Development Regulations (June 2009)

Development Regulations (June 2009)
1
MASON COUNTY
DEVELOPMENT REGULATIONS
[adopted as Ord. No. 82-96, as revised]
17.01 General Provisions
17.01.010 Purpose
17.01.020 Short Title
4
4
17.02 Development Areas Defined
17.02.010 General
17.02.020 Urban Growth Areas
17.02.022
Shelton UGA
17.02.024
Belfair UGA
17.02.026
Allyn UGA
17.02.030 Resource Lands
17.02.032
National Parks
17.02.034
National Forests
17.02.036
Long-Term Commercial Forests; Mineral Resource Lands
17.02.038
Agricultural Resource Lands
17.02.040 Rural Lands
17.02.041
Rural Residential
17.02.043
Rural Commercial
17.02.045
Rural Industrial
17.02.046
Rural Natural Resource
17.02.047
Rural Tourist
17.02.048
Master Planned Resort
17.02.049
Inholding Lands
17.02.060 Development Areas Map
17.02.062
Uncertainty of Boundaries
17.02.064
Changes in Boundaries
4
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17.03 Development Requirements
17.03.010 Permitted Uses, Generally
9
17.03.020 Matrix of Permitted Uses
9
17.03.021
Cottage Industries
9
17.03.020
FIGURE-Matrix of Permitted Uses
10
17.03.024
Residential Uses as Special Uses
15
17.03.025
Provisions for Airports
15
17.03.028
Essential Public Facilities
15
17.03.029
Accessory Dwelling Units
15
17.03.030 Development Requirements and Performance Standards
15
17.03.031
Binding Site Plan Required in the Belfair UGA
16
17.03.032
Development Densities and Dimensional Requirements
17
17.03.032
FIGURE-Development Densities Dimensional Requirements 22
17.03.033
Performance-Based Density Bonuses
23
17.03.034
Classification of Land Uses Established
23
17.03.034
FIGURE-Classification of Land Uses
24
17.03.035
Land Divisions in Resource Lands
23
17.03.036
Buffer and Landscape Requirements
25
17.03.037
Density Transfer and Agricultural Resource Lands
28
17.03.036
FIGURE-Buffer Yard Requirements
29
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
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17.03.040
17.03.105
17.03.200
17.04
Illustrations of Berms & Fences
17.03.038
FIGURE-Buffer Yard Standards
Off-street Parking
Motor Vehicle Impound Yards
Intent of Sign Regulations
17.03.201
Exemptions to the Sign Regulations
17.03.202
Prohibited Signs
17.03.203
Nonconforming Signs
Rural Lands Development Standards
17.04.200
Rural Residential
17.04.300
Rural Commercial
17.04.400
Rural Industrial
17.04.500
Rural Natural Resource
17.04.600
Rural Tourist
17.04.700
Master Planned Resort
17.05 Administrative Procedures
17.05.005 Structures and Uses
17.05.006
Review of Structures
17.05.010 Non-conforming Buildings and Uses
17.05.011
Applicability
17.05.012
Continuing Existing Uses
17.05.014
Alterations and Enlargements
17.05.016
Abandonment; Reconstruction
17.05.018
Change of Use
17.05.020 Temporary Uses
17.05.022
Temporary Construction Buildings
17.05.023
Temporary Construction Signs
17.05.024
Temporary Sales Office
17.05.025
Temporary Signs
17.05.030 Variances
17.05.031
Purpose
17.05.032
Use Variances Prohibited
17.05.034
Granting of Variances Authorized
17.05.035
Findings Required for Approval of a Variance
17.05.036
Procedural Requirements for a Variance
17.05.040 Special Uses
17.05.041
Purpose
17.05.042
Authority
17.05.044
Decision Criteria
17.05.046
Procedural Requirements for a Special Use Permit
17.05.070 Administration and Enforcement
17.05.071
Validity and Severability
17.05.072
Enforcement
17.05.079
Amendments
17.05.080 Rezone Criteria
17.06
Definitions
References
MASON COUNTY DEVELOPMENT REGULATIONS
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June 2, 2009
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17.07
17.08
Shelton Urban Growth Area Development Regulations
17.07.100
Neighborhood Residential
17.07.200
Low Intensity Mixed Use
17.07.300
General Commercial
17.07.400
Commercial Industrial
17.07.500
Airport Industrial
17.07.600
Industrial
17.07.700
Public Institutional
17.07.800
Landscaping and Screening
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Mason County Parking Standards
109
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
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17.01
General Provisions
17.01.010
Purpose
The purpose of this Chapter is to provide a framework for the development of land in Mason County;
and to assure that such development occurs in such a way that it protects private property rights and
existing land uses while also protecting natural resources, promoting economic growth and assuring the
compatibility of proposed land uses with existing ones.
17.01.020
Short Title
This title shall be known as the Mason County Development Regulations.
17.02
Development Areas Defined
17.02.010
General
For the purpose of regulating development activity within Mason County, the County is divided into
three general types of development areas. These areas contain characteristics which have been
identified in the Mason County Comprehensive Plan as worthy of preservation and/or enhancement,
and their designation herein is intended to promote orderly development in a manner which is
consistent with that Plan. The three area types, and their sub-types, are as follows:
17.02.020
Urban Growth Areas
Urban Growth Areas (UGA) are land areas identified as such in the Comprehensive Plan. These areas
have urban characteristics, but they currently lie outside of incorporated cities. In recognition of the
availability of urban services and the proximity to urban areas, these areas are designated to
accommodate the majority of the growth which is expected to occur within the County in the
foreseeable future. The widest variety of uses and the highest densities will be allowed in Urban
Growth Areas. Three UGA’s exist within the County: Shelton UGA, Belfair UGA, and Allyn UGA.
17.02.022
Shelton UGA
The Shelton UGA has separate development regulations to assure compatibility with the City
of Shelton as these properties are annexed into the city.
17.02.024
Belfair UGA
The Belfair UGA is a “stand-alone” area not affiliated with any incorporated city.
Development regulations for this area are intended to accommodate existing land use patterns
and densities, while planning for future growth.
17.02.026
Allyn UGA
The Allyn UGA is a “stand-alone” area not affiliated with any incorporated city. Development
regulations for this area are intended to accommodate existing land use patterns and densities,
while planning for future growth.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
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17.02.030
Resource Lands
The term “resource land” is used to cover a variety of land use types in areas, which have value due to
their soil types, ground cover, or capacity for mineral extraction. Lands with intrinsic value due to
aesthetic considerations are also included in this category. Examples of Resource areas are as follows:
17.02.032
National Parks
Lands set aside as National Parks are identified due to their natural or cultural value.
17.02.034
National Forests
National Forests are lands owned and managed by the federal government. These lands serve
important functions as a resource for the supply of forestry products. In addition, these lands
are recognized for their ecological value as wildlife habitat and other uses. As with National
Parks, these lands are unavailable for development.
17.02.036
Long-Term Commercial Forests; Mineral Resource Lands
These land designations are intended to recognize and protect unique resources that, due to the
nature of their operations, are sensitive to abutting land uses. This Ordinance sets forth
regulations intended to minimize the impact of intrusion of less compatible land uses upon
these land use types.
17.02.038
Agricultural Resource Lands
This designation is intended to recognize and protect unique resources that, due to the nature of
their operations, are sensitive to abutting land uses. This Ordinance sets forth regulations
intended to minimize the impact of intrusion of less compatible land uses upon the resource use
of the land.
17.02.040
Rural Lands
Rural land uses are divided into thirteen districts to reflect the diversity of existing development
patterns in the rural areas. There are five types of residential districts and four types of commercial
districts. The business districts are primarily intended to provide for the economic sustain ability of
existing commerce, which provide needed jobs, goods and services t the surrounding rural
populations. The business districts, however, are limited to small areas largely consisting of
existing development. All development in the rural lands must be sustainable without urban style
public services.
17.02.041
Rural Residential
There are five types of Rural Residential districts. These districts primarily provide for low
density residential use, but also provide for some rural uses such as hobby farms.
A.
Rural Residential 2.5 (RR 2.5)
This district provides for new residential subdivision, which exceeds a density of 2.5 acres
per residential lot, and where areas of small lot residential development and subdivisions
patterns were established before December 5, 1996.
B.
Rural Residential 5 (RR 5)
This district provides for new residential subdivision on parcels of 5 acres or more.
C.
Rural Residential 10 (RR 10)
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
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This district provides for new residential subdivision on parcels of 10 acres or more.
D.
Rural Residential 20 (RR 20)
This district provides for new residential subdivision on parcels of 20 acres or more.
E.
Rural Multi-Family (RMF)
This district provides for existing multi-family residential development including mobile
home parks.
17.02.043
Rural Commercial
There are four types of Rural Commercial districts. These districts provide for a variety of
commercial areas reflecting the diversity of existing business areas. Parcels with this
designation that are located within RACs, hamlets, ICIAs, and other areas designated under
RCW 36.70A.070(5)(d)(i) ("D1 LAMIRDs") shall be principally designed to serve the
existing and projected rural population. The County's primary method of such design is to
limit building size, height, and floor to area ratios so that businesses of such size and
intensity will ordinarily be oriented towards primarily serving the existing and projected
rural population. Isolated LAMIRDs ("D2 and D3 LAMIRDs") of a commercial nature are
not required to be principally designed to serve the rural population. These isolated
commercial LAMIRDs, however, shall protect rural character, which is defined at RCW
36.70A.030(14), by containing and limiting rural development, by not being in conflict
with surrounding uses and by assuring that such development is visually compatible with
the surrounding area. The County's primary method of achieving such purpose is by
providing for buffer yards, limiting the character of rezones, by limiting building size,
height, and floor to area ratios in such a way as to be appropriate for the rural areas. Public
services and facilities shall not be provided so as to permit low intensity sprawl.
A.
Rural Commercial 1 (RC 1) (See Section 17.04.320)
B.
Rural Commercial 2 (RC 2) (See Section 17.04.330)
C.
Rural Commercial 3 (RC 3) (See Section 17.04.340)
D.
Rural Commercial 4 (RC 4) (See Section 17.04.350)
E.
Rural Commercial 5 (RC 5) (See Section 17.04.360)
17.02.045
Rural Industrial
The Rural Industrial district provides for isolated areas of primarily existing industrial type
uses. Rural industrial is not required to be principally designed to serve the existing and
projected rural population. However, isolated LAMIRDs ("D2 and D3 LAMIRDs") of an
industrial nature shall protect rural character, which is defined at RCW 36.70A.030(14), by
containing and limiting rural development, by not being in conflict with surrounding uses,
and by assuring that such development is visually compatible with the surrounding area.
The County's primary method of achieving such purpose is by providing for buffer yards,
limiting the character of rezones, by limiting building size, height, and floor to area ratios
in such a way as to be appropriate for the rural areas. Public services and facilities shall not
be provided so as to permit low intensity sprawl.
17.02.046
Rural Natural Resource
The Rural Natural Resource (RNR) district provides for isolated areas of resource based
industry outside of the designated resource lands.
17.02.047
Rural Tourist
The Rural Tourism (RT) and Rural Tourist - Campground (RTC) districts provide small
scale recreational and tourist related activities in addition to tangential commercial services
to tourists and adjacent rural populations. Parcels with this designation that are located
within RACs, hamlets, ICIAs, and other areas designated under RCW 36.70A.070(5)(d)(i)
("D1 LAMIRDs") shall be principally designed to serve the existing and projected rural
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
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population. The County's primary method of such design is to limit building size, height,
and floor to area ratios so that businesses of such size and intensity will ordinarily be
oriented towards primarily serving the existing and projected rural population. Isolated
LAMIRDs ("D2 and D3 LAMIRDs") of a tourist nature are not required to be principally
designed to serve the rural population. These isolated commercial LAMIRDs, however,
shall protect rural character, which is defined at RCW 36.70A.030(14), by containing and
limiting rural development, by not being in conflict with surrounding uses and by assuring
that such development is visually compatible with the surrounding area. The County's
primary method of achieving such purpose is by providing for buffer yards, limiting the
character of rezones, by limiting building size, height, and floor to area ratios in such a
wayas to be appropriate for the rural areas. Public services and facilities shall not be
provided so as to permit low intensity sprawl.
17.02.048
Master Planned Resort
The Master Planned Resort district provides for self-contained and fully integrated planned
unit development in a setting of significant natural amenity, with the primary focus on
destination resort facilities consisting of short-term visitor accommodations associated with
a range of developed on-site indoor or outdoor recreational facilities.
17.02.049
Inholding Lands
Inholding lands are lands surrounded by long-term commercial forests, but which are not
suitable due to parcel size or other constraint for that purpose. Inholding lands may be
developed, but only in a manner, which assures the viability of the abutting forest land.
17.02.060
Development Areas Map
The location and boundaries of the development area districts established by this Title are as
indicated on a series of maps entitled "Mason County Development Areas Map Panel 1 of 10
through Panel 10 of 10”, a copy of which shall be on file in the Mason County Department of
Community Development. These maps are adopted as a part of this Title insofar as it indicates such
designations, locations and boundaries of zoning districts, and shall be deemed to be part of this
Title.
The zoning designation on the Development Areas maps are deemed to be the original zoning
designation of those parcels based on their use as of July 1, 1990 and all subsequently approved
rezones through May 20, 2008. The boundaries and locations of all Development Areas within the
County shall be as shown on this map; however, where land use designations shown do not reflect
the latest use designations, then the latest use designations shall control pending revision of the
Development Areas Map. All future rezones must meet the rezone criteria. Except to correct
scrivener's errors, expansions of a zoned area may only occur by rezone, where allowed by this
chapter, and may not be allowed by boundary line adjustment or other mechanism.
Wherever possible, boundaries shown on the map are drawn along property lines, or along
generally-recognized physical features. The Administrator shall have sole authority to settle any
dispute as to the actual location of a Development Area boundary shown on the map, using the best
information available.
17.02.062
Uncertainty of boundaries.
When uncertainty exists as to the boundaries of areas as indicated on the Development Areas
map, the following rules shall apply:
A.
All water areas, waterways, alleys, roads, streets, highways, railroads, and other
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
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B.
C.
D.
E.
F.
rights-of-way, if not otherwise specifically designated, shall be deemed to be in
the same development area district as the property immediately abutting upon
same.
Where district boundaries are indicated as approximately following the centerlines
of streets, alleys, railroads or waterways, such lines shall be construed to be such
boundaries.
Where district boundaries are indicated as approximately following the lines of
lots or other parcels of record the lot line shall be deemed to be the district
boundary.
Any development area district boundary shown extended to or into any body of
water bounding the county shall be deemed to extend straight to the county
boundary.
Distances not specifically indicated on the map shall be determined by applying the
scale of the map, and scaled to the nearest foot.
When two or more development areas divide a single parcel, development
regulations including density shall apply to the portions of the parcel as they are
zoned.
17.02.064
Changes in Boundaries
A.
Any change in any boundary shown on the Development Areas Map shall be made by
adopting an amended Development Areas Map. The procedure for such an
amendment is found in Section 17.05.079.
B.
No change in the boundary of any Development Area shall be approved unless such
change is found to be in compliance with the Comprehensive Plan.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
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17.03
Development Requirements
17.03.010
Permitted Uses, Generally
It is the intent of this Chapter to provide for the maximum amount of flexibility in the siting of differing
types of land uses. For this reason, the performance standards and buffer yard requirements found at
Section 17.03.036 have been developed. However, both the Comprehensive Plan and this Chapter
recognize that some uses and densities will create inherent conflicts with surrounding land uses, and
with the intent of the Comprehensive Plan. Thus, some uses are prohibited in some areas, and the
intensity of some uses (such as residential, expressed in dwelling units per acre, and industrial,
expressed in floor area ratio) are restricted in others. Many of the requirements that apply to Rural
Lands have been placed in Chapter 17.04.
17.03.020
Matrix of Permitted Uses
The intent of this section is to assist proponents and staff in determining whether a proposed land use is
consistent with the applicable policies of the Comprehensive Plan. Those policies were formed with
the intention to allow property owners and project proponents as much flexibility as possible in the use
of their property, within the constraints of the Growth Management Act. Therefore, the following
matrix identifies the permitted uses in the urban or resource land areas in Mason County; note that the
public should consult the specific adopted urban growth area plan for land use designation as permitted
or prohibited. Permitted uses, as they apply to Rural Lands, have been placed in Chapter 17.04. All
uses not listed as permitted uses, accessory uses, or special permit uses in the matrix or Chapter 17.04
are prohibited uses.
17.03.021 Cottage Industries
Unless noted by an asterisk (*) any use shown in FIGURE 17.03.020 is permitted in any
development area as a home-based occupation, or as a cottage industry. The activity shall comply
with the criteria in RU-524A, and shall be required to obtain a special use permit unless they
comply with the following standards:
A.
Parking areas shall accommodate residents and employees only; any provision for
additional parking shall require a Special Use Permit.
B.
The outdoor storage of merchandise or materials is allowed if they are not visible to the
public from off the site.
C.
A cottage industry shall involve the owner or lessee of the property who shall reside
within the dwelling unit, and shall not employ on the premises more than five (5) nonresidents. A temporary increase in the number of employees is permitted to
accommodate a business that is seasonal in nature. However, not more than five
additional persons shall be employed on a temporary basis (up to six weeks) without a
Special Use Permit.
D.
More than one business may be allowed, in or on the same premises provided that all of
the criteria are met for all business combined.
E.
There shall be no alterations to the outside appearance of the buildings or premises that
are not consistent with the residential use of the property, or other visible evidence of
the conduct of such cottage industry, other than one sign no larger than 12 square feet.
F.
No equipment or process shall be used in such home occupations which creates noise,
vibration, glare, fumes, odors, or electrical interference detectable to the normal senses
off the property.
G.
The cottage industry shall not create an increase of 5% or more in local traffic.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
X=Permitted Use T=permitted only as tourist related use R=permitted only as resource based use S=special use
permit required *=not allowed as cottage industry U= consult the specific adopted urban growth area plan and
development regulations for land use designation as permitted or prohibited.
