HomeMy WebLinkAboutMason RUEResource Ordinance December 20, 2021 Page 113
(5) The county Fire Marshal shall notify the Director of Community Services that the
development can or cannot conform to adopted fire safety standards, including the Uniform
Fire Code and state law under the fire marshal's authority.
(6) The County Building Official shall notify the Director of Community Services that the
development can or cannot conform to adopted building safety standards, including the
Uniform Building Code and state law under the building official's authority.
In addition to the above agencies, the Planning Division Manager of Community Services shall
provide, on a timely basis, a copy of the development proposal to all agencies of jurisdiction and
affected tribes, as required by RCW Chapter 43.21c, the State Environmental Policy Act (SEPA); and
incorporate any comments received into the County decision making process.
(I) Administrative Review.
(1) Review of permits shall follow the provisions of Title 15 Development Code Section 15.09 for
Type II decision review.
(2) Director's Findings.
(a) The Director shall make findings based upon the review and recommendations of
County departments, other agencies, affected tribes, and any public comments
received. Such findings and conclusions shall also set forth the manner by which the
decision would carry out and conform to the goals of RCW 36.70A, other adopted
County policies, objectives and regulations and this chapter.
(b) A decision on the application may be to grant, deny, or grant with such conditions,
modifications and restrictions as the Director finds necessary to ensure that the
proposed development is compatible with the natural environment, and is in
compliance with the goals of RCW 36.70A, the Shoreline Master Program, State
Environmental Policy Act, the standards of this chapter, and other County codes and
ordinances found applicable. Examples of the kinds of conditions, modifications and
restrictions which may be imposed include, but are not limited to, additional setbacks,
screenings in the form of fencing or landscaping, storm drainage facilities, restrictive
covenants, easements, dedications of additional rights-of-way, performance bonds and
measures to mitigate identified adverse environmental and socio-economic impacts
associated with the proposed action.
(J) Public Review.
If a determination is made that a public review is necessary, pursuant to subsection (C)(2)(b) of this
section, then the provisions of Title 15 Development Code Section 15.09 for Type III decision review
shall be followed.
(K) Reasonable Use Exception.
(1) If the application of this chapter would deny all reasonable use of a site, development may be
allowed which is consistent with the general purposes of this chapter and the public interest.
(2) Nothing in this chapter is intended to preclude all reasonable use of property. An applicant
for a development proposal may file a request for a reasonable use exception which shall be
considered by the hearing examiner at a public hearing.
Resource Ordinance December 20, 2021 Page 114
(a) A description of the areas of the site which are critical and/or resource lands or within
setbacks required under this chapter;
(b) A description of the amount of the site which is within setbacks required by other
County standards;
(c) A description of the proposed development, including a site plan;
(d) An analysis of the impact that the amount of development would have on the resource
lands or critical areas;
(e) An analysis of whether any other reasonable use with less impact on the resource lands
or critical areas is possible;
(f) A design of the proposal so that the amount of development proposed as reasonable
use will have the least impact practicable on the resource lands and/or critical areas;
(g) Other information as the Administrator determines is reasonably necessary to evaluate
the issue of reasonable use as it relates to the proposed development.
(3) The hearing examiner may approve the reasonable use exception, if the hearing examiner
determines the following criteria are met:
(a) There is no other reasonable use or feasible alternative to the proposed development
with less impact on the resource lands or critical areas; and
(b) The proposed development does not pose a threat to the public Health, safety or
welfare on or off the site; and
(c) Any alteration of the resource lands and/or critical areas shall be the minimum
necessary to allow for reasonable use of the property; and
(d) The inability of the applicant to derive reasonable use of the property is not the result
of actions by the applicant in subdividing the property or adjusting a boundary line
thereby creating the undevelopable condition after the effective date of the chapter;
and
(e) The proposal mitigates the impact on the resource lands and/or critical areas to the
maximum extent possible, while still allowing reasonable use of the site.
(4) Except when application from this chapter would deny all reasonable use of a site, an
applicant who seeks an exception from the regulations of the chapter shall pursue a variance
as provided in Title 15 Development Code Section 15.09.057
(Ord. 50-04 Attach. B (part), 2004; Ord. 118-99, Attachment B § 3, 1999; Ord. 36A-97 (part), 1997; Ord. 77-93 (part),
1993).
8.52.200 General Exemptions
The following activities shall be exempt from the provisions of this ordinance:
(1) All policies, regulations, and procedures of this ordinance are null and void and have no effect on
those activities and uses conducted pursuant to the Washington State Forest Practices Act and its