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 23.08.048 (Farm equipment and supplies). Sales from vehicles are subject to subsection (e) of Section 23.08.142 (Sales from Individual Vehicles), seasonal sales are subject to subsection (f) of Section 23.08.142 (Seasonal Sales). The standards in 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 the county health department be contacted by the applicant as early as possible to determine if any additional standards apply.
(1) Limitation on Use.
(A) Residential Suburban Category. When temporary stands are located in the residential suburban categories, 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.
(B) 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.
(C) 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 is to 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 this code).
(2) Permit Requirement.
(A) Agriculture, Rural Lands, Residential Rural and Recreation Categories. Zoning clearance approval for a temporary stand, minor use permit approval for a permanent stand;
(B) Residential Suburban Category. Minor use permit approval.
(3) Location. A roadside stand in a residential category is to 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.
(4) Sales Area. To be limited to five hundred square feet, which is to include the entire floor area of the structure, as well as any outdoor display area unless otherwise authorized by minor use permit approval.
(5) Setbacks and Parking.

Notes:
¹ Parking shall be located outside of the public road right-of-way.
² Except when parking is proposed in front of a stand.
³ When parking is proposed in front of a stand to assure safe parking in front of or nearby the stand.

⁴ If it is not possible to maintain 400 feet from a dwelling outside of the ownership of the applicant, an adjustment pursuant to Section 23.01.044 may be granted to reduce the setback to no less than 100 feet.

⁵ Located in an off-street area accessed by a driveway a minimum of 18 feet wide. The parking area for a permanent stand is to be surfaced with crushed rock, chip seal or paving.
(Ord. 2881 § 40, 1999; Ord. 2715 §§ 105, 106, 1995: Ord. 2635 § 1, 1993: Ord. 2592 § 9 (part), 1992)