HomeMy WebLinkAboutDDR2017-00156 - DDR Letters / Memos - 12/21/2017 MASON COUNTY RECEIVED
QUO COMMUNITY SERVICES
Building,Planning,Environmental Health,Community Health DEC 2 1 2Y��
615 W.Alder St.—Bldg.8,Shelton,Wa 98584 67�5
Phone:(360)427-9670 ext.352♦Fax:(360)427-7798 W larder SUeet
REQUEST FOR ADMINISTRATIVE DETERMINATION LETTER
The purpose of this application is to provide a means for requesting an administrative determination of county codes
when a permit to the county is not currently under review.
Fee:$220.00 required for consideration
Submit to: Permit Assistance Center,ATTN:Administrator
615 W.Alder Street
Shelton,Wa 98584
APPLICANT INFORMATION
NAME: 1 FNk\1 11FE(Z MI/1.LLEN SIGNATURE:
MAILING ADDRESS: t2SI6 )q p TH M E LIP I� . j h1b NW pj&)R , li,d C4 K-2�Z�7
PHONE NUMBER(S): (#1) (#2)
PARCEL INFORMATION
TAX PARCEL NUMBER: Vim I '
SITE ADDRESS: �L�-I� E, wRc LW 1Z. 6,f I ,�L jjL) tN q qv-3T`1
TYPE OF ACTIVITY:
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DIRECTIONS TO SITE:
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REQUEST
Please describe the nature of the interpretation requested, including code citation if known. Please attach additional
sheets,site plans,or other information as necessary to explain the request.
MASON COUNTY
COMMUNITY SERVICES
Building,Planning,Environmental Health,Community Health
December 26, 2017
Ms. Jennifer Mullen
12315 140th Ave K.P. N.
Gig Harbor, WA 98329
RE: Request for Administrative Determination of Village Commercial Zoning in Allyn, WA under
Mason County's Code.
Dear Ms. Mullen—
This administrative determination letter is in response to your letter received by Mason County
on December 21, 2017, related to whether a duplex is an allowable land use within the Village
Commercial Zone in Allyn, WA, under Mason County Code Sections 17.10 to 17.17.
We find that a duplex is an allowable use for parcel #: 12220-50-62001 under the current code
requirements for Village Commercial Zoning in Allyn with approval of a variance. We also
believe the duplex you propose is consistent with the purpose and goals of the Village
Commercial Zone. This determination does not take other factors into consideration like
required setbacks, easements and parking or other considerations that will be addressed in site
planning and building permitting.
Related to zoning only, Mason County Code Section 17.12.120, includes as a permitted use,
"(29) Multi-family dwelling units (minimum four units)". By addressing the criteria outlined in
Mason County Code Section 15.09.057, variances from the bulk and dimension requirements of
zoning regulations can be allowed. Mason County Planning staff are available to provide
technical assistance. We are also currently reviewing our multi-family definitions contained in
the Mason County Code. We hope to revise them over the next two months to make these
sections clearer.
If you would like to appeal this determination letter to the County's Hearings Examiner, our
code provides for this in MCC Title 15.11. Please feel free to follow up with me, at 360-427-
9670 extension 286, if you have any additional questions.
Sincerely,
FaA4�
Paula Reeves, Planning Manager
Mason County Community Services Department
615 W Alder St. Building 8
Shelton, WA 98584
Request regarding property located at:
240 E.Wheelwright St.
Allyn, WA 98524
Tax ID: 12220-50-62001
To whom it may concern,
My husband and I are pending on this property and intend to have a duplex built on the lot. We would
like assurance that this is feasible within the "Village Commercial" zoning requirements, considering the
size of the lot. Our plan entails a duplex roughly 1800 square feet in size for each unit. It would be
quality built and be both aesthetically enhancing to the area as well as offer an inviting place for families
to rent. We have been informed by the Mason County Planning Department that a duplex (two-unit
multi-family structure) would be appropriate for this lot because it is only a quarter acre in size and the
code requirement states "four units per acre". We are requesting confirmation of this before finalizing
our property purchase. We greatly appreciate your time in considering this request.
Sincerely,
Jennifer Mullen
S-e.e ?a�t
ORDINANCE NUMBER -'/7
TITLE 17 - ZONING
AMENDMENTS TO CHAPTER 17.12, COMMERCIAL ZONING DISTRICTS IN THE
ALLYN LIGA, ARTICLE 1, VILLAGE COMMERCIAL DISTRICT, SECTION 17.12.110,
PURPOSE, SECTION 17.12.120, PERMITTED USES
ORDINANCE amending Title 17, Zoning,Chapter 17.12,Commercial Zoning Districts in the Allyn
UGA,Article I,Village Commercial District,Section 17.12.110, Purpose,Section 17.12.120, Permitted
Uses,and Section 17.1z.16o Additional Development and Design Criteria; and Allowed Uses.
