The purpose of this chapter is to permit the productive growing of plants and the raising of animals in a manner that is appropriate to the surrounding neighborhood land uses, thereby enhancing healthy food access for residents of Cincinnati by making it easier to grow food and develop food production businesses.

(Ordained by Ord. No. 251-2019, § 1, eff. July 26, 2019)

(a)

Garden. Gardens may be grown in all zoning districts, subject to the limitations of this chapter. Gardens must consist of less than 20,000 square feet of cultivated land. Use of large-scale commercial agricultural equipment such as tractors, tillers, or other machinery equal to or exceeding the size of an economy automobile is prohibited.

(b)

Farm. A farm consists of 20,000 square feet or more of cultivated land. Use of large-scale commercial agricultural equipment is permitted, however such equipment must be completely enclosed in an Agricultural Structure when not in use. Farms located in residential districts require Conditional Use approval pursuant to Chapter 1445.

(c)

Agricultural Structures. Where a parcel contains no dwelling or other Principal Structure, any proposed Agricultural Structures other than fences shall be deemed accessory to a required operational Garden, Farm and/or Animal Keeping Use as a Principal Use and shall be used solely for agricultural purposes and practices. All Agricultural Structures shall require at a minimum a Zoning Certificate of Compliance and any required building permits. Permanently constructed Agricultural Structures, located on a parcel containing no dwelling or principal structure, shall require a recorded deed restriction, approved as to form by the City Solicitor, that limits it to use as an Agricultural Structure. Release of the deed restriction by the Department of Buildings and Inspections shall constitute abandonment of the Principal and Accessory uses per Chapter 1447 and may require removal of any permanent structures prior to release.

(d)

Animal Keeping. Where permitted, animal keeping is subject to the density restrictions and sheltering limitations established in this Chapter.

(e)

Conditional Use. If the principal use of the property is a conditional use in the zoning district in which the property is located, any expansion of the conditional use, including a Horticulture and Animal Keeping Use and its Agricultural Structures, requires conditional use approval from the Zoning Hearing Examiner per Chapter 1445.

(f)

Landscaping and Buffer Yard Regulations. New development, redevelopment, and changes of land use may require landscaping or the creation of a buffer yard in compliance with Chapter 1423.

(g)

Standards for Producing Agricultural Products Intended for Human or Animal Consumption in Manufacturing and Related Districts. The production of agricultural products intended for human or animal consumption or the raising of agricultural animals in the ME, MG, ML, UM and RF-M zoning districts is permitted subject to the following limitations:

(1)

The agricultural activity is conducted in an appropriate indoor location in compliance with all related regulations; or

(2)

Where such agricultural activity is conducted outdoors, the owner of the subject property shall obtain a Zoning Certificate of Compliance from the Zoning Administrator based upon demonstration of either:

(i)

Due diligence via soil testing by a licensed professional indicating that the soil shows no contamination with chemicals, metals, or other compounds at a level not exceeding that allowed by federal, state, and local standards for residential areas; or

(ii)

Plans showing that such agricultural activity will take place only on rooftops, in raised beds, or in other containers sufficient to prevent any potential contamination.

(Ordained by Ord. No. 251-2019, § 1, eff. July 26, 2019)

(a)

Agricultural Structures and Uses. Agricultural Structures must be located, developed and operated in compliance with the following:

(1)

Permanent Agricultural Structures. Permanent Agricultural Structures exceeding 200 square feet require a building permit.

(2)

Animal Keeping Structures. Agricultural Structures, including fences and walls, used for animal keeping must comply with both the requirements established below and per Schedule 1422-05.

(3)

Agricultural Structures in Non-Residential Districts. In non-residential zoning districts, Agricultural Structures not used for Animal Keeping are subject to the principal and accessory structure standards of the zoning district.

(4)

Agricultural Structures in Residential Districts. In residential zoning districts, Agricultural Structures not used for Animal Keeping are subject to the standards of §1421-01, "Accessory Residential Structures," and §1421-05, "Accessory Structures on Corner Lots."

