenance road Low Forestry (cutting of trees only) Low intensity open space (hiking, bird watching, preservation of natural resources, etc.) Unpaved trails Utility corridor without a maintenance road and little or no vegetation management Resource Ordinance December 20, 2021 Page 48 Table 8.52.110(C): Width of Buffer Required to Protect Category IV Wetlands. Wetlands Scoring Between 9 and 15 Points on the Wetland Rating System. Wetland Characteristics Buffer Widths by Impacts of Proposed Land Use Score for all 3 basic functions is less than 16 points Low - 25 ft Moderate – 40 ft High – 50 ft Table 8.52.110(D): Width of Buffers Required to Protect Category III Wetlands. Wetlands Scoring Between 16 and 19 Points on the Wetlands Rating System. Wetland Characteristics Buffer Widths by Impacts of Proposed Land Use High level of function for habitat (score for habitat 8 - 9 points) Low - 150 ft Moderate – 225 ft High – 300 ft Moderate level of function for habitat (score for habitat 6 - 7 points) Low - 75 ft Moderate – 110 ft High – 150 ft Score for habitat 3-5 points Low - 40 ft Moderate – 60 ft High – 80 ft Table 8.52.110(E): Width of Buffers Required to Protect Category II Wetlands. Wetlands Scoring Between 20 and 22 Points on the Wetlands Rating System. Wetland Characteristics Buffer Widths by Impact of Proposed Land Use (Apply most protective if more than one criterion is met.) Other Measures Recommended for Protection High level of function for habitat (score for habitat 8 - 9 points) Low - 150 ft Moderate – 225 ft High – 300 ft Maintain connections to other habitat areas Moderate level of function for habitat (score for habitat 6 - 7 points) Low - 75 ft Moderate – 110 ft High – 150 ft No recommendations at this time High level of function for water quality improvement and low for habitat (score for water quality 8 - 9 points; habitat less than 6 points) Low - 50 ft* Moderate – 75 ft* High – 100 ft* No additional surface discharges of untreated runoff Estuarine Low - 75 ft Moderate – 110 ft High – 150 ft No recommendations at this time Not meeting above characteristics Low - 50 ft Moderate – 75 ft High – 100 ft No recommendations at this time *If buffer is located on a steep slope, the width shall be increased per subsection 8.52.110(E)(2)(b)(v). Resource Ordinance December 20, 2021 Page 49 Table 8.52.110(F): Width of Buffers Required to Protect Category I Wetlands. Wetlands Scoring Between 23 and 27 Points on the Wetlands Rating System. Wetland Characteristics Buffer Widths by Impact of Proposed Land Use (Apply most protective if more than one criterion is met.) Other Measures Recommended for Protection Wetlands Of High Conservation Value Low - 125 ft Moderate – 190 ft High – 250 ft No additional surface discharges to wetland or its tributaries No septic systems within 300 ft of wetland Restore degraded parts of buffer Bogs Low - 125 ft Moderate – 190 ft High – 250 ft No additional surface discharges to wetland or its tributaries Restore degraded parts of buffer Forested Buffer width to be based on score for habitat functions or water quality functions* If forested wetland scores high for habitat, need to maintain connections to other habitat areas Restore degraded parts of buffer Estuarine Low - 100 ft Moderate – 150 ft High – 200 ft No recommendations at this time Wetlands in Coastal Lagoons Low - 100 ft Moderate – 150 ft High – 200 ft No recommendations at this time High level of function for habitat (score for habitat 8 - 9 points) Low – 150 ft Moderate – 225 ft High – 300 ft Maintain connections to other habitat areas Restore degraded parts of buffer Moderate level of function for habitat (score for habitat 6 - 7 points) Low – 75 ft Moderate – 110 ft High – 150 ft No recommendations at this time High level of function for water quality improvement (8 – 9 points) and low for habitat (less than 6 points) Low – 50 ft* Moderate – 75 ft* High – 100 ft* No additional surface discharges of untreated runoff Not meeting any of the above characteristics Low – 50 ft Moderate – 75 ft High – 100 ft No recommendations at this time *If buffer is located on a steep slope, the width shall be increased per subsection 8.52.110(E)(2)(b)(v). (b) Increased Wetland Buffer Width. The administrator shall require increased standard buffer widths or may require other conditions be placed on the development on a case‐by‐case basis when necessary to protect wetland functions and values based on local conditions. This determination shall be supported by appropriate documentation showing that it is reasonably related to protection of the functions and values of the regulated wetland. Such determination shall be attached as a permit condition and shall demonstrate that: Resource Ordinance December 20, 2021 Page 50 (i) A larger buffer is necessary to maintain viable populations or critical habitat of threatened or endangered species living within the subject wetland(s) boundaries; (ii) The adjacent land is susceptible to severe erosion and erosion control measures otherwise required will not effectively prevent adverse wetland impacts; (iii) There are other nearby wetlands or critical areas and adjustments to the buffers would prevent fragmentation of the habitat or is otherwise necessary to preserve the structure, function and value of the wetland; (iv) The buffer is poorly vegetated due to lack of vegetation or invasive or non‐native species being the dominant cover. Conditions would include enhancement of the area, a larger buffer, or both, or (v) If a buffer is based on the score for its ability to improve water quality (see Tables 8.52.110(E and F)) rather than habitat or other criteria, then the buffer should be increased by 50% if the slope is greater than 