Code

Chapter 16.24 Bainbridge Island Municipal Code

PROTECTION AND PRESERVATION OF FARMLANDS AND OPEN SPACE

16.24.010 Findings and declaration of purpose.

The city council finds that:

The city is a desirable place to live and visit because of the natural beauty of its open space, including farmlands.
Land suitable for farming is an irreplaceable natural resource. When such land is converted to housing, an important community resource is permanently lost to the citizens of the city.
Despite the value of farms and farmers to the community, increasing land values threaten to eliminate farming as a way of life.
The acquisition by the city of voluntarily offered interests in farmlands and open space within the city, as provided in this chapter, will permit these lands to remain in farmland and open space uses and provide long-term protection for the public interests which are served by farmlands and open space.
The acquisition of development rights in farmlands and open space as provided in this chapter is a public purpose.

18.24.140 Recognition of historic island farms.

A. Intent. The intent of this section is to publicly recognize and encourage an essential element of the island’s character and history –family farms.
B. Criteria for Designation. A historic island farm shall meet the following criteria:

Currently used as a farm;
At least 25 percent of the lot used for farming;
Was a farm prior to 1965; and
Is at least two and one-half acres in size.

C. Process for Designation. Any person may recommend a farm for recognition as a historic island farm.
D. Designation as a historic island farm is an honorary designation and shall not restrict the sale, alteration, use or the exercise of any other right of ownership. (Ord. 2016-11 § 2, 2016)
Agricultural Product, Farmer.

“Agricultural product” means any product of plant cultivation or animal husbandry including, but not limited to: A product of horticulture, grain cultivation, vermiculture, viticulture, or aquaculture as defined in RCW 15.85.020; plantation Christmas trees; turf; or any animal including but not limited to an animal that is a private sector cultured aquatic product as defined in RCW 15.85.020, or a bird, or insect, or the substances obtained from such an animal. “Agricultural product” does not include animals intended to be pets.
“Farmer” means any person engaged in the business of growing or producing, upon the person’s own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever for sale. “Farmer” does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the person’s own consumption. “Farmer” does not include a person selling any animal or substance obtained therefrom in connection with the person’s business of operating a stockyard or a slaughter or packing house. “Farmer” does not include any person in respect to the business of taking, cultivating, or raising timber.

https://www.codepublishing.com/WA/BainbridgeIsland/#!/BainbridgeIsland16/BainbridgeIsland1624.html

The conservation and protection of agricultural lands on Bainbridge Island are considered economically and nutritionally beneficial. Protection of these lands will enhance the cultural and economic diversity and retain the Island character of the Island. (Ord. 98-20 § 14, 1998)

“Agricultural land” means land primarily devoted to agricultural operations.
“Agricultural operation” means any facility or activity for the production or intent of production for commercial or family use purposes of dairy, apiary, livestock, camelids, ratites, vegetable or animal products, and crop products including, but not limited to, ornamental crops. Incidental vegetable gardening, landscaping and keeping common pets are not defined as agriculture.
“Best management practices” means conservation practices or systems of practices and management measures that:
1. Control soil loss and protect water quality from degradation caused by nutrients, animal waste, toxins and sediment; and
2. Minimize adverse impacts to surface water and groundwater flow, and to the chemical, physical, and biological characteristics of critical areas.
BMPs are defined by the State of Washington Department of Agriculture, Washington State Department of Ecology, Washington State Department of Health, Kitsap Conservation District, and other professional organizations.
“Registered agricultural lands” means lands that are either taxed as open space agricultural land, lands for which a farm plan is on file with the city or lands for which the operator has filed a letter with the city that states that the operation will be conducted in compliance with best management practice. (Ord. 98-20 § 14, 1998)

The city declares that an agricultural operation in conformance with agricultural best management practices is not a public or private nuisance,
No agricultural operation or any of its appurtenances will be considered by the city to be or become a nuisance, private or public, by any changes in or on the surrounding land; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the unlawful operation of any such agricultural operation or its appurtenances. (Ord. 98-20 § 14, 1998)

All plats, development permits, and building permits issued for development activities on or within 300 feet of lands registered as agricultural lands and open space will contain a notice that the subject property is within or near agricultural lands on which a variety of commercial activities may occur that are not compatible with residential development.
All subdivisions, plats and PUDs shall provide an adequate buffer and/or cluster development from agricultural operations. (Ord. 98-20 § 14, 1998)

Agricultural. The purpose of agriculture 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. All agricultural uses are subject to compliance with the critical area regulations in Chapter 16.20 BIMC. To the extent possible, agriculture shall be treated as a preferred use in the zones in which it is a permitted use.

Agriculture, Animal.

Maximum Animal Densities. The following maximum animal densities shall apply to all agricultural uses, unless the city, its designee, or a qualified third party as approved by the director approves a farm management plan permitting a higher animal density.

