[Ord. No. 4673, 6-7-2021]
A. Allow
the growing of crops in urbanized areas while minimizing negative
impacts to adjacent properties and the community.
B. Encourage
locally grown produce, promote healthy and nutritional food, and fill
gaps in food accessibility for a community.
C. Foster
community development by providing opportunities for recreation, education/training,
special events, social interaction, and economic potential.
D. Provide
green space in urbanized areas to enhance community character and
reduce the impact of pollutants and stormwater runoff.
[Ord. No. 4673, 6-7-2021]
As used in this Article the following terms shall have the meanings
indicated:
COMMUNITY GARDEN
Land managed and maintained by a public or non-profit organization,
or a group of individuals, to grow and harvest food crops and/or ornamental
plants for use by a group, individuals cultivating the land and their
households, or for donation. Community gardens may be divided into
separate plots for cultivation by individuals or used collectively
by members of a group. A community garden is the principle use of
a parcel of land.
COLD FRAME
An unheated outdoor structure consisting of a wooden or concrete
frame and a top of glass or plastic, used for protecting seedlings
and plants from the cold.
GREENHOUSE
A structure or portion of a structure made primarily of glass
or other translucent material, for which the primary purpose is the
cultivation or protection of plants.
HOOP HOUSE
A structure made of piping or other material covered with
translucent plastic, constructed in a half round or hoop shape.
RAISED BED
A bed in a garden or park is an area of ground that has been
specially prepared above the ground in box for planting.
[Ord. No. 4673, 6-7-2021]
A. Community
gardens are permitted by right in residential ("R-1," "R-2," and "R-3")
districts. However, only one (1) garden per ward. Multi-family "R-4"
is not allowed because of density.
B. Community
gardens may include the following uses:
1. The cultivation, growing, and harvesting of any agricultural, or
horticultural commodity.
2. Greenhouses, hoop houses, cold frames, and similar structures for
the growing of plants.
3. Open space for active and passive recreation including children’s
play areas. However, playground equipment is prohibited.
4. Sheds, gazebos, and pavilions, and similar structures as accessory
uses.
[Ord. No. 4673, 6-7-2021]
A. Community
gardens are subject to the following regulations:
1. Lot size and width.
a. Community gardens shall comply with the minimum lot size and width in the district (Sections
400.090,
400.100, and
400.110) in which it is located.
2. Setbacks.
a. All structures must comply with the setbacks for accessory structures
in the district in which it is located unless a more restrictive setback
is required by this Section, or
b. All structures must meet the existing setback from a property line
in the in district which it is located
c. The keeping of animals is prohibited.
3. Coverage.
a. Lots used as community gardens must comply with the coverage requirements
of the zoning district in which it is located, or
b. Impervious coverage from buildings and parking areas associated with community gardens is limited to 15, 20, 25, and 50 percent of the lot, or up to one hundred percent (100%) by the special use permit regulations in Section
400.530
4. Height.
a. The height of structures shall be in conformance with accessory building
height of the zoning district in which it is located, or
b. No structure shall be greater than (12’, 15’) in height.
5. Parking.
a. The applicant shall demonstrate that sufficient parking spaces and
loading spaces will be available or provided for all uses proposed.
b. One (1) parking space is required for every individually plotted
cultivated area within the community garden.
c. All parking lots and adjacent areas shall be designed and maintained
in accordance with the off-street and loading provisions in each zoning
district.
d. All off-street parking areas shall be paved.
e. If the Public Works Director determines that additional space is
needed, the director can require additional parking/loading space
be provided.
f. The ingress/egress shall be improved with a paved surface.
6. Signs.
a. Signage for a community garden shall be in accordance with Chapter
400 of the City’s Zoning Code, or
b. A community garden may include one (1) sign per frontage, no larger
than (12) square feet in any residential district.
7. Composting.
a. Setback regulations for composting containers and materials shall
comply with underlying zoning regulations for accessory structures,
or
b. Any compost container must be located at least five to ten (5-10)
feet away from any lot line.
c. Compost materials shall be stored in a manner that is not visible
from adjacent residential properties and zoning districts.
d. Composting areas and structures must be maintained in a way that
protects adjacent properties from nuisance odors, the attraction of
rodents or other pests, and runoff onto adjacent properties.
e. Composting materials shall only be generated on-site.
f. Organic waste material for composting may be accepted from outside
sources and used on-site, but may not be sold.
8. Operations.
a. The hours of operation shall be from dawn until dusk and protect
neighbors from light, noise, disturbance or interruption.
b. The site must be designed and maintained so that water and fertilizer
will not drain onto adjacent property or public sewers.
c. All seed and fertilizer shall be stored in sealed, rodent-proof containers.
d. Processing or storage of plants or plant products is prohibited on
any site.
e. Gardening tools and supplies may be stored within an accessory building
that is in compliance with the zoning district.
f. A community garden shall be conducted in such a way that no traffic
congestion, noise, glare, odor, smoke, vibration, fire hazards, safety
hazards, electromagnetic interference, or otherwise, shall be noticeable
at or beyond the property line.
g. Community gardens and their users shall comply with all Federal and
State regulations concerning the use and storage of pesticides.
[Ord. No. 4673, 6-7-2021]
A. Applicants
proposing a community garden must submit a zoning permit application
"Exhibit A," held on file in the City offices, identifying the following:
1. Location map and property address.
2. Name and contact information of person or organization.
3. All existing and proposed structures and buildings.
4. Location and height of proposed structures and buildings including
sheds, containers, animal housing, coops, hives, compost facilities,
landscaping and fencing.
5. Description of the proposed operation and activities; and retail
sales (if permitted).
6. Distance between structures/activities and neighboring properties.
7. Driveways, access drives, parking areas, and loading areas.
8. Location and adequacy of sewage facilities (if required).
9. Stormwater plan (if required).
10. Proposed operating dates/times.
11. Estimated number of separate plots to be cultivated by individuals.
13. Certify compliance with all applicable local, State, and Federal
regulations and permits.
14. If planting on City owned land, a hold harmless agreement shall be
attached to the application.