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Home My WebLink About06 0510 04 (I" D0D. /--5: I J. ð'/ f/It- STATE OF WASHINGTON County of Jefferson IN THE MATTER OF REVISIONS AND ADDITIONS TO THE COUNTY'S UNIFIED DEVELOPMENT CODE CONCERNING AGRICULTURAL ACTIVITIES AND ACCESSORY USES [MLA04-26] } } } ORDINANCE NO. 06-0510-04 } } WHEREAS, the Board of Jefferson County Commissioners ("the Board") has, as required by the Growth Management Act, as codified at RCW 36.70A.OI0 et seq., adopted the Jefferson County Comprehensive Plan (the "Plan"), a Plan that was originally adopted by Resolution No. 72-98 on August 28, 1998 and subsequently later amended, and; WHEREAS, in furtherance of the Plan, the County adopted its GMA-derived development regulations, known locally as the Unified Development Code (or "UDC"), in December 2000 to be effective as of January 16,2001, and; WHEREAS, the Comprehensive Plan, as adopted in 1998, left certain planning tasks undone with regard to Agricultural Lands policies and regulations, and; WHEREAS, the UDC, as adopted in 2000, left a reserved section at 4.3 entitled, "Agricultural Activities, Best Management Practices for Water Quality," and; WHEREAS, the County has pursued completion of the Agricultural Lands planning effort, beginning in 2002 and 2003 with consideration and adoption of amendments to the UDC that clarified exemptions to standard stream and wetland buffers for existing and ongoing agriculture [MLA02-485], and; WHEREAS, continuing in 2003, Jefferson County modified and simplified its Agricultural Lands policies and designations as a result of the 2003 Comprehensive Plan amendment cycle [MLA03-209], and; WHEREAS, the Agricultural Lands Committee of the Planning Commission worked closely with staff over a number of months in 2003 and 2004 developing the ORDINANCE NO. 06-0510-04 re: Agricultural Activities and Accessory Uses preliminary proposal that later, through the public process associated with Planning Commission review, became the UDC amendments adopted through this Ordinance [MLA04-26], and; WHEREAS, the Planning Commission expects to review a set of tax parcels during the 2004 Comprehensive Plan amendment cycle for potential Agricultural Lands designation [MLA04-27] as the final step in the Agricultural Lands planning effort; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners that they approve the following revisions and additions to the UDC, and; BE IT FURTHER ORDAINED by the Board that they make the following general Findings of Facts applicable to these revisions and additions to the UDC: Section 1 - General Findings of Fact for Revisions and Additions to the UDC: 1. The County adopted its Comprehensive Plan in August 1998 and its development regulations or Unified Development Code (UDC) in December 2000. 2. The Growth Management Act, which mandates that Jefferson County generate and adopt a Comprehensive Plan, also requires that there be in place a process to amend the Comprehensive Plan. 3. These amendments to the County's UDC are being made in order to complete a reserved Section 4.3 in the UDC. 4. Proposed UDC amendments were developed through an effort by County Department of Community Development ("DCD") planning staff and the Agricultural Lands Committee of the Planning Commission. 5. Staff and the Agricultural Lands Committee sought input from local farmers while developing the proposal. 6. The preliminary proposal was provided to the full County Planning Commission for review by that advisory body. 7. On February 4,2004, DCD issued an integrated GMA/SEPA document, which was published on that day in the local paper of record, the Port Townsend & 20f6 ORDINANCE NO. 06-0510-04 re: Agricultural Activities and Accessory Uses Jefferson County Leader. This document simultaneously served three purposes: it 1) notified CTED of this County's intent to amend its GMA-driven development regulations, 2) provided a formal Determination of Non-Significance (DNS) and Notice of Adoption of Existing Environmental Documents to fulfill requirements under the State Environmental Policy Act, and 3) informed the world that the Planning Commission would hold a public hearing on this topic on February 18, 2004. 8. The Planning Commission discussed the contents ofMLA04-26 at four (4) different Planning Commission meetings: February 4 and 18, March 3, and April 7, 2004. 9. A public hearing on the proposed UDC amendments occurred before the Planning Commission on February 18,2004. 10. DCD issued three separate memorandums concerning MLA04-26 to the Planning Commission during the public review process associated with MLA04-26. The memorandums presented issues for discussion and resolution, as well as revised staff recommendations for the proposal for consideration by the Planning Commission. 11. These documents and other information were posted on a County web page dedicated to Agricultural Lands planning: http://www.co.iefferson.wa.us/commdevelopment/Agriculture.htm. 12. Staff and the Planning Commission worked to integrate suggestions from local farmers and residents, the State Department of Community, Trade and Economic Development (CTED), the Jefferson County Conservation District, and the Washington Environmental Council into the proposal for MLA04-26. 13. Ideas for agricultural best management practices were culled from a draft Chimacum Creek Watershed Agriculture, Fish & Wildlife Habitat Protection Plan currently in development through efforts by Chimacum valley farmers, the Conservation District, and Jefferson County Natural Resources and DCD staff. 14. Language from a recently adopted amendment to the GMA concerning accessory uses to agriculture was inserted directly into the proposed Section 4.3.3 of the UDC. The GMA amendment was signed into law by the governor through Senate Bill 6237 and was codified at RCW 36.70A.367. The purpose of the amendment was to explicitly provide for opportunities for uses accessory to agriculture on designated Agricultural Lands that support, promote, or sustain agricultural operations and production. 30f6 ORDINANCE NO. 06-0510-04 re: Agricultural Activities and Accessory Uses 15. The Planning Commission considered and voted on a staff-revised version of the MLA04-26 proposal on April 7, 2004. 16. With minor amendments as discussed at that April 7 meeting, the Planning Commission voted unanimously to adopt the DCD staff recommendation. 17. DCD transmitted the written Planning Commission recommendation to the elected County Commissioners on April 26, 2004. 18. In its recommendation for MLA04-26, the Planning Commission told the County Commission that, "We believe that these amendments to the UDC will provide the agricultural community in Jefferson County with a full range of opportunities to maintain and improve the operation of their farms, while at the same time protecting the functions and values of fish and wildlife habitat on and adjacent to lands used for agriculture." 19. The County Commission hereby adopts the statement from the Planning Commission in the previous Finding as its own Finding. 20. The Board of County Commissioners voted unanimously on May 10,2004 to adopt UDC revisions per the Planning Commission and DCD staff recommendation for MLA04-26. 21. Adoption of this amending language (which alters the UDC) promotes the health and welfare of the citizens of Jefferson County. 22. Pursuant to Section 9.9.3 of this County's UDC, proposed amendments to the GMA-derived development regulations should be analyzed, in part, through the "filter" of the eleven (11) growth management indicators (or "GMI") listed at UDC §9.8.1.b and c. The seven (7) GMI at UDC §9.504.b are referenced at UDC §9.8.1.b. 23. Because of the general nature of the GMI, each and every GMI will not be applicable or apropos for each and every amendment that this County Commission has considered. 24. However, the County Commission, in order to comply with UDC Section 9, should and must make generalized findings of fact with respect to the eleven GMI listed there and do so now, excepting the indicators at UDC §9.8.1.c(4) through (7), which the County Commission finds are not applicable to this broad legislative amendment. Applicable issues within the seven GMI at UDC §9.504.b are incorporated into the generalized findings that follow. 40f6 ORDINANCE NO. 06-0510-04 re: Agricultural Activities and Accessory Uses 25. With respect to UDC §9.8.1.b(1), the County Commission finds that circumstances related to the practice of agriculture in the state of Washington, including Jefferson County, have changed to the degree that the State Legislature saw fit in 2004 to amend the GMA in order to explicitly provide for opportunities for uses accessory to agriculture on designated Agricultural Lands that support, promote, or sustain agricultural operations and production. 