Chapter 15.23
MOUNTAIN RURAL (MR) ZONING DISTRICT

Sections:

15.23.010    Purpose.

15.23.020    Type I Permitted, Type II Administrative and Type III Conditional Uses.

15.23.030    Lot Size and Density.

15.23.035    Clustering of Lots Permitted.

15.23.010 Purpose.

The mountain rural (MR) zoning district is intended to protect and maintain the openness and rural character of outlying areas of the county. The mountain rural district implements the rural self-sufficient comprehensive plan goals and policies related to protecting the environment and providing adequate facilities and services commensurate with the density of development. The MR zoning district is found above the Highway 410-Highway 12 “Y”, where it separates designated resource lands and the remote rural and developmentally constrained lands in the mountain passes, and in the upper Wenas Valley around Wenas Lake. This district is characterized by a wide mixture of parcel sizes and land uses including rangelands, large and small-scale commercial agriculture, part-time farms, small tract forest lands, highway pass-related tourist and recreational uses and scattered very low density commuter residential development.

The specific intent of this district is to:

(1)    Provide protection for the county’s unique resources and land base, while maintaining rural character through the use of large lot sizes, flexible lot sizing and encouraging clustered development;

(2)    Minimize scattered rural development into outlying areas resulting in excessive requirements and public service costs for the county;

(3)    Establish minimum development standards that will assure a continuation of the open and rural character of the district and to permit only those uses and activities that are compatible with this rural character;

(4)    Minimize conflicts with adjoining or nearby resource land uses through buffers and special setbacks that will permit farm, forestry and mineral resource uses to continue.

(5)    Provide density incentives to encourage development where fire protection services and hard-surfaced county roads or state routes are available;

(6)    Provide opportunity for small-scale tourist oriented uses within the Naches and Tieton River valleys and the upper Wenas, consistent with resource use and scenic values.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.23.020 Type I Permitted, Type II Administrative and Type III Conditional Uses.

Type I permitted, Type II administrative and Type III conditional uses, as listed in Chapter 15.18. Particular emphasis shall be given to maintaining and enhancing the scenic values of the upper Wenas, SR 410 and SR 12 corridors through this review.

(Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.23.030 Lot Size and Density.

Lot size may vary depending on water availability, soil suitability for septic systems, access conditions and proximity to fire stations in each area as follows:

(1)    Where property is outside of a fire district, more than 5 road miles from a year-round responding fire station or not served by a county-maintained hard-surfaced road, maximum density for new development in the mountain rural zoning district shall be four units per quarter/quarter section (e.g. 10-acre average), with no lot being less than five acres. Lots not meeting the criteria in subsection 2 shall not be further divided below the ten-acre average as calculated from the original parent lot.

(2)    Where the lots of the land division will have access (either directly or via a road meeting the requirements of Chapter 14.52) to a publicly maintained hard-surfaced roadway, or other hard-surfaced roadway determined to be acceptable by the reviewing official, a maximum density of one unit per 5 acres is permitted, provided that the new development is within a fire district and not more than 5 road miles from a year-round responding fire station. A lot size of 3.0 acres or less is considered clustering and subject to Section 15.23.035.

(3)    The acreage of a lot that has existed since May 21, 1997 may be multiplied by a factor of 1.15 to determine whether or not it qualifies for a single division consistent with the minimum lot size of this district.

(4)    If a mountain rural property has been divided after May 20, 1997, the lot size and density calculations shall be based on the size of the original parent lot – meaning that all lots of the land division shall be included in the calculation. [Example: A 40 acre lot is divided into seven 1 acre lots and a large lot of 33 acres. The maximum number of lots have been created (8 lots, meeting 5-acre average criteria). The 33-acre lot cannot be further divided while zoned mountain rural.]

(Ord. 15-2002 §§ 4, 12, 2002: Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.23.035 Clustering of Lots Permitted.

In areas meeting the five acre average criteria, clustering of existing or proposed lots shall be encouraged to permit development that more effectively uses the site and to reduce infrastructure and service costs.

(1)    Clustering of proposed new lots is subject to the appropriate subdivision process.

(2)    Clustering of existing lots may be permitted through joint Type I and short subdivision exemption review for up to two clustered lots and a balance within a property of contiguous properties. A joint Type II and short subdivision exemption review process shall be used when the cumulative number of clustered lots within a property or contiguous properties exceeds two. Any lot to be reconfigured must first be considered a buildable lot, and the number of lots may not be increased. Minor boundary line adjustments not involving clustering are not subject to the clustering provisions of this title.

(3)    The following requirements shall apply when clustering existing lots or proposed new lots:

(a)    The cluster shall be required to meet adopted development standards

(b)    The clustered lots shall range from one to three acres in size, except the reviewing authority may authorize a larger lot size in order to: meet health requirements, follow physical features that act as natural obstacles as stated in (e)(i) below, meet special setbacks, or encompass existing improvements.

(c)    Clustering shall be done in such a manner as to ensure that the proposed development will not adversely impact agriculture, mining or forest use on adjoining and nearby AG, MIN or FW-zoned lands.

(d)    The cluster should generally include common access and internal roadways, and shared or community wells using the water system operation, management and ownership parameters set forth in comprehensive plan policy.

(e)    Where possible, the cluster should be configured to include:

(i)    Use of physical features including rock outcrops, ravines or deep draws, irrigation canals, and critical areas to effectively separate the cluster from active farm, mining or forest operations;

(ii)    Location in close proximity to other compatible uses, dwellings and small lots.

(f)    The large remaining lot shall not be further divided while it remains MR zoned land; provided that if there is unused density remaining from the creation of the cluster, additional lots may be created up to the maximum density authorized for the parent lot(s). A covenant documenting the restriction(s) shall be recorded in a form acceptable to the county.

(Ord. 15-2002 § 10, 2002: Ord. 1-2000 § 1 (Exh. A (part)), 2000).