HomeMy WebLinkAbout79-98 - Res. Amending Res. 136-96 County Development Code RESOLUTION NUM[BER 79-98
AN RESOLUTION TO AMEND THE MASON COUNTY DEVELOPMENT CODE
WHEREAS, Resolution No. 136-96 was adopted by the Mason County Board of County
Commissioners pursuant to Chapter RCW 36.70A and 36.70B, in order to create a new
administrative procedures section of the Mason County Code and to establish standard
procedures of the Mason County departments in the review of development applications in the
county; and
WHEREAS, the code went into affect in January of 1997, so that the county departments have
applied the regulation for over a year and have identified areas needing improvement; and
WHEREAS, the legislature amended 36.70B in 1997, resulting in the need for the local
regulations to be adjusted: and
WHEREAS, the proposal was sent with a recommendation for adoption by the Mason County
Planning Commission after a public hearing on January 20, 1998; and
I
WHEREAS, the proposal was determined not to have significant adverse environmental
impacts; and
WHEREAS, the Board has held a public hearing on July 14, 1998, and made findings of fact,
ATTACHMENT A, based on the record before it;
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners of
Mason County hereby approves and adopts the amended development regulations described by
ATTACHMENT B, to become effective August 1, 1998.
DATED this 14th day of July 1998.
BOARD OF COUNTY COMMISSIONERS
Mason County, Washington ATTEST:
J6"'A. Bolender, Chair Clerk of the Board
lye'
Mary J ad Commission I APPROVED AS TO FORM:
M
Cynthia�V. Olsen, Commissioner Prosecuting Attorney
ATTACHMENT A ® RESOLUTION 79-98
Mason County Board of Commissioners
Public Hearing ® July 14, 1998
FINDINGS OF FACT
1. Under consideration is a proposal to amend Title 15 of the Mason County Code, The
Mason County Development Code, for internal consistency and clarity and to ensure consistency
with the state initiative to reform the regulatory process which was codified in Chapter 36.70B,
RCW, and amended by the Legislature in 1997.
2. The proposal is based on the experience gained by applying the regulations since its
adoption, a review of the recently revised statute, and comments from other county offices.
3. A SEPA Determination of Nonsignificance (DNS) was issued on the proposal on
November 17, 1997 and the comment period ended December 2, 1997. Although minor changes
were made to the draft circulated, the Department of Community Development has determined
that none had significant adverse impact, so that the initial determination stands.
4. The Planning Commission held a public hearing on January 20, 1998, and considered the
testimony given along with the record before it. The Planning Commission recommended adoption
of the proposed changes.
5. The Board of Commissioners held a public hearing on July 14, 1998, and considered the
testimony given along with the record before it.
6. The proposal is consistent with and balances the goals of the Growth Management Act. The
proposal is consistent with and implements the Mason County Comprehensive Plan.
From the preceding findings, it is concluded that the proposed amendments should adopted.
Chair, Mason County Board of Commissioners
-7—14 AS
Date
® RESOLUTTION '7 - 8
TITLE 15
N COUNTY DEVELOPMENTCODE
15.01 INTRODUCTION
15.03 ADMINISTRATION
15.05 CONSOLIDATED APPLICATION PROCESS
15.07 PUBLIC NOTICE REQUIREMENTS
15.09 REVIEW AND APPROVAL PROCESS
15.11 APPEALS
15.13 ENFORCEMENT
15.15 CONSOLIDATED APPLICATION REVIEW CHARTS
Mason Count} Development Code(REVISED JULY 14,i999) 1
CHAPTER 15.01
WMODUCTION
Sections:
15.01.010 INTENT
15.01.020 DEFINITIONS
15,Q 1.0 10 INTENT
The purpose of this Title is to combine and consolidate the application, review, and approval
processes for land development in Mason County in a manner that is clear, concise, and
understandable. It is further intended to comply with State Law ESBB 1724 (July 1995) and
RCW 36.70B, which provides the guidelines for integrating development review and
environmental review of proposed development, in coordination with approved land use plans.
Established in this Title is the standard use of the Letter of Completeness, Notice of
Application, and Notice of Decision. Final decision on development proposals shall be made
within 120 days of the date of the Utter of Completeness, except as provided in Section
15.09.100.
15.01,020 DEFINITIONS
The following definitions shall apply to this Title:
Accessory Structure: As defined in the relevant code or ordinance.
Adjacent.Property Owners: The persons who are owners of lots, as shown on the County
Assessor records, within 300 feet, not including street rights-of-way, of the boundaries of the
property which is the subject of the meeting or pending action.
Code: The Mason County Code or portion of that code.
Comprehensive Plan: The Mason County Comprehensive Plan, as amended.
Comprehensive Plan Amendment: An amendment or change to the text or maps of the
Comprehensive Plan.
Completed Application: Per RCW 36.70B.070.
Date of Decision: The date on which final action occurs and from which the appeal period is
calculated.
Density: As defined in the relevant code or ordinance.
Mason County Development Code(RsvisED juLy 14,1998) 2
Development: Any land use permit or action regulated by Titles 6, 7, 8, 14, 16, and 17
MCC, including but not limited to construction permits, conditional use permits, variances, or
subdivisions.
Development Code: The Mason County Development Code. Title 15 of the Mason County
Code.
Effective Date: The date a final decision becomes effective.
Final Decision: The final action by the review authority or Board of County Commissioners.
MCC: The Mason County Code.
Lot: As defined in the relevant code or ordinance.
Open Record Public Hearing: An open record hearing held by an authorized hearing body, at
which evidence is presented, testimony is recorded, and decision is made, to form the local
government record on the review and decision-making of the planned action.