[PLEASE NOTE: Rural Land Uses are addressed in Section 17.04]
MASON COUNTY
MATRIX OF PERMITTED USES
FIGURE 17.03.020
Land
Use
Classification (U)
Urban
Growth
Areas
Resource
Areas
Agricultural
Resource
Lands
Accessory apartment or use
I
X
X
X
Adult retirement community
III
X
Adult day-care facility (less than 8)
II
X
Adult-day care facility (greater than 8)
III
X
Description of Use
Agricultural buildings
I
X
X
Agricultural crops; orchards
I
X
X
X
X
Airport*
VI
X
Ambulance service
V
X
Animal Hospital
V
X
Aquaculture
IV
X
Assisted living facility*
III
X
Auction house/barn (no vehicle or livestock)
V
X
Automobile service station*
V
X
Automobile wash*
V
X
Automobile, repair
V
X
Automobile, sales*
V
X
Bakery
IV
X
Banks, savings & loan assoc.*
IV
X
Bed & breakfast
IV
X
Bicycle paths, walking trails
II, I
X
Billiard hall & pool hall*
V
X
Blueprinting & photostating
V
X
Boat yards*
V
X
Bowling Alley*
II
X
Buy-back recycling center*
V
X
Cabinet shops (see Industry, light)
V
X
Carpenter shops (see Industry, light)
V
X
Land
Use
June 2, 2009
Urban
Growth
MASON COUNTY DEVELOPMENT REGULATIONS
X
X
X
Resource
Agricultural
Resource
X=Permitted Use T=permitted only as tourist related use R=permitted only as resource based use S=special use
permit required *=not allowed as cottage industry U= consult the specific adopted urban growth area plan and
development regulations for land use designation as permitted or prohibited.
[PLEASE NOTE: Rural Land Uses are addressed in Section 17.04]
Description of Use
Classification (U)
Areas
Areas
Lands
Carport (accessory use)
I
X
X
X
Cemeteries*
I
X
Child day care, commercial*
II
X
Child day care, family
I
X
Church
II
X
Non-Profit Club or lodge, private*
IV
X
Commercial outdoor recreation
II
X
Confectionery stores (see Retail sales)
IV
X
Contractor yards
V
X
Convenience store, 3,000 sf or less
V
X
Cottage Industries
IV
X
Department stores (see Retail sales)*
V
X
Distributing facilities (see Industry, Light)
V
X
Drug stores (see Personal services)*
V
X
Dry cleaners (see Personal services)*
V
X
Dwelling, multi-family (4 family or less) *
II
X
Dwelling, multi-family (5 family or greater)*
III
X
(See Figure 17.03.034)
Educational Learning Center
X
X
X
X
X
X
II
X
X
S
Electric/neon sign assembly, servicing repair
V
X
Espresso Stands
IV
X
Fire Stations*
IV
X
S
S
Flea market
V
X
Food markets & grocery stores*
V
X
Forestry
VI
X
X
Freight terminal, truck*
V
X
Fuel storage tanks (underground, >500 gal.)
(accessory use)
I
X
X
X
Fuel storage tanks (underground, 500 gal. or less)
(accessory use)
I
X
X
X
Fuel storage tanks, above ground
(accessory use)
I
X
X
X
Furniture repair (see Industry, light)
V
X
Description of Use
Land
Use
Classification (U)
Urban
Growth
Areas
Resource
Areas
Agricultural
Resource
Lands
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
Dwelling, single-family
X=Permitted Use T=permitted only as tourist related use R=permitted only as resource based use S=special use
permit required *=not allowed as cottage industry U= consult the specific adopted urban growth area plan and
development regulations for land use designation as permitted or prohibited.
[PLEASE NOTE: Rural Land Uses are addressed in Section 17.04]
Garage, private (accessory to dwelling)
I
X
Garage, public parking
V
X
Gravel extraction*
VI
Greenhouses, private & non-commercial
X
X
R
I
X
X
X
Group homes
III
X
Hardware stores 3,000 sf or less
IV
X
Hardware stores more than 3,000 sf*
V
X
Health club*
V
X
Heavy Industry*
VI
X
Home occupation
I
X
X
X
Horticultural nursery, wholesale and retail
IV
X
X
X
Hospitals*
V
X
Hotel*
IV
X
Industry, light
V
X
Inn
IV
X
Kennels
IV
X
Libraries*
II
X
Liquor stores*
V
X
Livestock
IV
Locksmiths
IV
Logging
VI
Lumber yards*
V
X
Machine shops, punch press up to 5 tons (see Industry,
light)
V
X
Marina*
V
X
Medical-dental clinic
IV
X
Mining*
VI
Mobile home park*
III
X
Mobile Home Sales*
V
X
Mortuaries*
IV
X
Motel*
IV
X
Land
Use
Classification (U)
Urban
Growth
Areas
Motor vehicle impound yards (see Section 17.03.105) *
V
X
Non-automotive, motor vehicle and related equipment
V
X
Description of Use
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
X
X
X
R
R
X
R
Resource
Areas
Agricultural
Resource
Lands
X=Permitted Use T=permitted only as tourist related use R=permitted only as resource based use S=special use
permit required *=not allowed as cottage industry U= consult the specific adopted urban growth area plan and
development regulations for land use designation as permitted or prohibited.
[PLEASE NOTE: Rural Land Uses are addressed in Section 17.04]
sales, rental, repair and service
Paint shop (see Industry, light) *
V
X
Parcel service delivery (see Industry, light)
V
X
Parking area, private
I
X
Parking area, public
IV
X
Pasture
I
Pesticide application service (see Industry, light)
V
X
Pet shop
IV
X
Plumbing shop (see Industry, light)
V
X
Plumbing supply yards (see Industry, light)*
V
X
Post Office, branch or contract station
II
X
Post Office, distribution center or terminal*
V
X
Printing establishments
V
X
Professional offices
IV
X
Public parks
II
X
Public utility offices
I
X
Public utility service yard*
V
X
Radio & TV repair shops
IV
X
Radio & TV transmission towers (incl. cellular phone
towers)*
IV
X
Rail-dependent uses*
VI
X
Recreational Vehicle Park*
II
X
Resource Based Industry
VI
X
Restaurant*
V
X
Restaurants, drive-through*
V
X
Rifle Range *
VI
Sawmills
VI
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
X
X
X
X
X
X
X
R
R
X=Permitted Use T=permitted only as tourist related use R=permitted only as resource based use S=special use
permit required *=not allowed as cottage industry U= consult the specific adopted urban growth area plan and
development regulations for land use designation as permitted or prohibited.
[PLEASE NOTE: Rural Land Uses are addressed in Section 17.04]
Description of Use
Land
Use
Classification (U)
Urban
Growth
Areas
Schools, private, elementary or secondary
II
X
Secondhand store
V
X
Self-service storage facility*
V
X
Shoe stores or repair shop
IV
X
Signs
II
X
Small engine repair
V
X
Special Needs Housing
III
X
Stable
IV
Stationary store (see Retail sales)
IV
X
Studios (i.e. recording, artist, dancing, etc.)
IV
X
Taverns*
V
X
Theaters, enclosed*
V
X
Tool sales & rental
V
X
Tourist-related uses
V
X
Trailer-mix concrete plant* (resource-dependent use)
VI
Upholstering
V
X
Video store (rental, not adult) >3,000 sf*
V
X
Video store (rental, not adult) 3,000 s.f. or less
IV
X
Vocational school
II
X
Warehousing
V
X
Welding shops & sheets metal shops
V
X
Wholesale
V
X
Wrecking/Junk yards*
VI
X
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
Resource
Areas
Agricultural
Resource
Lands
X
X
R
- 15 17.03.024
Residential Uses as Special Uses
On any lot abutting a railroad track or airport, a Special Use Permit shall be required for a
residential use of that property. A residential dwelling located more than one hundred fifty (150)
feet from such a facility shall be exempt from this requirement, if the lot upon which the dwelling is
to be placed is located within an Urban Growth Area.
17.03.025
Provisions for Airports.
A.
Airports and heliports are a land use suitable for location within an urban growth area and
are not allowed as a cottage industry to another land use in the Rural Area.
B.
Airport overlay zones set out the standards for appropriate land uses and structure heights
within that overlay zone.
C.
Proposals to expand airport operation land uses or to develop new land uses in the airspace
and approach corridors shall be reviewed for compliance with subarea planning development
standards and with the policies of port comprehensive planning.
D.
Airplane landing strips and helistops used for commercial or industrial land uses may be
allowed with a Special Use Permit in Rural Tourist and Rural Industrial zones, are allowed in the
Rural Natural Resources zone, but are not otherwise allowed in the Rural Area.
17.03.028
Essential Public Facilities
Essential Public Facilities shall require a Special Use Permit in any development area.
17.03.029
Accessory Dwelling Unit Requirement
In Rural Lands, Accessory Dwelling Units (ADU) must meet the following requirements.
A.
B.
C.
D.
E.
F.
G.
H.
I.
17.03.030
The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction it
is subject to a shoreline permit.
The owner of the ADU must reside on the lot in either the principal residence or ADU.
The ADU shall be located within 150 feet of the principal residence or shall be a
conversion of an existing detached structure (i.e. garage).
The ADU shall not exceed 80% of the square footage of the habitable area of the
primary residence or 1000 feet, whichever is smaller.
All setback requirements must be met by the ADU.
All applicable health district standards for water and sewer must be met by the ADU.
No recreational vehicles shall be allowed as ADU.
Only one ADU is allowed on any property.
An additional off-street parking space must be provided for the ADU.
Development Requirements and Performance Standards
The following development requirements and performance standards apply to all property proposed for
development, which is within the boundary of Mason County’s Urban Growth Areas (UGA) No
development approval shall be given, and no building permit shall be issued, unless the proposed
development complies with the provisions of this Chapter.
A.
New Lots
1. No new lots will be created within the boundaries of the Belfair and Allyn Urban Growth Area
(UGA), which employ individual or community/group on-site sewage disposal systems.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 16 2.
All residential subdivisions created after the adoption of this chapter, shall have a residential
urban density of at least four units/acre.
3. Location of sewer lines will be pre-located and easements established in conformance with the
Sewer Analysis Plan and as illustrated on the Belfair UGA Build-Out Sewer Connection Map.
B. Existing Lots of Record
1. No new development or redevelopment on existing lots of record in the Belfair UGA shall be
allowed using individual or community/group on-site septic systems except that:
(a) New development or redevelopment using an existing (as of 4-8-08), approved on-site or
community/group system may be allowed provided that no expansion of the capacity of on-site
system is needed to serve the redevelopment and provided that the public sewer system has not
been extended to within 500 feet of the property line, and
2. All residential, industrial and commercial development, currently using on-site disposal systems,
will be required to connect to public sewers once a public system is extended to within 500 feet of
the closest property line regardless of the timing of the original on-site installation. The cost of any
extension required will be borne by the property owners. The developer of an extension may
collect latecomer’s fees for off site improvements.
3. All existing permits for the installation of on-site systems, which have been approved but have not
been installed, shall be declared void at such time the sewer is within 500 feet of the closest
property
line.
C. Existing Lot Consolidation or Boundary Adjustment
Within the Belfair and Allyn UGA, consolidation of existing residential lots to form a single lot
greater than 8,000 sq. ft, will not be allowed except to the extent that site conditions and site
constraints impede the individual development of the lots combined by the consolidation, in
accordance with Section B above.
17.03.031
Binding Site Plan Required in the Belfair UGA (Southern Connection – Long Term
UGA Zone)
A.
Within the Southern Connection – Long Term UGA Zone development may be allowed
with the use of an on-site system when:
1. Complies with the applicable health regulations and other Mason County building
regulations; e.g. critical areas, storm water management, etc.
2. A binding site plan is submitted which provides for future sewer pipelines and other
utilities in accordance with the Belfair UGA Build-Out Sewer Connection Map.
3. Demonstrates that development at the minimum density allowed within the zone could be
achieved once public sewer and/or water would be available to serve the project site.
4. The development density does not exceed 1 unit/5 ac.
B.
The binding site plan prepared under this section and reviewed and approved by the
Director, shall address the following: buffers, landscaping, traffic access and parking standards,
sewage disposal provisions, height and scale in relation to surrounding uses and future uses,
vegetation removal, storm water, potable water, and lot coverage.
C.
Development of the site shall be consistent with the approved site plan. The Director may
allow minor modification to the site plan, provided that all other regulations and conditions
placed on the approval are met.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 17 17.03.032
Development Densities and Dimensional Requirements
A.
Development Densities. Development densities for residential development are calculated as the
allowed number of dwelling units per acre (DU/ac). For non-residential development,
development densities are calculated as the amount of building floor area allowed per gross
acre of land, the “floor area ratio” (FAR). For all Development Areas within the County, these
development densities are shown in FIGURE 17.03.032 or are included in Chapter 17.04 for
Rural Lands.
B.
This chapter regulates residential lot development through the use of Standard Residential
Density limits and Maximum Residential Density limits, as contained in Figure 17.03.032 and
Chapter 17.04. The Standard Residential Density shall be applied as follows:
1.
On a lot existing at the time of the initial adoption of this chapter (June 17, 1998) and
otherwise suitable for residential use, the Standard Residential Density limit is used to
determine the allowed number of dwelling units on the site. For example, in the Rural
Residential 5 zone the Standard Residential Density is one dwelling unit per five acres.
Therefore, a lot of five acres would comply with the Standard Residential Density requirement
for one dwelling.
2.
If said existing lot does not have an adequate area to comply with the applicable
Standard Residential Density requirement, then one dwelling unit may be allowed. For
example, in the Rural Activtiy Centers the Standard Residential Density is one dwelling unit
per 2.5 acres. Therefore, if a lot was less than 2.5 acres, a dwelling unit may be allowed,
provided that the lot could comply with all other applicable standards and requirements.
3.a.
Except through an approved subdivision or performance subdivision, pursuant to
Mason County Code Title 16, or through the provisions of 3b, 3c, or 3d below, no residential
lot of less than the Standard Residential Density may be created or reduced in size. The
allowed residential density (allowed number of dwelling units) of the entire original property is
allocated to the lots created. For example, in the Rural Residential 5 zone, the Standard
Residential Density is one dwelling unit per five acres. Therefore, a Rural Area property or
parcel of 20 acres might be divided into three lots of two acres each and one lot of 14 acres,
provided that the 14 acre lot would have the right to only one dwelling, and could not be
further subdivided for residential purposes.
3.b
If a lot has more than one, but not more than four existing residential dwellings, then
the Administrator may approve the division of the lot in a manner that establishes each
dwelling on a separate lot. Provided that:
(1).
(2).
(3).
(4)
Any new lot created by this method shall be considered a conforming lot.
The provisions of this section shall apply only to lots and dwellings that were
legally created and built.
The provisions of this section shall not apply to dwellings that were permitted as
accessory dwellings or temporary dwellings.
In approving such a subdivision of land, the Director shall make the following
determinations:
(a) Each dwelling shall have access by frontage or easement to a public way;
(b) Each dwelling shall be connected to a septic system or sewer line adequate
toserve the dwelling;
(c) Each dwelling shall be served by a sufficient supply of potable water; and
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 18 (d) The division of land shall occur in a manner that minimizes any nonconformity related to minimum lot size or setback requirement.
3.c
Boundary line adjustments.
(1) Boundary line adjustments to existing lots in rural residential districts may
reduce the size of a lot that is already non-conforming as to density provided
that the lot is not reduced below the minimum lot size of 2 acres.
(2)
Boundary line adjustments in rural residential districts for existing lots under
2 acres may reduce the size of the existing non-conforming lot, provided that:
(i) the adjustment is solely for the purpose of resolving issues of
encroachments by buildings or other improvements; the Administrator
finds sufficient evidence of the encroachment and the proposed
adjustment is the minimum necessary to resolve the issue, or a court
must order the change; and the resulting lot has a sufficient area and
dimension to meet minimum requirements for width and area for a
building site and comply with all setback, buffer, and open space
requirements to accommodate a residence, driveway, parking, and,
where required, a well, stormwater system, and septic system and
reserve area; or
(ii) the new boundary recognizes a logical physical boundary or condition;
the net reduction does not exceed 20 percent of the area of the lot; and
the resulting lot has a sufficient area and dimension to meet minimum
requirements for width and area for a building site, exclusive of all
setback, buffer, and open space requirements, to accommodate a
residence, driveway, parking, and, where required, a well, stormwater
system, and septic system and reserve area.
(3)
Boundary line adjustments in rural residential districts may reduce the size of
a lot currently 2 acres or larger to below the minimum lot size of 2 acres,
provided that: the adjustment is solely for the purpose of resolving issues of
encroachments by buildings or other improvements; the Administrator finds
sufficient evidence of the encroachment and the proposed adjustment is the
minimum necessary to resolve the issue, or a court must order the change; and
the resulting lot has a sufficient area and dimension to meet minimum
requirements for width and area for a building site, exclusive of all setback,
buffer, and open space requirements, to accommodate a residence, driveway,
parking, and, where required, a well, stormwater system, and septic system
and reserve area.
(4)
Boundary line adjustments in the Rural Residential 5, 10, and 20 districts may
reduce the size of a lot to below the development density standard, provided
that: the adjustment is solely for the purpose of resolving issues of
encroachments by buildings or other improvements; the Administrator finds
sufficient evidence of the encroachment and the proposed adjustment is the
minimum necessary to resolve the issue, or a court must order the change; and
the resulting lot has a sufficient area and dimension to meet minimum
requirements for width and area for a building site, exclusive of all setback,
buffer, and open space requirements, to accommodate a residence, driveway,
parking, and, where required, a well, stormwater system, and septic system
and reserve area.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 19 (5)
The Administrator may allow expansion of existing lots through boundary
line adjustments into adjoining land use districts without requiring compliance
with lot size or density requirements of the adjoining district, provided that the
adjustment is solely for the purpose of resolving issues of encroachments by
buildings or other improvements. In order to approve the adjustment, the
Administrator must find sufficient evidence of the encroachment and the
proposed adjustment is the minimum necessary to resolve the issue, or a court
must have ordered the claim. The Administrator shall keep a docket of such
approvals for consideration as map amendments at the next annual review.
(6)
When land is transferred from an existing lot that does not meet the density
requirement to another lot under this provision, no rights to increase density
are transferred with the land.
