17.07.810 - Statement of purpose and intent.
17.07.840 - Landscape and screening plans.
17.07.850 - General requirements.
17.07.870 - Parking lot landscaping and screening.
17.07.880 - Additional landscaping requirements specific to gateway corridor.
17.07.890 - Alternative landscaping plans.
17.07.891 - Administrative variance.
17.07.892 - Overlapping requirements and conflict.
17.07.893 - Performance assurance.
17.07.896 - Exceptions and appeal.
17.07.810 - Statement of purpose and intent.
The protection and enhancement of the natural beauty, environment and greenspace within the UGA is an important aspect of the economic base of the community in that it is instrumental in attracting residents, and nonresidents who come to trade or vacation, and creating a community conducive to the location of new business and industry. When grown in the right place and of proper varieties, landscaping enhances the value and marketability of property and promotes the stability of desirable neighborhoods and commercial uses.
The purpose and intent of this chapter [article] is as follows:
A.
To aid in stabilizing the local environment's ecological balance by contributing to the process of air purification, oxygen regeneration, groundwater recharge, and stormwater runoff retention, while at the same time aiding in noise, glare, and heat abatement;
B.
To provide visual buffering and enhance the beautification of the Shelton UGA;
C.
To safeguard and enhance property values and to protect public and private investment;
D.
To preserve and protect the identity and identification of the City of Shelton and its UGA as an attractive city and preserve the economic base attracted to the city by such factors;
E.
To conserve energy;
F.
To protect the public health, safety and general welfare.
(Ord. No. 47-09, Attach. A, 6-2-2009)
For the purpose of this Chapter, the following words or phrases have a meaning set forth herein, unless the context indicates otherwise:
"Multifamily residence" means a building containing separate dwelling units arranged to be occupied by more than three families living independently of one another.
"Vision clearance zone" means an area, typically triangular in shape, formed by a point arising at the intersection of right-of-way boundary lines of intersecting streets and points located thirty feet away from said intersection point along each right-of-way boundary line.
"Visual screening" or "screening" means planting of living ground cover as well as shrubs or small trees which will form a sight-obscuring vegetative screen, or construction of a barrier fence or wall combined with trees and low plantings or wall-clinging plant materials. Materials should be complementary to building design, and to a height required by applicable sections of this chapter. Earth mounding or berms covered with shrubs or trees may be considered as part of a visual screen design.
(Ord. No. 47-09, Attach. A, 6-2-2009)
The standards set forth in this chapter shall apply to all new commercial, industrial and multifamily development within the Shelton UGA, with the exception of those lands governed by the Port of Shelton Comprehensive Plan. All changes in the use of a property or remodel of a structure that requires improvements equal to or greater than fifty percent of the assessed property valuation shall comply with the requirements of this Chapter.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.840 - Landscape and screening plans.
A.
Landscaping and screening plans shall be provided as an adjunct to or incorporated into plans submitted for county permits.
B.
The landscaping and screening plan shall be drawn to scale, including dimensions and distances, and clearly show:
1.
Existing trees and vegetation to remain;
2.
Existing and proposed parking and vehicle use areas, driveways and walkways;
3.
Building(s) or structure(s) (existing and proposed), and setback lines;
4.
Soil mix and amendments (existing and future);
5.
New landscaping and/or screening: location, species, size of materials using both botanical and common names. Drawings shall reflect the ultimate size of plant materials;
6.
Location of existing and/or proposed utilities including septic systems, water and sewer lines, underground or overhead electric lines, and fire hydrants;
7.
Topographic elevations and other landscape features.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.850 - General requirements.
In addition to any specific requirements provided for in other sections of this chapter, the following general requirements shall pertain to any landscaping and/or screening mandated by this Chapter:
A.
Vision Clearance. In order to protect vision clearances, the plant selection and placement shall be designated such that there is at every street intersection a clear view between heights of three and six feet in a triangle formed by the corner and points on the curb thirty feet from the intersection or entranceway.
B.
Crime Prevention. Principles and strategies of Crime Prevention Through Environmental Design (International CPTED Association) should be considered in landscape design plans.
C.
Maintenance. Maintenance of landscape areas, trees, and other plantings shall be as per Section 17.07.894
(Ord. No. 47-09, Attach. A, 6-2-2009)
In addition to any other requirements provided for in other sections of this Chapter, the following requirements shall be required:
A.
Perimeter Areas. All cleared areas not covered with buildings, driveways, parking, outside storage, staging and loading areas shall be landscaped. Areas to be landscaped shall be covered with live plant materials which will ultimately cover seventy-five percent of the ground area within three years. In the selection of trees and shrubs, consideration should be given to overall aesthetic impacts at maturity. Deciduous trees must be one and one half inch caliper at the time of planting and evergreen trees must be a minimum of four feet in height. Trees should be of a variety expected to reach a minimum of twenty feet in height at maturity.
1.
