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Home My WebLink About1200-13 COMMUNITY GARDEN 2013072528 3 r � Zcpt:1515530 IT:eO0 .00 )S: 0.00 .00C 34/25/13 B. McBee, Dptylerk ORDINANCE NO1200-13 AN ORDINANCE OF THE CITY COUNCIL 'OF THE CITY OF per ZEPHYRHILLS; FLORIDA MAKING COMPREHENSIVE REVISIONS TO C THE CITY. OF ZEPHYRHILLS CODE OF ORDINANCES, ARTICLE II: w Z ZONING DISTRICTS ' AND ALLOWED USES AND ARTICLE VII: co'- DESIGN STANDARDS AND IMPROVEMENT REQUIREMENTS, OD 3 RELATING TO COMMUNITY GARDENS; AMENDING SECTION 2.02.01 N3 PERMITTED USES; CREATING SECTION 7.09.28 COMMUNITY GARDENS; AMENDING PART 13.02.00 DEFINITION OF TERMS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; ww PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Zephyrhills accepted Sustainable Zephyrhills, A Community Action Plan on June 11, 2012, which recommended community gardens as a method to increase production of fresh, healthy food and promote community sustainability within the City; and WHEREAS, the City of Zephyrhills staff solicited and received input from city residents in the making of this ordinance; and WHEREAS, the City of Zephyrhills Planning Commission conducted a public hearing on this ordinance on March 19, 2013, and made a fording of consistency with the Zephyrhills Comprehensive Plan and recommendation that the ordinance be approved by City Council; and WHEREAS, City Council has determined that the following amendments promote and protect the general health, safety and welfare of the residents of the City of Zephyrhills; NOW, THEREFORE, BE IT ENACTED, AND ORDAINED BY THE CITY OF THE CITY OF ZEPHYRHILLS,FLORIDA,AS FOLLOWS: SECTION 1: That "Table 2.02.01 Allowable Uses in Zoning Districts" is hereby amended by adding underlined text and deleting struck-through text as shown in attached Exhibit A. SECTION 2: That "Section 7.09.14 Garage Sales" is hereby amended by adding the underlined text as follows: "(A) Generally. The following regulations shall include all general sales open to the public from or on residential premises or any residentially zoned site for the purpose of disposing of personal property, including, but not-limited to: all sales entitled garage, lawn, attic, yard, porch, room, backyard, patio or rummage sales, and sales of surplus produces and plants grown in an approved community garden. This section shall not include a situation where no more than five specific items are held out for sale and advertisement of the sale specifically names those items to be sold. For purposes of this section, personal property shall mean property which is owned, utilized and maintained by an individual or members of his or her household and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment." SECTION 3: That "Section 7.09.28 Community Gardens" is hereby created by adding the undeflined language as follows: "Community gardens shall be allowed in all zoning districts except Airport (AP-1) and Airport Related (AP-2) and shall-comply with the development standards of the zoning district, the general development standards, and this section. If a provision of this section conflicts with another provision of this Code,the more restrictive shall apply. (A) Sustainable garden practices including water conservation, composting and non-polluting, integrated pest and pathogen management practices are strongly encouraged. (B) Hours of activity. No gardening activities may take place before sunrise or after sunset. (C) Property maintenance. The property owner shall be responsible for maintaining the property in an orderly and neat condition in accordance with property maintenance standards in this Code. Plots may not be consistently weedy, untended or filled with debris. Record and Return to: Page 1 of 3 City Clerk's Office 5335 8th Street • Zephyrhills, FL 33542 OR BK 8862 PG 3337 2 of 3 No trash or debris shall be stored or allowed to_remain on the property. Tools and supplies shall be stored indoors or removed from the property daily. Vegetative material (e.g., compost), soil for garden use and other bulk supplies shall be stored to the rear or center of the property and shall not create a visual blight or offensive odors. The community shall be designed, managed and maintained to prevent any chemical pesticide, fertilizer or other garden waste from draining off of the property. (D) Chemical use and storage. Organic gardening is strongly encouraged. Fertilizer, pesticide, insecticide, herbicide or agricultural chemical use must be consistent with label instructions and must be in compliance with applicable ordinances and laws. Pesticides and fertilizers may only be stored on the property in a locked structure and must comply'with all applicable requirements for hazardous material use and handling. —(-E)—Sale of surplus-produce-and=plants.