HomeMy WebLinkAbout09-03 - Ord. Amending County Comprehensive Plan, Development Regulations, and Resource Ordinance ORDINANCE NUMBER 09 - 03
AMENDMENTS TO THE MASON COUNTY COMPREHENSIVE PLAN,
MASON COUNTY DEVELOPMENT REGULATIONS,
AND MASON COU NTY RESOURCE ORDINANCE
AN ORDINANCE amending the Mason County Comprehensive Plan policies on Isolated Commercial
and Industrial Areas, and Trails and Parks (Open Space) ; Development Regulations to provide clear
definitions of rural commercial zones, establish a new Rural Commercial 4 and a new Rural Tourist
Campground zone, and revise rezone criteria; and Resource Ordinance changes to change the type 1
waters buffer and modify agricultural exemptions, and designate the Skokomish River valley as an
avulsion risk area and floodway and provide for meaningful dike inspections in the Flood Damage
Prevention Ordinance , under the authority of Chapters 36 . 70 and 36 . 70A RCW .
WHEREAS , the Department of Community Development has prepared ordinance changes to the
Comprehensive Plan and two implementing ordinances that Mason County Department of Community
Development can review and evaluate proposed development that will result in the approval of a project
that is conforming with clear development standards and is not in conflict with existing land uses and
open space and critical areas on Rural Lands ;
Whereas , the County is adopting these changes solely to respond to the Growth Management Hearings
Board's order and Washington State's mandates under the Growth Management Act and the County is not
adopting these regulations for any other reason;
Whereas, the County believes that the County is merely an agent of the State of Washington for purposes
of adopting these ordinances and Mason County believes it is only an agent of the State of Washington,
pursuant to Orion Corp . v. State , 109 Wn . 2d 621 , 747 P .2d 1062 ( 1987) ;
WHEREAS , at the November 18 , December 2 and 16, 2002 , and January 6, 22 , and 27 , 2003 Mason
County Planning Advisory Commission meetings , the proposed ordinance changes in the Mason County
Comprehensive Plan, Mason County Development Regulations, and Mason County Resource Ordinance
were presented, and Planning Advisory Commission members approved a motion to recommend approval
of the proposed Comprehensive Plan policies and implementing ordinance changes ;
WHEREAS , the Board of County Commissioners held a public hearing about the proposed revisions on
January 4 and 11 , 2003 , to consider the recommendations of the Planning Advisory Commission, and the
Mason County Department of Community Development and citizens ' testimony on the proposed
revisions to the Mason County Comprehensive Plan, Mason County Development Regulations , and
Mason County Resource Ordinance;
WHEREAS , the Mason County Board of County Commissioners has approved findings of fact to support
its decision as ATTACHMENT A;
NOW, THEREFORE, BE IT HEREBY ORDAINED , that the Board of County Commissioners of Mason
County hereby approves and ADOPTS amendments to the Mason County Comprehensive Plan policies
on Isolated Commercial and Industrial Areas , and Trails and Parks (Open Space) ; Development
ORDINANCE NUMBER 09 - 03 , page 2
Regulations to provide clear definitions of rural commercial zones, establish a new Rural Commercial 4
and a new Rural Tourist Campground zone, and revise rezone criteria ; and Resource Ordinance changes
to change the type 1 waters buffer and modify agricultural exemptions , and designate the Skokomish
River valley as an avulsion risk area and floodway and provide for meaningful dike inspections in the
Flood Damage Prevention Ordinance, as described by ATTACHMENT B .
DATED this 11 th day of February 2003 .
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST :
k (I'�cHerb e , CH ERSON
Clerk of the Board
APPROVED AS TO FORM :
Wesley E . Johnsonn COMMISSIONER
Prosecuting Attorney 'G� '
Jaynifanim, COMMISSIONER
REVISIONS TO
THE MASON COUNTY COMPREHENSIVE PLAN, AND
DEVELOPMENT REGULATIONS
D MASON COUNTY RESOURCEO INANCE
MASON COUNTY BOARD OF COMMISSIONERS
February 11 , 2003
FINDINGS OF FACT
1 . Under consideration is the proposed Comprehensive Plan policies on Isolated
Commercial and Industrial Areas , and Trails and Parks (Open Space) ; Development Regulations
revisions to provide clear definitions of rural commercial zones , establish a new Rural
Commercial 4 and a new Rural Tourist Campground zone, and revise rezone criteria; and
Resource Ordinance changes to change the type 1 waters buffer and modify agricultural
exemptions, and designate the Skokomish River valley as an avulsion risk area and floodway and
provide for meaningful dike inspections in the Flood Damage Prevention Ordinance .
2 . The Mason County is responding to the Western Washington Growth Management
Hearings Board Findings and Orders of August 2002 to bring the Comprehensive Plan and
implementing Development Regulations into compliance . The proposed revisions are presented
to assure that all Growth Management Act goals are being met to protect open space areas; and to
encourage urban growth where services are available and reducing the conversion of land to low.
density sprawl development, as well as protecting critical areas and their important functions .
3 . The Mason County Department of Community Development staff have presented
proposed changes in the Comprehensive Plan policies , Development Regulations, and Resource
Ordinance to better address the review of development and protection of rural character and
critical areas, while meeting compliance with the goals of the Growth Management Act.
4 . At the November 18 , December 2 and 16, 2002 , and January 6 , 22 , and 27, 2003 Mason
County Planning Advisory Commission meetings , the Department of Community Development
presented the proposed changes in the Mason County Comprehensive Plan, Mason County
Development Regulations, and Mason County Resource Ordinance . Planning Advisory
Commission members discussed the proposed changes and received public testimony . The
Planning Advisory Commission made a motion to recommend approval of the proposed changes
to these policies and regulations .
5 . At the February 4 and 11 , 2003 County Commissioners public meeting, the Department
of Community Development presented a report on how Mason County responded to the Findings
and Orders of the Western Washington Growth Management Hearings Board, the
recommendation of the Planning Advisory Board concerning the Comprehensive Plan policies ,
Development Regulations , and Resource Ordinance, and additional changes to those
recommendations . Public testimony on the proposed ordinance changes was also stated .
FROM THE PRECEDING FINDINGS , the Mason County Board of Commissioners adopts a
motion to approve the proposed revisions made by Department of Community Development staff
I
n the Mason County Comprehensive Plan policies on Isolated Commercial and Industrial Areas,
Proposed Findings of Fact by the Board of Commissioners
and Trails and Parks (Open Space) ; Mason County Development Regulations (rural commercial
and rural tourist zones, and rezone criteria), and the Mason County Resource Ordinance (Fish and
Wildlife Habitat Conservation Areas , and Flood Damage Prevention Ordinance) .
Chair, Mason County Board of Commissioners Date
Proposed Findings of Fact by the Board of Commissioners
ORDINANCE
s
FEBRUARY 11 , 2003
AMENDMENTSTHE MASON COUNTY
COMPREHENSIVE PLAN, DEVELOPMENT REGULATIONS , AND
RESOURCE OIAC
ATTACHMENT B
1 ) Comprehensive Plan : Policies on Isolated Commercial / Industrial Uses and Policies
on Parks and Trails . (0240- 03 version)
2) Development Regulations : Section 1 . 02 . 040 (Rural Lands) and Section 1 . 02 . 060
(Development Areas Map) . (February 10, 2003 changes)
3 ) Development Regulations : Development Standards under Chapter 1 . 04 for Rural
Commercial (Section 1 . 04 . 300) and Rural Tourist (Section 1 . 04 . 600) ; and new and
revised definitions in Chapter 1 . 06 . (proposed 0240- 03 version)
4) Development Regulations : Chapter 1 . 05 . 080 Rezone Criteria. (0240-03 version)
5 ) Development Regulations : Table A : Parcels With Non-Residential Land Uses in the
Rural Area of Mason County. February 2003 . (revised Feb . 3 , 2003 )
6) Development Regulations : Memorandum : Boundaries of Designated Deer Creek
Hamlet. Dept . Of Community Development to County Commissioners . February 11 ,
2003 . (with set of three maps)
7) Development Regulations : Memorandum : Boundaries of Designated Hamlets . Dept.
Of Community Development to County Commissioners . January 31 , 2003 . (with set of
three maps)
8) Resource Ordinance : Mason County Flood Damage Prevention Ordinance . Changes
affecting the Skokomish River valley. (DCD Feb . 2003 version)
9) Resource Ordinance : Section 17 . 01 . 110 Fish and Wildlife Habitat Conservation
Areas . Excerpts of ordinance on buffers, development permits , and exemptions .
(February 10 , 2003 version)
ATTACHMENT
Mason County Comprehensive Plan February 2003 Planning Policies
Page III- 3 . 6
Isolated Commercialllndustrial Uses
RU-210 Create a land use designation that identifies Isolated Rural
Commercial/Industrial uses and designate based on the following criteria:
commercial/industrial stand-alone uses or a small group of associated uses , limited
area/limited ownerships per business , only residential uses on premises are associated
with private residences of owners/managers, do not require urban services , will not
induce urban growth, boundaries can contain uses to reduce the potential for sprawl, have
been in existence in since July 1 , 1990, and are located at least one mile from an already
existing similar designated use . (adopted May ], 2000)
RU-211 Designate Isolated Rural Commercial/Industrial Uses on the
Comprehensive Plan Land Use map , with types of uses allowed and boundaries of those
uses based on the following criteria : the need to preserve the character of existing natural
neighborhoods and communities, physical boundaries such as bodies of water, streets ,
and highways , and land forms and contours , the prevention of abnormally irregular
boundaries, the ability to provide public facilities and public services in a manner that
does not permit low-density sprawl, and the boundaries are based on the built
environment of this use/area as it existed on July 1 , 1990 , Examples include : Bucks
Prairie, Bear Creek, Benson/Woodland market, Dalby, Eldon, Happy Hollow, Lake
Cushman, Lake Limerick, Park Place, Purdy Canyon, Nahwatzel, Stretch Island Fruit,
Sunset Beach, and the Union Gas Station. (adopted May 1, 2000)
RU-211 a Isolated Rural/Commercial/Industrial Uses and Tourist/Recreational Uses
not mapped during this Comprehensive Plan amendment, may request such mapping
within 180 days of the passage of this amendment, or subsequently as part of the annual
amendment process . (adopted May 1, 2000)
RU 212 Resource based industries in rural lands existing as of July 1990 may be
considered for designation for rural industrial use rather than only as for resource based
industrial use . In such cases the designation will be limited to the lot or lots on which the
buildings and other improvements existed as of 1990, and the area allowed for rural
industrial use shall be no greater than the approximate area of the existing structures and
improvements . (adopted March S, 2002)
RU 212a New resource based industries can be established in the rural lands when
the land is designated as Rural Natural Resource . Designation criteria for Rural Natural
Resource districts include : development of the site is not expected to not have significant
environmental impacts , the site is not adjacent to existing rural residential development at
densities greater than one house per 5 acres , there will be no unmitigated impacts to
DCD proposed 024M3 version
critical areas, the site has adequate access to public roads, and designation of the site will
not change the rural character of the area by being located in proximity to other more
intensive development . These criteria are to be used in conjunction with other policies 1/4
and goals of the plan in making the decision on whether to designate a site . (adopted
March 5, 2002)
RU-213 Establish a process for reviewing requests for LAMIRD boundary and use
designation for isolated commercial/industrial uses (non-resource related) that includes
the following criteria :
a) 1 , 199 .0
,, loss . Sties. b ,,, , ,.. a rios would snit r,-epei y owner-ship .
b) The request fits with industrial/commercial needs established in an adopted industrial
needs study or an adopted economic development plan for the County.
c) 0 9 1990
d) New use would not be incompatible with existing rural uses .
e) New b ^tmdar y an e use would not jeopardize open space and recreational areas
identified in the County' s open space plan.
f) New use can meet critical areas ordinances and other applicable
environment protection regulations .
g) New b use will not require urban services or act as an inducer to low
density sprawl development .
h) New betmdafy an use will not require additional transportation facilities or reduce
existing transportation facilities below an accepted level of rural service .
i) New boundary an use can be made visually compatible with the surrounding rural
area.
j ) New boundary an&o use avoids creating new nonconforming uses .
(adopted May 1 , 2000)
0
mefe than 30 aeres to its area. GFitefia feF evaluating the speeial use should be based 0
DCD proposed 02- 10-03 version
Mason County Comprehensive Plan - February 2003 Planning Policies
f
Page III-6 . 4
Parks and Trails
OS - 600 Parks and recreational facilities should prohibit the use of off-road-
vehicles (ORV) unless the facility is specifically designed for those
activities (Mason County Parks, Recreation and Open Space
Comprehensive Plan) . (adopted April 1996)
OS - 601 Conserving natural open space and significant cultural resources for
recreational opportunities should be considered in parks projects .
(adopted April 1996)
OS -602 Trails should be constructed to provide for the growing population of the
County (Mason County Parks, Recreation and Open Space
Comprehensive Plan) . (adopted April 1996)
OS - 603 Trails should traverse areas of natural beauty, historic significance or other
special interest but in no way destroy or degrade the naturalness or
character of the surrounding area. (adopted April 1996)
OS - 604 Rail road right-of--way through Mason County are suitable corridors for
open space between and within urban growth areas . Should the
opportunity arise, such as through abandonment of the rail road line, then
Mason County should pursue acquisition of the right-of-ways for use for
trails, open space, bike trails or other suitable recreational applications .
Right-of-ways should also be preserved for potential transportation
purposes , rather than divided and lose utility. (adopted April 1996)
Consistent with the counties transportation and open space policies , the Belfair By-Pass
will provide a bicycle/pedestrian trail parallel to the county road, connected to State
Route 3 north or the Belfair UGA, continuing through the UGA, to re-connect with State
Route 3 south of the UGA .
Connecting with this route is a proposed corridor that would run from the north end of
North Bay, up Coulter Creek for less than %2 mile until it turns west to the north end of
Devereaux Lake, where it turns north until it reaches the Hood Canal at Lynch Cove .
The route would provide a connection between the Puget Sound and Hood Canal . With a
trail along North Bay or the North Bay Road, it could provide a trail/open space
connection between the Allyn and Belfair UGAs by way of the Belfair Bypass trail .
Called the Lake Devereaux Region Corridor by the Allyn Sub-Area Plan Committee, a
community planning group , this route and some associated open space areas around the
DCD proposed 02- 10-03 version
trail would be the highest priority for open space corridors and buffers , creating a
permanent separation between the two UGAs . The route also enhances public access to
shorelines and promotes other important purposes .