(7)
Where one or more property owner(s) own two or more adjacent lots which
are all deemed buildable by Mason County, and of which at least one is
conforming in size, Mason County may approve a boundary line adjustment
that results in the same number of conforming lots and does not create any
lot less than the size of any original non-conforming lot.
3.d.
When property is acquired in fee ownership by the public for public purposes by
condemnation or other means:
(1) no existing lot shall be reduced in dimension or area such that it does not have
an adequate area, exclusive of all setback, buffer, and open space requirements,
to accommodate a residence (or other building where residential use is
prohibited), driveway, parking, and, where required, a well, stormwater system,
and septic system and reserve area; and
(2)
no rural residential district lot shall be divided in such a manner that the total
number of residential units allowed after the acquisition would be greater than
the total number of residential units allowed prior to the acquisition, but outlots
may be created.
(3)
Acquisition of an easement for road right-of-way does not divide the property.
4.
Title 16, Mason County Code, regulates land divisions in Mason County and
establishes a review process by which all applicable regulations can be addressed. The
allowable size and configuration of any given lot in a land division is determined through this
process. Issues to be considered in establishing a minimum size for any particular lot shall
include adequate provisions for buffer yards, as set forth in Section 17.03.036 or setbacks in
Chapter 17.04.
5.
Redesigning an undeveloped plat or groups of contiguous lots:
(a) Defining the number of lots involved:
In existing (as of June 17, 1996) contiguous lots in Rural Areas that are principally
undeveloped, owner(s) may plat or re-plat the contiguous lots and may preserve some of
the allowed density of the nonconforming existing lots as follows:
(1)
For the non-conforming lots, one lot for every four existing lots, or one lot
per 2.5 acres, whichever is the greater number of lots; provided that
existing lots greater than 2.5 acres shall not count for more than one lot in
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 20 (2)
the proposed plat or re-plat.
For conforming lots that are included in the plat or groups of contiguous
lots, the acreage of those lots is as determined by the density allowed in the
designated zone. Areas proposed to be dedicated for public roads are to be
included in the 2.5 acres per lot standard for determination of the number
of lots allowed in the re-plat of lot layout.
(b) Criteria for proposed lot design for lots less than 2 acres in size.
The layout of lots that are less than 2 acres in size set forth in (a) above should use the
following standards:
(1) Designation of Primary Conservation Areas (when present). Primary
Conservation Areas, as defined in M.C.C. Title 16, Plats and Subdivisions,
shall be clearly identified, and shall be set aside as permanent open space.
Primary Conservation areas shall be included in the calculation of both
standard and maximum density allowed, but they shall not be used in
calculating the percentage of permanent open space required.
(2) Designation of Secondary Conservation Areas (when present). Secondary
Conservation Areas, as defined in M.C.C. Title 16, Plats and Subdivisions,
shall be identified and shall, to the greatest extent possible, be avoided as
development areas. At least ten (10%) percent of the buildable area of the
property be set aside as permanent open space. Buildable area excludes
Primary Conservation Areas, but includes Secondary Conservation areas.
(3) When applicable, the design of an open space area should address the
following:
i. Interconnection with designated open space on abutting properties;
ii. The preservation of important site features, such as rare or unusual
stands of trees, unique geological features, or important wildlife
habitat;
iii. Direct access from as many lots as possible within the development;
and
iv. Minimizing the fragmentation of the open space areas. To the greatest
extent possible, the designated open space should be located in large,
undivided areas.
v. A curvilinear roadway design which minimizes the visual impact of
houses as may be seen from the exterior of the site.
(4) When applicable, the design of the proposal should avoid the following:
i. The interruption of scenic views and vistas;
ii. Construction on hill tops or ridge lines;
iii. Direct lot access or frontage on existing public ways;
iv. A “linear” configuration of open space (except when following a linear
site feature, such as a river, creek or stream).
(5) Lots intended for residential use of less than 20,000 square feet area are not
allowed; and
(6) Residential lots shall be grouped into clusters of two to eight lots with an open
space separation of at least 100 feet between clusters.
(c) Transfer of density derived from this review.
Upon analysis of all of the opportunities and constraints identified on a specific group of
parcels of land, if it is determined that the use of the provisions set forth in this Chapter will
not result in the use of the maximum density allowed, then the applicant shall have the right
to transfer any unused development density to any parcel of land located in an Urban Growth
Area. By use of this transfer right, maximum density allowed in the Urban Growth Area
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 21 may be exceeded by up to fifty (50%) percent.
A.
Dimensional Requirements. Dimensional requirements include setbacks, building height
restrictions, and maximum allowed lot coverage. These requirements for each Development Area
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
4 du/ac
Allyn Urban Growth Area (U)
1 du/5 ac
(a)
1 du/5 ac
(a)
1 du/40 ac
6 du/ac
6 du/ac
8 du/ac
Maximum
Residential
Density
1:20
1:20
n/a
1:2
1:1.5
1:1.5
Standard NonResidential
Density***
(Floor Area
Ratio)
10,000 sf
n/a
n/a
10,000 sf (2)
n/a
n/a
Maximum
Building Size
35'*
35'*
35'*
35' (1)
35'
35'
Maximum
Building
Height
**
**
**
**
**
**
Setback
Requirements
June 2, 2009
resource-based activities are exempt from this requirement
(x)
clustering of residential development is required
see buffer yard standards
(a)
see the density provisions of section 17.03.037
fire stations exempt from this requirement
except that the maximum building height in the Allyn UGA is 25 feet East of State Highway 3 between Wade Street and
Evans Street (which is known as Lakeland Drive)
may be increased to 20,000 sf with a Special Use Permit
MASON COUNTY DEVELOPMENT REGULATIONS
(2)
*
**
***
(1)
FOR DEVELOPMENT STANDARDS IN RURAL AREA, SEE CHAPTER 17.04
U= consult the specific adopted urban growth area plan and development regulations for density and dimensional requirements for the applicable zone
designation.
In-Holding Lands
Agricultural Resource Lands (x)
1 du/40 ac
4 du/ac
Belfair Urban Growth Area (U)
Mineral Resource Areas (x)
4 du/ac
Standard
Residential
Density
Shelton Urban Growth Area (U)
Description of Use
Figure 17.03.032 Development Densities; Dimensional Requirements
- 22 -
- 23 are set forth in FIGURE 17.03.032; consult the specific adopted urban growth area plan for
density and dimensional requirements for the applicable zone designation.
Maximum height restrictions shall not apply to storage silos, antennas, transmission towers,
water tanks on lands in all zones and on Resource Lands; and shall not apply to incineration
facilities, boilers, electrical or generating plants, or industrial facilities on lands zoned as
industrial areas.
17.03.033
Performance-Based Density Bonuses
Where they are greater than the standard residential densities, the “Maximum Residential
Densities” shown in FIGURE 17.03.032 and in Chapter 17.04 may be achieved only through the
use of the performance standards set forth herein and in Title 16, or through the provisions
contained in Section 17.03.037 of this chapter. These standards are designed and intended to
encourage the preservation of the character of the land surrounding the proposed land use. The
achievement of these bonuses will, in most cases, require an analysis of the land to document
existing conditions, opportunities and constraints. Use of this information will assist in
determining the most appropriate development pattern for each individual site.
17.03.034
Classification of Land Uses Established
In order to determine the compatibility of differing land uses, and to minimize the impacts that
development may have on abutting property, all land uses permitted in Mason County are
classified into six categories. Those categories are illustrated in FIGURE 17.03.034.
17.03.035
Land Divisions in Resource Lands
A.
Cluster development, as provided in Chapter 16.23, Mason County Code, is required for
all residential subdivisions or short plats located in the following development areas:
Agricultural Resource Lands, Long-term Commercial Forests, and Mineral Resource
Areas.
1.
No lot for which the construction of a residential dwelling is proposed under
this Section and Chapter 16.23, Mason County Code, shall exceed two acres in
gross land.
2.
In Agricultural Resource Lands, no open space lot shall be less than ten (10)
acres, as defined in Section 16.23.035, Mason County Code.
B.
Land Divisions for purposes other than residential development shall have a minimum
lot size of 10 acres for Agricultural Resource Land; provided, however, that lots created
for and restricted to the use of fire stations or for utilities are not required to meet the
minimum lot sizes defined in this section.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 24 FIGURE 17.03.034
Classification of Land Uses
Category I
Open Space
• Passive recreation areas
• Walking or hiking trails
• Cemeteries
•
•
•
RV parks
Bed and Breakfast, 12 or fewer
guest rooms
Vacant land
Category III
Residential, Type I
• Detached, single-family
dwelling; 1du/20 ac. or greater Residential, Type III
• Attached or detached single• Accessory apartment
family dwellings, more than 1
• Home occupation
du/ac
• Child day care, family
• Multi-family dwellings
• Mobile home parks
Agriculture, Type I
•
•
•
•
•
•
Crops
Orchards
Vineyards
Pasture
Farm stands
Greenhouses, no sales to the
public
Category II
Residential, Type II
• Detached, single-family
dwelling; 1du/ac. to 1du/20 ac.
• Two to four-family dwelling;
1du/ac. or greater
Public Institutional
• Schools
• Churches
• Libraries
• Post Offices
Recreation
• Parks
• Active recreation areas
• Bicycle/equestrian trails
Group Care Facilities, Type I
• Adult-day care facility
• Child day care, commercial
• Group homes
Group Care Facilities, Type II
• Adult retirement communities
• Assisted living facilities
Animal clinics
Automobile service station
Vehicle sales
Vehicle repairs
Auction house
Contractor yards
Home and garden centers
Health clubs
Wholesale
Boat yards/marinas
Mobile home sales
Industrial, Type I
• Warehouse, distribution
• Light Industry
• Wholesale
Category VI
Category IV
Lodging, Type II
• Bed and Breakfast
• Motel
• Boarding House
• Hotel
Commercial, Type I
(hours of operation limited to
7:00a.m. to 8:00p.m.)
• Professional offices
• Retail, less than 10,000 s.f.
• Medical clinics
• Banks
Agriculture, Type II
• Greenhouses
• Nursery yards
• Livestock
• Kennels
• Parking Areas, Lots
• Cottage Industries
Category V
Commercial, Type II
• Retail, general
• Hospitals
MASON COUNTY DEVELOPMENT REGULATIONS June 2, 2009
Lodging, Type I
• Campgrounds
•
•
•
•
•
•
•
•
•
•
•
Industrial, Type II
• Heavy industry
• Mining, extraction
• Airport
Agriculture, Type III
• Forestry
• Logging
Rifle range
Wrecking/junk yard
- 25 17.03.036
Buffer and Landscape Requirements
As a method for allowing the placement of differing land uses adjacent to one another, buffer
yards shall be required. These requirements do not apply to a) urban growth areas, where the
public should consult the specific adopted urban growth area plan for density and dimensional
requirements for the applicable zone designation and b) Rural Lands, where the standards
included in Chapter 17.04 shall be applied. Subsection (F), the additional requirement for land
adjacent to Agricultural Resource lands, continues to apply to Rural Lands. The location, size
and type of buffer yard shall be determined by comparing the category of the proposed land
use with the categories of all abutting land uses, in accordance with FIGURE 17.03.036. Buffer
yard requirements are stated in terms of the number of plant units required per one hundred
(100) linear feet of buffer yard. Any land set aside as a buffer yard may be used in calculating
the development density of a parcel of land.
A.
It is the intent of this section that the establishment of any buffer yard pursuant to the
criteria set forth herein will result in full compliance with the standards for maximum
environmental noise levels as set forth in WAC 173-60. Buffer yards exceeding the
minimum requirements of this Section may be required in the event that maximum
environmental noise level requirements are not met. It shall be the sole responsibility
of the owner of the property upon which the buffer yard is established to assure
compliance with these state-established noise levels.
B.
Determination of Buffer Yard Requirements. To determine the type of buffer yard
required between two adjacent parcels, or between a parcel and a street, the following
procedure shall be followed:
C.
1.
Identify the land use category of the proposed use by referring to FIGURE
17.03.034.
2.
Identify the uses of all adjacent properties by on-site survey.
3.
Identify the land use categories of all adjacent parcels by referring to FIGURE
17.03.034.
4.
Determine the buffer yard required on each boundary (or boundary segment)
by referring to FIGURE 17.03.036.
Responsibility for buffer yard.
1.
When a use is the first use to develop on one of two adjacent, vacant parcels,
the first use shall provide the buffer which FIGURE 17.03.034 requires next to
vacant land. The second use to develop shall, at the time of its development,
provide all additional plant material and/or land necessary to provide the total
buffer yard required between those two uses.
2.
When an existing use changes to a higher intensity use as determined by
FIGURE 17.03.034, all of the buffer yard requirements of this Chapter shall be
met.
3.
When an existing use expands, the Administrator shall determine whether the
extent and location of the expansion shall require conformity with this
Chapter. In making such determination, the Administrator may consider the
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 26 size, location and purpose of the expansion, the relationship of any
existing structures to the expansion, and the nature of surrounding land uses.
D.
Exemption from Buffer Yard Requirements. When a land use requires direct and
unobstructed access to an adjacent transportation facility such as a railroad or airport,
the requirements of this Chapter shall be waived to the extent necessary to allow for
such access.
E.
Use of Existing Materials.
F.
1.
Existing, healthy plant materials on a parcel may be used to meet the
requirements of this Chapter.
2.
Any open space created pursuant to Chapter 16.22 may be used to meet the
requirements of this Chapter.
3.
Any wetland or associated buffer set aside pursuant to any federal, state or
County environmental regulation may be used to meet the requirements of
this Chapter.
Additional requirements for Agricultural Lands
For lands adjacent to Agricultural Resource Lands, in addition to the bufferyard
requirements otherwise required, all structures or uses shall maintain a minimum
setback of one hundred (100) feet from designated agricultural tracts for land
designated as Urban Growth Areas, Rural Activity Centers or Rural Community
Centers, or fifty (50) feet for lands designated as Rural Areas, except for any structure
or uses which have been identified as permitted uses in Agricultural Resource Lands.
Residential clusters created on lands adjacent to Agricultural Resource Lands through
a performance subdivision as provided in Chapter 16-22, MCC, shall be separated
from the Agricultural Resource land by the designated open space areas to a minimum
width of one hundred (100) feet on lands designated as Urban Growth Areas, Rural
Activity Centers or Rural Community Centers, or fifty (50) feet for lands designated as
Rural Areas.
G.
Required Plant Material Specifications. FIGURE 17.03.039 identifies the minimum
sizes of the various types of plant materials required under this Chapter.
H.
Substitution of Plant Materials.
I.
1.
In buffer yards D, E, and F, evergreen canopy or evergreen under story trees
may be substituted for deciduous canopy or under story without limitation.
2.
In buffer yards A, B, and C, up to fifty (50%) percent of deciduous canopy or
under story may be substituted with evergreen canopy or under story.
3.
In all buffer yards, evergreen or conifer shrubs may be substituted for
deciduous shrubs without limitation.
Maintenance of Plant Materials.
1.
All planting materials required by this Section shall be maintained by the
property owner in a
manner to assure the health of the planting, and to
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 27 assure that the buffer yard continues to serve its intended function.
2.
J.
K.
L.
If any required planting materials shall cease to serve their intended function
due to size, age or health, the property owner shall replace such planting
material with the same or similar plant types, as provided herein.
Variations of buffer yard requirements.
1.
In all buffer yards, planting requirements may be reduced by twenty-five
(25%) percent by increasing the width of the buffer by fifty (50%) percent.
2.
In all buffer yards, the required width of the buffer yard may be reduced by
fifty (50%) percent by increasing the amount of plantings by one hundred
(100%) percent.
3.
In buffer yards A and B, the buffer yard width OR the amount of planting may
be reduced by fifty (50%) percent if any fence or berm shown in FIGURE
17.03.037 is used.
4.
In buffer yard C, the buffer yard width OR the amount of planting may be
reduced by fifty (50%) percent if a structure F3 or above is used.
5.
In buffer yard D, the buffer yard width OR the amount of planting may be
reduced by fifty (50%) percent if a structure F4 or B2 or above is used.
6.
In buffer yards E and F, the buffer yard width OR the amount of planting may
be reduced by fifty (50%) percent if a structure F6 or BW1 is used.
Uses allowed in a buffer yard.
1.
Where a wetland or open space set aside for any other purpose is used as a
buffer yard, any use normally allowed in such wetland or open space may be
allowed also within the buffer yard, except that mining, logging, or other
forestry activities shall not be permitted in a buffer yard.
2.
Required stormwater facilities may be located within buffer yards, provided
that the landscaping of such facility complies with the requirements of this
Section.
In the determination of applicable buffer yards, either through this subsection or in
Chapter 17.04, the front yard setback shall not be less than 10 feet, except by the
granting of a variance (Section 17.05.030).
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 28 17.03.037
Density Transfer and Agricultural Resource Lands
The following provisions apply only to Agricultural Resource Lands or to land in the Urban Growth
Area which has received a transfer of density as herein described:
A.
The standard residential density allowed for development on Agricultural Resource Lands
is one dwelling unit per 10 acres, except as otherwise provided in this section.
1.
Resource subdivisions or short plats in Agricultural Resource Lands are subject to
the cluster subdivision provisions of Chapter 16.23 of the Mason County Code.
The maximum allowed density of such cluster subdivisions is one dwelling unit per
five acres. The maximum number of residential lots that may be created, not
including any lots restricted to agricultural/open space use, is equal to the number
of dwelling units allowed. However, where there was a single family dwelling on
the property as of December 30, 1997, then an additional residence lot may be
created, subject to the following:
a.
Only one such additional lot may be created for all land which was
contiguous and in and in the same ownership as of December 31, 1997.
b.
Each residence existing or vested at the time of application for the land
division shall be each placed on their own residential lot.
2.
Each residential lot created as provided in subsection 17. above, is allowed one
dwelling unit
B.
Agricultural Resource Lands are hereby granted an additional density of one dwelling unit per five
acres, except that those Agricultural Resource lands which lie within an Urban Growth Area are
granted an additional density of four dwelling units per acre, provided that, in both cases, this
additional density shall only be used if transferred to land which is not Agricultural Resource Land
but which is within the Urban Growth Area.
C.
