6.6.5. URBAN AGRICULTURE USES AND ACTIVITIES

   A.   Accessory Community Garden

      1.   Community gardens are permitted as an accessory use in any zone in accordance with the standards provided below.

      2.   Permitted Activities and Uses

         The following activities and uses are permitted in a Community Garden:

         a.   Growing and harvesting of agricultural products;

         b.   The keeping of food producing animals is permitted as an accessory use to the growing and harvesting of agricultural products in accordance with Section 6.6.5.E, Keeping of Food Producing Animals . Permission from the property owner is required and a sign must be posted identifying the person responsible for caring for the animals and his or her contact information;

         c.   Greenhouses and on-site sale of agricultural products grown on-site are permitted in accordance with Section 6.6.5.D and 6.6.5.F, respectively;

         d.   During an on-site sales event, a temporary booth or canopy may be located within the front yard setback of the property and is exempt from Sections 6.6.1.C and 6.6.3.B;

         e.   Outdoor activity, including the outdoor display of products for sale grown on-site , is permitted.

      3.   The growing and harvesting of agricultural products that are not in a structure are exempt from the perimeter yard requirements of the underlying zone .

   B.   Composting

   Composting shall be maintained in accordance with applicable sections of the Tucson Code, Section 4-28 of Animals and Fowl and Section 16-13 of the Neighborhood Preservation Ordinance.

   C.   Gardens

      1.   Gardens are permitted as an accessory use to any residential or nonresidential use.

      2.   Gardens not in greenhouses are exempt from this Section 6.6, Accessory Uses, Buildings, and Structures. Further, gardens may be located in the buildable area extending the full width of the lot between the principal building and the front street lot line .

      3.   Gardens in greenhouses are subject to Section 6.6.5.D.

      4.   Vertical gardens mounted on a perimeter wall or fence are permitted provided they do not affect the integrity of the wall or fence and the fastening devices do not project or otherwise create a safety hazard to adjacent property owners.

   D.   Accessory Greenhouses

   Greenhouses are permitted as accessory buildings or structures as follows:

      1.   Greenhouses must comply with Section 6.6.2, Accessory Buildings and Structures unless otherwise regulated in this section.

      2.   Except when accessory to a community garden or urban farm, greenhouses are prohibited in the buildable area extending the full width of the lot between the principal building and the front street lot line .

      3.   Passive Greenhouses

      Passive greenhouses shall comply with the dimensional standards of Section 6.6.2. Greenhouses cooled solely by an evaporative cooler are considered a passive greenhouse .

      4.   Mechanical Greenhouses

      Accessory greenhouses are permitted in accordance with Section 4.9.2.B.1.c.

      5.   The maximum permitted height of a greenhouse is 12 feet in a residential zone and in accordance with Section 6.6.4.C in a nonresidential zone .

   E.   Keeping of Food Producing Animals

      1.   This section applies to food producing animals as defined in Section 11.4.7, Animals , Food Producing.

         a.   The keeping of food producing animals shall be conducted in accordance with this Section 6.6.5.E and the Tucson Code, Chapter 4, Animals and Fowl. In the case of a conflict, the standards of this Section shall control.

         b.   This Section 6.6.5.E does not apply to:

            (1)   The keeping of livestock; or,

            (2)   Animals not defined as food producing animals such as pigeons, parrots, dogs, cats, and fish.

         c.   Uncastrated male miniature goats older than 5 months and male fowl are prohibited.

      2.   The keeping of food producing animals is permitted as an accessory use to:

         a.   Permitted residential use in residential and nonresidential zones ;

         b.   Accessory Community Garden per Section 6.6.5.A; or,

         c.   Accessory Urban Farm per Section 4.9.2.E.1.b.