26. With respect to UDC §9.8.l.b(2), the County Commission finds that the assumptions of the 1998 Comprehensive Plan continue to be valid, that the Comprehensive Plan outlines a series of Action Items related to agriculture, and that these amendments fulfill a number of the Action Items. 27. With respect to UDC §9.8.1.b(3), the County Commission finds that based on the results of the public hearing before the Planning Commission for MLA04-26 and related public process beforehand, these amendments reflect currently widely held values of the residents of Jefferson County and that there is interest in this issue among the general public and among the agricultural community in particular. 28. With respect to UDC §9.8.1.c(1), the County Commission finds that the proposed amendments do not adversely affect adopted level of service standards for transportation and other public facilities and services. 29. With respect to UDC §9.8.1.c(2), the County Commission finds that the proposed amendments are consistent with the goals, policies, and implementation strategies of the various elements of the Jefferson County Comprehensive Plan. 30. With respect to UDC §9.8.1.c(3), the County Commission finds that the proposed amendments will not result in probable significant adverse impacts to the county's transportation network, capital facilities, utilities, parks, and environmental features and will not place uncompensated burdens upon existing or planned service capabilities. 31. With respect to UDC §9.8.1.c(8), the County Commission finds that the proposed amendments are consistent with the GMA; the County-Wide Planning Policies; interagency agreements between Jefferson County DCD, the Jefferson County Conservation District, and the State Department of Ecology concerning the relationship between water quality standards and agriculture; and all other known local, State, and Federal laws. 32. Furthermore, the adoption of these UDC amendments supports GMA goals to protect Agricultural Resource Lands by supporting economic opportunities associated with the ongoing practice of agriculture and to protect critical areas by 50f6 ORDINANCE NO. ~- 0510 -04 re: Agricultural Activities and Accessory Uses establishing agricultural best management practices intended to maintain fish and wildlife habitat. Section 2 - Language Revisions and Additions to the UDC: The language of the attached Exhibit, consisting of twenty-three (23) pages, is hereby adopted as the detailed revisions and additions to the UDC. Section 4 - Severability: If any section, subsection, sentence, clause, phrase, or figure of this ordinance or its application to any person or circumstances is held invalid, the remainder of the ordinance or the application to other persons or circumstances shall not be affected. Section 5 - Effective Date: This ordinance shall become effective immediately upon adoption by the Board of County Commissioners, also known herein as the County Commission. ~.,,,.,, -, '. ')'1-\./ A~rltÔVED~~N... V'AþOPTED this ;() - day odr] ,ÜA . JOOf /Jf........; I ' ~ SEAL:..I..··.~ . . (, , . "'.;/ . c~ \. JEFFERSON COUNTY i ~ . \ ) ::~ BOARD OF COMMISSIONERS ATTE~( \' ¡.;; i *" '\~", '~-í'\.·rM" . :~!j:': ',.,/ '. '. S-J.j! :\~ - '/ / ~E;:~~Fc!/a«£ð APPROVED AS TO FORM: . (¡ ·L S)<r)ÒLf C{Ja,VlCJ C1;:Ó"H1.¿r Deputy Prosecuting Attorney ~gor ~ oa' . emess, emher Patrick M. Rodgers, Member 60f6 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses Row # Section # Planning Commission and DC· .:if Rec'ommendatiqn~( UDC LineJn/Line-0u mendments J. .. 1 1.4.2 Table 1-1 Establishment of Land Use Districts and Official Maps. 2. Official Maps Table 1-1: Comprehensive Plan Land Use District Designations Resource Lands Aaricultural Resource Lands AGAP-20 Commerci:::ll .^.griculturePrime Aaricultural Land /\G 5 Loc:::ll AgricultureAL-20 Aaricultural Land of Local Importance 2 2.3 Definitions. Agricultural Resource Lands (Aaricultural Lands) Lands that are primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animals products or of berries, grain, hay, straw, turf, seed, livestock, or Christmas trees not subject to the excise tax imposed by RCW 84.33.100-140. finfish in upland hatcheries. or livestock, and that have long-term commercial significance for agricultural production (RCW 36.70A.030(2». Agricultural Resource Lands j.s alse-aare divided into two land-use designations. Prime (AP-20) and Local (AL-20). ~in the Comprehensive Plan. Agricultural Land of Local Significancelmportance Land in addition to designated Class I or Cbss II brml:::lndsPrime Aaricultural Land that is of local importance for the production of food, fiber, forage or oilseed crops. Generally, additional farmlands of local importance include those that are nearly prime farmland and that economically produce high yields of crops when treated or managed according to acceptable farming methods. Such farmlands may include areas of commercial aquaculture. Agriculture, Existing and Ongoing Any agricultural activity conducted on an onaoina basis on lands enrolled in the Open Space Tax Program :::IS Agricultur:::ll Landsfor aariculture or designated as Agricultural Lands of Long-Term Commercial Significance on the official map of Comprehensive Plan Land Use ~Desianations. provided that aaricultural activities were conducted on those lands at anytime durina the five-year period precedina April 28. 2003.i- :::Igricultural Aaricultural use ceases when the area on which it is conducted is converted to a nonagricultural use. 5/10/04 1 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses Planning· mission andDCD~ Line-lntLine-Out Am ~ Aaricultural Best Manaaement Practices (BMPs) Schedules of activities. prohibitions of practices. maintenance procedures. and other manaaement practices to prevent or reduce pollution of waters or dearadation of wetlands and fish and wildlife habitat areas. Best Manaaement Practices. Aaricultural (See Aaricultural Best Manaaement Practices) Farm Eauipment Includes but is not limited to tractors. trailers. combines. tillaae implements. balers, and other eauipment. includina attachments and· accessories that are used in the plantina. cultivatina. irriaation. harvestina, and marketina of aaricultural, horticultural, or livestock products. Aaricultural Product or Commodity Any plant or part of a plant. or animal. or animal product. produced by a person (includina farmers. ranchers. vineyardists. plant propaaators. Christmas tree arowers. aauaculturists. floriculturists, orchadists, foresters, or other comparable persons) primarily for sale. consumption. propaaation. or other use by people or animals. Accessory Uses (to Aariculture) Uses accessory to aariculture that support. promote, or sustain aaricultural operations and production. as provided in Section 4.3 of this code. Open Space Tax Proaram County proaram associated with property taxation. Land beina used for aariculture may be enrolled in the Tax Proaram throuah the County Assessor. The Tax Proaram is independent of land use desianation (Le.. zonina) and these development reaulations. except in the context of identifyina "existina and onaoina aariculture." as defined and reaulated in this code. Livestock Horses. mules. donkeys. cattle. bison. sheep. aoats. swine, rabbits. llamas, alpacas. ratites. poultry. waterfowl, aame birds, and other species so desianated by statute. Livestock does not mean free ranaina wildlife as defined in Title 77 RCW. Livestock Manaaement Includes breedina. birthina, feedina. care. processina and sales of animals and animal products. birds. honey bees. fish and shellfish. 5/10/04 2 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses Row # ommission and OCD S UDC .Lioe:-ln/Liné-out A . Custom SlauQhterina Establishment The facility operated by a person licensed to slauohter meat food animals for the owner of the animal at a fixed location. Custom Meat Facilitv The facility operated by a person licensed to prepare uninspected meat for the owner of the uninspected meat. Certified Feed Lot Any place. establishment. or facility commonly known as a commercial feed lot, or the like, which complies with all of the reauirements of Chapter 16.58 and associated rules and which holds a valid license from the State. Public Livestock Market Any place, establishment or facility commonly known as a "public livestock market." "livestock auction market." "livestock sales rino," yards sellina on commission, or the like, conducted or operated for compensation or profit as a public livestock market. consistina of pens and other enclosures, and their appurtenances in which livestock is received. held. sold, or kept for sale or shipment. The term does not include the operation of a person licensed under Ch. 16.65 RCW to operate a special open consianment horse sale. Stockyard Any place. establishment. or facility commonly known as a stockyard consistino of pens or other enclosures and their appurtenances in which livestock services such as feedina. waterino, weiahina. sortino, receivina and shippina are offered to the public: orovided, that stockyard shall not include any facilities where livestock is offered for sale at public auction, feed lots, or auarantined reoistered feed lots. AQricultural Warehouse (Public Warehouse) Any elevator, mill. subterminal arain warehouse. terminal warehouse, country warehouse. or other structure or enclosure that is used or useable for the storaae of aaricultural products, and in which commodities are received from the public for storaoe, håndlina. conditionina. or shipment for compensation. The term does not include any warehouse storina or handlina fresh fruits and/or veaetables, any warehouse used exclusively for cold storaoe, or any warehouse that conditions yearly less than three hundred tons of an aaricultural commodity for compensation. Warehouse. Aaricultural (See Aaricultural Warehouse (Public Warehouse)) 5/10/04 3 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses 5/10/04 mission and DCD StaffS.