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The purpose of the Agricultural Retention zone is to maintain and enhance the agricultural resource industry of Clallam County through conservation of productive agricultural lands and discouragement of incompatible land uses within the agricultural retention zone.

(1) Permitted Uses. The following uses are permitted in an Agricultural Retention zone:

Agricultural retention development

Agricultural activities

Commercial greenhouses (wholesale and retail)

Commercial horse facility

Family child care home

Fish and wildlife management structures and activities

Home enterprises consistent with the standards specified in CCC 33.47.010

Plant nurseries

Raising of livestock/exotic animals

Single-family dwellings

Timber harvesting

Tree farms

(2) Conditional Uses. The following uses are allowed in an Agricultural Retention zone subject to the procedures and requirements of Chapter 33.27 CCC:

Temporary (one-year) asphalt and concrete plants

Child daycare centers

Bed and breakfast inn facilities which do not interfere with the agricultural use of the adjacent land

Home-based industries not interfering with agricultural use

Mineral extraction on no more than 25 percent of the parcel

(3) General Standards. The following general standards shall apply to all parcels of land within an Agricultural Retention zone except where the agricultural retention development option of subsections (4) to (10) of this section is utilized:

(a) Residential density shall not exceed one dwelling unit per 16 acres or one dwelling unit per parcel on existing parcels less than 16 acres in size which were created before the effective date of this title. Higher densities are permitted under the agricultural retention development standards outlined in subsection (10) of this section when an Agricultural Retention development is proposed.

(b) Minimum size for an Agricultural Retention development: 16 acres.

(c) Setbacks:

(i) Front yard – 45 feet from a local access street, 50 feet from a arterial street, 60 feet from a highway.

(ii) Side yard – 10 feet (40 feet from the centerline of the right-of-way of a side street).

(iii) Rear yard – 15 feet (40 feet from the centerline of the right-of-way of a rear street).

(4) Agricultural Retention Development. Agricultural Retention development may proceed in accordance with the standards and requirements of subsections (4) through (10) of this section. An Agricultural Retention development consists of a development section(s) and an agricultural reserve. The development section is the location of home sites which may be established on up to a maximum of 25 percent of the area of the entire Agricultural Retention development parcel. The number of housing units allowed within the development section of the subject site is determined in accordance with the requirements of this chapter. The remainder of the Agricultural Retention development site constitutes an agricultural reserve which shall be reserved in perpetuity for agricultural land reservation uses as specified in this chapter.

(a) Developments with less than twelve (12) dwelling units must have a single development section. Larger developments, with more than one development section, may be approved; provided, that the minimum number of homes in a development with more than one development section is six (6) homes and that the maximum number of homes in one development section is fourteen (14) homes; and provided, that the provisions of subsection (7) of this section are available if the conditions can be met.

(b) Separate owners of contiguous parcels may combine their parcels for the purpose of designating the combined parcels as an Agricultural Retention development and an agricultural reserve site.

(c) In the case where contiguous parcels are under one ownership and are reflected in a survey recorded prior to the effective date of this title, such parcels may not be further subdivided except in accordance with the provisions of this chapter. No boundary line adjustments shall be approved which would in any way reduce the size of an agricultural reserve or would reduce the future ability of a parcel of land to be developed in accordance with this chapter.

(d) At the time the development site and the agricultural reserve are approved and recorded, the landowner(s) and any successors or assigns may not prohibit the use of the agricultural reserve site for agriculture purposes.

(e) Agricultural retention developments may be developed in phases with one or more lots set aside for future development in accordance with the Clallam County Land Division Code, CCC Title 29.