WHEREAS, amendments to Title 17 of the Mason County Code fall under the authority of Chapter
36.7o and 36.7oA RCW;
WHEREAS,in an effort to afford some modified mixed uses,the Village Commercial district in the
Allyn Urban Growth Area allow for all residential uses to be directed to the second or upper floors of
new and existing development;and
WHEREAS, changes in mortgage securities have make it inherently more difficult to fully
realize development options for this type of mixed use arrangement in a single structure;and
WHEREAS,amending these sections to more traditional forms of side by side mixed commercial and
allowing ground floor residences will promote a more feasible pattern of development;and
WHEREAS,this Ordinance amends Chapters 17.12 and 17.23 to remove the regulation preventing
residential uses on the ground floor in the Village Commercial and district;and
WHE.RE,AS, the Mason County Planning Advisory Commission conducted a public hearing on
January 23, 2017 and recommend adoption of amendments by the Commissioners;and
Qlage 1 of 6
NOW THEREFORE, BE IT HEREBY ORDAINED that the Board of Commissioners of
Mason County hereby amends the Mason County Code Title 17(Zoning),Sections 3.7.22.110,
17.12.120,17.12.16o with respect residential uses.(See Attachment A)
DATED this i day of 2017.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST: (A
Kevin Shutty,C air
C r ft oa r)
Terri Jeffreys, COJImOsioner
APPROVED AS TO FORM:
Ra y Neatherlin01 ommissioner
r Tim Whitehead,Chief DPA
Q'nde 2 i f 6
ATTACI IMENT A
TITLE 17 - ZONING
CHAPTER 17.12 — COMMERCIAL ZONING DISTRICTS IN THE ALLYN LIGA
ARTICLE I. "VC" — VILLAGE COMMERCIAL DISTRICT
SECTION 17.12.110 — PURPOSE
Article I. - "VC"—Village Commercial District
17.12.110- Purpose.
The village commercial district is a pedestrian and transit oriented mixed use district
primarily designed as a location for neighborhood,community wide and tourist retail,office,
restaurant, entertainment, service uses, including transient accommodations, and
residential uses. The district will provide opportunities for transit routes and stops and to
provide shared parking opportunities. Physically the district will retain the pedestrian
oriented scale and intensity of use of the rest of the village core area. Because of its nature
the village commercial district zone may only be located in the village center.
1. Goals of the district are:
(A) Promote private development and uses, which complement public streetscape,
infrastructure and governmental improvements and uses;
(B) Foster civic pride in the area and thereby stabilize and improve property values and
stimulate business investment,
(C) Encourage new uses and services consistent with the downtown,pedestrian oriented
character of the area to achieve a viable and sustainable commercial district;
(D) Prohibit new uses that are incompatible with the function and purpose of the district
and encourage the relocation to other locations in the community, of existing
nonconforming uses;
(E) Encourage efficient land use and investment in the rehabilitation, expansion and use
of existing structures and in-fill sites through increased zoning densities and parking
allowances and flexibility;
(F) Encourage the concept of"mixed" commercial, residential and civic uses in order to,
provide affordable housing opportunities, provide a diverse market for retail goods
and services, promote alternative modes of transportation, maximize the use of
public infrastructure investments and foster a greater sense of "neighborhood"
within the district;
(G) Encourage a sense of "ownership" of the village core within all members of the
community as the social and cultural heart of the village by providing opportunities
for cultural and celebratory events and development of public spaces and buildings;
(H) Promote a physical environment through architectural, streetscape and open space
improvements that are evocative of the historic and natural character of the
community;
(1) Provide shared parking opportunities;
(J) Promote tourist oriented market opportunities including water-related activities.
41nde 3 of 6
CHAPTER 17.12 — COMMERCIAL ZONING DISTRICTS IN THE ALLYN UGA
ARTICLE I."VC" — VILLAGE COMMERCIAL DISTRICT
SECTION 17.12.120 — PERMITTED USES
17.12.3.20- Permitted uses.
The following uses, subject tqWplicable licensing and development regulations, shall
be allowed outright within the "VC"district:
(2) Alcoholic beverage sales: package stores and wine shops;
(2) Antique shops;
(3) Appliance and communication equipment repair shop and/or sales;
(4) Art galleries and artist studios;
(5) Art and craft supplies, retail;
(6) Vehicle parts store;
(7) Bakery,with on-site sales;
(8) Bicycle shops;
(g) Book stores;
(io) Banks and financial institutions;
(11) Barbers and beauty shops;
(12) Camera shop,
(13) Catering;
(14) Clothing sales and rentals and shoe stores;
(1S) Delicatessen;
(16) Dry cleaners and laundries not including laundromats;
(17) Fabric and yarn goods;
(18) Florists,
(ig) Food Stores, retail including groceries, bakers, butchers, health, candy;
(2o) Furniture stores;
(21) Grocery stores;
(22) Hotels/motels;
(23) Household fixtures including plumbing, lighting, heating/cooling;
(24) Hardware stores;
(25) Hobby shops;
(26) Jewelry store;
(27) Locksmith;
(28) Medical offices, clinics,equipment and services(i.e., labs),
Multi-Family dwelling units(min 4 du/acrek
(30) Music stores, recordings and instruments;
(31) Offices;
(32) Paint and glass shops;
(33) Pharmacy, dispensing;
(34) Photographic studio;
cpage 4 of 6
(35) Printing, publishing and reproduction;
(36) Radio and Television broadcasting station;
(37) Restaurants, cafes and food stands: sit down and walk up;
(38) Retail shops not otherwise named similar in size, character and impacts;
(39) Second hand stores and pawn shops;
(40) Sports related service businesses such as kayak rentals, boat tours, scuba instruction;
(41) Sporting goods store including equipment rental and repair;
(42) Stationary and office supply stores;
(43) Toy stores;
(44) Theater, live stage;
(45) Theater, motion picture, one screen and no more than two hundred fifty seats;
(46) Tourism related retail and service businesses such as travel,tour and event agencies;
(47) Transit stops;
(48) Dance and music studios.