A second option identified by the Allyn Sub -Area Plan Committee is the Coulter Creek
and the West Side of Coulter Creek Region Corridor. This route would follow Coulter
Creek further to the north before turning west and connecting to the Theler Wetlands,
Hood Canal, and Springwater Creek .
A third option identified by the Allyn Sub -Area Plan Committee is the Fern/Koeneman
Lake Wildlife Area Region Corridor would not separate the Allyn UGA from Belfair
UGA, but might be considered if Kitsap County proposes designating new UGA areas
east of Allyn and Belfair.
OS -605 An Open space corridors shall be designated northward between the urban
growth areas of Allyn and Belfair, and southward between the urban
growth areas of Allyn and Shelton, by including a 200 foot width on each
side of the easement along the railway, natural gas, and electric
transmission right-of--ways between the Shelton and Belfair Urban Growth
Area. (originally adopted March 2002)
OS -606 Two undeveloped lots under Mason County ownership should be
developed as community parks under Mason County Parks Department
management . These properties (one within the Union RAC and the other
at Latimer ' s Landing near Harstine Island) should be mapped on the
counties future open space map to identify them for further planning and
possible development as open space community parks by the county,
working in partnership with other agencies and adjacent land owners .
(adopted March 2002)
DCD proposed 02 - 10-03 version
ATTACHMENT
L029040 Rural Lands
Rural land uses are divided into eleven 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 sustain. ability of existing commerce which provide needed jobs , goods and services t 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 .
1 . 01041 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 .
A . Rural Residential 2 . 5 (RR 2 . 5 )
This district provides for new residential subdivision, which exceeds a density of 2 . 5 acres
per residential lot, and where areas of small lot residential development and subdivisions
patterns were established before December 5 , 1996 .
Be Rural Residential 5 (RR 5 )
This district provides for new residential subdivision on parcels of 5 acres or more .
C . Rural Residential 10 (RR 10)
This district provides for new residential subdivision on parcels of 10 acres or more .
D . Rural Residential 20 (RR 20)
This district provides for new residential subdivision on parcels of 20 acres or more .
E . Rural Multi-Family (RMF)
This district provides for existing multi-family residential development including mobile
home parks .
L01043 Rural Commercial
T-heFe are dffee types of Rufal Commer-eial distriets . These distfiets pr-evide for- a variety 0
V Vllllll Vi Vi Wi WiVWU 1V11VVtlllb 411V diversitying business areas .
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(S) (d) (i) ("DI 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, 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(14), 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, 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.
MASON COUNTY DEVELOPMENT REGULATIONS February 10, 2003 changes
Page 1 new text sh4kee t
k Rural Commercial 1 (RC 1 ) (See Section 1 . 04. 320)
development,This distriet ineludes very small'. . ..,as of eammefeial often a single ,
Be Rural Commercial 2 (RC 2) (See Section 1 . 04. 330)
C . Rural Commercial 3 (RC 3 ) (See Section 1 . 04. 340)
D. Rural Commercial 4 (RC 4) (See Section 1 . 04. 350)
L01045 Rural Industrial
The Rufal hqdustfial (R4) distfiet provides for- isolated areas of primarily existing industrial
type-yes.
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), 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, 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 . 01046 Rural Natural Resource
The Rural Natural Resource (RNR) district provides for isolated areas of resource based
I
ndustry outside of the designated resource lands .
1 . 01047 Rural Tourist
p
The Rural Tourism (RT) and Rural Tourist we 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 RA Cs, hamlets, ICIAs, and other areas designated under RCW 36. 70A . 070(5) (d) (i)
("DI 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, 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 . 03O(14), 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, height, and floor to area ratios in such a way
MASON COUNTY DEVELOPMENT REGULATIONS February 10, 2003 changes
Page 2 new text s*-� ,4
as to be appropriate for the rural areas. Public services and facilities shall not be provided
so as to permit low intensity sprawl.
1001048 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 .
L02. 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.
1 . 01060 Development Areas Map
The Develepmei4 A&eas Map attaehed hereto is adopted as the Offieial Map of Mason GeuvAy. The
location and boundaries of the development area districts established by this Title are as indicated
on a series of maps entitled "Official Development Areas Maps I to 6, Mason County, Washington ';
a copy of which shall be on file in the Mason County Department of Community Development.
These 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 designations for parcels in Table A, "Parcels with Non-residential Land Uses in the
Rural Area of Mason County, February 2003 '; adopted under Ordinance No. 09- 03, are adopted
and are part of this chapter. The boundaries of the zoning shall be the boundaries of the tax parcel
as shown on Table A . Where two or more parcels are adjacent, or across a right of way from each
other, and are designated as a LAMIRD under RCW 36. 70A . 070(S) (d) (i), the logical outer
boundary shall be the outermost boundaries of those parcels. The zoning designation on the
Development Areas maps and Table A are deemed to be the original zoning designation of those
parcels. The zoning designation of those rural parcels is based on their use as of July 1, 1990. All
future rezones in the rural area 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 .
The boundaries and locations of all Development Areas within the County shall be as shown on this
map ; however, where land use designations shown do not reflect the latest use designations , then
the latest use designations shall control pending revision of the Development Areas Map . Wherever
possible, boundaries shown on the map 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 map , using the best
information available . The Agricultural Resource Lands are designated on the official Mason
County map titled, "Mason County Agricultural Resource Lands " and replace the rural area
designations and overlay the urban growth area designations on the Development Areas Map .
MASON COUNTY DEVELOPMENT REGULATIONS February 10 , 2003 changes
Page 3 new text stikee44ex4
. 01062 Uncertainty of boundaries®
When uncertainty exists as to the boundaries of areas as indicated on the Development
Areas map , the following rules shall apply:
A . 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.
Be 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.
C. 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.
D. 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.
9
alleys E)F highways shall be
Be Beundar-ies indieated as approximately following lot lines shall be eonstfued as
following sueh lot line&.
E. Distances not specifically indicated on the map shall be determined by applying the
scale of the map, and scaled to the nearest foot.
F. Where a boundary line divides a lot of single ownership , the less restrictive
development requirements shall apply; provided, however, that the lot has street
frontage in the less restrictive Development Area. If the lot has no frontage in the
less restrictive development area, then the regulations for that portion of the property
where street frontage exists shall govern the entire parcel .
L01064 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 1 . 05 . 079 .
Be 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,
ir
sw � jg. New
Q ^ srdav�
MASON COUNTY DEVELOPMENT REGULATIONS February 10, 2003 changes
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ATTACHMENT
L04 00 RURAL COMMERCIAL
L0 .320 Rural Commercial 1 C 1 )
1 . 0 .321 Purpose. (See Section 1 . 02. 043)
This distr-iot inesludes very small areas of e � pvep ; eql 9 often en a single 9
1 . 04 . 322 Uses Permitted.
A . USES PERMITTED WITH SPECIAL USE PERMIT. Convenience/general store,
Gas , Restaurant, Bed and breakfast, Laundry
Be ACCESSORY USES : Owner occupied residential.
1 . 04.323 Lot Requirements .
A Density. 1 owner/manager occupied residence per lot. Lot size. Dependent on
subject property location.
Be 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 50 feet; designate
limited and safe access(es) to roads .
C . Front yard setback. 15 30 feet .
D . Side and rear yard setbacks . -5 25 feet on „ terior lots adjaee„ t to other ^ a
designations ,lots . AdjaeepA to other- land use
the side sethaek shall be 10 feet and the re
sethaek shallbe 20 root AtmiaifnumFBuffer plantings shall be required in at least the first
5 10 feet of this setback.
1 . 04 . 324 Building Regulations .
A . Floor Area Ratio . 1 : 5 , except for fire stations .
Be Size . 4 , 500 sq . feet maximum except for dwellings .
C . Height . Two floors not to exceed 35 feet maximum except for agricultural buildings ,
antennas , or water tanks .
L04 .325 Signs .
R€ SERALED-. Signs are limited to : 1) a sign attached to the building with an area not to
exceed 10 percent of the area of the building face, and 2) a detached sign with an area size
not to exceed 10 percent of the building face, that is free-standing, and with a height
maximum of 25 feet or height of building, whichever is less. No flashing signs, or animated
or moving signs are allowed.
1 . 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 .
MASON COUNTY DEVELOPMENT REGULATIONS DCD proposed 02- 10-03 version
Page 1 new text &•wkeee*
L0 .330 Rural Commercial 2 (RC 2)
1 . 0 . 331 Purpose. (See Section 1 . 02. 043)
Y1 . 04. 332 Uses Permitted. 1
A. USES : Convenience/general store, Ge-s Retail, Restaurant, Small office, Selz` ge,
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 .
Be USES PERMITTED WITH SPECIAL USE PERMIT: Gas, Self storage.
1 . 04.333 Lot Requirements.
A. Density. 1 eed residence per lot . Lot size . Dependent on subject property
location.
Be 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 50 feet; designate limited and
safe access (es) to roads .
C . Front yard setback. 4-5 30 feet .
D . Side and rear yard setbacks . 15 feet for lots contiguous to lots zoned commercial or
industrial use; otherwise, 25 feet. .
Adjaeenl to other- land use designatiens, the side sethaek shall be 10 feet and the fear- sethaek
shallbe 'fin feet . At ,-,, ; ,, ; ,,, , , ,,, , Buffer plantings shame required in the first -5 10 feet of this
setback.
1 . 04, 334 Building Regulations .
A . Floor Area Ratio . 1 : 5 , except for fire stations .
Be Size . Maximum of 4;500 sq . feet for single tenant and 7 , 500 sq . feet for multiple tenant;
no maximum for dwellings .
C . Height. Two floors not to exceed 35 feet maximum except for agricultural buildings ,
antennas , or water tanks .
1 . 04 . 335 Signs.
RESER r�r, Signs are limited to : 1) a sign attached to the building with an area not to exceed
10 percent of the area of the building face, and 2) a detached sign with an area size not to
exceed 10 percent of the building face, that is free-standing, and with a height maximum of 25
feet or height of building, whichever is less. No flashing signs, or animated or moving signs are
allowed.
1 . 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 .
1 . 04 .337 Special Provisions .
RESERVED
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1 . .30 Rural Commercial 3 C 3)
1 . 04.341 Purpose. (See Section 1 . 02. 043)
serviees < ,t, ie sti ff ' ,- ding Pff t residents ., well as tourists.
1 . 04 . 342eses Permitted.
A. USES : Convenience/general store, Gas, Retail, Restaurant, Small
office, ce' ��age�, 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, Single-family residential accessory use or apartment.
Be 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.
1 . 04. 343 Lot Requirements .
A . Density. 1 owner eeeup residence per lot .
Be 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
50 feet; designate limited and safe access(es) to roads.
C . Front yard setback. 4-5 30 feet.
D . Side and rear yard setbacks . 15 feet for lots contiguous to lots
zoned commercial or industrial use; otherwise, 25 feet. 5 feet o inte, ior- ' is
adjaeent to othe. lots . AdjaeepA to otheF land use designations , the side
sethaek shall be 10 feet and the r-eaf sethaek shall be 20 feet . At , Buffer
plantings shall be required in the first -510 feet of this setback .
1 . 04. 344 Building Regulations .
A. Floor Area Ratio . 1 : 3 , except for fire stations .
Be Size . 7 , 500 sq . feet maximum .
C . Height . Two floors not to exceed 35 feet maximum except for
antennas or water tanks .
1 . 04. 345 Signs .
RESERAIR Signs are limited to : 1) a sign attached to the building with an area
not to exceed 10 percent of the area of the building face, and 2) a detached sign
with an area size not to exceed 10 percent of the building face, that is free-standing,
and with a height maximum of 25 feet or height of building, whichever is less. No
flashing signs, or animated or moving signs are allowed.
1 . 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 .
1 . 04. 347 Special Provisions .
RV parks existing ., t the date fDeyei ,,,,,Y, e„ A ve ,., , i Lions60 ., i . ,
with the existing standards of the Mobile Heffl..� -and Reer-eational Vehiele Pafks.
MASON COUNTY DEVELOPMENT REGULATIONS DCD proposed 02- 10-03 version
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9rdinanee . FM parks r- a thisa
c®z�a�cft« 4«a�a a� shall complywith the
following additional standards :
A. No recreational vehicle shall remain in the RV park for rental purposes or for a
time period of more than 120 consecutive days and 180 days in a 360 day period
(this standard applies to new occupants at existing mobile home and recreational
vehicle parks, and to new mobile home and recreational vehicle parks) . The RV
park management shall maintain daily 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 .
B . 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 .
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1* 049350 RURAL COMMERCIAL 4 (RC 4)
1. 04. 351 Purpose. (See Section 1 . 02. 043)
•
1. 04. 352 Uses Permitted.
A . USES: Convenience/general store, � Retail, Restaurant, Small office, Self
s-ter-a-ge,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, Single family
residential accessory use or apartment.
Be 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.
1. 04. 353 Lot Requirements,
A . Density. 1 w vrf e�;oEeup-ied residence per lot.
Be 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 50 feet;
designate limited and safe access (es) to roads.
C. Front yard setback. 15 30 feet.
D. Side and rear yard setbacks. 15 feet for lots contiguous to lots zoned commercial
or industrial use; otherwise, 25 feet. Sf et on interier leis j:aee nt to other
eemmeiveial lots. Adjaeent to ether land use designations, the side sethaek shag be
to � t and tz tz, v . > . n be 20 � t At w Buffer plantings l
1 V JGGL I.L( LI.4 LLLG rear JGLVI.t N^,
be required in the first 5 10 feet of this setback.
1. 04. 354 Building Regulations.
A . Floor Area Ratio. 1 : 20, except for fire stations.
Be Size. 7, 500 sq. feet maximum .
C. Height. 35 feet maximum except for antennas or water tanks.
1. 04. 355 Signs.
Signs are limited to : 1) a sign attached to the building with an area not to exceed
10 percent of the area of the building face, and 2) a detached sign with an area
size not to exceed 10 percent of the building face, that is free-standing, and with a
height maximum of 25 feet or height of building, whichever is less. No flashing
signs, or animated or moving signs are allowed.
1. 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.
1. 04. 357 Special Provisions.
R V parks
,Or&nan Av r uv. a fi 4 tz. ; a t r , , epti ~ shall comply with the
following additional standards :
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A . No recreational vehicle shall remain in the RV park for rental purposes or for
a time period of more than 120 consecutive days and 180 days in a 360 dayr¢ ,
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 R V park management shall maintain daily 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.