øcømme~·dilti Line-ln'Line-Out Ameodme~ts Animal Feedina ODeration (AFO) Aaricultural enterprises where animals are kept and raised in confined situations. AFOs conareaate animals. feed. manure and urine. dead animals. and production operations on a small land area. Feed is brouaht to the animals rather than the animals arazina or otherwise seekina feed in pastures. fields, or on ranaeland. The formal definition in Federal reaulations is a lot or facility (other than an aauatic animal production facility) where the followina conditions are met: (a) Animals (other than aauatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and (b) Crops. veaetation. foraae arowth. or post-harvest residues are not sustained in the normal arowina season over any portion of the lot or facility. r40 CFR 122.23(b)(1 )1 Animal Feedina ODeration. Concentrated (CAFO) An AFO that is defined as a Larae CAFO or as a Medium CAFO accordina to Federal reaulations. or that is desianated as a CAFO by the permittina authority. Two or more AFOs under common ownership are considered to be a sinale AFO for the purposes of determinina the number of animals at an operation. if they adioin each other or if they use a common area or system for the disposal of wastes. r40 CFR 122.23(b )(2)1 Larae CAFO. An AFO that meets or exceeds one of the followina thresholds: 700 mature dairy cows: 1.000 beef cattle or heifers; 2.500 swine (each 55 Ibs or more); 10.000 swine (each under 55 Ibs ): 1 ,000 veal calves; 500 horses; 10,000 sheep or lambs: 55.000 turkeys; 30.000 ducks (other than liauid manure handlina systems); 5,000 ducks (liauid manure handlina systems); 30,000 chickens (liauid manure handlina systems): 125.000 chickens except layina hens (other than liauid manure handlina systems): 82,000 layina hens (other than liauid manure handlina systems). Medium CAFO. An AFO where either a man-made ditch or pipe carries manure or wastewater from the operation to surface water or animals come into contact with surface water runnina throuah the area where they are confined: and the operation meets or exceeds the followina thresholds: 200 mature dairy cows: 300 beef cattle or heifers: 750 swine (each 55 Ibs or more); 3,000 swine (each under 55 Ibs); 300 veal calves: 150 horses; 3.000 sheep or lambs: 16.500 turkeys: 10.000 ducks (other than liauid manure handlina systems): 1.500 ducks (liauid manure handlina systems): 9.000 chickens (liauid manure handlina systems); 37.500 chickens except layina hens (other than liauid manure handlina systems); 25.000 layina hens (other than liauid manure handlina systems). 4 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses .J]DC Sêction # m~ission and DCD S UDC liríe~ln'Line-Out Concentrated Animal FeedinQ Operation (CAFO) (See Animal Feedina Operation. Concentrated) Agricultural Processing, Heavy Facilities ::md uses 3ssoci:::1ted with high intensity 3gricultur31 activities such 3S gr3in elev3tors, commerci:::11 sl3ughterhouses, rendering plants or other simil3r uses. Feed Lots (Stockyards) ^ commercial lot, Y3rd, corr31 or other 3ro3 in which livestock are confined primarily for the purpose of feeding 3nd grovA:h prior to slaughter. The term does not apply to areas which are used for raising crops or other veget3tion or to 3ro3S in 'lIhich livestock 3ro 3I1m'.(ed to gr3ze in the normal 3nd accustomed m3nner 3ssociated with rur31 agricultur31 practices. Livestock Domestic anim31s such 3S c3ttle, bison, sheep, goats, s'J.'ine, horses, mules, lIam3s, ostriches 3nd poultry r3ised for home use or ~ Aaritourism Aqriculturally-related accessory uses desiqned to brinq the public to the farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm mazes, pumpkin patch sales, farm animal viewinq and pettinq, waqon rides, farm tours, horticultural nurseries and associated display qardens, cider pressinq, wine or cheese tastinq, etc. Farm Worker Housina A place, area, or piece of land where sleepinq places or housinq sites are provided by an aqricultural employer for his or her aqricultural employees. Conservation District A "special purpose district," like a fire district or school district, orqanized in accordance with Chapter 89.08 RCW for the purpose of providinq assistance to landowners for the conservation of renewable resources. Field Office Technical Guide (FOTG) A USDA Natural Resources Conservation Service manual that contains information for use in technical assistance to decision- makers for resource manaqement. 5/10/04 5 Section 2 Attachment for Ordinance No. 06 . 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses UDC Section # PI ,.".,., ~ö01missionand D~º$ta UDC....ige·ln/Line·Out ·Am Farm Plan A conservation plan developed by a Conservation District technician and a landowner outlininq a series of actions developed to meet a landowner's qoals. while protectinq water quality and the natural resources within and around the farm property. Many thinas are considered in a farm plan, includinq farm size. soil types. slope of the land. proximity to streams, wetlands. or water bodies. type and numbers of livestock or crops, resources such as machinery or buildinq, and finances available. The terms Conservation Plan and Farm Plan are interchanqeable in this context. Resource Manaaement System A conservation system that meets or exceeds the quality criteria in the NRCS FOTG for resource sustainability for all identified resource concerns for soil. water. air, plants and animals. Natural Resources Conservation Service The Natural Resources Conservation Service is a US Dept. of Aqriculture division that provides technical assistance to decision- makers to protect, maintain, and improve soil. water, air. plant, and animal resources and related human considerations. 3 3.1.3.a(1) Land Use Districts. & (2) 5/10/04 3. Resource Lands. a. Agricultural Resource Lands (AG). (1) Commercial Agriculture (AG 20)Prime Aaricultural Lands (AP-20). The purpose of the Commoroi31 Prime Agricultural District Lands District district is to protect and preserve areas of prime agricultural soils for the continued production of commercial crops, livestock, or other agricultural products requiring relatively large tracts of agricultural land. It is intended to preserve tho open space ch3r3ctor of the are3 3nd thereby protect the businoss ~1nd lif-e style 3ssoci3tod '/lith commorci31 3griculture and upl3nd 3ssooi3ted 3qu3cultureand protect the land. environment. economy and lifestvle of aqriculture in Jefferson County. These lands must be protected as "Aqricultural Lands of Lona-Term Commercial Siqnificance."-;- (2) Local Agriculture (AG 5).Aaricultural Lands of Local Importance (AL-20). The purpose of the Aaricultural Lands of Local Agriculture Importance District district is to protect and preserve parcels of land which. while not necessarily consistinq of prime aqriculture soil or relatively larae acreaae, are still considered important to the local aaricultural economy, lifestyle and environment. As such they deserve protection as "Aqricultural 6 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses :!..:':.. ">:.:.:.....,.>:~:.:: ,·:,",·i<>: Planning Commission an UDC line-lolL Lands of Lona-Term Commercial Sianificance."aroas of locally important agriculturall::mds for the production of crops or othor agricultural products requiring smaller tracts of agricultural land. It is intended to preserve areas meeting the requirements of "agricultural lands of local significance" criteria as defined in the Comprehensive Plan, including upland associated aquaculture. 4 3.3.3 Development Permits and Resource Lands. Development permit approvals for the use of lands adjacent to taRGs designated as .