§ 48-379. Community gardens.

Community gardens, as a principal or accessory use, are permitted as a conditional use within all zoning districts except the SED-80, special environmental district and ocean and sound water overlay district, provided the following requirements are met:

(1)

Minimum lot size. Community gardens shall be located on sites with a minimum lot area of one acre.

(2)

Setbacks. Whether proposed as an accessory use or as a principal use, the boundaries of the community garden and all permissible accessory structures shall meet the minimum required setbacks of the district in which it is proposed. In no instance shall the community garden or any associated improvements be located less than ten feet from any property line.

(3)

Lot coverage. Lot coverage shall not exceed the maximum allowable lot coverage for the district in which it is proposed.

(4)

Stormwater, fill and runoff management. Development of a community garden shall comply with all requirements of town Code chapter 34. Additionally, the site shall be designed and maintained so that water and fertilizer will not drain onto adjacent properties.

(5)

Permitted structures. Accessory structures such as storage sheds for gardening tools and supplies, greenhouses, hoop houses and cold frame structures to extend the growing season may be allowed in a community garden pursuant to the definitional requirements within town Code section 48-7 of Structure, accessory and structure, use.

(6)

Fencing. Fencing is not required but may be permitted if the gardener chooses to do so. Fencing shall not be greater than four feet in height and kept in good condition.

(7)

Parking. Ten parking spaces are required for the first acre; one additional parking space shall be provided for every additional acre of community garden use.

(8)

Hours of operation. Hours of operation shall be limited to the hours between sunrise and sunset.

(9)

Signage.    Signage shall be limited to a single, non-illuminated, flat sign no larger than four square feet.

(10)

Water usage. Water efficient irrigation techniques such as drip irrigation and timers to control watering times are encouraged. All hoses shall be equipped with a trigger nozzle. Mulching of plant areas is encouraged to retain plant moisture.

(11)

Composting. Composting may be performed on-site within a composting container subject to the all of the following:

a.

Composted materials shall be only those materials generated on-site or contributed by active members of the community garden.

b.

Composting containers shall be located a minimum of ten feet from all property lines.

c.

The permit holder for the community garden shall have a plan to reasonably control odor from any composting areas.

(12)

Trash/recycling receptacles. Trash and recycling receptacles shall be provided on-site for the proper disposal of refuse by the property owner. The containers shall be screened from adjacent properties by a four-foot high solid fence. Refuse shall be removed from the site regularly so that the receptacle area and the lot are kept free from litter.

(13)

Screening. Trash storage areas, mechanical equipment, compost and mulch piles and similar areas shall be screened so they are not visible from the street or from adjacent properties.

(14)

Lighting. Low level security lighting not to exceed one average maintained footcandle may be permitted on or around permitted structures in accordance with town Code subsection 48-328(c).

(15)

Sale of produce and plants. On-site sales of produce, plants or any other items are prohibited.

(16)

Prohibited plants. Planting illegal or invasive plants shall be prohibited. For additional information regarding invasive plant species, applicants should refer to literature published by the North Carolina Invasive Plant Council.

(Ord. No. 17-07-012 , Pt. II, 7-5-2017)