(a) Purpose and intent. The provisions of this section are intended to preserve opportunities for food production while minimizing negative impacts on neighboring properties.
(b) Gardening. Growing and harvesting plants for food or enjoyment within individual or community gardens is considered to be customarily incidental to other land uses and is permitted in all zoning districts. Community gardens, where more than three households garden on a given site, must meet the following standards.
(1) Given high activity levels, community gardens must be at least 50 feet from any dwelling on a neighboring lot and at least 30 feet from any lot used residentially or platted for future residential use.
(2) Community gardens are prohibited on single- and two-family sites, including vacant single- and two-family sites.
(3) From November 1 to April 1, all community gardening materials (except fencing and watering tanks) must be stored within a building.
(c) Farm animal and farm poultry shelters and enclosures, and beehives. Shelters, enclosures, fenced areas, and beehives in which farm animals, farm poultry, and bees are kept must meet the following standards.
(1) Chicken shelters, enclosures and fenced areas for four or fewer hen chickens:
(A) Must be at least 30 feet from any property lot line;
(B) Must be located closer to the owner's dwelling than any dwelling on a neighboring lot;
(C) A shelter must be set back a minimum of 50 feet from any dwelling on an abutting parcel;
(D) Must be located in the rear or side yard and set back at least 50 feet from any adjacent street; and
(E) Count against the number and size of accessory buildings allowed on site if over 50 square feet in area.
(2) Beehives. Beehives must meet the following standards:
(A) A beekeeper may not place a beehive in the front yard. For the purposes of this Section, a corner lot is considered to have two front yards.
(B) A beekeeper must place a beehive closer to the primary structure on the site of the beehive than any primary structure or dwelling on an adjacent site.
(C) A beekeeper must place a beehive at least 15 feet from any site line.
(D) A beekeeper must place a beehive at least 25 feet from any dwelling unit on adjacent property and at least 25 feet from any public right-of-way.
(E) In each instance where a beekeeper has an apiary and places a beehive less than 25 feet from the site line, as measured from the nearest point on the beehive to the site boundary, the beekeeper must establish and maintain a flyway barrier at least six feet in height.
(i) The flyway barrier must consist of a wall, fence, dense vegetation or a combination thereof, such that bees will fly over rather than through the material to reach the beehive.
(ii) The flyway barrier must continue parallel to any qualifying site lines for ten feet in either direction from the beehive or contain the beehive or beehives within a solid enclosure that is at least six feet in height.
(iii) A flyway barrier is not required if the beehive is located on a rooftop at least six feet above grade.
(F) A beehive located on a rooftop is prohibited on a residential structure.
(G) A beehive located on a rooftop must be screened in accordance with § 21.301.18.
(H) A beehive(s) and an apiary, individually or in combined total, that occupies over 50 square feet in area will be calculated as an accessory building in determining the number and size allowed on each lot.
(I) An apiary is limited to the following number of beehives based on the size of the lot:
(i) ½ acre or smaller = 2 beehives.
(ii) More than ½ acre to ¾ acre = 4 beehives.
(iii) More than ¾ acre to 1 acre = 6 beehives.
(iv) More than 1 acre to 5 acres = 8 beehives.
(v) More than 5 acres = no restriction.
(J) Each beekeeper must ensure that a convenient source of water is available to the colony so long as colonies remain active outside of the beehive.
(K) Three or more dwelling unit properties. A beekeeper may not place a beehive on a property with three or more dwelling units.
(L) Ownership occupancy. Except for a beehive located on a non-residential site, the beekeeper of the beehive must live in the dwelling on the property.
(M) No beehives in dwellings or garages. Beehives must not be kept inside of a dwelling or garage.
(N) Beekeepers must select queens from European stock bred for gentleness and non-swarming characteristics.
(3) All other shelters, enclosures and fenced areas for farm poultry, and farm animals as defined in § 12.91 of this code:
(A) Must be at least 150 feet from any dwelling on a neighboring lot;
(B) Must be at least 100 feet from any lot used residentially or platted for future residential use;
(C) Must be located closer to the owner's dwelling than any dwelling on a neighboring lot;
(D) Must not be located in the front yard and must not be located closer to the property line along the street than the principal structure is from the same street unless set back at least 50 feet from the property line adjacent to the street; and
(E) Count against the number and size of accessory buildings allowed on site if over 50 square feet in area.
(d) Prohibited agriculture. The following types of agricultural activities are prohibited in all zoning districts due to potential negative impacts on neighboring properties:
(1) Commercial agriculture, except beekeeping and indoor agriculture;
(2) Feedlots;
(3) Fur farms;
(4) Slaughterhouses; and
(5) Manure storage.