40.240.430 Review Uses – AgriculturalLand

A.    The following uses may be allowed on lands zoned Gorge Large-Scale or Small-Scale Agriculture pursuant to compliance with Sections 40.240.800 through 40.240.900:

1.    New cultivation, pursuant to compliance with Sections 40.240.820 through 40.240.870.

2.    Agricultural structures, except buildings, in conjunction with agricultural use.

3.    Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one (1) year and complete within five (5) years, pursuant to Section 40.240.200.

4.    Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsections (A)(5) and (6) of this section.

5.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel less than or equal to (ten) 10 acres in size are subject to the following additional standards:

a.    The combined footprints of all accessory buildings on a single parcel shall not exceed one thousand five hundred (1,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

b.    The height of any individual accessory building shall not exceed twenty-four (24) feet.

6.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel larger than ten (10) acres in size are subject to the following additional standards:

a.    The combined footprints of all accessory buildings on a single parcel shall not exceed two thousand five hundred (2,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

b.    The footprint of any individual accessory building shall not exceed one thousand five hundred (1,500) square feet.

c.    The height of any individual accessory building shall not exceed twenty-four (24) feet.

7.    The temporary use of a mobile home in the case of a family hardship, subject to Section 40.240.210.

8.    On lands zoned Gorge Large-Scale Agriculture, a single-family dwelling in conjunction with agricultural use, upon a demonstration that all of the following conditions exist:

a.    The subject farm or ranch (including all of its constituent parcels, contiguous or otherwise) has no other dwellings that are vacant or currently occupied by persons not directly engaged in farming or working on the subject farm or ranch and that could be used as the principal agricultural dwelling; and

b.    The farm or ranch upon which the dwelling will be located is currently devoted to agricultural use, where the day-to-day activities of one (1) or more residents of the agricultural dwelling will be principally directed to the agricultural use of the land. Current use includes a minimum area which would satisfy Section 40.240.430(A)(8)(c)(4); and

c.    The farm or ranch is a commercial agricultural enterprise as determined by an evaluation of the following factors:

(1)    Size of the entire farm or ranch, including all land in the same ownership;

(2)    Type(s) of agricultural uses (crops, livestock) and acreage;

(3)    Operational requirements for the particular agricultural use that are common to other agricultural operations in the area; and

(4)    Income Capability. The farm or ranch, and all its constituent parcels, is capable of producing at least forty thousand dollars ($40,000) in gross annual income. This determination shall be made using the following formula:

(A)(B)(C) = I

where:

A

=

Average yield of the commodity per acre, or unit of production

B

=

Average price of the commodity

C

=

Total acres suitable for production, or total units of production that can be sustained, on the subject farm or ranch

I

=

Income capability

9.    On lands zoned Gorge Large-Scale Agriculture, a second single-family dwelling in conjunction with agricultural use when the dwelling would replace an existing dwelling which is included in, or is eligible for inclusion in, the National Register of Historic Places, in accordance with the criteria for use in evaluating the eligibility of cultural resources contained in the National Register Criteria for Evaluation (36 CFR 60.4).

10.    On lands zoned Gorge Small-Scale Agriculture, a single-family dwelling on any legally existing parcel.

11.    On lands zoned Gorge Large-Scale Agriculture, a single-family dwelling for an agricultural operator’s relative; provided, that all of the following conditions exist:

a.    The dwelling would be occupied by a relative of the agricultural operator or of the agricultural operator’s spouse who will be actively engaged in the management of the farm or ranch. “Relative” means grandparent, grandchild, parent, child, brother or sister;

b.    The dwelling would be located on the same parcel as the dwelling of the principal operator; and

c.    The operation is a commercial enterprise as determined by Section 40.240.430(A)(8)(c).

12.    Construction, reconstruction or modifications of roads not in conjunction agriculture.

13.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, pursuant to Section 40.240.270. These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

14.    Towers and fire stations for forest fire protection.

15.    Agricultural labor housing upon a showing that:

a.    The proposed housing is necessary and accessory to a current agricultural use;

b.    The housing shall be seasonal unless it is shown that an additional full-time dwelling is necessary to the current agricultural use of the subject farm or ranch unit. Seasonal use shall not exceed nine (9) months; and

c.    The housing will be located to minimize the conversion of lands capable of production of farm crops or livestock and shall not force a significant change in or significantly increase the cost of accepted agricultural practices employed on nearby lands devoted to agricultural use.

