This chapter authorizes the creation, organization, maintenance, and caretaking in the city of Staunton of vegetable gardens which are owned or leased by nonprofit, charitable organizations and commonly referred to as a "community garden," and prescribes the conditions for such community garden within an urban environment. It also seeks to protect the integrity of the surrounding neighborhoods as well as the health and safety of individuals utilizing or volunteering for a community garden as a vital part of the agribusiness economy of the Shenandoah Valley of Virginia.
(Ord. 2023-01)
The following words and phrases, as used in this chapter, shall have the following meanings:
"Community garden"
means a garden organized, created and maintained for the primary purpose of growing vegetables and ornamental plants on property owned or leased by a nonprofit organization recognized by the Internal Revenue Service as being exempt from taxation pursuant to IRC 501(c)(3), both for the purpose of providing a food source for a neighborhood and promoting horticultural and nutritional instruction to individuals.
"Instruction"
means presentation of educational materials to people of all ages through oral or visual or mix-media means or devices for the purposes of inculcating information to and education of individuals about the importance of balanced nutrition and the contribution of raising vegetables to assist in achieving a goal of balanced nutrition.
"Nonprofit organization"
means any nonprofit entity recognized by the Internal Revenue Service as being organized for charitable or educational purposes pursuant to IRC 501(c)(3).
"Property"
means lot or group of lots, including buildings and structures located thereon, in the city of Staunton, Virginia, and owned legally or equitably by a nonprofit organization, regardless of ownership titling or interest, or used under a lease or otherwise by an organization for creating and maintaining a community garden.
"Sales"
shall mean the transfer of vegetables and ornamental plants produced on the site of the community garden in exchange for good and valuable consideration during limited hours as provided in this chapter.
(Ord. 2023-01)
Any nonprofit organization organizing, creating and maintaining a community garden shall be permitted to use the property as a permitted principal use in all zoning districts excluding R-1 and R-2, low density residential districts. However, any such community garden shall be maintained pursuant to the following conditions:
(1) 
Off-street parking is required at the rate of one space for every 1,200 square feet of cultivated area on the community garden property. An exception to the sealed surface requirement may be granted by the zoning administrator under the provisions of SCC § 18.125.020(5)(a).
(2) 
Any activity within the community garden on the property shall be limited to the time between dawn and dusk.
(3) 
Retail sales on the community garden property shall be limited to only products, including, but not limited to, vegetables and ornamental plants, grown on the site of the community garden. Retail sales shall be limited to the hours of 9:00 a.m. to 6:00 p.m. On property zoned R-3, R-4, and P-1, retail sales shall be limited to one time per week.
(4) 
Structures on the property shall not exceed 256 square feet and shall be considered accessory structures with a maximum height of 15 feet and must meet a minimum front setback of 15 feet and a minimum side or rear setback of five feet measured from their respective property lines.
(5) 
Fencing around the community garden shall be governed by the general zoning limitations for the zoning district in which the community garden is located. Notwithstanding the foregoing, within residential zoning districts, temporary, seasonal wire fences may be erected not to exceed six feet in height to discourage and deter deer and other animals from consuming the vegetables and ornamental plants grown in the community garden. The temporary fencing shall be subject to the sight distance requirements in SCC § 18.120.010(2).
(6) 
Signage on the property shall be limited to one identification sign with a height no greater than five feet and a square footage no greater than 12 square feet. Signage must be located on the same property on which the community garden is located. Such sign must be located at least five feet from all property lines. The sign shall be subject to the sight distance requirements in SCC § 18.120.010(2).
(7) 
Lighting on the property shall be limited to motion sensor lights only and all light must be contained within the property having no more than one-half footcandle at the property line. No continuous or all-night lighting shall be allowed.
(8) 
Waste collection facilities shall be provided on the property. All waste collection facilities and compost facilities shall be screened from adjoining properties by a fence or landscaping to the satisfaction of the zoning administrator.
(9) 
No livestock, poultry, or other animals are to be raised or kept on the community garden property.
The community garden shall be maintained in such a manner as to prevent overgrowth of plantings and other vegetation.
(Ord. 2023-01)