10.08.120 Additional setback from existing agricultural activities.
To provide a buffer between existing agricultural activities and proposed residential structures the following setbacks are enacted:
(1) Where a residential structure is proposed adjacent to an existing agricultural activity a one hundred foot building setback is required from the adjoining agricultural activity.
If the proposed residential structure is separated from the agricultural activity by a public road right-of-way the width of the right-of-way shall be calculated as part of the setback.
(2) A reduction of the required setback may be granted, subject to Type II review, and the recording a declarative covenant as provided in Section 10.08.130, if an applicant can document any of the following:
(A) Existing Development. The setback adjustment will not adversely affect the adjacent agricultural activity because existing residential structures are already located on immediately adjoining lot(s), and the requested reduction is consistent with those setbacks;
(B) Physical Features:.
(i) The required additional setback would prohibit placement of the residential structure due to topography, flood hazard, steep slope or other natural feature, shape or configuration of the lot; or
(ii) An intervening physical feature, such as a road, river, or stream substantially mitigates the effects of placing a residential structure closer to the agricultural activity. (Ord. 1634, § 39, 2004.)