30% (a 3‐foot rise for every 10 feet of horizontal distance). (c) Wetland Buffer Width Averaging. The widths of buffers may be averaged if this will improve the protection of wetland functions, or if it is the only way to allow for reasonable use of a parcel. (i) Averaging to improve wetland protection may be permitted when all of the following conditions are met: a. As demonstrated by a report from a qualified wetland professional, the wetland has significant differences in characteristics that affect its habitat functions, such as a wetland with a forested component adjacent to a degraded emergent component or a “dual‐rated” wetland with a Category I area adjacent to a lower rated area; b. The buffer is increased adjacent to the higher‐functioning area of habitat or more sensitive portion of the wetland and decreased adjacent to the lower‐functioning or less sensitive portion; c. The total area contained in the buffer after averaging shall be no less than that contained within the buffer prior to averaging. In other words, mitigation for buffer impacts will be on a minimum of a 1:1 ratio; and d. In no instance shall the buffer width be reduced to less than seventy‐five percent of the required width for each of the wetland categories. (ii) Averaging to allow reasonable use of a parcel may be permitted when all of the following are met: a. There are no feasible alternatives to the site design that could be accomplished without buffer averaging; b. The averaged buffer will not result in degradation of the wetland’s functions and values as demonstrated by a report from a qualified wetland professional; c. The total buffer area after averaging is equal to the area required without averaging; and Resource Ordinance December 20, 2021 Page 51 d. The buffer at its narrowest point is never less than 3/4 of the required width. (iii) Proposals for wetland buffer averaging shall be submitted to the Department with a Mason Environmental Permit Application and a wetland categorization and buffer determination. Approvals are made at the Director’s discretion. (iv) Averaging may not be used in conjunction with any of the other provisions for reductions in buffers (listed below). (d) Wetland Buffer Reduction. The width of the buffer may be reduced for proposed land uses with high‐intensity impacts under the following conditions: (i) For wetlands that score moderate or high for habitat (five points or more for the habitat functions), the width of the buffer may be reduced to that required for moderate‐intensity impacts provided that: a. A relatively undisturbed, vegetated area corridor at least one hundred feet wide is protected between the wetland and any other priority habitats as defined by the Washington State Department of Fish and Wildlife. Protection of the entire corridor shall be assured by a conservation easement or equivalent legal protection; b. Measures to minimize the impacts of the land use shall be applied. Examples of these measures are shown in Table 8.52.110(G). (ii) For wetlands that score less than five points for habitat, the buffer width can be reduced to that required for moderate‐impact land uses provided that measures to minimize the impacts of the land use shall be applied. Examples of these measures are shown in Table 8.52.110(G). (e) Wetland Buffer Conditions. Except as otherwise specified, wetland buffers shall be retained in their natural condition. (3) Permitted Uses In A Wetland Buffer. Regulated activities shall not be allowed within a buffer except as follows: (a) Activities that are permissible within a wetland shall be permissible within a wetland buffer; and (b) Stormwater management facilities (bioswales and dispersal trenches) only when required to allow a reasonable use of the property. Encroachment into the buffer shall be the minimum necessary and will be permitted only within the outer twenty‐five feet or outer twenty‐five percent of the buffer, whichever is more restrictive; (c) Other passive activities such as recreational trails and tot lots are also permitted within the outer twenty‐five percent of the buffer; (d) Selective commercial timber cutting will be limited to the outer twenty‐five percent of Category I and II wetland buffers and fifty percent of Category III and IV wetland buffers. No more than thirty percent of the merchantable trees may be harvested in this area on a one‐time‐only basis as associated with a land use conversion application. The thirty percent harvest must be representative and maintain an intact forest Resource Ordinance December 20, 2021 Page 52 community character. The percentage and species distribution of all trees must be consistent before and after the selective timber harvest. (4) Structure Setback Lines. A structure setback line of fifteen feet is required from the edge of any wetland buffer. Minor structural intrusions into the area of the setback may be allowed if the administrator determined that such intrusions will not negatively impact the wetland. Table 8.52.110(G): Examples of measures to reduce impacts to wetlands. Examples of Disturbance Activities and Uses that Cause Disturbances Examples of Measures to Minimize Impacts Lights • Parking lots • Warehouses • Manufacturing • Residential • Direct lights away from wetland Noise • Manufacturing • Residential • Locate activity that generates noise away from wetland Toxic runoff* • Parking lots • Roads • Manufacturing • Residential areas • Application of agricultural pesticides • Landscaping • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 ft of wetland • Apply integrated pest management Stormwater runoff • Parking lots • Roads • Manufacturing • Residential areas • Commercial • Landscaping • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer Change in water regime • Impermeable surfaces • Lawns • Tilling • Infiltrate or treat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pets and human disturbance • Residential areas • Use privacy fencing: plant dense vegetation to delineate buffer edge and to discourage disturbance using vegetation appropriate for the ecoregion; place wetland and its buffer in a separate tract Dust • Tilled fields • Use best management practices to control dust * These examples are not necessarily adequate for minimizing toxic runoff if threatened or endangered species are present at the site. (F) Mitigation for Wetland Impacts. (1) If wetland or wetland buffer impacts are proposed, the following sequence of review must be considered. (a) Avoid the impact all together by not taking a certain action or parts of an action; Resource Ordinance December 20, 2021 Page 53 (b) Minimize the impact by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; (c) Rectify the impact by repairing, rehabilitating or restoring the sensitive areas; (d) Reduce or eliminate the impact over time by prevention and maintenance operations; (e) Compensate for the impact by replacing, enhancing or providing substitute areas and environments and replace the ecological processes and functions of the resource; (f) Monitor the impact and taking appropriate corrective measures (2) As a condition of any permit allowing alteration of wetlands and/or wetland buffers, the county shall require that the applicant engage in the restoration, creation or enhancement of wetlands and their buffers in order to offset the impacts resulting from the applicant's actions. When the acreage required for compensatory mitigation is divided by the acreage of impact, the result is a number known variously as a replacement, compensation, or mitigation ratio. Methods to achieve compensation for wetland functions shall be approached in the following order of preference: restoration, creation, enhancement (defined in 8.52.030). (3) The overall goal of any compensatory project shall be no net loss of wetland function and acreage. (4) Mitigation Ratios. (a) Mitigation ratios for preservation in combination with other forms of mitigation shall range from 10:1 to 20:1, as determined on a case‐by‐case basis, depending on the quality of the wetlands being impacted and the quality of the wetlands being preserved. (b) Wetland mitigation ratios for restoration (re‐establishment and/or rehabilitation), creation, and enhancement are illustrated in the following Table 8.52.110(H): Table 8.52.110 (H): Wetland Mitigation Ratios. Wetland Category Re- establishment or Creation Rehabilitation 1 Re-establishment or Creation (R/C) and Rehabilitation (RH)1 Reestablishment or Creation (R/C) and Enhancement (E) 1 Enhance- ment Only 1 All Category IV 1.5:1 3:1 1:1 R/C and 1:1RH 1:1 R/C and 2:1 E 6:1 All Category III 2:1 4:1 1:1 R/C and 2:1 RH 1:1 R/C and 4:1 E 8:1 Category II Estuarine Case-by-case 4:1 Rehabilitation of an estuarine wetland Case-by-case Case-by-case Case-by-case All other Category II 3:1 6:1 1:1 R/C and 4:1 RH 1:1 R/C and 8:1 E 12:1 Category I Forested 6:1 12:1 1:1 R/C and 10:1 RH 1:1 R/C and 20:1 E 24:1 Resource Ordinance December 20, 2021 Page 54 Category I based on score for functions 4:1 8:1 1:1 R/C and 6:1 RH 1:1 R/C and 12:1 E 16:1 Category I Natural Heritage site Not considered possible3 6:1 Rehabilitation of a Natural Heritage site R/C Not considered possible3 R/C Not considered possible3 Case-by-case Category I Coastal Lagoon Not considered possible3 6:1 Rehabilitation of a coastal lagoon R/C not considered possible3 Not considered possible3 Case-by-case Category I Bog Not considered possible3 6:1 Rehabilitation of a bog R/C Not considered possible3 Not considered possible3 Case-by-case Category I Estuarine Case-by-case 6:1 Rehabilitation of an estuarine wetland Case-by-case Case-by-case Case-by-case 1 These ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in a higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. . 2 Natural Heritage sites, coastal lagoons, and bogs are considered irreplaceable wetlands because they perform some special functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no matter what kind of compensation is proposed. (c) The Administrator may increase or decrease the ratios based on one or more of the following: (i) Replacement ratios may be increased under the following circumstances: a. Uncertainty exists as to the probable success of the proposed restoration or creation; b. A significant period of time will elapse between impact and establishment of wetland functions at the mitigation site; c. Proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or d. The impact was an unauthorized impact. (ii) Replacement ratios may be decreased under the following circumstances: a. Documentation by a qualified wetland specialist (provided by the applicant) demonstrating that more certainty that the proposed compensation actions will be successful. For example, demonstrated prior success with similar compensation actions as those proposed, and/or extensive hydrologic data to support the proposed water regime; b. Documentation by a qualified wetland specialist (provided by the applicant) demonstrating that the proposed compensation actions will Resource Ordinance December 20, 2021 Page 55 provide functions and values that are significantly greater than the wetland being impacted; or c. The proposed mitigation actions are conducted in advance of the impact and are shown to be successful. (d) Compensation for wetland buffer impacts shall occur at a minimum 1:1 ratio. (e) Preservation. Impacts to wetlands may be mitigated by preservation of