The ordinance codified under this title, Chapters 17.20 to 17.35, shall be known as the Belfair Zoning Code, which code adopts a zoning districting plan for the Belfair urban growth area (BUGA or Belfair UGA).

(Ord. 133-04 Att. B § 2 (part), 2004).

This code is enacted under the authority and police powers of Mason County and the Revised Code of Washington including, but not limited to, the requirements and authority of Chapter 36.70, Planning Enabling Act and Chapter 36.70A RCW, the Washington State Growth Management Act.

(Ord. 133-04 Att. B § 2 (part), 2004).

(a)

Purpose. These development regulations and design standards are intended to implement the vision and recommendations of the Belfair urban growth area plan.

(b)

Applicability. The development regulations and design standards apply to all properties within the Belfair urban growth area unless otherwise noted. They shall supplement other provisions of Mason County Code. Where a conflict exists, these development regulations and design standards shall apply as they are more specific. The development regulations and design standards are not intended to add unnecessarily to the cost of development. The design standards do not dictate any particular architectural style, and are intended to encourage quality development, and allow creativity by developers/designers.

(Ord. 133-04 Att. B § 2 (part), 2004).

(a)

In the case where the wording of the code is not explicit or where its application is in dispute, the director of the department of community development or his/her designee shall have the authority to interpret the meaning of the code upon receipt of a written request stipulating the exact nature of the dispute. Such decisions may be appealed to the hearing examiner.

(b)

Private Agreements. The county has no authority to enforce private codes, covenants or restrictions either recorded by deed or other agreements except as their compliance may have been made a part of a project approval.

(c)

To clarify the interpretation of the regulations, the words "shall", "must", "is/are required", or "is/are prohibited" signify required actions. The words "should", "is/are recommended", or "is/are encouraged" signify recommended actions. Mason County, however, can make recommended actions requirements for a particular development, depending on site visibility, site environmental conditions, or other important characteristics. Also, the terms "where possible" or "when possible" are used numerous times within the design standards. The phrase means that an applicable standard or guideline must be followed unless there are physical features associated with a site that make conformance difficult or impossible while using normal development practices and construction techniques. Cost is not considered a "physical" feature.

(Ord. 133-04 Att. B § 2 (part), 2004).

(Ord. No. 2022-093, Att. C, 12-20-2022)

(a)

Comprehensive Plan. The Growth Management Act requires consistency between the comprehensive plan and development regulations such as zoning. As such, it is hereby stipulated that where a conflict exists between this section and the letter, intent or spirit of the comprehensive plan the latter shall apply. These zoning regulations are intended to implement the Growth Management Act goals, the county wide planning policies and the goals, policies and objectives adopted in the comprehensive plan for urban areas. This includes land use, building density and intensity, roadway functionality, utilities and infrastructure, open space, housing, protection of sensitive environmental areas and concurrency.

(b)

MCC. Where this section adopts by reference another section of the Mason County Code that section shall be applicable within the Belfair urban growth area. Where this section is silent on a subject or standard the applicable section of the MCC shall apply.

(Ord. 133-04 Att. B § 2 (part), 2004).

The director of the department of community development or his/her designee shall be the individual responsible for providing coordination of review and decision-making, enforcement and the provision of information regarding the status of applications and issuance of development permits subject to this chapter.

(Ord. 133-04 Att. B § 2 (part), 2004).

The definitions used in the Belfair urban growth area are the same as established in the Mason County development regulations, except that the following definitions apply only within the Belfair UGA.

"Adult entertainment" means an establishment consisting of, including, or having the characteristics of any or all of the following:

(1)

Adult bookstore or exotic retail establishment is an establishment having more than twenty-five percent of its stock-in-trade merchandise that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities, anatomical genital areas, or erotic entertainment. The term "merchandise" as used above includes, but is not limited to the following: books, magazines, posters, cards, pictures, publications, tapes, discs, films, or other such medium; instruments, devices, equipment, paraphernalia, or other products.

(2)

Adult cabaret, arcade, or theater is: (A) An establishment devoted to erotic entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; (B) An erotic dance studio as regulated in MCC Chapter 5.19.

"Articulation" means the giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that create a complementary pattern of rhythm, dividing large buildings into smaller identifiable pieces.

"Balcony" means an outdoor space built as an above ground platform projecting from the wall of a building and enclosed by a parapet or railing.

"Bay window" means a window that protrudes from the main exterior wall at least one foot measured horizontally from the facade of the building.

"Blank wall" means any wall or portion of a wall that has a surface area of four hundred square feet without a window, door, building modulation as defined below or other architectural feature, or any ground level wall surface or section of a wall over four feet in height at ground level that is longer than fifteen feet as measured horizontally without having a ground level window or door lying wholly or in part within that fifteen foot section.

"Blank wall treatment" means the use of various techniques to mitigate the visual effect of a blank wall. Blank wall treatment requirements can be found in Chapter 17.30.

"Building height" means the maximum building height, as measured from the average grade of the base of a building to the bottom of the roof eaves or the top of the cornice line. Church spires, bell towers, chimneys and other architectural features may exceed the applicable maximum building height by fifty percent and communications facilities by as much as permitted through approval of a special use permit.

"Business services" means establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; protective services; equipment rental and leasing; commercial research, development, and testing; photo finishing; and personal supply services.

"Cornice" means a horizontal molding projecting along the top of a wall or building.

