Amendment 187 Roadside Stands
Amend
Section 3.2 Definitions to revise the definition of roadside stand to read as
follows:
Section
3.2 Definitions
Farm
Market: A farm market is a place
or an area where transactions between a farm market operator and customers take
place. Farm markets may be operated within a physical structure, such as a
building, and are considered part of a farm operation. Farm markets may operate
seasonally or year-round and must be located upon land that is zoned agriculturally.
Farm markets include but are not limited to roadside stands, farm processing
facilities and food processing facilities as further defined within this
Ordinance.
Farm
Product: Those plants and animals
useful to humans produced by agriculture and includes, but is not limited to,
forages and sod crops, grains and feed crops, field crops, dairy and dairy
products, poultry and poultry products, cervidae, livestock (including breeding
and grazing), equine, fish and other aqua cultural products, bees and bee
products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery
stock, trees and tree products, mushrooms and other similar products, or any
other product which incorporates the use of food, feed, fiber, or fur as
determined by the Michigan Commission of Agriculture.
Roadside Stand: A roadside stand is an area or structure used for
displaying and selling farm products and may operate seasonally or year-round.
Amend Section 6.7.2 Uses
Permitted by Right: (8) roadside stands to read as follows:
Intent and Purpose: The intent and purpose of this section is to regulate
the sales of farm products located within the agricultural community. The
operation of such a business should minimize negative impacts upon the existing
community health, safety and welfare including but not limited to traffic flow,
aesthetics and site design. Items which require permitting from the Michigan
Liquor Control Commission are not intended to be sold at a Roadside Stand.
Roadside Stands Regulations: Except
as otherwise permitted in this Ordinance, roadside stands shall be subject to
the following regulations.
A.
Must be located on property owned
or controlled by the producer of the products sold and shall only be allowed to
operate on land that is zoned agriculturally.
B.
The roadside stand shall not
exceed one hundred-fifty (150) square feet in area. The area utilized for the
roadside stand may be located within an existing larger structure under the
condition that said structure is in compliance with the setback requirements of
the agriculturally zoned district.
C.
Awnings may be used on a maximum
of three (3) sides of the structure with no more than four (4) feet of projection
as measured from the stand structure. In the event that the roadside stand is located
within a larger structure, the awning shall only be allowed upon that portion
of the structure which is designated for the operation of the roadside stand.
D.
Roadside stands shall be required
to provide a minimum of two (2) parking spaces. Parking spaces available shall
be clearly marked and furnished off of the public road right-of-way with
adequate room for a vehicle turn around.
E.
No land use permit is required for
a roadside stand if the structure is less than twenty-five (25) square feet in
area, provided it meets all setback requirements.
F.
Only those items identified as a
farm product may be sold from roadside stands. The sale of items requiring a
permit from the Michigan Liquor Control Commission shall not be sold from a roadside
stand.
G.
Roadside stand signs shall comply
with Section 7.11; Signs.
H.
Any possible lighting associated
with a roadside stand must comply with Section 7.14 of the Ordinance.
I.
Access and egress to a roadside stand
must be authorized by the appropriate governing transportation department.