CHAPTER 17.12 — COMMERCIAL ZONING DISTRICTS IN THE ALLYN LIGA
ARTICLE I. WC" — VILLAGE COMMERCIAL DISTRICT
SECTION 17.12.160 — ADDITIONAL DEVELOPMENT AND DESIGN CRITERIA
17.12.16o-Additional Development and Design Criteria.
Development criteria are established to ensure compatibility of uses permitted within
the district, to encourage good building and landscaping design, and to ensure the
protection of the public health, safety and general welfare. In addition to development
regulations found elsewhere in this title the following standards shall apply to development
projects within the NC" district.Additional standards for setbacks are in Section 17.10.46o.
(i) General criteria.
(A) Parking. Required parking for the NC" district shall be as stipulated in Chapter
27.14"Off-Street Parking"of this title.
(B) Signs. Private signage shall be allowed as stipulated in Chapter 17.15, "Signs" of
this title.
(C) Trash. Exterior trash containers shall be located within enclosures matching
design criteria on file with the building and public works department except
where placed outside at a designated location for collection the same day as the
collection is scheduled.
(D) Storage. All exterior storage shall be screened from view behind solid walls or
fences no greater than eight feet in height.
(E) Fencing. Fencing shall be decorative and compatible in design and integrated
with architecture of the associated use. Fences, except for storage areas, shall be
no more than six feet in height and shall not obstruct line of sight clearance or
safety exiting.
(F) The address of all buildings and individual units shall be displayed on the exterior
of the building, including on alley frontages, in a manner that allows for easy
identification by the public and emergency response personnel.
41age S of 6
(G) Entries. Each building and commercial units within buildings, shall have at least
one primary entry on any street frontage unless units with a building share a
common entry from which the unit may be accessed during all business hours.
Entries shall be clearly defined,oriented to pedestrian travel ways and away from
vehicle driveways. Entries shall be provided with weather protection.
(H) Structures shall be located proximate to the street to promote store front display,
pedestrian activity and a harmonious streetscape while leaving opportunities to
create space between building tells and the public sidewalk for exterior uses,sign
displays,exterior seating, landscaping,architectural interest such as cantilevered
second stories, canopies and esplanades and to provide locations for public art
and information.
(1) All electrical, mechanical and plumbing equipment, including roof equipment,
and appurtenances shall be screened from view or otherwise architecturally
treated except those required for safety purposes.
(J) Architecture and Aesthetics. (Reserved).
(2) Commercial.
(A) All street doors shall be for pedestrian access only.
(B) Loading Areas.Loading or pick-up of merchandise or materials shall be restricted
to alleyways or designated on-site loading areas.
(C) Outdoor Display of Sales of Merchandise. The outdoor sale or display of
merchandise,whether on-site or on public property or right-of-way, shall only be
allowed as permitted under guidelines approved by the county board of
commissioners.
(D) Canopies, signs, balconies and other architectural projections may encroach into
the public right-of-way with approval of an encroachment permit by the public
works director and when an overhead clearance of a minimum of eight feet is
maintained.
(E) Ground floor frontages shall be provided with large framed display windows
above a height of three feet so that at least fifty percent of the frontage wall is
transparent between a height of three feet and below eight feet.
(3) Residential. Required residential parking shall be provided on site.
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17.05.032 - 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 17.05.018(2). Applications for such variances shall not be accepted for processing or review.
(Ord. 108-05 Attach. B (part), 2005).
17.05.034- Granting of variances authorized.
(a) The hearing examiner shall have the authority to grant a variance from the provisions of this chapter when, in their opinion, the
conditions set forth in Section 17.05.036 have been met. The hearing examiner 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 chapter is maintained.
(b) The administrator shall have the authority to grant a variance from the provisions of this chapter when the granting of such
variance will result in a measurable deviation of ten percent or less from the provisions set forth in this chapter. In issuing such
variance, the administrator shall make a positive determination that the conditions set forth in Section 17.05.035 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 chapter is maintained.
(c) The administrator may allow a reduction in the required front yard setback or rear yard setback by administrative variance under
the following circumstances: for existing lots of record as of March 5, 2002, where physical attributes of the lot(such as steep
slopes, wetlands, streams, soils; lot width at the front yard line of no more than fifty feet or lot size of no more than one-quarter
acre; and existing improvements of buildings, septic systems, and well areas) preclude a proposed development from meeting
the twenty-five-foot front yard setback or twenty-foot rear yard setback standards. The front yard setback or rear yard setback
shall be the minimum necessary to accommodate a reasonable development proposal, but not less than ten feet distance from
the property line or road access easement boundary. The administrator shall document in the property file the rationale for the
administrative variance decision.
(d) The administrator may allow a reduction in the required side yard setback by administrative variance under the following
circumstances: for existing lots of record as of March 5, 2002 that are parcels designated as Rural Residential 2.5, Rural
Residential 5, Rural Residential 10, or Rural Residential 20; and where physical attributes of the lot(such as steep slopes, streams,
wetlands, and soils; lot width at the front yard line of no more than fifty feet or lot size of no more than one-half acre; and
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existing improvements of buildings, septic systems, and well areas) preclude a proposed development from meeting the twenty-
foot side yard setback standard. The variance to the side yard setback shall be the minimum necessary to accommodate a
reasonable development proposal. This side yard setback shall not be less than five feet distance from the property line. The
administrator shall document in the property file the rationale for the administrative variance decision.
