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Mason County Unincorporated
City Zoning Code

CHAPTER 17

23 - MIXED USE DISTRICTS IN THE BELFAIR UGA

17.23.010 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.010 which pertained to the purpose of the "FR" festival retail district and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004; Ord. No. 62-09, Att. A, adopted July 7, 2009; and Ord. No. 124-19, Att. A, adopted Dec. 17, 2019.

17.23.020 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.020 which pertained to allowed uses and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004; and Ord. No. 124-19, Att. A, adopted Dec. 17, 2019.

17.23.030 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.030 which pertained to accessory uses and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004; and Ord. No. 62-09, Att. A, adopted July 7, 2009

17.23.040 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.040 which pertained to special uses and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004; and Ord. No. 23-19, Att. A, adopted March 19, 2019.

17.23.045 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.045 which pertained to prohibited uses and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004.

17.23.050 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.050 which pertained to bulk and dimensional standards and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004.

17.23.060 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.060 which pertained to site design standards and guidelines and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004.

17.23.070 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.070 which pertained to pedestrian and vehicular access standards and guidelines and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004.

17.23.080 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.080 which pertained to building design standards and guidelines and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004.

17.23.090 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.090 which pertained to landscaping design standards and guidelines and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004.

17.23.100 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.100 which pertained to non-conforming uses and structures and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004.

17.23.110 - Reserved.

Editor's note— Ord. No. 2022-014, Exh. B-2, adopted February 28, 2022, repealed § 17.23.110 which pertained to applicability and derived from Ord. 133-04, Att. B § 2 (part), adopted 2004.

17.23.120 - "MU" Mixed use district—Purpose.

The primary purpose of this district is to provide for a mix of uses along the SR-3 corridor and at the future crossroads of Romance Hill Road and the planned alternative north/south access road. Permitted uses include commercial, office, and residential uses. By allowing a broad array of uses, property owners have more choice in how the land can be developed. Design standards allow developments to front on the street as long as they provide pedestrian-oriented facades—otherwise, developments must provide a landscaping buffer along the street front to enhance the character of the area. Design standards also encourage pedestrian and vehicular connectivity between properties. Building heights up three to five stories are permitted, with lower building heights west of SR-3. Otherwise, no specific density limits are provided (as they will be limited by parking requirements, natural site constraints, and market constraints).

(Ord. 133-04 Att. B § 2 (part), 2004; Ord. No. 2022-014, Exh. B-2, 2-28-2022)

17.23.130 - Allowed uses.

Uses allowed in the MU district shall be as follows:

(1)

Alcoholic beverage sales: package stores and wine shops;

(2)

Antique shops;

(3)

Appliance and communication equipment repair shop and/or sales;

(4)

Art galleries and artist studios;

(5)

Art and craft supplies, retail;

(6)

Bakeries, with on-site sales;

(7)

Banks and financial institutions;

(8)

Barber and beauty shops;

(9)

Bars and taverns, other than those associated with full menu food service;

(10)

Bicycle shops;

(11)

Book stores;

(12)

Building material sales;

(13)

Churches;

(14)

Commercial child care centers;

(15)

Community centers;

(16)

Clinics, including veterinary;

(17)

Clothing sales and rentals and shoe stores;

(18)

Delicatessens;

(19)

Detached dwelling per lot (one);

(20)

Duplexes;

(21)

Fabric and yard goods stores;

(22)

Florists;

(23)

Food specialty shops, including: baked goods, meats, health foods, candies;

(24)

Funeral parlors, cremation and mortuary services;

(25)

Furniture stores;

(26)

Grocery stores;

(27)

Gyms, fitness and aerobic studios;

(28)

Hotels/motels;

(29)

Household specialty shops, including: plumbing, lighting, heating/cooling;

(30)

Hardware stores;

(31)

Hobby shops;

(32)

Jewelry stores;

(33)

Laundromats;

(34)

Light manufacturing of stone, clay, and glass products including: glass, pottery and china ceramic, stone cutting and engraving;

(35)

Light manufacturing of handcrafted products;

(36)

Light manufacturing of computers, office machines and equipment manufacturing;

(37)

Local utility system transmission lines and structures;

(38)

Locksmiths;

(39)

Lumber and other building materials including pre-assembled products;

(40)

Medical offices;

(41)

Multi-family dwelling units;

(42)

Museums, libraries, and educational facilities (other than public schools);

(43)

Music stores, recordings and instruments;

(44)

Outside storage and display;

(45)

Paint and glass shops;

(46)

Parks;

(47)

Pharmacies, dispensing;

(48)

Photographic studios;

(49)

