HomeMy WebLinkAboutSign - BLD Letters / Memos - 6/15/2014 MASON COUNTY (360)427-9670 Shelton ext.352
DEPARTMENT OF COMMUNITY DEVELOPMENT (360)275-4467 Belfair ext. 352
BUILDING•PLANNING•FIRE MARSHAL (360)482-5269 Elma ext. 352
r - Mason County Bldg. III, 426 West Cedar Street
PO Box 279, Shelton, WA 98584 www.co.mason.wa.us
July ls, 2014
TO BE KEPT IN THE
PARCEL FILE
Rocky Bay Shellfish
ATTN: Anthony Softich
5730 St. Rte. 302
Belfair, WA 48528
RE: Enforcement Case File ENF2014-00038,Parcel# 12233-50-00008
Dear Mr. Softich:
Mason County has received a complaint pertaining to the erection of signs within road right of
ways and the operation of a commercial aquaculture business in Rural Residential zoning.
SIGNS
The following Mason County sign regulations prohibit off premise signs, unless permission has
been granted from the property owners:
17.03.202 Prohibited signs.
The following signs or displays are prohibited in all rural areas of the county
and the Shelton UGA:
A. Roof signs;
B. Banners or signs over and/or across county roads;
C. Signs located in county right-of-w-ay,unless othem ise approved with a road-ruse permit
from the Public Works Department.Except for temporary signs in accordance with the
following restrictions:
1) Signs shall not be posted in a manner or location,which may cause visual
obstruction or visual safety hazard for traffic especially in and arozmd
intersections, driveways and other access points.
2) Signs may not be placed in a location typically used by motor vehicles in a Iatk.0
manneer(road shoulders).
3) Suns may not be placed in a location;which may impede pedestrian,bicycle,or
handicapped travel or access.
4) Signs tnay not be placed v.ithin drainage areas and other areas maintained by the
County Public Works Department.
5) Signs may not exceed four(4)square feet in size.
D. Signs shall not be posted on trees including in county right-of-way.
E. Animated or flashing signs,provided that changing message center signs may be
allowed when the image and/or message remains fixed for at least 5 seconds and that
the only animation or appearance of movement allowed is the transition from one
message anchor image to another by the scrolling on and-or off of the message and/or
iTnage;
Page 1 of 3
L
F. Signs which,by reason of their size,location,movement,content,coloring or manner
of illumination may be confused with or construed as a traffic control sign,signal or
device,or the light of an emergency or radio equipment vehicle,or which obstruct the
visibility of traffic or street sign or signal device from the traffic intended to be served
by the sign,signal or device;
G. Advertising Vehicles. Signs that are attached to or placed on or in a vehicle or trailer
parked on public or private property such that the primary use or intent becomes
advertising.This provision is not to be construed as prohibiting the identification of a
firm or its principal products on a vehicle operating during normal course of business;
H. Signs attached to utility poles or any other publicly owned structure;
I. Off-premises signs except for temporary signs as allowed in Section
17.05.025.An off-premises sign shall not include a sign located on
private property, other than the property where the business (business,
commodity, service or entertainment conducted, sold or offered) is
located provided that:
1) the sign is placed with the property owner's consent;
2) the business does not have frontage on a collector road; and
3) the sign is placed for visibility from the collector road nearest to the
business.
J. Any county official may confiscate sic-ps wrongfully placed in the right-of-way or off
premise signs located in trees.
Therefore, a sign may not be located on a parcel that is not owned by you,unless you can show it
is located on a legal easement that explicitly allows for commercial signage, or that you
otherwise have the property owner's consent. (The temporary sign allowance in MCC 17.05.025
only applies to temporary events.)
ZONING
Another issue of concern pertains to operating a commercial business in Rural Residential
zoning. Although aquaculture is an allowed use in Rural Residential 5 zoning, the outright
allowed use does not include retail sales. Therefore the retail sales could be considered as a
`cottage industry,' which would require a Special Use Permit(with a public hearing).
