(a) General requirements.
(1) A single responsible party shall be identified for any urban farm. The party may be a private resident, nonprofit or for profit entity.
(2) A land use certificate of occupancy (CO) shall be required for any area that is used solely for food crop production. Contiguous property within a production unit may be included within one CO. Noncontiguous property will require separate COs.
(3) Building permits and COs shall be required for any habitable structure. Building permits shall be required for non-habitable structures greater than 400 square feet.
(4) A maximum 12 square foot sign may be provided displaying the operator and description of the operation.
(5) Large animals. Raising large animals for production or slaughter or both shall not be an allowed use under urban agriculture. Large animals are allowed in accordance with § 5.307.
(6) Fowl are allowed in accordance with Appendix B, "Code Compliance" Section 11A-22, "Keeping of Pigeons and Certain Fowl" of the city code.
(7) Parking may be provided off-site if employees are parking personal vehicles and traveling to the worksite in a single or minimal number of vehicles. If personal vehicles are parked on the street at a site in a residential area, the vehicles shall not remain parked longer than four hours in a workday.
(8) Urban forestry requirements shall not apply for any production area. Trees shall be required as part of a required landscape buffer when structures requiring a building permit are on the site, including nonproduction areas such as retail and warehouse. Fruiting trees may be provided as credit toward the buffer and planting requirements. An urban forestry plan showing the existing conditions and any trees to be removed shall be provided. If trees are removed for agricultural purposes and the agricultural use ceases within five years, replacement trees shall be installed from the protected tree list.
(9) Odor shall be controlled on all urban gardens and farms so as to not be a nuisance to surrounding properties. Any sources of odor shall be controlled and mitigated in accordance with the city code and all applicable laws.
(10) Beekeeping/apiary is allowed with the below regulations:
a. The responsible parties, who are beekeepers, must adhere to all applicable state laws concerning the care and handling of bees.
b. Honeybee colonies are kept in hives with removable frames or top bars with dividers, which shall be maintained in sound working condition.
c. The numbers of hives is tailored to the size of the lot as follows: a maximum of two hives on lots ¼ acre or smaller, four hives on lots larger than ¼ but less than ½ acre, six hives on lots larger than ½ acre but smaller than one acre. There shall be no limit on the number of hives on lots larger than one acre. The number of hives may increase by up to 50% over the designated limits for a period not greater than 60 days. The Development Services Director or designee shall have the authority to require a person to reduce the number of hives or require other reasonable safety precautions in an apiary in order to abate any nuisance.
d. If a hive's orientation has the hive entrances located perpendicular to and within 25 feet or less of an adjacent property line, a solid wall, fence, hedge or combination thereof at least six feet high shall be placed between hives and adjacent property lines of developed properties, and extends at least four feet beyond the hive in each direction along the property line in order to minimize interactions between bees and the adjacent property.
e. A convenient source of water is provided to the bees on the property at all times during the year to discourage bees from congregating at swimming pools, hose bibs, or other water sources where contact with humans or pets may occur.
f. No wax comb or other material that encourage robbing by other bees is left upon the grounds of the lot; instead this material should be stored in sealed, insect-proof containers or closed buildings. For a period not greater than 24 hours frames and hone harvesting equipment may be left in the bee yard to allow bees to clean excess honey from the equipment.
g. If a colony exhibits aggressive behavior without provocation, the beekeeper will ensure that the colony is re-queened or otherwise managed using customary beekeeping practices.
(11) Watering equipment shall comply with the water regulations of the City of Fort Worth. Irrigation shall utilize water conserving fixtures.
(12) Delivery of compost, mulch, soil, or other clean organic or inorganic materials shall be allowed, provided however, that the storage of the materials shall not exceed six feet in height and is screened from public view.
(13) Chemical applications such as pesticides, herbicides, and fertilizers are allowed provided that state regulations are followed and the responsible party obtains the required permits. However, organic growing practices are preferred due to the negative impacts of many chemicals on environmental quality and public health.
(14) All food products provided for sale shall comply with the requirements of Chapter 16 "Health and Sanitation" of the city code.
(15) Property shall be restored to its former condition immediately prior to or an improved state upon cessation of the urban agriculture use, including but not limited to, the removal of all agricultural structures, tanks, raised beds, irrigation lines and equipment.
(b) In all residential districts as a primary use and "ER" Neighborhood Commercial as a primary use:
(1) On site sales shall be allowed sunrise to sunset, not to exceed three days per week. A maximum sales area 50 square feet with one temporary structure to be used the day of the sale. A maximum two foot by two foot signage shall be allowed the day of sale. A temporary sandwich board sign shall be allowed within ten feet of the site of sales.
(2) Sales may occur in accordance with division (b)(1) above for nonresidential properties in residential districts, e.g. churches and schools.
(3) There shall be no size limitation for urban farms.
(4) Coverage of buildings shall be determined by the lot coverage for the zoning district. Any vertical structure over four feet is included in this calculation and includes classrooms, greenhouses, and storage structures.
(5) Screening fences are required for the storage of compost, mulch and similar items. Storage piles or the fence shall not exceed six feet in height. Storage of these items shall not be visible from the ground level of adjacent residential property or public street. Open security fencing shall be allowed for all production areas provided however fences in the front yard shall comply with § 5.305.
(6) Cisterns shall not exceed 500 gallons and/or six feet in height, whichever is greater.
(7) Aquaponics shall be allowed within a structure with no outside storage of equipment or materials.
