Section 40.260.025

40.260.025 Agricultural Stands and Markets

A. Purpose.

1. Encourage activities that support, promote, sustain and enhance agricultural operations and production.

2. Support the commercial viability of small-farm operations by allowing farmers entry into direct marketing of their farm products.

3. Differentiate between roadside farm stands and agricultural markets.

4. Increase residents’ access to locally grown agricultural products.

5. Promote the continued use of agricultural lands by allowing farm operations to generate supplemental income through activities that are compatible with the continued use of land for agricultural production.

B. Applicability.

1. Provisions of this section apply to roadside farm stands and agricultural markets, as defined in Section 40.100.070; provided, however, that existing agricultural markets/stands not legally established will be hereinafter forgiven.

2. Living history farms listed on the Clark County Heritage Register are exempt from these regulations.

C. Roadside farm stands which meet the following standards are exempt from land use review by the county:

1. General Requirements.

a. Sales are limited to agricultural products grown on the site and other farm operations in the local agricultural area.

b. Operator of roadside farm stand must obtain permission from owner of the property upon which the stand will be located.

c. Compliance with Chapter 40.386 (Stormwater and Erosion Control) and Chapter 13.26A; Subtitle 40.4 (Critical Areas and Shorelines); and Titles 14 (Buildings and Structures), 15 (Fire Prevention), and 24 (Public Health) is required, if applicable. No building permit is required.

d. One (1) farm stand is allowed for each legal lot of record owned or leased by the stand operator. A maximum of three (3) stands may be combined at one (1) central location provided the cumulative requirements in Sections 40.260.025(C)(2), (4) and (6) are met.

2. Parking.

a. Off-street parking for at least two (2) vehicles shall be provided on the parcel upon which the farm stand is located. Compliance with Chapter 40.340 is not required.

b. On-street parking is allowed only when the adjacent road, street or highway includes a parking lane.

3. Access. Ingress and egress to roadside farm stands obtaining access from a public road must be from an existing driveway unless a road approach permit is obtained.

4. Size. The maximum display and sales area allowed for roadside farm stands is one thousand (1,000) square feet.

5. Setbacks. Minimum setbacks for structures or sales display areas shall be twenty (20) feet from any property line, public right-of-way or private access easement, if applicable.

6. Signage.

a. Off-premises signs are allowed provided permission is obtained from owner of the property upon which the sign will be located;

b. Signs associated with roadside stands shall not be illuminated or create a hazard to traffic;

c. Any sign associated with a roadside farm stand shall not exceed eight (8) feet in height unless a building permit is obtained; and

d. Sign permits are not required for signs associated with roadside farm stands.

7. Sales.

a. The sale of incidental retail items shall be supplemental but subordinate to the principal use of the stand in support of ongoing commercial agricultural operations.

b. Food service is permitted subject to the requirements of Section 40.260.245(D)(3).

(Amended: Ord. 2015-11-24)

D. Agricultural markets are allowed subject to the following standards:

1. General Requirements.

a. The market shall be operated by owner(s) or lessee of property upon which the market is located.

b. The parcel upon which the market is located shall be actively managed for agricultural production, or the parcel owner owns or leases other local parcels currently in agricultural production.

d. An agricultural market shall cease operation when the parcel upon which it is located is developed, is no longer in agricultural production, or the parcel owner no longer owns or leases other local parcels that are in agricultural production.

2. Sales.

a. A majority of fresh and value-added farm products sold shall be grown or produced on the market owner’s farm operation, or on other farms in the local agricultural area. As used in this section, “value-added farm products” include jams, syrups, apple cider, animal products, and other similar items that have been processed and converted into another product.

b. The sale of incidental retail items shall be subordinate and supplemental to principal use of the market in support of ongoing commercial agricultural operations.

c. Agritourism activities promoting the sale of farm crops are allowed provided they are supplemental to and compatible with continued use of the property for agricultural production. These activities may include, but are not limited to, corn mazes, pumpkin patches, farm animal viewing and petting, wagon rides, farm tours, harvest festivals, hayrides, educational activities and tours, and other agriculturally related similar experiences.

d. Food service is permitted subject to the requirements of Section 40.260.245(D)(3).

3. Parking.

a. With exception of the paved parking requirement set forth in Section 40.340.010(A)(8), agricultural markets shall comply with off-street parking standards set forth in Section 40.340.010.

b. On-street parking is prohibited.

4. Driveways.

a. Driveways to the property shall have a minimum twenty-four (24) foot wide approach from a public or private road.

b. Where connecting to a paved street, whether public or private, a driveway in urban areas shall be paved twenty-five (25) feet back from the nearest edge of the traveled lane. Driveways in rural areas shall be paved twenty (20) feet from the nearest edge.

5. Private Road. Agricultural markets located on a private road shall mitigate for impacts to the road created by the market. Evidence of mitigation may be demonstrated through a neighbors’ agreement provided at time of application. For purposes of the agreement, “neighbors” shall include a majority of all who are entitled to use the private road. Impacts to be addressed include but are not limited to dust, smoke, lighting, noise, trip generation and road maintenance.

6. Building Size. The maximum cumulative building area that may be used for sales and display of product in an agricultural market is as follows:

Size of Farm Operation	Maximum Square Footage
Less than 10 acres	4,000 square feet
10+ to 20 acres	8,000 square feet
20+ acres	12,000 square feet

7. Setbacks. Buildings used as an agricultural market shall be set back twenty (20) feet from any front property line, public right-of-way or private access easement. Side and rear setbacks shall be those of the zone district in which the market is located.

8. Noise. Activities associated with agricultural markets shall comply with the environmental noise levels established in Chapter 173-60 WAC.

9. Lighting. All lighting associated with the market shall be consistent with RCW 47.36.180 on public roadways, and shall not cast significant light or glare off site on adjacent properties.

10. Signage.

a. Off-premises signs are allowed provided permission is obtained from owner of the property upon which the sign will be located.

b. Signs associated with agricultural markets shall not be illuminated or create a hazard to traffic.

c. Sign permits are not required for signs associated with agricultural markets. Building permits are required for signs exceeding eight (8) feet in height.

11. Approval Process. Prior to commencing operation, an agricultural market shall first obtain a permit.

a. Submittal Requirements.

(1) An accurate drawing which shows location of property lines, size and type of structure containing the agricultural market, setbacks of the structure, off-street parking areas and driveways.

(2) Size and location of properties, both owned and leased, that are actively farmed by the market operator.

(3) For any off-premises sign, documentation showing that permission has been obtained from owner of the property upon which the sign will be located.

(4) A completed agreement signed by property owner(s) of record agreeing to comply with agricultural market requirements.

(5) A management plan addressing issues in Sections 5.32.040(8) and (11) if agritourism activities that exceed five hundred (500) attendees at any given time to promote the sale of farm crops are being proposed.

(6) Payment of the applicable fee.

b. An agricultural market is subject to a Type I review process if:

(1) The market takes access from a public road; or

(2) The market takes access from a private road and the neighbors’ agreement in Section 40.260.025(D)(5) is submitted with the application.

c. An agricultural market shall be subject to review under a Type II process if the market takes access from a private road and the neighbors’ agreement in Section 40.260.025(D)(5) is not submitted with the application.

(Amended: Ord. 2012-06-02; Ord. 2015-11-24)