SHORELINE MASTER PROGRAM
Since the use is also within the shoreline jurisdiction,Mason County's Shoreline Master Program
applies. The SMP allows for aquaculture in any shoreline environment,provided it falls within
the definition of aquaculture below. Since,your operation involves retail sales, it shall be
reviewed as a Shoreline Cottage Industry,requiring a Shoreline Conditional Use Permit(with a
public hearing).
Aquaculture. Aquaculture involves the culture and farming of food fish, shellfish and other
aquatic animals and plants in lakes, streams,inlets,bays and estuaries. Methods of aquaculture
include but are not limited to fish pens, shellfish rafts,racks and longlines, seaweed floats and the
culture of clams and oysters on tidelands and subtidal areas. Excluded from this definition are
related commercial or industrial uses such as wholesale and retail sales, or final processing and
freezing.
Page 2 of 3
In addition,prior to commencing an aquaculture operation,you must submit a Joint Aquatic
Resources Permit Application, a fee of$255, and detailed site plans to the County. If you
haven't already done so,the JARPA should also be submitted to the Washington Department of
Fish and Wildlife and the United State Army Corps of Engineers. If the County determines that
any portion of your aquaculture operation falls within the definition of`development,' a
Shoreline Exemption or Shoreline Substantial Development Permit will be required..
BUT.DING PERMIT ISSUED FOR RESIDENCE
Lastly,the final occupancy inspection of the building permit for the dwelling(BLD2005-
01207)has not been approved. In December 2006, a final inspection was performed and
temporary occupancy was granted,but the final occupancy inspection has not been performed.
The building permit has been canceled due to inactivity. To avoid enforcement actions please
arrange for a final inspection of the dwelling by calling the Permit Center at(360) 427-9670
extension 355. A fee of$73 will be required for each inspection needed to successfully pass the
final inspection.
To begin the process of resolving enforcement case ENF2014-00038, the following shall be
completed by August 6th b,2014:
A) End on site sales and other commercial activity(including signs) occurring on your
parcel, remove the language on your website pertaining to sales to retailers and
individuals,remove off premise signs, submit a Joint Aquatic Resources Permit
Application(with $255 fee and detailed site plans)to the County, and arrange for an
inspection for BLD2005-01207.
or
B) Submit application and fees for a Shoreline Substantial Development/Conditional Use
Permit(DARPA) and a Development Regulations Special Use Permit($880 plus $1,135
for applications and$2,005 for a public hearing), submit documentation showing that you
have received permission from the applicable property owners for each off premise sign,
and arrange for an inspection for BLD2005-01207.
Thank you for your attention to this matter.
Sincerely,
Rebecca Hersha, Planner
Mason County DCD
Page 3 of 3
file:///C:/Users/rebeccah/AppData/Local/Temp/XPgrpwise/53 D8B8A5Masonmai110016D713 71 AE85...
Rebecca Hersha - more info on commercial use
From: Rebecca Hersha
To: rockybayshellfish@gmail.com
Date: 7/30/2014 9:19 AM
Subject: more info on commercial use
Attachments: AGO 2007 No.doc; corps_2012_final_nwp_48_spn.pdf; Marnin shb 07-021 modified
final.pdf; Bulkhead Chapter.docx
Hello Tony,
Thank you for meeting with me last week to discuss the enforcement letter recently mailed to you.
I had promised to provide the following information via email:
Rural Commercial 1 Zoning
This zoning of the parcel for sale to the north of yours is zoned RC1, which allows
"Convenience/general store, gas, restaurant, bed and breakfast, laundry" with a Special Use Permit. I
checked with the Director of DCD and, unfortunately, she stated that a seafood shack or tent is not a
convenience or general store.
Out of Truck Sales Off-site
Selling seafood from a truck would need to occur on property that is zoned for such sales. Rural
Commercial 2, 3, 4, and 5; Rural Natural Resource, and possibly Rural Tourist appear to allow for
general retail sales, but I don't see any nearby parcels with any of those zoning designations. This
links you to a map showing the area zoning:
http://www.co.mason.wa.us/gis/maps/Development Areas Panel 6.pdf.