(8) When the agricultural use is accessory to a primary residential use:
a. Division (b)(1) above applies; and
b. Front yard gardens are allowed for crop production. Once production ceases and plants begin to die back, the yard shall be maintained. No weeds or other unkempt conditions shall remain. Plants that seed shall be allowed to remain during the seeding process but shall be otherwise maintained.
(c) In "E", "F" and "G" commercial districts and "CF" community facilities district:.
(1) Production plus permanent or temporary retail sales allowed. Permanent sales facilities shall operate in accordance with § 5.145 as a farmer's market. Temporary sales operations shall comply with division (b)(1) above.
(2) Aquaponics shall be allowed within a structure, with no outside storage of equipment or materials.
(3) Self-pick farms are allowed. Parking shall be required at one vehicle per four employees and one vehicle per acre of urban farm for customer parking and may be provided as compacted gravel base.
(4) Screening fences are required for the storage of compost, mulch and similar items. Storage piles or the fence shall not exceed six feet in height. Open security fencing shall be allowed for all production areas. Any retail or nonproduction structure or any structure that contains a portion of these activities shall comply with the commercial regulations of the Zoning Ordinance.
(5) Motorized equipment shall not exceed ten horsepower.
(d) In "I", "J" and "K" industrial districts.
(1) The commercial requirements in division (c) above apply; warehouse/distribution uses are allowed.
(2) Storage of equipment and vehicles including tractors, spreaders and harvesting equipment may only occur on lots within industrial districts.
(3) Aquaponics shall be permitted within or outside a structure.
(4) Storage piles and fencing may exceed six feet in height.
(e) In "H" central business district, mixed use ("MU) and form-based districts.
(1) Acreage shall be limited to one acre.
(2) Motorized equipment shall not exceed ten horsepower.
(3) Screening fences are required for the storage of compost, mulch and similar items. Neither the storage piles nor the fence shall exceed six feet. Open security fencing shall be allowed for all production areas. Any retail or nonproduction structure or any structure that contains a portion of these activities shall comply with the commercial regulations of this section.
(f) Site plans.
(1) A site plan is required for any urban farm under division (b) through (e) above operated as a primary use. The site plan shall show all areas used for the farming purposes and may include a multi-lot production unit. The site plan may be approved administratively by the development services director or designee. Operations as an accessory to a residential use shall not be required to provide a site plan. The site plan may be prepared by the applicant.
(2) A site plan shall include the following information:
a. Name and contact information of responsible party(ies);
b. The land area included within the site, the zoning classification of adjacent sites, and a plat, or survey if not recorded;
c. A legal description of the platted lots of the proposed site and the boundaries thereof;
d. The location of each proposed permanent structure on the site labeled with the intended use and include the distance to the property lines;
e. The location of any temporary sales structure;
f. Identification of the location of outdoor storage including composting, organic debris, and permanent equipment. Storage in piles shall provide intended maximum pile height;
g. Identification of any equipment to be used in the crop production, location of storage and expected frequency and duration of use;
h. The dimensions and capacities of parking areas and loading areas, as applicable;
i. Depiction of the landscaping of all street frontages for retail or warehouse uses or a note that it will comply with § 6.301 of the Zoning Ordinance;
j. The location and height of all walls, fences and screen planting and landscaping;
k. The location of parking for employees;
l. The location, size, height, foot candle level (brightness) and direction of all lighting in residential districts or adjacent to "A" or "B" residential districts. Lighting in residential districts or adjacent to "A" or "B" residential districts shall be shielded in order to eliminate light trespass onto adjacent properties;
m. Proposed signage if applicable. Signage for nonproduction uses shall meet the regulations of the applicable zoning district;
n. The location and screening of refuse containers, mechanical equipment, and other structures not requiring a building permit;
o. A schedule of the phasing of all improvements shown in the plan, if applicable;
p. For production areas only: if not provided on the farming site, a note shall be provided where restrooms shall be available for employees. If at the farm's business office, provide the location. If by agreement with a surrounding business, provide the name and address of the business and a copy of the written agreement. Temporary restroom facilities shall be allowed as allowed by Chapter 16 "Health and Sanitation" of the city code. Restrooms shall be provided in accordance with applicable building codes for retail, warehouse, and distribution structures.
q. Location and type of water supply and electrical outlet(s) provided for the farm/garden.
Note: A basic storm water/erosion and sediment control plan will be required for review.
Note: All regulations of the Zoning Ordinance apply unless a variance is received and provided on the site plan.
(g) Community garden.
(1) On site sales shall be allowed sunrise to sunset, not to exceed three days per week. Maximum sales area 50 square feet with a temporary structure to be moved to the point of sale only the day of the sale. Maximum 2 ft. x 2 ft. signage shall be allowed for the day of sale only. A temporary sandwich board sign shall be allowed within ten feet of the site of sales.
(2) No fencing or landscaping required, but gardens shall be maintained to a residential standard. No weeds or other unkempt conditions shall remain.
(3) No additional parking spaces are required.
(4) No size limit but shall be located on a platted residential lot.
(5) Accessory structures shall not exceed 400 total square feet.
(6) Landscaping structures such as arbors may be installed for aesthetic and shade purposes behind the required front setback.
(7) The maximum structure lot coverage for the applicable zoning district shall apply.
(8) A minimum 2 ft. x 2 ft. permanent unilluminated sign shall be installed providing the phone number of a contact person. A maximum 32 square foot sign may be installed behind the required front setback. The sign shall be well maintained and removed upon closure of the garden.
(Ord. 22335-08-2016, § 1, passed 8-2-2016; Ord. 24030-02-2020, § 22, passed 2-4-2020)