HomeMy WebLinkAbout2023-045 - Ord. Amending Mason County Code Title 16 and Title 17 ORDINANCE NUMBER 2I�1�2_0°rcJ
AMENDMENTS TO MASON COUNTY CODE TITLE 16 &t TITLE 17
ORDINANCE amending Mason County Code (MCC) Title 16 — Plats & Subdivisions and Title 17
—Zoning Code related to county road standards and other minor amendments.
WHEREAS, under the authority of the Washington State Growth Management Act (GMA)
(RCW 36.70A) Mason County is taking legislative action to revise its development regulations;
and
WHEREAS, the Mason County Public Works department is updating the County's Road
Standards effecting amendments to Titles 16 and 17; and
WHEREAS, additional minor amendments were also needed in Titles 16 and 17; and
WHEREAS, on June 26, 2023 the Mason County Planning Advisory Commission held a public
hearing to consider the amendments and passed a motion to recommend approval of said
amendments; and
WHEREAS, the Board of County Commissioners considered the proposed amendments at a
duly advertised public hearing on August 15, 2023; and
WHEREAS,the Board of County Commissioners took public testimony from interested parties,
considered all the written and oral arguments, testimony and comments presented; and
WHEREAS, the Board of County Commissioners also considered the Staff Report and
recommendations of the Mason County Planning Advisory Commission; and
WHEREAS, the Board of County Commissioners finds that the proposed amendments to Title
16 and 17 complies with all applicable requirements of the Growth Management Act, the
Comprehensive Plan, and the MCC, and that it is in the best public interest; and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the MCC Title 16 and 17 as described in Attachment A and B.
DATED this \Co-� day of IjjA — 2023.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST:
Sharon Trask, Chair
McKenzie Smith, Cler of the Board 9p
1
APPROVED AS TO FORM: Kevin Shutty, tommissioner
Tim White ea , Chief DPA R ndy Neatherlin, Commissioner
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Attachment A
Chapter 16.28 DESIGN STANDARDS
Sections:
16.28.080 Streets—Specific requirements.
Applicants shall be required to comply with Chapter 16.48.
(Res.dated 7/1/74(part): Res.dated 12/20/71(part): Res. 32§7.08, 1969).
Chapter 16.38 LARGE LOT SUBDIVISIONS
Sections:
16.38.022 Reserved.
16.38.031 Reserved.
Chapter 16.48 Mason County Road Standards
Sections:
16.48.010 Mason County Road Standards.
The Mason County Road Standards,to be known as the"road standards",are set forth in Section
12.04.030 Mason County Code and shall apply to Title 16 and Title 17 Mason County Code. If any conflict arises
between Title 16 and Title 17 of Mason County Code and Section 12.04.030 Mason County Code,Section 12.04.030
shall control.
16.48.020 Specific requirements.
(a) The alignment of all major streets shall conform as nearly as possible with that shown on the comprehensive
plan.All streets shall conform to the policies in the comprehensive plan or other development plans and land
control ordinances as may be adopted by the board.
Mason County,Washington,Code of Ordinances Created: 2023-04-05 09:20:18 [EST]
(Supp.No.62-2-23)
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Title 17-ZONING
Chapter 17.35 NEIGHBORHOOD DESIGN IN THE BELFAIR UGA
(b) The layout of streets shall provide for the continuation of principal streets existing in adjoining subdivisions.
When adjoining property is not subdivided, principal streets in the proposed plat shall provide access to such
unplatted property when necessary.
(c) When a subdivision road intersects a county road or a state highway,an approved road-access permit issued
by the department of public works or the Washington State Department of Transportation shall be required.
(d) Evidence of a recorded maintenance agreement shall be provided for private roads.This agreement shall run
with the land and shall describe levels of maintenance, management powers and enforcement provisions.
The enforcement provisions shall provide adequate means to assure that the intent of the agreement is
complied with by the road maintenance administrators and the property owners.
16.48.030—Private Roads
(a)All private roads shall conform to the current road standards as adopted by the board.
(b) All private roads constructed for any reason prior to the initiation of the platting procedures shall be subject
to all the requirements herein when application is sought.
(c) Roads will not be maintained by the county unless such roads have been improved to current county road
standards and have been accepted into the county road system.
Chapter 17.35 NEIGHBORHOOD DESIGN IN THE BELFAIR UGA
17.35.020 Standards.
The following standards apply to all residential subdivisions and development unless otherwise noted:
(1) Reserved.