(5)

Agricultural Structures on Lots Containing No Principal Structure or Dwelling in Residential Districts.

(i)

Required Rear Yard Location. In residential districts, where a parcel contains no dwelling or principal structure, Agricultural Structures must be located to the rear of the line determined by rear yard averaging of the adjoining parcels principal structures.

(6)

Temporary Agricultural Structures. Temporary structures, particularly greenhouse and membrane structures, shall be regulated as identified below.

(i)

Temporary Agricultural Structures less than four (4) ft. in height, and of minimum structural character; the maximum area requirement is no greater than the minimum yard setback requirements.

(ii)

Temporary Agricultural Structures greater than four (4) ft. in height, shall be regulated as follows:

(A)

Structures shall comply with Chapter 3103 of the Ohio Basic Building Code and are limited to 400 sq. ft. in area with 12 ft. spacing between structures.

(B)

Structures meeting any of the following requirements, shall submit for appropriate building permits: Structures greater than 400 sq. ft. in area; Structures proposed to remain for greater 180 days.

(7)

Fences and Walls. Fences and walls must comply with §1421-33.

(b)

Animal Keeping. The provisions set forth herein and in Schedule 1422-05 below prescribe the development regulations governing minimum area size, containment, and setback and maintenance requirements for animal keeping.

(1)

Maximum Number of Categories/Species of Animals.

(i)

Keeping more than two categories/species of animals requires a cumulative minimum land area based on the requirements for each category/species as set forth in Schedule 1422-05. This provision does not apply to dogs, cats, common indoor household pets, and bees.

(ii)

Exceeding the maximum number of categories/species of animals requires Conditional Use approval.

(2)

Animal Keeping Shelter Structure Requirements. Animal Keeping Shelter Structures shall:

(i)

Provide adequate protection from the elements and predators;

(ii)

Provide thorough ventilation;

(iii)

Be designed to be readily accessed and cleaned; and,

(iv)

Provide access for fowl, rabbits, and other small animals to an outdoor enclosure adequately bounded to prevent escape or access by predators.

(3)

Animal Keeping Enclosures. Animal keeping enclosures should be of sufficient height and durability to contain the species of animal.

Schedule 1422-05: Animal Keeping Requirements

(Ordained by Ord. No. 251-2019, § 1, eff. July 26, 2019; a. Emer. Ord. No. 418-2021, §§ 6, 39, eff. Nov. 10, 2021)

(a)

Site Maintenance.

(1)

The owner of the property on which a Garden, Farm or Animal Keeping Facility is located is responsible for all maintenance requirements.

(2)

The site shall be designed and maintained to prevent any chemical, pesticide, fertilizer, or other waste from draining onto adjacent property.

(3)

Cultivated areas shall not encroach onto adjacent properties.

(4)

The site must be maintained free of high grass, weeds, or other debris.

(5)

Dead plant growth must be sufficiently trimmed to no higher than six inches above the ground, composted, or removed from the site not later than December 1 ^st of each year.

(6)

The property must be kept free of refuse.

(b)

Maintenance and Care of Animal Keeping Facility

(1)

In general, all Animal Keeping facilities shall provide a constant supply of water and food for all animals, store food in a rodent and predator proof containers, be maintained to be free from odor, prevent the breeding of flies, pests or vermin, properly dispose of animal waste, and prevent animal waste discharge into the stormwater conveyance system.

(2)

All areas and structures utilized for the raising of animals shall comply with the standards prescribed by the Cincinnati Board of Health Regulations, as well as other applicable local and state law.

(c)

Equipment and Material Storage.

(1)

Use of large-scale agricultural equipment such as tractors, tillers, or other machinery equal to or exceeding the size of an economy automobile is prohibited on property not qualifying as a Farm as defined in § 1401-01-F3. Such equipment must be completely enclosed in an Agricultural or Principal Structure when not in use.