"Courtyard" means a landscaped space enclosed on at least three sides by a single structure.

"Deck" means a roofless outdoor space built as an above ground platform projecting from a wall of a building and connected to the ground by structural supports.

"Duplex" means a single building that contains two dwelling units.

"Erotic entertainment" means any exhibition, performance, dance of any type, or other performance where such entertainment involves a person appearing or performing (either live or recorded) who: (1) is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola, or (without regard to gender) any portion of the pubic region, anus, buttocks, or genitals; or (2) touches, caresses, or fondles the breasts, buttocks, anus, genitals or pubic region of themselves or a patron, or permits the touching, caressing, or fondling of their own breasts, buttocks, anus, genitals or pubic region by a patron, another employee or anyone else with the intent to sexually arouse or excite.

"Facade" means the front of a building facing a street. It may also be referred to as the apparent width of the structure facing the street.

"Fenestration" means the design, proportioning, and disposition of windows and other exterior openings of a building.

"Foot-candle" means a unit equivalent to the illumination produced by a source of one candle at a distance of one foot and equal to one lumen incident per square foot.

"Foot-lambert" means a unit of luminance equal to the luminance of a surface emitting a luminous flux of one lumen per square foot.

"Gabled roof" means a triangular wall enclosed by the sloping ends of a ridged roof.

"Hipped roof" means a roof with sloping ends and sides.

"Light manufacturing" means manufacturing where there is no outdoor storage of raw materials or products, the manufacturing and assembly processes are entirely contained within closed structures, and there is no discernable noise, odor, vibration, glare, dust, or other sensory effect from the manufacturing processes.

"Lot coverage" means the percent of a lot or parcel which is, or will be covered by all structures located thereon. Coverage is determined by measuring areas covered by a weather tight roof.

"Lumen" means the unit of luminous flux equal to the luminous flux emitted in a unit solid angle by a point source of one candle intensity.

"Lux" means a unit of illumination equivalent to nine hundred twenty-nine thousandths foot-candle and equal to the illumination produced by luminous flux of one lumen falling perpendicularly on a surface one meter square.

"Modulation" means stepping back or projecting forward portions of the building face with specified intervals of building width and depth, as a means of breaking up the apparent bulk of the structure's continuous exterior walls and to some extent, helping to identify individual residential units.

"Multi-family dwelling units" includes any structure that contains more than three dwelling units.

"Net developable acre" means the gross land area of property less critical lands, above-ground stormwater facilities, and public or private road rights of way.

"Pedestrian-oriented facade" means ground floor facades facing a public street or pedestrian-oriented space containing transparent window area or window displays along a minimum of fifty percent of their length and featuring no blank walls.

"Pedestrian-oriented space" means an area that provides pedestrian-oriented amenities and landscaping to enhance the pedestrian use of the space for passive recreational activities such as: resting, reading, picnicking, and socializing. Requirements for pedestrian-oriented space are contained in Chapter 17.25.

"Recycling center" means a drop off station for recycling of household goods such as paper, plastic, cardboard, glass, and cans, but not intended to include permanent storage of recycled materials, processing of materials, or larger scale items such as appliances or construction debris.

"Stepped roofs" means different levels of roofs that are created by stepping back all or a portion of the facade.

"Townhouse" means a dwelling unit, typically two or more stories tall, that exists as part of a set of attached units, each having a unique publicly-accessible entrance.

"Triplex" means a single building that contains three dwelling units.

"Weather protection" means architectural features such as an awning, marquee, or canopy that protects pedestrians from rain and sunlight. To qualify as weather protection, the feature must be at least eight feet above the walking surface and project at least six feet horizontally from the structure.

"Yard setback" means the space extending the full width of the lot between a structure or building and the 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. A roof overhang, chimneys, copulas, bay windows, porch covers, and door landings are allowed to project a maximum of two feet into a minimum setback.

(Ord. 133-04 Att. B § 2 (part), 2004).

(Ord. No. 23-19, Att. A, 3-19-2019; Ord. No. 2022-093, Att. C, 12-20-2022)

Zoning districts are established as follows:

(Ord. 58-08 (part), 2008: Ord. 46-08 (part), 2008; Ord. 133-04 Att. B § 2 (part), 2004).

(Ord. No. 2022-014, Exh. B-2, 2-28-2022)

(a)

A parcel specific official zoning map, designating the boundaries of zoning districts and approved planned unit developments, shall be adopted by the county board of commissioners. Said map shall be kept on file with the department of community development. The zoning districts established by this title are also available as a series of GIS layers ("layers") on the Mason County GIS (gis.masoncountywa.gov/mason). The public web-based GIS is 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.

(b)

The official zoning map ("layers") shall be amended as provided for in this code and in a manner consistent with the comprehensive plan and Title 15 of the MCC.

(c)

The map shall be at a scale that allows easy determination of the zoning district in which a subject property may lay.

(d)

Where a street, alley, pathway, railroad, or stream is located on the interface between districts; the boundary between districts shall be the centerline of said feature.

(e)

Boundary lines shall be interpreted as provided in the Mason County development regulations.

(Ord. 133-04 Att. B § 2 (part), 2004).

(Ord. No. 2022-093, Att. C, 12-20-2022)

Amendments to this title or changes to the official zoning map shall be made as provided for in Title 15 of the MCC.

(Ord. 133-04 Att. B § 2 (part), 2004).