[Ord. No. 08-31, 10-7-2009]
The purpose of this appendix article is to encourage farming
and agricultural operations within the Town of Cumberland Rhode Island
by permitting, in addition to the principal agricultural activities
conducted upon such site, retail sales of certain farm and farm-related
products.
[Ord. No. 08-31, 10-7-2009]
Whenever used in this article, the following terms shall have
the following meanings, unless an alternate meaning is obviously intended:
Any commercial enterprise which has as its primary purpose horticulture, viticulture, viniculture, floriculture, forestry, dairy farming, or aquaculture, or the raising of livestock, fur bearing animals, poultry or bees, or as such definition may be amended from time to time in Chapter 23 § 4 of the General Laws of the State of Rhode Island entitled "The Rhode Island Right to Farm Act."
Agricultural land of at least five acres, together with principal
and accessory buildings and structures upon which agricultural operations
are conducted and/or land previously utilized for such purposes before
the enactment of this appendix upon which a legal pre-existing nonconforming
use was operated.
For the purposes of this article, a farmer is an individual,
partnership, corporation or other recognized legal entity which operates
a farm and has filed a U.S. Internal Revenue Form 1040 (Schedule F)
with the Internal Revenue Service, and/or has a State of Rhode Island
farm tax number.
A rustic freestanding structure or vehicle located upon a
farm, not exceeding 200 square feet in total floor area, the principal
use of which is the sale of farm products at retail to the general
public. Farm stands may be structures or motor vehicles, wagons or
trailers, and are permitted only upon the premises of a farm owned
or leased by the licensee thereof.
All agricultural, horticultural, vegetable, fruit, or other
products of the soil, livestock products, poultry, eggs, dairy products,
nuts, mushrooms, honey and beeswax; provided however that this definition
does not include finished forest products, such as lumber or building
materials.
Products, other than farm products as defined above, which
are capable of being built, constructed, crafted or manufactured on
a farm by a farmer and/or his/her family members such as craft arts,
books, clothing or quilts. This definition also includes lawn and
garden supplies such as potting soil, peat moss or other soil amendments,
seeds, pots, planters and the like. This definition specifically excludes
products other than those described above, and which, by their very
nature must be manufactured in a commercial or industrial location,
including, but not limited to, automotive products, farm machinery,
lawn mowers, chain saws, fabricated metal products, tools or hardware.
A building located upon a farm, not exceeding 1,000 square
feet (by right) or 1,600 square feet (by special use permit) per farm,
the principal use of which is the sale of farm or farm-related products
at retail to the general public. Farm retail sales buildings are permitted
only upon the premises of a farm owned or leased by the licensee thereof.
As used in this article, the term vegetative products shall
mean any farm product of horticultural origin, including, but not
necessarily limited to fruit, vegetables, live trees, Christmas trees,
shrubs, firewood, sod, hay and flowers, but excluding products of
animal origin such as livestock, poultry, eggs, milk, cheese, honey,
seafood, bees, or the like. Also excluded from this definition are
forest products including lumber, logs or similar building materials.
[Ord. No. 08-31, 10-7-2009]
(a)
Retail by right. Upon any farm, which is permitted by the character
of the agricultural zone in which it is located, or which is a legally
pre-existing nonconforming use, the retail sales activities listed
herein below are permitted by right as well as educational, recreational
and cultural services reasonably related thereto. These activities
shall be permitted in addition to the retail sales of farm products
normally associated with the operation of a farm, and raised or produced
on the premises, which are presently currently permitted by this appendix.
(1)
Sales of vegetative products, defined above, not raised on the
premises.
(2)
Sales of compost or manure produced on the premises only.
(3)
Sales of mulch composed of vegetative origin, such as bark mulch.
No more than 150 cubic yards of mulch not produced on the property
itself may be stockpiled on the premises at any one time. Sale of
mulch composed of earth products such as stone, sand or loam shall
be prohibited.
(4)
Retail sales of farm-related products defined in the ordinance
above.
Retail sales of products on a farm as permitted by this appendix
may take place (1) outdoors anywhere upon the lot constituting the
premises of the farm, (2) within a farm retail sales building located
on the premises of the farm, or (3) at a farm stand.
(b)
Sale of vegetative products not raised grown on the farm premises.
Upon any farm as herein defined, the sale of vegetative farm products,
as defined above, not raised grown on the premises shall be permitted
in addition to sale of any farm products raised or produced upon the
farm premises itself. The purpose of this provision is to permit vegetative
farm products grown or produced or raised off premises to be sold
upon any farm anywhere in the Town. Sale of such imported vegetative
products, if conducted out of doors, shall not be limited in terms
of area, location or extent. Such products may also be sold within
a farm retail sales building or farm stand, as defined herein above.
(c)
Farm sales license required. All farm retail sales activities shall
be required to obtain all necessary permits and licenses required
by the regulations of the Town of Cumberland and the State of Rhode
Island, which are appropriate. It shall be the responsibility of the
operator of the farm retail sales building or farm stand to obtain
such licenses through consultation with the Town Clerk.
No more than one license or series of licenses which constitute
the requirements under law shall be issued annually for retail sales
activities upon any single farm as defined herein; provided, however,
that an individual farmer may be issued any number of annual permits
for each separate farm he/she owns or leases.
[Ord. No. 08-31, 10-7-2009]
(a)
Area by right. A "farm retail sales building" is defined as a single
building or group of buildings located upon a farm, the principle
use of which is the sale of farm or farm-related products at retail
to the general public.
