03 - DEVELOPMENT REQUIREMENTS
Editor's note— Res. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.010, which pertained to permitted uses, generally and derived from Ord. 108-05, adopted 2005.
New residential development connecting to a well that was constructed on or after January 19, 2018, will comply with the following:
(1)
An applicant whose building location is in Water Resource Inventory Area (WRIA) 14, 15, and 22 shall pay a fee of five hundred dollars to Mason County and record relevant water restrictions or limitations with the property title.
(2)
An applicant whose building location is within WRIA 14 and 15 may obtain approval for a withdrawal exempt from permitting under RCW 90.44.050 for domestic use only, with a maximum annual average withdrawal of nine hundred fifty gallons per day per connection.
(3)
An applicant whose building location is within WRIA 22 may obtain approval for a withdrawal exempt from permitting under RCW 90.44.050 for domestic use only, with a maximum annual average withdrawal of three thousand gallons per day per connection.
(4)
An applicant shall manage stormwater runoff on-site to the extent practicable by maximizing infiltration, including using low-impact development techniques, or pursuant to stormwater management requirements adopted by the local permitting authority, if locally adopted requirements are more stringent.
(5)
If a drought emergency order under RCW 43.83B.405, domestic water use may be curtailed to no more than three hundred and fifty gallons per day per connection, for indoor use only.
(a)
Notwithstanding the drought restriction to indoor use, a fire control buffer may be maintained.
(6)
Projects proposing to rely on well water could demonstrate that their proposed withdrawal is not hydraulically connected to closed or regulated surface waters, or that they can provide adequate mitigation to offset new consumptive use impacts. This requires site specific analysis that is typically conducted by a licensed hydrogeologist and is consistent with Mason County Stormwater Regulations (MCC 14.48).
(Ord. No. 2024-019, Att. A, 3-12-2024)
Editor's note— Res. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.020, which pertained to matrix of permitted uses and derived from Ord. 108-05, adopted 2005.
Unless listed in Figure 17.03.021, any use is permitted, subject to department review, in any development area as a home-based occupation, or as a cottage industry. The activity shall be required to obtain a special use permit unless it complies with the following standards:
(1)
On-site parking shall be accommodated for up to ten vehicles for residents, customers and employees; any provision for additional parking shall require a special use permit;
(2)
The outdoor storage of merchandise or materials is allowed if they are not visible to the public from off the site;
(3)
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 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;
(4)
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;
(5)
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 twelve square feet;
(6)
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;
(7)
The cottage industry shall not create an increase of five percent or more in local traffic.
MASON COUNTY
USES PROHIBITED AS COTTAGE INDUSTRIES
FIGURE 17.03.021
(Ord. 73-07 Attach. B (part), 2007; Ord. 108-05 Attach. B (part), 2005; Ord. No. 134-08, 12-16-2008; Ord. No. 2022-093, Att. A, 12-20-2022; Ord. No. 2023-045, Att. A, 8-15-2023)
A.
Purpose. This section provides opportunities for electric vehicle infrastructure for all zoning districts in the county. These regulations are intended to:
1.
Provide adequate and convenient electric vehicle charging stations to serve the needs of the traveling public;
2.
Provide opportunities for Mason County residents to have safe and efficient personal electric vehicle charging stations located at their place of residence; and
3.
Provide the opportunity for commercial and industrial projects to supply electric vehicle charging station services to their customers and employees.
B.
Applicability.
1.
Electric vehicle infrastructure is permitted, as follows:
a.
Electric vehicle charging stations equipped with level 1 or level 2 charging equipment as an accessory use in all zoning districts.
b.
Rapid charging stations also known as level 3 charging in urban growth areas within village commercial, tourist commercial, highway commercial, business park, public facility, planned development, festival retail, mixed use, general commercial, business industrial, low intensity mixed use, commercial-industrial, airport industrial, industrial, public institutional, zones.
c.
Battery exchange stations in urban growth area industrial zones including: business industrial, commercial-industrial, airport industrial, and other industrial zones.
_____
C.
Definitions. For the purposes of this section, the following definitions shall apply:
_____
D.
General Requirements. Installation of electric vehicle infrastructure must be consistent with the rules for electric vehicle infrastructure requirements adopted by the State Building Code Council and the Department of Labor and Industries for the installation of electric vehicle infrastructure. All wires and equipment that convey electric current and any equipment to be operated by electric current must be consistent with the standards in RCW 19.27.540 and 19.28.281.
E.
Process.
1.
An application to establish electric vehicle infrastructure must obtain an electrical permit through Washington State Department of Labor and Industries.
2.
Battery exchange stations that are an addition to an existing use require a site plan review process consistent with Mason County Code Section 17.05.046.
3.
New battery exchange stations require a review process consistent with Mason County Code Section 8.48.050.
(Ord. No. 23-19, Att. B, 3-19-2019)
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.024, which pertained to residential uses as special uses and derived from Ord. 108-05, adopted 2005.
(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.
(Ord. 108-05 Attach. B (part), 2005).
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.028, which pertained to essential public facilities and derived from Ord. 108-05, adopted 2005.
