26 - URBAN AGRICULTURE REGULATIONS
Farmers' market uses, as defined in section 18.04.020 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Location: Farmers' markets are located city-owned property, or property that is dedicated to public use.
(2)
Signage: A farmers' market is permitted to have one temporary sign or banner, which is non-illuminated and no greater than 50 square feet in size. Such sign or banner must be located on the premises and may only be displayed when the market is in operation. Signs shall be counted toward the total signage allowance for the property per chapter 18.32.
(3)
Hours of operation: Hours of operation for farmers' markets shall be restricted from 7:00 a.m. to sunset.
(4)
Frequency: Any specific farmers' market may not operate more than two days per calendar week.
(5)
Approval of a special use permit application: A special use permit application must be submitted to the planning division in accordance with chapter 18.30 for the operation of a farmer's market. A site plan; operational information, including hours and days of operation; a parking plan; trash and recycling plan; and a list of vendors and products to be sold by each vendor is required for review and approval. Special use permits in all zone districts shall comply with the requirements set forth in chapter 18.30.
(6)
Acceptance of federal food assistance: Farmers' markets must accept Supplemental Nutrition Assistance Program (SNAP) benefits as a market.
(7)
Goods accepted: "SNAP Eligible Foods" as defined in section 18.04.010 of the Golden Municipal Code shall comprise a minimum of 51 percent of annual market revenue or 51 percent of market vendors.
(8)
Market director: A farmers' market shall have a designated market director who is responsible for submitting the special use permit application, administering the federal food assistance program including SNAP, and coordinating the market vendors and activities.
(Ord. No. 2090, § 1, 10-11-2018; Ord. No. 2053, § 1, 3-23-2017; Ord. No. 2049, § 2, 2-9-2017)
Neighborhood farmers' market uses, as defined in section 18.04.020 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Location: Neighborhood farmers' markets must be located on private property.
(2)
Signage: A neighborhood farmers' market is permitted to have one temporary sign or banner, which is non-illuminated and no greater than six square feet in size, with a maximum height of five feet. Such sign or banner must be located on the premises and may only be displayed when the market is in operation. Signs shall be counted toward the total signage allowance for the property per chapter 18.32.
(3)
Hours of operation: Hours of operation for farmers' markets shall be restricted from 7:00 a.m. to sunset.
(4)
Frequency: Any specific farmers' market my not operate more than two days per calendar week.
(5)
Approval of a special use permit: A special use permit application must be submitted to the planning division in accordance with chapter 18.30 for the operation of a neighborhood farmers' market. A site plan; operational information, including hours and days of operation; a parking plan; trash and recycling plan; a list of vendors and products to be sold by each vendor; and written approval from the owner of the property where the farmer's market will occur, is required for review and approval. Special use permits in all zone districts shall comply with the requirements set forth in chapter 18.30.
(6)
Goods to be sold: Neighborhood farmers' markets are intended to provide a venue for food producers to sell directly to consumers. "SNAP Eligible Foods," as defined in section 18.04.010 of the Golden Municipal Code, shall comprise a minimum of 75 percent of annual market revenue or 75 percent of market vendors. Sales of other food items that are not SNAP Eligible Foods, such as beef jerky, dried fruit, or trail mixes, as well as sales of non-food, handcrafted or homemade items or artwork such as pet food, soaps, paper products, or jewelry, and which are locally produced, are allowed; provided, however, the sale of such items shall comprise no more than 25 percent of annual market revenue or 25 percent of market vendors. Alcoholic beverages, tobacco products, hot prepared food or any food sold for on-premises consumption is not allowed.
(7)
Lot area: Neighborhood farmers' markets are allowed on lots that contain a minimum 10,000 square feet of open lot area.
(Ord. No. 2090, § 2, 10-11-2018; Ord. No. 2049, § 2, 2-9-2017)
Produce stands, as defined in section 18.04.020 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Location: Produce stands must be located on private property.
(2)
Products sold: Agricultural products such as raw vegetables, fruits, herbs, flowers, nuts, honey and eggs may be sold. Agricultural products, which are made from raw agricultural products grown, raised or produced on-site, such as jams, jellies, oils, vinegars and cheeses may also be sold. Products sold at produce stands must have been primarily grown, raised or produced on the same property where the stand is located.
(3)
Seasonal operations: Produce stands may operate for up to six months of the year. When the produce stand is not in use, it must be removed and stored indoors.
(4)
Hours of operation: In residential zone districts, hours of operation shall be restricted from 7:00 a.m. to sunset.
(5)
Home occupation requirement: Where a produce stand is located on a property with a residential dwelling unit, it shall qualify as a home occupation and must comply with regulations in chapter 18.42, with the exception of subsection 18.42.030(7) of that chapter.
(6)
Signage: Produce stands operating as home occupations shall be allotted one non-illuminated sign up to six square feet in size. All other produce stands are permitted to have one non-illuminated sign up to six square feet in size, with a maximum height of five feet. The sign shall not be displayed when the stand is not in operation. Signs shall be counted toward the total signage allowance for the property per chapter 18.32.
Urban farms, as defined in section 18.04.020 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Signage: Each urban farm is permitted signage in accordance with what is allowed in chapter 18.32 of this Code.
