AGRICULTURE CODE: PLANNING COMMISSION DRAFT
6/16/2015
AGRICULTURE CODE
Table of Contents
Purpose Statement ..................................................................................................................... 2
Applicability................................................................................................................................. 2
Definitions ................................................................................................................................... 4
Agricultural Use Standards ......................................................................................................... 7
Livestock and Dairy Management ............................................................................................ 10
Agriculture Structure Requirements ......................................................................................... 11
Wineries, Breweries, and Distilleries ........................................................................................ 14
Assembly Events ....................................................................................................................... 14
Legal Non-Conforming Agricultural Uses .................................................................................. 16
Variances ................................................................................................................................... 16
Right to Farm and Notifications ................................................................................................ 17
Violations .................................................................................................................................. 18
Kitsap County Department of Community Development
Page 1 of 18
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
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Purpose Statement
The purpose of this section is to:
1) Encourage agricultural commerce in rural Kitsap County;
2) Provide clear allowances for rural land owners to engage in agricultural uses, accessory
agricultural and agritourism uses and agricultural activities;
3) Protect and promote agriculture as an important component of the Kitsap County economy;
4) Educate visitors about Kitsap County agricultural heritage;
5) Empower farmers and other rural land owners to continue or start new businesses that
support and highlight the importance of local agriculture;
6) Provide a platform for agritourism in Kitsap County that permits visitors to experience the
value of local agricultural lands to our culture, economy, landscape and local food supply;
and
7) Encourage the conservation of lands which have the growing capacity, productivity, soil
composition, and surrounding land use to have long-term commercial significance for
agriculture and associated resource production.
Comment [DG1]:
Deleted: Legislative authority
Applicability
Primary agricultural uses and accessory agricultural uses or agritourism, as defined by this
chapter, shall be allowed in zones as indicated in Table 1: Kitsap County Agriculture Use
Permissibility. Right to farm provisions shall apply to all commercial farms, and parcels located
outside Urban Growth Areas where agricultural uses are allowed (See Right to Farm section).
17.381.010 Categories of uses established;
17.381.020 Establishment of zoning use tables;
17.381.010 Interpretation of tables;
17.381.050 Footnotes for zoning use tables; and
17.381.060 Provisions applying to special uses.
Kitsap County Department of Community Development
Page 2 of 18
Comment [DG2]:
This is meant to allow Kitsap County Animal Control
to enforce KCC Chapter 7.14.030. Public feedback
includes the request to prohibit roosters in the
UGA’s. Such a prohibition would not hold merit on
noise alone as other farm animals would create a
noise based nuisance complaint. (Example: Guinea
Hens).
(2) Animal Noise. For any person(s) to own any
animal which by its barking, howling, baying,
squealing, crowing, crying, bleating, screeching, or
making any other noise by its volume or frequency
unreasonably disturbs or interferes with the peace
of any person(s) for more than fifteen minutes in
any one-hour period of any day, and is documented
by three or more separate episodes of such noise in
a sequential seven-day period. The burden is upon
the owner of such animal(s) to maintain quiet.
Exceptions to this subsection are farm animals in
permitted zones, commercial pet facilities, animal
welfare facilities, veterinary hospitals, or grooming
parlors otherwise in compliance with the Kitsap
County Code including, but not limited to, Section
7.08.040, or those who can substantiate that such
animal noise was caused by an injury or illness of
the animal(s) or by willful trespass, torment, or
abuse of the animal(s) on its property by others.
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
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Table 1: Kitsap County Agriculture Use Permissibility
Zone Classification
Urban Restricted
Urban Low Residential
Senior Living Homestead Zone
Urban Cluster Residential
Urban Medium Residential
Urban High Residential
Illahee Greenbelt Zone
Neighborhood Commercial
Urban Village Center
Urban Town Center
Highway/Tourist Commercial
Regional Commercial
Mixed Use
Low-Intensity Commercial
Airport
Business Park
Business Center
Industrial
Manchester Village Commercial
Manchester Village Low Residential
Manchester Village Residential
Port Gamble Rural Historic Town Commercial
Port Gamble Rural Historic Town Residential
Port Gamble Rural Historic Town Waterfront
Suquamish Village Commercial
Suquamish Village Low Residential
Suquamish Village Residential
Parks
Forest Resource Lands
Mineral Resource Overlay
Rural Protection
Rural Residential
Rural Wooded
Urban Reserve
Keyport Village Commercial
Keyport Village Residential
Keyport Village Low Residential
Rural Employment Center
12 Trees Employment Center
Rural Commercial
Rural Industrial
Map
Symbol
UR
UL
SLH
UCR
UM
UH
IGZ
NC
UVC
UTC
HTC
RC
MU
LIC
A
BP
BC
IND
MVC
MVLR
MVR
RHTC
RHTR
RHTW
SVC
SVLR
SVR
P
FRL
MR
RP
RR
RW
URS
KVC
KVR
KVLR
RCO
RI
Density
Agriculture Use
Dwelling Units/Acre
KCC 17.381.040
1 – 5 du / acre
5 – 9 du / acre
5 – 9 du / acre
5 – 9 du / acre
10 – 18 du / acre
19 – 30 du / acre
1 – 4 du / acre
10 – 30 du / acre
18 du / acre
Reserved
10 – 30 du / acre
10 – 30 du / acre
10 – 30 du / acre
10 – 30 du / acre
N/A
N/A
N/A
N/A
5 du / acre
2 du / acre
4 du / acre
2.5 du / acre
2.5 du / acre
2.5 du / acre
N/A
2 du / acre
2 du / acre
N/A
1 du / 40 acres
N/A
1 du / 10 acres
1 du / 5 acres
1 du / 20 acres
1 du / 10 acres
5 du / acre
5 du / acre
2 du / acre
N/A
N/A
N/A
N/A
P (80) / X
P
P
X
P
P
P
P
X
R
P
P (84)
P
P (79) / X
X
P
P
P
X
P
P
P
P
P
P
P
P
P (79)/ X
X
P
P (7)
P (7)
P (7)
P
X
P
P
P
X
P
P
Kitsap County Department of Community Development
Page 3 of 18
Comment [DG3]:
Table directly references KCC 17.381.040 Zoning Use
Tables
Comment [DG4]:
KCC 17.381.050
Footnote 80:
Use prohibited within the Gorst urban growth
area.
