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(a) Permitted Accessory Structures. In addition to fences, as regulated in division (b) of this section, a permitted agricultural use may be served by the following accessory structures: sheds, greenhouses, coops, cages, beehives, hoophouses, cold frames, barns, rain barrels, composting, farm stands as regulated in division (d) of this section, and similar structures not exceeding fifteen (15) feet in height.
(b) Fences. Fences for agricultural uses shall be permitted in accordance with the regulations applicable to fences in Residential Districts, except that the following regulations shall apply where an agricultural use is the principal use in a Residential District.
(1) Front Yard and Other Street Yard. A fence located in a required front yard, side street yard or other street yard, shall not exceed four (4) feet in height and shall be either ornamental or black or dark green, vinyl-coated chain link.
(2) Other Locations. A fence located at or behind the setback line of a required front yard or other street yard shall not exceed six (6) feet in height and shall be either ornamental or chain link. Any open lot area between a fence and a street line shall be planted with grass or other vegetation.
(c) Setbacks for Structures. No permitted accessory structures to an agricultural use, other than fences and farm stands, shall be located in a required front yard or side street yard area line or within eighteen (18) inches of an interior side or rear lot line.
(d) Farm Stands and Sale of Produce. The sale of produce and the placement of farm stands shall be permitted only in accordance with the following regulations.
(1) Sale of Produce. Where such sales have been permitted by the Board of Zoning Appeals, agricultural products, plants, eggs and honey grown or produced on a property or within one thousand (1,000) feet of the subject property may be sold on the premises of an agricultural use in a Residential District if the agricultural use is the only use of the subject property or occupies at least seventy-five percent (75%) of the property or at least four thousand (4,000) square feet. In addition, foods prepared on site or off site may be sold if the principal ingredients are grown or produced on the subject property or within one thousand (1,000) feet of the subject property. No sales shall be made before 8:00 a.m. or after dusk. Food sales shall be licensed by the Cleveland Department of Public Health if such licensing is required in the City’s Codified Ordinances.
(2) Farm Stands. Where a farm stand has been permitted by the Board of Zoning Appeals, any such farm stand located in a required front yard area in a One-Family or Two-Family District shall be removed from the front yard or stored inside a building on the premises during that time of the year when the garden or farm is not open for public use. Farm stands shall not occupy more than two percent (2%) of the subject property’s land area and, in One-Family and Two- Family Districts, farm stands also shall not exceed two hundred (200) square feet in area on the subject property. A farm stand shall be set back at least eighteen (18) inches from any lot line.
(3) Board of Zoning Appeals Approval. No agricultural produce or related products may be sold from the property of an agricultural use and no farm stand for the sale of such products may be located on the property unless the Board of Zoning Appeals determines, after public notice and pubic hearing, that the farm stand and sales will meet a community need without adversely affecting the neighborhood. In making this determination, the Board shall consider, among others, the following factors:
A. The nature of nearby uses of land with respect to their sensitivity to the activity associated with farm stand sales;
B. The proximity of the farm stand to one (1) family and two (2) family houses;
C. Traffic volumes on the street on which the subject property is located;
D. The availability of off-street or on- street parking to serve the farm stand use;
E. The proximity of other farm stands serving the immediate area; and
F. The maintenance of a substantially unobstructed view in the set back area which shall include a clear view through the farm stand above a height of three (3) feet.
(e) Signs. Where an agricultural use is the principal use in a Residential District or occupies at least seventy-five percent (75%) of the property or at least four thousand (4,000) square feet, one (1) sign shall be permitted on each street frontage identifying the agricultural use and listing hours of operations for market sales and contact information. Such sign shall not exceed four (4) square feet in area and, if freestanding, shall not exceed three (3) feet in height and shall be set back at least five (5) feet from all property lines unless the sign is placed on a permitted farm stand. No signs shall be permitted for an agricultural use that is an accessory use in a Residential District.
(f) Composting. Composting may be conducted on the premises of an agricultural use if limited to use on the subject property and if stored in a manner that controls odor, prevents infestation and minimizes runoff into waterways and onto adjacent properties.
(g) Maintenance. Any land devoted to agricultural use shall be well-maintained and shall be free of excessively tall weeds or grass. All accessory structures to an agricultural use shall also be well maintained.
(h) Building Permits. No Building Permit or Certificate of Occupancy shall be required for establishment of an agricultural use. A Building Permit shall be required for installation of a fence or for construction of a barn or other structure routinely requiring such permit, except that no Building Permit shall be required for cages, coops, beehives or similar structures that are not permanently attached to the ground or to another structure and do not exceed thirty- two (32) square feet in area nor eight (8) feet in height. No farm stand shall be installed without issuance of a Building Permit. The application for such Permit shall include the name, address and phone number of the operator of the farm stand; the length, width and height of the farm stand; a description of the type of produce to be sold from the farm stand; and the name of the property owner. If the applicant is not the property owner, the applicant shall include with the Permit application a written statement from the property owner authorizing the applicant to install and operate the farm stand.
(i) Definitions. As used in this section:
(1) “Farm stand” means a temporary structure used for display or sale of produce as described in division (d)(1) of this section and that meets the requirements of this section.
(2) “Subject property” refers to a parcel of land or two (2) or more adjacent parcels of land in agricultural use.
(Ord. No. 814-10. Passed 10-4-10, eff. 11-3-10)