The Urban Growth Area of Allyn also has zoning that would allows sales of seafood. This links you to a
map of Allyn UGA: http://www.co.mason.wa.us/gis/maps/Allyn UGA Zoning.pdf. And this links you
to the Allyn UGA zoning descriptions:
http://www.co.mason.wa.us/code/Community Dev/Allyn Zoning Code.pdf.
The Environmental Health Department (360-427-9670 ext. 361) may have certain requirements,
therefore you should call them before selling from your truck.
Case Law
Please see the attached Attorneys' General Opinion and the attached Marnin Shoreline Hearings
board case.
Noise
MCC 9.36 contains noise regulations including a 55 dBA maximum in residential areas. However, the
following are exempt from the noise regulations:
7/30/2014 Page 1 of 8
file:///C:/Users/rebeccah/AppData/Local/Temp/XPgrpwise/53D8B8A5Masomnai110016D71371 AE85...
. Sounds originating from temporary construction sites as a result of construction activity,
. Sounds originating from aquaculture,
. Sounds created by warning devices not operating continuously for more than five minutes, or
bells, chimes, and carillons.
However, this is not to say that a Special Use Permit can't contain a permit condition that deviates
from these regulations. The Marnin case attached also talks about noise, but it is regarding
aquaculture noise, not the retail sales aspects.
Shoreline Master Program Draft Revisions to Bulkhead and to Aquaculture Chapters
The bulkhead chapter ('shoreline stabilization') hasn't been reviewed by the PAC yet. The draft from
January 2013 is attached.Below is the revised draft language for Aquaculture Chapter in the County's
Shoreline Master Program. You may provide comments during, or prior to, the Planning Advisory
Commission's public hearings on the draft (around January).
B. Aquaculture
1. General aquaculture regulations
a. Shoreline developments adjacent to areas suitable for aquaculture shall practice
strict pollution control procedures. As required by MCC 17.01.110.G, design and
siting of all new construction and major new development shall not adversely impact
water quality.
b. Proposed residential subdivisions and other land uses and developments which may
impact aquaculture operations shall provide facilities to prevent any adverse water
quality impacts to such operations. As required by MCC 17.01.110.G, all projects
should meet or exceed any storm water design requirements to avoid any risk of
decertification of shellfish beds.
C. Site preparation and construction in the vicinity of aquaculture operations shall not
result in off-site erosion, siltation, or other reductions in water quality. Land uses on
erosion hazard areas shall meet the requirements of MCC 17.01.104.
d. Ongoing maintenance, harvest, replanting, restocking or changing the culture
technique or species cultivated in any existing or permitted aquaculture operation
shall not require a new permit, unless or until:
i. the operation changes the scope and intent of the original permit as defined in
MCC 15.09.055.H; or
ii. The facility proposes to cultivate non-native [RDH1j species not previously
cultivated in the state of Washington.
Fluathir, aquactIltal al Sh octal es placed in sach 3 111aimel, and be saitably sized and so as to
with lievigat [RDH2]
7/30/2014 Page 2 of 8
file:///C:/Users/rebeccah/AppData/Local/Temp/XPgrpwise/53D8B8A5Maso=ail 10016D71371 AE85...
e. Consistent with mitigation sequencing, aquacultural uses and developments shall not
materially interfere with surface water use. Mitigation may be required where
necessary to offset material adverse impacts to normal public use of surface waters.
f. Aquaculture development shall not cause extensive erosion or accretion along
adjacent shorelines.
g. Aquaculture structures and activities that are not shoreline dependent or do not have
a functional relationship to the water shall be located landward of shoreline buffers
required by this Program to minimize the detrimental impact to the shoreline.
