Loading...
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 Page 4 new text hike� 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 MASON COUNTY DEVELOPMENT REGULATIONS DCD proposed 0240-03 version Page 2 new text st 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 Page 3 new text &#ikeout4e 4 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 . MASON COUNTY DEVELOPMENT REGULATIONS DCD proposed 02- 10mW version Page 4 new text s.�� 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 : MASON COUNTY DEVELOPMENT REGULATIONS DCD proposed 0240-03 version Page 5 new text stoke 4•* 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. MASON COUNTY DEVELOPMENT REGULATIONS DCD proposed 02- 10-03 version Page 6 new text s*.-:'n . .+ ex4 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 Page 7 new text s*k a^ 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 . MASON COUNTY DEVELOPMENT REGULATIONS DCD proposed 0240-03 version Page 8 new text s+. ;A 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. MASON COUNTY DEVELOPMENT REGULATIONS DCD proposed 02- 10-03 version Page 10 new text stnkeeu 4ex4 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 1 43 cm m m a Sw a O " g m Z O 2 � z _Q Z N Z S Q Z w O O SZ =� Q QQQ W 9 z Q N � maO W ZImFU- cj = 0 S NtnUm ¢ m O O Jmn p cn W O O o 0 W S z z to U W Q > J J J Z W a U W a W LL_ W Q v- U O U z_ ¢ 0 S z - a J cu w O Q Q a w LL n' ¢ 2 Y LL. W S Y w Z 0 U Z W W w - Q W Z_ ZZUaUW WI- p0 ap W I- hl- ? LL0z } zZOI- � � Zt- tn I- U L � � ZOOogU' - }. } Ur S W J � W } f- W F- U = (n W ZZ J � p Q WC7C9aQpQQZU � U � J } aaa2flJp -� Jjwz -jU' - - � 0� a W tea' W S Z a W W w J W a a Z a' J 0 U W W W '- Opp - ZW Z W U a4 W Oa Z - OZ W W UO U N WOWW m > cnWa OOOZOS WXW J - } F- 5 � � � Zmm O < Ar u) y � = � YQ � UQ } � ZU 000 ¢ ptnWw JpOO zSU - - - ¢ Of = F- } J � V ZU I- F- F- am W wM0.'S -j � '' QmQ � a MQ SZZ C U W ZZ F- a � � _1J -� (9 p0Q °� YYYO W ptay Z Q Q � Z3: 0 o� S � Z w a) > - - mmC� � � Z } F p } '� w0w OuLL 06w = = 1) -3 � CWjwaS � wO = EO Wzz < Z Q � � JJQZ � � � � ZOQOQpSOptnp � >- ZpQC9mU Q S S LL Q > tY 1- a WOOmm2UU mcn ¢ W � ad = F- i- F- mO -' cn ` � W -' w = J � WwJ � Qza Z o f= F= WJj0ww aWn musW � awww > SWwF- a = 0E- F- F- Qw � mOW < OQ Z_ QQZQUS � Oa � W } U' } W YYYaF- ZZfn W OfA ¢ aRm � ?� a � JIAF m W > N F " Z QSSaOQUQOOJF- QZQOOSVUOI- OWOO QQ — Q � X � 06M330E- 0002 < 2ww0 ) :55 :5 <zp � acn2cnavf If 1 � S � � � Y 6 Cf) y (1, W D S+ " M MN 00 O 00 to00 Q t` Nti (D (D m (f) O M (D 000000 M O O Cl M t� d• tilnN (C) O Mti00 00 (MOO N p = C a6eaJoylelolIN IN � r � ro � oor � rn � 000r (n (o � vrmMov (nNo (noomor Z c 0 N (D O O Lr � M O N 00 mr Orr (OW d' 'ct 'ctM m O O N OOrO (V OOr000tnrN W gE = Q ,UO � Q N JNINOZiv2jmj � MUUUU �- � �- � U � 000 N M MMr t UU < p cc Z - - UF- f- F- F- U - - ZUF- F- ZF- F- F- F- - - UF- 