HomeMy WebLinkAbout82-96 - Ord. Amending Mason County Title 16 ORDINANCE NUMBER 82-96
MASON COUNTY ORDINANCE
AN ORDINANCE establishing Development Regulations for Mason County and amending Mason
County Title 16, Plats and Subdivisions, under the authority of Chapters 36.70 and 36.70A RCW.
WHEREAS, the Board of County Commissioners held a public hearing on June 11, 1996, to
consider the recommendations of the Mason County Planning Commission, citizens, and
Department of Community Development on Development Regulations necessary to implement the
Mason County Comprehensive Plan, changes to existing county ordinances necessary to bring
them into consistency with the Comprehensive Plan.
WHEREAS, the Mason County Planning Commission formulated its recommendations after a
public hearing on May 20, continued on May 29, 1996.
WHEREAS, these hearings were duly advertised public hearings.
NOW, THEREFORE, BE IT HEREBY ORDAINED, that the Board of County Commissioners
of Mason County hereby ADOPTS the development regulations and amendments to Title 16 as
attached.
DATED this 1996.
—day of
U
Board of County Commissioners
Mason County, Washington
Mary WCgdy, Chair
A,
Maikt Fau' ghender, CoJnmissio r
William O. Hunter, Commissioner
ATTEST: APPROV_,EP AS TO FORM:
U y
Clerk 0 the Board Prose m- fKj�,tto&ey
k4' k)-�co-- S
Ordinance No. 82-96 Page 1
OrdinanceDevelopment Regulations.
for
Mason County
Washington
82-96
.
Adopted
Mason County
Board of County.Commissioners
June 17, 1996
Prepared y
Mason County Department v e
Tacoma,
i
I
1.03.028 Essential °c Facilities
1.03.030 Dimensional Requirements and PerformanceStandards
. .032 Alinimum Lot Sizes an Development Densities
1.03.033 Performance-BasedDensity o
1.03.034 Classificationof Landses Established
1.03.035 Cluster evelop aRequired
1.03.036 Bufferand Landscape Requirements
. 3.040 Off-str t Parking and Loading
.04 (Reserved)
1.05 Administrative Procedures
. 5.010 Non o uil ' s and Uses
.05.011 Applicability
1.05.012 Continuing Uses
1.05.014 Alterations.and Enlargements
1.05.016 Abandonment; Reconstruction
.05.011; Change of Use
1.05. 20 Temporary Uses
1.05.022 Temporary Construction Buildings
1.05.023 Temporary Construction Signs
1.05.030 Variances
1.05.031 Purpose
1.05.032 Use Variances Prohibited
1.05.034 Granting of Variances Authorized
1.05.035 Findings Required for Approval of a Variance
1.05.036 Procedural Requirements for a Variance
1.05.040 Special Uses
1.05.041 Purpose
1.05.042 Authority
1.05.044 Decision Criteria
1.05.046 Procedural Requirements for a Special Use
Permit
1.05.050 Hearings and Notices
.05.052 Public Notice Requirements
. 1.05.054 Rules of Conduct: Hearings
ADOPTED BY MASON COUNTY
BOARD OF COUNTY CommisSIONERs 6/17/96
PAGE 2
MASON COUNTY
DEVELOPMENT REGULATIONS
1.01 General Provisions
1.01.010 Purpose
1.01.020 Short Title
1.02 Development Areas Defined
1.02.010 General
1.02.020 Urban Growth Areas
1.02.022 Shelton UGA
1.02.024 Belfair UGA
1.02.030 Resource Areas
1.02.032 National Parks
1.02.034 National Forests
1.02.036 Long-Term Commercial Forests; Mineral
Resource Lands
1.02.038 Inholding Lands
1.02.040 Rural Areas
1.02.042 General Rural Areas
1.02.044 Rural Activity Centers
1.02.046 Rural Community Centers
1.02.047 Resource Conservation Master Plan (RCMP)
1.02.048 Working Rural Areas
1.02.060 Development Areas Map
1.02.062 Uncertainty of Boundaries
1.02.064 Changes in Boundaries
1.03 Development Requirements
1.03.010 Permitted Uses, Generally
.1.03.020. Matrix of Uses.
1.03.022 Uses Otherwise Permitted
1.03.024 Similar Uses '.
1.03.026 Residential Uses as Special Uses
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE I
1.05.056 Decision s
1.05.060 Appealis
1.05.062 Rules of Conduct.- AppeaLs
1.05.070 Administration and Enforcement
1.05.071 Validity and Severability
1.05.072 Enforcement
1. . 7 'Violations
. 5. 76 Penalties: Criminal
1.05.078 Penalties: Civil
. 5.079 Ama ets
De fin
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PA®E 3
1.01
General Provisions
1.01.010 Purpose
The purpose of this Chapter is to provide a framework for the development of land in Mason
County; and to assure that such development occurs in such a way that it protects private
property rights and existing land uses while also protecting natural resources,.promoting
economic growth and assuring the compatibility of proposed land uses with existing ones.
1.01.020 Short Title
This title shall be known as the Mason County Development Regulations.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 4
1.02
Development Areas Defined
1.02.010 General
For the purpose of regulating development activity within on County, the County is
divided into three general types of development areas. These areas contain characteristics
which have been identified in, the Mason-County Comprehensive Plan as worthy of
preservationand/or enhancement, and their designation herein is intended to promote.orderly
development in a manner which is consistent with that Plan. The three area types, and their
sub-types, are as follows:
1.02.020 Urban Growth Areas
Urban Growth Areas (UGA) d areas identified as such in the Comprehensive.Plan.
These areas have urban characteristics, but they currently lie outside of incorporated cities.
In recognition of the availability of urban services and the proximity to urban areas, these
areas are designated to accommodate the majority of the growth which is expected to occur
within the County in the foreseeable future. The widest variety of uses and the highest
densities will be allowed in Urban Growth Areas. Two UGA's exist within the County:
Shelton UGA and Belfair UGA.
1.02.022 Shelton UGA
The Shelton UGA has separate development regulations to assure compatibility with
the City of Shelton as these properties are annexed into the city. With regard to the
Shelton UGA only, these Development Regulations are intended to serve as interim
regulations until such time as mutual agreement is reached between the City of
Shelton and Mason County concerning the adoption of more permanent regulations.
1.02.024 Belfair UGA
The Belfair UGA is a "stand-alone" area not affiliated with any incorporated city.
Development regulations for this area are intended to accommodate existing land use
patterns and densities, while planning for future growth.
1.02.030 Resource Lands
The to "resource " is used to cover a variety of land use types in areas which have
value due to their soil types, ground cover, or capacity for mineral extraction. Lands with
intrinsic value due to aesthetic considerations are also included in this category. Examples
of Resource areas are as follows:.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY C OMMISSiONBRs 6/17/96
PAGE
1.02.032 National Parks
Lands set aside as National Parks are identified due to their natural or cultural value.
1.02.034 National Forests
National Forests are lands owned and managed by the federal government. These
lands serve important functions as a resource for the supply of forestry products. In
addition, these lands are recognized for their ecological value as wildlife habitat and
other uses. As with National Parks, these lands are unavailable for development.
1.02.036 Long-Term Commercial Forests; Mineral Resource Lands
These land designations are intended to recognize and protect unique resources that,
due to the nature of their operations, are sensitive to abutting land uses. This
Ordinance sets forth regulations intended to minimize the impact of intrusion of less
compatible land uses upon these land use types.
1.02.040 Rural Lands
Rural lands are divided into five general types, as follows:
1.02.042 Rural Areas
These areas are intended to allow for a limited range of land uses which will
maintain a"niial character." It is expected that the predominant development pattern
will be residential, and will allow for a range of housing types. Residential
subdivisions will be encouraged to develop in a cluster type of development, in order
to maximize the preservation of open space. New industrial uses will be "resource-
based.." Existing industrial and commercial uses will experience limited expansion
opportunities.
.1.02.044 Rural Activity Centers
These areas are designated where existing communities with established settlement
patterns exist. These areas are smaller in both size and'scale than urban areas. The
areas are characterized by small-scale concentrations of commercial, service,
industrial and civic uses, as well as a mix of residential uses on small lots. Further
development in these areas shall not allow for extension of urban services or
facilities.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGEG
1.02.046 Rural Community Centers
These areas provide a geographically small focal point and.community identity for
surrounding rural areas. Such a focal point may revolve around a church, a post
office, a community center,.or even an automobile.service station. These areas are
not intended to accommodate urban-scale,development, and they shall not promote.
residential development except at densities consistent with General Rural Areas.
1.02.047 Resource Conservation Master Plan (RCMP)
Resource Conservation Master Plan RCUT areas provide the opportunity for well
planned development, consistent with rural character, within Rural Lands. They may
be developed through a Planned Unit Development (PUD) or a mixed Use
development. RCMPs would require a 20-acre minimum parcel size, clustering,.
open space-and a portion of the site to.remain in a resource use such as forestry,
mineral extraction, hortimilture, agriculture, or aquaculture. Development of an area'
using this option will require comprehensive plan and development regulation
amendments.
1.02.048 Working Rural Areas
These areas are used for long-term resource-related activities such as forestry,
agriculture and mineral extraction. This designation is intended to protect these uses
from encroachment by incompatible land uses. The Comprehensive Plan anticipates
that some of these lands may be converted to other, more intensive.land uses over
time. Such conversion will require an amendment to the Comprehensive Plan, and
to the Development Areas Map found at Section 1.02,.050.
1.02.049 Inholding Lands
Inholding lands are lands surrounded by long-term commercial forests, but which are
not suitable due to parcel size or other constraint for that purpose. Inholding lands
may be developed, but only in a manner which assures the viability of the abutting
forest land.
1.02.060 Development Areas Map
The Development Areas Map attached hereto is adopted as the Official Map of on
County. Ile boundaries and locations of all Development Areas within the County shall be
as shown on this*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.
ADOPTED BY MASON COUNTY
BOARD OF COLINTY CommissioNERs 6/17/96
PAGE 7
1.02.062 Uncertainty of boundaries.
When uncertainty exists as to the boundaries of areas as indicated on the
Development Areas map, the following rules shall apply:
A. Boundaries shown as approximately following streets, alleys. or highways
shall be construed as following the centerline of such feature.
