ORD 2004-11 YEAR AROUND RETAIL SALES OF ISLAND GROWN CROPS
ORDINANCE 2004-11
AN ORDINANCE of the City of Bainbridge Island,
Washington, amending the City of Bainbridge Island
Municipal Code 18.06, and 18.99, to allow for the year
around retail sales of island grown crops, value added
products and agricultural tourism as an accessory use in
zoning districts where agriculture is a permitted and
prefened use.
WHEREAS, the City Comprehensive Plan Land Use Element Goals 1 and 3 Policies AG
3.5 and AG 3.8 and Economic Element Policies E 1.3 and E lA state a desire to conserve
and protect island agricultura11and and to retain and enhance farming as part of a diverse
local economy; and
WHEREAS, the City adopted the Municipal Code on September 1,1994, (and
subsequently amended), that established the procedures for the seasonal retail sales of
agricultural products during harvest; and
WHEREAS, island fanners did identify year-around retail sales as an important tool to
preserve island agricultural; and inform the City Council; and
WHEREAS, the City Council wishes to amend the seasonal restriction on agricultural
retail sales and establish a process to allow for year-around agricultural retail sales; and
WHEREAS, the Notice ofTntent to Adopt was sent to the Washington State Office of
Community Development on May 23,2004; Now, therefore
Section 1 18.99 is hereby amended as follows:
18.99.030 Acct::ssory uses to agriculture.
The following are accessory uses to agriculture:
A. Processing agricultural products produced on the Island. Certain zones may permit
agriculture but only allow processing as a conditional use.
B. Storage of heavy equipment used for agricultural purposes.
C. A produce stand and consequent seasonal agricultural retail sales f€lr tlH~ sal@ of
products grown or livestock raised primarily on the island, is allowed €i~ring kar."@8t
~.
D. Retail sales, in R-OA, R-l and R-2 zoning districts, of crops grown, or livestock
raised primarily on the island, or value added products made from those crops or
livestock or agricultural-tourism associated with the growing of crops or raising of
livestock, or incidental associated agricultural products, that meets the criteria found
in 18.99.040, are allowed year-round.
Section 2. 18.06 Definitions is hereby amended to add the following:
18.06.065 Agricultural Retail The sale o.f craps graVl'll ar lives tack raised hy afarmer
ar value added praducts made fram crops grmvn ar lives tack raised hy the farmer.
agricultural-taurism, and incidental assaciated agricultural praducts saId an-site where
agricultural crops ar lives tack arc grawn ar raised that is subardinate to' the actual
agriculture an site.
18.06.871 Agricultural Retail Plan, A dacument,filed with the City, which cantains
infarmatian an agricultural activity accurring at a specific lacatian. D(fferentfram, but
may be supplemented hy, Trust far Warking Landscapes ar Kitsap Caunt-v Canservatian
District Farm Plans.
18.06.072 Agricultural-tourism Agricultural(v related access01:V uses, that are
subardinate to' the grawing af craps 0'1' the raising af livestack, designed to' bring the
public to' the farm an a temparary 0'1' cantinuaus basis, such as U-pick farm sales, retail
sales af fann praducts, farm mazes, pumpkin patches, farm animal viewing and petting,
wagan rides, farmland andfacilit-v taurs, harticulture nurseries and assaciated display
gardens, cider pressing, classes 0'1' warkshaps, wine 0'1' cheese tasting, ect.
18.06.567 Associated Products and/or Activity A required agricultural input, praduct
0'1' activit-v related to' the primm:v crap, praduct ar activit-v.
18.06.259 Defining Ingredient The part ar campanent that describes the
distinguishing characteristic o.f a praduct.
18.06.830 Preferred Use Favared chaice, pramated 0'1' advanced in same wa)'. An
activit-v ident(fied as a priarity amang the passible uses.
18.06.833 Primarily Island Grown Far the purpases af an-site, year-araund
agricultural retail the term shall mean that the majarity (75%. based an the value) afthe
crops and value added praducts being saId are grawn an the island.
18.06.839 Public Benefit, Agricultural An ecanamic, sacial, nutritianal,
environmental ar aesthetic effects gained h.v individuals and/ar the cammunit-v fram the
existence af agricultural activity in the cammunit-v.
18.06.850 Seasonal Agricultural Sales Agricultural retail sales af farm praducts
accurring during a time in a calendar year when the crap being saId is actualZv heing
harvested lasting 12 'vveeks 0'1' less.
18.06.853 Special Event Activities that are desireable but unrelated to' agriculture,
such as weddings, that are held an farmland.
18.06.855 Subordinate Retail Activity Secandmy, to' be less than, to' utilize a smaller
partian af land and/ar less time than is devated to' the agricultural activity an site.
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18.06.630 Year-Around Agricultural Retail Sales Any agricultural retail sales
extending be,vond seasonal agricultural sales.
18.06.660 Value Added Products Goods producedji-ol71 harvested crops with the
defining or distinguishing ingredient being grmvn by the producer.
Section 3. 18.99 is amended to add the fol1owing:
18.99.040 A2:rkultural accessory use with review
18.99.040.1 Pu~
To provide for the economic viabilty of Bainbridge Island farmers by allowing certain
year-round on-site retail activities as an accessory or administrative conditional use in
zoning districts where agriculture is an a110wed and preferred use.