^.G and FOR Resource Lands or lands '.\'ith 3 Minor31 Resource Land (MRL) Overl3Y designation, may shall be conditioned throuah the disclosure statement in section 3.3.2.d(2) and other appropriate measures to ensure that the use of such lands shall not interfere with the continued use in the accustomed manner and in accordance with best management practices of those lands designated for resource purposes. 5 3.5.2.a & b&c Rural and Resource Districts - Special Provisions. 2. Agricultural Resource Districts. a. Residential Density. No land designated as Commercial Agriculture (.^.G 20)Aaricultural Land shall be subdivided eF developed such that its residential density exceeds one unit per twenty (20) acres, when the property owner elects not to use the cluster subdivision option provided in Section 3.5.2t6121, below. L3nds designated as Loc31 Agriculture (AG 5) shall h3ve a maximum rosidenti31 density of one dwelling unit per p3rcel or one dwelling unit per twenty (20) acres, whichever is greater. b. Setback Requirements for Adjacent Development. The st3nd3rd setback for a dwelling unit constructed on 3 parcel th3t lies immedi3tely 3dj3cent to a p3rcel designated as Commercial Agriculture (AG 20) shall be seventy five (75) feet from the leg31 property line. The st3ndard setback for 3 d'l:elling unit constructed on 3 parcel that lies immedi3tely 3dj3cent to a parcel dosignated 3S Local ^griculture (^G 5) land shall be thirty five (35) f-eet from the legal property line. These setb3ck requirements shall be strictly 3dhered to '....ith the f-ollowing exception: Where 3 parcel lying immedi3tely adj3cent to designated agricultural land has been created prior to adoption of this Code, the residenti31 setback m3Y be reduced whon 3 v:ritton waiver is obtained from the owner of the designated agricultural land. If a \.v3iver is gr3nted, the fin31 residential sotback shall not be less than that provided by the underlying zoning setback. 612. Clustering Provisions... 5/10/04 7 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses y ~Planning Commissi UDC Li 6 3.6.8.d(3) Fish and Wildlife Habitat Areas. d. Exempt Activities. (3) .. .and existing and ongoing agricultural activities on lands enrolled in the Open Space Tax Program :JS .^.gricultur:J1 L:Jndfor aariculture or on lands designated as Agricultural Lands of Long- Term Commercial Significance on the official map of Comprehensive Plan Land Use MapDesianations... 7 3.6.9c(1)v Wetlands. c. Exempt Activities. (1) Wetlands. v. Existing and ongoing agricultural activities on lands enrolled in the Open Space Tax Program :JS Agricultur:J1 L:Jndfor aariculture or on lands designated as Agricultural Lands of Long-Term Commercial Significance on the official map of Comprehensive Plan Land Use Maß-Desianations. For the purpose of this section, existing and ongoing means that agricultural activities have been conducted within the five-year period leading up to the adoption of Ordinance No. 05-0428-03 on April 28, 2003. 8 3.6.13.2.a Planned Rural Residential Developments (PRRDs). 2. Applicability. a. This section 3.6.13 shall apply to all permitted uses within all rural residential and agricultural districts (i.e., RR 1 :5, RR 1 :10, RR 1 :20, AG-ðAP-20, and AG 20AL-20) and constitutes an overlay district (i.e., floating zone) over these districts. This Section 3.6.13 may be applied to existing subdivisions and lots of record on which no development has yet occurred, or where adequate vacant land exists within an existing development to meet the criteria contained within this Section 3.6.13. 9 3.6.13.3.a Planned Rural Residential Developments (PRRDs). &b 5/10/04 3. Minimum and Maximum Land Area - Dwelling Unit Cap and Cluster Cap. a. The minimum land area required for PRRD proposals shall be as follows: 1 RR 1:5 districts ten (10) ross acres; 8 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses 'e"·";ç." :."::.,... ........>:.....;:...'.'... <,.;'''..<>.>......... "', ,', .. .....";:'>; ,..........,.,.............. .. ..... .....",.,.... Planning Gommiss~ònand DCD Staff Recommendati . UDCtJne-ln'Line-Out Am" (2) RR 1: 1 0 district - twenty (20) gross acres; and (3) RR 1 :20 and /\G 20Aaricultural (AP-20 and AL-20) districts - forty (40) gross acres b. The maximum land area that may be included in a PRRD proposal shall be as follows: (1) RR 1:5 ::md I\G 5 districts - 225 gross acres; (2) RR1: 10 district - 450 gross acres; and (3) RR 1 :20 and ~Aaricultural (AP-20 and AL-20) districts - 900 gross acres 10 3.6.13.5.a Planned Rural Residential Developments (PRRDs). 5. Agricultural Districts - Reserve Tract Requirements. a. Each PRRD within the /\g 5 and /\G 20Aaricultural districts shall contain a reserve tract(s) comprising at a minimum the following percentage of the proposed PRRD: (1) AG 5 district seventy five (75) percentEiahtv-five (85) percent, with emphasis on preservina land with prime aaricultural soils for the practice of aariculture.¡--.aAG (2) I\g 20 district eighty five (85) percent 11 3.6.13.6. a Planned Rural Residential Developments (PRRDs). &b 6. Agricultural Districts - Development Setbacks from Reserve Tract(s). a. Dwelling units constructed on PRRD parcels located within the ^G 5 district shall be setback a minimum of thirty five (35) foet form the nearest line of ::my reserve tract. b. Dwelling units constructed on PRRD parcels located within the .^.G 20 district shall be setback a minimum of seventy five (75) f-eet from the nearest line of any reserve tract.rSection deleted bv ordinance. 2004.1 12 Table 3-1 Allowable and Prohibited Uses NOTES: 5/10/04 5. Land Use Districts: AG Agricultural Resource Lands AGðQ-20 Commercial /\griculturePrime Aaricultural Land AG-áAL-20 Aaricultural Land of Local/\griculturelmportance 9 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MlA04-26: UDC amendments related to Agricultural Activities & Accessory Uses .......' ''';i .....::...^;...:...:....:..>::.;;'......'.: ';:"":":"':<";:/',/:;,.:.'::". \:\.<;:::::";:. .....;.." ....;..;.. '.':;;S}.>:<.' :··.·.·....;'·\:::nwí: .. ";,' ", ',. ',,',.. ':,,<sp.,> Planning COlJlmissiònand DCD Staff R ODC line..ln'Line-Qut Am 13 Table 3-1 Allowable and Prohibited Uses (Column heading - Resource Lands) Agriculture Aqricultural CommorcÏ31 Prime and Local 14 Table 3-1 (Row under Specific land Use-Residential Uses-Single Family Housing) [Note: All references are to the AG column unless otherwise noted.] Farm Worker Housinq AG column- See 4.3 (all other columns - No) Animal Shelters and Kennels, Commercial - GaSee 4.3 Clinics (Medical, Dental, and Vision) & Veterin::1I)' Clinics and Hospitals No Veterinary Clinics and Hospitals - See 4.3 Small Equipment Repair, Sales and Rental Services - NeSee 4.3 Retail Sales and Service -= NeSee 4.3 Feedlots ::1nd StockY::1rds No Light Industrial/Manufacturing -= NeSee 4.3 Food or Beverage Bottling and/or Packaging -= NeSee 4.3 Outdoor Storage Yards -= NeSee 4.3 Recycling Center -= NeSee 4.3 Warehouse/Wholesale Distributing Center -= NeSee 4.3 Unnamed Essential Public Facilities -= NeSee 4.3 Assembly Facilities -= NeSee 4.3 College or Technical School/Adult Education Facility (not State owned) -= NeSee 4.3 Recycling Collection Facilities -= NeSee 4.3 School, Prima & Seconda - NeSee 4.3 5/10/04 10 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses Row # "'L':'" . .;.,'.>;;?".~: ....,..:,:,:...);.... .....:<!i;s~'¡,/V1{~ ning Commissiolf Rè'Commeif UDC Line-ln/Linø-OutAmendments Aqritourism - See 4.3 Animal Preserves and Game Farms with Danaerous. Wild Animals- - No Animal Tourist Farms with Domestic and Non-danaerous Wild Animals- See 4.3 Campgrounds and Camping Facilities, New - NeSee 4.3 Campgrounds and Camping Facilities and Small-Scale Resorts; Expansion of Existing Facilities - NeSee 4.3 Outdoor Commercial Amusement Facilities - NeSee 4.3 Recreational, Cultural or Religious Conference Center/Retreat Facilities -= NeSee 4.3 Outdoor Recreational Equipment Rental and/or Guide Services - NeSee 4.3 Rural Restaurant, only when associated with a primary recreational or tourist use ~ NeSee 4.3 Rural Recreational Lodging or Cabins for Transient Rental - NeSee 4.3 Unnamed Small Scale Recreation and Tourist Uses - NeSee 4.3 ^gricultur31 Processing Heavy No Agricultural Uses & Activities & Accessorv Uses - ¥es-See 4.3 [for all land use districts in row; replace current language] Aquatic Plant and Animal Process and Storage -= NeSee 4.3 Lumber Mills and Associated Forestry Processing Activities and Use s- NeSee 4.3 15 Section 4 Section 4 Performance and Use-Specific Standards 4.3 Agricultural Activities, Best Management Practices f-or Water Quality [Reserved] and Accessory Uses. [Note: Refer to full proposal for Section 4.3, beginning on page 14.] 5/10/04 11 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses 16 4.8 17 4.12.1 18 4.33 19 4.33.7 20 4.35.1 5/10/04 Assembly Facilities. 