155.4210. INSTITUTIONAL: OPEN SPACE USES

An arboretum or botanical garden is a garden or place where trees, shrubs , or other woody plants are grown, exhibited or labeled for scientific, educational, or passive recreational purposes, not including the harvest of plants or their produce.

B. Cemetery or Mausoleum

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A cemetery or mausoleum is a state-licensed use intended for the burial of the dead and dedicated for cemetery purposes. This use type may include a funeral home or mortuary or a mausoleum or columbarium (a structure or vault lined with recesses for cinerary urns), but does not include a crematory.

3. Standards

Except as otherwise stated, the development and expansion of cemeteries shall comply with the following standards:

a. A new cemetery shall be located on a site with an area of at least two acres. (This standard shall not apply to existing cemeteries or the expansions thereof.)

b. A new cemetery shall be located on a site that fronts an arterial or collector street.

c. A cemetery shall include adequate space for the parking and maneuvering of funeral processions.

C. Community Garden

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A community garden is a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person, household, or family. Community Gardens may be divided into separate plots for cultivation, or may be farmed or maintained collectively by members of a group, and may include common areas maintained and used by group members.

3. Standards

A community garden shall comply with the following standards:

a. Overhead lighting is prohibited.

b. Accessory buildings shall be limited to sheds for the storage of tools, greenhouses, and seasonal farm stands. The combined area of all buildings and other structures shall not exceed 15 percent of the area of the site.

c. Retail sales are not permitted in any Residential Zoning District. In all other Zoning Districts, retail sales are limited to sales of items grown on-site and to a sales area of less than 64 square feet.

d. Areas used for communal composting shall be limited to ten percent of the area of the site.

e. The community garden shall be enclosed within a perimeter fence other than a chain link fence that is no more than five feet high and at least 66 percent see-through. Any perimeter fences, including trellises, are subject to the standards in Section 155.5302, Fences and Walls.

f. The community garden shall have an established set of operating rules addressing the governance structure of the garden, hours of operation, assignment of garden plots, and maintenance and security requirements and responsibilities.

D. Park or Plaza

1. Districts Where Permitted

RS-1

RS-2

RS-3

RS-4

RS-L

RD-1

RM-7

RM-12

RM-20

RM-30

RM-45

MH-12

B-1

B-2

B-3

B-4

M-1

I-1

I-IX

OIP

M-2

RPUD

PCD

PD-TO

LAC

PD-1

2. Definition

A park or plaza consists of land generally open and readily accessible to the public that is used for recreation, exercise, sports, education, rehabilitation, outdoor meeting or gathering, or similar activities, or a land area intended to enhance the enjoyment of natural features or natural beauty. This use does not include commercially operated amusement parks. Accessory uses may include outdoor automated vending machines, for the convenience of the public to sell certain goods.

3. Standards

A park with an outdoor automated vending machine, as an accessory use, shall comply with the following standards:

a. Shall only be permitted on land dedicated to the public as a park or open space.

b. The park shall be located on a lot with an area of at least 3 acres in size.

c. The vending machines may not be visible from the public right-of-way.

d. The applicant must provide a plan for the removal, relocation, storage or means of securing the equipment in the event of an emergency.

(Ord. 2012-64, passed 9-11-12; Am. Ord. 2013-37, passed 1-22-13; Am. Ord. 2014-16, passed 1-28-14; Am. Ord. 2018-48, passed 3-13-18)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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