In rural lands, accessory dwelling units (ADU) must meet the following requirements:
(1)
The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a shoreline permit;
(2)
In shoreline jurisdiction, the owner of the ADU must reside on the lot in either the principal residence or ADU;
(3)
The ADU shall be located on the lot of the principal residence or shall be a conversion of an existing detached structure (i.e. garage);
(4)
The ADU shall not exceed eighty percent of the area of the primary residence or one thousand two hundred square feet, whichever is smaller. An existing residence can be converted to an ADU with the development of a new primary residence, the ADU shall be no more than eighty percent of the area of the primary residence and up to one thousand five hundred square feet;
(5)
All setback requirements must be met by the ADU;
(6)
All applicable health district standards for water and sewer must be met by the ADU;
(7)
No recreational vehicles shall be allowed as ADU;
(8)
Only one ADU is allowed on any property;
(9)
An additional off-street parking space must be provided for the ADU.
(Ord. 108-05 Attach. B (part), 2005; Ord. No. 2022-006, Att. B, 1-18-2022; Ord. No. 2022-093, Att. A, 12-20-2022)
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.
(1)
New Lots.
(a)
No new lots will be created within the boundaries of the Belfair, Shelton, and Allyn UGAs, which employ individual or community/group on-site sewage disposal systems except when the following circumstances may apply:
(i)
Use of on-site sewer systems as a transitional strategy where there is a development phasing plan in place (see WAC 365-195-330 [WAC 365-196-330]); or
(ii)
To serve isolated pockets of urban land difficult to serve due to terrain, critical areas or where the benefit of providing an urban level of service is cost-prohibitive; or
(iii)
Where on-site systems are the best available technology for the circumstances and are designed to serve urban densities.
(b)
Location of sewer lines will be prelocated and easements established in conformance with the sewer analysis plan and as illustrated on the Belfair UGA Build-Out Sewer Connection Map.
(2)
Existing Lots of Record.
(a)
No new development or redevelopment on existing lots of record in the Belfair, Shelton, and Allyn UGAs shall be allowed using individual or community/group on-site septic systems except that:
(i)
New development or redevelopment using an existing (as of April 8, 2008) 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 two hundred feet of the property line; and
(ii)
New development or redevelopment of lots, within the Belfair, Shelton, and Allyn UGAs, existing as of August 2, 2011, wherein sewer has not been extended to within two hundred feet of the property line may seek approval for on-site septic system when:
(1)
It complies with all requirements and specifications of the Mason County department of environmental health, and the Mason County department of utilities and waste management; and
(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; and
(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; and
(4)
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; and
(5)
Reserved.
(6)
Reserved.
(7)
The applicant has provided a certificate of future connection to a public sewer system, when it becomes available, that certifies that an irrevocable agreement has been entered into with the sewer utility providing that the property shall be connected to the utility provider's system and that the property owner shall pay all costs of connection, including capital facility fees. This certificate shall be recorded in the real property records of Mason County and shall be a permanent condition on the property running with the land until such time as the costs for connection are fully paid to the utility provider.
(8)
Agreement to decommission the onsite septic system and connect to public sewer within ninety days of the public sewer system extending to within two hundred feet of the subject property's nearest property line. The cost of any connection/extension required will be borne by the property owners. The developer of an extension may collect reasonable latecomer's fees for off-site improvements.
(9)
Subdivisions developed within the UGA but not served initially by sewer will install sewer mains as an element of road and water system construction. Capital facilities charges shall be waived for such a development until sewer is available within two hundred feet.
(b)
All residential, industrial and commercial structures, currently using on-site disposal systems, will be required to connect to public sewers once a public system is extended to within two hundred 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.
(c)
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 two hundred feet of the closest property line.
(3)
Existing Lot Consolidation or Boundary Adjustment. Within the Belfair, Shelton, and Allyn UGA, consolidation of existing residential lots to form a single lot greater than eight thousand square feet 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 subsection (2) above.
(Ord. 108-05 Attach. B (part), 2005; Ord. 10-07 (part), 2007; Ord. 91-07 (part), 2007; Ord. 30-08 Attach. (part), 2008; Ord. 45-08 Attach. A (part), 2008; Ord. 59-08 Attach. A (part), 2008; Ord. No. 16-09, 3-3-2009; Ord. No. 55-12, Att. A, 7-10-2012; Ord. No. 46-17, 8-1-2017; Ord. No. 23-19, Att. A, 3-19-2019; Ord. No. 2022-093, Att. A, 12-20-2022; Ord. No. 2024-080, § 6(Att. D), 12-17-2024)
The following development requirements apply to all property proposed for development, which is within the boundary of Mason County's Urban Growth Areas (UGA).
(1)
No new individual or two-party private water sources shall be established in areas where water is available from an existing Group A public water system or within the service area of an existing Group A public water system.
(2)
Alternative water service shall be permitted on an interim basis, only if service from a Group A public water system cannot be provided in a timely and reasonable manner.
(A)
Interim water service from an existing Group B public water purveyor or the development of an individual well may be allowed with the following findings:
(i)
The applicant has submitted verification in writing of water availability from the water system Group A or B purveyor, as well as a letter from the same purveyor that demonstrates to the community development department that receiving water from the purveyor at the time of construction is unfeasible and thus cannot be provided in a timely and reasonable manner as outlined by the process provided below:
a.
The purveyor states in writing that it is unable or unwilling to provide service, or within one hundred twenty days, the purveyor and applicant are unable to negotiate an agreement on the schedule and terms providing service. The one hundred twenty-day period commences at the first meeting between the purveyor and the applicant. Written confirmation of an agreement between the applicant and purveyor must be reached by the end of the one hundred twenty-day period.
b.
