A. Where permitted, community gardens shall be subject to the following conditions:
1. Community Gardens Permitted: Community gardens are permitted in all zoning districts.
2. Use: Community gardens may be the principal or accessory use on a parcel.
3. Retail Sales Prohibited: No on site retail sales shall be permitted with regard to community gardens.
4. Excavation: No excavation for the community garden shall occur until after the property owner has had all underground utilities located on the site and has clearly marked the area where gardening may occur without disturbance to utilities.
5. Location: Community gardens shall not be located within any public easement.
6. Accessory Buildings: Accessory buildings for community gardens are not permitted on vacant parcels. Developed parcels may have accessory buildings as allowed in the underlying zoning district.
7. Parking: Parking for the community garden shall be provided on streets where parking is permitted or on an existing parking surface with the written permission of the owner of the parking surface.
8. Trash Containers: Trash containers may be provided on site provided they meet accessory structure setbacks for the underlying zoning district and are screened by an opaque fence and/or landscape plantings of sufficient height to screen the containers. All trash shall be removed from the community garden site at least once per week.
9. Compost Bins: Compost bins are permitted as regulated by section 8-6-6 of this code.
10. Setback: The community garden shall be set back a minimum of five feet (5') from all property lines in order to provide a vegetated buffer of grass or other plants to minimize the transfer of sediment and to delineate the edges of the community garden.
11. Paths: Paths may be installed to access the community garden and individual community garden plots provided the paths are constructed using natural landscape materials including wood chips, mulch, landscape rock or pea gravel.
12. Negative Impacts Prohibited: The community garden site shall be designed and maintained to prevent negative impacts to adjacent properties from individual gardeners and gardening activities including, but not limited to, irrigation, fertilizer, soils, stormwater, cultivated areas, trespassing and garden debris.
13. Maintenance: Community gardens shall be maintained in a neat and orderly manner. Trash, weeds, dirt piles and debris of any sort shall not be allowed to accumulate on the community garden site.
14. Community Garden Site Restoration: Upon cessation of the community garden, the community garden site shall be fully restored to the pregarden status. All aboveground remains of the community garden shall be promptly removed and the ground leveled and restored so it can be utilized for uses permitted in the zoning district.
15. Community Garden Signage: One nonilluminated community garden identification sign may be displayed provided:
a. The sign shall not exceed ten (10) square feet in area or ten feet (10') in height and the sign shall be set back a minimum of ten feet (10') from property lines;
b. Current contact information for the community garden should be posted on the sign including the property owner and community garden manager contact name(s), address(es), and telephone number(s).
Personal gardens are not subject to the above conditions imposed on community gardens. Personal gardens may be the principal or accessory use on a parcel.
B. Where permitted, market gardens shall be subject to the following provisions:
1. Market garden planting areas can be no larger than ten percent (10%) of lot area and shall not be located in front yards.
2. Retail Sales Allowed: On-site sales are allowed under the following conditions:
a. The only products sold are the food crops grown in the market garden on the property;
b. Sales are limited to a maximum of seventy-five (75) sales days per calendar year;
c. Sales shall take place only between the hours of eight o’clock (8:00) A.M. to seven o’clock (7:00) P.M. weekdays and nine o’clock (9:00) A.M. to seven o’clock (7:00) P.M. on weekends;
d. Sales cannot take place on the public sidewalk or boulevard.
3. Setback: The market garden shall be set back a minimum of five feet (5') from all property lines in order to provide a vegetated buffer of grass or other plants to minimize the transfer of sediment and to delineate the edges of the market garden.
4. Equipment: Market garden equipment shall be limited to that which is commonly used for household gardening. Any tools, equipment, and material shall be stored and concealed within an enclosed, secured structure.
5. Negative Impacts Prohibited: The market garden site shall be designed and maintained to prevent negative impacts to adjacent properties from gardening activities including, but not limited to, irrigation, fertilizer, soils, stormwater, cultivated areas, and garden debris.
6. Maintenance: Market gardens shall be maintained in a neat and orderly manner. Trash, weeds, dirt piles and debris of any sort shall not be allowed to accumulate on the market garden site. When a market garden is discontinued the property shall be restored with native plantings, grass, or other allowed ground cover.
7. Nuisance: Improperly maintained market gardens are subject to nuisance abatement procedures as detailed elsewhere in this code. (Ord. 1253, 5-29-2012; amd. Ord. 1412, 7-12-2021)