Comment [DG5]:
KCC 17.381.050
Footnote 84:
Use prohibited on the Central Kitsap
Community Campus. (See the Silverdale
Design Standards.)
Comment [DG6]:
KCC 17.381.050
Footnote 79:
Use prohibited within the portion of the Gorst
urban growth area between the Sinclair Inlet
shoreline and State Highways 3 and 16.
Comment [DG7]:
KCC 17.381.050
Footnote 7:
In rural wooded (RW), rural protection (RP), or
rural residential (RR) zones:
a. Animal feed yards and animal sales yards
shall be located not less than two hundred feet
from any property line; shall provide automobile
and truck ingress and egress; and shall also
provide parking and loading spaces so
designed as to minimize traffic hazards and
congestion. Applicants shall show that odor,
dust, noise, and drainage shall not constitute a
nuisance, hazard, or health problem to adjoining
property or uses.
b. All stables and paddocks shall be located
not closer than fifty feet to any property line.
Odor, dust, noise, flies, or drainage shall not be
permitted to create or become a nuisance to
surrounding property.
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
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Definitions
For the purposes of this section, the following definitions shall apply.
Agricultural Activity: means a condition or activity that occurs on a farm in connection with the
production of farm products and includes, but is not limited to, marketed produce at roadside
stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation
pumps; movement, including, but not limited to, use of current county road ditches, streams,
rivers, canals, and drains, and use of water for agricultural activities; ground and aerial
application of seed, fertilizers, conditioners, and plant protection products; keeping of bees for
production of agricultural or apicultural products; employment and use of labor; roadway
movement of equipment and livestock; protection from damage by wildlife; prevention of
trespass; construction and maintenance of buildings, fences, roads, bridges, ponds, drains,
ditches, waterways, and similar features and maintenance of stream banks and watercourses;
and conversion from one agricultural activity to another, including a change in the type of farm
product being produced. The term includes use of new practices and equipment consistent
with technological development within the agricultural industry.
Agricultural use, accessory or agritourism: means a use that directly supports, promotes and is
incidental to a permitted primary agricultural use or agricultural activity on a farm. Such
accessory and agritourism uses shall include, but are not limited to, temporary mobile
slaughtering units or other activities which add value to a farm product such as processing or a
commercial kitchen, farm stands or farm markets, community supported agriculture (CSA), upick self harvest activities and sales, educational how-to-farm workshops, farm tours,
recreational hayrides and corn mazes, equine riding lessons and training clinics, seasonal
harvest and holiday activities and other similar uses and activities. A winery, brewery, cider
mill, or distillery which only uses products grown on the farm and does not allow for public
tastings shall be considered an accessory use. A permanent facility used for slaughtering or
meat packing, commercial feedlot, or activities identified as assembly events shall not be
considered an accessory agricultural use.
Agricultural use, primary: means using land for the production of food and fiber, dairying,
pasturage, equine boarding or training, horticulture, floriculture, viticulture, apiaries,animal
husbandry, and wholesale nurseries.
Agriculture, Existing and Ongoing: for the purposes of this chapter means a use, use of a
structure or a structure that was legally vested or established at or prior to the date of the
applicable regulations. A use of land, a structure or use of a structure for agricultural purposes
is otherwise regulated by 17.110.510 Nonconforming Use, Nonconforming Structure or
Nonconforming Use of Structure. When referring to critical area regulations the definition for
Existing and Ongoing agriculture in KCC Title 19 shall be used.
Agriculture Structure: means a structure designed and constructed for agricultural use and
activities or to store, repair, service or maintain farm implements, hay, grain, poultry, livestock
or other horticultural products,and for stabling or training equines, or riding lessons and
training clinics.
Comment [DG8]:
AFO definition and references removed.
Unenforceable.
Deleted: ,
Comment [DG9]:
Differentiates between a facility adding value to
crops grown on the farm and a facility which
imports products for processing.
Comment [DG10]:
REPEAL: Existing Definition from KCC and add the
definition from this section with a separate
definition for accessory agriculture use.
17.110.050 Agricultural Uses: means the use of the
land for agricultural purposes, including farming,
dairying, pasturage, agriculture, horticulture,
wholesale nurseries, floriculture, viticulture and
wineries, apiaries, and animal and poultry
husbandry, and the necessary accessory uses;
provided, however, that the operation of any such
accessory use shall be incidental to that of normal
agriculture activities, and provided further, that the
above uses shall not include slaughter houses and
meat packing or commercial feed-lots.
22.150.115 Agriculture:Uses and practices,
primarily commercial in nature, which are in support
of agricultural activities, agricultural products,
agricultural equipment and facilities, and
agricultural land, as defined in WAC 173-26-020(3).
This excludes activities typically associated with
single-family residences, such as gardening activities
primarily for on-site consumption. Such uses may
still be subject to other provisions of this program.
Comment [DG11]:
Definition modified to reflect applicability to this
chapter of Kitsap County Code.
Comment [DG12]:
New Agriculture definition removed, not used in the
language
Kitsap County Department of Community Development
Page 4 of 18
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
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Assembly Event: means a use or activity where a group of persons gather to participate in a
commercial or marketed event or activity including, but not limited to, entertainment,
recreational or celebratory events or activities, conventions, retreats, or weddings.
Best Management Practices (BMPs): means established management practices that farmers
use to provide for the economic, environmental and agronomic efficiency of a farm when
raising crops and/or livestock to achieve the least possible adverse impact on the environment,
and to minimize possible adverse impacts on human, animal and plant health. These practices
are highly adaptable and reflect the individual conditions and capabilities of the farm where
they are applied. One guide for BMPs is the Natural Resources Conservation Service (NRCS)
Field Office Technical Guide (FOTG).
Concentrated Animal Feeding Operation (CAFO): means an animal feeding operation with
more than 1000 animal units (an animal unit is defined as an animal equivalent of 1000 pounds
live weight and equates to 1000 head of beef cattle, 700 dairy cows, 2500 swine weighing more
than 55 pounds, 125 thousand broiler chickens, or 82 thousand laying hens or pullets) confined
on site for more than 45 days during the year. CAFO’s are regulated by the U.S. Environmental
Protection Agency under the Clean Water Act.
Farm: means any size parcel or parcels owned by the same person or entity managed for
primary agriculture use, that are used by the farm operator to produce and/or manage food,
fiber, livestock boarding, or any combination thereof. Multiple contiguous parcels in the same
ownership may be considered one parcel for the purposes of livestock management
calculations. Multiple non-contiguous parcels under the same ownership may be considered a
single farm.
Farm, Commercial: means a farm designated as“farm and agricultural land” by the Kitsap
County Assessor or exceeds a three year average of $1,000 in gross sales of agricultural
products produced on the farm or investment in the planting of an orchard, vineyard, berry
field or other perrenial on the farm, or any combination thereof. The three year average of
gross sales or investment must exceed $10,000 to qualify as a commercial farm for the 720
square foot agricultural structure exemption or for the increased permissibility associated with
wineries, breweries, cider mills, distilleries, or assembly events. IRS farm income schedules
shall be used to determine a three year average.
Farm Equipment: means, but is not limited to, tractors, trailers, combines, tillage implements,
balers, and other equipment, including attachments and accessories that are used in
agricultural activities such as planting, cultivating, irrigation, harvesting, butchering,
slaughtering, and marketing of agricultural, horticultural, or livestock products.
Farm Personnel: means an individual involved in the operational aspects of afarm including the
farm owner and family, employees, interns, and volunteers.
Farm Plan: means a report that explains how a crop or livestock operation can be conducted
using best management practices (BMPs).
Farm Product: means part or all of aplant oranimal, or byproduct thereof useful to humans and
includes, but is not limited to, forages and sod, fruits, vegetables, flowers, seeds, grasses, trees,
Kitsap County Department of Community Development
Page 5 of 18
Comment [D13]:
Language is too vague.
Deleted: Any size animal feeding operation that
discharges manure or wastewater into a natural or
man-made ditch, stream or other waterway is
defined as a CAFO, regardless of size.
Comment [DG14]:
Relates to farm stands having a specific number of
agricultural products from the farm where the farm
stand is located.
Comment [DG15]:
Kitsap County Assessor:
Farm & Agricultural Land - The land must be
primarily devoted to raising agricultural products for
commercial purposes. Copies of IRS farm income
schedules for at least 3 of the last 5 years are
required on the application. Income requirements
are based on the amount of property that is
classified:
Less than 5 acres requires an annual gross
income from agricultural products of $1,500.
5 to 20 acres require an annual gross income
from agricultural products of $200 per acre.
20 or more acres do not require a specific gross
dollar amount, but there must be sufficient income
to ascertain the property is a commercial-scale
farm.
If a residence exists on farms less than 20 acres, a
1 acre home site is excluded from classification and
remains fully taxable. If there are farm animals on
the property, a farm plan must be submitted with
the application. The Kitsap Conservation District
provides assistance in developing farm plans.
The value of Farm & Ag Land is based on the
productivity capacity of the land; which is based on
soil types, industry interest rates, county
assessment ratios and farm product prices.
Open Space Plan: Farm and agricultural
conservation land (TRADITIONAL FARM)
(x) Farm and Agricultural Conservation Land.
Definition: “Farm and agricultural conservation
land” means either:
A. Land that was previously classified under
RCW 84.34.020(2) (farm and agricultural land) that
no longer meets the criteria of said subsection (2)
and that is reclassified under RCW 84.34.020(1)
(open space land).
B. Land that is traditional farmland that is not
classified under RCW Chapters 84.33 or 84.34, that
has not been irrevocably devoted to a use
inconsistent with agricultural uses, and that has a
high potential for returning to commercial
agriculture.
A farm plan which includes water quality
protection measures from the Kitsap conservation
district may be required prior to approval of open
space designation.
Comment [DG16]:
A traditional farm designation is too vague to use as
criteria to determine that a farm is commercial.
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
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livestock, dairy, poultry, freshwater fish, apiaries, equine, or any other product which
incorporates the use of food, feed, fiber, or fur.
Farm Stand or Farm Market: means a structure located on a farm which is used for the sale of
farm products grown, produced or processed primarily in Kitsap County or counties
immediately adjacent to Kitsap County and from Washington State.
Farm Stay: means any type of paid accommodation on a working farm where guests partake in
operating the farm.
Livestock: means a) horses, bovine, sheep, goats, swine, reindeer, donkeys, mules, llamas and
any other hoofed animal, large and small (small being one hundred fifty pounds or less) b)
poultry c) and ratites.
Nursery, Wholesale: means an establishment where trees, shrubs or other plants are
propagated on the property and/or continuously grown to a larger size for a period no less than
one complete growing season and that is not open to the public on a regular basis. Temporary
outdoor stands for the periodic and occasional sale of plants which are grown on the premises
shall not disqualify an establishment for definition as a wholesale nursery. No bark, mulch,
fertilizer or other similar landscape supply may be sold.
Comment [DG17]:
17.110.525 Nursery, Wholesale
Verbatim definition
Poultry: means birds kept by humans for their eggs, meat, or feathers.
Comment [DG19]:
Poultry and Ratite definitions derived from the
Cambridge dictionary.
Ratite: means a flightless bird with small wings and flat breastbone. Ostrich, emu, and rhea are
members of this family.
Comment [DG18]:
Nursery, Retail: DELETED
Definition was not used in the code language.
Small Animal: means an animal similar in size to a mature meat rabbit or cavy as defined by the
United States Department of Agriculture. A mature rabbit is a rabbit of any weight, but usually
over 4 pounds and over 8 months of age. A cavy is a short-legged, stocky, “cobby” mammal
with no visible tail (eg. Guinea pig).
Tasting Room: means a facility or portion of a facility supporting a winery, brewery, or distillery
where the public may sample products produced by the winery and which has ancillary winerelated retail sales.
Temporary Farm Worker/Intern:means an individual who works intermittently at one or more
agricultural worksites, not having a primary residence, and doesn’t reside at the same worksite
year-round.
Comment [DG20]:
Definition Source:
WA Department of Health Migrant
Farmworker/Temporary Worker Housing
Temporary structure: means which does not have or is not required by the International
Building Code to have a permanent attachment to the ground. Temporary structures are
subject to building permits.
Comment [DG21]:
17.110.715 Temporary structure.
“Temporary structure” means a structure which
does not have or is not required by the Uniform
Building Code to have a permanent attachment to
the ground. Temporary structures are subject to
building permits.
Winery, Brewery, Cider Mill, Distillery: means a licensed facility designed for the crushing,
fermentation, and/or barrel aging of wine, beer, cider, or liquor, and which may include barrel
rooms, bottling rooms, tank rooms, laboratories, case goods storage, and offices. “Licensed” for
the purposes of this title means a facility that has met the requirements of RCW66.24.and27 CFR
Chapter I, Subchapter A, Part 1.
Kitsap County Department of Community Development
Page 6 of 18
Changed definition to remain consistent with
existing definition in T 17 (changed UBC to IBC).
Comment [DG22]:
Definition Origin
Clark County 40.100.070
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
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Agricultural Use Standards
Uses permitted by this section shall be in accordance with the following regulatory elements:
1) Kitsap County fire codes and building codes unless specifically exempted in thischapter see
section “Agriculture Structures”;
2) Kitsap County Code (KCC) Title 12 Stormwater Management;
3) KCCTitle 15 Flood Zone;
4) KCC Chapter 17.465 Marijuana Regulations;
5) KCC Chapter 18.16 Timber Harvest;
6) KCC Title 19 Critical Areas Ordinance;
7) KCC Title 22 Shoreline Master Program;
8) Kitsap Public Health District (e.g.,Sewage, Solid Waste, Food Handling or other applicable
regulations);
9) Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG)shall be
used to create a farm plan if referred to this section; and
10) Other applicable regulations from a County, State, or Federal Jurisdiction including, but not
limited to, the Washington State Department of Ecology and United States Department of
Fish and Wildlife.Examples of permit requirements include, but are not limited to,
Washington Department of Ecology Water Rights, and Washington Department of Fish and
Wildlife Hydraulic Project Approval requirements for surface water maintenance activities.
Additional regulations and review processes associated with specific agricultural uses are as
follows:
1) Agricultural Use, Primary:
A primary agricultural use, activity, and/or structure shall be a permitted use in the zones
identified in the “Applicability” section provided that the uses comply with this chapter.
Agricultural uses, activities, and structures are allowed on vacant land where such uses,
activities and structures are allowed in the applicable zone.
2) Accessory Agricultural Use or Agritourism:
An accessory agricultural use or agritourism use is allowed where a primary agricultural use
exists and is allowed. The accessory agricultural use shall be operated so as to not interfere
with the primary agricultural use and shall not significantly interfere with the rural character
of an area.
a. A farm stand or farm market is an allowed accessory agricultural use provided that:
i. At least 50% of the number of farm products available for sale must be produced or
processed on the farm where the farm stand is located;
ii. At least 75% of the number of farm products available for sale must be produced or
processed within Kitsap County or counties immediately adjacent to Kitsap County;
iii. All farm products available for sale must be produced or processed within the state
of Washington;
Kitsap County Department of Community Development
Page 7 of 18
Comment [DG23]:
Critical Areas Ordinance incorporates this chapter
by reference, DCD felt it worthwhile to call out in
this section since some locations might have
flooding issues without the presence of critical
areas.
Comment [DG24]:
DCD permit staff requested examples of permit
requirements in those areas that commonly apply.
Comment [DG25]:
Thresholds increased as a result of public feedback
and DCD internal review.
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
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iv.
Farm support items or other incidental itemsavailable for sale must directly relate to
the farm products sold at the farm stand such as seeds, garden and farm
implements and supplies, feed and forage, agricultural education and training or
show materials, compost, and other similar items. Sales of farm support or
incidental items shall not exceed 10% of the total gross sales;
v. A farm stand does not include structures designed for occupancy as a residence or
for activities other than the sale of farm crops, livestock, and incidental items
identified in “Agriculture Use Standards (2)(a)(iii)” and does not include structures
for banquets, public gatherings or public entertainment;
vi. A farm stand shall use legal access, off-street parking, and implement traffic
planning measures so that adjacent properties are not impacted; and
vii. Kitsap County may request that the owner of the farm stand provide a summary of
year to date gross sales and an inventory of items, including where they were
produced and processed.
b. Mobile agricultural processing or production facilities, including for slaughtering, are
allowed provided that:
i. The facility and operations are shielded to minimize visibility from immediately
adjacent parcels and public right-of-ways; and
ii. The facility must have all appropriate registrations and licenses necessary to operate
as a slaughtering facility;
iii. The facility must have all appropriate registrations and licenses acquired to allow
transportation on public roads.
c. A use meeting the state or federal definition for a permanent processing facility, not
including slaughtering facilities, is allowed on a commercial farm.
d. A use meeting the state or federal definition for a permanent custom slaughtering
establishment or custom meat facility may be allowed in industrial zones subject to a
conditional use permit (CUP).
e. A use meeting the state or federal definition for a concentrated animal feeding
operation (CAFO), certified feed lot, public livestock market, stockyard, warehouse, or
grain elevator, may be allowed in industrial zones subject to a conditional use permit
(CUP).
f. Farm Stay: A farm stay is allowed as an accessory use on a commercial farm subject to
an administrative conditional use permit (ACUP).
g. Agriculture School: An agricultural schooling programis allowed as an accessory use on
a commercial farm. If accommodations are used by students the operation is subject to
an administrative conditional use permit (ACUP).
h. Farm workers or interns may be housed on a commercial farm in structures permitted
through one of the following processes:
Comment [DG26]:
Language added based upon feedback provided to
DCD through code compliance and permit review
staff.
Comment [DG27]:
Language requested by code compliance to help
with enforcement efforts.
Comment [DG28]:
Reference to temporary facilities removed. A
mobile processing facility inherently has size
restrictions for legality of movement on roadways.
Enforcing time restrictions is unrealistic.
Comment [DG29]:
Public feedback requested that processing facilities
and slaughtering facilities be separated.
Example Given by the Public: A permanent
processing facility which creates fruit jams will have
less nuisance impacts than a pig slaughtering
facility.
Comment [DG30]:
Requests from the work team to extend this
allowance beyond industrial zones.
Response: The only zone with an intent in the
purpose statement to accept such facilities is
industrial.
