§ 18.60.240 — Certified Farmers' Markets

A. Purpose and Intent. The purpose of this Section is to regulate permanent Certified Farmers’ Markets. The intent of these regulations is to encourage Certified Farmers’ Markets that are compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance. F. Terms. Terms that are defined or described by the provisions of Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code, and related regulations, as the same may be amended from time to time, are intended to have their same meaning under the provisions of this Section, unless a different meaning is expressly specified for that term in this Zoning Code. G. Small Certified Farmers' Markets - Development or Event Permit Exemption. Notwithstanding the provisions of Chapter 18.122 (Temporary Use Permits) no Development or Event Permit shall be required for a certified farmers' market that meets all of the following criteria: 4. The certified farmers' market comprises 25 or fewer certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market in compliance with State and local laws and regulations, as the same may be amended from time to time; and 5. The certified farmers' market does not occupy an area greater than 24,000 square feet. 6. In addition to the maximum of 25 certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market as specified above, a small certified farmers' market may also include up to one vendor of nonagricultural products located near a small certified farmers' market, in the manner allowed by laws and regulations of the State and County as the same may be amended from time to time, for every five certified producers or producers of agricultural products at the small certified farmers' market. H. General Certified Farmers' Markets - Permit Required. Notwithstanding the provisions of Chapter 18.122 (Temporary Use Permits), any certified farmers' market comprising 26 or more certified producers or producers of agricultural products allowed to be sold or offered for sale at a certified farmers' market, or a certified farmers' market that does not meet the requirements described in Subsection C., above, shall first obtain a Minor Use Permit in compliance with Chapter 18.114 (Conditional and Minor Use Permits) before the commencement of any operation of the certified farmers' market. I. Residential Zoning Districts - Locational Limitations. Certified farmers' markets, including small certified farmers' markets, located in residential zones are allowed to operate only at school sites, library sites, community center sites, or church/religious assembly sites. J. Operational Requirements - General. 7. It shall be unlawful for any person or any certified farmers' market, including small certified farmers' markets, to operate in a manner that does not fully comply with the provisions of this Zoning Code, including without limitation the operational requirements specified in this Section. 8. Each and every certified farmers' market, including small certified farmers' markets, and each and every certified producer, producer or other vendor at a certified farmers' market or small certified farmers' market shall fully and timely comply with all of the following operational requirements: c. All operations shall fully comply with all Federal, State and local laws, regulations, and guidelines including without limitation those applicable to the certified farmers' market operations, including without limitation the California Health and Safety Code, the California Food and Agricultural Code, and all regulations and guidelines promulgated by the State and the County thereunder, as the same may be amended from time to time; d. All activities, and the duration of those activities, shall first have been approved and authorized by the owner of the real property on which those activities are planned to occur; e. Any and all permits or approvals from the Building Division or Fire Department for any tents or other temporary structures shall have first been obtained before the commencement of use of the tents or temporary structures; and f. All certified farmers' markets, including small certified farmers' markets, and each certified producer, producer and/or other vendor shall completely remove all equipment, merchandise, and other materials, including without limitation waste materials, from the site upon of the conclusion of their respective activities, excepting interior storage of equipment, merchandise, or materials as may be allowed on the site with the permission of the owner or operator of the site. K. Small Certified Farmers' Markets - Operational Requirements. In addition to the operational requirements specified in Subsection F, above, a small certified farmers' market, and each certified producer, producer of agricultural products, or other vendor at a small certified farmers' market, shall at all times conform to and comply with the following additional operational requirements and shall so conform and comply in order to qualify as a small certified farmers' market: 1. Shall not operate more than two days per calendar week at the same location; 2. Shall neither operate, including any setup or breakdown activities, more than six hours per day nor between the hours of 9:00 p.m. and 7:00 a.m.; 3. Shall operate only on paved surfaces and not on landscaped areas nor adversely impact any landscaping or landscaped areas; 4. Shall not offer for sale or otherwise distribute any alcoholic beverage; 5. Shall not use amplified sound for any purpose; 6. Shall operate as a physically cohesive collection of vendors on a site, excepting only those limited physical separations as may be required by State or local law for vendors of non-agricultural products located near a certified farmers' market; 7. Shall not obstruct the safe flow of vehicular or pedestrian traffic on or around the site; and 8. Shall have secured with the property owner of the site on which the certified farmers' market plans to operate, and before the commencement of any operation of the certified farmers' market, provision for all of the following services in a manner that comports with State and local laws and regulations, as the same may be amended from time to time: a. Refuse disposal and sufficient trash and recycling receptacles within the area of the certified farmers' market; b. Litter removal within and within 300 feet of the boundaries of the certified farmers' market; and c. Access to adequate sanitary facilities, including restrooms and/or portable sinks and toilets. L. Locational Limitations. 1. It shall be unlawful for any person to allow, in a direct, indirect, or passive manner, a small certified farmers' market to operate at a particular site for more than two days per calendar week. 2. It shall be unlawful for any person to operate, or to allow in a direct, indirect, or passive manner the operation of, a small certified farmers' market on a vacant parcel. Every small certified farmers' market shall operate only on a site with an existing fixed-base host in operation on the site.