Chapter 15.21
AGRICULTURE (AG) ZONING DISTRICT

Sections:

15.21.010    Purpose.

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

15.21.040    Lot Size.

15.21.045    Clustering of Existing Lots Permitted.

15.21.050    Small Lot Provisions.

15.21.105    Special Exception Lot Provisions.

15.21.120    Review Criteria for Especially Sensitive Land Uses.

15.21.010 Purpose.

The agriculture (AG) zoning district is intended to preserve and maintain areas for the continued practice of agriculture and to permit only those new uses that are compatible with agricultural activities.

The specific intent of this zoning district is to:

(1)    Implement the Comprehensive Plan which calls for the preservation of agricultural lands;

(2)    Provide a zoning district to protect, stabilize and enhance the land base devoted to, or important for, the long-term commercial production of agricultural goods in Yakima County and to protect the best agricultural areas from conflicting uses and influences;

(3)    Establish Type I permitted, accessory and Type II or III conditional uses which are compatible with the intent to protect agricultural lands of long-term commercial significance;

(4)    Provide siting criteria, special setbacks, buffering standards and other measures to adequately notify and separate residential and other especially sensitive land uses from the common, customary, accepted or innovative/new technology land management practices;

(5)    Establish and maintain a large minimum lot size for agricultural uses, procedures for parcel reconfiguration and other measures to allow flexibility in the use of agricultural lands, consistent with the purpose of the Comprehensive Plan;

(6)    Limit the creation of small lots;

(7)    Allow farmers and ranchers the opportunity to separate an existing residence from the balance of their agricultural property.

(8)    Provide a positive criterion for the assessor to consider in establishing land assessments.

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

15.21.020 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.

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

15.21.040 Lot Size.

The minimum lot size in this zoning district shall be forty acres or one quarter-quarter section, including public right-of-way, except for lots created under the provisions of Sections 15.21.045, 15.21.050 and 15.21.105.

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

15.21.045 Clustering of Existing Lots Permitted.

Clustering of existing lots may be permitted through joint Type I and short subdivision exemption review for up to four clustered lots and a balance within a property or 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 four. Minor boundary line adjustments not involving clustering are not subject to the clustering provisions of this title.

The cluster shall be required to meet adopted development standards and the following:

(1)    Clustering of existing lots to locations within a property or contiguous properties may be permitted to minimize adverse effects on agriculture, using lot size(s) of one to three acres for all but the large remaining lot, except the reviewing official may authorize a larger lot size in order to: meet health requirements, follow physical features that act as obstacles to farming, meet special set-backs or encompass existing improvements, as outlined in Section 15.21.050(1). Any lot that is allowed to be greater than 3.0 acres in size shall be considered a small lot and not capable of being further subdivided while zoned AG. A covenant indicating this restriction shall be recorded whenever a larger lot size is granted.

(2)    For an existing lot to be eligible to be relocated into a cluster, it must first be considered a buildable lot. The number of lots may not be increased through this process.

(3)    Clustering shall be done in such a manner as to ensure that the proposed development will not adversely impact agricultural activities on the balance of the property or on adjoining and nearby AG-zoned lands.

(4)    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.

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

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

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

(c)    Use of predominantly nonagricultural soils;

(d)    Use of nonirrigable areas of the property;

(6)    The large remaining lot shall not be further divided while it remains AG zoned land. A covenant documenting the restriction(s) shall be recorded in a form acceptable to the county.

(Ord. 3-2003 § 2, 2003: Ord. 15-2002 § 6 2002: Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.21.050 Small Lot Provisions.

(1)    Lots in the AG zoning district that are greater than three acres may be subdivided to create one small lot around an existing residence; provided that it has been at least fifteen years since the lot was last divided, and it has contained a lawfully existing residence for at least the last five years, subject to the following:

(a)    The small lot shall be one to three acres in size, except the reviewing official may authorize a larger lot size when:

(i)    The Yakima Health District determines that a larger area is necessary for the inclusion of approved water supply and sewage disposal systems within the lot; or

(ii)    A Type II administrative exemption from the subdivision code is granted to allow the lot to be greater than three acres in size. Such exemptions may be granted if the logical division to create the lot follows a physical feature which acts as a bona fide, practical obstacle to normal and necessary farming practices, or when a larger lot size is necessary to encompass existing related uses or structures in immediate proximity; or

(iii)    A reduction in the special agricultural setback required under Section 15.20.085 is not approvable, thus necessitating a larger lot size.