000E- I- - U - UUU - UI- F- Z , Co trtr � � � � m � � � m � � � � 0r a wkRtrwwwC� C� aQ� aaamaaaa Q cncncncn !n mJm W W Zw JYJ a W W J_ Qa J W W a a a a a J — J Z F- a w U U O z SUQU cnw :) < � QQw < C/5 S Qzli ¢ � � � � F- z Z0 F- p I- > 0 I- O a J W -w fl W W V - � C9C9U` U) 0 � = Q � Z = wwa W W ¢ QaQ c� a ¢ Q ¢ Q ¢ zJc� wc� J z ww 2U 3SnaNlfim wUUUUwg } azmza ( E Waaaallaa JC zzzQ � az W Wa W tYaalrmU � ZD o 2 � � 0 » Z) DQn � � iW = paa. a= a W > oUFo > F oo � F- w � � O �, Z 2ZZF- 00001 - � zQ � USUO � � � ag - > UF- O UQZ W ZF- I- F- ZSUZ Z C N O W W Dlraofa WOO � QQQF- Q Q QQ ¢ U ¢ Q W Da0 W O W J W DDQQOF- w0 = O L UOOQC9C9C� C9 � UUOLLF > O � � UUU � In � Hww < 05wmOwC9QQlllUOWZ f- U 'a �QO.7 � Sn Qt` M hMr N N NN O( d(n' 0 0 00^ ct.� ONNre- M � tOh rrr 000CU OWCOr00000MO00r0 mrOM00 (ONOM (DN (O (D0000I tin LID f00Oo r2M } MOto �y DW t � N0 (O (� (10 ti 0 � DO (D W n-1 J J J J J J J J J J J J J J J J J J J J J J J J J _I J J J J J J J J J J J J J J U c 1N3WdOl3A3a � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 0 Q � 22 � 22atYa22a' 2a2lYa � lr2ama2Rww1wC fY22ac 2wwww w w d Q O O O U) O O O O m O 0 0 0 M O O r O 0 0 CO 0 0 0 0 0 0 0 0 0 0 0 CO 0 0 h N O O d' (D (D O (D CD O o O O m M r � 0 0 0 CI (D m CO 0 M Nt (() M r �t 0 M (n O O N CD IO CD CO O O CD O N O O O O CD O O O ClO O N N M M M O r N 0 0 0 0 0 0 0 O O O h O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 r 0 0 0 Q 0 0 0 0 0 (D (D f D 0 0 0 0 0 0 0 0 m 0 0 0 0 m o 0 0 m m m m (D O O m 0 0 0 0 0 0 (D 21� 8WnN ' NNNNONMO NMN Or= NN Or st � lh � � r= rre- - NNNN � r M �= V' w 13M:lVd 4 N N (n ( I r N N to N M � M (() �' �' r M (7 M r h � r r r M N N N r r Cq Cn N r J (D6LO, ab 0(U Ob d) 6 M (h 00 �' Avm 0 (b (b (b (b O) NNNNNNN . � N04 qI r m O O O O � M O M M M O O O N O O O N N M M M M M M M M O O O O O O O O M rNNN (- 7` ( 1` ((`I N MM M M 0000 r r r - �-- �-- a-- NN NN NNNNN (m N N N N _ (V (V V N N N N N N N NN NN N N N N N N N N N NN NN N N N N N (1 N N N N N r r r r r r r r r r r N N N N N N N N NNN N N N N N CI N N N N N ONdbW rNMst (p (Dl� aomOPNP �tvOP� Or00NNNIN NNNNNmmmmfJfmMM007MMM0 co O M m m N a� rn � W U') a ~ cu ._ cu ._ m m cu m cu m m cu cu _ cu _ cu U O o c `_ - - _ r� Q M J J W W W W Z d 0 J U } >M } �' Q Q d0- tYQ aQan Z F- z000QwW � J J _I JJ � UW W U0 � UU) Z U) U) W U) U) YJ W Z ZQQQ0z (n W W UUU W F- >- — W W W W (n � QSrQ Q U U U z W p Z Z Z �Qr❑J n � T Fw= � Zm 2CofZC' cr2 z05 060606 < 0 . 