(2)
Permitted structures: Primary and accessory structures are allowed. Accessory structures such as sheds and greenhouses are permitted whether or not the lot contains a primary or main structure. All structures shall comply with the regulations for primary and accessory structures, including maximum size, height, and setbacks, for the property's zone district.
(3)
Hours of operation: In residential zone districts, urban farms are permitted to operate from 7:00 a.m. to sunset and any exterior lighting must be shut off at sundown. Exterior lighting in all zone districts shall comply with the exterior lighting standards in chapter 18.34.
(4)
Approval of a special use permit: A special use permit in accordance with chapter 18.30 will be required for urban farms one-half acre to two acres in size. A site plan, operational information, parking plan, trash and recycling plan, water quality plan, and written approval from the owner of the property were the urban farm will occur, is required for review and approval. Special use permits in all zone districts shall comply with the requirements set forth in chapter 18.30.
Community gardens, as defined in section 18.04.020 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Signage: Each community garden is permitted signage in accordance with what is allowed in chapter 18.32 of this Code.
(2)
Permitted structures: Accessory structures such as sheds and greenhouses are permitted. All structures shall comply with the regulations for primary and accessory structures, including maximum size, height, and setbacks, for the property's zone district.
Green grocer, as defined in section 18.04.050 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Location: Green grocers must be located on private property.
(2)
Products sold: Agricultural products such as raw vegetables, fruits, herbs, flowers, nuts, honey and eggs may be sold. Agricultural products, such as those made from raw agricultural products grown, raised or produced on-site, such as jams, jellies, oils, vinegars and cheeses may also be sold. Products sold at green grocers must have been primarily grown, raised or produced locally.
(3)
Operations: Green grocers may operate year-round. When the green grocer is not in use, it must be removed from the property.
(4)
Hours of operation: In residential zone districts, hours of operation shall be restricted from 7:00 a.m. to sunset.
(5)
Signage: Green grocers are permitted to have one non-illuminated sign up to six square feet in size, with a maximum height of five feet. The sign shall not be displayed when the green grocer is not in operation. Signs shall be counted toward the total signage allowance for the property per chapter 18.32.
(a)
It shall be unlawful for any person to own, possess, harbor, keep, slaughter or care for backyard chickens unless such person first obtains a backyard chicken license granted by the community and economic development department upon its determination that the proposed licensed premise is in compliance with all requirements of this section. A non-refundable application fee, the amount of which shall be established by resolution of city council, must be submitted with the backyard chicken license application.
(b)
Backyard chickens are allowed as an accessory use only upon lots or parcels developed for residential use, private or public school use, or municipal use, excluding mobile homes and mobile home parks.
(c)
The ownership, possession, harboring, keeping, slaughtering, and care of backyard chickens is subject to the following requirements:
(1)
No more than six backyard chickens are permitted per developed one household dwelling unit, private or public school, or public property. The total number of backyard chickens for any lot or parcel shall not exceed 12.
(2)
Roosters, and any other fowl or poultry, including, but not limited to, ducks, quail, geese, pigeons, peafowl or turkeys are prohibited under the license granted pursuant to this section.
(3)
Backyard chickens may only be kept in the rear yard of a lot or parcel and within a designated chicken coop, which shall include a run, meeting the following requirements:
a.
The coop shall be fully enclosed, having floors, walls and a roof sufficient to protect the backyard chickens from predators, inclement weather and extreme temperatures;
b.
The coop shall provide a minimum of four square feet of living space per chicken;
c.
The coop shall not exceed six feet in height as measured from the ground;
d.
The run shall provide a minimum of six square feet of exercise space per chicken;
e.
The run shall be fully enclosed, adequately fenced and protected from predators, and shall have direct access to the chicken coop;
f.
The coop and run, taken together, shall not exceed a maximum gross floor area of 120 square feet;
g.
The coop or run shall have a minimum ten feet setback from any side or rear property line;
h.
No coop or run shall be located between the rear of a principal structure and the front yard lot line; and
i.
Only one coop and one run is allowed per dwelling unit.
(4)
Backyard chickens must be securely kept within the coop in the rear yard from dusk until dawn.
(5)
During daylight hours or from dawn to dusk, backyard chickens may be allowed to roam within a designated chicken run.
(6)
A fresh water supply for backyard chickens shall be provided and maintained in the rear yard of the property at all times, in a location readily accessible to all backyard chickens.
(7)
Chicken coops and runs shall be kept in good working condition and regularly maintained in a clean, sanitary condition so as to control dust, odor, and waste and to minimize the presence of flies and other insects and potential for disease.
(8)
Animal excrement and other waste must be stored in a re-sealable, airtight, vermin-proof and predator-proof container, and shall be properly disposed of to control odor and minimize potential for disease.
(9)
Chicken feed shall be enclosed in a re-sealable, airtight, vermin-proof and predator-proof container.
(10)
The slaughtering of backyard chickens is permitted indoors only; however, the slaughtering shall be limited only to the property subject to the license and to those backyard chickens permitted by the license. In addition, the slaughtering location must be screened so as to not be visible from any adjoining properties. Any and all slaughtered animal remains or waste shall be disposed of within 24 hours of generation and in accordance with section 4.82.015 of the Code.