Commercial: One deciduous or evergreen tree shall be provided for every three hundred square feet of the area to be landscaped.
2.
Industrial: One deciduous or evergreen tree shall be provided for every eight hundred square feet of the area to be landscaped.
3.
Multifamily: One deciduous or evergreen tree shall be provided for every five hundred square feet of the area to be landscaped.
B.
Buffer Areas. Where a development is contiguous to a zoning district of less intensive land uses, then the adjacent perimeter area shall include visual screening at least six feet high. Where landscaping is used to provide a buffer the minimum width of the planting area shall be fifteen feet. The screening may be achieved through any one or a combination of the methods described in the definitions section.
C.
Landscaping Adjacent to Street Frontages:
1.
Industrial:
a.
Screening and Buffering Along Travel Corridors. All industrial uses which contain property frontage on John's Prairie Road, U.S. 101 or SR 102 shall provide a visual screen on the property between the parking lot and the right-of-way. The landscaped strip may not include any paved area except driveways or pedestrian sidewalks or trails which cross the landscaped strip, or paving necessary for utilities, maintenance, signs or other similar uses. Any of the following landscaped strip treatments may be used singly or in combination:
i.
Provide a minimum ten-foot wide visual screen landscape strip between the right-of-way and the parking, excluding driveway openings.
ii.
Provide a berm, the top of which is at least two and one-half feet higher than the elevation of the adjacent parking lot pavement. Plant with visual screening, excluding driveway openings.
iii.
Provide a minimum twenty-foot wide strip of existing native vegetation, unless the creation of such a strip creates a hazard.
2.
Commercial: See 17.07.860.A, Perimeter Landscaping.
3.
Multifamily: See 17.07.860.A, Perimeter Landscaping
D.
Grassy Swales. Grassy swales approved as treatment structures for stormwater treatment and retention/detention by the county, may be used to satisfy a portion of the requirement for coverage of seventy-five percent of the ground area of a site by landscaping as listed above in subsection A of this section.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.870 - Parking lot landscaping and screening.
The intent of requirements for parking lot landscaping and screening is to provide for screening of views of parked vehicles from the street and to break up paved areas with landscaping. The following requirements shall apply to public and private parking lots, and residential parking areas providing spaces for five or more cars:
A.
Landscaping Along Street Frontages.
1.
The minimum perimeter landscape area width shall be equal to the required yard or a strip ten feet wide, whichever is greater. On all other perimeters, the depth shall be a minimum of five feet. In no case shall the right-of-way be included when calculating minimum perimeter landscaping, but only to exceed the landscaping requirements. Perimeter areas shall include one tree per twenty frontage foot, arranged either by equal spacing or groupings. Plantings shall occur at each lot line or at the edge of any vision clear zone related to views at intersections and driveways;
2.
Parking lots not fronting on a street nor visible from any land use of lesser intensity must landscape the minimum setback area, or a minimum of five feet between the edge of the pavement and property line.
B.
Interior Parking Lot Landscaping. Trees shall be provided within the interior areas of the parking lot as described below. Trees shall be a minimum of one and one-half inch caliper at planting and of a variety expected to reach a minimum of twenty feet in height at maturity.
1.
Parking Lots of Thirty Spaces or Fewer. Trees shall be provided at a radius of no greater than forty feet. Interior parking lot landscaping shall include planting areas of not less than five percent of the total parking area, excluding perimeter landscape areas required in subsection A.1. of this Section.
2.
Parking Lots of More than Thirty Spaces. Trees shall be provided within the parking lot at a radius of no greater than sixty feet, unless a landscape plan reflecting an alternative arrangement is approved.
3.
Parking Lots in Industrial areas. The design of interior parking lot landscaping shall be flexible to allow for necessary vehicle maneuvering.
4.
Minimum Area. The minimum area of a required landscaping bed shall be sixty-four square feet in order to provide a viable plant environment.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.880 - Additional landscaping requirements specific to gateway corridor.
A.
In the gateway corridors, the county may require trees to be retained or planted such that adjacent development is less visible from the roadway and/or a forested rural character is maintained.
B.
Within the defined gateway corridors, an effort should be made to retain trees consistent with the ultimate width of Highway 101 or other adjacent roadway and in consideration of future health and maintenance of the trees.
C.
In addition to retention of native trees, recommended street trees to be planted should be primarily native conifers and deciduous trees clustered in natural-looking groups.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.890 - Alternative landscaping plans.
Nothing in this Chapter shall preclude the county from authorizing alternative landscaping and/or screening plans when alternative plans comply with the intent of this Chapter and:
A.
The proposed landscaping represents a superior result than that which would be achieved by strictly following the requirements of this Section; or
B.
Provides for the retention of significant trees and naturally occurring undergrowth; or
C.
Incorporates unique, historic or architectural features such as fountains, sculptures, structures and the like; or
D.
Strict application of this Chapter violates special easement requirements; or
E.
The site cannot comply with landscape requirements because of prior development; or
F.