0 z(—n zl—lJ z W O � coQ Qz Om -) ZQ Z) D O � Yof0 WW 0 - OOO = Wz ❑ U W W W ZY � cnW ) - U) U) f—n F- - J2 = Y - Z000n � 0Z oQ0ZnAwnfnnFJZ ZO } MofaeG > JQJZ WWWWWJ OZ JWOOOWUUWW UUU - - � QF- Q ❑ Q0 OoZrs N J QQ =Z >W }QW OQ W—Q =❑ QW QW QQ OQd �ZOWW Z QW0fUwDwo' Y = yUY ❑ n W o_ n2ipZ V� �� Z F- —Y— U Z Z- WW fn ❑ } - } } OQOOW >- ZF- 2WWW > Z < rLODOG — Q R � — W QW ❑J �EQQ - Y = pQ � O O ZF- Z F- W (n ) u) ° 0 (n M < QQQ W rmL 0022F iC - ❑ ❑ O wW WW � Zn � U W ❑ W J W WZ0 = z � UQH� U U) Zwxo_ nY WYZ ❑ WF' ZWYYZYofYYWZ W ZQ UWWWZ W Z W � QF F � Z ❑ ooQ WWWZ ❑ ZQZZ � ZJ - � OJWUU (QN —U U)JW2 Q— Q = > Q W W W W W Q X Om0 ❑ U mod) - il202U :E2Y0_ 0UW -> >> 2mmmm IL00d ❑ Q Uj W M (0 N r� � ON 'd• ti (0 Co 00 (n r` r� 00 (0 LO ONOO (D N N M Od• d• O � O NON obegiov 18101 � O N d: 00 Ch 6 (D � d: d. (n N .- .- OO (D rid, 0) LO Q) OM 0000 ('7NOMO .- NON N c- tnOO �- O �- M �-- � 6N �— Oc- �-' t• � O �— ONM � �— MOOCO (Ni (V �-- � N co OOOOM W U) ONINOZ wdmj U N d' d w W o_ Q_' W of Of N D! W W M C N O N N M U UUU U < F- - UZUz - ZZz ZZZUZZZF- - U - ZOF- UZUU - U - - F- - - F- F- F- F- F �j F- Q ❑ p UU 0❑ Jw z 0 D Z o W W W ( JJJ > JJ J Z = WWWgQQ gm W = QF- 1- W zzz 0) coU) < ❑ 2nnzCL Q = 2 < 000n w (n W» >0W ❑ U MUUUWUUF- RMW 0W WWZZO OUWOW WCWWWWpO ❑ OWWZ¢ Q Q W W W W oof < z � w � 0 > 0Y0YW JU U= U) 2QZ � Z � � �EM22 J � � � 0 - zz0 UUU tL ❑ WW W W W O J� W ❑ UZOWQ = QOOOWOO ❑ oWZ =j = - pW ❑ ZZ - 0wM < < U2n > nUUU (r00 .1Z 3: W � � aoNN (nQU (Dcc2 G ( C d• M O 0000 M N M O O O O o a CD 0 M N NO O N N N N O 00 0 O M OM N 34O03sn0) r` O NF` %* % tortr` rtiO � O _ t• NNM00 Ocn ( Mti t` r 0) 0) 0000) _ 0) MmNN (n0) (() � d• d• gct0Nd• 0) 00 (O N0) 0) Md• MMV) 0) 0) d• d• d• Md' (D (D (D 00 00 0) M co co co O M (M (O O) O) N r` (D 00 N co (n .- CO , (n (n cn CO (D co (D r� 00 M I` ro I r� r� ti J J J J J J J J J J J J J J .J J J J J J J J J J J J J J J J J J J J J J J J J J dADdOf ( ( � <w <w Q<f � � w � � � ( 0§ C � <w9g � � Ww � 1N3WdOl3A3a » » Z) D » » » A D D D » » » D D D » » D » » » D » wwo a� , C� o! w1wwwwxC� ofwwwofwQ� DfwG ww0 IYw0� 0� cl� wwwwOfo! w O O o O O O O O O o 0 0 0 0 0 0 0 0 0 M O 0 0 0 0 0 0 0 0 0 0 0 0 CO 0) O N O N M M - MO O N (M d' (n (D N M (D M r` d- (n N cn CD Nr` M 0CD r` d- d' (n O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O N N o 0 0 0 0 0 c- 0 0 0 0 0 0 0 O O O O O Cl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 0 0 0 0 (D 2� 8WnN (D °) °) °) o000000000000000) 0) 0000) 0000) 0) rn o 0000000 O Ntn � d• d• M �' d• 014 C Od' N d' I IM NN (M MM0000N '13MJ dd C 1 M Ih m I No N me d• q• d• qT d• d- q � �• t � CO d• qt "• � N M M M co co (n 0 to (D (0 0 (0 co d• (n co 0 ' It r� n r� n r` r M I` 00 CO 000000 N N N N M M d- %tt d�• d• d- N CO o 0 0 N N O O N N N N N N M M M M M M M M M M CM M M M M M 0 0 M M d" 0) 0) 0) 0) 0) O O O O O O O O O O O O O O O O O O O O Co O O Co Co O O O o O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M M co M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M ONddW � v � � v � � � v (on (n (Nnr0n ('n (`nn coo (rn (on (Ln' ccoo0 ((0c`OD (0 ((nD (D0 (DCDD � r= � � � � (rOrr- °r%° rr 00 M O M N 9 LY M cu a � w U') o � g(o co Z UUUU UUUUU Z (n (n } Z z Z Z Z Z Z Z Z WO :2 2 w mmmm mmmmm OCO j ¢ ¢ U (r� DZ) D ppppU 