(RDHJ
h. Proposed aquaculture processing plants shall provide adequate buffers to screen
potential impacts of operations (e.g., visual, odor, and noise impacts) from adjacent
residential uses.
i. Aquaculture activities shall, to the greatest extent feasible with regard to the
economic viability of the operation and protection of the environment be located,
designed and operated so that native plant and animal populations, their respective
habitats and the local ecological balance are maintained.
i. Aquaculture shall be located, designed and maintained to assure no net loss of
ecological functions.
ii. As required by MCC 17.01.110.G, all activities in saltwater shall avoid impacts to
eelgrass and kelp beds to the maximum extent practicable. Aquaculture use
and development shall minimize shading and other adverse impacts to
macroalgae and eelgrass beds. If eelgrass or macroalgae is known or suspected,
an aquatic vegetation survey is required. Unavoidable impacts shall be
addressed in a Habitat Management Plan that presents an acceptable
mitigation plan. NOTE: regulatory protections do not apply to eelgrass or
macroalgae that colonize a shellfish farm.
iii. Floating aquaculture uses and developments that require attaching structures
to the bed or bottomlands shall use anchors, such as helical anchors, that
minimize disturbance to substrate.
iv. Disease and pest control may be authorized, provided methods are allowed by
federal and state regulations and follow best management practices. To the
maximum extent practicable, p�DH41-caquaculture use and development shall
employ the least harmful best management practices to control birds and
mammals.
j. Floating aquaculture structures shall not substantially detract from the aesthetic
qualities of the surrounding area, provided methods are allowed by federal and state
regulations and follow best management practices. ALIUCILUltu,e use a,id
7/30/2014 Page 3 of 8
file:///C:/Users/rebeccah/AppData/Local/Temp/XPgrpwise/53D8B8A5Masonmai110016D71371 AE85...
said mammals to the �teiit preetie [RDH5]
k. Aquacultural structures shall be placed in such a manner, and be suitably sized and
[RD-I6]marked, so as to minimize interference with navigation.
I. Aquaculture development shall be designed and constructed with best management
practices to minimize visual impacts and shall be maintained in a neat and orderly
manner. Aquaculture facilities, except navigation aids, shall use colors and materials
that blend into the surrounding environment where practicable.
m. Proposed aquacultural developments shall make adequate provisions to control
nuisance factors such as excessive noise and odor and excessive lighting.
n. Aquacultural discards shall be disposed of in a manner that will not degrade
associated uplands, wetlands, shorelines, or aquatic environments. Discards shall
not be disposed of in a manner which results in offensive odors or increases the
vector population. All waste-materials and discards shall be disposed of in strict
compliance with all applicable governmental waste disposal standards, including but
not limited to the Federal Clean Water Act, Section 401, and the Washington State
Water Pollution Control Act (RCW 90.48).
o. Equipment, structures and materials shall not be abandoned in the shoreline or
wetland area.
p. Precautionary measures shall be taken to minimize the risk of oil or other toxic
materials from entering the water or shoreline area.
q. Gravel enhancement projects necessary to maintain existing shellfish beds are
allowed. New projects that are not maintenance of existing beds and involve greater
than one-thousand (1,000) cubic yards of material may be considered as a
Conditional Use.
r. To minimize redundancy between federal, state and local aquaculture requirements,
the county should use permit applications that mirror federal or state permit
applications, and accept documentation that has been submitted to other permitting
agencies wherever possible.
S. A written statement of exemption is required for aquaculture activities that do not
constitute substantial development or otherwise require a Shoreline Permit. A
written statement of exemption constitutes a valid authorization to conduct new or
expanding aquaculture activities. A written statement of exemption shall provide a
summary of the consistency of the aquaculture activities with this SMP and the
Shoreline Management Act.
2. Finfish net pen regulations
a. Because of persistent low dissolved oxygen conditions, finfish net pen facilities shall
7/30/2014 Page 4 of 8
file:///C:/Users/rebeccah/AppData/Local/Temp/XPgrpwise/53D8B8A5Masonmai110016D71371 AE85...
not be located in the waters of Hood Canal, except for limited conservation needs
targeting the cultivation of wild sa+mamstocks during a limited portion of their
lifecycle to enhance restoration of native stocks. vvheii-sSuch activities may be
considered as a conditional use, must meet the criteria in Regulation 2(a)-(e), and
must involve minimal supplemental feeding and no use of chemicals or antibiotics.