6. On Aaricultural Lands. Assemblv facilities on desianated Aaricultural Lands must be for uses related to the practice of aqriculture, such as classes and proarams on raisinq crops, animals husbandry, etc. College§. or Technical Schools. 1. Colleges or technical schools must comply with the Site Standards for Industrial Uses, Section 4.22. 2. Schools on desiqnated Aqricultural Lands must also meet the requirements set forth in Section 4.3. Aaricultural Activities and Accessory Uses. Seasonal Roadside Stands. The following standards apply to all seasonal roadside stands which are not located on desianated Aqricultural Lands: Seasonal Roadside Stands. 7. Retail sales on desianated Aqricultural Lands is subiect to the provisions of Section 4.3. Aqricultural Activities and Accessory Uses. Small-Scale Recreation and Tourist Uses. 1. Small-scale Recreation and Tourist Uses. Small-scale Recreational and Tourist Uses rely on a rural location and setting and provide opportunities to diversify the economy of rural Jefferson County by utilizing the County's abundant recreational opportunities and scenic and natural amenities in an environmentally sensitive manner consistent with the rural character of the County. Upon approval pursuant tot his Code, these types of uses may be conducted I n the land use districts specified I n Table 3-1 and as provided for in Small-Scale Recreation and Tourist (SRT) overlay districts under UDC 3.6.14. Aqritourism on desianated Aqricultural Lands is requlated in Section 4.3. Aaricultural Activities and Accessory Uses. The following list of uses in not intended to be exhaustive, but rather is intended to be illustrative of the types of Small-Scale Recreation or Tourist Uses: 12 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses 21 4.35.3.j ;8cD Staff R&commèAda ne-Out Amendments Commissi UDC lin Small Scale Recreation and Tourist Uses. (6) for desianated Aaricultural Lands, converts as little land with prime aaricultural soils as practicable into nonaaricultural use. 22 Table 6-1 Density, Dimension and Open Space Standards [First Column heading - ] .^.griculture Commerci31Aaricultural Resource Lands [Delete Second Column heading - Combine into one Column] Agriculture Local Development Standard - AG 20, !\G 5AP-20 & AL-20 Maximum Density (DU/Acre) -1/20 3nd 1/5 23 Table 6-2 Minimum Number of Parking Spaces Required for Different Land Uses. AGRICULTURAL USES Agricultural uses 3nd activities - None Agricultur31 processing 1 per employee 3nd 1 per 300 square feet of 3ny associated ret3il sales 3re3 Season31 agricultur31 produce stands [Determined by the l\dministr3tor] Accessorv uses - Parkina fullv accommodated onsite. unless otherwise permitted [End of table. Complete proposed Section 4.3 begins on next page.] 5/10/04 13 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses 4.3 Agricultural Activities and Accessory Uses 1. Definitions. For the purposes of this section 4.3, the following definitions shall apply. Other relevant definitions appear in subsections of this section 4.3 and in Section 2 Definitions of this code. a. Agriculture. The science, art, and business of producing crops, or raising livestock; farming. b. Agricultural Activities. Land preparation for agricultural purposes, such as clearing, grading, contouring, ditching, fencing, plowing, tilling, planting, cultivating, fertilizing, weed pest and disease control, spraying, pruning, trimming, harvesting, processing, packing, sales, and construction of farm and stock ponds, irrigation ditches and systems; livestock management, such as breeding, birthing, feeding and care of animals, birds, honey bees, and fish; the repair maintenance and incidental construction of equipment, structures, or machinery used to perform agricultural or husbandry operations; and the storage of agricultural products and machinery. c. Agricultural Product or Commodity. Any plant or part of a plant, or animal, or animal product, produced by a person (including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchadists, foresters, or other comparable persons) primarily for sale, consumption, propagation, or other use by people or animals. d. Accessory Uses. Uses accessory to agriculture that support, promote, or sustain agricultural operations and production, as provided in subsection 3 below. e. Agricultural Lands. Designated as either Prime Agricultural Land (AP-20) or Agricultural Land of Local Importance (AL-20) on the official map of Comprehensive Plan Land Use Designations. Agricultural Lands of Long-Term Commercial Significance is a category of Resource Lands under the State Growth Management Act and the Jefferson County Comprehensive Plan. f. Open Space Tax Program. County program associated with property taxation. Land being used for agriculture may be enrolled in the Tax Program through the County Assessor. The Tax Program is independent of land use designation (Le., zoning) and these development regulations, except in the context of identifying "existing and ongoing agriculture," as defined in this code and exempted from standard stream and wetland buffers as described in subsection 2.b.(2) below. g. Existing and Ongoing Agriculture. Any agricultural activities conducted on an ongoing basis on lands enrolled in the Open Space Tax Program for agriculture or designated as Agricultural Lands, provided that agricultural activities were conducted on those lands at anytime during the five-year period preceding April 28, 2003. Agricultural use ceases when the area on which it is conducted is converted to a non-agricultural use. h. New agriculture. Agricultural activities proposed or conducted after April 28, 2003 and that do not meet the definition of "existing and ongoing agriculture." i. Agricultural Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollution of waters or degradation of wetlands and fish and wildlife habitat areas. j. Farm Equipment. Includes but is not limited to tractors, trailers, combines, tillage implements, balers, and other equipment, including attachments and accessories that are used in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products. 5/10/04 14 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses 2. Agricultural Activities. a. Where Allowed. Agricultural Activities, as defined above, are an allowed use under any of the Comprehensive Plan land use designations, subject to the provisions of this subsection 2, except that "processing," "packing," and "sales" are regulated under subsection 3, Accessory Uses. b. When Exempt from Permit Process. Agricultural Activities are considered a matter of right and not subject to land use permits or approval from the Administrator, subject to the following: (1) Other applicable laws and rules. This section does not exempt the proponent from acquiring any other required approvals from County, State or Federal agencies, including but not limited to approvals related to matters of public health, safety, and welfare. (2) Environmentally sensitive areas. The Growth Management Act, Chapter 36.70A RCW, requires local governments to designate and protect "critical areas," such as wetlands and fish and wildlife habitat areas. This code contains provisions for the protection of environmentally sensitive areas (i.e., critical areas) at section 3.6.4, et seq. The fish and wildlife habitat areas section is 3.6.8 and includes protections for streams and their buffers. The wetlands section is 3.6.9 and includes protections for wetland buffers. These sections pertain to agricultural activities in the following manner: (i) New agriculture is required to meet all applicable provisions of UDC 3.6.4, et seq. (ii) Existing and ongoing agriculture is exempt from standard stream and wetland buffers. Refer to Sections 3.6.8 and 3.6.9, respectively. The exemption covers only existing and ongoing activities related to cultivating crops and grazing livestock and the land preparation associated with those agricultural activities. The exemption does not cover new structures, parking areas, or other similar development activities. New development activities related to agriculture are regulated as new agriculture. (iii) In exchange for this exemption from standard stream and wetland buffers, the agricultural communities in each Jefferson County watershed are expected to establish and implement appropriate agricultural Best Management Practices (BMPs) in order to protect wetlands and fish and wildlife habitat areas from adverse impacts related to the practice of agriculture. Refer to subsection (3) regarding agricultural BMPs below. (iv) The exemption from standard stream and wetlands buffers for existing and ongoing agriculture will be revisited during periodic review of the Comprehensive Plan and development