Ordinance: Any or all of the adopted Mason County ordinances or resolutions.
Party of Record: Any person who has testified at a public hearing or has submitted a written
statement related to a development action and who provides the County with a complete
address.
Person: Any person, firm, business, corporation, partnership of other associations or
organization, marital community, municipal corporation, or governmental agency.
Project: A proposal for development.
Project Permit: Per RCW 36.70B.020 (4)
Review Authority: The Director of Community Development, the Director of Health
Services, the Fire Marshal, or the Building Official, depending on the responsibility as
determined by the respective codes, ordinances, and regulations.
Setback: As defined in the relevant code or ordinance.
Variance: As defined or used in the relevant code or ordinance.
Yard: As defiried in the relevant code or ordinance.
Mason County Development Code(REVISED JULY 14,1998 3
CBL4PTER 5®
ADA111\1ISTRATION
Sections:
15.03.005 PURPOSE AND APPLICABILITY
15.03.010 ROLES AND RESPONSIBILITIES
15.03.015 APPLICATION TYPES AND CLASSIFICATION
15.03.020 ADMINISTRATIVE DIRECTION
15.03.030 BOARD OF COUNTY COMMISSIONERS
15.03.040 PLANNING COMMISSION
15.03.050 SHORELINE ADVISORY BOARD
15.03.060 BUILDING CODE BOARD OF APPEALS
15.03.005 PURPOSE AND API!UCABH=
This Chapter describes how the County will process applications for development
subject to review under the following Chapters of the Mason County Code and other
ordinances and regulations of the county as listed below:
1. Title 6 (Sanitary Code), including the following Mason County Board of Health
regulations, which may not be codified in Title 6: On-Site Sewage Regulation, Group B
Water System Regulation, Solid Waste Regulation, and Water Adequacy Regulation
2. Title 7 (Shoreline Master Program)
3. Title 8'(Environmental Policy)
4. Title 14 (Construction)
5. Title 16 (Subdivision)
6. Title 8 (Interim Resource Ordinance)
7. Development Regulations (Ordinance-82-96, as amended)
15.03,010 ROLES AND RESPONSIBILITIES
A. The regulation of land development is a cooperative activity including many different
elected and appointed boards and County staff. The specific responsibilities of these
bodies is set forth below.
B. A developer is expected to read and understand the County Development Code and be
prepared to fulfill the obligations placed on the developer by the Mason County Code
and other ordinances and regulations of the county.
15.03,015 APPLICATION TYPES AND CLASSIFICATION
A. Applications for review pursuant to Title 15 shall be subject to a Type I, Type II, Type
III, or Type IV process.
B. Unless otherwise required, where the County must approve more than one application
for a given development, all applications required for the development may be
submitted for review at one time. Where more than one application is submitted for a
given development, and those applications are subject to different types of procedure,
Mason County Development Code(RwisED juLy 14, 1999) 4
then all of the applications are subject to the highest-number procedure that applies to
any of the applications.
C. The review authority for the application in question shall classify the application as one
of the four types of procedures.
1. Ile act of classifying an application shall be an administrative interpretation, if
written and transmitted to the applicant.
2. Questions about what procedure is appropriate shall be resolved in favor of the
type providing greatest notice and opportunity to participate.
3. The review authority shall consider the following guidelines when classifying
the procedure type for an application:
a. A Type I (ministerial) process involves an application that is subject to
clear, objective and nondiscretionary standards or standards that require
an exercise of professional judgement about technical issues.
b. A'Type H (administrative) process involves an application that is subject
to objective and subjective standards that require the exercise of limited
discretion about nontechnical issues and about which there may be a
ted public interest.
C. A Type III (quasi-judicial) process involves an application for relatively
few parcels and ownerships. It is subject to standards that require the
exercise of substantial discretion and about which there may be a broad
public interest.
d. A Type IV (legislative) process involves the creation, implementation, or
amendment of policy or law by ordinance. The subject of a Type IV
process involves a relatively large geographic area containing many
property owners, and a Type IV application should follow the format
detailed in Chap. 15.09.060.
D. Type I and Type II permit reviews, which are categorically exempt from environmental
review under chapter 43.21C RCW, or for which environmental review has been
completed in connection with other permits, shall be excluded from the notice of
application and notice of decision provisions in this Title, except when specifically
required for a particular category of project. Also a letter of completeness shall be at
the option of the Review Authority, provided that, if no letter of completeness is
prepared, the application is considered complete after 28 days from receiving a date
stamped application and within the meaning of chapter 36.70B RCW.
15.03,020 ADMINISTRATIVE DIRECTION
Each Director or authorized official shall review and act on the following:
A. Review Authority: The Directors of Community Development, the Director of Health
Services, the Fire Marshal, and the Building Official, are responsible for the
administration of the respective titles of the Mason County Code and ordinances.
B. Administrative InteMretation: Upon request or as determined necessary, the review
authority shall interpret the meaning or application of the provisions of said titles and
issue a written administrative interpretation within 30 days. Requests for interpretation
shall be written and shall concisely identify the issue and desired interpretation.
Mason County Development Code(REVISED JULY 14,1998 5
C. Administrative Decisions: Administrative approval, approval with conditions, or denial
of permit applications as set forth in Sections 15.09.020, 15.09.030, and 15.09.040.
15,03,030 BOARD OF COI= COMMISSIQNFM
In addition to its legislative responsibility, the Board of County Commissioners shall review
and act on the following subjects:.
A. Recommendations of the Planning Commission and Shoreline Advisory Board.
B. - Applications for Substantial Development Permits, variances or conditional uses under
the Mason County Shoreline Master Program.