If the applicant is unable to acquire a response from the purveyor, a certified letter to the purveyor requesting service shall serve as notice of the one hundred twenty-day negotiation start date.
(ii)
The applicant has provided a certificate of future connection from the appropriate Group A water purveyor that certifies that an irrevocable agreement has been entered into with the purveyor providing that the property shall be connected to the purveyor's water system upon availability of such water service and that the property owner shall pay all costs of connection. The applicant agrees to decommission any well that is abandoned in the process of connection to a Group A water system in conformance with applicable state law, WAC 173-160. This certificate shall be recorded in the real property records of Mason County and shall be a permanent condition on the property running with the land until such time as the costs for connection are fully paid to the purveyor.
(Ord. No. 2022-093, Att. A, 12-20-2022)
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed the former § 17.03.031, and enacted a new section as set out herein. The former § 17.03.031 pertained to binding site plan required in the Belfair UGA (Southern Connection—Long-term UGA Zone) and derived from Ord. 108-05, adopted 2005; Ord. 10-07, adopted 2007; Ord. 91-07, adopted 2007; Ord. 30-08, adopted 2008; Ord. 45-08, adopted 2008; Ord. 59-08, adopted 2008; Ord. No. 118-08, adopted Nov. 4, 2008.
(a)
Development Densities. Development densities for residential development are calculated as the allowed number of dwelling units per acre (DU/ac). For all development areas within the county, development densities are included in Chapter 17.04 for rural lands and Chapter 8.52 for resource lands.
(b)
This chapter regulates residential lot development through the use of standard residential density limits and maximum residential density limits, as contained in 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 the 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 activity centers the standard residential density is one dwelling unit per two and one-half acres. Therefore, if a lot was less than two and one-half 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 subsection (b)(3)(B), (3)(C), or (3)(D) of this section, no residential lot of less than the standard residential density may be created or reduced in size except through the provisions of subsection (b)(3)(C)(iv). 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 twenty acres might be divided into three lots of two acres each and one lot of fourteen acres, provided that the fourteen-acre lot would have the right to only one dwelling, and could not be further subdivided for residential purposes;
(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:
(i)
Any new lot created by this method shall be considered a conforming lot,
(ii)
The provisions of this section shall apply only to lots and dwellings that were legally created and built,
(iii)
The provisions of this section shall not apply to dwellings that were permitted as accessory dwellings or temporary dwellings,
(iv)
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 to serve the dwelling,
c.
Each dwelling shall be served by a sufficient supply of potable water, and
d.
The division of land shall occur in a manner that minimizes any nonconformity related to minimum lot size or setback requirement;
(C)
Boundary Line Adjustments.
(i)
Boundary line adjustments to existing lots in rural residential districts may reduce the size of a lot that is already nonconforming as to density provided that the lot is not reduced below the minimum lot size of two acres;
(ii)
Boundary line adjustments in rural residential districts for existing lots under two acres may reduce the size of the existing nonconforming lot, provided that:
a.
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
b.
The new boundary recognizes a logical physical boundary or condition; the net reduction does not exceed twenty 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;
(iii)
Boundary line adjustments in rural residential districts may reduce the size of a lot currently two acres or larger to below the minimum lot size of two 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;
(iv)
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 (five, ten, or twenty acres), provided that development density is not increased. For, example, in a Rural Residential 5 zone, a BLA between a five-acre lot and a seven-acre lot cannot create a two-acre lot (minimum allowed lot size) and a ten-acre lot as the ten-acre lot would appear to have additional density;
(v)
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;
(vi)
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;
(vii)
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 nonconforming lot;
(D)
When property is acquired in fee ownership by the public for public purposes by condemnation or other means:
(i)
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;
(ii)
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; and
(iii)
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 and, setbacks as set forth 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, 1998) 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:
(i)
For the nonconforming lots, one lot for every four existing lots, or one lot per two and one-half acres, whichever is the greater number of lots; provided that existing lots greater than two and one-half acres shall not count for more than one lot in the proposed plat or re-plat;
(ii)
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 two and one-half 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 Two Acres in Size. The layout of lots that are less than two acres in size set forth in subsection (b)(5)(A) of this section should use the following standards:
(i)
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;
(ii)
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 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;
(iii)
When applicable, the design of an open space area should address the following:
a.
Interconnection with designated open space on abutting properties,
b.
The preservation of important site features, such as rare or unusual stands of trees, unique geological features, or important wildlife habitat,
c.
Direct access from as many lots as possible within the development,
d.
Minimizing the fragmentation of the open space areas. To the greatest extent possible, the designated open space should be located in large, undivided areas, and
e.
A curvilinear roadway design which minimizes the visual impact of houses as may be seen from the exterior of the site;
(iv)
When applicable, the design of the proposal should avoid the following:
a.
The interruption of scenic views and vistas,
b.
Construction on hill tops or ridge lines,
c.
Direct lot access or frontage on existing public ways,
d.
A "linear" configuration of open space (except when following a linear site feature, such as a river, creek or stream);
(v)
Lots intended for residential use of less than twenty thousand square feet area are not allowed; and
(vi)
Residential lots shall be grouped into clusters of two to eight lots with an open space separation of at least one hundred 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 may be exceeded by up to fifty percent.
(Ord. 108-05 Attach. B (part), 2005; Ord. No. 2022-093, Att. A, 12-20-2022)
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.033, which pertained to performance-based density bonuses and derived from Ord. 108-05, adopted 2005.
