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HomeMy WebLinkAboutO-2115 - Adds Ch. 19.28, small farms overlay zone, and Sec. 20.24.300, land division requirements (Repealed by 2852)(~&&-r-;p-a1, (~~,~. I'C?~~ CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.)./1 5 AN ORDINANCE OF THE CITY OF MARYSVILLE ADDING A NEW CHAPTER, CHAPTER 19.28, TO THE MARYSVILLE MUNICIPAL CODE AND PROVIDING FOR A SMALL FARMS OVERLAY ZONE, AND AMENDING MMC CHAPTER 20.24 BY ADDING A NEW SECTION RELATING TO DIVISIONS OF LAND ADJACENT TO A SMALLFARMS OVERLAY ZONE. THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1: A new chapter is hereby added to Title 19 of the MarysvilleMunicipal Code which shall read as follows: Chapter 19,28 SmallFarms OverlayZone 19.28,010 Recitals. Agriculture, whether on a large commercial basis or on a small farm basis, has been a cherished facet of lifein the City of Marysville from its beginning. While large scale commercial farms are disappearingfrom the area, smallfarms continue to be a part oflife in the city and its environs, Such smallfarms currently produce vegetables, horses, cattle, Christmas trees, sheep, goats, nursery stock, llamas, poultry, waterfowl, fruit, buffalo, and the like, In addition, small farms provide an opportunity for youth to participate in 4-H and other similar education related activities, Recent public opinion polls and surveys, as well as public testimony have indicated the public strongly support these type of uses be allowed to continue in the Marysville area. In addition, the city wishes to respond to the concerns of the small farm owners located within the Urban Growth Area, but not yet annexed to the City, by adding regulations that minimizesadverse impacts on their way oflife upon annexationto the City of Marysville, 19.28,020 Purpose, The purpose of the small farms overlay is to provide a process for registering small farms, thereby applying the small farm 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. 19,28,030 Applicability.This chapter sets forth an administrative process of procedures and standards to be followed in applyingfor the smallfarm overlay zone. This overlay zone may be applied to allzones within the City ofMarysville. ORDINANCE - 1 19.28.040 Definitions.A."Existing and ongoing agricultural activities." Those activities involved in the production of crops and livestock, and changes between agricultural activities and uses, and normal operation, maintenance, repair, or reconstruction of existing serviceable structures,as well as construction of new farm structures, facilities or improved areas.An operation ceases to be ongoing when a formal plat has been approved by the city for development of the smallfarm. B."New SmallFarms". The conversion of a property from a non-agricultural activity to one involved in the production of crops and/or livestock, as well as construction of agricultural structures and/or facilities. C."Crops".Allplants grown for human or animalconsumption or use. D."Livestock".All animals commonly raised on farms, whether now or in the future, and includes such animals as emus, ostriches, buffaloes, llamas, and the like, which are not traditional farm animals but are raised on farms throughout the nation.Livestock does not include dogs, cats or exotic animalsas definedby city ordinance or state statute. 19.28.050 Permitted Uses in SmallFarm OverlayZone: Horticulture P Floriculture P Viticulture P Animalhusbandry P Production of seed, hay and silage P Christmastree farming P Aquaculture P Roadside stands P(l) Single family,detached P(2) (1)Roadside stands not exceedingthree hundred square feet in area, exclusivelyfor the sale of products produced on the premises, fromthe above listed uses. Space adequate for the parking of a minimum of three (3) vehiclesshallbe provided adjacent to any stand and not less than twenty feet from any street right-of-way. (2) One Singlefamilydwellingper lot,together with accessory structures and uses. 19.28.060 Approval Requirements. Administrative approval for the smal1 farm overlay shall be requested by the property owner and shall be granted by the Planning Director if the fol1owing requirements are met: 1.The minimumlot size shallbe 100,000 sq.ft.(2.3 acres).Smal1er tracts shal1 be permitted if such tracts were in existence and in agriculturaluse on the date this ordinance is enacted. 2. The use of the property is an existing and ongoing agricultural activity, as defined in Section 19.28. 040 MMC, or in the case of a new smallfarm larger than 2.3 acres, the property will be used for such agricultural activity. ORDINANCE - 2 3. The applicant pays a registration fee of$50.00. 4. The property owner provides the legal description and street address ofthe subject property. 5. In the case of new farms, the applicant shall submit a site plan which includes the following additional information: 1) Existing and/or proposed structures and required setbacks; 2) Drainage channels,water courses, marshes,lakes and ponds; 3) Fences, proposed grazing/exerciseareas; 4) Distance of adjacent dwellingsto the subjectsite's property boundaries and buildings; 5) Method of manure disposal;and 6) Any regulated sensitivearea such as wetlands, steep slopes or wildlifehabitat. 19.28.070 Small Farm Protections.A.All agricultural acttvrties,when conducted consistent with good agricultural practices, are declared to be a permitted activity within the SmallFarm Overlay Zone, not withstanding any other section of the code. Agricultural activities undertaken in conformity with all applicablelaws and rules are presumed to be good agricultural practices not adverselyaffectingthe publichealth and safety. B. Farm machinery and livestock animal noises emanating from a farm granted the small farm overlay shall be exempt from the city's noise code, Chapter 6.76, provided the small farm has been in existence two (2) years prior to the enactment of this ordinance. C. New development occurring next to tracts granted the small farm overlay shall provide adequate fencing and screening consistent with Section 20.24.300 MMC "Divisions of land adjacent to the SmallFarm OverlayZone." Section 19.28.080 Bulk and Dimensional Requirements. Bulk and dimensional requirements shallbe consistent with the underlyingresidentialzoning classification,as set forth in Section 19.20.010 MMC. Section 19.28.090 Notification Requirements. The notification requirements of this section shall apply to new small farm overlay requests, as well as existing and ongoing agricultural activities which were not granted the smallfarm overlay during the initial designation process: a. Signs. When the