(d)
It shall be unlawful for any person to own, keep, harbor, possess, slaughter, or care for backyard chickens in violation of the requirements of this section and any such violation is hereby deemed a nuisance that may be abated pursuant to the provisions specified in chapter 5.01 of this Code.
(e)
Nonconforming use. A dwelling unit permitted to keep chicken hens as a special use in any residential zone district in accordance with chapter 18.30 prior to March 6, 2019, shall be considered a permitted, nonconforming use, if in compliance with all other provisions of this Code pertaining to such use. Such nonconforming use must come into compliance with all requirements of this section by April 1, 2022.
(a)
It shall be unlawful for any person to own, possess, harbor, keep, maintain or care for bees unless such person first obtains a beekeeping license granted by the community and economic development department upon its determination that the proposed licensed premise is in compliance with all requirements of this section. A non-refundable application fee, the amount of which shall be established by resolution of city council, must be submitted with the beekeeping license application.
(b)
Bees are allowed as an accessory use only upon lots or parcels developed for residential use, private or public school use, or municipal use, excluding mobile homes and mobile home parks.
(c)
The ownership, possession, harboring, keeping, maintenance, and care of bees is subject to the following requirements:
(1)
Africanized bees are prohibited under the license granted pursuant to this section, and it shall be unlawful to maintain Africanized bees.
(2)
No more than two hives may be allowed on any lot or parcel:
(3)
Hives shall be located in the rear yard of a lot or parcel and shall have a minimum ten feet setback from any side or rear property line.
(4)
No hive shall be located between the rear of a principal structure and the front yard lot line.
(5)
A fresh water supply must be maintained within five feet of the hive.
(6)
The maximum height of a hive and any stand shall not be greater than six feet.
(d)
It shall be unlawful for any person to own, keep, harbor, possess, maintain, or care for bees in violation of the requirements of this section and any such violation is hereby deemed a nuisance that may be abated pursuant to the provisions specified in chapter 5.01 of this Code.
(e)
Nothing in this section shall be interpreted to immunize a beekeeper from civil liability arising out of their beekeeping activities, regardless of the beekeeper's compliance with the requirements of this section.
(f)
Nonconforming use. A dwelling unit permitted to keep bees as a special use in any residential zone district in accordance with chapter 18.30 prior to March 6, 2019, shall be considered a permitted, nonconforming use, if in compliance with all other provisions of this Code pertaining to such use. Such nonconforming use must come into compliance with all requirements of this section by April 1, 2022.
(a)
It shall be unlawful for any person to own, possess, harbor, keep, maintain or care for miniature goats or miniature pot-bellied pigs unless such person first obtains a miniature animal license granted by the community and economic development department upon its determination that the proposed licensed premise is in compliance with all requirements of this section. A non-refundable application fee, the amount of which shall be established by resolution of city council, must be submitted with the miniature goat or miniature pot-bellied pig license application.
(b)
Miniature goats or miniature pot-bellied pigs are allowed as an accessory use only upon lots or parcels developed for residential use, private or public school use, or municipal use, excluding mobile homes and mobile home parks.
(c)
The ownership, possession, harboring, keeping, and care of miniature goats or miniature pot-bellied pigs is subject to the following requirements:
(1)
No more than two miniature goats or miniature pot-bellied pigs are permitted per developed one household dwelling unit, public or private school, or public property.
(2)
No less than two miniature goats, 12 weeks of age or older, must be kept in order to humanely meet the companionship needs of miniature goats. Any number of off-spring younger than 12 weeks of age may be kept at the licensed premises.
(3)
Other domestic hoofed livestock, including, but not limited to, Dexter cattle, miniature horses, miniature ponies, Alpine goats, LaMancha goats, Nubian goats, Boer goats, or similar full-sized dairy and meat goats, sheep, llamas, and swine are prohibited under the license granted pursuant to this section.
(4)
Miniature goats or miniature pot-bellied pigs may only be kept indoors with access to the rear yard of a lot or parcel with a minimum square footage (not including dwelling unit(s)) of 1,000 square feet, and meeting the following requirements:
a.
The outdoor area shall be adequately fenced with a minimum four-foot fence and protected from predators, and shall have direct access to the dwelling unit.
b.
The outdoor enclosure shall have a minimum ten-foot setback from any side or rear property line; and
c.
No outdoor enclosure shall be located between the rear of principal structure and the front yard lot line.
(5)
Miniature goats or miniature pot-bellied pigs must be securely kept within the shelter, dwelling unit, or rear yard from dusk until dawn.
(6)
During daylight hours or from dawn to dusk, miniature goats or miniature pot-bellied pigs may be allowed to roam within a designated outdoor area.
(7)
A fresh water supply for the miniature animals shall be provided and maintained in the rear yard of the property at all times, in a location readily accessible to all miniature animals.
(8)
Shelters and outdoor areas shall be kept in good working condition and regularly maintained in a clean, sanitary condition so as to control dust, odor, and waste and to minimize the presence of flies and other insects and potential for disease.
(9)
Animal excrement and other waste must be stored in a re-sealable, airtight, vermin-proof and predator-proof container, and shall be properly disposed of to control odor and minimize potential for disease.
