Changes made since last Planning Commission meeting in bold
Numbering of sections will be updated with final draft
Definitions
20-1701 GENERAL TERMS
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Bee Hotel: |
Places for solitary pollinator bees to make their nests. These bees live alone, not in hives, and typically do not make honey. A bee hotel is similar to a birdhouse. |
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Colony |
An aggregate of worker bees, drones, and a queen living together in a hive or other dwelling as one social unit. When used in this article, the term ‘colony’ refers to bees that live in a beehive. |
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Community Garden |
An area of land managed and maintained by a group of individuals to grow and harvest food and/or horticultural products for personal or group consumption or for sale or donation. 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. A community garden may include common areas (such as tool storage sheds) maintained and used by the group. |
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Community Supported Agriculture |
A member organization in which individuals or households become members by purchasing a share or agreeing to volunteer work for a share of the agricultural producer’s output. The share is committed to in advance and the member then receives, in return, food items from the producer on a regular schedule throughout the season and sometimes all year. |
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Fowl |
For the purposes of this Article, ‘Fowl’ shall mean only ducks and female chickens. |
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Personal Garden |
A garden that is maintained by the property owner(s) or other person(s) with an interest in the property, typically on the same property as a dwelling unit. Food and non-food items are raised primarily for personal or family consumption and enjoyment. |
20-1702 USE CATEGORIES IN GENERAL
20-1773 AGRICULTURAL PROCESSING
A manufacturing process that increase the value of primary agricultural commodities. (This term does not include commercial slaughtering.)
20-1774 AGRICULTURAL SALES
The sale of feed, plants, grain, fertilizers, pesticides and similar goods. Typical uses include nurseries, hay, feed and grain stores.
20-1775 AGRICULTURE, ANIMAL
Activities that primarily involve raising, producing or keeping of animals to provide food,
wool, and other products. Also referred to as Animal Husbandry.
(1) Small Animal Agriculture is limited to small animals which are more appropriate in a denser urban setting, such as bees, crickets, worms, rabbits, small goats, small sheep, fowl, and aquatic animals/organism such as crayfish and fish. Domesticated animals such as cats and dogs are not considered Small Animal Agriculture. These are regulated through Article 2 of Chapter 3 of the City Code.
(2) Large Animal Agriculture is limited to larger animals that are more commonly considered livestock and require more area such as cattle, horses, and goats/sheep that are taller than 24” at the withers (shoulders).
20-1776 AGRICULTURE, CROP
The management and maintenance of an area of land to grow and harvest food crops and/or non-food ornamental crops, such as flowers, for personal or group use, consumption, sale, or donation. Crop Agriculture uses include, but are not limited to, personal gardens, community gardens, market gardens, rooftop gardens, tree farms, and hay meadows. Standard structures used for Crop Agriculture include hoop houses, cold-frames, greenhouses, equipment or planting sheds, composting and waste bins, and rain barrel systems.
20-1777 FARMERS MARKET
A temporary food market at which local farmers and producers sell products such as fruit and vegetables, meat, cheese, and bakery products directly to consumers.
20-1778 ON SITE AGRICULTURAL SALES
The sale of unprocessed agricultural
products, such as plants, produce, eggs or honey, grown or produced on site
the premises. This term also applies to agricultural products grown or
produced off-site that are sold in conjunction with products produced on the
premises if they are produced on a site that is maintained by the operator of
the sales site.
20-1779 URBAN AGRICULTURE
The growing, processing and distribution of plant and animal products — by and for the local community — within an urban environment. Urban Agriculture includes, but is not limited to: aquaculture, horticulture, permaculture, hydroculture, agroforestry, beekeeping, gardening, and animal husbandry. Complementary activities associated with Urban Agriculture include the distribution of food, the collection and reuse of food waste and rainwater, and public outreach activities such as education and employment. Urban Agriculture does not include such commercial activities as commercial dog kennels, dog breeding facilities, or livestock sales.
20-1780 URBAN FARM
An Urban Agricultural use which is operated primarily for commercial purposes. An Urban Farm is distinguished from other Urban Agriculture uses by scale.
