Structures which are assembled for a certain purpose or use shall be reviewed under the standards of that use (for example, boathouse, dock, boat lift, shed or deck), whether secured in a fixed location or on a mobile framework.

(Ord. 108-05 Attach. B (part), 2005).

The provisions of this section shall apply to buildings, lands or uses which become nonconforming as a result of the application of this chapter to them, or from the classification or reclassification of the property under this chapter, or any subsequent amendment thereto.

(Ord. 108-05 Attach. B (part), 2005).

(a)

Any lawful use of land and/or building or structure, either existing or under construction, may be continued, without regard to whether the use or building becomes nonconforming as a result of application of this chapter.

(b)

Any lawful use of land and/or building or structure for which a use or building permit has been applied may (subject to the issuance of such permit) be completed, and may be used as intended, without regard to whether the use or building would be nonconforming as a result of application of this chapter.

(c)

Any lawful use of land and/or building or structure which is vested by application of state law may be completed, and may be used as intended, without regard to whether the use or building would be nonconforming as a result of application of this chapter.

(Ord. 108-05 Attach. B (part), 2005).

(a)

Unless otherwise specifically provided in this chapter, nonconforming buildings shall not be enlarged or structurally altered unless the enlargement or alteration is required by law, or unless the enlarged building area is occupied by a conforming use. Any such enlargement or structural alteration shall meet the setback and buffer requirements of this chapter, as those setback and buffer requirements are applied to the entire parcel of land, subject to the determination of the administrator.

(b)

Nonconforming nonresidential uses and structures located outside urban growth areas may be permitted to expand, subject to the following conditions:

(1)

The floor area of the existing building(s) shall not increase by more than twenty percent or ten thousand square feet, whichever is greater; and

(2)

The setback and buffer yard requirements of this chapter shall be applied to the entire parcel of land, and shall be met, subject to the determination of the administrator.

(c)

Normal upkeep, repair and maintenance of nonconforming structures is permitted, provided that such activities shall not increase the nonconformity of the use or structure(s).

(d)

Unless otherwise specifically provided in this chapter, no nonconforming use shall be enlarged or increased, or extended to occupy a greater area of land than occupied by such use at the time this chapter becomes effective.

(e)

Unless otherwise specifically provided in this chapter, no nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel of land occupied by the nonconforming use at the time this chapter becomes effective.

(Ord. 108-05 Attach. B (part), 2005).

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

(a)

If any nonconforming use of land and/or building is abandoned, or ceases for any reason whatsoever (including destruction of the building) for a period of two years or more, then any future use of such land and/or building shall conform to the provisions of this chapter. Upon written request of the property owner, the administrator shall grant one, one-year extension to the aforementioned two-year period.

(b)

Any nonconforming building or structure which has been damaged or destroyed by fire, earthquake, flood, wind or other disaster may be rebuilt for the same nonconforming use only, subject to the following restrictions:

(1)

The restoration or repair of such nonconforming building shall not serve to extend or increase the nonconformance of the original building or use; and

(2)

A building permit allowing for such restoration or repair must be issued within two years of the disaster. Upon written request of the property owner, the administrator shall grant one, one-year extension to the aforementioned two-year period.

(Ord. 108-05 Attach. B (part), 2005).

Any current nonconforming use of land or a structure shall not be changed to any other use, unless:

(1)

The new use conforms to the provisions of the ordinance codified in this chapter;

(2)

The new use is of equal or lesser intensity than the most current use, as determined by the Classification of Land Uses, Figure 17.03.034;

(3)

By special use permit, the new use is of equal to or less intensity than any prior use that occurred in a ten-year period preceding the date of application for said special use permit, based upon the current site conditions and compatibility with area land uses; and

(4)

Provided that the land use has not been abandoned per Section 17.05.016.

(Ord. 100-07 Attach. B (part), 2007: Ord. 108-05 Attach. B (part), 2005).

Temporary structures for the housing of tools and equipment, or buildings containing supervisory offices in connection with construction projects, may be established and maintained during the progress of construction on such progress. Such buildings and/or structures shall be abated and removed from the premises within thirty days after completion of the project, or thirty days of cessation of work.