(Ord. 108-05 Attach. B (part), 2005).
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17.12.110 - Purpose.
The village commercial district is a pedestrian and transit oriented mixed use district primarily designed as a location for neighborhood,
community wide and tourist retail, office, restaurant, entertainment, service uses, including transient accommodations, and residential uses. The
district will provide opportunities for transit routes and stops and to provide shared parking opportunities. Physically the district will retain the
pedestrian oriented scale and intensity of use of the rest of the village core area. Because of its nature the village commercial district zone may
only be located in the village center.
(1) Goals of the district are:
(A) Promote private development and uses, which complement public streetscape, infrastructure and governmental
improvements and uses;
(B) Foster civic pride in the area and thereby stabilize and improve property values and stimulate business investment;
(C) Encourage new uses and services consistent with the downtown, pedestrian oriented character of the area to achieve a
viable and sustainable commercial district;
(D) Prohibit new uses that are incompatible with the function and purpose of the district and encourage the relocation to
other locations in the community, of existing nonconforming uses;
(E) Encourage efficient land use and investment in the rehabilitation, expansion and use of existing structures and in-fill
sites through increased zoning densities and parking allowances and flexibility;
(F) Encourage the concept of"mixed" commercial, residential and civic uses in order to, provide affordable housing
opportunities, provide a diverse market for retail goods and services, promote alternative modes of transportation,
maximize the use of public infrastructure investments and foster a greater sense of"neighborhood" within the district;
(G) Encourage a sense of"ownership" of the village core within all members of the community as the social and cultural
heart of the village by providing opportunities for cultural and celebratory events and development of public spaces
and buildings;
(H) Promote a physical environment through architectural, streetscape and open space improvements that are evocative
of the historic and natural character of the community;
(1) Provide shared parking opportunities;
�) Promote tourist oriented market opportunities including water-related activities.
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r
(Ord. 63-07 Exh. A (part), 2007).
(Ord. No. 10-17, Att. A, 3-14-2017; Ord. No. 25-17, Att. A, 4-25-2017)
17.12.120 - Permitted uses.
The following uses, subject to applicable licensing and development regulations, shall be allowed outright within the "VC" district:
(1) Alcoholic beverage sales: package stores and wine shops;
(2) Antique shops;
(3) Appliance and communication equipment repair shop and/or sales;
(4) Art galleries and artist studios;
(5) Art and craft supplies, retail;
(6) Vehicle parts store;
(7) Bakery, with on-site sales;
(8) Bicycle shops;
(9) Book stores;
(10) Banks and financial institutions;
(11) Barbers and beauty shops;
(12) Camera shop;
(13) Catering;
(14) Clothing sales and rentals and shoe stores;
(15) Delicatessen;
(16) Dry cleaners and laundries not including laundromats;
(17) Fabric and yarn goods;
(18) Florists;
(19) Food stores, retail including groceries, bakers, butchers, health, candy;
(20) Furniture stores;
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(21) Grocery stores;
(22) Hotels/motels;
(23) Household fixtures including plumbing, lighting, heating/cooling;
(24) Hardware stores; ���'^�
(25) Hobby shops;
(26) Jewelry storey V�_A
(27) Locksmith;
(28) Medical offices, clinics, equipment and services (i.e., labs);
(29) Multi-family dwelling units (minimum four units);
(30) Music stores, recordings and instruments;
(31) Offices;
(32) Paint and glass shops;
(33) Pharmacy, dispensing;
(34) Photographic studio;
(35) Printing, publishing and reproduction;
(36) Radio and television broadcasting station;
(37) Restaurants, cafes and food stands: sit down and walk up;
(38) Retail shops not otherwise named similar in size, character and impacts;
(39) Second hand stores and pawn shops;
(40) Sports related service businesses such as kayak rentals, boat tours, scuba instruction;
(41) Sporting goods store including equipment rental and repair;
(42) Stationary and office supply stores;
(43) Toy stores;
(44) Theater, live stage;
(45) Theater, motion picture, one screen and no more than two hundred fifty seats;
(46) Tourism related retail and service businesses such as travel, tour and event agencies;
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(47) Transit stops;
(48) Dance and music studios.
(Ord. 63-07 Exh. A(part), 2007).
(Ord. No. 10-17, Att. A, 3-14-2017; Ord. No. 25-17, Att. A, 4-25-2017)
17.12.130 -Accessory uses.
The following uses shall be permitted as ancillary to permitted uses or uses obtaining a special use permit in the district and shall not be
established independent of the primary use:
(1) Alcoholic beverage sales: on-site, in association with full menu food uses;
(2) Merchandise repair excluding vehicles;
(3) Micro brewery;
(4) Hotel lounge;
(5) Parking of one delivery vehicle;
(6) Dance floors;
(7) Music and electronic game machines up to a total of four;
(8) Live entertainment except between the hours of one-thirty a.m. and seven a.m.;
(9) Public sidewalk food and merchandise vendors including Espresso carts and newsstands with written consent of all adjacent
landowners.
(Ord. 63-07 Exh. A(part), 2007).
17.12.140 - Use permitted subject to obtaining a special use permit.