planning department determinesthat the proposed overlay request meets all the requirements as specifiedin Section 19.28.060, then the applicant shall post the property with a public notice sign. This sign shallbe supplied, organized, designed and placed as defined by the city's planning department. All signs designed herein are exempt from the city's zoning 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 fourteen calendar days. ORDINANCE -3 b.Upon receipt of a complete application, the city shall send written notice to adjacent property owners within three hundred feet of any portion of the subject property.Notice is deemed sent once placed in the mail. c.Upon receipt of a complete application, the city shall cause one notice of application to be published in the officialnewspaper. d.Upon receipt of a complete application, the notice of application shall be posted at Marysville City Hall, at the United States Post Officein the city, and in at least one additional location with public exposure. Section 19.28.100 Disclosure Text. Subject to subsections a and b, below, the following shall constitute the Disclosure required by this section for new smallfarms, development permits, building permits and transfers of real property withinthe smallfarms 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 non-agricultural 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 smallfarm 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 buildingpermit 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 Farm Overlay Zone are changed from the smallfarm overlay designation." a.Prior to the closing of a transfer of real property within the overlay zone, or real property adjacent to or within 300 feet of the 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 Section 19.28.100 MMC and shallrecord with the county auditor a copy of the same showing an acknowledgment of receipt executed by the transferee in a form prescribed by the Planning Director. The form of the acknowledged disclosure text shallinclude a statement that the disclosure notice applies to the subject real property as of the date of the transfer and may not be applicablethereafter if the overlay designationis removed. ORDINANCE - 4 b. Development permits and building permits for land designated farmland or land adjacent to or within 300 feet of designated farmlandshall includethe disclosure text in 19.28.100 MMC on the finaldevelopment or buildingpermit in a location determined by the Planning Director. Said disclosure notice shall apply to the real property which is subject to the development or buildingpermit as of the date of development or building permit approval and may not be applicablethereafter if areas designated with the smallfarm overlay zone are removed from said designation. Section 19.28.110 Appeals to Hearing Examiner. (a) AlI appeals of decisions relating to the smallfarm overlay zone shallbe made to the hearing examiner. Such appeals must be made in writing and filedwith the office of the hearing examiner within fourteen calendar days from the date on whichthe decisionwas rendered. (b) The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examinershallconstitute a recommendation to the city council, pursuant to MMC Section2.70.130. (c) Standing to appeal is limitedto the following:(1) the applicant or owner of the property on which the smallfarm overlay is proposed; (2) any aggrieved person that willthereby suffer a direct and substantialimpact from the proposed overlay zone. Section 19.28.120 Time period stay -- Effect of appeal. The filing of an appeal shall stay the running of the time periods for small farm overlay approval as set forth in this title. Section 19.28.130 Appeals to Court. Any appeals from a decision approving or disapproving the small farm overlay zone shall be in accordance with the Land Use Petition Act and shallbe filedwithin21 days of a finalcity council decision. SECTION 2: Chapter 20.24 of the MarysvilleMunicipalCode is hereby amendedby adding the following new section: Section 20.24.300 Divisions of land adjacent to "Small Farm Overlay Zone". For all proposed divisionsor redivisions of land which are located adjacent to a smallfarm that has been in existence for at least two (2) years preceding the application for new development, a six (6) foot high, sight obscuring chain link fence shall be required 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: (The applicant shall demonstrate to the planning department that the screening method proposed provides the greatest amount of protection relative to the type of adjacent agriculturaluse). ORDINANCE - 5 1.Protected sensitive areas and their related buffers may be utilized,if directly adjacent to the small farm overlay zone,or 2.An existing vegetative buffer which provides adequate screening and separation between the small farm use and the proposed subdivision. SECTION 3: No Special Duty Created.(1)It is the purpose of this Ordinance to provide for the health,welfare,and safety of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this ordinance.No provision or term used in this chapter is intended to impose any duty whatsoever upon the city or any of its officers,agents,or employees for whom the implementation or enforcement of this chapter shall be discretionary and not mandatory. (2)Nothing contained in this ordinance is intended to be,nor shall be construed to create or form the basis for any liability on the part of the city or its officers,agents,and employees for any injury or damage resulting from the failure of any premises to abate a nuisance or to comply with the provisions of this chapter or be a reason or a consequence of any inspection,notice or order,in connection with the implementation or enforcement of this ordinance,or by reason of any action of the city related in any manner to enforcement of this ordinance by its officers,agents or employees. SECTION 4: Severability.If any provision of this Ordinance shall be declared unconstitutional or invalid by any court of competent jurisdiction,it shall be conclusively presumed that this Ordinance would have been enacted without the provision so held unconstitutional or invalid, and the remainder of this title shall not be affected as a result of said part being held unconstitutional. PASSED by the City Council and APPROVED by the Mayor this 10th day of February. 1997. CITY OF MARYSVILLE MAYOR ORDINANCE·6 ATTEST:~__ -: By ---J-1~~~=2fd£~I:::::::::._- CITY CLERK Approved as to form: CITY ATTORNEY Date ofPublication:--':--+-<:"':::""'L...L---'-__ Effective Date (5 days after publication):----"'''-f-l---'--f----"---i---- ORDINANCE - 7