C. Appeal of administrative interpretations by the Department of Community
Development.
D. Appeal of administrative decisions by the Department of Community Development as
set forth in Section 15.09.020, 15.09.030, and 15.09.040.
E. Appeal of a Determination of Significance under-Title 8 (Environmental Policy).
F. Recommendation to revoke or modify a permit or approval per Section 15.13.070.
G. Granting of variances or other pen-nit decisions, when provided by the development
code or ordinance.
15.03.040 PLANNING COMMISSION
The Planning Commission shall review and make recommendations on the following
applications and subjects:
A. Amendments to the Comprehensive Plan and development regulations per RCW
36.70A.030.
B. Amendments to the Subdivision Code, Title 16.
C. Amendments to the Environmental Policy (Title 8) and Interim Resource Ordinance
(Title 17).
D. Applications for Preliminary Plats.
E. Some Type III permit reviews as specified in Section 15.09.050 (2.0).
F. Other actions requested or remanded by the County Commissioners.
The review criteria for certain of the actions are contained in Section 15.09.050, MCC.
15.03,050 SHORELINE ADVISORY BOARD
The Shoreline Advisory Board shall review and act on the following subjects:
A. Amendments to the Mason County Shoreline Master Program.
B. Applications for Conditional Use and Variance per the Shoreline Master Program.
C. Other actions requested or remanded by the County Commissioners.
The review criteria and procedures for the Shoreline Advisory. Board are contained in Title 7,
MCC, and Section 15.09.050 (1.0).
15,03,060 BI=ING CODE BOARD OF APPEALS
The Board of Appeals shall review and act on the following subjects:
Mason County Development Code(REvisa wLY 14,1998) 6
A. Appeals of decisions of the Building Official on the interpretation or application of the
Building or Fire Code.
B. Disapproval of a permit for failure to meet the Uniform Building or Fire Codes.
e review criteria for the Building Code Board of Appeals are contained in Title 14, MCC.
Mason County Development Code(REVISED aura 14,1998) 7
CHAPTER 15.05
CONSOLEDATED APPLICATION PROCESS
Sections:
15.05.010 APPLICATION
15.05.020 PREAPPLICAnON ACTMTIES
15.05.030 CONTENTS OF APPLICATIONS
15.05.040 LETTER OF COMPLETENESS
15,05,Q 10 APPLICATION
A. The County shall consolidate development application and review in order to integrate
the development permit and environmental review process, while avoiding duplication
of the review processes.
B. All applications for development permits, conditional uses, variances, and other County
approvals under the Development Code shall be submitted on forms provided by the
review authority. All applications shall be acknowledged by the property owner or
their agent.
15,05.020 PREAPPLICATION ACTIVITIES
A. Informal Applicants for development are encouraged to participate in an informal
discussion prior to the formal preapplication meeting. The purpose of the meeting is to
discuss, in general terms, the proposed development, County development standards,
and required permits and approval process.
B. Formal Every person proposing a development in the County, with exception of Type
I permits and decisions and some Type I[permits and decisions, shall attend a
preapplication meeting.- The purpose of the meeting is to discuss the nature of the
proposed development, application and permit requirements, fees, review process and
schedule, applicable plans, policies and regulations. In order to expedite development
review, the County shall invite all affected departments, agencies and/or special
districts to the preapplication meeting, with at the discretion of the review authority.
15.05,030 CONTENT OF APPLICATIONS
A. All applications for approval under Titles 6, 7, 8, 14, 16, and other applicable
ordinances shall include the information specified therein. The review authority may
require such additional information as reasonably necessary to fully evaluate the
proposal.
B. The applicant shall apply for all permits identified in the preapplication meeting.
Mason County Development Code(REVISED JULY 14,1999)
15,05,040 LBITER OF CMELEMNOS OF APTLICA ®ITT
A. Within twenty-eight (28) days of receiving a dates application, the County shafl
review the application and as set forth below, provide applicants with a written
determination that the application is complete or incomplete.
B. A project application shall be declared complete only when it contains all of the
following materials:
1. A fully completed, signed, and acknowledged development application and all
applicable review fees.
2.. A fully completed, signed, and acknowledged environmental checklist for
projects subject to review under the State Environmental Policy Act (Title 8).
3. The information specified for the desired project in the appropriate chapters of
the Mason County Code and as identified in Section 15.05.030.
4. Any supplemental information or special studies identified by the review
authority.
C. For applications determined to be incomplete, the County shall identify', in writing, the
specific requirements or information necessary to constitute a complete application.
Upon submittal of the additional information, the County shall, within fourteen (14)
days, issue a letter of completeness or identify what additional information is required.
Mason County Development Code(REvisED juLy 14,1999) 9
CHAPTER 15.07
PUBLIC NOTICE REQUHMIANTS
Sections:
15.07.010 NOTICE OF DEVELOPMENT APPLICATION
15.07.020 NOTICE OF ADMINISTRATIVE DECISIONS
15.07.030 NOTICE OF PUBLIC MEETINGS AND BEARINGS
15.07.040 NOTICE OF APPEAL HEARING
15.07.050 NOTICE OF DECISION
15,07,010 NOTICE OF DEVELOPMENT APPLICATION
A. Within fourteen (14) days of issuing a letter of completeness under Chapter 15.05, the
County shall issue a Notice of Development Application for Type III permits and Type
H permits, which are not excluded as provided in section 15.03.015 of this Title. The
notice shall include, but not be limited to, the following®
1. The name of the applicant.
2. Date of application.
3. The date of the letter of completeness.
4. The location of the project.
5. A project description.
6. The requested approvals, actions, and/or required studies.
7. A public comment period not less than fourteen (14) nor more than thirty (30)
days.