Part or all of the Agricultural Resource Lands maximum allowed residential density may be
transferred for use on land which is not Agricultural Resource Land but which is within the Urban
Growth Area rather than used on the originating property.
D.
In the Urban Growth Areas, density transfer under the provisions of this Section may be used on the
receiving property in order to allow residential development up to the “Maximum Residential
Density,” shown in figure 17.03.032, without a performance based subdivision and without
compliance with the performance standards or criteria for such subdivisions as established in Chapter
16.22 of the Mason County Code.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 29 -
Figure 17.03.036
Buffer Yard Requirements
Adjacent Existing Land Use Classification
Proposed Land Use
Intensity Class
I
II
III
IV
V
VI
I
II
III
IV
V
VI
A
B
C
D
E
F
B
A
B
D
D
F
C
B
A
C
D
E
D
D
C
B
D
E
E
D
D
D
C
D
F
F
E
E
D
D
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
8'
F4
8'
F6
MASON COUNTY DEVELOPMENT REGULATIONS
Masonry Wall
(Poured Concrete, Cement
Block, Brick, etc)
6'
F5
Wood Stockade
6'
Wood Rail
48"
F3
F2
Wood Picket
June 2, 2009
44"
F1
BW1
BW2
BW3
4' Berm w/6' Masonry Wall
5' Berm w/7' Masonry Wall
6' Berm w/8' Masonry Wall
Earth
Material
Less Intensive | More Intensive
BERM WALLS
4'
5'
6'
Height
Berm Height
B1
B2
B3
Symbol
Height
Symbol
Material
BERMS
FENCES
Figure 17.03.037
Illustrations of Berms & Fences
- 30 -
0.6
1
0
0
5’
no
2 inch caliper
8 feet height
6 feet height
6 feet height
2 gal (24 inches height)
2 gal (18 inches height)
1 gal (15 inches height)
1 gal (12 inches height)
All Other Plantings
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
4
6
24
12
25’
F4 or B2*
Bufferyard E
1 ½ inch caliper
6 feet height
4 feet height
4 feet height
Planting in Buffer Yards
abutting Vacant Lands
3
6
9
0
20’
F3 or B1*
Bufferyard D
NOTE: These requirements refer to the minimum size of plant materials at the time of planting.
Canopy Tree (Deciduous)
Single Stem
Multi-Stem Clump
Under story Tree (Deciduous)
Evergreen
Shrub
Deciduous
Evergreen
Plant Material Type
2
4
6
0
Bufferyard
C
15’
No
Figure 17.03.039
Plant Material Types
1
2
3
0
10’
no
Bufferyard B
* see FIGURE 17.03.037 for structure details.
EVERGREENS
SHRUBS
UNDER STORY TREES
CANOPY TREES
PLANT UNITS/100’
STRUCTURE
REQUIRED
Buffer Width
Bufferyard A
FIG. 17.03.038
BUFFER YARD STANDARDS
8
12
48
24
50’
F5 or B3*
Bufferyard F
- 31 -
- 32 17.03.040 Off-Street Parking.
A)
Parking requirements for all land uses will follow the standards from Chapter 17.08,
Mason County Parking Standards.
B)
In all Rural Residential zones and Inholding Lands:
1) no parcel without a residence shall have more than 3 vehicles located on the parcel.
2) no parcel having a residence shall have more than 10 vehicles located on the parcel.
3) the limits of criteria 1) and 2) above apply regardless of the specific vehicles on the
parcel or whether the vehicles are moved around on the parcel.
4) vehicles contained in permitted residential garages or enclosed buildings approved for
occupancy Group U-1 (motor vehicle storage) and having a complete floor surface
and floor drainage that contains any fluids from infiltrating into the ground, shall not
be counted or included in the limits of criteria 1) and 2) above.
5) all vehicle accumulations on a parcel made non-conforming by these regulations shall
be removed from the parcel by July 1, 2004.
6) these limits shall apply to vehicles located on a parcel for more than seven (7) days.
7) a residence is defined in this section as a site-built, manufactured, or modular home
permanently installed on the parcel.
8) vehicles in this section include, but are not limited to, cars, trucks, vans, buses,
recreational vehicles, trailers, all-terrain vehicles, motorcycles, watercraft, airplanes,
and earthmoving, logging, or construction equipment, but does not include farm
equipment.
9) adjoining parcels of common ownership (not separated by state or county road) shall be
considered part of the same parcel for the purposes of this section.
17.03.105
Motor Vehicle Impound Yards.
Motor vehicle impound yards and their accessory structures are permitted in designated Urban
Growth Areas at sites which are designated for industrial or commercial/industrial mix on the Mason
County Comprehensive Plan Future Land Use Map for the respective Urban Growth Area, as
amended.
A.
When the adjacent parcel is 1) designated industrial and either vacant or in industrial use, or
2) designated commercial/industrial mix and in industrial use, then the standard F3 fence
shall be required along the property line with such uses.
B.
When the adjacent parcel does not meet the requirements stated in A., then the proposed
impound yard shall be enclosed within a structure, or the operation shall be contained
within one of the following buffers:
1) a minimum 20 foot wide buffer consisting of a type F4 fence on the project side of the
buffer, together with a type B1 berm and plants as specified in Bufferyard E, planted
in such a fashion that a year-round screen at least eight feet in height shall be
produced within three growing seasons; or
2) a minimum 20 foot wide buffer consisting of the security and sight obscuring fencing
on the project side of the buffer, together with 4 canopy trees, 12 understory trees,
48 evergreen shrubs, and 24 deciduous shrubs per 100 lineal feet of buffer planted in
such a fashion that a year-round screen at least eight feet in height shall be produced
within three growing seasons.
C.
Noise, odor, light and glare from these operations shall meet the standards of Section
17.04.400 (performance standards of Rural Industrial land uses).
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 33 D.
These operations shall include the following best management practices: a) permanent
paved surface that aids in the control and containment of spills and fluid leaks during
movement and storage of impounded vehicles; b) approved stormwater features that
separate contaminants from rainfall and runoff; and c) containment of moderate risk
waste and petroleum products shall be conducted as set forth in Mason County Resource
Ordinance Section 17.01.080.P. Secondary Containment of Hazardous Materials.
E.
Guard dogs shall not be used.
17.03.200
Intent of sign regulations.
The intent of the sign regulations is to provide minimum standards to safeguard life, health,
property and public welfare by regulating and controlling the size, design, construction, location,
electrification and maintenance of all signs and sign structures; to preserve and improve the
appearance of the county as a place in which to live and as an attraction to nonresidents who
come to visit or trade; to encourage sound signing practices as an aid to business and for public
information while preventing excessive and confusing sign displays, aesthetic clutter, destruction
of the environment and signs that pose a hazard to the public.
17.03.201
Exemptions to the sign regulations.
The following are not to be regulated as signs or are exempt signs in the Development Regulations.
A.
The flag, emblem or insignia of a nation or other governmental unit or nonprofit
organization subject to the guidelines concerning their use set forth by the government
or organization that they represent;
B.
Traffic or other County signs, signs required by law or emergency, railroad crossing
signs, legal notices and signs erected by government agencies to implement public
policy;
C.
Signs of public utility companies indicating danger or which serve as an aid to public
safety or which show the location of underground facilities or of public telephones;
D.
Signs located in the interior of any building or within an enclosed lobby or court of
any building or group of buildings, which signs are designed and located to be viewed
exclusively by patrons of such use or uses;
E.
Temporary signs or decorations, which are clearly incidental and customary and
commonly associated with any national, local or religious holiday;
F.
“No trespassing,” “no dumping,” “no parking,” “private,” signs identifying essential
public needs (i.e., rest rooms, entrance, exit telephone, etc.) and other informational
warning signs, which shall not exceed three square feet; and
G.
Sculptures, fountains, murals, mosaics and design features that do not incorporate
advertising or identification.
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-way, unless otherwise approved with a road-use
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 around intersections,
driveways and other access points.
2) Signs may not be placed in a location typically used by motor vehicles in a lawful
manner (road shoulders).
3) Signs may not be placed in a location, which may impede pedestrian, bicycle, or
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 34 -
D.
E.
F.
G.
H.
I.
J.
17.03.203
handicapped travel or access.
4) Signs may not be placed within drainage areas and other areas maintained by the
County Public Works Department.
5) Signs may not exceed four (4) square feet in size.
Signs shall not be posted on trees including in county right-of-way.
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 and/or image to another by the scrolling on and/or off of the message and/or
image;
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;
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;
Signs attached to utility poles or any other publicly owned structure;
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.
Any county official may confiscate signs wrongfully placed in the right-of-way or offpremise signs located in trees.
Nonconforming Signs.
Nonconforming signs (those that were permanently installed and legally erected prior to the adoption
of this Code) shall be allowed to continue in use for up to twenty years from the adoption of this code
(December 16, 2008) so long as they are continuously maintained, are not relocated, and are not
structurally altered or made more nonconforming in any way.
Signs located on trees shall have until January 1, 2009 to be removed. Signs that aren’t removed by
January 1, 2009 will be considered a violation subject to fines and enforcement under Title 15 Chapter
15.13.
Permanent signs located within any part of the county right-of way shall have until January 1, 2009 to
be removed. Signs that aren’t removed by January 1, 2009 will be considered a violation subject to
enforcement under Title 15 Chapter 15.13.
Nonconforming signs listed on a historical register shall be allowed to continue so long as they are
continuously maintained and are not structurally altered or made more nonconforming in any way,
with exception of improving structural integrity.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 35 17.04 Rural Lands Development Standards
17.04.200
RURAL RESIDENTIAL
17.04.210
Rural Residential 2.5 (RR 2.5)
17.04.211 Purpose. This district provides for residential development, at a density of 2.5 acres per
residential lot, and where areas of small lot residential development and subdivisions patterns were
established before December 5, 1996.
17.04.212 Uses Permitted.
A.
USES: Single family residential, Hobby farm (Small scale commercial agriculture, including
aquaculture and wood lots), Church, Group homes, Cell towers, Public utilities.
B.
ACCESSORY USES: Cottage Industry (home occupation)
C.
SPECIAL PERMIT REQUIRED USES: Cemetery.
D.
Signs are permitted not to exceed 12 square feet in size and 6 feet in height except for temporary
signs permitted by section 17.05.025. Signs prohibited by section 17.03.203 are not allowed.
17.04.213 Lot Requirements.
A.
Density and lot size. Maximum of 1 dwelling unit per 2.5 acres and one accessory dwelling unit per parcel;
a minimum lot size of 2 acres, except as provided for in an approved performance subdivision.
B.
Lot width and depth. All lots shall have a minimum width at any point of 50 feet.
C.
Front yard setback. 25 feet
D.
Side and rear yard setbacks. Side and rear yard setbacks for the residential dwelling and accessory
building is 20 feet, and for accessory structures used for agricultural purposes or home occupations is 50
feet. Exception to the side yard standard is allowed on a parcel with a lot width up to 100 feet at the
building site: the required side yard setback for a residential dwelling and accessory structures shall be
equal to 10 percent of the lot width but in no case shall be less than 5 feet from the property line.
E.
A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes, such
as storm water storage, community play areas, or utility facilities, and is restricted by perpetual
covenants meeting county requirements to said purpose, is not required to meet minimum lot size
requirements.
17.04.214 Building Regulations.
A.
Floor Area Ratio. 1:10
B.
Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except for dwellings
and agricultural buildings.
C.
Height. 35 feet except for agricultural buildings, cell towers, antennas, or water tanks, or necessary
structural elements for an otherwise compliant permitted land use.
17.04.216 Off-street parking.
Two spaces per lot.
17.04.217 Special Provisions.
A.
Cell towers shall be located per Ordinance No. 5-98 Telecommunication Towers.
B.
Accessory dwelling units are required to meet Section 17.03.029 standards.
C.
Government operated day care centers, essential public facilities, churches, community centers,
and schools may exceed 3,000 sq. feet as approved by a special use permit. Application for special
use permit requires the applicant to provide the following information to aid in analyzing the
request, preparing necessary conditions, and providing consistency with dimensional and
performance standards in these and other relevant county regulations: the location and size of
lot(s); site plan with areas of proposed use; access to state and county roads; land uses on adjacent
properties and potential impacts to those uses by the proposal; provision of parking areas and
stormwater facilities; hours of operations; and anticipated sources of noise, glare, or odors from
proposed use(s).
D.
Essential public facilities, commercial day care centers, and schools which were in existence prior to June
17, 1996 and without a prior special use permit, may expand up to 15% cumulatively from their size prior
to June 17, 1996, without a special use permit. Expansions over 15% will require a special use permit.
E.
Front yard or rear yard setback may be reduced as provided in Section 17.05.034.C or side yard setback
may be reduced as provided in Section 17.05.034.D.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 36 17.04.220.
Rural Residential 5 (RR 5)
17.04.221 Purpose. This district provides for residential development on parcels of 5 acres or more.
17.04.222 Uses Permitted.
A.
USES: Single family residential, Hobby farm (Small scale commercial agriculture, including
aquaculture and wood lots), Church, Local community and recreation centers, Group homes, Cell
towers, Fire station, Fish hatchery, Public utilities.
B.
ACCESSORY USES: Cottage Industry (home occupation), Single family residence.
C.
SPECIAL PERMIT REQUIRED USES: Essential public facility, schools, commercial day care centers,
cemetery, and home occupations and cottage industries that do not meet the standards in Section 17.03.021.
D.
Signs are permitted not to exceed 12 square feet in size and 6 feet in height except for temporary signs
permitted by section 17.05.025. Signs prohibited by section 17.03.203 are not allowed.
17.04.223 Lot Requirements.
A.
Density and lot size. Maximum of 1 principal residence per 5 acres or 1/128th of a section and one
accessory dwelling unit per parcel; minimum lot size of 2 acres, except in an approved
performance subdivision the minimum lot size is 20,000 sq. ft., and except for fire stations.
B.
Lot width and depth. All lots shall have a minimum width at any point of 50 feet.
C.
Front yard setback. 25 feet.
D.
Side and rear yard setbacks. Side and rear yard setbacks for the residential dwelling is 20 feet, for
accessory buildings shall be 20 feet, for accessory structures used for agricultural purposes or home
occupations shall be 50 feet, and for buildings of non-residential land uses shall be 25 feet. Exception
to the side yard standard is allowed on a parcel with a lot width up to 100 feet at the building site: the
required side yard setback for a residential dwelling and accessory structures shall be equal to 10
percent of the lot width but in no case shall be less than 5 feet from the property line.
E.
A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes,
such as storm water storage, community play areas, or utility facilities, and is restricted by perpetual
covenants meeting county requirements to said purpose, is not required to meet minimum lot size
requirements.
17.04.224 Building Regulations.
A.
Floor Area Ratio. 1:20, except for fire stations.
B.
Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except for dwellings
and agricultural buildings.
C.
Height. 35 feet except for agricultural buildings, cell towers, antennas, or water tanks, or necessary
structural elements for an otherwise compliant permitted land use.
17.04.226 Off-street parking.
Two spaces per residence. See Parking Ordinance for other land uses; parking setback for non-residential
land uses shall be 25 feet.
17.04.227 Special Provisions.
A.
Cell towers shall be located per Ordinance No. 5-98 Telecommunication Towers.
B.
Accessory dwelling units are required to meet Section 17.03.029 standards.
C.
Government operated day care centers, essential public facilities, churches, community centers,
and schools may exceed 3,000 sq. feet as approved by a special use permit. Application for special
use permit requires the applicant to provide the following information to aid in analyzing the
request, preparing necessary conditions, and providing consistency with dimensional and
performance standards in these and other relevant county regulations: the location and size of
lot(s); site plan with areas of proposed use; access to state and county roads; land uses on adjacent
properties and potential impacts to those uses by the proposal; provision of parking areas and
stormwater facilities; hours of operations; and anticipated sources of noise, glare, or odors from
proposed use(s).
D.
Essential public facilities, commercial day care centers, and schools which were in existence prior
to June 17, 1996 and without a prior special use permit, may expand up to 15% cumulatively from
their size prior to June 17, 1996, without a special use permit. Expansions over 15% will require a
special use permit.
E.
Front yard or rear yard setback may be reduced as provided in Section 17.05.034.C or side yard setback
may be reduced as provided in Section 17.05.034.D.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 37 17.04.230
Rural Residential 10 (RR 10)
17.04.231 Purpose. This district provides for new residential development on parcels of 10 acres or more.
17.04.232 Uses Permitted.
A.
USES: Single family residential, Hobby farm (Small scale commercial agriculture, including
aquaculture and wood lots), Church, Local community and recreation centers, Group homes, Cell
towers, Fire station, Fish hatchery, Public utilities.
B.
ACCESSORY USES: Cottage Industry (home occupation), Single family residence.
C.
SPECIAL PERMIT REQUIRED USES: Essential public facility, schools, commercial child care centers,
cemetery, and home occupations and cottage industries that do not meet the standards in Section 17.03.021.
D.
Signs are permitted not to exceed 12 square feet in size and 6 feet in height except for temporary signs
permitted by section 17.05.025. Signs prohibited by section 17.03.203 are not allowed.
17.04.233 Lot Requirements.
A.
Density and lot size. Maximum of 1 principal residence per 10 acres or 1/64th of a section and one
accessory dwelling unit per parcel; minimum lot size of 2 acres, except as provided for in an
approved performance subdivision the maximum density which may be allowed is 1 dwelling per 5
acres or 1/128th of a section and minimum lot size is 20,000 sq. ft.
B.
Lot width and depth. All lots shall have a minimum width at any point of 50 feet.
C.
Front yard setback. 25 feet
D.
Side and rear yard setbacks. Side and rear yard setbacks for the residential dwelling is 20 feet, and
accessory buildings shall be 20 feet, and for accessory structures used for agricultural purposes or
home occupations shall be 50 feet. Exception to the side yard standard is allowed on a parcel with
a lot width up to 100 feet at the building site: the required side yard setback for a residential
dwelling and accessory structures shall be equal to 10 percent of the lot width but in no case shall
be less than 5 feet from the property line.
E.
A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes,
such as storm water storage, community play areas, or utility facilities, and is restricted by
perpetual covenants meeting county requirements to said purpose, is not required to meet
minimum lot size requirements.
17.04.234 Building Regulations.
A.
Floor Area Ratio. 1:20, except for fire stations.
B.
Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except for dwellings
and agricultural buildings.
C.
Height. 35 feet except for agricultural buildings, cell towers, antennas, or water tanks, or necessary
structural elements for an otherwise compliant permitted land use.
17.04.236 Off-street parking.
Two spaces per residence. See Parking Ordinance for other land uses; parking setback for non-residential
land uses shall be 25 feet.
17.04.237 Special Provisions.
A.
Cell towers shall be located per Ordinance No. 5-98 Telecommunication Towers.
B.
Accessory dwelling units are required to meet Section 17.03.029 standards.
Government operated day care centers, essential public facilities, churches, community centers, and
C.
schools may exceed 3,000 sq. feet as approved by a special use permit. Application for special use
permit requires the applicant to provide the following information to aid in analyzing the request,
preparing necessary conditions, and providing consistency with dimensional and performance standards
in these and other relevant county regulations: the location and size of lot(s); site plan with areas of
proposed use; access to state and county roads; land uses on adjacent properties and potential impacts to
those uses by the proposal; provision of parking areas and stormwater facilities; hours of operations;
and anticipated sources of noise, glare, or odors from proposed use(s).
D.
Essential public facilities, commercial day care centers, and schools which were in existence prior
to June 17, 1996 and without a prior special use permit, may expand up to 15% cumulatively from
their size prior to June 17, 1996, without a special use permit. Expansions over 15% will require a
special use permit.
E. Front yard or rear yard setback may be reduced as provided in Section 17.05.034.C or side yard setback may
be reduced as provided in Section 17.05.034.D.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 38 17.04.240
Rural Residential 20 (RR 20)
17.04.241 Purpose. This district provides for new residential development on parcels of 20 acres or more.
17.04.242 Uses Permitted.
A.
USES: Single family residential, Hobby farm (Small scale commercial agriculture, including
aquaculture and wood lots), Church, Local community and recreation centers, Fire station, Fish
hatchery, Cell towers, Public utilities.
B.
ACCESSORY USES: Cottage Industry (home occupation), Single family residence.
C.
SPECIAL PERMIT REQUIRED USES: Essential public facility, cemetery, and home
occupations and cottage industries that do not meet the standards in Section 17.03.021.
D.
Signs are permitted not to exceed 12 square feet in size and 6 feet in height except for temporary
signs permitted by section 17.05.025. Signs prohibited by section 17.03.203 are not allowed.
17.04.243 Lot Requirements.
A.
Density and lot size. Standard density of 1 principal residence per 20 acres or 1/32nd of a section
and one accessory dwelling unit per parcel; minimum lot size of 2 acres, except for an approved
performance subdivision the maximum density which may be allowed is 1 dwelling per 10 acres or
1/64th of a section and minimum lot size is 20,000 sq. ft.
B.
Lot width and depth. All lots shall have a minimum width at any point of 50 feet.
C.
Front Yard Setback. 25 feet
D.
Side and rear yard setbacks. Side and rear yard setbacks for the residential dwelling is 20 feet,
accessory buildings shall be 20 feet, and for accessory structures used for agricultural purposes or
home occupations shall be 50 feet. Exception to the side yard standard is allowed on a parcel with
a lot width up to 100 feet at the building site: the required side yard setback for a residential
dwelling and accessory structures shall be equal to 10 percent of the lot width but in no case shall
be less than 5 feet from the property line.
E.
A lot created by short plat, large lot or long plat subdivision which is restricted to special purposes,
such as storm water storage, community play areas, or utility facilities, and is restricted by
perpetual covenants meeting county requirements to said purpose, is not required to meet
minimum lot size requirements.
17.04.244 Building Regulations.
A.
Floor Area Ratio. 1:20, except for fire stations.
B.
Size. 3,000 sq. feet maximum for non-agricultural and accessory buildings except for dwellings
and agricultural buildings.
C.
Height. 35 feet except for agricultural buildings, cell towers, antennas, or water tanks, or necessary
structural elements for an otherwise compliant permitted land use.
17.04.246 Off-street parking.
Two spaces per residence. See Parking Ordinance for other land uses; parking setback for non-residential land
uses shall be 25 feet.
17.04.247 Special Provisions.
A.
Cell towers shall be located per Ordinance No. 5-98 Telecommunication Towers.
B.
Accessory dwelling units are required to meet Section 17.03.029 standards.
C.
Essential public facilities and churches may exceed 3,000 sq. feet as approved by the special use
permit. Application for special use permit requires the applicant to provide the following
information to aid in analyzing the request, preparing necessary conditions, and providing
consistency with dimensional and performance standards in these and other relevant county
regulations: the location and size of lot(s); site plan with areas of proposed use; access to state and
county roads; land uses on adjacent properties and potential impacts to those uses by the proposal;
provision of parking areas and stormwater facilities; hours of operations; and anticipated sources of
noise, glare, or odors from proposed use(s).
D.
Essential public facilities, which were in existence prior to June 17, 1996 and without a prior
special use permit, may expand up to 15% cumulatively from their size prior to June 17, 1996,
without a special use permit. Expansions over 15% will require a special use permit.
E.
Front yard or rear yard setback may be reduced as provided in Section 17.05.034.C or side yard
setback may be reduced as provided in Section 17.05.034.D.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 39 17.04.250
Rural Multi-Family (RMF)
17.04.251 Purpose. This district provides for existing multi-family residential development including
mobile home parks.
17.04.252 Uses Permitted.
Uses: Multi-family residences, duplex, mobile home park
17.04.253 Lot Requirements.
A.
Density and lot size. Minimum lot size of 5 acres.
B.
Lot width and depth. All lots shall have a minimum width at any point of 50 feet; designate limited
and safe access(es) to roads.
C.
Front yard setback. 25 feet
D.
Side and rear yard setbacks. Side and rear yard setbacks for the residential dwelling is 20 feet, and
accessory buildings shall be 20 feet.
17.04.254 Building Regulations.
A.
Floor Area Ratio. 1:20
B.
Size. 3,000 sq. feet maximum except for dwellings.
C.
Height. 35 feet except for cell towers, antennas, or water tanks.
17.04.256 Off-street parking.
Off street parking (stall number and arrangement) shall be provided according with the provisions of the
Mason County Parking Standards; locate parking to side or rear of building.
17.04.257 Special Provisions.
Mobile home park expansions shall comply with the Mobile home park ordinance.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 40 17.04.300
RURAL COMMERCIAL
17.04.320
Rural Commercial 1 (RC 1)
17.04.321 Purpose. (See Section 17.02.043)
17.04.322 Uses Permitted.
A.
USES PERMITTED WITH SPECIAL USE PERMIT: Convenience/general store, Gas,
Restaurant, Bed and breakfast, Laundry
B.
ACCESSORY USES: Owner occupied residential.
17.04.323 Lot Requirements.
A
Density. 1 owner/manager occupied residence per lot. Lot size. Dependent on subject property
location.
B.
Lot width and depth. All lots shall have a minimum average width of not less than one-third of
the median length and a minimum width at any point of 50 feet; designate limited and safe access(es) to
roads.
C.
Front yard setback. 30 feet.
D.
Side and rear yard setbacks. 25 feet. Buffer plantings required in at least the first 10 feet of this
setback.
17.04.324 Building Regulations.
A.
Floor Area Ratio. 1:5, except for fire stations.
B.
Size. 4,500 sq. feet maximum except for dwellings.
C.
Height. Two floors not to exceed 35 feet maximum except for agricultural buildings, antennas, or
water tanks.
17.04.325 Signs.
Signs are limited to: 1) a sign attached to the building with an area not to exceed 10 percent of the area of
the building face, and 2) a detached sign with an area size not to exceed 10 percent of the building face,
that is free-standing, and with a height maximum of 25 feet or height of building, whichever is less.
Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.203 are
not allowed.
17.04.326 Off-street parking.
Off street parking (stall number and arrangement) shall be provided according with the provisions of the
Mason County Parking Standards.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 41 17.04.330
Rural Commercial 2 (RC 2)
17.04.331 Purpose. (See Section 17.02.043)
17.04.332 Uses Permitted.
A.
USES: Convenience/general store, Retail, Restaurant, vehicle and equipment repair and
maintenance (automotive, truck, farm implement, and small engines), Small office, Laundry,
Professional services, Public meeting space, Nursery, Post office/Fire Station, Church, Local
community and recreation centers, Commercial/government operated day care, Single-family
residential.
B.
USES PERMITTED WITH SPECIAL USE PERMIT: Gas, Self storage.
17.04.333 Lot Requirements.
A.
Density. 1 residence per lot. Lot size. Dependent on subject property location.
B.
Lot width and depth. All lots shall have a minimum average width of not less than one-third of the
median length and a minimum width at any point of 50 feet; designate limited and safe access(es)
to roads.
C.
Front yard setback. 30 feet.
D.
Side and rear yard setbacks. 15 feet for lots contiguous to lots zoned commercial or industrial use;
otherwise, 25 feet. Buffer plantings required in the first 10 feet of this setback.
17.04.334 Building Regulations.
A.
Floor Area Ratio. 1:5, except for fire stations.
B.
Size. Maximum of 4,500 sq. feet for single tenant and 7,500 sq. feet for multiple tenant; no
maximum for dwellings.
C.
Height. Two floors not to exceed 35 feet maximum except for agricultural buildings, antennas, or
water tanks, or necessary structural elements for an otherwise compliant permitted land use.
17.04.335 Signs.
Signs are limited to: 1) a sign attached to the building with an area not to exceed 10 percent of the area of
the building face, and 2) a detached sign with an area size not to exceed 10 percent of the building face,
that is free-standing, and with a height maximum of 25 feet or height of building, whichever is less.
Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.203 are
not allowed.
17.04.336 Off-street parking.
Off street parking (stall number and arrangement) shall be provided according with the provisions of the
Mason County Parking Standards.
17.04.337 Special Provisions.
RESERVED
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 42 17.04.340
Rural Commercial 3 (RC 3)
17.04.341 Purpose. (See Section 17.02.043)
17.04.342 Uses Permitted.
A.
USES: Convenience/general store, Retail, Restaurant, Small office, Laundry, Professional
services, Personal services, Public meeting space, Nursery, Public facilities - Post office/Fire station/Fish
hatchery/Library/Ranger station, Church, Local community and recreation centers, Lodging facilities,
including motels, RV parks, Campgrounds and Bed and breakfast, Marina - Sales, Service and Storage,
Auto service and repair, Medical/Dental clinic, Animal clinic, Winery, Commercial/government operated
day care, Single-family residential accessory use or apartment.
B.
USES PERMITTED WITH SPECIAL USE PERMIT: Gas, Self storage.
C.
OTHER USES: Uses not explicitly enumerated in this section, but closely similar thereto, are
determined by the Administrator.
17.04.343 Lot Requirements.
A.
Density. 1 residence per lot.
B.
Lot width and depth. All lots shall have a minimum average width of not less than one-third of
the median length and a minimum width at any point of 50 feet; designate limited and safe access(es) to
roads.
C.
Front yard setback. 30 feet.
D.
Side and rear yard setbacks. 15 feet for lots contiguous to lots zoned commercial or industrial use;
otherwise, 25 feet. Buffer plantings required in the first 10 feet of this setback.
17.04.344 Building Regulations.
A.
Floor Area Ratio. 1:3, except for fire stations.
B.
Size. 7,500 sq. feet maximum, unless a larger building is permitted by special use permit
(17.04.348).
C.
Height. Two floors not to exceed 35 feet maximum except for antennas or water tanks, or
necessary structural elements for an otherwise compliant permitted land use.
17.04.345 Signs.
Signs are limited to: 1) a sign attached to the building with an area not to exceed 10 percent of the area of
the building face, and 2) a detached sign with an area size not to exceed 10 percent of the building face,
that is free-standing, and with a height maximum of 25 feet or height of building, whichever is less.
Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.203 are
not allowed.
17.04.346 Off-street parking.
Off street parking (stall number and arrangement) shall be provided according with the provisions of the
Mason County Parking Standards.
17.04.347 Special Provisions for Recreational Vehicle Parks.
RV parks shall comply with the following additional standards:
A. No recreational vehicle shall remain in the RV park for rental purposes or for a time period of more
than 120 consecutive days and 180 days in a 360 day period (this standard applies to new occupants
at existing mobile home and recreational vehicle parks, and to new mobile home and recreational
vehicle parks). The RV park management shall maintain rental records identifying each RV and
registered occupants and shall present them to the county on written request. Failure to maintain or to
present these records on request shall be sufficient grounds to rescind the RV park permit.
B. The recreational vehicle shall be built on a chassis and self-propelled or permanently towable, and
shall not be set up in a RV park as a permanent structure for limited use.
1.04.348 Special Provisions for building size.
Commercial buildings larger than 7,500 square feet may be allowed in RC3 zoned areas with the approval of a
special use permit, which shall include the following specific information and standards:
A. The site is located in a Rural Activity Center.
B. The design of the site, structure, and building façade 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 façade , using a variety
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 43 of architectural styles and building materials, orienting the building so that the larger areas of the
façade are not visible from public ways or parking areas, or by similar techniques.
C. The applicant shall provide market analysis that shows the proposed size is appropriate to serve its market
and that its market is principally the surrounding rural area and tourist.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 44 17.04.350
Rural Commercial 4 (RC 4)
17.04.351 Purpose. (See Section 17.02.043)
17.04.352 Uses Permitted.
A.
USES: Convenience/general store, Retail, Restaurant, Small office, Laundry, Professional services,
Personal services, Public meeting space, Nursery, Public facilities - Post office/Fire station/Fish
hatchery/Library/Ranger station, Church, Local community and recreation centers, Lodging facilities, including
motels, RV parks, Campgrounds and Bed and breakfast, Marina - Sales, Service and Storage, Auto service and
repair, Medical/Dental clinic, Animal clinic, Winery, Commercial/government operated day care, Single-family
residential accessory use or apartment.
B.
USES PERMITTED BY SPECIAL USE PERMIT: Gas, Self storage.
C.
OTHER USES: Uses not explicitly enumerated in this section, but closely similar thereto, are
determined by the Administrator.
17.04.353 Lot Requirements.
A.
Density. 1 residence per lot.
B.
Lot width and depth. All lots shall have a minimum average width of not less than one-third of the
median length and a minimum width at any point of 50 feet; designate limited and safe access(es) to roads.
C.
Front yard setback. 30 feet.
D.
Side and rear yard setbacks. 15 feet for lots contiguous to lots zoned commercial or industrial use;
otherwise, 25 feet. Buffer plantings required in the first 10 feet of this setback.
17.04.354 Building Regulations.
A.
Floor Area Ratio. 1:20, except for fire stations.
B.
Size. 7,500 sq. feet maximum.
C.
Height. 35 feet maximum except for antennas or water tanks, or necessary structural elements for an
otherwise compliant permitted land use.
17.04.355 Signs.
Signs are limited to: 1) a sign attached to the building with an area not to exceed 10 percent of the area of the
building face, and 2) a detached sign with an area size not to exceed 10 percent of the building face, that is freestanding, and with a height maximum of 25 feet or height of building, whichever is less. Temporary signs
permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.203 are not allowed.
17.04.356 Off-street parking.
Off street parking (stall number and arrangement) shall be provided according with the provisions of the Mason
County Parking Standards.
17.04.357 Special Provisions.
RV parks shall comply with the following additional standards:
A. No recreational vehicle shall remain in the RV park for rental purposes or for a time period of more than 120
consecutive days and 180 days in a 360 day period (this standard applies to new occupants at existing mobile
home and recreational vehicle parks, and to new mobile home and recreational vehicle parks). The RV park
management shall maintain rental records identifying each RV and registered occupants and shall present
them to the county on written request. Failure to maintain or to present these records on request shall be
sufficient grounds to rescind the RV park permit.
B. The recreational vehicle shall be built on a chassis and self-propelled or permanently towable, and shall not
be set up in a RV park as a permanent structure for limited use.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 45 17.04.360
Rural Commercial 5 (RC 5)
17.04.361 Purpose. This district provides for existing commercial development that includes open display
vehicle sales land uses. (See Section 17.02.043)
17.04.362 Uses Permitted.
A.
USES: Sales and service of automobiles and trucks, recreational vehicles, watercraft, and
manufactured homes; retail sales; single-family residential accessory use or apartment.
B.
USES PERMITTED WITH SPECIAL USE PERMIT: Self storage.
C.
OTHER USES: Uses not explicitly enumerated in this section, but closely similar thereto, are
determined by the Administrator.
17.04.363 Lot Requirements.
A.
Density. 1 residence per lot.
B.
Lot width and depth. All lots shall have a minimum average width of not less than one-third of
the median length and a minimum width at any point of 50 feet; designate limited and safe
access(es) to roads.
C.
Front yard setback. 30 feet.
D.
Side and rear yard setbacks. 15 feet for lots contiguous to lots zoned commercial or industrial use;
otherwise, 25 feet. Buffer plantings required in the first 10 feet of this setback.
17.04.364 Building Regulations.
A.
Floor Area Ratio. 1:3, except for fire stations.
B.
Size. 7.500 sq. ft. maximum or reviewed through Special Use Permit.
C.
Height. Two floors not to exceed 35 feet maximum except for antennas or water tanks.
17.04.365 Signs.
Signs are limited to: 1) a sign attached to the building with an area not to exceed 10 percent of the area
of the building face, and 2) a detached sign with an area size not to exceed 10 percent of the building
face, that is free-standing, and with a height maximum of 25 feet or height of building, whichever is
less. Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section
17.03.203 are not allowed.
17.04.366 Off-street parking.
Off street parking (stall number and arrangement) shall be provided according with the provisions of
the Mason County Parking Standards.
17.04.367 Special Provisions.
A.
Retail land uses which were in existence prior to May 1, 2000 and without a prior special use
permit, may expand up to 20% cumulatively from their building size at that date, without a
special use permit. Expansions of building size over 20% will require a special use permit.
B.