B. Boundaries indicated as approximately following lot lines shall be construed
as following such lot lines.
C. Distances not specifically indicated on the map shall be determined by
applying the scale of the map.
D. 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.
1.02.064 . Changes in Boundaries
A. Any change in any boundary shown on the Development Areas Map shall be
made by adopting an amended Development Areas Map. The procedure for
such an amendment is found in Section 1.05.079.
B. No change in the boundary of any Development Area shall be approved
unless such change is found to be in compliance with the Comprehensive
Plan.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 8
INSERT MAP E[ERE
(Note: the Development Areas Map is deriv a Future Land Use map found
at Section ® ®3 of the Alason County Comprehensive Plan. Rural Community
Centers e shown on this mapthey become identified "on the ground."
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE
1.03
Development Requirements
1.03.010 Permitted Uses, Generally
It is the intent of this Chapter to provide for the maximum amount of flexibility in the siting
of differing types of land uses. 'For this reason, the performance standards and buffer yard
requirements found at Section 1.03.036 have been developed. However, both the
Comprehensive Plan and this Chapter recognize that some uses and densities will create
inherent conflicts with surrounding land uses, and with the intent of the Comprehensive
Plan. Thus, some uses are prohibited in some areas, and the intensity of some uses (such
as residential, expressed in dwelling units per acre, and industrial, expressed in floor area
ratio) are restricted in others.
1.03.020 Matrix of Permitted Uses
The intent of this section is to assist proponents and staff in determining whether a proposed
land use is consistent with the-appropriate policies of the Comprehensive Plan. Those
policies were formed with the intention to allow properly owners and project proponents as
much flexibility as possible in the use of their property, within the constraints of the Growth
Management Act. . Therefore, the following matrix is intended to identify, for the sake of
simplicity of usage, whether a particular land use fits the urban or rural character of the area
where it is proposed. However, it is recognized that such an approach is limited in its ability
to deal fairly with each unique project proposed. If a proponent can demonstrate, through
studies of such measures as trip generation, type of traffic, parking and circulation, utility
demands, environmental impacts, physical space needs, and clientele characteristics of the
use, that the land use of the project as proposed is appropriate for the location proposed,
such demonstration shall be.considered by the Administrator in addition to the information
in the matrix.
1.03.021 Home-based Occupations; Cottage Industries
Unless noted by an asterisk (*) any use shown in Flamm 1.03.020, or any use
permitted pursuant to Sections 1.03.022 or 1.03.024, is permitted in any
development area as a home-based occupation, or as 4 cottage industry.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMIssmERs 6/17/96
PAGE 10
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PACE 13
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®BY MASON Ca ! U
BOARD V COMMISSIONS 6/17/96 D
PA®E 17
1.03.022 Uses Otherwise Permitted
The list of uses set forth in FIGURE 1.03.020 is not intended to be all-inclusive. If
an applicant proposes a use which is not listed, the Administrator shall first
determine whether the use is similar to a permitted use, utilizing the procedure set
forth in Section 1.03.024. If. the Administrator can not make an affirmative
determination, then the applicant and the Administrator shall look to the
Comprehensive Plan to determine whether such use was contemplated within the
development area. The Administrator shall maintain a list of all such determinations
and interpretations for use by future applicants, which list shall be submitted to the
Board for review not less than once each year.
1.03.024 Similar Uses
The Administrator may authorize uses for all Development Areas that have similar
characteristics to uses specifically cited in Chapter 1.03.020. In making an
affirmative determination that a use is similar to one specifically cited in Chapter
1.03.020, the Administrator shall find that the land use characteristics fit the urban
or rural character of the surrounding area by using measures such as trip generation
and type of traffic, parking and circulation, utility demands, environmental impacts,
physical space needs, and clientele characteristics of the use. In making an
affirmative determination, the Administrator should find that the use characteristics
differ by less than 10 percent from the characteristics of the use specifically cited in
Chapter 1.03.020.
1.03.026 Residential Uses as Special Uses
On any lot abutting a railroad track or airport, a Special Use Permit shall be required
for a residential use of that property. A residential dwelling located more than one
hundred fifty (150) eet from such a facility shall be exempt from this requirement,
if the lot upon which the dwelling is to be placed is located within an Urban Growth
Area.
1.03.028 Essential Public Facilities
Essential Public Facilities shall require a Special Use Permit in any development
area, except that such facilities shall not be permitted in a Resource Area..
1.03.030 Development Requirements and Performance Standards
A. The following development requirements and performance standards apply to all
property proposed for development which is within the jurisdiction of Mason
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 18
County. No development approval shall be given, and no building permit shall be
issued, unless the proposed development is in compliance with the provisions of this
Chapter.
B. Nothing in this Ordinance shall be construed as prohibiting the placement of
an on-site septic system in an Urban Growth Area, unless the property is
located within three hundred (300) feet of an existing sewer line which has
capacity to accommodate the proposed development. Such on-site septic
system shall be professionally sited, designed, installed, monitored and
maintained. System considerations shall include the following:
1, Meeting the regulations of the Mason County Health. Department,
Washington State Department of Health, or Washington State
Department of Ecology, as appropriate.
2. Consider advanced forms of pretreatment prior to discharge into the
soil.
3. Consider proprietary pretreatment devices to refine high strength
commercial wastes prior to soil treatment and disposal.
4. Disinfection prior to disposal into the more sensitive environments.
5. System maintenance and monitoring by certified professionals under
a program managed by the Mason County Health Department.
C.. If a septic system is proposed for placement in an area identified,for sewer
line extension in the County's Capital Facilities Plan, then the County may
approve the septic system with a condition that 'it be removed and the
property connected to the sewer system within one year of sewer extension.
1.03.032 Minimum I-at Sizes, Development Densities and
Dimensional Requirements
A. Minimum Lot Size. In general, there are no minimum lot sizes
established in any development area. However, issues to be
considered in establishing a minimum size for any particular lot shall
include adequate provisions for buffer yards, as set forth in Section
l..03.036. In -addition, in all areas not served by a public sewer
system, determination of minimum lot sizes shall consider the
requirements of the Mason County Board of Health in accordance
with regulations regarding the placement of septic systems. Nothing
.in this Ordinance shall be construed as limiting the authority of the
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PACE 19
County Board of Health in the regulation of-on-site septic systems„
Minimum lot size determines the smallest size lot upon which a
structure may be placed. This measurement is NOT to be confused
with minimum density, which determines the number of building lots
which may be created from a larger parcel of land.
B. Maximum Development Densities. Development densities for residential
development are calculated as the allowed number of dwelling units per acre
(DU/ac). For non-residential development, development densities are
calculated as the amount of building floor area allowed per gross acre of
land, the "floor area ratio" (FAR). For all Development Areas within the
County, these development densities are shown in FIGURE 1.03.032.
C. Dimensional Requirements. Dimensional requirements include setbacks,
building height restrictions, and maximum allowed lot coverage. These
requirements for each Development Area are set forth in FIGURE 1.03.032.
Maximum height restrictions shall not apply to storage silos, antennas,
transmission towers or water tanks.
s
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 20
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1.03.033 Performance-Based Density Bonuses
The "Maximum Residential Densities" shown in FIGURE 1.03.032 may be achieved
only through the use of the performance standards set forth herein and in Title I
These standards are designed and intended to encourage the preservation of the
character of the land surrounding the proposed land use. The achievement of these
bonuses will, in most cases, require an analysis of the land to document existing
conditions, opportunities and constraints. Use of this information will assist in
determining the most appropriate development pattern for each individual site.
1.03.034 Classification of Land Uses Established
In order to determine the compatibility of differing land uses, and to minimize the
impacts that development may have on abutting property, all land uses permitted
in Mason County are classified into six categories. Those categories are illustrated
in FIGURE 1.03.034.
1.03.035 Cluster Development Required
Cluster development is required for all residential subdivisions located in the
following development areas: Long-term Commercial Forests, Mineral Resource
Areas, and Working Rural Areas.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96 -
PAGE 22 -
FIGURE 1.03.03
Classification of Land Uses
Category • Group homes • Cottage Industries
Open Space Lodging,Type I
• Passive recreation areas ° Campgrounds Category
• Walking or hiking trails RV parks
• Cemeteries Bed and Breakfast,12 or fewer Commercial,Type
guest rooms • Retail,general
Residential,Type I ° Vacant land • Hospitals
• Detached,single-family • Animal clinics
dwelling; ldu/20 ac.or greater • Automobile service station
• Accessory apartment • Vehicle sales
• Home occupation Category M • Vehicle repairs
• Child day care,family • Auction house
Residential,Type III • Contractor yards
Agriculture,Type I • Attached or detached single- • Home and garden centers
• Crops family dwellings,more than 1 • Health clubs
• Orchards du/ac • Wholesale
• Vineyards ° Multi-family dwellings • Boat yards/marinas
• Pasture Mobile-home parks 0 Mobile home sales
• Farm stands
• Greenhouses,no sales to the Group Care Facilities,Type Industrial,Type I
public ° Adult retirement communities Warehouse,distribution
• Assisted living facilities 0 Light Industry
• Wholesale
Category
Category IV
Residential,Type II
• Detached,single-family Lodging,Type H Category VI
dwelling;ldu/ac.to ldu/20 ac. • Bed and Breakfast
• Two to four-family dwelling; ° Motel Industrial,Type II
ldu/ac.or greater 0Boarding House Heavy industry
• Hotel Mining,extraction
• Airport
Public Institutional
• Schools Commercial,Type I Agriculture,Type III
• Churches (hours of operation limited to Forestry
• Libraries 7:00a.m.to 8:00p.m.) '+;• Logging
• Post Offices Professional offices
• Retail,less than 10,000 s.f. Rifle range
• Medical clinics Wrecking/junk yard
Recreation • Banks
• Parks
• Active recreation areas Agriculture,Type
• Bicycle/equestrian traps • Greenhouses
• Nursery yards '
Group Care Facilities,Type I • Livestock
• Adult-day care facility • Kennels
• Child day care,commercial ° Parking Areas,Lots
ADOPTED BY MASON COUNTY
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1.03.036 Buffer and Landscape Requirements
As a method for allowing the placement of differing land uses adjacent to one another,
buffer yards shall be required. The location, size and type of buffer yard shall be
determined by comparing the category of the proposed land use with the categories of
all abutting land uses, in accordance with FIGURE 1.03.036. Buffer yard requirements
are stated in terms of the number of plant units required per one hundred(100) linear
feet of buffer yard. Any land set aside as a buffer yard may be used in calculating the
development density of a parcel of land.