Table 18.09.030: Maximum Animal Densities

Regardless of whether a use is allowed as a permitted (“P”) use or as a conditional (“C”) use and regardless of the zoning district in which the use is located there may be additional standards that are applicable to the use, and the use must comply with such standards except as authorized by this code. The existence of these use specific standards is noted in the column headed “Use Specific Standards” in Table 18.09.020, which cross-references the section of the code that imposes the additional standard

Agricultural. The purpose of agriculture 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. All agricultural uses are subject to compliance with the critical area regulations in Chapter 16.20 BIMC. To the extent possible, agriculture shall be treated as a preferred use in the zones in which it is a permitted use.

Agriculture, Animal.

Maximum Animal Densities. The following maximum animal densities shall apply to all agricultural uses, unless the city, its designee, or a qualified third party as approved by the director approves a farm management plan permitting a higher animal density.

Maximum Animal Densities
	Large Livestock	Small Livestock	Poultry
Minimum Parcel Size	20,000 sq.ft	NA	NA
Maximum number if the management standards in subsection A.1.b of this section are not met	1 per 2 gross acres of open space available for grazing and pasturing of the animals [2]	1 per gross acre of open space available for grazing and pasturing of the animals [2]	20 per gross acre of land
Maximum number if the management standards in subsection A.1.b of this section are met	3 per gross acre of open space available for grazing and pasturing of the animals [2]	5 per gross acre of open space available for grazing and pasturing of the animals [2]	50 per gross acre of land

16.20

16.12

Management Standards. All agricultural facilities must comply with applicable governmental standards and guidelines, including those established by the U.S. Department of Agriculture, the U.S. Environmental Protection Agency, the Washington State Department of Ecology, and the Kitsap County health district.
1. Compliance with Stormwater Regulations. All agricultural uses shall comply with those stormwater regulations in Chapter 15.20 BIMC.
2. Access to Streams. Large livestock access to streams and their buffers is limited to stream crossing and water points that comply with Kitsap Conservation District specifications. Fencing must be used, as necessary, to prevent livestock access to streams except at those defined points. Bridges may be used instead of stream crossings; provided, that piers and abutments are not placed waterward of the ordinary high water mark or top of bank, whichever is greater. Bridges and fences must be designed to allow free flow of floodwaters and must not diminish the flood carrying capacity of the stream. A hydraulic project approval permit through the Washington State Department of Fish and Wildlife may be required.
3. Grazing Areas. Grazing areas may extend to the property line except as noted in this subsection A.1.b. Grazing areas shall maintain a vegetative buffer from any wetland or from Type F and N streams pursuant to Chapter 16.20 BIMC.
4. Accessory Buildings and Heavy Use Areas. The property may contain a heavy use area and/or accessory building subject to the following conditions. No heavy use area and no accessory building or structure used to house, confine, or feed livestock other than swine shall be located (A) closer than 25 feet to any boundary property line (not including internal property lines under same ownership) or (B) closer than 35 feet to any residence on adjacent property that is existing when the accessory building or structure is built or the heavy use area is established. No heavy use area and no accessory building or structure used to house, confine, or feed swine shall be located (A) closer than 50 feet to any boundary property line (not including internal property lines under same ownership), or (B) closer than 100 feet to any residence on adjacent property that is existing when the accessory building or structure is built or the heavy use area is established. Those minimum setbacks can be reduced if the applicant establishes and maintains a hedgerow planting that complies with the standards in the Natural Conservation Resource Service’s Conservation Practice Standard on Hedgerow Planting (Code 422, March 2008), which will be included or cross-referenced in the administrative manual. If a conflict exists between the city and a property owner regarding where the boundaries of a heavy use area are defined, a third party, mutually agreed on by the city and the landowner, can be utilized to help define the boundaries.
5. Manure Management. Management of manure shall follow Kitsap County health district requirements. Manure shall be stored in locations that (A) avoid having runoff from the manure enter streams or wetlands, and (B) maintain the required buffers listed in Chapter 16.20 BIMC (Critical Areas). Surface flows and roof runoff shall be diverted away from manure storage areas.
6. Egg-Laying Facility. All egg-laying facilities must comply with all applicable governmental standards and guidelines, including those established by the U.S. Department of Agriculture, the U.S. Environmental Protection Agency, the Washington State Department of Ecology, and the Kitsap County health district, including without limitation those addressing treatment of wastes, water discharge, odor control, and setbacks from natural features and surrounding properties.
Farm Management Plan. Variations from the limits on maximum numbers of large or small livestock or poultry set forth in subsection A.1.a of this section, or from the management standards in subsection A.1.b of this section, are only permitted through the approval of a farm management plan approved by the city, its designee, or a qualified third party as approved by the director.

Agriculture, Crop. Annual and perennial crops from plants, bushes and trees are permitted subject to compliance with all applicable state and federal laws and best management practices, including practices established by the U.S. Department of Agriculture, published or endorsed by the city or its designee.
Agricultural Research Facility. An agricultural research facility shall be processed through a minor or major nonagricultural conditional use permit, depending on the scope of the project.
Agricultural Processing. In the B/I district, agricultural processing is a permitted (“P”) use, unless the business will be primarily out-of-doors. If primarily out-of-doors, then agricultural processing is a conditional (“C”) use in the B/I district.