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.
Figure 17.03.034
CLASSIFICATION OF LAND USES
Category I
Open Space
- Passive recreation areas
- Walking or hiking trails
- Cemeteries
Residential, Type I
- Detached, single-family dwelling; 1 du/20 ac. or greater
- Accessory apartment
- Home occupation
- Child day care, family
Agriculture, Type I
- Crops
- Orchards
- Vineyards
- Pasture
- Farm stands
- Greenhouses, no sales to the public
Category II
Residential, Type II
- Detached, single-family dwelling; 1 du/ac. to 1 du/20 ac.
- Two to four-family dwelling; 1 du/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
Lodging, Type I
- Campgrounds
- RV parks
- Bed and Breakfast, 12 or fewer guest rooms
- Vacant land
Category III
Residential, Type III
- Attached or detached single-family dwellings, more than 1 du/ac
- Multi-family dwellings
- Mobile home parks
Group Care Facilities, Type II
- Adult retirement communities
- Assisted living facilities
Category IV
Lodging, Type II
- Bed and Breakfast
- Motel
- Boarding House
- Hotel
Commercial, Type I
(hours of operation limited to 7:00 a.m. to 8:00 p.m.)
- Professional offices
- Retail, less than 10,000 square feet
- Medical clinics
- Banks
Agriculture, Type II
- Greenhouses
- Nursery yards
- Livestock
- Kennels
- Parking Areas, Lots
- Cottage Industries
Category V
Commercial, Type II
- Retail, general
- Hospitals
- 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
Industrial, Type II
- Heavy industry
- Mining, extraction
- Airport
Agriculture, Type III
- Forestry
- Logging
Rifle range
- Wrecking/junk yard
(Ord. 108-05 Attach. B (part), 2005)
(a)
Cluster development, as provided in Chapter 16.23, Mason County Code, may be allowed 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 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 ten 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.
(Ord. 108-05 Attach. B (part), 2005).
(Ord. No. 2022-093, Att. A, 12-20-2022)
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.036, which pertained to buffer and landscape requirements and derived from Ord. 108-05, adopted 2005.
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 described in this chapter:
(1)
The standard residential density allowed for development on agricultural resource lands is one dwelling unit per ten acres, except as otherwise provided in this section.
(A)
Resource subdivisions or short plats in agricultural resource lands are subject to the cluster subdivision provisions of Chapter 16.23 of this 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:
(i)
Only one such additional lot may be created for all land which was contiguous and in the same ownership as of December 31, 1997,
(ii)
Each residence existing or vested at the time of application for the land division shall be each placed on their own residential lot;
(B)
Each residential lot created as provided in subsection (1)(A) of this section, is allowed one dwelling unit;
(2)
Agricultural resource lands are 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;
(3)
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;
(4)
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," without a performance based subdivision and without compliance with the performance standards or criteria for such subdivisions as established in Chapter 16.22 of this code.
(Ord. 108-05 Attach. B (part), 2005).
(Ord. No. 2022-093, Att. A, 12-20-2022)
(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 three vehicles located on the parcel;
(2)
No parcel having a residence shall have more than ten vehicles located on the parcel;
(3)
The limits of criteria (1) and (2) of this section 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) of this section;
(5)
All vehicle accumulations on a parcel made nonconforming 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 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.
(Ord. 108-05 Attach. B (part), 2005).
(Ord. No. 47-09, Attach. C, 6-2-2009)
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.105, which pertained to motor vehicle impound yards and derived from Ord. 108-05, adopted 2005.
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.
(Ord. No. 134-08, 12-16-2008)
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.
(Ord. No. 134-08, 12-16-2008)
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 shall not be placed in a location typically used by motor vehicles in a lawful manner (road shoulders).
(3)
Signs shall not be placed in a location, which may impede pedestrian, bicycle, or handicapped travel or access.
(4)
Signs shall not be placed within drainage areas and other areas maintained by the county public works department.
(5)
Signs shall not exceed four square feet in size.
D.
Signs shall not be posted on trees including in county right-of-way.
E.
Animated or flashing signs, provided that changing message center signs may be allowed when the image and/or message remains fixed for at least five 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;
F.
Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or which obstruct the visibility of traffic or street sign or signal device from the traffic intended to be served by the sign, signal or device;
G.
Advertising Vehicles. Signs that are attached to or placed on or in a vehicle or trailer parked on public or private property such that the primary use or intent becomes advertising. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business;
H.
Signs attached to utility poles or any other publicly owned structure;
I.
Off-premises signs except for temporary signs as allowed in section 17.05.025. An off-premises sign shall not include a sign located on private property, other than the property where the business (business, commodity, service or entertainment conducted, sold or offered) is located provided that:
(1)
The sign is placed with the property owner's consent;
(2)
The business does not have frontage on a collector road; and
(3)
The sign is placed for visibility from the collector road nearest to the business.
J.
Any county official may confiscate signs wrongfully placed in the right-of-way or off-premises signs located in trees.
(Ord. No. 134-08, 12-16-2008)
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 in 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 fines and 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.
(Ord. No. 134-08, 12-16-2008)
03 - DEVELOPMENT REQUIREMENTS
Editor's note— Res. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.010, which pertained to permitted uses, generally and derived from Ord. 108-05, adopted 2005.