(1) An Urban Farm may have a larger retail sales area, more employees and/or more agricultural animals than permitted for Crop Agriculture and/or Small and Large Animal Agriculture.
(2) An Urban Farm can include other uses such as an educational/training component and/or Agricultural Processing.
(3) An Urban Farm may use Large-Scale Agricultural Implements, Equipment and Materials.
STANDARDS:---Article 5
20-547 ANIMAL AGRICULTURE, SMALL
(1) General
(i) Structures
a. Structures shall comply with the Accessory Structure Standards in Section 20-533 except where expressly stated.
b. Any coop, shelter, or enclosure shall be maintained in a clean and sanitary fashion to prevent the unreasonable accumulation of waste or other noxious substances, the emanation of noxious odors, or the presence of vermin.
c. The facilities used to house the animals shall be of adequate design to keep the animal confined and reasonably safe from predators, and provide enough shelter and room to provide humane conditions as defined in Section 3-102 of the City Code.
(ii) Slaughter
a. Small agricultural animals may be slaughtered and butchered on-site for personal use provided this occurs a minimum of 20 ft from the property line and outside of the public view or within an enclosed structure.
b. Commercial slaughtering is not permitted except in USDA licensed locations.
(iii) Maintenance
The site shall be maintained in accordance with the adopted City Property Maintenance Code. At a minimum, the property shall be maintained in a clean and sanitary fashion to prevent the unreasonable accumulation of waste or other noxious substances, the emanation of noxious odors, or the presence of vermin.
(iv) Excluded Animals
Pigs are not considered Small Agricultural Animals and may not be kept within the city as an Urban Agricultural use. Vietnamese Pot-Bellied Pigs are considered domesticated pets and are subject to Chapter 3, Article 1 Section 3-104(D) of the City Code.
(2) Standards that apply in the CO, CD, CS, CC, and CR District
Small
Animal Agriculture
permitted in these commercial districts is limited to beekeeping, insects, and
fish aquatic organisms. This restriction does not apply to
pet stores or similar uses in these districts.
(3) Bees
(i) Africanized honey bees are not permitted.
(ii) Up to 2 colonies may be located on a lot of ¼ acre or less; 4 colonies on lots between ¼ and ½ acre; 6 colonies on lots of ½ to full acre. 8 colonies are permitted on any property larger than an acre (except that additional colonies are permitted when they are set back at least 200 ft from all property lines.)
a. For every 2 colonies permitted on a tract there may be maintained upon the same tract one nucleus colony in a hive structure not exceeding one standard 9 5/8 inch depth 10-frame hive body with no supers, the part of the beehive that is used to collect honey, attached as required from time to time for swarm management.
b. Each such nucleus colony shall be moved to another tract or combined with another colony on the subject tract within 30 days after the date made or acquired.
(iii) Every person owning a hive, stand, box or apiary on property other than their residence shall identify such hive, stand box or apiary by a sign or other prominent marking stating in letters at least one inch high on a contrasting background the name and phone number of the owner of such equipment
(iv) The following locational requirements apply to all hives:
a. No hive shall exceed 20 cubic feet in volume.
b. Hives are permitted only in the side and rear yards, unless roof-mounted.
c. No hive shall be located closer than 3 ft from any property line.
d. No hive shall be located closer than 10 ft from a public sidewalk or 25 ft from a principal building on an abutting lot. (Hives must be relocated as needed as abutting lot develops.)
e. If a hive is within 10 ft of a property line and is located less than 10 ft off the ground, a flyway barrier is required.
(v) A flyway barrier, when required, shall be at least 6 ft tall and extend 10 feet beyond the colony location on each side. It can be solid, vegetative, or any combination of the two that forces the bees to cross the property line at a height of at least 6 ft.
(vi) The beekeeper shall promptly requeen the colony if the colony exhibits unusual defensive behavior without due provocation.
(vii) A constant supply of water shall be provided for all hives within 25 ft of each hive between March 1 and October 31 of each year.
