READ FIRST TIME 02/03/06.   

     AN ACT Relating to accessory uses on agricultural lands; and amending RCW 36.70A.177.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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 accessory uses and 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 not interfere with ((natural resource land uses and shall be accessory to the growing of crops or raising of animals)), and to support the continuation of, the overall agricultural use of the property and neighboring properties, 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) Agricultural accessory uses and activities, including but not limited to the storage, distribution, and marketing of regional 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 may operate out of existing or new buildings with parking and other supportive uses)) (ii) Nonagricultural accessory uses and activities as long as they are consistent with the size ((and)), scale, and intensity of the existing agricultural use of the property and the existing buildings on the site ((but)). Nonagricultural accessory uses and 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 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
     (c) Counties and cities have the authority to limit or exclude accessory uses otherwise authorized in this subsection (3) in areas designated as agricultural lands of long-term commercial significance.
     (4) This section shall not be interpreted to limit agricultural production on designated agricultural lands.