(2) Single family and driveway design.The following standards apply to new developments with more than
four lots;
(A) Design driveways with minimum amounts of impervious surface and minimum presence on the
street to retain green-space and reduce surface water runoff. Driveways must meet the following
standards:
(i) Driveways and vehicle circulation pavements shall be the minimum size, necessary to
accommodate vehicle storage and circulation.The county may require that pavement
dimensions be modified to reduce impervious surface.Applicants are encouraged to use
pervious materials,where feasible,such as split pavements with lawns or unit pavers in the
center of the driveway,
(B) Design homes that minimize the impact of garages on the street and enhance the sense of
neighborhood.Specifically:
(i) All homes should include a porch or covered entry facing the street,
Mason County,Washington,Code of Ordinances Created: 2023-04-05 09:20:32 [EST]
(Supp. No.62-2-23)
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(ii) Garages visible from the street shall be setback at least five feet further than the front wall
of the house facing the street;
(3) Street Network.The following standards apply to new developments with more than four lots:
(A) The street pattern for new residential development shall emphasize a connected network of
streets rather than long irregular loops with dead-ends and cul-de-sacs.Such a network will
provide better traffic flows, orientation, and shorter trips through the neighborhood.
Intersections should occur at no more than four hundred foot intervals;
(B) The street pattern should be adjusted for existing topography and other natural features,while
maintaining interconnections and function;
(C) Streets should interconnect neighborhoods;
(D) Allow for future connections where topography permits a street to be extended in the future;
(E) Consider alleys in the design of a street system—which have proven useful in reducing on-street
parking pressure and pedestrian/driveway conflicts.Alleys are also the most appropriate location
for utilities and other service facilities.Alleys also enhance the appearance of the street since
garages will be located at the rear of homes;
(4) Street Design.The following standards are consistent with the American Association of State Highway
Transportation Officials(AASHTO)Green Book and apply to all public streets in residential areas with
traffic volumes less than four thousand average daily traffic and speeds less than thirty mph:
(A) Residential streets shall be designed per the road standards;
(B) The county may approve an alternative street design where the applicant can demonstrate that
such alternative design achieves the following:
(i) Enhances safety for pedestrians and vehicles,
(ii) Provides durable construction but reduces environmental impacts(i.e., less impervious
surface),
(iii) Street design is appropriate for site given existing topography and vegetation,
(iv) Street design is consistent with the purpose of this section and is sufficient to
accommodate the projected traffic;
(5) Sidewalks and Trails.The following standards apply to all new residential development with more than
four lots unless otherwise noted:
(A) New development should be integrated with, and expand Belfair's system of community-wide
trails(see Figure 6);
(B) Sidewalks or pathways should be provided along public streets per the road standards;
Created: 2023-04-05 09:20:32 [EST]
(Supp.No.62-2-23)
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Attachment B
16.38.015 Procedure—Application content.
Applications for approval of large lot subdivisions shall contain:
(1) Five copies of the large lot plat showing the entire contiguous tract owned or being purchased by the
applicant which shall show:
(A) Names of any adjacent subdivision;
(B) Lines marking the boundaries and dimensions of proposed lots;
(C) Location of road right-of-way within or adjacent to the tract,and easements within the tract
which are to be used for ingress and egress for road and utility purposes;
(D) Contour lines of sufficient interval to show the topography of the entire tract may be required by
the administrator,on a case-by-case basis, based on environmental and/or geologic conditions.
Such contour lines shall include lines that extend at least one hundred feet beyond the tract
boundaries;
(E) All private roads and/or easements shall be designated private and printed on the face of the
plat;
(F) Date,scale and North arrow;
(G) Vicinity map;
(2) Legal description of the original tract held under single or unified ownership or which the owner holds
controlling interest;
(3) The name and address of the owner or owners of the said tract(s);
(4) Survey by a registered land surveyor of the lots within the large lot subdivision.Survey can be
submitted after administrators approval and prior to recording;
(5) Title report;
(6) Boundary closures for all lots;
(7) Names and addresses of all landowners within three hundred feet of the proposed large lot division
boundaries(unless SEPA exempt).
16.40.041 Decision criteria.
The review authority shall approve an application for a boundary line adjustment provided the following
criteria are met:
(1) The lots or parcels resulting after the boundary line adjustment shall meet all dimensional
requirements specified for the applicable zone as set forth in the approved Title 17 and, if applicable,
Chapter 8.52.
(A) Boundary line adjustments in residentially zone property must meet the requirements of
minimum and maximum lot sizes,as set forth in the approved Title 17, unless already legally non-
conforming.