New residential development connecting to a well that was constructed on or after January 19, 2018, will comply with the following:
(1)
An applicant whose building location is in Water Resource Inventory Area (WRIA) 14, 15, and 22 shall pay a fee of five hundred dollars to Mason County and record relevant water restrictions or limitations with the property title.
(2)
An applicant whose building location is within WRIA 14 and 15 may obtain approval for a withdrawal exempt from permitting under RCW 90.44.050 for domestic use only, with a maximum annual average withdrawal of nine hundred fifty gallons per day per connection.
(3)
An applicant whose building location is within WRIA 22 may obtain approval for a withdrawal exempt from permitting under RCW 90.44.050 for domestic use only, with a maximum annual average withdrawal of three thousand gallons per day per connection.
(4)
An applicant shall manage stormwater runoff on-site to the extent practicable by maximizing infiltration, including using low-impact development techniques, or pursuant to stormwater management requirements adopted by the local permitting authority, if locally adopted requirements are more stringent.
(5)
If a drought emergency order under RCW 43.83B.405, domestic water use may be curtailed to no more than three hundred and fifty gallons per day per connection, for indoor use only.
(a)
Notwithstanding the drought restriction to indoor use, a fire control buffer may be maintained.
(6)
Projects proposing to rely on well water could demonstrate that their proposed withdrawal is not hydraulically connected to closed or regulated surface waters, or that they can provide adequate mitigation to offset new consumptive use impacts. This requires site specific analysis that is typically conducted by a licensed hydrogeologist and is consistent with Mason County Stormwater Regulations (MCC 14.48).
(Ord. No. 2024-019, Att. A, 3-12-2024)
Editor's note— Res. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.020, which pertained to matrix of permitted uses and derived from Ord. 108-05, adopted 2005.
Unless listed in Figure 17.03.021, any use is permitted, subject to department review, in any development area as a home-based occupation, or as a cottage industry. The activity shall be required to obtain a special use permit unless it complies with the following standards:
(1)
On-site parking shall be accommodated for up to ten vehicles for residents, customers and employees; any provision for additional parking shall require a special use permit;
(2)
The outdoor storage of merchandise or materials is allowed if they are not visible to the public from off the site;
(3)
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 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;
(4)
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;
(5)
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 twelve square feet;
(6)
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;
(7)
The cottage industry shall not create an increase of five percent or more in local traffic.
MASON COUNTY
USES PROHIBITED AS COTTAGE INDUSTRIES
FIGURE 17.03.021
(Ord. 73-07 Attach. B (part), 2007; Ord. 108-05 Attach. B (part), 2005; Ord. No. 134-08, 12-16-2008; Ord. No. 2022-093, Att. A, 12-20-2022; Ord. No. 2023-045, Att. A, 8-15-2023)
A.
Purpose. This section provides opportunities for electric vehicle infrastructure for all zoning districts in the county. These regulations are intended to:
1.
Provide adequate and convenient electric vehicle charging stations to serve the needs of the traveling public;
2.
Provide opportunities for Mason County residents to have safe and efficient personal electric vehicle charging stations located at their place of residence; and
3.
Provide the opportunity for commercial and industrial projects to supply electric vehicle charging station services to their customers and employees.
B.
Applicability.
1.
Electric vehicle infrastructure is permitted, as follows:
a.
Electric vehicle charging stations equipped with level 1 or level 2 charging equipment as an accessory use in all zoning districts.
b.
Rapid charging stations also known as level 3 charging in urban growth areas within village commercial, tourist commercial, highway commercial, business park, public facility, planned development, festival retail, mixed use, general commercial, business industrial, low intensity mixed use, commercial-industrial, airport industrial, industrial, public institutional, zones.
c.
Battery exchange stations in urban growth area industrial zones including: business industrial, commercial-industrial, airport industrial, and other industrial zones.
_____
C.
Definitions. For the purposes of this section, the following definitions shall apply:
_____
D.
General Requirements. Installation of electric vehicle infrastructure must be consistent with the rules for electric vehicle infrastructure requirements adopted by the State Building Code Council and the Department of Labor and Industries for the installation of electric vehicle infrastructure. All wires and equipment that convey electric current and any equipment to be operated by electric current must be consistent with the standards in RCW 19.27.540 and 19.28.281.
E.
Process.
1.
An application to establish electric vehicle infrastructure must obtain an electrical permit through Washington State Department of Labor and Industries.
2.
Battery exchange stations that are an addition to an existing use require a site plan review process consistent with Mason County Code Section 17.05.046.
3.
New battery exchange stations require a review process consistent with Mason County Code Section 8.48.050.
(Ord. No. 23-19, Att. B, 3-19-2019)
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.024, which pertained to residential uses as special uses and derived from Ord. 108-05, adopted 2005.
(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.
(Ord. 108-05 Attach. B (part), 2005).
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.028, which pertained to essential public facilities and derived from Ord. 108-05, adopted 2005.
