Chapter 19.262
URBAN AGRICULTURE
Sections:
19.262.030 Community gardens and urban farms.
19.262.060 Cottage food operations.
19.262.070 Accessory structures.
19.262.080 On-site sale of urban agriculture products.
19.262.010 Purpose.
The purpose of this chapter is to: (1) support urban agriculture uses, including community gardens, urban farms, farmers markets, farm stands, and cottage food operations; (2) provide opportunities for Federal Way residents to access locally produced healthy foods; (3) increase local food security; (4) reduce greenhouse gas production related to transport of fresh produce from distant locations; (5) provide additional economic opportunities for Federal Way citizens; and (6) ensure that urban agriculture uses are compatible with surrounding land uses.
(Ord. No. 13-754, § 19, 12-3-13.)
19.262.020 Applicability.
This chapter establishes special regulations that govern urban agriculture. Urban agriculture uses include community gardens, urban farms, farmers markets, farm stands, and cottage food operations as defined in Chapter 19.05 FWRC. Urban agriculture does not include landscaping or gardening that is incidental to any permitted use. In recognition of site-specific opportunities and constraints, the director shall have the authority to allow for departure from the specific or numeric provisions contained in these regulations, provided the end result is consistent with the purpose statement of this chapter.
(Ord. No. 13-754, § 19, 12-3-13.)
19.262.030 Community gardens and urban farms.
(1) Community garden and urban farm uses are permitted in any zone.
(a) Applicants for community garden and urban farm uses shall submit a community garden/urban farm management plan for director approval that addresses the potential impacts on surrounding uses and natural systems and includes the following:
(i) Off-street parking, if applicable;
(ii) Garden/farm management rules that will govern garden/farm users and/or employees;
(iii) Location, size, and type of any proposed accessory structures;
(iv) Processing and/or sale of food produced on site;
(v) Storage and application of agricultural chemicals, including fertilizers and pesticides, and a hazardous material checklist if site is located within a designated wellhead protection zone;
(vi) Location and plans for composting facilities;
(vii) Mechanical equipment to be used on site;
(viii) Stormwater management; and
(ix) Soil testing if site is located within area designated as potentially contaminated at greater than 20 parts per million (ppm) by the Tacoma smelter plume.
(b) Written notice shall be provided by mail for community garden and urban agriculture uses that are larger than 10,000 square feet in size and located within a residential zoning district, to persons receiving property tax statements for all properties within 300 feet of each boundary of the subject property. The notice shall contain the following information:
(i) The name of applicant and, if applicable, the project name.
(ii) The street address of the subject property, or if this not available, a description of the location of the property in nonlegal language, along with a vicinity map that identifies the subject property.
(iii) A statement of the right of any person to submit written comments to the director regarding the application within 14 days of the date of the notice.
(iv) A statement that only the applicant, persons who submit written comments to the director, or persons who specifically request a copy of the original decision may appeal the director’s decision.
(c) The director shall approve the proposed community garden/urban farm use upon finding that the proposal adequately addresses the following criteria:
(i) The proposed use does not negatively impact sensitive areas on or adjacent to the subject site;
(ii) The proposed use will not result in excessive noise or emissions that are not typically associated with operation of household mechanical equipment;
(iii) Applicable provisions of Chapter 19.120 FWRC, Clearing, Grading, and Tree and Vegetation Retention, are addressed;
(iv) On-site parking needs, if any, are addressed; and
(v) On-site contaminated soils, if any, are addressed.
(d) The director may condition or modify the community garden/urban agriculture proposal as necessary to ensure the above criteria are met.
(Ord. No. 13-754, § 19, 12-3-13.)
19.262.040 Farmers markets.
(1) Farmers markets are permitted as a temporary use in all zones subject to the requirements of Chapter 19.275 FWRC, Temporary Uses.
(2) Farmers markets are permitted as a permanent use in all nonresidential zones that allow retail use.
(Ord. No. 13-754, § 19, 12-3-13.)
19.262.050 Farm stands.
(1) Farm stand uses are permitted in any zone as an accessory use to any permitted urban agriculture use for the purpose of on-site sale of urban agricultural products subject to the following criteria:
(a) Farm stands are limited to 200 square feet in area and shall be no more than 15 feet in height.
(b) No more than one farm stand shall be permitted on a subject site.
(c) Farm stands shall be designed to be temporary and portable structures and shall not be permanently affixed to the ground.
(d) See FWRC 19.262.080 for requirements related to on-site sale of urban agriculture products.
(Ord. No. 13-754, § 19, 12-3-13.)
19.262.060 Cottage food operations.
(1) Cottage food operation uses are permitted in any zone as an accessory use to a permitted use subject to the following criteria:
(a) Cottage food operations shall adhere to the requirements of RCW 69.07.100 and 69.07.120.
(b) Cottage food operations shall adhere to the requirements of Chapter 19.270 FWRC, Home Occupations.
(Ord. No. 13-754, § 19, 12-3-13.)
19.262.070 Accessory structures.
Accessory structures supportive of the urban agriculture use are allowed on the subject property subject to the following regulations:
(1) Structures that are considered accessory to urban agriculture uses include greenhouses and sheds, and similar structures as determined by the director. Structures like hoophouses and coldframes that are less than six feet tall and are portable, not affixed to a foundation, and have no floor are typically not considered structures under this section. (See FWRC 19.262.050 for requirements specific to “farm stands.”)
(2) Accessory structures in residential zoning districts must adhere to the following requirements:
(a) The cumulative site area occupied by accessory structures supportive of urban agriculture shall not occupy more than 10 percent of the lot area, or 1,000 square feet, whichever is less.
(b) Accessory structures supportive of urban agriculture shall be equal to or less than 15 feet in height.
(Ord. No. 13-754, § 19, 12-3-13.)
19.262.080 On-site sale of urban agriculture products.
(1) On-site sale of urban agriculture products at community garden or urban farm sites is limited to plants and food grown on site, or food products made from food grown on site, such as jams and pickles.
(2) On-site sale of urban agriculture products in residential zoning districts taking place via farm stands must adhere to the following requirements:
(a) On-site sales are limited to the calendar period between May 1st and October 31st.
(b) On-site sales are limited to the hours of 8:00 a.m. to 7:00 p.m.
(c) Commercial pickups and deliveries are limited to one a day.
(3) A business registration may be required per the requirements of FWRC Title 12. In general, business registration for on-site sale of urban agriculture products shall apply as follows:
(a) An applicant for an on-site sales use that meets the parameters of Chapter 19.275 FWRC may apply for a temporary business registration.
(b) An applicant for an on-site sales use associated with a principal residential use may apply for a home occupation business registration.
(Ord. No. 13-754, § 19, 12-3-13.)