16.    On lands designated Gorge Large-Scale Agriculture, on a parcel which was legally created and existed prior to November 17, 1986, a single-family dwelling not in conjunction with agricultural use upon a demonstration that all of the following conditions exist:

a.    The dwelling will not force a change in or increase the cost of accepted agricultural practices on surrounding lands;

b.    The subject parcel is predominantly unsuitable for the production of farm crops and livestock, considering soils, terrain, location and size of the parcel. Size alone shall not be used to determine whether a parcel is unsuitable for agricultural use. An analysis of suitability shall include the capability of the subject parcel to be utilized in conjunction with other agricultural operations in the area;

c.    The dwelling shall be set back from any abutting parcel designated Gorge Large-Scale or Small-Scale Agriculture, as required in Section 40.240.130(A) or any abutting parcels zoned Gorge Large or Small Woodland, as required in Section 40.240.140(A);

d.    A declaration has been signed by the landowner and recorded into county deeds and records specifying that the owners, successors, heirs and assigns of the subject property are aware that adjacent and nearby operators are entitled to carry on accepted agriculture or forest practices on lands zoned Gorge Large-Scale or Small-Scale Agriculture, or Gorge Small Woodland; and

e.    All owners of land in areas zoned Gorge Large-Scale or Small-Scale Agriculture, or Gorge Small Woodland, within five hundred (500) feet of the perimeter of the subject parcel on which the dwelling is proposed to be located have been notified and given at least ten (10) days to comment prior to a decision.

17.    On parcels in Small-Scale Agriculture, a land division creating parcels smaller than the designated minimum parcel size, pursuant to Section 40.240.370. If the designated minimum parcel size is twenty (20) acres, this provision will apply to parcels forty (40) acres in size or larger. Similarly, if the designated minimum parcel size is forty (40), eighty (80), or one hundred sixty (160) acres, this provision will apply to parcels eighty (80) acres or larger, one hundred sixty (160) acres or larger, or three hundred twenty (320) acres or larger, respectively.

18.    Life estates, pursuant to Section 40.240.450.

19.    Land divisions, subject to Section 40.240.370.

20.    Lot line adjustments that would result in the potential to create additional parcels through subsequent land divisions, pursuant to Section 40.240.380.

21.    Additions to existing buildings greater than two hundred (200) square feet in area or greater than the height of the existing building.

22.    Docks and boathouses, pursuant to Section 40.240.230.

23.    Removal/demolition of structures that are fifty (50) or more years old, including wells, septic tanks and fuel tanks.

24.    Commercial events, pursuant to Section 40.240.290.

25.    Placement of structures necessary for continued public safety and the protection of private property and essential public services damaged during an emergency/disaster event. This includes the replacement of temporary structures erected during such events with permanent structures performing an identical or related function. Land use proposals shall be submitted within twelve (12) months following an emergency/disaster event.

B.    The following uses may be allowed on lands zoned Gorge SMA Agriculture, pursuant to compliance with Sections 40.240.800 through 40.240.900. The use or development shall be sited to minimize the loss of land suitable for the production of agricultural crops or livestock:

1.    New cultivation or new agricultural use outside of previously disturbed and regularly worked fields or areas. Clearing trees for new agricultural use is subject to the additional requirements of Section 40.240.510(B)(24).

2.    Forest uses and practices as allowed in Section 40.240.510(B)(25).

3.    A single-family dwelling necessary for and accessory to agricultural use upon a demonstration that all of the following conditions exist:

a.    The proposed dwelling would be the only dwelling on the subject farm or ranch, including contiguous lots/parcels.

b.    The farm or ranch upon which the dwelling will be located is currently devoted to agricultural use, where the day-to-day activities of one (1) or more residents of the dwelling will be principally directed to the agricultural use of the land. The farm or ranch must currently satisfy the guideline in Section 40.240.430(B)(3)(c)(4).

c.    The farm or ranch is a commercial agricultural enterprise as determined by an evaluation of the following criteria:

(1)    Size of the entire farm or ranch, including all land in the same ownership.

(2)    Type(s) of agricultural uses (crops, livestock, orchard, etc.) and acreage.

(3)    Operational requirements for the particular agricultural use that are common to other agricultural operations in the area.

(4)    Income Capability. The farm or ranch, and all its contiguous parcels, must be capable of producing at least forty thousand dollars ($40,000) in gross annual income. This determination can be made using the following formula with periodic adjustments for inflation:

(A)(B)(C) = I

where:

A

=

Average yield of the commodity per acre or unit of production

B

=

Average price of the commodity

C

=

Total acres suitable for production, or total units of production that can be sustained, on the subject farm or ranch

I

=

Income capability

d.    Minimum parcel size of forty (40) contiguous acres.