B. 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.
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1 . . 600 RURAL TOURIST ( T)
1 . 04 . 601 Purpose. (See Section 1 . 02. 047)
The Rural Tourism (PT) di n+*4 et provides small seale r-eereational and tetiris
related aetivities in addition to tangential eea*nereial senriees to tourists and.
1 . 04 . 602 Uses Permitted.
USES : Marina - Sales , Service and Storage, Lodging facilities , including motel,
RV park, Campgrounds , and Bed and breakfast, Golf course, Detail a,
storage-,-Restaurant, Retreat centers , Outdoor recreation.
ACCESSORY USES : Employee housing; Retail and Gas (1 , 000 sq. ft. maximum
building size); Self Storage (Contained space has 1, 000 sq. ft. maximum building
size; outdoor storage limited to recreation storage)
1 . 04 . 603 Lot Requirements .
A. Density and 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 50 feet ;
designate limited and safe access(es) to roads .
C . Front yard setback. 4-5 30 feet .
D . Side and rear yard setbacks . 15 feet for lots contiguous to lots zoned
commercial or industrial use; otherwise, 25 feet. 5 feet en interior lots adjaee„ A to
other eonifnereial lots . Adjaeent to other land ttse designations, the side sethaek.
shall be 10 feet andthe rear- sethaek shall be 'fin feet. n4minimum, Buffer
plantings shy be required in the first 5 10 feet of this setback.
1 . 04 . 604 Building Regulations .
A . Floor Area Ratio . 1 : 5 in Rural areas or 1 : 3 in RC3 , except for fire stations .
B . Size . 5 , 000 sq . ft . maximum or reviewed by RV Park or Special Use Permit.
C . Height . Two floors not to exceed 35 feet maximum except for agricultural
buildings , cell towers , antennas, or water tanks , or as reviewed by Special Use
Permit .
1 . 04 . 605 Signs .
For bed and breakfasts , signs are limited to 6 sq . ft. in size and tmlighted; ethe
^ , ffire reviewed at eaeh prop ^ ' . Signs are limited to : 1) a sign attached
to the building with an area not to exceed 10 percent of the area of the building
face, and 2) a detached sign with an area size not to exceed 10 percent of the
building face, that is free-standing, and with a height maximum of 25 feet or
height of building, whichever is less. No flashing signs, or animated or moving
signs are allowed.
1 . 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 , 1 stall for each bedroom shall be provided .
1 . 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
MASON COUNTY DEVELOPMENT REGULATIONS DCD proposed 02- 10-03 version
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related to recreational and tourist activities and/or to commercial services to
tourists and adjacent rural populations . r i
Be RV parks o ; �+; ,, , + +i, o as +o fr, o„oi +_ i� o ., , , , + ,,,, � iiW)Ptiefl
Darlasr-d RAI parks reviewed after- this plate of ar7 .�.ptiov
�O�ic® . shall comply
with the following additional standards :
1 . No recreational vehicle shall remain in the RV park for rental purposes or for
a time period of more than 120 consecutive days and 180 days in a 360 day period
(this standard applies to new occupants at existing mobile home and recreational
vehicle parks, and to new mobile home and recreational vehicle parks) . The RV
park management shall maintain d i4y 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 .
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1. 04. 610 RU L TOURIST — CAMPGROUND (RTC)
1. 04. 611 Purpose. (See Section 1 . 02. 047) "
)
44
/ u L4 .
1. 04. 612 Uses Permitted.
USES: Lodging facilities, including RV park, and campgrounds, Golf course,
retreat centers, and outdoor recreation .
ACCESSORY USES: Employee housing; motel and bed and breakfast; Marina -
sales, service and storage; retail, gas, self storage, restaurant,
1. 04. 613 Lot Requirements.
A . Density and 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 50 feet;
designate limited and safe access (es) to roads.
C. Front yard setback. 44 30 feet.
D. Side and rear yard setbacks. 15 feet for lots contiguous to lots zoned
commercial or industrial use; otherwise, 25 feet. sf et eH int,.rier 'et. a: ,,eeH
te other eemmereial lets. Adjaeent to other land use designatiens, Me si
, Buffer
plantings shall be required in the first -5 10 feet of this setback.
1. 04. 614 Building Regulations.
A . Floor Area Ratio . 1 : 20 5 in Rural areas, except for fire stations.
B. Size. 5, 000 sq. ft. maximum or reviewed by RV Park or Special Use Permit.
C. Height. Two floors not to exceed 35 feet maximum except for agricultural
buildings, cell towers, antennas, or water tanks, or as reviewed by Special Use
Permit.
1. 04. 61 S Signs.
For bed and break)castsy signs are limited to 6 sq. in s�ze and unh&e&,w othe
u . ., ed at e eh 19ropesal. Signs are limited to : 1) a sign
attached to the building with an area not to exceed 10 percent of the area of the
building face, and 2) a detached sign with an area size not to exceed 10 percent
of the building face, that is free-standing, and with a height maximum of 25 feet
or height of building, whichever is less. No flashing signs, or animated or
moving signs are allowed.
1. 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, I stall for each bedroom shall be provided.
1. 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
MASON COUNTY DEVELOPMENT REGULATIONS DCD proposed 02- 10-03 version
Page 9 new text 4;1 �
proposed use related to recreational and tourist activities and/or to commercial
services to tourists and adjacent rural populations. tp
B. R V parks
shall comply
with the following additional standards:
1 . No recreational vehicle shall remain in the RV park for rental purposes or for
a time period of more than 120 consecutive days and 180 days in a 360 day
period (this standard applies to new occupants at existing mobile home and
recreational vehicle parks, and to new mobile home and recreational vehicle
parks) . The RV park management shall maintain daily 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 R V park as a permanent
structure for limited use.
1 . 06 Definitions .
Add to text :
Building faces The wall on the side of the building facing the road accessing
the property; the size of sign is the portion (i. e. 10 percent) of the area value
resulting from the product of the wall height times the wall width.
Recreation storage: The storage of recreational vehicles, boats, boat trailers,
camper trailers, personal water craft, and similar outdoor recreational
equipment.
Retail : The selling of goods or merchandise to the public use 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.
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ATTACHMENT
SOFT COUNTY DEVELOPMENT REGULATIONS
Chapter 1 .05 Adnunistrative Procedures® i
1 . 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.
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.
S. 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 pen 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 .
Rezone criteria Feb 10 2003 1
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 (5) per calendar year and the total amount of acreage subject to rezoning
shall not exceed fifty (50) acres, except for errors in original zoning, as specified in
criteria 8 above. 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 MCC 1 . 06 , be isolated as
required by RCW 36 . 70A. 070(5 )(d) , and may not occur within 1 /2 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 .
Rezone criteria Feb 10 2003 2
AXTACHMENT B
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DEPARTMENT I T
Planning -
Mason County Bldg. 1 411 N . 5th
P.O. Box 279 Shelton, WA 98584
(360) 427-9670 Belfair (360) 2754467 Elma (360) 482 - 5269 Seattle (206) 464 -6968
February 11 , 2003
MEMORANDUM
To : Mason County Board of Commissioners
From : Department of Community Development staff
RE : BOUNDARIES OF DESIGNATED DEER CREEK HAMLET .
Based upon the comments made at the Board of County Commissioners public hearing
on February 4 , 2003 , Mason County Department of Community Development revises the
boundary of the Deer Creek Hamlet to include an additional parcel that is contiguous to a
Hamlet parcel that was zoned Rural Commercial 2 . That parcel, PN 32136-24-04020, is
located where no critical areas are apparent and is adjacent to existing commercial
development on the south and east sides . Although the parcel is now inside of the
Hamlet boundary, the zoning designation of this parcel remains Rural Residential 5 .
The listing of the parcels in the three designated Hamlets (Bayshore, Deer Creek, and
Spencer Lake) , as noted in the January 31 , 2003 memorandum, will now include Parcel
32136 -24- 04020 in the Deer Creek Hamlet. The three new hamlet maps , with the revised
logical outer boundaries , are included at the end of this memorandum as the new
recommended Hamlet boundary designations final on this date .
Hamlet Boundaries Designation to County Commissioners F'eb . 10, 2003
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MASON COUNTY I ATTACHMENT
DEPARTMENT OF COMMUNITYDEVELOPMENT
Planning
Mason County Bldg , 1 411 N . 5th
P.O. Box 279 Shelton , WA 98584
(360) 427-9670 Belfair (360) 275 -4467 Elma (360) 482-5269 Seattle (206) 464-6968
January 31 , 2003
MEMORANDUM
To : Mason County Board of Commissioners
From : Department of Community Development staff
RE : BOUNDARIES OF DESIGNATED HAMLETS .
On December 16 , 2002 , following the discussion of public comments received from the Draft
Supplemental Environmental Impact Statement prepared by Mason County, the Mason County
Planning Advisory Commission adopted a recommendation to revise the boundaries of the
Bayshore, Deer Creek, and Spencer Lake hamlets to include the following parcels within the
logical outer boundaries of these three hamlets :
Bayshore :
32003-00-02000 32003-33-60000 3200343-00080 3200343-00120
32003-31 -00010 32003-42-00012 3200343-00090 32003-50-xxxxxx
32003-31 -00090 3200342-00020 3200343-00100 32003- M1905
32003-32-00000 3200342-00030 3200343-00110
Deer Creek :
32136-24-03010 32136-24-03070 32136-38-00061
32136-24-03020 32136-24-03080 32136-38-00062
32136-24-03030 32136-24-03090
32136-38-00010
Planning Advisory Commission Hamlet Recommendations to County Commissioners 1
Spencer Lake :
2212M4-90010
22129-34-90020
22129-34-90040
22129-34-90050
2212M4-90060
22129-53-00001
22129- M0002
22129- M0003
22129- M0004
22129- M0005
22129- M0006
2212MM0007
The public comments made focused on the nearby stream and shoreline critical areas and
the potential impacts if currently residential zoned parcels within the hamlets are rezoned
to non-residential land uses . The parcels outside of the new logical outer boundaries
would have the Rural Residential 5 land use zone, as adjacent parcels now have .
The three new hamlet maps , with the revised logical outer boundaries, are included at the
end of these recommendations .
Planning Advisory Commission Hamlet Recommendations to County Commissioners
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ATTACHMENT
MASON COUNTY FLOOD DAMAGE PREVENTION ORDINANCE
SECTION 1 . 0
STATUTORY AUTHORIZATION, PURPOSE, AND OBJECTIVES
1 . 1 STATUTORY AUTHORIZATION
The Legislature of the State of Washington has delegated the responsibility to local
governmental units to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry. RCW 36 . 70A . 060 and RCW 36 . 70A. 170 provides for the
designation and regulation of Frequently Flooded Areas , and RCW 86 . 16 provides for the
administration of national flood insurance program regulation requirements by local
governments . This ordinance as adopted and amended shall be known as the Mason
County Flood Damage Prevention Ordinance .
1 . 2 PURPOSE
1 . 2 - 1 Background : The flood hazard areas of Mason County are subject to periodic inundation
which can result in loss of life and property, health, and safety hazards , disruption of
commerce and governmental services , extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which adversely affect the
public health, safety, and general welfare . These flood losses could be exacerbated by the
cumulative effect of obstructions in areas of special flood hazards which increase flood
heights and velocities , and when inadequately anchored, damage uses in other areas .
Uses that are inadequately floodproofed, elevated, or otherwise protected from flood
damage also contribute to the flood loss .
Mason County has prepared this flood damage prevention ordinance to implement
comprehensive flood control measures that are necessary for public health safety and
welfare and that allow property owners to protect their property. Additional information
about the Skokomish River valley has been developed through recent studies , and such
data is relevant to this ordinance . The Skokomish River Comprehensive Flood Hazard
Management Plan, February 1997 was adopted and contains a hydraulic study and
recommendations for density based floodplain development regulations in the Skokomish
River Valley. The engineers Skillings-Connolly have completed the Draft Lower South
Fork and Upper Skokomish River Hydraulic and Geomorphic Analysis (August 1997) ,
the Discussion of Skokomish River Valley Flood and Avulsion Hazards ( September
1997) , and the South Fork of the Skokomish River and Vance Creek Hydraulic and
Geomorphic Analysis and Recommendations for Action (June 1999 , revised September
1999) that include the general documentation of the existence of flood hazard risk areas .
Further studies in the Skokomish River floodplain are currently being undertaken under
the authority of the Army Corps of Engineers .
1 . 2 .2 It is therefore the purpose of this ordinance to promote the public health, safety, and
IICLUSTERI_HOME SERVERIHOMEIDCCOMMOMGMSHAREIDEV-REGSI2002TDPODCD Feb 03. doc 1
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Mason County Flood Damage Prevention Ordinance Feb . 2003 version (DCD)
general welfare, and to minimize public and private losses due to flood conditions in
specific areas by provisions designed :
( 1 ) To protect human life, health and property;
(2) To minimize expenditure of public money and costly flood control projects ;
(3 ) To minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public ;
(4) To minimize prolonged business interruptions ;
(5 ) To minimize damage to public facilities and utilities such as water and gas mains ,
electric telephone and sewer lines , streets, and bridges located in areas of special
flood hazard;
(6) To help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight
areas ;
(7) To ensure that potential buyers are notified that property is in an area of special
flood hazard; and
(8) To ensure that those who occupy the areas of special flood hazard participate,
along with government, in assuming responsibility for their actions .
(9) To allow individuals to protect their life, health, and property when it is done in
accordance with all applicable laws and regulations .
( 10) Implement applicable recommendations of Skokomish River Comprehensive
Flood Hazard Management Plan , Draft Lower South Fork and Upper Skokomish
River Hydraulic and Geomorphic Analysis, Discussion of Skokomish River Flood
and Avulsion Hazards and South Fork of the Skokomish River and Vance Creek
Hydraulic and Geomorphic Analysis and Recommendations for Action .
( 11 ) Provide for continued eligibility for FEMA Flood Insurance Program
1 . 3 METHODS OF REDUCING FLOOD LOSSES
In order to accomplish its purposes , this ordinance provides regulatory methods and
provisions for:
( 1 ) Restricting or prohibiting uses which are dangerous to health, safety, and property
due to water or erosion hazards , or which result in damaging increases in erosion
or in flood heights or velocities ;
(2) Requiring that uses vulnerable to floods , including facilities which serve such
uses , be protected against flood damage at the time of initial construction;
(3 ) Controlling the alteration of natural floodplains, stream channels , and natural
protection barriers , which help accommodate or channel flood waters ;
(4) Controlling filling, grading, and other development which may increase flood
damage ; and
(5 ) Preventing or regulating the construction of flood barriers which will unnaturally
divert flood waters or may increase flood hazards in other areas .