A. It is the intent of this section that the establishment of any buffer yard pursuant
to the criteria set forth herein will result in full compliance with the standards
for maximum environmental noise levels as set forth in WAC 173-60. Buffer
yards exceeding the minimum requirements of this Section may be required in
the event that maximum environmental noise level requirements are not met.
It shall be the sole responsibility of the owner,of the property upon which the
buffer yard is established to assure compliance with these state-established noise
levels.
B. Determination of Buffer Yard Requirements. To determine the type of buffer
yard required between two adjacent parcels, or between a parcel and a street,
the following procedure shall be followed:
1. Identify the land use category of the proposed use by referring to
FIGURE 1.03.034.
2. Identify the uses of all adjacent properties by on-site survey.
3. Identify the land use categories of all adjacent parcels by referring to
FIGURE 1.03.034.
4. Determine the buffer yard required on each boundary (or boundary
segment)by referring to FIGURE 1.03.036.
C. Responsibility for buffer yard.
1. When a use is the first use to develop on one of two adjacent, vacant
parcels, the first use shall provide the buffer which FIGURE 1.03.034
requires next to vacant land. The second use to develop shall, at the
time of its development, provide all additional plant material and/or land
necessary to provide the total buffer yard required between those two
uses.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PACE 24
2. When an existing use changes to a higher intensity use as determined by
FIGURE 1.03.034, all of the buffer yard requirements of this Chapter
shall be met.
3. When an existing use expands, the Administrator shall determine
whether the extent and location of the expansion shall require
conformity with this Chapter. In making such determination, the
Administrator may consider the size, location and purpose of the
expansion, the relationship of any existing structures to the expansion,
and the nature of surrounding land uses.
D. Exemption from Buffer Yard Requirements. When a land use requires direct
and unobstructed access to an adjacent transportation facility such as a railroad
or airport, the requirements of this Chapter shall be waived to the extent
necessary to allow for such'access.
E. Use of Existing Materials.
1. Existing, healthy plant-materials on a parcel may be used to meet the
requirements of this Chapter.
2. Any open space created pursuant to Chapter 16.22 may be used to meet
the requirements of this Chapter.
3. Any wetland or associated buffer set aside pursuant to any federal, state
or County environmental. regulation 'may be used to meet the
requirements of this Chapter.
F. Required Plant Material Specifications. FIGURE 1.03.039 identifies the
minimum sizes of the various types of plant materials required under this
Chapter.
G. Substitution of Plant Materials.
1. In buffer yards D,E, and F, evergreen canopy or evergreen under story
trees may be substituted for deciduous canopy or under story without
limitation.
2. In buffer yards A, B, and C, up to fifty (50%) percent of deciduous
canopy or under story may be substituted with evergreen canopy or
under story.
3. In all buffer yards, evergreen or conifer shrubs may be substituted for
deciduous shrubs without limitation.
ADOPTED BY MASON COUNTY
W)ARD OF couNTY,Commissmns 6/17/96
PAGE
H. Maintenance of Plant Materials.
1. All planting materials required by this Section shall be maintained by the
property owner in a manner to assure the health of the planting, and to
assure that the buffer yard continues to serve its intended function.
2. If any required planting materials shall cease to serve their intended
function due to size, age or health,the property owner shall replace such
planting material with the same or similar plant types, as provided
herein.
I. Variations of buffer yard requirements.
1. In all buffer yards, planting requirements may be reduced by twenty-five
(25%) percent by increasing the width of the buffer by fifty (50%)
percent.
2. In all buffer yards,the required width of the buffer yard may be reduced
by fifty (50%) percent by increasing the amount of plantings. by one
hundred(100%)percent.
3. In buffer yards A and B, the buffer yard width OR the amount of
planting may be reduced by fifty (50%) percent if any fence or berm
shown in FIGURE 1.03.037 is used.
4. In buffer yard C, the buffer yard width.OR the amount of planting may
be reduced by fifty(50%) percent if a structure F3 or above is used.
5. In buffer yard D, the buffer yard width OR the amount of planting may
be reduced by fifty (50%) percent if a structure F4 or B2 or above is
used.
6. In buffer yards E and F, the buffer yard width OR the amount of
planting may be reduced by fifty(50%)percent if a structure F6 or BW 1
is used.
J. Uses allowed in a buffer yard.
1. Where a wetland or open space set aside for any other purpose is used
as a buffer yard, any use normally allowed in such wetland or open
space may be allowed also within the buffer yard, except that mining,
logging, or other forestry activities shall not be permitted in a buffer
yard.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 26
2. Required stormwater facilities may be located within buffer yards,
provided that the landscaping of such facility complies with the
requirements of this Section.
Figure 1.0 .0 6
Buffer Yard Requirements
Adjacent Existing Land Use Classification
Proposed Land Use
Intensity Class
I A B C D E F
II B A B D D F
C B A C D E
IV D D C B D E
V E D D D C D
VI F F E E D D
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 27
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ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 20
m
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Figure 1.03.039
Plant Material Types
Plant Material Type Planting in Buffer Yards All Other Plantings
abutting Vacant Lands
Canopy Tree Deciduous
Single Stem 1 1/2 inch caliper 2 inch caliper
Multi-Stem Clump 6 feet height 8 feet height
Under story 'Free Deciduous 4 feet height 6 feet height
Evergreen 4 feet height' 6 feet height
Shrub
Deciduous 1 gal 15 inches height) 2 gal 24 inches height)
Evergreen 1 gal 12 inches height) 2 gal 18 inches height)
NOTE: These requirements refer to the minimum size of plant materials at the time of
planting.
1.03.040 Off-Street Parking and Loading
Note: These requirements will be adapted from ordinance#815, Mason
County Parking Standards
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PARE 30
1.04
(Reserved)
ADOPTED By MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 31
1.05
Administrative Procedures
1.05.010 Nonconforming Buildings and Uses
1.05.011 Applicability
The provisions of this Section shall apply to buildings, lands or uses which
become nonconforming as a result of the application of this Ordinance to them,
or from the classification or reclassification of the property under this
Ordinance, or any subsequent amendment thereto.
1.05.012 Continuing Existing Uses
A. Any lawful use of land and/or building or structure, either existing or
under construction, may be continued, without regard to whether the
use or building becomes nonconforming as a result of application of this
Ordinance.
B. Any lawful use of land and/or building or structure for which a use or
building permit has been applied may(subject to the issuance of such
permit) be completed, and may be used as intended, without regard to
whether the use or building would be nonconforming as a result of
application of this Ordinance.
C. Any lawful use of land and/or building or structure which is vested by
application of state law may be completed, and may be used as intended,
without regard to whether the use or building would be nonconforming
as a result of application of this Ordinance..
1.05.014 Alterations and Enlargements
A. Unless otherwise specifically provided in this Ordinance, nonconforming
buildings shall not be enlarged or structurally altered unless the
enlargement or alteration is required by law, or unless the enlarged
building area is occupied by a conforming use. Any such enlargement
or structural alteration shall meet the buffer requirements of this
Ordinance, as those buffer requirements are applied to the entire parcel
of land,.subject to the determination of the Administrator, as set forth
in Section 1.03.036(C)(3).
B. Nonconforming non-residential uses and structures located outside
Urban Growth Areas may be permitted to expand, subject to the
following.conditions:
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1. The floor area of the existing building(s) shall not increase by
more than twenty (20%) percent or ten thousand square feet,
whichever is greater; and
2. The buffer yard requirements of this Ordinance shall be applied
to the entire parcel of land, and shall be met,
subject to the
determination of the Administrator, as set forth in Section
I..03.036(C)(3).
C. Normal upkeep, repair and maintenance of nonconforming structure's is
permitted, provided that such activities shall not increase the
nonconformity of the use or structure(s).
D. Unless otherwise specifically provided in this . Ordinance, no
nonconforming use shall be enlarged or increased, or extended to
occupy a greater area of land than occupied by such use at the time this
Ordinance becomes effective.
E. Unless otherwise specifically provided in this Ordinance, no
nonconforming use shall be moved, in whole or in part, to any other
portion of the lot or parcel of land occupied by the nonconforming use
at the time this Ordinance becomes effective.
1.05.016 Abandonment; reconstruction
A. If any nonconforming use of land.andlor.building is:abandoned, or
ceases for any reason whatsoever(including destruction of the building)
for a period of two years or more, then any future use of such land
and/or building shall conform to the provisions of this Ordinance. Upon
written request of the property owner,the Administrator shall grantone,
one-year extension to the aforementioned two-year period.
B. Any nonconforming building or structure which has been damaged or
destroyed by fire, earthquake, flood,-wind or other disaster may be
f I
rebuilt for the same nonconforming use only, subject to the following
restrictions:
1. The restoration or repair of such nonconforming building shall
not serve to extend or increase the nonconformance of the
original building or use; and
ADOPTED BY MASON COUNTY
BOARD OF COUNTY CommissioNERs 6/17/96
PAGE
2. A building permit allowing for such restoration or repair must
be issued within two years of the disaster. Upon written request
of the property owner, the Administrator shall grant one, one-
year extension to the aforementioned two-year period.
1.05.018 Change of Use
A. Any nonconforming use of land shall not be changed to any other use,
unless the new use conforms to the provisions of this Ordinance.
B. Any nonconforming use of a structure shall not be changed to any other
use, unless:
1. The new use conforms to the provisions of this Ordinance; or .
2. The new use is of equal or lesser intensity than the previous use,
as determined by the Classification of Land Uses, FiGuxE
1.03.034.