(2)

Tools and supplies shall be stored indoors or removed from the property daily. Pesticides and fertilizers stored on the property shall be contained in a locked storage structure and must comply with any other applicable requirements for hazardous materials.

(3)

Bulk supplies and water tanks must be stored to the rear of the lot must not create visual blight or offensive odors.

(4)

Refuse storage is prohibited in any required front yard, street side yard, or required parking or landscape area. Refuse storage must comply with §1421-35.

(d)

Accessory Composting.

(1)

Area. Composting activities using less than 500 square feet of land and considered accessory to a residential or agricultural use are defined as "Accessory Composting."

(2)

Setbacks and Location.

(i)

Maximum distance of 30 feet from the rear lot line; and

(ii)

Minimum 10 feet from side and rear lot lines; and

(iii)

Minimum 10 feet from all Principal Structures; and

(iv)

Minimum 5 feet from any Accessory Structures; and

(v)

Minimum 20 feet from any natural watercourse or wetland.

(vi)

Minimum 50 feet from any private water supply system.

(3)

Management. Compost may only consist of plant derived materials. Management of Accessory Composting shall comply with all applicable Cincinnati Board of Health regulations.

(4)

Enclosure. Accessory Composting shall be contained and managed per best practices within an appropriate enclosure, container or structure.

(e)

Vehicular Storage, Parking and Egress.

(1)

In residential districts, one commercial vehicle completely enclosed in a garage may be parked or stored on the lot subject to the limitations found in §1403-05-L6 and §1405-05-L11.

(2)

On lots that do not contain a dwelling, commercial vehicles and trailers may be temporarily parked on the lot beyond the front yard for a period not to exceed 24 hours per week.

(3)

Vehicles parked onsite shall comply with parking requirements of Chapter 1425. Additional onsite parking may be required per §1425-19 when commercial sales or employees are proposed as part of the agricultural use.

(Ordained by Ord. No. 251-2019, § 1, eff. July 26, 2019; a. Emer. Ord. No. 418-2021, §§ 7, 39, eff. Nov. 10, 2021)

(a)

On-site sales. On-site sales of Horticulture products or, if permitted, Products resulting from Animal Keeping, within residential zoning districts require submission of a management or business plan and site plan and application for a zoning Certificate of Compliance.

(b)

On-site production. Sales in residential zoning districts are exclusively limited to items produced on the property upon which sales are conducted in compliance with Board of Health, Department of Agriculture and all other state and local law.

(c)

Duration. Sales are limited to 30 days per year.

(d)

Hours. Sales shall be limited to between 7:00 am and 7:00 pm.

(e)

Sales Structures Prohibited. Farm stands or similar sales-related structures are prohibited in residential zoning districts.

(Ordained by Ord. No. 251-2019, § 1, eff. July 26, 2019)

Use of automated agricultural equipment or lighting for any Horticulture or Animal Keeping facility is prohibited between the hours of 10:00 p.m. to 7:00 a.m.

(Ordained by Ord. No. 251-2019, § 1, eff. July 26, 2019)

Introduction or sales of invasive species is prohibited pursuant to applicable Ohio law.

(Ordained by Ord. No. 251-2019, § 1, eff. July 26, 2019)

(a)

Food Preparation. Food preparation shall be permitted within appropriate zoning districts as set forth in the Zoning Code.

(b)

Slaughtering. Slaughtering is a use within the zoning use group Intensive High Impact Production Industry, Intensive High Impact and shall only be permitted within appropriate zoning districts and as further regulated within § 1419-19.

(Ordained by Ord. No. 251-2019, § 1, eff. July 26, 2019)

Regulations for primarily commercial Horticulture and Animal Keeping facilities are subject to the provisions set forth in Chapter 1419, "Additional Development Regulations."

(Ordained by Ord. No. 251-2019, § 1, eff. July 26, 2019)