Chapter 22C.050


22C.050.010    Purpose.

22C.050.020    Applicability.

22C.050.030    Authority.

22C.050.040    General provisions.

22C.050.050    Permitted uses in small farms overlay zone.

22C.050.060    Approval requirements.

22C.050.070    Small farm protections.

22C.050.080    Bulk and dimensional requirements.

22C.050.090    Notification requirements.

22C.050.100    Disclosure text.

22C.050.110    Appeals to hearing examiner.

22C.050.120    Time period stay – Effect of appeal.

22C.050.130    Appeals to court.

22C.050.010 Purpose.

The purpose of the small farms overlay is to provide a process for registering small farms, thereby applying the small farms overlay zone and recording official recognition of the existence of the small farm, and to provide some encouragement for the preservation of such farms, as well as encouraging good neighbor relations between single-family and adjacent development. This chapter provides alternative development standards to address unique site characteristics and addresses development opportunities which can exceed the quality of standard developments, by:

(1) Establishing authority to adopt property-specific development standards for increasing minimum requirements of this code on individual sites; and

(2) Establishing the small farms overlay zone with alternative standards for special areas designated by the comprehensive plan or neighborhood plans. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.020 Applicability.

This chapter sets forth an administrative process of procedures and standards to be followed in applying for the small farms overlay zone. This overlay zone may be applied to all zones within the city of Marysville. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.030 Authority.

(1) This chapter authorizes the city of Marysville to increase development standards or limit uses on specific properties beyond the general requirements of this code through property-specific development standards, and to carry out comprehensive plan policies through special districts and overlay zones which supplement or modify standard zones through different uses, design or density standards or review processes.

(2) The small farms overlay zone shall be applied to specific properties or areas containing several properties through the rezone criteria as provided in MMC 22G.010.440. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.040 General provisions.

Small farms overlay zones shall be designated on the city zoning map as follows:

(1) Designation of a small farms overlay zone shall include policies that prescribe the purposes and location of the overlay;

(2) A small farms overlay zone shall be indicated on the zoning map with the suffix “-SF” following the map symbol of the underlying zone or zones;

(3) The small farms overlay zone may expand the range of permitted uses and development standards established by this code for any use or underlying zone; and

(4) Unless they are specifically modified by the provisions of this chapter, the standard requirements of this code and other city ordinances and regulations govern all development and land uses within the small farms overlay zones. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.050 Permitted uses in small farms overlay zone.

The following uses are permitted in the small farms overlay zone:

(1) Horticulture.

(2) Floriculture.

(3) Viticulture.

(4) Animal husbandry.

(5) Production of seed, hay and silage.

(6) Christmas tree farming.

(7) Aquaculture.

(8) Roadside stands, subject to the following standards:

(a) Roadside stands not exceeding 300 square feet in area.

(b) Roadside stands shall be exclusively for the sale of products produced on the premises, from the above listed uses.

(c) Space adequate for the parking of a minimum of three vehicles shall be provided adjacent to any stand and not less than 20 feet from any street right-of-way.

(9) One single-family dwelling per lot shall be allowed, together with accessory structures and uses. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.060 Approval requirements.

Administrative approval for the small farms overlay shall be requested by the property owner and shall be granted by the community development director if the following requirements are met:

(1) The minimum lot size shall be 100,000 square feet (2.3 acres). Smaller tracts shall be permitted if such tracts were in existence and in agricultural use on, or before, enactment of Ordinance 2131 (June 9, 1992).

(2) The use of the property is an existing and ongoing agricultural activity, as defined in MMC 22A.020.060, or, in the case of a new small farm larger than 2.3 acres, the property will be used for such agricultural activity.

(3) The applicant pays a registration fee of $50.00.

(4) The property owner provides the legal description and street address of the subject property.

(5) In the case of new small farms, the applicant shall submit a site plan which includes the following additional information:

(a) Existing and/or proposed structures and required setbacks;

(b) Drainage channels, watercourses, marshes, lakes and ponds;

(c) Fences, proposed grazing/exercise areas;

(d) Distance of adjacent dwellings to the subject site’s property boundaries and buildings;

(e) Method of manure disposal; and

(f) Any regulated critical areas such as wetlands, streams, geologic hazard areas or wildlife habitat. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.070 Small farm protections.

(1) All agricultural activities, when conducted consistent with good agricultural practices, are declared to be a permitted activity within the small farms overlay zone, notwithstanding any other section of this code. Agricultural activities undertaken in conformity with all applicable laws and rules are presumed to be good agricultural practices not adversely affecting the public health and safety.

(2) Farm machinery and livestock animal noises emanating from a farm granted the small farms overlay shall be exempt from the city’s noise code, Chapter 6.76 MMC.