-Community-gardens-are-not intended>to=-be-commer-ciall--- - enterprises• however, there may be occasions of surplus. Produce and plants grown in community garden shall not be sold wholesale nor offered for sale on the premises except at garage sales as permitted under section 7.09.14 of the Code. (F) Permitted structures. Only the following structures will be permitted in a community garden: (1) Greenhouses, hoophouses storage sheds, shade pavilions; and planting preparation houses. (2) Fences. Fencing will be subject to the regulations in Part 7.07.00 Fences, walls and hedges. (3) Compost bins and rain barrel systems must set back from property,lines consistent with the minimum principal building setback of the underlying zoning district. (G) Parking. Off-street parking is allowed in designated areas consistent with zoning district standards. (H) Screening. Community gardening activities located within 10 feet of a residential structure may require screening as determined by the Planning Director. (I) Restoration. If operation of a community garden has been discontinued for six months or more, the property owner must level and clean the property, including removal of plant materials,planting structures and materials, and debris. (J) Application. An application for administrative approval must be submitted to the Planning Department along with the following documentation: (1) Notarized letter signedythe property owner giving permission for use of property. (2) A site plan (hand-drawn permissible OR may be hand-drawn), generally drawn to scale, showing the property size with dimensions, location of all existing structures on the property, easements or land reservations within the site, and any proposed fencing and screening." SECTION 4: That "Part 13.02.00 Definition of terms" is hereby amended by adding the underlined language as follows: "COMMUNITY GARDEN. A piece of land that is managed and maintained by a group of people to grow and harvest food crops and non-food ornamental crops, such as flowers, for personal or group use, consumption donation, or limited sale. A community garden may be divided into separate plots for cultivation by one or more individuals, or may be farmed collectively by members of a group and may include common areas maintained and used by group members. GREENHOUSE. A building made primarily of glass, plastic, or fiberglass in which plants are cultivated. HOOPHOUSE. A structure made of PVC piping or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape." SECTION 5: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of any conflict. Page 2 of 3 OR BK 8862 PG 3338 3 of 3 SECTION 6: It is declared to be the intent of the City Council of the City of Zephyrhills, Florida,-that if any-section,,subsection, sentence, clause, or provision of this Ordinance shall be declared invalid, the remainder of this Ordinance shall be construed as not having contained said section, subsection, sentence, clause, or provision and shall not be,affected by such holding. .1h"' °SECTION 7: This,Ordinance shall become effective upon passage on the second reading and signing'of tho,, 9r. The.foregoin -Ordinance 1200-13 as read and approved on first reading at an open and regular meef ng f he C y:C ncil of the City of Zephyrhills, Florida, on this 25 day of March, 2013. -�. da-DBoan City Clerk Kenneth V.'Compton, Council President The foregafig' Ordinance 1200-13 was read and approved on second reading at an open and regular meeting of the City Council of the City of Zephyrhills; Florida, on this 8th day of April, 013.,' & 4r --- Tnda D Bo' h, City Clerk;';; Kenneth V. Compton, Council President •a o �nY �� th The fti egomg 0 durance No 1200-13 was approved by me this 8 day of April, 2013. Kenneth V. Compton, assuming the duties of Mayor in his absence Approved as to legal form and legal content for the reliance of the City of Zephyrhills only: Joseph . blick, City Attorney Page 3 of 3 a EXHIBIT"A" Table 2.02.01:Allowable Uses in Zoning Districts. —Permitted Use "S"—Provisional or Special Use "SE"—Special Exception "C"—Conditional Use Land Use I R1 I R2 I R3 I R4 I M1 I M2 I M3 I M4 I OP I C1 I C2 I C3 LI API I AP2 I RC Restdentlal, Single family C C Attached Detached P P P Mobile home P P Two family P P C Multi family P C Mobile home subdivision P Accessory residential uses0 P P p P P P Accessory dwellings C C C C C C Dwellings for custodian/maintenance C C personnel Accommodations Hotel/motel C P P Recreational vehicles P P P P Bed&breakfast SE SE SE SE Institutional Living Nursing home C C P P Group home C P C P Foster care C General Sales and Service Florist shop P Office supply I P Pharmacy P Convenience retail Liquor store C C C Building supply(retail) P P Pawnshop P P Plant nursery P P P Shopping center P P Banks/other financial p P6 P P businesses Beauty/barber shops P Duplicating services P Kennel P Restaurant C Interior decorating P Laundromats/dry cleaning P P P P pickup Photographic studio P P P Travelagency P Dance studio C P P Personal services P P P Auto service station P P Auto service/repair C P P P Car wash C P P Amusements(indoor) P P Cabinet shop(custom) P P Rental shop _P_ _!_ _ _ _ _ .