Marysville City Zoning Code

Establishing authority to adopt property-specific development standards for increasing minimum requirements of this code on individual sites; and

Establishing the small farms overlay zone with alternative standards for special areas designated by the comprehensive plan or neighborhood plans.

This chapter authorizes the city of Marysville to increase development standards or limit uses on specific properties beyond the general requirements of this code through property-specific development standards, and to carry out comprehensive plan policies through special districts and overlay zones which supplement or modify standard zones through different uses, design or density standards or review processes.

The small farms overlay zone shall be applied to specific properties or areas containing several properties through the rezone criteria as provided in MMC § 22G.010.440.

Designation of a small farms overlay zone shall include policies that prescribe the purposes and location of the overlay;

A small farms overlay zone shall be indicated on the zoning map with the suffix "-SF" following the map symbol of the underlying zone or zones;

The small farms overlay zone may expand the range of permitted uses and development standards established by this code for any use or underlying zone; and

Unless they are specifically modified by the provisions of this chapter, the standard requirements of this code and other city ordinances and regulations govern all development and land uses within the small farms overlay zones.

Horticulture.

Floriculture.

Viticulture.

Animal husbandry.

Production of seed, hay and silage.

Christmas tree farming.

Aquaculture.

Roadside stands, subject to the following standards:

One single-family residence or middle housing building per lot shall be allowed pursuant to MMC § 22C.010.060 and § 22C.010.080, together with accessory structures and uses.

The minimum lot size shall be 100,000 square feet (2.3 acres). Smaller tracts shall be permitted if such tracts were in existence and in agricultural use on, or before, enactment of Ordinance 2131 (June 9, 1992).

The use of the property is an existing and ongoing agricultural activity, as defined in MMC § 22A.020.060, or, in the case of a new small farm larger than 2.3 acres, the property will be used for such agricultural activity.

The applicant pays a registration fee of $50.00.

The property owner provides the legal description and street address of the subject property.

In the case of new small farms, the applicant shall submit a site plan which includes the following additional information:

All agricultural activities, when conducted consistent with good agricultural practices, are declared to be a permitted activity within the small farms overlay zone, notwithstanding any other section of this code. Agricultural activities undertaken in conformity with all applicable laws and rules are presumed to be good agricultural practices not adversely affecting the public health and safety.

Farm machinery and livestock animal noises emanating from a farm granted the small farms overlay shall be exempt from the city's noise code, Chapter 6.76 MMC.

New subdivisions located adjacent to tracts granted the small farms overlay shall provide a six-foot-high, sight-obscuring chain-link fence along the property line, unless the developer demonstrates by clear and convincing evidence that a different barrier would be as adequate to protect the small farm. The following alternative methods of sight-obscuring screening may be utilized, but shall not be limited to:

Subject to subsections (2) and (3) of this section, the following shall constitute the disclosure required by this section for new small farms, development permits, building permits and transfers of real property within the small farms overlay zone:

Prior to the closing of a transfer of real property within the small farms overlay zone, or real property adjacent to or within 300 feet of the small farms overlay zone, by deed, exchange, gift, real estate contract, lease with option to purchase, option to purchase, or any other means of transfer or conveyance (except transfers made by testamentary provisions or the laws of descent), the transferor shall provide the transferee a copy of the disclosure text in this section and shall record with the county auditor a copy of the same showing an acknowledgment of receipt executed by the transferee in a form prescribed by the community development director. The form of the acknowledged disclosure text shall include a statement that the disclosure notice applies to the subject real property as of the date of the transfer and may not be applicable thereafter if the small farms overlay designation is removed.

Development permits and building permits for land within the small farms overlay zone or land adjacent to or within 300 feet of land within the small farms overlay zone shall include the disclosure text in this section on the final development or building permit in a location determined by the community development director. Said disclosure notice shall apply to the real property which is subject to the development or building permit as of the date of development or building permit approval and may not be applicable thereafter if areas designated with the small farms overlay zone are removed from said designation.

All appeals of decisions relating to the small farms overlay zone shall be made to the hearing examiner. Such appeals must be made in writing and filed with the community development department within 14 calendar days from the date on which the decision was rendered.

The written appeal shall include a detailed explanation stating the reason for the appeal. The decision of the hearing examiner shall constitute a recommendation to the city council, pursuant to MMC § 22G.060.130.

Standing to appeal is limited to the following: