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While everyone has his or her own image of the ideal ~'arm
<br />stand, it is important for land-use regulatory boards to define
<br />what stands are and sec srandazds for their use. Wkh increased
<br />empbsis on direct marketing of agricultural produce, roadside
<br />stands will condrtue to be popular. The goal should be co
<br />far.rn stands co operate where possible, yet establish reasonable
<br />standards to lessen any negative impacts they might have on the
<br />neighborhood and communit"/.
<br />
<br />Definitions
<br />Local zoning commissions can develop shelf own definitions
<br />for ~'arming and farm stands. Local definitions are what the
<br />courts often cite when adjudicating local zoning decisions.
<br />Because a zoning commission has wide Latitude in defining
<br />terms found within its regulations, it is important to review
<br />Four communir,/s zoning regulations to determine how farm
<br />stands are defined and where they are permitted, if ar ail.
<br />While many municipalities allow roadside Arm stands, few
<br />zoning regulations actually define them. For purposes o£
<br />discussion, the following definitions of farm retail outlets are
<br />offered:
<br />
<br />Farm Stand: a small, often open-air structure, situated ar the
<br />side of a road in which agricultural products are publicly
<br />displayed and offered [br sale. its use is generally seasonal.
<br />
<br />Roads/de Marker: a building, generally used year-round, in
<br />which fruits, vegetables, other agricultural products, and
<br />handicrafts are offered for sale.
<br />
<br />Many zoning regulations I/mit what may
<br /> be sold at the stands to agricultural
<br /> products grown on Ihe property
<br />
<br /> which they are sold.
<br />
<br />The most eempo,'a~ or,ran&, the ~,se old pickup rr~,ck for 3'elling sweet
<br />co~v2'~) a common ~'ifhr in [are summer in parrs of fllinois.
<br />
<br />Garden Center: a building and outside sales areas in which
<br />annual plants, potted plants, nurser7 stock, fertilizer, pesticides,
<br />cools, or related items are offered for sale.
<br />
<br />Greenhouse: a structure, covered with transparent material, chat
<br />utilizes solar radiant energ-7 co grow ptants. These structures
<br />have hearing and ventilating equipment for sh~ purpose of
<br />optimum temperature control.
<br />
<br />Overwinrering Structure (hoop house): a wood or metal
<br />frs_me covered with translucent material, such as white
<br />polyethylene ptasric, used solely ro protect nursery stock,
<br />herbaceous perennials, and perennial kerbs from wind and
<br />extreme temperatures during the winter season.
<br />
<br />High Tunnel: a wooden or metal Frame covered with a
<br />transparent material and used over field-grown row crops to
<br />modify the environment and extend the normal growing season.
<br />
<br />Shade House: a wooden or metal flame covered with screen or
<br />lath material used primarily to provide shading for plants.
<br />
<br /> Certain ~krm structures, parricuiar!y chose to which the
<br />public has access, may be defined and addressed in the body
<br />of your state's building code. Building codes provide
<br />standards for, among other items, building materials to be
<br />used (or the structure, safe access and egress, and dectricit¢
<br />plumbing, and fire saree To ~void potential conflicts in
<br />4erm~t~ons and regulatory requirements, a communi~
<br />should review the stare or local building code before revising
<br />irs zoning regulations.
<br />
<br />Gibbons is a~ extension ~dztc~ztor ,tad/.a,d .;tse specialist wi&
<br />O'~iversiry of ~on'~ecviar (~overarive E:crension ~Sysrem.
<br />
<br />S,~sie's Garden Parc,O, a small, ou~-o/:rhe-way mar/eec, sir, behind the
<br />railroad :racks along U.S. i{oure 20 in Garden .Prairie, [llinois, wesr of
<br />Rock/ord. )/ore the o~trdoor bins for items like quash.
<br />
<br />Ifems Sold
<br />Historically, farmers erected stands near the road co sell the
<br />products of their [and to persons passing on the public way or co
<br />customers attracted by advertising. Such stands seem clearly to
<br />be commercial uses. However, t_hey have been distinguished
<br />from other retail businesses'by the ~ict char ~e products sold
<br />were raised on the [and on which the stand is located. Lancaster
<br />Count-/, Nebraska, ibc instance, limits roadside stand operation
<br />to no more than ~80 days in any given year. Many zoning
<br />regulations limit what may be sold ar she stands to agricultural
<br />products grown on she property on which they are sold. Other
<br />regulations stipulate chat a certain percentage of products sold
<br />must be grown on the [and where :he stand is located. Others
<br />provide that products sold must be grown on the sire of the
<br />stand, on adjacent contiguous puree!s, or on other agricultural
<br />parceis in the count,/or state char are owned or leased by the
<br />
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