Chapter 20.50
AGRICULTURE OVERLAY ZONE

Sections:

20.50.000    Agriculture overlay zone.

20.50.005    Description and purpose.

20.50.010    Technical definitions.

20.50.015    Permitted uses – AGO zones.

20.50.020    Property development and performance standards – AGO zones.

20.50.025    Signs.

20.50.030    Agricultural nuisances.

20.50.035    Public notice.

20.50.000 Agriculture overlay zone.

The agriculture overlay AGO zone is hereby established. Properties so designated shall be subject to the provisions of this chapter. (Ord. 2504 § 1, 1997).

20.50.005 Description and purpose.

The AGO zone is intended to apply to properties designated “agriculture overlay” on the future land use map of the comprehensive plan. The AGO zone is intended to ensure that agricultural lands within these areas are treated sensitively to the location of and pressures from surrounding urban development. It is the intent of this zone to encourage the continuation of agricultural activities as defined herein until such time that these lands are needed for urban uses. It is also the intent of this zone to protect agricultural activities from zoning and nuisance complaints. (Ord. 2504 § 1, 1997).

20.50.010 Technical definitions.

For the purpose of this chapter, certain terms and words are defined:

(1) “Agricultural activity” means a condition or activity which occurs in connection with the production of farm products, either for personal consumption or sale, and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; movement including, but not limited to, use of current road ditches, streams, rivers, canals, and drains, and use of water for agricultural activities; ground and aerial application of seed, fertilizers, conditioners, and plan protection products; employment and use of labor; roadway movement of equipment and livestock; protection from damage by wildlife; prevention of trespass; construction and maintenance of buildings, greenhouses, fences, roads, bridges, ponds, drains, waterways, and similar features and maintenance of streambanks and watercourses; and conversion from one agricultural activity to another.

(2) “Farmland” means land or freshwater ponds devoted primarily to the production of livestock, freshwater aquacultural or other agricultural commodities.

(3) “Farm product” means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, dairy and dairy products, poultry and poultry products, livestock, including breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses, trees, freshwater fish and fish products, apiaries, equine and similar products, or any other product which incorporates the use of food, feed, fiber, or fur.

(4) “Generally accepted agricultural and best management practices” means sound, economically feasible farming techniques and best management practices as defined and/or recommended by the American Society of Agronomy, United States Department of Agriculture Soil Conservation Service, Washington State Cooperative Extension Service, and other professional or industrial agricultural organizations. (Ord. 2504 § 1, 1997).

20.50.015 Permitted uses – AGO zones.

(1) Any use permitted or conditionally permitted in the underlying zone.

(2) Agricultural activities. (Ord. 2504 § 1, 1997).

20.50.020 Property development and performance standards – AGO zones.

(1) The development and performance standards for the particular use and the underlying zone shall apply.

(2) Agricultural activities shall be conducted consistent with generally accepted agricultural and best management practices and shall not be restricted in terms of time of day or days of the week. (Ord. 2504 § 1, 1997).

20.50.025 Signs.

All signs within the AGO zones shall conform with the sign requirements of the underlying zone. In addition, during any spray operations, farmers may post city-approved caution signs on city right-of-way that read “Caution – Spraying in Progress” or other warnings that may be required by other agencies, without obtaining a permit. (Ord. 2504 § 1, 1997).

20.50.030 Agricultural nuisances.

Notwithstanding any other provisions in this code, agricultural activities conducted consistent with this chapter shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on the public health and safety. Agricultural activities undertaken in conformity with all applicable laws, rules and generally accepted agricultural and best management practices are presumed to be good agricultural practices not adversely affecting the public health and safety. (Ord. 2504 § 1, 1997).

20.50.035 Public notice.

Any property offered for sale within the agriculture overlay zone shall include notice to potential purchasers that it is located within an area where agricultural activities may be conducted and that such activities are legal and permitted by zoning regulations. A note to this effect shall be placed on any short plat or major subdivision approved by the city. Failure to do so shall not negate the right to engage in agricultural activities on any property located within the agriculture overlay zone. (Ord. 2504 § 1, 1997).