(5) Permitted Uses within the Development Section of an Agricultural Retention Zone. The following uses are permitted in a development section of an Agricultural Retention zone:

Single-family dwellings

Accessory facilities incidental to the residential use

Agricultural activities

Family daycare providers

Home enterprises consistent with the standards specified in CCC 33.47.010 and which do not interfere with the agricultural use of the land

Utilities and fire protection facilities necessary to serve permitted, special and conditional uses

Plant nurseries

(6) Conditional Uses within the Development Section of an Agricultural Retention Zone. The following conditional uses are permitted in the development section of an Agricultural Retention zone pursuant to the procedures and requirements of Chapter 33.27 CCC:

Child daycare centers

Bed and breakfast inn facilities which do not interfere with the agricultural use of the adjacent land

Home-based industries which do not interfere with the agricultural use of adjacent land

Commercial horse facility

Outdoor-oriented recreational uses

Commercial greenhouses

(7) Agricultural Land Reservation Permitted Uses. The following uses are permitted in an agricultural land reservation of a parcel in an Agricultural Retention zone:

Agricultural activities

One single-family dwelling and accessory unit; provided, that the agricultural land reserve involved is thirty-three (33) acres or larger in area and is being actively farmed. One existing single-family dwelling and accessory unit which may be located apart from the development section is also allowed in agricultural reserves larger than sixteen (16) acres and smaller than thirty-three (33) acres; provided, that any residential dwelling unit must be located within a single, legally created, residence parcel that is no larger than one and one-half (1.5) acres in size; and provided, that no other homes shall be built on the agricultural reserve and that the area of the detached single residence parcel shall be counted as a part of the development section area for percentage calculations. Any single-family dwelling permitted in an agricultural reserve shall be counted as part of, and not in addition to, the maximum density calculation of subsection (10) of this section.

Timber management activities

Power, sewer, water, drainage and irrigation conveyance facilities and communication cables

Plant nurseries

Septic drainfield lines serving adjacent residential development located in a development section of a parcel subject to the agricultural cluster zone; provided, that such facilities do not result in a reduction of the net acreage required for the agricultural land designation

Access roads to the development section of the cluster development site

Commercial greenhouses

Home enterprise

Commercial horse facility

(8) Agricultural Land Reservation Conditional Uses. The following conditional uses are permitted in an agricultural land reservation of a parcel in an Agricultural Retention zone pursuant to the procedures and requirements of Chapter 33.27 CCC:

Temporary asphalt and concrete plants and processing of rock aggregates. Temporary as used in this provision shall mean a period of time less than one year.

Home-based industry

Outdoor-oriented recreation facilities designed to be compatible with the agricultural use of the land

(9) Special Standards for Agricultural Retention Development within the Agricultural Retention Zone. The following special standards shall apply to all parcels of land within an Agricultural Retention zone when approved in accordance with this chapter:

(a) Where more than one home site would be permitted in a proposed development on a portion of the Agricultural Retention zone that does not contain previously divided lots of approximately five (5) acres and smaller, then the maximum lot size of additional home sites (beyond one home site) shall be limited to a maximum of two (2) acres in size in order to conserve farmable land. In this case where small lots of five (5) acres or less have not been previously created (approximately 3,900 acres of the Agricultural Retention zone), the sixteen (16) acre density allowed and the maximum lot size for home sites (two (2) acres) will increase the percentage of agricultural reserve retained to approximately eighty-eight (88) percent of the total development site while decreasing the size of the developable area for homesites to approximately twelve (12) percent of the total development site.

(b) A minimum of either seventy-five (75) percent (lands already divided into five (5) acre parcels) or approximately eighty-eight (88) percent (lands not divided into five (5) acre or smaller parcels) of the area to be developed shall be reserved for agricultural land uses as shown in subsections (7) and (8) of this section; provided, however, that if the parcel is greater than fifty (50) acres, the landowner may exclude any additional fifty (50) acre blocks of land under his ownership from the development site. The agricultural reserve shall be noted on the preliminary master site plan (PMSP) and final master site plan (MSP) and shall state that the reserve is to remain in agriculture in perpetuity. Once an agricultural reserve is established, the reserve area shall not be rezoned nor shall plat alterations or boundary line adjustments be allowed which would remove the land from its status as an agricultural reserve.