(10)
Feed shall be enclosed in a re-sealable, airtight, vermin-proof and predator-proof container.
(11)
Any male miniature goat or pot-bellied pig must be neutered or any female miniature goat or pot-bellied pig must be spayed before the age of six months.
(12)
The on-site slaughtering of miniature animals is prohibited.
(d)
It shall be unlawful for any person to own, keep, harbor, possess, maintain, or care for miniature animals in violation of the requirements of this section and any such violation is hereby deemed a nuisance that may be abated pursuant to the provisions specified in chapter 5.01 of this Code.
(e)
Nonconforming use. A dwelling unit permitted to keep miniature animals as a special use in any residential zone district in accordance with chapter 18.30 prior to March 6, 2019, shall be considered a permitted, nonconforming use, if in compliance with all other provisions of this Code pertaining to such use. Such nonconforming use must come into compliance with all requirements of this section by April 1, 2022.
(a)
It shall be unlawful for any person to own, possess, harbor, keep, maintain or care for rabbits, chinchillas and any female breed of duck unless such person first obtains a small livestock and fowl license granted by the community and economic development department upon its determination that the proposed licensed premise is in compliance with all requirements of this section. A non-refundable application fee, the amount of which shall be established by resolution of city council, must be submitted with the license application.
(b)
Rabbits, chinchillas, and any female breed of duck are allowed as an accessory use only upon lots or parcels developed for residential use or private or public school use, excluding mobile homes and mobile home parks.
(c)
The ownership, possession, harboring, keeping, and care of rabbits, chinchillas, or any female breed of duck is subject to the following requirements:
(1)
Drakes and any other small livestock, fowl or poultry, including, but not limited to, roosters, hens, turkeys, pheasants, geese, peacocks, and peafowl are prohibited under the license granted pursuant to this section.
(2)
No more than the following number of animals may be allowed on any lot or parcel:
a.
Six female ducks;
b.
Three rabbits;
c.
Three chinchillas.
(3)
The total number of animals for any lot or parcel shall not exceed 12.
(4)
Rabbits, chinchillas, and female ducks may be kept in the rear yard of a lot or parcel and within a designated hutch or other shelter, which shall include a run, meeting the following requirements:
a.
The hutch or shelter shall be fully enclosed, having floors, walls and a roof sufficient to protect the animals from predators, inclement weather and extreme temperatures;
b.
For ducks, the shelter shall provide a minimum four square feet of living space per duck;
c.
For rabbits, the hutch shall provide a minimum 12 square feet of living space per rabbit;
d.
For chinchillas, the shelter shall contain multiple levels and provide a minimum two square feet of living space per chinchilla;
e.
For rabbits, a run shall provide a minimum 32 square feet of exercise space per rabbit;
f.
The hutch or shelter and run, taken together, shall not exceed a maximum gross floor area of 120 square feet;
g.
The hutch, shelter or run shall have a minimum ten-foot setback from any side or rear property line;
h.
No hutch, shelter or run shall be located between the rear of a principal structure and the front yard lot line;
i.
Any run shall be fully enclosed, adequately fenced and protected from predators, and shall have direct access to the rabbit hutch or duck shelter;
j.
The hutch, or shelter shall not exceed six feet in height as measured from the ground.
(5)
All animals must be securely kept within their designated shelters in the rear yard from dusk until dawn.
(6)
During daylight hours or from dawn to dusk, ducks and rabbits may be allowed to roam within a designated run.
(7)
A fresh water supply for animals shall be provided and maintained in the rear yard of the property at all times, in a location readily accessible to all animals.
(8)
Hutches, shelters and runs shall be kept in good working condition and regularly maintained in a clean, sanitary condition so as to control dust, odor, and waste and to minimize the presence of flies and other insects and potential for disease.
(9)
Animal excrement and other waste must be stored in a re-sealable, airtight, vermin-proof and predator-proof container, and shall be properly disposed of to control odor and minimize potential for disease.
(10)
Feed shall be enclosed in a re-sealable, airtight, vermin-proof and predator-proof container.
(11)
The on-site slaughtering of rabbits, chinchillas and ducks is permitted indoors only; however, the slaughtering shall be limited only to the property subject to the license and to those rabbits, chinchillas and ducks permitted by the license. In addition, the slaughtering location must be screened so as to not be visible from any adjoining properties. Any and all slaughtered animal remains or waste shall be disposed of within 24 hours of generation and in accordance with section 4.82.015 of the Code.
(d)
It shall be unlawful for any person to own, keep, harbor, possess, maintain, or care for rabbits, chinchillas, and female ducks in violation of the requirements of this section and any such violation is hereby deemed a nuisance that may be abated pursuant to the provisions specified in chapter 5.01 of this Code.
(e)
Nonconforming use. A dwelling unit permitted to keep rabbits, chinchillas or ducks as a special use in any residential zone district in accordance with chapter 18.30 prior to March 6, 2019, shall be considered a permitted, nonconforming use, if in compliance with all other provisions of this Code pertaining to such use. Such nonconforming use must come into compliance with all requirements of this section by April 1, 2022.
