HomeMy WebLinkAbout08370ORDINANCE NO. 8370
AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF
TITLE XVII OF THE PUEBLO MUNICIPAL CODE
RELATING TO COMMUNITY GARDENS AND PROVIDING
PENALTIES FOR VIOLATION THEREOF
BE IT ORDANIED BY THE CITY COUNCIL OF PUEBLO, that:
(brackets indicate matter being deleted, underscoring indicating matter being added)
SECTION 1.
Section 17-2-1 of the Pueblo Municipal Code is hereby amended by the addition of
a new subsection (11.022) to read as follows:
Sec. 17-2-1. Definitions.
For the purpose of this Title, certain terms and words used herein shall be
interpreted as follows:
. . .
(11.022) means a parcel of land that is managed by a
Community garden
non- profit organization, public entity, or a group of individuals for the
purposes of growing and harvesting legal plants for donation, personal use
or off-site incidental sales. Community gardens that operate as a primary
use of a parcel must obtain a Community Garden permit from the
Department of Planning and Community Development and abide by
performance standards set forth in Section 17-4-13. Community gardens
that operate as accessory uses are encouraged to abide by the
performance standards described in 17-4-13 but are not required to obtain
a Community Garden permit.
SECTION 2.
Chapter 4, Title XVII of the Pueblo Municipal Code is hereby amended by the
addition of a new Section 17-4-13 to read as follows:
17-4-13. Community Gardens Performance Standards.
(a) Intent. The intent of this section is to provide regulatory authorization for
community gardens and establish guidelines so that their development may
remain harmonious with surrounding properties. Community gardens provide
important access to local fresh food, facilitate community development, and
may provide care of lots that could otherwise become a nuisance in the
neighborhood. Properly maintained community gardens beautify a
neighborhood and provide supplementary access to affordable food.
(b) Overview. This ordinance clarifies zoning requirements applicable to
community gardens and facilitates and provides for their expansion,
permitting, and maintenance as well as providing protections for neighboring
land uses in the event that such community gardens are not maintained.
(c) Applicability.
(1) Accessory Use. Community gardens, as an accessory use to a lawfully
permitted principal use, are permitted as accessory use by right in all Zone
Districts. Community gardens as accessory use do not require a Community
Garden permit. No community garden is allowed on City-owned property or
right of way, unless and until a revocable permit therefore is granted and a
community garden permit is issued. The incidental sale or donation of
harvested goods or plants is not permitted on-site, unless otherwise permitted
as a use by right in the Zone District where the community garden is located.
(2) Principal Use. Community gardens are allowed as a use by right in all
zone districts provided they comply with the regulations set forth in this
Section.
(d) Administration. Any person wishing to operate a community garden as a
principal use of land shall obtain a community garden permit from the
Administrative Official, and in connection therewith, provide to the
Administrative Official or authorized designee the following information:
(1) Application on a form provided by the Department of Planning and
Community Development;
(2) Proof of ownership, or approval to operate the community garden from
the property owner of record;
(3) Operating plan, including but not limited to outlining codes of conduct,
hours of operation, and how the community garden will comply with all
relevant Pueblo Municipal Codes relating to noise, nuisances, construction of
buildings and structures, lighting and the disposal of solid wastes; and
(4) Plans showing location, dimensions, and height of proposed amenities,
buildings or structures, including but not limited to sheds, gazebos, pergolas
and freestanding lights in relationships to property lines. All proposed
amenities and structures must comply with all setback requirements and
obtain all applicable building permits and comply with all other applicable
Codes and Ordinances effective at the time of installation.
(5) Additional information as required by the Administrative Official.
(e) Regulations.
(1) Community gardens must be maintained in a clean and neat manner,
and kept free of trash, weeds and residual clippings, year round, including
seasons or years when the garden is fallow.
(2) The hours of operation. Community gardens shall only be open and
active during the hours of 7:00 a.m. to 9:00 p.m.
(3) Compost must be kept at least 20’ away from adjacent single-family
residential homes.
(4) Incidental sales of harvested goods or plants are prohibited on-site,
unless otherwise lawfully permitted in the Zone District where the community
garden is located.
(f) Legal nonconforming community gardens.
(1) Community gardens as a principal use, in operation at the effective date
of this ordinance are considered legal nonconforming uses. Legal
nonconforming community gardens must obtain a Certificate of
Nonconforming Use from the Planning and Community Development
Department within 30 days of the effective date of this ordinance and must
demonstrate to the satisfaction of the Administrative Official that the
community garden was in operation prior to the effective date of this
ordinance.
(2) Community gardens that cease to operate for any reason for a period of
more than 180 days shall thereafter conform to the regulations specified
herein.
(3) Existing legal nonconforming community gardens are encouraged to
abide by the performance standards contained herein.
(g) Enforcement.
(1) The Administrative Official is authorized to enforce a final order to
remove or alter any community garden, which fails to comply with the
approved permit or regulations contained herein.
(2) Upon receiving a complaint regarding any community garden the
Administrative Official will investigate such claims. If the community garden is
found to be in violation of their permit, is determined to be a nuisance to the
neighborhood, as defined in Section 7-1-1(a) of this Code, or is no longer
operating as an active community garden, the Administrative Official is
authorized to revoke the permit. The community garden may reapply for a
permit at any time but must demonstrate the ability to correct the reasons for
their prior permit revocation.
SECTION 3.
This Ordinance, and the amendments made herein to Title XVII of the Pueblo
Municipal Code shall be subject to administration and enforcement in accordance with
Chapters 5 and 7 of Title XVII, Pueblo Municipal Code, as amended. Any person who
violates any provision of this Ordinance or the amendments made herein to Title XVII of
the Pueblo Municipal Code shall be guilty of a municipal offense and subject to
punishment and all other remedies as provided in Chapter 7 of Title XVII of the Pueblo
Municipal Code, as amended.
SECTION 4.
This Ordinance shall become effective upon final passage and approval.
INTRODUCED June 27, 2011
BY: Larry Atencio
COUNCILPERSON
PASSED AND APPROVED: July 11, 2011
Background Paper for Proposed
ORDINANCE
DATE: JUNE 27, 2011 AGENDA ITEM # R-8
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF THE PUEBLO
MUNICIPAL CODE RELATING TO COMMUNITY GARDENS AND PROVIDING
PENALTIES FOR VIOLATION THEREOF
ISSUE
Should the City Council amend Chapters 2 and 4 of Title XVII of the Pueblo Municipal
Code relating to Community Gardens?
RECOMMENDATION
The Planning and Zoning Commission, at their June 8, 2011 Regular Meeting, voted 5-0
to recommend approval.
BACKGROUND
The proposed Ordinance will define a Community Garden and allow for their lawful use
throughout the City. The Ordinance will also provide basic guidelines for how a
Community Garden must operate when they are a primary use of land. The Ordinance
will not interfere with any gardens operating as accessory uses, such as home, school,
and church gardens. Currently, Community Gardens are not a listed use and are
technically illegal as a primary use of land. Additionally, the Ordinance provides for the
enforcement of Community Gardens that are neglected and cause a nuisance to
adjacent neighbors.
FINANCIAL IMPACT
None.