HomeMy WebLinkAboutord1993-07397HATCOM COUNTY COUNCIL AGENDA BILL
NO. 93 -392
CLEARANCES
Initial
Date
Date Received in Council Office:
Agenda date
Assigned to:
Originator.Planning
10/12/93
P &D /Council Discussion
I'-
rision Head:
Dept. Head:
10/26/93
Council Intro
11/9/93
P &D /Council
Prosecutor.
Purchasing/Budget:
Executive:
SUBJECT.'
An ordinance amending the WC Right to Farm Ordinance, Title 14, and WCC 9.40 and WCC 9.44 to
prohibit agricultural operations from being considered nuisance, a disorderly house or a breach of peace.
ATTACRMEMS:
Ordinance
SUMMARY STATEMENT.- Please complete sections of box as appropriate & explain the item below.
Related County contract #:
Should Clerk schedule a hearing? NO x YES Requested date:
Amount budgeted for this item /project: $
Is it or will it be within budget? YES NO Please explain below
Budget line item number(s): ,
It is the purpose and intent of this ordinance to reduce the loss to the county of its agricultural resources by
Ming the circumstances under which agricultural operations may be considered a nuisance. It would also
1,.,,hibit an agricultural operation from being considered a disorderly house or a breach of peace.
ORIGINATOR'S RECOMMENDED ACTION.•
Pass
COMMITTEE ACTION TAKEN:
COUNCIL ACTION TAKEN
10/12/93: 'Discussion
10/26/93: Introduced
11/9/93: Council adopted the ordinance. 7 -0.
Related File Numbers: AB92 -098, AB92 -099, Ordinance or Resolution Number (this item only): Ord 93 -073
AB93 -261
RIGHT TO FARM
SPONSORED BY: Consent
PROPOSED BY: Planning
INTRODUCTION DATE: 10/26/93
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2 ORDINANCE NO. 93 -073
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4 AN ORDINANCE AMENDING THE WHATCOM COUNTY RIGHT TO FARM
5 ORDINANCE, TITLE 14, AND WCC 9.40 AND WCC 9.44 TO PROHIBIT
6 AGRICULTURAL OPERATIONS FROM BEING CONSIDERED NUISANCE, A
7 DISORDERLY HOUSE OR A BREACH OF PEACE.
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10 WHEREAS, Whatcom County has a long standing commitment to maintaining a viable
11. agricultural base as evidenced by a history of planning and zoning for agricultural land use; and
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13 WHEREAS, Whatcom County adopted a RIGHT TO FARM. ordinance (Ordinance # 92-
14 015) in 1992 as part of adoption of an interim Agricultural Resource Land Comprehensive Plan
15 under the Requirements of the Washington Growth Management Act; and
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17 WHEREAS, when the RIGHT TO FARM text proposal was originally drafted, it included
.provisions to prevent agriculture from being considered a public nuisance; and
20 WHEREAS, the Whatcom County Prosecutor's Office advised staff at that time that
21 since the County had no nuisance statute, the proposal made no sense; and
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23 WHEREAS, the Planning Department Staff deleted the nuisance provisions from the
24 proposal before it was considered by the County Council; and
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26 WHEREAS, it has been brought to the attention of the County Council that noise
27 complaints against agricultural operators are being responded to by the Whatcom County
28 Sheriffs Office pursuant to Whatcom County Codes 9.40, DISORDERLY HOUSE and 9.44,
29 BREACH OF PEACE; and
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31 WHEREAS, the attached revisions to WCC Title 14, RIGHT TO FARM Ordinance; WCC
32 9.40, DISORDERLY HOUSE; and WCC 9.44, BREACH OF PEACE reinstate the nuisance
33 language originally proposed by the Planning Department Staff with references to County
34 nuisance statues deleted and additional language added to prohibit agricultural operations from
35 being considered a nuisance, DISORDERLY HOUSE or a BREACH OF PEACE, pursuant to
36 County laws.
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38 WHEREAS,
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40 Section 1. The Official Whatcom County RIGHT TO FARM ORDINANCE, TITLE 14, is
41 hereby amended by adding a new section WCC 14.010(3) and renumbering the previous
Section 14.010(3) to 14.010(4); and adding a new section WCC 14.030 and renumbering the
RIGHT TO FARM
previous Section 14.030 to 14.040 to prohibit agricultural operations from being considered a
nuisance, a DISORDERLY HOUSE or a BREACH OF PEACE, pursuant to County laws.
Section 2. WCC 9.40, DISORDERLY HOUSE is hereby amended by inserting a new
section 9.040.020 to prohibit agricultural operations from being considered a disorderly house;
and renumbering subsequent sections.
Section 3. WCC 9.44, BREACH OF PEACE is_.hereby amended by adding a new
section 9.040.020 to prohibit agricultural operations from being considered a breach of peace;
and renumbering subsequent sections.
