Unified Development Ordinance

Article 6.6. Open Uses

Article 6.6. Open Uses aaron.sheppard… Mon, 05/08/2023 - 10:23

Sec. 6.6.1. Agriculture

Sec. 6.6.1. Agriculture aaron.sheppard… Tue, 05/23/2023 - 11:13
  1. Agriculture Use Category
    The raising and harvesting of trees, vines, seeds, plants and crops, as well as the keeping, grazing or feeding of animals (including fish) for animal products, animal propagation, or value increase. Agriculture includes the following uses.
    1. Animal raising including horses, hogs, cows, sheep, goats, swine, poultry, rabbits and other small animals, apiculture, aquaculture, dairying, personal or commercial animal breeding and development.
    2. Community garden.
    3. Crop production, soil preparation, agricultural services, large animal and veterinary services, farm labor and management services, research farm.
    4. Floriculture, horticulture, pasturage, row and field crops, viticulture, tree or sod farm, silviculture, sale of agriculture products.
    5. Fish hatcheries, fish farm.
    6. Forestry, timber tracts, forest nursery, gathering of forest products.
    7. Grain, fruit, field crop and vegetable cultivation and storage.
    8. Hunting, trapping and game propagation.
    9. Livestock, horse, dairy, poultry and egg products.
    10. Livestock auction.
    11. Milk processing plant.
    12. Plant nursery.
    13. Restricted agriculture.
    14. Urban farm.
    15. Wildlife sanctuary.
  2. Community Garden
    1. Defined
      Areas of land managed and maintained by a group of individuals to grow and harvest food crops and non-food ornamental crops, for personal or group use, consumption, or donation. They may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by the group.
    2. Use Standards
      1. A community garden shall be primarily used for growing and harvesting food crops and ornamental crops, for consumption or donation or for sale on or off-site.
      2. On-site sales shall be permitted in R-1, R-10, Mixed Use and Special Districts subject to the following conditions:
        1. Sales shall be limited to agricultural produce not exceeding a maximum of 2,000 square feet per lot (not including areas devoted to driveways and off-street parking). In addition to the sales of agricultural produce, 25% of the produce stand area may be devoted to the sales of home made food goods such as baked goods, jams and relishes.
        2. Tents, stands, signs or other related structures shall provide a minimum 10-foot setback from all property lines and public rights-of-way and shall not be located within sight distance triangles.
        3. Areas devoted to off-street vehicular parking shall be oriented to provide for safe pedestrian and vehicular circulation and arranged so that vehicular ingress and egress to the parking areas is by forward motion of the vehicle.
        4. Signage shall be limited to 1 unlit announcement sign not to exceed 12 square feet in area and be no higher than 3½ feet above the ground elevation.
        5. All activities shall be discontinued by 8:00 PM when located in a Residential District.
        6. Waste collection facilities shall be provided on the property and may be portable in nature. Screening shall consist of landscaping or a wall or fence compatible with the principal building, if applicable, in terms of texture, quality, material and color. 
        7. A zoning permit showing consistency with these conditions shall be required prior to establishments of the on-site sales use and any changes thereto.
        8. No required landscape planting areas shall be utilized in association with the on-site sales activity and no unauthorized encroachments on public rights-of-way shall be permitted. ix. In no instance shall on-site sales be established on a site containing a Produce Stand as defined in Section 6.8.2.D.
      3. On-site sales in R-2, R-4 and R-6 shall require the issuance of a Special Use Permit in accordance with Section 10.2.9. In addition to the showings required by Sec. 10.2.9.E.1. through 8., all of the standards set forth in Section 6.6.1.B.2.b. must be met.
      4. Detached accessory structures such as storage or utility buildings, gazebos, trellises, or accessory greenhouse structures are permitted, subject to compliance with the requirements of the zoning district.
      5. If security fencing is installed, such fencing shall be of an open design.
      6. If lighting is installed, only motion-detecting fixtures shall be permitted. All-night lighting is prohibited.
      7. Community gardens shall be managed and maintained in compliance with all applicable standards of this UDO and the City Code, including but not limited to those pertaining to: nuisance abatement, stormwater, site accessibility, signage, soil erosion and sedimentation control and any required tree conservation and landscaping.
      8. Raising of animals is not permitted in a Residential District. In all other permitted districts, the raising of animals is subject to the following conditions:
        1. The community garden must be in active use for the growing and harvesting of crops.
        2. Hoofed animals are prohibited.
        3. Chickens are permitted at rate of 1 chicken per 1,000 square feet of lot area not to exceed 10 chickens on any single lot. No roosters are allowed.
        4. A maximum of 2 bee hives are permitted. 
        5. Any coop, hutch, hive, or other structure for housing animals shall be located at least 25 feet from any property line.
  3. Plant Nursery
    1. Defined
      A facility where horticultural and agricultural products produced on the premises are sold.
    2. Use Standards
      1. Sales shall be limited to agricultural products produced on the premises, hand-held garden tools, bags of fertilizer, mulch, and similar items normally associated with nursery or gardening operations.
      2. Sales offices shall be limited to 100 square feet of gross floor area per acre of land area, but in no case can the sales office exceed 1,000 square feet of gross floor area.
      3. The use shall not be located within a Primary Reservoir Watershed Protection Area.
      4. No more than 1 on-premise announcement sign not to exceed 12 square feet in area and 3½ feet in height.
  4. Restricted Agriculture
    1. Defined
      The raising and harvesting of tree crops (excluding forestry), vine crops and horticultural specialties not requiring intense cultivation. The keeping or grazing of animals for animal products, animal propagation or value increase is not allowed.
  5. Urban Farm
    1. Defined
      ​​​​​​​The raising and harvesting of trees (excluding forestry), vines, seeds, plants and crops, as well as the keeping, grazing or feeding of animals (including fish) for animal products, animal propagation, or value increase when located in an urbanized (developed) area. An urban farm may be owned by an individual, group or organization and may include intensive agriculture, typical large-scale farm equipment, and animal husbandry.