[New text in bold, deleted text in strikeout/ 2
Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
(6) Controlling excessive erosion by constructing sound erosion control structures
and obtaining appropriate permits and exemptions from all applicable local, state,
and federal jurisdictions .
(7) Implementing the recommendations of adopted flood hazard studies and plans .
SECTION 2 . 0
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be
I
nterpreted so as to give them the meaning they have in common usage and to give this ordinance
its most reasonable application.
"A-ZONE" or "ZONE A" means those areas shown on the Federal Insurance Rate Maps (FIRM)
as that area of land within the floodplain which would be inundated by the 100-year flood .
"ACCESSORY STRUCTURE" means nonresidential structures such as detached garages , sheds,
garden buildings, pole buildings , and bams which are considered normal for farming and
ranching activities .
"ADMINISTRATOR" means the Director of the Mason County Department of Community
Development or designee .
"APPEAL" means the right to request for a review of the Administrator ' s interpretation of any
provision of this ordinance or a request for a variance .
"AREA OF SHALLOW FLOODING" means a designated AO or AH Zone on the Flood
Insurance Rate Map (FIRM) . The base flood depths range from one to three feet ; a clearly
defined channel does not exist; the path of flooding is unpredictable and indeterminate ; and,
velocity flow may be evident . AO is characterized as sheet flow and AH indicates ponding.
"AREA OF SPECIAL FLOOD HAZARD " means the land in the floodplain within a community
subject to a one percent or greater chance of flooding on any given year. In Mason County, the
designation of these areas on FIRM maps always includes the letter A. Areas of special flood
hazard are designated as Frequently Flooded Areas .
"AVULSION" means a sudden cutting off of land by flood, currents , or change in course of
a body of water.
"AVULSION RISK AS " are the areas which have been determined to have too high of
a risk of avulsion to permit new structures or expansion of existing structures . inelude
ne potential for avul � o
3 [New text in bold; deleted text in strikeout]
Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
9
ded
1;t
"BASE FLOOD " means the flood having a ( 1 ) percent chance of being equaled or exceeded in
any given year. Also referred to as the " 100-year flood . " In Mason County, the designation on
FIRM maps always includes the letter A.
"BASEMENT" means any area of the building having its floor subgrade (below ground level) on
all sides .
"BREAKAWAY WALL" means a wall that is not part of the structural support of the building
and is intended through its design and construction to collapse under specific lateral loading
forces , without causing damage to the elevated portion of the building or supporting foundation
system.
"CONDITIONAL ZONE"
9
means that area designated within the Speeial Flood Risk
7e as areas „ si e of the No New Footprint This zo
ne mapped on Speeia 1 looR4sk Zone Map 1
9 is based upon best information available, bu4 is s* eet to on site .
"CRITICAL FACILITY" means a facility for which even a slight chance of flooding might be
too great. Critical facilities include, but are not limited to schools , nursing homes , hospitals,
police, fire and emergency response installations, installations which produce, use, or store
hazardous materials or hazardous waste .
"DEVELOPMENT" means any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, diking, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials . The area
contained within ring levees is considered to be part of the development area due to its impact on
flood waters .
"DEVELOPMENT PERMIT" see definition for "Permit" under this Ordinance.
"DETAILED STUDY AREA" generally means that portion of the mapped floodplain for which
FEMA has performed a detailed study. Within Special Flood Risk Zone Section 5 . 44 of this
Ordinance, the Zone A2 floodplain of the Skokomish River and tributaries is referred to as the
"Detailed Study Area. "
"ELEVATED BUILDING" means for insurance purposes, a nonbasement building which has its
lowest elevated floor raised above ground level by foundation walls, shear walls , post, piers ,
pilings , or columns .
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Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
"EMERGENCY" means an unanticipated and imminent threat to public health, safety, or the
environment which requires immediate action within a time period too short to allow for normal
development permit application and review. All emergency development shall be consistent with
all Mason County Development Regulations .
"ENGINEERING REPORTS " are reports compiled under this Ordinance to address flood-related
issues shall be by an engineer licensed in the state of Washington with knowledge and experience
in hydrology. The method and rigor of all investigation, analysis and design shall be in
accordance with current generally accepted engineering standards .
"FLOOD" or "FLOODING" means a general and temporary condition of partial or complete
inundation of normally dry land areas from : ( 1 ) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation of runoff of surface waters from any source .
"FLOOD INSURANCE RATE MAP (FIRM) " means the official map on which
the Federal Insurance Administration has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
"FLOOD INSURANCE STUDY" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Boundary-Floodway Map , and the water
surface elevation of the base flood .
"FLOOD PROOFING" means any combination of structural and non-structural additions ,
changes , or adjustments to structures which reduce or eliminate flood damage to real estate or
improved real property, water and sanitary facilities , structures and their contents .
"FLOOD PROTECTION ELEVATION" means one foot above the base flood elevation.
"FLOODWAY" means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively increasing the
water surface elevation more than one foot.
"FOOTPRINT" means the total area of the first floor of a structure , regardless of how the
structure is supported, or the total perimeter of any development other than a structure .
"FREQUENTLY FLOODED AREAS " are critical areas designated by Mason County in its
Resource Ordinance .
"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.
"LOWEST FLOOR" means the lowest floor of the lowest enclosed area (including basement) .
5 [New text in bold; deleted text in strikeout/
Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD )
An unfinished or flood resistant enclosure, usable solely for parking of vehicles , building access
or storage, in an area other than a basement area is not considered a building"s lowest floor,
PROVIDED that such enclosure is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this ordinance found at Section 5 . 24 (2) .
"MANUFACTURED HOME" means a structure, transportable in one or more sections , which is
built on a permanent chassis and is designed for use with or without a permanent foundation
when connected to the required utilities . The term "manufactured home" does not include a
66recreational vehicle" .
6G DENSITY"
laeated in the Detailed Study Area of the Skokemish River-
means the pefeentage of the total area of any lot
Regulations ,regardless of the size a
allowable density is not the same as r-esidentia4 density (often deser-ibed in teFms of dwelling
uiiits per- area) as noted in the Masen GeurAy Development Reseufee 7
t of a rAy r » latio s
6GNIAXARA4 ALLOW-ABLE OBSTRUCTION"
7
ealoulatedl as .7ese -ibe,a herein.
"NEW CONSTRUCTION" means structures for which the " start of construction" commenced
on or after the effective date of this ordinance .
GG ZONE"FOOTPRINT
is the general term used to identify these areas within
floodplains of the Skokomish River- and Vanee Greek and tributaries , whefe new eonsttuetion
following the eff-eetive date of this or-dinanee is r-estrieted due to the oeetiffenee of high flood
hazards . Repair- and substantial impr-ovement shall be a4lowed eentingent on eandi
desefi ied herein. See alsoSection 5 . 4-2 of this-ord ee.
LGORDNARY HIGH WATER MARK"
means on a4l lakes , stfeams, and tidal mrater- that
that will be found by examining the bed and banks and aseeftaining where the pfesenee an
aetion of waters are so eenunen and usual, and so long eentiftued in all er-dinafy ��afs , as to
upon the soil a ehar-aetef distinet from giat of the abutting upland, in r-espeet to vegetation as th
ther-ea-fter- in aeeordanee with pennits issued by loeal govenunent oF the State PROVIDED T14AT
�s where the or-dinafy high watef mark eannot be fetmd, the or-dinai=yz high watef ma
adja ; , ing freshwater- shall be the line o {' mean highwale,
GG "
means these areas designated within the Special
Flood Risk Zone as the areas whieh inelude the variable distanee from of the landward side of th
tee of any dike or levee on the Skokemish R4ver-. This area is that in w-hieh stmetufes are
6 [New text in bold; deleted text in strikeout]
Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
bu4 are subj eet to on site
9basedavailable,
dote n4; E t,
fi ss� .
"PERMIT" means a written authorization from Mason County for any construction or
development activity on all lands regulated by this ordinance . Such permits shall include but are
not limited to excavation and grading, permits for fills and excavations under Chapter 70 of the
Uniform Building Code, shoreline permits for developments regulated by the Mason County
Shoreline Master Program, building permits for all structures under the Uniform Building Code
or Title 14 , Mason County Code, or written authorization for development under this Ordinance .
"PERSON" means any individual, partnership , corporation, association, organization,
cooperative , public or municipal corporation, or any agency of the state or local government unit
however designated .
"RECREATIONAL VEHICLE" means a vehicle which is :
( 1 ) Built on a single chassis ;
(2) 400 square feet or less when measured at the largest horizontal projection;
(3 ) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use .
"REASONABLE USE EXCEPTION" means the public review process undertaken to allow a
proposed development which is a reasonable use of a site and is consistent with the general
purposes of this Ordinance and the public interest .
"SPECIAL FLOOD RISK ZONE" means the Zones A and A2 floodplain of the Skokomish
River, Vance Creek and tributaries , as identified on Flood Insurance Rate Maps 530115 0175 D
and 530115 0180 D , both dated December 8 , 1998 , or as amended .
" START OF CONSTRUCTION" includes substantial improvement, and means the date the
building permit was issued, provided the actual start of construction, repair, reconstruction,
placement or other improvement was within 180 days of the permit date . The actual start means
either the first placement of permanent construction of a structure on a site, such as the pouring
of slab or footings , the installation of piles , the construction of columns , or any work beyond the
stage of excavation; or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and filling; nor does it
include the installation of streets and/or walkways ; nor does it include excavation for a basement,
footings , piers , or foundation or the erection of temporary forms ; nor does it include the
installation on the property of accessory buildings , such as garages or sheds not occupied as
dwelling units or not part of the main structure. For substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of a
7 [New text in bold, deleted text in strikeout]
Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
building, whether or not the alteration affects the external dimensions of the building.
GL 99
mea-as. these areas where suffaee waters fiew sttffieiei#15r to preduee a de fined
,.'
passa �e of water- and
9 but is not limited 9 9 gmvel beds , sand and silt 2definition is not meant to inelude in4gation '
beds and defined ehannel swales . The ehannel or- bed need not eentain water- year- round. This
9 9
9
unless they are used by salmon er- used to eenvey stFeams.
identified,streams are
22216 03m
"STRUCTURE" means a walled and roofed building including a gas or liquid storage tank that is
principally above ground, as well as a manufactured home .
"SUBSTANTIAL DAMAGE" means damage of any origin sustained by a structure whereby cost
of restoring the structure to its before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred.
" SUBSTANTIAL IMPROVEMENT" means any repair, reconstruction, or improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure
either :
( 1 ) Before the improvement or repair is started, or
(2) If the structure has been damaged and is being restored, before the damage
occurred . For the purpose of this definition "substantial improvement" is
considered to occur when the first alteration of any wall, ceiling, floor, or other
structural part of the building commences , whether or not that alteration affects
the external dimensions of the structure .
The term does not, however, include either :
( 1 ) Any project for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which have been identified by the
local code enforcement official, and which was in existence prior to the damage
event or improvement, and which are solely necessary to assure safe living
conditions , or
(2) Any alteration of a structure listed on the National Register of Historic Places or a
State Inventory of Historic Places .
"VARIANCE" means a grant of relief from the requirements of this ordinance which permits
construction in a manner that would otherwise be prohibited by this ordinance .
GLWATER DEPENDENT"
means a use w-hieh eannot exist in other than a wateF front leeatio
and is dependepA on the water- by r-easen of the intrinsie nawfe of its eper-a4iens . Examples
8 [New text in bold; deleted text in strikeout]
Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
inelude but are not limited to eafgo terminal leading
bafge
ship
I leading, 9 I
and dFy I 9 le diffims for- domestie/industfial water- sup
pfeduetion I I
7
water- diversion stfuetures and faeilifies4ef-vh4ff
supply-9 9
non stfueti a! flood damage feduetion fleed water- affild drainage pumping plants and
and stream bank stabilization st-metur-es an
"WETLANDS " refer to the definition in the Mason County Resource Ordinance .
Table of Acronyms Used in the Ordinance Sections
FEMA Federal Emergency Management Agency
FIRM Federal Insurance Rate Maps
MRCS Natural Resources Conservation Service
RCW Revised Code of Washington
WAC Washington Administrative Code
SECTION 3 . 0
GENERAL PROVISIONS
3 . 1 LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all areas of special flood hazard within the jurisdiction of
Mason County. These lands are designated as Frequently Flooded Areas by the Mason
County Resource Ordinance pursuant to RCW 36 . 70A.
3 . 2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD
The areas of special flood hazard identified by the Federal Insurance Administration in a
scientific and engineering report entitled "The Flood Insurance Study for the Mason
County" dated May 17 , 1988 , and revised December 8 , 1998 , with accompanying Flood
Insurance Maps , and any subsequent amendments thereto , is hereby adopted by reference
and declared to be a part of this ordinance . The Flood Insurance Study is on file at the
Mason County Department of Community Development, Building I, 411 N. 5th St. ,
Shelton, Washington.
9 [New text in bold; deleted text in strikeout/
Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
3 . 3 PENALTIES FOR NONCOMPLIANCE
No structure or land shall hereafter be constructed, located, extended, converted, or
altered without full compliance with the terms of this ordinance and other applicable r
regulations . Violation of the provisions of this ordinance by failure to comply with any of
its requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person who violates
this ordinance or fails to comply with any of its requirements shall upon conviction
thereof be fined not more than $ 1 , 000 imprisoned for not more than 60 days , or both, for
each violation, and in addition shall pay all costs and expenses involved in the case .
Nothing herein contained shall prevent Mason County from taking such other lawful
action as is necessary to prevent or remedy any violation. The Mason County
Development Code Chapter 15 . 13 provides for enforcement of violations to permits .
3 . 4 ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing easements,
covenants , or deed restrictions . However, where this ordinance and another ordinance,
easement, covenant, or deed restriction conflict or overlap , whichever imposes the more
stringent restrictions shall prevail .
3 . 5 INTERPRETATION
In the interpretation and application of this ordinance, all provisions shall be :
( 1 ) Considered as a minimum requirements ;
(2) Deemed neither to limit nor repeal any other powers granted under State statutes .
