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950 Amend YMC Farmers MarketCITY OF YELM ORDINANCE NO. 950 AN ORDINANCE UPDATING THE YELM MUNICIPAL CODE RELATING TO TEMPORARY USES AND FARMERS MARKETS -CHAPTER 17.70 AND SIGNAGE FOR FARMERS MARKETS -CHAPTER 15.24 YMC WHEREAS, Chapter 17.70 Yelm Municipal Code establishes and regulates temporary uses within the City limits and does not currently allow a farmers market as a temporary use; and WHEREAS, A farmers market would only be allowed under the existing Yelm Zoning Code as a permanent facility with all required site improvements such as parking, storm water control and treatment, and sanitary facilities; and WHEREAS, farmers markets are temporary in nature and can be an important contributor to local economic and cultural life; and WHEREAS, a farmers market provides a community activity which fosters social gathering, and provides a market for local growers and resellers to offer their fresh produce which promotes a sustainable economy; and WHEREAS, the Yelm Comprehensive Plan establishes sustainability as a guiding principle; and WHEREAS, the City Council has determined that a properly located and administered farmers market would be a benefit to the community; and WHEREAS, due to the temporary nature of a farmers market and the varied locations of a potential market in Yelm, special signage is appropriate for a market; NOW, THEREFORE, THE CITY COUNCIL OF YELM DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 17.70 Yelm Municipal Code is hereby amended as follows: 17.70.010 Temporary events and uses that are of low impact (being limited in scope, intensity and duration). 17.70.020 Purpose. To identify temporary uses which are low-impact and limited- duration activities that would otherwise be subject to a site plan review approval, site improvements, and connection to sewer and water. 17.70.030 Temporary uses. A. The following temporary uses may be authorized, subject to specific limitations in this section and such additional conditions as may be established by the site plan review committee: 1. Contractor's offices, equipment storage sheds and storage yards, and portable lavatories on the site of a permitted, active construction project, for a duration not exceeding one year. 2. Circuses, carnivals, rodeos, fairs or similar transient amusement or recreational activities. 3. Christmas tree sales lots and fireworks stands, limited to location on lots not used for residential purposes in commercial or industrial zones. 4. Indoor or outdoor sales sponsored by schools or other nonprofit organizations for no more than three days per event and no more than four times in any calendar year. 5. Seasonal sale of unprocessed agricultural products, limited to location on lots not used for residential purposes in commercial zones which are improved to current city standards. 6. Fund raising car washes. 7. Uses found by the site plan review committee to be similar in nature and impacts to those listed temporary uses. 8. Farmers Markets. B. Standards for Temporary Uses. 1. Each site occupied by a temporary use shall be left free of debris, litter or other evidence of temporary use upon completion of the use. 2. A temporary use shall not occupy more than 15 percent of the parking spaces required for the primary use of the property. 3. Temporary uses must provide sufficient off-street parking and vehicular maneuvering area for customers. 4. No temporary use shall occupy parks without an approved park use request or any public rights-of-way. 5. The site plan review committee may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, conditions regulating the time and frequency of operation, parking and traffic circulation requirements, screening, and site restoration. C. Standards for Farmers Markets. A farmers market in the City of Yelm provides a place where local growers and artisans can offer their fresh and locally grown produce and crafts for sale. A farmers market is not for the purpose of reselling farm products nor for selling used or household goods. In addition to the standards listed above, the farmers market shall meet the following standards. 1. Markets shall be operated only as anon-profit corporation organized under the laws of the state of Washington, comprised of growers and farmers from Yelm and the immediate surrounding area. 2. Liability insurance in the amount of one million dollars, ($1,000,000) will be required at all times the market is open. The City of Yelm shall be named as an additional insured. 3. At all times the market is in operation, a market manager or administrator shall be in place to oversee the functioning and organization of the market. The contact information for the manager or administrator shall be provided to the CitLr. 