1.05.020 Temporary Uses
1.05.022 Temporary Construction Buildings
Temporary structures for the housing of tools and equipment, or buildings
containing supervisory offices in connection with construction projects, may be
established and maintained during the progress of construction on such.
progress. Such buildings and/or structures shall be abated and removed from
the premises within thirty (30) days after completion of the project, or thirty
(30) days of cessation of work.
1.05.023 Temporary Construction Signs
Signs identifying persons engaged in or responsible for construction on a site
shall be permitted while construction is in.progress upon the issuance of a
building or use permit. Such sign shall not exceed 64 square feet(per face) in
size, and shall be removed within six(6)months of its placement on the site.
1.05.030 Variances
1.05.031 Purpose '
The purpose of this Section is to provide a means of altering the requirements
of this Ordinance in specific instances where the strict application of these
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 34
regulations would deprive a property of privileges enjoyed by other properties
which are similarly situated, due to special features or constraints unique to the
property involved.
1.05.032 Use Variances Prohibited
No variance shall be granted to permit the establishment of a use otherwise
prohibited within the development area in which the property concerned is
located, except as provided in Section 1.05.018(B). Applications for such
variances shall not be accepted for processing or review.
1.05.034 Granting of Variances Authorized
A. The Board of County Commissioners shall have the authority to grant
a variance from the provisions of this Ordinance when, in their opinion,
the conditions set forth in Section 1.05.036 have been met. The Board
shall have the authority to attach conditions to any such variance when,
in their opinion, such conditions are necessary to protect the public
health, safety or welfare, or to assure that the spirit of this Ordinance is
maintained.
B. The Administrator shall have the authority to grant a variance'fi7om the
provisions of this Ordinance when the granting of such variance will
result in a measurable deviation of ten (10%) percent or less from the
provisions set forth in this Ordinance. In issuing such variance, the
Administrator shall make a positive determination that the conditions set
forth in Section-1.05.035 have been met. The Administrator shall have
the authority to attach conditions to any such variance when, in his (her)
opinion, such conditions are necessary to protect the public health,
safety or welfare, or to assure that the spirit of this Ordinance is
maintained.
1.05.035 . Findings Required for Approval of a Variance
Before any variance is granted, the granting huthority shall make a positive
determination regarding each of the following factors:
A. That there are special circumstances applicable to the subject property
such as shape, topography, location or surroundings, which
circumstances do not apply generally to other properties in the same
Development Area;
ADOPTED BY ON COUNTY
BOAPD OF COUNTY COMMISSIONEps 6/17/96
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B. That the variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same
vicinity, but because of special circumstances is denied to the property
in question;
C. That the granting of the variance will not be materially detrimental to
the public welfare, or injurious to the property or improvements in the
vicinity in which the subject property is located; and
D. That the granting of the variance is in substantial harmony with the
Comprehensive Plan.
1.05.036 Procedural Requirements for a Variance
A. Application for a variance shall be made to the Department of
Community Development, on forms furnished by the County.
B. Any application for a variance shall include an application fee as
established by the Board.
C. Variance applications decided by the Board shall require a Public
Hearing, as set forth in Section 1.05.050 of this Ordinance.
1.05.040 Special Uses
1.05.041 Purpose
A Special Use is one which possesses unique characteristics due to size, nature,
intensity of use, technological processes involved, demands upon public
services, relationship to surrounding lands, or other factors. The purpose of this
Section is to provide for adequate oversight and review of such development
proposals, in order to assure that such uses are developed in harmony with
surrounding land uses, and in a manner consistent with the intent of this
Ordinance and the Comprehensive Plan.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
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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 toaccommodate the Decision Criteria set
forth in Section 1.05.044.
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;
C. 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.
1.05.046 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.
B. Any application for a Special Use Permit shall include an application fee
as established by the Board.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PA®E 37
C. Special Use Permit applications shall require a Public Hearing, as set
forth in Section 1.05.050 of this Ordinance.
1.05.050 Hearings and Notices
Upon receipt of any application which requires a public hearing, the Administrator shall set the
date for such hearing. The hearing date shall be established in such a manner as to allow for
adequate public notice as set forth in Section 1.05.052, and shall also allow for sufficient time
to allow for the Department of Community Development to review the proposal and provide
a report to the Board.
1.05.052 Public Notice Requirements
The following are the minimum requirements for public notice for any hearing.
Any costs associated with mailings or publication required under this Section
shall either.be paid by the applicant directly, or reimbursed by the applicant to
the County prior to the date of the public hearing.
A. Notice shall be published not less than ten(10)days prior to the hearing
in a newspaper of general circulation within the County,_ and in a
newspaper of general circulation in the area where the property which
is proposed to be developed is located.
B. Special notice of the hearing shall be given to adjacent landowners by
any other method that the Administrator deems necessary.
C. If the.subject property is located within the Shelton Urban Growth Area,
or within one thousand (1,000) feet of said Urban Growth Area, notice
of the hearing shall be provided to the Shelton City Clerk.
1.05.054 Rules of Conduct: Hearings
The Board shall have the authority to establish such rules as it may deem
appropriate for the conduct of the.public hearing. At a minimum, the following
rules shall apply:
A. All testimony taken shall be sworn testimony.
B. The Board shall keep and maintain a written record of all proceedings.
.ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 3 8
C. Any interested party shall have the opportunity to present oral or written
testimony, which shall become a part"of the written record. This
opportunity may be subject to such time limitations as may be imposed
by the Board.
D. At the conclusion of the hearing, the Board may elect to hold the record
open for the purpose.of soliciting additional testimony.
1.05.056 Decision and Findings
Within thirty(30) days of the conclusion of the public hearing, the Board shall
issue its decision. The decision shall be made in writing, and shall include
findings of fact which support the decision. The Board may attach such
conditions as it deems necessary essary to assure that the proposed development is
constructed in a manner consistent with the intent of this Ordinance. Notice of
the decision of the Board shall be sent to the. County Assessor, the
Administrator, the applicant, and to any other party who has requested receipt,
of such decision.
1.05.060 Appeals
A. Any decision of the Administrator made pursuant to this Ordinance may be appealed to
the Board, subject to the following provisions:
I Any appeal must be filed within thirty(30) days of the decision being appealed.
2. , An appeal shall be accompanied by a filing fee as established by the Board.
B. Any appeal of a decision of.the Board shall be made in Superior Court.
1.05.062 Rules of Conduct: Appeals
With regard to an appeal made to the Board, the following rules of conduct
shall apply:
A. Within thirty(30) days of receiving a notice of appeal, the Board shall
meet to consider the matter.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY CommissioNFRS 6/17/96
PAGE39
B. Issues before the Board shall be limited to the information contained in
the notice of appeal, and the written record of the decision-making
body. The Board may hear oral arguments recapitulating the written
record,but it shall not consider any new testimony from any source. A
public hearing shall not be held.
C. The Board may continue its deliberations through more than one
meeting in order to provide adequate time to consider the issues
involved in the appeal.
D. The Board shall render its decision in writing within forty-five (45) days
of its meeting to consider the matter.
1.05.070 Administration and Enforcement
1.05.071 Validity and Severability
A. 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.
B. This Ordinance is intended to conform to and promote the provisions of
the Mason County Comprehensive Plan. In the event of conflict
between the two documents,the more specific interpretation shall apply.
1.05.072 Enforcement
No permit for the construction, alteration or expansion'.of any building,
structure or part thereof shall be issued unless the plans, specifications and
intended uses of the subject property conform in all respects to the provisions
of this Ordinance.
A. It shall be the responsibility of the Administrator to enforce any section
of this Ordinance which addresses land use, including buffer yard
requirements.
B. It shall be the responsibility of the Building Official to enforce any
section of this Ordinance which addresses requirements for any
structure, including signs.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PACE 4O
C. It shall be the responsibility of the County Engineer to enforce any
section of this Ordinance which addresses street design and construction
(whether public or private), parking lot design and construction, or the
design and-construction of stormwater facilities.
1.05.074 Violations
It shall be unlawful and a violation of this Ordinance for any person to use or
occupy any portion of any premises, and part of which has been constructed,
equipped or is used in violation of the provisions of this Ordinance, until such
unlawful use has ceased and such'unlawful construction and equipment has been
removed from the pren-dse' s. Each day that a violation continues to exist shall
be considered as a separate offense.
1.05.076 Penalties: Criminal
A. Any person who violates the provisions of this Ordinance shall be guilty
of a misdemeanor, and shall be punished by a fine of not more than one
thousand ($1,000.00) dollars, or,by imprisonment for not more than
ninety(90) days, or by both such fine and imprisonment.
B. In addition to any other penalties set forth in this Ordinance, any
violation of the provisions of this Ordinance may be declared to be a
public nuisance and may be.abated through proceedings for injunctive
or similar relief in superior court or other court of competent
jurisdiction.
C. Upon determination that a violation of this,Ordinance has occurred, the
Building Official shall have the authority and-discretion to withhold
building permits for the subject property until corrective action is taken.
by the responsible party.
1.05.07.8 Penalties: Civil
A. As a supplement or alternative to the remedies set forth in Section
1.05.076, the County shall have the authority to seek civil penalties for
any violation of the provisions of this Ordinance. Any person who
violates the provisions of this Ordinance shall, upon a proper showing,
be deemed to have committed a civil infraction. Mason County
Superior Court is hereby vested with jurisdiction to hear civil infraction
cases under,this Ordinance. Said cases shall be heard by the Court
without jury and, upon a finding that the infraction has occurred by a
preponderance of the evidence, the defendant shall be subject to civil
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 4 1
penalties at the discretion of the Court not to exceed five thousand
($5,000.00) dollars for each separately charged violation.
B. Presumption. For the purposes of administration and prosecution of
alleged violations of this chapter, there is hereby created a rebuttable
presumption that the person whose name appears on the tax records of
the Mason County Assessor, with respect to the real property in
question, has the responsibility for insuring that violations of the
provisions of this Ordinance do not occur on the property in question.