8. Identification of existing environmental documents.
9. A County staff contact and phone number.
10. The date, time, and place of a public meeting, or public hearing if one has been
scheduled.
11. A statement that the decision on the application will be made within 120 days of
the date of the letter of completeness.
B. The Notice of Development Application shall be posted on the subject property and
sent to adjacent property owners.
C. The Notice of Development Application may be combined with any required notice of
a public meeting or open record public hearing.
D. The Notice of Development Application may be combined with the threshold
determination and scoping notice for a determination of significance.
15,07,020 NOTICE OF ADMIMSTRATIVE, DECISIONS
When notice of administrative approvals or denials is required, such notice shall be made as
provided in Section 15.07.050.
15.07.030 NOTICE QE PUBLIC MEETINGS AND PUBLIC IMARINGS
Notice of a public. meeting or public hearing for all development applications and appeals shall
be given as follows:
Mason County Development Code(REvIsED IuLy 14,1999) 10
A. lime of Notices: Except as otherwise required, public notification of meetings-, and
hearings, and on pending actions shall be made by:
I Publication at least ten (10) days before the date of a public meeting, hearing,
or pending action in the official newspaper if one has been designated or a
newspaper of general circulation in the County; and
2. Mailing at least ten (10) days before the date of a public meeting-, or public
hearing to all adjacent property owners of the boundaries of the property which
is the subject of the meeting or pending action. Addressed, pre-stamped
envelopes shall be provided by the applicant; and
3. Posting at least ten (10) days before the meeting, hearing, or pending action in
one public place (for example, a post office) and at least two notices on the
subject property.
4. Provided that, if the notice is for the purpose of an open record pre-decision
hearing, the notice of application shall be provided at'least fifteen (15) days
prior to the open record hearing.
5. Provided that, if a SEPA threshold determination has been made, that
determination shall be issued at least 15 days prior to the hearing date.
B. Content of Notice: The public notice shall include a general description of the
proposed project, action to be taken, a non-legal description of the property or a
vicinity map or sketch, the time, date and place of the public hearing and the place
where further information may be obtained.
C. Continuations: If for any reason, a meeting or hearing on a pending action cannot be
completed on the date set in the public notice, the meeting or hearing may be continued
to a date certain and no further notice under this section is required.
15,07,040 NOTICE OF APPEAL HEARINGS
In addition to the posting and publication requirements of Section 15.07.030,-for notice of
appeals of administrative decisions, notice shall be mailed to parties of record from the permit
review.
15,07,050 NOTICE OF FINAL DECISION
A. When a notice is required for a final decision, such notice shall be sent to the applicant,
all parties of record, all parties who requested to be notified, and the County Assessor's
Office.
B. This notice shall include the statement of threshold determination (RCW 43.21C),
information on requesting assessed valuation changes by affected property owners, and
the procedures of administrative appeal, if any.
C. This notice may be combined with the transmittal requirements of other codes, state
statutes, or ordinances, as appropriate.
D. Notice of administrative decisions shall be the responsibility of the issuing county
department. Notice of County Commission final decision on a project permit or an
appeal shall be the responsibility of the County Commissioners Office.
Mason County Development Code(REVISED JULY 14,1998) 11
CB[APTER 15.09
REVIEW AND APPROVAL PROCESS
Sections:
15.09.010 CONSOLEDATED PERMIT REVIEW
15.09.020 ENVIRONMENTAL REVIEW
15.09.030 TYPE I AND TYPE H REVIEW - OUT NOTICE
15.09.040 TYPE H REVIEW - WITH NOTICE
15.09.050 TYPE III REVIEW
15.09.060 TYPE IV REVIEW
15.09.070 COUNTY COMMISSIONERS ACTION
15.09.080 PROCEDURES FOR PUBLIC HEARINGS
15.09.090 REMAND
15.09.100 FINAL DECISION
15.09.110 JOINT MEETINGS AND BEARINGS
15.09,010 CONSOLIDATED PERMIT RE
When a proposed action involves two or more project permits (for example, a Shoreline
Conditional Use Permit, Mason Environmental Permit, and commercial project review), the
applicant may choose to have all or a portion of the proposal reviewed under the consolidated
permit review process. When the consolidated permit review is selected, county staff shall
include all project permits under review when issuing the determination of application
completeness, notice of application, notice of one open record public hearing (when needed),
and notice of final decision. Classification of such review is as provided in 15.03.015 B,
MCC.
15.09.020 ENVIRONMENTAL REVIEW
A. Developments and planned actions subject to the provisions of the State Environmental
Policy Act (SEPA) shall be reviewed in accordance with the policies and procedures contained
in Chapter 8, MCC.
B. SEPA review shall be conducted concurrently with development project review. The
following are exempt from concurrent-review:
1. Projects categorically exempt from SEPA or for which SEPA has already been
completed
2. Components of previously completed planned actions, to the extent permitted by
law and consistent with the EIS for the planned action.
15,09,030 TYPE I AND TYPE H REVIEW - WITHOUT N021C
A. After the determination of a complete application, the review authority may approve,
approve with conditions, or deny the following without notice, unless notice is
otherwise required (for example, short subdivision applications):
1. Type I decisions.
2. Extension of time for approval.
Mason County Development Code(REvism au►.y 14,1998 12
3. or amendments or modifications to approved developments or its.
Minor amendments are those which may affect the precise dimensions or
location of buildings, accessory structures and driveways, but do not affect: (i)
overall project character, (ii) increase the number of lots, dwelling units, or
density or (iii) decrease the quality or amount of open space.
