2917-S AMS ARED S5358.3

SHB 2917  - S COMM AMD
     By Committee on Agriculture & Rural Economic Development

ADOPTED 03/03/2006

     Strike everything after the enacting clause and insert the following:

"Sec. 1   RCW 36.70A.177 and 2004 c 207 s 1 are each amended to read as follows:
     (1) A county or a city may use a variety of innovative zoning techniques in areas designated as agricultural lands of long-term commercial significance under RCW 36.70A.170. The innovative zoning techniques should be designed to conserve agricultural lands and encourage the agricultural economy. Except as provided in subsection (3) of this section, a county or city should encourage nonagricultural uses to be limited to lands with poor soils or otherwise not suitable for agricultural purposes.
     (2) Innovative zoning techniques a county or city may consider include, but are not limited to:
     (a) Agricultural zoning, which limits the density of development and restricts or prohibits nonfarm uses of agricultural land and may allow accessory uses, including nonagricultural-related activities, that support, promote, or sustain agricultural operations and production, as provided in subsection (3) of this section;
     (b) Cluster zoning, which allows new development on one portion of the land, leaving the remainder in agricultural or open space uses;
     (c) Large lot zoning, which establishes as a minimum lot size the amount of land necessary to achieve a successful farming practice;
     (d) Quarter/quarter zoning, which permits one residential dwelling on a one-acre minimum lot for each one-sixteenth of a section of land; and
     (e) Sliding scale zoning, which allows the number of lots for single-family residential purposes with a minimum lot size of one acre to increase inversely as the size of the total acreage increases.
     (3)(((a))) Accessory uses allowed under subsection (2)(a) of this section shall comply with the following:
     (((i))) (a) Accessory uses shall be located, designed, and operated so as ((not)) to ((interfere with natural resource land uses and shall be accessory to the growing of crops or raising of animals)) minimize interference with agricultural land and shall comply with the requirements of this chapter;
     (((ii))) (b) Accessory ((commercial or retail)) uses ((shall predominately produce, store, or sell regionally produced)) may include:
     (i) Commercial or retail activities related to agriculture, including but not limited to the storage, distribution, and marketing of
agricultural products from one or more producers, ((products derived from regional agricultural production,)) agriculturally related experiences, or ((products produced on-site. Accessory commercial and retail uses shall offer for sale predominantly products or services produced on-site)) the production, marketing, and distribution of value-added agricultural products, including support services that facilitate these activities; and
     (((iii) Accessory uses)) (ii) Nonagricultural-related activities as long as they are compatible in size, scale, and intensity with, will not interfere with, and will support the continuation of, the agricultural use of the property and neighboring properties;
     (c) Accessory uses
may operate out of existing or new buildings with parking and other supportive uses consistent with the size ((and)), scale, and intensity of the existing agricultural use of the property and the existing buildings on the site ((but shall not otherwise convert agricultural land to nonagricultural uses.
     (b) Accessory uses may include compatible commercial or retail uses including, but not limited to:
     (i) Storage and refrigeration of regional agricultural products;
     (ii) Production, sales, and marketing of value-added agricultural products derived from regional sources;
     (iii) Supplemental sources of on-farm income that support and sustain on-farm agricultural operations and production;
     (iv) Support services that facilitate the production, marketing, and distribution of agricultural products; and
     (v) Off-farm and on-farm sales and marketing of predominately regional agricultural products and experiences, locally made art and arts and crafts, and ancillary retail sales or service activities
)); and
     (d) Any new nonagricultural-related activities including new buildings, parking, or supportive uses shall not be located outside the general area already developed for buildings and residential uses and shall not otherwise convert more than one acre of agricultural land to nonagricultural-related activities
.
     (4) Counties and cities have authority to allow or limit accessory agricultural activities and accessory nonagricultural-related activities in accordance with subsection (3) of this section in areas designated as agricultural lands of long-term commercial significance.
     (5) This section shall not be interpreted to limit agricultural production on designated agricultural lands.
"

SHB 2917  - S COMM AMD
     By Committee on Agriculture & Rural Economic Development

ADOPTED 03/03/2006

     On page 1, line 1 of the title, after "lands;" strike the remainder of the title and insert "and amending RCW 36.70A.177."

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