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owner of :he site on which the sca_nd is located. Still other
<br />communities mandate that sales be limited to locall7, regionally,
<br />or stare-grown produce.
<br /> Some communities limit sales to crops or edible products.
<br />Stanislaus County, California, .stares chat'stands "may o~7 sell
<br />raw, unprocessed ~'ruits, ,~e[etables, nuts, and other agricultural
<br />produce in its raw stare.' Others-permit a wider range of items
<br />including manufactured products, handcrafts, and baked goods,
<br />but some also permit the sale of processed products such as ice
<br />cream made from milk produced on the f'arm. Other
<br />"improved" product sold ar farm stands include dressed, cured,
<br />or packed meat; dried herbs and flowers; churned butter and
<br />cheese; and botded or packaged products such as relishes,
<br />dressings, jams, jellies, maple syrup, and honey.
<br /> Any edible products prepared on the premises must meet
<br />local and stare ~'ood-prepararion standards. While limiting sales
<br />to produce grown on the farm may seem simple enough, ir can
<br />cause problems for zoning enfbrcemenr officers. Trying
<br />determine the origin of a particular bushel of corn or jar of
<br />honey may prove impractical to a zoning enforcement officer
<br />who generally deals with more concrete measurable issues such
<br />as the correct placement of structures on a
<br />
<br />Si2e of Stand
<br />The size of the stand will depend on the grower's type and scale
<br />of operation. Some stands are nothing more than tables or
<br />wheelbarrows filled with produce. Others use horse-drawn
<br />wagons or push carts that are filled with produce each morning
<br />and removed from the roadside ar night.
<br /> Most towns permitting.farm stands set limits on their size.
<br />A typical stand consists of~imp~e, one-story, wood frame
<br />construction ranging in size from a 10-foot-by-10-foot shed to
<br />more elaborate buildings of 2,000 square feet or more. East
<br />Jordan, Michigan, stipulates that roadside stands shaft not
<br />exceed 400 square feet. Ma-ny stands are sheds built on skids so
<br />they can easily be removed after the harvest seasoix. Genoa
<br />Township, gridgeton, Michigan, Fequires that "eke stand be of
<br />portable construction, permitting ir to be removed from its
<br />roadside [ocarion during the seasons ir is nor in use."
<br /> Some regulations sram char the stand may contain no space
<br />for customers within the structure itself. Others perm& stands to
<br />be placed within existing barns or accessory buildings, as long as
<br />the modification will retain or improve the structure's
<br />appearance. Some towns limit the materials of which the stand
<br />can be made, for example, requiring the use of wood.
<br />
<br />Setback Requirements
<br />Most regulations set minimum lot-size requirements for farming
<br />operations and mandate char farm structures be set back ~'rom
<br />the public right-of-way or property lines. Setback requirements
<br />can.vary gready from l0 ro 200 feet or more. Some regulations
<br />require ~'arm stands Fo conform Fo the same setback
<br />requirements for all structures within the zoning district. Some
<br />communities say the stand must be set back from dwellings on
<br />adjacent lots, wetlands, road intersections, err. Setback
<br />requirements often apply to signsas well as the stand.
<br />
<br />Signs
<br />
<br />Some communities Limit the number, type, location, and size of
<br />sigr~s. From the ~'armer's perspective, signs are important ro let
<br />customers know the stand mxisrs and what is sold Fhere. Several
<br />regulations require that all signs be temporary, located on the
<br />
<br />srand's sire, not in the public right-of-wa7. They a/so I/mit rke
<br />number of signs co one or two; most prohibit illuminated signs.
<br />Some permit bock wall-mounted.and free-standing signs.
<br /> Other regulations stare that signs must be located behind the
<br />fronryard setback, be flush against the stand, or wir. hin 10 ro 20
<br />feet of the stand. Permitted sign sizes range cato to 64 square feet,
<br />with.32 square feet a common standard, as ir allows use off four-
<br />by-eight plywood panel. One Connecticut town limits the aumber
<br />of'farm stand signs ro two, not aggregating over 1'2 square feet,
<br />which must be located on the srand's premises and set back 10 feet
<br />from the public right-of-way. Many regulations require that farm
<br />stand signs be removed when the stand is nor in operation.
<br />
<br />Roadside Market
<br /> ~ A.roadside market is a structure for the display and sale of
<br /> agricultural products grown on the sire ont% with no space for
<br /> customers within the structure itself. (Normal, HI.)
<br />
<br /> ~ A building or structure used for the retail sales of fresh fruits;
<br /> ~regerables, flowers, herbs or plants. May also involve the
<br /> accessory sales of other unprocessed r%odstuff5, home processed
<br /> food products such as jams, jellies, picldes, sauces or baked
<br /> goods, and home-made handicrafts. The floor area devoted ro
<br /> the sales of these accessory, items shall not exceed 50 percent of
<br /> the coral sales area. No commercially packaged hand/crafts or
<br /> commercially processed or packaged foodstuffs shaft be sold ar a
<br /> roadside stand. (Gotham, Maine)
<br />
<br /> , A structure erected ibc the d/splay and sale of agricultural
<br /> products and may or may for be located on. a zoning lot where
<br /> the principal use is agricultural. Requires appropriate
<br /> commercial zoning; and must comply with all site and structure
<br /> provisions of the applicable zoning district and may sell up to
<br /> five products not of an agricultural nature. Products ~old are
<br /> generally grown off the zoning tot where such stand is located.
<br /> 3m accessory, farmsrand is a structure erected for the d/splay and
<br /> sale of agricultural products no more than one story' in heigkr
<br /> and 500 square feet in retail floor area and located on a zoning
<br /> loc where the principal use is agriculmral.(Gurnee, I11.).
<br />
<br />Farm Stand
<br />~ A temporax~/structure nor permanently affixed to the ground
<br /> and is readily removable in irs enrire~, which is used solely for
<br /> the display or sale of farm products produced on the premises
<br /> upon which such roadside stand is located. No roadside stand
<br /> shall be more chun 300 square feet in ground area, and there
<br /> shall nor be more chun one roadside stand on any one premise.
<br /> (Madison, Wist.)
<br />
<br />~ A temporary building or structure, not ro exceed a gross floor
<br /> area of five hundred (500) square feet, from Which agricultural
<br /> products produced on the premises are sold. (Lovetand, Colo.)
<br />
<br />Stand
<br />
<br />· , A structure for the display and sale of products with no space for
<br /> customers within rhe structure itself. (Ocean Shores, Wash:)
<br />
<br />~ Any cart table, equipment, or apparatus which is not a
<br /> structure, which is designed and intended so. as to nor be a
<br /> permanent fixture on a lot, and which is used ~'or the recall sale,
<br /> display, and accessory advertising of merchandise or food.
<br /> (Philadelphia, Da.)
<br />
<br />Source: Michael Davidson and Fay Oninick, eds. Zoning and Plann ng Del n lions, Forthcoming
<br />Winter 2003) PAS Re,orr.
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