      3.   Maximum Number of Food Producing Animals Permitted

         a.   Animal Units as defined in Section 11.4.2 are used as a basis for determining the maximum number of food producing animals permitted.

         b.   Animal units are assigned as follows:

 

Food Producing Animal	Units per Animal
Chicken	1
Duck	2
Turkey or Goose	4
Miniature Goat (female or neutered male only)	5

 

         c.   The calculation for the maximum number of animals permitted is the lesser of either two (2) Animal Units per 1,000 square feet of the lot size or the maximum total Animal Units of the lot size as follows:

 

Lot Size	Maximum Number of Total Animal Units Permitted
Less than 16,000 sf	24
16,000 sf to 143,999 sf	36
144,000 sf or more	48

 

         d.   It is recommended that miniature goats be raised in pairs or small groups for their well-being.

         e.   Exemptions: The following are exempt from this Section 6.6.5.E:

            (1)   Animal Production, General Farming, or Stockyard Operation Uses or when an Accessory Shelter or Structure in the RH, SR, SH, RX-1, IR, or MU zones. These uses must comply with Chapter 4 of the Tucson Code;

            (2)   Non-profit, agriculture-related organizations, such as the 4-H Club and Future Farmers of America. These organizations must comply with Chapter 4 of the Tucson Code; or,

            (3)   Rabbits, rodents, and invertebrates, such as worms. These must comply with Chapter 4 of the Tucson Code.

         f.   Requests to increase the number of permitted food producing animals are considered in accordance with Section 3.3.4, 100' Notice Procedure.

      4.   Location and Setback Requirements

         a.   Food producing animals and shelters are prohibited in the buildable area extending the full width of the lot between the principal building and the front street lot line . Food producing animals and their shelters are permitted in other perimeter yards .

         b.   Animal shelters six feet or less in height and sixteen square feet or less in area are not required to setback from side or rear property line , but are required to be behind the principal building and at least 20 feet from the dwelling unit on an abutting property.

         c.   Animal shelters more than six feet in height and greater than 16 square feet in area must be set back in accordance with Section 6.6.2.D. Shelters shall also be at least 20 feet from the dwelling unit on an abutting property. Exceptions: A setback is not required from property lines  abutting  alleys or other types of rights-of-way or easements or when adjacent to a nonresidential use.

         d.   Requests to reduce the setback requirements for animal shelters are considered in accordance with Section 3.3.4, 100' Notice Procedure, Section 3.11.1, Design Development Option, or Section 6.6.5.E.7, Existing Shelter Exemption.

      5.   The maximum permitted height of an animal shelter is 12 feet.

      6.   Food, water, and other items that may attract coyotes, bobcats, javelinas and other predators must be kept in a secure location.

      7.   Existing Shelter Exemption

         a.    A shelter for food producing animals that has existed prior to the effective date of the ordinance in a location that does not comply with the food producing animal  shelter  setback standards set in the ordinance may apply for an exemption from the affected perimeter yard  setbacks and dimension standards of this section.

         b.    To qualify for the exemption the applicant must submit a PDSD accepted site or plot plan and the shelter must meet the following criteria:

            (1)    There is proof from an aerial or other source of the shelter’

            (2)    There are no applicable Code Enforcement violations involving the shelter for the past five years submitted by a property owner within 300 feet of the subject property.

            (3)    The shelter is accepted as meeting basic construction standards by PDSD.

         c.    PDSD shall establish a single fee to cover a single plan review and inspection.

         d.    This exemption terminates on January 9, 2018.

   F.   On-Site Sale of Agricultural Products Grown On-Site

   The accessory sale of agricultural products is permitted in accordance with the following:

      1.   Sales are limited to agricultural products grown on-site , including produce and the eggs of food producing animals raised on-site ;

      2.   Outdoor sales of products grown on-site are permitted;

      3.   On-site sales are limited to the hours of 7 a.m. to 8 p.m.;

      4.   Number and Duration of Sales Events Permitted

         a.   In the residential, office, institutional reserve (IR), parking (P), and recreational vehicle (RV) zones and residential uses in nonresidential zones , the on-site sale of goods is restricted to no more than four advertised events per calendar year. An event shall not occur on more than three consecutive days. An “advertised event” is one in which the organizer advertises the sales event Citywide online, or in any newspaper;

         b.   In the commercial, mixed use, industrial, neighborhood commercial (NC), rural village center (RVC), and mixed use (MU) zones , there are no restrictions on the number and duration of sales events provided the sales are accessory to the growing of agricultural products;

         c.   The combination of yard sales and on-site sale of agricultural products shall not exceed four (4) events per calendar year.

      5.   Temporary accessory structures associated with the agricultural product sales, such as booths and awnings, are exempt from Sections 6.6.1.C and 6.6.3.B and may be located in the buildable area extending the full width of the lot between the principal building and the front street lot line . The accessory structures shall be removed at the end of the sales event.

(Ord. 11328, 12/8/2015; Am. Ord. 11732, 2/19/2020)