Comment [DG31]:
DELETED: A structure built to house a farm worker
or intern may be allowed in addition to an accessory
dwelling unit subject to a conditional use permit
(CUP).
Language changed to remain consistent with
Growth Management Act .
Kitsap County Department of Community Development
Page 8 of 18
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
i.
6/16/2015
A temporary permit issued pursuant to KCC Chapter 17.455.090 for a farm worker or
intern to occupy a recreational vehicle (RV) on the farm where he or she works for a
period not to exceed three months subject to the following conditions:
1. The subject property must be located on a commercial farm or in the Rural
Wooded (RW), Rural Protection (RP), or Rural Residential (RR) zones;
2. The RV must be occupied by the farm worker or intern;
3. The RV must be provided with approved utilities including septic or sewer
(health district approval), water, and electrical power;
4. The location of the RV must meet all setbacks required by the underlying zone;
5. The director may impose additional conditions as appropriate to ensure that the
RV use is compatible with the surrounding properties;
6. The minimum RV size shall be 200 square feet; and
7. A permit will be required each time the RV is placed on a parcel. If the RV is
placed on the same parcel each year the application fee will be half of the initial
fee.
ii. Where farm workers are needed to assist in the operation of a farm, a manufactured
home or mobile home may be placed upon the same lot as a single-family dwelling
for occupancy by the individual and their family subject to the following limitations:
1. The subject property must be located on a commercial farm or in the Rural
Wooded (RW), Rural Protection (RP), or Rural Residential (RR) zones;
2. The farm worker must be actively working on the farm where the manufactured
or mobile home is located;
3. No rent, fee, payment or charge in lieu thereof may be made for use of the
single-family dwelling or manufactured/mobile home as between the recipients
or the farm worker;
4. The manufactured/mobile home must meet the setback requirements of the
zone in which it is situated;
5. A permit must be obtained from the director authorizing such need for a
manufactured/mobile home. Such permit shall remain in effect for one year and
may, upon application, be extended for one-year periods, provided there has
been compliance with the requirements of this section;
6. The manufactured/mobile home must be removed when the structure is no
longer used for housing a farm worker; and
7. Placement of the manufactured/mobile home is subject to applicable health
district standards for water service and sewage disposal.
i. A facility used to breed, maintain and sell herding dogs as defined by the American
Kennel Club or to breed and sell dogs used specifically to manage livestock shall be
considered an accessory agricultural use. The director may determine whether dogs are
housed, bred, and sold for managing livestock.
Kitsap County Department of Community Development
Page 9 of 18
Comment [DG32]:
Consistent with KCC Chapter 17.455.090 Temporary
Permits. Permit process already established.
Add commercial farms where the RV can be located
and change the stipulation from only property
owner or family member to a farm worker or intern.
Comment [DG33]:
Consistent with existing permit process for special
care housing KCC 17.381.050 Footnote 43. Permit
process already established.
Remove the first requirement of only two
individuals and change “an individual needing
special care” to a “farm worker”.
Comment [DG34]:
Dogs bred for show is not considered an agricultural
use and therefore the language was removed.
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
6/16/2015
Livestock and Dairy Management
The purpose of the livestock and dairy management section is to allow farmers with smaller
parcels the opportunity to participate in animal based agriculture while minimizing the
proliferation of nuisances to neighboring properties.
Table 1:Animal Density Thresholds
Livestock management is allowed as an agricultural use. The following table only applies to aparcel less
than five acres in size.
The number of animals allowedper parcel or contiguous parcel farm:
a. Animals less than six months old or those still nursing are not counted against the permitted animal
densities.
Less than one acre
Parcel Size
AnimalDensity
Allowance
Or
one acre or greater,
Less than five acres if within 200 feet
of a water body including seasonal
and year round streams.
but less than five acres


Per 40,000 square feet:
Per 20,000 square feet:
one large livestock, three small
livestock, five ratites, 22 small
animals, or25 poultry.
one large livestock, three small
livestock, five ratites, 22 small
animals, or 25 poultry.
1) The density requirements in Table 1 may be increased with the implementation of a Farm
Plan in consultation with the Kitsap Conservation District.
2) No feeding area shall be located within 100 feet of an off-site residence. The owner of the
parcel where the feeding area is located shall be required upon request of Kitsap County to
prove the distance between the feeding area and the off-site residence is greater than 100
feet. This proof shall include coordination with the neighbor to allow Kitsap County to
measure the distance. If proof cannot be provided in this manner, then the feeding area
shall be not be located within 100 feet of an adjacent parcel.A pasture greater than 20,000
square feet shall not be considered a feed area.
3) Manure piles and animal enclosures, including active pastures, shall maintain minimum
horizontal separations for new and existing public/private water supplies pursuant to Kitsap
Public Health District drinking water regulations.
Comment [DG35]:
Public feedback has requested that roosters be
prohibited. If roosters are prohibited based upon
noise nuisance, then other animals making noise
should be prohibited. The slippery slope effect
would result in all noisy animals being prohibited
where roosters are prohibited.
Comment [DG36]:
Small Animals:
EXISTING CODE:
Six small animals allowed
REASON FOR PROPOSED LANGUAGE:
Area needed is 4-6 times the size of a rabbit when
stretched out, more if confined for a large amount
of the day. Typical needs are 8 square feet of
enclosure space and 24 square feet of exercise
space.
720 square feet (exempt ag structure size)
divided by
32 square feet (area needed per rabbit)
= 22.5 rabbits
Comment [DG37]:
EXISTING CODE:
12 poultry allowed
REASON FOR PROPOSED LANGUAGE:
Robert Plamadon
Editor of The Dollar Hen: The Classic Guide to
American Free-Range Egg Farming suggests that an
acre of sod can accommodate approximately 80
chickens per acre. A more sustainable number of 50
poultry per acres was selected.
http://whatcom.wsu.edu/ag/pasture/eb0820.htm
Comment [DG38]:
Density bonus language was removed.
Implementation of a farm plan will allow the
flexibility requested while responding to concerns of
neighbors and impacts to critical areas.
Comment [DG39]:
Burden of proof placed upon parcel owner at the
request of code compliance. Enforcement is not
realistic otherwise.
