Sec. 59-G-2.30. Nursery, horticultural retail.

This use may be allowed together with incidental buildings upon a finding by the Board of Appeals that the use will not constitute a nuisance because of traffic, noise, hours of operation, number of employees, or other factors.  It is not uncommon for this use to be proposed in combination with a wholesale horticultural nursery, a landscape contractor, or a mulch/compost manufacturing operation.  If a combination of these uses is proposed, the Board’s opinion must specify which combination of uses is approved for the specified location.

   (1)   The sale of the following materials and equipment directly related to residential gardening is allowed:

      (i)   Plants, trees, shrubs, seeds, and bulbs, whether or not grown or produced on site;

      (ii)   Fertilizers, plant foods, and pesticides; and

      (iii)   Hand tools, hand spraying, and watering equipment.

   (2)   The incidental sale of seasonal items may also be allowed.

   (3)   The following restrictions on operations apply:

      (i)   Tools and equipment for sale must not be displayed outdoors.

      (ii)   The sale of general hardware or power equipment is not allowed.

      (iii)   The board may limit hours of operation and number of employees to prevent adverse impact on adjoining uses.

      (iv)   The manufacture of mulch, other than by composting of plant material, is not allowed.

   (4)   Location and development standards are as follows:

      (i)   The minimum area of the lot is 2 acres.

      (ii)   The minimum building setback from any property line is 50 feet.

      (iii)   Adequate parking must be provided on site in accordance with the requirements for general retail sales under Article 59-E.

      (iv)   The property must front on and have direct access to a public road built to primary or higher standards, with the possible exception of properties in the Rural, Rural Cluster, and Rural Density Transfer zones. In the Rural, Rural Cluster, and Rural Density Transfer zones, frontage on and access to a public road built to primary or higher standard is not required if the Board makes the following findings:

      —Road access will be safe and adequate for the anticipated traffic to be generated; and

      —The use at this location will not be an intrusion into an established residential neighborhood.

      These requirements apply only to petitions filed on or after March 25, 1986. A nursery or commercial greenhouse special exception for which a petition was filed with the Board prior to March 25, 1986, is a conforming use and may be amended in accordance with the modification provision of Section 59-G-1.3(c).

   (5)   Any retail nursery or garden center established as a permitted use before October 22, 1985, and any retail nursery established pursuant to a building permit application filed before October 22, 1985, is not required to obtain a special exception, except for any future expansion or diversification beyond the scope of paragraphs (1) and (2).

(Legislative History: Ord. No. 10-69, § 9; Ord. No. 13-31, § 5; Ord. No. 13-35, § 1; Ord. No. 13-107, § 3; Ord. No. 13-112, §1; Ord. No. 14-36, § 1 ; Ord. No. 14-49, § 1 .)