§ 84.03.030  Permit Requirements and Development Standards.
   The following permit requirements and development standards shall apply to all agritourism enterprises. 
   (a)   Permit Requirements and Development Standards.
      (1)   Scope of Use and Permit Requirements.  The allowed scope of use, minimum lot size, and permit requirements for an agritourism enterprise shall be as provided in Table 84-1
 
Table 84-1
Permit Requirements and Development Standards for Agritourism Enterprises
Use/Permit Required
Scope of Use/Event(4)
Minimum Lot Size
Produce Stand
Permitted (no permit required)
Single structure that is 200 sq. ft. or less.
10,000 sq. ft.
All produce shall be grown on site.
No other produce or merchandise allowed.
Small scale use
Site Plan Permit
Single structure greater than 200 sq. ft. and less than 3,000 sq. ft.
2 acres
Not more than 15 automobiles allowed on site at any one time.(1) (2)
Bed and breakfast home (up to 5 guest rooms).
Small incidental food services operations not to include restaurants.
Operations that do not require a permanent structure (e.g., educational tours).(3)
No use of amplified music, or historical reenactments using gunfire or similar loud noise.
Medium scale use
Minor Use Permit
Single or multiple structures with a total area that is 3,000 sq. ft. or greater and less than 5,000 sq. ft.
5 acres
Not more than 25 automobiles allowed on site at any one time.(1)(2)
Bed and breakfast inn/lodge (up to 10 guest rooms) [the requirements of § 84.05.060(a) need not apply].
No use of amplified music, or historical reenactments using gunfire or similar loud noise.
Large scale use
Conditional Use Permit
Single or multiple structures with a total area that is 5,000 sq. ft. or greater.
10 acres
More than 25 automobiles allowed on site at any one time.(1) (2)
Lodging having more than 10 guest rooms.
Restaurants.
Notes:
(1)   This requirement refers only to the parking required and/or provided for the commercial activities that are accessory to the primary agricultural uses. It shall not apply to the parking provided for the primary agricultural activities (e.g., u-pick or u-cut operations, etc.).
(2)   Parking for the commercial activities accessory to the primary agricultural uses shall be provided in compliance with § 83.11.040 (Number of Parking Spaces Required) and Table 83-15 (Parking Requirements by Land Use) specified for “General retail.”  Parking area improvements shall be in compliance with § 83.11.090 (Parking and Loading Development Standards), or as specified in the approved permit for the commercial agritourism enterprise.
(3)   If these operations are conducted year round, a Site Plan Permit shall be required. If the project cannot meet the standards of this Section or any other regulations, the permit may be elevated to a Minor Use Permit or a Conditional Use Permit. These operations shall have an Environmental Health Services-approved wastewater disposal system and facilities. If no more than four events are planned, a Temporary Special Event Permit shall be required.
(4)   The parameters in this column will dictate both the use/permit required and the minimum lot size. The filing of a higher land use approval application shall not relieve a project of the minimum lot size.
 
      (2)   Storage Areas.  The total area of all storage areas shall not exceed 25 percent of the total floor area of the structures used for the agritourism enterprise.
      (3)   Setbacks.  Structures for agritourism enterprises shall be set back from lot lines in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) unless a greater setback is required by the applicable review authority.
   (b)   Operational Standards.
      (1)   Incidental to Primary Agricultural, Horticultural, Animal Husbandry Use.  An agritourism enterprise shall be incidental to the primary associated agricultural, horticultural, or animal husbandry use being conducted on the property. For the purposes of this Section, a primary agricultural, horticultural, or animal husbandry use shall mean that:
         (A)   At least 50 percent of the total gross parcel area shall be suitable and available for agricultural, horticultural animal husbandry or open space use; and
         (B)   At least fifty percent of that 50 percent area (i.e., 25 percent of the total gross parcel area) shall be in actual active agricultural, horticultural, or animal husbandry use.  For operations with a total area greater than 200 acres, at least 40 acres must be actual active agricultural, horticultural, or animal husbandry use.
      (2)   Operator.  The agritourism enterprise shall be operated or maintained by the owner, operator, or occupant of the land upon which the primary associated agriculture, horticulture, or animal husbandry use is being conducted.
      (3)   Hours of Operation.  Hours of operation for outdoor activities shall be limited to 8:00 a.m. to 8:00 p.m.
      (4)   Private Special Events for Compensation.  Private special events (e.g. weddings, receptions, parties, etc.) or similar activities conducted for compensation may be held, as follows.
         (A)   Up to five private special events in a 12-month time period shall require a Site Plan Permit.
         (B)   Six to 12 private special events in a 12-month time period shall require a Minor Use Permit.
         (C)   Thirteen or more private special events in a 12-month time period shall require a Conditional Use Permit.
      (5)   Noise/Amplified Sound. All approved projects shall be operated in compliance with the noise standards provided in § 83.01.080. All amplified sound being considered as part of a Conditional Use Permit application shall emanate indoors, except as approved through a Temporary Special Event Permit or when emanating at least 330 feet from the nearest residence of other sensitive receptor on a neighboring parcel.
   (c)   Existing Structures/Uses.  A structure existing before the adoption of this Chapter may be used for an agritourism enterprise and shall be exempt from the minimum lot area and floor area requirements specified in this Chapter, provided that an expansion or enlargement the structure(s) shall not exceed 15 percent of the total floor area existing before adoption of this Chapter unless a greater expansion is allowed through approval of a Minor Use Permit in compliance with Chapter 85.06 (Conditional Use Permit/Minor Use Permit).
   (d)   Additional Licenses and Permits.  In addition to required land use permits, an agritourism enterprise may be required to obtain licenses and permits from other County Departments (e.g., business licenses from the County Clerk, food service or sales licenses from the County Department of Public Health, animal care licenses from the County Department of Public Health, etc.).
   (e)   Seasonal Operations.  Those operations that will be limited to three months of the year that encompass the harvest season of the agricultural product to which the tourism activity is an accessory use may be operated with reduced standards. These shall include the following:
      (1)   Parking Area.  The parking area does not need to be surfaced with a minimum of two inches of asphaltic concrete paving or plant-mix surfacing but shall be provided with a dust-proofed surface of slag, crushed rock, or an equivalent measure.
      (2)   Sanitation Facilities.  Toilets, potable water, lavatories, wastewater may be used for seasonal operations in compliance with the provisions required for a Temporary Special Event.
      (3)   Permit Required.  Even though an operation may be seasonal, if a structure is built, land use approvals shall be required in compliance with Table 84-1 above.
(Ord. 4011, passed - -2007; Am. Ord. 4162, passed - -2012)