__ Repair shop(small appliance) Food service P P P P P Tavern C C P C Philanthropic,institutional/ P C or anization offices Professional office P P P P Taxi dispatch office P P Retail store C Retail sales P Veterinarian/animal hospital P P P Drycleaningplant P P Laundry pLaundryplant P P Lumberyard and wood p P products Pest control P P Sin painting P P Vehicle sales P Flea market(outdoor) C C Heavy vehicle maintenance p and repair Flea market (indoors/enclosed) C I Single booty dwelling ormobile home for resident ownerlmenager 2 Such as swimming pools,ubily&and storage buildings and private garages ( ) 3 One dwelling unit which Is accessory to a permitted use and located on the same lot 4 Travel trailers,camping traders,buck campers,motor homes,park trailers(as defined in FL Florida Statutes 320.08 as amended by SB 1204 eftecgve 711185)and collapsible ancillary structures on Individual vehicle sites 5 Includes filth wheel trailers,van campers and tents 6 Banks and other financial businesses primarily to serve adjacent residential areas 7 Heavy vehicle maintenance and repair e Food service establishment which derives at least 51%of Its gross revenue from the sale of food and non-alcoholic beverages o Food service establishment which derives at least 51%afire gross revenue(ram the sale of food and non-alcoholic beverages 10 Hated sales for neighborhood needs 11 Vehicle safes,repair and parts Including autos,trucks,recreanonel vehicles,mobile homes,boats,farm implements,provided the businesses may have Iimitedservice departments Incidental thereto,provided such work is carded on altogether within the building.Open display and storage is permitted. EXHIBIT"A" Manufacturing&Wholesale Trade Wholesale distribution P Wholesale/retail sales P Laboratories(testing) P P P P Mini-warehouse CP Warehouse P Bakery(wholesale) P P Building supply(wholesale) P P Cabinet shop(wholesale) P P Drug rocessin P P Food processing P P Machine shop P P Manufacturing,light P P Manufacturing P Metal fabrication P P Painting shop P P Materials storage P Recycling center P Tank farm P Transportation,sportation Communication,lnfarmatton&Utilities Utility structureslu P P P P P P P P P P P P P P Public utililtr stations/ C C C C C C C C C C C C C C C structures Parkin lots CCC Parking lot,commercial P P Bus station P P Freight terminal P P Communication/ transmission tower C C P Airport runways,taxiway, clear zones&and buffer P P zones Accessory utilities(airport) P P Airport terminal PP Aircraft aprons P P Aircraft service and P maintenance facilities Parking areas for aircraft P and motor vehicles Accessory uses related to p airport activities Lightindust Stormwater detention/ retention areas Arts,Entertainment&Recreation.' Adult entertainment C C Private recreational facilities P P Recreational facilities for P P RV ark occu ants Private clubs for P recreational use Private club C Private social and P P recreational clubs Outdoor recreation C C C Health club P P P Radio or television studio or P P other media office Photographic processing P P Printing and ublishin P P Recreation facilities Parks Education Public Atlm mstratlorr Health Care&Other Institutional Public buildin s P P P P P P_-..- P --...P�. ..P ... P. P ....__P -.._.. �. ... . P P P P Churches or other religious C C C C C P structures Day care C C C C P P Schools P P Schools(commercial) C Vocational-technical school P P Government offices and P P P facilities Medical and dental clinic P P• P Funeral home C P P Cemeteries Hospital CP Philanthropic or anization C Archaeological sites Historic sites Wildlife reserves Agriculture Forestry,Fishing&Hunting ( ACl' ure(community CP CP CP CP CP CP CP CP CP CP CP CP gardens) 6Pt Conservation arks -PP Open s ace P P 12 Whdesale/retail sales of those items manufactured en site,or Items elosety related to those Items manufactured on site 13 Utility structures ownedlor operated by the City of Zephyrhits 14 Public utility stations/structures(except slationelstmctures owned and operated by the City)Including transmission wires,guy wires,poles end pipelines as needed to Install and maintain approved utiffty services 15 Parking lots for adjacent office or commercial uses existing on the effective date of this code 16 Light industry consistent with the Airport Master Plan 17 Public buildings or uses owned/or operated by the City Including community buildings,parks,picnic areas and other recreational uses EXHIBIT"A" Manufacturing&Wholesale Trade Wholesale distribution P Wholesale/retail sales P Laboratories(testing) P P P P Mini-warehouse C -P t Warehouse P Bakery(wholesale) P P Building supply(wholesale) P P Cabinet shop(wholesale) P P Drug rocessin P P Food processing P P Machine shop P P Manufacturing,light P P Manufacturing P Metal fabrication P P Painting shop P P Materials storage P Recycling center P Tank farm P Transportation,Communication Information&U ilrties Utility structures P P P P P P P P P P P P P P Public utility stations/ C C C C C C C C C C C C C C C structures Parking lots C C C Parking lot,commercial P