Chapter 18.99
AGRICULTURE

Sections:

18.99.010 Purpose.

18.99.020 Permitted uses.

18.99.030 Accessory uses to agriculture.

18.99.040 Agricultural accessory use with review.

18.99.050 Criteria for minor agricultural retail sales.

18.99.060 Major agricultural retail.

18.99.070 Fees.

18.99.080 Time limitation.

18.99.090 Enforcement.

18.99.010 Purpose.

The purpose of this chapter is to provide for all forms of the keeping of livestock and crop related activities, e.g., crop growing and processing, for commercial and noncommercial agricultural ventures. To the extent possible, agriculture shall be treated as a preferred use in zones in which it is a permitted use. (Ord. 92-08 § 2, 1992)

18.99.020 Permitted uses.

When permitted as a use in a zone, agriculture shall be subject to the following conditions:

A. Annual and perennial crops from plants, bushes and trees are permitted subject to compliance with soil erosion considerations and impact on the water resources. General standards established by the U.S. Department of Agriculture as best management practices shall be a guide to permitted activities.

B. Ranching, grazing of livestock and free-range poultry are limited by density constraints established by the U.S. Department of Agriculture best management practices, as well as local laws. Best management practices limit the density of grazing animals in proportion to their demands for pasturage.

C. Confined feed lots and confined poultry yards must provide treatment of barnyard wastes to standards established by the U.S. Department of Agriculture as best management practices.

As long as agriculture is practiced within the provisions of “best management practices” defined by the U.S. Department of Agriculture and Chapter 16.20 BIMC, agricultural uses cannot be treated as nuisances. (Ord. 92-08 § 2, 1992)

18.99.030 Accessory uses to agriculture.

The following are accessory uses to agriculture:

A. Processing agricultural products produced on the Island. Certain zones may permit agriculture but only allow processing as a conditional use.

B. Storage of heavy equipment used for agricultural purposes.

C. A produce stand and consequent seasonal agricultural retail sales of products grown or livestock raised primarily on the Island is allowed.

D. Retail sales, in R-0.4, R-1 and R-2 zoning districts, of crops grown, or livestock raised primarily on the Island, or value added products made from those crops or livestock or agricultural-tourism associated with the growing of crops or raising of livestock, or incidental associated agricultural products, that meets the criteria found in BIMC 18.99.040, are allowed year-round. (Ord. 2004-11 § 1, 2004: Ord. 92-08 § 2, 1992)

18.99.040 Agricultural accessory use with review.

A. Purpose. To provide for the economic viability of Bainbridge Island farmers by allowing certain year-round on-site retail activities as an accessory or administrative conditional use in zoning districts where agriculture is an allowed and preferred use.

B. Procedure.

1. Agricultural retail complying with the criteria established in BIMC 18.99.050 shall be considered minor and permitted in zones R-0.4, R-1 and R-2, in which agriculture is a permitted and preferred use. An administrative review by the planning department will be conducted within 30 days of the city’s receipt of an agricultural retail plan application to determine compliance with this chapter.

2. Agricultural retail plans that meet the established criteria shall be kept on file at the city and the applicant shall be notified about review of the plan, and the criteria required by this chapter for the agricultural retail activity.

3. The agricultural retail plan shall be updated by the applicant as necessary to reflect current and accurate retail operation conditions.

4. Agricultural retail activity complying with the criteria established in BIMC 18.99.060, thresholds for major agricultural retail operations, shall follow an administrative conditional use permit process as outlined in Chapter 18.108 BIMC. (Ord. 2004-11 § 3, 2004)

18.99.050 Criteria for minor agricultural retail sales.

Agricultural retail in zones R-0.4, R-1 and R-2 shall meet all of the following criteria:

A. The retail activity shall be on site(s) where crops are grown or livestock is raised, and joint use of farmstands by multiple producers is allowed, including use of retail sites for pick-up of community supported agricultural (CSA) deliveries.

B. The retail activity shall be subordinate to the agricultural activity on-site.

C. Products sold shall be primarily Island grown crops, value added products if the defining ingredient was Island grown, and associated products that are incidental to the agricultural activity on the site.

D. Parking shall be provided on-site that does not adversely impact sensitive areas or water quality and accommodates the anticipated traffic volumes.

E. Noise thresholds as established in Chapter 16.16 BIMC shall not be violated.

F. Lighting shall meet the city’s standards as established in Chapter 15.34 BIMC.

G. Shall be allowed up to four special events per year.

H. No more than 24 (round trip) retail-related automobile trips per day (on average, annually) shall be generated except that:

1. An agricultural retail operation activity within an R-0.4, R-1 or R-2 zoning district that is located on a road classified as a secondary arterial or above, and has the capacity on-site to accommodate the required parking may generate an unlimited number of automobile trips per day for agricultural retail activities.

I. Agricultural-tourism activities are allowed as defined in Chapter 18.06 BIMC.

J. All applicable local, county, state and/or federal requirements must be met. (Ord. 2004-11 § 3, 2004)

18.99.060 Major agricultural retail.

A. Major agricultural retail shall be determined as follows:

1. Agricultural retail in zones R-0.4, R- 1 and R-2 with volumes, that are located on a roadway classified as a collector or lower, that are expected to exceed the allowed thresholds of 36 (round-trip) trips per day average; or

2. Agricultural retail in zones R-0.4, R-1 and R-2 offering more than four special events on-site per year.

B. All agricultural retail activity that exceeds the thresholds set in this section shall be considered major agricultural retail operation and shall be processed according to BIMC 18.108.020.C, Administrative Conditional Use. (Ord. 2004-11 § 3, 2004)

18.99.070 Fees.

Fees shall be established by resolution as set forth in BIMC 2.16.060 except that property with an existing conservation easement or a property that is currently enrolled in the Kitsap County current use assessment program or property that has had the development rights removed shall be exempt from fees for the agricultural retail sales review. (Ord. 2004-11 § 3, 2004)

18.99.080 Time limitation.

Agricultural retail operations shall continue as long as the use continues to comply with the criteria that were in effect at the time of original approval and as long as the business complies with the conditions established in the agricultural retail plan for the site and with any other applicable city, county, state or federal regulations.

A. Any on-site agricultural retail activity that ceases operation for more than one year (four consecutive seasons) shall be required to reapply.

B. Agricultural retail plans, for ongoing operations, may be updated at any time, without a review fee, to reflect changes in agricultural retail operations, as long as the proposed changes continue to meet the criteria established in BIMC 18.99.040. (Ord. 2004-11 § 3, 2004)

18.99.090 Enforcement.

A. Upon notification that a violation of the required criteria may have occurred, the director shall notify the property owner of the alleged violation and a code enforcement investigation shall be conducted.

B. If it is determined that there was a violation of the criteria found in BIMC 18.99.040, the code enforcement officer shall notify the owner of the property by certified mail of the findings and required actions for compliance. (Ord. 2004-11 § 3, 2004)