Kitsap County Department of Community Development
Page 10 of 18
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
6/16/2015
Agriculture Structure Requirements
All agricultural structures, including those exempted from a building permit, shall be
constructed to the standards in KCC Title 14 Building Construction code. Residential structures,
including temporary farm worker housing, shall not be given reduced setbacks, except as
otherwise allowed through Kitsap County application for variances.An agriculture structure
where public access is allowed shall require a building permit and certificate of occupancy
regardless of size or exemptions stated below.
1) Setbacks: Agricultural structures shall comply with all setback requirements explicitly
stated or referenced in this section. When conflicting setbacks occur the more restrictive
setback requirement shall apply (See Figure 1: ExampleAgriculture Structure Buildable Area
Site Plan):
a. Fiftyfeet from any parcel line except;
i. A setback reduction to ten feet from a parcel line may be allowed provided the parcel
line is not part of a right of way or part of an access easement serving five or more
parcels, and provided that:
1. A site plan is submitted for review which shows:
a. All existing and proposed structures on the parcel; and
b. All structures within setbacks established by this section; and
c. All property lines.
2. The parcel line where the setback reduction occurs is professionally surveyed and
the corners staked and marked;
3. The owner of the parcel where the structure is located shall be required upon
request of Kitsap County to prove the distance between the Agricultural structure
and any potential setbacks as a result of off-site conditions such as a habitable
structure. This proof shall include coordination with the neighbor to allow Kitsap
County to measure the distance. If proof cannot be provided in this manner, then
the structure shall not be located within 50 feet of an adjacent parcel.
4. A notice to title on the Farm and the adjacent propertythat an agriculture
structure exists within the standard 50 foot setback from the property line. This
notice will require disclosure during the sale of either parcel; and
5. A review and inspection fee as established by county resolution.
b. One hundred feet from off-site residential structures;
c. Animal enclosures, including active pastures, shall maintain minimum horizontal
separations for new and existing public/private water supplies pursuant to Kitsap Public
Health District drinking water regulations;
d. Setbacks pursuant to KCC Title 19 Critical Areas Ordinance and KCC Title 22 Shoreline
Master Program.
2) Building Permit Exemptions:
Kitsap County Department of Community Development
Page 11 of 18
Comment [DG40]:
DCD Staff recommends a clear statement that
exemptions and setbacks are only applicable to
agricultural structures.
Comment [DG41]:
The 50’ rural setback is likely one of the greatest
contributors to the positive rural assessment we
received in 2009. And we get substantial
encroachments on any setback, so that
encroachment on 25’ may have the effect of no
buffer at all (and today these are not issues we are
enforcing, as they are a low priority when compared
to others).
Contiguous parcels, internal parcel line setback
reduction is redundant and can occur with the
language remaining.
Comment [DG42]:
Code compliance requests burden of proof be
placed upon owner of the parcel. Difficult to
enforce the regulations otherwise.
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
6/16/2015
a. Temporary growing structures used solely for the commercial production of
horticultural plants including ornamental plants, flowers, vegetables, and fruits are not
considered structures subject to the State Building Code, Chapter 19.27 RCW, pursuant
to RCW 19.27.065.; and
b. An agricultural structure that is 200 square feet or less is exempt from acquiring a
building permit;
c. An agricultural structure that is 720 square feet or less is conditionally exempt from
acquiring a building permit provided that:
i. The structureis located on a commercial farm;
ii. The structure is less than 720square feet;
d. Electrical, plumbing, and mechanical permits are required if included in the construction
of the structure; and
e. All exempt permanent agricultural structures are fully taxable as land improvements by
the Kitsap County Assessor.
3) Existing and Ongoing Structure: A legally constructed non-conforming agricultural structure
may allow access to the general public provided that a building permit and certificate of
occupancy areacquired.
4) Garage or Carport: An agricultural structure used for the storage of a private vehicle which
is licensable, but not licensed or is not used as farm equipment, is considered a garage or
carport and shall require compliance with KCC Title 17 and KCC Title 14.
5) Maintenance: Maintenance or repair of an existing structure with materials comparable to
the existing structure, or new materials, is allowed, so long as any required permit is
secured for repair or maintenance in accordance with KCC Title 14 Building.
Kitsap County Department of Community Development
Page 12 of 18
Comment [DG43]:
International Building Code provides an exemption
for agricultural structures less than 200 s.f.
Comment [DG44]:
Square footage established using 12 lineal feet
increments which is a common length available in
most lumber stores. Horse stall size is
recommended to be 12’x12’ for a 1000lb horse.
12’x60’ = 720 square feet
Comment [DG45]:
Structure must be located on a commercial farm. A
commercial farm as defined in this code
demonstrates a commitment to agricultural
production as the primary use of the land.
Comment [DG46]:
According to the building official, registration will
not be necessary since they are only allowed on a
commercial farm.
Comment [DG47]:
Reinforce the position that a structure which will
merely store non-agricultural items will not be
classified as an agricultural structure which qualifies
for a building permit exemption.
Comment [DG48]:
Building official requires the acquisition of a permit
for this action.
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
Figure 1: Example Agriculture Structure Buildable Area Site Plan
(*Note:Critical area buffers and setbacks may vary; refer to KCC Title 17 and 19)
6/16/2015
Comment [DG49]:
Note rewritten to clarify the need to refer to other
codified sections to confirm buffers and setbacks.
Drawing was changed to reflect the revisions to
agricultural structure setback language. Fifty foot
setback from a right of way parcel line and an access
easement parcel line where 5 or more parcels are
served.