. 4. Adjustment to yard setbacks.
5. Type 11 decisions, which are excluded as provided in section 15.03.010 of this
title
B. The review authority's decisions under this section shall be final on the date issued.
15,09,040 ME 11 REVIEW - WITH NOTICE
A. After a determination of completeness for an application, after providing a notice of
application, and after the end of the specified comment period, the review authority
may grant approval or approval with conditions, or may deny Type H decisions (such
as Short Subdivisions), subject to the notice of decision and appeal requirements of this
title.
B. Final Administrative A2provals: Approvals under this section shall become effective
subject to the following:
1. If no appeal is submitted, the approval becomes effective at the expiration of the
14 day appeal period.
2. If a written notice of appeal is received within the specified time, the matter will
be refer-red to the County Commissioners as an appeal for an open record public
hearing, and shall not become effective until approved on appeal or until the
appeal contesting an approval is dismissed.
C. Administrative Denials: Denials under this section shall become effective immediately.
D. Notice of the administrative final decision shall be provided in this title, section
15.07.020.
Mason County Development Code(REVISED JULY 14,1999) 13
09,050 ME M REYEEW
After a determination of completeness for an application, Type III permit applications shall be
reviewed as follows:
1.0 MasQu County Shoreline Master Program.
A. The review process for shoreline conditional use, variance and substantial development
permits shall comply with the notice requirements of 15.07.010, 15.07.030 A 5, and
15.07.050, and the decision requirements of 15.09.100.
B. Additional public notice requirements and review procedures are specified in the
Shoreline Master Program.
C. Conditional use and variance permits shall be reviewed according to the guidelines in
15.09.050 (2.0), except that:
1. The Shoreline Advisory Board shall replace the Planning Commission as the
review' body,
2. The policies, regulations and criteria of the Mason County Shoreline Master
Program shall be emphasized in the review, and
3. Public notice requirements shall be stated in (I.O)A and B.
D. Substantial development permits shall be reviewed by the County Commissioner as
provided in sections 15.09.070 through 15.09.100, other sections of this Title, and the
Shoreline Master Program.
2.0 Other TvDe III decisions.
A. Staff Report. The review authority shall prepare a staff report on the proposed
developmen.t or action summarizing the comments and recommendations of County
departments, affected agencies and special districts, and evaluating the development's
consistency with the County's Development Code, adopted plans and regulations. The
staff report shall include findings, conclusions and proposed recommendations for
disposition of the development application.
B. Public Meeting. The Planning Commission shall conduct a public meeting on
development proposals for the purpose of taking testimony, hearing evidence,
considering the facts germane to the proposal, and evaluating the proposal for
consistency with the County's Development Code, adopted plans and regulations. The
meeting shall identify issues upon which the County Commissioners shall hear at their
decision-making public hearing. Notice of the Planning Commission meeting shall be
in accordance with Section 15.07.030.
C. &�uired Review: The Planning Commission shall review a proposed development
according to the following criteria:
1. The development is consistent with the Comprehensive Plan and.meets the
requirements and intent of the Mason County Code, especially Title 6, 8, and
16.
2. The development makes adequate provisions for open space, drainage ways,
streets, other public ways, transit stops, water supply, sanitary wastes, parks
and recreation facilities, playgrounds, sites for schools and school grounds.
3. The development adequately mitigates impacts identified as environmentally
sensitive areas under Title 8, MCC.
4. The development is beneficial to the public health, safety and welfare and is in
the public interest.
Mason County Development Code(REvisED juLY 14,1998) 14
5. The development does not lower the level of service of transportation and/or
neighborhood park facilities below the minimum standards established within
the Comprehensive Plan. If the development results in a level of service lower
than those set forth in the Comprehensive Plan, the development may be
approved if improvements or strategies to raise the level of service above the
minimum standard are made concurrent with the development. For the purpose
of this section, "concurrent with the development" is defiried as the required
improvements or strategies in place at the time of occupanc Y�, or a financial
I
commitment is in place to complete the improvements or strategies within six
(6) years of approval of the development.
6. The area, location and features of land proposed for dedication are a direct
result of the development proposal, are reasonably needed to mitigate the effects
of the development, and are proportional to the impacts created by the
development.
D. Findings. Upon reviewing a development proposal or action, the Planning Commission
shall prepare and adopt a motion setting forth its findings of issues to be addressed in
the public hearing and promptly forward it to the County Commissioners for
consideration, as required by the time lines stated in the relevant Title of the Mason
County Code.
E. Review by the County Commissioners, Upon receiving the Planning Commission
recommendation, the County Commissioners shall continue the review as provided in
sections 15.09.070 through 15.09.100, and other sections of this Title.
15,09,060 TYPE IV DECISION REVIEW
A.. The process for amending the Mason County Comprehensive Plan and implementing
development regulations (hereinafter "annual amendment process") shall follow the
steps below. .Generally, the county will consider both the plan and regulation
amendments together, and it will consider them only one time each year.
1. Publish notice of the deadline for proposed plan or development regulation
amendment which will be placed on the docket for consideration. Amendments.
must be considered at least annually. Comprehensive plan amendments can not
be adopted more than once a year.
2. The Department of Community Development (DCD) prepares a Comprehensive
Plan Amendment Report for presentation to the Planning Commission. The
report will include all proposals received, the initial analysis and cumulative
impact review, and the initial SEPA determination.
3. The County transmits the proposals to the State Department of Community,
Trade, and Economic Development and other state agencies.