(b)    The balance of the parent lot shall be at least one acre and capable of meeting all setbacks and other applicable requirements, with the assumption that at some time it will contain a single-family residence.

(c)    Any small lot that is allowed to be greater than 3.0 acres in size shall still be considered a small lot and is not capable of being further subdivided under this section. A covenant indicating this restriction shall be recorded whenever a larger lot size is granted.

(d)    In cases where a lot contains more than one legally placed dwelling unit, any subdivision thereof shall correct any nonconformity to the maximum extent possible.

(e)    When a subdivision of a lot involves a structure nonconforming by virtue of bulk or dimension, the subdivision shall not increase the degree of nonconformity.

(2)    When there exists a lot that is three acres or smaller is size, and it has contained two legal dwellings of significant value since before October 1, 1974, the property may be divided to separate the two dwellings onto individual lots, provided that all other applicable requirements are met.

(3)    When there exists a lot greater than 3.0 acres that has contained two legal dwellings of significant value since before October 1, 1974, then a second small lot, in addition to the small lot of subsection (1) above, may be created around the second dwelling subject to the criteria of subsection (1a-1e) above

(Ord. 15-2002 § 7, 2002: Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.21.105 Special Exception Lot Provisions.

(1)    Purpose. In addition to the small lot provisions of Section 15.21.050, one special exception lot may be granted through the Type II review process in those limited situations when the property is greater than 3.0 acres, contains land that is unusable for agricultural purposes and establishment of a residence on that land will not affect neighboring agricultural operations, according to the following review criteria:

(a)    The applicant shall submit documentation from a qualified third party (e.g. Natural Resource Conservation Service, WSU Cooperative Extension Service, agricultural consultants, Department of Agriculture) that the proposed lot is located on land that is generally unsuitable for agricultural uses and activities, given the type of agricultural activities in the area;

(b)    In areas where irrigated agriculture is typical, the proposed lot is located in an area without irrigation water, as demonstrated by the unavailability of irrigation shares or rights, and the documented inability to acquire or to use them.

(c)    The proposal will not adversely impact, or interfere with accepted farm practices on adjacent or nearby agricultural operations, given the type of agriculture that is in the area and its relative susceptibility to nuisance complaints due to accepted farm operations and management practices;

(d)    Use of mitigation measures to effectively reduce the potential for land use conflicts and separate the site from active agricultural operations, such as: landscape buffers; special setbacks; screening; site design using physical features such as rock outcrops, ravines, roads, irrigation canals or critical areas; or proximity to established dwellings, small lots or other nonagricultural buildings:

(2)    The special exception process may only be used in those situations where other viable alternatives, such as the boundary line adjustment (SSE) or clustering process, are not available to accomplish the objective.

(3)    The special exception process shall not be used to create lots for accessory apartments, temporary mobile or manufactured homes and park models, or accessory farm dwellings.

(4)    If a special exception lot is granted, it shall be one to three acres in size, except the reviewing official may authorize a larger lot size in order to: meet health requirements, follow physical features that act as obstacles to farming, or encompass existing improvements, as outlined in Section 15.21.050(1).

(5)    No lot that is granted a special exception shall be further divided for 10 years.

(6)    All special exception lots shall be subject to the agricultural setbacks of Section 15.20.085. Adjustment of these setbacks shall not be permitted when creating a special exception lot that does not contain a residence.

(Ord. 3-2003 § 1, 2003: Ord. 15-2002 §§ 3, 8, 2002: Ord. 1-2000 § 1 (Exh. A (part)), 2000).

15.21.120 Review Criteria for Especially Sensitive Land Uses.

Proposals for especially sensitive land uses, as defined in Section 15.08.240, other than the first dwelling to be located on a lot, shall be reviewed according to the criteria of Section 15.21.105(1)(c) and (d) above. In addition, the use should generally be located on the least productive portion of the property.

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