17.05.071 - Validity and severability.
17.05.071 - Validity and severability.
(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 Section 17.05.052;
(4)
The board shall conduct its hearing in accordance with the provisions set forth in Section 17.05.054;
(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).
(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 Ch. 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 Commercial 3 zoning shall not be allowed outside of rural activity centers and hamlets. Rural natural resource, rural residential, rural tourist campground, and master planned resorts may occur anywhere in rural areas provided that the criteria above are satisfied. In the siting of new rural natural resource districts, consideration must be given that current and potential future development on site will not, in combination with development on adjacent properties, create a pattern of low-density sprawling development.
(Ord. 108-05 Attach. B (part), 2005).