4. After presentation of the report to the Planning Commission, the Commission
schedules a public hearing and may schedule workshops. (In the case of
amendments of special interest to one part of the. county, a workshop or hearing
should be scheduled in that area.) The public hearing should be not less than 60
days after the official transmittal is provided to the state.
Mason County Development Code prism juLy 14, 1998) 15
5. The DCD, acting for the Commission, releases public notice of workshops and
hearings.
6. Planning Commission holds public hearing and optional workshops, and
formulate and transmit its findings and recommendations to the Board of
Commissioners.
7. The Board schedules and releases notice of public hearings and workshops as
desired.
8. Workshops and public hearings held by the Board of Commissioners.
9. The Board meets to consider and take appropriate action on the amendments.
10. Any resulting amendments are transmitted to the state Department of
Community, Trade, and Economic Development and other state agencies, and
public notice of adoption is published.
B. Exceptions to the annual amendment process. In some cases amendments can be made
to the Comprehensive Plan outside of the annual amendment process described herein:
1. When an emergency exists, the annual amendment process will not be followed.
The process for the planning review is established in RCW 36.70A.390. The
review process for SEPA (WAC 197-11-880) has already been adopted by the
county in Ordinance 99-84, section 9.1.
2. When the amendments are intended to resolve an appeal to the Growth
Management Hearings Board, then the amendment is not limited to one time a
year and will need to be abbreviated because the time allowed in Hearings
Board cases is very limited. The process will be adjusted as necessary within
the constraints of the Growth Management Act and SEPA.
3. The initial adoption of a subarea plan is not required to be part of the annual
amendment process and is not limited to once per year. The process will be the
same as required for the annual plan amendment, except that the first step will
be as follows:
1. Establish a sub-area committee or a series of subarea workshops. Public
notice will be published of the workshops or meetings of the committee
in order to encourage public participation and comment.
4. The adoption of a shoreline master program amendment shall not follow the
annual amendment process, but shall be done under the procedures of Chapter
90.58 RCW.
5. The amendment of the capital facilities element of a comprehensive plan that
occurs concurrently with the adoption or amendment of a county budget.
6. Amendments can be made more than once a year if they are restricted to
changes in the development regulations consistent with the existing
comprehensive plan. The process for amendment is the same as specified for
the annual amendment process.
.15.09.070 COUNTY COMMISSIONERS ACTIONS
A. Actions. Upon receiving a recommendation from the Planning Commission, Shoreline
Advisory Board, or notice of any other matter requiring the County Commissioners'
attention, the County Commissioners shall hold an open record public hearing and
make a decision on the following matters:
Mason County Development Code(REVISED JULY 14,1999) 16
L Make a decision on a Shoreline Advisory Board or Planning Commission
recommendation.
ii. Appeal of administrative interpretations.
iii. Appeal of administrative decisions of type I and II permits.
iv. Appeal of determinations of significance.
V. Other matters not prohibited by law.
B. Decisions. The County Commissioners shall make its decision by motion, resolution,
or ordinance, as appropriate, following an open record public hearing and shall include
one of the following actions:
L Approve as recommended.
ii. Approve with additional conditions.
iii. Modify, with or without the applicant's concurrence, provided that the
modifications do not:
a. Enlarge the area or scope of the project.
b. Increase the density or proposed building size.
C. Significantly increase adverse environmental impacts as
determined by the responsible official.
iv. Deny (reapplication or resubmittal is permitted).
V. Deny with prejudice (reapplication or resubmittal is not allowed for one
year).
vi. Remand for further proceedings and/or evidentiary hearing in accordance
with Section 15.09.090.
2. A County Commissioners' decision following a open record appeal hearing shall
include one of the following actions:
L Grant the appeal, in whole or in part.
ii. Grant the appeal with conditions, in whole or in part.
iii. Deny the appeal, in whole or in part.
iv. Remand for further proceedings and/or evidentiary hearing in accordance
with Section 15.09.090.
15,09,080 PROCEDURES FOR OPEN RECORD PUBLIC HEARINGS
Public hearings shall be conducted in accordance with the hearing body's rules of procedure
and shall serve to create or supplement an evidentiary record upon which the body will base its
decision. The Chair shall open the public hearing and, in general, observe the following
sequence of events:
A. Staff presentation, including submittal of any administrative reports. Members of the
hearing body may ask questions of the staff.
B. Applicant presentation, including submittal of any materials. Members of the hearing
body may ask questions of the applicant.
C. Testimony or comments by the public germane to the matter. Questions directed to the
staff or the applicant shall be posed by the Chair at its discretion.
D. Rebuttal, response or clarifying statements by the staff and the applicant.
E. The evidentiary portion of the public hearing shall be closed and the hearing body shall
deliberate on the matter before it.
Mason County Development Code(PEvism juLy 14,1999 17
F. The hearing body shall present a written statement of findings and conclusions upon
.issuing its decision.
15,09,090 R13MAND
In the event the County Commissioners determines that the public hearing record or record on
appeal is insufficient or otherwise flawed, the Commissioners may remand the matter back to
the hearing body or administrative department to correct the deficiencies. The Commissioners
shall specify the items or issues to be considered, the time frame for completing the additional
work, and the date of the continuation of the open record public hearing.
15,09,100 FINAL DECISION
A. Time. The final decision on a development proposal shall be made within 120 days
from the date of the letter of completeness. The days pending the effectiveness of an
administrative approval per section 15.09.040, MCC, are also within the 120 days.
Exceptions to the 120 day requirement include:
to If the project permit requires an amendment to the Comprehensive Plan or.a
development regulation.
2. Any time required to correct plans, perform studies or provide additional
information, provided that within 14 days of receiving the requested additional
information, the Review Authority shall determine whether the information is
adequate to resume the project review.