When an existing land use on a subject parcel expands, buffer plantings in the area of expansion
shall be required in the first 10 feet of the side and rear yard setbacks.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 46 -
17.04.400
RURAL INDUSTRIAL (RI)
17.04.401 Purpose. The Rural Industrial (RI) district provides for isolated areas of primarily existing industrial
type uses.
17.04.402 Uses Permitted.
A.
USES: Manufacturing, Warehousing, Truck yards, Contractor yards.
B.
ACCESSORY USES: Retail space not to exceed 10% of the floor area.
C.
SPECIAL PERMIT REQUIRED USES: Accessory air transportation.
17.04.403 Lot Requirements.
A.
Density and lot size. Dependent on subject property location.
B.
Lot width and depth. Designate limited and safe access(es) to roads.
C.
Front yard setback. 15 feet.
D.
Side and rear yard setbacks. The side setback shall be 20 feet and the rear setback shall be 20 feet. At
minimum, buffer plantings shall be in the first 5 feet of this setback.
E.
The setback requirements of this section may be waived to the extent necessary to provide for direct and
unobstructed access to an adjacent transportation facility such as a railroad or airport.
17.04.404 Building Regulations.
A.
Floor Area Ratio. 1:5 in Rural areas or 1:3 in RAC, except for fire stations.
B.
Size. 7.500 sq. ft. maximum or reviewed through Special Use Permit.
C.
Height. No maximum height for incineration facilities, boilers, electrical or generating plants, or
industrial facilities on lands zoned as industrial areas.
17.04.405 Signs.
One monument sign, 10-foot height and 140 sq ft. size limit; one wall sign that faces towards street or public
access, 40 sq ft size limit, and no more than 10 percent of wall area. Temporary signs permitted by section
17.05.025 are allowed. Signs prohibited by section 17.03.203 are not allowed.
17.04.406 Off-street parking.
Off street parking (stall number and arrangement) shall be provided according with the provisions of the Mason
County Parking Standards.
17.04.407 Special Provisions.
New development shall be constructed and operated to meet the following performance standards:
A.
Noise shall be controlled to comply with Chapter 9.36 Mason County Code.
B.
Odor shall be controlled to comply with Olympic Air Pollution Control Authority Reg. 1, Section 9.11.
C.
Light and glare shall be controlled such that:
1. No light or combination of lights that cast light upon a public street or non-residentially zoned
property shall exceed one (1) foot-candle meter reading as measured at the edge of roadway or property
line,
2. No light or combination of lights that cast light upon a residentially zoned property shall exceed 0.4
foot-candle meter reading as measured at the residential property line.
3. Direct or sky-reflected glare, whether from floodlights or from high-temperature processes, such as
combustion or welding, shall not be directed into any adjoining property,
4. No flickering or flashing lights shall be allowed except to the extent necessary to meet state or Federal
safety requirements.
D.
No vibration shall be permitted which is discernible beyond the property line to the human sense of
feeling for three (3) minutes or more duration in any one (1) hour, nor any vibration producing an
acceleration of more than 0.1g, or which results in any combination of amplitudes and frequencies
beyond the “safe” range of Table 7, U.S. Bureau of Mines, Bulletin “Quarry Blasting” on any structure.
E.
Local traffic impact shall be limited to no more than five percent (5%) of the existing traffic, except as
provided that by special use permit. Criteria for approval shall include limits on traffic and hours of
operation.
F.
Outside storage of materials shall be screened and not visible from adjacent properties by the use of
landscaping, berming, and/or fencing.
G.
The following additional information is required for special use permit requests to aid in analyzing the
request, preparing necessary conditions, and providing consistency with dimensional and performance
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 47 standards in these and other relevant county regulations, including but not limited to: the location
and size of lot(s); site plan with areas of proposed use; access to state and county roads; land uses on
adjacent properties and potential impacts to those uses by the proposal; provision of parking areas and
stormwater facilities; hours of operations; anticipated sources of noise, glare, or odors from proposed
use(s); grading proposed; stormwater and erosion control plans; sanitation and support services
provided; and traffic studies from activities proposed.
Where development existed as of the date of this ordinance, it shall not meet the above performance standards,
but that development and the adjoining lands shall continue to meet buffer yard standards as provided in Section
17.03.036.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 48 -
17.04.500
RURAL NATURAL RESOURCE (RNR)
17.04.501 Purpose. The Rural Natural Resource (RNR) district provides for isolated areas of resource based
industry outside of the designated resource lands.
17.04.502 Uses Permitted.
USES: Processing of native natural materials, including Forest products, Mining, Aquaculture, Agriculture,
ACCESSORY USES: Storage of finished products, Retail sales of products up to 10% of building area.
17.04.503 Lot Requirements.
A.
Density and lot size. 5 acres or greater dependent on subject property location.
B.
Lot width and depth. Designate limited and safe access(es) to roads.
C.
Front yard setback. 15 feet
D.
Side and rear yard setbacks. The side setback shall be 20 feet and the rear setback shall be 20 feet. At
minimum, buffer plantings shall be in the first 5 feet of this setback.
E.
The setback requirements of this section may be waived to the extent necessary to provide for direct and
unobstructed access to an adjacent transportation facility such as a railroad or airport.
17.04.504 Building Regulations.
A.
Floor Area Ratio. 1:20.
B.
Size. 2000 sq. feet additions or 5 percent of floor area of existing use buildings; 10,000 sq. feet building
maximum size for new development, except when larger building sizes are approved by Special Use
Permit.
C.
Height. Exempt from 35 feet limit.
17.04.505 Signs.
One monument sign, 10-foot height and 140 sq ft. size limit; one wall sign that faces towards street or public
access, 40 sq ft size limit, and no more than 10 percent of wall area. Temporary signs permitted by section
17.05.025 are allowed. Signs prohibited by section 17.03.203 are not allowed.
17.04.506 Off-street parking.
Off street parking (stall number and arrangement) shall be provided according with the provisions of the Mason
County Parking Standards.
17.04.507 Special Provisions.
New development shall be constructed and operated to meet the following performance standards:
A.
Noise shall be controlled to comply with Chapter 9.36 Mason County Code.
B.
Odor shall be controlled to comply with Olympic Air Pollution Control Authority Reg. 1, Section 9.11.
C.
Light and glare shall be controlled such that:
1. No light or combination of lights that cast light upon a public street or non-residentially zoned
property shall exceed one (1) foot-candle meter reading as measured at the edge of roadway or property
line,
2. No light or combination of lights that cast light upon a residentially zoned property shall exceed 0.4
foot-candle meter reading as measured at the residential property line.
3. Direct or sky-reflected glare, whether from floodlights or from high-temperature processes, such as
combustion or welding, shall not be directed into any adjoining property,
4. No flickering or flashing lights shall be allowed, except to the extent necessary to meet state or
Federal safety requirements.
D.
No vibration shall be permitted which is discernible beyond the property line to the human sense of
feeling for three (3) minutes or more duration in any one (1) hour, nor any vibration producing an
acceleration of more than 0.1g, or which results in any combination of amplitudes and frequencies
beyond the “safe” range of Table 7, U.S. Bureau of Mines, Bulletin “Quarry Blasting” on any structure.
E.
Local traffic impact shall be limited to no more than five percent (5%) of the existing traffic, except as
provided that by special use permit. Criteria for approval shall include limits on traffic and hours of
operation.
F.
Outside storage of materials shall be screened and not visible from adjacent properties by the use of
landscaping, berming, and/or fencing.
Where development existed as of the date of this ordinance, it shall not meet the above performance standards,
but that development and the adjoining lands shall continue to meet buffer yard standards as provided in Section
17.03.036.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 49 -
17.04.600
RURAL TOURIST (RT)
17.04.601 Purpose. (See Section 17.02.047)
17.04.602 Uses Permitted.
A. USES: Marina - Sales, Service and Storage, Overnight lodging facilities, including motel, RV park,
Campgrounds, and Bed and breakfast, Golf course, Restaurant, Retreat centers, and commercial or nonprofit recreational activity facilities (such as water parks, bicycle courses, and racquet court sports).
B. ACCESSORY USES: Employee housing; Retail and Gas (1,000 sq. ft. maximum building size); Self
Storage (Contained space has 1,000 sq. ft. maximum building size; outdoor storage limited to recreation
storage).
C. SPECIAL PERMIT REQUIRED USES: Motorized commercial outdoor recreation; air
transportation; and rifle ranges.
17.04.603 Lot Requirements.
A. Density and lot size. Dependent on subject property location.
B. Lot width and depth. All lots shall have a minimum average width of not less than one-third of the
median length and a minimum width at any point of 50 feet; designate limited and safe access(es) to
roads.
C. Front yard setback. 30 feet for buildings; 10 feet for signs.
D. Side and rear yard setbacks. 15 feet for lots contiguous to lots zoned commercial or industrial use;
otherwise, 25 feet. Buffer plantings required in the first 10 feet of this setback.
17.04.604 Building Regulations.
A. Floor Area Ratio. 1:5 in Rural areas or 1:3 in RC3, except for fire stations.
B. Size. 5,000 sq. ft. maximum or reviewed by RV Park or Special Use Permit.
C. Height. Two floors not to exceed 35 feet maximum except for agricultural buildings, cell towers,
antennas, or water tanks, or as reviewed by Special Use Permit.
17.04.605 Signs.
Signs are limited to: 1) a sign attached to the building with an area not to exceed 10 percent of the area of
the building face, and 2) a detached sign with an area size not to exceed 10 percent of the building face,
that is free-standing, and with a height maximum of 25 feet or height of building, whichever is less.
Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.203 are
not allowed.
17.04.606 Off-street parking.
Off street parking (stall number and arrangement) shall be provided according with the provisions of the
Mason County Parking Standards. For bed and breakfasts, 1 stall for each bedroom shall be provided.
17.04.607 Special Provisions.
A. Application to RT uses requires applicant to provide such information: Access to state and county
roads; location and size of lot(s); land uses on adjacent properties; potential impacts to existing residential
uses; how is proposed use related to recreational and tourist activities and/or to commercial services to
tourists and adjacent rural populations.
B.
RV parks shall comply with the following additional standards:
1. No recreational vehicle shall remain in the RV park for rental purposes or for a time period of
more than 120 consecutive days and 180 days in a 360 day period (this standard applies to new
occupants at existing mobile home and recreational vehicle parks, and to new mobile home and
recreational vehicle parks). The RV park management shall maintain rental records identifying
each RV and registered occupant and shall present them to the county on written request. Failure
to maintain or to present these records on request shall be sufficient grounds to rescind the RV
park permit.
2. The recreational vehicle shall be built on a chassis and self-propelled or permanently towable, and
shall not be set up in a RV park as a permanent structure for limited use.
C.
Additional information, stated in Section 17.05.046, is required for special use permits, to aid in analyzing
the request, preparing necessary conditions, and providing consistency with dimensional and
performance standards in these and other relevant county regulations.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 50 17.04.610
RURAL TOURIST-CAMPGROUND (RTC)
17.04.611 Purpose. (See Section 17.02.047)
17.04.612 Uses Permitted.
A. USES: Overnight lodging facilities, including RV park, and campgrounds; Golf course, retreat
centers, and commercial or non-profit recreational activity facilities (such as water parks, bicycle courses,
and racquet court sports).
B. ACCESSORY USES: Employee housing; motel and bed and breakfast; Marina - sales, service and
storage; retail, gas, self storage, restaurant.
C. SPECIAL PERMIT REQUIRED USES: Motorized commercial outdoor recreation; and rifle ranges.
17.04.613 Lot Requirements.
A. Density and lot size. Dependent on subject property location.
B. Lot width and depth. All lots shall have a minimum average width of not less than one-third of the
median length and a minimum width at any point of 50 feet; designate limited and safe access(es) to
roads.
C. Front yard setback. 30 feet for buildings; 10 feet for signs.
D. Side and rear yard setbacks. 15 feet for lots contiguous to lots zoned commercial or industrial use;
otherwise, 25 feet. Buffer plantings required in the first 10 feet of this setback.
17.04.614 Building Regulations.
A. Floor Area Ratio. 1: 20 in Rural areas, except for fire stations.
B. Size. 5,000 sq. ft. maximum or reviewed by RV Park or Special Use Permit.
C. Height. Two floors not to exceed 35 feet maximum except for agricultural buildings, cell towers,
antennas, or water tanks, or as reviewed by Special Use Permit.
17.04.615 Signs.
Signs are limited to: 1) a sign attached to the building with an area not to exceed 10 percent of the area of
the building face, and 2) a detached sign with an area size not to exceed 10 percent of the building face,
that is free-standing, and with a height maximum of 25 feet or height of building, whichever is less.
Temporary signs permitted by section 17.05.025 are allowed. Signs prohibited by section 17.03.203 are
not allowed.
17.04.616 Off-street parking.
Off street parking (stall number and arrangement) shall be provided according with the provisions of the
Mason County Parking Standards. For bed and breakfasts, 1 stall for each bedroom shall be provided.
17.04.617 Special Provisions.
A.
Application to RTC uses requires applicant to provide such information: Access to state and county
roads; location and size of lot(s); land uses on adjacent properties; potential impacts to existing residential
uses; how is proposed use related to recreational and tourist activities and/or to commercial services to
tourists and adjacent rural populations.
B.
RV parks shall comply with the following additional standards:
1. No recreational vehicle shall remain in the RV park for rental purposes or for a time period of
more than 120 consecutive days and 180 days in a 360 day period (this standard applies to new
occupants at existing mobile home and recreational vehicle parks, and to new mobile home and
recreational vehicle parks). The RV park management shall maintain rental records identifying
each RV and registered occupant and shall present them to the county on written request. Failure
to maintain or to present these records on request shall be sufficient grounds to rescind the RV
park permit.
2. The recreational vehicle shall be built on a chassis and self-propelled or permanently towable,
and shall not be set up in a RV park as a permanent structure for limited use.
C.
Additional information, stated in Section 17.05.046, is required for special use permits, to aid in
analyzing the request, preparing necessary conditions, and providing consistency with dimensional and
performance standards in these and other relevant county regulations.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 51 17.04.700
MASTER PLANNED RESORT (MPR)
17.04.701 Purpose. The Master Planned Resort district provides for self-contained and fully integrated
planned unit development in a setting of significant natural amenity, with the primary focus on destination
resort facilities consisting of short-term visitor accommodations associated with a range of developed onsite indoor or outdoor recreational facilities.
17.04.702 Uses Permitted.
USES: Recreation facilities; Lodging facilities including hotel, motel, RV park, Campgrounds;
Restaurant; Retail; Marina - Sales, Service and Storage; Golf course; Casino; Gas
ACCESSORY USES: Employee housing
17.04.703 Lot Requirements.
A.
Density and lot size. Dependent on subject property location.
B.
Lot width and depth. Designate limited and safe access(es) to roads.
C.
Front yard setback. Minimize clearing of vegetation buffer and integrate parking to side or rear of
building.
D.
Side and rear yard setbacks. The side setback shall be 20 feet and the rear setback shall be 20 feet.
At minimum, buffer plantings shall be in the first 5 feet of this setback.
17.04.704 Building Regulations.
A.
Floor Area Ratio. 1:20.
B.
Size. Reviewed through Special Use Permit.
C.
Height. 35 feet maximum except for agricultural buildings, cell towers, antennas, or water tanks.
17.04.705 Signs.
Reviewed as part of Special Use Permit. Temporary signs permitted by section 17.05.025 are
allowed. Signs prohibited by section 17.03.203 are not allowed.
17.04.706 Off-street parking.
Off street parking (stall number and arrangement) shall be provided according with the provisions of the
Mason County Parking Standards.
17.04.707 Special Provisions.
A. Master Planned Resorts must be designated by plan amendment and consistent with the Mason County
Comprehensive Plan policies for master planned resorts.
B.
RV parks existing at the date of Development Regulations adoption will comply with the existing
standards of the Mobile Home and Recreational Vehicle Parks Ordinance. RV parks reviewed after this
date of adoption shall comply with the following additional standards:
1. No recreational vehicle shall remain in the RV park for rental purposes or for a time period of more
than 120 consecutive days and 180 days in a 360 day period. The RV park management shall maintain
daily rental records identifying each RV and shall present them to the county on written request. Failure to
maintain or to present these records on request shall be sufficient grounds to rescind the RV park permit.
2. The recreational vehicle shall be built on a chassis and self-propelled or permanently towable, and
shall not be set up in a RV park as a permanent structure for limited use.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 52 17.05
Administrative Procedures
17.05.005. Structures and Uses.
17.05.006. Review of Structures
Structures which are assembled for a certain purpose or use shall be reviewed under the standards of that
use (for example, boathouse, dock, boat lift, shed, or deck), whether secured in a fixed location or on a
mobile framework.
17.05.010
Nonconforming Buildings and Uses
17.05.011
Applicability
The provisions of this Section shall apply to buildings, lands or uses which become nonconforming as a
result of the application of this Ordinance to them, or from the classification or reclassification of the
property under this Ordinance, or any subsequent amendment thereto.
17.05.012
Continuing Existing Uses
A.
Any lawful use of land and/or building or structure, either existing or under construction,
may be continued, without regard to whether the use or building becomes nonconforming
as a result of application of this Ordinance.
B.
Any lawful use of land and/or building or structure for which a use or building permit has
been applied may (subject to the issuance of such permit) be completed, and may be used
as intended, without regard to whether the use or building would be nonconforming as a
result of application of this Ordinance.
C.
Any lawful use of land and/or building or structure which is vested by application of state
law may be completed, and may be used as intended, without regard to whether the use or
building would be nonconforming as a result of application of this Ordinance.
17.05.014
Alterations and Enlargements
A.
Unless otherwise specifically provided in this Ordinance, nonconforming buildings shall
not be enlarged or structurally altered unless the enlargement or alteration is required by
law, or unless the enlarged building area is occupied by a conforming use. Any such
enlargement or structural alteration shall meet the buffer requirements of this Ordinance,
as those buffer requirements are applied to the entire parcel of land, subject to the
determination of the Administrator, as set forth in Section 17.03.036(C)(3).
B.
Nonconforming non-residential uses and structures located outside Urban Growth Areas
may be permitted to expand, subject to the following conditions:
1.
The floor area of the existing building(s) shall not increase by more than twenty
(20%) percent or ten thousand square feet, whichever is greater; and
2.