The following uses, subject to applicable licensing and development regulations, shall be allowed within the "village commercial" district only
with approval of a special use permit except that a special use permit shall not be required where any of the listed uses are included in an
approved Planned Development. Consideration shall be given to the purpose and development standards of the district including any adopted
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design guidelines. The design of the site, structure, and building facade shall be included in the special use permit review which shall consider
the widths and heights typically found in the neighboring commercial development to determine the compatibility of the proposal with the
existing development. That compatibility might be accomplished through indenting portions of the structure to separate portions of the facade,
using a variety of architectural styles and building materials, orienting the building so that larger areas of facade are not visible from public ways
or parking areas, or by similar techniques.
(1) Antique malts over ten thousand sq. ft.
(2) Bars and taverns other than those associated with full menu food service.
(3) Churches.
(4) Veterinary clinics.
(5) Commercial parking lots not associated with an on-site use.
(6) Day care center.
(7) Drive-through sales, service, pick-up or delivery.
(8) Gasoline retail sales.
(9) Gyms, fitness and aerobic studios.
(10) Laundromats.
(11) Private transportation depot.
(12) Schools.
(13) Private recreation facilities including game arcades, batting cages, shooting galleries and skating rinks.
(14) Outdoor storage of merchandise.
(15) Motorized vehicle repair.
(Ord. 63-07 Exh. A (part), 2007).
17.12.150 - Bulk and dimension standards.
Minimum lot area 9,600 sq. ft.
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Maximum height The maximum height of any structure in the "VC" district shall
be 35 feet (25 feet East of SR 3) except that church spires, bell
towers, chimneys and other architectural features may
exceed the height limit by 50% and communication facilities
by as much as permitted through approval of a special use
permit.
Minimum setbacks:
Front property line 10 ft
Side and back 5 ft
Additional setbacks may be required to provide line of site clearance for vehicle drivers for the purpose of public safety.
Maximum lot coverage There shall be no maximum lot coverage standard in the "VC"
district.
Floor area ratio There is no maximum floor area ratio and there shall be a
minimum ratio of 5:1 .
(Ord. 63-07 Exh. A(part), 2007).
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It
17.06.010 - Definitions.
Note: The definitions used in the Mason County development regulations are those terms defined in Moskowitz, Harvey S. and Lindbloom,
Carl G.; The New Illustrated Book of Development Definitions. New Brunswick, NJ, Center for Urban Policy Research, 1993, except as specifically
defined in separate county ordinance(s).
"Accessory building or use" means any building or use which:
(1) Is subordinated to, and serves a principal building or principal use; and
(2) Is subordinate in area, extent or purpose to the principal building or principal use served; and
(3) Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and
(4) 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.
"Accessory dwelling unit or ADU" means 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.
See Section 17.03.029 for requirements for ADUs.
"Accessory uses" include signs that are related to and support a business or activity.
"Adequate public facilities" means facilities which have the capacity to serve development without decreasing levels of service below locally
established minimums. (WAC 365-195-210)
"Administrator" means 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" means 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 hours.
"Adult retirement community" means a residential development for persons who are at least fifty-five years of age. Such development may
include the following as accessory uses:
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(1) Social and recreation activities;
(2) Communal meal service;
(3) Limited health care facilities;
(4) Transportation facilities; and
(5) Personal services.
"Agricultural lands" means 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 RCW 84.33.100
through 84.33.140, or livestock.
"Agricultural resource lands" means land designated by Mason County as agricultural lands of long-term commercial significance.
"Agricultural sales sign" means a usually seasonal sign used to announce and/or direct the public to a sale of locally grown agricultural
products.
"Air transportation" means commercial air transport service, such as charter and/or docking facilities.
"Animated sign" means any sign which includes action or motion or the optical illusion of action or motion, or color changes of all or any
part of the sign facing, requiring electrical energy, or set in motion by movement of the atmosphere.
"Appurtenant structure" means a structure that is ordinarily connected to the use and enjoyment of a single-family residence; normal
appurtenant structures include, but are not limited to, a garage, deck, storage shed, woodshed, pump house, upland retaining wall and fence.
"Aquaculture" means the commercial cultivation of aquatic life, such as fish, shellfish and seaweed.
"Assisted living facility" means an institution or a distinct part of an institution that is licensed or approved to provide healthcare 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" means 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)
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"Bed and breakfast" means overnight accommodations and a morning meal in a room or suite of rooms provided to guests for
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compensation, where such room or suite is located in a building occupied by the owner of the facility.
"Best management practices" means a physical, structural, or managerial practice which has gained general acceptance for its ability to
prevent or reduce environmental impacts.
"Billboard" means the same as an off-premises sign.
"Board" means the Mason County board of commissioners.
"Bufferyard" means 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" means a structure intended for use or occupancy by humans.
"Building face" means the wall on the side of the building facing the road accessing the property; the size of sign is the portion (i.e. ten
percent) of the area value resulting from the product of the wall height times the wall width.
"Building size" is determined by measuring the building footprint from the outside walls. Does not include roof overhangs up to two feet.
Roof overhangs larger than two feet from outside wall will be included in the overall size of the building.
"Capacity" means the measure of the ability to provide a level of service on a public facility.
"Capital improvement" means 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 ten years.
"Carrying capacity" means the intrinsic constraints on the development of an area. The development that may be allowed without an
(unacceptable) 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 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
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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.