Kitsap County Department of Community Development
Page 13 of 18
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
6/16/2015
Wineries, Breweries, Cider Mills, and Distilleries
A winery, brewery, cider mill, or distillery as defined in this chapter, which does not qualify as
an accessory agricultural use, may be allowed on a commercial farm as defined in this section
provided that:
1) The use shall be subject to an administrative conditional use permit (ACUP) if no public
visitation occurs, or shall be subject to a conditional use permit (CUP) for uses with public
visitation;
2) Retail Sales are directly related to the winery, such as sales of wine, beer, cider, or spirits
and related merchandise;
3) Structures and equipment related to the operations of a winery, brewery, cider mill, or
distillery shall comply with all KCC Title 14 and KCC Title 17 and are not exempted from
building permits;
4) A tasting room under this section is only allowed in conjunction with a winery, brewery, or
distillery licensed by the Washington State Liquor Control Board. A licensed facility with a
tasting room must obtain a tasting permit. Tasting rooms shall not serve products in serving
glassware, cups, or containers greater than a four-ounce capacity. Applications for a tasting
permit shall include:
a. A site plan review with a fee established by county resolution;
b. A traffic management plan;
c. A parcel(s) without direct access to a Kitsap County maintained right-of-way shall
require the commercial farm owner to obtain written consent by all of the owners of an
easement used to access the commercial farm. A notice to title for each owner of the
easement shall be required and submittal of the associated fee established by county
resolution;
Assembly Events
Assembly events as defined in this chapter are allowed on a commercial farm as defined in this
chapter provided that:
1) The event(s) must be incidental and secondary to a primary agricultural use, is not
considered an accessory agricultural use, and may be subject to an assembly permit
pursuant to KCC Title 14;
2) All operations complywith KCC Title 10 Peace, Safety and Morals;
3) A parcel(s) where the event occurs without direct access to a Kitsap County maintained
right-of-way shall require the commercial farm owner to obtain written consent by all of the
owners of an easement used to access the commercial farm. A notice to title for each
owner of the easement shall be required and submittal of a fee established by county
resolution;
4) Expected attendance shall not exceed 200 persons. A venue where the expected
attendance will exceed 200 persons may be allowed subject to a conditional use permit;
5) Up to four assembly events per calendar year are allowed provided that:
Kitsap County Department of Community Development
Page 14 of 18
Comment [DG50]:
DCD Staff suggests a review process as a result of
past complaints associate with this use.
Public visitation is a large concern with the potential
impact to neighboring parcels.
Comment [DG51]:
Four ounces is an industry standard for many tasting
glasses. Sampler beer trays in restaurants typically
use this size vessel.
Comment [DG52]:
Current code requires all owners grant consent, not
just a majority, based upon a project seen by the
hearings examiner
Comment [DG53]:
Notification to the sheriff requirement was
removed.
Comment [DG54]:
Language added at Fire Marshal’s request.
Comment [DG55]:
Changed from a majority of neighbors to all
neighbors. Remains consistent with other assembly
event venue requirements as a result of past
hearing examiner determinations.
Comment [DG56]:
DCD recommends directly stating the number of
people allowed at an assembly event because of the
impacts to surrounding properties.
The previous draft only applied regulations if the
event exceeded 500 people. Assuming 2 people per
car, that is 250 cars impacting traffic flows and
parking.
Comment [DG57]:
Based upon one event per quarter, events can be
consolidated into multiple events per month to
account for seasonal increase in demand.
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
6/16/2015
a. A permit is obtained after a Site Plan Review and submittal of a fee established by
county resolution;
b. Access, egress, and parking facilities must be clearly identified on-site. Adjacent
properties can be used for parking if:
i. A written agreement between the assembly event location owner and the owner of
the parcel used for parking is provided; and
ii. The off-site parking is included in the site plan review.
c. Written notification shall be provided to the owner of any parcel immediately adjacent
to the commercial farm either six weeks prior to each event, or four weeks prior to the
first event of the year where such notice is provided with a calendar indicating the date
of future events. Noticing shall include the event, hours of the event, and contact
information for the event manager that is available at all times during the event. The
farm owner must be able to demonstrate that proper mailing occurred if requested by
Kitsap County;
6) Five or more assembly events may be allowed subject to an administrative conditional use
permit (ACUP). The administrative conditional use permit process may be elevated to a
conditional use permit (CUP) according to Title 21 Land Use and Development Procedures.
Kitsap County staff may restrict the number of events or timing of events during the
conditional use permit process;
7) Each scheduled assembly event shall be considered a separate assembly event from any
that preceded or came after.
8) The duration of an assembly event or activity shall not exceed 48 consecutive hours
including set-up and clean-up;
9) Not more than one event can occur per weekend; and
10) Sanitation and solid waste shall conform to Kitsap Public Health District requirements.
11) Land use approvals for events or activities is transferrable with the land. Occupancy and
assembly permits are not transferrable.
Kitsap County Department of Community Development
Page 15 of 18
Comment [DG58]:
Changed notification requirements from two weeks
to six and four weeks per the recommendation of
DCD staff.
Additional information requested by DCD staff for
noticing procedures.
Deleted: <#>An event where the attendance will
exceed 500 persons shall be considered a festival
and subject to the same standards as KCC 6.20.¶
Comment [DG59]:
DCD staff recommendation.
Comment [DG60]:
Consistent with
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
6/16/2015
Legal Non-Conforming Agricultural Uses
Notwithstanding Section 17.460 Nonconforming Uses, Structures and Use of Structures, the
continued existence of lawfully established existing and ongoing agricultural uses or structures
shall be subject to the following:
1) Use of a structure or a structure that was legally vested or established at or prior to the date
of the applicable regulations shall be considered an existing and ongoing agricultural use
and subject to the regulations within KCC Chapter 17.460 and KCC Title 19.
2) A legally established existing and ongoing agricultural use, activity, or structureshall be
considered legally non-conforming and may be continued provided that the use, activity, or
structure is not a detriment to public health or safety. A use, activity, or structure
determined by Kitsap County, Washington State, or Federal agencies to be hazardous to
public health or safety, regardless of legal non-conforming status, shall be required to
change the agricultural use, activity or structure such that it complies with this chapter.
3) A legal non-conforming agricultural use, activity, or structure which has been discontinued
for a period of five consecutive years, without written notice given to the Kitsap County
Department of Community Development of the intent to continue the agricultural use on a
specific parcel or parcels, shall be deemed abandoned. An abandoned agricultural use may
only be re-established if brought into full compliance with thischapter.
4) Landowners are encouraged to document the existence of existing and ongoing agriculture
uses and structures. Assembling historic photographs or documentation is needed to
establish a legal non-conforming agricultural use or structure.
Variances
A variance may be granted subject to chapter17.500 KCC ‘Variances’.
Kitsap County Department of Community Development
Page 16 of 18
Comment [DG61]:
Items deleted in this section exist in KCC 17.460 and
should not be repeated per DCD Staff.