P Bus station P P Freight terminal PP Communication/ C C P transmission tower Airport runways,taxiway, clear zones&and buffer P P zones Accessory utilities(airport) P P • Airport terminal P P Aircraft aprons P P Aircraft service and P maintenance facilities Parking areas for aircraft P and motor vehicles Accessory uses related to P airport activities Light lndustry1C Stormwater detention/ retention areas Arts Entertainment&,Recreatioji Adult entertainment ti C.... C Private recreational facilities P P Recreational facilities for P P RV park occupants Private clubs for recreational use Private club C Private social and recreational clubs P Outdoor recreation C C C Health club P P P Radio or television studio or P P other media office Photographic processing P P Printing and publishing P P Recreation facilities Parks pducatton,Public Admmrstration,Health Care&Other Instdu#ional Public buildings P P P P P P P P P P P P P P Churches or other religious C C C C C P structures Day care C C C C P P Schools P P Schools(commercial) C Vocational-technical school P P Government offices and P P P facilities Medical and dental clinic P P P Funeral home C P P Cemeteries Hospital C P Philanthropic organization C Archaeological sites Historic sites Wildlife preserves Agriculture Forestry,Fishing&Hunting GP GP GP GP GP GP GP G P GP GP GP ..G GP Agriculture(community P G P G P gardens) - - E Conservation parks P P Open s ace P P 12 Wholesalelrelail sales of those items manufactured en site,or items closely related to Nose Items manufactured on site 13 Utility structures owned/or operated by the city of Zephyehills 14 Public utility stadons/structures(except stations/struetures owned end operated by the City)including transmission wires,guy wires,poles and pipelines as needed to install end maintain approved utility services 15 Parking lots for adjacent office or commercial uses wdsting on the effective date of this code 16 Light Industry consistent eccih the Airport Master Plan 17 Public buildings muses owned/or operated by the City Including community buildings,parks,pienlc areas and ether recreational uses EXHIBIT"A" Table 2.02.01:Allowable Uses in Zoning Districts. "P"—Permitted Use "S"—Provisional or Special Use "SE"—Special Exception "C"—Conditional Use Land Use Al I R2 I R3 I R4 I M1 I M2 I M3 I M4 I OP Cl I C2 I C3 I LI I API I AP2 I RC 4 s. Residential Single famil C C. Attached Detached P P P Mobile home P P Two family P P C Multi family P C Mobile home subdivision P Accessory residential usesz P P P P P P Accessory dwellings dwellingsu C C C C C C Dwellings for custodian/maintenance C C personnel Accommodations Hotel/motel 1 C P P Recreational vehicles P P P LP Bed&breakfast SE SE SE SE Institutional Living Nursing home C C P P Grou home C P j C P Foster care C General Sales and Service Florist shop P Office supply P Pharmacy P Convenience retail Liquor store C C C Building supply(retail) P P Pawnshop P P Plant nursery P P P Shopping center P P Banks/other financial P P6 P P businesses Beauty/barber shops P Duplicating services P Kennel P Restaurant Interior decorating P Laundromats/dry cleaning P P P P pickup Photographic studio PP P Travel agency P Dance studio C P . P Personal services P P P Auto service station P P Auto service/repair C P P P Car wash C P P Amusements(indoor) P P Cabinet shop(custom) P P Rental shop P P Repair shop(small appliance) Food service P P P P P Tavern C C P C Philanthropic,institutional/ P C organization offices Professional office P P P P Taxi dis atch office P P Retail store C Retail sales Veterinarian/animal hos ital P P P Dry cleaning lant P P Laundry lant P P Lumber yard and wood P P products Pest control P P Sin painting P P Vehicle sales P Flea market(outdoor) C C Heavy vehicle maintenance P and repair Flea market C indoors/enclosed I Single family dwelling or mobile home for resident owner/manager 2 Such as swimming pools,utility&and storage buildings and private garages 3 One dwelling unit which is accessory toe permitted use and located on the same lot 4 Travel tregers,cemplrg trailers,truck campers,motor homes,park trailers(en defined in FL Florida Statutes 320.08 as amended by SB 1204 elective 7/1/85)and collapsible ancillary structures on individual vehicle sites S Includes pith wheel traders.van campers end tents 6 Banks'and other financial businesses primarily to serve adlseent residential areas 7 Heavy vehicle maintenance and repair 6 Food service establishment which derives at least 51%of its gross revenue from the sale of food and non-alcoholic beverages 9 Food service establshment which derives at least 61%alibi gross revenue from the sale of food end ens.elcohollc beverages 10 Retail sales for neighborhood needs 11 Vehicle sales.repair and parts including autos,rucks,recreational vehicles,mobile homes.boats.farm implements,provided the businesses may have limited service departments incidental thereto,provided such work is carried on altogether within the building.Open display end storage is permitted. -