(Ord. 108-05 Attach. B (part), 2005).

Signs identifying persons engaged in or responsible for construction on a site shall be permitted while construction is in progress upon the issuance of a building or use permit. Such sign shall not exceed sixty-four square feet (per face) in size, and shall be removed within six months of its placement on the site.

(Ord. 108-05 Attach. B (part), 2005).

One sales office for the purpose of selling lots or model homes within a subdivision may be constructed on a subdivision lot and may operate on a subdivision lot until all lots have been sold at which time the sales office shall convert to residential use or other such use as permitted.

(Ord. 86-08 Attach. A, 2008).

Temporary signs are those signs intended and designed to be displayed for a limited period of time and associated with a particular event or short term activity; temporary signs are to be removed within ten days of the event or activity ending. Temporary signs are allowed in all rural areas of the county and the Shelton UGA subject to the following limitations:

(a)

Signs shall not be placed within the county right-of-way unless otherwise approved with a road-use permit from the public works department, and with adjacent property owner's permission, except as allowed under section 17.03.202(c).

(b)

Signs shall not be posted in a manner or location that may cause visual obstruction or a visual safety hazard for traffic especially in and around intersections, driveways and other access points.

(c)

It shall be the responsibility of the owner to remove a temporary sign within ten days after such sign is no longer serving its purpose.

(d)

County officials shall have the authority to remove signs when not placed in accordance with this section.

(Ord. No. 134-08, 12-16-2008; Ord. No. 2022-093, Att. A, 12-20-2022)

The purpose of this section is to provide a means of altering the requirements of this chapter in specific instances where the strict application of these regulations would deprive a property of privileges enjoyed by other properties which are similarly situated, due to special features or constraints unique to the property involved.

(Ord. 108-05 Attach. B (part), 2005).

No variance shall be granted to permit the establishment of a use otherwise prohibited within the development area in which the property concerned is located, except as provided in Section 17.05.018(2). Applications for such variances shall not be accepted for processing or review.

(Ord. 108-05 Attach. B (part), 2005).

(a)

The hearing examiner shall have the authority to grant a variance from the provisions of this chapter when, in their opinion, the conditions set forth in Section 17.05.036 have been met. The hearing examiner shall have the authority to attach conditions to any such variance when, in their opinion, such conditions are necessary to protect the public health, safety or welfare, or to assure that the spirit of this chapter is maintained.

(b)

The administrator shall have the authority to grant a variance from the provisions of this chapter when the granting of such variance will result in a measurable deviation of ten percent or less from the provisions set forth in this chapter. In issuing such variance, the administrator shall make a positive determination that the conditions set forth in Section 17.05.035 have been met. The administrator shall have the authority to attach conditions to any such variance when, in his (her) opinion, such conditions are necessary to protect the public health, safety or welfare, or to assure that the spirit of this chapter is maintained.

(c)

The administrator may allow a reduction in the required front yard setback or rear yard setback by administrative variance under the following circumstances: for existing lots of record as of March 5, 2002, where physical attributes of the lot (such as steep slopes, wetlands, streams, soils; lot width at the front yard line of no more than fifty feet or lot size of no more than one-quarter acre; and existing improvements of buildings, septic systems, and well areas) preclude a proposed development from meeting the twenty-five-foot front yard setback or twenty-foot rear yard setback standards. The front yard setback or rear yard setback shall be the minimum necessary to accommodate a reasonable development proposal, but not less than ten feet distance from the property line or road access easement boundary. The administrator shall document in the property file the rationale for the administrative variance decision.

(d)

The administrator may allow a reduction in the required side yard setback by administrative variance under the following circumstances: for existing lots of record as of March 5, 2002 that are parcels designated as Rural Residential 2.5, Rural Residential 5, Rural Residential 10, Rural Residential 20, or Rural Multi-Family; and where physical attributes of the lot (such as steep slopes, streams, wetlands, and soils; lot width at the front yard line of no more than fifty feet or lot size of no more than one-half acre; and existing improvements of buildings, septic systems, and well areas) preclude a proposed development from meeting the twenty-foot side yard setback standard. The variance to the side yard setback shall be the minimum necessary to accommodate a reasonable development proposal. This side yard setback shall not be less than five feet distance from the property line. The administrator shall document in the property file the rationale for the administrative variance decision.