RDH7
b. Finfish net pens may be considered as a conditional use in waters outside Hood
Canal, and shall meet the following criteria in addition to other applicable
regulations:
i. All in-water finfish aquaculture proposals shall include a site characterization
survey, baseline surveys, and monitoring as described in the Department of
Ecology Recommended Interim Guidelines for the Management of Salmon Net-
pen Culture in Puget Sound (1986), or subsequent documents approved by the
State.
ii. Finfish net pens shall meet, at a minimum, State approved administrative
guidelines for the management of finfish net pen cultures. In the event there is
a conflict in requirements, the more restrictive requirement shall prevail.
iii. Finfish net pens shall not occupy more than 2 surface acres of water area,
excluding booming and anchoring requirements. Anchors that minimize
disturbance to substrate, such as helical anchors, shall be employed. Such
operations shall not use chemicals or antibiotics.
iv. Finfish aquaculture proposals that include net pens or rafts shall not be located
closer than 1 nautical mile to any other aquaculture facility that includes net
pens or rafts; provided that, a lesser distance may be authorized if the applicant
can demonstrate that the proposal will be consistent with the environmental
and aesthetic policies and objectives of this Program. If a lesser distance is
requested, the burden of proof shall be on the applicant to demonstrate that
the cumulative impacts of existing and proposed operations would not be
contrary to the policies and regulations of this Program.
it, the eve,it aF c, signiffin,it Fish kill at the site aF ev , et pe,, FdLility, the Finfish
detail remedial action(s) to be impleme ited to preveiit
[RDH8]
3. Commercial geoduck aquaculture
a. In addition to the siting considerations in General Aquaculture Regulations,
commercial geoduck aquaculture should only be allowed where sediments,
topography, land and water access support geoduck aquaculture operations without
significant clearing or grading.
b. As determined by Attorney General Opinion 2007 No. 1, the planting, growing, and
7/30/2014 Page 5 of 8
file:///C:/Users/rebeccah/AppData/Local/Temp/XPgrpwise/53D8B8A5Masonmai110016D71371 AE85...
harvesting of farm-raised geoduck clams requires a substantial development permit if a
specific project or practice causes substantial interference with normal public use of
the surface waters, but not otherwise.
C. Conditional use permits are required for new commercial geoduck aquaculture.
Conversions from existing non-geoduck aquaculture to geoduck aquaculture within
existing farm boundaries do not require a conditional use permi[RUx9]t.
d. All subsequent cycles of planting and harvest shall not require a new conditional use
permit.
e. Conditional use permits must take into account that commercial geoduck operators
have a right to harvest geoduck once planted.
f. A single conditional use permit may be submitted for multiple sites within an inlet,
bay or other defined feature, provided the sites are all under control of the same
applicant and within county shoreline jurisdiction.
g. Unless already addressed in other applications, such as shoreline permit applications
or habitat management plans, applications for new commercial geoduck aquaculture
shall contain:
i. A narrative description and timeline for all anticipated geoduck planting and
harvesting activities if not already contained in the federal or state permit
application or comparable information mentioned above.
ii. A baseline ecological survey of the proposed site to allow consideration of the
ecological effects if not already contained in the federal or state permit
application or comparable information mentioned above.
iii. Measures to achieve no net loss of ecological functions consistent with the
mitigation sequence described in General Use Regulations, MCC 17.01.055.
iv. Management practices that address impacts from mooring, parking, noise,
lights, litter, and other activities associated with geoduck planting and
harvesting operations.
h. As required by Title 15 procedural regulations, Mason County will provide public
notice to all property owners within three hundred feet of the proposed project
boundary. The county will also provide notice to tribes with Usual and Accustomed
fishing rights to the area. The rights of treaty tribes to aquatic resources within their
Usual and Accustomed areas shall be addressed through direct coordination between
the applicant and the affected tribe(s).
i. Conditional use permits shall include allowance for work during low tides at night or
on weekends but may require limits and conditions to reduce impacts, such as noise
and lighting, to adjacent existing uses.