(2) No lot, use,or structure is made nonconforming or more nonconforming than that which existed at the
time of application, and subject to the provisions of the approved Title 17 and, if applicable,Chapter
8.52.
Mason County,Washington,Code of Ordinances Created: 2023-05-24 11:42:57 [EST]
(Supp.No.63,5-23,Update 1)
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Attachment B
(3) Will not diminish or impair existing or future drainage,water supply,sanitary sewage disposal
(including on-site sewage disposal)or legal access.
(4) All boundary line adjustments shall not result in any of the following:
(A) Shall not result in the creation of any additional lot,tract, parcel,site,or division.
(B) Shall not be reconfigured or adjusted in a way in which would render access for vehicles, utilities,
fire protection,or existing easements impractical to serve their purpose.
(5) A boundary line adjustment which includes out lots may be approved, provided that such tracts are
intended for and restricted by covenant to a specified accessory use,such as for stormwater
management,common area playground,or open space.
17.03.021 Cottage industries.
Unless listed in Figure 17.03.021, any use is permitted,subject to department review, in any development
area as a home-based occupation,or as a cottage industry.The activity shall be required to obtain a special use
permit unless it complies with the following standards:
(1) On-site parking shall be accommodated for up to ten vehicles for residents,customers and employees;
any provision for additional parking shall require a special use permit;
(2) The outdoor storage of merchandise or materials is allowed if they are not visible to the public from off
the site;
(3) A cottage industry shall involve the owner or lessee of the property who shall reside within the
dwelling unit,and shall not employ on the premises more than five nonresidents.A temporary increase
in the number of employees is permitted to accommodate a business that is seasonal in nature.
However, not more than five additional persons shall be employed on a temporary basis(up to six
weeks)without a special use permit;
(4) More than one business may be allowed, in or on the same premises provided that all of the criteria
are met for all business combined;
(5) There shall be no alterations to the outside appearance of the buildings or premises that are not
consistent with the residential use of the property,or other visible evidence of the conduct of such
cottage industry,other than one sign no larger than twelve square feet;
(6) No equipment or process shall be used in such home occupations which creates noise,vibration,glare,
fumes,odors,or electrical interference detectable to the normal senses off the property;
(7) The cottage industry shall not create an increase of five percent or more in local traffic.
MASON COUNTY
USES PROHIBITED AS COTTAGE INDUSTRIES
FIGURE 17.03.021
Prohibited Cottage Industry Use
Airport
Assisted living facility
Automobile service station
Automobile wash
Automobile,sales
Mason County,Washington,Code of Ordinances Created: 2023-05-24 11:42:57 (EST]
(Supp.No.63,5-23,Update 1)
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Attachment B
Banks
Billiard hall and pool hall
Boatyards
Bowling alley
Buy-back recycling center
Campgrounds
Cemeteries
Child day care,commercial
Non-profit club or lodge, private
Department stores
Drug stores
Dry cleaners
Fire stations
Food markets and grocery stores
Freight terminal,truck
Gravel extraction
Hardware stores
Health club
Heavy industry
Hotel
Libraries
Liquor stores
Lumber yards
Marina
Mining
Mobile home sales
Mortuaries
Motel
Motor vehicle impound yards
Paint shop
Plumbing supply yards
Post office, distribution center or terminal
Public utility service yard
Rail-dependent uses
Recreational vehicle park
Recreational vehicle repair
Recreational storage(vehicles, boats,etc.)
Restaurant
Restaurants, drive-through
Rifle range
Self-service storage facility
Taverns
Theaters,enclosed
Trailer-mix concrete plant(resource-dependent use)
Wrecking/junk yards
Mason County,Washington,Code of Ordinances Created: 2023-05-24 11:42:57 [EST]
(Supp.No.63,5-23,Update 1)
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Attachment B
Article H. Rural Commercial 2 (RC 2)
17.04.332 Uses permitted.
(a) Uses.Convenience/general store, retail, restaurant,vehicle and equipment repair and maintenance
(automotive,truck,farm implement, and small engines),small office, laundry, professional services, public
meeting space, nursery, post office/fire station, church, local community and recreation centers,
commercial/government operated day care,single-family residential.
(b) Uses Permitted with Special Use Permit. Gas,self-storage(section 17.04.334 does not apply).