The buffer yard requirements of this Ordinance shall be applied to the entire
parcel of land, and shall be met, subject to the determination of the
Administrator, as set forth in Section 17.03.036(C)(3).
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 53 C.
Normal upkeep, repair and maintenance of nonconforming structures is permitted,
provided that such activities shall not increase the nonconformity of the use or
structure(s).
D.
Unless otherwise specifically provided in this Ordinance, no nonconforming use shall be
enlarged or increased, or extended to occupy a greater area of land than occupied by such
use at the time this Ordinance becomes effective.
E.
Unless otherwise specifically provided in this Ordinance, no nonconforming use shall be
moved, in whole or in part, to any other portion of the lot or parcel of land occupied by
the nonconforming use at the time this Ordinance becomes effective.
17.05.016
Abandonment; reconstruction
A.
If any nonconforming use of land and/or building is abandoned, or ceases for any reason
whatsoever (including destruction of the building) for a period of two years or more, then
any future use of such land and/or building shall conform to the provisions of this
Ordinance. Upon written request of the property owner, the Administrator shall grant
one, one-year extension to the aforementioned two-year period.
B.
Any nonconforming building or structure which has been damaged or destroyed by fire,
earthquake, flood, wind or other disaster may be rebuilt for the same nonconforming use
only, subject to the following restrictions:
1.
The restoration or repair of such nonconforming building shall not serve to
extend or increase the nonconformance of the original building or use; and
2.
17.05.018
A building permit allowing for such restoration or repair must be issued within
two years of the disaster. Upon written request of the property owner, the
Administrator shall grant one, one-year extension to the aforementioned two-year
period.
Change of Use
Any current nonconforming use of land or a structure shall not be changed to any other use, unless:
1.
The new use conforms to the provisions of this Ordinance; or
2.
The new use is of equal or lesser intensity than the most current use, as determined by the
Classification of Land Uses, FIGURE 17.03.034; or
3.
By Special Use permit, the new use is of equal to or less intensity than any prior
use that occurred in a ten-year period preceding the date of application for said
Special Use Permit, based upon the current site conditions and compatibility with
area land uses; and
4.
Provided that the land use has not been abandoned per Section 17.05.016.
17.05.020
Temporary Uses
17.05.022
Temporary Construction Buildings
Temporary structures for the housing of tools and equipment, or buildings containing supervisory
offices in connection with construction projects, may be established and maintained during the
progress of construction on such progress. Such buildings and/or structures shall be abated and
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 54 removed from the premises within thirty (30) days after completion of the project, or thirty (30)
days of cessation of work.
17.05.023
Temporary Construction Signs
Signs identifying persons engaged in or responsible for construction on a site shall be permitted
while construction is in progress upon the issuance of a building or use permit. Such sign shall
not exceed 64 square feet (per face) in size, and shall be removed within six (6) months of its
placement on the site.
17.05.024
Temporary Sales Office
One sales office for the purpose of selling lots or model homes within a subdivision may be
constructed on a subdivision lot and may operate on a subdivision lot until all lots have been sold
at which time the sales office shall convert to residential use or other such use as permitted.
17.05.025
Temporary Signs.
Temporary signs are those signs associated with a particular event or short-term activity – such as but
not limited to; agricultural or garage sales signs, grand opening displays, festival, carnival or parade
signs, political signs and real estate signs– which are to be removed within 10 days when the event or
activity ends. Temporary signs are allowed in all rural areas of the county and the Shelton UGA subject
to the following limitations:
A.
Signs shall not be placed within the county right-of-way unless otherwise approved with a roaduse permit from the Public Works Department, and with adjacent property owner’s permission,
except as allowed under section 17.03.202 C.
B.
Signs shall not be posted in a manner or location that may cause visual obstruction or a visual
safety hazard for traffic especially in and around intersections, driveways and other access
points.
C.
It shall be the responsibility of the owner to remove a temporary sign within 10 days after such
sign is no longer serving its purpose including, but not limited to; the end of an event, meeting,
festival, carnival or parade; the sale, lease, or rent of property; the end of an annual election
cycle; the end of any type of sale.
D.
County Officials shall have the authority to remove signs when not placed in accordance with
this section.
17.05.030
Variances
17.05.031
Purpose
The purpose of this Section is to provide a means of altering the requirements of this Ordinance
in specific instances where the strict application of these regulations would deprive a property of
privileges enjoyed by other properties which are similarly situated, due to special features or
constraints unique to the property involved.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 55 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. Applications for such variances shall not be accepted for processing or review.
17.05.034
Granting of Variances Authorized
A.
The Hearing Examiner shall have the authority to grant a variance from the provisions of
this Ordinance 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 Ordinance is maintained.
B.
The Administrator shall have the authority to grant a variance from the provisions of this
Ordinance when the granting of such variance will result in a measurable deviation of ten
(10%) percent or less from the provisions set forth in this Ordinance. In issuing such
variance, the Administrator shall make a positive determination that the conditions set
forth in Section 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
Ordinance 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 50 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 25-foot front
yard setback or 20-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 10 feet distance from the property line or road access easement
boundary. The Administrator shall document in the property file the rationale for said
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 50 feet or lot size of no more than one-half acre; and existing improvements of
buildings, septic systems, and well areas) preclude a proposed development from meeting
the 20-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 5 feet distance from the property line. The Administrator
shall document in the property file the rationale for said administrative variance decision.
17.05.035
Findings Required for Approval of a Variance
See Mason County Code Title 15 Development Code Section 15.09.057.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 56 17.05.036
A.
B.
C.
Procedural Requirements for a Variance
Application for a variance shall be made to the Department of Community Development,
on forms furnished by the County.
Any application for a variance shall include an application fee as established by the
Board.
Variance applications decided by the Hearing Examiner shall require a Public Hearing, as
set forth in Title 15.09.050.
17.05.040
Special Uses
17.05.041
Purpose
A Special Use is one which possesses unique characteristics due to size, nature, intensity of use,
technological processes involved, demands upon public services, relationship to surrounding
lands, or other factors. The purpose of this Section is to provide for adequate oversight and
review of such development proposals, in order to assure that such uses are developed in harmony
with surrounding land uses, and in a manner consistent with the intent of this Ordinance and the
Comprehensive Plan.
17.05.042
Authority
Review authority is granted under Title 15 Development Code Section 15.03.050 Hearing
Examiner.
17.05.044
Decision Criteria
The review of Special Use permit applications shall be in accordance with the following criteria.
Any application for a Special Use permit shall not be approved unless an affirmative finding with
regard to each of these criteria is made.
A.
B.
C.
D.
E.
F.
17.05.046
That the proposed use will not be detrimental to the public health, safety and welfare;
That the proposed use is consistent and compatible with the intent of the Comprehensive
Plan;
That the proposed use will not introduce hazardous conditions at the site that cannot be
mitigated through appropriate measures to protect adjacent properties and the community
at large;
That the proposed use is served by adequate public facilities which are in place, or
planned as a condition of approval or as an identified item in the County’s Capital
Facilities Plan;
That the proposed use will not have a significant impact upon existing uses on adjacent
lands; and
If located outside an Urban Growth Area, that the proposed use will not result in the need
to extend urban services.
Procedural Requirements for a Special Use Permit
Review procedures shall follow the standards of Title 15 Development Code Section 15.09 Review and
Approval Process. The following additional information is required, as applicable, for applications for
special use permits, to aid in analyzing the request, preparing necessary conditions, and providing
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 57 consistency with dimensional and performance standards in these and other relevant county
regulations. Including but not limited to:
1)
the location and size of lot(s);
2)
site plan with areas of proposed use;
3)
access to state and county roads;
4)
land uses on adjacent properties and potential impacts to those uses by the proposal;
5)
provision of parking areas and stormwater facilities;
6)
hours of operations;
7)
anticipated sources of noise, glare, or odors from proposed use(s);
8)
grading proposed;
9)
stormwater and erosion control plans;
10) sanitation and support services provided; and
11) traffic studies from activities proposed.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 58 17.05.070
Administration and Enforcement
17.05.071
Validity and Severability
A.
This Ordinance shall be governed by the laws of the State of Washington. In the event
that any portion or section of this Ordinance be declared invalid or unconstitutional by a
court of competent jurisdiction, the remainder of the Ordinance shall not be affected and
shall remain in full force and effect.
B.
This Ordinance is intended to conform to and promote the provisions of the Mason
County Comprehensive Plan. In the event of conflict between the two documents, the
more specific interpretation shall apply.
17.05.072
Enforcement
Enforcement procedures are set forth in Title 15 Development Code Chapter 15.13 Enforcement.
No permit for the construction, alteration or expansion of any building, structure or part thereof
shall be issued unless the plans, specifications and intended uses of the subject property conform
in all respects to the provisions of this Ordinance.
17.05.079
Amendments
This Ordinance may be amended whenever required by public necessity, convenience or welfare.
Amendments may be initiated by the Board, the Planning Advisory Commission, the
Administrator, or by any owner of property within Mason County. Amendments may be made
either to the text, or to the Development Areas Map. The procedure for an amendment shall be as
follows:
A.
Petitions for amendment shall be received by the Administrator, who shall forward such
petition to the Planning Advisory Commission and the Board for review.
B.
The Planning Advisory Commission shall, in public session, review and consider the
proposed amendment. Upon due deliberation, the Commission shall forward its
recommendation to the Board. The Commission shall not make an affirmative
recommendation unless it finds that the proposed amendment is in conformity to the
Comprehensive Plan.
C.
Upon receipt of the recommendation of the Commission, the Board shall set a date for a
public hearing on the amendment. Notice requirements for the public hearing shall be as
set forth in Title 15.
D.
The Board shall conduct its hearing in accordance with the provisions set forth in Title
15.
E.
In its deliberations, the Board shall first determine whether the proposed amendment is in
conformity with the Comprehensive Plan. The Board shall not approve an amendment
unless it makes such an affirmative finding.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 59 17.05.080
Rezone Criteria
A. Rezone Criteria. The County shall review a rezone proposal and enter written findings for
the following criteria.
1. Development allowed by the proposed rezone designation shall not damage public health,
safety and welfare.
2. The zone designation shall be consistent with the Mason County Comprehensive Plan,
Development Regulations, and other county ordinances, and with the Growth Management Act;
and that designation shall match the characteristics of the area to be rezoned better than any other
zone designation.
3. No rezone shall be approved if, either by itself or together with other rezoning and/or
development, whether actual or potential, the cumulative impacts of such zoning would be to
materially increase sprawling, low-density rural development, or to significantly increase uses
incompatible with resource-based uses in the vicinity.
4. No rezone to more intensive land use shall be approved if, either by itself or together with
other rezoning and/or development, whether actual or potential, the cumulative impacts of such
zoning would be to materially increase demand for urban services in rural areas, including but not
limited to streets, parking, utilities, fire protection, police, and schools.
5. No rezone to more intensive land use shall be approved if, either by itself or together with
other rezoning and/or development, whether actual or potential, the cumulative impacts of such
zoning would be to materially interfere with the Growth Management Act goal to encourage
development in urban areas where adequate public services and facilities exist or can be provided
in an efficient manner.
6. No rezone to more intensive land use shall be approved if, either by itself or together with
other rezoning and/or development, whether actual or potential, the cumulative impacts of such
zoning would be to materially interfere with the Growth Management Act goal to encourage
retention of open space, to conserve fish and wildlife habitat, and generally to protect the
environment, including air and water quality.
7.
No rezone to more intensive land use shall be approved if, either by itself or together with
other rezoning and/or development, whether actual or potential, the cumulative impacts of such
zoning would be to create pressure to change land use designations of other lands or to increase
population growth in rural areas as projected in the Mason County Comprehensive Plan.
8. These criteria shall not be construed to prevent corrective rezoning of land necessitated by
clerical error or similar error of typography or topography committed in the original zoning of
such land.
B.
Rezone Characteristics.
The burden of proof shall be on the applicant to show through responses to these criteria and
information provided that the proposed rezone to more intensive land use is warranted. In rural
activity centers and hamlets, any rural land use rezone may be appropriate provided that the
criteria above are satisfied. Outside of rural activity centers and hamlets, approval of rezone
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 60 requests to a more intensive land use in rural areas shall not exceed five (5) per calendar year and
the total amount of acreage subject to rezoning shall not exceed fifty (50) acres, except for errors
in original zoning, as specified in criteria 8 above. For purposes of this section, the numeric limit
shall apply to both direct rezones for Rural Residential to Rural Commercial, Rural Tourist, or
Rural Industrial, and also intervening rezones from Rural Residential to Rural Tourist, Rural
Tourist Campground, or Rural Natural Resources with subsequent rezone requests to Rural
Commercial or Rural Industrial. For purposes of this section, the total acreage limit shall not
include the acres of parcels rezoned to Rural Tourist Campground or Rural Natural Resources.
Such rezones must involve small scale businesses as defined in MCC 17.06, be isolated as required
by RCW 36.70A.070(5)(d), and may not occur within 1/2 mile by road of any Urban Growth Area,
Rural Activity Center; Hamlet; or isolated Rural Commercial, Rural Tourist, or Rural Industrial Area,
or any other LAMIRD under RCW 36.70A.070(5)(d). Rural Commercial 3 zoning shall not be
allowed outside of Rural Activity Centers and Hamlets. Rural Natural Resource, Rural Residential,
Rural Tourist Campground, and Master Planned Resorts may occur anywhere in rural areas provided
that the criteria above are satisfied. In the siting of new Rural Natural Resource districts,
consideration must be given that current and potential future development on site will not, in
combination with development on adjacent properties, create a pattern of low-density sprawling
development.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 61 17.06 Definitions
NOTE: The definitions used in the Mason County Development Regulations are those terms
defined in Moskowitz, Harvey S. and Lindbloom, Carl G.; The Latest Illustrated Book of
Development Definitions. New Brunswick, NJ, Center for Urban Policy Research, 2004, except as
specifically defined in separate county ordinance(s).
Accessory Dwelling Unit or ADU. 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 building or use. Any building or use which:
A.
Is subordinated to, and serves a principal building or principal use; and
B.
Is subordinate in area, extent or purpose to the principal building or principal use served; and
C.
Contributes to the comfort, convenience or necessity of occupants of the principal building or
principal use served; and
D.
Is located on the same lot as the principal building or principal use served, with the single exception
of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same lot with
the building or use served.
Accessory uses include signs that are related to and support a business or activity.
Adequate Public Facilities. Facilities which have the capacity to serve development without decreasing
levels of service below locally established minimums. (WAC 365-195-210)
Administrator. The Director of Community Development for Mason County shall serve as the
administrator. The Board may also designate an acting administrator who shall have all of the duties and
powers of the administrator in the absence of or inability of the administrator to act.
Adult day-care facility. An establishment providing for regularly-scheduled care and supervision of adults
whose age or medical condition warrants such care, and where such care is provided for periods of less than
twenty-four (24) hours.
Adult retirement community. A residential development for persons who are at least fifty-five (55) years of
age. Such development may include the following as accessory uses:
A.
B.
C.
D.
E.
Social and recreation activities;
Communal meal service;
Limited health care facilities;
Transportation facilities; and
Personal services.
Agricultural Lands. Land primarily devoted to the commercial production of horticultural, viticultural,
floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw turf, seed, Christmas
trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock.
Agricultural Resource Lands. Land designated by Mason County as Agricultural Lands of Long-Term
Commercial Significance.
Agricultural sales sign. A usually seasonal sign used to announce and/or direct the public to a sale of locally
grown agricultural products.
Air Transportation. Commercial air transport service, such as charter and/or docking facilities.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 62 Animated sign. 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: 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. The commercial cultivation of aquatic life, such as fish, shellfish and seaweed.
Assisted living facility. An “assisted living facility” is an institution or a distinct part of an institution that is
licensed or approved to provide health care under medical supervision for twenty-four or more consecutive
hours to two or more patients who are not related to the governing authority or its members by marriage,
blood, or adoption.
Available Public Facilities. Indicates that facilities or services are in place or that a financial commitment
has been made to provide that facilities or services within a specified time. In the case of transportation, the
specified time is six years from the time of development. (WAC 365-195-210)
Bed and Breakfast. Overnight accommodations and a morning meal in a room or suite of rooms provided to
guests for compensation, where such room or suite is located in a building occupied by the owner of the
facility.
Best Management Practices. A physical, structural, or managerial practice which has gained general
acceptance for its ability to prevent or reduce environmental impacts.
Billboard. The same as an off-premises sign.
Board. The Mason County Board of Commissioners.
Buffer yard. An area of plantings surrounding a land use which screens or blocks vision, noise pollutants, or
other negative by-products associated with that use. The bufferyard might consist of open space, landscaped
areas, undisturbed areas of natural vegetation, fences, walls, berms, or any combination thereof.
Building.
A structure intended for use or occupancy by humans.
Building face. The wall on the side of the building facing the road accessing the property; the size of sign is
the portion (i.e. 10 percent) of the area value resulting from the product of the wall height times the wall
width.
Building Size. Determined by measuring the building footprint from the outside walls. Does not include roof
overhangs up to 2’. Roof overhangs larger than 2’ from outside wall will be included in the overall size of the
building.
Capacity. The measure of the ability to provide a level of service on a public facility.
Capital Improvement. Land, improvements to land, structures (including design, permitting, and
construction), initial furnishings and selected equipment. Capital improvements have an expected useful life
of at least 10 years.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 63 Carrying Capacity. 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 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. 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. An electrically or electronically controlled sign where different automatic
changing messages are shown on the same lamp bank.
Child care center, family. An establishment providing for regularly-scheduled care, supervision and
protection of children for periods less than twenty-four (24) hours, in a dwelling, where such care and
supervision is provided by a resident of the dwelling, and where no non-resident is regularly employed. Such
establishment shall be subject to licensing and regulation requirements pursuant to WAC 388-150.
Child care center, commercial. An establishment providing for regularly-scheduled care, supervision and
protection of children for periods less than twenty-four (24) hours. Such establishment shall be subject to
licensing and regulation requirements pursuant to WAC 388-155.
City. Any city or town, including a code city. (RCW 36.70A.030)
Clustered Development. Grouping the allowed development on only a portion of the site in such a way that
a significant proportion of the site remains in common open space, recreation, resource-based use, any
combination of those uses, or remains undeveloped with some kind of restriction on additional development.
