Town of Dayton, NY Chapter 140 Roadside Stands

[HISTORY: Adopted by the Town Board of the Town of Dayton as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction and fire prevention — See Ch. 75.

Zoning — See Ch. 180.

Article I Seasonal Farm Produce and Roadside Stands

[Adopted 10-13-2009 by L.L. No. 2-2009]

§ 140-1 Title.

This article shall be known as "Seasonal Farm Produce and Roadside Stands Law" of the Town of Dayton, New York.

§ 140-2 Purpose.

To provide specifications, permission, and clarification towards:

A. The safe business sale, storage, and transfer of seasonal farm produce and associated products from a private Town of Dayton, New York, property to the public/private sector in all established zoned areas.

B. The need for approved Town of Dayton special use permit and/or Town of Dayton building permit.

C. The definitions of "seasonal farm produce," "associated products," and "roadside stand."

§ 140-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ASSOCIATED PRODUCTS

Any merchandise on the property that is associated/accompanying the sale, storage, and transfer of the primary produce/product.

ROADSIDE STAND

Any structure constructed/placed/used on a property in the sale, storage, and transfer of produce/products.

SEASONAL FARM PRODUCE

Any merchandise on the property that is periodic in sale/abundance due to growing season and availability. This merchandise can be produced/created on or off the property site of business sale.

§ 140-4 Exemptions.

The following conditions are not subject to this article or the restrictions of the Town of Dayton Zoning Law:[1]

A. The sale of seasonal farm produce produced on the property, whether or not sold at a roadside stand.

B. The property and area of business has no building structure constructed/placed/used for the business sale, storage, and transfer of seasonal farm produce/products.

C. The items displayed/sold are deemed "household and domestic goods" via "garage or yard sale" format.

D. The use of tables, furniture, chairs, carts, and wagons and displays less than 10 feet high.

E. The sale of fire wood.

[1] Editor's Note: See Ch. 180, Zoning.

§ 140-5 Prohibited activities.

A. It is unlawful to construct/place/use a building structure larger than 12 feet by 12 feet for the business sale, storage, and transfer of seasonal farm produce/products unless it is approved by a Town of Dayton building permit (as per Town of Dayton New York Zoning Code Chapter 75, Building Construction and Fire Prevention).

B. It is unlawful to operate any business sale, storage, and transfer of seasonal farm produce/products within the established right-of-way roadside distances.

C. It is unlawful to operate any business sale, storage, and transfer of seasonal farm produce/products with the use of an advertising sign unless it is approved by a Town of Dayton special use permit or within the zoning code allowance (as per Town of Dayton New York Zoning Code § 180-28, Zoning).

D. It is unlawful to operate a roadside stand except as permitted by the Zoning Law[1] of the Town of Dayton or as exempted by this article.

[1] Editor's Note: See Ch. 180, Zoning.

§ 140-6 Penalties for offenses.

Code of the Town of Dayton New York enforcement already exists and shall pertain to this article as written in Article XIV, §§ 180-49 through 180-51.

§ 140-7 Severability.

Code of the Town of Dayton New York severability already exists and shall pertain to this article as written in Article XV, § 180-52.