"Cemetery" means in accordance with R.C.W. 68.40, any one or combination of the following land uses in a place used for, or intended to be
used and dedicated, for cemetery purposes: (1) burial park for earth interment; (2) mausoleum for crypt interment; and columbarium for
permanent cinerary interment.
"Changing message center sign" means an electrically or electronically controlled sign where different automatic changing messages are
shown on the same lamp blank.
"Child care center, commercial." "Commercial child care center" means an establishment providing for regularly-scheduled care, supervision
and protection of children for periods less than twenty-four hours. Such establishment shall be subject to licensing and regulation requirements
pursuant to WAC 388-155.
"Child care center, family." "Family child care center" means an establishment providing for regularly-scheduled care, supervision and
protection of children for periods less than twenty-four hours, in a dwelling, where such care and supervision is provided by a resident of the
dwelling, and where no nonresident is regularly employed. Such establishment shall be subject to licensing and regulation requirements
pursuant to WAC 388-150.
"City" means any city or town, including a code city. (RCW 36.70A.030)
"Clustered development" means 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" means 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" means the Mason County planning advisory commission.
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"Community on-site septic systems" means a sewage system used to serve multifamily residential complexes or groups of individual
residences.
"Comprehensive land use plan, comprehensive plan, or plan" means the Mason County comprehensive plan, as adopted pursuant to the
Growth Management Act, and as thereafter may be amended.
"Concurrency" means 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)
"Consistency" means a term 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)
"Construction sign" means any sign used to identify the architects, engineers, contractors or other individuals or firms involved with the
construction of a building and announce the character of the building or the purpose for which the building is intended.
"Contiguous development" means development of areas immediately adjacent to one another. (WAC 365-195-210)
"Convenience store" means 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 housing" is generally defined as a grouping of small, single family dwelling units clustered around a common area and developed
with a coherent plan for the entire site. L]
"Cottage industry" means 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.
"County" means Mason County, Washington.
"Critical areas" means 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)
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"Density" means 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).
"Density transfer" means the transfer of all or part of the permitted residential density on a parcel to another parcel.
"Design guidelines" means a set of guidelines defining parameters to be followed in site and/or building design and development.
"Design standards" means a set of standards defining parameters to be followed in site and/or building design and development.
"Development" means the construction, reconstruction, conversion, structural alteration, relation or enlargement of any structure, and any
mining, excavation, filling, or other associated land disturbance.
"Development districts" means areas in which a variety of development options are allowed if they are consistent with the purpose of the
district.
"Development regulations" means 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)
"Director" means the director of community development, and whose responsibilities may be delegated when not contrary to law or
ordinance.
"Domestic water system" means 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" means a covenant which grants or restricts a specific right of use.
"Educational learning center" means a facility dedicated to environmental and resource education and research. This land use would be
permitted on lands designated for long term agricultural use in urban growth areas with a special use permit. This land use would be permitted
on agricultural resource lands with a special use permit, using the special use permit criteria and meeting the standard that the proposed land
use shall have no more cumulative impacts than if the land remained in traditional agricultural production.
"Environmental impact statement (EIS)" means a document detailing the expected environmental impacts of a proposed action.
"Erosion" means the wearing away of the earth's surface as a result of the movement of wind, water or ice.
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"Erosion hazard areas" means those areas that because of natural characteristics, including vegetative cover, soil texture, slope gradient,
e
and rainfall patterns, or human-induced changes to such characteristics, are vulnerable to erosion.
"Essential public facilities" means and includes facilities such as prisons, correctional facilities,juvenile detention centers, courthouses,
wastewater/sanitary treatment facilities and systems, solid waste facilities, transportation facilities (including public works operations and
vehicle maintenance facilities), airports and hospitals.
"Facility" means the physical structure or structures in which a service is provided.
"Fire flow" means 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 shall be in addition to the requirements of the water system for domestic demand.
"Flashing sign" means any sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or
flashing light by means of animation or an externally mounted intermittent light source.
"Floodplain" means that area of land adjoining a body of water that has been or may be covered by floodwater.
"Floor area ratio" is determined by summing the gross horizontal areas of all the floors of a building, measured from the exterior walls, or
the centerline of walls separating two buildings, and dividing that sum by the gross area of the parcel proposed for use or development. Space
devoted to off-street parking or loading is not included in this calculation.
"Front yard" and "front yard setback" mean the space extending the full width of the lot between a structure or building and the front lot
line or road easement boundary, whichever is closer. The setback is measured from the building to the closest point of the front lot line or road
easement boundary, whichever is closer. See Figure 17.06 A.
"Fully contained community (FCC)" means 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.
"Garage sale signs (yard sales, moving sales, patio sales)" means temporary signs used to announce and/or direct the public to a sale of
used items.
"Geologically hazardous areas" means 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)
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"Greenbelt" means a linear corridor of open space which often provides passive recreation and nonmotorized transportation opportunities,
Y
serves as a buffer between developments and varying land uses, or creates a sense of visual relief from urban landscapes.
"Groundwater" means water that fills all the unblocked pores of material lying beneath the water table.
"Group homes" means a nonprofit or for-profit boarding home for the sheltered care of persons with special needs, which may provide
food, shelter, and a combination of personal care, social and counseling services and transportation.
"Growth Management Act (GMA), or Act" means the Growth Management Act as enacted in 1990 and subsequently amended by the state of
Washington.