Retail sales may be conducted by a farmer upon a farm (1) within
a principle dwelling; (2) within a barn, garage, storage shed or similar
accessory farm building; or (3) within a single building devoted solely
to retail sales provided that the total cumulative floor area of any
and all such building(s) does not exceed 1,000 square feet per farm
by right. A barn, garage, or a greenhouse shall not be considered
to be a farm retail sales building if no retail sales are conducted
anywhere within the building and if such building is not open to the
general public.
Within any such farm retail sales building, storage areas not
open to the public shall not be counted toward the 1,000 square foot
maximum floor area allowed per farm, provided that all such areas
shall be clearly identified and marked as such, and shall not be open
to the general public at any time whatsoever. If any portion of a
farm retail sales building shall be open to the general public, including,
but not limited to, storage, growing or greenhouse areas, it shall
be counted toward the 1,000 square foot maximum area.
(b)
Area by special use permit. Whenever the owner of a farm as defined herein can demonstrate to the satisfaction of the Zoning Board of Review that an additional amount of square footage may be added to the maximum allowed square footage area of a farm retail sales building without being detrimental to the public health, safety and welfare, the Zoning Board of Review board may grant an additional amount of square footage to a farm retail sales building not to exceed 1,000 square feet for up to a total maximum square footage of 1,600 square feet. Such allowance shall be in the form of a special use permit as provided for in Article 18.
In the granting of a special use permit for such additional
square footage, the Zoning Board of Review shall judge the application
by the provisions of § 18-3 and may impose any conditions
it deems necessary and reasonable under the provision of § 18-6.
Under no circumstance may the Zoning Board of Review board grant relief
under this provision beyond the maximum square footage of 1,600 square
feet as stated herein.
(c)
Design review standards. All building plans involving farm retail sales activities, whether in whole or in part, shall be reviewed by the Planning Board, in accordance with the provisions of Article 12, with a view to maintaining the rural characteristics of the specific area, and the community in general, prior to the issuance of any building permit by the Building Official.
[Ord. No. 08-31, 10-7-2009]
In addition to the sales listed in subsections 7-3(b) and 7-3(c)
above, the following types of retail sales of food and farm-related
products are permitted within a farm retail sales building, as indoor
sales only:
(a)
Sale of food. Sale of food or food products within a farm retail
sales building is permitted as follows:
(1)
Prepared food items such as baked goods, canned goods, preserves,
herbs and the like may be sold, provided all food preparation and
cooking is conducted upon the farm within a kitchen licensed by the
state and the Town, as may be appropriate.
(2)
Fresh and frozen meats prepared or smoked, poultry or other
perishable foods raised or produced on the farm may be sold, but the
sale of freshly cooked meats or poultry is specifically prohibited.
A slaughterhouse, as a principle use, is specifically prohibited under
the provisions of this appendix.
(3)
All foods shall be prepared and packaged upon the farm premises.
(4)
No food sold to the public shall be consumed by the public on
the premises.
(b)
Sale of farm-related products. All such products as defined in this
appendix article may be sold indoors only within a farm retail sales
building provided that the floor area devoted to such sales does not
exceed 25% of the total area of the farm retail sales building(s).
[Ord. No. 08-31, 10-7-2009]
A farm stand is a rustic, freestanding structure or vehicle
used only for the seasonal sale of farm products as permitted by this
appendix. Farm stands may be structures or may be motor vehicles,
wagons or trailers.
Farm stand structures, other than motor vehicles, shall not
exceed 200 square feet in total floor area and be no greater than
12 feet in height.
There shall be no space available to patrons inside the farm
stand. Farm stands may provide, however, a front counter security
shutter that lifts to form a canopy roof when open for business, to
shield patrons from the weather. Yard setbacks shall be regulated
by the appropriate dimensional regulations for accessory structures
as provided for in this appendix.
The floor area devoted to a farm stand shall not be considered
to be in addition to any floor area permitted for a farm retail sales
building as provided in § 7-4 above, but shall reduce such
allowance accordingly.
No electrical service shall be provided to any farm stand structure.
Motorized vehicles may be provided with batteries as required for
normal operation of a motor vehicle, but such electric service shall
not be used for signs, outdoor lighting or refrigeration.
Farm stands and farm retail sales buildings are permitted only
upon the premises of a farm owned or leased by the licensee thereof.
[Ord. No. 08-31, 10-7-2009]
Only one freestanding or wall-mounted sign shall be permitted
for any farm retail sales building and/or farm stand per farm in any
zoning district to identify a farm retail sales building and/or a
farm stand. The maximum area of each sign shall be 12 square feet,
notwithstanding other provisions of the zoning ordinance.
[Ord. No. 08-31, 10-7-2009]
Off-street parking for farm retail sales buildings and farm
stands shall be one space per 100 square feet of floor area devoted
to retail sales, with a minimum of five spaces provided. All such
parking areas shall be set back from the property line at least 10
feet and shall be physically restricted or channeled on the lot to
define a readily recognizable driveway between the roadway and the
parking to accommodate safe ingress and egress. There shall be no
parking along the public right-of-way. Parking areas for farm retail
sales buildings and farm stands shall not be paved, but shall be constructed
of a natural material.
Adequate off-street loading areas shall be provided for retail
sales in accordance with § 14-4 of this appendix. Said requirement
may vary depending on the type of vehicles unloading at the site.
No vehicle loading or unloading shall be permitted in a public right-of-way.