3. Substantial project revisions made or requested by an applicant, in which case
the 120 days will be calculated from the time that the County determines the
revised application to be complete.
4. All time required for the administrative appeal of a Determination of
Significance or an appeal of an administrative decision.
5. All time required for the preparation and review of an environmental impact
statement, as agreed upon by the County and the applicant.
6. Projects involving the siting of an essential public facility.
7. An extension of time mutually agreed upon by the County and the applicant.
8. All time required to obtain a variance.
9. Any remand to the hearing body.
B. Effective Date. The final decision of the County Commissioners or hearing body shall
be effective on the date stated in the decision, motion, resolution, or ordinance,
provided that the date from which appeal periods shall be calculated shall be the date
the County Commissioners or hearing body takes action on the motion, resolution, or
ordinance.
15,09,110 JOINT MEETINGS AND HEARINGS
At the discretion of the hearing body, any public meeting or required open record public
hearing may be combined with any public meeting or open record public hearing that may be
held on the project by another local, state, regional, federal, or other agency, provided that
such i meeting or hearing can be held consistent with the review process established in this
title, and consistent with the final decision being made within the time specified in section
15.09.100 above.
Mason County Development Code(REvisor juLy 14,1999) 18
CE[APTER 15.11
APPEALS
15.11.010 APPEAL OF ADMINISTRATIVE INTERPRETATIONS AND
DECISIONS
15.11.020 APPEAL TO THE COUNTY COMMISSIONERS
15.11.030. APPEAL TO STATE REVIEW BOARDS
15.11.040 JUDICIAL APPEAL
15,11.010 APPEAL OF AMUNISTRATIVE INTERPRETATIONS AND DECISIONS
A. Administrative interpretations and administrative decisions may be appealed, by
applicants or.parties of record, to the following hearing body, based upon the relevant
code or ordinance as follows:
Health Officer- Title 6 (Sanitary Code) and other regulations listed in part 1 of section
15.03.005
Board of County Commissioners: Titles 7 (Shoreline Master Program), 8
(Environmental Policy), 16 (Subdivision), and 8 (Interim Resource) and the
Development Regulations.
Board of Appeals: Title 14.
B. The appeal shall be considered and decided within ninety (90) days of receipt of a date
stamped application, provided that the parties to an appeal may agree to extend these
time periods, and provided that a shorter time period is not specified in the applicable
code or regulation.
15,11,020 APPEAL TO THE COUNTY COMMISSIONERS
A. Filing. Every appeal to the County Commissioners shall be filed with the Clerk of the
Board within fourteen (14) days after the date of the decision being appealed. The date
of the decision and the date from which appeal periods shall be calculated shall be the
date on which the written action was either mailed or transmitted by hand, whichever is
done and whichever is earliest, to all parties for which transmittal is required for said
action. This appeal period shall replace all other previously adopted appeal periods
specified in the applicable ordinances.
B. Contents. The application of appeal shall contain a concise statement identifying:
1. The decision being appealed.
2. The name and address of the appellant and his/her interest(s) in the matter.
3. The specific reasons why the appellant believes the decision to be wrong. The
appellant shall bear the burden of proving the decision was wrong.
4. The desired outcome or changes to the decision.
5. The appeals fee.
C. Procedure. The appeal shall be held as an open record public hearing before the
hearing body and comply with the standards of See. 15.09.080.
.15.11.030 APPEAL TO S=RE= BOA MS
Mason County Development Code(R.EvisED juLy 14,1999) 19
The appeal of the final decision of the County Commissioners or and of Health may be filed
to the appropriate state review board and is subject to the appeal processes of the review and
(notification, review, hearing, and decision). The State Environmental Hearings Office
processes appeals of shoreline permits, conditional uses, and variances; the State Department
of Health processes appeals of public health and air-water quality issues.
15,11.040 JUDICIAL APPEAIa
A. Appeals from the final decision of the County Commissioners or Board of Appeals, or
other County board or body involving those codes and ordinances to which this title
applies, and for which all other appeals specifically authorized have been timely
exhausted, shall be made to Mason County Superior Court within twenty-one (21) days
of the date the decision or action became final, unless another time period is established
by state law or local ordinance.
B. Notice of the appeal and any other pleadings required to be filed with the court shall be
served on the County Commissioners or hearing body, and Prosecuting Attorney within
the applicable time period. This requirement is jurisdictional.
C. The cost of transcribing and preparing all records ordered certified by the court or
desired by the appellant for such appeal shall be borne by the appellant.
Mason County Development Code(REVISED JULY 14,1998) 20
CHAPTER 15.13
ENFORCEAIENT
St,Qlions:
15.13.005 SEVERABILITY
15.13.010 ENFORCING OFFICIAL; AUTHORITY
15.13.020 GENERAL PENALTY
15.13.030 APPLICATION
15.13.040 CIVIL REGULATORY ORDER
15.13.050 CIVIL FINES
15.13.060 REVIEW OF APPROVED PERMITS
15.13.070 REVOCATION OR MODIFICATION OF PERMITS AND
APPROVALS
15,13,005 SEVERABILUY
This Ordinance shall be governed by the laws of the State of Washington. In the event that
any portion or section of this Ordinance be declared invalid or unconstitutional by a court of
competent jurisdiction, the remainder of the Ordinance shall not be affected and shall remain
in full force and effect.
15.13,010 ENFORCING OFFICIAL; AUTHORITY
The review authority shall be responsible for enforcing those codes and ordinances to which
this title applies, and may adopt administrative rules to meet that responsibility. The review
authority may delegate enforcement responsibility, as appropriate.