(viii) Bee hotels are not subject to these regulations.
(4) Fowl
(i) Fowl may be kept on a property only as an accessory use to a permitted primary use.
(ii) The maximum number of Permitted
fowl is limited to:
a. One fowl per 500 sq ft of lot size, rounded down; and
b. No more than 20 fowl, regardless of the size of the lot.
(iii) Any person who owns, keeps, or harbors fowl, i.e. chickens and ducks, shall provide a coop or other similar shelter.
a. Any coop or shelter shall be screened or walled in a manner that allows the Permitted Fowl to be reasonably protected from predators.
b. Any coop or shelter shall be a minimum of 3 sq ft in size per fowl if the fowl have an enclosed outdoor run, or 10 sq ft in size per fowl if the fowl do not have an enclosed outdoor run.
c. Any coop or shelter shall be constructed in a manner that is consistent with the requirements of this section. In the event that the coop or shelter qualifies as an accessory structure then all requirements regarding placement and setbacks for accessory structures in Section 20-533 must be met.
d. In no event shall any coop or shelter be located nearer than 5 foot from any neighboring property line.
e. Any coop or shelter shall be maintained in a clean and sanitary fashion to prevent the unreasonable accumulation of waste or other noxious substances, the emanation of noxious odors, or the presence of vermin.
f. A roost shall be provided for each chicken, with a minimum length of 10 inches per chicken and a minimum size of 8 sq inches. A roost is not required for ducks.
g. For every three chickens, a minimum of one laying box space, with a minimum size of one square foot, shall be provided. Each laying box shall contain adequate clean bedding material such as hay or other soft material. A laying box is not required for ducks.
(5) Goats and Sheep
(i) Goats and sheep may be kept on a property only as an accessory use to a permitted primary use.
(ii) Only small goats and sheep are
permitted as Small Animal Agriculture. Breeds which would be considered
small goats are include Pygmy Goats, Nigerian Dwarf Goat and Miniature
Dairy Goats. Breeds which would be considered small sheep include Harlequin
Sheep, North American Shetland Sheep, and Chevoit Sheep.
a. Breeds are limited to those that do not exceed 24” at the withers.
(iii) Male goats over the age of four weeks must be neutered.
(iv) The following standards regulate the number of goats or sheep that may be kept on a property.
a. A minimum of 2 goats or 2 sheep may be kept on a property. A single goat or a single sheep is not permitted.
b. 2 goats or 2 sheep may be kept on a property with a minimum of 10,000 sq ft of area.
c. Up to 4 goats and sheep may be kept on a property with a lot area of 20,000 sq ft or more.
d. Nursing offspring of goats and sheep permitted through the provisions of this Code may be kept until weaned, no longer than 12 weeks from birth, without violating the limitations of this sub-section
e. The maximum number of goats and sheep that can be kept on an Urban Farm would be established through the Special Use Permit process.
(v) The following standards apply to any structure used to house goats and sheep:
a. Goats and sheep shall be housed in a predator resistant, covered structure with an open air enclosure.
b. The structure shall be located a minimum of 50 ft from any off-site dwelling.
c. The structure shall be located in the rear yard and a minimum of 15 ft from adjacent properties.
d. The structure shall provide a minimum of 10 sq ft of living area per goat or sheep.
e. A fenced open air enclosure shall be provided which has a minimum area of 150 sq ft per goat or sheep.
20-548 CROP AGRICULTURE
(1) Crops may be grown within the public right-of-way adjacent to the property without the need to obtain a use of right-of-way permit; however, the use is temporary and may need to be abandoned when street or infrastructure improvements are proposed.
(2) The following locational requirements apply to all crops:
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(i) Crops may not exceed 3 ft in height when located within 8 ft of the roadway to avoid interference with visibility for driveways and other access points.
(ii) If a sidewalk on the property is more than 8 ft from the roadway, crops may not exceed 3 ft in height between the sidewalk and the roadway.
(iii) Crops may not exceed 3 ft in height within 3 ft either side of a sidewalk to allow for visibility.