0� — W pp } J J J J J J J J J W3: m Q Q UUUU UUUUU m w a to } } } } } } } } U U U U Wcn W — of of awzwwaaaZZZZ Z Z10� h ° F- Ol- F- I- - O m W 00 U W atS h h h h Q � p W ZZZZF- ZZZZZI- � � � � � JpZ w UUUU J h ¢ p a O D U U U J U a U) J J J J O O Z otSh � U) U) U) U) OJJJJWmm W a iy O O O O Z O O O O O Z Z Z Z U Z ¢ p 2 � O O W W W W � Q Q Q ft Z W W } O U O = a a a W Q Z Z Z Z hYYYY (n YYYYYU) U 9 JQJJ h UZUUUUQUUUUUQUUU ¢ U J } > = JU) (n (n (n (n W > ppppp0.SotS � 0� ofw ° 06 ¢ w ¢ = �: zzzz � w �n (ncncn ,�s � � � Owwww W WwW W W W W m W � W hZp } W - - - - ¢ pdSotS00 < = � D U � � � � p � � � � � p Z Z Z U Z J p = 2 � z 0 � � � � -� tL Z Z Z Z 2 � FF- O m (nZJJJJW JJJJJ W Q � Q �.. JJW OZQ ¢ ¢ Q wowwW W ¢ W W J � = O Y Y Y Y Q Y Y Y Ill Y Q z m z Q cn R Q m -j J J J Z Z z w ¢ h QhF- F- F : F- WOQpW QF Ixof � � Jowww W — W W � R ° � gggg (nog , ' J (n � � � O2mooTym n000UWaZZZZ § YYQ Uj W to O U) a6eaaOylelolM oaNgg o omOL n- � � v �mw (OON � o qq6 ,rUc%4N � 7oo �m0Nwtltt- q;tm4 N (V OCV ter C; 6 0000rgymO OV N O O � O to O OCV �-- 00 W U) D J JNINOZit2Iflj UUUUU t qrt Q R Of JJJJJ < OJJJJQRTTNT UUUUUZODUUUZ n O2 zz (n QYQn � U O YYQ (QnUcn` QYQY U 3sn aiI owo (n (n (nv) (nQcn (nU) U) (n WC7 CJ7 CJ7 CJ� CJ9 CJ7 Wm JU JO JC7 CJ� JC� W CU� CU9 UaC�' CU� UC� !Cr7 U alQQ-' CQL C9 c/m U Co9 C9 Cn� ¢W Uc9 mmmmwo m m < 1wWZW = WWOa aw hWW za WFW > > Q00ZzLLLLLLLLU. U.U. U. U. U. O0000002 - U � 0ca w ¢ wWW - W wQQ W W w O Ww Ql- of w (D 30003Sfm 0 0 Nti Nt Nti N N O qt mh0OM- (DOfNOCD CDM M � q�td "t7e1 VNrd ' qct d 0 0 00 t q1tt n m . m f o w qt o to M o toM f� l lt� � 0 r� LOou . r- tor� � tor� r- r rd (oOO r• I r� to d3�d J¢ J J J J J J J Q JQ JQ Q JQ Q J¢ J J J¢ J Q J¢ J¢ J JQ J J J a J J JQ Q J¢ J Q Q J J Q 1N� WdOI �/�3am � � � � � � � aaaaa � a � a� a � aaO aww Xa � � a U p p p p p p p p p p p p p p U p p p p p p p p n p U p p p p p p U p p p qt M0 W (D N O O Io (00000000000 000 M N M et 00 NM d' V' m 00 h 0 0 0 0 LO (O 00 O M CO O O O O O M O M d' O O N O N N N N O O N O O O O N N N 0) Co O W 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O Cl N Cl O O O O O O O Co O O O O Co O O O O Cl O O O O O to 0O0tt) (I ) tn (() 00 CO O COO (D0000000000000 � 00> mmOOQ7 N38WfN m000 N N N d O O O N N N V � d v � O O O O (M M M (M M M M � � ( 7IV) NNO M � (nttN � NNNNNNNN- 30aMdrLOOLOto M � n � t� t� h � ti r Y n I r� M qtt to to 0000 r� M NM0MMMM (On O N N N N N N N N N N N O O O O O O N N M M M M M M M M M N M M M M M M M Co M M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N NM M N NM N NM N M M M M M M M M I M I M M I M M M M M M M M M M M M M I M I M M I M co M co M M co M M M M M ON d`dW NM � t() M � W Q) O NMd• tl) (Oh00 O) O NM 4t LoWTJTI D1O c- NMvtnM � ao O) O OO C0 00 00 00 00 00 00 00 O M O O) O QI O O O) 0 a Co 0 0 O O O �- r- •- N M O M N 4) D rn ro LL � w }L Uo Q = = ro ro ro _ _ ro ro .