at‐risk, high‐quality wetlands and habitat areas when used in combination with other forms of mitigation such as creation, restoration, or enhancement. See “Appendix 8‐B Recommendations for Wetland Language in a Critical Areas Ordinance” [Wetlands in Washington State Volume 2 – Protecting and Managing Wetlands] published by the Washington Department of Ecology (April 2005) for detailed requirements pertaining to the use of preservation as mitigation. (5) Off‐Site Compensatory Mitigation. (a) Considerations for determining whether off‐site mitigation is preferable include, but are not limited to: (i) On‐site conditions do not favor successful establishment of the required vegetation type, or lack the proper soil conditions, or hydrology; (ii) On‐site compensation would result in an aquatic habitat that is isolated from other natural habitats or severely impaired by the effects of the adjacent development; (iii) Off‐site location is crucial to one or more species that is threatened, endangered, or otherwise of concern, and the on‐site location is not; (iv) Off‐site location is crucial to larger ecosystem functions, such as providing corridors between habitats, and the on‐site location is not; and (v) Off‐site compensation has a greater likelihood of success or will provide greater functional benefits. (b) When determining whether off‐site mitigation is preferable, the value of the site‐ specific wetland functions at the project site, such as flood control, nutrient retention, sediment filtering, and rare or unique habitats or species, should be fully considered. (c) When conditions do not favor on‐site compensation, off‐site compensatory mitigation shall be located as close to the impact site as possible, at least within the same sub‐ drainage basin unless: (i) Watershed goals established by the county for water quality, flood storage or conveyance, habitat, or other wetland function justify location of mitigation at another site; (ii) Credits from a state‐certified wetland mitigation bank are used as compensation and the use of credits is consistent with the terms of the bank’s certification; or (iii) Credits from an authorized in‐lieu fee mitigation program are purchased. (d) Wetland Mitigation Banks. (i) Credits from a wetland mitigation bank may be approved for use as compensation for unavoidable impacts to wetlands when: Resource Ordinance December 20, 2021 Page 56 a. The bank is certified under Chapter 173‐700 WAC; b. The Administrator has determined that the wetland mitigation bank has provided the appropriate compensation for the authorized impacts; and c. The proposed use of credits is consistent with the terms and conditions of the bank’s certification. (ii) Replacement ratios for projects using bank credits shall be consistent with replacement ratios specified in the bank’s certification. (iii) Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank’s certification. In some cases, the service area of the bank may include portions of more than one adjacent drainage basin for specific wetland functions. (6) Mitigation Plans. When a project involves wetland and/or buffer impacts, a compensatory mitigation plan shall be prepared by a qualified professional wetland scientist with a minimum of five (5) years experience designing compensatory mitigation projects. The plan shall contain the following: (a) The name and contact information of the applicant; the name, qualifications, and contact information for the author of the Mitigation Plan; a description of the proposal; a summary of the impacts and proposed compensation concept; and a vicinity map for the project; (b) Description of the existing wetland and buffer areas proposed to be impacted including: acreages (or square footage) based on professional surveys of the delineations; Cowardin classifications including dominant vegetation community types (for upland and wetland habitats); hydrogeomorphic classification of wetland(s) on and adjacent to the site; the results of a functional assessment for the entire wetland and the portions proposed to be impacted; wetland rating based on subpart (E)(1) of this chapter; (c) An assessment of the potential changes in wetland hydroperiod from the proposed project and how the design has been modified to avoid, minimize, or reduce adverse impacts to the wetland hydroperiod; (d) An assessment of existing conditions in the zone of the proposed compensation, including: vegetation community structure and composition, existing hydroperiod, existing soil conditions, existing habitat functions; (e) A description of the proposed conceptual actions for compensation of wetland and upland areas affected by the project; (f) The field data collected to document existing conditions and on which future condition assumptions are based for hydroperiod (e.g., existing hydroperiod based on piezometer data, staff/crest gage data, hydrologic modeling, visual observations, etc.) and soils (e.g., soil pit data ‐ hand dug or mechanically trenched, and soil boring data. Do not rely upon soil survey data for establishing existing conditions.); (g) A discussion of ongoing management practices that will protect wetlands after the project site has been developed, including proposed monitoring and maintenance programs (for remaining wetlands and compensatory mitigation wetlands); Resource Ordinance December 20, 2021 Page 57 (i) Proposed conditions expected from the proposed actions on site including future hydrogeomorphic types, vegetation community types by dominant species (wetland and upland), and future hydrologic regimes; (j) A planting schedule for the compensatory area including all species by proposed community type and hydrologic regime, size and type of plant material