3 . 6 WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations . Larger floods can and will
occur on rare occasions . Flood heights may be increased by man-made or natural causes . This
ordinance does not imply that land outside the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood damages . This ordinance shall not create
liability on the part of Mason County, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this ordinance or any
administrative decision lawfully made hereunder.
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Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
SECTION 4 . 0
ADMINISTRATION
4 . 1 ESTABLISHMENT OF DEVELOPMENT PERMIT
4 . 14 Development Permit Required
A development permit shall be obtained before construction or development begins
within any area of special flood hazard established in Section 3 . 2 . The permit shall be for
all structures including manufactured homes , and for all development including fill and
other activities, as set forth in the "DEFINITIONS . " If no other county permit is required,
a development permit shall be required.
4 . 1 -2 Application for Development Permit
Application for a development permit shall be made on forms furnished by Mason
County, which can be obtained from the Mason County Department of Community
Development. Application materials may include but not be limited to plans in triplicate
drawn to scale showing the nature, location, dimensions , and elevations of the area in
question and existing or proposed structures, fill, storage of materials , drainage facilities ,
and the location of the foregoing . Specifically, the following information is required :
( 1 ) Elevation in relation to mean sea level, of the lowest floor (including basement) of
all structures ;
(2) Elevation in relation to mean sea level to which any structure has been
floodproofed;
(3 ) Certification by a registered professional engineer or architect that the
floodproofing methods for any nonresidential structure meet the floodproofing
criteria in Section 5 . 2-2 ; and
(4) Description of the extent to which a watercourse will be altered or relocated as a
result of proposed development .
4 . 2 DESIGNATION OF THE ADMINISTRATOR
The Administrator is hereby appointed to administer and implement this ordinance by
granting or denying development permit applications in accordance with ordinance its
provisions . The Administrator may consult with other departments and/or agencies with
expertise to assist in permitting decisions .
4 . 3 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR
Duties of the Administrator shall include, but not be limited to :
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4 . 34 Permit Review
( 1 ) Review all development permits to determine that the permit requirements
of this ordinance have been satisfied .
(2) Review all development permits to determine that all necessary permits have been
obtained from those Federal, State, or local governmental agencies from which
prior approval is required .
(3 ) Review all development permits to determine if the proposed development is
located in the floodway, or special flood risk zone as defined in Section 2 . 0 . If
located in the floodway, assure that the provisions of Section 5 . 3 are met. If
located in a special flood risk zone, assure that the provisions of Section 5 . 4 are
met .
(4) Review applications for emergency permits . An emergency shall be defined as set
forth in WAC 173 . 27 . 040 (2) d, which includes the following language :
"Emergency construction necessary to protect property from damage by the
elements. An "emergency " is an unanticipated and imminent threat to public health,
safety, or the environment which requires immediate action within a time too short to
allow full compliance with this Ordinance . Emergency construction does not include
development of new permanent protective structures where none previously existed.
Where new protective structures are deemed by the administrator to be an
appropriate means to address the emergency situation, upon abatement of the
emergency situation, the new structure shall be removed or any permit which would
have been required, absent an emergency, pursuant to Chapter 90. 58 RCW of these
regulations or the local master program, shall be obtained. "
4 . 3 .2 Use of Other Base Flood Data
When base flood elevation data has not been provided in accordance with Section 3 . 2 ,
BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD , the
Administrator shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other source, in order to administer
Section 5 . 2 , SPECIFIC STANDARDS , 5 . 3 FLOODWAYS , and 5 . 4 SPECIAL FLOOD
RISK ZONE .
4 . 3 -3 Information to be Obtained and Maintained
( 1 ) Where base flood elevation data is provided through the Flood Insurance Study or
required as in Section 4 . 3 -2 , obtain and record the actual (as-built) elevation (in
relation to mean sea level) of the lowest floor, including basement, of all new or
substantially improved structures , and whether or not the structure contains a
basement .
(2) For all new or substantially improved floodproofed structures :
(1) verify and record the actual elevation (in relation to mean sea level) to
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Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
which the structure was flood-proofed, and
(ii) maintain the floodproofing certifications required in Section 4 . 1 -2(3 ) .
(3 ) Maintain for public inspection all records pertaining to these ordinance
provisions .
4 . 34 Alteration of Watercourses
( 1 ) Notify adjacent communities or property owners , and the Washington State
Department of Ecology and Washington State Department of Fish and Wildlife,
prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration.
(2) Require that maintenance is provided within the altered or relocated portion of
said watercourse so that the flood carrying capacity is not diminished .
4 . 3 - 5 Interpretation of FIRM Boundaries
Make interpretations where needed, as to exact location of the boundaries of the areas of
special flood hazards (for example, where there appears to be conflict between a mapped
boundary and actual field conditions) . The person contesting the location of the boundary
shall be given a reasonable opportunity to appeal the interpretation as provided by Section
4 . 4 . However, if it is clear from examining the FIRM map that the subject property or
development is located within the area of special flood hazard, the person contesting the
location of the boundary shall apply to FEMA for a map amendment .
4 . 4 VARIANCE PROCEDURE AND REASONABLE USE EXCEPTION.
4 . 4- 1 Appeal Board
( 1 ) The Board of Gewily Commissioners , e Hearing Examiner , shall act
as the Board, of Appeals to hear and decide appeals and requests for variances from
the requirements of this ordinance, as provided by Title 15 , Mason County Code .
(2) The Board of Appeals shall hear and decide appeals when it is alleged there is an
error in any requirement, decision, or determination made by the Administrator in the
enforcement or administration of this ordinance .
(3 ) Those aggrieved by the decision of The Board of Appeals , or any taxpayer, may
appeal such decision to the Superior Court, as provided in RCW Chapter 36 . 70 .
(4) In passing upon such applications, the Board of Appeals shall consider all technical
evaluations , all relevant factors , standards specified in other sections of this
ordinance and
io the danger that materials may be swept onto other lands to the injury of others ;
iis the danger to life and property due to flooding or erosion damage ;
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Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
the susceptibility of the proposed facility and its contents to flood damage and the
effect of such damage on the individual owner;
ive the importance of the services provided by the proposed facility to the community;
vo the necessity to the facility of a waterfront location, where applicable ; '`
vi . the availability of alternative locations for the proposed use which are not subject to
flooding or erosion damage ;
vii . the compatibility of the proposed use with existing and anticipated development ;
viii . the relationship of the proposed use to the comprehensive plan and flood plain
management program for that area;
ixe the safety of access to the property in times of flood for ordinary and emergency
vehicles ;
x0 the expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters and the effects of wave action, if applicable, expected at the site ;
and
xi . the costs of providing governmental services during and after flood conditions ,
including maintenance and repair of public utilities and facilities such as
sewer, gas , electrical, water systems , streets and bridges .
(5 ) Upon consideration of the factors of Section 4 . 44 (4) and the purposes of this
ordinance , the Board of Appeals may attach such conditions to the granting of
variances as it deems necessary to further the purposes of this ordinance .
(6) The Administrator shall maintain the records of all appeal actions and report any
variances to the Federal Insurance Administration upon request .
4 . 4-2 Conditions of Variances
( 1 ) Generally, the only condition under which a variance from the elevation standard may
be issued is for new construction and substantial improvements to be erected on a lot
of one-half acre or less in size contiguous to and surrounded by lots with existing
structures constructed below the base flood level, providing items (i-xi) in Section
4 . 44 (4) have been fully considered . As the lot size increases , the technical
justification required for issuing the variance increases .
(2) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory of
Historic Places , without regard to the procedures set forth in this section.
(3 ) Variances shall not be issued within a designated floodway if any increase in flood
levels during the base flood discharge would result . .
(4) Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
(5 ) Variances shall only be issued upon :
(i) a showing of good and sufficient cause ;
(ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant;
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a determination that the granting of a variance will not result in increased
flood heights , additional threats to public safety, extraordinary public
expense, create nuisances , cause fraud on or victimization of the public as
identified in Section 4 . 14(4) , or conflict with existing local laws or `
ordinances .
(6) Variances as interpreted in the National Flood Insurance Program are based on the
general zoning law principle that they pertain to a physical piece of property; they are
not personal in nature and do not pertain to the structure, its inhabitants , economic
or financial circumstances . They primarily address small lots in densely populated
residential neighborhoods . As such, variances from the flood elevations should be
quite rare . Variances shall not be granted for residential or commercial
construction in floodways designated by this Ordinance.
(7) Variances may be issued for nonresidential buildings in very limited circumstances
to allow a lesser degree of flood proofing than watertight or dry-flood proofing,
where it can be determined that such action will have low damage potential, complies
with all other variance criteria except 4 . 4-2( 1 ) , and otherwise complies with Sections
5 . 14 and 5 . 1 -2 of the GENERAL STANDARDS .
( 8 ) Any applicant to whom a variance is granted shall be given written notice that the
structure will be permitted to be built with a lowest floor elevation below the base
flood elevation and that the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest floor elevation.
4 . 4- 3 Reasonable Use Exception . Nothing in this ordinance is intended to preclude all
reasonable use of property. An applicant for a development proposal may file a request
for a reasonable use exception which shall be considered by Hearing Examiner f
Commissioners at a public hearing . The reasonable use exception shall not apply in the
Skokomish River valley (Sec. 5 .4. 1 ) and is not intended to allow residential
development in designated floodways .
( 1 ) The Board of Commissioners Hearing Examiner may allow a use which is
consistent with the general purposes of this ordinance and the public interest
provided it meets the following criteria:
(i) There is no other reasonable use or feasible alternative to the proposed
development with less impact on flood levels , critical areas , or resource
lands ; and
(ii) The proposed development does not pose a threat to the public health,
safety or welfare on or off the site ; and
(iii) The inability of the applicant to derive reasonable use of the property is
not the result of actions by the applicant in creating the undevelopable
condition after the effective date of the ordinance ; and
(iv) The proposal is the minimum necessary while still allowing reasonable use
of the site .
(2) Applications shall include the following information :
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(i) A description of the areas of the site which are critical areas and/or
resource lands or within setbacks required under the Mason County
Resource Ordinance ;
(ii) A description of the amount of the site which is within setbacks required
by other County standards ;
(iii) A description of the proposed development, including a site plan and
topographic contour information adequate to determine flood depths on
the site and property;
(iv) An analysis of the impact that the amount of development would have on
the resource lands or critical areas ;
(v) An analysis of whether any other reasonable use with less impact on the
resource lands or critical areas is possible ;
(vi) A design of the proposal so that the amount of development proposed as
reasonable use will have the least impact practicable on the resource lands
and/or critical areas ;
(vii) An economic analysis establishing the respective present values of
development allowed under these regulations without the reasonable use
exception and with the requested exception or alternative exceptions .
(viii) Other information as the Administrator determines is reasonably necessary
to evaluate the issue of reasonable use as it relates to the proposed
development.
(3 ) Application process and review.
(1) The application shall be submitted to the Administrator along with fees
established by ordinance for reasonable use exceptions .
(ii) Public notice shall be as provided in Title 15 for public hearings .
(iii) The Administrator shall prepare an analysis of the merits of the request
and make recommendations to the Board of Commissioners .
(4) Except when application from this ordinance would deny all reasonable use of a
site, an applicant who seeks an exception from the regulations of the Ordinance
shall pursue a variance as provided in this Section.
(5 ) The Administrator shall maintain the records of all reasonable use exceptions
granted and report them to the Federal Insurance Administration upon request.
SECTION 5. 0
PROVISIONS FOR FLOOD HAZARD REDUCTION
* 5 . 1 GENERAL STANDARDS
In all areas of special flood hazards as shown on the Federal Insurance Rate Maps (FIRM)
and as defined in Section 2 . 0, the following standards are required :
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* 5 . 1 -2 Anchoring
( 1 ) All new construction and substantial improvements shall be anchored to prevent
flotation, collapse, or lateral movement of the structure .
(2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or
lateral movement, and shall be installed using methods and practices that minimize
flood damage . Anchoring methods may include, but are not limited to , use of over-
the-top or frame ties to ground anchors . (Reference FEMA ' s Manufactured Home
Installation in Flood Hazard Areas" guidebook for additional techniques . )
* 5 . 1 -2 Construction Materials and Methods
( 1 ) All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage .
(2) All new construction and substantial improvements shall be constructed using
methods and practices that minimize flood damage .
(3 ) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other
service facilities shall be designed and/or otherwise elevated or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
* 5 . 1 -3 Utilities
( 1 ) All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system .
(2) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharge from the systems
into flood waters .
(3 ) On- site waste disposal systems shall be located to avoid impairment to them or
contamination from them during flooding.
* 5 . 14 Subdivision Proposals
( 1 ) All subdivision proposals shall be consistent with the need to minimize flood
damage .
(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical , and water systems located and constructed to minimize flood damage .
(3 ) All subdivision proposals shall have adequate drainage provided to reduce exposure
to flood damage .
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(4) There base flood elevation data has not been provided or is not available from
another authoritative source, it shall be generated for subdivision proposals and other
proposed developments which contain at least 50 lots or 5 acres (whichever is less) .
(5) No parcel shall be created that would require a Reasonable Use Exception or
Variance before new residential or commercial construction would be allowed.
* 5 . 1 - 5 Review of Building Permits
Where elevation data is not available either through the Flood Insurance Study or from
another authoritative source (Section 4 . 3 -2) , applications for building permits shall be
reviewed to assure that proposed construction will be reasonably safe from flooding . The
test of reasonableness is a local judgement and includes use of historical data, high water
marks, photographs of past flooding, etc. , where available. Failure to elevate at least two feet
above grade in these zones may result in higher insurance rates .
5 . 2 SPECIFIC STANDARDS
In all areas of special flood hazards and special flood risk zones where base flood elevation
data has been provided as set forth in Section 3 . 2 , BASIS FOR ESTABLISHING THE
AREAS OF SPECIAL FLOOD HAZARD or Section Use of Other Base Flood Data, the
following provisions are required :
* 5 . 24 Residential Construction
( 1 ) New construction and substantial improvement of any residential structure shall have
the lowest floor, including basement, elevated one foot or more above base flood
elevation .
(2) Fully enclosed areas below the lowest floor that are subject to flooding are prohibited,
or shall be designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters . Designs for meeting this
requirement must either be certified by a registered professional engineer architect
or must meet or exceed the following minimum criteria :
(i) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed area subject to flooding shall be
provided;
(ii) The bottom of all openings shall be no higher than one foot above grade ;
(iii) Openings may be equipped with screens , louvers , or other coverings or
devices provided that they permit the automatic entry an exit of floodwaters .