Printing, publishing and reproduction services;

(50)

Professional offices;

(51)

Public transportation: bus terminals, park and ride lots;

(52)

Radio and television broadcasting stations;

(53)

Recycling centers;

(54)

Rental and leasing services: vehicles, furniture and tools;

(55)

Research, development and testing services;

(56)

Restaurants, cafes and food stands;

(57)

Retail shops not otherwise named which are under ten thousand square feet;

(58)

Second hand stores and pawn shops;

(59)

Service and repair shops for appliances, small equipment, and automobiles;

(60)

Sporting goods stores;

(61)

Stationary and office supply stores;

(62)

Theaters, live stage;

(63)

Theaters, motion picture;

(64)

Townhouses;

(65)

Triplexes;

(66)

Vehicle parts stores; and

(67)

Wholesale trade uses.

(Ord. 133-04 Att. B § 2 (part), 2004; Ord. No. 21-13, Attach. A, 4-16-2013; Ord. No. 30-13, Attach. A, 6-4-2013; Ord. No. 53-16, Att. A, 8-16-2016; Ord. No. 2022-093, Att. C, 12-20-2022)

17.23.140 - Special uses.

The following uses, subject to applicable licensing and development regulations, shall be allowed only with approval of a conditional use permit. Consideration shall be given to the purpose and development standards of the district including any adopted design standards or guidelines.

(1)

Utility buildings and structures except transmission lines and structures.

(2)

Commercial parking lots not associated with an on-site use.

(3)

Live entertainment except between the hours of 12:00 AM and 7:00 AM.

(4)

Private transportation depot.

(5)

Schools.

(6)

Public sidewalk food and merchandise vendors including espresso and newsstands.

(7)

Private recreation facilities including game arcades, batting cages, shooting galleries and skating rinks.

(8)

Self-storage facilities.

(9)

Dry cleaners and laundries, not including laundromats (must not be located in a CARA).

(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)

17.23.145 - Reserved.

Editor's note— Ord. No. 2022-093, Att. C, adopted Dec. 20, 2022, repealed § 17.23.145, which pertained to prohibited uses and derived from Ord. 133-04, adopted 2004.

17.23.150 - Bulk and dimensional standards.

Density: The maximum density shall be dictated by the applicable height limit, parking requirements, design guidelines, site constraints, and market conditions.
Intensity: No requirements.
Minimum Lot Area: None.
Lot Dimensions: None.
Height: The maximum height of structures in the district shall be 55 feet, or as reviewed by special use permit, with the following exception: The top of buildings or structures (including rooflines but excluding church spires, bell towers, and chimneys) on the west side of SR-3 shall not reach an elevation of more than 35 feet above the grade level of the roadway, within 150 feet of the SR-3 right-of-way.
Setbacks: See subsections 17.23.155(c), 17.23.165(b) and (c), and 17.31.020(7) for required setbacks, otherwise no setbacks are required.

 

(Ord. 133-04 Att. B § 2 (part), 2004; Ord. No. 52-19, att. A, 6-4-2019; Ord. No. 2022-006, Att. A, 1-18-2022; Ord. No. 2022-093, Att. C, 12-20-2022)

17.23.155 - Site design standards and guidelines.

(a)

Intent.

(1)

To upgrade the identity of downtown Belfair.

(2)

To enhance the streetscape by minimizing the amount of driveway and parking areas visible from the street in downtown.

(b)

For properties fronting Old Belfair Highway, NE Roy Boad Road and The Old Beards Place, and properties fronting streets along or within the central triangle area between Clifton Way, SR-3, and Old Belfair Highway, provide pedestrian-oriented street frontage. Specifically, no more than fifty percent of the linear street frontage for commercially developed properties shall be occupied by driveways and parking areas. In other words, at least fifty percent of the linear street frontage must either be:

(1)

Landscaping: at least twenty feet of width of Landscape Type B, see MCC 17.31.020(6);

(2)

Pedestrian oriented spaces (see definition): at least twenty feet in width;

(3)

Pedestrian-oriented facades (see definition);

(4)

Any combination of the above.

Exception: alternative proposals will be considered where the applicant can demonstrate to the county that such proposal can better meet the intent of the guidelines.

(c)

Set back buildings adjacent to SR-3 sufficient to accommodate the planned roadway configuration, planting strip and sidewalk improvements per the Belfair urban growth area plan.

(d)

Through compliance with frontage standards and mid-block crossings, new development shall create a network of primary and secondary pedestrian walkways in the central triangle area between Clifton Way, SR-3, and Old Belfair Highway.