C. In addition to any other penalties set forth in this Ordinance, any
violation of the provisions of this Ordinance may be declared to be a
public nuisance and may be abated through proceedings for injunctive
or similar relief in superior court or other court of competent
jurisdiction.
D. Upon determination that a violation of this Ordinance has occurred, the
Building Official shall have the authority and discretion to withhold
building permits for the subject property until corrective action is taken
by the responsible party.
1.05:079 Amendments
This Ordinance may.be amended whenever required by public necessity,
convenience or welfare. Amendments may be initiated by the Board, the
Planning Commission, the Administrator,.or by'any owner of property within
Mason County. Amendments may be made either to the text, or to the
Development Areas Map. The procedure for an amendment shall be as follows:
A. Petitions for amendment shall be received by the Administrator, who
shall forward such petition to the Planning Commission and the Board
for review.
B. The Planning Commission shall, in public session, review and consider
the proposed amendment. Upon due deliberation, the Commission shall
forward its recommendation to the Board. The Commission shall not
make an affirmative recommendation unless it finds that the proposed
amendment is in conformity to the Comprehensive Plan.
C. Upon receipt of the recommendation of the Commission, the Board
shall set a date for a. public hearing on the amendment. Notice
requirements for the public hearing shall be as set forth in Section
1.05,052.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PACE 42
D. The Board shall conduct its hearing in accordance with the provisions
set forth in Section 1.05.054.
E. In its deliberations, the Board shall first determine whether the proposed
amendment is in conformity with the Comprehensive Plan. The Board
shall not approve an amendment unless it makes such an affirmative
finding.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 43
1.06
Definitions
Accessory Dwelling Unit. A second dwelling unit added onto, created within or detached
from an existing single-family detached dwelling for use as a completely independent or semi-
independent unit with provisions for cooking, eating; sanitation and sleeping.
Accessory building or use. Any building or use which:
A. Is subordinated to, and serves a principal building or principal use; and
B. Is subordinate in area, extent or purpose to the principal building or principal use
served;.and
C. Contributes to the. comfort, convenience or necessity of occupants of the principal
building or principal use served; and
D. Is located on the same lot as the principal building or principal use served, with the
single exception of such accessory off-street parking facilities as are permitted to locate
elsewhere than on the same lot with the building or use served.
Adequate Public Facilities. Facilities which have the capacity to,serve development without
decreasing levels of service below locally established minimums. (WAC 365-195-210)
Administrator. The Director of Community Development for Mason County shall serve as
the administrator. The Board may also designate an acting administrator who shall have all of
the duties and powers of the administrator in the absence of or inability of the administrator to
act.
Adult day-care facility. An establishment providing for regularly-scheduled care and
supervision of adults whose age or medical condition warrants such care, and where such care
is provided for periods of less than twenty-four(24) hours.
Adult retirement.community. A residential development for persons who are at least fifty-
five.(55)years of age. Such development may include the fouowing as accessory uses:
A. Social and recreation activities;
B. Communal meal service;
C. Limited health care facilities;
D. Transportation facilities; and
E. Personal services.
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BOARD OF COUNTY COMMISSIONERS 6/17/96
PAGE 44
Agricultural Lands. Land primarily devoted to the commercial production of horticultural,
viticultural, floricultural, dairy, apiary,vegetable, or animal products or of berries, grain, hay,
straw turf, seed, Christmas trees not subject to the excise-tax imposed by RC W 84.3 3.100
through 84.33.140, or livestock.
Aquaculture. The commercial cultivation of aquatic life, such as fish, shellfish and seaweed.
Assisted living facility. An"assisted living facility" is an institution or a distinct part of an
institution that is licensed or approved to provide health care under medical supervision for
twenty-four or more consecutive hours to two or more patients who are not related to the
governing authority or its members by marriage, blood, or adoption.
Available Public Facilities. Indicates that facilities or services are in place or that a financial
commitment has been made to'provide that facilities or.services within a specified time. In the
case of transportation,the specified time is six years from the time of development. (WAC 365-
195-210)
Bed and Breakfast. Overnight accommodations and a morning meal in a room or suite of
rooms provided to guests for compensation, where such room or suite is located in a building
occupied by the owner of the facility.
Best Management Practices. A physical, structural, or managerial practice which has gained
general acceptance for its ability to prevent or reduce environmental impacts.
Board. . The Mason County Board of County.Commissioners.
Buffer yard. An area of plantings surrounding a land use which screens or blocks vision, noise
pollutants, or other negative by-products associated with that use. The bufferyard might consist
of open space, landscaped areas, undisturbed areas of natural vegetation, fences, walls, berms,
or any'combination thereof.
Building. A structure intended for use.or occupancy by humans.
Capacity. The measure of the ability to provide a level of se mce on a public facility.
Capital Improvement. Land, improvements to land, structures(including design, permitting,
and construction), initial furnishings and selected equipment. Capital improvements have an
expected useful.life of at least 10 years.
Carrying Capacity. The intrinsic constraints on the development of an area. The
development that may be allowed without an (unacceptable)
ceptable) significant adverse impact, on a
cumulative basis, on an environmental or social value intended to be protected by the
comprehensive plan. Carrying capacity in the biological sciences is the population of a species
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PAGE
in a particular environment which can be sustained on an on-going basis. "The maximum
number of inhabitants that an environment can support without detrimental effects." (Websters
11)For human populations,this concept less useful in the sense that resources which are locally
in short supply can be transferred from anywhere in the world, and the level of impact that
human society has on the environment is variable based on the technology used and the way
that technology and other human activities are managed. Humans do not have the limited range
of behaviors other species have. Examples of values to be protected in the plan would be native
fisheries or rural character.
Child care center, family. An establishment providing for regularly-scheduled care,
supervision and protection of children for periods less than twenty-four (24) hours, in a
dwelling, where such care and supervision is provided by a resident of the dwelling, and where
no non-resident is regularly employed. Such establishment shall be subject to licensing and
regulation requirements pursuant to WAC 388-150.
Child.care center, commercial. An establishment providing for regularly-scheduled care,
supervision and protection of children for periods less than twenty-four (24) hours. Such
establishment shall be subject to licensing and regulation requirements pursuant to WAC 388-
155.
City. Any city or town, including a code city. (RCW 36.70A.030)
Clustered Development. Grouping the allowed development on only a portion of the site in
such a way that a significant proportion of the site remains in common open space, recreation,
resource-based use, any combination of those uses, or remains undeveloped with some kind of
restriction on additional development.
Commercial Uses. Businesses involved in: 1) the sale, lease or rent of new or used products
to the consumer public; 2) the provision of personal services to the consumer public; 3) the
provision of leisure services in the form of food or drink and passive or active entertainment;
or 4)the'provision of product repair or servicing of consumer goods.
Commission. The Mason County Planning Commission.
Community On-site Septic Systems. A sewage system used io serve multi-family residential
complexes or groups of individual residences.
Comprehensive Land Use Plan, Comprehensive Plan, or Plan. The Mason County
Comprehensive Plan, as adopted pursuant to the Growth Management Act, and as thereafter
may be amended.
Concurrency. Adequate public facilities are available when the impacts of development occur.
This definition includes the two concepts of"adequate public facilities" and of"available public
facilities" as defined in this section. (WAC 365-195-210)
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Consistency. A to which means that no feature of a plan or regulation is incompatible with
any other feature of a plan or regulation. Consistency is indicative of a capacity for orderly
integration or operation with other elements in a system. (WAC 365-195-210)
Contiguous Development Development of areas immediately adjacent to one another. (WAC
365-195-210)
Convenience Store. Any retail establishment offering for sale prepackaged food products,
household items, newspapers and magazines, and sandwiches and other freshly prepared foods,
such as salads, for off-site consumption.
Cottage Industry. A business, occupation, or profession that is incidental to a residential use
and is carried on by a member or members,of the household living in the residential unit on the
site. There may be up to five employees working on the site who do not reside on the site.
Cottage industries may be conducted within the residential dwelling or within an accessory
structure.
Critical Areas. Areas which include the following areas and ecosystems: (a) wetlands; (b)
areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife
habitat conservation areas; (d) frequently flowed areas; and(e)geologically hazardous areas.
(RCW 36.70A.030)
Density. A measure of the intensity of development, generally expressed in terms of dwelling
units per acre. Density can also be expressed in terms of population(i.e., people per acre).
Design Guidelines. A set'of guidelines defining parameters to be followed in site and/or
building design.and development.
Design Standards. A set of standards defining parameters to be followed in site and/or
building design and development.
Development The construction, reconstruction, conversion, structural alteration, relation or
enlargement of any structure, and any mining, excavation, filling, or other associated land
disturbance.
Development Districts. Development Districts are areas in which a variety of development
options are allowed if they are.consistent with.the purpose of the district.
Development Regulations. Any controls placed on development or land use activities by a
county or city. Including, but not limited to, zoning ordinances, subdivision ordinances, and
binding site plan ordinances. (RCW 36.70A.030)
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Domestic Water System. Any system providing a supply of potable water which is deemed
adequate pursuant to RCW 19.27.097 for the intended uses of a development. (WAC 365-195-
210)
Easement. A covenant which grants or restricts a specific right of use.
Environmental Impact Statement(EIS). A document detailing the expected environmental
impacts of a proposed action.
Erosion Hazard Areas. Those areas that because of natural characteristics, including
vegetative cover, soil texture, slope gradient, and rainfall patterns, or human-induced changes.
to such characteristics, are vulnerable to erosion.
Erosion. The wearing away of the earth's surface as a result of the movement of wind, water,
or ice.
Essential Public Facilities. Essential Public facilities include facilities such as prisons,
correctional facilities,juvenile detention centers, wastewater/sanitary treatment facilities,and
systems, courthouses, solid waste facilities, airports, and hospitals.
Facility. The physical structure or structures in which a service is provided.
Fire Flow. The amount of water volume needed to'provide fire suppression. Adequate fire
flows are based on industry standards, typically measure in gallons per minute (gpm).
Continuous fire flow volumes and pressures are necessary to insure public safety.The fire flow
volume shag be in addition to the requirements of the water system for domestic demand.
