Spokane Municipal Code

Title 17C Land Use Standards

Chapter 17C.380 Market Garden Pilot Program

Section 17C.380.010 Market Garden Pilot Program

1. Purpose.
   The purpose of the market garden pilot program regulations is to facilitate the establishment and operation of market gardens in residential zones. The goal of the program is to introduce market gardens to the public for the benefit of the operators of the garden as well as the residents. The program will be operated initially as a pilot program but may become permanent.

2. Definition.
   For the purpose of this section, the following words are defined as follows:

   1. “Agricultural products” shall mean fruits, vegetables, and horticultural, viticultural, floricultural products but shall exclude animals and animal products with the exception of eggs. Marijuana and marijuana related products are specifically excluded for purposes of this chapter from the definition of agricultural products and may not be grown or sold as part of a market garden.

   2. “Market garden” shall mean a small-scale business that grows agricultural products that are sold by the operator of the garden on the same property where the agricultural products are grown.

3. The City’s zoning requirements for residential zones shall provide as an outright use market garden activities as part of the market garden pilot program as set forth below.

   1. Market gardens shall be permitted only on residential lots city-wide where the agricultural products to be sold are also grown. The residential lot must contain a residential dwelling unit occupied by the operator of the market garden.

   2. Market gardens may sell agricultural products during daylight hours.

   3. Each market garden shall be limited to one vehicle delivery per day.

   4. Operators shall be required to comply with all federal, state, municipal and health district regulations related to the production and sale of agricultural products including, but not limited to, the use of pesticides and chemicals used for agricultural production and the protection of well heads. For the production and sale of processed fruits and vegetables, as defined in WAC 246-215 regarding Food Service, the operator shall be required to obtain a Washington State Department of Agriculture (WSDA) Food Processor’s License and/or a Spokane Regional Health District (SRHD) Food Establishment Permit. It shall be the responsibility of the operator to consult with the WSDA and the SRHD to determine the application of applicable regulations.

   5. The area of a market garden used to produce the agricultural product may not exceed six thousand square feet for the first twenty one thousand seven hundred eighty square feet of the residential lot where the garden is located and may be increased by two thousand square feet for each twenty one thousand seven hundred eighty square feet of the residential lot. A market garden may exceed this square footage limitation by ten percent of the maximum area if the operator obtains a Type II conditional use permit.

4. The market garden pilot program shall continue for a period twenty four months from the effective date of this ordinance. Unless the city council takes legislative action to discontinue the pilot program at the end of the twenty four month period, the provisions of this chapter shall become permanent.

5. Operators of a market garden shall be exempt from the requirement of obtaining a City business registration.

Date Passed: Monday, March 24, 2014

Effective Date: Friday, May 9, 2014

ORD C35086 Section 1