(iv) Crops may not be planted within 1 ft on either side of the sidewalk and may not be allowed to grow onto the sidewalk.
(v) Crops taller than 3 ft are not permitted within the sight distance triangle (area created by connecting the endpoints of two 25 ft lines, measured along the curb line, from the intersection of two adjacent streets). See figure.
(3) The following maintenance requirements apply to all Crop Agriculture uses:
(i) The site shall be designed and maintained so as to prevent the free flow of stormwater, irrigation water, chemicals, dirt, or mud across or onto adjacent lots, properties, public streets, sidewalks, or alleys.
(ii) The site shall be kept free of debris or high grass or weeds, taller than 12 inches, (Crop Agriculture plants are not considered weeds as defined in Section 18-302(f) of the City Code and are exempt from the weed provisions in Section 18-304 of the City Code.)
20-549 FARMERS MARKETS
The following standard applies in the RS and RM and GPI zoning districts.
(1) Farmers Markets may occur through approval of a site plan when accessory to one of the following uses: Schools, Religious Institutions, Cultural Center/Library, Day Care Center, College/University, Lodge, Fraternal & Civic Assembly; Social Service Agency, and Adaptive Reuse of a Registered Historic Property, provided adequate parking is provided.
20-550 ON-SITE AGRICULTURAL SALES
(1) GENERAL STANDARDS
(i) Only unprocessed items: eggs, honey, or whole, uncut (except as necessary for harvesting), fresh produce and/or horticultural products may be donated, sold on-site, or distributed through Community Supported Agriculture (CSA) pick-ups as On-Site Agricultural Sales.
a. On-site sales refers to products grown or produced on the premises and products that are grown or produced on another site with the City that is maintained by the operator of the sales site when sold in conjunction with products grown on the premises.
(ii) On-Site Agricultural Sales may occur between 8 AM and 8 PM.
(iii) Exterior display of product is permitted during sale hours.
(iv) Any stands used for the display or sale of products shall be located a minimum of 20 ft from the curb or roadway and shall be temporary; being removed and stored when sales are not in progress.
(v) The sales area may include a retail sales area (stand and/or display area) as noted below:
a. Sales area of up to 100 sq ft permitted for lots up to 7,000 sq ft in area.
b. Sales area of up to 150 sq ft permitted for lots up to 10,000 sq ft in area.
c. Sales area of up to 300 sq ft permitted for lots larger than 10,000 sq ft in area.
(vi) One temporary, unilluminated sign advertising only food or horticultural products may be displayed during sales.
a. The sign must be located a minimum of 20 ft from the curb or roadway or it may be placed flat on a wall or door or displayed in a window.
b. The sign face may not exceed 2 sq ft in area and the sign may not be more than 3 ft in height.
c. The sign may not be located within
the public right-of-way.
(2) Urban Farms
(i) On-Site Agricultural Sales are permitted on Urban Farms in Residential District subject to area and locational standards established with the Special Use Permit.
a. Urban Farms in residential districts which were in existence prior to the adoption of these regulations and are operating under an automatic SUP shall comply with the general On-Site Agricultural Sales standards in this section.
20-551 URBAN FARM
(1) Special Use Permit for Urban Farms in Residential Districts
(iii) An Urban Agriculture use is
considered an Urban Farm when it includes uses permitted as Crop
Agriculture and/or Small or Large Animal Agriculture but exceeds the standards
set by the Code for these uses. These standards include, but are not limited
to, the maximum number of animals per size of lot, the maximum permitted size
of the on-site sales area, hours of on-site sales, number of employees,
and accessory activities on the site such as educational sessions.
(iv) An Urban Farm that was in existence in a residential zoning district prior to the adoption of these regulations (date) will be considered to have an automatic Special Use Permit. It will be necessary for owners/operators of Urban Farms to register the use with the Planning Office by Jan. 1, 2017 to qualify for the automatic Special Use Permit. Any alteration or expansion of the Urban Farm use are subject to the Special Use Amendment procedures of Section 20-1306 with the provisions included in the following section.