The site conditions, such as space limitations due to unusual lot size or shape, topography, soil conditions, or existing vegetation, are such that full compliance with the standards is impossible or impractical; or
G.
In those instances where aboveground stormwater requirements serve the same or similar function as required landscaping and the proposed landscaping significantly improves stormwater treatment and aquifer recharge beyond what can be achieved by this Chapter.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.891 - Administrative variance.
If determined by the Community Development Director or her/his designee that unique circumstances or site conditions exist that make meeting provisions of this Chapter onerous, an administrative variance of ten percent or less from the provisions of this Chapter may be granted in accordance with MCC 17.05.034.B.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.892 - Overlapping requirements and conflict.
In the event of a conflict between the standards for individual uses and other general requirements of this Chapter, the more stringent shall apply. Determination of the appropriate standards shall be made by the Community Development Director or his/her designee.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.893 - Performance assurance.
A.
Landscaping required pursuant to an approved site plan shall be installed prior to the issuance of a certificate of occupancy or final inspection by the county unless the property owner submits a performance assurance device committing to install the landscaping within one year. In no case shall the property owner delay performance for more than one year;
B.
Performance assurance devices shall take the form of one of the following:
1.
A surety bond executed by a surety company authorized to transact business in the state in a form approved by the county;
2.
Cash;
3.
Assigned savings pursuant to an agreement approved by the county;
C.
If a performance assurance device is employed, the property owner shall provide the county with a non-revocable notarized agreement granting the county and its agents the right to enter the property and perform any required work remaining undone at the expiration of the assurance device;
D.
If the developer/property owner fails to carry out provisions of the agreement and the county has reimbursed costs or expenses resulting from such failure, the county shall call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit exceeds the cost and expense incurred in the county, the remainder shall be released. If the amount of the bond or cash deposit is less than the cost and expense incurred in the county, the developer shall be liable to the county for the difference.
(Ord. No. 47-09, Attach. A, 6-2-2009)
The county places a high value on the quality of our water and shellfish and the salmon that thrive there. Strategies to maintain healthy trees and vegetation must have minimal impact on the environment. Whenever landscaping is required under the provisions of this chapter, landscaping and planting areas shall be maintained in a healthy growing condition. Dead or dying trees or shrubs shall be replaced within thirty days of notification in writing from the county, and the planting area shall be maintained reasonably free of weeds and trash.
Topping of trees is prohibited unless prior approval is received from the county. Approval will be given only to avoid the creation of a safety hazard, nuisance through excessive shading, overhanging adjacent properties, or other reasons as directed by the county.
In addition, owners shall be encouraged to be responsible for:
A.
Maintaining landscaping as originally permitted;
B.
Minimizing use of chemicals to safeguard water quality by:
1.
Monitoring as preferable to calendared spray programs,
2.
Using right plant in right growing conditions,
3.
Pulling of weeds as preferred over spraying,
4.
Removing insects by squishing, washing, or introducing predators, rather than using chemical sprays;
C.
Irrigation with water conservation in mind;
D.
Pruning;
E.
Providing protection against damage to vegetation caused by changes in grade and/or normal drainage patterns.
(Ord. No. 47-09, Attach. A, 6-2-2009)
Any existing landscaping and screening may continue to be maintained after the effective date of the ordinance codified in this Chapter and shall become legal nonconforming landscaping and screening provided:
A.
No such landscaping and screening shall be changed in any manner that increases noncompliance with the provision of this Chapter;
B.
The burden of establishing landscaping and/or screening to be legally nonconforming under this section rests upon the person or persons, firm or corporation claiming that legal status;
C.
When a business or activity containing legal nonconforming landscaping and/or screening is enlarged or remodeled to a value of fifty percent or more of existing value of real property improvements, then such landscaping and/or screening must be brought into conformity with this Chapter.
D.
When an existing site is improved or redeveloped, the County may allow the applicant to pay a fee in lieu as established by the Board of Commissioners for use in the enhancement of public properties, such as wetlands or parks, rather than provide landscaping improvements at current standards.
(Ord. No. 47-09, Attach. A, 6-2-2009)
17.07.896 - Exceptions and appeal.
Administrative decisions of the Community Development Director or his/her designee shall be final and conclusive, unless a written statement of appeal is filed using the appeal procedures contained in Mason County Development Code Chapter 15.11, Appeals. Said statement shall set forth any alleged errors and/or the basis for appeal and shall be accompanied by a fee in the amount as set by resolution of the board.
The timely filing of an appeal shall stay the effective date of the decision until such time as the appeal is heard and decided or is withdrawn. The burden of proof regarding modification or reversal shall rest with the appellant.
(Ord. No. 47-09, Attach. A, 6-2-2009)
The director or her/his designee is charged with enforcement of the provisions of this chapter. Enforcement procedures are set forth in Title 15, Development Code Chapter 15.13, Enforcement.
(Ord. No. 47-09, Attach. A, 6-2-2009)