A.

This section shall apply to community garden uses as a principal use.

B.

This section shall not apply to a garden which is accessory to a principal use. Garden uses are often accessory uses to many principal uses, including residential uses, educational uses, restaurant uses, café uses, and house of worship uses.

C.

It shall be unlawful for any person to operate a community garden without a permit as required by this chapter.

(Ord. No. 933-G, § 1(16.50.085.1), 6-4-2009; Ord. No. 141-H, § 1, 11-24-2014)

Community gardens may create impacts which can be detrimental to the quality of life on adjacent properties. The purpose and intent of this section is to establish appropriate standards that allow for a community garden use, while mitigating any associated undesirable impacts. A community garden is a principal use that allows the growing, harvesting and in districts allowing retail sales, the incidental retail sale, of edible fruits or vegetables or other plant products intended for ingestion by neighboring residents, friends, owners, and the permittees of the owner for their consumption and enjoyment and for the consumption and enjoyment of others.

(Ord. No. 933-G, § 1(16.50.085.2), 6-4-2009; Ord. No. 141-H, § 1, 11-24-2014; Ord. No. 448-H, § 6, 2-11-2021)

Community garden uses are allowed in any zoning district and shall comply with the development standards of the zoning district, the general development standards, and this section.

(Ord. No. 933-G, § 1(16.50.085.3), 6-4-2009; Ord. No. 141-H, § 1, 11-24-2014)

A.

The property shall be maintained in an orderly and neat condition consistent with the City property maintenance standards.

B.

No trash or debris shall be stored or allowed to remain on the property outside of approved garbage containers.

C.

Tools and supplies shall be stored indoors or removed from the property daily.

D.

Vegetative material (e.g., compost), additional dirt for distribution and other bulk supplies shall be stored to the rear or center of the property, shall be kept in a neat and orderly fashion and shall not create a visual blight or offensive odors.

E.

Large power tools (e.g., mowers, tillers) shall be stored at the rear of the property.

F.

The community garden shall be designed and maintained to prevent any chemical pesticide, fertilizer or other garden waste from draining off of the property. Pesticides and fertilizers may only be stored on the property in a locked building or shed and must comply with any other applicable requirements for hazardous materials.

(Ord. No. 933-G, § 1(16.50.085.4.1), 6-4-2009; Ord. No. 141-H, § 1, 11-24-2014)

No retail sale activities shall take place before 7:00 a.m. or after 9:00 p.m. All activities shall comply with the noise ordinances (currently section 11-47 et seq.).

(Ord. No. 933-G, § 1(16.50.085.4.2), 6-4-2009; Ord. No. 141-H, § 1, 11-24-2014)

A.

On-site retail sales of products grown on-site, including value added-products such as pickles and jams, are permitted only in the Corridor Commercial Traditional (CCT), Corridor Commercial Suburban (CCS), Downtown Center Core and 1, 2, and 3 (DC Core, 1, 2, 3), Retail Center (RC), Employment Center (EC), Institutional Center (IC), and Industrial (IT, IS) zoning districts and shall comply with all the requirements of this section.

B.

On-site retail sales of products grown on-site are permitted in other zoning districts in accordance with the Use Specific Standards for Home Produce Sales and for Commercial Gardens and Greenhouses.

C.

Surplus produce may be sold off the premises to assist in defraying the costs of the community garden.

(Ord. No. 933-G, § 1(16.50.085.4.3), 6-4-2009; Ord. No. 141-H, § 1, 11-24-2014; Ord. No. 448-H, § 6, 2-11-2021)

Structures, including sheds, gardening hoop houses, cold frames, greenhouses and vertical vegetable structures, buildings shall comply with the requirements of the zoning district.

(Ord. No. 933-G, § 1(16.50.085.4.4), 6-4-2009; Ord. No. 141-H, § 1, 11-24-2014; Ord. No. 448-H, § 6, 2-11-2021)

Garbage container types, use and maintenance shall comply with the Solid Waste Collection, Disposal Section of the Code (currently Chapter 27, Article V). The property owner shall coordinate the location of the trash container used on the site with the POD. Trash containers shall be located abutting the alley. If there is no alley, then they shall be located to the rear of the property unless the POD determines that another location creates less impact on the adjacent properties and is accessible by the City's solid waste collection vehicles.

(Ord. No. 933-G, § 1(16.50.085.4.5), 6-4-2009; Ord. No. 141-H, § 1, 11-24-2014)

All fencing shall comply with the requirements in the fence, wall and hedge regulations section (currently section 16.40.040).

(Ord. No. 933-G, § 1(16.50.085.4.6), 6-4-2009; Ord. No. 141-H, § 1, 11-24-2014)

Plantings shall not be planted closer than five feet to the side, street side, or rear property line and not closer than ten feet to the front property line. Climbing plants, such as beans and snow peas, may encroach out of these boundaries when grown on structures allowed by this chapter. All plantings shall comply with the visibility at intersections requirements.

(Ord. No. 933-G, § 1(16.50.085.4.7), 6-4-2009; Ord. No. 141-H, § 1, 11-24-2014; Ord. No. 448-H, § 6, 2-11-2021)

A.

Soil. The community garden shall comply with all federal, state and local regulations pertaining to agricultural production and soil suitability.

B.

Water. Water conservation and stormwater runoff prevention practices shall be employed in accordance with applicable regulations adopted by the Southwest Florida Water Management District (SWFWMD) and the City. In addition, it is recommended that community gardens use water conservation techniques, including sheet mulching, basins and swales, and drip irrigation systems.

C.

Pesticides and herbicides. Community gardens shall comply with all federal, state and local regulations pertaining to pesticides and herbicides.

D.

Fertilizer. Community gardens shall comply with all federal, state and local regulations pertaining to fertilizer.

(Ord. No. 141-H, § 1, 11-24-2014)