(Ord. 108-05 Attach. B (part), 2005).

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

See Mason County Code Title 15 Development Code Section 15.09.057.

(Ord. 108-05 Attach. B (part), 2005).

(a)

Application for a variance shall be made to the department of community development, on forms furnished by the county.

(b)

Any application for a variance shall include an application fee as established by the board.

(c)

Variance applications decided by the hearing examiner shall require a public hearing, as set forth in Title 15.

(Ord. 108-05 Attach. B (part), 2005).

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

A special use is one which possesses unique characteristics due to size, nature, intensity of use, technological processes involved, demands upon public services, relationship to surrounding lands or other factors. The purpose of this section is to provide for adequate oversight and review of such development proposals, in order to assure that such uses are developed in harmony with surrounding land uses, and in a manner consistent with the intent of this chapter and the comprehensive plan.

(Ord. 108-05 Attach. B (part), 2005).

Review authority is granted under Title 15 Development Code Section 15.03.050, Hearing Examiner.

(Ord. 108-05 Attach. B (part), 2005).

The review of special use permit applications shall be in accordance with the following criteria:

Any application for a special use permit shall not be approved unless an affirmative finding with regard to each of these criteria is made.

(1)

That the proposed use will not be detrimental to the public health, safety and welfare;

(2)

That the proposed use is consistent and compatible with the intent of the comprehensive plan;

(3)

That the proposed use will not introduce hazardous conditions at the site that cannot be mitigated through appropriate measures to protect adjacent properties and the community at large;

(4)

That the proposed use is served by adequate public facilities which are in place, or planned as a condition of approval or as an identified item in the county's capital facilities plan;

(5)

That the proposed use will not have a significant impact upon existing uses on adjacent lands; and

(6)

If located outside an urban growth area, that the proposed use will not result in the need to extend urban services.

(Ord. 108-05 Attach. B (part), 2005).

Review procedures shall follow the standards of Title 15 Development Code Section 15.09, Review and Approval Process. The following additional information is required, as applicable, for applications for special use permits, to aid in analyzing the request, preparing necessary conditions, and providing consistency with dimensional and performance standards in these and other relevant county regulations. Including but not limited to:

(1)

The location and size of lot(s);

(2)

Site plan with areas of proposed use;

(3)

Access to state and county roads;

(4)

Land uses on adjacent properties and potential impacts to those uses by the proposal;

(5)

Provision of parking areas and stormwater facilities;

(6)

Hours of operations;

(7)

Anticipated sources of noise, glare, or odors from proposed use(s);

(8)

Grading proposed;

(9)

Stormwater and erosion control plans;

(10)

Sanitation and support services provided; and

(11)

Traffic studies from activities proposed.

(Ord. 100-07 Attach. B (part), 2007: Ord. 108-05 Attach. B (part), 2005).

(a)

This chapter shall be governed by the laws of the state of Washington. In the event that any portion or section of the ordinance codified in this chapter be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of the ordinance codified in this chapter shall not be affected and shall remain in full force and effect.

(b)

This chapter is intended to conform to and promote the provisions of the Mason County comprehensive plan. In the event of conflict between the two documents, the more specific interpretation shall apply.

(Ord. 108-05 Attach. B (part), 2005).

Enforcement procedures are set forth in Title 15 Development Code Chapter 15.13, Enforcement. No permit for the construction, alteration or expansion of any building, structure or part thereof shall be issued unless the plans, specifications and intended uses of the subject property conform in all respects to the provisions of this chapter.

(Ord. 108-05 Attach. B (part), 2005).