Section 4. Adjudication of invalidity of any of the sections, clauses, or provisions of this
Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof
other than the part so declared to be invalid.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
'Amend WCC Title 14 as per Exhibit "A ", attached
**Amend WCC 9.40 as per Exhibit "B ", attached
* *Amend WCC 9.44 as per Exhibit "C ", attached
ADOPTED this 9th day ofNovember1993.
ATTEST:
Ramona Reeves, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Margar M. Laidlaw, Chair
APPROVED as to form & content: (+Approved () Denied
Karen Frakes
Civil Deputy Prosecutor Attorney
Shirley Vaif Zanten ecutive
Date: 11-30-23
RIGHT TO FARM
EXHIBIT "A"
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4 WHATCOM COUNTY
5 RIGHT TO FARM ORDINANCE
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8 14. .010 Policy and Purposes.
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10 (1) (a) It is the declared policy of this County to promote farm operations and to inform
11 residents of the County's support for the right to farm.
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13 (b) State planning goals encourage the conservation of productive agricultural lands
14 and discourage incompatible uses. Land uses adjacent to farm lands should not
15 interfere with farm operations.
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17 (2) The purpose of this ordinance is to promote a good neighbor policy between agricultural
18 and non - agricultural property owners by requiring notice to purchasers and users of
19 property adjacent to or near farm operations of the inherent potential problems
20 associated with such purchase or use, including but not limited to the NOISES, ODORS,
21 DUST, CHEMICALS, SMOKE, AND HOURS OF OPERATIONS that may accompany
22 farm operations. Through mandatory disclosures purchasers and users will better
23 understand the consequences of living near agricultural operations and be prepared to
24 accept attendant conditions as the natural result of living in or near rural areas.
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(3)
Where non - agricultural_ land uses extend into agricultural areas or exist side by side.
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agricultural operations are frequently the subjects of nuisance complaints and on
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occasion have been forced to cease or curtail operations. Such nuisance complaints
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discourage investments in farm improvements to the detriment of adjacent agricultural
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uses and the economic viability of the county's agricultural industry as a whole. It is the
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purpose and intent of this ordinance to reduce the loss to the county of its agricultural
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resources by limiting the circumstances under which agricultural operations may be
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considered a nuisance. This ordinance is not to be construed as in any way modifying
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or abridging County. State, or Federal laws; rather it is only to be utilized in the
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interpretation and enforcement of the provisions of this code and County regulations.
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(34)
An additional purpose of this ordinance is to facilitate the unhampered continuation of
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legal and customary operations associated with farm operations.
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14.
.020 Definitions.
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(1)
Discretionary Development Permits - Permit applications requiring discretionary review,
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including but not limited to subdivision permits, binding site plan approvals, planned unit
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developments, special. use permits, variances, shoreline substantial development
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permits, and conditional use permits.
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(2)
"Farm" means that land, buildings and machinery used in the commercial production of
A8
farm products.
RIGHT TO FARM
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(3)
"Farm Operations" means condition or activity which occurs on a farm in connection with
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the commercial production of land based farm products, and includes but is not limited
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to: market produce at roadside stands or farm markets: preparation for market, delivery
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to storage or to market, or to carriers for transportation to market; transportation of
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equipment; storage and application of manure; noise, dust, fumes, odors, flies, operation
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of machinery and irrigation pumps; ground and aerial seeding or spraying; the
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application of chemical and organic fertilizers, conditioners, insecticides, pesticides and
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herbicides and associated drift of such materials; and the employment and use of labor.
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(4)
"Farm Products" means those land based plants and an.imais useful to human beings,
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and including, but not limited to: forage and sod crops, grains and feed crops, dairy and
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dairy products, livestock - including breeding and grazing, fruits, vegetables, flower .
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seeds, grasses, trees, fish, apiaries and horticultural products, or any other product
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which incorporates the use of food, feed and fiber, or fur.
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(5)
"Good Management Practices" means current, economically feasible,. management
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practices available as defined by the American Society of Agronomy, the United States
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Department of Agriculture Soil Conservation Service, the Washington State University
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Cooperative Extension Service in Whatcom County, and other land based professional
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or industrial agricultural organizations.
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(6)
"Person" means an individual, corporation, partnership, association, or other legal
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entity.
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14.
.030 Nuisance, Disorderly House, Breach of Peace.
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No land based farm operation, facility or appurtenances thereof, regardless of
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past or future changes in the surrounding area's land use or zoning designation,
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conducted or maintained for commercial purposes, and in a manner consistent
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_with current good management practices not superseding local, State, or
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Federal regulations shall be or become a nuisance or a DISORDERLY HOUSE
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as defined in Whatcom County Code 9.40 or a BREACH OF PEACE, as defined
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in Whatcom County Code WCC 9.44.