regulations, pursuant to RCW 36.70A.130. If the County finds through evaluation of best available science that the voluntary implementation of agricultural BMPs is failing to protect wetlands and fish and wildlife habitat areas from impacts related to agriculture in any given watershed or specific areas within a given watershed, this exemption will be modified or eliminated for that watershed or particular sites within that watershed. (3) Agricultural Best Management Practices. Agricultural activities are expected to be conducted in a manner that protects against harm or degradation to the existing functions and values of fish and wildlife habitat in and adjacent to streams and wetlands through the implementation of agricultural Best Management Practices (BMPs). (i) Agricultural landowners and operators are encouraged to design BMPs through consultation with the following resources: 5/10/04 15 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses A. Section 4 of the USDA Natural Resources Conservation Service (NRCS) "Field Office Technical Guide" (FOTG) contains a nonexclusive list of conservation practices (BMPs) to guide implementation of the expectations of this section. B. The Jefferson County Conservation District is available to assist in the development of informal farm plans as well as formal plans such as the Resource Management System (RMS) Plan or other type of conservation plan approved through the NRCS. (ii) BMPs should be designed for site-specific conditions and should include pollution prevention and control measures that effectively address the following management areas: A. Livestock and dairy manaqement. Livestock and dairy operations must be conducted so as not to contribute any wastes or sediments into a natural or modified natural stream in violation of adopted State water quality standards. B. Nutrient and farm chemical manaqement. Manure must not be placed in a stream or location where such wastes are likely to be carried into a stream by any means. Farm chemicals shall be applied consistent with all requirements stated on the chemical container labels and all applicable Federal and State laws and regulations, such as Ch. 15.58 RCW (Pesticide Control Act), Ch. 17.21 RCW (Pesticide Application Act), and 7 United States Code (USC) 136 et seq. (Federal Insecticide, Fungicide, and Rodenticide Act). C. Soil erosion and sediment control manaqement. Construction of roads used for agricultural purposes, agricultural equipment operation, and ditch construction and maintenance should be undertaken in such a manner as to avoid sediment contribution to streams. D. Operation and maintenance of aqricultural drainaqe infrastructure. Dredging or removal of accumulated sediments in any ditch or ditched stream should be conducted when there is no or minimal flow in the stream (generally between June 15 and October 31) and in a manner that minimizes sediment contribution or other impacts to water quality. Excavation spoils should be placed so as not to cause bank failures and so that drainage from such spoils does not contribute sediment to streams. Maintenance of vegetation located within a stream that is part of drainage infrastructure may be conducted at any time, provided that any cutting or mowing is above the ground surface within the channel and in a manner that does not disturb the soil or sediments and that the cut vegetation does not block water flow. Stream bank vegetation should be preserved or planted as soon as practicable after drainage construction and maintenance are completed in order to stabilize earthen ditch banks. E. Riparian manaqement. Existing riparian vegetation should be managed to continue to provide soil and streambank stability, shade, filtration, and habitat for fish and wildlife. Landowners are encouraged to plant riparian vegetation to improve fish and wildlife habitat by providing shade, cover, organic debris, and control of noxious weeds. 5/10/04 16 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses (iii) An owner or operator is responsible only for those conditions caused by agricultural activities conducted by the owner or operator and is not responsible for conditions that do not meet the standards of this subsection resulting from actions of others or from natural conditions not related to the on-site agricultural operations. Conditions resulting from unusual weather events (such as storm in excess of a 25-year, 24- hour storm) or other exceptional circumstances that are not the product of obvious neglect are not the responsibility of the owner or operator. (iv) Agricultural activities are expected to meet the objectives and standards of this subsection through voluntary compliance. (v) Jefferson County, the Jefferson County Conservation District, and the Department of Ecology work cooperatively to identify potential violations of State water quality standards and to provide assistance to agricultural owners and operators for preventing or correcting water quality violations. The Department of Ecology maintains ultimate compliance authority for enforcing State water quality standards. (vi) "Existing functions and values" relates to the following categories: A. Water quality, as documented in a given watershed by the Jefferson County Conservation District or other management agency. B. The existence or absence of large woody debris within a stream, as documented in the "Salmon & Steel head Habitat Limiting Factors" analyses completed by the Washington Department of Fish and Wildlife CNDFW) between 2000 and 2003 for the Water Resource Inventory Areas CNRIAs) 16, 17,20, and 21, or other relevant studies. C. The existing riparian buffer characteristics and width, including but not limited to the existing amount of shade provided by the existing riparian buffer, as documented in the "Salmon & Steel head Habitat Limiting Factors" analyses completed by WDFW between 2000 and 2003 for the Water Resource Inventory Areas CNRIAs) 16,17,20, and 21, or other relevant studies. D. The existing channel morphology as documented with year 2000 Department of Natural Resources (DNR) Aerial Photography. (vii) "No harm or degradation" means the following: A. Maintaining or improving documented water quality levels, if available. B. Meeting, or working towards meeting, the requirements of any total maximum daily load (TMDL) requirements established by the Department of Ecology pursuant to Chapter 90.48 RCW. C. Meeting all applicable requirements of Chapter 77.55 RCW and Chapter 220-110 WAC (Hydraulics Code). D. No evidence of degradation to the exiting fish and wildlife habitat characteristics of the stream or wetland that can be reasonably attributed to adjacent agricultural activities. (viii) The references above to Chapters 77.55 and 90.48 RCW and Chapters 173-201A and 220-110 WAC shall not be interpreted to replace Department of Ecology and WDFW authority to implement and enforce these State programs. (4) Stormwater management. Jefferson County stormwater management regulations and procedures are described in sections 6.6, Grading and Excavation Standards, and 6.7, Stormwater Management Standards, of this code. These sections pertain to agricultural activities in the following manner: 5/10/04 17 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses (i) Commercial agriculture is exempt from stormwater management minimum standards pursuant to section 6.7.2 of this code and the referenced Department of Ecology Stormwater Management Manual for Western Washington (Manual). (ii) According to the Manual, "commercial agriculture" is defined as, "Those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity." (iii) Accordingly, agricultural activities such as land preparation for the cultivation of crops or the grazing of livestock and the maintenance of agricultural irrigation infrastructure are exempt from meeting the minimum requirements for stormwater management and from obtaining a stormwater management permit. (iv) This exemption does not apply to new development that is secondarily related to agriculture and that involves the construction of new structures, such as buildings for agricultural processing and retail sales, and the addition of impervious surfaces, such as compacted areas designed to accommodate parking. (v) This exemption does not apply to the initial clearing of forested land. Conversion of forested land to some other use incompatible with commercial forestry, as defined in the Forest Practices Act, Chapter 76.09 RCW, requires review under sections 4.16, 6.6 and 6.7 of this code. The State Department of Natural Resources may also require a Class IV general forest practices application. (5) Farm ponds and irrigation infrastructure. (i) Construction or expansion of farm and stock ponds and irrigation ditches and infrastructure in association with commercial agriculture as defined above is exempt from meeting stormwater management minimum standards and from obtaining approval, provided that said activities are not conducted in environmentally sensitive areas and their buffers as defined in sections 3.6.4 et seq. of this code. Landowners are encouraged to document the creation of new exempt ponds through photographs (before, during, and after construction) in order to facilitate any future development review on the property. (ii) Construction or expansion of ponds or irrigation ditches and infrastructure in wetlands and their buffers is subject to the provisions of section 3.6.9 of this code. A. Maintenance of existing farm and stock ponds and agricultural irrigation ditches and infrastructure is allowed without having to meet the protection standards pursuant to the exemption for "existing and ongoing agriculture" at 3.6.9.c(1 )v, if the activities are not prohibited by any other law. B. Construction of new ponds or expansion of existing ponds and drainage-related activities that would introduce new impacts is regulated under section 3.6.9 of this code. Activities within wetlands and their buffers require review and approval of a mitigation or enhancement plan pursuant to that section. 