18.99.040.2 Proceedure
A. Agricultural retail complying with the criteria established in BIMC 18.99.040.3 shall
be considered minor and pennitted in zones R-OA, R-l and R-2, in which agriculture is a
permitted and preferred use. An administrative review by the planning department will be
conducted within 30 days of the city's receipt of an Agricultural Retail Plan application
to detemline compliance with this chapter.
B. Agricultural Retail Plans that meet the established criteria sha11 be kept on file at the
City and the applicant shall be notified about review of the Plan, and the criteria required
by this chapter for the agricultural retail activity.
C. The Agricultural Retail Plan sha11 be updated by the applicant as necessary to reflect
current and accurate retail operation conditions.
D. Agricultural retail activity complying with the criteria established in BIMC
18.99.040.4, thresholds for major agricultural retail operations, sha11 fo11ow an
administrative conditional use pemlit process as outlined in Chapter BIMC 18.108
18.99.040.3 Criteria for minor a2:ricultural retail sales.
A. Agricultural retail in zones R-OA, R-l and R-2, sha11 meet all of the following
criteria:
1. The retail activity shall be on site(s) where crops are grown or livestock is
raised, and joint use of farmstands by multiple producers is allowed, including use
ofretail sites for pick-up of Community Supported Agricultural (CSA) deliveries.
2. The retail activity sha11 be subordinate to the agricultural activity on site.
3. Products sold shall be primarily island grown crops, value added products if
the defining ingredient was island grown, and associated products that are
incidental to the agricultural activity on the site.
4. Parking shall be provided on site that does not adversely impact sensitive areas
or water quality and accommodates the anticipated traffic volumes.
5. Noise thresholds as established in Chapter 16.16 shall not be violated.
6. Lighting shall meet the City's standards as established in Chapter 15.34.
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7. Shall be allowed up to 4 special events per year.
8. No more than:1{t 24 (round trip) retail related automobile trips per day (on
average, annually) shall be generated except that:
a. An agricultural retail operation activity within a R-OA, R-I or R-2
zoning district, that is located on a road classified as a secondary alierial
or above, and has the capacity on-site to accommodate the required
parking may generate an unlimited number of automobile trips per day for
agricultural retail activities.
9. Agricultural-tourism activities are allowed as defined in 18.06.
10. All applicapble local, county, state and/or federal requirements must be met.
18.99.040.4 Major a2:ricultural retail.
A. Major agricultural retail shall be detem1ined as follows:
1. Agricultural retail in zones R-OA, R-1 and R-2 with volumes that are located on
a roadway classified as a collector or lower, that are expected to exceed the allowed
thresholds of 36 (round-trip) trips per day average; or
2. Agricultural retail in zones R-OA, R-1 and R-2 offering more than 4 special
events on site per year.
B. All agricultural retail activity that exceeds the thresholds set in 18.99.040A shall be
considered major agricultural retail operation and shall be processed according to BIMC
18.108.020.C, an Administrative Conditional Use process.
18.95.040.5 Fees.
Fees shall be established by resolution as 2.16.060 except that property with an existing
conservation easement or a property that is currently enrolled in the Kitsap County
current use assessment program or property that has had the development rights removed
shall be exempt from fees for the agricultural retail sales review.
18.99.040.6 Time limitation.
A. AgriculturaI retail operations shall continue as long as the use continues to comply
with the criteria that were in effect at the time of original approval and as long as the
business complies with the conditions established in the Agricultural Retail Plan for the
site and with any other applicable city, county, state or federal regulations.
1. Any em-site agricultural retail activity that ceases operation for more than one
year (four consecutive seasons) shall be required to reapply.
2. Agricultural Retail Plans, for ongoing operations, may be updated at any time,
without a review fee, to reflect changes in agricultural retail operations, as long as the
proposed changes continue to meet the criteria established in 18.99.040.
18.99.040.7 Enforcement.
A. Upon notification that a violation of the required criteria may have occurred, the
director shall notify the property owner of the alleged violation and a code enforcement
investigation shall be conducted.
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B. Ifit is determined that there was a violation ofthe criteria found in 19.99.040 the
Code Enforcement Officer shall notify the owner ofthe property by certified mail of the
findings and required actions for compliance.
Section 4. 18.30.030 (R-2) Conditional Uses is amended to add the following:
18.30.030.A Agricultural processing and agricultural retail as established in BIMC
18.99.040.4.
Section 5. 18.33.030 (R-1) Conditional Uses is amended to add the following:
18.33.030.N Agricultural retail as established in BIMC 18.99.040.4.
Section 6. 18.36.030 (R-O.4) Conditional Uses is amended to add the following:
18.36.030.N A~gricultural retail as established in BIMC 18.99.040.4.
Section 7. This ordinance shall be effective five days after passage, approval and
publication as required by law.
PASSED by the City Council this 23rd day of June, 2004.
APPROVED by the Mayor this 24th day oj~June, 2004.
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ba;lene Kordonowy, Mayor
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ATTEST/AUTHENTICATE:
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S~san P. Kasper, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER: 2004-11
May 18, 2004
June 23,2004
June 30, 2004
July 5, 2004
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