Article 4 — Chapter 17.62

FARMER’S MARKETS AND URBAN AGRICULTURE

Sections:

17.62.010 Purpose. 17.62.020 Applicability. 17.62.030 Permit Required. 17.62.040 Development and Operational Standards. 17.62.050 Maintenance and Cleaning of Premises – Farmer’s Markets. 17.62.060 Annual Inspection – Farmer’s Markets. 17.62.070 Penalty for Noncompliance – Farmer’s Markets.

17.62.010 Purpose. The purpose of this Chapter is to establish standards for the location, site planning, development, and operations of certain land uses that are allowed by Article 2, Zoning Districts and Allowable Land Uses, within individual or multiple districts, and for activities that require special standards to minimize the impacts of these uses and activities on surrounding properties and to protect the health, safety, and welfare of their occupants and of the general public.

17.62.020 Applicability. The requirements of this Chapter shall apply to all farmer’s market and urban agriculture uses (see Chapter 17.42 for Animal Keeping).

17.62.030 Permit Required. All farmer’s market and urban agriculture uses shall be subject to approval of the specified permit as detailed in the use tables in Article 2.

A. Farmer’s Markets

1. Locational Standard. A property used as a farmer’s market use shall be separated from any other property used for the same purpose by a minimum of one mile. A lesser separation distance may be allowed through the Use Permit process if sufficient evidence has been

provided that illustrates that, due to the unique character of the property or properties requesting approval or due to the unique hours/days of operation of activities being considered under the permit, a lesser distance is appropriate. 2. Structural and Design Features.

a. Each structure used in association with a farmer’s market shall conform to with all applicable provisions, requirements and standards of the County Code and all applicable Uniform Codes and Fire Codes/Regulations. b. Access for the physically handicapped shall be provided per the requirements of the Americans with Disabilities Act (ADA) and Title 24 of the California Code of Regulations. c. Alterations and modifications made to any on-site structure

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shall comply with all applicable provisions, requirements and standards of the County Code and all applicable Uniform Codes and Fire Codes/Regulations. d. The appearance of any structure(s) on-site shall not be altered nor occupied in a b. manner which would cause the premises to differ from its original character either by the use of colors, materials, construction, lighting or signs, or the emission of sounds, noises and vibrations. e. Any lights used to illuminate a site used for a farmers market purpose shall be designed so as to c. reflect away from adjoining properties and all public rightsof-ways. d. f. All merchandise displayed or made available shall not be placed in a manner so as to become a visual distraction to motorists or pedestrians using the adjoining public rightof-way, or interfere with traffic signals or controls. 3. Operational Standards. a. Hours of Operation. Market activities may be conducted between the hours of 7:00 a.m. and 9:00 p.m. with specific hours and duration to be

approved by the County. Set-up of market operations cannot begin more than two hours prior to the operational hours of the market and take-down shall be completed within two hours of the close of the market. A farmer’s market use may include live or recorded music, street performers, and/or other forms of live entertainment. Traditional "kiddie rides" such as inflatable or mechanical rides/devices (merrygo-rounds and the like) or animal rides are expressly prohibited.

Farmer’s market uses may be conducted either indoor or outdoor, or both. All merchandise (including arts and crafts, flowers, and prepared and raw food items) displayed or made available shall consist of new items, collectables and/or antiques (as defined herein), and new handmade crafts. No second-hand or previously used items (except antiques and collectables) shall be displayed or allowed for sale. No items shall be displayed upon the ground, except those items which, by their nature,

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are too large or too heavy to be placed upon a display table. e. The sale, display, or complementary exchange (free giveaway) of domestic animals (including dogs, cats, birds, fish, rabbits, chickens, and ducks) or livestock of any type is expressly prohibited. Further, domestic animals (except service animals) or livestock shall not accompany their human hosts or be allowed to freely roam at any site approved for a farmer’s market. f. Public address systems shall not be used after 9:00 p.m. Sunday through Thursday and 10:00 p.m. on Friday and Saturday. Noise levels from the public address system shall not exceed 65 dBA at the property lines.

4. Records and Performance Deposit.

a. Records of all vendors who participate in any approved farmer’s market shall be preserved for a minimum period of three years before such records are discarded. Such records shall be made available to the County within five working days upon written request from the County. Failure to preserve vendor

records or failure to present vendor records when requested by the County shall be grounds to revoke the approved permit. Parking, Access, and Driveways.

The property owner and/or operator of each farmer’s market shall ensure that all required accesses, driveways, and parking spaces for such activity remain clear and unobstructed, and are available and ready for their intended use at all times. At a minimum, the parking requirements established in Chapter 17.30 (Off-Street Parking) shall apply, with parking provided at a ratio of one parking stall per vendor plus one parking stall per 1,000 square feet of area encompassing all vendor booths and display areas. With the exception of handicap parking stalls and access to such stalls, which shall be paved, parking areas may be paved or unpaved as approved by the approving authority. For nonpaved areas, private property or otherwise, provided and/or used for any farmer’s market use, dust control measures shall be submitted to

a.

b.