(3) New subdivisions located adjacent to tracts granted the small farms overlay shall provide a six-foot-high, sight-obscuring chain-link fence along the property line, unless the developer demonstrates by clear and convincing evidence that a different barrier would be as adequate to protect the small farm. The following alternative methods of sight-obscuring screening may be utilized, but shall not be limited to:

(a) Protected critical areas and related buffers may be utilized, if directly adjacent to the small farms overlay zone; or

(b) An existing vegetative buffer which provides adequate screening and separation between the small farm use and the proposed subdivision.

The applicant shall demonstrate to the community development department that the alternative screening method proposed provides the greatest amount of protection relative to the type of adjacent agricultural use. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.080 Bulk and dimensional requirements.

Bulk and dimensional requirements shall be consistent with the underlying residential zoning classification, as set forth in Chapter 22C.010 MMC. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.090 Notification requirements.

The notification requirements of this section shall apply to new small farms overlay requests, as well as existing and ongoing agricultural activities which were not granted the small farms overlay designation:

(1) Signs. When the community development department determines that the proposed overlay request meets all the requirements as specified in MMC 22C.050.060, then the applicant shall post the property with a public notice sign. This sign shall be supplied, organized, designed and placed as defined by the community development department. All signs designed herein are exempt from the city’s land use standards and sign codes. All signs required to be posted shall remain in place until the final decision has been reached on the overlay zone. Following the decision, the applicant must remove the sign within 14 calendar days.

(2) Upon receipt of a complete application, the city shall send written notice to adjacent property owners within 300 feet of any portion of the subject property. Notice is deemed sent once placed in the mail.

(3) Upon receipt of a complete application, the city shall cause one notice of application to be published in the official newspaper.

(4) Upon receipt of a complete application, the notice of application shall be posted at Marysville City Hall, at the United States post office in the city, and in at least one additional location with public exposure. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.100 Disclosure text.

(1) Subject to subsections (2) and (3) of this section, the following shall constitute the disclosure required by this section for new small farms, development permits, building permits and transfers of real property within the small farms overlay zone:

Your real property is within, adjacent to, or within 300 feet of property designated as a small farm; therefore, you may be subject to inconveniences or discomforts arising from agricultural activities, including but not limited to noise, odors, fumes, dust, smoke, the operation of machinery of any kind, the storage and disposal of manure, the application by spraying or otherwise of chemical or organic fertilizers, soil amendments, herbicides and pesticides, hours of operation, and other agricultural activities.

Agricultural activities conducted within the overlay zone and in compliance with acceptable agricultural practices and established prior to surrounding nonagricultural activities are presumed to be reasonable and shall not be found to constitute a nuisance unless the activities have a substantial adverse effect on the public health and safety or are clearly not related to the small farm activities.

This disclosure applies to the real property which is subject to a development or building permit as of the date of the development or building permit approval or, in the case of real property transfers, the disclosure applies to the subject property as of the date of the transfer. This disclosure may not be applicable thereafter if areas subject to small farms overlay zone are changed from the small farms overlay designation.

(2) Prior to the closing of a transfer of real property within the small farms overlay zone, or real property adjacent to or within 300 feet of the small farms overlay zone, by deed, exchange, gift, real estate contract, lease with option to purchase, option to purchase, or any other means of transfer or conveyance (except transfers made by testamentary provisions or the laws of descent), the transferor shall provide the transferee a copy of the disclosure text in this section and shall record with the county auditor a copy of the same showing an acknowledgment of receipt executed by the transferee in a form prescribed by the community development director. The form of the acknowledged disclosure text shall include a statement that the disclosure notice applies to the subject real property as of the date of the transfer and may not be applicable thereafter if the small farms overlay designation is removed.

(3) Development permits and building permits for land within the small farms overlay zone or land adjacent to or within 300 feet of land within the small farms overlay zone shall include the disclosure text in this section on the final development or building permit in a location determined by the community development director. Said disclosure notice shall apply to the real property which is subject to the development or building permit as of the date of development or building permit approval and may not be applicable thereafter if areas designated with the small farms overlay zone are removed from said designation. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.110 Appeals to hearing examiner.

(1) All appeals of decisions relating to the small farms overlay zone shall be made to the hearing examiner. Such appeals must be made in writing and filed with the community development department within 14 calendar days from the date on which the decision was rendered.

(2) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall constitute a recommendation to the city council, pursuant to MMC 22G.060.130.

(3) Standing to appeal is limited to the following:

(a) The applicant or owner of the property on which the small farms overlay is proposed; and

(b) Any aggrieved person that will thereby suffer a direct and substantial impact from the proposed overlay zone. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.120 Time period stay – Effect of appeal.

The filing of an appeal shall stay the running of the time periods for small farms overlay approval as set forth in this title. (Ord. 2852 § 10 (Exh. A), 2011).

22C.050.130 Appeals to court.

Any appeals from a decision approving or disapproving the small farms overlay zone shall be in accordance with the Land Use Petition Act and shall be filed within 21 days of a final city council decision. (Ord. 2852 § 10 (Exh. A), 2011).