Floodplain. That area of land adjoining a body of water that has been or may be covered by
floodwater.
Floor Area Ratio. The"floor area ratio"is determined by summing the gross horizontal areas
of the all floors of a building, measured from the exterior walls, or the centerline of walls
separating two buildings,and dividing that sum by the gross are4 of the.parcel proposed for use
or development. Space devoted to off-street parking or loading is not included in this
calculation.
Fully Contained Community (FCC). A reserved capacity for new urban development that
will be characterized by urban densities and intensities, urban governmental services, and meets
the criteria established in the comprehensive plan and in RCW 36.70A.350.
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Geologically Hazardous Areas. Areas that because of the susceptibility to erosion, sliding,
earthquake, or other geological events, are not suited to the siting of commercial, residential,
or industrial development consistent with public health or safety concerns. (RCW 36.70A.030)
Greenbelt. A linear corridor of open space which often provides passive recreation and
nonmotorized transportation opportunities, serves as a buffer between developments and
varying land uses, or creates a sense of visual relief from urban landscapes.
Groundwater. Water that fills all the unblocked pores of material lying beneath the water
table.
Growth Management Act(GMA),or Act. The Growth Management Act as enacted in 1990
and subsequently amended by the State of Washington.
Home Occupation. A business, occupation, or profession that is incidental to and carried on
within a portion of a residential dwelling unit by member or members of the household. The
business may have up to three employees in addition to members of the household.
Household. All persons who occupy a housing unit which is intended as separate living
quarters and having direct access from the outside of the-building or through a common hall.
The occupants may be a single family, one person living alone, two or more families living
together,.or any other group of related or unrelated persons who share living arrangements.
(U.S. Department of Commerce, Bureau of the Census)
Hotel. A facility offering guest lodging accommodations to the general public and providing
additional services, such as restaurants, meeting rooms,-entertainment and recreational facilities.
Impact Mitigation. The mitigation of the negative impadts of a development proposal.
Mitigation includes, but is.not limited to the following: avoiding the impact through change in
the proposal,minimizing the impact through changes to the proposal, rectifying the impact by
repairing, rehabilitating or restoring the affected environment., reducing or eliminating the
impact over time by preservation and maintenance operations during the life of the i action,
compensating for the impact by-replacing, enhancing, or providing substitute resources or
environments, and monitoring the impact and taking appropriatq,coffective measures: The term
includes to voluntary and mandatory actions to compensate for'the costs of reducing impacts;
including traffic impacts.
Infill. The development of housing or other buildings in vacant sites in an already developed
area.
Infrastructure. Facilities and services needed to sustain industry, residential, and commercial
activities. Infrastructure may include, but not be limited to, water and sewer lines, streets, and
power and communication lines.
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Inholding Land. Blocks of land that are surrounded on all sides by designated Long-Term
Commercial Forest Lands and are crucial for conservation of.those lands but are not directly
of long-term commercial significance for forestry.
Inn. A commercial facility for the housing and feeding of guests, where the principal structure
of such facility has been converted from a residential use.
Intensity. a measure of land use activity based on density, use, mass, size and impact.
Level of Service(LOS). An established minimum capacity of public facilities or services that
must be provided per unit demand or other appropriate measure of need. (WAC 365-195-210);
a qualitative measure describing the operational conditions within the traffic stream, and.their
perception by motorists and passengers.
Long-Term Commercial Forests or Long-Term Commercial Forest Land: Land so
designated by the County in order to provide special protection for the continued use of the
land_for the production of timber. Land primarily devoted to growing trees for long-term
commercial timber production on land that can be economically and practically managed for
such production as defined in RCW 36.70A.30 (8) and(10).
Lot. 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.
Major Arterial or-Principal Arterial. Roads which convey traffic along corridors to areas
of a high density of commercial or industrial-activity. Major arterial or principal arterial
emphasize mobility and de-emphasize access.
Master Planned Resort. a self contained.and fully integrated development in a setting of
significant natural amenities that includes short-term visitor accommodations associated with
a range of developed on-site indoor or outdoor recreation facilities. It may also include
permanent residential uses as'an integrated pan of the overall resort development. (WAC 365-
195-210)
Minerals. a term which includes gravel, sand, and valuable metallic substances. (RCW
36.70A.030)
MinorArterial or Secondary Arterial. Roads which link activity centers and convey traffic
onto major arterial. Minor arterial provide both mobility and access.
Mixed Use. Development that combines two or more different land uses in the same project.
For example, a mixed use project may include both commercial uses and residential uses.
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Mobile Home Park- a tract of land occupied or designed for occupancy by two or more
mobile homes.
Mobile Home. a factory-assembled structure, transportable in one or more sections, that is
built on a permanent chassis and designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes the plumbing, heating, and
electrical systems contained therein.
Modular Housing. "Modular home"refers to a dwelling that is designed for human habitation
and is either entirely or substantially prefabricated or assembled at a place other than a building
site. Modular homes or modular housing, commonly referred to as factory built housing, are
placed on permanent foundations. For the purposes of this chapter, modular homes shall,be
treated the same as any other single-family dwelling units.
Multi-Family. a structure containing four,lor more,joined dwelling units.
Non-traditional Housing Types. Dwelling types other than on-site built housing units.'
Nontraditional housing types include, but are not limited to, manufactured housing, mobile
homes, and houseboats.
Nonconforming Land Use. a use or activity that was lawful prior to the adoption, revision
or amendment of the this Ordinance but fails by reason of such adoption, revision or amendment
to conform to the present performance standards of the Mason County Development
Regulations.
Nonconforming Structure. a structure that was lawful prior to the adoption, revision or
amendment to this Ordinance but fails by reason by such adoption., revision or amendment to
conform to the present performance standards of the Mason County Development Regulations.
Office. a structure that generally houses a business, government, professional, medical or
financial institution for the non-daffy needs of individuals, groups or organizations.
Open Space. There are three kinds of open space land: private, common use, and,public open
space. Private open space includes farms, forest lands, and other parcels of undeveloped land.
Common use open space is land within a residential developmpnt or other development which
is designated for common access by the residents of the Ablvelo'pment or by the general
community. Public open space is publicly-owned land available for recreational use of the entire
community. Open water areas, such as the Hood Canal or lakes, is also often considered as
open space because it creates,a sense of openness.
Performance Standards. Criteria that are established and must be met before a certain use
or intensity of use will be permitted. These measures are designed to guide development of
property and include, but are not limited to, open space requirements, site design, bufferyards,
screening, size and heights limits for buildings, noise, vibration, glare, heat, air or water
contaminants, and traffic.
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Permitted Use. Any use which is authorized or allowed outright,not requiring a Special Use
Permit-or the approval of the Board.
Person. Within the context of this.Ordinance, "person" is intended to include an individual,
firm, partnership; association or corporation; or a state, or any political subdivision of a state,
or any agency thereof.
Personal Services. Establishments primarily engaged'in providing services involving the care
of a person, or his or her personal goods or apparel.
Planned Unit Development(PUD). a residential development that includes a mix of housing
types such as single family, townhouses, and other multifamily, and groups uses to provide
common open space or to include recreation such as golfing as part of the development.
Plat. a map or plan, especially of a piece of land dividing into building lots.
Primary Treatment. The first step in wastewater treatment in which solids in a wastewater
stream are allowed to settle out.. The suspended solids and the BOD (Biochemical Oxygen
Demand) are reduced by 25 to 40 percent.
Public Services. Public Services include fire protection and suppression, law enforcement,
public health, education, recreation, environmental protection and other governmental services.
(RCW 36.70A.030)
Public Water System. Any systems of water supply intended or used for human consumption
or other domestic uses, including source, treatment, storage, transmission, and distribution
facilities where water is being furnished to any community, collection, or number of individuals,
but excluding a water systems serving on single family residence. (WAC 24854)
RCW. Revised Code of Washington.
Rehabilitation. The physical improvement, remodeling, or partial reconstruction of existing
structures rather than their demolition and replacement.
Resource Lands. Those lands which are suitable for agriculture, forest mineral extraction and
protected by resource lands regulations.
Resource-Based. a use that is dependent upon, or supports uses that are dependent upon,
natural resources including but not limited to, forestry, agriculture, aquaculture, horticulture,
and mineral extraction.
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Rural Lands. Those areas outside of designated Resource Lands and Urban Growth Areas.
Natural features contribute siRnificantly to rural character of these lands. These features
include, but are not limited to, forests, farmlands, and farm buildings, pastures, meadows,
shorelines, wetlands, streams, lakes, hills and mountains. Types of uses within Rural Lands
include resource-based land uses, recreational uses, residential uses, and low intensity
nonresidential uses. Rural Lands can be served by rural governmental services and include
Rural Activity Centers, Rural Community Centers Commercial Centers, Working Rural Areas,
and Rural Areas.
Sanitary Sewer Systems. All facilities, including approved on-site disposal facilities, used in
the collection, transmission, storage, treatment or discharge of any waterborne waste, whether
domestic in origin or a combination of domestic, commercial or industrial waste. (WAC 365-
195-210)-
Secondary Treatment. The second step in purifying sewage which uses biological processes
in additional to settling and provides purification from 85 to 95 percent.
Seismic Hazard Areas. Areas subject to severe risk of damage as a result of earthquake
induced ground shaking, slope failure, settlement, or soil liquefaction.
Sewage. The total of organic waste and wastewater generated by residential, industrial and
commercial establishments.
Sewer. The closed pipe which carries raw sewage from a home or business to a treatment
facility.
Sewerage. The entire system of,sewage collection, treatment, and disposal.
Sight Distance. The length of a roadway required which is sufficient enough to ensure safe
operation of a motor vehicle at posted speeds.
Sign. Any name, identification, description, display, or illustration which is affixed to or
reproduced directly or indirectly upon a building, structure, or piece of land, and which is used
to advertise, identify, display, attract or direct attention to aid event, object, product, place,
activity, person, institution, organization or business by any means including words, letters,
figures, design, symbols, fixtures, colors, illumination or projected images.
Single Family Dwelling. a detached building containing one dwelling unit.
