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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. Golden Valley City Code Page 1 of 4 § 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. Golden Valley City Code Page 2 of 4 § 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. Golden Valley City Code Page 3 of 4 § 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 Golden Valley City Code Page 4 of 4