to be installed, spacing of plants, “typical” clustering patterns, total number of each species by community type, timing of installation; (k) Performance standards for upland and wetland communities, monitoring schedule, and maintenance schedule and actions by each biennium; (l) A bond estimate for the entire compensatory mitigation including the following elements: site preparation, plant materials, construction materials, installation oversight, maintenance for up to five (5) years, annual monitoring field work and reporting for 5 to 10 years, and contingency actions for a maximum of the total required number of years for monitoring; and (m) A site plan(s), drawn to scale and including: (i) Surveyed edges of the existing wetland(s) and the minimum wetland buffers and setbacks, the proposed areas of wetland and/or buffer impacts, and the location of proposed wetland and/or buffer compensation actions; (ii) If any grading activity is proposed to create the compensation area(s), show the existing topography, ground‐proofed, at two‐foot contour intervals in the zone of the proposed compensation actions; (iii) Required wetland buffers and setbacks for existing wetlands and proposed compensation areas. Also, identify any zones where buffers are proposed to be reduced or enlarged outside of the standards identified in this Title. (7) Memorandum of Agreement. Approval of the mitigation plan shall be signified by a notarized memorandum of agreement signed by the applicant and the Administrator. The agreement shall refer to all requirements for the mitigation project. (8) Notice to Title. The property owner shall record on the Title (with the Mason County Auditor) both the memorandum of agreement and the approved site plan. (9) Monitoring Requirements. Mason County shall require monitoring reports on an annual basis for a minimum of five years and up to ten years, or until the Administrator determines that the mitigation project has achieved success. The wetlands mitigation plan shall provide specific criteria for monitoring the mitigation project. Criteria shall be project‐specific and use best available science to aid the Administrator in evaluating whether or not the project has achieved success. (10) Noncompliance. The county may suspend or revoke a permit if it finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of work set for in the permit. Resource Ordinance December 20, 2021 Page 58 (G) Permit Review. The basic concern in the permitting process is to avoid and minimize wetland impacts. Permits are issued when the applicant can demonstrate that the activity is both unavoidable and necessary. The applicant must state the purpose of the proposed project and demonstrate the requirement for a wetland location or access across wetlands and the reason it cannot be located at other sites, or at another location on‐site. (Ord. 138-06 (part), 2006: Ord. 106-04 Att. B (part), 2004; Ord. 36A-97 (part), 1997: Ord. 77-93 (part), 1993). (Ord. No. 54-09, 6-16-2009) 8.52.120 Critical Aquifer Recharge Areas In order to protect the public health and safety, prevent the degradation of groundwater aquifers used for potable water, and to provide for regulations that prevent and control risks to the degradation of groundwater aquifers, the following standards for Mason County are described in this section. Critical aquifer recharge areas are those areas which are determined to have an important recharging effect on aquifers used as a source for potable water and vulnerable to contamination from recharge. Critical aquifer recharge areas are areas of special concern and are subject to the Mason County Health Codes. (A) Classification of Aquifer Recharge Areas. (1) Classes. Critical aquifer recharge areas are classified as either Class I (Extremely Susceptible), Class II (Highly Susceptible), Class III (Moderately Susceptible), or Class IV (Low Susceptibility), as described below. (2) Methodology. The aquifer classification system and maps were developed by a qualified geologist in consultation with the Washington Department of Natural Resources and considering data from the following sources; (a) Mineral Resources of the Southern Hood Canal Area, Washington; Mackey Smith and R. J. Carson; Department of Geology and Earth Resources ‐ Geologic Map GM‐21; 1976. (b) Geology and Related Water Occurrence, Southeastern Mason County, Washington; Dee Molenaar and John B. Noble; Water Supply Bulletin No. 29, Department of Water Resources, State of Washington; 1970. (c) Geologic Map of the South Half of the Shelton and South Half of the Copalis Beach Quadrangles Washington; Robert L. Logan; Washington Division of Geology and Earth Resources; Open file Report 87‐9; 1987. (d) Geologic Map of North Central Mason County; R. J. Carson; Department of Geology and Earth Resources; Open File Report 76‐2; 1976. (e) Soil Conservation Maps for Mason County Washington; various. (f) Topographic maps for Mason County; various. MASON COUNTY Planning Division of Community Development Planning DEPARTMENT 615 W. Alder St. Bldg. 8, Shelton, WA 98584 360-427-9670 ext 352 DETERMINATION OF NONSIGNIFICANCE (WAC 197-11-340) SEP2022-00050 Page 1 of 1 Printed by : Marissa Watson on: 09/27/2022 10:01 AM Description of Proposal: TITLE 17 ZONING CODE AMENDMENTS AND MINOR AMENDMENTS TO TITLE 8.52 Proponent: MASON COUNTY Location of Proposal: XXX ALDER ST Parcel Number: MASONCOUNTY Legal Description: COUNTY WIDE Lead Agency: Mason County The Lead Agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed Environmental Checklist and other information on file with the Lead Agency. This information is available to the public upon request. Please contact Marissa Watson at 360-427-9670 x367 with any