4. Markets are limited to locations: a On lots not used for residential purposes in commercial zones which are improved to current city standards; b On City owned property that meets the criteria in a. above, provided that it shall not be in a City park; c On collector or local access streets in a commercial zone, as approved by City Council. 5. Markets may only operate from April through October. 6 Seventy (70) percent of goods offered within the market must be from the following categories: a. Fresh farm products including locally grown fresh vegetables and fruits herbs nuts honey dairy products, eggs, poultry, meats and fish. Also included in this category are fresh flowers, nursery stock, and plants. b. Value added farm products, including preserves, jams and jellies, cider syrups salsas, smoked meats, and salad dressings made form locally grown farm products. c. Flowers and other value added farm products, including bouquets, wreaths vines and gourds, and personal care products made from predominately locally produced products. 7. Up to thirty (30~percent of goods offered within the market can be from the following categories: a. Processed farm foods such as juices, preserved foods, candies, pastries, cookies, muffins, breads, pies and related take home desserts, not prepared on site. b. Prepared foods made fresh on site available for sale and immediate consumption. Vendor must be owner/operator of business and not operating under a franchise. c. Artisans. Persons who craft with their own hands, the products they offer for sale. Commercial kits, molds, patterns, prefabricated forms, and readymade objects which have been painted or embellished are not eligible. All jewelry artisans must sell jewelry that is made by their hands. 8. One (1) non profit or community booth. 9. One (1) local business booth each day of operation. 10. Sanitation shall be provided by either agreement of use of restroom facilities convenient to the site, or by portable sanitation facilities. Portable sanitation facilities must be located or screened in a manner to not be visible from the traveling public. 11. An approved operation agreement between the Farmers Market Association and the City of Yelm is required. D. Farmers Market Signage. See Section 15.24.198 YMC SECTION 2. Anew section is hereby added to Chapter 15.24 Yelm Municipal Code as follows: 15.24.198 Farmers Market. Farmers markets approved under Chapter 17.70 YMC may have the following signs. A. Up to two (2) off site sandwich board signs may be used as directional signs during the hours the farmers market is open to the public. All other signs shall be consistent with the provisions of this code. B. The farmers market may have one sign for each street frontage of the market space. The sign(s) shall remain only during the hours the market is open to the public. The sign shall be limited to 12 square feet if is a freestanding sign less than eight feet in height, and 21 square feet if it is a monument sign. Setback from property lines shall be 10 feet. C. Each vendor may have one sign and one sandwich board sign. Sales and menu boards are exempt. Square footage of allowable sign area is 12 square feet. Sandwich board signs shall meet the following: 1. The area of the sandwich board shall not exceed six square feet per side in size and shall not be wider than two feet. 2. Sandwich boards shall be constructed out of materials able to withstand typical Northwest weather such as metal, finished wood, chalkboard, whiteboard, or plastic. Sandwich boards shall be maintained in a legible and intact manner. 3. Sandwich boards may only be displayed during the hours the farmers market is open to the public. If farmers market hours continue past daylight hours, precautions should be taken to place the sign in a location where it is readily visible after dark. Sandwich boards shall not be wired for liyhtinq_ 4. Sandwich boards may be located no further than 12 feet from the vendor's booth. SECTION 3. Section 17.26.040 Special Uses is hereby amended to read: ~~ a~ v n n ~ ~~ ~~eE~t(~+~ f„ I I~wr~E~+tFA~~ 7 AID, m~ro +h.~r, f~i ~r r.er ~ie~r nor I~r..~+ii+n• 7 AI.~,+ mr`re nn +hrG n+c , ~ Special uses as permitted as provided for in Chapter 17.66 YMC. SECTION 4. This Ordinance shall take effect five days after its publication as provided by law. PASSED by the City Coun ~I of Yelm this 13t" day of December, 2011. ,C ,~Ca ~.; Ron arding, ~llayor AUTHENTICATED: J ine Schnepf, City CI k. PUBLISHED: Nisqually Valley News, December 23, 2011 EFFECTIVE DATE: December 28, 2011