1109.04 COMMUNITY GARDENS AND URBAN AGRICULTURE.

   (a)   Applicability.

      (1)   Community gardens and urban agriculture are permitted as a primary or an accessory use in all zoning districts, subject to approval of a zoning permit per Title Six - Administration and Procedures.

      (2)   Where the operator of an urban agriculture site or community garden is not the property owner, written permission from the property owner shall be required before gardening or agricultural activities may commence.

   (b)   Operator Contact Information Required.

      (1)   In addition to any other applicable information required as part of a permit per Title Six - Administration and Procedures, permit applications for community gardens or urban agriculture shall include contact information for the organization or individuals responsible for maintenance of the use, including names, mailing addresses, emailing addresses, and telephone numbers.

      (2)   Should the contact information be changed for an operator of a community garden or urban agriculture, the operator must file an updated contact list with the City on a form made available by the City Administrator.

   (c)   Permitted Activities That Require a Zoning Permit. The following activities shall be permitted as part of an approved urban agriculture site or community garden for agricultural, floricultural, or horticultural commodities:

      (1)   Cultivation, growing, and harvesting, including the operation of greenhouses, hoop houses, cold frames, and similar structures.

      (2)   Operating farm stands.

   (d)   Permitted Activities That Do Not Require a Zoning Permit. The following activities typically associated with community gardens and urban agriculture do not require a zoning permit to operate on private property:

      (1)   Composting in compost bins.

      (2)   Keeping hens.

      (3)   Beekeeping.

   (e)   Prohibited Fowl. All fowl except for hens are prohibited from being kept. Such prohibited fowl include but are not limited to:

      (1)   Roosters.

      (2)   Quail.

      (3)   Geese.

      (4)   Turkeys.

      (5)   Ducks.

      (6)   Ostriches.

   (f)   Keeping of Hens.

      (1)   The keeping of hens shall not be permitted as the primary use of an urban agricultural site or community garden.

      (2)   Hens shall have access to an outdoor coop or enclosure adequately fenced or otherwise bound to contain the birds on the property and to prevent access by dogs and other predators. Such coop and enclosure shall provide at least ten (10) square feet of area for each bird.

      (3)   The coop, the enclosure, and other spaces where hens graze shall not be in a side yard or a front yard.

      (4)   Not more than six (6) hens per lot are permitted.

      (5)   Roosters are not permitted under any circumstances.

      (6)   On-site slaughtering of hens is prohibited.

      (7)   The coop, the enclosure, and any other constructed elements and reserved space for hens shall not exceed eight (8) feet in height, shall not occupy more than twenty-five percent (25%) of a rear yard, and shall not be closer than five (5) feet from any lot line.

   (g)   Beekeeping and Apiaries.

      (1)   Enclosures and apiaries associated with beekeeping shall not be closer than forty (40) feet from any lot line.

      (2)   Any lot smaller than two (2) acres shall not exceed two (2) hives or enclosures for beekeeping.

      (3)   Individual hives or enclosures shall not exceed five (5) feet in height and twenty (20) cubic feet in size on any lot.

   (h)   Farm Stands.

      (1)   Farm stands shall be permitted as accessory to a community garden or urban agriculture site, but they may only sell products harvested from the subject property.

      (2)   Up to one (1) farm stand per lot shall be permitted.

      (3)   Farm stands shall only operate between the hours of 8:00 a.m. and 8:00 p.m.

       (4)   If the farm stand is a permanent structure, it must adhere to the applicable accessory structure standards of this Code.

      (5)   Tables, chairs, or any other equipment associated with a farm stand must be stored away from view when the farm stand is not operating.

   (i)   On-site Composting.

      (1)   On-site composting shall not be permitted as the primary use of an urban agricultural site or community garden and may not occupy more than twenty percent (20%) of the property.

      (2)   Bins and materials associated with composting shall not be closer than fifteen (15) feet from any lot line.

      (3)   Materials that will or are being composted shall be stored in a manner that is not visible from adjacent residential properties.

      (4)   Where there is found to be an insect or rodent infestation, the composting activity shall discontinue, and composting equipment shall be removed until thirty (30) days after the insect or rodent infestation is addressed and removed.

   (j)   Fencing. Fencing shall comply with the applicable regulations of Article 1114 - Fences, Walls, and Screening.

   (k)   Agricultural Structure and Site Design Requirements.

      (1)   All agricultural structures over 200 square feet shall require a building permit.

      (2)   Where a parcel contains no dwelling or other principal structure, any agricultural structures other than fences shall be deemed accessory to the community garden or urban agriculture use.

      (3)   Where an urban agriculture site or community garden is the primary use of a property, any structures on the lot shall be used only for agricultural purposes.

      (4)   Any agricultural structures that are abandoned, or all structures associated with an urban agriculture site or community garden that ceases to operate, shall be removed within sixty (60) days of abandonment or discontinuance of the use .

      (5)   In residential districts, structures associated with an urban agriculture site or community garden shall only be in the rear yard of the subject property. Where the subject property is not improved with a dwelling or other approved principal structure, the rear yard shall be identified and assigned by the City Administrator based on the average location of rear yards for improved properties on either side of the subject property.

   (6)   Permitted agricultural structures include greenhouses, hoop houses, cold frames, and similar structures for the growing of plants.

      (7)   Permitted site design elements include open space for active and passive recreation including children's play areas.

      (8)   Permitted accessory structures include sheds, gazebos, pavilions, and similar structures.

   (l)   Maintenance.

      (1)   The property shall be maintained in an orderly manner, free of excessive weeds, debris, vermin, or standing water.

      (2)   Any citations for enforcement action against a property with an urban agriculture site or community garden shall be issued to the listed operators of the property.

         (Ord. 081-2023. Passed 10-3-23.)