5 . 2-2 Nonresidential Construction
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New construction and substantial improvement of any commercial, industrial or other
nonresidential structure, except those defined as an accessory structure, shall either have the
lowest floor, including basement, elevated one foot or more above the level of the base flood
elevation ; or, together with attendant utility and sanitary facilities, shall :
( 1 ) be flood proofed so that below one foot above the base flood level, the structure is
watertight with walls substantially impermeable to the passage of water; L
(2) have structural components capable of resisting hydrostatic and hydrodynamic loads
and effects of buoyancy;
(3 ) be certified by a registered professional engineer or architect that the design and
methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of
the structural design, specifications and plans . Such certifications shall be provided
to the official as set forth in Section 4 . 3 . 3 (2) ;
(4) Nonresidential structures that are elevated, not flood proofed, must meet the same
standards for space below the lowest floor as described in 5 . 2 - 1 (2) ;
(5 ) Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the flood proofed
level (e . g. a building flood proofed to one foot above the base flood level will be
rated as at the base flood level) .
5 . 2 - 3 Accessory Structures
Construction or substantial improvement of accessory structures , as defined in Section 2 . 0,
shall either have the lowest floor elevated one foot or more above the level of the base flood
elevation; or must meet the following criteria :
( 1 ) A minimum of two openings having a total net area of not less than one square inch
for every square foot of enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no higher than one foot above grade .
(3 ) Openings may be equipped with screens, louvers , or other coverings provided they
may permit the automatic entry and exit of flood waters .
(4) Structures shall not be designed for human habitation.
(5 ) Structures shall be firmly anchored to prevent flotation which may result in damage
to other structures .
(6) Service facilities such as electrical and heating equipment shall be elevated or flood
proofed .
5 . 24 Critical Facility
Construction of new critical facilities shall be, to the extent possible, located outside the
limits of the base flood plain . Construction of new critical facilities shall be permissible
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within the base flood plain if no feasible alternative site is available . Critical facilities
constructed within the base flood plain shall have the lowest floor elevated to three feet or
more above the level of the base flood elevation at the site . Flood proofing and sealing
measures must be taken to ensure that toxic substances will not be displaced by or released
into flood waters . Access routes elevated to or above the level of the base flood plain shall
be provided to` all critical facilities to the extent possible .
2
5 . 2 - 5 Manufactured Homes
All manufactured homes to be placed or substantially improved within Zones A1 - 30, AH,
and AE on the community' s FIRM shall be elevated on a permanent foundation such that the
lowest floor of the manufactured home is one foot or more above the Base Flood Elevation;
and is securely anchored to an adequately anchored foundation system in accordance with
the provisions of Section 5 . 1 - 1 (2) .
* 5 . 3 FLOODWAYS
beeated within areas of speeial flood hazard established in Seetion 3 . 2 are areas desigii
as Fleodway& Since the floodway is an extremely hazardous area due to the velocity of
flood waters which carry debris , potential projectiles , and erosion potential, the following
provisions apply.
( 1 ) Encroachments are prohibited including fill, new construction, substantial
improvements, and other development unless certification by a registered
professional engineer or architect is provided demonstrating that encroachments shall
not result in any appreeiabi increase in flood levels during the occurrence of the base
flood discharge .
(2) Construction or reconstruction of residential structures is prohibited within
designated Floodways , except for repairs , reconstruction, or improvements to a
structures which do not increase the ground floor area; and (ii) repairs,
reconstruction, or improvements to a structure, the cost of which does not exceed 50
percent of the market value of the structure either, (a) before the repair,
reconstruction, or repair is started, or (b) if the structure has been damaged, and is
being restored, before the damage occurred. Work done on structures to comply with
existing health, sanitary, or safety codes or to structures identified as historic places
shall not be included in the 50 percent determination .
(3 ) If Section 5 . 3 ( l ) is satisfied, all new construction and substantial improvements shall
comply with all applicable flood hazard reduction provisions of Sections 5 . 0,
PROVISIONS FOR FLOOD HAZARD REDUCTION.
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5 . 4 SPECIAL FLOOD RISK ZONE - FLOODPLAIN OF THE SKOKOMISH RIVER,
VANCE CREEK AND TRIBUTARIES .
5 . 4 . 1 A Special Flood Risk Zone is hereby established for the Zones A and A2 floodplain of
the Skokomish River, Vance Creek and tributaries, and is illustrated on (as identified-by
FIRM map Community Panels #530115 - 01751) and # 530115 - 0180D , (both December
1998 ) . The Special Flood Risk Zone is an avulsion riskhereby designated
as a floodway and the entire floodway is hereby designated an avulsion risk area.
New development Construction of a new structure or an expansion of the square
foot area of an existing structure is prohibited in this designated floodway. For
purposes of this subsection, the term structure shall not include a gas or liquid
storage tank. divided ; pAe two zones : No new footo,, t zones ,-, .1 ,, ,l ; t; ena build
These zenes are shown o Speei l FloodRisk Zone Nla 1
( 1 ) No new footprint zenes a hereby established for the _ Speeia Flood R4sky Zone as
(i) The n*n+ber-ed No New Feetpr-inl Zones delineated in the Skekeniish River
l 7 ve ale . 7 k , 7 R .f nt Plan, deb 1997
Zones 1 ') 3 Q_ n and i the Tl,, ft C7> 1eniis1 A41er ('.,nTrehev iye
F-leed H-affard Aknagenient Plan , pril 1996, as Zone 1 . These afeas are.
shown on Speeia4 Flood Risk Zone Nlv�
(ii) All poi4ions of the Detailed Study Area Zone A2 floodplain o
Skokemish River- and tributaries where the existing site elevation is more.
than 2 feet below the Base FloodElevation . identified by FIRM maw, an
as eerfified by a heensed engineef or- su�eyor-. These areas are shown en
> based upon best information available,
btA are „bjeet to site ; f; ea fi ,,,
(iii) All peftions within the Speeial Flood Risk Zone, outside of the Detailed
Stud z Are .. where the existing site elevation e than n feat below th
Base Flood Elevation, or- where the flood veleeit r is estimated to exeeed -5
feet-per--SG6Aiz These area s-acc-an vw Tvi -Sp sii-a1i Flood-R'-"k Zone M ap -r
.
(iv) All , ,Rion, within the Speeia FloodRisk Zone within 200 feat of the�
Ordinary High Water- of the cv� ish River- and Vance Creek. These
shownareas are o Speeia Flood Risk Zone Aila C base.l upon best
infoFmr'ltion available, but a feet to site vel=i-fie tion.
(v) All portions of the Speeial Fleed Risk Zone within : 165 feet of a stream
type 2 or- 9 7
and 90 feet of a stfeam type S .
These areas are shown on Speeia4 Fleed Risk Zone Map 6 , based upo
best infv^xfmatrion available, are S}lbjeettosite verifieation .
(vi) All afeas within the 6Gever-bank sethaek ff
f
whieh is a variable.
distance from the ln ,, .a .4rnr.a side of the toe of ., y dike or- levee a the
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Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
impaeted by overtopping or failure of a dike or- levee . These afeas-ar-e
nl, .,,B ,r, o Speei ., l FloodRisk Zone Map 1 , based upon lost in f .,rmtie
available ,
the sett- aek f the f ll ..,, ,, ng ferm „ ln eds;
'
- ;: ^'r .
:(,r`:
�x7l, oro •
_ D the .list . nee of the sett aek from the l .,v, .l ,, .., r.l side of' the levee
where ; t , estimatedthe flood . ed s to e feet ; depth
H — the height of the levee above representative rt, n levels ., .1 ; >, eepA
���riv zavz Siit�.r a�.i �.�v
to the levee on the upland side toe of the levee .
�xT — the wi .ltl, of the levee b r-ea .l, estimateds C times H .
(As an the to 66 f )
example,
) is 90 feet when the height of the dike is.
4 feet and the sethaek is 150 feet 3when the height ef the dike is 5 fee
(2) Ne3Ar r-esidenees and other- new eonstruetion shall not be allewed in No New�
that-the following nd ti ons1 ,
(i) The area of the fbotpFiPA(s) of the stfaetur-e(s) following i:eeenstmetie
shall be r nv greater- than the . ., (s) of the feetpripA(s) r r to
�rRr �
r-eeenstraetion. A feetpr-44 is defined as the total area f the first fleet- , f ..
"I�
st�lEttfre, regardless of how the stiuet„ro ; elAe 1 . .
(ii) Any substantial impr-evement of the stfuetufe shall also meet the general
standards presented i this ehaptef
5 . 4 3 Conditional Build Zone
The Conditional Build zone is hereby designated as these areas within the Speeial Flo
Risk Zone, but outside of the No Ne3Ar FootpFint zenes . This area is shown on Speeial
Flood R4sk Zone Map 1 , based upon best infennation available, but is subjeet to site.
' fieation. New eons ion and substantial improvements may be a4lekved in the
n ..n itil+n l buildzene , .l� o e the fellewingpfevisions are met .( 1 ) if leeated within the Detailed Study Afea Zone A2 floodplain of the Skokemish
GEL RA T-ram STAIN A R •o„�resente ld ir"'rS a tion . 1 and SPECI IC
A1\
pT presented ti SeetiBfis 5 . 2 dtO z-v—
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Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
tr-ibutaFies (FefeFFed to below as the �Detfflilw"� Study
5 . 4 4 Within the Detailed Study AFea Zone A2 fleedplain of the Skokomish 144ver- an
substantial ifin... Oy. eme.nAts m.ay be allowed 3AYher-e not other-wise prohibited and +H
new eenstfuetien an
and all of the
following o et .( 1 ) Location : All new eenst-fuetion and substantial impr-ovements shall be leeated
5 a
`,.
the highest existing ground available . The
on a ease by ease basis
9
may allow development on areas otheF than the highest existing ground available.
when it ean be demonstfated that sueh leeation will not inerease the flood hazards
to the stfuetufe or- adjaeent properties . In making a detemiinatien the.
Administfater- shall eensider- the size of the I proposed aeoess I
ehapter7
hazard risk to the proposed struetufe or- to adjaeent pr-ope
(2) NlfflEimum allowable density for- all development on a lot in the Detailed Stu
Ax-ea : To assufe that new development and substantial impr-evements eembine
.its, sting de elo pA willnot a , se n , l nt. V . ., the base fl ,, ,. ,1
elevation of mer-e than one ha4f (0 . 5 ) foot, all new develepmen4 and substantial
epAs shall be limitedas follows :
waters,The footprint of any proposed use oi: developmetA regulated tmder- this
ehapter- that will displaee flood
development
eombined with existing
shall not exeeed tluee (3 ) pereent of the land area of that
portion of the lot lee to i the DetailedStud . Aron
4 le 06supletion fer- all development in the Detailed S ea.
(a) The idth (sum of widths) of all existing and proposed
of the length of the line dr-aym r n iet lar- to the 1>,, .,.. .,, floodw ate
flew dir-eetion at the point where the developmenl(s) is leeated . The
leng4l, of nni .l line shall not extendbeyondthe p pe ft< . 1, .,, , n.ln. y or- the.
edge of the Detailed SWdy 7 whiehevef is •
size,less in
the building setback shall be 41 . 5 per-eent of the line dr-.aw.n.
the development(s) is
• example,FoF
(i . e . 3 &x-330 t`�T the flood ;;w perpendi^taar to the prepeAjr linesi
the building sethaek would be 137 feet with the mw6mum allowable wid
or sum ,of widths being 56 feet . See Appendix i . A for- example drawing
(e) Sethaek r-equir-emepAs for development on par-eels lafgef than five ( 5 ) aer-eS
23 [New text in bold; deleted text in strikeout/
Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
shall be evaluated on a e by e basis to detorm ; ,, o r , , ale
sethaeks that allow for- the safe eeiweyanee of fleed waters withe
inereasing floodhazards ., risks ton r, . ing properties . 'T'ho
A ,lm ; r strnter- shall sides: t1 e fall .,,, ing ; making sethaek.
detei:minatiei .:
hl the proximity of the proposed str et„ro t existing andn „ t; .,ip to 7
(ii) the width of proposed stfaet„ ry r r, .1ionro l t flood , .noraws t fl ,
o
( n ,
area s , eh as baek , . ntor of- ets and redir-e ten;
9
(v) the existing and potential development along the or-ess seetion lin.e
per-per 1 , .,, , lnr to floodwater- flown , t relates to the maxi
allowable obstnietie of seventeen ( 1 7) r ,mot
ffl
iflifflizo the o to 1.,, .�,, ,, , floodwater- fl
patterns . Determination of flood water- flow difeetion for- sueh orientation shall be
based upon tepogr-aphieal and historieal fle .ed data on file with the admifiistr-ativ.e
or-ess seetional area shall be in an upstr-eam downstream dir-eetion at a fight angle
to a line drawn along the shortest distanee ffem the midpaint of the r-ivef ehannel
through the midpoint of the lot
5 . 4 5 5 .4-2 Dikes, Levees and Other Water Flow Modification Structures
( 1 ) Areas where flood water releases and overflows from the main Skokomish River
channel shall not be modified, meaning levied or diked, in any manner which
would result in increased stream flow in the main channel .
(2) Maintenance to existing legally established (constructed by past permits or
historically occurring) levees , dikes , and other water flow modification structures
shall be permitted with appropriate approvals from all affected agencies, provided
that the maintenance does not result in increased stream flow within the main
channel (as verified by a hydraulic engineer) , and the maintenance is consistent
with provisions and recommendations of the adopted Skokomish River
Comprehensive Flood Hazard Management Plan. Emergency alterations to dikes
and levees necessary for the protection of human life and property shall be
permitted as provided for within the applicable regulatory permit processes .
(3 ) If the Public Works Director finds an imminent flood threat to the public health,
safety, and welfare exists based on :
24 [New text in bold; deleted text in strikeout]
Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
(i) a flow capacity of 70 % of the 100-year flood stage for the specific river or
creek, or
(ii) a rainfall within the last 48 hours in excess of 4 inches , or
(iii) issuance of a flood warning by the National Weather Service for the
specific area, or
(iv) a significant isolated blockage occurs such as a log jam or slide, that
impacts the geography or water velocity such that an overflow bank path has or is
likely to occur;
then the Public Works Director may recommend to the Board of Commissioners
that they declare an emergency flood condition, which shall then authorize the
county to make on-site inspections on private property of dikes and other
impediments as necessary, and to direct or design immediate or subsequent
improvement, repair, removal, or modification to said dikes , levees , or other
impediments , as subject to other regulations ; and shall maintain a record of the
condition and structure of said dikes .
