11.78 - Seasonal Farm Produce Sales § 11.78
Section 11.78: Seasonal Farm Produce Sales
Subdivision 1. Purpose
In acknowledgment of the public benefit to be gained by providing urban residents
with convenient and cost-effective access to rural farm produce, the purpose of this
section is to establish guidelines for the permitting of temporary agricultural sales
sites. As a mature, inner ring suburb, Golden Valley lacks suitable permanent or
long term open space sites to devote to such sales activity. Therefore, it is the
intent of this section to modify certain zoning requirements specifically for the uses
contemplated by this section, while still maintaining a level of regulation that
protects the general public health, safety, and welfare.
Subdivision 2. Requirements
A. For All Sales Operations.
1. No such operation shall take place in a zoning district for which it is not
listed as a permitted use.
2. No such operation shall take place without first obtaining a permit for the
sale premises in accordance with the provisions of this section.
3. Receiving such permit does not excuse the vendor from meeting other
applicable local, state, or federal licensing or permitting requirements.
4. No such permit shall be good for more than forty-five (45) consecutive
days. This shall include each day, or any part thereof, during which any
structure, equipment, or merchandise can be found at the sale premises,
regardless of whether any actual sales transactions occur on that day.
However, a single permit may be issued for a period of up to six (6)
months at a time provided that the operation so permitted occupies the
same site according to a regular schedule not to exceed two (2) days or
portions thereof per week and also provided that the operation so
permitted completely vacates the premises on those days or portions
thereof when not scheduled to conduct sales transactions.
5. No sales transactions or promotional efforts shall take place within any
part of a public right-of-way or within twenty-five (25) feet of any street
property line.
6. Sales operations may be located within side or rear setback areas
provided that any damage to or alteration of landscaping elements is
subsequently corrected, and providing that written consent is obtained
from the owners of any nonresidential property located with fifteen (15)
feet of the actual sales site and any residential property located within
fifty (50) feet of the actual sales site, and providing that the City review
staff find no potentially hazardous situations that could occur because of
the location of the sales site.
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§ 11.78
7. Up to twenty-five percent (25%) of the area occupied by a sales operation
may be used for the storage and sale of processed agricultural products
such as honey, juices, or hand-crafted decorative display items if, in the
judgment of the City review staff, the amount and type of processing still
meets the intent of this section.
Source: Ordinance No. 127, 2nd Series
Effective Date: 4-27-95
*B. For Sales Operations Occupying Sites of one hundred eighty (180) Square
Feet in Area or Less.
1. The area occupied by a sales operation shall be calculated to include any
structure, vehicle, equipment, and merchandise storage or display area,
plus an extra two (2) feet of clear space beyond the limit of such
elements at any location where customer circulation can be expected to
occur. In no case may an individual sales operation exceed one hundred
eighty (180) square feet.
2. There shall be no on-site parking required for the sales operation itself,
but it shall not impede normal on-site vehicular circulation. The submitted
plan shall clearly demonstrate that adequate off-street parking for the
proposed event can and will be provided for the duration of the sale.
Determination of compliance with this requirement shall be made by the
City Inspections Department, which shall consider the nature of the sale
and the applicable parking requirements of this Ordinance. Consideration
shall be given to the parking needs and requirements of other occupants
in the case of shopping centers and multi-tenant buildings. Parking on
public right-of-way and streets is prohibited.
*C. For Sales of Christmas Trees Occupying Sites of one hundred eighty (180)
Square Feet or More.
1. The calculation of area shall be performed in the same manner as for
paragraph B(1) above.
2. Parking shall be based on the same considerations as found in paragraph
B(2) above.
Source: Ordinance No. 272, 2nd Series
Effective Date: 10-25-02
(*Items 83 and C3 omitted)
Subdivision 3. Applications
A. Required Elements of Application. In order to be accepted for review, all
applications for seasonal farm produce sales operations shall include the
following:
1. An official application form.
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§ 11.78
2. A licensing fee in an amount established by City Council resolution.
3. Written consent of adjacent property owners, when required under the
terms of this section.
4. A scalable site plan indicating:
a. the exact dimensions and proposed location of any booth, tent,
vehicle, rack, barrel, or other structure or equipment;
b. all landscaping elements within ten (10) feet of the proposed site; and
c. exact distance from the site to any property lines within twenty-five
(25) feet.
5. Drawings or photographs of any structures, vehicles, or equipment to be
used for the sales operation.
6. A parking and circulation plan showing how the proposed site meets the
requirements of this section with regard to parking and on-site vehicular
circulation.
7. Drawings or photographs of any signs to be used for the sales operation,
along with information on proposed sign size and location.
8. If the proposed sales hours are to extend after dark, a lighting plan
showing how adequate light will be provided for the sales operation in
such a way as to minimize any potential hazard or distraction to others.
B. Application Process.
1. The completed application for any proposed sales operation shall be
turned into the City's Inspections Department at least three (3) weeks
prior to the intended date of commencement of sales activity.
2. One party, which may be either a sales operator or a property
owner/manager shall be identified on the application as the applicant.
However, the application and the permit, if issued, shall be signed by and
considered binding on any involved operator and any
owner(s)/manager(s) of property to be occupied by the sales operation.
3. The application process shall be coordinated through the City's
Inspections Department. In addition to a designated staff member of that
department who shall direct the process, the application may be reviewed
by the Physical Development Department as necessary to ensure that the
intent of this section is met.
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§ 11.78
4. After considering all elements of an application, the review staff will notify
the applicant of any revisions that might be necessary in order to gain
permit approval. The permit, if issued, shall identify the sales operator
and the approved dates for the sale, and shall specify all conditions
governing the sales operation with regard to each element of the
application.
5. A permit may be denied if a proposed sales operation cannot meet the
conditions established by the review staff.
6. A permit may be revoked after issuance if the operator or property
owner(s)/manager(s) fail to adhere to the specified conditions.
Source: Ordinance No. 127, 2nd Series
Effective Date: 4-27-95
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