Seasonal roadside stands and farm markets.

[Amended 5-16-1996; 11-6-2008 by L.L. No. 4-2008]A. Roadside stands. Any person in any district may erect a temporary roadside stand and sell agricultural products produced on the premises. No products other than homegrown fruits, vegetables, dairy products and nursery stock may be sold by the owner. Any such stand of temporary construction may be located outside of the right-of-way, a minimum of 25 feet from the pavement line and shall have side setbacks equivalent to the side yard dimensional requirement of the district in which the stand is located. Such stand may be erected and maintained between April 1 and November 30 of any year but must be removed on or before the latter date of the same year.

There must be provided an off-street parking area sufficient to accommodate vehicles of customers and to eliminate traffic hazards.B. Farm markets. Any farm in any district may erect and operate a farm market and sell agricultural products, subject to the following restrictions:(1) Not more than 40% of the total sales floor area shall be for the display and sale of products produced off site and not less than 60% sale floor area for products produced on site. These products must be produced by the farm market owner.(2) The farm market must be located on the farm and must be accessory to a residential use.

The farmer must reside on the property where the farm market is located.(3) The farm market may be operated between April 1 and November 30 of each year and may operate only during daylight hours.(4) Incidental uses shall include the sale of jams, jellies and baked items, as well as accessory items with a demonstrable tie to agricultural products sold. These products must be non-brand-name cottage products with a non-brand packaging.(5) Subject to a special use permit being issued by the Planning Board in accordance with Chapter 269, Article IV. This special use permit shall be renewable on a yearly basis by applying to the Commissioner of Public Works or his/her division head, agent or designee.

The application for renewal will include a copy of the special use permit and a certification by the owner that it is in full compliance with the requirements of this section and the conditions of said permit. The application for renewal must be submitted prior to the opening of the farm market each year. The fee for such application shall be as set forth in the Town of Webster Fee Schedule.[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)](6) Dimensional requirements:(a) Minimum lot size: 10 acres.(b) Maximum building size or portion of a building to be used for the farm market shall be 1,200 square feet.(7) Off-street parking must be provided in accordance with § 350-74. (8) One freestanding sign may be erected on the premises, not exceeding 16 square feet in size, identifying the business, which sign shall not have more than two sides; shall not exceed six feet in height; and shall not be closer than 10 feet to any lot line or road right-of-way nor obstruct vehicular or pedestrian visibility.

One additional sign may be erected on the building facade, not exceeding 16 square feet in size, identifying the business.