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HomeMy WebLinkAboutO-2142 - Zones certain property (Special)CITY OF MARYSVILLE Marysville,Washington ORDINANCE NO.~ AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON ADOPTING THE SMALL FARM OVERLAY ZONE FOR CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF MARYSVILLE,AMENDING THE CITY'S OFFICIAL ZONING MAP AS ADOPTED IN ORDINANCE NO. 772,AND ADOPTING THE RECOMMENDATION OF THE MARYSVILLE PLANNING COMMISSION RELATING TO AMENDMENTS TO THE CITY'S COMPREHENSIVEPLANTO INCLUDETHE SMALL FARM OVERLAY ZONE DESIGNATIONS TO CERTAIN REAL PROPERTY. WHEREAS,on February 10,1997 the Marysville City Council adopted Ordinance No.2115 establishing a small farm overlay zone and adding a new section to the Marysville Municipal Code relating to divisions of land adjacent to small farm overlay zones;and WHEREAS,Ordinance No.2115,which is codified as Chapter 19.46.040 of the Marysville Municipal Code,provides for an application procedure for the small farm overlay zone; and WHEREAS,the Marysville Planning Department received 18 applications from owners of property within the city of Marysville for the small farm overlay zone and 15 applications from owners of property within the City's Urban Growth Boundary for the small farm overlay designations in the City's comprehensive plan;and WHEREAS,on July 8,1997 and July 22,1997 the Marysville Planning Commission held public hearings as required by law to consider the small farm overlay applications and heard testimony from City staff,the applicants and other interested citizens and parties;and WHEREAS,on August 3,1997 the Marysville City Council held a public meeting to consider the recommendations of the Marysville Planning Commission relating to the small farm overlay applications; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1.The small farm overlay zone as provided in Ordinance No.2115,and as codified in MMC Chapters 19.46.040 /mv/sfoz.ord 1 and 20.24,is hereby adopted for the real properties described in Exhibit A,which is attached hereto and incorporated by this reference.For those properties that are within the Marysville city limits,the small farm overlay zone shall apply.For those properties outside of the City limits but within the City's Urban Growth Boundary,the City's comprehensive plan is hereby amended to include the small farms overlay designation. Section 2.The following disclosure shall be required for new small farms,development permits,building permits, and transfers of real property within the small farm overlay zone pursuant to MMC 19.46.040(j): 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 Farm Overlay Zone are changed from the small farm overlay designation. /mv/sfoz.ord 2 PASSED by the this ;;;"~+-A day of City Council and APPROVED by the Mayor /4fA.(j4$f-t 1997. CITY OF MARYSVILLE By {)(/&A(/WtUOl MAYOR ATTEST: BY~TYCLERK Approved as to form: ByA~(\'W~ >CITY ATTORNEY Date of Publication:~ Effective Date (5 days after publication):9[117• /rnv/sfoz.ord 3