This chapter may be amended whenever required by public necessity, convenience or welfare. Amendments may be initiated by the board, the planning advisory commission, the administrator, or by any owner of property within Mason County. Amendments may be made either to the text, or to the development areas map. The procedure for an amendment shall be as follows:

(1)

Petitions for amendment shall be received by the administrator, who shall forward such petition to the planning advisory commission and the board for review;

(2)

The planning advisory commission shall, in public session, review and consider the proposed amendment. Upon due deliberation, the commission shall forward its recommendation to the board. The commission shall not make an affirmative recommendation unless it finds that the proposed amendment is in conformity to the comprehensive plan;

(3)

Upon receipt of the recommendation of the commission, the board shall set a date for a public hearing on the amendment. Notice requirements for the public hearing shall be as set forth in Title 15;

(4)

The board shall conduct its hearing in accordance with the provisions set forth in Title 15;

(5)

In its deliberations, the board shall first determine whether the proposed amendment is in conformity with the comprehensive plan. The board shall not approve an amendment unless it makes such an affirmative finding.

(Ord. 108-05 Attach. B (part), 2005).

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

(a)

Rezone Criteria. The county shall review a rezone proposal and enter written findings for the following criteria:

(1)

Development allowed by the proposed rezone designation shall not damage public health, safety and welfare;

(2)

The zone designation shall be consistent with the Mason County comprehensive plan, development regulations, and other county ordinances, and with the Growth Management Act; and that designation shall match the characteristics of the area to be rezoned better than any other zone designation;

(3)

No rezone shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase sprawling, low-density rural development, or to significantly increase uses incompatible with resource-based uses in the vicinity;

(4)

No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially increase demand for urban services in rural areas, including, but not limited to, streets, parking, utilities, fire protection, police and schools;

(5)

No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage development in urban areas where adequate public services and facilities exist or can be provided in an efficient manner;

(6)

No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to materially interfere with the Growth Management Act goal to encourage retention of open space, to conserve fish and wildlife habitat, and generally to protect the environment, including air and water quality;

(7)

No rezone to more intensive land use shall be approved if, either by itself or together with other rezoning and/or development, whether actual or potential, the cumulative impacts of such zoning would be to create pressure to change land use designations of other lands or to increase population growth in rural areas as projected in the Mason County comprehensive plan;

(8)

These criteria shall not be construed to prevent corrective rezoning of land necessitated by clerical error or similar error of typography or topography committed in the original zoning of such land.

(b)

Rezone Characteristics. The burden of proof shall be on the applicant to show through responses to these criteria and information provided that the proposed rezone to more intensive land use is warranted. In rural activity centers and hamlets, any rural land use rezone may be appropriate provided that the criteria above are satisfied. Outside of rural activity centers and hamlets, approval of rezone requests to a more intensive land use in rural areas shall not exceed five per calendar year and the total amount of acreage subject to rezoning shall not exceed fifty acres, except for errors in original zoning, as specified in subsection (a)(8) of this section. For purposes of this section, the numeric limit shall apply to both direct rezones for rural residential to rural commercial, rural tourist, or rural industrial, and also intervening rezones from rural residential to rural tourist, rural tourist campground, or rural natural resources with subsequent rezone requests to rural commercial or rural industrial. For purposes of this section, the total acreage limit shall not include the acres of parcels rezoned to rural tourist campground or rural natural resources.

Such rezones must involve small-scale businesses as defined in Mason County Code Chapter 17.06, be isolated as required by RCW 36.70A.070(5)(d), and may not occur within one-half mile by road of any urban growth area, rural activity center; hamlet; or isolated rural commercial, rural tourist, or rural industrial area, or any other LAMIRD under RCW 36.70A.070(5)(d). Rural natural resource, rural residential, rural tourist campground, and master planned resorts may occur anywhere in rural areas provided that the criteria above are satisfied. In the siting of new rural natural resource districts, consideration must be given that current and potential future development on site will not, in combination with development on adjacent properties, create a pattern of low-density sprawling development.

(c)

Initial Zoning after Redesignation of Resource Land. Subsections (a) and (b) do not apply to a decision to initially zone land when it is redesignated from long-term commercial forest. The board of commissioners shall determine the initial zoning for such redesignated land by applying the planning policies in Chapter III of the Comprehensive Plan.

(Ord. 108-05 Attach. B (part), 2005).

(Ord. No. 36-12, Att. A, 4-17-2012; Ord. No. 2022-093, Att. A, 12-20-2022)