questions. This DNS is issued under WAC 197-11-340(2). The Lead Agency will not act on this proposal for 14 days from the date shown below, when the determination is final. Comments must be submitted to the Dept. of Community Development, 615 W Alder St, Shelton WA 98584 by 10/12/2022. Appeal of this determination must be filed with a 14-day period following this final determination date, per Mason County Code Chapter 15.11 Appeals. Authorized Local Government Official Date 09.27.22 SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 1 of 14 SEPA ENVIRONMENTAL CHECKLIST- NON-PROJECT Mason County Title 17 Zoning Code Amendments COUNTY CASE REFERENCE: SEP2022-00050 A. Background [HELP] 1. Name of proposed project, if applicable: Mason County Title 17 Zoning Code Review and Update 2. Name of applicant: Mason County Community Development 3. Address and phone number of applicant and contact person: Marissa Watson | Project Manager | Senior Planner 360.427.9670 ext. 367 615 W. Alder St Shelton, Wa 98584 4. Date checklist prepared: September 6, 2022 5. Agency requesting checklist: Mason County 6. Proposed timing or schedule (including phasing, if applicable): Mason County intends to locally adopt the Title 17 Zoning Code amendments by December 2022 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Title 17 Zoning Code will have to be periodically updated as changes are needed in response to state law, local conditions, and in response to public need. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. This review and amendment did not involve the preparation of environmental documentation, none of the amendments change the current environmental protections that are provided for within the code under review. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 2 of 14 No, this is a non-project action that applies to the Title 17 Zoning Code and minor amendments to the Mason County Resource Ordinance. 10. List any government approvals or permits that will be needed for your proposal, if known. The proposed documents will have to be reviewed by the Mason County Planning Advisory Commission and adopted by the Mason County Board of Commissioners in order to become law. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The County is reviewing Title 17 Zoning code in its entirety, something that has not been accomplished since the early 2000s. There have been minor updates made to several sections scattered throughout the zoning code portions of title 17, but this review is meant to be a review from start to finish including the code chapters regarding the three UGAs Allyn, Belfair, and Shelton. In updating Title 17 Zoning Code minor revisions were required within three chapters of the Mason County Resource Ordinance in particular the Agricultural Resource Lands, Inholding Lands, and Wetlands chapters. The scope of the review includes, but is not limited to the following: clarifications, revisions to references, deletion of obsolete code sections or sections that are discussed in more detail in a more specific zoning district of the code, revisions to cottage industry standards, ADU criteria (in particular size allowances), development of regulations that would require development to hook up to a group A public water system under certain conditions, building size allowances for accessory buildings in residential areas of the rural lands, revisions to allowed uses and uses allowed with a special use permit in the Rural Commercial zones, deletion of rural commercial 4 zone as currently worded due to it being duplicative of rural commercial 3 zone, allowance of rural commercial 3 zoning outside of RACs and Hamlets when approved through rezoning request process, revision of temporary sign language throughout title 17 to match amendments made to the Belfair UGA code in 2018, addition of “assisted living facilities” within the village commercial district of Allyn UGA, deletion of the need for an “overlay area” within the Belfair UGA for a use that is already reviewed through a special use process, dry SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 3 of 14 cleaners are now a use permitted with a special use permit in the Belfair UGA, and Warehouse(distribution) is a use proposed for the business industrial district of the Belfair UGA. Amendments to the Mason County Resource Ordinance are minor and include moving uses that are allowed, or with special use permit allowed, in the Agricultural Resource Lands from title 17 to title 8.52, clarifications on the density in AG Lands and Inholding Lands, and updating the buffers required around a category III wetland when a high level of function for habitat is determined. See redlined code and attached matrix for a more detailed summary of changes proposed with this update. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. Mason County Mason County is situated along the southwestern portion of Puget Sound and encompasses roughly 968 square miles. It borders on Jefferson County to the north, Grays Harbor County to the west and southwest, Thurston County to the southeast, Pierce County to the east, and Kitsap County to the northeast. Mason County remains a predominantly rural county. Title 17 does not directly regulate areas under tribal ownership within reservation boundaries or areas outside of reservations that are in Tribal Trust. In addition, this title does not regulate National Forests or National Parks, except for non-federal uses and developments undertaken on federal lands. B. Environmental Elements [HELP] 1. Earth [help] a. General description of the site: (circle one): Flat, rolling, hilly, steep slopes, mountainous, other _____________ b. What is the steepest slope on the site (approximate percent slope)? SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 4 of 14 c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. Air [help] a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. c. Proposed measures to reduce or control emissions or other impacts to air, if any: 3. Water [help] a. Surface Water: [help] 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 5 of 14 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. b. Ground Water: [help] 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. c. Water runoff (including stormwater): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. 