(1)

Intent. To improve the pedestrian environment downtown by making it easier, safer, and more comfortable to walk between businesses, to the street sidewalk, to transit stops, and through parking lots.

(2)

Create a network of primary and secondary pedestrian walkways in the central triangle area between Clifton Way, SR-3, and Old Belfair Highway. These may be one direct route, a curvilinear route, or several indirect routes depending on development opportunities, developer creativity, and constraints on individual properties. Due to the size of the parcels in this area, it is recognized that such a pedestrian network will likely be developed incrementally over time as properties redevelop. However, these properties represent the focal point for downtown Belfair and the area is intended to become the focal point for social, cultural, and festival retail activities in the community as well. The pedestrian network should include at least one primary east-west pedestrian route through the downtown area and contain at least one primary north-south walkway connecting to SR-3. Applicants must demonstrate how their proposal meets the guidelines below and provides for future extensions of the pedestrian network. Specific guidelines:

(A)

Primary walkways in the network must be at least twelve feet in width. Other (secondary) walkways should be sized and designed per subsection 17.25.020(e).

Exceptions:

(i)

The county may approve a six-foot wide pathway width where it can be demonstrated that the primary walkway should follow an interior property line;

(ii)

Where the primary walkway follows an interior roadway, the county may allow reduced walkway widths to no less than eight feet.

(3)

At least thirty-three percent of the combined frontage on both sides of the primary walkway should feature buildings with pedestrian-oriented facades.

Definition: Pedestrian-oriented facades contain transparent window area or window displays along at least thirty-three percent of the building's linear frontage. The primary building entries must be located along this facade. Weather protection, including awnings, canopies, marquees, or overhangs, at least six feet in width and ten foot in height clearance, must be provided along at least eighty percent of the building frontage,

(A)

Where the primary walkway is adjacent to driveways or parking lots, provide street trees on the applicable side at least thirty feet on-center in planting strips (at least twenty square feet per tree) or within tree grates.

(B)

Provide pedestrian lighting (attached to buildings or placed on individual poles between twelve and fourteen feet in height) to achieve two foot-candles on the primary walkway's surface.

(C)

Incorporate pedestrian amenities, including seating, landscaping, and public art, along primary walkways. Specifically, one linear foot of seating (at least sixteen inches deep) should be provided for every thirty square feet of corridor area. Seating may include benches, low seating walls, steps, or, if properly designed, a planter edge or edge of a fountain.

(D)

Untreated blank walls along primary walkways are prohibited.

Figure 2. Illustrating one way new development could meet the site design and pedestrian and vehicular access standards.

(Ord. 133-04 Att. B § 2 (part), 2004; Ord. No. 2022-014, Exh. B-2, 2-28-2022; Ord. No. 2022-093, Att. C, 12-20-2022)

17.23.160 - Building design standards and guidelines.

(a)

Intent.

(1)

To encourage pedestrian activity downtown.

(2)

To make businesses inviting.

(3)

To add comfort and interest to the pedestrian experience along the street front.

(b)

Buildings fronting on Old Belfair Highway and NE Roy Boad Road must feature pedestrian-oriented facades (see Figure 3). This includes:

(1)

Transparent window area or window displays along at least fifty percent of the building's linear frontage;

(2)

Primary building entries located along this façade;

(3)

Weather protection, including awnings, canopies, marquees, or overhangs, at least three feet in width, provided along at least seventy-five percent of the building frontage. Awnings may extend to within four feet of the roadway curb, subject to Mason County building permit review.

(c)

Streets along and within the central triangle area between Clifton Way, SR-3, and Old Belfair Highway shall meet the provisions of (b)(2)and (b)(3).

Figure 3. Illustrating standards for pedestrian-oriented facades.

(Ord. 133-04 Att. B § 2 (part), 2004; Ord. No. 2022-014, Exh. B-2, 2-28-2022)

17.23.165 - Landscaping design standards and guidelines.

(a)

Intent. To mitigate the appearance of parking lots on the streetscape.

(b)

The minimum landscaped area between SR-3 and a parking, service, or outdoor storage area shall be at least fifteen feet and include the following plantings (see Figure 5):

(1)

An average of one tree per twenty linear feet of required landscaped area;

(2)

An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet;

(3)

Ground cover per subsection 17.31.020(4) standards.

(c)

The minimum landscaped area between all other public streets and a parking, service, or outdoor storage area shall be at least ten feet and include the following plantings:

(1)

An average of one tree per thirty linear feet of required landscaped area;

(2)

An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet;

(3)

Ground cover per subsection 17.31.020(4) standards.

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

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

Figure 5. Illustrating standards for landscaping buffers between a street and parking lot.