26 - URBAN AGRICULTURE REGULATIONS
Farmers' market uses, as defined in section 18.04.020 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Location: Farmers' markets are located city-owned property, or property that is dedicated to public use.
(2)
Signage: A farmers' market is permitted to have one temporary sign or banner, which is non-illuminated and no greater than 50 square feet in size. Such sign or banner must be located on the premises and may only be displayed when the market is in operation. Signs shall be counted toward the total signage allowance for the property per chapter 18.32.
(3)
Hours of operation: Hours of operation for farmers' markets shall be restricted from 7:00 a.m. to sunset.
(4)
Frequency: Any specific farmers' market may not operate more than two days per calendar week.
(5)
Approval of a special use permit application: A special use permit application must be submitted to the planning division in accordance with chapter 18.30 for the operation of a farmer's market. A site plan; operational information, including hours and days of operation; a parking plan; trash and recycling plan; and a list of vendors and products to be sold by each vendor is required for review and approval. Special use permits in all zone districts shall comply with the requirements set forth in chapter 18.30.
(6)
Acceptance of federal food assistance: Farmers' markets must accept Supplemental Nutrition Assistance Program (SNAP) benefits as a market.
(7)
Goods accepted: "SNAP Eligible Foods" as defined in section 18.04.010 of the Golden Municipal Code shall comprise a minimum of 51 percent of annual market revenue or 51 percent of market vendors.
(8)
Market director: A farmers' market shall have a designated market director who is responsible for submitting the special use permit application, administering the federal food assistance program including SNAP, and coordinating the market vendors and activities.
(Ord. No. 2090, § 1, 10-11-2018; Ord. No. 2053, § 1, 3-23-2017; Ord. No. 2049, § 2, 2-9-2017)
Neighborhood farmers' market uses, as defined in section 18.04.020 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Location: Neighborhood farmers' markets must be located on private property.
(2)
Signage: A neighborhood farmers' market is permitted to have one temporary sign or banner, which is non-illuminated and no greater than six square feet in size, with a maximum height of five feet. Such sign or banner must be located on the premises and may only be displayed when the market is in operation. Signs shall be counted toward the total signage allowance for the property per chapter 18.32.
(3)
Hours of operation: Hours of operation for farmers' markets shall be restricted from 7:00 a.m. to sunset.
(4)
Frequency: Any specific farmers' market my not operate more than two days per calendar week.
(5)
Approval of a special use permit: A special use permit application must be submitted to the planning division in accordance with chapter 18.30 for the operation of a neighborhood farmers' market. A site plan; operational information, including hours and days of operation; a parking plan; trash and recycling plan; a list of vendors and products to be sold by each vendor; and written approval from the owner of the property where the farmer's market will occur, is required for review and approval. Special use permits in all zone districts shall comply with the requirements set forth in chapter 18.30.
(6)
Goods to be sold: Neighborhood farmers' markets are intended to provide a venue for food producers to sell directly to consumers. "SNAP Eligible Foods," as defined in section 18.04.010 of the Golden Municipal Code, shall comprise a minimum of 75 percent of annual market revenue or 75 percent of market vendors. Sales of other food items that are not SNAP Eligible Foods, such as beef jerky, dried fruit, or trail mixes, as well as sales of non-food, handcrafted or homemade items or artwork such as pet food, soaps, paper products, or jewelry, and which are locally produced, are allowed; provided, however, the sale of such items shall comprise no more than 25 percent of annual market revenue or 25 percent of market vendors. Alcoholic beverages, tobacco products, hot prepared food or any food sold for on-premises consumption is not allowed.
(7)
Lot area: Neighborhood farmers' markets are allowed on lots that contain a minimum 10,000 square feet of open lot area.
(Ord. No. 2090, § 2, 10-11-2018; Ord. No. 2049, § 2, 2-9-2017)
Produce stands, as defined in section 18.04.020 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Location: Produce stands must be located on private property.
(2)
Products sold: Agricultural products such as raw vegetables, fruits, herbs, flowers, nuts, honey and eggs may be sold. Agricultural products, which are made from raw agricultural products grown, raised or produced on-site, such as jams, jellies, oils, vinegars and cheeses may also be sold. Products sold at produce stands must have been primarily grown, raised or produced on the same property where the stand is located.
(3)
Seasonal operations: Produce stands may operate for up to six months of the year. When the produce stand is not in use, it must be removed and stored indoors.
(4)
Hours of operation: In residential zone districts, hours of operation shall be restricted from 7:00 a.m. to sunset.
(5)
Home occupation requirement: Where a produce stand is located on a property with a residential dwelling unit, it shall qualify as a home occupation and must comply with regulations in chapter 18.42, with the exception of subsection 18.42.030(7) of that chapter.
(6)
Signage: Produce stands operating as home occupations shall be allotted one non-illuminated sign up to six square feet in size. All other produce stands are permitted to have one non-illuminated sign up to six square feet in size, with a maximum height of five feet. The sign shall not be displayed when the stand is not in operation. Signs shall be counted toward the total signage allowance for the property per chapter 18.32.
Urban farms, as defined in section 18.04.020 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Signage: Each urban farm is permitted signage in accordance with what is allowed in chapter 18.32 of this Code.