2) Could waste materials enter ground or surface waters? If so, generally describe. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 6 of 14 4. Plants [help] a. Check the types of vegetation found on the site: ____deciduous tree: alder, maple, aspen, other ____evergreen tree: fir, cedar, pine, other ____shrubs ____grass ____pasture ____crop or grain ____ Orchards, vineyards or other permanent crops. ____ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ____water plants: water lily, eelgrass, milfoil, other ____other types of vegetation b. What kind and amount of vegetation will be removed or altered? c. List threatened and endangered species known to be on or near the site. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: e. List all noxious weeds and invasive species known to be on or near the site. 5. Animals [help] a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other ________ b. List any threatened and endangered species known to be on or near the site. c. Is the site part of a migration route? If so, explain. d. Proposed measures to preserve or enhance wildlife, if any: SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 7 of 14 e. List any invasive animal species known to be on or near the site. 6. Energy and Natural Resources [help] a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: 7. Environmental Health [help] a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. 1) Describe any known or possible contamination at the site from present or past uses. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. 4) Describe special emergency services that might be required. 5) Proposed measures to reduce or control environmental health hazards, if any: b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 8 of 14 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indi- cate what hours noise would come from the site. 3) Proposed measures to reduce or control noise impacts, if any: 8. Land and Shoreline Use [help] a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: c. Describe any structures on the site. d. Will any structures be demolished? If so, what? e. What is the current zoning classification of the site? f. What is the current comprehensive plan designation of the site? g. If applicable, what is the current shoreline master program designation of the site? h. Has any part of the site been classified as a critical area by the city or county? If so, specify. i. Approximately how many people would reside or work in the completed project? SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 9 of 14 j. Approximately how many people would the completed project displace? k. Proposed measures to avoid or reduce displacement impacts, if any: L. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: 9. Housing [help] a. Approximately how many units would be provided, if any? Indicate whether high, mid- dle, or low-income housing. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. c. Proposed measures to reduce or control housing impacts, if any: 10. Aesthetics [help] a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? b. What views in the immediate vicinity would be altered or obstructed? b. Proposed measures to reduce or control aesthetic impacts, if any: 11. Light and Glare [help] a. What type of light or glare will the proposal produce? What time of day would it mainly occur? b. Could light or glare from the finished project be a safety hazard or interfere with views? SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 10 of 14 c. What existing off-site sources of light or glare may affect your proposal? d. Proposed measures to reduce or control light and glare impacts, if any: 12. Recreation [help] a. What designated and informal recreational opportunities are in the immediate vicinity? b. Would the proposed project displace any existing recreational uses? If so, describe. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 13. Historic and cultural preservation [help] a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? If so, specifically describe. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. 14. Transportation [help] a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 11 of 14 b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate? d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. h. Proposed measures to reduce or control transportation impacts, if any: 15. Public Services [help] a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. b. Proposed measures to reduce or control direct impacts on public service s, if any. 16. Utilities [help] a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other ___________ SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 12 of 14 b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. C. Signature [HELP] The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: ___________________________________________________ Name of signee Marissa Watson Position and Agency/Organization Senior Planner – Mason County Community Development Date Submitted: 09.27.22 D. Supplemental sheet for nonproject actions [HELP] (IT IS NOT NECESSARY to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; pro- duction, storage, or release of toxic or hazardous substances; or production of noise? Staff believes the proposed amendments are not likely to affect discharges to water, emissions to air, production, storage, or release of toxic or hazardous substances or production of noise. In fact, some amendments would require some land uses to be evaluated under stricter scrutiny than already required. Ex.: Dry cleaner facilities are now proposed as use permitted with a special use permit in the Belfair UGA due to the presence of critical aquafer recharge areas in the vicinity. Proposed measures to avoid or reduce such increases are: None proposed at this time, see above. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 13 of 14 Staff believes the proposed amendments are not likely to affect plants, animals, fish, or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: The proposed amendments include greater protection for CARAs by creating an extra level of review for certain land uses. There are also proposed amendments that would require new development within the service area of a group A public water system to hook up to the water system thus fewer private wells drilled which helps to protect the watersheds, streams, and thus fish. The Wetlands chapter of the Mason County Resource Ordinance also proposes greater buffers for category III wetlands when a high level of function occurs for habitat, thus protecting/conserving plants, animals, and fish. 3. How would the proposal be likely to deplete energy or natural resources? Staff believes the draft amendments are not likely to deplete energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: Some of the amendments are intended to protect CARAs and the watershed basins, see previous question. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Staff believes the draft amendments are not likely to affect environmentally sensitive areas or areas designated for governmental protection, such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands. Proposed measures to protect such resources or to avoid or reduce impacts are: As stated earlier, some of the proposed amendments help to further protect CARAs, the watershed basins, and wetland buffers by creating an extra layer of permitting review, the requirement to hook up to a group A public water system, and greater wetland buffers in unique situations around a category III wetland. Mason County contains several wilderness areas, which are owned by the US Forest Service and are permanently protected and not governed by the draft amendments: Olympic Wilderness, Wonder Mountain Wilderness, Buckhorn SEPA Environmental checklist (WAC 197-11-960) July 2016 Page 14 of 14 Wilderness, the Brothers Wilderness, and the Mount Skokomish Wilderness areas. There are no rivers in Mason County designated as ‘wild and scenic’. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Staff believes the draft amendments are not likely to affect compatibility with land and shoreline uses Proposed measures to avoid or reduce shoreline and land use impacts are: None of the proposed amendments affect uses within the shoreline, certain land uses would require an extra level of review in sensitive areas and new development within public water system service areas may be required to hook up to the public system thus relieving the strain on some watersheds. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? Staff believes the draft amendments are not likely to affect transportation. Staff believes the draft amendments may affect but are not likely to affect public services and utilities by requiring development within a group A public water service area to hook up to that system when certain criteria are met. Proposed measures to reduce or respond to such demand(s) are: The draft amendments regarding the requirement to hook up to a group a water system were drafted after discussion with the City of Shelton, County Public Works, and other interested parties in order to make sure potential demand for services can be met or met in reasonable time frame. These parties are also just a few of the parties included in the SEPA review process, as well as notification for comment and public hearings. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The proposal does not conflict with local, state, or federal laws or requirements for the protection of the environment. Any project proposed under these draft amendments must comply with state guidelines. Final adoption of the draft amendments will require approval by the Board of Mason County Commissioners. 09/06/2022 Ms. Marissa Watson Senior Planner Mason County 411 N 5th Street Shelton, WA 98332 Sent Via Electronic Mail Re: Mason County--2022-S-4294--60-day Notice of Intent to Adopt Amendment Dear Ms. Watson: Thank you for sending the Washington State Department of Commerce (Commerce) the 60-day Notice of Intent to Adopt Amendment as required under RCW 36.70A.106. We received your submittal with the following description. Proposed amendments to Mason County Title 17 Zoning Code and minor updates to the Mason County Resource Ordinance We received your submittal on 09/06/2022 and processed it with the Submittal ID 2022-S-4294. Please keep this letter as documentation that you have met this procedural requirement. Your 60-day notice period ends on 11/05/2022. We have forwarded a copy of this notice to other state agencies for comment. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Matt Ojennus, (360) 292-3435. Sincerely, Review Team Growth Management Services STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000 www.commerce.wa.gov Page: 1 of 1