(c) The minimum residential lot area, width, frontage and yard requirements, setback standards, street standards, and building heights applying to development in this zone will be established in the preliminary master site plan, as approved in conformance with Chapter 33.23 CCC.

(d) A transition buffer shall be established within the perimeter boundaries of the development section of an agricultural retention development to assure the development is compatible to abutting property through appropriate screening and/or setbacks. The width of the transition buffer shall be at least fifteen (15) feet unless more appropriate standards are approved in the preliminary master site plan. The transition buffer shall consist of screening, landscaping, fencing or structural setbacks as appropriate to ensure compatibility to abutting property.

(e) The development portion should occupy that portion of the tract which is least appropriate for agricultural uses; provided, that the development section should meet all of the requirements of the Clallam County Critical Areas Code. Consideration shall be given to site conditions conducive to agriculture in reviewing the development portion location, such as maintenance of large contiguous blocks of farmland to allow for ease of equipment use and harvesting operations, minimizing unusable isolated portions of farmland within the development, soils, irrigation availability, winds, solar power, etc.

(f) The maximum number of dwelling units per gross acre of the parcel subject to the Agricultural Retention development shall be determined as outlined in subsection (10) of this section. The maximum number of dwellings within a single Agricultural Retention development area shall be fourteen (14) dwelling units.

(g) All final plats approved pursuant to this chapter shall include a notice that agricultural uses of the land are favored uses in this zone and that noise, tree removal, odors, insects, fumes, dust, smoke, operation of machinery, the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides generated by agricultural land activities on the agricultural reserve site shall not be considered nuisances by the county if best management practices as defined by the Clallam County Conservation District are in use by the operator.

(h) The agricultural land reservation in all Agricultural Retention developments shall be a minimum of fifteen (15) acres in area.

(10) Maximum Residential Density for Agricultural Retention Developments within an Agricultural Retention Zone. The maximum density of residential development within this zone which can be used on-site for an Agricultural Retention development shall depend upon the pre-existing status of divided lots within the proposed agricultural retention development. In the case where the development is proposed on lands that are not divided in an existing pattern of contiguous parcels of approximately five (5) acres or less in size, then the maximum density which can be utilized on-site shall be one dwelling per sixteen (16) acres, with the remaining residential density calculated at one dwelling per five (5) acres plus a density bonus, available for transfer of development rights to areas outside the Agricultural Retention zone or for purchase of development rights.

In the case where the development is proposed on lands that are divided in an existing pattern of contiguous parcels of approximately five (5) acres or less in size, then the maximum density which can be utilized on-site shall be one dwelling per five (5) acres plus a density bonus. In either case the maximum total residential density shall be determined according to the formula [Gross acres developed x 0.30 = total development rights (rounded down to the nearest whole number)]. The number of units allowed in the development section and the number of development rights for sale off-site (areas not previously divided in small lots) are shown in the following table:

Total Acres Developed

Homes Allowed in Development Area

(area with an existing pattern of five (5) acre lots)

Homes Allowed in Development Area

(area with no pattern of existing five (5) acre lots)

Development Rights Which Can Be Sold

(area with no pattern of existing five (5) acre lots)

16 acres

4 homes

1 home

3 development rights

20 acres

6 homes

1 home

5 development rights

25 acres

7 homes

1 home

6 development rights

30 acres

9 homes

1 home

8 development rights

35 acres

10 homes

2 homes

8 development rights

40 acres

12 homes

2 homes

10 development rights

45 acres

13 homes

2 homes

11 development rights

50 acres

15 homes

3 homes

12 development rights

50+ acres

Acres x 0.30 = homes allowed in on-site development

Acres/16 = homes allowed in on-site development

(Acres x 0.30) – (Acres/16) = transfer development rights