"Hamlets" 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 hamlets. They may be
served by community water systems and community sewage treatment facilities but have only rural governmental services.
"Height" shall be measured using average grade level. The average of the natural or existing topography of the portion of the lot, parcel, or
tract of real property which will be directly under the proposed structure and shall be determined by averaging the ground elevations at the
midpoint of all exterior walls of the proposed structure.
"Hobby farm" means rural parcel(s) with a principal residential land use and secondary noncommercial or small-scale commercial farming,
livestock raising, aquaculture, or forestry activities conducted on the property.
"Home occupation" means a business, occupation, or profession that is incidental to and carried on within a portion of a residential dwelling
unit by a member or members of the household. The business may have up to three employees in addition to members of the household.
"Hotel" means a facility offering guest lodging accommodations to the general public and providing additional services, such as restaurants,
meeting rooms, entertainment and recreational facilities.
"Household" means 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)
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"Impact mitigation" means the mitigation of the negative impacts 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 action, compensating for the impact by replacing, enhancing, or providing substitute resources or
environments, and monitoring the impact and taking appropriate corrective measures. The term includes to voluntary and mandatory actions to
compensate for the costs of reducing impacts; including traffic impacts.
"Infill" means the development of housing or other buildings in vacant sites in an already developed area.
"Infrastructure" means 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.
"Inholding land" means 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" means 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" means a measure of land use activity based on density, use, mass, size and impact.
"Level of service (LOS)" means 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.
"Local and community recreation centers" or "community centers" means places and buildings primarily designed for use by local
residences for sports, leisure-time activities, or assembly for the public or for community service groups.
"Long-term commercial forests" or "long-term commercial forest land" means 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" means 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. See Figure 17.06 A to see location of lot lines and setbacks.
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"Major arterial" or "principal arterial" means 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" means 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 plan of the overall resort development. (WAC 365-195-210)
"Minerals" means a term which includes gravel, sand, and valuable metallic substances. (RCW 36.70A.030)
"Minor arterial" or "secondary arterial" means roads which link activity centers and convey traffic onto major arterial. Minor arterial provide
both mobility and access.
"Mixed use" means 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.
"Mobile home" means 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.
"Mobile home park" means a tract of land occupied or designed for occupancy by two or more mobile homes.
"Modular housing," or "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.
"Multifamily" means a structure containing four or more,joined dwelling units.
"Nonconforming land use" means a use or activity that was lawful prior to the adoption, revision or amendment of the ordinance codified in
this chapter but fails by reason of such adoption, revision or amendment to conform to the present performance standards of the Mason
County development regulations.
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"Nonconforming structure" means a structure that was lawful prior to the adoption, revision or amendment to the ordinance codified in this
chapter but fails by reason by such adoption, revision or amendment to conform to the present performance standards of the Mason County
development regulations.
"Nontraditional housing types" means dwelling types other than on-site built housing units. Nontraditional housing types include, but are
not limited to, manufactured housing, mobile homes and houseboats.
"Office" means a structure that generally houses a business, government, professional, medical or financial institution for the nondaily
needs of individuals, groups or organizations.
"Off-premises sign" means a sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a
location other than the premises on which the sign is located.
"On-premises sign" means any communication device, structure or fixture that is intended to aid in identification and to advertise and/or
promote a business, service, activity, interest or view at the location on which the sign is located.
"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 development or other development
which is designated for common access by the residents of the development 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" means 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.
"Performance subdivision" means a subdivision or short subdivision in which the applicant seeks to gain additional residential density by
designing the proposed development in clusters of development and areas of open space which recognizes and preserves those land elements
which are deemed worthy of protection. Within this chapter, performance subdivisions include those authorized under Chapters 16.22 and
16.23 of this code.
"Permitted use" means any use which is authorized or allowed outright, not requiring a special use permit or the approval of the board.
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"Person." Within the context of this chapter, "person" means and 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" means establishments primarily engaged in providing services involving the care of a person, or his or her personal
goods or apparel.
"Planned unit development (PUD)" means a residential development that includes a mix of housing types such as single-family, townhouses,
and other multi-family, and groups uses to provide common open space or to include recreation such as golfing as part of the development.
"Plat" means a map or plan, especially of a piece of land dividing into building lots.
"Political sign" means a sign advertising a candidate or candidates for public elective office, or a political party, or sign urging a particular
vote on a public issue decided by ballot.
"Primary treatment" means 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 twenty-five to forty percent.
"Public services" means and includes fire protection and suppression, law enforcement, public health, education, recreation, environmental
protection and other governmental services. (RCW 36.70A.030)
"Public water system" means 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 248.54)
"RCW" means Revised Code of Washington.
"Real estate signs" means any sign pertaining to the sale, lease or rental of land or buildings.
"Rear yard" and "rear yard setback." The "rear yard" means the space extending the full width of the lot between a structure or building and
the rear lot line and measured perpendicular to the building to the closest point of the rear lot line. The "setback" means the closest distance
from the structure to the rear lot line. See Figure 17.06 A.
"Recreation storage" means the storage of recreational vehicles, boats, boat trailers, camper trailers, personal water craft, and similar
outdoor recreational equipment.
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"Recreational vehicle (RV) park." As defined in the mobile home and recreational parks Ordinance No. 118-91.
"Rehabilitation" means the physical improvement, remodeling, or partial reconstruction of existing structures rather than their demolition
and replacement.