17.04.334 Building regulations.
(a) Size. Maximum of four thousand five hundred square feet for single tenant and seven thousand five hundred
square feet for multiple tenants; no maximum for dwellings. Does not apply to self-storage
(b) Height. Not to exceed thirty-five feet maximum except for agricultural buildings,cell towers, antennas,water
tanks,or necessary structural elements for an otherwise complaint permitted land use.
Article Ill. Rural Commercial 3 (RC 3)
17.04.342 Uses permitted.
(a) Uses. Convenience/general store, retail, restaurant,small office, laundry, professional services, personal
services, public meeting space, nursery, public facilities-post office/fire station/fish hatchery/library/ranger
station,church, local community and recreation centers, lodging facilities, including motels, RV parks,
campgrounds and bed and breakfast, marina-sales,service and storage,auto service and repair,
medical/dental clinic,animal clinic,winery,commercial/government operated day care,and single-family
residential and single-family accessory use.
(b) Uses Permitted with Special Use Permit. Gas,self-storage, recreational storage.
(c) Other Uses. Uses not explicitly enumerated in this section,but closely similar thereto, are determined by the
administrator.
17.17.006 Marijuana producer licensees.
Marijuana grow operations, known as producers, are measured by their plant canopy.This is the square
footage dedicated to live plant production,such as maintaining mother plants, propagating plants from seed to
plant tissue,clones,vegetative or flowering area. Plant canopy does not include areas such as space used for the
storage of fertilizers, pesticides,or other products,quarantine, office space,etc. Production operations are
categorized by the state in the amount of actual square footage in their premises that will be designated as plant
canopy.There are three categories as follows:
Tier 1-Less than two thousand square feet;
Tier 2-Two thousand square feet to ten thousand square feet;and
Mason County,Washington,Code of Ordinances Created: 2023-05-24 11:42:57 [EST]
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Tier 3-Ten thousand square feet to thirty thousand square feet.
Marijuana production must take place within a fully enclosed secure indoor facility or greenhouse with rigid
walls, a roof, and doors. Outdoor production may take place in non-rigid greenhouses, other structures,or an
expanse of open or cleared ground fully enclosed by a physical barrier.To obscure public view of the premises,
outdoor production must be enclosed by a sight obscure wall or fence at least eight feet high. Outdoor producers
must meet security requirements described in WAC 314-55-083.
Licensed INDOOR and OUTDOOR marijuana producers are permitted within the following nonresidential
zoning districts,subject to the restrictions of all currently adopted codes and ordinances.
(a) Rural commercial 2(RC 2) (chapter 17.04,div. II, art. 2);
(b) Rural commercial 3 (RC 3)(chapter 17.04,div. 11, art.3);
(c) Rural commercial 4(RC 4) (chapter 17.04,div. II,Art.4);
(d) Rural commercial 5(RC 5) (chapter 17.04,div. 11, art.5);
(e) Rural industrial (RI)(chapter 17.04, div. III)
(f) Rural natural resource(RNR)(chapter 17.04,div. IV);
(g) Low intensity mixed use(MU)-Shelton UGA(chapter 17.07,art. 2);
(h) General commercial (GC)-Shelton UGA(chapter 17.07, art.3);
(i) Commercial-industrial (CI)-Shelton UGA(chapter 17.07, art.4);
(j) Airport industrial(AI);subject to all codes,covenants, and restrictions of the Port of Shelton-Shelton
UGA(chapter 17.07,art.5);
(k) Industrial (1)-Shelton UGA(chapter 17.07, art.6);
(1) Highway commercial district(HQ-Allyn UGA(chapter 17.12,art.3);
(m) Business park(BP)-Allyn UGA(chapter 17.12, art.4);
(n) Mixed use(MU)-Belfair UGA(section 17.23.120);
(o) General commercial(GC)-Belfair UGA(chapter 17.24);
(p) Business industrial (BI))-Belfair UGA(chapter 17.24).
Licensed INDOOR producers are permitted within the rural residential districts subject to following
restrictions.
Tier Level I Minimum five acres
Tier Level 11 Minimum ten acres
Tier Level III Minimum ten acres
Licensed indoor producers in rural residential 2.5 and 5 must obtain a special use permit and be on five acres
or larger.Outdoor production is prohibited in all rural residential districts. Licensed indoor producers are
permitted within the rural residential 10 and 20 districts on parcels five acres or larger;and all structures are
required to meet the building regulations for size,and height of non-agricultural and accessory buildings for each
respective zoning district.
Created: 2023-05-24 11:42:54 [EST]
(Supp.No.63,5-23,Update 1)
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