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14.
.034_0 Disclosure.
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(1)
The statement set forth in subsection (2) ( "Disclosure ") shall be used under the
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following circumstances and in the following manners:
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(a) Upon the conveyance of a fee interest in real property THE SELLER SHALL
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REQUIRE THAT DISCLOSURE STATEMENT AS SET FORTH IN
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SUBSECTION (2) be signed by the purchaser and recorded in the County
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Auditor's office in conjunction with the deed conveying the real property when
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one of the following conditions are met:
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(1) that the real property is within one -half mile of real property upon which
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farm operations are conducted
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RIGHT TO FARM
(2) the real property is within the area designated as AGRICULTURE on the
map or maps comprising the Whatcom County Comprehensive Plan.
(3) the real property is within one -half mile of the area designated as
AGRICULTURE on the map or maps comprising the Whatcom County
Comprehensive Plan.
(b) Upon the issuance of a discretionary development permit for land on or within
one -half mile of the area designated as AGRICULTURE on the map or maps
comprising the Whatcom County Comprehensive Plan or within one -half mile of
land upon which agricultural operations are being conducted, the discretionary
development- permit shall include a condition that the owners of the property
shall be required to sign a statement of acknowledgement containing the
Disclosure (2) on forms provided by Whatcom County, which form shall then be
recorded in the County Auditor's Office.
(c) All building permits and discretionary development permits for land on or within
one -half mile of the area designated as AGRICULTURE on the map or maps
comprising the Whatcom County Comprehensive Plan or within one half mile of
land upon which agricultural operations are being conducted shall contain a
notice of Disclosure (2).
(2) The following shall constitute the disclosure required by this section:
The subject property is within or near designated AGRICULTURE lands on
which a variety of commercial activities may occur that are not compatible with
residential development for certain periods of limited duration. You may be
subject to inconveniences or discomforts arising from such. operations,
INCLUDING BUT NOT LIMITED TO NOISE, ODORS, FLIES, FUMES, DUST,
SMOKE, THE OPERATION OF MACHINERY OF ANY KIND DURING ANY 24
HOUR PERIOD (INCLUDING AIRCRAFT), THE STORAGE AND Pl�. 9
APPLICATION OF MANURE, AND THE APPLICATION BY SPRAYING OR
OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS,
HERBICIDES AND PESTICIDES. Whatcom County has determined thatthe use
of real property for agricultural operations is a high priority and favored use and
will not consider to be a nuisance those inconveniences or discomforts arising
from farm operations, if such operations are consistent with commonly accepted
good management practices and otherwise comply with local, state, and federal
laws.
14. .040 Hold Harmless.
All discretionary development permits for land on or within one -half mile of the area
designated as AGRICULTURE on the map or maps comprising the Whatcorn County
Comprehensive Plan or within one -half mile of land upon which farm operations are
being conducted shall contain an agreement that the developer and any subsequent
purchaser or successors in interest shall agree to refrain from any legal action to
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RIGHT TO FARM
restrain or collect damages from the owners of such adjacent properties, or from
Whatcom County, arising out of any reasonable and lawful activity on said agricultural
lands which occurs in the normal course of their established use. The agreement shall
appear as a covenant or deed restriction upon subject property, or the plat and each lot
thereof, and shall run with the land. Said covenant or deed restriction may be removed
by submission to and approval by the Whatcom County Hearing Examiner, of a petition
representing a majority of the land owned by property owners within one -half mile of the
plat boundary. However, the Hearing Examiner shall remove the restriction only upon
finding that the risk of liability to Whatcom County or the previously existing agricultural
OPERATION will not be increased thereby. t.
14. .050 Codification.
WCC 14.010 through 14.040 shall be codified to add to or replace appropriate sections
of Title 20 of the Whatcom County Code, also referred to as the Official Whatcom
County Zoning Ordinance and to add to or replace appropriate sections of Title 21 of
the Whatcom County Code, also referred to as the Whatcom County Subdivision
Regulations.
14. .060 Severability.
If any section, sub�cf on, sentence, clause or phrase of this ordinance is for any
reason held to be invalid or unconstitutional by the decision of a court of competent
jurisdiction, it shall not affect the remaining portions of the ordinance.
RIGHT TO FARM
EXHIBIT "B"
Chapter 9.40
DISORDERLY HOUSE
9.040.020 For the purposes of enforcing this chapter, farm operations as defined in WCC
14.020 shall not be considered to be a disorderly house.
RIGHT TO FARM
EXHIBIT "C"
Chapter 9.44
BREACH OF PEACE
9:044.020 For the purposes of enforcing this chapter, farm operations as defined in WCC_
14.020 shall not be considered to be a breach of peace.