Commercial Uses. Businesses involved in: 1) the sale, lease or rent of new or used products to the consumer
public; 2) the provision of personal services to the consumer public; 3) the provision of leisure services in the
form of food or drink and passive or active entertainment; or 4) the provision of product repair or servicing of
consumer goods.
Commission. The Mason County Planning Advisory Commission.
Community On-site Septic Systems. A sewage system used to serve multi-family residential complexes or
groups of individual residences.
Comprehensive Land Use Plan, Comprehensive Plan, or Plan. The Mason County Comprehensive Plan,
as adopted pursuant to the Growth Management Act, and as thereafter may be amended.
Concurrency. Adequate public facilities are available when the impacts of development occur. This
definition includes the two concepts of “adequate public facilities” and of “available public facilities” as
defined in this section. (WAC 365-195-210)
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 64 Consistency. 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. 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. Development of areas immediately adjacent to one another. (WAC 365-195-210)
Convenience Store. Any retail establishment offering for sale prepackaged food products, household items,
newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site
consumption.
Cottage Industry. A business, occupation, or profession that is incidental to a residential use and is carried
on by a member or members of the household living in the residential unit on the site. There may be up to
five employees working on the site who do not reside on the site. Cottage industries may be conducted within
the residential dwelling or within an accessory structure.
County. Mason County, Washington.
Critical Areas. Areas which include the following areas and ecosystems: (a) wetlands; (b) areas with a
critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas;
(d) frequently flowed areas; and (e) geologically hazardous areas. (RCW 36.70A.030)
Density. A measure of the intensity of development, generally expressed in terms of dwelling units per acre.
Density can also be expressed in terms of population (i.e., people per acre).
Density Transfer. Density transfer is the transfer of all or part of the permitted residential density on a parcel
to another parcel.
Design Guidelines. A set of guidelines defining parameters to be followed in site and/or building design and
development.
Design Standards. A set of standards defining parameters to be followed in site and/or building design and
development.
Development. The construction, reconstruction, conversion, structural alteration, relation or enlargement of
any structure, and any mining, excavation, filling, or other associated land disturbance.
Development Districts. Development Districts are areas in which a variety of development options are
allowed if they are consistent with the purpose of the district.
Development Regulations. Any controls placed on development or land use activities by a county or city.
Including, but not limited to, zoning ordinances, subdivision ordinances, and binding site plan ordinances.
(RCW 36.70A.030)
Director: The Director of Community Development, and whose responsibilities may be delegated when not
contrary to law or ordinance.
Domestic Water System. Any system providing a supply of potable water which is deemed adequate
pursuant to RCW 19.27.097 for the intended uses of a development. (WAC 365-195-210)
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 65 Easement. A covenant which grants or restricts a specific right of use.
Educational Learning Center. 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). A document detailing the expected environmental impacts of a
proposed action.
Erosion Hazard Areas. Those areas that because of natural characteristics, including vegetative cover, soil
texture, slope gradient, and rainfall patterns, or human-induced changes to such characteristics, are vulnerable
to erosion.
Erosion. The wearing away of the earth’s surface as a result of the movement of wind, water, or ice.
Essential Public Facilities. Essential Public facilities include facilities such as prisons, correctional facilities,
juvenile detention centers, courthouses, wastewater/sanitary treatment facilities and systems, solid waste
facilities, transportation facilities (including public works operations and vehicle maintenance facilities),
airports, and hospitals.
Facility. The physical structure or structures in which a service is provided.
Fire Flow. The amount of water volume needed to provide fire suppression. Adequate fire flows are based
on industry standards, typically measure in gallons per minute (gpm). Continuous fire flow volumes and
pressures are necessary to insure public safety. The fire flow volume shall be in addition to the requirements
of the water system for domestic demand.
Flashing sign. 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. That area of land adjoining a body of water that has been or may be covered by floodwater.
Floor Area Ratio. The “floor area ratio” is determined by summing the gross horizontal areas of the all
floors of a building, measured from the exterior walls, or the centerline of walls separating two buildings, and
dividing that sum by the gross 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. 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). 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). Temporary signs used to announce and/or direct
the public to a sale of used items.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 66 Geologically Hazardous Areas. Areas that because of the susceptibility to erosion, sliding, earthquake, or
other geological events, are not suited to the siting of commercial, residential, or industrial development
consistent with public health or safety concerns. (RCW 36.70A.030)
Greenbelt. A linear corridor of open space which often provides passive recreation and nonmotorized
transportation opportunities, serves as a buffer between developments and varying land uses, or creates a
sense of visual relief from urban landscapes.
Groundwater. Water that fills all the unblocked pores of material lying beneath the water table.
Group Homes. 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. The Growth Management Act as enacted in 1990 and
subsequently amended by the State of Washington.
Hamlet. 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. 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. Rural parcel(s) with a principal residential land use and secondary non-commercial or smallscale commercial farming, livestock raising, aquiculture, or forestry activities conducted on the property.
Home Occupation. 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.
Household. All persons who occupy a housing unit which is intended as separate living quarters and having
direct access from the outside of the building or through a common hall. The occupants may be a single
family, one person living alone, two or more families living together, or any other group of related or
unrelated persons who share living arrangements. (U.S. Department of Commerce, Bureau of the Census)
Hotel. A facility offering guest lodging accommodations to the general public and providing additional
services, such as restaurants, meeting rooms, entertainment and recreational facilities.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 67 Impact Mitigation. 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. The development of housing or other buildings in vacant sites in an already developed area.
Infrastructure. Facilities and services needed to sustain industry, residential, and commercial activities.
Infrastructure may include, but not be limited to, water and sewer lines, streets, and power and
communication lines.
Inholding Land. Blocks of land that are surrounded on all sides by designated Long-Term Commercial
Forest Lands and are crucial for conservation of those lands but are not directly of long-term commercial
significance for forestry.
Inn. A commercial facility for the housing and feeding of guests, where the principal structure of such
facility has been converted from a residential use.
Intensity. a measure of land use activity based on density, use, mass, size and impact.
Level of Service (LOS). An established minimum capacity of public facilities or services that must be
provided per unit demand or other appropriate measure of need. (WAC 365-195-210); a qualitative measure
describing the operational conditions within the traffic stream, and their perception by motorists and
passengers.
Local and Community Recreation Centers or Community Centers. 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; these facilities do not have overnight accommodations.
Long-Term Commercial Forests or Long-Term Commercial Forest Land. Land so designated by the
County in order to provide special protection for the continued use of the land for the production of timber.
Land primarily devoted to growing trees for long-term commercial timber production on land that can be
economically and practically managed for such production as defined in RCW 36.70A.30 (8) and (10).
Lot. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by
law, to be used, developed or built upon as a unit. See Figure 17.06 A. to see location of lot lines and
setbacks.
Major Arterial or Principal Arterial. Roads which convey traffic along corridors to areas of a high density
of commercial or industrial activity. Major arterial or principal arterial emphasize mobility and de-emphasize
access.
Master Planned Resort. a self contained and fully integrated development in a setting of significant natural
amenities that includes short-term visitor accommodations associated with a range of developed on-site
indoor or outdoor recreation facilities. It may also include permanent residential uses as an integrated pan of
the overall resort development. (WAC 365-195-210)
Minerals. a term which includes gravel, sand, and valuable metallic substances. (RCW 36.70A.030)
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 68 Minor Arterial or Secondary Arterial. Roads which link activity centers and convey traffic onto major
arterial. Minor arterial provide both mobility and access.
Mixed Use. Development that combines two or more different land uses in the same project. For example, a
mixed use project may include both commercial uses and residential uses.
Mobile Home Park. a tract of land occupied or designed for occupancy by two or more mobile homes.
Mobile Home. a factory-assembled structure, transportable in one or more sections, that is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating, and electrical systems contained
therein.
Modular Housing. “Modular home” refers to a dwelling that is designed for human habitation and is either
entirely or substantially prefabricated or assembled at a place other than a building site. Modular homes or
modular housing, commonly referred to as factory built housing, are placed on permanent foundations. For
the purposes of this chapter, modular homes shall be treated the same as any other single-family dwelling
units.
Multi-Family. a structure containing four or more, joined dwelling units.
Non-traditional Housing Types. Dwelling types other than on-site built housing units. Nontraditional
housing types include, but are not limited to, manufactured housing, mobile homes, and houseboats.
Nonconforming Land Use. a use or activity that was lawful prior to the adoption, revision or amendment of
the this Ordinance but fails by reason of such adoption, revision or amendment to conform to the present
performance standards of the Mason County Development Regulations.
Nonconforming Structure. A structure that was lawful prior to the adoption, revision or amendment to this
Ordinance but fails by reason by such adoption, revision or amendment to conform to the present performance
standards of the Mason County Development Regulations.
Office. A structure that generally houses a business, government, professional, medical or financial
institution for the non-daily needs of individuals, groups or organizations.
Off-premises sign. 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. 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. 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
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 69 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. 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
ordinance, performance subdivisions include those authorized under Chapter 16.22 and 16.23. Mason County
Code,
Permitted Use. Any use which is authorized or allowed outright, not requiring a Special Use Permit or the
approval of the Board.
Person. Within the context of this Ordinance, “person” is intended to include an individual, firm, partnership,
association or corporation; or a state, or any political subdivision of a state, or any agency thereof.
Personal Services. Establishments primarily engaged in providing services involving the care of a person,
or his or her personal goods or apparel.
Planned Unit Development (PUD). A residential development that includes a mix of housing types such as
single family, townhouses, and other multifamily, and groups uses to provide common open space or to
include recreation such as golfing as part of the development.
Plat. A map or plan, especially of a piece of land dividing into building lots.
Political sign. 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. The first step in wastewater treatment in which solids in a wastewater stream are
allowed to settle out. The suspended solids and the BOD (Biochemical Oxygen Demand) are reduced by 25
to 40 percent.
Public Services. Public Services include fire protection and suppression, law enforcement, public health,
education, recreation, environmental protection and other governmental services. (RCW 36.70A.030)
Public Water System. Any systems of water supply intended or used for human consumption or other
domestic uses, including source, treatment, storage, transmission, and distribution facilities where water is
being furnished to any community, collection, or number of individuals, but excluding a water systems
serving on single family residence. (WAC 248.54)
RCW. Revised Code of Washington.
Real estate signs. Any sign pertaining to the sale, lease or rental of land or buildings.
Rear Yard and Rear Yard Setback. The rear yard is 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 is the closest distance from the structure to the rear lot line. See Figure 17.06 A.
Recreation storage. The storage of recreational vehicles, boats, boat trailers, camper trailers, personal
watercraft, and similar outdoor recreational equipment.
Recreational Vehicle (RV) Park. As defined in the Mobile Home and Recreational Parks Ordinance No.
118-91.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 70 Rehabilitation. The physical improvement, remodeling, or partial reconstruction of existing structures rather
than their demolition and replacement.
Residential Development. 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. Those lands which are suitable for agriculture, forest mineral extraction and protected by
resource lands regulations.
Resource-Based. a use that is dependent upon, or supports uses that are dependent upon, natural resources
including but not limited to, forestry, agriculture, aquaculture, horticulture, and mineral extraction.
Resource-Based Industry. 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. 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.
Retreat. A lodge or series of buildings with a primary focus on relaxation, rehabilitation, religion and/or
recreation that is usually sited in an isolated area or an area with significant natural amenities.
Right of Way. Land owned by a government or an easement for a certain purpose over the land of another,
used for a road, ditch, electrical transmission line, pipeline, or public facilities such as utility or transportation
corridors.
Road Adequacy Standards. Standards by which government agencies can assess whether adequate road
facilities are being provided and regulated.
Roof sign. Any sign erected upon, against or directly above a roof or on top of or above the parapet of a
building.
Runoff. Water from rain, snowmelt, or irrigation that flows over the ground surface and returns to streams.
Rural Activity Center (RAC). Concentrated settlements within Rural Lands that may include a variety
of residential, small scale commercial, resource-based and rural light industrial, recreation, and public
uses. They may also include a compact, pedestrian-oriented core. They may be served by community
water systems and have community sewage treatment facilities but have only rural governmental services.
They reflect an existing development pattern, but they are not intended to expand. RAC boundaries are
established in the Comprehensive Plan.
Rural Areas. 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 20 years. In rural Areas, the rural landscape win remain dominant, and include a variety of protected
natural features.
Rural Lands. 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.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 71 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. An “a-framed” portable sign measured by height x width.
Sanitary Sewer Systems. All facilities, including approved on-site disposal facilities, used in the collection,
transmission, storage, treatment or discharge of any waterborne waste, whether domestic in origin or a
combination of domestic, commercial or industrial waste. (WAC 365-195-210)
Secondary Treatment. The second step in purifying sewage which uses biological processes in additional to
settling and provides purification from 85 to 95 percent.
Seismic Hazard Areas. Areas subject to severe risk of damage as a result of earthquake induced ground
shaking, slope failure, settlement, or soil liquefaction.
Sewage. The total of organic waste and wastewater generated by residential, industrial and commercial
establishments.
Sewer. The closed pipe which carries raw sewage from a home or business to a treatment facility.
Sewerage. The entire system of sewage collection, treatment, and disposal.
Side yard and Side Yard Setback. 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. The length of a roadway required which is sufficient enough to ensure safe operation of a
motor vehicle at posted speeds.
Sign. 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. A detached building containing one dwelling unit.
Small Scale. A term which indicates that development regulations will limit the intensity, size, scale, number
of uses and other factors of a particular development.
Small Scale Business. 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. All putrescible and nonputrescible solid and semisolid wastes, including, but not limited to,
garbage, rubbish, ashes, industrial wastes, swill, demolition and construction wastes, abandoned vehicles or
parts thereof, and recyclable materials. (RCW 70.95.030)
Special Needs Housing. All housing that is designed for an individual or family who requires supportive
social services in order to live independently or semi-independently. These households require all types of
housing including emergency, transitional and permanent housing. Special needs groups include, but are not
limited to the homeless; elderly; AIDS victims; single parents; runaway and homeless youth; severely
physically handicapped; mentally and emotionally disturbed; chronically mentally ill, developmentally
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 72 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. a “special use” refers to a land use that are found to possess characteristics relating to
their size, numbers of people involved, the traffic generated, and their immediate impact on the area which
makes impractical their being identified exclusively with any particular performance district as herein
defined. In order to determine that the location of these uses will not be unreasonably incompatible with uses
permitted in the surrounding areas; and to permit the planning commission to recommend stipulations and
conditions as may reasonably assure that the basic intent of this chapter will be served, these uses will be
subject to review and recommendation by the Planning Commission and final determination by the Board
regarding the approval, denial or approval with conditions for the issuance of an special use permit by the
Mason County Community Department of Community Development.
State Environmental Policy Act (SEPA). a Washington state law requiring the systematic assessment of the
environmental impacts of any action that is expected to significantly affect the environment.
Structure. Anything constructed in the ground, or anything erected which requires location on the ground,
or is attached to something having location on or in the ground, but not including fences or signs six feet or
less in height, driveways, or other paved areas.
Subdivision. The division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions
of land for the purpose of sale, lease, or transfer of ownership, unless specifically exempted in RCW Chapter
58.17.040.
Surface Waters. Streams, rivers, ponds, lakes or other waters designated as “waters of the state by the
Washington Department of Natural Resources (WAC 222-16-030).
Temporary sign. 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 10 days when the event or activity ends.
Tertiary Treatment. The third step in purifying sewage that removes additional nutrient levels.
Urban Governmental Services. Include those governmental service historically and typically delivered by
cities, and include storm and sanitary sewer services, fire and police protection services, public transit
services and other public utilities associated with urban areas and normally not associated with non urban
areas. (RCW 36.70A.030)
Urban Growth Area. Those areas designated by a county pursuant to RCW 36.70A.110.
Urban Growth. Growth that makes intensive use of land for the location of buildings, structures, and
impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the
production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed
to spread over wide areas, urban growth typically requires urban governmental services. “Characterized by
urban growth” refers to land having urban growth located on it, or to land located in relationship to an area
with urban growth on it as to be appropriate for urban growth. (RCW 36.70A.030)
Urban Level of Facilities and Services. Those services defined as “urban governmental services” with
levels of service as defined within Capital Facilities Element of the Mason County Comprehensive Plan.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 73 Utilities or Public Utilities. Enterprises or facilities serving the public by means of an integrated systems of
collection, transmission, distribution, and processing facilities through more or less permanent physical
conditions between the plant of the serving entity and the premises of the customer. Included are systems for
the delivery of natural gas, electricity, telecommunications services, and water for the disposal of sewage.
(WAC 365-195-210).
Water Dependent Use. a use or portion of a use which cannot exist in any other location and is dependent
on the water by reason of the intrinsic nature of its operations. Examples of some water dependent uses
include: boat ramps, swimming areas, aquaculture, marinas, water intakes and outfalls, fish pens and fish
screens.
Watershed. Region drained by or contributing water to a stream, lake or other body of water.
Wetland or Wetlands. Areas that are inundated or saturated by surface water or ground water at a frequency
and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swaps, marshes, bogs and
similar areas. Wetlands do not include those artificial wetlands intentionally created from non-wetland sites,
including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands
may include those artificial wetlands intentionally created from non-wetland areas created to mitigate
conversion of wetlands. (RCW 36.70A.030)
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 74 Figure 17.06 A
SETBACKS
REFERENCES
The following works were consulted in the preparation of the Mason County Development Regulations.
It is recommended that applicants desiring to develop land in Mason County refer to these
materials to assist in their development plans.
1.
Arendt, Randall; Designing Open Space Subdivisions: a Practical Step-by-Step Approach.
Media, PA, Natural Lands Trust, 1994.
2.
Kendig, Lane; Performance Zoning. Chicago, IL, Planners Press, 1980.
3.
Moskowitz, Harvey S. and Lindbloom, Carl G.; The New Illustrated Book of Development
Definitions. New Brunswick, NJ, Center for Urban Policy Research, 1993.
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 75 -
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
MASON COUNTY DEVELOPMENT REGULATIONS
June 2, 2009
- 67 -
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