= _ _ = ro .= ro ro = = ro ro ._ Q c c c c a - c - c c � O � g M Z U tY Z � � Ww QQ z J U �cn O � } } W (W) z UU w w = � azz � � QwwWd » Qz z 2 0 U � zCLzwCLCL s >ZZQ2 Up (� zU) z � wJF ODOOOO >00 < >moo < oo QOXUwFY 00 0 O w W Q Y JR U U (n � C a W — J a a V U a Q a a Q a a Q a V Q 0U) 2: U wU � o � Wgg ¢ wwzz za = lyobZ< 22zz222 � 22222z2 � � WLL ww F- F- < mJQQ � ZOWWQOOQQo0000o000 < 0 J LL' Q pu (q (Z � pQQ 06 Z � (A (f) YOfF2 � » FraQ > F uzz as = = aaaaaQQQa = a -, �c >- asC� W U � F- F- F- F- F- i - F• F- F- F- F- (nF- C (� JQZ0 W JJW00 > Z QQ CLL' Q } � � g W = a z 0 0 z O V a p } m m O _ Q LL LL U. U. LL U. LL LL LL LL LL LL m 2 � � OJ U U F- F• J a- W w U w 000000000000000 Y Y w ¢ JJ (ncnJa ww pQQ000Z W W p W W = 2 = JJ � � WQ _ JF_ I_ F F- F- F- h F- X F 0MZ -� UztLa (nU � � 01mc� m � c� UUgg0 , 0U0v � � U5 � , r� M Lo t� to qqt O d O N n O a6eaJoylejol d0O 00t� OO (Dm Lo M Of` Om O � dN 0O OOO NOO @n O O 0 O00 O r r M h <tM NN MLOM ) 0000NNNNNIN nOON - ( ) O M OVONOnM NOOn N r (O Nr� MLo d' t` OOOOOOOOr000 (V d0 W JNINOZIfRin2i md0� FY 0� 0� UUUUUUUUUUUUUUU < F- F Z Z Z F- F- z z U F F U z U z Z F- _ z z _ FE[ E- F- F F F F F- F F- F- F- F- F- F- F• F- w � � L E E w C cr CF m � L L x � L f hjc w m o o� FY 0 fG Fw w w w w w � (n w < wFf 00 � � Z > J WJ W (n (nJJJJJJJJJJJJJU QF � [L Zit (Lo z � Jw m Z W mF- F UUUUUUUUUUUUU W p � U a 022 = Wa > > z p o (npp., mm � Qa0F w (.) QU) o � � Sn (INV] � (njooF= = 00 ¢ UU � > OF (n (n (n (n (ncn (n (n (nin (n (n (n (nu� F- � wDooFQF.FwOOJn. LL � WF(ynFwc9 awm0cl� .uwF wwwwFYmFY0 mofwY � � 0w � � ° 0 > � � Q » w0LL2o � z � o � � � UUUUUUUUUUUUUp (gZFYgQUU � � F- 00 > F 0 z OmFYZZZZLLLLLLLLLLLLLLLLLLLLLLLLLL (n W Wo :) WW W D DwDfw < ocYoQ Q_ QQQ W W W JJ J J J J J J J J J JJW 0_ 0QJ0CtCLJJOf 00E- 2a0 () C7ULLw0C7000C9C7C9C70C90C7CD0C� FY O r 00 LO O (D Cl O O O O O O Cl O Co O O m M (Drr N N N N N N N N N N N N N O 30003sn Or 00d8 OOONNNOOnd Nto Lo dr� rr rr � � 00 N (n � ti N N Ltj r n W)j qIN R (DD � W � N Ln 00 (MD � � N n � � n n � � � � � � n � ���� J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J 1N3WdO13A3a 7) » » » Z) D » » » > » » » 7) » D » » » Z) Z) Z) » FY � � FY � <Y � � FY (If 0� Of0 Fww W 0� of Of W C� WWofO' O� FYFYC� C� 2FYWofof WFYOf 00000000000000000 000o000 w rno Mdto 0Od rd (DN O O O d O CO 0 N O n CO N Ln O N N N M In N 00 M D) 0) m 0 ) m ti f` O 00 O O P O O O d O O O O O O O O O O O O N 0 0 0 0 0 Co 0 0 0 0 0 0 O O N N O in o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl 0 0 0 0 0 0 0 Oor0 (oOo0oOo000OOYOOOOOo (DoOOOOoo00 00r0�' - 002j38Wn 'C (D C 1NMdMMd O OLn It N d M 0dM000 0000000 OrMh LtMMr13Mdd roO NN Nca rNNd (M d O Lo Lo Lo (n Lo to LO Ln to to Lo 0 too N M n d d d d �' d M co 00 OO N N d d � M M N Ln CO Lo On On O) M 0 ) 0) Or On On O ) 0) m On m N M M M M N N O O. O N N N N r r