§ 21.21A.020. Urban agriculture.

A.

Urban agriculture uses are described and permitted according to expected compatibility with other urban uses. It is expected that urban agriculture will be located on a single-family residential lot with space to adequately accommodate the use. However, a multifamily lot may accommodate an urban agricultural activity if all of the following requirements are satisfied:

1.

The use is approved in writing by the owner of the building(s);

2.

Land area is assigned in writing by the owner of the building(s) to accommodate the planned urban agricultural activity;

3.

Area assigned to accommodate the urban agricultural activity meets applicable thresholds of this title to adequately accommodate the use;

4.

The intent of this section to provide an urban agricultural opportunity while adequately mitigating impacts to neighbors can be fully satisfied;

5.

The director determines the use is appropriate to the context of the multifamily complex given assigned area and design.

B.

Urban agriculture and small farm animals are allowed on single family residential lots less than one acre in size. The following agricultural activity is allowed as an accessory use to a single family residence:

1.

All horticultural activity for personal use and incidental sales or distribution on site and off site at a farmers market or approved retail area; provided commercial sales may be accommodated subject to the 2013 Washington State Retail Food Code Chapter 246-215 WAC and requirements of a home occupation pursuant to Chapter 21.69 TCC.

2.

Limited animal husbandry of small farm animals for personal use; provided commercial sales may be accommodated subject to the 2013 Washington State Retail Food Code Chapter 246-215 WAC and requirements of a home occupation pursuant to Chapter 21.69 TCC. This activity shall be limited to the following:

a.

Domestic fowl and rabbits:

i.

The maximum number of all fowl permitted accessory to a single-family residential home on an urban lot shall be one per one thousand square feet of lot area, up to twenty per half acre.

ii.

Roosters over twelve weeks of age, geese, and peacocks are prohibited.

iii.

Rabbits with a minimum three and one-half square feet of hutch space per rabbit up to a maximum of two dozen rabbits per property.

iv.

Structures housing domestic fowl or rabbits must be located and designed as follows:

(a)

Located a minimum of ten feet away from property lines.

(b)

Designed to prevent rodents by incorporation of one of the following:

•

Raising the floor area a minimum of eight inches above grade.

•

Portable pens moved every few days with cleanup of ground.

•

Other techniques that have similar results.

b.

Miniature goats commonly known as pygmy, dwarf and miniature goats provided:

i.

Male miniature goats are neutered.

ii.

Lots accommodating miniature goats must be a minimum of seven thousand five hundred square feet. Lots between seven thousand five hundred square feet and one quarter acre (ten thousand eight hundred ninety square feet) in size are allowed up to two miniature goats. Lots between one-quarter acre and one acre are allowed up to four miniature goats. Lots greater than one acre are allowed one additional miniature goat for every additional one thousand square feet of lot area beyond one acre, up to six miniature goats. Nursing offspring of miniature goats may be kept until weaned, no longer than twelve weeks from birth.

iii.

Suitable sanitary enclosures must be provided that are easily accessed and cleaned. Structures housing miniature goats must be located a minimum of ten feet away from property lines and follow best management practices, including:

(a)

Designed to protect from weather and predators and to prevent rodents.

(b)

Confined within a suitable fenced area, large enough for appropriate exercise.

c.

Beekeeping is allowed outright as an accessory use, when registered with the State Department of Agriculture according to provisions of RCW 15.60.021, provided that:

i.

Beekeeping may include honey bees, mason bees, cutter bees, cavity nesting bees or similar bees used for honey or pollination purposes.

ii.

A maximum of four hives, each with only one swarm, are allowed on lots of less than ten thousand square feet.

iii.

Hives shall not be located within twenty-five feet of any lot line, provided this distance may be reduced to ten feet if strategies are employed to require bees to gain elevation before crossing the property line. This may include elevation changes of eight feet or more above the grade immediately adjacent to the grade of the lot on which the hives are located or behind a solid fence or hedge six feet high parallel to any lot line within twenty-five feet of a hive and extending at least twenty feet beyond the hive in both directions.

d.

Miniature Potbelly Pigs. The type of swine commonly known as the Vietnamese, Chinese, or Asian Potbelly Pig (Sus scrofa bittatus). One miniature potbelly pig per dwelling unit may be kept, provided that no swine is greater than twenty-two inches in height at the shoulder or more than one hundred fifty pounds in weight.

e.

Suitable sanitary enclosures must be provided that are easily accessed and cleaned and must be designed to protect animals from weather and predators. Droppings from animals shall be removed and properly disposed of as needed to prevent accumulation and to avoid a health or sanitation problem. Animals shall be confined within a suitably fenced area large enough for appropriate exercise.