5/10/04 18 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses (iii) Generally, pursuant to section 6.6.5.b of this code, drainage improvements constructed in accordance with sections 6.6.2 and 6.7 of this code and construction of a pond of one-half acre or less which is not in a regulated wetland are exempt from the stormwater management permit requirement outlined in section 6.7.6. (6) Livestock management. (i) On designated Agricultural Lands, livestock management is allowed as a matter of right, except: A. Any operation that meets the State or Federal definition for an animal feeding operation (AFO) requires a consistency review land use permit (Le., "Yes" or Type I). B. Any activity that meets the State or Federal definition for a custom slaughtering establishment, custom meat facility, or medium concentrated animal feeding operation (medium CAFO) requires a conditional administrative (Ca) land use permit. C. Any operation that meets the State or Federal definition for a large concentrated animal feeding operation (CAFO), certified feed lot, public livestock market, stockyard, warehouse, or grain elevator, requires a conditional use (C) land use permit. (ii) On lands that are not designated Agricultural Lands, livestock management is allowed as a matter of right, except: A. The slaughter and preparation of between one hundred and one thousand chickens or other fowl in a calendar year by the agricultural producer of the chickens for the sale of whole raw chickens by the producer directly to the ultimate consumer at the producer's farm requires a conditional administrative (Ca) land use permit; over one thousand shall be prohibited. B. Any operation that meets the State or Federal definition for an animal feeding operation (AFO) requires a conditional administrative land use permit (Ca). C. Any operation that meets the State or Federal definition for a custom slaughtering establishment, custom meat facility, certified feed lot, public livestock market, stockyard, warehouse, grain elevator, or medium or large concentrated animal feeding operation (CAFO) shall be prohibited, except in the Heavy Industrial land use designation, where a conditional use (C) land use permit shall be required. (iii) Facilities for breeding and maintaining working dogs raised for livestock management purposes are exempt from performance standard number 3 of section 4.6.3, Animal Kennels and Shelters, in order to allow livestock guardian dogs to work during nighttime hours. Facilities for breeding and raising dogs for show or sale must be incidental and accessory to the principal farm activities and meet all of the performance standards for Animal Kennels and Shelters at section 4.6.3. (7) Structures. According to Section 5.1 of the Jefferson County Building Code Provisions (Ordinance No. 03-0713-98), certain types of agricultural structures do not require a building permit from the Department of Community Development. (i) No County building permit is required for buildings or structures erected exclusively for the storage of livestock, feed, and/or farm implements, provided said structures are: free standing-located at least ten (10) feet from the nearest structure and not attached to any structure-, unless attached to another agricultural building; do not contain plumbing, except 5/10/04 19 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses as necessary to maintain farm animals; do not contain a heat source, such as a wood stove or electric heat, unless specifically permitted. (ii) Agricultural buildings that contain plumbing other than that as authorized above must obtain a plumbing installation permit and Health Department approval. (iii) Agricultural buildings that contain a heat source for an agricultural purpose must obtain a wood stove permit or an electrical permit as appropriate. (iv) Agricultural buildings used for the storage of private automobiles, trucks, etc., which are not licensed as farm equipment, are considered garages or carports and must obtain a building permit. (v) Agricultural buildings used for the purpose of hosting members of the public for the purpose of retail sales of agricultural products or machinery constructed onsite shall require a building permit to ensure life safety and structural integrity. If an older agricultural building constructed under the building permit exemption for agricultural buildings is proposed for hosting members of the public, the building shall be brought into compliance with the building code, as determined by the Building Official. (vi) The Building Official shall judge whether a proposed structure, a structure under construction, or a completed structure violates this building permit exemption. A structure determined to be in violation will be considered a structure subject to the building code. (vii)Temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits are not considered structures subject to the State Building Code, Chapter 19.27 RCW, pursuant to RCW 19.27.065. 3. Accessory Uses. a. General Provisions. Pursuant to RCW 36.70A.177: (1) Accessory uses that support, promote, or sustain agricultural operations and production shall comply with the following: (i) Accessory uses shall be located, designed, and operated so as not to interfere with natural resource land uses and shall be accessory to the growing of crops or raising of animals; (ii) Accessory commercial or retail uses shall predominantly produce, store, or sell regionally produced agricultural products from one or more producers, products derived from regional agricultural production, agriculturally related experiences, or products produced on-site. Accessory commercial and retail uses shall offer for sale predominantly products or services produced on-site; and (iii) Accessory uses may operate out of existing or new buildings with parking and other supportive uses consistent with the size and scale of existing agricultural buildings on the site but shall not otherwise convert agricultural land to nonagricultural uses. (2) Accessory uses may include compatible commercial or retail uses including, but not limited to: (i) Storage and refrigeration or regional agricultural products; (ii) Production, sales, and marketing of value-added agricultural products derived from regional sources; (iii) Supplemental sources of on-farm income that support and sustain on- farm agricultural operations and production; (iv) Support services that facilitate the production, marketing, and distribution of agricultural products; and 5/10/04 20 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses (v) Off-farm and on-farm sales and marketing of predominantly regional agricultural products and experiences, locally made art and arts and crafts, and ancillary retail sales or service activities. b. Where Allowed. Accessory uses to agriculture are allowed exclusively in Agricultural Lands. c. Where Prohibited. Accessory uses to agriculture, as defined and regulated in this section, are prohibited in all land use districts except Agricultural Lands. Proposals that would be classified "Accessory Uses" in Agricultural Lands-such as such as processing, packing, and sales of agricultural products-may be considered and approved in other land use districts under different and appropriate land use classifications-such as Commercial use, Light Industrial use, Home Business, Cottage Industry, or Small-scale Recreation and Tourist use-subject to allowed and prohibited uses per land use district and the associated permit processes and approval criteria. d. When Exempt from Permit Process. Accessory uses