(2)
Permitted structures: Primary and accessory structures are allowed. Accessory structures such as sheds and greenhouses are permitted whether or not the lot contains a primary or main structure. All structures shall comply with the regulations for primary and accessory structures, including maximum size, height, and setbacks, for the property's zone district.
(3)
Hours of operation: In residential zone districts, urban farms are permitted to operate from 7:00 a.m. to sunset and any exterior lighting must be shut off at sundown. Exterior lighting in all zone districts shall comply with the exterior lighting standards in chapter 18.34.
(4)
Approval of a special use permit: A special use permit in accordance with chapter 18.30 will be required for urban farms one-half acre to two acres in size. A site plan, operational information, parking plan, trash and recycling plan, water quality plan, and written approval from the owner of the property were the urban farm will occur, is required for review and approval. Special use permits in all zone districts shall comply with the requirements set forth in chapter 18.30.
Community gardens, as defined in section 18.04.020 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Signage: Each community garden is permitted signage in accordance with what is allowed in chapter 18.32 of this Code.
(2)
Permitted structures: Accessory structures such as sheds and greenhouses are permitted. All structures shall comply with the regulations for primary and accessory structures, including maximum size, height, and setbacks, for the property's zone district.
Green grocer, as defined in section 18.04.050 and where allowed per chapter 18.28, shall comply with the following regulations:
(1)
Location: Green grocers must be located on private property.
(2)
Products sold: Agricultural products such as raw vegetables, fruits, herbs, flowers, nuts, honey and eggs may be sold. Agricultural products, such as those made from raw agricultural products grown, raised or produced on-site, such as jams, jellies, oils, vinegars and cheeses may also be sold. Products sold at green grocers must have been primarily grown, raised or produced locally.
(3)
Operations: Green grocers may operate year-round. When the green grocer is not in use, it must be removed from the property.
(4)
Hours of operation: In residential zone districts, hours of operation shall be restricted from 7:00 a.m. to sunset.
(5)
Signage: Green grocers are permitted to have one non-illuminated sign up to six square feet in size, with a maximum height of five feet. The sign shall not be displayed when the green grocer is not in operation. Signs shall be counted toward the total signage allowance for the property per chapter 18.32.
(a)
It shall be unlawful for any person to own, possess, harbor, keep, slaughter or care for backyard chickens unless such person first obtains a backyard chicken license granted by the community and economic development department upon its determination that the proposed licensed premise is in compliance with all requirements of this section. A non-refundable application fee, the amount of which shall be established by resolution of city council, must be submitted with the backyard chicken license application.
(b)
Backyard chickens are allowed as an accessory use only upon lots or parcels developed for residential use, private or public school use, or municipal use, excluding mobile homes and mobile home parks.
(c)
The ownership, possession, harboring, keeping, slaughtering, and care of backyard chickens is subject to the following requirements:
(1)
No more than six backyard chickens are permitted per developed one household dwelling unit, private or public school, or public property. The total number of backyard chickens for any lot or parcel shall not exceed 12.
(2)
Roosters, and any other fowl or poultry, including, but not limited to, ducks, quail, geese, pigeons, peafowl or turkeys are prohibited under the license granted pursuant to this section.
(3)
Backyard chickens may only be kept in the rear yard of a lot or parcel and within a designated chicken coop, which shall include a run, meeting the following requirements:
a.
The coop shall be fully enclosed, having floors, walls and a roof sufficient to protect the backyard chickens from predators, inclement weather and extreme temperatures;
b.
The coop shall provide a minimum of four square feet of living space per chicken;
c.
The coop shall not exceed six feet in height as measured from the ground;
d.
The run shall provide a minimum of six square feet of exercise space per chicken;
e.
The run shall be fully enclosed, adequately fenced and protected from predators, and shall have direct access to the chicken coop;
f.
The coop and run, taken together, shall not exceed a maximum gross floor area of 120 square feet;
g.
The coop or run shall have a minimum ten feet setback from any side or rear property line;
h.
No coop or run shall be located between the rear of a principal structure and the front yard lot line; and
i.
Only one coop and one run is allowed per dwelling unit.
(4)
Backyard chickens must be securely kept within the coop in the rear yard from dusk until dawn.
(5)
During daylight hours or from dawn to dusk, backyard chickens may be allowed to roam within a designated chicken run.
(6)
A fresh water supply for backyard chickens shall be provided and maintained in the rear yard of the property at all times, in a location readily accessible to all backyard chickens.
(7)
Chicken coops and runs shall be kept in good working condition and regularly maintained in a clean, sanitary condition so as to control dust, odor, and waste and to minimize the presence of flies and other insects and potential for disease.
(8)
Animal excrement and other waste must be stored in a re-sealable, airtight, vermin-proof and predator-proof container, and shall be properly disposed of to control odor and minimize potential for disease.
(9)
Chicken feed shall be enclosed in a re-sealable, airtight, vermin-proof and predator-proof container.
(10)
The slaughtering of backyard chickens is permitted indoors only; however, the slaughtering shall be limited only to the property subject to the license and to those backyard chickens permitted by the license. In addition, the slaughtering location must be screened so as to not be visible from any adjoining properties. Any and all slaughtered animal remains or waste shall be disposed of within 24 hours of generation and in accordance with section 4.82.015 of the Code.
