(A) Purpose and intent.
(1) It is the intent of this section to allow, encourage, and provide for community gardens in all zoning designations subject to the established stipulations and any site specific conditions.
(2) The purpose of this section is to establish appropriate standards which allow for community gardens, while mitigating any associated undesirable impacts. Community gardens may create impacts which can be detrimental to the quality of life of adjacent property owners.
(B) Application and review process.
(1) An application for an administrative review of the community garden shall be submitted along with a site plan to the Planning and Development Department on forms provided by the town with all the supporting applicable requirements.
(2) The application shall be reviewed by the Planning and Development Department in conjunction with other appropriate town departments, and a decision on issuance of the permit shall be made after allowing ten days for public comment.
(3) Notice shall be provided by first class mail, postmarked at least five days prior to the determination, to adjacent property owners determined by the Planning and Development Department as potentially affected by the request.
(C) Standards of review.
(1) Accessory structures shall:
(a) Be limited to the rear 50% of the lot.
(b) Not exceed a combined floor area of 200 square feet or 1% of the lot size (whichever is greater).
(c) Comply with the setbacks of the zoning district in which the garden is located if not an exempt structure.
(d) Be no closer than three feet from any property line.
(2) Fencing shall complement the surrounding properties with regards to design, materials, and colors.
(3) Hours of operation and visitation shall be limited to daylight hours only.
(4) (a) For a community garden in a residential district, signage is limited to a single, non-illuminated, flat sign of no more than six square feet.
(b) Signage in all other districts shall comply with the corresponding standards.
(5) Unattended animals are prohibited within community gardens.
(6) Additional stipulations may be created by the Planning and Development Director based on site specific conditions and input from adjacent property owners.
(D) Appeals. Any person aggrieved by a decision of the Planning and Development Director may appeal to the Planning and Zoning Commission within 30 calendar days of the decision. The Commission may reverse, affirm, or modify the decision of the Planning and Development Director.
(Res. 2877, passed 9-17-15; Ord. 871, passed 9-17-15)