"Residential development" means the development of land, or the construction or placement of dwelling units for residential occupancy or
appurtenant structures and for accessory uses. This definition shall not be construed to authorize any use under the variance criteria.
"Resource lands" means those lands which are suitable for agriculture, forest mineral extraction and protected by resource lands
regulations.
"Resource-based" means 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.
"Resource-based industry" means a manufacturing, industrial, or commercial business which requires a location near agricultural land,
forest land, or mineral resource land or aquacultural area upon which it is dependent or supports. Examples include sawmills, plant nurseries,
feed stores.
"Retail" means the selling of goods or merchandise to the public and providing services incidental to the sale of such goods. Retail does not
include new and used auto sales, boat sales, recreational vehicle sales, or mobile/modular home sales.
"Right-of-way" means 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" means standards by which government agencies can assess whether adequate road facilities are being
provided and regulated.
"Roof sign" means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building.
"Runoff" means water from rain, snowmelt, or irrigation that flows over the ground surface and returns to streams.
"Rural activity center (RAC)" means 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.
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They reflect an existing development pattern, but they are not intended to expand. RAC boundaries are established in the comprehensive plan.
"Rural areas" means rural areas in Mason County include those areas not designated as urban areas, resource lands, RACs or hamlets. 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 twenty years. In rural areas, the rural landscape will remain dominant, and include a variety of
protected natural features.
"Rural lands" means those areas outside of designated resource lands and urban growth areas. Natural features contribute significantly 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 included districts such as
rural activity centers, hamlets and rural areas.
"Sandwich board sign" means an "a-framed" portable sign measured by height X width.
"Sanitary sewer systems" means 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" means the second step in purifying sewage which uses biological processes in additional to settling and provides
purification from eighty-five to ninety-five percent.
"Seismic hazard areas" means areas subject to severe risk of damage as a result of earthquake induced ground shaking, slope failure,
settlement or soil liquefaction.
"Self-Storage Facility" means a building or group of buildings containing separate, individual, and private storage spaces of varying sizes
available for lease or rent for varying periods of time. 121
"Sewage" means the total of organic waste and wastewater generated by residential, industrial and commercial establishments.
"Sewer" means the closed pipe which carries raw sewage from a home or business to a treatment facility.
"Sewerage" means the entire system of sewage collection, treatment and disposal.
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"Side yard" and "side yard setback" mean the space extending the full width of the lot between a structure or building and the side lot line
and measured perpendicular to the building to the closest point of the side lot line. The side yard setback is the closest distance from the
structure to the side lot line. See Figure 17.06 A.
"Sight distance" means the length of a roadway required which is sufficient enough to ensure safe operation of a motor vehicle at posted
speeds.
"Sign" means any communication device, structure or fixture that is intended to aid in identification and to advertise and/or promote a
business, service, activity or interest. For the purpose of this chapter, a sign shall not be considered to be building or structural design, but shall
be restricted solely to graphics, symbols or written copy that is meant to be used in the aforementioned way.
"Single-family dwelling" means a detached building containing one dwelling unit.
"Small scale" means a term which indicates that development regulations will limit the intensity, size, scale, number of uses and other
factors of a particular development.
"Small scale business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is
owned and operated independently from all other businesses, that has the purpose of making a profit, and that has twenty or fewer employees.
"Solid waste" means 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" means 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 substance abuse 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 permit" means 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 defined in this chapter. 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
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as may reasonably assure 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 a
special use permit by the Mason County community department of community development.
"State Environmental Policy Act (SEPA)" means a Washington state law requiring the systematic assessment of the environmental impacts of
any action that is expected to significantly affect the environment.
"Structure" means 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 or signs seven feet or less in height, driveways, or other paved areas.
"Subdivision" means 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" means streams, rivers, ponds, lakes or other waters designated as "waters of the state by the Washington Department of
Natural Resources (WAC 222-16-030)."
"Temporary sign" means those signs associated with a particular event or short-term activity, such as, but not limited to; agricultural or
garage sales signs, festival, carnival or parade signs, political signs and real estate signs, which are to be removed within ten days when the
event or activity ends.
"Tertiary treatment" means the third step in purifying sewage that removes additional nutrient levels.
"Urban governmental services" means and includes 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" means 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 growth area" means those areas designated by a county pursuant to RCW 36.70A.110.
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r"Urban level of facilities and services" means 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" means 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" means 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" means region drained by or contributing water to a stream, lake or other body of water.
"Wetland or wetlands" means areas that are inundated or saturated by surface water or groundwater 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
nonwetland 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 highway. Wetlands may include those artificial wetlands intentionally created from nonwetland
areas created to mitigate conversion of wetlands. (RCW 36.70A.030)
(Ord. 73-07 Attach. B (part), 2007; Ord. 108-05 Attach. B (part), 2005).
(Ord. No. 134-08, 12-16-2008; Ord. No. 14-14, Att. A, 3-18-2014; Ord. No. 72-16, Att. A, 10-18-2016; Ord. No. 09-17, Attach. A, 3-17-2017)
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9/4/2018 Mason County,WA Code of Ordinances
REAR LOT LINE
(REAR YARD SETBACK
I
L
L
1
SIDE SIDE SIDS;
LOT YARD
LOT
LINT SETBACK LINE
I
I
FRONT YARD SETBACK
FRONT LOT LINEI
STREET
Figure 17.06A
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