N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 49t It et d It d d 0000000000 r N N N N N N N N N N N N N N IN IN M ONMM M MMMdddddddddd dd <tdddddddddddd d d d ddd ON d` H NNNN N NNNNMMMMMMMM MM lt d %it d � d dd dd Lo0 Lo to Lo to Lo 0 IS Lo CD r r r co O co N 0) to (1) rn M a mow LO 0 � o2i (6g co UUU 000 O QQQ cncncncna 0 � of UO 0 0[� F 0o www cn U) z wwwwF W W W W Q w S S S = = UWUWz Q QUUWWWQ w � 0U 0CU 0U 0U 0 i) n (QCQr0 � 2201= w000Swwwww ozomomomomo `eSSSNwozQQQQQU n � � -) of >- SSSZU � SSSSS } >• } >- Q Z U U U O W O . . . . . UUUU = ZQQQJw qKT Z Z Z Z U W w w W J Z Q W w w w w QQQQo2S � mmm W U. J Z Z Z Z 06Q Q Q 00 W U Q Z Z Z z Z 060606a ya: 0QSQQQQQ J J J J Z V w w wZ � �•'� � ZZZZZ N D D D 2 Z Z Z 2 x aQaa <atL 21212tL � > waaaQ � a v) w LO to to o U abeaao eo � �` � tAr� d CoNMNO0o0 0o N y131o � � cyv t` 4 c60006orr• tna N OC ) M W 'ct Cn w rn D J JNINOZwzimi � UUUUUUUUOf to U) U) U) � gQU) U) U) tncn cwnuWiu � � p � wlx 000 � � � � � = = = = oo 000c ) � QaQQa 3snoNVIWWWW nu� rn �n � � � a � � oUU w WWWW w � tYWlX2ooW » DQn zzzzzwzzz2ww000000 WWWWWQwWW0wwwaflwwWIW co CO 0 00000000a M C0 (0 CO t� to t` r` r- C) h n r` t` 1` t` ti t` J J J J J J J J J J J J J J J J J J H3 �jd Q 1N3Wdol3n3o9 Q� Qw999 9W<Q 9990Q9 Q<w99 Q<w DD » Z) 7) Z) » D » » » D 000000 CO r!' LO Oo0 N00000 N NCO NNNOO r` OOOOO O O N N O O O O o 0 0 0 0 Cl 0 0 0 0 O O O O O O O Co O O O O O O O O O �I 8 w n N rn rn rn rn O rn 0 0 0 Cl C0 0 0 Co co CD (0 M � d• 4t V• ce) c= CV N NC0 q . OOON 130UVdMMMMNNMMMto LOU') q e- NM "T O O O O (0 CD CD (D CO CD c- c- 00 LO c0 (0 C0 CO �--' N N N N N N O O O CO CO M M M N N N N N N N N N N m m 0 0 0 0 0 0 N N N N N N N N N N �- N N N N N N d• d• d' d• d' d0 9t 4t L ) to I to I LO 10 1 LO to 0 •ONddW c`oco (Dmc`noc`oo (D 00 cooc°)o � r� � � n � cr� rtirt ° CM O M N A�°'TL-� ENT A 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 Aqu O: oc .�. Cc h Q 1 lV U � `1 F+ O ko CJ � d ko 00 Q v m cC a o �; x a m 0 j . o ` ` 0 0 0 nl O N N � to h 0 v 0 U 0 , co . O 00 0 ® O _ � 0 0 0 N u, 0 N y l� M 0 p I CE o C� ti en 0 0 ® C o N O ro , rn I 0 v o AQ t I o ���� M 00 co 0 N c CA N z4L O E°„ On o In o o ° o � � o ® a o 0 r 0 I z 0 h, Y 0 0 y O ® c® 0 N M ® 0 M 0 d _ 1 r (BOARD OF COUNTY COMMISSION ADOPTION - FEB. 119 2003) DEER CREEK HAMLET Range 3 W, WM; Township 21 N ; Section 36 SCALE 1 = 400 ' 1 1 a o ho �® S r s/9� 2100000 75 S2149 � 2 / PC I SP 222 2140 75 00020 2200 040 21 00020 7 ` 00010 i s - - - - - - 21 00040 2190 219 03�F 3010 03 ' / 75 00110 ® N A N 2100120 2100 2190210 SP 0 ° 12 00020 12 90030 I 1290 4 2100130 2140200 SP 665 000 v 2200 12 90060 I a 020 SP 1767 12 90040 i h z1 go192 , 2100050 2190 S I ' SP 210 Z7 1 2 00 1070 12 90050 I �aie S 5/ 13 ! $P 563R 010 - - - - - L - - - - - - szo 30 21 90/ 9l - -• - - - - - - - - - - - - - - - - - 2403000 13 90100 13 90030 14 24 