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and approved by the approving authority. c. Parking of commercial vehicle(s) anywhere on a site approved for a farmer’s market use, except temporarily for durations of less than four hours when actively being loaded or unloaded, shall be prohibited, except that longer-term use of a limited number of commercial vehicles may be approved under a Use Permit. d. Additional parking spaces may be required when deemed necessary by the approval authority. e. The operator of any approved farmer’s market use shall ensure that a sufficient number of adequately trained staff are available at each event to properly maintain traffic circulation and control at all times. 6. Miscellaneous Conditions.

a. All pedestrian and vehicular traffic shall be arranged and directed in a manner that ensures the safety of all individuals visiting or participating in the farmer’s market use. b. The farmer’s market use shall not involve the use of commercial vehicles for the display or delivery of materials to or from the premises beyond those commercial vehicles needed by

the vendors for the delivery of their approved merchandise for sale. The use of utilities and community facilities shall be limited to that normally associated with the property's use, except as specifically approved by the approving authority under the applicable permit. No signage of any type or nature shall be placed upon the site, or within the surrounding area, to identify the property as a farmer’s market use except as specifically approved by the approving authority under the applicable permit and shall comply with the provisions of Chapter 17.34 (Signs).

c.

d.

B. Demonstration Gardens

1. Management. A manager shall be designated for each garden who shall serve as liaison between gardeners, property owner(s), and the County.

2. Hours of Operation. Gardens shall only be tended between dawn and dusk. 3. Buildings and Structures. Accessory buildings, such as sheds, greenhouses, and hoophouses are allowed and shall comply with the property development standards of the district. 4. Equipment. Use of mechanized farm equipment is prohibited except as provided below.

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• a. Heavy equipment may be used initially to prepare the land for gardening.

• b. Landscaping equipment designed for household use is permitted.

5. Operational Plan. The applicant shall submit an operational plan that identifies roles and responsibilities, contact information, and operations.

6. Maintenance.

   • a. The operator shall be responsible for the overall maintenance of the site and shall remove weeds, debris, etc. in a timely manner.

• b. Soil amendments, composting, and waste material shall be managed and shall not attract nuisance flies or support growth of flies.

• 7. Composting.

  • a. Compost and compost receptacles shall be located so as not to be visible from a public right-of-way.

  • b. Compost and compost receptacles shall be set back a minimum of 20 feet from residential buildings.

  • c. In Residential Districts, composting is limited to the materials generated on-site and shall be used on-site.

8. Utilities. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

9. Restrooms. If proposed, restrooms shall be connected to public utilities.

• C. Roadside Stands

1. Parking. Stands shall provide at least five accessible and usable off-street parking spaces in addition to one space per employee on a maximum shift.

2. Stands shall be open for a period not to exceed 180 days in any one calendar year

3. Signs. Signs shall be limited to two double-faced signs not to exceed twelve square feet each. No offsite signs shall be permitted.

A. The property owner and/or farmer’s market use organizer shall keep or cause to be kept the property used for the farmer’s market use in a neat, clean and orderly manner at all times. The property owner and/or farmer’s market use organizer shall provide the Community Development Department with written permission that specifies that following the expiration of a written notice from the County to return the farmer’s market use property to its required neat, clean, and orderly manner under the provisions and requirements of this Code and the Conditions of Approval of the approved permit (if applicable), that the County shall have the right to enter and clean, or cause to be cleaned, said property and the cost of such cleaning shall be the responsibility of the property owner and/or farmer’s market use organizer.

B. All landscaping on-site shall be maintained in a neat, clean, weed- and disease-free manner at all times. Where a property is not maintained as specified herein, the property owner shall be required to restore the property and/or landscaping to its required neat, clean, weed- and diseasefree manner under the provisions and requirements of this Chapter and County

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Code Chapter 17.104 (Administration and Enforcement).

C. In accepting the right to operate a farmer’s market use as approved, if the property owner and/or farmer’s market use organizer fails to restore the property and/or landscaping to its required neat, clean and orderly manner, the property owner and/or farmer’s market use organizer with acceptance of the approved permit declares and provides an express permission and consent to the County, or agents acting on its behalf, to enter the property to restore the property and/or landscaping to its required neat, clean, and orderly manner as prescribed in County Code Chapter 17.104 (Administration and Enforcement). All costs of said restoration shall first be withdrawn from the deposit required in Subdivision 17.62.040.D.2 and where the funds in this deposit are insufficient to cover the actual costs of the restoration, a lien shall be placed against the property for the remaining balance.

Markets. Each year on or before the anniversary date of the approval of the permit for the farmer’s market use, the owner(s) shall provide proof to the Community Development Department of an annual safety inspection from the Fire Department. Further, each year on or before the anniversary date of the approval of the

permit for the farmer’s market, the owner(s) shall request, and pay any applicable fee, for an inspection from the County's Building Division.

17.62.070 Outstanding Citations – Farmer’s Markets. A farmer’s market shall not be approved for any applicant (whether individual, company or corporation), or at a location where the property owner, a tenant or lessee, has either of the following:

A. Any combination of two or more outstanding citations of the County Code, or adjudicated citations found in favor of the County by a court of competent jurisdiction, issued within the 24 months preceding the submission date listed upon the permit application and directly or indirectly related to, or similar to, any property, event, activity, or use for which the farmer’s market use application is proposed; or

B. A County Code violation(s) being processed by the County or pending before a Court of competent jurisdiction and directly or indirectly related to, or similar to, any property, event, activity, or use for which the farmer’s market application is proposed.

17.62.080 Penalty for Noncompliance – Farmer’s Markets. A violation of this title shall be enforced as provided for in Chapter 1.10 of the Tuolumne County Code of Ordinances, or other applicable sections of the code.

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