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Home My WebLink About146-02 - Ord. Amending County Development Regulations Regarding Special Use Permits ORDINANCE NO . 146 - 02 AN ORDINANCET EN THE MASON COUNTY DEVELOPMENT REGULATIONS REGARDING SPECIAL USE PERMITS AN ORDINANCE to amend the Mason County Development Regulations (Ord . No . 82 -96) to delete Section 1 . 05 . 048 Minor Amendment from Section 1 . 05 . 040 Special Use Permit, the procedures for permit review. WHEREAS , the Mason County Board of Commissioners adopted Ordinance No . 82 -96 , which in part established a Special Use Permit review process to address those land uses which possesses unique characteristics due to size, nature, intensity of use , technological processes involved, demands upon public services , relationship to surrounding lands, or other factors ; WHEREAS , Ordinance No . 112 - 01 , approved in October 2001 , provided for minor changes to an approved Special Use Permit which did not constitute a significant change in the scope of the original permit or did not create a use inconsistent with the Special Use Permits decision criteria; WHEREAS , in April 2002 the Western Washington Growth Management Hearings Board issued a Finding and Order to Mason County to make revisions to the ordinance text that define decision criteria and impact analysis of proposed minor amendments to special use permits ; WHEREAS , Mason County finds that the process of a minor amendment to an approved special use permit, with decision criteria and impact analysis , is equivalent to the evaluation of the application for a new special use permit; WHEREAS , the Mason County Planning Advisory Commission formulated their recommendations after a public hearing on October 21 , 2002 ; WHEREAS , the Board of County Commissioners held a public hearing about the proposed revisions on November 5 , 2002 , to consider the recommendations of the Planning Advisory Commission, and the Mason County Department of Community Development and citizens ' testimony on the proposed revisions ; 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 adopts the amendments to the Mason County Development Regulations, as amended, with the deletion of Section 1 . 05 . 048 from Section 1 . 05 . 040 Special Use Permits, as described by ATTACHMENT B . DATED this 11 / 5 / 02 day of November, 2002 . BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON ATTEST : n Wesley E . Ahnson, ° HAIRPERSON 67 eoz e .� Clerk of the Board APPROVED AS TO FORM : Herb Baze, COMMISSIONER /u Prosecuting Attorney Robert Holter, COMMISSIONER ATTACHMENT A ORDINANCE AMENDING THE MASON COUNTY DEVELOPMENT REGULATIONS (Ord. No. 82-96) REGARDINGS C USE ITS MASON COUNTY BOARD OF COMMISSIONERS NOVEMBER 5, 2002 FINDINGS OF FACT 1 . Under consideration is the proposed ordinance to amend the Mason County Development Regulations (Ord . No . 82-96) to delete Section 1 . 05 . 048 Minor Amendment from Section 1 . 05 . 040 Special Use Permit . 2 . The Mason County Development Regulations (Ord. No . 82- 96) contains Chapter 1 . 05 . 040 that address the review of proposed development that possess unique characteristics due to size, nature , intensity of use, demands upon public services , relationship to surrounding lands , technological processes involved, or other factors . These Special Use Permits have been subject to the public hearing review process before the Board of County Commissioners and each has been evaluated subject to permit conditions . 3 . In October 2001 , Mason County Board of Commissioners passed Ordinance No . 112- 01 , which provided for minor changes to an approved Special Use Permit which did not constitute a significant change in the scope of the original permit or did not create a use inconsistent with the Special Use Permits decision criteria. 4 . In April 2002 , the Western Washington Growth Management Hearings Board, in response to a petition for review, issued a Finding and Order that Mason County make revisions to the ordinance text that define decision criteria and impact analysis of proposed minor amendments to special use permits . 5 . Mason County finds that the process of a minor amendment to an approved special use permit, with decision criteria and impact analysis , is equivalent to the evaluation of the application for a new special use permit. 6 . At a public hearing on October 21 , 2002 , the Mason County Planning Advisory Commission discussed the importance in setting up a standard procedure for the review of such permits and formulated their recommendations of approval of the proposed revisions . 7 . At this County Commissioners public meeting, the Department of Community Development proposed the deletion of ordinance text (Section 1 . 05 . 048) from the procedure for reviewing Special Use Permit (Section 1 . 05 . 040) . The Commissioners discussed the public review process for Special Use Permits and any effects to deleting the proposed ordinance text . From the preceding findings, the Mason County Board of Commissioners hereby adopts the amendments to the Mason County Development Regulations (Ord . No .. 82 -96 ) , as amended, with the deletion of Section 1 . 05 . 048 from Section 1 . 05 . 040 Special Use Permits . Chair, Mason County Board of Commissioners Date ATTACHMENT 1005* 040 Special Uses 10056041 Purpose A Special Use is one which possesses unique characteristics due to size, nature , intensity of use, technological processes involved, demands upon public services , relationship to surrounding lands, or other factors . The purpose of this Section is to provide for adequate oversight and review of such development proposals , in order to assure that such uses are developed in harmony with surrounding land uses , and in a manner consistent with the intent of this Ordinance and the Comprehensive Plan. 1 . 05 . 042 Authority The Board shall have authority to hear and decide all applications for Special Use permit . The Board may approve, approve with conditions, or deny any application for Special Use permit, based upon the Decision Criteria set forth in Section 1 . 05 . 044 . The Board shall have the authority to attach such conditions as may be appropriate to accommodate the Decision Criteria set forth in Section 1 o05 . 044 . 1 . 05 . 044 Decision Criteria The Board shall review Special Use permit applications in accordance with the following criteria. The Board shall not approve any application for a Special Use permit unless it makes an affirmative finding with regard to each of these criteria. A. That the proposed use will not be detrimental to the public health, safety and welfare ; B . That the proposed use is consistent and compatible with the intent of the Comprehensive Plan; Co That the proposed use will not introduce hazardous conditions at the site that cannot be mitigated through appropriate measures to protect adjacent properties and the community at large; D . That the proposed use is served by adequate public facilities which are in place, or planned as a condition of approval or as an identified item in the County' s Capital Facilities Plan ; E . That the proposed use will not have a significant impact upon existing uses on adjacent lands ; and F . If located outside an Urban Growth Area, that the proposed use will not result in the need to extend urban services . SON COUNTY DEVELOPMENT REGULATIONS proposed OCT., 2002 Page 1 l o05 . 046 Procedural Requirements for a Special Use Permit A. Application for a Special Use Permit shall be made to the Department of Community Development, on forms furnished by the County. Be Any application for a Special Use Permit shall include an application fee as established by the Board . C . Special Use Permit applications shall require a Public Hearing , as set forth in Section 1 . 05 . 050 of this Ordinance . 1005t048 Minor- nmendmen Permit, amendment,As The Administrator- detennines the seope of the minef site,and any pfier mino additional mateFial or- envir-onmental impaet on the pr-operties adjae Be The Administfate. . the mineF amendment does not ereate a use Maser+ � neiri tt � Do iivnoGe The nr� vnvne Administrator ' s minor- amendment, and the notiee of date of pr-opesed aetion by the Board efiGounty Commissioners are mailed to adjaeent property e3A%er-s at least ten days, but not more than th rt. . days , prior- to nntio b tt-, e Bear-a D On the date of seheduled aefien, after- taking publie eenffnepA, the Board eenews wi the written determination andapproves the !meat . MASON AS N COUNTY DEVELOPMENT REGULATIONS proposed OCT., 2002