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(1) Agricultural uses, having long-term commercial significance and existing at the time of adoption of this code, may request that any approval of a development permit, on abutting property, be required to take reasonable steps to protect the existing agricultural use. The determination of long-term commercial significance must first be made by the City Council. The Council, in making such determination, will consider the following:

(a) The property owner, requesting such determination, must submit written verification that the property is in active agricultural production. Such verification may include, but not be limited to, income tax statements showing that the agricultural land is primarily devoted to the commercial production of agricultural uses listed in RCW 36.70A.030(2), and that the property has long-term commercial significance for agricultural production.

(2) The property owner of the long-term agricultural use desiring protection, upon receipt of a notice of a proposed development, must submit, in writing, verified, detailed information what adverse impacts the proposed development will have on the agricultural use and what specific protective measures are needed to protect the agricultural use from such impacts.

(3) In reviewing development permit applications, where an agricultural property owner has requested protection of the agricultural use, the reviewing agency will take the following into consideration:

(a) The unique need(s) of the agricultural use.

(b) The protective measure will be the minimum necessary to provide for the continued operation of the agricultural use, while not adversely impacting the rights of the abutting property owners.

(c) The verified information that the agricultural use is subject to adverse impacts. (Ord. 42-02 § 2 (21A.30.095))