Sec. 6.6.2. Resource Extraction

Sec. 6.6.2. Resource Extraction aaron.sheppard… Tue, 05/23/2023 - 11:13
  1. Resource Extraction Use Category
    Characterized by uses that extract minerals and other solids and liquids from land. Resource extraction includes the following uses.
    1. Dredging, earth extraction, gas extraction.
    2. Extraction of phosphate or minerals.
    3. Extraction of sand or gravel, borrow pit.
    4. Land clearing for the purpose of resource extraction.
    5. Metal, sand, stone, gravel, clay, mining and other related processing.
    6. Stockpiling of sand, gravel, or other aggregate materials.
  2. Use Standards
    1. Except for properties in an IH District or used for industrial uses listed in Article 6.5. Industrial Uses, there shall be provided between overburden storage areas and adjoining properties not owned or leased by the operator, (a) walls, closed fences, berms or any combination equal or greater in height than the height of the overburden or (b) planted vegetation containing the following characteristics:
      1. Newly planted landscaping shall be of the following varieties: loblolly pine, genetically improved stock, Japanese cryptomeria ‘Yoshino’ and ‘Nellie Stevens’ holly;
      2. Newly planted pine trees shall be planted double filed with a linear-triangle configuration with 20 foot spacing. Yoshino and Nellie Stevens shall be installed in the middle of the tree plantings, with at least 25 percent of each variety being planted; and
      3. The planted pine trees shall be at least 6 feet tall and the planted Yoshino and Nellie Stevens shall be at least 4 feet tall.
    2. Existing woodland vegetation, at least 25 feet in width, which meets or exceeds the screening characteristics of the planted material may be used, in whole or in part, to satisfy the vegetative planting requirements.
    3. If planted or existing vegetation is used to screen the overburden, the overburden may not exceed a height of 70 feet or other City ordinances, whichever is more stringent. 
    4. A property shall be considered “adjoining” if it is separated from the area where overburden is deposited by a street right-of-way 100 feet wide or less.
    5. Upon the completion of any deposit of overburden material in any area, the deposit shall be covered with grass or other ground cover.
    6. The following hours of operations shall be observed:
      1. Blasting on the property is allowed only between the hours of 9 AM and 5 PM Mondays through Fridays except in the case of emergency. No blasting is allowed on the traditional holidays of New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day.
      2. Crushing equipment shall operate only between the hours of 6 AM and 9 PM Mondays through Saturdays and only between 1 PM and 9 PM on Sundays.
      3. Overburden will be deposited, graded or moved about the property only between the hours of 7 AM and 6 PM Mondays through Saturdays.
    7. If the operator uses audible back-up warning devices on machinery or equipment, the volume and frequency of the back-up warning devices shall be the minimum required to comply with any applicable law or regulation.
    8. All load trucks entering the property shall have a working functioning load cover. Any truck that does not have a working functioning load cover shall not be loaded. Loads on load trucks exiting the property shall be covered.
    9. At each exit driveway utilized by loaded trucks, a sign shall be erected reading that all loads exiting the property are required by City ordinance to be covered, and that failure to cover is a violation of the City Code. The sign shall be facing the property and all lettering shall be a minimum of 6 inches tall.
    10. The primary crusher shall not be located closer than 300 feet to any outer property boundary and no closer than 600 feet to any Residential District. In lieu of meeting these distances, the primary crusher may be located in any area of the excavation pit that is 50 or more feet below the then current grade surface level, so that the wall of the excavation pit will function as a noise baffle.