Community gardens are subject to the following regulations.
   (A)   A community garden area may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group.
   (B)   Community garden group members may or may not reside on the subject property.
   (C)   Any structure used in conjunction with a community garden must comply with the following requirements:
      (1)   Be located at least ten feet from any property line.
      (2)   If the total area of structures used in conjunction with a community garden does not exceed 64 square feet, the structures are not considered accessory buildings. Otherwise, all structures used for community gardens are accessory buildings and must comply with the applicable accessory use and structure regulations of § 155-10.10.
      (3)   The following are not considered structures for the purposes of this section: benches, bike racks, cold-frames, hoop houses, raised/ accessible planting beds, compost or waste bins, picnic tables, garden art, rain barrel systems, and children's play areas.
   (D)   The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property.
   (E)   Sales and donation activities may occur only in locations where retail sales or farm (roadside) stands are an allowed use, provided that on-site sale and donation of crops grown on the community garden site may be authorized as a temporary use in accordance with § 155-10.20.
   (F)   Garden beds on sites known to have been previously occupied by a commercial or industrial use must be raised (elevated) at least 12 inches above surrounding grade. If raised garden beds are not used, the applicant must provide a Phase 1 Environmental Site Assessment (ESA) or applicable site history. Any historical sources of contamination identified in the ESA or applicable site history must be tested to determine type and level of contamination; appropriate remediation procedures must be undertaken to ensure that soil is suitable for gardening. If a raised garden bed is used, it must be made of untreated lumber or plastic.
   (G)   The operator of a community garden must maintain the property in productive use during the growing season.
   (H)   At the end of each growing season annual vegetation must be cut down to a height of not more than six inches above ground level.
(Ord. effective 10-1-2012; Ord. 18-1, passed 1-18-2018)