3.

Other poultry and animals, greater numbers, or agricultural uses not specified may be allowed by the director upon finding that the species, number of animals, or activity can reasonably be accommodated without impacts to adjacent properties. Limitations shall be applied as considered appropriate to mitigate potential impacts. Approval under this provision shall be at the sole discretion of the director based upon written findings articulating the intent of this chapter.

4.

Cows, horses, sheep, non-miniature goats, swine (other than potbelly pigs), and other similar large farm animals are not allowed as an accessory use on lots less than one acre in size.

5.

All agricultural activities must comply with Article VI — Rules and Regulations of the Thurston County Board of Health Governing Nonpoint Source Pollution. Agricultural uses shall employ best management practices (BMPs), such as may be included in a Conservation Plan developed by the Thurston Conservation District or in the Drainage Design and Erosion Control Manual for Thurston County (2009), as amended.

C.

Urban agriculture and farm animals are allowed on single family residential lots greater than one acre in size. The following urban agricultural activity is permitted as an accessory use to a single family residence:

1.

All uses permitted under subsection B of this section according to ratios, conditions and restrictions therein.

2.

On lots or parcels of one acre or more, livestock or large farm animals may be kept; provided, that the number of head of livestock shall not exceed one for each half acre of lot area; and further that barns or other structures for the housing or sheltering thereof be set back not less than thirty-five feet from all property lines. Animals shall be confined within a suitably fenced area large enough for appropriate exercise.

D.

Urban Agricultural Activity on a Nonresidential Lot. As an accessory use or transitional use, the following urban agricultural activities may be permitted:

1.

All uses permitted under subsection B of this section according to the ratios, conditions and restrictions therein.

E.

Community/Communal Urban Agricultural Activities. Permitted according to the following descriptions and restrictions:

1.

Horticulture may include all horticultural activity organized in the form of communal farming arrangements on property used in common for these purposes or where small lots or back yards have raised beds or segregated plots for lease for gardening activity. This may include activities such as community pea patches, community garden plots, shared garden plots, publicly owned garden plots for community use, gardens owned and operated by nonprofit organizations, homeowners associations and religious organizations for use by members or community groups, yard area with segregated raised garden beds developed by an owner for lease and other similar activities. Said activity shall be subject to the following requirements:

a.

All horticultural activities taking place on a lot or portions of a lot that is less than two acres shall be reviewed by the department as follows:

i.

If considered necessary to ensure compatibility with adjacent land use, a site plan review may be required. Such determination shall be at the sole discretion of the director.

b.

All urban agricultural activities taking place on a lot or portions of a lot more than two acres in size shall require a site plan review approval.

c.

Produce in excess of member needs may be provided on or off site to individual community members in need, food banks, religious organizations and other nonprofits for distribution to the public. On-site distribution must not result in adverse impacts to the neighborhood area as a result of signage, traffic or other related activity. Determinations regarding impact of on-site retail activity and mitigation requirements will be up to the sole discretion and determination of the director.

d.

Incidental sales of produce in excess of member needs may occur on site, at local farmers markets or at approved commercial sites. On-site retail sales must not result in adverse impacts to the neighborhood area as a result of signage, traffic or other related activity. Determinations regarding impact of on-site retail activity and mitigation requirements will be up to the sole discretion and determination of the director.

e.

Animal husbandry is limited to those activities permitted with requirements as specified in subsection B.2 of this section with the following additional considerations and requirements:

i.

Such activity must take place as a secondary and incidental use in conjunction with community urban farming horticultural activities.

ii.

"Personal use" in the context of community urban agricultural use shall include all members of the group participating in the urban agricultural activity.

F.

Commercial urban agricultural use in Lacey and its growth area is generally farming activity that existed at the time Lacey's first GMA Plan was adopted. Most areas with small commercial farm activity were zoned Agricultural District to provide for continuation of these activities in a zone designed to accommodate this use. Future provision may be made for small commercial farms in other zoning designations under criteria necessary to ensure compatibility. This concept is reserved for future consideration.

Agricultural District regulations are located in Chapter 21.21 TCC.

G.

Existing and ongoing agricultural activities in operation on June 7, 2016 (adoption date of the ordinance from which this chapter derives) may continue, as per Chapter [Section] 17.15.200 TCC, for the existence of the farm operation on the property in question.

(Ord. No. 15304, § 2(Att. A), 6-7-2016)