(d)
It shall be unlawful for any person to own, keep, harbor, possess, slaughter, or care for backyard chickens in violation of the requirements of this section and any such violation is hereby deemed a nuisance that may be abated pursuant to the provisions specified in chapter 5.01 of this Code.
(e)
Nonconforming use. A dwelling unit permitted to keep chicken hens as a special use in any residential zone district in accordance with chapter 18.30 prior to March 6, 2019, shall be considered a permitted, nonconforming use, if in compliance with all other provisions of this Code pertaining to such use. Such nonconforming use must come into compliance with all requirements of this section by April 1, 2022.
(a)
It shall be unlawful for any person to own, possess, harbor, keep, maintain or care for bees unless such person first obtains a beekeeping license granted by the community and economic development department upon its determination that the proposed licensed premise is in compliance with all requirements of this section. A non-refundable application fee, the amount of which shall be established by resolution of city council, must be submitted with the beekeeping license application.
(b)
Bees are allowed as an accessory use only upon lots or parcels developed for residential use, private or public school use, or municipal use, excluding mobile homes and mobile home parks.
(c)
The ownership, possession, harboring, keeping, maintenance, and care of bees is subject to the following requirements:
(1)
Africanized bees are prohibited under the license granted pursuant to this section, and it shall be unlawful to maintain Africanized bees.
(2)
No more than two hives may be allowed on any lot or parcel:
(3)
Hives shall be located in the rear yard of a lot or parcel and shall have a minimum ten feet setback from any side or rear property line.
(4)
No hive shall be located between the rear of a principal structure and the front yard lot line.
(5)
A fresh water supply must be maintained within five feet of the hive.
(6)
The maximum height of a hive and any stand shall not be greater than six feet.
(d)
It shall be unlawful for any person to own, keep, harbor, possess, maintain, or care for bees in violation of the requirements of this section and any such violation is hereby deemed a nuisance that may be abated pursuant to the provisions specified in chapter 5.01 of this Code.
(e)
Nothing in this section shall be interpreted to immunize a beekeeper from civil liability arising out of their beekeeping activities, regardless of the beekeeper's compliance with the requirements of this section.
(f)
Nonconforming use. A dwelling unit permitted to keep bees as a special use in any residential zone district in accordance with chapter 18.30 prior to March 6, 2019, shall be considered a permitted, nonconforming use, if in compliance with all other provisions of this Code pertaining to such use. Such nonconforming use must come into compliance with all requirements of this section by April 1, 2022.
(a)
It shall be unlawful for any person to own, possess, harbor, keep, maintain or care for miniature goats or miniature pot-bellied pigs unless such person first obtains a miniature animal license granted by the community and economic development department upon its determination that the proposed licensed premise is in compliance with all requirements of this section. A non-refundable application fee, the amount of which shall be established by resolution of city council, must be submitted with the miniature goat or miniature pot-bellied pig license application.
(b)
Miniature goats or miniature pot-bellied pigs are allowed as an accessory use only upon lots or parcels developed for residential use, private or public school use, or municipal use, excluding mobile homes and mobile home parks.
(c)
The ownership, possession, harboring, keeping, and care of miniature goats or miniature pot-bellied pigs is subject to the following requirements:
(1)
No more than two miniature goats or miniature pot-bellied pigs are permitted per developed one household dwelling unit, public or private school, or public property.
(2)
No less than two miniature goats, 12 weeks of age or older, must be kept in order to humanely meet the companionship needs of miniature goats. Any number of off-spring younger than 12 weeks of age may be kept at the licensed premises.
(3)
Other domestic hoofed livestock, including, but not limited to, Dexter cattle, miniature horses, miniature ponies, Alpine goats, LaMancha goats, Nubian goats, Boer goats, or similar full-sized dairy and meat goats, sheep, llamas, and swine are prohibited under the license granted pursuant to this section.
(4)
Miniature goats or miniature pot-bellied pigs may only be kept indoors with access to the rear yard of a lot or parcel with a minimum square footage (not including dwelling unit(s)) of 1,000 square feet, and meeting the following requirements:
a.
The outdoor area shall be adequately fenced with a minimum four-foot fence and protected from predators, and shall have direct access to the dwelling unit.
b.
The outdoor enclosure shall have a minimum ten-foot setback from any side or rear property line; and
c.
No outdoor enclosure shall be located between the rear of principal structure and the front yard lot line.
(5)
Miniature goats or miniature pot-bellied pigs must be securely kept within the shelter, dwelling unit, or rear yard from dusk until dawn.
(6)
During daylight hours or from dawn to dusk, miniature goats or miniature pot-bellied pigs may be allowed to roam within a designated outdoor area.
(7)
A fresh water supply for the miniature animals shall be provided and maintained in the rear yard of the property at all times, in a location readily accessible to all miniature animals.
(8)
Shelters and outdoor areas shall be kept in good working condition and regularly maintained in a clean, sanitary condition so as to control dust, odor, and waste and to minimize the presence of flies and other insects and potential for disease.