Deleted: An agricultural use established or a
structure erected in violation of any code
provision, including without securing proper
permit approval, shall not be considered legally
non-conforming.
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
6/16/2015
Right to Farm and Notifications
The purpose of this section is to promote public health, safety, and welfare, to support and
encourage continued and new agricultural operations in the County, and to provide the
residents of the county proper notification of the county's recognition and support of farming
activities. This section is not intended to modify or abridge State nuisance laws, but is to be
used in the interpretation and enforcement of the provisions of this Code and County
regulations.
Right to farm provisions shall apply to commercial farms or parcels located outside an Urban
Growth Area where agricultural uses are allowed.
1) Nuisance.
a) Agricultural activities associated with an accessory agricultural use which directly
supports a primary agricultural use on the property, that are consistent with good
agricultural practices and conducted on land where agriculture is a permitted use are
presumed to be reasonable and shall not be found to constitute a nuisance unless the
activity has a substantial adverse effect on the public health and safety.
b) If those agricultural activities are undertaken in conformity with all applicable laws and
rules, then the activities are presumed to be good agricultural practices not adversely
affecting the public health and safety and such activities shall not constitute a nuisance
for purposes of this section. Agricultural activities that are in conformity with such laws
and rules shall not be restricted as to the hours of the day or day or days of the week
during which it may be conducted. Nothing in this section shall affect or impair any right
to sue for damages.
i) Nuisance Claims. A farmer who prevails in a claim alleging that agricultural activity
on a farm constitutes a nuisance may recover full, reasonably incurred costs and
expenses, as determined by a court.
ii) Violation of Specified Laws. A farmer who prevails in a claim: (1) based on an
allegation that agricultural activity on a farm violates specified laws; (2) where the
activity is not found to violate the laws; and (3) actual damages are realized by the
farm, may recover full, reasonably incurred costs and expenses, as determined by a
court. A farmer may not recover costs and expenses from a state or local agency
investigating or pursuing an enforcement action. Recoverable costs and expenses
include actual damages--including lost revenue and the replacement value of crops
or livestock damaged or unable to be harvested or sold--and reasonable attorneys'
fees and costs. A farmer may, in addition, recover exemplary (punitive) damages if a
court finds that the claim was initiated maliciously and without probable cause.
iii) Agency Investigative Costs. Where a state or local agency is required to investigate a
complaint alleging that agricultural activity on a farm violates specified laws, and the
Kitsap County Department of Community Development
Page 17 of 18
Comment [DG62]:
Right to Farm language changed to reflect language
proposed in the past for a separate right to farm
Chapter.
Kitsap 20/20 Agriculture Working Group. Some
changes have been made to remain consistent with
the planning commission draft code.
Create a brochure for Kitsap County similar to
Thurston County’s guide to rural living. Use this
document to help inform Kitsap County residents
where and when agricultural interests are
protected.
Comment [DG63]:
This is meant to allow Kitsap County Animal Control
to enforce KCC Chapter 7.14.030. Public feedback
includes the request to prohibit roosters in the
UGA’s. Such a prohibition would not hold merit on
noise alone as other farm animals would create a
noise based nuisance complaint. (Example: Guinea
Hens).
(2) Animal Noise. For any person(s) to own any
animal which by its barking, howling, baying,
squealing, crowing, crying, bleating, screeching, or
making any other noise by its volume or frequency
unreasonably disturbs or interferes with the peace
of any person(s) for more than fifteen minutes in
any one-hour period of any day, and is documented
by three or more separate episodes of such noise in
a sequential seven-day period. The burden is upon
the owner of such animal(s) to maintain quiet.
Exceptions to this subsection are farm animals in
permitted zones, commercial pet facilities, animal
welfare facilities, veterinary hospitals, or grooming
parlors otherwise in compliance with the Kitsap
County Code including, but not limited to, Section
7.08.040, or those who can substantiate that such
animal noise was caused by an injury or illness of
the animal(s) or by willful trespass, torment, or
abuse of the animal(s) on its property by others.
Comment [DG64]:
Wineries, Breweries, Cider Mills, and Distilleries and
assembly events not directly supporting an
agriculture primary use would not be protected
would not be protected.
AGRICULTURE CODE: PLANNING COMMISSION DRAFT
6/16/2015
activity is not found to violate the laws, the agency may recover its investigative
costs and expenses if a court determines that the complaint was initiated maliciously
and without probable cause.
2) Complaints.
a) Filing. Complaints about off-site effects and impacts of agricultural operations shall be
filed with the appropriate review authority. The Department of Community
Development (DCD) enforces the provisions of the Kitsap County Code contained within
the Title 17 series. These codes and regulations include, but are not limited to: the
International Building Code; International Mechanical Code; International Plumbing
Code; International Fire Code; Zoning and Sign Regulations; Energy Code; grading, filling,
and clearing; flood damage prevention; road approach standards; and other
construction and development-related regulations. The Kitsap County Health
Department (KCHD) enforces the adopted provisions regarding any declared nuisance,
source of filth or cause or probable cause of injury to health.
b) Monitoring Complaints. The Department of Community Development and the Kitsap
County Health Department shall be responsible for maintaining a record of nuisance
complaints related to agricultural operations and forwarding a summary of the subject
complaints to the Kitsap County Farm Advisory Council on a quarterly basis. The Council
shall review and consider the issues raised in the complaints and may make
recommendations to the Commissioners on appropriate changes in agricultural policies,
programs or regulations to address complaints.
c) Complaint Resolution.
3) Mandate
a) Kitsap regulatory authorities are hereby directed to recognize and protect the value of
existing and future farms and ranches and work with the WSU Kitsap Extension, Kitsap
Conservation District and other applicable local and regional agricultural and farming
interests.
Violations
Usesin violation of this chapter shall be unlawful. Violation penalties and fees shall be enforced
pursuant to Kitsap County Code.
Kitsap County Department of Community Development
Page 18 of 18
Comment [DG65]:
No notification required for a RTF to be valid
according to Kitsap County legal review.
Comment [DG66]:
Requires the formation of such a council.
Comment [DG67]:
Kitsap County DCD and Kitsap County Health District
may not have the workload capacity to sufficiently
maintain records of nuisance complaints. This
would also have to include coordination with Animal
Control.