Small Scale.* a term which indicates that development regulations will limit the intensity size,
scale, number of uses and other factors of a particular development.
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Resource-Based Industry. a manufacturing, industrial, or commercial business which requires
a location near agricultural land, forest land, or mineral resource land or aquicultural area upon
which it is dependent or supports. Examples include sawmills, plant nurseries, feed stores.
Resource Conservation Master Plan (RCMP). Resource Conservation Master Plan areas
provide the opportunity for well planned development, consistent with rural character, within
Rural Lands. They may be developed through a Planned Unit Development (PUD) or a mixed
Use development. RCMPs would require a 20-acre minimum parcel size, clustering, open
space, and a portion of the site to remain in a resource use such as forestry, mineral extraction,
horticulture, agriculture, or aquaculture.
Right of Way. Land owned by a government or an easement for a certain purpose over the
land of another, used for a road,ditch, electrical transmission line, pipeline, or public facilities
such as,utility or transportation corridors.
Road Adequacy Standards. Standards by which government agencies can assess whether
adequate road facilities are being provided and regulated.
Runoff. Water from rain, snowmelt, or irrigation that flows over the ground surface and
returns to streams.
Rural Activity Center(RAC). Concentrated settlements within Rural.Lands that may include
a variety of residential, small scale commercial, resource-based"and rural light industrial,
recreation, and public uses. They may also include a compact, pedestrian-oriented core. They
may be served by community water systems and have community sewage treatment facilities
but have only rural governmental services. They reflect an existing development pattern, but
they are not intended to expand.
Rural Areas. Rural Areas in Mason County include those areas not designated as Urban
Areas, Resource Lands, RACs, RCCs, WRAs, or RCMPs. They currently provide for rural
residential, farming, forestry, recreation, and single-purpose commercial, retail, and industrial
uses. These uses are expected to continue and increase over the next 20 years. In rural Areas,
the rural landscape win remain dominant, and include a variety of protected natural features.
Rural Community Centers(RCC). Rural Community Center are intended to provide a focal
point and community identity for surrounding rural area,while they meet some of the immediate
needs of rural residents, resource dependent industry, and visitors. They may include one or
two civic, community, or retail'uses such as post office, community center, church, grange, gas
station, or small convenience store. Residential uses are not included in Rural Community
Centers. They may be served by community water systems and community sewage treatment
facilities but have only rural governmental services.
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that the basic intent,
of this chapter will be served, these uses will be subject to review and
recommendation by the Planning Commission and final determination by the Board regarding
the approval, denial or.approval with conditions for the issuance of an special use permit.
Urban Governmental Services. Include those governmental service historically and typically
delivered by cities, and include storm and sanitary sewer services, fire and police protection
services, public transit services and other public utilities associated with urban areas and
normally not associated with non urban areas. (RCW 36.70A.030)
Urban Growth Area. Those areas designated by a county pursuant to RCW 36.70A.110,
Urban Growth. Growth that makes intensive use of land for the location of buildings,
structures, and impermeable surfaces to such a degree as to be incompatible with the primary
use of such land for the production of food, other agricultural products, or fiber, or the
extraction of mineral resources. .When allowed to spread over wide areas, urban growth.,
typically requires urban governmental services. "Characterized by urban growth" refers to land
having urban growth located on it, or to land located in relationship to an area with urban
growth on it as to be appropriate for urban growth. (RCW 36.70A.030)
Urban Level'of Facilities and Services. Those services defined as "urban governmental
services"with levels of service as defined within Capital Facilities Element of the Mason County
Comprehensive Plan.
Utilities or Public Utilities. Enterprises or facilities serving the public by means of an
integrated systems of collection, transmission, distribution, and processing facilities through
more or less permanent,physical conditions between the plant of the serving entity and the
premises of the.customer. Included are systems for the delivery' of natural gas, electricity,
telecommunications services, and water for the disposal of sewage. (WAC 365-195-210).
Water Dependent Use. a use or portion of a use-which cannot exist in any other location and
is dependent on the water by reason of the intrinsic nature of its operations. Examples of some
water dependent uses include: boat ramps, swimming areas, aquaculture, marinas, water
intakes and outfalls, fish pens and fish screens.
Watershed. Region drained by or contributing water to a stream, lake or other body of water.
Wetland or Wetlands. Areas that are inundated or saturated by surface water or ground water
at a frequency and duration sufficient to support, and under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swaps, marshes, bogs and similar areas. Wetlands do not include those
artificial wetlands intentionally created from non-wetland sites, including, but not limited to,
irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds, and landscape amenities, or those wetlands created after,July
1, 1990, that were unintentionally created as a result of the construction of a road, street, or
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Solid Waste. All putrescible and nonputrescible solid and semisolid wastes, including, but not
limited to, garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes,
abandoned vehicles or parts thereof, and recyclable materials. (RCW 70.95.030)
Special Needs Housing. All housing that is designed for an individual or family who requires
supportive social services in order to live independently or semi-independently. These
households. require all types of housing including emergency, transitional and permanent
housing. Special needs groups include, but are not limited to the homeless; elderly; AIDS
victims; single parents; runaway and homeless youth; severely physically handicapped; mentally
and emotionally disturbed; chronically mentally ill, developmentally disabled; farm workers
(migrant labor households) and persons with substancdabuse problems. (Washington State
Department of Community Development, Assessing your Community's Needs, a Practical
Guide to Preparing Housing Assessments under the GMA and CHAS Requirements, June
1992:)
Special Use. a use permitted in a particular performance district upon showing that such use
in a specified location will comply with all the conditions and performance standards for the
location or operation of the use as specified by the Mason County Community Department of
Community Development.
State Environmental Policy Act (SEPA). a Washington state law requiring the systematic
assessment of the environmental impacts of any action that is expected to significantly affect
the environment.
Structure. Anything constructed in the ground, or anything erected which requires location
on the ground, or is attached to something having.location on,or in the ground, but not
including fences less than six feet in height, driveways, or other paved areas.
Subdivision. The division of a lot, tract, or parcel of land into two or more lots, plats, sites,
or other divisions of land for the purpose of sale, lease, or transfer of ownership, unless
specifically exempted in RCW Chapter 58.17.040.
Surface Waters. Streams, rivers, ponds, lakes or other waters designated as"waters of the
state by the Washington Department of Natural Resources (WAC 222-16-030).
Tertiary Treatment. The third step in purifying sewage that removes additional nutrient
levels.
Special use. a "special use" refers to a land use that are found to possess characteristics
relating to their size, numbers of people involved, the traffic generated, and their immediate
impact on the area which makes impractical their being identified exclusively with any particular
performance district as herein defined. In order to determine that the location of these uses will
not be unreasonably incompatible with uses permitted in the surrounding areas; and to permit
the planning commission to recommend stipulations and conditions as may reasonably assure .
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REFERENCES
The following works were consulted in the preparation of the Mason County Development
Regulations. It is recommended that applicants desiring to develop land in Mason County
refer to these materials to assist in their development plans.
1. Arendt, Randall; Designing Open Space Subdivisions: a Practical Step-by-Step
Approach. Media, PA, Natural Lands Trust, 1994.
2. Kendig, Lane; Performance Zoning. Chicago, IL, Planners Press, 1980.
3. Moskowitz, Harvey S. and Lindbloom, Carl G.; The New Illustrated Book of
Development Definitions. New Brunswick, NJ, Center for Urban Policy Research,
1993.
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highway. Wetlands may include those artificial wetlands intentionally created from non-wetland
areas created to mitigate conversion of wetlands. (RCW 36.70A.030)
Working Rural Area (WRA). Eligible area for the Working Rural Area designation include
forested areas not included in Forest Resource Lands, that are likely to remain in forestry or
other resource-based use during the next 15-20 years. Lands designated as Working Rural
Areas may convert out of that designation through a variety of development options including,
but not limited to, Planned Unit Developments, Mixed Use, Commercial Recreation, Master
Planned Resorts, Fully Contained Communities, and commercial and industrial uses.
Zoning. The process by which a county or municipality legally controls the use of property and
physical configuration of development upon tracts of land within its jurisdiction, The City of
Shelton is the only jurisdiction in Mason County that has a zoning ordinance.
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PAGE 5 7
Amendments to Title 16,
Mason County Codes
Subdivisions.
Plats and
for
Mason County
in
gton
Ordinance
Adopted by
Mason County
Board of County Commissioners
June 17, 1996
Prepared y
CommunityMason County Department of ee e
AMENDMENTS To TITLE 16,
MASON COUNTY
PLATS AND SUBDIVISIONS
The following amendments to Title 16 are intended to provide performance-based standards
for the review of residential subdivisions ` both urban and rural settings.
New Definitions:
.08. 15 Cluster Subdivision.
A form of development that permits a reduction in minimum lot area and bulk
requirements, provided that there is no increase in the number of lots
permitted under a conventional subdivision or increase in the overall density
of development, and in which the remaining land area is devoted to open
space, recreation, preservation of environmentally sensitive areas, or resource-
based activities.
16.08.15 Performance Subdivision.
A"Performance Subdivision" is a subdivision in which the applicant seeks to
gain additional residential density by designing the proposed development in
a manner which recognizes and preserves those land elements which are
deemed by this Chapter to be worthy of protection.
16.08.165 Primary Conservation Areas.
"Primary Conservation Areas" are wetlands, water bodies, floodway, slopes
of 25% or greater, and other lands identified as critical areas in the Mason
County Interim Resource Ordinance.
16.08.085 Secondary Conservation Areas.
."Secondary Conservation Areas" are upland,buffers around wetlands and
water,bodies, prime agricultural land, natural;meadows, slopes of 15% or
greater,ridge lines,areas abutting designated open space, flood plain and sites
of historic, cultural or archaeological significance.
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Chapter 16.22
Performance Subdivisions
16.22.010 Application of Regulations.
The following regulations shall apply to any applicant for subdivision approval
who is seeking an increase in the standard density allowed in the development
area in which the proposed development is located. While additional
information is required of the applicant for the review of a performance
subdivision, it is the intent of this Chapter that the procedural requirements for
performance subdivisions shall be no more difficult than those established for
traditional subdivisions. Performance subdivisions are not permitted within
Long-Term Commercial Forests, Mineral Resource Areas, or Working Rural
Areas.
