22.30.510 Roadside stands.

These standards apply to the retail sale of agricultural products except hay, grain and feed, in open structures constructed for agricultural product merchandising. Hay, grain and feed sales are subject to Section 22.30.210 (Farm Equipment and Supplies). Sales from vehicles and seasonal sales are subject to the applicable provisions of Section 22.30.330. The standards of this section apply in addition to all applicable permit requirements and standards of the county health department, and any other applicable Federal and State statutes or regulations. It is recommended that applicants contact the county health department as early as possible to determine if any additional standards apply.
A. Limitation on Use.
1. Residential Suburban Category. When temporary stands are located in the Residential Suburban category, at least fifty percent of all products for sale must be grown on the site of the stand, on adjacent contiguous parcels, or on other parcels owned or leased by the owner of the site on which the stand is located. Products from adjacent contiguous properties, not owned or leased by the owner of the site on which the stand is located, may make up the remaining fifty percent. Proof of ownership or lease of the subject parcel(s) shall be provided at the time of land use permit application submittal. The sale of other than agricultural products is not permitted. Permanent roadside stands are not allowable in the Residential Suburban category.
2. Agriculture, Rural Lands, Residential Rural or Recreation Categories. At least fifty percent of all agricultural products for sale must be grown on the site of the stand, on adjacent contiguous parcels, or on other parcels owned or leased by the owner of the site on which the stand is located. Proof of ownership or lease of the subject parcel(s) shall be provided at the time of land use permit application submittal. The sale of other than agricultural products is limited to agricultural-related items and packaged food, which are not to exceed ten percent of all products for sale.
3. Temporary Stands. A temporary roadside stand is a facility where retail sales are conducted for a period less than one hundred twenty days per year. A temporary stand that becomes vacant or unused for a period exceeding sixty days shall be entirely removed from the site, or authorized as a permanent stand, unless otherwise authorized by the land use permit approval. Re-establishment of a temporary stand previously authorized by a land use permit does not require a new permit, provided that all structures and parking areas are exactly as originally approved, and a building permit is obtained if required by the Building and Construction Ordinance (Title 19 of the County Code).
B. Notice and Hearing Requirements.
1. Public Notice. For permanent stands in the Residential Rural land use category or any stand in the Recreation land use category, notice shall be provided to owners of property within three hundred feet of the exterior boundaries of the site. The notice shall be provided not less than ten days before the date of action on the site plan review in compliance with Section 22.02.032. The notice of a site plan review shall declare that the application will be acted on without a public hearing if no request for a hearing is made in compliance with Subsection B.2.
2. Public Hearing. No public hearing shall be held on the application for a site plan review, unless a hearing is requested by the applicant or other affected person. Such request shall be made in writing to the director no later than ten days after the date of the public notice provided in compliance with Subsection B.1. If a public hearing is requested, the roadside stand shall be subject to minor use permit approval and the director shall provide notice of the public hearing for the minor use permit in compliance with Section 22.62.050.
C. Location. A roadside stand in a residential category shall have frontage on a collector or arterial road. A roadside stand in other than residential categories may be located on a local road or private easement.
D. Sales Area Limitation. The floor area of the structure and any outdoor display area shall be limited to a total of five hundred square feet, unless otherwise authorized by minor use permit approval.

	Minimum Setback and Parking Requirements
Type of Stand	Front Setback	Side and Rear Setbacks	Parking (1)

Temporary	10 foot (2)	30 feet, but no closer than 400 feet from any dwelling outside the ownership of the applicant (4)	3 off-street spaces
	OR
	25 foot (3)
Permanent	50 foot	30 feet, but no closer than 400 feet from any dwelling outside the ownership of the applicant (4)	5 off-street spaces (5)