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(a) Definition. A community garden is defined as land managed and maintained by a public or nonprofit organization, or a group of individuals, to grow and harvest food crops and/or ornamental plants for use by a group, individuals cultivating the land and their households, or for donation. Community gardens may be divided into separate plots for cultivation by individuals or used collectively by members of a group. A community garden may be a principal or accessory use of a site.

(b) Permitted uses.

(1) Community gardens are permitted by right in conservation, agricultural, low density residential (R-1), commercial, and industrial zoning districts; and permitted by special exception in medium-high density residential zoning districts (R-2, R-3) subject to the requirements of this section.

(2) Community gardens may include the following uses:

a. The cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity;

b. Greenhouses and similar structures for the growing of plants;

c. Open space for active and passive recreation including children’s play areas; and/or

d. Sheds, gazebos, and pavilions, and similar structures as accessory uses.

(c) Specific criteria for community gardens. Community gardens are subject to the following regulations:

(1) Lot size and width. Community gardens shall comply with the minimum lot size and width in the district in which they are located.

(2) Setbacks. All structures must comply with the setbacks for accessory structures in the district in which they are located unless a more restrictive setback is required by this section.

(3) Coverage. Lots used as community gardens must comply with the coverage requirements of the zoning district in which they are located.

(4) Height. The height of structures shall be in conformance with accessory building height of the zoning district.

(5) Operations.

a. The hours of operation shall be developed at the discretion of the governing body and protect neighbors from light, noise, disturbance or interruption.

b. The land shall be served by a water supply sufficient to support the cultivation practices used on the site.

c. The site must be designed and maintained so that water and fertilizer will not drain onto adjacent property.

d. All seed and fertilizer shall be stored in sealed, rodent-proof containers.

e. Processing or storage of plants or plant products is prohibited on site.

(d) Permitting process for community gardens. Applicants proposing a community garden must submit a zoning permit application or land development plan (if required) identifying the following:

(1) Location map and property address.

(2) Name and contact information of person or organization.

(3) All existing and proposed structures and buildings.

(4) Location and height of proposed structures and buildings including sheds, containers, animal housing, coops, hives, compost facilities, landscaping and fencing.

(5) Description of the proposed operation and activities; and retail sales (if permitted).

(6) Distance between structures/activities and neighboring properties.

(7) Driveways, access drives, parking areas, and loading areas.

(8) Proposed operating dates/times.

(9) Estimated number of separate plots to be cultivated by individuals.

(10) Certify compliance with all applicable local, state, and federal regulations and permits.

(e) A committee of three (3) to five (5) members, as appointed by the Town Council from time to time, shall be responsible for the operation, maintenance, and conduct of all of the permitted community gardens. Members of the committee shall serve at the pleasure of the Town Council, for a term as determined by the Town Council, and may be removed, at any time, for any reason and without cause. The committee shall be known as the Community Gardens Committee.

(Ord. No. 1697, §§ 1—4, 10-24-19; Ord. No. 1711, §§ 1—5, 8-26-20)