16.22.020 Preliminary Sketch Required.
Any applicant submitting a proposal for a Performance Subdivision shall
submit a preliminary sketch for review. In addition to the information
required in Section 16.12.010, the preliminary sketch shall show Primary
Conservation Areas, Secondary Conservation Areas, and proposed
development areas. A public hearing shall not be required at this time.
However;abutters to the property and members of the general public shall be
encouraged to attend the Planning Commission review of the sketch plan.
Public comment at this stage is intended to minimize the need for significant
plan changes during review of subsequent submittals.
16.22.030 Performance Criteria.
Land proposed for development under this Chapter shall receive the
residential density bonuses allowed, provided that they meet the design and
performance criteria set forth herein.
16.22.032 Primary Conservation Areas.
.Primary Conservation Areas shall be clearly identified, and shall be set aside
as permanent open space. Primary Conservation areas shall be included in the
calculation of both standard and maximum density allowed, but they shall not
be used in calculating the percentage of permanent open space required..
16.22.034 Secondary Conservation Areas.
Secondary Conservation Areas shall be identified and shall, to the greatest
ADOPTED BY MASON COUNTY
BOARD of COUNTY coh&ussIONm 6/17/96
Ncm 2
extent possible, be avoided as development areas. The minimum threshold for
q iialification as a Performance subdivision is that at least fifty(50%) percent
of the buildable area of the property be set aside as permanent open space.
Buildable area excludes Primary Conservation Areas, but includes Secondary
Conservation areas. At least twenty-five (25%) of the minimum required
open space shall be suitable for active recreation purposes, but no more than
fifty (50%) percent shall be utilized for that purpose, in order to preserve a
reasonable proportion of natural areas on the site. Upon reaching this
threshold, the applicant shall be entitled to a density bonus equal to fifty
(50%)percent of the difference between the Standard Residential Density and
the Maximum Residential Density allowed within the particular Development
Area.
16.22.036 Additional Open Space Criteria.
The design of an open space area should encourage the following:
A. Interconnection with designated open space on abutting properties;
B. The preservation of important site features, such as rare or unusual
stands of trees, unique geological features, or important wildlife
habitat;
C. Direct access from as many lots as s possible within the development;
and
D. Minimizing the fragmentation of the open space areas. To the
greatest extent possible, the designated open space should be located
in large, undivided areas.
E. A curvilinear roadway design which minimizes the visual impact of
houses as may be seen from the exterior of the site.
Compliance with the provisions set forth in this Section shall entitle the
applicant to a residential density bonus equal to;twenty-five(25%) percent of
the difference between the Standard Residential,Density and the Maximum
Residential Density allowed within the particular Development Area.
16.22.037 Site Design Considerations.
The siting of house lots. should avoid the following:
A. Interruption of scenic views and vistas;
ADOPTED BY MASON COUNTY
BOARD OF COUNTY cOK&USSIONERS 6/17/96
PAGF, 3
B. Construction on hill tops or ridge lines;
C. Direct access or frontage on existing public ways;
D. A"linear"configuration of open space(except when following a linear
site feature, such as a river, creek or stream); and
Compliance with the provisions set, forth in this Section shall entitle the
applicant to a residential density bonus equal to twenty-five(25%);;percent of
the difference between the.Standard Residential Density and the Maximum
Residential Density allowed within the particular Development Area.
16.22.039 Mixed Uses.
In Urban Growth Areas, Rural Activity Centers and Rural Community
Centers, applicants are encouraged to provide a mix of land uses in addition
to residential uses on the site, such as small-scale retail uses. Compliance with
the provisions set forth in this Section shall entitle the applicant to a residential
density bonus equal to twenty-five(25%) percent of the difference between
the Standard Residential Density and the Maximum Residential Density
allowed within the particular Development Area. However, in n.o case shall
the total of residential density bonuses allowed exceed the allowed Maximum
Residential Density within the Development Area..
1G.22.040 . Ownership, Maintenance and Use of Open Space.
The applicant shall provide a mechanism to assure that any required open
.space is permanently protected and maintained.
16.22.042 Ownership.
A. The open space may be conveyed by fee simple instrument to an
owner's association, to the County(subject to County approval), or
to an entity(for example, a land trust) acceptable to the County who
has demonstrated capacity to provide fot the long-term protection and
maintenance of the property.
B. The open space may be kept by the applicant, and used for any of the
purposes set forth in Section 16.12.046.
16.22.044 Maintenance.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY cowassiONERs 6/17/96
PAGE 4
Any conveyance of the required open space shall include an endowment of
funds equal to at least twenty (20) times the annual estimated maintenance
cost, in order to assure that the propertywill be maintained. The requirement
for an endowment may be waived upon conveyance to an owner's association,
provided that the bylaws of said association shall require regular payments
from members to defray maintenance costs. The bylaws shall also include
provisions for the recovery of funds in the event of default.
16.22.046 Use.
A. The primary uses of open space set aside pursuant to this section are
active and passive recreation, protection and preservation of critical
areas, and preservation of other natural elements of importance to the
community, and to the residents of the development. Other uses
permitted within open space areas are forestry and agriculture,
provided that these uses do not occur within any required buffer yard.
B. Open space set aside pursuant to this Chapter may be designated by
the applicant as "future development area." Such designated area
shall be kept and maintained as open space, until such time as the land
may be designated for development at urban densities. At any time
after such change in land use designation occurs, the "future
development area" land may be developed in accordance with the
regulations in effect at that time. Such development shall require a
new, separate application. Primary Resource Areas and buffer yards
shall not be designated as "future development areas."
ADOPTED BY MASON COUNTY
BOARD OF COUNTY OmMSSIONFRS 6/17/96
PAGE 5
16.22.050 Procedures for Approval.
Preliminary approval for any performance subdivision shall follow the
procedures set forth in Chapter 16.16, except that the submittal of a
preliminary sketch plan is required.
16.22.060 Transfer of Density.
Upon analysis of all of the opportunities and constraints identified on a
specific parcel of land, if it is determined that the use of the provisions set
forth in this Chapter will not result in the use of the maximum density allowed,
then the applicant shall have the right to transfer any unused development
density to any parcel of land located in an Urban Growth Area. By use of this
transfer right, maximum density allowed in the Urban Growth Area may be
exceeded by up to fifty(50%) percent.
ADOPTED BY MASON COUNTY
BOARD OF COUNTY conmssiomRs 6/17/96
PAGE 6
Chapter 16.23
Cluster Subdivisions
16.23.010 Application of Regulations.
The following regulations shall apply to any applicant for subdivision
approval, where the property proposed for subdivision is located within areas
designated in the Mason County Development Regulations as Long-Term
Commercial Forests, Mineral Resource Lands, and Working Rural Areas.
16.12 3.020 Preliminary Sketch Required.
Any applicant submitting a proposal for a Cluster Subdivision shall submit a
preliminary sketch for review. In addition to the information required in
Section. 16.12.010, the preliminary sketch shall show Primary Conservation
Areas, Secondary Conservation Areas, and proposed development areas. A
public hearing shall not be required at this time. However, abutters to the
property and members of the general public shall be.encouraged to attend the
Planning Commission review of the sketch plan. Public comment at this stage
is intended to minimize the need for significant plan changes during review of
subsequent submittals.
16.23.030 Maximum Lot Sizes Established.
No lot for which the construction of a residential dwelling is proposed under
this Chapter shall exceed two acres in gross land area.
16.23.040 Design Criteria.
Land proposed for development under this Chapter shall meet the design
criteria set forth herein.
16.23.042 Primary Conservation Areas.
Primary Conservation Areas shall be clearly ideatified, and shall.be set aside
as permanent open space. Primary Conservation areas shall be included in the
calculation of both standard and maximum density allowed, but they shall not
be used in calculating the percentage of permanent open space required.
16.23.044 Secondary Conservation Areas.
Secondary Conservation Areas shall be identified and shall, to the greatest
extent possible, be avoided as development areas.
ADopm By MASON COUNTY
BOARD OF COUNTY comNassioNERs 6/17/96
PAGF, 7
16.23.046 Additional Open Space Criteria.
The design of an open space area should encourage the following:
A. Interconnection with designated open space on abutting properties;
B. The preservation of important site features, such as rare or unusual
stands of trees, unique geological features, or important wildlife
habitat;
C. Direct access from as many lots as possible within the development;
and
D. Minimizing the fragmentation of the open space areas. To the
greatest extent possible, the designated open space should be located
in large, undivided areas.
E. A curvilinear roadway design which minimizes the visual impact of
houses as may be seen from the exterior of the site.
16.23.048 Additional Site Design Considerations.
The siting of house lots should avoid the following:
A. Interruption of scenic views and vistas;
B. Construction on hill tops or ridge lines;
C. Direct access or frontage on existing public ways;
D. A"linear"configuration of open space(except when following a linear
site feature, such as a river, creek or stream); and
16.23.050 Ownership, Maintenance and Use of Open'Space.
The applicant shall provide a mechanism to assure that any required open
space is permanently protected and maintained, in conformance with the
provisions set forth in Section 16.22.040.
16.23.060 Procedures for Approval.
Preliminary approval for any performance subdivision shall follow the
ADOPTED BY MASON COUNTY
BOARD OF COUNTY coi^uSSIONERS 6/17/96
PAGE 8
procedures set forth in Chapter 16.16, except that the submittal of a
preliminary sketch plan is required.
16.23.070 Transfer of Density.
Upon analysis of all of the opportunities and constraints identified on a
specific parcel of land, if it is determined that the use of the provisions set
forth in this Chapter will not result in the use of the maximum density allowed,
then the applicant shall have.the right to transfer any unused development
density to any parcel of land located in an Urban Growth Area. By use of this
transfer right, maximum density allowed in the Urban Growth Area may be
exceeded by up to fifty(50%) percent.
ADOPTED BY ON COUNTY
BOARD OF COUNTY cohaaSSIONERS 6/17/96
PAGE 9
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