In rural lands, accessory dwelling units (ADU) must meet the following requirements:
(1)
The ADU shall be subject to a special use permit, unless in the shoreline jurisdiction, it is subject to a shoreline permit;
(2)
In shoreline jurisdiction, the owner of the ADU must reside on the lot in either the principal residence or ADU;
(3)
The ADU shall be located on the lot of the principal residence or shall be a conversion of an existing detached structure (i.e. garage);
(4)
The ADU shall not exceed eighty percent of the area of the primary residence or one thousand two hundred square feet, whichever is smaller. An existing residence can be converted to an ADU with the development of a new primary residence, the ADU shall be no more than eighty percent of the area of the primary residence and up to one thousand five hundred square feet;
(5)
All setback requirements must be met by the ADU;
(6)
All applicable health district standards for water and sewer must be met by the ADU;
(7)
No recreational vehicles shall be allowed as ADU;
(8)
Only one ADU is allowed on any property;
(9)
An additional off-street parking space must be provided for the ADU.
(Ord. 108-05 Attach. B (part), 2005; Ord. No. 2022-006, Att. B, 1-18-2022; Ord. No. 2022-093, Att. A, 12-20-2022)
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.
(1)
New Lots.
(a)
No new lots will be created within the boundaries of the Belfair, Shelton, and Allyn UGAs, which employ individual or community/group on-site sewage disposal systems except when the following circumstances may apply:
(i)
Use of on-site sewer systems as a transitional strategy where there is a development phasing plan in place (see WAC 365-195-330 [WAC 365-196-330]); or
(ii)
To serve isolated pockets of urban land difficult to serve due to terrain, critical areas or where the benefit of providing an urban level of service is cost-prohibitive; or
(iii)
Where on-site systems are the best available technology for the circumstances and are designed to serve urban densities.
(b)
Location of sewer lines will be prelocated and easements established in conformance with the sewer analysis plan and as illustrated on the Belfair UGA Build-Out Sewer Connection Map.
(2)
Existing Lots of Record.
(a)
No new development or redevelopment on existing lots of record in the Belfair, Shelton, and Allyn UGAs shall be allowed using individual or community/group on-site septic systems except that:
(i)
New development or redevelopment using an existing (as of April 8, 2008) 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 two hundred feet of the property line; and
(ii)
New development or redevelopment of lots, within the Belfair, Shelton, and Allyn UGAs, existing as of August 2, 2011, wherein sewer has not been extended to within two hundred feet of the property line may seek approval for on-site septic system when:
(1)
It complies with all requirements and specifications of the Mason County department of environmental health, and the Mason County department of utilities and waste management; and
(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; and
(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; and
(4)
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; and
(5)
Reserved.
(6)
Reserved.
(7)
The applicant has provided a certificate of future connection to a public sewer system, when it becomes available, that certifies that an irrevocable agreement has been entered into with the sewer utility providing that the property shall be connected to the utility provider's system and that the property owner shall pay all costs of connection, including capital facility fees. This certificate shall be recorded in the real property records of Mason County and shall be a permanent condition on the property running with the land until such time as the costs for connection are fully paid to the utility provider.
(8)
Agreement to decommission the onsite septic system and connect to public sewer within ninety days of the public sewer system extending to within two hundred feet of the subject property's nearest property line. The cost of any connection/extension required will be borne by the property owners. The developer of an extension may collect reasonable latecomer's fees for off-site improvements.
(9)
Subdivisions developed within the UGA but not served initially by sewer will install sewer mains as an element of road and water system construction. Capital facilities charges shall be waived for such a development until sewer is available within two hundred feet.
(b)
All residential, industrial and commercial structures, currently using on-site disposal systems, will be required to connect to public sewers once a public system is extended to within two hundred 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.
(c)
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 two hundred feet of the closest property line.
(3)
Existing Lot Consolidation or Boundary Adjustment. Within the Belfair, Shelton, and Allyn UGA, consolidation of existing residential lots to form a single lot greater than eight thousand square feet 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 subsection (2) above.
(Ord. 108-05 Attach. B (part), 2005; Ord. 10-07 (part), 2007; Ord. 91-07 (part), 2007; Ord. 30-08 Attach. (part), 2008; Ord. 45-08 Attach. A (part), 2008; Ord. 59-08 Attach. A (part), 2008; Ord. No. 16-09, 3-3-2009; Ord. No. 55-12, Att. A, 7-10-2012; Ord. No. 46-17, 8-1-2017; Ord. No. 23-19, Att. A, 3-19-2019; Ord. No. 2022-093, Att. A, 12-20-2022; Ord. No. 2024-080, § 6(Att. D), 12-17-2024)
The following development requirements apply to all property proposed for development, which is within the boundary of Mason County's Urban Growth Areas (UGA).
(1)
No new individual or two-party private water sources shall be established in areas where water is available from an existing Group A public water system or within the service area of an existing Group A public water system.
(2)
Alternative water service shall be permitted on an interim basis, only if service from a Group A public water system cannot be provided in a timely and reasonable manner.
(A)
Interim water service from an existing Group B public water purveyor or the development of an individual well may be allowed with the following findings:
(i)
The applicant has submitted verification in writing of water availability from the water system Group A or B purveyor, as well as a letter from the same purveyor that demonstrates to the community development department that receiving water from the purveyor at the time of construction is unfeasible and thus cannot be provided in a timely and reasonable manner as outlined by the process provided below:
a.
The purveyor states in writing that it is unable or unwilling to provide service, or within one hundred twenty days, the purveyor and applicant are unable to negotiate an agreement on the schedule and terms providing service. The one hundred twenty-day period commences at the first meeting between the purveyor and the applicant. Written confirmation of an agreement between the applicant and purveyor must be reached by the end of the one hundred twenty-day period.
b.