(9)
Animal excrement and other waste must be stored in a re-sealable, airtight, vermin-proof and predator-proof container, and shall be properly disposed of to control odor and minimize potential for disease.
(10)
Feed shall be enclosed in a re-sealable, airtight, vermin-proof and predator-proof container.
(11)
Any male miniature goat or pot-bellied pig must be neutered or any female miniature goat or pot-bellied pig must be spayed before the age of six months.
(12)
The on-site slaughtering of miniature animals is prohibited.
(d)
It shall be unlawful for any person to own, keep, harbor, possess, maintain, or care for miniature animals in violation of the requirements of this section and any such violation is hereby deemed a nuisance that may be abated pursuant to the provisions specified in chapter 5.01 of this Code.
(e)
Nonconforming use. A dwelling unit permitted to keep miniature animals as a special use in any residential zone district in accordance with chapter 18.30 prior to March 6, 2019, shall be considered a permitted, nonconforming use, if in compliance with all other provisions of this Code pertaining to such use. Such nonconforming use must come into compliance with all requirements of this section by April 1, 2022.
(a)
It shall be unlawful for any person to own, possess, harbor, keep, maintain or care for rabbits, chinchillas and any female breed of duck unless such person first obtains a small livestock and fowl license granted by the community and economic development department upon its determination that the proposed licensed premise is in compliance with all requirements of this section. A non-refundable application fee, the amount of which shall be established by resolution of city council, must be submitted with the license application.
(b)
Rabbits, chinchillas, and any female breed of duck are allowed as an accessory use only upon lots or parcels developed for residential use or private or public school use, excluding mobile homes and mobile home parks.
(c)
The ownership, possession, harboring, keeping, and care of rabbits, chinchillas, or any female breed of duck is subject to the following requirements:
(1)
Drakes and any other small livestock, fowl or poultry, including, but not limited to, roosters, hens, turkeys, pheasants, geese, peacocks, and peafowl are prohibited under the license granted pursuant to this section.
(2)
No more than the following number of animals may be allowed on any lot or parcel:
a.
Six female ducks;
b.
Three rabbits;
c.
Three chinchillas.
(3)
The total number of animals for any lot or parcel shall not exceed 12.
(4)
Rabbits, chinchillas, and female ducks may be kept in the rear yard of a lot or parcel and within a designated hutch or other shelter, which shall include a run, meeting the following requirements:
a.
The hutch or shelter shall be fully enclosed, having floors, walls and a roof sufficient to protect the animals from predators, inclement weather and extreme temperatures;
b.
For ducks, the shelter shall provide a minimum four square feet of living space per duck;
c.
For rabbits, the hutch shall provide a minimum 12 square feet of living space per rabbit;
d.
For chinchillas, the shelter shall contain multiple levels and provide a minimum two square feet of living space per chinchilla;
e.
For rabbits, a run shall provide a minimum 32 square feet of exercise space per rabbit;
f.
The hutch or shelter and run, taken together, shall not exceed a maximum gross floor area of 120 square feet;
g.
The hutch, shelter or run shall have a minimum ten-foot setback from any side or rear property line;
h.
No hutch, shelter or run shall be located between the rear of a principal structure and the front yard lot line;
i.
Any run shall be fully enclosed, adequately fenced and protected from predators, and shall have direct access to the rabbit hutch or duck shelter;
j.
The hutch, or shelter shall not exceed six feet in height as measured from the ground.
(5)
All animals must be securely kept within their designated shelters in the rear yard from dusk until dawn.
(6)
During daylight hours or from dawn to dusk, ducks and rabbits may be allowed to roam within a designated run.
(7)
A fresh water supply for animals shall be provided and maintained in the rear yard of the property at all times, in a location readily accessible to all animals.
(8)
Hutches, shelters and runs shall be kept in good working condition and regularly maintained in a clean, sanitary condition so as to control dust, odor, and waste and to minimize the presence of flies and other insects and potential for disease.
(9)
Animal excrement and other waste must be stored in a re-sealable, airtight, vermin-proof and predator-proof container, and shall be properly disposed of to control odor and minimize potential for disease.
(10)
Feed shall be enclosed in a re-sealable, airtight, vermin-proof and predator-proof container.
(11)
The on-site slaughtering of rabbits, chinchillas and ducks is permitted indoors only; however, the slaughtering shall be limited only to the property subject to the license and to those rabbits, chinchillas and ducks permitted by the license. In addition, the slaughtering location must be screened so as to not be visible from any adjoining properties. Any and all slaughtered animal remains or waste shall be disposed of within 24 hours of generation and in accordance with section 4.82.015 of the Code.
(d)
It shall be unlawful for any person to own, keep, harbor, possess, maintain, or care for rabbits, chinchillas, and female ducks in violation of the requirements of this section and any such violation is hereby deemed a nuisance that may be abated pursuant to the provisions specified in chapter 5.01 of this Code.
(e)
Nonconforming use. A dwelling unit permitted to keep rabbits, chinchillas or ducks as a special use in any residential zone district in accordance with chapter 18.30 prior to March 6, 2019, shall be considered a permitted, nonconforming use, if in compliance with all other provisions of this Code pertaining to such use. Such nonconforming use must come into compliance with all requirements of this section by April 1, 2022.