04040 2403100 c SP 363 S 1142 CC 0 24 04000 Y 1300 h KL � 13 00030 14 9 2493110w 00� � 2493120 u 24 04050 a W 0 0 14 9 2403090 — — 130008 1300 1300 13 00000 2404060 sae 080 050 240401 & 2403070 2403030 ' 1 W° o SP I &Aqy-f4 o °v 5P2s4 Al I SF 2� 07 i 2 f °0J0202403080 O 2�f tao /o / 130ar1 13G6 ' 24 04020 2403020 1 os? f3GA G'13 - 71 1 SP 41,3�v / 2403110 13 90000 i q1 - = - oos[t• 3800 S 006 \ 1 � 4290101 q2 (O 2 62 3 / 420010 00103 / i 42 00110 S S/�fZbot00 . � 3e 00010 S 2/3 4260 4200000k` 41 O 120 S Is/ ls2 ` r 70 06 o 42 00010 0 HAMLET w SOP OUTER BOUNDARY 42 00020 ® ® _ 31 06000 g 0 00 42 00140 S 5185 $ , 62 . #s 1 z I SP f O76 00 ON V' 0 V N i N O1 tv N M p O ro 4! u 103, R h M Z ® ® .� 0uv 0 *po Fy ro o ° z Oft Gn ® N H Q:zi o Q. 0000 — W Q Q > mmrru-) Ln , icna 00000 co 10F 00000 00O0O , a 2 Y M M M M M V V IT V' qQ- W Q p — N M V M _ N \ 0 co M W � - 0 08006b£ 00 N ao I p v ``, 00 00 N MM %t I re) V ' ao mo M o a 0 10 0 CS) a) a) 00 00 V - mn n N qr qr0 ' to 00 m m — 1 _ 00 _ h qw0 \ y q U N 0 c, N 1 Opf r ^ y (p H � � $ aH q p r QL cw Nfn O g 8 M ° 0 M Q M P ® �.. d , m, th t l OVOH 3XV7 839N3dS c 0 Q 2 W U r� 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 o VC d Q , IC) a 10 10 � G a m it 00 - IT Co Q W J �CS) ] Q or 0 Q ` o o Q 0 (� Q N N ® " 1 h h co O O O\` — n Q N Q O O ' O ti O CL\ Q' r� N O Cf' v - y O N O 4 _ N " V S t" (� O V O O V • � �n ` O O ( Q 0 - 0 N O O Q N G� At t r. oo v _ oQl en N O \ M ` i O , Q N � W a c o m WWO r.. ro � o 0 S R� G q cd a a t o o Q O A Q O y �Q (� M Q f V a Q z o I 9 I 1 I (PL,ANNING ADVISORY COMMISSION RECOMMENDATION - JAN. 2003) DEER CREEK HAMLET Range 3 W, WM; Township 21 N; Section 36 SCALE 1 " = 400 ' 1--- a o ti-oo ' 00 , o n° e0YZ O o 2 O (3 2100000 o fie ti 7S S2/49 v —� 1 SP 222 2140 ; 140 2200 75 00020 040 21 00020 0001p .' - - - - - - - - - - 21 00040 2 2190 2190 219 / / \ 03434 033 032o 031 / % p 75 00110 SP 2183 / ° N / � 0. h In 2100120 2 i o0 2190210 SP 010 12 00020 12 90030 I 78G 1 1290 2100130 2140200 SP 665 1 000 2200 12 90060 1 0 o. 020 SP 1787 12 90040 1 k r 2100050 2190 r 180 S 1 SP 2l0 � 7 1200 1290 1 75, S 5/ l3l 010 070 12 90050 y, 6ic SP 563R - - - - - - - - - L - - - - - - , , s2o 30 2/ 90/ 9 / — - - - - - - - - - - - - - - 24030900 4030 0 13 90 100 13 90030 14 5 24 04040 2403100 Q SP 363 S 1 /42 13 00030 *. .< 24 04000 2493110i 10110 14 9 F 2493120 u 081, 4 45- x 24 04050 0 W 0 14 9 2403090 / � _. IbOoo$ 1300 1300 . 13 00000 2404060 2403070 1 J f ? 080 050 240401 2403030 I 0 SP I e ng13q o O 5P2ss . r SP 1407 x 2403080 2403 1 a 14< 9Q )020 010 � 130b 24 04020 2403020 1 09 ? 13c�a 'SW 7 / 1 24 31 10 1 SP 4 / 13 90000 7i _ s _ eostt- !0 2 3800 3 p0061 , 400101 �Z 62 420010 00103 42 00110 S 5 �f10o(DO 38 00010 /� /8d . 