If the applicant is unable to acquire a response from the purveyor, a certified letter to the purveyor requesting service shall serve as notice of the one hundred twenty-day negotiation start date.
(ii)
The applicant has provided a certificate of future connection from the appropriate Group A water purveyor that certifies that an irrevocable agreement has been entered into with the purveyor providing that the property shall be connected to the purveyor's water system upon availability of such water service and that the property owner shall pay all costs of connection. The applicant agrees to decommission any well that is abandoned in the process of connection to a Group A water system in conformance with applicable state law, WAC 173-160. This certificate shall be recorded in the real property records of Mason County and shall be a permanent condition on the property running with the land until such time as the costs for connection are fully paid to the purveyor.
(Ord. No. 2022-093, Att. A, 12-20-2022)
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed the former § 17.03.031, and enacted a new section as set out herein. The former § 17.03.031 pertained to binding site plan required in the Belfair UGA (Southern Connection—Long-term UGA Zone) and derived from Ord. 108-05, adopted 2005; Ord. 10-07, adopted 2007; Ord. 91-07, adopted 2007; Ord. 30-08, adopted 2008; Ord. 45-08, adopted 2008; Ord. 59-08, adopted 2008; Ord. No. 118-08, adopted Nov. 4, 2008.
(a)
Development Densities. Development densities for residential development are calculated as the allowed number of dwelling units per acre (DU/ac). For all development areas within the county, development densities are included in Chapter 17.04 for rural lands and Chapter 8.52 for resource lands.
(b)
This chapter regulates residential lot development through the use of standard residential density limits and maximum residential density limits, as contained in 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 the 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 activity centers the standard residential density is one dwelling unit per two and one-half acres. Therefore, if a lot was less than two and one-half 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 subsection (b)(3)(B), (3)(C), or (3)(D) of this section, no residential lot of less than the standard residential density may be created or reduced in size except through the provisions of subsection (b)(3)(C)(iv). 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 twenty acres might be divided into three lots of two acres each and one lot of fourteen acres, provided that the fourteen-acre lot would have the right to only one dwelling, and could not be further subdivided for residential purposes;
(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:
(i)
Any new lot created by this method shall be considered a conforming lot,
(ii)
The provisions of this section shall apply only to lots and dwellings that were legally created and built,
(iii)
The provisions of this section shall not apply to dwellings that were permitted as accessory dwellings or temporary dwellings,
(iv)
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 to serve the dwelling,
c.
Each dwelling shall be served by a sufficient supply of potable water, and
d.
The division of land shall occur in a manner that minimizes any nonconformity related to minimum lot size or setback requirement;
(C)
Boundary Line Adjustments.
(i)
Boundary line adjustments to existing lots in rural residential districts may reduce the size of a lot that is already nonconforming as to density provided that the lot is not reduced below the minimum lot size of two acres;
(ii)
Boundary line adjustments in rural residential districts for existing lots under two acres may reduce the size of the existing nonconforming lot, provided that:
a.
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
b.
The new boundary recognizes a logical physical boundary or condition; the net reduction does not exceed twenty 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;
(iii)
Boundary line adjustments in rural residential districts may reduce the size of a lot currently two acres or larger to below the minimum lot size of two 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;
(iv)
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 (five, ten, or twenty acres), provided that development density is not increased. For, example, in a Rural Residential 5 zone, a BLA between a five-acre lot and a seven-acre lot cannot create a two-acre lot (minimum allowed lot size) and a ten-acre lot as the ten-acre lot would appear to have additional density;
(v)
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;
(vi)
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;
(vii)
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 nonconforming lot;
(D)
When property is acquired in fee ownership by the public for public purposes by condemnation or other means:
(i)
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;
(ii)
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; and
(iii)
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 and, setbacks as set forth 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, 1998) 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:
(i)
For the nonconforming lots, one lot for every four existing lots, or one lot per two and one-half acres, whichever is the greater number of lots; provided that existing lots greater than two and one-half acres shall not count for more than one lot in the proposed plat or re-plat;
(ii)
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 two and one-half 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 Two Acres in Size. The layout of lots that are less than two acres in size set forth in subsection (b)(5)(A) of this section should use the following standards:
(i)
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;
(ii)
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 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;
(iii)
When applicable, the design of an open space area should address the following:
a.
Interconnection with designated open space on abutting properties,
b.
The preservation of important site features, such as rare or unusual stands of trees, unique geological features, or important wildlife habitat,
c.
Direct access from as many lots as possible within the development,
d.
Minimizing the fragmentation of the open space areas. To the greatest extent possible, the designated open space should be located in large, undivided areas, and
e.
A curvilinear roadway design which minimizes the visual impact of houses as may be seen from the exterior of the site;
(iv)
When applicable, the design of the proposal should avoid the following:
a.
The interruption of scenic views and vistas,
b.
Construction on hill tops or ridge lines,
c.
Direct lot access or frontage on existing public ways,
d.
A "linear" configuration of open space (except when following a linear site feature, such as a river, creek or stream);
(v)
Lots intended for residential use of less than twenty thousand square feet area are not allowed; and
(vi)
Residential lots shall be grouped into clusters of two to eight lots with an open space separation of at least one hundred 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 may be exceeded by up to fifty percent.
(Ord. 108-05 Attach. B (part), 2005; Ord. No. 2022-093, Att. A, 12-20-2022)
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.033, which pertained to performance-based density bonuses and derived from Ord. 108-05, adopted 2005.
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.
