Chapter 19.42
FARMERS’ MARKETS IN RESIDENTIAL DISTRICTS
Sections:
19.42.010 Purpose and application.
19.42.030 Allowed locations in residential districts and permitting process.
19.42.040 Operating standards.
19.42.010 Purpose and application.
The purpose of this chapter is to allow small local farmers’ markets to be located in residential districts at appropriate locations. These local markets would provide greater access for the community to healthy food; enhance the sense of community in livable neighborhoods; encourage walking instead of driving and generate economic benefit to the community. The intention is to serve local households within the neighborhood of the market. Limits on the scale of these markets are needed to avoid significant adverse impacts to individual neighborhoods.
This chapter is applicable to the R-1, R-2, R-3, R-4 and TNR zoning districts. (Ord. 3338 § 1, 2017; Ord. 3324 § 1, 2016).
19.42.020 Definitions.
“Farm products” means fruits, vegetables, mushrooms, herbs, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, cheese, and other dairy products), and fish.
“Farmers’ market” means a market at a fixed location, open to the public, operated by the property owner or the full-time lessee of the property or, in the case of schools and parks, by a market operator selected by that property owner. Vendors who regularly participate during the market’s hours of operation are producers, or family members of producers. Only farm products and value-added farm products are sold. No alcohol products or marijuana infused products shall be sold.
“Places of worship sites” means a property that includes a special purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.
“Producer” means a person or entity that raises or produces farm products on land that person or entity farms and owns, rents, or leases.
“School” means an institution of learning for minors, whether public or private, offering regular course of instruction required by the Washington Education Code. This definition includes kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education.
“Value-added farm product” means any product processed by a producer from a farm product, such as baked goods, jams, and jellies. (Ord. 3338 § 1, 2017; Ord. 3324 § 1, 2016).
19.42.030 Allowed locations in residential districts and permitting process.
Farmers’ markets are allowed in the locations given below, subject to the following permitting processes:
(1) Schools and places of worship sites. The city’s community development director or his/her designee (“director”) shall approve, approve with conditions or deny a farmers’ market permit based on findings that all of the operating standards in LMC 19.42.040 are satisfied.
(2) City parks and facilities. The park and recreation director or his/her designee is responsible for making the decision. In general, farmers’ markets in city parks and facilities should meet the operating standards given in LMC 19.42.040. The city is not obligated to allow farmers’ markets in city parks and facilities.
(3) Private property that is two acres or more in size. Farmers’ markets in these locations are subject to the following:
(a) Approval of a special property use permit per LMC 19.12.050;
(b) Conformance to LMC 19.42.040.
The appeal board of adjustment is the deciding body for approving the special property use permit for farmers’ markets. The community development director or his/her designee is responsible for ensuring the farmers’ market operations are consistent with any conditions of the special property use permit and the operating standards given in LMC 19.42.040. (Ord. 3338 § 1, 2017).
19.42.040 Operating standards.
Farmers’ markets in residential zoning districts are subject to the following operating standards:
(1) No more than 10 vendors shall be selling at the market at any one time. The outdoor activity area shall be no more than 5,000 square feet in size;
(2) Activities related to a farmers’ market shall not occur on the property more than 53 days each property tax assessment year. Activities related to a farmers’ market (including set-up and tear-down times) shall not occur between the hours of 8:00 p.m. and 9:00 a.m.;
(3) Where available, parking for vendors and customers should be off street;
(4) The use provides adequate vision clearance and shall not obstruct pedestrian access on public streets;
(5) Ingress and egress are safe and adequate when combined with the other uses of the property;
(6) The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use;
(7) The use shall not take place on public right-of-way;
(8) The use must conform to setbacks of the zone where it is located unless otherwise approved by the director;
(9) No use shall utilize any handicap parking stalls;
(10) Only one on-site temporary nonilluminated sign (e.g., sandwich board or A-frame sign) is allowed per street frontage. The temporary sign(s) size shall have no more than two faces with each face no larger than 12 square feet in size. The sign(s) must be completely removed from street and neighboring properties’ view during off hours and out-of-season times. No off-site signs are allowed and the temporary sign(s) shall not be placed on street rights-of-way. In addition, banners, advertising flags, streamers or clusters of pennants, balloons and other temporary signage placed outside are prohibited; and
(11) Each year, before the market begins, a site plan (application) shall be submitted to the community development department along with a review fee as provided in Chapter 19.06 LMC. The site plan shall demonstrate how the above operating standards will be met. (Ord. 3338 § 1, 2017; Ord. 3324 § 1, 2016. Formerly 19.42.030).