Ordinance No. 131 Consolidated Land Use Ordinance

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SECTION 14. GARDEN OVERLAY DISTRICT. 1. Findings and Purpose. 1. The City Council makes the following findings: 1. The land -use plans of the City of Gem Lake historically have not assigned any land in the City for long- term agricultural use, as the City has developed and continues to develop as a primarily residential community surrounded by fully developed suburban neighborhoods. The City Council reaffirms the City's intent to encourage development of the City in accordance with its adopted comprehensive plans. At the time this Ordinance is considered, large land parcels in the City have yet to develop any primary use and stand vacant. Additional large -lot property in the City is projected to subdivide and develop into smaller lots over the next 10 to 30 years. The City Council recognizes that economic conditions are not always favorable for real estate development, and that the costs to carry vacant land can create pressures that promote sub -optimal development. Permitting small-scale agriculture as a primary use will allow owners of large undeveloped parcels to qualify for agricultural tax classification, and thus lower tax payments, without affecting the long-term plans for the land. The Council finds that providing this means to temporarily ease this pressure will enhance the City's ability to fully realize the goals of its comprehensive plans. 3. Several cities and metropolitan areas are placing a greater emphasis on local food production as a means of improving public health. Allowing the use of available space in the City for "community gardens" or "market gardens" to grow food will promote local food production and improve public health in Gem Lake and the surrounding community. 4. As an interim use of land, subject to the regulations proposed, community gardening and market gardening will be compatible with all allowed land uses in the City of Gem Lake, and with the goals of the City's comprehensive plan. 2. The Council intends that the Garden Overlay District be available to overlay on parcels of land in any existing zoning district to add the uses described in the district regulations to the list of uses allowed upon that land. The Garden Overlay District may be applied to and superimposed as an overlay upon any zoning district, defined in this Zoning Ordinance, as existing or amended by this section and as shown on the official Zoning Map. Nothing in this Section is intended to affect the ability of landowners to maintain accessory uses that are allowed without the Overlay zone upon their property, whether or not the Overlay zone covers their property. This overlay district is intended to permit a temporary land use, and should no longer be needed on a parcel when it eventually develops in accordance with the regulations of the underlying zoning district. Requesting Garden Overlay. Applications to create a Garden Overlay District shall be made and considered as a re -zoning request in accordance with Section 17.6 of this Ordinance. In addition to the documents and materials generally required for a re -zoning application, the applicant shall supply copies of draft leases, contracts or use agreements to which the groups or individuals using the gardens will agree prior to using the garden space. Such agreements must provide the land owner or designated representative with the legal ability to evict a tenant and bar entry to any individual member of a group, if the tenant or individual violates the terms of this Ordinance, the terms of the Interim Use Permit for the property, any restrictive term of the lease or agreement, or any other applicable City Ordinance or state law. 3. Termination of Garden Overlay. A Garden Overlay District shall remain in effect until one of the following occurs: 1. City approval of a zoning application for a use or uses permitted in the underlying zone (e.g. development plan, conditional use permit, or building permit); the Garden Overlay status and any permits granted under the terms of this Section shall expire six months from the date of approval; or 2. The Interim Use Permit for the property expires, and no application is made to renew the permit within six months of the expiration; or 3. The Interim Use Permit for the property is revoked by the City Council for violations of this Ordinance, permit conditions, or any other applicable law or ordinance. Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 63