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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.