1 s , s 2/3 $/7t 4200000t s 4120 S 161162 09 41 0 1 r 70 � oso 42 00010 Q HAMLET pop OUTER BOUNDARY r^� • 31 06000 a 51 42 00020v� 0 00 42 00140 S 5/8.5 SP 1076 S 10 / 00 00 ON et 0 V N N N N M C7 O O Z 103 . VN h I'7 Z Q N t 0 .e a Il _ 0 R; rb z Fr a ^ r 0 x o 00 N M � z h N tit OdE ! D ' O O / N � O N UO) rO V 2 w 2 > L4J n o � > v 00000 , CC 00000 rn n t ) MM V U O to Q0 vvvvv 2 k - NM V 1n ' N \ co ca _ V N I - 0 OB006b£ ylv� z v n Im 00 Z Z r N m � Q w n ° ►� 00 00 mvir w 00 h h h _ 0 p to 0 00 0) Qi Ot M 0) > ma Y V Grp rp / 00 N v0 r = b0 T 00 ` J 00 ` q m — mr \ b Y - y it OL 4 U N n V � N f oo h R ? n 1 tryOw ` INN U M ° G�9' P P M OVOH 3XV7 83ON3ds 0 2 u a 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 [New text in bold; deleted text in strikeout] 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 . 4 [New text in bold; deleted text in strikeout] 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. 10 [New text in bold; deleted text in strikeout] 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 : 11 [New text in bold; deleted text in strikeout/ Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD) 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 12 [New text in bola'; deleted text in strikeout) 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 ; 13 [New text in bola'; deleted text in strikeout] 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; 14 [New text in bold• deleted text in strikeout/ Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD) 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 : 15 [New text in bold; deleted text in strikeout] Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD) (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 : 16 [New text in bold; deleted text in strikeout] Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD) * 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 . 17 [New text in bold; deleted text in strikeout] Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD) (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 18 [New text in bold; deleted text in strikeout/ Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD) 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 19 [New text in bold; deleted text in strikeout] Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD) 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. 20 [New text in bold; deleted text in strikeout] Mason County Flood Damage Prevention Ordinance Feb 2003 version (DCD) 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 21 [New text in bold; deleted text in strikeout] 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— 22 [New text in bold; deleted text in strikeout) 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 ZIL 0 3 , s x � �CF Ito ' Cerny og' < iHC Ssr �� au . �<( 1 Go ' 6 Su (3 � � CT LoT zcs FIGURE 1 opw N 4 x Sub bCT AO 41 � o v � 3F d, Ey- FIGURE 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