17.23.170 - Non-conforming uses and structures.

Legally established and continued non-conforming uses and structures shall be allowed to remain subject to the provisions of the Mason County development regulations except that in the mixed-use district the following allowances shall also apply to legally established structures and uses.

(1)

Non-Conforming Structures.

(A)

A non-conforming structure that is damaged or accidentally destroyed up to one hundred percent may be replaced subject to the obtaining of a special use permit wherein compliance where possible with the current design standards and guidelines shall be determined and required.

(B)

A non-conforming structure may be enlarged, extended or structurally altered so long as any new construction does not increase the non-conforming aspects of the structure.

(2)

Non-Conforming Uses.

(A)

A nonconforming use may continue so long as the associated structure is not enlarged by more than twenty percent or the intensity of use of the property for commercial uses is not otherwise increased.

(Ord. 133-04 Att. B § 2 (part), 2004; Ord. No. 2022-014, Exh. B-2, 2-28-2022)

17.23.180 - Applicability.

The provisions of this section and chapter shall apply to all new construction, applications for change of use and/or alterations to existing structures.

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

17.23.200 - Master planned "MP-MU" mixed use district—Purpose.

The purpose of this district is to provide for large-scale master planned developments. This district allows a mix of commercial and residential uses with a focus on business/industrial park development and multifamily housing.

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

17.23.210 - Allowed uses.

The uses permitted in the following zones are permitted in the master planned mixed use district:

(1)

General commercial

(2)

Mixed use

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

17.23.220 - Special uses.

The special uses in the following zones are considered special uses in the master planned mixed use district, unless otherwise permitted per 17.23.210:

(1)

General commercial

(2)

Mixed use

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

17.23.230 - Bulk and dimensional standards.

Bulk and dimensional standards of the mixed use zone shall apply.

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

17.23.240 - Site design standards and guidelines.

Proposals shall meet the UGA design standards found in Chapters 17.25 through 17.35.

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

17.23.250 - Building design standards and guidelines.

Building design standards and guidelines of MCC Chapter 17.30 shall apply.

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

17.23.260 - Landscaping design standards and guidelines.

(a)

Landscaping standards and guidelines of Chapter 17.31 shall apply except where amended below.

(b)

Landscaping design standards and guidelines in MU-MP shall include the following:

(1)

Intent.

(A)

To mitigate the appearance of parking lots on the streetscape.

(B)

To enhance the appearance of the SR-3 corridor.

(2)

The minimum landscaped area between SR-3, north of the railroad, and a parking, service, or outdoor storage area shall be at least thirty feet and include the following plantings (see Figure 5);

(A)

An average of one tree per twenty linear feet of required landscaped area;

(B)

An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet;

(C)

Ground cover per subsection 17.31.020(4) standards.

(3)

The minimum landscaped area between SR-3, south of the railroad, and a parking, service, or outdoor storage area shall be at least fifteen feet and include the following plantings:

(A)

An average of one tree per thirty linear feet of required landscaped area;

(B)

An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet;

(C)

Ground cover per subsection 17.31.020(4) standards.

(4)

The minimum landscaped area between all other streets and a parking, service, or outdoor storage area shall be at least ten feet and include the following plantings:

(A)

An average of one tree per thirty linear feet of required landscaped area;

(B)

An average of one shrub per twenty square feet of planting area. Shrubs shall be at least sixteen inches tall at planting and have a mature height between three and four feet;

(C)

Ground cover per subsection 17.31.020(4) standards.

(c)

The following substitute landscape buffers shall apply to create transitional landscape standards between higher intensity uses and lower intensity uses. Chapter 17.31 Table 3 applicable landscape types shall be applied except as follows:

(1)

Category 3, 4, and 5 uses abutting Categories 1,2, and 3 uses

(A)

Twenty-foot Type A

(B)

Thirty-foot Type B

(C)

Forty-foot Type C

(2)

Category 6 uses abutting Categories 1, 2, and 3 uses

(A)

Thirty-foot Type A

(B)

Forty-foot Type B

(C)

Fifty-foot Type C

(Ord. No. 2022-014, Exh. B-2, 2-28-2022; Ord. No. 2022-093, Att. C, 12-20-2022)

17.23.280 - Master plan.

See MCC 17.70 Master development plans.

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

17.23.290 - Non-conforming uses and structures.

Legally established and non-conforming uses and structures shall be allowed to remain subject to the provisions of the Mason County development regulations.

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

17.23.300 - Applicability.

The provisions of this section and chapter shall apply to all new construction, applications for change of use and/or alterations to existing structures.

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