(4) DIKE MONITORING PROGRAM .
Information on the condition of levees , dikes , or other structures ascertained from
successive on- site inspections shall be maintained by the county for the purpose of
updating and cataloging existing conditions as part of their ongoing flood and dike
management program. Dikes shall be monitored for safety purposes . Dikes
struetu shall be inspected by the Public Works Director at least biennially
for safe .y purposes .
The Public Works Director and his designee is authorized to enter onto
private or public land for the sole purpose of inspecting dikes for flood safety
and for no other purpose. The inspections shall be done between the 8 * 00 AM
and 4 * 00 PM time period, with notice to the property owner sent by certified .
mail at least 14 days in advance, unless there is a flood emergency.
(4) The Public Works Director shall report on the condition of the dikes to the Board
of County Commissioners at the interval of once every two years . The report
shall include an assessment of the condition and structure of the dikes ; an
analysis of whether any improvements needs to be done ; a statement on the
ability, or lack thereof, to inspect the dikes ; and any other matter of
importance to dike inspection and monitoring. The report shall also be
based on the inspections and information gathered from dike monitoring.
Existing dikes monitored shall be listed or be listed by reference to outside
reports .
25 [New text in bold; deleted text in strikeout]
Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
( 5 ) Alterations to dikes and levees, and bank stabilization efforts that would prevent
legitimate potential emergency situations shall be permitted, PROVIDED that all
affected agencies have been notified and appropriate permits have been acquired .
(6) Activities related to the repair, maintenance or construction of bank stabilization,
dikes , levees or other related development are a permit required activity under ( j .
Section 4 . 1 of this ordinance, are subject to all provisions for development ut
standards within this ordinance, and shall provide for appropriate inspections
during and following construction and/or repair. Construction shall meet NRCS
standards , as recommended within the Skokomish River Comprehensive Flood
Hazard Management Plan, or as revised.
(7) Projects proposed by government agencies under this Section as recommended
within the Skokomish River Comprehensive Flood Hazard Management Plan , or
Skillings and Connolly studies dated September 1997 , and September 1999 , shall
be evaluated on a case-by-case basis . The Administrator shall include the
following considerations in making an evaluation :
(1) Recommendations of applicable study;
(ii) Provisions of this Ordinance ;
(iii) Project- specific engineering;
(iv) Public benefit ;
(v) All applicable regulations .
( 8 ) All approved permits shall require the monitoring of performance which shall
include, at a minimum, a post-construction inspection for compliance with the
conditions of approval . Additional inspections may be required when
recommended by the engineering report or the County Engineer. Monitoring shall
be established as a condition of approval .
26 [New text in bold; deleted text in strikeout]
Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD)
ATTACHMENT
17a01v110 FISH AND WILDLIFE HABITAT CONSERVATION AREAS
[No proposed changes to subsection A, B , or C .] I
i
D . ESTABLISHMENT OF BUFFERS ON FISH & WILDLIFE HABITAT CONSERVATION
AREAS
1 . Fish and Wildlife Habitat Conservation Areas shall have Buffers and Building Setbacks
established . The standard buffer and setback requirements are shown in Table 3 .
a . Buffers or setbacks shall be maintained along the perimeter of Fish and Wildlife
Habitat Conservation Areas Buffer distances associated with streams shall be
measured horizontally from the ordinary high water mark (OHWM ) or channel
migration zone (CMZ ) , whichever is greater . All other buffer distances shall be
measured horizontally from the established FWHCA perimeter.
b . Buffers shall be retained in their natural condition , except as provided elsewhere
in this ordinance .
c . Building Setback Lines : A building setback line of fifteen ( 15 ) feet is required
from the edge of any buffer area, except for Type 1 saltwater and lake
excluding Conservancy Shorelines ,
2 . The following are special provisions for buffers and setbacks on lots created prior to
December 5 , 1996 , and which are located on a Type 1 water that is a saltwater or is a
freshwater lake . As stated in the Table 3 , there shall be a standard 100 75 foot buffer
VW iaii#h n 4 r. fnn4 building cn#hnnL nv#nnr# inn frnm the nrinn of the bus . ,ffie for a total of 100 80
feet as measured from the ordinary high water mark (OHWM ) . Provided , however, that in
the following circumstances , these special provisions apply instead of the standard buffer
and setback requirement .
a . Special provision for view protection on subject lots.
Applications for single-family residential construction and meeting the following
conditions shall have buffers and setbacks as described below :
1 ) Where existing residences are on both sides of and within 150 feet of the
lot line of the subject lot , and no more than 200 feet from the shoreline
OHWM , the setback on the subject lot is determined by an imaginary
common line drawn across the subject lot which connects the shore-side
roof lines of the first adjacent existing residences . (See Figure 1 ) . The
common line set back may be more or less than 100 90 feet from the
OHWM , provided , however, that:
(a) the buffer shall not be less than 20 feet in width from the OHWM
and a minimum setback from the edge of the buffer is 15 feet; and
(b ) there shall be a maximum buffer of 100 7-5 feet from the OHWM with
the balance of the setback established by the common line to be a
building setback area .
2 ) Where an existing residence is on one side of and within 150 feet of the
lot line of the subject lot , and no more than 200 feet from the shoreline
OHWM , the setback on the subject lot is determined by an imaginary
common line drawn from the shore-side roof line of the existing
residence and across the subject lot to a point which is 100 80 feet from
the OHWM along the far lot line of the subject lot . (See Figure 2 ) . The
common line set back may be more or less than 100 00 feet from the
OHWM , provided , however, that :
(a ) the buffer shall not be less than 20 feet in width from the OHWM
and a minimum setback from the edge of the buffer is 15 feet ; and
Mason County Resource Ordinance February 10 2003 Version ( bold is new text ) 1
Table 3. Fish & Wildlife Habitat Conservation Area Development Standards . (
Habitat Type Buffer Building Setback from Buffer
Type 1 Stream 150 feet 15 feet
Type 2 Stream 150 feet 15 feet
Type 3 Stream 150 feet 15 feet
Type 4 Stream 100 feet 15 feet
Type 5 Stream 75 feet 15 feet
Type 1 Saltwater and Lake* 100 7-5 feet 4-5 feet
excluding Conservancy
Shorelines
Conservancy Shorelines** , 100 feet 15 feet
Type 1 Saltwater and Lake
*Type 1 lakes are lakes over 20 acres . All saltwater shorelines are Type 1 .
**Conservancy Shorelines are those shorelines designated as Conservancy Shoreline
Environment in the Mason County Shoreline Master Program .
(b ) there shall be a maximum buffer of 100 75 feet from the OHWM
with the balance of the setback established by the common line to be a
building setback area .
3 ) As used in this section , a "residence" refers to the principal
dwelling/residential structure and does not include outbuildings or other
structures .
4 ) When applying 1 ) above , if the shoreline has a high degree of curvature ,
the Administrator may use the average set back from OHWM of the two
existing residences rather than the imaginary line between the rooflines
in order to establish the common line setback . When applying 2 ) above ,
if the shoreline has a high degree of curvature , the Administrator may
use the average of the set back from OHWM of the existing residence
and the 100 00 foot setback, rather than the imaginary line between the
roofline and the 100 80 foot setback, in order to establish the common
line setback .
b . Special provision for water-dependent uses on existing lots.
Applications for development defined as water-dependent uses shall provide the
standard 100 7-5 foot buffer along as much of the shoreline as possible while
making the minimum necessary adjustments to the be buffer to provide for the
water-dependent use , as determined by the Director. Such development shall
meet the requirements of other applicable regulations , including other Resource
Ordinance sections and the Mason County Shoreline Master Program ,
3. Provision for Decreasing Buffer.
For major new development, Mason County may decrease the buffer after consultation
with the Washington State Department of Fish and Wildlife and the Skokomish Tribe , the
Quinault Tribe and/or the Squaxin Island Tribe , after review and approval of a Habitat
Management Plan , and after a public hearing .
Mason County Resource Ordinance February 10 2003 Version ( bold is new text ) 2
4 . Provision for Increasing Buffer.
Mason County may increase the buffer width on a case-by-case basis , after a public
hearing , as provided in subsection 17 . 01 . 120 . L . , when a larger buffer is necessary to
protect the structure , function and value of Fish & Wildlife Habitat Conservation Areas .
The buffer shall be increased or other protections shall be provided in order to prevent a
significant adverse environmental impact by a proposed project on those functions and
values . This determination shall be supported by appropriate documentation to be
obtained in consultation with the state of Washington and the Skokomish Tribe , Quinault
Tribe and/or the Squaxin Island Tribe . Such determination shall be attached as a permit
condition and shall demonstrate that :
a . A larger buffer is necessary to maintain viable populations or critical habitat of
endangered , threatened , or sensitive species ; or
b . The adjacent land is susceptible to severe erosion and erosion control measures
will not effectively prevent adverse impacts to the FWHCA; or
c . If the FWHCA contains variations in sensitivity, increasing the vegetation area
widths will only be done as necessary to preserve the structure , function and
value of the FWHCA.
d . If the increase in buffer is based on the upland area feeding substantial material
to the net-shore drift system , as identified in the Mason County Shoreline
Inventory Report, June 12 , 1995 , that the larger buffer is necessary in
maintenance of that system and the functions and values of the FWHCA. The
increase shall approximate the bluff erosion distance having occurred over the
past 50 years , based on best available information .
[ No proposed changes to subsection EJ
F . ACTIVITIES WHICH DO NOT REQUIRE A MASON ENVIRONMENTAL PERMIT
The following uses shall be allowed , within a FWHCA or its buffer to the extent that they are not
prohibited by any other applicable law or ordinance , provided they are conducted so as to minimize
any impact on the values and functions of the FWHCA, and provided they are consistent with any
county approved Resource Ordinance Special Study (such as a Habitat Management Plan or
Geotechnical Report) or any state or Federally approved management plan for an endangered ,
threatened , or sensitive species .
1 . The remodel , repair, or change of use of an existing building within its existing footprint , plus
or minus ten percent and provided that such expansion does not increase any intrusion into
the aquatic management area or buffer . Reconstruction of structures destroyed by fire or
other means , provided that completed application for reconstruction occurs within the
previous structural footprint and within two years of the destruction . This provision is
intended to apply only to that portion of a building which lies within a FWHCA or its buffer.
2 . The removal from buffer areas of noxious weeds designated in Chapter 17 . 10 RCW .
3 . . All new and
existing agricultural activities within any FWHCA and or its buffer complying with a
current conservation plan that conforms with the standards and specifications of the
Natural Resources Conservation Service and is submitted to and approved by the
Administrator; or operating in conformity with a permit of a state agency, except as
required by subsection 17 . 01 . 110 G . 21 below .
Mason County Resource Ordinance February 10 2003 Version ( bold is new text ) 3
4- Buffer alterations for view corridors are allowed with emphasis placed on limbing and with
selective timber removal minimized to the extent possible . Proposed alterations shall be
the minimum to afford views within the buffer and shall minimize shrub vegetation
removal and ground disturbance while maintaining the large mature trees . Under this
provision , no more than 10 percent of trees in the buffer less than six inches in diameter
at breast height may be removed from the buffer without specific authorization from
Mason County, which may allow removal up to 20 percent . View corridor improvement
actions which include the removal of trees larger than six inches in diameter at breast
height will require Mason County approval and replacement with native tree and/or shrub
plant species are limited to 15 percent of such trees in the buffer.
4 .5-, The removal of danger trees from buffers which pose a direct threat to property and life ,
provided they are documented by a professional forester . Removal of danger trees shall
be mitigated by planting a total of six (6 ) new trees seedlings each a minimum three
years old and each of the same species as the removed tree or native species trees . If
the replacement is judged to be unnecessary, Mason County may require the applicant to
place the downed danger tree within the buffer as habitat .
5 .6 The enhancement of a buffer by planting indigenous vegetation .
&7 The construction of trails which shall be unpaved when located in the buffer areas and
elevated when located in wetlands , which are not intended for motorized use , and which
are no wider than three (3 ) feet, unless additional width is necessary for safety along a
precipice , steep hillside , or other hazardous area .
7 .& Harvesting of Wild Crops : Harvesting wild crops which do not significantly affect the
viability of the wild crop , the function of the Fish and Wildlife Habitat or regulated buffer
(does not include tilling of soil or alteration of the Fish and Wildlife Habitat Conservation
Area ) .
8 .-9 : Any of the General Exemptions authorized by Section 17 . 01 . 130 .
G . DEVELOPMENT AND ACTIVITIES REQUIRING A MASON ENVIRONMENTAL PERMIT
IN FISH & WILDLIFE HABITAT CONSERVATION AREAS OR THEIR BUFFERS
A Mason Environmental Permit shall be obtained from the County, using the administrative
review process in this Chapter, before undertaking the following activities in FWHCAs or their
buffers . When a major new development is proposed within 1 /4 mile of a listed species point
location (den or nest site ) , as identified through the WDFW PHS data base , tribal and other local
fish and wildlife databases or knowledge ,; a preliminary review by a qualified fish and wildlife
professional shall be provided to the county which shall determine if a FWHCA or its buffer is
within the area of the development.
1 . A Habitat Management Plan ( HMP ) shall be prepared for these activities :
a . The removal , excavation , grading , dumping , discharging or filling of any material
unless part of a project which has been permitted pursuant to this section or for
which no permit is required .
b . The destruction or alteration of FWHCA's or their buffers through clearing ,
harvesting , shading , intentional burning , vegetation removal (terrestrial ,
freshwater, or marine ) , or planting of vegetation that would alter the character of
the FWHCA or buffer, unless part of a project which has been permitted pursuant
to this section or for which no permit is required .
Mason County Resource Ordinance February 10 2003 Version ( bold is new text ) 4
c . New Residential Construction and Major New Development: New residential
construction and major new development is not permitted within FWHCA or its
buffer, except for the activities listed in this subsection G . or as approved
through a variance or reasonable use exception as provided in subsection K .