(v) Given the nature of an Urban Farm use, an aerial photo may be used as the basis of the Special Use Permit plan. The plans are not required to be developed by a design professional, but must clearly show the details/dimensions necessary to insure setbacks are met, required screening is provided, and that parking areas and drive aisles meet the parking standards in Article 9.
(3) Accessory Uses Permitted by Right
(i) Agricultural Processing
a. The primary agricultural product being processed must be grown or produced on the premises.
b. Potentially offensive external effects shall be mitigated to insure compatibility with nearby land uses.
c. Off-Street Parking is required at the same rate as the Limited Manufacturing and Production use in Article 9.
(ii) Education/Training/Outreach Programs.
(iii) Employment
a. An Urban Farm in a residential district may have employees that exceed the Home Occupation limit.
CHANGES TO OTHER SECTIONS OF THE DEVELOPMENT CODE
Section 20-602(e)(6)(viii)
Covered Accessory Structures (Buildings) are items such as garages, greenhouses, storage Buildings, wood sheds, covered decks, coops for fowl, or other agricultural structures, and covered porches. Covered Accessory Structures that are six feet or less in Height are allowed in required Side and Rear Yards, and covered Accessory Structures greater than six feet in Height are allowed in the required Rear Yard where an Alley abuts the Rear Lot Line, but no covered Accessory Structure is allowed in a required Front Yard.
Section 20-533 General Standards For Accessory Structures
The standards of this subsection apply to all accessory uses and structures.
(1) Time of construction
Accessory Structures shall be constructed in conjunction with or after the Principal Building. They shall not be built prior to the construction of the Principal Building.
(i) No principal building is required for structures that are accessory to a Crop Agriculture or Urban Farm use.
(2) Subordinate Nature
i. Accessory Uses shall be a subordinate part of a Principal Use and be clearly incidental to a Principal Use.
ii. Accessory Structures shall be of secondary importance and subordinate in size and Scale to the Principal Building on a site.
(3) Density and Dimensional Standards
Unless otherwise expressly sated, the Setback, Height, and Building coverage standards of the Base District apply to both principal and Accessory Structures (See Density and Dimensional Standards, Article 6). Accessory Structures in residential districts shall be located to the rear of the front Building line and may be located as close as 5’ to interior and Rear Lot Lines. Setbacks from interior Side Lot Lines shall not apply to accessory Buildings placed on lots that abut Alleys. An Accessory Structure may be located up to the rear property line when the Lot abuts an Alley and when the doors to the Building do not open directly onto the Alley. There shall be no Setback required between an Accessory Structure and an Alley when Access to the Structure is parallel to the Alley, except that no part of the Structure shall overhand or otherwise encroach onto the Alley.
(i) These setback requirements apply to structures used for Urban Agriculture unless a different setback is specified in Section XXXX.
(4) Building Coverage
(i) A detached Accessory Structure may not have a larger footprint than the Building footprint of the Principal Building.
(ii) The combined footprint of all Accessory Structures may be equal to the footprint of the Principal Building or 20% of the Lot Area provided the total footprint of all Structures does not exceed the maximum Building coverage as permitted by Sec. 20-601(a) or (b) for the corresponding Zoning District.
(iii) Seasonal Crop Agriculture structures used to extend the growing season such as cold frames, low tunnels, and hoophouses that are exempt from building permit requirements are exempt from these Building Coverage regulations.
PARKING
20-902 Off-Street Parking Schedule A
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Use Category |
Minimum Number of Vehicle Parking Spaces Required |
Minimum Number of Bicycle Parking Spaces |
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Agricultural Sales |
1 per 500 square feet of Building area + 1 space per acre of outdoor storage or assembly |
1 per 10 auto spaces |
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Agriculture, Small Animal |
None |
None |
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Agriculture, Large Animal |
None |
None |
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Agriculture, Crop |
None |
None |
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On-Site Agricultural Sales |
None |
None |
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Farmers Market |
Schedule D |
5 or 1 per 5 auto spaces, whichever is greater |
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Urban Farm |
1 per employee on largest shift |
1 per 5 auto spaces |