7/30/2014 Page 6 of 8
file:///C:/Users/rebeccah/AppData/Local/Temp/XPgrpwise/53 D8B8A5Masonmai110016D713 71 AE85...
j. Conditional use permits should include monitoring and reporting requirements
necessary to verify that geoduck aquaculture operations are in compliance with
permit limits and conditions. The County should consider the reporting and
monitoring conditions of other permitting agencies before adding additional
conditions to a permit.
k. Conditional use permits should be reviewed using the best scientific and technical
information available. This requirement may be met through review and approval of
habitat management plans by a qualified fish and wildlife professional, or through
use of information provided under federal agency biological reviews conducted
through the US Army Corps of Engineers permitting process.
I. Applicants shall apply best management practices to accomplish the intent of permit
limits and conditions.
m. To avoid or limit impacts from geoduck aquaculture siting and operations and
achieve no net loss of ecological functions, permits should consider the following and
place conditions where applicable and not redundant with other permit agency
conditions:
i. The practice of placing nursery tanks or holding pools or other impervious
materials directly on the intertidal sediments.
ii. Use of motorized vehicles, such as trucks, tractors and forklifts below the
ordinary high water mark.
iii. Specific periods when limits on activities are necessary to protect priority
habitats and associated species. The need for such measures should be
identified in the baseline ecological survey conducted for the site.
iv. Alterations to the natural condition of the site, including significant removal of
vegetation or rocks and regrading of the natural slope and sediments.
V. Installation of property corner markers that are visible at low tide during
planting and harvesting.
vi. Mitigation measures such as buffers between commercial geoduck aquaculture
and other fish and wildlife habitat conservation areas as necessary to ensure no
net loss of ecological functions.
vii. Use of predator exclusion devices with minimal adverse ecological effects and
requiring that they be removed as soon as they are no longer needed for
predator exclusion.
viii. Use of the best available methods to minimize turbid runoff from the water jets
used to harvest geoducks.
ix. Number of barges or vessels that can be moored or beached at the site as well
7/30/2014 Page 7 of 8
file:///C:/Users/rebeccah/AppData/Local/Temp/XPgrpwise/53D8B8A5Masornnai110016D71371 AE85...
as duration limits.
X. Public rights to navigation over the surface of the water.
xi. Good housekeeping practices at geoduck aquaculture sites, including worker
training and regular removal of equipment,tools, extra materials, and all
wastes.
xii. Where the site contains existing public access to publicly owned lands, consider
recommendations from the Washington Department of Natural Resources or
other landowning agencies regarding protection of the existing public access.
t-DH1 PAC has not decided. They asked to revisit T.King's suggestion after further review.
R[ DH2]Decision at 5/20/2013 PAC: Delete Regulation 5 and amend Regulation 12 to consolidate.
IRDH31Decision at 5/20/2013 PAC: Delete last sentence.
RDH4 PAC recommended addition on 5/20/13.
RDHS Decision at 5/20/2013 PAC: Delete redundant sentence.
RDH6 Decision at 5/20/2013 PAC: Delete Regulation 5 and amend Regulation 12 to consolidate.
[RDH7]PAC agreed on 5/20/13: Amend to clarify permit requirement and siting criteria, and also delete the word
"salmon"so the exception is not necessarily limited to one wild species of finfish.
RI DH8IPAC agreed on 5/20/13: Delete(2)(e),as other agencies monitor and track operations at such facilities.
FRDH91PAC agreed on 5/20/13 to amend grammar to match Ecology rule.
Please let me know if you need additional information.
Sincerely,
Kebccca Herska, Planner
Mason County DCD
426 W. Cedar
Skelton, WA 98589-
5 60-1-2 J-�6 JO ext. 287
7/30/2014 Page 8 of 8