on Agricultural Lands are considered a matter of right and not subject to land use permits or approval from the Administrator, subject to the following limitations and provisions in association with these various use categories: (1) General. All accessory uses, when exempted from a permit or approval process, shall be conducted in such a manner that: (i) Parking for all visitors or suppliers is fully accommodated onsite in a location and manner that does not encroach upon or negatively environmentally sensitive areas and their protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural use. (ii) New structures are constructed or existing structures are expanded in a located and manner that does not encroach upon or negatively environmentally sensitive areas and their protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural use. (2) Composting and recycling must be non-hazardous and biodegradable. (3) Processing and packing agricultural products if at least 50% of the product was raised or produced on the site or on other Jefferson County parcels, including but not limited to prepared foods, cheese, wine, beer, decorative materials, compost, etc., including cooperative processing and packing involving more than one local farmer. (4) Retail and wholesale sales of agricultural products from existing or new farm stands and farm buildings, including cooperative sales involving more than one local farmer, subject to the following provisions: (i) At least 50% of the square footage of the under-cover, retail display area is comprised of products from the farm on which the stand is located or from land owned by the owner of the stand. (ii) If less than 50% of the products sold come from the farm on which the sale occurs, all the products sold must primarily supply local agricultural activities and the sales must be accessory to the prime function of the land as a farm. Examples are sale of hay, specialized livestock materials, farm equipment, livestock fencing, horticultural supplies, etc. (5) Farm equipment. Commercial repair and maintenance of farm equipment and sales of equipment, structures, or machinery manufactured on-site for use in agricultural operations subject to the following provisions: (i) The activity must be accessory to the main function of the property as a farm. 5/10104 21 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses (ii) The activity shall comply with the following subsections of section 4.22, Industrial Uses-Standards for Site Development: 1 (a), (c), and (d). (ii) Storage of vehicles, equipment, materials or products not related to agriculture must meet the requirements of section 4.28, Outdoor Storage Yards. (6) Agritourism. Agriculturally-related activities designed to bring the public to the farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours, horticultural nurseries and associated display gardens, cider pressing, wine or cheese tasting, etc., subject to the following provisions: (i) All activities must be closely related to normal agricultural activities. Activities which simply adopt an agricultural theme or setting but which are not otherwise a normal extension of agricultural activities are not permitted as a matter of right; however, they may be considered under section 4.35 Small-scale Recreation and Tourist Uses. The following list of uses not permitted as a matter of right is illustrative but not exhaustive: mechanical rides such as Ferris wheels and carousels, arcade type games and activities, dance halls, stage performances, drinking establishments that serve alcohol which is not wine produced onsite, fireworks, sporting events, caged, wild animals exhibits, etc. (ii) Temporary events that are not related to agriculture are regulated by section 4.38, Temporary Outdoor Uses. (7) Classes. Subject to the following provisions: (i) Classes are clearly accessory to the primary function of the farm. (ii) Classes must not exceed four weeks in length for any single course of instruction. Schools with classes that exceed four weeks must meet the provisions of section subsection e(2)(ii) below, addressing agricultural schools. (ii) If students are regularly housed onsite for the class, the provisions of Section 4.21, Hospitality Establishments, shall apply. (8) Lumber mills and associated forestry processing activities and uses. Harvesting, sawing, processing, assembling and selling lumber is limited to timber from the designated Agricultural Lands property on which the activity is located and is subject to the regulations of Section 4.23, Lumber Mills (Portable and Stationary). e. When Permit Process is Required. (1) Proposal exceeds terms or limitations. Accessory uses on Agricultural Lands that are best described as one of the uses listed in subsection d. above and yet exceed or lie outside of the terms and limitations set forth in subsection d. above are considered discretionary uses (Le., "0" uses), as defined at 3.2.1.b of this code, and subject to a Type II administrative review as specified in Section 8 of this code. The Administrator may classify the proposed use as an allowed "yes" use, conditional administrative use, conditional use, or prohibited use. The permit process is subsequently conducted pursuant to Section 8 according to the use classification. (2) Other Accessory Uses. The following accessory uses may be permitted on designated Agricultural Lands subject to a discretionary determination by the Administrator (Le., a Type II administrative review process for a "0" use), provided they are located, designed and operated so as not to interfere with natural resource land uses and subject to the following provisions in association with these various use categories: 5/10/04 22 Section 2 Attachment for Ordinance No. 06 - 0510- 04 MLA04-26: UDC amendments related to Agricultural Activities & Accessory Uses (i) Permanent and/or seasonal farm worker housing, in addition to an accessory dwelling unit, provided that: A. The housing is used exclusively for agricultural workers on the farm and their families or members of the family of the farm owner with at least one member of each household actively working on the farm. B. The housing for farm labor is not sold, leased or rented to the general public unless the owner applies for and receives a permit for an agriculture-related recreational or tourist use as specified in section 4.35. C. The farm worker housing units are constructed in such a manner that they meet all applicable regulations for dwelling units for agricultural worker housing. D. A covenant is recorded with the title of the parcel on which the housing is located in a form satisfactory to the County that specifies that the units are exclusively for use by farm laborers and their families employed on the property by the owner. The use of the farm labor dwelling units may be converted to nonagricultural uses and the covenant removed subject to approval by the Administrator and issuance of any required land use permits. E. The accommodations shall not require the extension of public sewer services. (ii) Agricultural schools which offer a program that lasts for more than 30 days per year per student and which may be the primary function of the land, subject to the following provisions: A. The predominant focus of the curriculum and activities of the school is closely tied to and dependent upon agricultural activities and facilities on the farm. If the school has a conventional curriculum and is merely utilizing an agrarian setting, it does not qualify for location on designated Agricultural Land. S. Agricultural schools under this section which also house students and/or faculty for the duration of the course of study must meet the requirements of section 8.8 for a conditional use permit. C. Buildings and parking facilities used for the school avoid location on prime agricultural soils, whenever practicable. (iii) Veterinary clinics or hospitals which have at least a portion of their business serving large domestic animals necessitating holding pens, paddocks, etc., subject to the provisions of section 4.42.1.a and b. Veterinary clinics and hospitals that do not include an onsite, large animal practice are not permitted on land designated Agricultural Land. (iv) Farm restaurant when it is a component of the agritourism activities of a farm subject to the restrictions set forth in section 4.35.10. (v) Farm campground for fishing or hunting on or near farm property subject to the regulations in section 4.35.6.a(1) through (9). (vi) Guide services associated with livestock used for trail riding, packing, etc. (vii) Rural recreational tourist lodging subject to the provisions of section 4.35. (viii) Commercial display gardens subject to the requirements of section 4.35.3. [End of Section 2 attachment: UDC line-in/line-out amendments.] 5/10/04 23