§ 4.2.55. Urban garden or community gardens.

A.

If an urban garden or community garden is greater than five (5) acres, a special administrative permit is required. The permit shall expire twenty-four (24) months from issuance, and such use shall thereafter only operate upon issuance of a new permit in the manner prescribed herein.

B.

The following items shall be submitted with the special administrative permit application:

1.

Name and current address of the applicant.

2.

Address of the garden.

3.

Proof of ownership or leasehold interest (for the duration of the special administrative permit) of the lot on which the garden is located; or a notarized letter signed by the property owner(s), or authorized property manager or agent, consenting to the placement of a garden on the lot.

4.

A site plan showing:

a.

Property lines, street curbs, street names, and adjacent sidewalks as applicable.

b.

Plan layout and dimensions showing plot layout, structures and compost areas.

c.

Source of water, including any rain barrel locations.

5.

Permit fee.

6.

Other documents or information reasonably deemed necessary to determine the compatibility of the use identified in the permit application.

C.

Sales of produce from the community garden site is allowed with the approval of a special administrative permit for temporary outdoor seasonal activities, provided the following regulations are met and documentation, where required, is provided with the application:

1.

Sales hours. Garden sales and pickups may occur between 7:00 a.m. and 9:00 p.m. Set-up of sales operations shall begin no earlier than 6:00 a.m., and take-down and clean-up shall end no later than 10:00 p.m.

2.

Management. An individual shall be present onsite during all sales hours to direct the vending operations.

D.

The following requirements apply for all urban or community gardens, of any acreage. Gardens accessory to a residence are excluded from these standards.

1.

Garden operating rules and regulations. A set of operating rules shall be established to address the governance structure of the garden, hours of operation, maintenance, and security.

2.

Fencing. All fences shall comply with all applicable sections in the Code pertaining to the relevant zoning district in which the garden is located.

3.

Synthetic fertilizers, pesticides, and herbicides. Gardens may submit documentation of organic methods. Alternatively, the garden shall be designed and maintained so that synthetic fertilizers, pesticides, and herbicides will not harm any adjacent property.

4.

Waste removal. The garden shall recycle and remove waste in accordance with all applicable sections of the Code.

5.

Parking requirements. The garden shall provide a minimum of one (1) parking space per one-half (0.5) acre of property on which the community garden is located during the hours of operation. The parking requirement may be met by providing either on-site parking or off-site parking within five hundred (500) feet of the property line of the property on which the community garden is located.

6.

Permitted structures. The following structures are permitted in association with an urban or community garden:

a.

Greenhouses, hoop houses, cold-frames and similar structures used to extend the growing season.

b.

Storage buildings limited to tool sheds, shade pavilions, barns, restroom facilities with composting toilets, and planting preparation houses.

c.

Benches, bike racks, raised and accessible beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, chicken coops, beehives and children's area.

7.

Use of machinery. Use of machinery and equipment is allowed, but use of machinery is limited to the hours of 8:00 a.m. to 8:00 p.m. When not in use, all such machinery and equipment (with the exception of machinery and equipment that is (i) intended for ordinary household use, (ii) borrowed or rented for a period not to exceed seven (7) days, or (iii) located in an urban garden in Light Industrial District or Heavy Industrial District) shall be stored so as not to be visible from any public street, sidewalk, or right-of-way.

8.

Buildings. Buildings shall be set back a minimum of ten (10) feet from property lines.

9.

A minimum of twenty (20) feet of lot frontage along a public right-of-way, or an access easement not less than ten (10) feet wide to provide vehicular access in case of an emergency is required.

10.

Driveways and parking may be surfaced with pervious material, including gravel.

11.

The site should be designed and maintained so that water does not cause erosion or allow sedimentation on adjacent property.

12.

No fencing shall exceed six (6) feet in height. Fencing along the front shall not exceed four (4) feet.

13.

Compost and waste collection bins must be located in the rear yard (if a building exists) and be placed at least ten (10) feet from any property line.

14.

One (1) sign located on a community garden site is permitted, provided that it shall not exceed six (6) square feet of sign area, excluding the base, and shall not exceed four (4) feet in height. Garden signs shall not be illuminated. Internally located directional, instructional, educational and labeling signs are allowed without a permit.

15.

Hours of operation (other than sales) shall be allowed from dawn until dusk. No lighting is allowed.

16.

Community gardens must comply with supplemental regulations regarding livestock, bee keeping, and temporary, seasonal sales or events, as applicable.

( Ord. No. 15-06 , 8-25-2015)