§ 15-2730. FARMER'S MARKETS.

Farmer's Markets may be located, developed, and operated in compliance with the following standards:

A.

General Provisions.

1.

Types of Farmer's Markets.

a.

Permanent Indoor Farmer's Market. A Farmer's Market which takes place within a fully enclosed building which is not able to be disassembled when the Farmer's Market is not in operation. Permanent Indoor Markets shall be considered a Healthy Food Grocer and shall not be subject to this section.

b.

Permanent Off-Street Farmer's Market. A Farmer's Market which takes place off-street within structures that are open to the sky on one more side and which are not able to be disassembled when the Farmer's Market is not in operation.

c.

Temporary Off-Street Farmer's Market. A Farmer's Market which takes place in a parking lot or other off-street location within structures that are able disassembled when the Farmer's Market is not in operation.

d.

On-Street Farmer's Market. A Farmer's Market which takes place within a street.

2.

Permits Required.

a.

City Permits.

i.

A Zone Clearance or Conditional Use Permit shall be required as specified in the applicable Base or Overlay District.

ii.

A Street Closure Permit shall be required for On-Street Farmer's Markets.

iii.

A Building Permit shall be required for permanent structures and tents larger than 400 square feet.

b.

Other Agencies. Review and approval may be required from other agencies, including the Fresno County Health Department. Issuance of a Zone Clearance or Conditional Use Permit by the City does not relieve an applicant of the obligation to secure all permits required by other agencies prior to commencement of operations.

3.

Submittal Requirements. In addition to standard submittal requirements for the applicable permits, the following information shall be provided with applications for Farmer's Markets:

a.

Site Plan. A site plan showing the proposed layout shall be provided. The site plan shall show all information necessary to demonstrate compliance with this section and other applicable regulations, including the following:

i.

The site plan should clearly show the location of Farmer's Market stands, and restroom locations as they relate to all of the existing buildings, landscaping, and access points on the site.

ii.

Both vendor and customer parking need to be indicated on a site plan. This can be accomplished on the same property as the proposed farmer's market or on an adjacent property with the permission of the owner.

b.

Traffic Control Plan. On-Street Farmer's Markets shall submit a traffic control plan that shows the exact area of the streets to be closed, detour routes, barricade locations, and traffic control signage.

c.

Insurance. On-Street Farmer's Markets may require additional insurance, as determined by the City's Risk Manager.

4.

Public Notice. When proposed in a Residential District or on a site which abuts a Residential District, public noticing shall be required per Section 15-5007 prior to issuance of a Zone Clearance or Conditional Use Permit.

B.

Site Design Development Standards. Unless otherwise specified, Farmer's Markets shall follow all applicable site design development standards of the Base or Overlay District. The following shall also apply:

1.

Sales Area Paving.

a.

Permanent Off-Street Farmer's Market. Sites shall be paved with asphalt, concrete, pavers, or similar materials as determined by the Review Authority. The sales area shall not consist of turf, dirt, or gravel.

b.

Temporary Off-Street Farmer's Market. The sales area may be paved with asphalt, concrete, pavers, or similar materials, and may also consist of turf or artificial turf. The sales area shall not consist of dirt or gravel.

2.

Setbacks. Display areas shall comply with the setbacks of the applicable Base or Overlay District, however in no case shall setbacks be less than 10 feet from any side or rear property line.

3.

Parking.

a.

Permanent Off-Street Farmer's Market. Permanent Outdoor Farmer's Markets shall provide parking per one space per 1,000 square feet of sales area.

b.

Temporary Off-Street Farmer's Market. None required, however available parking spaces for other uses on the site shall not be reduced by more than 40 percent. An exception may be made if a parking study, prepared by a Licensed Traffic Engineer, concludes that there is adequate parking in the area, not including on-street parking in Residential Districts.

c.

On-Street Farmer's Markets. None required.

4.

Layout.

a.

Aisles shall be no less than 20 feet wide.

b.

A group of adjacent tents shall not exceed 700 square feet. Each group must be separated by no less than 12 feet.

c.

Other safety requirements may be applied by the Police Department, Fire Department, or Building Division.

5.

Appearance. Stands should be uniform in appearance and be covered by a white pop-up canopy or tent that measures approximately 10 feet x 10 feet. Other colors and designs may be considered at the discretion of the Review Authority, but in no circumstances shall tarps be permitted in lieu of a tent or canopy.

6.

Signs. Signs, including directional signs, shall comply with Article 26, Signs.

C.

Operational Requirements.

1.

Products.

a.

Agricultural Products. Unprocessed agricultural products in their natural state shall comprise at least 60 percent of the retail space available.

b.

Other Allowed Products. The exhibition and sale of the following shall not exceed 40 percent of the retail space available:

i.

Processed foods such as dried fruit, cheese, or bread, and similar agricultural products.

ii.

Artisan handiwork or art.

iii.

Mobile Vendors.

iv.

Beer and Wine. The Vendor must be a licensed beer manufacturer or winegrower and shall obtain approval from the Police Department, a sales permit from the Department of Alcoholic Beverage Control, and a Temporary Use Permit from the City. Vendor operations, including sales and tastings, shall comply with all State and County rules and regulations.

c.

Prohibited Products.

i.

Alcoholic beverages other than wine or beer.

ii.

New, commercially produced merchandise that is not agricultural-related.

iii.

Second-hand or used merchandise.

iv.

Tobacco products.

v.

Livestock.

2.

Management. There shall be a Market Manager, which may be a vendor, during all hours of operation. The Market Manager shall ensure compliance with City regulations and for resolving issues that may arise as part of the operation of the Farmer's Market. The Manager's contact information shall kept on file with the Planning Division.

3.

Time Limits. In Residential Districts Farmer's Markets shall not operate, including setting-up, between the hours of 9 p.m. and 7 a.m.

4.

Refuse/Litter. The operator or Market Manager shall provide trash and recycling collection bins and shall be responsible for collecting refuse after each event, including in the parking lot. The site, including parking areas, must be left in a clean condition when not in operation.

5.

Noise. In Residential Districts, or abutting a Residential District, there shall not use amplified sound for any purpose.

6.

Truth in Advertising Disclaimer. If the vendors are not the actual farmers, then that should be made clear to the consumer by use of a small sign at each vendor stand.

7.

Post-Operation Clean Up. All evidence of the Farmer's Market must be removed from the site (including all tables, tents, canopies, temporary membranes, barricades, products, signs, litter, etc.) when it is not in operation. Permanent structures and signs are excepted.

(Added Ord. 2015-39, § 1, eff. 1-9-16).