4.    Farm labor housing on a parcel with an existing dwelling under the following conditions:

a.    The proposed housing is necessary and accessory to a current agricultural use and a showing that the operation is a commercial agricultural enterprise as determined by Section 40.240.430(B)(3)(c).

b.    The housing shall be seasonal unless it is shown that an additional full-time dwelling is necessary for the current agricultural use. Seasonal use shall not exceed nine (9) months.

c.    The housing shall be located to minimize the conversion of lands capable of production of farm crops and livestock and shall not force a significant change in or significantly increase the cost of accepted agricultural uses employed on nearby lands devoted to agricultural use.

5.    Agricultural structures, except buildings, in conjunction with agricultural use.

6.    Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one (1) year and complete within five (5) years, pursuant to Section 40.240.200.

7.    Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsections (B)(8) and (B)(9) of this section.

8.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel less than or equal to ten (10) acres in size are subject to the following additional standards.

a.    The combined footprints of all accessory buildings on a single parcel shall not exceed one thousand five hundred (1,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

b.    The height of any individual accessory building shall not exceed twenty-four (24) feet.

9.    Accessory building(s) larger than two hundred (200) square feet in area or taller than ten (10) feet in height for a dwelling on any legal parcel larger than ten (10) acres in size are subject to the following additional standards:

a.    The combined footprints of all accessory buildings on a single parcel shall not exceed two thousand five hundred (2,500) square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

b.    The footprint of any individual accessory building shall not exceed one thousand five hundred (1,500) square feet.

c.    The height of any individual accessory building shall not exceed twenty-four (24) feet.

10.    Home occupations pursuant to Section 40.240.240. The use or development shall be compatible with agricultural use. Buffer zones should be considered to protect agricultural practices from conflicting uses.

11.    Bed and breakfast inns subject to Section 40.240.250. The use or development shall be compatible with agricultural use. Buffer zones should be considered to agricultural practices from conflicting uses.

12.    Fruit stands and produce stands upon a showing that sales will be limited to products raised on the property and other agriculture properties in the local region.

13.    Aquaculture.

14.    Exploration, development, and production of sand, gravel, and crushed rock as defined by Section 40.240.040, for the construction, maintenance, or reconstruction of roads used to manage or harvest commercial forest products on lands with SMA pursuant to Sections 40.240.010(B) and 40.240.800, and all applicable federal, state and county standards.

15.    Utility facilities necessary for public service upon a showing that:

a.    There is no alternative location with less adverse effect on agriculture lands.

b.    The size is the minimum necessary to provide the service.

16.    Temporary asphalt/batch plant operations related to public road projects, not to exceed six (6) months.

17.    Community facilities and nonprofit facilities related to agricultural resource management.

18.    Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, pursuant to Section 40.240.270. These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

19.    Expansion of existing nonprofit group camps, retreats, and conference or education centers for the successful operation on the dedicated site. Expansion beyond the dedicated site is prohibited.

20.    Public recreation, commercial recreation, interpretive and educational developments and uses consistent with Section 40.240.900.

21.    Road and railroad construction and reconstruction.

22.    Agricultural product processing and packaging, upon demonstration that the processing will be limited to products produced primarily on or adjacent to the property. “Primarily” means a clear majority of the product as measured by volume, weight, or value.

23.    On a parcel of forty (40) acres or greater with an existing dwelling, the temporary use of a mobile home in the case of a family hardship, pursuant to Section 40.240.210.

24.    Additions to existing buildings greater than two hundred (200) square feet in area or greater than the height of the existing building.

25.    Docks and boathouses, pursuant to Section 40.240.230.

26.    Removal/demolition of structures that are fifty (50) or more years old, including wells, septic tanks and fuel tanks.

27.    Disposal sites managed and operated by the Washington State Department of Transportation or a Gorge county public works department for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the Scenic Area, pursuant to Section 40.240.280.

28.    Placement of structures necessary for continued public safety and the protection of private property and essential public services damaged during an emergency/disaster event. This includes the replacement of temporary structures erected during such events with permanent structures performing an identical or related function. Land use proposals shall be submitted within twelve (12) months following an emergency/disaster event.

(Amended: Ord. 2006-05-04; Ord. 2008-06-02)