The design and siting of these projects should not adversely impact water quality
of receiving waters such as wetlands , streams , rivers , Hood Canal or Puget
Sound . In addition , project design should meet or exceed any storm water
design requirements to avoid any risk of decertification of shellfish beds or
impacts to baitfish ( herring , smelt, sand lance , candlefish , etc. ) spawning areas .
d . Stream Relocation : Stream relocations are discouraged except for the purpose
of fisheries restoration and require a Habitat Management Plan . Stream
relocation shall only be permitted when adhering to the following minimum
performance standards and when consistent with Washington State Department
of Fish and Wildlife Hydraulic Project Approval .
I . The channel , bank and buffer areas shall be replanted with native
vegetation that replicates a natural , undisturbed riparian condition ; and ,
ii . For those shorelands and waters designated as Frequently Flooded
Areas pursuant to Section 17 . 01 . 090 , a professional engineer licensed in
the State of Washington shall provide information demonstrating that the
equivalent base flood storage volume and function will be maintained .
iii . Relocated stream channels shall be designed to meet or exceed the
functions and values of the stream to be relocated as determined by the
monitoring in the Habitat Management Plan .
e . Bank Stabilization : A stream channel and bank , bluff, and shoreline may be
stabilized when naturally occurring earth movement threatens existing legal
structures (structure is defined for this purpose as those requiring a Building
Permit pursuant to the Uniform Building Code ) , public improvements , unique
natural resources , public health , safety or welfare , or the only feasible access to
property, and , in the case of streams , when such stabilization results in
maintenance of fish habitat , flood control and improved water quality . Bluff, bank
and shoreline stabilization shall follow the standards of the Mason County
Shoreline Master Program , Landslide Hazard Areas , and any floodplain
management plan adopted by the Board of Commissioners .
Mason County may require that bank stabilization be designed by a professional
engineer licensed in the State of Washington with demonstrated expertise in
hydraulic actions of shorelines . For bank stabilization projects within FWHCAs ,
emphasis shall be placed on bioengineering solutions (vegetation versus hard
surfaces ) unless proved by the applicant to be infeasible . Bank stabilization
projects may also require a Hydraulic Project Approval from the Washington
Department of Fish and Wildlife and will be determined after consultation with
WDFW .
f. Gravel Mining: Gravel mining is discouraged within FWHCAs or their buffers ,
and it shall not be permitted if it causes significant adverse environmental impact ,
but it may be allowed following the review and approval of a Habitat Management
Plan , including a detailed mining and reclamation plan (required by the
Washington Department of Natural Resources ) .
g . Conservation : Any conservation , preservation , or enhancement projects to
protect functions and values of the critical area system , including activities and
mitigation allowed pursuant to the mitigation priorities identified in Section I .
Mason County Resource Ordinance February 10 2003 Version ( bold is new text ) 5
h . Outdoor Recreation, Education and Trails: Activities and improvements which do
not significantly affect the function of the Fish and Wildlife habitat or regulated
buffer ( including viewing structures , outdoor scientific or interpretive facilities , i
trails , hunting blinds , etc . ) may be permitted in FWHCA or their buffers .
I . Trails and other facilities shall , to the extent feasible , be placed on
existing road grades , utility corridors , or other such previously disturbed
areas ;
ii . Trails and other facilities shall be planned to minimize removal of trees ,
shrubs , snags and important wildlife habitat ;
iii . Viewing platforms , interpretive centers , benches and access to them ,
shall be designed and located to minimize impacts to wildlife , fish , or
their habitat and/or critical characteristics of the affected conservation
area .
iv . Trails , in general , shall be set back from streams so that there will be
minimal impact to the stream from trail use or maintenance . Trails shall
be constructed with pervious surfaces when feasible and trails within
FWHCAs are not intended to be used by motorized vehicles .
I . Road/Street Expansion & Construction : Any private or public road or street
expansion or construction which is allowed in a Fish and Wildlife Habitat
Conservation Area or its buffer shall comply with the following minimum
development standards :
I . No other reasonable or practicable alternative exists and the proposed
road or street serves multiple properties whenever possible ;
ii . Public and private roads should provide for other purposes , such as
utility crossings , pedestrian or bicycle easements , viewing points , etc . ;
and ,
iii . The road or street construction is the minimum necessary, as required by
the Department of Public Works and Fire Marshall , and shall comply with
the Department of Public Works ' guidelines and Fire Code to provide
public safety and mitigated storm water impacts . Minimum necessary
provisions may include projected level of service requirements .
iv . Construction time limits shall be determined in consultation with the
Washington Department of Fish and Wildlife in order to ensure species
and habitat protection .
j . Agricultural Restrictions: All new and existing agricultural activities within
any FWHCA and or its buffer, unless exempted as provided in subsection
17 .01 . 110 . F . 3 .
2 . A Habitat Management Plan ( HMP ) will not be required the following activities which
comply with the development standards below, except as specified :
a . Stream Crossings : All stream crossings should be discouraged and alternatives
should be explored . Any private or public road expansion or construction which
is proposed and must cross streams classified within this Ordinance , shall
comply with the following minimum development standards :
I . Bridges or arch/bottomless culverts shall be required for all Type 1 , 2
and 3 streams (which have anadromous fish habitat) . Fish passage shall
be provided , if necessary to address man -made obstructions on site .
Other alternatives may be allowed upon a showing that, for the site
under review, the alternatives would be less disruptive to the habitat or
that the necessary building foundations were not feasible . Submittal of a
Habitat Management Plan which demonstrates that the alternatives
would not result in significant impacts to the Fish and Wildlife Habitat
Mason County Resource Ordinance February 10 2003 Version ( bold is new text ) 6
Conservation Area ( FWHCA) may be required if the information
necessary to determine if the permit requirements contained in
subsection I . 5 . have been met . The plan must demonstrate that salmon
habitat will be replaced at a minimum 1 : 1 ratio .
ii . Crossings shall not occur in salmonid spawning areas unless no other
reasonable crossing site exists . For new development proposals , if
existing crossings are determined to adversely impact salmon spawning
or passage areas , new or upgraded crossings shall be located as
determined necessary through coordination with the Washington State
Department of Fish and Wildlife and the Skokomish Tribe , the Quinault
Tribe and/or the Squaxin Island Tribe ;
iii . Bridge piers or abutments shall not be placed either within the floodway
or between the ordinary, high water marks unless no other reasonable
alternative placement exists ;
iv . All stream crossings shall be required to pass 100 year projected flood
flows , even in non-fish bearing Type 4 and 5 streams . In addition ,
crossings for Type 1 , 2 , or 3 should allow for downstream transport of
large woody debris ;
v . Crossings shall serve multiple properties whenever possible .
vi . Where there is no reasonable alternative to providing a culvert, the
culvert shall be the minimum length necessary to accommodate the
permitted activity.
b . Land Divisions : In order to implement the purpose of this section and the County
Comprehensive Plan , to accommodate design innovation , creativity, and
flexibility, and to achieve a level of environmental protection that would not be
possible by typical lot-by-lot development, the use of the Performance
Subdivision process (Title 16 Mason County Subdivision Ordinance ) is strongly
encouraged . Divisions of land (Subdivisions , Short Subdivisions , Large Lot
Subdivisions ) shall comply with the following development standards :
I . In order to avoid the creation of non -conforming lots , each new lot shall
contain at least one building site that meets the requirements of this
Ordinance , including buffer requirements for habitat conservation areas .
This site must also have access and a sewage disposal system location
that are suitable for development and do not adversely impact the
FWHCA.
ii . After preliminary approval and prior to final land division approval , the
common boundary between a required buffer and the adjacent property
shall be identified using appropriate signs . In lieu of signs , alternative
methods of buffer identification may be approved when such methods
(fences or enhanced native planting ) are determined by Mason County to
provide adequate identification to the buffer and the FWHCA .
iii . Buffer areas shall be dedicated as permanent open space tracts ,
functioning as FWHCA buffers .
iv . If development is proposed within a FWHCA or its buffer, a HMP is
required .
' damage te the area shall be
inimized by the fnl ' OWinn mothers .
m
I . I{� "� Ipri iiienivtign oftrhre E ' E m ovE n > a'ti ®n plaR agreed i nn�o 'i�the y'7ic`6Grnr
VI n � �Ilty ef the
Mason County Resource Ordinance February 10 2003 Version ( bold is new text ) 7
IG
u,) and/e�
N rl. Genninn Ieeate net rleser than the outer b offer edge
i OF If rleiielenment is proposed within A FIA ( HCZA or its b iffer a HMP is
' I ' m 11rent
A Mason Envirenmental Permit is net required fer these eeriG 't iral aGt0vities
C. d- Utilities : Placement of utilities within designated Fish and Wildlife Habitat
Conservation Areas may be allowed pursuant to the following standards :
I . Construction of utilities may be permitted in FWHCA's or their buffers ,
only when no practicable or reasonable alternative location is available
and the utility corridor meets the requirements for installation ,
replacement of vegetation and maintenance outlined below . Utilities are
encouraged to follow existing or permitted roads where possible .
ii . Construction of wells , sewer lines , water lines , or on -site sewage
systems are not permitted in FWHCA's but may be permitted in a buffer
area when the applicant demonstrates it is necessary to meet State
and/or local health code requirements ; there are no other practicable
alternatives available ; and construction meets the requirement of this
section . Joint use of the sewer or water utility corridor by other utilities
may be allowed . Encroachment of more than 50 feet into the buffer will
require a HMP .
iii . New Utility Corridors shall not be allowed in FWHCA's with known
locations of federal or state listed endangered , threatened or sensitive
species , heron rookeries or nesting sites of raptors which are listed as
state candidate or state monitor, except in those circumstances where an
approved Habitat Management Plan is in place .
iv . Utility corridor construction and maintenance shall protect the
environment of Fish and Wildlife Habitat Conservation Areas and their
buffers .
( 1 ) New utility corridors shall be aligned when possible to avoid
cutting trees greater than 12 inches in diameter at breast height
(four and one-half feet) measured on the uphill side .
(2 ) New utility corridors shall be revegetated with appropriate native
vegetation at not less than pre-construction vegetation densities
or greater, immediately upon completion of construction or as
soon thereafter as possible due to seasonal growing constraints .
The utility shall ensure that such vegetation survives for a three-
year period ;
v . Utility towers should be painted with brush , pad or roller and should not
be sandblasted or spray painted , nor shall lead base paints be used .
d . e: Forest Practices, Class IV General : Timber harvesting with associated
development activity involving land conversions from Forest Use , or otherwise
meeting the DNR definition as a Class IV General application , shall comply with
the provisions of this Ordinance including the maintenance of buffers , where
required . If harvest or development is proposed within a FWHCA or its buffer, a
HMP is required .
e . f� Mobile Home or RV Parks : new or expanded mobile home or RV parks shall
comply with the following development standards :
Mason County Resource Ordinance February 10 2003 Version ( bold is new text ) 8
I . Lots or spaces and other improved areas shall be outside of FWHCA
and its buffer. Roads , utilities , and trails may encroach on the buffer or
FWHCA as provided elsewhere in this section . The project as a whole x ,
shall not adversely impact the FWHCA. i
ii . The common boundary between a required buffer and the adjacent
property shall be identified using signs or alternative methods
determined Mason County to provide adequate identification to the buffer
and the FWHCA.
iii . Buffer areas shall be designated as open space and preserved to the
extent possible .
iv : If development is proposed within a FWHCA or its buffer, a HMP is
required .
f. g Marine Activities : All activities in tidal/saltwater submerged lands shall avoid
impacts to eelgrass and kelp beds to the maximum extent. If eel grass or kelp is
known or suspected in the vicinity, then an aquatic vegetation survey is required
to identify the location of eelgrass or kelp . Unavoidable impacts to these
sensitive marine areas shall be addressed in a Habitat Management Plan that
presents an acceptable mitigation program .
g . 4: Chemical Application or Storage : Chemical applications are not permitted within
FWHCAs unless expressly approved as part of a farm plan , forest practices
application or for the control of invasive or noxious plant species . In cases where
approved chemical applications occur as part of a forest practices application or
farm plan , proper reporting procedures shall be followed . Chemical application
consistent with state and Federal regulation does not require a Mason
Environmental Permit , but it does need to comply with the standards included
herein . Chemical storage shall not be permitted within a FWHCA or its buffer .
[ No proposed changes to subsection H , 1 , J , or K.1
Mason County Resource Ordinance February 10 2003 Version ( bold is new text ) 9
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Mason County Resource Ordinance February 10 2003 Version ( bold is new text ) 10
VaOlwI30 GENERAL EXEMPTIONS
A
The following activities shall be exempt from the provisions of this ordinance :
A. All policies , regulations , and procedures of this ordinance are null and void and have no
effect on those activities and uses conducted pursuant to the Washington State Forest
Practices Act and its rules and regulations , WAC 222- 12-030 , where state law specifically
exempts local authority, except those developments requiring local approval for Class 4
-General Forest Practice Permits (conversions ) as defined in RCW 76 . 09 and WAC
222- 12 .
B .
effontive date of this nrdinanno
GM Normaland routine maintenance and operation of existing irrigation and drainage
actions , farm ponds , fish ponds , manure lagoons , and livestock water ponds , provided
that such activities do not involve conversion of any wetland not being used for such
activity to another land use .
CB . Normal and routine maintenance or repair of existing utility structures or rights-of-way .
D€. Passive recreational uses , sport fishing or hunting , scientific or educational review , or
similar minimal impact , non -development activities .
E . Site investigative work required by a county, state , or federal agency, or any other
applicant preparing a land use application submittal such as surveys , soil logs ,
percolation tests , and other related activities , provided that impacts on environmentally
critical areas are minimized , and disturbed disbursed areas are restored to the
preexisting level of function and value within one ( 1 ) year after tests are concluded .
FF . Maintenance , operation , reconstruction of, or addition to , existing roads , streets , and
driveways , provided that reconstruction of, or addition to , any such facilities does not
extend outside the previously disturbed area .
GK Any project currently under review by local , state or federal agencies prior to the official
effective date of the Mason County IR erimfT Resource Ordinance (as amended or
adopted ) are exempt from this ordinance and will be grandfathered under previous
Resource protection measures ; except for projects which are affected by the invalidity
finding of the Western Washington Growth Management Hearings Board dated
September 6 , 1996 , and subsequent dates .
H4 . Installation , construction , replacement , operation or alteration of all electric facilities ,
lines , equipment or appurtenances ; water and sewer lines ; and all natural gas , cable
communications and telephone facilities , lines , pipes , mains , equipment or
appurtenances within the previously improved area of public road right-of-way or
authorized private road ; but not including the construction of substations .
Mason County Resource Ordinance February 10 2003 Version ( bold is new text ) 11