Figure 17.03.034
CLASSIFICATION OF LAND USES
Category I
Open Space
- Passive recreation areas
- Walking or hiking trails
- Cemeteries
Residential, Type I
- Detached, single-family dwelling; 1 du/20 ac. or greater
- Accessory apartment
- Home occupation
- Child day care, family
Agriculture, Type I
- Crops
- Orchards
- Vineyards
- Pasture
- Farm stands
- Greenhouses, no sales to the public
Category II
Residential, Type II
- Detached, single-family dwelling; 1 du/ac. to 1 du/20 ac.
- Two to four-family dwelling; 1 du/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
Lodging, Type I
- Campgrounds
- RV parks
- Bed and Breakfast, 12 or fewer guest rooms
- Vacant land
Category III
Residential, Type III
- Attached or detached single-family dwellings, more than 1 du/ac
- Multi-family dwellings
- Mobile home parks
Group Care Facilities, Type II
- Adult retirement communities
- Assisted living facilities
Category IV
Lodging, Type II
- Bed and Breakfast
- Motel
- Boarding House
- Hotel
Commercial, Type I
(hours of operation limited to 7:00 a.m. to 8:00 p.m.)
- Professional offices
- Retail, less than 10,000 square feet
- Medical clinics
- Banks
Agriculture, Type II
- Greenhouses
- Nursery yards
- Livestock
- Kennels
- Parking Areas, Lots
- Cottage Industries
Category V
Commercial, Type II
- Retail, general
- Hospitals
- 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
Industrial, Type II
- Heavy industry
- Mining, extraction
- Airport
Agriculture, Type III
- Forestry
- Logging
Rifle range
- Wrecking/junk yard
(Ord. 108-05 Attach. B (part), 2005)
(a)
Cluster development, as provided in Chapter 16.23, Mason County Code, may be allowed 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 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 ten 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.
(Ord. 108-05 Attach. B (part), 2005).
(Ord. No. 2022-093, Att. A, 12-20-2022)
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.036, which pertained to buffer and landscape requirements and derived from Ord. 108-05, adopted 2005.
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 described in this chapter:
(1)
The standard residential density allowed for development on agricultural resource lands is one dwelling unit per ten acres, except as otherwise provided in this section.
(A)
Resource subdivisions or short plats in agricultural resource lands are subject to the cluster subdivision provisions of Chapter 16.23 of this 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:
(i)
Only one such additional lot may be created for all land which was contiguous and in the same ownership as of December 31, 1997,
(ii)
Each residence existing or vested at the time of application for the land division shall be each placed on their own residential lot;
(B)
Each residential lot created as provided in subsection (1)(A) of this section, is allowed one dwelling unit;
(2)
Agricultural resource lands are 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;
(3)
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;
(4)
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," without a performance based subdivision and without compliance with the performance standards or criteria for such subdivisions as established in Chapter 16.22 of this code.
(Ord. 108-05 Attach. B (part), 2005).
(Ord. No. 2022-093, Att. A, 12-20-2022)
(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 three vehicles located on the parcel;
(2)
No parcel having a residence shall have more than ten vehicles located on the parcel;
(3)
The limits of criteria (1) and (2) of this section 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) of this section;
(5)
All vehicle accumulations on a parcel made nonconforming 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 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.
(Ord. 108-05 Attach. B (part), 2005).
(Ord. No. 47-09, Attach. C, 6-2-2009)
Editor's note— Ord. No. 2022-093, Att. A, adopted Dec. 20, 2022, repealed § 17.03.105, which pertained to motor vehicle impound yards and derived from Ord. 108-05, adopted 2005.
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.
(Ord. No. 134-08, 12-16-2008)
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.
(Ord. No. 134-08, 12-16-2008)
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 shall not be placed in a location typically used by motor vehicles in a lawful manner (road shoulders).
(3)
Signs shall not be placed in a location, which may impede pedestrian, bicycle, or handicapped travel or access.
(4)
Signs shall not be placed within drainage areas and other areas maintained by the county public works department.
(5)
Signs shall not exceed four square feet in size.
D.
Signs shall not be posted on trees including in county right-of-way.
E.
Animated or flashing signs, provided that changing message center signs may be allowed when the image and/or message remains fixed for at least five 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;
F.
Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with or construed as a traffic control sign, signal or device, or the light of an emergency or radio equipment vehicle, or which obstruct the visibility of traffic or street sign or signal device from the traffic intended to be served by the sign, signal or device;
G.
Advertising Vehicles. Signs that are attached to or placed on or in a vehicle or trailer parked on public or private property such that the primary use or intent becomes advertising. This provision is not to be construed as prohibiting the identification of a firm or its principal products on a vehicle operating during normal course of business;
H.
Signs attached to utility poles or any other publicly owned structure;
I.
Off-premises signs except for temporary signs as allowed in section 17.05.025. An off-premises sign shall not include a sign located on private property, other than the property where the business (business, commodity, service or entertainment conducted, sold or offered) is located provided that:
(1)
The sign is placed with the property owner's consent;
(2)
The business does not have frontage on a collector road; and
(3)
The sign is placed for visibility from the collector road nearest to the business.
J.
Any county official may confiscate signs wrongfully placed in the right-of-way or off-premises signs located in trees.
(Ord. No. 134-08, 12-16-2008)
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 in 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 fines and 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.
(Ord. No. 134-08, 12-16-2008)