15,13,020 GENERAL PENALTY
Compliance with the requirements of those codes and ordinances to which this title applies,
shall be mandatory. The general penalties and remedies established in Title 1.04, Mason
County Code, for such violations shall apply to any violation of those titles, unless specific
penalties or remedies are provided in the applicable code or ordinance.
.15,13.030 APPLICATION
A. Actions under this chapter may be taken in any order deemed necessary or desirable by
the review authority to achieve the purpose of this chapter or of the Development
Code.
B. Proof of a violation of a development permit or approval shall constitute prima facie
evidence that the violation is that of the applicant and/or owner of the property upon
which the violation exists. An enforcement action under this chapter shall not relieve
or prevent enforcement against any other responsible person.
15,13,040 CFVIL REGULATORY ORD
Mason County Development Code atmsm juLy 14, 1998) 21
A, AnflighlY. A civil regulatory order may be issued and served upon a.person if any
activity by or at the direction of that person is, has been, or may be taken in violation
of the Development Code.
B. Notic . A civil regulatory order shall be deemed served and shall be effective when
posted at the location of the violation and/or delivered to any suitable person at the
location and/or delivered by-mail or otherwise to the owner or other person having
responsibility for the location.
C. Conten . A civil regulatory order shall set forth:
1. The name and address of the person to whom it is directed.
2. The location and specific description of the violation.
3. A notice that the order is effective immediately upon posting at the site and/or
receipt by the person to whom it is directed.
4. An order that the violation immediately cease, or that the potential violation be
avoided.
5. An order that the person stop work until correction and/or remediation of the
violation as specified in the order.
6. A specific description of the actions required to correct, remedy, or avoid the
violation, including a time limit to complete such actions.
7. A notice that failure to comply with the regulatory order may result in further.
enforcement actions, including civil fines and criminal penalties.
D. Remedial Action. The review authority may require any action reasonably calculated to
correct or avoid the violation, including but not limited to replacement, repair,
supplementation, revegetation, or restoration.
E. Heal: A civil regulatory order may be appealed in accordance with Title 1.04, Mason
County Code.
15.13.050 CIVIL FINES
A. Authority. A person who violates any provision of the Development Code, or who fails
to obtain any necessary permit, or who fails to comply with a civil regulatory order
shall be subject to a civil fine.
B. Amount. The civil fine assessed shall not exceed one thousand dollars ($1,000.00) for
each violation. Each separate day, event, action or occurrence shall constitute a
separate violation.
C. Notice. A civil fine shall be imposed by a written notice, and shall be effective when
served or posted as set forth in 15.13.030(B). The notice shall describe the date,
nature, location, and act(s) comprising the violation, the amount of the fine, and the
authority under which the fine has been issued.
D. Collection. Civil fines shall be immediately due and payable upon issuance and receipt
of the notice. The review authority may issue a regulatory order stopping work until
such fine is paid. If remission or appeal of the fine is sought, the fine shall be due and
payable upon issuance of a final decision. If a fine remains unpaid 30 days after it
becomes due and payable, the review authority may take actions necessary to recover
the fine. Civil fines shall be paid into the County's general fund.
E. Application for Remission. Any person incurTing a civil fine may, within ten days of
receipt of the notice, apply in writing to the review authority for remission of the fine.
Mason County Development Code(REVISED juLY 14,1998) 22
The review authority shall issue a decision on the application within ten days. A fine
may be remitted only upon a demonstration of extraordinary circumstances.
F. Appeal. A civil fine may be appealed to the County Commissioners as set forth in Title
1.04, Mason County Code.
15,13,060 RE OF APPROVED PERMITS
A. Review: Any approval or permit issued under the authority of the Development Code
may be reviewed for compliance with the requirements of the Development Code, or to
determine if the action is creating a nuisance or hazard, has been abandoned, or the
approval or permit was obtained by fraud or deception.
B. Review Authority Investigation: Upon receipt of information indicating the need for,
or upon receiving a request for review of permit or approval, the review authority shall
investigate the matter and take one or more of the following actions:
1. Notify the property owner or permit holder of the investigation; and/or
2. Issue a civil regulatory order and/or civil fine and/or recommend revocation or
modification of the permit or approval; and/or
3. Refer the matter to the County Prosecutor; and/or
4. Revoke or modify the permit or approval, if so authorized in the applicable code
or ordinance; and/or
5. Refer the matter to the County Commissioners with a recommendation for
action.
15,13,070 REVOCATION OR MODIFICATION OF PERMITS AND APPROVALS
[f HANDLED BY APPROPRIATE DEPARTMENTS ]]
A. Upon receiving a review authority's recommendation for revocation or modification of
a permit or approval, the County Commissioners shall review the matter at a public
hearing, subject to the notice of public hearing requirements (Sec. 15.07.030). Upon a
finding that the activity does not comply with the conditions of approval or the
provisions of the Development Code, or creates a nuisance or hazard, the County
Commissioners may delete, modify or impose such conditions on the permit or
approval it deems sufficient to remedy the deficiencies. If the Commissioners find no
reasonable conditions which would remedy the deficiencies, the permit or approval
shall be revoked and the activity allowed by the permit or approval shall cease.
B. Building Permits, The Building Official, not the County Commissioners, has the
authority to revoke or modify building permits.
C. Re=licatioll. If a permit or approval is revoked for fraud or deception, no similar
application shall be accepted for a period of one year from the date of final action and
appeal, if any. If a permit or approval is revoked for any other reason, another
application may be submitted subject to all of the requirements of the Development
Code.
Mason County Development Code(REVISED JULY 14,1998) 23
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